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HomeMy WebLinkAboutPacket - 06/17/2019 - 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 17, 2019 1. Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Promotion Ceremony: Promotion of Detective Brian Aalto to the rank of Sergeant. 5. Public Hearing: Call to order a Public Hearing for the Presentation of Fiscal Year 2019/2020 Appropriation Ordinance in the amount of $48,726,399.00. 6. Motion to adopt the Fiscal Year 2019/2020 Appropriation Ordinance in the amount of $48,726,399.00. 7. Public Hearing: Call to order a Public Hearing on the City of McHenry’s proposed Ordinance Authorizing Renewal and Execution of a Cable Franchise Agreement between the City of McHenry and Comcast 8. Motion to adopt the proposed Ordinance Authorizing Renewal and Execution of a Cable Franchise Agreement between the City of McHenry and Comcast 9. 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. 10. Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. Mayor’s recommendation for the appointment of Troy Strange as the Director of Public Works for the City of McHenry; B. Mayor’s recommendation for the appointment of Trisha Ramel to the position of City Clerk for the City of McHenry through April 30, 2021; C. Mayor’s rec ommendation for the appointment of Mike Mrachek as Vice Chairman of the Economic Development Commission; D. Ordinance designating the property located at 2102 W. Illinois Route 120 a/k/a Riverside Chocolate Factory as Historical Landmark in the City of McHenr y; E. Ordinance approving a proposed amendment to the Final Plat of Subdivision of the Heidner Properties Subdivision; F. Ordinance approving minor variances for the property located at 1207 N Park Street; G. Proposed Sign Variances for the Starbucks, located at 43 05 W. Elm Street, to permit a projecting sign in the C5 Zoning District and an additional 37 square feet of wall signage (from 60sf to 97sf); H. Reduction of a Letter of Credit for the Townhomes of Prairie Lakes (Prairie Lakes of McHenry LLC) from $1,321,237 to $422,795.80; I. Special Event Liquor License for McHenry Rotary for Blues Brews BBQ for August 16 -18, 2019, in Petersen Park; J. June 3, 2019, City Council Meeting Minutes; K. Issuance of Checks in the amount of $666,826.99; L. Issuance of As Needed Checks in the amount of $819,296.21. 11. Individual Action Item Agenda. A. Motion to adopt an Ordinance approving a Conditional Use Permit to allow an indoor amusement establishment to operate a raffle which would benefit the McHenry County Youth Sports Association (MCYSA) at 4314A W Elm B. Motion to adopt an Ordinance amending Section 26-24 of the McHenry Municipal Code (Waterworks user rates) C. Motion to adopt an Ordinance amending the FY19/20 Budget, account 100.22.8300, in the amount of $22,621; and, authorization to purchase one 2019 Ford Interceptor Utility from Buss Ford not to exceed $32,165, purchase and install emergency vehicle equipment from Ultrastrobe, Inc. not to exceed $8,342.25 D. Motion to adopt an Ordinance amending the FY19/20 Budget, account 100.01.5110, in the amount of $22,000; and, acceptance of a bid from McHenry Heating & Excavating, Inc. in the amount of $22,000 for the demolition of public buildings in Neumann Park and Court Street E. Motion to adopt an Ordinance amending Chapter 4: Alcoholic Liquor to allow a detailed definition of “Full Bar” and the addition of a Personal Care Establishment License F. Motion to adopt an Ordinance amending Chapter 9, Devices, Coin-Operated, Section 9-10, Video Gaming Terminals, of the City of McHenry’s Municipal Code 12. Executive Session. A. Litigation (5 ILCS 120/(c)(11).) 13. Possible action regarding litigation discussed in Executive Session. 14. Staff Reports. 15. Mayor’s Report. 16. City Council Comments. 17. 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. Office of Finance & Accounting Carolyn Lynch, Director McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us PUBLIC HEARING SUPPLEMENT DATE: June 17, 2019 T0: Mayor and City Council FROM: Carolyn Lynch RE: Appropriation Ordinance 19-20 ATT: Appropriation Ordinance Appropriation List AGENDA ITEM SUMMARY: The Appropriation Ordinance provides the legal authority under state statute to allocate funds for specific spending activities. The ordinance, which must be adopted no later than the end of the first quarter of the new fiscal year, also establishes the municipality's legal spending limit for the fiscal year. BACKGROUND/ANALYSIS: The Budget Officer Finance System was passed by the City Council on May 6, 2019, which allows the City to pass a budget instead of the appropriation ordinance. Because the Budget Officer Finance System was not approved before the FY2019/20 budget was passed, an appropriation ordinance must still be approved for FY2019/20. Beginning with the FY2020/21 budget year, only a budget will be approved by City Council. Municipalities are required to conduct a public hearing before adoption of the appropriation ordinance. State statute also requires municipaes to publish notice of the public hearing and the location where the ordinance is to be available for review. This notice was published in the Northwest Herald. A certified copy of the Appropriation Ordinance must be filed with the County Clerk within thirty (30) days of its adoption. The Appropriation Ordinance reflects anticipated expenditure levels found in the annual operating budget. Budget amendments approved by the City Council during the year and other adjustments necessitated by unforeseen expenditures will be included in the Supplemental Appropriation Ordinance. The Citp of McHenry is rledicnled to providing its citizens, businesses, and visitorswith the highest qua/ins of progrnnis end services in ncustomer-oriented, efficient, and fiscally responsible manner. RECOMMENDATION: Staff recommends the following: 1) Conduct the public hearing for the 2019/20 Appropriation Ordinance; and 2) Upon closing of the public hearing, approve the 2019/20 Appropriation Ordinance in the amount of $48,726,399. PUBLIC NOTICE A PUBLIC HEARING on the City of McHenry's proposed Appropriation Ordinance will be held Monday, June 17, 2019 at 7:oo p.m. in the City Council Chambers, 333 South Green Street, McHenry, Illinois, 60050. NOTICE IS HEREBY GIVEN that a copy of the proposed Appropriation Ordinance for fiscal year beginning May 1, 2019 and ending April 30, 2020 will be available for inspection in the Finance Department, 333 South Green Street, McHenry, Illinois 60050, Monday through Friday, from 8:oo a.m. to 5400 p.m. City of McHenry Monte Johnson, Deputy City Clerk ORDINANCE NO. ORD-19- AN ORDINANCE PROVIDING FOR THE APPROPRIATION FOR THE FISCAL YEAR 2019-20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, ILLINOIS, as follows: SECTION 1. That it be deemed necessary in order to defiay the necessary expenses and liabilities of said City for the fiscal year beginning May 1, 2019 and ending April 30, 2020; that there be and there is hereby appropriated to provide for the general tax levy and other revenue for the said fiscal year, the aggregate sum of Forty -Eight Million, Seven Hundred Twenty Six Thousand, Three Hundred Ninety Nine ($48,726,399) the object and purpose for which said appropriation is made and the amounts appropriated for the same are as follows, to wit: 2019/20 2019/20 Property Tax Budget Appropriation Levy Amount GENERALFUND Administration (100.01) 4010 Salaries - Regular $ 2811967 281,967 4050 Overtime - Regular 11000 11000 4220 Board & Commission Expense 16,000 16,000 4310 Health/Life Insurance 591869 59,869 4320 Dental Insurance 11382 11382 4330 Life Insurance 214 214 4340 Vision Insurance 122 122 4410 FICA/Medicare 20,311 20,311 4420 IMRF Retirement 31,126 31,126 4510 Uniform Allowance 450 450 5110 Contractual Services 60,000 60,000 5230 Legal Fees 2251000 2251000 5310 Postage and Meter 1,000 11000 5330 Printing and Publishing 41000 4,000 5370 Repair and Maintenance 500 500 5410 Dues 171500 171500 5420 Travel Expenses 41000 41000 5430 Training 31000 31000 5450 Publications 500 500 5510 Utilities 11250 11250 6110 Materials and Supplies 30,000 30,000 6210 Office Supplies 41500 41500 6940 Administrative Expenses 81500 81500 8200 Capital - Buildings 440,000 440,000 8600 Capital - Streets 132,000 132,000 8900 Capital - Public Improvements 9361000 9361000 9920 Purchase Service - Risk Management 481302 48,302 9922 Purchase Service - Information Technology 31,834 31,834 Total Administration Office 21360,327 21360,327 Elected Officials (100.02) 4210 Salaries - Elected Officials 461700 46,700 4410 FICA/Medicare 31573 31573 5310 Postage and Meter 51500 51500 5320 Telephone - 5330 Printing and Publishing 81000 81000 5410 Dues 11100 11100 5420 Travel Expenses 250 250 5430 Training 11500 11500 5450 Publications 500 500 6210 Office Supplies 200 200 6940 Administrative Expenses 20,000 20,000 9922 Purchase Service - Information Technology 61777 61777 Total Elected Officials 94,100 94,100 Community Development Department (100,03) 4010 Salaries - Regular 519,520 519,520 4310 Health/Life Insurance 115,427 1153427 4320 Dental Insurance 41231 41231 4330 Life Insurance 308 308 4340 Vision Insurance 432 432 4410 FICA/Medicare 39,743 39,743 4420 IMRF Retirement 571147 57,147 4510 Uniform Allowance 21025 21025 5110 Contractual Services 32,700 32,700 2019/20 2019/20 Property Tax Budget Appropriation Levy Amount 5120 Building Maintenance 40,000 40,000 5310 Postage and Meter 2,000 21000 5330 Printing and Publishing 700 700 5370 Repair and Maintenance - Vehicles 21000 21000 5410 Dues 1,000 11000 5430 Training 31000 31000 5450 Publications 500 500 6110 Materials and Supplies 27,000 271000 6210 Office Supplies 2,500 21500 6250 Fuel and Lubricants 51000 51000 6270 Small Tools and Equipment 11000 11000 9920 Purchase Service - Risk Management 23,540 237540 9922 Purchase Service - Information Technology 411281 41,281 Total Community Development Department 921,054 9211054 Finance Department (100.04) 4010 Salaries - Regular 332,191 3321191 4310 Health/Life Insurance 65,866 651866 4320 Dental Insurance 21436 21436 4330 Life Insurance 205 205 4340 Vision Insurance 272 272 4410 FICA/Medicare 25,413 251413 4420 IMRF Retirement 36,541 36,541 5110 Contractual Services 81500 81500 5310 Postage and Meter 22,200 22,200 5330 Printing and Publishing 41000 41000 5410 Dues 525 525 5430 Training 500 500 6210 Office Supplies 61000 61000 6945 Development Expense 7551000 755,000 9904 Debt Service Transfer 379,804 379,804 9944 Transfer to Band Fund 12,000 12,000 9945 Civil Defense Fund Transfer 61000 61000 9920 Purchase Service - Risk Management 16,226 16,226 9922 Purchase Service - Information Technology 691361 69,361 Total Finance Department 11743,040 11743,040 Human Resources Department (100.05) 4010 Salaries -Regular 149,590 149,590 4310 Health/Life Insurance 281423 28,423 4320 Dental Insurance 11091 17091 4330 Life Insurance 82 82 4340 Vision Insurance 140 140 4410 FICA/Medicare 117444 11,444 4420 IMRF Retirement 16,455 16,455 5110 Contractual Services 381125 38,125 5430 Training 41500 41500 9922 Purchase Service - Information Technology 81581 8,581 Total Human Resources Department 258,431 2581431 Economic Development Department (100.06) 4010 Salaries -Regular 168,103 168,103 4310 Health/Life Insurance 36,457 36,457 4320 Dental Insurance 11482 11482 4330 Life Insurance 82 82 4340 Vision Insurance 132 132 4410 FICA/Medicare 12,859 121859 4420 IMRF Retirement 18,491 18,491 2019/20 2019/20 Property Tax Budget Appropriation Levy Amount 5110 Contractual Services 25,000 25,000 5310 Postage and Meter 350 350 5330 Printing and Publishing 11500 11500 5410 Dues 37000 3,000 5420 Travel Expenses 21500 21500 5430 Training 31000 31000 6110 Materials and Supplies 150 150 6210 Office Supplies 400 400 9922 Purchase Service - Information Technology 14,548 141548 Total Economic Development Department 2881054 288,054 Police Commission (100.21) 4220 Salaries - Boards and Commissions 1,350 11350 4410 Employee Contribution - Soc. Sec. 103 103 5110 Contractual Services 41625 41625 5410 Dues 375 375 5430 Training 500 500 Total Police Commission 61953 61953 Police Department (100.22) 4010 Salaries - Regular 340,564 340,564 4020 Salaries - Sworn 418561374 41856,374 4030 Salaries - Part -Time 19,800 191800 4050 Overtime - Regular 51000 51000 4055 Overtime - Sworn 244,500 2441500 4080 Career Ladder 151000 15,000 4310 Health/Life Insurance 11064,643 1,064,643 4320 Dental Insurance 411222 411222 4330 Life Insurance 21245 21245 4340 Insurance Premiums - Vision 31344 31344 4410 FICA/Medicare 419,315 4191315 4420 IMRF Retirement 38,577 38,577 4430 Employer Contribution - Police Pension 21082,421 21082,421 4510 Employee Uniforms 31,000 31,000 5110 Contractual Services 94,310 941310 5310 Postage and Meter 31000 31000 5320 Telephone 30,000 30,000 5370 Repair and Maintenance - Vehicles 60,500 601500 5410 Dues 21100 21100 5420 Travel Expense 24,800 24,800 5430 Training Expense 321395 32,395 5440 Tuition Reimbursement 91000 91000 5450 Publications 800 800 6110 Materials and Supplies 23,900 23,900 6210 Office Supplies 171900 17,900 6250 Fuel and Lubricants 100,000 100,000 6270 Small Equipment 61850 61850 6310 Canine Unit 51300 51300 8300 Capital - Equipment 34,575 341575 9920 Purchase Service - Risk Management 229,083 229,083 9922 Purchase Service - Information Technology 292,861 2921861 Total Police Department 1011311379 10,131,379 Dispatch Department (100.23) 4010 Salaries - Regular 11551,492 11551,492 4030 Salaries - Part Time 30,000 301000 4050 Overtime - Regular 1103000 110,000 4310 Health/Life Insurance 3861218 386,218 2019/20 2019/20 Property Tax Budget Appropriation Levy Amount 4320 Dental Insurance 15,014 15,014 4330 Life Insurance 930 930 4340 Insurance Premiums - Vision 11047 11047 4410 FICA/Medicare 129,399 129,399 4420 IMRF Retirement 191,072 191,072 4510 Employee Uniforms 81800 81800 5110 Contractual Services 10,620 101620 5310 Postage and Meter 50 50 5420 Travel Expense 51250 51250 5430 Training Expense 13,340 13,340 5440 Tuition Reimbursement 31500 31500 5510 Utilities 500 500 6110 Materials and Supplies 51595 51595 6210 Office Supplies 11700 11700 9920 Purchase Service - Risk Management 511132 511132 9922 Purchase Service - Information Technology 36,728 36,728 Total Dispatch Department 21552,387 21552,387 Public Works - Administration (100.30) 4010 Salaries - Regular 2901203 290,203 4310 Health/Life Insurance 50,889 5009 4320 Dental Insurance 11910 11910 4330 Life Insurance 123 123 4340 Vision Insurance 199 199 4410 FICA/Medicare 221201 221201 4420 IMRF Retirement 31,042 31,042 4510 Uniform Allowance 450 450 5110 Contractual Services 31500 31500 5310 Postage and Meter 400 400 5410 Dues 380 380 5420 Travel Expense 500 500 5430 Training 21000 21000 6210 Office Supplies 11000 11000 6270 Small Tools & Equipment 2,000 21000 9920 Purchase Service - Risk Management 133384 137384 9922 Purchase Service - Information Technology 22,648 22,648 Total Public Works - Administration 442,829 442,829 Public Works -Streets Division (100.33) 4010 Salaries -Regular 1,335,937 1,335,937 4050 Overtime - Regular 15,000 151000 4060 Overtime - Snow Removal 70,000 70,000 4110 Salaries -Seasonal 20,000 20,000 4310 Health/Life Insurance 319,358 319,358 4320 Dental Insurance 21808 21808 4330 Life Insurance 779 779 4340 Vision Insurance 134 134 4410 FICA/Medicare 110,232 1101232 4420 IMRF Retirement 156,303 156,303 4510 Uniforms 101000 101000 5110 Contractual Services 225,000 225,000 5370 Repair and Maintenance - Vehicles 170,000 1701000 5430 Training 51000 51000 5520 Street Lighting 3101000 310,000 6110 Materials and Supplies 250,000 250,000 6210 Office Supplies 11000 11000 3250 Fuel and Lubricants - Vehicles 70,000 701000 2019120 2019/20 Property Tax Budget Appropriation Levy Amount 6270 Small Tools and Equipment 41000 41000 6290 Safety Equipment and Supplies 11000 11000 6950 Forestry 661000 66,000 9920 Purchase Service - Risk Management 88,088 883088 9922 Purchase Service - Information Technology 16,416 16,416 Total Public Works - Streets Division 312471055 31247,055 Parks and Recreation Department (100.41) 4010 Salaries - Regular 773,525 7731525 4030 Salaries - Part Time 41080 41080 4050 Overtime - Regular 17,500 17,500 4110 Salaries -Seasonal 3021200 302,200 4310 Health/Life Insurance 207,519 2071519 4320 Dental Insurance 31062 31062 4330 Life Insurance 431 431 4340 Vision Insurance 192 192 4410 FICA/Medicare 83,944 831944 4420 IMRF Retirement 877013 87,013 4510 Uniform Allowance 31600 33600 5110 Contractual Services 2691950 269,950 5310 Postage and Meter 61000 61000 5330 Printing and Publishing 17,500 17,500 5370 Repair and Maintenance - Vehicles 15,000 151000 5410 Dues 139,713 139,713 5420 Travel Expense 11200 11200 5430 Training 101550 10,550 5450 Publications 500 500 5510 Utilities 21,500 21,500 6110 Materials and Supplies 176,100 1761100 6210 Office Supplies 51000 51000 6250 Fuel and Lubricants - Vehicles 17,000 171000 6270 Small Tools & Equipments 12,000 12,000 6920 Special Events 30,950 30,950 8800 Public Improvements 801000 80,000 9902 Transfer- Recreation Center 81,954 81,954 9920 Purchase Service - Risk Management 66,973 661973 9922 Purchase Service - Information Technology 63,068 63,068 Total Parks and Recreation Department 21498,024 2,4981024 Total General Fund 24,543,633 24,543,633 Total Police Protection (Police Protection Levy) Total Soc. Sec./Med Fund (FICA Levy) Total Retirement Fund (IMRF Levy) Total Risk Management Fund (Liab. Ins. Levy) Total General Fund (General Corporate Levy) Total General Fund SPECIAL REVENUE FUNDS Tourism Fund (200) 5110 Contractual 116,671 9901 Transfer General Fund 99,000 Total Tourism Fund 215,671 7, 591, 066 749,035 47,312 469,370 15.086,850 24,543,633 116,671 99,000 215,671 547,959 563,745 399,194 499,994 499,046 2,509,938 2019/20 Budget 2019/20 Property Tax Appropriation Levy Amount Pageant Fund (205) 3940 Administrative Expense 11900 11900 Total Pageant Fund 11900 11900 Band Fund (210) 5110 Contractual 3110 Materials and Supplies Total Band Fund Civil Defense Fund (220) 5375 Repairs and Maintenance -Equipment Total Civil Defense Fund Alarm Board Fund (225) 5110 Contractual Services Total Alarm Board Fund Audit Fund (230) 5110 Contractual Services Total Audit Fund Annexation Fund (260) 6970 Distribution Operating Fees 6980 Distribution Operating Fees 9904 Transfer -Debt Service Fund 9942 Transfer -Capital Improvement Fund Total Annexation Fund Motor Fuel Tax Fund (270) 6110 Materials and Supplies 8600 Capital -Street Improvements 9904 Transfer -Debt Service Total Motor Fuel Tax Fund Developer Donation Fund (280) 6970 Distributions -Schools 6980 Distributions -Library District 6990 Distributions -Fire Protection District Total Developer Donation Fund Developer Donation Fund -Parks (280.41) 6940 Administrative Expenses 8100 Land Acquisition 8800 Park Improvements Total Developer Donation Fund -Parks Tax Increment Fund (290) 6940 Administrative Expense 8900 Public Improvements 9901 Transfer -General Fund 9904 Transfer -Debt Service Fund Total Tax Increment Fund 14,500 500 15,000 5,300 5,300 92,000 92,000 40,011 40,011 70,000 10,000 35,000 500,000 615,000 225,000 410, 076 399,229 1,034,305 100,000 25,000 25,000 150,000 12,500 499,000 511,500 68,000 20,000 2,500 220,235 310,735 14,500 500 15,000 5,300 5,300 92,000 92,000 40,011 40,011 70,000 10,000 35,000 500,000 615,000 225,000 410,076 399,229 1,034,305 100, 000 25,000 25,000 150, 000 12,500 499,000 511,500 68,000 20,000 2,500 220,235 310,735 26,427 DEBT SERVICE FUNDS Debt Service Fund (300) 2019120 2019/20 Property Tax Appropriation Levy Amount 7100 Bond Principal Payments 7200 Bond Interest Payments 7300 Paying Agent Fees Total Debt Service Fund CAPITAL PROJECTS FUNDS Recreation Center Fund (400) 4010 Salaries - Regular 4130 Salaries - Front Desk Attendants 4135 Salaries - Front Desk Lead/Coordinator 4140 Salaries - Childcare Attendants 4145 Salaries - Rental Attendants 4310 Health/Life Insurance 4320 Dental Insurance 4330 Life Insurance 4340 Vision Insurance 4410 FICA/Medicare 4420 IMRF Retirement 4510 Uniform Allowance 5110 Contractual Services 5200 Contract Custodial 5210 Marketing &Advertising 5215 Retention/Promotion 5321 Cable/TV 5375 Equipment Repairs 5430 Training 5510 Utilities 5600 Credit Card/Bank Fees 6110 Materials and Supplies 6111 Custodial Supplies 6120 Childcare Supplies 6130 Safety Supplies 6141 Office Furniture/Equipment 6210 Office Supplies 8300 Equipment 9904 Transfer - Debt Service Fund 9922 Purchase Service - Information Technology Total Recreation Center Fund Recreation Center Fund - Fitness (400.40) 4160 Salaries - Personal Trainers 4170 Salaries - Group Exercise Instructors 4175 Salaries - Fitness Program Instructors 4180 Salaries - Facility Attendants 4410 FICA/Medicare 5110 Contractual Services 5375 Equipment Repairs 6110 Materials and Supplies 6142 Fitness Equipment Total Recreation Center Fund - Fitness Special Service Area #1A (420) 9904 Transfer -Debt Service Total Special Service Area #1A 11485,000 167,965 5,000 116571965 51,408 1021130 75,772 28,000 700 26,601 428 113 146 19,737 131991 2,500 6,000 28,000 13,000 4,500 3,600 4,000 550 31,500 15,000 4,000 15,000 1500 1000 1000 1000 150, 000 132,357 29,071 766,604 20,650 65,780 2,000 18,450 8,176 11,000 2,500 6,000 41000 138,556 11485,000 167,965 5,000 11657, 965 51,408 102,130 75,772 28,000 700 26,601 428 113 146 19,737 13,991 2,500 6,000 28,000 13, 000 4,500 3,600 4,000 550 31,500 15,000 4,000 15,000 1, 500 1, 000 1, 000 5,000 150, 000 1321357 29,071 766,604 20,650 65,780 2,000 18,450 8,176 11,000 2,500 6,000 4,000 138,556 2019/20 Budget 2019/20 Property Tax Appropriation Levy Amount Special Service Area #4A (424) 9936 Transfer - Utility Improvements Fund Total Special Service Area #1A Capital Improvements Fund (440) 8200 Capital - Building Improvements 8600 Capital - Street Improvements 8800 Capital - Park Improvements 8900 Capital - Public Improvements Total Capital Improvements Fund Local Street Improvements Fund (441) 9909 Transfer Motor Fuel Tax Fund Total Local Street Improvements Fund 16,847 16,847 200,000 7111221 42,000 953,221 16, 847 16,847 200,000 7111221 42,000 9531221 Capital Equipments Fund (450) 8300 Capital - Equipment - - 8400 Capital - Vehicles - - Total Capital Improvements Fund - - ENTERPRISE FUNDS WATER/SEWER FUND Public Works -Water Division (510.31) 4010 Salaries - Regular 452,798 452,798 4050 Overtime - Regular 24,000 24,000 4110 Salaries -Seasonal 111500 11,500 4310 Health/Life Insurance 105,527 1051527 4320 Dental Insurance 995 995 4330 Life Insurance 226 226 4340 Vision Insurance 101 101 4410 FICA/Medicare 37,355 371355 4420 IMRF Retirement 52,448 52,448 4510 Uniform Allowance 21700 21700 5110 Contractual Services 125,000 125,000 5310 Postage and Meter 21000 21000 5370 Repair and Maintenance - Vehicles 31000 37000 5410 Dues 800 800 5430 Training Expenses 21500 21500 5510 Utilities 1201000 120,000 6110 Materials and Supplies 125,000 125,000 6210 Office Supplies 650 650 6250 Fuel and Lubricants - Vehicles 11,000 11,000 6270 Small Tools and Equipment 11250 11250 7100 Bond Principal 100,000 100,000 7200 Bond Interest 40,508 40,508 7300 Fees - Paying Agent 350 350 9510 Depreciation Expense 512,000 5121000 9904 Transfer - Debt Service Fund 99,770 99,770 9920 Purchase Service - Risk Management 641895 641895 9921 Purchase Service - General Fund 237,911 237,911 9922 Purchase Service - Information Technology 171734 171734 9923 Purchase Service - Audit Fund 41439 41439 9930 Transfer - Water/Sewer Fund 7171820 717,820 Total Public Works - Water Division 21874,277 21874,277 2019120 2019/20 Property Tax Budget Appropriation Levy Amount Public Works - Wastewater Division (510.32) 4010 Salaries - Regular 655,566 655,566 4050 Overtime - Regular 401000 401000 4110 Salaries -Seasonal 51000 51000 4310 Health/Life Insurance 197,282 197,282 4320 Dental Insurance 856 856 4330 Life Insurance 369 369 4340 Vision Insurance 146 146 4410 FICA/Medicare 53,593 531593 4420 IMRF Retirement 76,512 76,512 4510 Uniform Allowance 71291 71291 5110 Contractual Services 181,000 181,000 5310 Postage and Meter 200 200 5370 Repair and Maintenance - Vehicles 20,000 20,000 5375 Repair and Maintenance - Equipment 70,000 701000 5380 Repair and Maintenance - Utility System 91,000 91,000 5410 Dues 11000 17000 5430 Training Expenses 11000 11000 5440 Tuition Reimbursement 11000 11000 5510 Utilities 250,000 250,000 5580 Disposal 1451000 1453000 6110 Materials and Supplies 220,000 220,000 6210 Office Supplies 750 750 6250 Fuel and Lubricants - Vehicles 30,000 30,000 7100 Bond Principal 275,000 275,000 7200 Bond Interest 173,440 173,440 7300 Fees - Paying Agent 11100 11100 7500 IEPA Loan Principal 11281,201 11281,201 7600 IEPA Loan Interest 531,695 531,695 9510 Depreciation Expense 11200,000 112001000 9904 Transfer - Debt Service Fund 121679 12,679 9920 Purchase Service - Risk Management 86,695 86,695 9921 Purchase Service - General Fund 2533629 253,629 9922 Purchase Service - Information Technology 14,147 14,147 9923 Purchase Service - Audit Fund 41439 41439 9930 Transfer - Water/Sewer Fund 413,790 413,790 Total Public Works -Wastewater Division 61295,380 61295,380 Public Works -Utility Division (510.35) 4010 Salaries -Regular 585,680 585,680 4050 Overtime - Regular 251000 25,000 4110 Salaries -Seasonal 12,000 121000 4310 Health/Life Insurance 170,779 170,779 4320 Dental Insurance 11054 11054 4330 Life Insurance 328 328 4340 Vision Insurance 59 59 4410 FICA/Medicare 47,635 47,635 4420 IMRF Retirement 67,175 677175 4510 Uniform Allowance 31600 31600 5110 Contractual Services 15,000 15,000 5310 Postage and Meter 100 100 5370 Repair and Maintenance - Vehicles 30,000 30,000 5410 Dues 200 200 5430 Training Expenses 11500 11500 6110 Materials and Supplies 150,000 150,000 6210 Office Supplies 250 250 6250 Fuel and Lubricants - Vehicles 20,000 20,000 6270 Small Tools 11250 11250 9510 Depreciation Expense Total Public Works - Wastewater Division Total Water/Sewer Fund 2019/20 2019/20 Property Tax Budget Appropriation Levy Amount 71250 71250 11138,860 11138,860 10,308,517 10,308,517 Capital Development Fund (550) 9936 Transfer - Utility Improvements Fund Total Capital Development Fund Utility Improvements Fund (580.31 & 32) 8500 Capital - Water Utility Improvements 8500 Capital - Sewer Utility Improvements Total Utility Improvements Fund Marina Operations Fund (590) 5110 Contractual Services 15,000 15,000 6940 Administrative Expenses 28,000 28,000 Total Marina Operations Fund 437000 43,000 INTERNAL SERVICE FUNDS Health Insurance Fund (600) 4310 Insurance Premiums - Health/Vision 311421482 31142,482 4320 Insurance Premiums - Dental 132,148 132,148 4340 Insurance Premiums - Vision 171152 17,152 5245 Health HRA Reimbursement 190,250 1901250 6960 Miscellaneous Expense 51000 51000 31487,032 314873032 Risk Management Fund (610) 5950 MCMRMA Premiums 834,714 834,714 5960 Insurance Premiums - Other 20,000 20,000 5980 Property Damage 201000 20,000 6940 Administrative Expense 31000 31000 6960 Miscellaneous Expense 9921 Purchase of Service - General Fund 21,847 211847 Total Risk Management Fund 8991561 899,561 Information Technology Fund (620) 4010 Salaries - Regular 145,677 145,677 4310 Health/Life Insurance 34,635 341635 4320 Dental Insurance 11482 11482 4330 Life Insurance 82 82 4340 Vision Insurance 132 132 4410 FICA/Medicare 11,144 11,144 4420 IMRF Retirement 16,024 16,024 5110 Contractual Services 212,825 212,825 5320 Telephone 941290 94,290 5410 Dues 300 300 5420 Travel 21000 21000 5430 Training 61000 61000 6110 Materials & Supplies 51550 51550 6210 Office Supplies 30,100 301100 6270 Small Tools and Equipment 57,850 57,850 9510 Depreciation Expense 40,000 40,000 9920 Purchase Service - Risk Management 69857 61857 Total Information Technology Fund 664,948 664,948 2019/20 2019/20 Property Tax Budget Appropriation Levy Amount FIDUCIARY FUNDS Employee Flexible Spending Fund (700) 6940 Administrative Expenses 5 000 51000 6965 Reimbursements 45,000 45,000 Total Employee Flexible Spending Fund 50,000 50,000 Developmental Escro Fund (720) 9942 Transfer - Capital Improvements Fund 257000 25,000 Total Employee Flexible Spending Fund 25,000 25,000 Police Pension Fund (760) 4910 Pension Payments 1 552,384 11552,384 4920 Disability Payments 255,188 255,188 4930 Death Benefit Payments 2291234 229,234 4940 Non -Duty Disability Benefit Payments 17,512 17,512 5110 Contractual Services 45,000 45,000 5410 Dues 21000 21000 9923 Purchase of Service - Audit Fund 31775 31775 Total Police Pension Fund 21105,093 21105,093 21082,421 Retained Personnel Fund (740) 5220 Engineering Fees - Consultant 50,000 50,000 5230 Legal Fees 15,000 15,000 6960 Miscellaneous Expense 81000 8 000 6961 Miscellaneous Refunds 23000 21000 Total Retained Personnel Fund 75,000 75,000 Total All Funds $ 48,726,399 � 48,726,399 4,635,633 SECTION 2. All unexpended balances of any item or items of general appropriation made by this Ordinance may be expended in making up any insufficiency in any items in the same general appropriation and for the same general purposes or in a like appropriation made by this Ordinance. SECTION 3. This Ordinance shall take effect from and after its passage, approval and publication according to law. SECTION 4. This Ordinance shall be published in pamphlet form by and under the authority Athe corporate authorities of the City of McHenry, Illinois. Passed and approved this 17th day of June, 2019 Alderwoman Baehne Alderman Devine Alderman Glab Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Armes Nays Absent Abstain Monte Johnson, Deputy Clerk McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us PUBLIC HEARING SUPPLEMENT DATE: June 17, 2019 TO: Mayor and City Council FROM: Deril< Morefield, City Administrator RE: Renewal of Comcast Cable Franchise Agreement AGENDA ITEM SUMMARY: The purpose of this agenda item is for a Public Hearing, followed by Council Action, for the renewal of the Cable Television Franchise Agreement between the City of McHenry and Comcast. BACKGROUND/ANALYSIS: The City and Comcast have an existing 5-year cable franchise agreement that is expiring on June 30, 2019. A new 5-year cable franchise agreement is being proposed at this time, requiring a public hearing to be followed by City Council approval. Only two additions have been made to the existing language. Article III —Franchise Fee, Paragraph D which requires the City to provide a complete list of addresses for purposes of determining the appropriate franchise fee. And, Article V — Public, Educational and Governmental Access Programming, Paragraph D, which is expanded to include the use of "fallow' time. The agreement has been reviewed by Attorney McArdle. RECOMMENDATION: Therefore, if the City Council concurs, it is recommended that motion be made to approve and Ordinance authorizing renewal and execution of a cable television franchise agreement between the City of McHenry and Comcast, following the close of the Public Hearing. PUBLIC NOTICE A PUBLIC HEARING on the City of McHenry's proposed Ordinance Authorizing Renewal and Execution of a Cable Television Franchise Agreement between the City of McHenry and Comcast will be held Monday, June 17, 2019, at 7:00 p.m. in the City Council Chambers, 333 South Green Street, McHenry, Illinois, 60050. The purpose of this hearing is to allow the public an opportunity to comment on the proposed Comcast Franchise Agreement renewal, Comcast customer service, billing practices, and signal availability. City of McHenry Monte Johnson, Deputy City Clerk ORDINANCE NO. ORD-19-xxxx An Ordinance Authorizing Renewal and Execution of a Cable Television Franchise Agreement between the City of McHenry and Comcast WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, the City of McHenry (City) and Comcast of California/Colorado/Illinois/Indiana/ Michigan, LLC (Comcast), are parties to a franchise agreement that expires on June 30, 2019; and WHEREAS, the City has given notice to the public of a hearing on the Comcast proposal pursuant to 47 U.S.C. § 546, which notice was published in the Northwest Herald on June 2, 2019; and WHEREAS, the City has held such public hearing pursuant to Federal law and the City Council finds accepting the Comcast proposal is in the best interest of the City and its residents. NOW THEREFORE BE IT ORDAINED by the Mayor and City Council of the Cityof McHenry, McHenry County, Illinois as follows: SECTION 1: The Mayor is hereby authorized to execute the City's franchise agreement with Comcast attached hereto as Exhibit A. SECTION 2: Ifanysection, paragraph, subdivision, clause, sentenceorprovision ofthis Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the reminder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed and approved this 17th day of June, 2019, Ayes Nays Absent Abstain Alderwoman Baehne Alderman Devine Alderman Glab Alderman Mihevc Alderman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Monte Johnson, Deputy Clerk EXHIBIT A BETWEEN THE CITY OF WHENRY, ILLINOIS AND COMCAST OF CALIFORNIA/COLORADO/IILLINOIS/ INDIANA/MICHGAN, LLC THIS FRANCHISE AGREEMENT (hereinafter, the "Agreement" or "Franchise Agreement") is made between the City of McHenry, Illinois (hereinafter, the "City"), an Illinois municipal corporation and Comcast of California/Colorado/Illinois/Indiana/Michigan, LP (hereinafter, "Grantee"), effective this 1St day of July, 2019 (the "Effective Date"). The City, having determined that the financial, legal and technical abilities of the Grantee are reasonably sufficient to provide the services, facilities, and equipment necessary to meet the future cable related needs of the City, desires to enter into this Franchise Agreement with the Grantee for the construction, operation and maintenance of a Cable System on the terms and conditions set forth herein. This Agreement is entered into by and between the parties under the authority and shall be governed by the Cable Communications Policy Act of 1984, as amended from time to time, 47 U.S.C. Sections 521 et seq, (the "Cable Act"), and the Illinois Municipal Code, as amended from time to time; provided that any provisions of the Illinois Municipal Code that are inconsistent with the Cable Act shall be deemed to be preempted and superseded. Article I -Franchise Hereby Granted a.The City hereby agrees to permit the Grantee to construct, operate and maintain a cable system in the City subject to the terms and provisions of the City's generally applicable ordinances governing the streets and rights of way of the City. b. The City hereby agrees that, provided the Grantee is in compliance with all generally applicable City codes and ordinances, this Franchise Agreement shall be effective for a period of five (5) years from and after the Effective Date, Article II- Operations within the Citv's Riehts of Way a. The Grantee hereby agrees to occupy the rights of way in accordance with the terms and provisions of Illinois State law and the City's generally applicable ordinances governing the streets and rights of way of the City including, but not limited to, the provisions of Chapter 21, of the McHenry Municipal Code governing streets and sidewalks, as currently in effect and as may be subsequently amended. EXHIBIT A ushe Grantee shall at all times maintain insurance and shall provide the City with certificates of insurance in accordance with the provisions of Chapter 21, of the McHenry Municipal Code. governing streets and sidewalks, as currently in effect and as may be subsequently amended. Said certificates of insurance shall name the City and its elected and appointed officers, officials, agents and employees as additional insureds. Article III -Franchise Fee a. The Grantee shall pay a franchise fee to the City for the privilege of operating in the City's rights of way in a manner consistent with the provisions of the Cable Communications Policy Act of 1984, as now in effect and as maybe subsequently amended from time to time. The franchise fee shall be in an amount equal to five percent (5%) of annual gross revenues received from the operation of the cable system to provide cable service in the City, and shall be made on a quarterly basis, and shall be due forty- five (45) days after the close of each calendar quarter. If mailed, the Franchise Fee shall be considered paid on the date it is postmarked. The City hereby agrees that the total franchise fee, as interpreted under the Cable Act, shall not exceed the greater of the percentage of fees any other video service provider, understate authorization or otherwise, providing service in the Franchise Area pays to the City. b. As used in this agreement, gross revenue means the cable service revenue derived by the Grantee from the operation of the cable system in the City's Rights of Way to provide cable services, calculated in accordance with generally accepted accounting principles. Gross revenues shall also include such revenue sources from the provision of cable service as may now exist or hereafter develop from or in connection with the operation of the cable system within the City, provided that such revenues, fees, receipts, or charges may lawfully be included in the gross revenue base for purposes of computing the City's permissible franchise fee under the Cable Act, as may be amended from time to time. c. The City and Grantee acknowledge that the audit standards are set forth in the Illinois Municipal Code at 65 ILCS 5/11-42-11.05 (Municipal Franchise Fee Review; Requests For Information). Any audit shall be conducted in accordance with generally applicable auditing standards. d. In accordance with 65 ILCS 5/11-42-11.05 (k), the City shall provide on an annual basis, a complete list of addresses within the corporate limits of the City. If an address is not included in the list or if no list is provided, the Grantee shall be held harmless for any franchise fee underpayments (including penalty and interest) from situsing errors. Nothing in this Agreement shall be construed to limit, in any way, the Grantee's rights or responsibilities under the Cable Communication Policy Act of 1984, as amended and the renewal of this Agreement shall be governed by that Act. a. The Grantee shall provide capacity for the City's noncommercial public, educational and governmental access ("PEG") programming through one Channel (the "Channel") on the Grantee's Cable System. Unless otherwise agreed to by the City and the Grantee to the extent required by applicable law, the Channel may be carried on the Grantee's digital basic service tier. The City's PEG programming shall be provided consistent with Section 611 of the Cable Act, as amended from time to time. b.The Grantee does not relinquish its ownership of or ultimate right of control over a channel by designating it for PEG use. However, the PEG channel is, and shall be, operated by the City, and the City may at any time allocate or reallocate the usage of the PEG channel among and between different non- commercial uses and Users. c. At such time that the City determines that it wants to establish capacity to allow its residents who subscribe to Grantee's Cable Service to receive PEG access programming originated from Schools and/or City facilities; or at such time that the City determines that it wants to change or upgrade a location from which PEG access programming is originated; the City will give the Grantee written notice detailing the point of origination and the capability sought by the City. The Grantee agrees to submit a cost estimate to implement the City's plan within a reasonable period of time. After an agreement to reimburse the Grantee for its expenditure, the Grantee will implement any necessary system changes within a reasonable period of time. d. Because the City and Grantee agree that a blank or underutilized Access Channel is not in the public interest, in the event the City does not completely program a Channel, Grantee may utilize the Channel for its own purposes; Grantee may program unused time on the Channel subject to reclamation from the City upon no less than sixty (60) days' notice. The programming of the Access Channel with text messaging or playback of previously aired programming shall not constitute fallow time. Text messaging containing out of date or expired information for a period of thirty (30) days shall be considered fallow time. A programming schedule that contains playback of previously aired programming that has not been updated for a period of ninety (90) days shall be considered fallow time. Fallow time shall be considered to be a period of time, in excess of six (6) hours, where no community produced programming of any kind can be viewed on an access Channel. Fallow time shall not include periods of time where programming cannot be viewed that are caused by technical difficulties, transition of EXHIBIT A broadcast media, signal testing, replacement or repair of equipment, or installation or relocation of facilities. Article VI - Customer Service Standards The City and Grantee acknowledge that the customer service standards and customer privacy protections are set forth in the Cable and Video Customer Protection Act (220 ILCS 5/22-501 et. seq.). Enforcement of such requirements and standards and the penalties for non-compliance with such standards shall be consistent with that Act. IN WITNESS WHEREOF, this Franchise Agreement has been executed by the duly authorized representatives of the parties as set forth below, as of the date set forth below: For the City of McHenry, Illinois: By: Wayne S. Jett, Mayor For Comcast of California/Colorado/Illinois/ Indiana/Michigan, LLC: McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: June 17, 2019 T0: City Council FROM: Wayne Jett, Mayor Derik Morefield, City Administrator RE: Appointment of Troy Strange as Director of Public Works The purpose of this agenda item is for Council to approve the Mayor's recommendation for the appointment of Troy Strange as Director of Public Works. As Council is aware, long-time Public Works Director Jon Schmitt retired in May of this year. Deputy Public Works Director/Project Engineer Troy Strange served in as the Interim Director of Public Works after Jon's retirement. Additionally, Troy served in this role for approximately 6 weeks in 2018 due to an extended medical leave. Three individuals, Troy and two external candidates, were interviewed for the position. A combination of Troy's technical background and expertise as an engineer, along with his insight regarding current projects and future goals for the Department of Public Works and City of McHenry, made him the unanimous selection of the interview committee. Per the McHenry Municipal Code, the Director of Public Works is a position appointed by the Mayor with consent of the City Council. Therefore, if Council concurs, it is recommended that Troy Strange be appointed as the Director of Public Worl<s for the City of McHenry. McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: June 17, 2019 TO: City Council FROM: Wayne Jett, Mayor Derik Morefield, City Administrator RE: Appointment of Trisha Ramel as the McHenry City Clerk The purpose of this agenda item is for Council to approve the Mayor's recommendation for the appointment of Trisha Ramel as the City Clerk. Per direction provided by City Council earlier this year, Mayor Jett accepted letters of interest and resumes from individuals interested in being appointed to the position of City Clerk to fulfill the responsibilities of this position through April 30, 2021. As Council is aware, the vacancy of this elected position exists due to the resignation of the last elected City Clerk. Four individuals were identified for the position and interviewed and Trisha Ramel is being recommended for appointment by Mayor Jett. Trisha has a BS in Communications from Illinois State University and is currently employed by Gary Lang Auto Group as the Manager of Customer Relations for the Business Development Center. Trisha's responsibilities will be attending City Council Meetings for the taking of minutes, and coordinating with Deputy City Clerk Monte Johnson for ensuring the requirements of the Office of the City Clerk are met. Therefore, if Council concurs, it is recommended that Trisha Ramel be appointed as the McHenry City Clerk through April 30, 2021. McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: June 17, 2019 TO: Mayor and City Council FROM: Deril< Morefield, City Administrator McHenry Landmark Commission RE: Designation of the property located at 2102 W. Illinois Route 120 al<a Riverside Chocolate Factory for Landmark Status ATT: Ordinance, Landmark Status Application and Supporting Materials AGENDA ITEM SUMMARY: The purpose of this agenda item is for Council to consider a request by Robert and Diana Hunter (Sweet Hunter LLC dba Riverside Chocolate Factory) located at 2102 W. Illinois Route 120, for Landmark Status designation in accordance with the City of McHenry Historic Preservation Ordinance, and the approval of an Ordinance designating Historic Landmark status. BACI<G ROU N D/SUMMARY: In 2018, Robert Cl"d Diana Hunter, owners ofthe Riverside Chocolate Factor, initiated the process for designation as a historic landmark under McHenry's Historic Preservation Ordinance. Due to a combination on the Landmark Commission membership, as well as an extended trip out of the country by the Hunters, action could not be taken on this item until this year. On June 4, 2019 the Landmark Commission held a Public Hearing on a Landmark Designation Application submitted by owners Robert and Diana Hunter for the property at 2101 W. Illinois Route 120. A copy of the Public Hearing notice is attached. In addition, owners of adjacent properties were provided a mailed copy of the Public Notice, Robert Hunter and a number of friends and family members appeared at the Public Hearing but there were no comments from the public on this matter. At the close of the Public Hearing, the Landmark Commission identified a number of notable characteristics that make it suitable for designation as a McHenry Landmark the meeting of only one feature is required for designation). These include: • The history of the property and, specifically, the structure located on the property has character, interest, or value which is part of the development, heritage or cultural characteristics of McHenry; (Criteria A for Landmark Designation) • It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant; (Criteria F for Landmark Designation) • It has a unique location or singular physical characteristic that make it an established or familiar visual feature; (Criteria H for Landmark Designation) • It has character which is a particularly fine or unique example of a utilitarian structure, including, but not limited to, farmhouses, gas stations or other commercial structures with a high level of integrity or architectural significance; (Criteria I for Landmark Designation) • It establishes a sense of time and place unique to the City of McHenry; (Criteria 1 for Landmark Designation) At the close of discussion, the Landmark Commission voted unanimouslyto recommend approval for Landmark Designation status the property located at 2101 W. Illinois Route 120 aka Riverside Chocolate Factory to the McHenry City Council. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to approve and Ordinance designating the property located at 2101 W. Illinois Route 120 with the structure now known as Riverside Chocolate Factory, as a McHenry Landmark under the McHenry Historic Preservation Ordinance. ORDINANCE NO.ORD-IY-XXXX An Ordinance Designating the Riverside Chocolate Factory, 2102 W Illinois Route 120, as a Historic Landmark WHEREAS, Sweet Hunter LLC holds title to the property commonly known as 2102 W Illinois Route 120, McHenry, IL and legally described on the attached Exhibit A; and WHEREAS, due to its historical significance, the Riverside Chocolate Factory has been nominated for historic landmark status by the McHenry Landmark Commission; and WHEREAS, a public hearing was held on June 4, 2019, to consider the Riverside Chocolate Factory for designation of a Nominated Landmark in accordance with the City of McHenry Historic Preservation Ordinance; and WHEREAS, a public hearing notice for the public hearing on June 4, 2019, was duly posted; and WHEREAS, the Landmark Commission determined that the Riverside Chocolate Factory meets the criteria of the McHenry Historic Preservation Ordinance for designation as a landmark, evidenced by the report attached hereto as Exhibit B; and recommends that the City Council designate the Riverside Chocolate Factory as an historic landmark; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: The Riverside Chocolate Factory shall be and hereby is designated as a Historic Landmark. SECTION 2: A plaque carrying a brief description and account of the historical significance of the property shall be placed at the Riverside Chocolate Factory. SECTION 3: The City Clerk is hereby directed to cause a certified copy of this ordinance, together with said Exhibits A and B to be recorded in the office of the McHenry County Recorder of Deeds, McHenry County, Illinois. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenuy County, Illinois. SECTION 5: This ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Passed and approved this 17th day of June, 2019. Alderwoman Baehne Alderman Devine Alderman Glab Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Ayes Nays Absent Abstain Monte Johnson, Deputy Clerk EXHIBIT A The subject property is located at the northwest corner of Chapel Hill Road and Illinois Route 120, commonly known as Riverside Chocolate Factory, consists of .13 acres and is legally described as follows: A TRACT OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF SECTION 36, 512.60 FEET SOUTH OF THE NORTHEAST CORNER OF SAID INTERSECTION, AT INTERSECTION OF CENTER LINE OF HIGHWAY AND RUNNING THENCE NORTH 70 DEGREES, 08 MINUTES WEST, 267.20 FEET; THENCE NORTH 65 DEGREES, 54 MINUTES EAST, 275.30 FEET; THENCE SOUTH 2O3.21 FEET TO THE PLACE OF BEGINNING, All IN THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPTING THEREFROM ALL THAT PART OF THE LAND CONDEMBED FOR ROAD PURPOSES TO THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS FOR AN ON BEHALF OF THE PEOPLE OF THE STATE OF ILLIN01 IN CASE N0.9SED9-PARCEL 14K1036), IN MCHENRY COUNTY, ILLINOIS. City of McHenry Landmark Commission Meeting Agenda Tuesday, June 4, 2019 6:30 p.m. City Council Chambers Call to Order Roll Call Public Hearing Regarding the Designation of the Property Located at 2102 W. Illinois Route 120, McHenry, Illinois 60050 aka Riverside Chocolate Factory for Landmark Status • Open Public Hearing (identifying time) • Close Public Hearing (identifying time) Motion to recommend approval for Landmark Designation status the property located at 2102 W. Illinois Route 120, McHenry, Illinois 60050 aka Riverside Chocolate Factory to the McHenry City Council Public Comments Approve of Previous Meeting Minutes Financial Report Old Business 1. St. Marys Update 2. Town Club Update 3. National Register of Historic Places Update 4. City Budget Update New Business 1. Discussion Regarding Commission Goals for the Upcoming Year Adjournment The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest Quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. PUBLIC HEARING NOTICE Notice is hereby given that the City of McHenry Landmark Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 6*30 P.M. on June 4, 2019 to consider an application by Riverside Chocolate Factory, 2102 W Illinois Route 120, McHenry, IL 60051 ("Applicant") for the following request in accordance with the City of McHenry Historic Preservation Ordinance: Consideration of designation of a Nominated Landmark in accordance with the City of McHenry Historic Preservation Ordinance The subject property is located at the northwest corner of Chapel Hill Road and Illinois Route 120, commonly known as Riverside Chocolate Factory, consists of .13 acres and is legally described as follows: A TRACT OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF SECTION 36, 512.60 FEET SOUTH OF THE NORTHEAST CORNER OF SAID INTERSECTION, AT INTERSECTION OF CENTER LINE OF HIGHWAY AND RUNNING THENCE NORTH 70 DEGREES, 08 MINUTES WEST, 267.20 FEET; THENCE NORTH 65 DEGREES, 54 MINUTES EAST, 275.30 FEET; THENCE SOUTH 2O3.21 FEET TO THE PLACE OF BEGINNING, ALL IN THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPTING THEREFROM ALL THAT PART OF THE LAND CONDEMBED FOR ROAD PURPOSES TO THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS FOR AN ON BEHALF OF THE PEOPLE OF THE STATE OF ILLINOI IN CASE NO.95ED9-PARCEL 141<1036), IN MCHENRY COUNTY, ILLINOIS. The owner of the subject property is Sweet Hunter LLC, 2102 W Illinois Route 120, McHenry, IL 60051 ("Owner"). PIN (Property Identification Number) of subject property: 09-36- Inn -029 A copy of the application is on file and may be examined during regular business hours in the City Clerk's Office, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, and (815) 363-2100. All interested parties will be given an opportunity to be heard. Published McHenry, McHenry County, Illinois. by order of the Landmark Commission, City of City 01 McHenry Landmat k Designation Application rile Commission or any person may nominate a landmarks) for designation by the City Council, provided however, only the Mayor and City Council shall be permitted to nominate a landmark if the owner of a single proposed landmark objects to the nomi- nation. Criteria for Designation are included on attached Exhibit "A." Street Add ess of nominated Can 210a h IT s, % /1 Names) of Owners) of R ord of nominated landmark: Brief Description of Property Location --and and location of the nominated landmark: Yj Tite legal description and common street address(s) of the nominated landmark or (Attached Plat of Survey or Subdivision Plat): A statement indicating whether the owner of record of a single nominated land- mark consents to the landmark designation; all reasonable efforts shall be made to se- cure theVritten comsenx of the owner(s) before fQng the nogninaatio�: - tltc.'l"/r•jv-crxt�—� C � «'c���c rltc��[l c..L A written statement, with photographs, describing the property and setting forth the reasons in support of the nomination (seq criteria on attached Exhibit "A"): e ' TC-rVj4%)16- P ,�,Frcn,17 {urL/U? (/tSi�3C� f�ATv��s' i/Nr 1/0 To ihC C',T/ ofAAO�Nn T)Q.(%c.r� �ti7cQ<s /�►•n U11t.v� /o Owners) Signature: ���,�%, ��v""' -�" �V...l-c'�12� /17i •l�s.GL� AtJ )�l Dater/�/ 7 he City of l.lcNcnry is dedicated to providing U,e citizens, businesses and visitors of MclJcnry with the highest qun!!ty of progrnu,s and servJces in a urstorner-oriented, effJclent and fiscally rrsponsibhmanner. :rlha%lelanie ANY OMISSIONS OR CHAPoMbWESE PA PLANS MUST HAVE THE APPROVAL OF / 1 4 THE APPROVING OFFICIAL PRIOR TO }.tE S-ltuQ.D9, .fl913 INSTALLATION, APPROVAL OF THESE Jf U0WJ PLANS DOES NOT SUPERCEDE ANY l c c / APPLICABLE ORDINANCES OR REGULATION F THE- �WNSHLP ! �. Cln(OF MCI IEIFO ISO r►�dnJ ���'�`'� �' I ; • ' r 0z.v 49 Hc,urs Before You !.j9 It (rv/A WORKING DAYS GN'��c�1t�J�J / ►z�.,1-f- 1 00 9. edge ,. 400 oP`w)- n h h o �r - 01 n, Ike w aEmad CcaNc, M M 4111 ��'. Rl h9 � do• r?�' r 1. r. • . fwr+N �' Fa 1 f • `I 'ti qr t died Ed do ndo did 4% W. Zoe ON ago S-h gm TV in go ddd�&IoIdd Ed o ' 4ti 1/� _: .,•.r tA. tom, (�•�^ �nl�`��_ •�:,� tj yED � r _Ed •s on fis t, •' �,.146ss ONES DATE rmlt Is gt ntod and will) , )ress unclets1`00 n9 and agreement id Improvement Shell conform rYLOO L wish fho ordinances t�j�,046,6, 06616, so. A RIVERSIDE CHOCOLATE. FACTORY 2102 w. Elm Street :Henry,, M. 60051 Riverside Chocolate Factory is located in the building known as the Pine Tree rower. It was built by Olaf Edward Olsen around 1939� according to a family member. It was supposedly the tallest structure around at this time. In the 4o's and early 5o's, it was a favorite place for hamburgers and ice cream. In the late 50's, j-Iank Itlell's real estate ofFice was located in the Pine Free Tower. From 1978 to 1983, it was the Pine Tree Pet Shop Fhe Riverside Chocolate Factory started on the corner of Pearl St. fAnd Riverside Dr. in 1986. The moved the business in 1990 to the Pine Tree Tower. Robert and Diana Hunter are the owners. They made minor changes Fo the front of the building, but the integrity of the original design is Still there. It has been a welcome entrance to the city if jvlc j-jenry for all the years. 0 OLAP'; THI; SWIJDISH BUILDLR Tina Conawa From: Hippie Bob Hunter <Hippiebobhunter@aol.com> Sent: Saturday, July 14, 2018 12:11 PM To: Doug Martin; Tina Conaway Subject: Land Mark Status This letter was sent to me bj the granddaughter of Olaf Olsen the builder of "Pine Tree Tower" in McHemy. Can we add this to our application for Laudmark Status because it does give the history of this beautiful sh•uchu•e. As ahvays we remain grateful for,your efforts ill this process... i Rivcrsioo Chocolate >:aclory 102 Wcst Route 120 J 01o1-tann•, Illinois 600:50 Dedr I�riCnds: 2027 Squ1h1 mcrson'S1rm •Mesa, Arirona••852Iq Junc,1, 2005 tried sonic ��fyourcltocolatc a couple afduys agp HIM it'slthc.bcgt 1 hav%0 ever tasted, It we me ever in Illinois again,wc•will stop by a1>d h. uy shore; I Cail't Girder any diy Iliad fat this; (Inle.oryciii because it's usually in file 100,r• or•l 1.0s_ in file sulitlueor )fete._ Mayba for_Chrisimt►sl - — Cncloscd is"a CD fulfil a;fcw j�hUtb laplis of niy griiridfalhcr, t IV JPIU i wlia iuiilJyour'1?uilding, liis:nanlc was Olaf Olsen, and at lire timo'he lived with tiisffatnily ortFair'OAk )Jane; He was born it) Vannesla, Norway (near file soutliorn;seaport-MrisI" rismid)'in l•902: In 190q:he niid his'fninily conic to this country• Oil the steamer 1p S. liti!lle; which'was one�oftho;White Star ships., It was the ship's maiden voyage,.and file captain was the sante•Giaptaill Smitlr;who was later lost with the Mink. My, great�grandfniher, Jacob Olson; was 'nlso:n:carpChief %,-rin(l;tlle family lived in Chicago for swhile;.then moved to McHe►iry• n'oto 1930s. It is my undcrstandiltgihat your building was filiishcd jtist;beforo tile. war, around 1939, but'�'n hare you have much more information thiiii I do." My m_wtts1th other said that it o Wiest structPro in file area at the fiine, and you could sec it from all over as it was going up. It was CAlled tthto Tree Tower when 1 was a kid in the 1950s, and was used as an ice cream sliop; . Wo used;to:sto in there pncc in awhile. My fancily lived in Waukegan but We were in Mcl-ienry.pill n to visit lily j reat"grandparems and my uncle, who also lived on Fair Onk La110. thirst photo: my granoff, tthcr in about 191.S .Sacxurd: with my 134a11d111othcl', Ivclyn, Fled tlicir daughter, Mprgrirct (nly niather)'abnut 19aG 'Third: will) wife: Vvelyn, slaughter Mnrgarct, and two sons, Jinrand CHIT IrImurth: with wife. [;volyo, 1927 Ilillh: on their :50"' wedding; fill III vorsal,y It' it's not too ttluch Uvattblc, could you please sent) nic ones ul'thr)se sticksars that you use, the elite with zt drawing of lltu UuildinK c)n it7 1 would lave to have. a piulure of 1'inc'I'rec'ftitver. I CnClose it sClt""addremped statllped envelope. ifyou don't have one, that',; UIC. 'Thanks for re. -using F1 1wn11(1C1"fld l)Id bUll(1111g that IS it CS)Illntlllllty tl'CaSlll'4. Best ol'luck in the chocolate Uusiness. 1 will tell my Illinois tYicnds ab�ttt yowl Yours sincerely, Nancy 11111 a Fro►n: Hippie Bob Hunter <HippiebobhunterCcilaol.com> Sent: Tuesday, July 24, 2018 7:55 AM To: Tina Conaway Cc: Doug Martin St►bJect0 Fwd: photos of Olsens Hello Tina &Doug! Iu all effort to review the history of "Pine Tree To•►vel•" I was able to contact the gl•anddaughter of Olaf Olsen (the builder) and she sent nle this info1711atiolt: Hi again Bob, I don't Know if you need or want these, but attached are 3 photos of Iny Uncle Jim Olsen, including one with my grandfather (Olaf). Seems like Jim must have been around 13 years old when lie helped Grandpa on Pine Tree Tower. My mother attended McHenry High School. Jim's son, Keith Olsen and his wife Debbie, live in McHenry. Debbie says they go to Riverside Chocolate Factory quite often so I told her to say liello for me when she is there. I'm glad we got in touch, one way or another! Best of luck with the application for landmark status. Dave and I will be thinking about you! Nancy Hill ► fi _not 1 3 Yr I n r, 202I South Emerson Street Mesa, Arizona 85210 July 24, 2018 Landmark Commission City of McHenry 333 South Green Street McHenry, Illinois 00050-5494 Subject: Riverside Chocolate Factory Distinguished Commissioners: Just three clays ago I learned that the Riverside Chocolate Factory is being considered for landmark status. Ordinarily I would have sent this letter earlier. If public comment is allowed in this m�tter,l would like to offer a few ideas that may pertain to your decision. I am a landscape historian and urban geographer with an interest in historic preservation. 1 also have a family connection to McHenry. For decades, the building that was called Pine Tree Tower has been a familiar and welcoming sight for residents and visitors, It is a reference point in the mental maps that people acquire over time, and helps provide a "legible environment" that enriches our everyday experience and sense of security. Indeed, without such connections to a sense of time, it diminishes the human experience of a place. This building, and other such reference points, provide "layers of eaning" mas Ave connect them with our own lives. As you know, unusual buildings, especially old ones, ac(d interest to the landscape and lend a historical tlavor to the comnnuiity. A building such as this, whose design was most likely intended to advertise the business it housed, is one of the themed roadside structures that appeared in the mid -twentieth century. Constructed during the automobile age to attract � Ke�•in L�uch, l7re /nu{ce a/'fhe Cih(Cambriclgc. MA: M.LT.. 19G0), i, d8. 12G; Yi-ru Tuan, Topapl�ilia (Ne��• York: Columbia Uni�•crsit�. 197i), 99; Ke�in L}nch,,lJauaging II,e,Sen.�•e v/a li'egiwr (Cambridge, MA: M.LT., 1976). 28: Christopher Tilte.y.:1 Pkenornenol(WV a%/.and.+•cape: Places, Ardhs and A/onnnrews (Oxford, UK: Berg. 199d), 27. Hill letter, page 2 travelers, they are a reminder of the era when Americans in greater numbers began to explore and enjoy their cotmtry.2 Last, i have a persons) connection to this building. Any grandfather, Olaf EA. Olsen, and n)y uncle, James Olsen, constructed the original Pine Tree Tower. (If there were other carpenters working (here, I do not know of them.) The importance of this inforn)ation is that it acids he larger community. son)ething to the building's story, and thus to its historical value. It also adds to the history of OF t I am sure you will agree that the history we see all aroui)d is, in our built environment, is just as interesting and important as the histo�Y we find in books, objects, and documents. For that reason and many others, I hope you will also agree that this building —long a landmark in the minds of so many —deserves an official landmark designation. Thank you for your time. Yours sincerely, Nancy Hill, Ph.D. hiIIS5210 a coY.uet James J. Flink, %'/u.-IulunroGilc :1 �� (Cambridge. MA:1v9.1.T.. 1990), t79, 182;1ohn A. Jakle, %Yre �nrrr•i.cl: !r•rmel i/r 7irenricrh-('crrlrrr,�;\'cn•ih:lrnc�r•ica (Lincotu• NE: Uni�'ersit�of Nebroska. 19g5), 119. . 1bG; lotm AJakle, Landscapes Redesigned for the Automobile." in Michael P. Conzen, ed., 71re A/aki)AK gfIlre .4mer•ican Landxcape (London: HarperCollinsAcademice 1990). 3t)I: Jolur A. Jakle, hers! /'ood: Roarl.�ide/teciaruanLcln dte.9nlonroGile lee (Baltimore: Johns Hopkins, 1999). 18, lj r s _ g ��s � six • �. ,�. H, ,x-,� 44 OF Anyone Passing the corner of Chapel Hill Roar P ( gather; especially alter athistic Jantes, and enjoy and State Route ) 20 is sure to notice the unidue!}' hamburgers or ice cream. Today, under the name shaped building loaned on the northwest corner. of the Riverside Chocolate Factory, it is still futon n lu the late f 9 }Os, tl>is teas the site of the Pine for excellent chocolates and ice cream. (Then, Tree Tower a favorite Place for local teenagers to courtest of J{cllenry County Historical Societe) t i 1 i Cl[TTING HROUCH TotvN '' tV'ills ncivhborinJ cr, \IcHc•nrr 'is not, abl additional land to the , br redevcb,)>in-* the Pr TO: FROM: FOR: RE: ATT: Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815)363-2173 dmartin@ci.mchemy.il.us www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT Mayor and City Council Douglas Martin, Director of Economic Development June 17, 2019 Regular City Council Meeting Final Plat of Subdivision 15t Amendment to Heidner Properties Subdivision 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated May 15, 2019 3. Ordinance approving the Final Plat of Subdivision of 1st Amendment to Heidner Properties Subdivision 4. Final Plat of Subdivision Heidner Properties Subdivision 5. Final Plat of Subdivision 1st Amendment to Heidner Properties Subdivision AGENDA ITEM SUMMARY: Council is being asked to approve the Final Plat of Subdivision 1st Amendment to Heidner Properties Subdivision located at the northwest corner of Chapel Hill Road and Illinois Route 120. BACKGROUND: The applicant subdivided the property approximately three years ago into two lots and is currently seeking to resubdivide the property into three lots. The preliminary and final plats are being combined due to the relative simplicity of the request. In accordance with the Subdivision Control and Development Ordinance "The subdivider may submit a final plat simultaneously with the submission of a preliminary plat if the proposed subdivision meets all of the following requirements: A. The proposed subdivision contains three or fewer lots; and B. The proposed subdivision does not require or create any new public rights -of -way or easements for access; and Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchemy.il.us www.ci.mchemy.il.us C. The proposed subdivision requires no extensions of public utilities and no new public facilities; and D. The proposed subdivision does not include any territory that is located in a Special Flood Hazard Area, or contain any proposed lots that may be unbuildable because of the natureof the soils located thereon. The proposed plat must be considered by the Planning and Zoning Commission at a public meeting and the Planning and Zoning Commission recommendation is forwarded to the City Council. Staff has reviewed the plat and it's in substantial conformance with the requirements set forth in the subdivision control and development ordinance. ANALYSIS: Attached is the Final Plat of Subdivision for the subject property. The applicant is simply moving lot lines. Lot 2 remains the same and Lot 1 is being subdivided into two lots. Staff has reviewed the plat and believes the final plat is in substantial conformance with all city ordinances relating to a final plat of subdivision and would recommend the City Council approve the final plat. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended that the Preliminary and Final Plat of Subdivision 1st Amendment to Heidner Properties Subdivision, be approved, subject to the following conditions, as presented: 1. Compliance with all revisions and comments pertaining to site engineering by Staff and City engineer. 2. Plat must be recorded within six months of City Council approval by ordinance and; 3. A stormwater permit, along with a stormwater pollution prevention plan, shall be submitted and approved by the city engineer and staff prior to construction or any site work being completed. RECOMMENDATION: Therefore, if the City Council concurs with the Planning and Zoning Commission it is recommended that a motion be made to adopt the ordinance approving the Final of Subdivision 15t Amendment to Heidner Properties Subdivision. ` of i IF IF IF ALA t. 1 � ■ axe. W - _ ` ot . F d rr Am IF I cr - �RTIt it7 too, rl Y. 4 iI IF VA y,=� f ti t IIF to IV L IF IF'L - -' a v IV IV - A!i4 1 i IF I'.I t ; . i ILL1N 3 RWTE 120L For ql IF Ve IF Fee 11 FA A IF It 0 f. It2t Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us City of McHenry Planning and Zoning Commission Minutes May 15, 2019 File No. Z-949 Preliminary and Final Plat: lst Amendment to Heidner Properties Subdivision Chaiirnan Strach called the discussion to order at 8:20 p.m. regarding File No. Z-949 an application for a Preliminary and Final Plat of Subdivision 1st Amendment to Heidner Properties Subdivision submitted by Thornton LLC, 2600 James Thornton Way, Louisville, KY 40223. Director Martin provided the Commission with the Staff Report regarding this matter stating the applicant subdivided the property approximately three years ago into two lots and is currently seeking to re -subdivide the property into three lots. The preliminary and final plats are being combined due to the relative simplicity of the request and in accordance with the Subdivision Control and Development Ordinance. The Final Plat of Subdivision for the subject property was presented. Director Martin stated the applicant is simply moving lot lines; Lot 2 remains the same and Lot 1 is being subdivided into two lots. Staff has reviewed the plat and believes the final plat is in substantial conformance with all city ordinances relating to a final plat of subdivision and recommends the Planning and Zoning Commission approve the Final Plat of Subdivision 1St Amendment to Heidner Properties Subdivision with conditions as presented. Chairman Strach invited questions and/or comments from the Commission. Mr. Drew Zazofsky, 2600 James Thornton Way, Louisville, KY 40245, representing Thorntons, was sworn in by Commissioner Strach. Commissioner Strach asked for clarification on the request to split the property into three lots now. Mr. Zazofsky stated Heidner was going to own the entire property and now Thorntons is going to lease just a portion of the property. This action will define Thornton's leased premises. Heidner will own the strip center and the car wash that has already been submitted and Thorntons will lease the middle portion. The division is basically for tax purposes to create three separate titled lots. There were no questions by the Commissioners. Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Director Martin asked if Thorntons is ready to move forward with building the station. Mr. Zazofslcy stated yes, they are working on final engineering plans and the bid process has started. It will be tough, but they are trying to do their best to get the fueling station in this year. Commissioner Strach asked if state approval is needed for entrance and turn lanes. Mr. Zazofslcy stated they already have verbal approval. Commissioner Thacker asked if the entire property will possibly be completed by the end of the year or just the Thorntons. Mr. Zazofsky stated he is unsure about Heidner's plans but Thorntons is ready to complete their portion of the property. Commissioner Strach asked if the layout/design All be similar to the plans for the pump station previously presented before the Commission. Mr. Zazofsky stated yes. Commissioner Strach stated this is basically just be a change in the layout of the third lot. Motion by Walsh, seconded by Gurda, to recommend to City Council that the Preliminary and Final Plat of Subdivision 1 st Amendment to Heidner Properties Subdivision, be approved, subject to the following conditions, as presented: 4. Compliance with all revisions and comments pertaining to site engineering by Staff and City engineer. 5. Plat must be recorded within six months of City Council approval by ordinance and; 6. A stormwater permit, along with a stormwater pollution prevention plan, shall be submitted and approved by the city engineer and staff prior to construction or any site work being completed. Voting Aye: Gurda, Lehman, Strach, Sobotta, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: Doherty, Absent: None. Motion carried 6-0 Chairman Strach closed the discussion regarding File No. Z-949 at 8:25 p.m. Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us ORDINANCE NO 19- AN ORDINANCE GRANTING APPROVAL OF THE FINAL PLAT OF SUBDIVISION 1STAMENDMENT TO HEIDNER PROPERTIES SUBDIVISION 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, Thornton LLC, a Delaware Limited Liability Company, 2600 James Thornton Way, Louisville, KY, 40223 ("Owner") is requesting approval of The Final Plat of Subdivision 11c Amendment to Heidner Properties Subdivision; and WHEREAS, the Planning and Zoning Commission has reviewed the final plat at a public meeting held May 15, 2019 and provided a written record of this meeting and its recommendation to the City Council; and WHEREAS, the City Council finds that the approval of the final plat is in conformance with the Ordinances of the City. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That The Final Plat of Subdivision 15Y Amendment to Heidner Properties Subdivision prepared by Vanderstappen Land Surveying, Inc is hereby approved subject to the following conditions: • Compliance with all revisions and comments pertaining to site engineering by Staff and City engineer. • Plat must be recorded within six months of City Council approval by ordinance and; • A stormwater permit, along with a stormwater pollution prevention plan, shall be submitted and approved by the city engineer and staff prior to construction or any site work being completed. SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us SECTION 3: 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 4: This Ordinance shall be in full force and effect and after its passage, approval and publication in pamphlet form as provided by law. PASSED THIS DAY OF AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF CITY CLERK MAYOR 2019 2019 40 o ;= r d CF n/ O� j•Li _'� Q0=z'z vOxZ z 00) wo3 !—i OVRO x S- F' 1 =A a w O �Q in <CJ rx � 6bC� Cy3� r'y5 g E r z O � �w «ALL o a Q <3 zW 0 w °ul 4�0 -� N r-1 G F B E a v ;•, s cobnx �.noa) .-nc ms.n n m tiwrax. l., y .r.� „a/ m moe G l3dtM0 1 k I I� CS �bV / e. SS al� 1� aj Ap c �X, ! 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K 0s = sAt .16 ill[@g's 2 e g ys� d °Q :' $ $iE°�46 �'� z „ >s 984 S u tItF> o & a E a a a aadd g�,,' = ''s �IE egg AMAMIBill € £S ,8$S s .Aul s sib (OIPA# RMOH) Ob' u TIH 93dVH0 � Mew -- _ pIAND LZ Sol 4= .ateMoo s s I moo*. vy do is 04 see n I / _ pOgg / r=� "Su"'' �'° ,:•� / w E-ot $'r3 ( r / as c rr,4(r f1a 1 94 to W PN v r r lr r i 15 ( I y �' e s 3 s Z a° F'li i 1 =�� , sal '• S i �1¢ No low 3 ins �i� 8 ' � I ' `°•��'p I z aclIa l a i $i1rq�6 � F 16 tv p ) � � $• i � � � i � p ��� 1i�5; gg ' j?E tI i I V >� 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 CONSENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: June 17, 2019 Regular City Council Meeting RE: Request for Minor Variances at 1207 N Park Street ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated May 15, 2019 3. Ordinance approving minor variances for the property located at 1207 N Park Street 4. Application Packet AGENDA SUPPLEMENT SUMMARY: The applicant is seeking three minor variances: 1) Variance from Table 20 to allow an accessory structure greater than 1,000 square feet in floor area; 2) Variance from the required minimum rear yard building setback for an accessory structure; and, 3) Variance from the required minimum setback from existing principal and accessory structures. BACKGROUND: The applicant is seeking three variances to expand an existing detached garage to 1,150 square feet in order to park a work truck inside the garage. The variances include: a garage exceeding 1,000 square feet, a rear yard building setback variance and a variance between the principal structure and the accessory structure. ANALYSIS: As previously stated the garage cannot exceed 1,000 square -feet and the applicant is proposing an addition which would bring the total square footage to 1,150 square feet. The applicant needs the additional square footage for his work truck. The addition will be flush with the existing garage and not have any adverse impact on the neighborhood. The addition must be consistent in style in color as the home due to its size. Further the truck will no longer be parked outdoors. Staff supports the additional square footage. 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 The applicant also needs two additional variances, a rear yard setback variance and a variance from the distance from the existing home. Both of these variances are required regardless of what the applicant does, and are not of any result of any action taken by the applicant. The rear yard setback is nonconforming currently at 3.5 feet and is required to be 12.5 feet and the setback from the home is nonconforming currently at 18 feet and is required to be 20 feet. By proposing an addition the applicant must address these nonconformities as well. Staff has no problem with these variances. The applicant is not making these nonconformities any more nonconforming. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval (7-0) to allow an accessory structure greater than 1,000 square feet (1,150 square feet) in floor area; a Variance from the required minimum rear yard building setback for an accessory structure from 12.5 feet to 3.5 feet; and a Variance from the required minimum setback from existing principal and accessory structures, from 20 feet to 18 feet. RECOMMENDATION: Therefore, if the City Council concurs with the Planning and Zoning Commission, it is recommended that a motion be made to approve the attached ordinance authorizing approval of an application of the aforementioned variances. 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: 1207 N Park Street 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 City of McHenry Planning and Zoning Commission Minutes May 15, 2019 Public Hearing: Gary E. Tonyan File No. Z-948 1207 N Park Street Variance from Table 20 to allow an accessory structure greater than 1,000 square feet in floor area; Variance from the required minimum rear yard building setback for an accessory structure, and a Variance from the required minimum setback from existing principal and accessory structures Chairman Strach called the Public Hearing to order at 8:09 p.m. regarding File No. Z-948 an application for a Variance from Table 20 to allow an accessory structure greater than 1,000 square feet in floor area; Variance from the required minimum rear yard building setback for an accessory structure; and a Variance from the required minimum setback from existing principal and accessory structures and any other variances required for a garage addition for the property located at 1207 N Park Street. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on April 27, 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 Gary Tonyan, 1207 Parl< Street, McHenry and Chucl< Tonyan, 1621 Park St., McHenry, who were sworn in by Chairman Strach. Gary Tonyan stated he is requesting variances because he put an addition on his garage to pull his truck inside that needs variances. Director of Economic Development gave the Staff report stating the applicant is seeking three variances to expand an existing detached garage to 1,150 square feet in order to park a work truck inside the garage. The variances include: a garage exceeding 1,000 square feet, a rear yard building setback variance and a variance between the principal structure and the accessory structure. 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 Director Martin stated the addition will bring the total square footage to 1,150 square feet and will be flush with the existing garage and not have any adverse impact on the neighborhood. The addition must be consistent in style in color as the home due to its size. Further the truck will no longer be parked outdoors. Staff supports the additional square footage. The applicant also needs two additional variances, a rear yard setback variance and a variance from the distance from the existing home. Both of these variances are required regardless of Oat the applicant does and are not of any result of any action taken by the applicant. The rear setback variance is nonconforming currently at 3.5 feet and is required to be 12.5 feet and the setback from the home is nonconforming currently at 18 feet and is required to be 20 feet. By proposing an addition the applicant must address these nonconformities as well. Staff has no problem with these variances. The applicant is not making these nonconformities any more nonconforming. Director of Economic Development Martin stated Staff recommends approval of a Variance from Table 20 to allow an accessory structure greater than 1,000 square feet (1,150 square feet) in floor area; a Variance from the required minimum rear yard building setback for an accessory structure from 12.5 feet to 3.5 feet; and a Variance from the required minimum setback from existing principal and accessory structures, from 20 feet to 18 feet; and Staff finds all requirements in Table 32 of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Walsh asked what the tolerance is by the City for variances on this type of request. Director Martin stated approval has been given for variances over 1000 square feet for accessory structures previously. The second two variances are existing and nothing can be done about them but they need to be addressed because of the garage addition. The commission has been lenient as long as the requests make sense and do not have an adverse impact on the neighborhood. Discussion ensued about this request actually improving the neighborhood aesthetics. 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 8:15 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 Motion by Doherty seconded by Lehman to recommend to the City Council with regard to File No. Z-948 an application for a Variance from Table 20 to allow an accessory structure greater than 1,000 square feet (1,150 square feet) in floor area; a Variance from the required minimum rear yard building setback for an accessory structure from 12.5 feet to 3.5 feet; and a Variance from the required minimum setback from existing principal and accessory structures, from 20 feet to 18 feet; and Staff finds that the criteria in Table 32 of the zoning ordinance have been met. Voting Aye: Doherty, Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0 Chairman Strach closed the Public Hearing regarding File No. Z-948 at 8:20 pm. DUN RGRi OI TAG ]I RNCA✓ ORDINANCE NO. 19- 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 AN ORDINANCE GRANTING MULTIPLE VARIANCES FOR THE PROPERTY LOCATED AT 1207 N PARK STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed by Gary Tonyan, 1207 N Parl< Street, McHenry, IL 60050 for a variance to allow to an accessory structure greater than 1,000 square feet in floor area; a variance from the minimum required rear yard building setback for an accessory structure and a variance from the required minimum setback from the existing principal and accessory structures, for the property legally described on "Exhibit A", attached hereto and incorporated herein; the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on May 15, 2019 in the manner prescribed by ordinance and statute; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the requested variances is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Variance from Article X. Accessory Uses, Yards, & Fences Table 20: Standards for Accessory Structures from 1,000 square feet to 1,150 square feet -to allow a 1,150 square foot accessory structure; Variance from Article X. Accessory Uses, Yards, & Fences Table 20: Standards for Accessory Structures from the minimum rear yard building setback from 12.5 feet to 3.5 feet; and a Variance from Article X. Accessory Uses, Yards, & Fences Table 20: Standards for Accessory Structures from a minimum setback from principal and other accessory buildings of 20 feet to 18 feet. 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 2: In granting said Variance, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 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 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2019 AYES: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS ATTEST: DAY OF , 2019 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 Tolk AND SONS INCe GENERAL ♦ Y 4/23/2019 Mr. Doug Martin Planning and Zoning Commission City of Mclenry RE: Zoning Narrative Gary E. Tonyan Residence 1207 N. Park Street 1400 South Route 31 McHenry, IL 60050 Phone 815-385-4466 Fax 815-385-8439 w vi MmTonyan.com Gary �. Tonyan would like to add onto his existing residential, detached garage to allow for his company work truck to fit inside the Garage. The existing garage and 7' high garage door are currently too low. The truck is just under 8' high. A 12' addition to the south with an 8' high overhead door would allow his truck to be kept inside. The East and West wall lines will remain on the same plane as the existing walls, which currently do not meet the Zoning Ordinance. Gary is seeking Three Minor 7_oning Variances as Follows to allow for the addition to his existing Garage. 1. We request a total Square Foot with Addition for the Garage to be a total of 1,150 Sq. Ft. The existing is 728 Sq. Ft and the addition would add 368 sq. ft. 2. The Rear Yard distance from the lot line to the existing garage isaddition will be kept on the same line as the existing, thus requesting a variance for the rear yard setback. 3. The distance between the existing l-touse /Residence and the existing garage will be kept the same at approximately 18' with the same Cast wall line running to the South. All materials and colors used will match the existing Residence and Garage. We have attached a sketch of the south elevation which is facing Venice Ave, and a survey with Proposed Addition. We look forwards to meeting with you and Planning and Zoning to discuss the matter in further detail. Ily Submi Donald C. Tory�an, President Wm. Tonvari/& Sons Injc. File Number PUBLIC HI✓ARIhiG APPLICATIOT�I Planning and Zoning CU111n11g310n City of McHenry 333 South Green SU•eet « McHenr}+, ]L 60050 « T'el: (815) 363-2170 «Pax: (815) 363-2173 1. Name of Applicant Gary )C. Tonyau Tel 1-815-482-0759 Address 1207 N. Park St. Fax City: McHenry State IL. Zip 60050 2. Name of Property Owner Tel (If other than Applicant) Address Fax City State Zip 3. Name of Engineer NA Tel (If represented) Address Fax City State Zip 4. Name of Attorney NA Tel (If represented) Address Fax 5. Common Address or Location of Property 1207 N. Parlt Street 6. Requested Actions) (check all that apply) •_ Zoning Map Amendment (Rezoning) Conditional Use Pei-2nit Zoning Variance ther O �olllllg VAI'lallee — MIll02' '� Zoning Text Amendment Use Variance FORMA Page 1 of 4 "Definition of Minor Variance; A variance granted to the fee owner, contract purchaser or option holder of a single-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. rORM A Page 2 of 4 7. Current Use of Property Personal Residence 8. Current Zoning Classification of Property, Lncluding Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: SOUtIn: East: West: 10. Required Attacluuents (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attaclnunents. 1. Application Fee (amount) � 425A0 2. Narrative Description of Request 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application 6, FORM D — Zoning Variance Application 7. FORM E — Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORMA Page 3 of 4 l I . Disclosure of Interest T'he party signing the application shall be considered the Applicant. The Applicant must be the owner or twstee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. A�plicarrt is Not Owner If the Applicant is not the owner of record of the subject property, the application sliall 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 (lie Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Pariners)riu 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. At�licant or Owner is a land Trust If (lie Applicant or owner is a laud trust or• other tnrst or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary sliall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zorrirrg ConrrrriSSlorr, 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. Siurrature of Applicant s) Print Name and Designation of Applicants) Gary E. Tonyan Home owner /Resident FORMA Page 4 of 4 FORMAJD File Number ZONING VARILIA %CE Planning and �.onini; Commission City of McIlenry 333 South Green Street Mciletuy, IL 60050 el: (815) 363-2170 Fax: (815) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in reconvnendiug approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written endings that all of the conditions listed below apply to the requested action. Please resuond to each of these conditions as it relates to yout�t•eguest 1. Special Circumstances Not Fouiul Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. Coruer lot with existing garage located close to rear lot line and sinQie family resideuce I;xistiug Garage 782 Sg. Ft. Addition 36II Sg. I+t. new total Garage = I,I50 Sp Ff. 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity (lie present or prospective owner or tenant carries on or seeks to carry on therein, or to the )ersonal, business or financial circumstances of such owner or tenant or any other party with interest in the property. The Height of the Existing garage is 8' with a 7' high overhead door, which is too low for wm•k truck Rear yard distance is 3.5' Addition would be on same line Distance between the House and Existing is 18' +- with additlou ou the same line FORM D Page 1 of 3 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any oiler pally Willi interest in the property. The addifiou Will Ue ou the same line as the existing 1'he existing Garage is to low for the Comnauy work h ucic to fit The addition will allow for au eight foot high door 4. Unnccessai•�� Hardsl� The strict application of tile provisions of the Zoning Ordinance Would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. TLe zoning ordivauce Ureveuts an addition to the Garage because of the size, distance from rear vard Ind distance to residence. 5. Preserves Rights Conferred by District A variance is necessary for tie applicant to preserve and enjoy a substantial properly right possessed by otter properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. The size of the garage and distances from rear• vard Gild residence are similar to otl�er nronerties iu the zoning district. 6. Necessary for Use of Proneily Tle granting of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, bill because Without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. Raise the height of the garage aucl overlieacl door to allow for truck access for overnight narldug Worlc truck is currently narked outside nights and weekends FORM D Page 2 of 3 7. Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impah• environmental quality, property values, or public safety or welfare in the vicinity. 8. Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. 9. Minimwn Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. FORM D Page 3 of 3 L IF IF FIFO - -- - ,- -- _. _ _._. .. s 1 l It 4IF IF _ c� i i �allowl&wlIF FF—bI l,,llIF IF Ff — .1` i Ifle _.. I_ . __.._ a " -F- IF IF IF FIFO T_IF - POOr` -IF -- - - _ - '' 1IF If AT - IF IF lt (, 4 ` I �jIF- 41Fly kk IF IF ,_ �— _— a =fit Ill, - IF 11-- -- --- -- Ff- ___... '1 z} ---�—__._. --- _._._.. �__--I 0 F a� 6V F-� �z<z U O >w z p '=z z Q ono z0 00 o pw� Z W F <m N 7 QK� z r <— F o= qzg 0 k zi'3 ¢N az iWL1a..�W W� V' Q } kog 0 XOdceo o<�oz d ZC� 6�aw0 zsot. cx Le) t. _ O z aIt Ul a �Qa�� cc Ncx V oziNw OU ix m o 60< p o d 03 � o�000 N � z � z �eF gg� z� e Y 0 i g Y a12<p� Own Uazm�� }' o S �gpz�y�N�z ZLa 3 12 toy P anh WOE �� ~O w o w * zo a 4z ci e( SON zi h Q 02 �r aoo y Z S .tz.�y2 p2V' U 2�Z�4 a S�« W13L h4 lie Oil _ mox® ®t's�*nopioogpw Hc�wr or •Hc rox wivew Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Ross Polerecl<y, Community Development Director FOR: June 17, 2019 Regular City Council Meeting RE: Sign Variances for Starbucks, 4305 West Elm ATT: Sign application, proposed sign package Agenda Item Summary: The Community Development Department received a sign variance request for Starbucks Coffee located at 4305 West Elm Street. Staff has reviewed the request and feels the sign package proposal falls within the McHenry Municipal code sign variance guidelines. Background: Staff has been working with Starbucks and its agents to redevelop the former Twisted Burger location. Analysis: The attached proposal requires two variances, the first variance is to allow a projecting sign in a C-5 zoning district, the current sign ordinance only allows a projecting sign in a C-4 downtown district. In the attached sign package the projecting sign is labeled as a "blade" sign but this type of sign falls within the city's definition of a projecting. The second variance requested is for an additional 37 sq/ft of wall sign. The current proposal has two wall signs, a channel letter type sign and a wall mural, the combined square footage of these signs is 97 with only 60 allowed per ordinance. Per the municipal code a sign variance must abide by the following four items: 1) will not be materially detrimental to the public welfare or injurious to other property in the vicinity; 2) will not impair an adequate supply of light and air to adjacent property, increase the danger of fire, endanger public safety, or substantially impair property values in the neighborhood; Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 3) shall not give the property owner or business an unfair advantage over a similar business; and 4) will not cause a hazard to the public's safety by being distracting because of size, location, or being located within rights -of -way. Staff believes the variance requests abide by all of the criteria above and recommends approval. Recommendation: If the City Council concurs it is recommended that a sign variance be granted to Starbucks Coffee, 4305 West Elm Street to allow a projecting sign in a C-5 zoning district and 37 sq/ft of additional wall sign for a total wall sign area not to exceed 97 sq/ft. Ryan Schwalenberg City of McHenry, IL May 17th, 2019 RE: Starbucks #51983 — West Elm & Oak I am submitting this letter in regard to the above Starbucks location in need of a variance. The below paragraphs will describe the requested variances for this site. Starbucks request that the 36" blade sign be allowed. The projection of the sign is away from the drive thin fagade, adjacent with the building. This projection does not interfere or impede pedestrian or vehicle traffic, and it is used as a source of branding for the east elevation. Starbucks requests that all signage in scope, approximately 97 square feet (including the projecting blade sign, which is in a variance on its own), is permitted. Starbucks has a particular branding desired for this location, reflecting unique faux neon channel letters on a raceway, a drive thru cabinet below that helps guide traffic to the drive thru entrance, and a painted mural on the right end of the north elevation, whipping around to the west elevation. Starbucks, while typically using a standard acrylic logo as part of a sign package, wants to use art in their signage design at certain locations. The logo mural both advertises their brand, as well as help create a unique design experience. Please reach out to me at any time with any questions/comments/concerns. W rrr► regard 1! N V1 S 'D r °° G 0 g o 0 � u, m � w � O w m � N oo m Z n N < A N r N m N to C) n N O CD O V s 33 �eC � ='O °W' y cvi O D m 0 C W toz C Z W ;Cu) 2 m Cl m -c o c Z g �z -�I m y cu O� A r r 0 9 n i� CD AV f _ i I ` //� � RP L•11 G� ``' • 4,� • u�,o.a .. 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H 9 O m 9 y CI O S d '� & 000& '0N 0 V07 as°K � r S a �.o o°.8 WE spa E 7 >�'4:9 a od, Poor [do�ps6 c�o�9�p'�.0g'a5 gn r<3P'� o� P �P gig 0 ass g�a � ���pS• 3�4 � ° �� � �4s Grcpp 0 3 G) ' is E g �'b • ,N, A H c 3 ••' o qy rgp� � No Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Ross Polerecky, Community Development Director FOR: June 17, 2019 Regular City Council Meeting RE: Letter of Credit Reduction for the Townhomes of Prairie Lakes ATT: Email from HR Green Agenda Item Summary: Staff is requesting an approval from City Council for a reduction in the original Letter of Credit for the Prairie Lakes Townhome development. Staff and reviewing engineer HR Green have reviewed the file and there are no outstanding issues within the development. Background: Prairie Lakes of McHenry, LLC entered into an annexation agreement with the City of McHenry in 2005. This development is nearing its completion with the majority of the public improvements completed. Renewal of the Letter of Credit is due in July, 2019 and the developer (Cunat, Inc) is asking for a reduction in the LOC. Staff and the reviewing engineer HR Green have reviewed the file and are comfortable with reducing the amount from the original $1,321,237.00 to $4221795.80. It is anticipated the developer will be asking for acceptance of the public improvements within this development later this year. If the City Council concurs it is recommended that the original letter of credit amount of $1,321,237 be reduced to $422,795.80 for the Townhomes of Prairie Lakes (Prairie Lakes of McHenry, LLC). Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Ross, After completing a review of the outstanding items, the amounts of remaining items fall below the minimum reduction of 20% of the original EOPC costs prior to the 25% contingency. Therefore, we are recommending a reduction of the Construction Guarantee for this development to $422,795.80. Please review and let me know if you have any questions or need any additional information. Chad J. Pieper, PE Project Manager —Governmental Services Direct 815.759.8346 � Cell 815.482.8706 HR Green® Building Communities. Improving Lives. The contents of this transmission and any attachments are confidential and intended for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is prohibited. From: Ross Polerecky <rpolerecky@ci.mchenrV.il.us> Sent: Wednesday, May 8, 2019 11:58 AM To: Pieper, Chad <cpieper@hrgreen.com> Subject: Prairie Lakes This email came from outside the HR Green organization. Please use caution when clicking on hyperlinks and opening attachments Chad, John Cunat would like to move forward with a reduction in his LOC for the Prairie Lakes Subdivision, let's move forward with an EOPC for the remaining improvements so I can give him a number. Ross Polerecky Director of Community Development City of McHenry 815-363-2182 Bill Hobson, Director of Parks and Recreation McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us AGENDA SUPPLEMENT DATE: June 17, 2019 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: 2019 McHenry Rotary Club Blues, Brews & BBQ's Festival ATT: Letter of Request Event Schedule Special Event Liquor License Application Agenda Item Summary: The McHenry Rotary Club is requesting the temporary use of Petersen Park from Thursday, August 15 through Monday, August 19, for the 2019 annual Blues, Brews and BBQ's event. The actual event will take place on Friday, August 16, through Sunday, August 18 - use of Petersen Park on the Thursday preceding and Monday after is requested to facilitate event setup and cleanup. Background: For the past several years, the McHenry Rotary club has hosted the festival that includes food vendors, live bands, a raffle and a home brew beer contest at the western portion of the park along with a special event liquor license to serve beer, wine, and malt beverages. The Rotary Club's goal is to host a family friendly event. The event hours have not varied much from not years; proposed hours are Friday 4:30 PM to 11:00 PM; Saturday 3:00 PM to 11:00 PM; and Sunday 12:00 PM to 6:00 PM. Each day will include food, live music, and beer service. A $10 donation will be requested at the gate and children 12 and under accompanied by an adult and Armed Forces personnel in uniform will be admitted free. The home brew beer competition will replace the BBQ cook -off. This event will not be for public consumption and will be much less intense than the large scale BBQ cook -off. Analysis: The city will have police presence at the event to ensure public safety. The cost to provide police services is estimated at $7,500 in addition to the $500 park rental fee to cover the cost for the city to prepare the park for the event and incidentals such as general patrol of the washroom facilities by a parks employee. 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, e�cienJ, and fiscally responsible manner. Rotary is requesting approval of a fee reduction of 50% for all reimbursable costs similar to what was approved for Fiesta Days. Volunteers from the Rotary Club will operate all other aspects of the event including trash pickup, parking, stage, and sound. Rotary has hued a local security firm to provide wrist banding for alcohol service and local business volunteers will serve the alcohol. Alcohol ticket sales will cease 30-minutes prior to festival closing times. The Rotary Club will place 18" x 24" election style signage advertising the event in municipal right-of4ays at locations authorized in the Municipal Code. The signs would be installed one week prior to the event and removed by August 20. RECOMMENDATION: If City Council concurs then it is recommended that a motion be made to grant the McHenry Rotary Club 1) use of Petersen park to setup, host, and cleanup for the Blues, Brew & BBQ's festival from Thursday, August 15, through Monday, August 19, 2) special event liquor license for the sale of beer, wine, and malt liquor with drink ticket sales to cease 30-minutes prior to park closure, 3) a 50% reduction of the charges for city services incurred as a result of this event, 4) permission to post temporary advertising signs in municipal right -of --ways. RpT��y I . • rvice Above Self 5/28/19 To: City of McHenry RE: Event Schedule and Information. WWW.MRBBB.com Eight Annual McHenry Rotary -BLUES, BREWS and BBQ'S Dates: Friday Aug. 16th thru Sunday Aug.l8th, 2019 Location: PETERSEN PARK, 4300 Petersen Park rd. McHenry, IL 60050 McHenry Noon Rotary's Premier fund raising event. A three day Festival with Music, Beer and Wine, Food, Home Brew Contest, and a Rotary Club Raffle. Week Of Event Schedule: Tuesday Schedule utility locate, preliminary layout, meet on site with park staff. Wednesday Rotary detailed park layout, mark/ flag for vendors. Thursday Set up tents 8 am. Vendor arrival/pm set up, electrical hook-ups Schedule Friday afternoon electrical /tent inspection by Community Development. Lay cable / gray water trays. Over Night Security starts. Friday Set up tables/banners, Rotary Lunch, 4pm Health Dept. &City inspection. Gates open 4:30 Food / Beer 5:00 to 10:45 (Beer ticket sales stop 10:30) Bands 5:30 to 11:00 pm Grounds close-11:OOpm Saturday Food /Beer 3:00 to 10:45 (Beer ticket sales stop 10:30) Bands 4:00 to 11:00 pm Grounds close-11:OOpm Sunday Food /Beer Noon to 5:00 pm (Beer ticket sales stop 4:45) Bands 12:OOpm to S:OOpm ***Grounds close-6:OOpm Rotary Teardown tables / banners Monday Aug. 21st Park clean-up / remove tents, toilets, garbage and equipment. Misc. Information Set up tent at Farmers Market for the three weeks before to Pre -sell tickets at Concert in the Park. Gate $10 (donation for charity) 12 - under free, uniformed Service men and women free. Tents by Rotary Entry gate 20x20, main dinning tent 60x100, beer area 40x40, wrist band/ticket sales 20'x20', food vendor canopies 20'x20'. Stage tent set under canopy with I F legs. Judging Tent 30'x40' North end of Park, Stage Area 10'x10' tent. Food / Beverage served all 3 days, up to 6 BBQ / food vendors, and other food trucks. Bands will be local and regional. Clean up and overnight security supplied by Rotary, Thursday night thru Sunday night. Parking traffic layout and control by volunteers, motorcycle parking area on paved lot 2 temporary generator parking lot lights. Additional Portable Bathroom's, wash sinks and gray water / grease disposal. Garbage 2 — 20 cy dumpsters with disposal. Stage Sound and Lighting. Overnight Private Security Thursday Night thru Sunday Night by Rotary. 9 Beers on tap / Wine/ Malt Beverages — supplied by Chas. Herdrich & Son. Wrist bands supplied thru Chas. Herdrich, different color each night, I. D. and banding by Rotary. Beer served by volunteer/ sponsor, business groups, supervised by Rotary. Rotary to supply insurance, obtain City and State Liquor License, and sell beer tickets. 2 drink at a time walk away limit. Pint refillable Glasses with event logo to be sold. Signage Around Town: two weeks before, 15 signs 18"x24", advertising event, park directions. 3 signs approx. 4'x8' temp signs placed on private property Advertising: Newspaper, Radio, Community Signs, Web Site, Social Media, Bill Boards, Flyers and Rotary Club -runner. Pre -sell Sponsor / Cooperate packages of entry tickets. Insurance: Rain out insurance, General and Dram Shop Insurance by Rotary Damage to Park facilities / major turf repair by Rotary. Health Department permits by Vendors and Rotary. Rescue squad /first aid -McHenry Township Fire. Proceeds- All proceeds go to McHenry Rotary Charitable Foundation and Scholarships. City of McHenry Requirements Park Staff to set picnic Tables and Garbage Cans Move Aluminum Bleachers by Sand Volley Ball Court. Additional Police provided during event. Parks Fee $500, provide one park staff person during event hours. Utilities, water (cold only), electricity from existing panels. Stage Cover, boom truck for stage banners on Thursday afternoon. Picnic Tables / Benches, wood spools, umbrellas, Garbage cans with 50 gal. trash bags. Motorcycle parking lot on paved area. Light Temporary Toilets. Galvanized Barricades around stage, at beer tent and 4 at Judging Tent Traffic Barricades for Parking / Driveway. Any questions, please contact either Rotarian, Don Tonyan cell 1-815-482-0746 Denis Buch cell 1-815-341-0012 SPECIAL EVENT LIQUOR LICENSE APPLICATION CITY OF MCHENRY (A special event liquor license may also be required by the State Liquor Control Commission) www.state.il.usAce FEE $100.00 APPLICATION DATE 6/6/2019 COMPANY OR ORGANIZATION: Rotary Club of McHenry Charitable Foundation ADDRESS: P.O. BOX 28 PHONE NUMBER: 815482-$$05 TYPE OF BUSINESS OR ORGANIZATION: Service Organization McHenry EMAIL: donnaaschaefer@comcast.net 2. LICENSE APPLICANT: Donna Schaefer DATE OF BIRTH: ADDRESS; 5915 W. Martin Rd CITY: McHenry TELEPHONE NO.: $ Park (non-residential premises only) �t. OWNER OF LOCATION WHERE SPECIAL EVENT HELD: OWNERSADDRESS: 333 S Green St CITYA McHenry TELEPHONE NUMBER: 5. DATE(S) OF EVENT: Aug 16 ` 18 HOURS: see attached (not more than 3 days) 6. TYPE OF ALCOHOL TO BE SERVED: X BEER X WINE LIQUOR 7. NO UNDER -AGED OR INTOXICATED PERSON(S) SHALL BE SERVED ANY ALCOHOLIC BEVERAGES, 8. DRAM SHOP INSURANCE TO THE MAXIMUM LIMIT MUST BE OBTAINED AND A CERTIFICATE OF INSURANCE NAMING THE CITY OF MCHENRY AS ADDITIONALLY INSURED SHALL BE ATTACHED TO THIS APPLICATION. fi�� �5 AFFIDAVIT 11 \ aptG" W i S1 hereby states that the City of McHenry shall not be held liable for any occurrence, loss, damage, or injury as a result of this event. Person or persons to whom this license has been issued shall hold the City of McHenry harmless In connection with any and all claims arising as a result of the consumption of alcoholic liquoror as a result of the issuance of this license. The undersigned certifies that they will not violate any of the laws of the City of McHenry, of the State of Illinois, or of the United States of America, in the conduct of this Special Event Liquor License and that the statements contained in this application are true and correct to the best of his/her knowledge and belief. The undersigned is aware that state liquor licensing approval is required for this license. SUBSCRIBED and SWORN to before me this DATE ISSUED EFFECTIVE DATES) 2019 Signatur�'of Applicant a"OFFICIAL SEAL" 20 19 Deborah A. Glick Notary Public, State of Illinois My Commission Expires o3/27/2021 LICENSE NO. City Council Meeting Minutes June 3, 2019 Page 1 City Council Meeting June 3, 2019 Call to Order The City Council of the City of McHenry, Illinois, met in regular session on Monday, June 3, 2019, at 7:00 p.m. in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL. Roll Call Deputy ClerkJohnson called the roll. Roll call: Members present: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderwoman Baehne, Alderman Mihevc, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Interim Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, 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 21-28 as Bicycle Week in the City of McHenry. Public Comment Mayor Jett asked if there were any comments from the public in attendance. Jeff Varda of the landmark Commission thanked several people, companies, and organizations for their help and support with Petersen Farm. Historic Petersen Farm is being nominated for the National Register of Historic Places. He also invited members of the Council to tour the property and invited them to Petersen Farm Day on June 23rd 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 7:00 a.m. and 5:00 p.m.; 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. City Council Meeting Minutes June 3, 2019 Page 2 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-F 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 a Conditional Use Permit to allow the outside storage of vehicles in conjunction with a towing operation at 4564 Bull Valley Road. Director Martin explained one condition of the permit is that the property should be clear of all debris including all inoperable vehicles. Vehicles should be kept in the enclosed area and maintained in the area south of the building. Alderman Santi asked if there were any staff concerns regarding the future if a road were to be built off the ridgeway into Dartmoor. Possible retail expansion may be an issue in the future. Neither Director Martin nor the rest of the staff had any concerns. A motion was made by Alderwoman Baehne and seconded by Alderwoman Miller to approve a Conditional Use Permit to allow the outside storage of vehicles in conjunction with a towing operation at 4564 Bull Valley Road. 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. Motion to approve the issuance of a Class A Liquor License to Whiskey Straight LLC, located at Sun Main Street, McHenry, Illinois. Prospective partners Dan Hart and Kevin Slimko were present and discussed their proposed venture with the Council. Alderman Santi questioned Mr. Hart and Mr. Slimko on their current business operations. Once concern is that giving a liquor license to this type of business opens up the possibility for all other businesses to get liquor and video gaming licenses. Alderman Glab expressed his reservations about giving liquor licenses to service type businesses. Alderman Schaefer explained his family history with the property and was happy to see a viable business go to that location, but wanted to be careful giving a liquor and video gaming license to a non- traditional establishment. City Attorney McArdle explained that there are two separate issues that he does not want the Council to get mixed up. One issue is a liquor license. Receiving a liquor license is a privilege and not a right. The Council has the power to issue or refuse liquor licenses to specific businesses. Or. Hart noted that if the Council wanted to stop video gaming parlors in the future, they can simply refuse to issue a liquor license to those specific businesses as they apply. Alderwoman Baehne expressed her excitement for this new venture. She stated that this is perfect timing and there is a need to revitalize that area with high end space and bring in high City Council Meeting Minutes June 3, 2019 Page 3 no clients. She also reiterated that this is an application for a real Class A liquor license, not a proposed personal services liquor license. She stated that it is the Council's responsibility to support these businesses. The fact that this is a non-traditional concept means that McHenry can get people from other towns to visit here. Aldermen Mihevc stated that he likes what is proposed with the site and the business concept, but had concerns about issuing a liquor license. Alderman Devine expressed some reservations but wished to support the project. Alderwoman Miller stated that she fully supports the project and feels this will be a success to the community. Mayor Jett explained that this is a unique business opportunity, and having Dan Hart involved is a positive for the community. He has a vision to help revitalize Main Street, which is a forgotten downtown. He believes that if somebody is willing to invest $100,000 to $300,000 of their hard earned money, he strongly urges the Council to support them. He believes if this were proposed in other towns, those Mayors would be ready tomorrow to get them into their town. Mayor Jett asked if there was any public comment on the issue. Mary Mahady came to the podium and expressed her concern that more businesses were wanting video gaming machines. She understands the need to fill vacant store fronts and the revenue that can be brought in, but is worried that this can open the door for more businesses wanting gaming machines. Val Ziebel came to the podium and explained she was the owner of Valerie's Salon, and had applied for a liquor license without video gaming. She supports the business idea that is being presented and thinks it is a fantastic idea. She stated that this type of "out of the box" thinking is what gets customers into her business. She believes the Council needs to support their entrepreneurs before other communities do and McHenry loses out. Mayor Jett asked if there was a motion to approve the issuance of the license. A motion was made by Alderwoman Baehne and seconded by Alderwoman Miller to approve the issuance of a Class A Liquor License to Whiskey Straight LLC, located at 3932 Main Street, McHenry, Illinois. Aldermen Glab and Schaefer further stressed their hesitation with video gaming. Alderwoman Baehne argued that the purpose of the business was not a video gaming establishment, but that video gaming does bring in a half a million dollars each year that the City needs to operate. Mr. Hart stated that without the liquor or video gaming license that DC Cobbs and the other new restaurants in town would not have opened. DC Cobbs would not have remodeled, supported events as a sponsor, and would not have given entrepreneurs in the City the opportunity to remodel the theater. Mayor Jett asked the Clerk to call the roll. Roll Call: Vote: 3-ayes: Alderwoman Baehne, Alderwoman Miller, Alderman Devine. 4-nays: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Mihevc. 0-abstained. Motion fails. 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. City Council Meeting Minutes June 3, 2019 Page 4 Attorney McArdle explained that when the property along Veterans parkway and Route 31 has two letters of credit issued. One was for approximately $400,000 for securing the bike path, sidewalk, and future traffic signal, and the other was for approximately $500,000 for the onsite improvements. Developer Prairie Point LLC and Thelan would now like to be released from those letters of credit in exchange for allowing the City to dispose of dredge material at a discounted rate. The going rate for dumping dredge material is reportedly over $100 per truckload, and Thelan agrees to let the City dispose of material at a cost of $10 per truckload for the first 500 trucks and $20 per truckload thereafter, not to exceed 20,000 cubic yards. Attorney McArdle also explained that the letters of credit are due to expire in 2023, and if warrants required improvements before building permits were to be needed, then the same two letters of credit would be issued in the same amounts. After a brief discussion, it was decided that the cost savings for the dredging far outweigh any risk involved for the City. Director Hobson also noted that the dredging project is way ahead of schedule, and in it could realistically be done in less than two months. Initial projections called for the project be completed in October. A motion was made by Alderman Mihevc and seconded by Alderman Santi 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. Roll call: Vote: 7-ayes: Alderman Mihevc, Alderman Santi, Alderman Glab, Alderwoman Miller, Alderman Devine, Alderwoman Baehne, Alderman Schaefer. 0-nays, 0-abstained. Motion carried. 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. Director Polerecky gave a brief introduction to the savings opportunity, and it was noted that the completion of the audit comes at 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, then the City is obligated to pay Leopardo $50,000 for reimbursement of services. If the program is implemented Leopardo will serve as the City's general contractor for the implementation of identified improvements through a Guaranteed Performance Contract. Rob Vollrath of Leopardo introduced the team of consultants and they walked through the presentation that matched the handouts given to the Council. They explained about their company and how the process would work. Major infrastructure needs included roof replacements at City Hall and Merkel Aquatic Center, window replacements at Public Works, failing HVAC equipment at multiple facilities, and conversion to LED lighting systems. Another point of emphasis was the City's feet of vehicles and how half of them are over 10 years old. City Council Meeting Minutes June 3, 2019 Page 5 Alderman Santi asked now we can guarantee the savings and who reviews the numbers. It was explained that the company will measure and verify bills, and those expenses are reported to the City and also to the State. Director Polerecky stated that there is State legislation that regulates these types of programs. Alderman Schaefer asked about vehicle funds and if interest rates would change. Finance Director Lynch explained that vehicles for specific departments are paid for out of those department funds. Mr. Vollrath stated that the interest rates are locked in. Alderman Mihevc asked who exactly the construction contacts would be with. It was explained that the City would have a contract with Leopardo, and they would be the general contractors. Other contractors may or may not be used, but those contracts would be with Leopardo. They also stated that they would have to comply with the same bidding rules and prevailing wage rates that the City must follow. Leopardo also mentioned that they like to work with local contractors if possible when subcontractors are needed. Alderman Mihevc also asked if there was an opportunity to see an example of a contract before the letter of intent was signed. Leopeardo stated that they must adhere to specific terminology, and that they are willing to share the legal terms and conditions. Alderman Santi expressed his concern that we would be a handing off part of the budget to let them take care of and operate it. He was concerned that the City may not be actively involved enough in the process, and wants to make sure the City can be involved to make adjustments from time to time. Mr. Vollrath explained that this involvement can be set up different ways, but the City can be very much involved if they would like to be. Committees of employees or Council members can be formed to work with Leopardo. A motion was made by Alderman Schaefer and seconded by Alderwoman Miller 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 the cost savings for reinvestment to address the City's capital improvement and equipment needs. Roll Call: Vote: 7-ayes: Alderman Schaefer, Alderwoman Miller, Alderman Devine, Alderman Mihevc, Alderwoman Baehne, Alderman Glab, Alderman Santi. 0-nays, 0-abstained. Motion carried. Discussion Only Items Attorney McArdle reported that there was a conditional use permit issued to the school district at the last meeting, but it was issued subject to four conditions. One of the conditions was for a presentation by staff regarding the northwest drainage agreement. Attorney McArdle read through an intergovernmental agreement from 2016 describing the easements and the drainage ditch. It was stated that lots 1-28 were encumbered by a 10 foot easement on the plat side but not the district side. Lots 29-39 were encumbered by a 5 foot wide utility easement on both sides. Mr. McArdle noted that the district would have the right but not an obligation to enter those easement areas to fix drainage issues. City Council Meeting Minutes June 3, 2019 Page 6 Alderman Glab stressed that one problem with the drainage ditch is that the descriptions don't match the entire actual ditch. Things were different 25-30 years ago when plans and developments were made, and nobody may have checked to make sure ditches and easements matched. He would like to have an agreement between all of the property owners, the school, and the City to make sure everybody knows who has what responsibility for the drainage ditch. Alderman Schaefer suggested amending the agreement to include all areas along with homeowners, the school, and the City. Attorney McArdle stated that it would not be possible to get all of the homeowners on the same page for a joint agreement. Alderwoman Miller said that educating the homeowners should be an important component that needs to be employed. Some owners aren't the original owners and may not even know such an agreement exists. The Council debated the rights and responsibilities of different parties, and it was suggested that staff bring back more information to the Council. Director Polerecky said he walked the entire ditch and that there is some vegetative growth on certain areas, but the ditch itself is pretty clean from end to end. Interim Public Works Director Strange explained that there are some street drains that discharge directly into the ditch, but they are not dedicated to the City for maintenance. The maintenance of outfalls is an issue in many areas of the City and the neighborhood in question is not nearly as bad as it is in other areas. It was stated by both Director Polerecky and Director Strange that the water is flowing where it is supposed to, and that no major issues have occurred due to the drainage ditch. If the City uses its resources to try and remedy that situation, it will be forced to make cuts in other areas. Mayor Jett sated that he did not want to spend any more time or money on this issue when other things needed to be done. He is fine with staff doing more research, but they need direction from the majority of the Council. District 156 Superintendent Ryan McTague is willing to have meetings and to reconstruct portions of the project if needed. Director Polerecky has built a good relationship with the people running the school project and promises to work with them. He will also take pictures of the entire ditch and give a full report back to the Council. Staff Reports Director of Parks and Recreation Hobson reported that the soap box derby is taking place this weekend. Interim Director of Public Worl<s Strange reported that the road program was released today. Police Chief Birk will have information at the next Council meeting regarding research on alcohol, video gaming, personal care establishments, and language regarding video gaming parlors. Mayor and City Council Comments Mayor Jett reported that four people were interviewed for the office of City Clerk. One has been chosen and a recommendation will be brought before the Council at the next meeting. He also expressed his concern with the Council's decision not to support a business venture. Both he and City Council Meeting Minutes June 3, 2019 Page 7 the staff work hard every day to bring businesses to McHenry, and we turned one away that can go next door. He gave a warning that he plans a social media post on his thoughts about how things happened with this issue at tonight's meeting. Alderman Schaefer stated that it is noticeable when businesses park in the downtown area taking up spots. He asked if there was anything that could be done to keep owners and employees from using those spaces. Chief Birk said there is nothing that can legally be done but that they have had those conversations with business owners. Alderman Santi asked that now that committees have been finalized, if Interim Public Works Director Strange could contact new members and have a brief introductory meeting with list of topics to be discussed in the next 9-12 months. With the talks of drainage ditch issues, Alderman Devine wished to remind people of the flooding issues occurring in his ward. Much of the ward is flooded with water through driveways. Interim Director Strange reports asking for additional modeling and hopes to present something later this summer. Mayor Jett asked if anybody else in attendance had any requests to speak before Council adjourned to closed session. One resident asked to speak on a personal issue about his parents moving into a contracted house with Cunat. There are closing issues with the home loan and a need for a variance. Director Polerecky will work with the individual to see if there is anything the City can do to help the issue. Executive Session A motion was made by Alderman Santi and seconded by Alderwoman Baehne to adjourn to executive session at 10:00 p.me to discuss pending litigation (5 ILCS 120/2(c)(11), and to review executive session minutes (S ILCS 120/2(c)(21).). Roll Call: Vote: 7-ayes: Alderman Santi, Alderwoman Baehne, Alderman Glab, Alderman Schaefer, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Mayor Jett reconvened the meeting from executive session at 10:19 p.m. A motion was made by Alderwoman Baehne and seconded by Alderman Santi to return to open session. Roll Call: Vote: 7-ayes: Alderwoman Baehne, Alderman Santi, Alderwoman Miller, Alderman Devine, Alderman Mihevc, Alderman Schaefer, Alderman Glab. 0-nays, 0-abstained. Motion carried. A motion was made by Alderman Mihevc and seconded by Alderwoman Miller to pass a Resolution approving Executive Session meeting minutes as presented with the amendment to the minutes of March 18, 2019, to authorize the release of Executive Session minutes as presented, and to authorize 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 City Council Meeting Minutes June 3, 2019 Page 8 approved. Roll Call. Vote: 7-ayes: Alderman Mihevc, Alderwoman Miller, Alderman Devine, Alderwoman Baehne, Alderman Schaefer, Alderman Glab, Alderman Santi. 0-nays, 0-abstained. Motion carried. Adjournment There being no further public business to discuss, a motion was made by Alderman Schaefer and seconded by Alderwoman Baehne to adjourn the meeting at 10:20 p.m. Roll call: Vote: T ayes: Alderman Schaefer, Alderwoman Baehne, Alderman Santi, Alderman Glab, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Mayor Wayne Jett Deputy Clerk Monte Johnson Vendor Name McHenry, IL Payable Number Vendor: BAKER &SON CO, PETER BAKER & SON CO, PETER 24760 Vendor: BANWART, NATE BANWART, NATE INV0008201 Vendor: BAXTER &WOODMAN BAXTER & WOODMAN 0206201 BAXTER & WOODMAN 0206201 BAXTER & WOODMAN 206201 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 60521 CABAY & COMPANY INC 60550 Vendor: CANNABLISS CBD SHOP CANNABLISS CBD SHOP YL-19-035 Vendor: CAPITAL GAINS INCORPORATED CAPITAL GAINS 2500 Vendor: CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 225944 CENTEGRA OCCUPATIONAL 226194 Vendor: CHICAGOLAND PAVING CONTRACTORS, INC CHICAGOLANDPAVING 5/30/19 CHICAGOLAND PAVING INV0008203 Vendor: COMED COMED COMED COMED COMED COMED COMED COMED � �pm41se A pD[p) v wao Register List of Bills Council Meeting &1749 Post Date Descrlptlon (Item) Account Number Amount 06/17/2019 BINDER/SURF 100-33-6110 702,32 Vendor BAKER & SON CO, PETER Total: 702.32 06/17/2019 UNIFORM REIMB 100-33-4510 100.85 Vendor BANWART, NATE Total: 100.85 06/17/2019 W AND W W CAP DEV FEE 510-31-5110 877.50 06/17/2019 W AND W W CAP DEV FEE 510-32-5110 877.50 06/17/2019 WATER AND WASTEWATER 100-03-5110 1,755.00 Vendor BAXTER & WOODMAN Total: 3,510.00 04/30/2019 SHOP SUPPLIES 100-45-6110 42.18 04/30/2019 SHOP SUPPLIES 100-45-6110 132,00 Vendor CABAY & COMPANY INCTotal: 174.18 06/17/2019 TOBACCO LICENSE 100-01-5110 25.00 Vendor CANNABLISS CBD SHOP Total: 25.00 06/17/2019 MGMTSVSS/1/19-7/31/19 760-00-5110 Vendor CAPITAL GAINS INCORPORATED Total: 06/17/2019 PW & REC EMPL 100-OS-5110 06/17/2019 K LORENZ, O MORALES 610-00-6940 Vendor CENTEGRA OCCUPATIONAL HEALTH Total: 06/17/2019 REC CTR P LOT EXP 400-00-8200 06/17/2019 REC CTR P LOT EXP 510-31-8500 Vendor CHICAGOLAND PAVING CONTRACTORS, INC Total: INV0008204 06/17/2019 UTIL INV0008204 06/17/2019 UTIL INV0008204 06/17/2019 UTIL INV0008205 06/17/2019 UTIL INV0008205 06/17/2019 UTIL INV0008205 06/17/2019 UTIL INV0008205 06/17/2019 UTIL Vendor: CONDUENT HR CONSULTING LLC CONDUENTHRCONSULTING 2421307 06/17/2019 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY INV0008206 06/17/2019 CONSTELLATION NEWENERGY I1vV0008206 06/17/2019 CONSTELLATION NEWENERGY INV0008206 06/17/2019 CONSTELLATION NEWENERGY INV0008206 06/17/2019 Vendor: DEBOLT,JUSTIN DEBOLT,JUSTIN INV0008207 06/17/2019 100-01-5110 100-33-5520 100 45-5510 510 31-5510 510-31-5510 510-32-5510 510-32-5510 Vendor COMED Total: APRIL 2019 SVS FEES 600-00-6960 Vendor CONDUENT HR CONSULTING LLC Total: UTIL 100-33-5520 UTIL 100-42-5510 UTIL 100-45-5510 UTIL 100-46-5510 Vendor CONSTELLATION NEWENERGY INC Total: PENSION DR REIMB 760-00-5110 Vendor DEBOLT, JUSTIN Total: 5,176.00 5,176.00 375.00 260.00 635.00 16,458.68 1,755.67 18,214.35 52.68 366.43 68,13 2,441.87 1,742.58 2,415.96 2,309.96 9,397.61 74.25 74.25 24,813,57 511.24 442.90 44.98 25,812.69 111.00 111.00 6/12/2019 12:17:09 P�1 Expense Approval Register Vendor Name Payable Number Post Date Vendor: DIRECT ENERGY BUSINESS DIRECT ENERGY BUSINESS INV0008208 06/17/2019 DIRECT ENERGY BUSINESS INV0008208 06/17/2019 Packet: APPKTO1520 - 6/17/19 AP CKS Description (Item) Account Number Amount UTIL 510-31-5510 UTIL 510-32-5510 Vendor DIRECT ENERGY BUSINESS Total: Vendor: DIXON ENGINEERING INC DIXON ENGINEERING INC 19-5307 06/17/2019 RET PERS MOBIL 740-00-5220 Vendor DIXON ENGINEERING INC Total: Vendor: ED'S AUTOMOTIVE/11M'S MUFFLER SHOP ED'S AUTOMOTIVE/JIM'S 2186 5/31/19 STMT 06/17/2019 MTHLY 100-33-5370 ED'S AUTO MOTIVE/JIM'S 2186 5/31/19 STMT 06/17/2019 MTHLY 100-45-5370 ED'SAUTOMOTIVE/JIM'S INV0008228 06/17/2019 MTHLY 510-32-5370 Vendor ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP Total: Vendor: EXAMWORKS INC EXAMWORKS INC 280-1697733 06/17/2019 S KLECHAK 760-00-5110 EXAMWORKS INC 280-1702903 06/17/2019 S KLECHAK 760-00-5110 EXAMWORKS INC 280-1710873 06/17/2019 KLECHAK REV 12/10/18 760-00-5110 Vendor EXAMWORKS INC Total: Vendor: FERREIRA, JOE OR BARBARA COOK FERREIRA FERREIRA, JOE OR BARBARA 18-09-104 06/17/2019 PERMIT REFUND 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Vendor GALLS LLC Total: Vendor: GLICK IV, HENRY W GLICK IV, HENRY W INV0008214 06/17/2019 5/27/19 -6/7/19 SOFTBALL 100-47-5110 Vendor GLICK IV, HENRY W Total: Vendor: HALL, CHRISTY HALL, CHRISTY 239486 06/17/2019 PGM CXL 100-41-3636 Vendor HALL, CHRISTY Total: Vendor: HLR HLR 20190984 06/17/2019 PHASE I BV BIKE PATH PROJ 440-00-8900 Vendor HLR Total: Vendor: HUMBRACHT, AMY HUMBRACHT,AMY 239906 06/17/2019 PGM CXL 100-41-3637 Vendor HUMBRACHT, AMYTotal: Vendor: KINNEY, BRETT KINNEY, BRETT INV0008209 06/17/2019 MEAL REIMB 100-22-5420 Vendor KINNEY, BRETTTotal: Vendor: LANG AUTO GROUP, GARY LANG AUTO GROUP, GARY INV0008210 06/17/2019 19/20 SALES TAX INC PYMT 100-04-6945 5,081.46 13,506.26 18,587.72 1,050.00 1,050.00 120.00 60.00 30.00 210.00 3,224.00 5,425.00 4,450.00 13,099.00 1,053.00 112.00 610.00 3,193.00 178.00 3,992.00 9,138.00 1,437.20 1,437.20 78.89 74.79 108.18 43.10 85.26 40.58 79.54 510.34 150.00 150.00 146.40 146.40 2,073.75 2,073.75 165.00 165.00 100 ,000.00 100,000.00 6/12/2D19 12:17:09 PM Expense Approval Register Packet: APPKT01520 - 6/17/19 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: LANTVIT, MATTIE LANTVIT, MATTIE 768157 RE 04/30/2019 RE ISSUE CK 768157 400-40-3650 39.00 Vendor LANTVIT, MATTIE Total: 39.00 Vendor: LEXISNEXIS LEXISNEXIS 1236684-20190531 06/17/2019 PHONE SEARCHES 100-22-5110 129.00 Vendor LEXISNEXIS Total: 129.00 Vendor: MARTAM CONSTRUCTION INC MARTAM CONSTRUCTION INC 12992 06/17/2019 FOX RIDGE PARK CONC 280-41-8800 40,000489 MARTAM CONSTRUCTION INC 12992A 04/30/2019 FOX RIDGE PARK CONC 280-41-8800 50,910400 Vendor MARTAM CONSTRUCTION INC Total: 90,910.89 Vendor: MCCORKLE LITIGATION SERVICES INC MCCORKLE LITIGATION 621128 06/17/2019 KLECHAK DIS HEARING 760-00-5110 741.50 Vendor MCCORKLE LITIGATION SERVICES INCTotal• 741.50 Vendor: MCHENRYAREA CHAMBER OF COMMERCE MCHENRY AREA CHAMBER OF 65462 06/17/2019 GOLF OUTING DINNER ONLY 100-02-6940 30.00 Vendor MCHENRY AREA CHAMBER OF COMMERCE 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33-5370 1,977.63 NAPA AUTO PARTS MPEC 1370 5/31/19 06/17/2019 PARTS 100-45-5370 11833.04 NAPA AUTO PARTS MPEC INV0008213 06/17/2019 PARTS 510-31-5370 190.93 NAPA AUTO PARTS MPEC INV0008213 06/17/2019 PARTS 510-32-5370 719.83 NAPA AUTO PARTS MPEC INV0008213 06/17/2019 PARTS 510-35-5370 5.12 Vendor NAPA AUTO PARTS MPEC Total: 5,975.58 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 17425652 06/17/2019 ELECSUPP 100-45-6110 82.28 6/12J2019 12:17:09 PM Expense Approval Register Packet: APPKTO1520 - 6/17/19 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount NORTHWEST ELECTRICAL 1742S763 06/17/2019 ELECSUPP 100-45-6110 50,48 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 132,76 Vendor: OLIVER, GREG OLIVER, GREG INV0008229 06/17/2019 UNIFORM REIMB 510-314510 64,48 Vendor OLIVER, GREG Total: 64,48 Vendor: OTTOSEN BRITZ KELLY COOPER & GILBERT LTD OTTOSEN BRITZ KELLY COOPER 116919 06/17/2019 LABOR 100-01-5230 90,00 Vendor OTTOSEN BRITZ KELLY COOPER & GILBERT LTD Total: 90.00 Vendor: PALMER, MIKE PALMER, MIKE INV0008230 06/17/2019 UNIFORM REIMB 510-31-4510 13255 Vendor PALMER, MIKE Total: 132.55 Vendor: SCHMITT, MATTHEW SCHMITT, MATTHEW INV0008216 06/17/2019 MEALREIMB 100-22-5420 1306 Vendor SCHMITT, MATTHEW Total: 13.06 Vendor: SEMROW JR, HARRY H SEMROW JR, HARRY H INV0008215 06/17/2019 MAY 2019 ADJ JUDGE 100-03-5110 48,72 SEMROWJR, HARRY H INV0008215 06/17/2019 MAY 2019 ADJ JUDGE 100-22-5110 438,53 Vendor SEMROW JR, HARRY H Total: 487.25 Vendor: STANARD & ASSOCIATES INC STANARD & ASSOCIATES INC SA41087 06/17/2019 C UCHO, T SCHOENY 100-21-5110 790,00 Vendor STANARD & ASSOCIATES INC Total: 790,00 Vendor: SUNSET LOGISTICS LLC SUNSET LOGISTICS LLC 59910 06/17/2019 BOONE CREEK DREDGING 100-01-8900 18,340,00 SUNSET LOGISTICS LLC 60115 06/17/2019 BOONE CREEK DREDGING 100-01-8900 111550,00 SUNSET LOGISTICS LLC 60338 06/17/2019 BOONE CREEK DREDGING 100-01-8900 51530,00 Vendor SUNSET LOGISTICS LLC Total: 35,420.00 Vendor: TYLER TECHNOLOGIES TYLER TECHNOLOGIES 025-261666 06/17/2019 METER READING INTERFACE 510-31-5110 125,00 Vendor TYLER TECHNOLOGIES Total: 125.00 Vendor: WILDEY, ANDREW W[LDEY, ANDREW 517744 06/17/2019 RE ISSUE CK 517744 510-2200 9,06 Vendor WILDEY, ANDREW Total: 9.06 Vendor: WILLIAMS, DEANNA WILLIAMS, DEANNA INV0008217 06/17/2019 ASCA COACH CLINIC 100-47-5430 5120 Vendor WILLIAMS, DEANNA Total: 5120 Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILL CO 4129 06/17/2019 SLUDGE 510-32-5580 7192936 Vendor WINNEBAGO LANDFILL CO Total: 7,92936 Vendor: WORKPLACE SOLUTIONS WORKPLACE SOLUTIONS INV17239 06/17/2019 EAP SVS JUNE 2019 100-01-5110 450A2 Vendor WORKPLACE SOLUTIONS Total: 450642 Vendor: WYKES, JENNIFER WYKES, JENNIFER 517384 06/17/2019 CK 517384 RE 510-2200 27.31 Vendor WYKES, JENNIFER Total: 27.31 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 137247 06/17/2019 CORPORATE LGL 100-01-5230 10,588.75 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 10,588975 Grand Total: 542,631.02 6/12/2019 12;17:09 PM Expense Approval Register Packet: APPKT01520 - 6/17/19 AP CKS Fund Summary Fund Expense Amount 100- GENERAL FUND 194,660*89 260-ANNEXATION FUND 99,850600 280- DEVELOPER DONATION FUND 98,273*89 400- RECREATION CENTER FUND 16,497,68 440- CAPITAL IMPROVEMENTS FUND 71,72335 510 - WATER/SEWER FUND 41,039.06 600 - EMPLOYEE INSURANCE FUND 74.25 610- RISK MANAGEMENT FUND 260000 740 - RETAINED PERSONNEL ESCROW 1,124.00 760 - POLICE PENSION FUND 19,127.50 Grand Total: 542,631.02 Vendor Name McHenry, IL Payable Number Vendor: 5 STAR SPORTS ACADEMY INC 5 STAR SPORTS ACADEMY INC 3 Vendor: ACE TOWING &RECOVERY ACE TOWING & RECOVERY INV0008218 ACE TOWING & RECOVERY INV0008219 Vendor: ADVANCED COMMUNICATIONS INC ADVANCED 15833 Vendor: AIRGAS SAFETY INC AIRGAS SAFETY INC 9089241736 AIRGAS SAFETY INC 9089260899 AIRGAS SAFETY INC 9089260900 Vendor: ARAMARK ARAMARK 21622133 Vendor: BERKHEIMER CO INC, G W BERKHEIMER CO INC, G W 455859 BERKHEIMER CO INC, G W 455860 Vendor: BIG R STORE BIG R STORE 11502 5/31/19 BIG R STORE INV0008220 BIG R STORE INV0008221 Vendor: BIG SKY COMMUNICATIONS, INC BIG SKY COMMUNICATIONS, 78215 Vendor:BSN SPORTSINC BSN SPORTS INC 301089287 Vendor: BUSS FORD SALES BU55 FORD SALES 5034361 BUSS FORD SALES 5034363 Vendor: CABAY &COMPANY INC CABAY &COMPANY INC 61099 CABAY & COMPANY INC 61105 CABAY & COMPANY INC 61118 Vendor: CARRIER CORPORATION CARRIER CORPORATION B002684699 Vendor: COLORADO TIME SYSTEMS INC COLORADOTIMESYSTEMSINC 182054 Post Date 06/17/2019 06/17/2019 04/30/2019 06/17/2019 06/17/2019 06/17/2019 06/17/2019 06/17/2019 Expense Approval Register #2 List of Bills Council Meeting 64749 Description (Item) Account Number Spring Nerf Class 100-47-5110 Vendor 5 STAR SPORTS ACADEMY INC Total: TOWED 306 100-22-5110 per 100-33-5370 Vendor ACE TOWING & RECOVERY Total: Sound Issues at the Rec Center 400-00-5110 Vendor ADVANCED COMMUNICATIONS INC Total: Safety Equipment Safety Equipment Safety Equipment Palmer- Clothing 510-32-5375 510-32-5375 510-32-5375 Vendor AIRGAS SAFETY INC Total: 510-31-4510 Vendor ARAMARK Total: 06/17/2019 Air Filters -Sludge Building 530-32-5375 06/17/2019 Air Filters -Sludge Building 510-32-5375 Vendor BERKHEIMER CO INC, G W Total: 06/17/2019 Misc Supplies 510-32-6110 06/17/2019 Landscape Supplies 100-45-6110 06/17/2019 Shop Supplies 100-45-6110 Vendor BIG R STORE Total: 06/17/2019 HEADSET PARTS 100-23-6110 Vendor BIG SKY COMMUNICATIONS, INCTotal: 06/17/2019 Tennis Balls & MesuringTapes 300-47-6130 Vendor BSN SPORTS INC Total: 06/17/2019 wheel322 Inn -22-COW) 06/17/2019 socket322 100-22-5370 Vendor BUSS FORD SALES Total: 06/17/2019 Bathroom Supplies 100-45-6130 06/17/2019 building supplies 100-33-6115 06/17/2019 Towels, Toilet Paper 510-31-6110 Vendor CABAY & COMPANY INC Total: 06/17/2019 Carrier Building Automation 400-00-5110 Vendor CARRIER CORPORATION Total: 06/17/2019 Wireless Timing System & 100-47-6110 Vendor COLORADOTIME SYSTEMS INCTotal: Amount 258.00 zss.00 40.00 175.00 215.00 485.00 485.00 74.90 311.80 41.43 428.13 81.95 63.04 31.52 94.56 72.25 53.91 285.92 412.08 67.50 67.50 691.81 691.81 282.90 295.38 180.00 712.16 175,50 1,067.66 975.00 975.00 6,825.00 6,825.00 6/12/2019 12:27:08 PM Expense Approval Register Vendor Name Vendor: COMCAST CABLE COMCAST CABLE Vendor: CONSERV FS CONSERV FS Payable Number 6201920039 65076913 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 16462 Vendor: CUTTING EDGE COMMUNICATIONS INC CUTTING EDGE 5441 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS 1122508 Vendor: ESRI ESRI 304522 Vendor: FOXCROFT MEADOWS INC FOXCROFT MEADOWS INC 55126 Vendor: G & E GREENHOUSES INC G & E GREENHOUSES INC 174522 G & E GREENHOUSES INC 174575 Vendor: GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC GALLS LLC 12673705 12709749 12709751 12709767 12739774 12764637 12764638 12777328 12777794 12777835 12792991 12796702 12797033 12799284 128001187 12810500 12820173 12862102 12777320 Vendor: GOLD MEDALPRODUCTS GOLD MEDAL PRODUCTS 355402 Vendor: HALOGEN SUPPLY COMPANY HALOGEN SUPPLY COMPANY 535633 Vendor: HAVIS HAVIS INV134165 Post Date 06/17/2019 06/17/2019 06/17/2019 06/17/2019 06/17/2019 06/17/2019 06/17/2019 Description (Item) City Hall Internet SportsField Supplies Packet: APPKT01521- 6=17=19 RE CT INV Account Number Amount 620-00-5110 Vendor COMCAST CABLE Total 100-45-6110 Vendor CONSERV FS Total: NSOsurface. vendorticket# 100-33-6110 Vendor CURRAN CONTRACTING COM PANY Total: PROX CARDS 100-22-6210 Vendor CUTTING EDGE COMMUNICATIONS INC Total: B&G Boiler Pump Flanges 510-32-6110 Vendor DREISILKER ELECTRIC MOTORS INC Total2 Yearly maintenance of 510-31-5110 Vendor ESRI Total Landscaping Materials 100-33-6110 Vendor FOXCROFT MEADOWS INC Total: 06/17/2019 Landscape Supplies 100-45-6110 06/17/2019 FLOWERS 100-03-6110 Vendor G & E GREENHOUSES INC Total: 06/17/2019 UNIFORM ORDER- POPP 100-22-4510 06/17/2019 UNIFORM ORDER- PENA 100-22-4510 06/17/2019 UNIFORM ORDER- POPP 100-22-4510 06/17/2019 UNIFORM ORDER- POLIDORI 100-224510 06/17/2019 UNIFORM ORDER- P. PRATHER 100-22-4510 06/17/2019 UNIFORM ORDER -ALLEN 100-23-4510 O6/17/2019 UNIFORM ORDER - BARROWS 100-23-4510 06/17/2019 UNIFORM ORDER- HARRIS 100-22-4510 06/17/2019 NEW HIRE EQUIPMENT 100-22-6110 06/17/2019 NEW HIRE EQUIPMENT 100-22-6110 06/17/2019 MONITOR GENERATOR 100-23-6110 06/17/2019 UNIFORM ORDER- HAVENS 100-23-4510 06/17/2019 UNIFORM ORDER -FOLEY 100-22-4510 06/17/2019 NEW HIRE EQUIPMENT 100-22-6110 06/17/2019 UNIFORM ORDER- BARROWS 100-23-4510 06/17/2019 UNIFORM ORDER -ALLEN 100-23-4510 06/17/2019 UNIFORM ORDER -CRUZ 100-22-4510 06/17/2019 NAM ETAG - SGT AALTO 100-22-6110 06/24/2019 UNIFORM ORDER- KLASEK 100-22-4510 Vendor GALLS LLC Total: 06/17/2019 Conc-Food 100-44-6110 Vendor GOLD MEDAL PRODUCTS Total: 06/17/2019 Pads for the Filters 100-42-6110 Vendor HALOGEN SUPPLY COMPANYTotal: 06/17/2019 DOCKING STATION 100-22-6110 Vendor HAVIS Total: 46.85 384.OD 384.00 67.64 67.64 131.25 131.25 15.62 15.62 500.00 500.00 626.00 626.00 1,652.70 417.50 2,070.20 99.00 89.99 52.40 65.80 175.90 89.11 106.30 115.99 875.80 138.60 69.00 155.40 102,89 343.87 17.55 34.39 67.03 70.36 46.80 2,716.18 343.40 343.40 1,980.00 1,980.00 49.00 49.00 6/12/2019 12;27:08 PM Expense Approval Register Packet: APPKT01521- 6.17.19 RECi INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: HAWKINS INC HAWKINS INC 4498812 06/17/2019 Polymer for Actiflo 510-32-6110 11804.20 HAWKINS INC 4506203 06/17/2019 Ferric Delivery 510-32-6110 41695.60 HAWKINS INC 4506205 06/17/2019 Chemicals 510-32-6110 61499.80 Vendor HAWKINS INC Total: 12,999.60 Vendor: HYDRAULIC SERVICES AND REPAIRS INC HYDRAULIC SERVICES AND 341015 06/17/2019 ram repair403 100-33-5370 11695,64 Vendor HYDRAULIC SERVICES AND REPAIRS INCTotal: 11695.64 Vendor: IRWA IRWA 25663 06/17/2019 Membership -Adams 510-32-5410 50.00 IRWA 25748 06/17/2019 Membership - Mace 510-31-5410 50.00 IRWA 25772 06/17/2019 Membership - Palmer 510-31-5410 50.00 IRWA 25787 06/17/2019 Membership - Ruzicka 510-32-5410 50.00 IRWA 25788 06/17/2019 membership - Scheel 510-31-5410 50.00 IRWA 25831 06/17/2019 Membership -Wirch 510-35-5410 50.00 Vendor IRWA Total: 300.00 Vendor: KIESLER'S POLICE SUPPLY INC KIESLER'S POLICE SUPPLY INC IN110892 06/17/2019 AMMUNITION 100-22-6110 7,713.04 Vendor KIESLER'S POLICE SUPPLY INC Total: 71713.04 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 7150733 06/17/2019 stock 100-33-6110 192.66 KIMBALLMIDWEST 7161958 06/17/2019 stock 100-33-6110 161,92 KIMBALL MIDWEST 7161981 06/17/2019 bolts 510-32-6110 405.74 Vendor KIMBALL MIDWESTTotal: 760.32 Vendor: KNOWBE4 KNOWBE4 INV59539 06/17/2019 Training for all employees 620-00-5110 11799.28 Vendor KNOWBE4 Total: 11799.28 Vendor: LAFARGE NORTH AMERICA LAFARGE NORTH AMERICA 710544401 06/17/2019 CM-11 wash stone 167549978 510-35-6110 193.76 LAFARGE NORTH AMERICA 710544401A 06/17/2019 CM-6 virgin grade 9167550030 510-35-6110 109.22 LAFARGE NORTH AMERICA 710586559 06/17/2019 CM-6 virgin grade 9 167551258 100-33-6110 103,55 LAFARGE NORTH AMERICA 710630244 06/17/2019 FM-2 Sand 167551860 510-35-6110 58.80 Vendor LAFARGE NORTH AMERICA Total: 465.33 Vendor: LINCOLN AQUATICS LINCOLN AQUATICS 38255231 06/17/2019 Beach Rescue Board & Floats 100-43-6110 11563.43 Vendor LINCOLN AQUATICS Total: 1,563.43 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC P00840 06/17/2019 448 100-33-5370 71,50 MCCANN INDUSTRIES INC P00865 06/17/2019 447 100-33-5370 176.00 MCCANN INDUSTRIES INC P00866 06/17/2019 448 100-33-5370 36.00 MCCANN INDUSTRIES INC P00930 06/17/2019 448 100-33-5370 38.00 MCCANN INDUSTRIES INC P00936 06/17/2019 448 100-33-5370 73.50 Vendor MCCANN INDUSTRIES INC Total: 395.00 Vendor: MCHENRY SPECIALTIES MCHENRY SPECIALTIES 2019-393 06/17/2019 ACCOM/CITIZEN CITATION 100-22-6210 70.00 Vendor MCHENRY SPECIALTIES Total: 70.00 Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC MENDEZ LANDSCAPING & 4994 06/17/2019 Zagster Bike Pad 10D-01-5110 11250.00 MENDEZ LANDSCAPING & 4994 06/17/2019 Zagster Bike Pad 100-41-5110 11250,00 Vendor MENDEZ LANDSCAPING & BRICK PAVERS INCTotal: 21500.00 Vendor: METROPOLITAN INDUSTRIES METROPOLITAN INDUSTRIES INV006439 06/17/2019 Boone Lagoon Lift -New Power 510-32-5380 2,464.13 Vendor METROPOLITAN INDUSTRIES Total: 21464.13 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 208594W 06/17/2019 ADS 301nch culvert pipe 510-35-6110 864.00 MID AMERICAN WATER OF 208729W 06/17/2019 12 inch ADS culvert pipe 510-35-6110 894.00 6/12/2019 12:27:08 PM Expense Approval Register Packet: APPKT01521- 64749 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount MID AMERICAN WATER OF 208926W 06/17/2019 Hydrant Grease 510-35-6110 46.00 MID AMERICAN WATER OF 209122W 06/17/2019 Repair clamps 510-35-6110 666.00 Vendor MID AMERICAN WATER OF WAUCONDA INCTotal: 21470.00 Vendor: MIDAMERICAN TECHNOLOGY INC MIDAMERICAN TECHNOLOGY 209011W 06/17/2019 Storm pipe Invoice 209011W 100-33-6110 447.00 Vendor MIDAMERICAN TECHNOLOGY INCTotal: 447.00 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS M25774 06/17/2019 Fill hose 510-35-6110 76.04 MIDWEST HOSE AND FITTINGS M25844 06/17/2019 447 100-33-5370 275.40 Vendor MIDWEST HOSE AND FITTINGS INCTotal: 351,44 Vendor: MIDWEST METER INC MIDWEST METER INC 0111911-IN 06/17/2019 (100) 5/8x3/4 meter fitting 510-31-6110 11200.00 MIDWEST METER INC 0112027-IN 06/17/2019 Beacon Meter Reading 510-31-5110 24,548,00 Vendor MIDWEST METER INCTotal: 25,748.00 Vendor: MIDWEST POWER INDUSTRY, INC MIDWEST POWER INDUSTRY, 94 06/17/2019 MONITOR GENERATOR 100-23-5110 360.00 MIDWEST POWER INDUSTRY, 95 06/17/2019 MAINTENANCE GENERATOR 100-23-5110 11050.00 Vendor MIDWEST POWER INDUSTRY, INCTotal: 1,410.00 Vendor: MOTOROLA SOLUTIONS - STARCOM21 NETWORK MOTOROLA SOLUTIONS - 8330130559 06/17/2019 ASSEMBLY MAIN BOARD 100-22-5370 470A0 Vendor MOTOROLA SOLUTIONS - STARCOM21 NETWORK Total: 470.00 Vendor: MULCH CENTER, THE MULCH CENTER, THE 70363 06/17/2019 Landscape Supplies 100-45-6110 300.00 Vendor MULCH CENTER, THE Total: 300.00 Vendor: NATIONAL AWARDS & FINE GIFTS NATIONAL AWARDS & FINE 12601 06/17/2019 ENGRAVE PLAQUE PLATES 100-22-6210 89.50 Vendor NATIONAL AWARDS & FINE GIFTS Total: 89.50 Vendor: NATURESCAPE DESIGN INC NATURESCAPE DESIGN INC - 69213 06/17/2019 Riverwaik Irrigation 100-45-5110 366.10 Vendor NATURESCAPE DESIGN INC Total: 366.10 Vendor: NCL OF WISCONSIN INC NCL OF WISCONSIN INC 423967 06/17/2019 Lab Supplies 510-32-6110 570.10 Vendor NCL OF WISCONSIN INCTotal: 570.10 Vendor: NORTH EAST MULTI -REGIONAL TRAINING INC NORTH EAST MULTI -REGIONAL 255517 06/17/2019 TRAINING-EHARDT 100-22-5430 300.00 Vendor NORTH EAST MULTI -REGIONAL TRAINING INCTotal: 300.00 Vendor: NORTHERN ILLINOIS SWIM CONFERENCE NORTHERN ILLINOIS SWIM 1219-358 06/17/2019 NISC Dues 100-42-5410 250.00 Vendor NORTHERN ILLINOIS SWIM CONFERENCE Total: 250.00 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 17426657 06/17/2019 Electrical Supplies 100-45-6110 36.50 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 36.50 Vendor: NORTHWESTTRUCKS INC NORTHWEST TRUCKS INC 01PS40436 06/17/2019 802 510-35-5370 50.96 Vendor NORTHW EST TRUCKS INCTotal: 50.96 Vendor: OLSEN SAFETY EQUIPMENT CORP OLSEN SAFETY EQUIPMENT 0365932-IN 06/17/2019 Orange sewer gloves 510-35-6110 48.60. Vendor OLSEN SAFETY EQUIPMENT CORP Total: 48.60 Vendor: PDC LABORATORIES INC PDC LABORATORIES INC 19366016 04/30/2019 Total Nitrogen Sample 510-32-6110 60.00 PDC LABORATORIES INC 19366017 04/30/2019 Total Nitrogen Sample 510-32-6110 60.00 PDC LABORATORIES INC 19370382 06/17/2019 Total Nitrogen Sample 510-32-6110 60.00 PDC LABORATORIES INC 19370383 06/17/2019 Total Nitrogen Sample 510-32-6110 60.00 PDC LABORATORIES INC 19370384 06/17/2019 Total Nitrogen Sample 510-32-6110 60.00 PDC LABORATORIES INC 19370385 06/17/2019 Total Nitrogen test 510-32-6110 60.00 6/12/2019 12:27:08 PM Expense Approval Register Packet: APPKT01521- 64749 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount PDC LABORATORIES INC 19370386 06/17/2019 May Samples - Inv# 19370386 510-31-5110 460,00 Vendor PDC LABORATORIES INC Total: 820.00 Vendor: PDQ.COM CORPORATION PDQ.COM CORPORATION 1809X 06/17/2019 Deployment tool for 3rd party 620-00-5110 900.00 Vendor PDQ.COM CORPORATION Total: 900.00 Vendor: PEPSI COLA PEPSI COLA 30052063 06/17/2019 Conc-Pop 100-44-6110 486A0 Vendor PEPSI COLA Total: 486A0 Vendor: PETROCHOICE LLC PETROCHOICE LLC 10943183 06/17/2019 Fuel 100-45-6250 178,93 PETROCHOICE LLC 10943185 06/17/2019 FUEL10943185 100-22-6250 11764,14 PETROCHOICE LLC 10952550 06/17/2019 FUEL BILL 100-03-6250 94,96 PETROCHOICE LLC 10952553 06/17/2019 Fuel 100-45-6250 162,98 PETROCHOICE LLC 10952556 06/17/2019 FUEL 10952556 100-22-6250 1,452.59 PETROCHOICE LLC 10953193 06/17/2019 oil 100-33-6250 2,848.20 PETROCHOICE LLC 10955286 06/17/2019 oil 100-22-6250 11691,80 PETROCHOICE LLC 10958319 06/17/2019 FUEL BILL 100-03-6250 96.74 PETROCHOICE LLC 10958320 06/17/2019 fuel 10958320 510-32-6250 473.81 PETROCHOICE LLC 10958321 06/17/2019 fuel10958321 510-31-6250 240.24 PETROCHOICE LLC 10958322 06/17/2019 Fuel 100-45-6250 733.58 PETROCHOICE LLC 10958323 06/17/2019 fue110958323 100-33-6250 1,452.37 PETROCHOICE LLC 10958324 06/17/2019 FUEL 10958324 100-22-6250 2,340.13 PETROCHOICE LLC 10964605 06/17/2019 fuel 10964605 510-32-6250 7030 PETROCHOICE LLC 10964616 06/17/2019 FUEL BILL 100-03-6250 83.19 PETROCHOICE LLC 10964617 06/17/2019 fuel 10964617 510-32-6250 298.67 PETROCHOICE LLC 10964618 06%17/2019 fuel 10964618 510-31-6250 103.65 PETROCHOICE LLC 10964619 06/17/2019 Fuel 100-45-6250 183.07 PETROCHOICE LLC 10964620 06/17/2019 fuel 10964620 100-33-6250 297.32 PETROCHOICE LLC 10964621 06/17/2019 FUEL10964621 100-22-6250 717.49 Vendor PETROCHOICE LLC Total: 15,284.16 Vendor: POLICE LAW INSTITUTE POLICE LAW INSTITUTE 13863 06/17/2019 YEARLY RENEWAL 100-22-5110 4,655.00 Vendor POLICE LAW INSTITUTE Total: 4,655.00 Vendor: QUALITYTIRE SERVICE QUALITY TIRE SERVICE 54320 06/17/2019 443 100-33-5370 707,10 QUALITY TIRE SERVICE 54331 06/17/2019 gator 100-45-5370 46,40 Vendor QUALITY TIRE SERVICE Total: 753.50 Vendor: REICHE'S PLUMBING SEWER RODDING CORP REICHE'S PLUMBING SEWER PWANM593 06/17/2019 Reset power vet water water 100-33-5115 95.00 Vendor REICHE'S PLUMBING SEWER RODDING CORP Total: 95.00 Vendor: RICHMOND FISHERIES RICHMOND FISHERIES 1219-336 06/17/2019 Event- Fishing Derby 100-41-6920 1,000.00 Vendor RICHMOND FISHERIES Total: 1,000.00 Vendor: SAFE SITTER, INC SAFE SITTER, INC 61867 06/17/2019 Program - Safe Sitter 100-46-6110 176.00 Vendor SAFE SITTER, INC Total: 176,00 Vendor: SAM'S CLUB SAM'S CLUB INV0008225 06/17/2019 Program - Camp/Safety Town 100-46-6110 31.32 SAM'S CLUB INV0008226 06/17/2019 Conc- Food 100-44-6110 251,78 SAM'S CLUB INV0008227 06/17/2019 Conc-Food 10044-6110 458,27 Vendor SAM'S CLUB Total 741.37 Vendor: SENCOMMUNICATIONS INC SENCOMMUNICATIONS INC IN0946120 06/17/2019 HEADSET REPAIR 100-23-6110 125300 Vendor SENCOMMUNICATIONS INCTotal: 125.00 6/12/2019 12:27:08 PM Expense Approval Register Vendor Name Payable Number Vendor: SHERWIN INDUSTRIES INC SHERWIN INDUSTRIES INC 11009 Vendor: SHERWIN-WILLIAMS CO, THE SHERWIWWILLIAMS CO, THE 07239 Vendor: SIRCHIE FINGER PRINT LABORATORIES SIRCHIE FINGER PRINT 0401851-IN Vendor: SKILLS FIRSTSOCCER LLC SKILLS FIRST SOCCER LLC 4/5-5/10/19 SS PGM Vendor: SUNNYSIDE COMPANY SUNNYSIDE COMPANY 104547 Vendor: TRAFFIC CONTROL &PROTECTION INC TRAFFIC CONTROL & 100738 TRAFFIC CONTROL & 100924 TRAFFIC CONTROL & 100948 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRASTROBE 075700 Vendor: USA BLUEBOOK USA BLUEBOOK 917733 Vendor: WILSON NURSERIES INC WILSON NURSERIES INC 0347812-IN Vendor: WOODMASTER FENCE WOODMASTER FENCE 5256.1 Vendor: XYLEM WATER SOLUTIONS USA INC XYLEM WATER SOLUTIONS USA 3556A70900 Vendor: ZEP SALES &SERVICE ZEP SALES &SERVICE 9004302580 Vendor: ZIEBELL WATER SERVICE PRODUCTS, INC ZIEBELL WATER SERVICE 245789-000 Packet; APPKTO1521- 6-1749 RE Ci INV Post Date Description (Item) Account Number Amount 06/17/2019 Hydrant paint 510-35-6110 300.80 Vendor SHERWIN INDUSTRIES INCTotal; 300.80 06/17/2019 Hydrant Paint 510-35-6110 75.20 Vendor SHERWIN-WILLIAMS CO, THE Total: 75.20 06/17/2019 EVIDENCE SUPPLIES 100-22-6210 284.16 Vendor SIRCHIE FINGER PRINT LABORATORIES Total: 284.16 06/17/2019 Spring Soccer 100-47-5110 583.34 Vendor SKILLS FIRST SOCCER LLC Total: 583.34 06/17/2019 repair 490 100-33-5370 283.00 Vendor SUNNYSIDE COMPANY Total: 283.00 06/17/2019 Signage Supplies 100-45-6110 225,00 06/17/2019 street signs 100-33-6110 256.85 06/17/2019 Signage Supplies 100-45-6110 1,165.60 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 1,647.45 06/17/2019 oil 100-22-5370 179,95 Vendor ULTRA STROBE COMMUNICATIONS INCTotal: 179.95 06/17/2019 Manhole hooks 510-35-6110 235.87 Vendor USA BLUEBOOK Total: 235.87 06/17/2019 LANDSCAPE SUPPLIES 100-45-6110 217.60 Vendor WILSON NURSERIES INC Total: 217.60 06/17/2019 fence repair mourine 100-33-5110 1,065.00 Vendor WOODMASTER FENCE Total: 1,065.00 06/17/2019 Replacement Pump for East 510-32-5380 71263,10 Vendor XYLEM WATER SOLUTIONS USA INCTotal: 7,263.10 06/17/2019 hand soap 100-33-6110 140.99 Vendor ZEP SALES & SERVICE Total: 140.99 06/17/2019 articulating wrench 245789- tin -35-6110 139.00 Vendor ZIEBELL WATER SERVICE PRODUCTS, INC Total; 139.00 Grand Total: 124,195.97 6/12/2019 12:27:08 PM Expense Approval Register Packet: APPIR01521- 6-1749 RECT INV Fund Summary Fund 100- GENERAL FUND 400 - RECREATION CENTER FUND 510- WATER/SEWER FUND 620- INFORMATION TECHNOLOGY FUND Grand Total: Expense Amount 63,106,24 11460,00 56,883*60 2,746,13 124,195697 100100-45-5110 CINIAS 04/30/2019 76.35 100 100-01-6110 ACE HARDWARE, MCHENRY 04/30/2019 116629 100 100-33-5370 ACE HARDWARE, MCHENRY 04/30/2019 55.19 100 1 00-33-61 10 ACE HARDWARE, MCHENRY 04/30/2019 146433 100 100-33-6115 ACE HARDWARE, MCHENRY 04/30/2019 227.00 100 10045-6110 ACE HARDWARE, MCHENRY 04/30/2019 181.49 100 10047-6110 ACE HARDWARE, MCHENRY 04/30/2019 35.41 100 100-33-5520 COMED 04/30/2019 253.02 100 100-33-5520 COMED 04/30/2019 82.55 100 10045-5510 COMED 04/30/2019 84A9 100 10045-6110 DOTY & SONS CONCRETE PRODUCTS, INC 04/30/2019 953.00 100 100-22-5420 FIRST BANKCARD 04/30/2019 35.07 100 10041-5420 FIRST BANKCARD 04/30/2019 16.96 100 10044-6110 FIRST BANKCARD 04/30/2019 6.17 100 1004&5110 FIRST BANKCARD 04/30/2019 148190 100 10046-6110 FIRST BANKCARD 04/30/2019 330.46 100 10047-5410 FIRST BANKCARD 04/30/2019 124.99 100 10047-6110 FIRST BANKCARD 04/30/2019 492.25 100 10047-6920 FIRST BANKCARD 04/30/2019 16.83 100 100-01-6110 HOME DEPOT CREDIT SERVICES 04/30/2019 352.33 100 100-22-6210 HOME DEPOT CREDIT SERVICES 04/30/2019 2,39 100 1 00-33-61 10 HOME DEPOT CREDIT SERVICES 04/30/2019 31.94 100 100-33-6115 HOME DEPOT CREDIT SERVICES 04/30/2019 96.85 100 1 00-45-61 10 HOME DEPOT CREDIT SERVICES 04/30/2019 1745.64 100 100-2041 NCPERS GROUP LIFE INS 04/30/2019 16.00 100 1 00-33-61 10 NORTHWEST ELECTRICAL SUPPLY CO INC 04/30/2019 304s85 100 100-334510 PADRO, PEDRO 04/30/2019 164.35 100 10044-6110 PEPSI COLA 04/30/2019 509.56 100 100-334510 ARAMARK 04/30/2019 105.35 100 100-01-5110 BANKCARD PROCESSING CENTER 04/30/2019 325.00 100 100-01-5410 BANKCARD PROCESSING CENTER 04/30/2019 1422,00 100 100-01-5420 BANKCARD PROCESSING CENTER 04/30/2019 502,96 100 100-01-5450 BANKCARD PROCESSING CENTER 04/30/2019 11.70 100 100-01-6110 BANKCARD PROCESSING CENTER 04/30/2019 268.13 100 100-01-6940 BANKCARD PROCESSING CENTER 04/30/2019 43.00 100 100-22-5420 BANKCARD PROCESSING CENTER 04/30/2019 398.04 100 100-22-5430 BANKCARD PROCESSING CENTER 04/30/2019 715.00 100 1 00-22-61 10 BANKCARD PROCESSING CENTER 04/30/2019 75.00 100 100-22-6210 BANKCARD PROCESSING CENTER 04/30/2019 100.66 100 100-33-5430 BANKCARD PROCESSING CENTER 04/30/2019 85.00 100 100-33-6110 BANKCARD PROCESSING CENTER 04/30/2019 39.94 100 100-33-6950 BANKCARD PROCESSING CENTER 04/30/2019 31,98 100 10041-6110 BANKCARD PROCESSING CENTER 04/30/2019 42.67 100 100-01-6110 NAPA AUTO PARTS MPEC 04/30/2019 58.47 100 100-01-6210 NAPA AUTO PARTS MPEC 04/30/2019 6.40 100 100-03-6210 NAPA AUTO PARTS MPEC 04/30/2019 6o40 100 100-04-6210 NAPA AUTO PARTS MPEC 04/30/2019 32.57 100 100-22-6210 NAPA AUTO PARTS MPEC 04/30/2019 51.14 100 100-30-6210 NAPA AUTO PARTS MPEC 04/30/2019 4.19 100 1 00-33-621 0 NAPA AUTO PARTS MPEC 04/30/2019 39068 100 10041-6210 NAPA AUTO PARTS MPEC 04/30/2019 25.59 100 10044-6110 PEPSI COLA 04/30/2019 509,56 100 1 00-22-51 10 RADAR MAN INC 04/30/2019 705,00 100 1 00-22-61 10 RADAR MAN INC 04/30/2019 183,00 100 100-03-5120 SHERMAN MECHANICAL INC 04/30/2019 196435 100 1 00-06-51 10 BANKCARD PROCESSING CENTER 04/30/2019 441.34 100 100-06-5410 BANKCARD PROCESSING CENTER 04/30/2019 135600 100 100-06-5430 BANKCARD PROCESSING CENTER 04/30/2019 84,55 100 10044-6110 BANKCARD PROCESSING CENTER 04/30/2019 16,13 100 10046-5110 BANKCARD PROCESSING CENTER 04/30/2019-340600 100 1 00-46-61 10 BANKCARD PROCESSING CENTER 04/30/2019 335,57 100 10047-5110 BANKCARD PROCESSING CENTER 04/30/2019 100000 100 10047-6110 BANKCARD PROCESSING CENTER 04/30/2019 365.87 100 10045-6110 CRESCENT ELECTRIC SUPPLY CO 04/30/2019 86.12 100 10045-5110 HARM'S FARM 04/30/2019 5320.00 100 100-22-5110 MARATHON TOWING 04/30/2019 155.00 100 10041-8800 MID AMERICAN WATER OF WAUCONDA INC 04/30/2019 1295,00 100 100-01-6110 STAPLES BUSINESS CREDIT 04/30/2019 58.47 100 100-01-6210 STAPLES BUSINESS CREDIT 04/30/2019 6,40 100 1 00-03-621 0 STAPLES BUSINESS CREDIT 04/30/2019 6,40 100 100-04-6210 STAPLES BUSINESS CREDIT 04/30/2019 32,57 100 100-22-6210 STAPLES BUSINESS CREDIT 04/30/2019 51,14 100 100-30-6210 STAPLES BUSINESS CREDIT 04/30/2019 4,19 100 100-33-6210 STAPLES BUSINESS CREDIT 04/30/2019 39,68 100 10041-6210 STAPLES BUSINESS CREDIT 04/30/2019 25.59 100 100-01-5330 WOODWARD PRINTING SERVICES 04/30/2019 2913,00 100 100-01-5420 BANKCARD PROCESSING CENTER 04/30/2019 426,52 100 100-33-5370 BANKCARD PROCESSING CENTER 04/30/2019 26499 100 100-33-5430 BANKCARD PROCESSING CENTER 04/30/2019 1154,40 100 1 00-33-61 10 BANKCARD PROCESSING CENTER 04/30/2019 75,05 100 100-33-6270 BANKCARD PROCESSING CENTER 04/30/2019 619.88 100 100-01-5110 TYLER TECHNOLOGIES 04/30/2019 1650,00 200 200-00-5110 AMERICAN SOLUTIONS FOR BUSINESS 04/30/2019 548.21 200 200-00-5110 HARDMAN, ROB 04/30/2019 4685.10 200 200-00-5110 VISIT MCHENRY COUNTY 04/30/2019 12000.00 280 28041-8800 MARTAM CONSTRUCTION INC 04/30/2019 83593,89 300 300-00-7200 UMB BANK NA 04/30/2019 56439,37 400 400-00-5215 BANKCARD PROCESSING CENTER 04/30/2019 43,88 400 400-00-6111 BANKCARD PROCESSING CENTER 04/30/2019 1073 400 400-00-6120 BANKCARD PROCESSING CENTER 04/30/2019 20,43 400 40040-5110 BANKCARD PROCESSING CENTER 04/30/2019 529,00 400 400-40-6142 BANKCARD PROCESSING CENTER 04/30/2019 792,68 400 400-00-5321 DIRECTV 04/30/2019 307.97 400 400-00-5210 BANKCARD PROCESSING CENTER 04/30/2019 75400 400 400-00-6110 BANKCARD PROCESSING CENTER 04/30/2019 5459 510 510-31-6110 ACE HARDWARE, MCHENRY 04/30/2019 329.80 510 510-32-5375 ACE HARDWARE, MCHENRY 04/30/2019 172456 510 510-32-6110 ACE HARDWARE, MCHENRY 04/30/2019 673,69 510 510-35-6110 ACE HARDWARE, MCHENRY 04/30/2019 6Z81 510 510-32-5510 COMED 04/30/2019 116,57 510 510-31-5410 FIRST BANKCARD 04/30/2019 120.00 510 510-32-5375 HOME DEPOT CREDIT SERVICES 04/30/2019 135,95 510 510-35-6110 HOME DEPOT CREDIT SERVICES 04/30/2019 211,41 510 510-31-6110 MIDWEST WATER GROUP INC 04/30/2019 344.84 510 510-35-6110 BANKCARD PROCESSING CENTER 04/30/2019 72.88 510 510-32-5375 DREISILKER ELECTRIC MOTORS INC 04/30/2019 140,00 510 510-31-6210 NAPA AUTO PARTS MPEC 04/30/2019 15.39 510 510-32-6210 NAPA AUTO PARTS MPEC 04/30/2019 303,54 510 510-35-6210 NAPA AUTO PARTS MPEC 04/30/2019 396,10 510 510-32-5375 MID AMERICAN WATER OF WAUCONDA INC 04/30/2019 132,00 510 510-32-6110 MID AMERICAN WATER OF WAUCONDA INC 04/30/2019 21.00 510 510-32-5380 NORTHERN TOOL & EQUIPMENT 04/30/2019 266,62 510 510-31-6210 STAPLES BUSINESS CREDIT 04/30/2019 15039 510 510-32-6210 STAPLES BUSINESS CREDIT 04/30/2019 303.54 510 510-35-6210 STAPLES BUSINESS CREDIT 510 510-35-6110 WATER PRODUCTS - AURORA 510 510-31-6110 BANKCARD PROCESSING CENTER 510 510-32-5375 KOMLINE-SANDERSON 510 510-32-6110 PDC LABORATORIES INC 620 620-00-5110 BANKCARD PROCESSING CENTER 620 620-00-6210 DOCUMENT IMAGING SERVICES, LLC 100 100-01-5510 COMED 100 1 00-45-51 10 COMED 100 100-45-5510 CONSTELLATION NEWENERGY INC 100 100-01-5310 RESERVE ACCOUNT 100 100-02-5310 RESERVE ACCOUNT 100 1 00-03-531 0 RESERVE ACCOUNT 100 100-04-5310 RESERVE ACCOUNT 100 100-22-5310 RESERVE ACCOUNT 100 100-30-5310 RESERVE ACCOUNT 100 100-41-5310 RESERVE ACCOUNT 100 100-01-5410 SECRETARY OF STATE/INDEX DEPT 510 510-31-5510 COMED 510 510-32-5510 COMED 510 510-32-5510 COMED 510 510-32-5380 620 620-00-5320 100 1 00-22-51 10 100 100-01-6940 280 280-41-6940 280 280-41-6940 280 28041-6940 280 280-41-6940 510 510-32-6110 510 510-32-5580 590 590-00-6940 590 590-00-6940 600 600-00-3653 620 620-00-5110 100 100-2041 100 10041-3637 510 510-32-5375 620 620-00-6210 620 620-00-6210 620 620-00-6210 METROPOLITAN INDUSTRIES RESERVE ACCOUNT RESERVE ACCOUNT ENCHANTED CASTLE MUNICIPAL CLERKS OF LAKE COUNTY SECRETARY OF STATE / DEPT OF POLICE 04/30/2019 04/30/2019 04/30/2019 04/30/2019 04/30/2019 04/30/2019 04/30/2019 05/03/2019 05/03/2019 05/03/2019 05/03/2019 05/03/2019 05/03/2019 05/03/2019 05/03/2019 05/03/2019 05/03/2019 05/03/2019 05/03/2019 05/03/2019 05/03/2019 05/03/2019 05/03/2019 05/03/2019 05/10/2019 05/10/2019 05/10/2019 ORPORATE DISK COMPANY 396.10 548.50 228.87 175.87 120.00 429.00 208.00 89.97 63.85 407.51 46.15 7.35 67.60 588.05 94.50 0.50 28.25 10.00 40.90 73.13 314.20 2470v84 1.50 3.00 360.85 20.00 101.00 598.50 386.08 38165600 609.82 500000.00 10.00 20.00 245.00 600.00 77.00 458.18 190.00 39709,00 4800.00 10.00 28.42 1256.60 3793.30 262.12 800.00 8131.68 13077.46 396.35 1366.32 1627.10 16.00 100.00 45.00 356.15 311.00 225.00 620 620- M320 VERIZON WIRELESS FUND 100 FUND 200 FUND 280 FUND 300 FUND 400 FUND 510 FUND 590 FUND 600 FUND 620 FUND 760 05/31 /2019 2833A0 TOTAL 819296921 78115.64 17233,31 88934*33 56439637 1785*28 55348.68 1347181 1366032 6599A7 500000.00 819296,21 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 REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: June 17, 2019 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Conditional Use Permit to allow an indoor amusement establishment to operate a raffle which would benefit the McHenry County Youth Sports Association (MCYSA) at 4314A W Elm ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated May 15, 2019 3. Ordinance approving a conditional use permit to allow an indoor amusement establishment to operate a raffle which would benefit the McHenry County Youth Sports Association (MCYSA) at 4314A W Elm 4. Application Packet AGENDA ITEM SUMMARY: Council is being asked to consider a Conditional establishment to operate a raffle which would Association (MCYSA) at 4314A W Elm. Use Permit to allow an indoor amusement benefit the McHenry County Youth Sports BACI<GROUND: The applicant is proposing to lease a space in the McHenry Market Place Shopping Center (Angelo's) to operate a raffle. The purpose of the raffle is to raise money for the McHenry Youth Sports Association (MCYSA). A Conditional Use Permit is required for an indoor amusement in order to conduct a raffle of this kind. ANALYSIS: The unit which is proposed to be utilized has no direct frontage, other than an entrance door, to the parking lot therefore it is more difficult to lease. The unit has been vacant for ten years. Staff believes the proposed use will be a destination, similar to the VFW, and draw people to the center. Some may visit other stores some may not. The application states there will be approximately 75 players per session. While the shopping center is technically underparked 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 due to its age staff does not anticipate a parking problem. This center has plenty of parking available throughout the day. The original portion of the current McHenry Market Place Shopping Center was constructed 40- 50 years ago and the city's current zoning ordinance was adopted by the City Council in 1986; therefore, the parking regulations have changed and evolved over the life of the center. An example is the requirement for restaurants. Since 1986 the restaurant parking requirement was amended from classifying all restaurants under one parking requirement category to three different standards depending on the type of restaurant. Additionally, this shopping center was originally constructed and until the new zoning requirements were established in 1986 the zoning ordinance almost inevitably changed over the 20-25 year span which passed since original construction. As the shopping center sits today, a total of 610 parking spaces would be required by ordinance but 453 parking spaces actually exist. With Chase Bank approximately 32 additional parking spaces were lost bringing the total for the center to 421. However, to further address the parking shortfall in the past the owner of the property agreed to close the easternmost access of the property onto Elm Street. More parking spaces were also realized upon this design alteration. Staff is not concerned about the loss of parking and believes a number of factors over many years have contributed to the development of this shopping center which also affected parking requirements. Nonetheless the shopping center owner needs to remain cognizant about temporary land uses, such as Christmas tree lots and others, particularly in the winter, which take up parking spaces. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval (7-0) of a conditional use permit to allow an indoor amusement, raffle, for the property located at 4314A W Elm Street. RECOMMENDATION: Therefore, if the City Council concurs with the Planning and Zoning Commission, it is recommended that a motion be made to approve the attached ordinance authorizing approval of an application of a Conditional Use Permit to allow an indoor amusement, raffle for the property located at 4314A W Elm Street. 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 LL 14 sd ^t.IJ{�71w1,!s .until, NMI, !"6-6 t ` '''gib'. _` ..?' ap � coo-•. 9 b& Oj V r 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 Unapproved City of McHenry Planning and Zoning Commission Minutes May 15, 2019 Public Hearing: Wolfs Comprehensive Services File No. Z-947 4314A W Elm Street Conditional use permit to allow an indoor amusement establishment to operate a raffle which would benefit the McHenry County Youth Sports Association (MCYSA) Chairman Strach called the Public Hearing to order at 7:34 p.m. regarding File No. Z-947 an application for a conditional use permit to allow an indoor amusement establishment to operate a raffle which would benefit the McHenry County Youth Sports Association (MCYSA) for the property located at 4314A W Elm Street. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on April 18, 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 Thomas Lycos and Terra Lycos, 1 Gillingham Ct., Algonquin, IL 60102; and Timothy Lycos, 2391 Stanton Circle, Lake in the Hills, IL 60156 who were sworn in by Chairman Strach. Mr. Timothy Lycos stated they need a conditional use permit to hold a charitable raffle which they have been granted a raffle license for and are here to answer any questions needed to allow the raffle to operate at the subject property. Director of Economic Development gave the Staff report stating the applicant is proposing to lease a space in the McHenry Market Place Shopping Center (Angelo's) to operate a raffle that would benefit the McHenry Youth Sports Association (MCYSA). A Conditional Use Permit is required for an indoor amusement in order to conduct a raffle of this kind. The unit which is proposed to be utilized has no direct frontage, other than an entrance door, to the parking lot like the other units therefore it is more difficult to lease. The unit has been vacant for ten years. Staff believes the proposed use will be a destination, similar to the VFW, and draw people to the center. Some may visit other stores some may not. The application states there will be approximately 75 players per session. While the shopping center is ft • ¢i O • ¢ ]I RN¢R 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 technically under -parked due to its age staff does not anticipate a parking problem. This center has plenty of parking available throughout the day. Director Martin stated the original portion of the current McHenry Market Place Shopping Center was constructed 40-50 years ago and the parking regulations have changed and evolved over the life of the center. Staff is not concerned about the loss of parking and believes a number of factors over many years have contributed to the development of this shopping center which also affected parking requirements. Nonetheless the shopping center owner needs to remain cognizant about temporary land uses, such as Christmas tree lots and others, particularly in the winter, which take up parking spaces. Director of Economic Development Martin stated Staff recommends approval of a conditional use permit to allow an indoor amusement, raffle, at 4314A W Elm Street and Staff finds the requirements of Table 31, Conditional Use Permits, of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Gurda inquired what the hours of operation for the raffle would be. Tom Lycos responded hours are expected to be 4:30 p.m. until 9 or 9:30 pm with the raffle occurring at 7:00 p.m. six days a week. They are planning to be closed on Mondays so as not to conflict with VFW or any other bingo games. Commissioner Thacker asked for clarification as to whether they would only be holding one raffle a day and if food or beverage are expected to be served. Tom Lycos responded that the raffle is basically the same as bingo and no food or beverage will be served; however participants will be allowed to bring in food and/or non-alcoholic beverages. Commissioner Doherty asked for further clarification on how the raffle is run. Tom Lycos explained it is Bingo games where participants buy a card and raffle balls are pulled. Anyone can win. Chairman Strach opened the floor to questions and comments from the audience. The following attendees were sworn in: Stephanie Teta, 5206 Malibu Ct., McHenry stated she is a long term resident and bingo player. She opined a bingo friendly establishment in McHenry is really needed. She stopped going to the VFW because the Queen of Hearts drawing overcame the bingo games and area bingo NO RQARi O• T�Q FOl[ RNQR✓ 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 participants would appreciate an organization running bingo who understand bingo, care about the participants and want to run a valuable and honest bingo. She stated the clientele is mostly older and friendly. Timothy Justice, 1421 W Maude Ave., Arlington Heights (and business address is Little Caesar's at 4320 W. Elm Street, McHenry) and his attorney, James J. Riebandt, DiMonte & Lizak LLC of Park Ridge. Attorney Riebandt stated Northwest Pizza Group operates a Little Caesars franchise which is located 6 doors away from this proposed site and Mr. Justice has operated that store for 12 years. He stated Mr. Justice's lease with Heidner Properties prohibits adult activity in the center and they believe this type of gambling is an adult activity and violates the lease. He further stated they have no problem with McHenry County Youth Sports and support them and their efforts but are concerned about parking and the clientele that might participate. He added that Heidner properties has not responded to any of their calls or requests for a discussion and, while they've given concessions to Heidner Properties on other issues prior to this, they don't wish to give concessions to them on this matter until all their issues and concerns are addressed. Mr. Justice stated he does not want to see the applicant spend money and continue with these proceedings only later to find out court proceedings for breaking prior lease agreements at the center with Heidner properties are underway and have them lose their lease. Mr. Justice explained several difficulties he has had with Heidner Properties and what caused him to retain an attorney to address his concerns. Attorney Riebandt stated they attended this hearing to state they will seek to enforce the rights of the tenant regarding no adult activity as is written in the lease. Mr. Justice stated he thinks they would be good neighbors but explained that adult activities can be construed differently today than when the lease and the City's ordinances were written, but that gambling is an adult activity and the applicant could possibly add alcohol in their future operations. Tim Lycos responded the applicants have no intention of ever serving alcoholic beverages as a part of their operations at this proposed site and participants can be age 18 and up, but he was confused if Mr. Justice had an issue with the Landlord, Heidner Properties, or with their raffle operation and whether or not it is an "adult" entertainment shop. Attorney Cahill clarified that the lease issues stated by Mr. Justice and his attorney are a private issue and this use being focused on is not considered an adult use under the City's code so in terms of zoning, the concerns stare not really a zoning consideration and they would be inappropriate to address at this hearing. X CI.RT O• TE6 RNC X✓ , L 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 Attorney Riebandt stated their presence has nothing to do with Heidner but with Heidner's violation of the lease in place that was contracted in 2007 in good faith. He further stated it is his opinion that gambling is an adult activity and will have a negative effect on their ability to do business, and Mr. Justice's lease states adult activity is prohibited. Commissioner Strach clarified that the lease Mr. Justice signed with Heidner has no purview to the commission and how they vote at this hearing, but is in fact a private matter. Mr. Justice stated if the property owner was present and would answer the questions in regard to the lease that have been repeatedly asked by both himself and his attorney, there would be no issue and he wouldn't have been forced to address the issues at this hearing. Attorney Riebandt further stated they will be aggressive in enforcing the rights of the lease with Heidner and holding them to the lease terms and they do not want the applicant to have issues in the future. Mr. Justice asked for clarification on what zoning regulation a bingo raffle falls under when money changes hands if it is not considered gambling by the City's definition or code. Attorney Cahill stated it is considered an appropriate special use under the City's code in that zoning district. Mr. Justice asked if Attorney Cahill was referring to the use of gambling. Attorney Cahill stated she was referring to the use of raffles. Tom Lycos stated they believe the raffle will draw customers to Little Caesars rather than hinder their business. They will advertise for them and other local businesses as well. Ms. Charlaine Tiffany, 4411 Home Ave., McHenry, asked if alcohol would be allowed or served at the facility. Tom Lycos responded there would not be alcohol. Ms. Tiffany stated a concern with the medical facility next door that the activities at this facility might cause excessive noise or disrupt patient treatment. Tom Lycos stated they do not anticipate any disruption of patient services. He stated that adults 18 years and up can enter his establishment but the demographic is 40 years plus and that population should not cause any noise or disruption of medical facility patients. Tom Lycos stated this type of raffle really has no similarity to video gambling establishments. Tom Lycos stated they respect and recognize all of the concerns stated and clarified they have no intention of doing a queen of hearts type event but have every intention of being community friendly and a good neighbor. Chairman Strach closed the public comment portion of the hearing at 8:01 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 Commissioner Doherty asked for clarification as to whether the request is for aone-time raffle use or a continual use for many years of raffle nights. Tom Lycos stated the request is for ongoing use six days a week. Commissioner Doherty inquired if the raffle is strictly for this one charity or would other charities be able to benefit from a raffle night and who determines the split of the proceeds of the raffle. Tom Lycos clarified that the license is for one charity (MCYSA) but since it is ongoing use the possibility of other charitable groups benefitting from a raffle exists but would require further discussion with MCYSA. He stated they (the applicant) and the charity keep track of the percentage split and the 501(c)(3) reporting. Wolf's Comprehensive Services is not a 501(c)(3) organization, however, McHenry County Youth Sports Association (MCYSA) is. Commissioner Lehman inquired if the applicant operates raffles at any other locations. Tom Lycos responded they did not. Commissioner Walsh clarified that the medical facility hours are such that they would most likely not be open when the raffle facility is open so there should be no conflict. Commissioner Gurda asked for confirmation that no food or alcohol service would occur at the facility. Tom Lycos responded they will not typically provide food, except for possibly during a holiday event, and will never allow or provide alcohol service, however participants can bring in their own food and non-alcoholic beverages. Motion by Doherty seconded by Walsh to recommend to the City Council with regard to File No. Z-947 an application for a conditional use permit to allow an indoor amusement, raffle, for the property located at 4314A W Elm Street and Staff finds that the criteria in Table 31 of the zoning ordinance have been met. Voting Aye: Doherty, Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0 Chairman Strach closed the Public Hearing regarding File No. Z-947 at 8:08 pm. . IRS ■Ah Is fta HT OF VRE FOX wrvcn✓ 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 AN INDOOR AMUSEMENT ESTABLISHMENT TO OPERATE A RAFFLE AT 4314A W ELM 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 Wolf's Comprehensive Services, 1 Gillingham Ct., Algonquin, IL 60102 ("Applicant"), requesting a Conditional Use Permit to allow an indoor amusement establishment to operate a raffle at 4314A W Elm. 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 May 15, 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, ILLINOISI AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to allow an indoor amusement, raffle. 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 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 characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2019 AYES: NAYS: /e�:��r_�1►1x� ABSENT: NOT VOTING: APPROVED THIS IJe\'��ltl 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 ' i R LLRT Oi T�4 i0I RN¢0.✓ Exhibit A Legal Description of the Subject Property 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 wogs Compr4e islye eryites, I to May 12, 2019 Hello Mr. Martin, We would first like to offer our gratitude, to the McHenry Planning &Zoning Commission, for their recommendation to approve the Conditional Use Permit for Wolf's Comprehensive Services, Inc.'s request to lease the space at 4314A W Elm Street. WCS understands that the Village of McHenry's Board still needs to give its final approval for us to be issued the Use Permit, and nothing has been promised. WCS would like to make a couple of commitments to the Village, and to some of the other affected entities, which we feel is important. WCS respects and recognizes the importance of the VFW Hall, and the people it serves. Everybody knows about the Queen of Hearts Raffle which is run by the VFW. If WCS is granted the permit, there is no intention on our part to run a Queen of Hearts Raffle. That's the VFW's baby, and we have no interest in taking anything away from the VFW. In fact, WCS expects to be a supporter of the VFW. Further, Wolf's recognizes the strain that was placed on the McHenry Police Department, relative to the traffic issues surrounding the Raffle players coming to McHenry. WCS will do all that is possible to ensure that the police department, as well as any other McHenry public service department, is not Inconvenienced by our presence In the Village. WCS wants to be a good neighbor and a valued friend to the McHenry community. We will do all we can to always be cognizant of others, and respectful to others. If we are fortunate enough to be granted the permission to run the charitable raffle at Elm St., we will be advertising, free of charge within the Hall, any Village of McHenry events, and/or any McHenry businesses, that wish to partake, Also, we expect to be active in sponsoring McHenry groups. WCS just wants to assure you that we will do all things within our power to be the type of charitable business that McHenry desires. Thank you, again, TJ Lycos President Phone; 815-701-6887 PO Box 632, Huntley, IL 60142 wtivw.wolfsraffle.com Wolfs Comprehensive Services, Inc. (WCS), is seeking the necessary permits and permissions for the priviledge of leasing the space located at 4314A West Elm Street in McHenry, so that we may operate a Raffle which would benefit the McHenry County Youth Sports Asssociation (MCYSA). The MCYSA was granted a Raffle License from the Village of McHenry (Raffle License Number 19-R-016) on March 5, 2019, The space, which has sat unused for approximately ten years, would be painted and rehabbed, and would accommodate the Raffle players in the area. WCS expects about 75 players per session, and promises it will be a good neighbor to all McHenry businesses, as well as a needed benefactor for the MCYSA. With this operation, the MCYSA will earn tens of thousands of dollars which will be used to benefit thousands of youth in the area, and internationally. In addition, WCS promises to use its new platform to help area businesses and the Village, advertise at the Raffle Hall, free of charge. Further, WCS expects to be a sponsor for other McHenry groups, and other events in which the Village of McHenry takes part. In conclusion, permitting WCS to operate at the Elm Street location will not only directly aid the MCYSA, but will also prove to be a business that the Village of McHenry will be able to depend upon for many years. We humbly ask that you allow us to operate our business as soon as possible, Thank you. PO Box 632 Huntley, !l 60142 Phone 815-701.6887 File Number PUBLIC H>VARING APPLICATION Planning and Zoning CO111n11SS1011 City of McHenry 333 South Green Street McHettty,lL 60050 Tel: (815) 363-2170 tax: (81S) 363-2173 1. Name of Applicant w0 r7 Address �i �' 41-'10 ewn Clty , P ►'1 5 in State 4A 'Zip 4 14 L 2. Name of Property Ownef 4'ei dee / (Veer neso �n (, (If other than A plicant).,�-� Address 77 tP%//i14M 61vol City _ i�n ��r�c,�► �S �A5 �'�.S State Zip �d 1 rJ� 3. Name of Engineer (If represented) Address city 4. Name of Attorney (If represented) Address 5. Conmman Address or Location of Property 6. Requested Actions) (check ali that apply) Zoning Map Amendment (Rezoning) Conditional Use Permit Zoning Variance Other State Zip. Fax �I Fax Tel Fax Tel Fax _ Zoning Variance —Minor'•` Zoning Text Amendment Use Variance '`Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORMA Page 1 of 3 7. Current Use of Property UC, 6444 8. Current Zoning Classification of Property, Inch►ding Variances or Conditional Uses (r 9. Current Zoning Classification and Land Use of Adjoining Properties North: G Solttha C �3 East: West; 60 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the t•equired attachments. 1. Application Fee (amount) $ 2. Narrative Description of Request X 3. FORM A — Public Hearing Application 4. FORM B - Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application G. FORM D — Zoning Variance Application 7. FORM E — Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis l8. School Impact Analysis FORMA Page 2 of 3 11. Disclosure of Interest Tine party signing tine application shall be considered the Applicant, Tine Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has tine authority fi•onn the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the nanne 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 (tie application. 12. Certification I hereby certify that I am aware of al[ code requirements of the City of McHenry that relate to this property and that tine proposed use or development desc►•ibed in this application shall comply with all such codes. I hereby request that a public hearing to consider this application Ue held before the Planning and Zoning Comnnissior,, and thereafter that a recommendation be forwarded to tine City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicants) Print Name and Designation of Applicants) ' FORM A Page 3 of 3 roRM c CONDI'flOittAL USI; I'1J1i:Ntl'I' Planning cud ZolliaS Commission City of McHenry File Number 333 South Green S(reet a McHenry, IL G0050 � Tel: (815) 3G3-? 170 � Fax: (815) 3fi3-2173 'fable 31 of the City of McHenry %oning Ordinance provides that in recommending approval or conditional approval ofa 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 res pond to cacti of these conditions ns it relates to your request. 1. 'I'r•aftic Any adverse impact of types or volumes or traffic now not otherwise typical in the zoning district has been minimized. The tenant anticipates little to no deviation from normal traffic volume, particularly at any peak traffic times. In fact, the tenant expects that the total attendance will normally be around 75 people, who generally car pool. 2. Gnvironmcntal Nuismlce Any adverse effects of noise, glare, odor, dust, waste disposol, blockage oilight or all or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning clish•icl have been appropriately controlled. None of these are applicable, in as Much as all activities take place indoors, within a contained area, and the nature of the events are not conducive to excessive and/or disrespectful noise levels. 3. Neighborhood Character The proposed use will lit harmoniously with the exis{ing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue dcleteriolrs efrect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. The tenant not only feels that the activity will be in harmony with all of the surrounding businesses, but in fact, intends to advertise within the space, all of those businesses, as well as any Village sponsored activities. FORM C — Page 1 of 2 4; Public Services and pact hies The proposed use will not require existing commtoiity facilities or services to a degree disproportionate to that normally expected of perniiued uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The proposed use will have absolutely no impact on any of the above concerns. S. Public Safeh� and I-1caIL The proposed use will not be detrimental to the safety or health or the employees, patrons, or visitors associated with the use nor or the general public in the vicinity. /gain, the proposed use will have absolutely no negative impact on any of the concerns cited, relative to any individual person or groups of people. G. other ['actors The proposed use is in harmony with all other elemotils ol'canpatibility pertinent to the Conditional Use and its particular location. The tenant believes that we will be a benefit to the people and the Village of McHenry as a whole, in many ways, roaM e _ Page i or2 ( | i Office of Finance & Accounting Carolyn Lynch, Director McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us REGULAR AGENDA DATE: June 17, 2019 TO: Mayor and City Council FROM: Carolyn Lynch, Finance Director RE: Adjustment for Water Rates ATT: Ordinance Amending Section 26-24 (Waterworks user rates) AGENDA ITEM SUMMARY: Council is being asked to consider the attached ordinance adjusting water rates to levels that are appropriate to fund existing operating and maintenance to the water systems. BACKGROUND: In 2013, a Water and Sewer Rate Analysis was conducted by HR Green, Inc. A recommendation identified in this study was that water and sewer rates be reviewed and, based on this review, adjusted annually based on the actual operational, maintenance and capital improvement needs of the municipality. This is distinct from the City's previous methodology of basing rate adjustments on a financial index or comparisons with surrounding communities. At the May 15, 2017 City Council meeting an ordinance was approved amending various sections of Chapter 26 of the Municipal Code relating to Water and Sewer Rates increasing the residential Sewer Rates by $0.36 and decreasing the residential Water Rates by $0.14. In May M18, the Water and Sewer Rates were not increased as when rates were analyzed with the budget process, revenues were found to exceed the operating and maintenance expenses. At this time the Debt Service Fee for the IEPA loan will remain flat until the loan is repaid. As a part of the FY19/20 Budget presentation, the water rate changes proposed with the attached ordinance were presented and discussed in order to tie the rate adjustment to the water maintenance, operational, and capital needs. The Clh� of McHeur�� is dedicated to providing its citizens, businesses, nnrl visitors with the highest qunlit�� of progrnnrs and services iu n ctrslonrer-or/err/erl, effrcienl, mrd fiscnll�� responsib/e nrnnrrer. ANALYSIS: Once the budgets for the Water, Sewer and Utility Maintenance Divisions of Public Works were developed, it was determined that the current operational revenues for the Water Division were underfunding the needs of the division. This was determined by analyzing the usage from March 2018 through February 2019 and calculating the revenues with the current rates ($3.34 per 1,000 gallons for residential water and $4.00 per 1,000 gallons for residential sewer). Usage has been fairly stable over the last few years so it is unlikely that usage will be significantly higher or lower in the next year. As identified in the FY19/20 Budget, the Water Division's operational expenses for 2019/20 are $2,362,277. The estimated operational revenues are $2,250,276 with the current water rates of $3.34 per 1,000 gallons (residential) and $3.58 per 1,000 gallons (congregate care). This analysis therefore identifies that the Water Division is currently underfunded based on the existing rates and it is recommended that the water rate be increased by 6%. This will result in a new residential rate of $3.54 per 1,000 gallons and the congregate care rate at $3.79 per 1,000 gallons respectively, with estimated total operational revenues of $2,379,112. The FY19/20 Sewer Division Budget identifies operational expenses for 2019/20 at $3,282,484 with estimated operational revenues are $3,324,166 based on the current sewer rates of $4.00 per 1,000 gallons (residential) and $3.87 per 1,000 gallons (congregate care), and the unmetered rate $36.40. Based on this analysis, the Sewer Division is exceeding the operational needs based on existing rates. The excess revenues over expenses is not significant and rates cannot be decreased in order to still meet the operational needs, so the rates will remain unchanged. The chart below identifies and compares the rate change total dollar impact on various usage levels. The BLUE column represents total water and sewer charges based on gallons consumed at the current residential water rate of $3.34/1,000 gallons and sewer rate of $4,00/1,000 gallons. The ORANGE column represents total water and sewer charges based on gallons consumed and the proposed new residential water rate of $3.54/1,000 gallons and sewer rate of $4.00/1,000 gallons. The GREEN column represents the total monetary variance from the existing rate to the new rate (ORANGE column - BLUE Column), NOTE: While the monetary variance is different based on usage, the overall percentage increase (water and sewer combined) for all users regardless of usage is 2.7%. Total Water Water Charge Sewer +Sewer Water Charge Sewer Charge Total Water Total Total Gallons Based on Charge Based Charges Based on New Based on New + Sewer Variance Consumed in Existing Rate on Existing Based on Rate Rate Charges Existing Bi-Monthly of Rate of Existin4 of of Based on to New Billing Cycle $3.34/11000g $4.00/11000g Rates $3.54/1,000g $4.00/11000g New Rates Rates 31000 $10.02 $12.00 $22.02 $10,62 $12.00 $22.62 +$.60 51000 $16.70 $20.00 $36.70 $17.70 $20.00 $37.70 +$1.00 81000 $26.72 $32.00 $58.72 $28.32 $32.00 $60.32 + $1.60 100000 $33.40 $40.00 $73. . $35.40 $40.00 $75.40 + $2.00 RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to adopt an Ordinance Amending Chapter 26, Section 24 of the McHenry Municipal Code in relation to Water Rates. ORDINANCE NO. MC-19-1195 An Ordinance Amending Chapter 26, Section 24(0), Waterworks User Rates of the McHenry Municipal Code WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, Water Rates are reviewed annually and may be adjusted based on the actual operational, maintenance and capital improvement needs of the municipality. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION I: The following Sec. 26-24 Waterworks User Rates paragraph (b) of the McHenry Municipal Code is amended to read as follows: (b) Water user rates shall be as follows on or after August 1, 2019 Within the corporate limits of the Cites Class 1 uses: $3.54 per 1,000 gallons; and Class 2 uses. $3.79 per 1,000 gallons. Outside corporate limits of the Cites Class 1 uses: $5.31 per 1,000 gallons; and Class 2 uses: $5.69 per 1,000 gallons. In addition, each user within the City's corporate limits shall pay a $2.00 base charge with each onthly invoice, which shall be applied to operations and maintenance and capital costs associated with the City's waterworks system. Each user outside the City's corporate limits shall pay a $3.00 base charge with each by -monthly invoice, which shall be applied to operations and maintenance and capital costs associated with the City's waterworks system. In the event that a user's water account with the City is inactive, such user shall nonetheless still be billed for such base charge even in the absence of any use of water. In the event that City water is being utilized through a single water meter with more than one different category of user, the type of user category utilizing the largest percentage of water at such location shall be the category on which the applicable rate for such category shall be paid for all such water being utilized at such location, despite other, different categories of users utilizing water though such meter. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be in full effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and approved thisday of June, 2019. Alderwoman Baehne Alderman Devine Alderman Glab Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Ayes Nays Absent Abstain Monte Johnson, Deputy Cleric Office of the Chief of Police John R. Birk McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FROM: John R. Birk, Chief of Police FOR: June 17t", 2019 Regular City Council meeting RE: Authorization to Purchase one Police Vehicle with Equipment Attachment: Buss Bill of Sale; Ultrastrobe Estimate AGENDA ITEM SUMMARY: On May 281", 2019 the McHenry Police Department had marked patrol vehicle that was damaged beyond repair after being involved in a motor vehicle accident. With such, staff has worked to find replacement a vehicle as this police patrol vehicle is a vital piece of equipment needed to provide police services. Staff is requesting City Council authorization for a budget amendment and the purchase of replacement police vehicle and equipment. Staff is present to answer any questions Council may have regarding this request. BACKGROUND: On May 28t", 2019 McHenry Police Department squad 323 was involved in a motor vehicle accident. Our officer was driving Squad 323 northbound on Front Street when an unlicensed driver unlawfully turned in front of her causing the crash. As a result of this accident, Squad 323 (2015 Ford Police Interceptor Sedan) was damaged beyond repair. With the nature of the work that law enforcement does, the risk of vehicle accidents is always high. In this incident, the accident was caused by the other driver, with no fault on the part of the officer. The McHenry Police Department utilizes a rotational vehicle plan for the patrol division. This means that eighteen patrol vehicles are shared between thirty-seven officers and three separate shifts. This plan allows for the agency to run roughly 2/3 of the patrol fleet each 24- hour period. This is done so that the agency can control mileage and wear on the vehicles, assuring maximum service life. With the loss of Squad 323 the remaining patrol fleet will see an increase in mileage and wear, affecting the service life and maintenance costs of other patrol vehicles. Therefore, the department needs to replace Squad 323 in a timely manner. ANALYSIS: Although our insurance company will seek additional funds from the at fault" driver's insurance provider to cover the City's loss, they approved payment now in the amount of $17,991.25 to be used towards the replacement of the vehicle and the emergency equipment in it. Using the current pricing set under the Illinois Joint Purchasing Contract (Contract #4018503 / T7200), the police department is able to meet all applicable laws regarding the bid process. In searching for a replacement vehicle two options were identified. The first option would be to purchase the vehicles under the State contract through Morrow Brothers Ford (Greenfield, Illinois) who is the named contract winner for the Ford Police Interceptor Utility vehicle. The second option would be to search for the vehicles through closer dealers and confirm that they would honor the pricing set forth in the Illinois Joint Purchasing Contract. Buss Ford of McHenry was able to meet the pricing requirements set forth in the State contract. Pricing was provided as follows: 2019 Ford Interceptor Utility AWD $32,165.00 Title & Registration 1 $105.00 Pricing for emergency vehicle equipment's was also obtained for the vehicle through our contract vendor, Ultrastrobe, Inc. Council will find the attached pricing for the purchase and installation of emergency equipment per vehicle The following is a breakdown of the Vehicle Equipment —Vehicle 314 (Ultrastrobe, Inc.) $8,342.25 The total cost of purchasing the replacement vehicle (including equipment) from Buss Ford is $40,612.25. With the utilization of the insurance payout of $17,991.25, the remaining outstanding balance to acquire the vehicle and equipment is $22,621.00. RECOMMENDATION: Staff requests City Council authorization to; (1) purchase one 2019 Ford Interceptor Utility from Buss Ford for a cost not to exceed $32,165.00, (2) purchase and install emergency vehicle equipment from Ultrastrobe, Inc. at a cost not to exceed $8,342.25 and (3) authorize a budget amendment for the 2019/20 fiscal year in account 100.22.8300 in the amount of $22,621.00. ORDINANCE 1NO.ORD-19- AN ORDINANCE AMENDING THE FY2019/2020 BUDGET FOR THE FISCAL YEAR ENDING APRIL 30, 2020 WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City of McHenry acting by and through its Mayor and City Council has previously approved the FYI 9/20 Annual Budget for the Fiscal Year Ending April 30, 2020 by a motion at the Annual City Council Meeting held on April 29, 2019; and WHEREAS, it is necessary and appropriate to delete, add to, or otherwise change certain line items in said Budget Ordinance as provided in Exhibit A to this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the amendments to the Budget Ordinance for the Fiscal Year Ending Apri130, 2020 are hereby approved in the form and content as provided by Exhibit "A" which is attached hereto and made part hereof. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed and approved this 17th day of June, 2019 Ayes Nays Absent Abstain Alderwoman Baehne Alderman Devine Alderman Glab Alderman Mihevc Alderman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Monte Johnson, Deputy Clerk EXHIBIT A The following budget items are amended by this Ordinance: Fund 100.22.8300 (Police) - $22,621.00 coN O � m'o 00 �q ya o z> Or ,WIr Dcn CU o-� Wj 5 m t(D P o z 7 3 Q �1. W ffl (D fD o W Z CN v 0 � o o � ro i m c� O m n cn r a D -Di z z y W cmn 0� v m r m -i -� Z m 0 p r �c rD- z z m D O C� m m r� m m o m C o m m z n D n z _ z m z m m o m m z m m cfl t� � en � � t» to c� rn rfr to rn rfl t� fn � v� to O ® O® O CD co C1 O O 0 0 O 0 ® 0 0 0 0® O cc C u n O O �. mA S ax 000 C/) D c r- Ol fA (n � W O i Qco '� n.n0cJ o, � O3vV,po ` I� cD W (D rn 0 Z M ~ � c)N 0 �v W O.. O 00 (n (A' 0 o ao o® Unique Police Interceptor Utltlty Features ineiude: MODELISERIES/AVAILABILITY r Available Series MECHANICAL * 3.31- Police -Calibrated V6 Direct -Injection em — nd the job) • AWD Drivetrain— Standard for enhanced handling precision and unsurpassed traction on wet or dry surfaces r Transmission —10-speed automatic, police calibrated for maximum acceleration and faster closing speeds ack * Brakes — Police calibrated high-performance braking system • 4-Wheel heavy-duty disc w/hoavy-duty front and rear calipers • Brake Rotors — large mass for high thermal capacity and calipers with large swept area. • Electric Power -Assist St Bring ((S�PAS) — Heavy -Duty rr H7 yL'ii:Battery t5tanoaro; f w uL;Aruu-amp) * H8 AGM Battery (Available; 850 CCA/92-amp) • Cooling System — Heavy-duty, large high volume radiator, Engine oil cooler and transmission oil cooler • Engine idle Hour Meter • Engine Hour Meter It Powertrain mounts — Heavy -Duty * Class III Trailer Hitch Receiver with 5,000 lbs. towing capacity • Wheels Heavy-duty steel, vented with center cap Full size spare tire w/TPMS * 50State Emissions System INTERIOR FEATURES � Cargo Area —Spacious area for police equipment; Lithium -Ion Battery Pack does not intrude into ifie cargo area • Column Shifter • Seats Front — Police grade cloth — 6-way power -adjustable Manual lumbar, seatback foam designed to comfortably accommodate a utility belt -- Built-in steel intrusion plates in both front-seatbacks 2n0 Row —Police grade vinyl, offers easy care for cleaning • Flooring — Heavy -Duty vinyl; offers ease of cleaning and long- term durability • Liftgate access with manual took cylinder • Simple Fleet Key (w/o microchip, easy to replace, 4-keys) • Speedometer — Certified, digital readout in message center and analog guage • Universal equipment tray atop instrument panel (ideal for radar and other police aquipmenl) pia POLICE UPFiT FRIENDLY • Consistent 1 t-Inch space between driver and passenger seals for aftermarket consoles (9-inch center console mounting plate) • Console mounting plate • Dash pass-thru opening for aftermarket wiring • Headliner— Easy to service o Integrated LED police flashers (available) Rear -center seat delete (available) • Taillamps — Integrated police flashers (available) • Two (2) 50 amp battery ground circuits — power distribution junction block (repositioned behind 2'4 row seat floorboard), TECHNOLOGY (OFT 18 A A L ) etc Ford Te►ematics rki — Includes Fleet Telematics Modem and complimentary 2-year subscription * Police Perimeter Alert (available; detects and analyzes motion in an approximately 270-degree radius on sides and back of vehicle) * Rear Camera On -Demand (available) o Front Interior Visor Light Bar (LED) Super low -profile warning LED light bar tuily integrated into the top of the windshield near the headliner —fully programmable (available; Red/Blue/White LED lights) Rear Auxiliary Liftgate Lights (available; Red/Blue LED Lights; located beneath litigate glass in applique panel) • Rear Spoiler Traffic Warning Lights (LED) — Fully integrated in rear spoiler for enhanced visibility; Provides red/blue/amber directional lighting — fully programmable (available) Pre -Collision Assist with Pedestrian Detection (available; Includes Forward Collision Warning and Automatic Emergency Braking and unique disable switch for Law Enforcement use) • BLISO— Blind Spot Monitoring with Cross•►rafNc Alert (available) Bluetooth 0 Interface— Includes hands -tree voice command support (compatible with most Bluetooth connected mobile devices) o Unique Steering Wheel (with 4-remappabie latching switches) FETY/SECURITY HIGHLIGHTS SA • 75-mph Rear -impact Crash Tested Note: The lull -size spare lire secured in the factory location is necessary to achieve police rated r u,mph rear impact crash fast performance attributes • ,dvanceTrac® w/RSC® (Roll Stability Control®) police tuned gyroscopic sensors work seamlessly with the ABS • Ballistic Door -Panels (National Institute of Justice (NIJ) certified to stop Type 111, IV, all lesser NIJ rounds, as well as additional special threat rounds) (available) • Exterior Key Locks — Driver, passenger and litigate • Police Engine Idle feature (available) • Rear Video Camera with Washer (standard) Roverea Sensing (available) WARRANTY • 3 Year / 36,000 Miles Bumper i Bumper POWERTRAlN CARE EXTENDED SERVICE PLAN • b-yearlto0,000-mite Powertrain CARE Extended Service Plan (zero deduc11b1e) — 5tandard Product Changes and Features Availability and package content subject to change, Please check ttnxw,tmcdealer.ctxrt for the most current information, 00/19/19 2020 POLICE INTERCEPTOR UTILITY PROPRIETARY STANDARD UI ENT The foilowin items are std. 2020MY POLICE INTERCEPTOR UTILITY vehicle: MECHANICAL INTERIOR/COMFORT (continued) • Axle Ratio -3.73 (AWD) • Rear -window Defrost • Brakes - 4-Wheel Heavy -Duly Disc w/H.D. Front and Rear • Scuff Plates - Front & Rear Calipers Seats * Glass III Trailer Hitch Receiver — 1" Row Police Grade Cloth Trim, Dual Front Buckets with Gohrmn Shiftor reduced bolsters * -20,Amp alternator — 1" Row- Driver 6-way Power track (fore/aft. Up/down, tilt • Drivetrain- All -Wheel -Drive with manual recline, 2-way manual lumbar) • Electric Power -Assist Steering (EPAS) - Heavy -Duty — 1a1 Row— Passenger 2-way manual track (fore/aft. with • Engine -3.3L V6 Direct4rijection manual recline) • Engine Hour Idle Meter — Built-in steel Intrusion plates in both driver/passenger • Engine Hour Meter seatbacks • Engine Oil Cooler — 2`a Row Vinyl, 35/30/35 Split Bench Seat (manual fold -flat, • Fuel Tank - a j no tumble) - fixed seat track * H7 S12rBattery OCCA/80-amp) • Speed (Cruise) Control • Speedometer -Calibrated (includes digital readout) • buspensron - Indepenuertt front & rear • Steering Wheel - Manual / Tilt / Telescoping, Urethane wheel * Transmission - to -speed automatic finish w/Silver Painted Bezels with Speed Controls and 4 user- • Transmission Oil Cooler configurable latching switches EXTERIOR • Sun visors, color -keyed, non -illuminated • Antenna, Roof mounted • Universal Top Tray - Center of I/P for mounting aftermarket • Cladding - Lower bodyside cladding (MIC) equipment • Door Handles - Black (MIC) o Windows, Power, 14ouch Up/Down Front Ddver/Passenger-Side • Exhaust, True Dual (down -turned) with disable feature • Door -Lock Cylinders (Front Driver / Passenger / Litigate) SAFETY/SECURITY • Glass - 2nd Row, Rear Quarter and Uftgate Privacy Glass • AdvanceTrac@ w/RSCO (Roll Stability Control®) • Grille - Black (MIC) • Airbags, dua6stage driver & front -passenger, side seat, * Headlamps - Automatic, LED Low -and -High -Beam passenger -side knee, Roil Curtain Airbags and Safety Canopy8 Note, Includes Front Headlamp / Police Interceptor Housing (with LED • Anti -Lock Brakes (ASS) with Traction Control wigwag Imiture) * Brakes - Police calibrated high-performance r Pre -drilled hole for side marker police use, does not include braking system LED strobe, but includes LED wig -wag functionality • Belt-MinderD (Front Driver / Passenger) (eliminates need to drill housing assemblies and provides • Chlid-Safety Locks (capped; set to "on") LED wig -wag feature) • Individual Tire Pressure Monitoring System (TPMS) Pre -molded side warning LED holes with standard sealed • LATCH (Lower Anchors and Tethers for Children) system on rear capability (does not include LED installed lights) outboard seat locations — Wig•wag default is traditional pfng-pong pattern; can be • Rearview Camera with Washer viewable In 4.2" center stack, programmed to triple -burst pattern or ping-pong / triple -burst Note: Rearview Camera viewable in rearview mirror (available) - order Note, Must be wired to vehicle's light controller to enable wig -wag 87R (no -charge option) functionality recommend Ready for the Road Package (67H) • Seat Belts, Pretensioner/Energy-Management System or Ultimate Wiring Package (67U) w/adjustable height in 181 Row • Lifigate - Manual 1-Piece - Fixed Glass w/Door-Lock Cylinder • SOS Post -Crash Alert SystemT"' • Mirrors - Black Caps (MIC), Power Electric Remote, Manual FUNCTIONAL Folding with Integrated Spotter (integrated blind spot mirrors not . Audio included when equipped with BLISO) — AM/FM / MP3 Capable / Clock / 4-speakers • Spare -Full t 1 a" Tire w/TPMS — BiuetoothS interface*— includes hands4ree voice • Spoiler-Painntee d Black command support (compatible with most Bluetooth • Tailgate Handle - (MIC) Tail tamps - LED connected mobile devices) • — • Tires mLip M * USS Port— (1) 0R16 A/S BSW — 4.2" Color LCD Screen Center -Stack "Smart Display" • Wheel Lip Molding -Black (MIC) o Easy Fuel® Capless Fuel -Filler o Wheels -18" x 8.0 painted black steel with polished stainless * Ford TelematiGS "' - Includes Fleet Telematics Modem and steel hub cover complimentary 2-year subscription • Windshield - Acoustic Laminated • Front door father straps (driver/passenger) INTERIOR/COMFORT a Power pigtail harness e Cargo Hooks in cargo area * Recovery Hooks; two in front and trailer bar in rear Climate Control - Dual -Zone Electronic Automatic Temperature • Simple Fleet Key (w/o microchip, easy to replace; 4-keys) Control (DEATC) . Two-way radio pre -wire • Door -Locks a Two (2) 50 amp battery ground circuits — power distribution — Power junction block (behind 2'a row passenger seat floorboard) Rear•Door Handles and Locks Operable • Wipers - Front Speed -Sensitive Intermittent; Rear Dual Speed • Fixed Pedals (Driver Dead Pedal) Wiper • Floor - Flooring - Heavy -Duty Thermoplastic Elastomer • Glove Box - Locking/non-illuminated • Grab Handles - (1 - Front -passenger side, 2-Rear) e Littgate Release Switch located in overhead console (45 second timoout feature) • Lighting — Overhead Console Red/White Task Lighting in Overhead Console — 3rd row overhead map light • Mirror - Day/night Rear View • Particulate Air Filter o Powerpoints—(1) First Row • Rear -door closeout panels Amid& Ultra Strobe Communications Inc 748 Tek Dr. Crystal Lake, IL. 60014 Name /Address City ofMeHemy Attn: Accounts Payable 333 S. Green St McHenry, IL 60050 Item Estimate Description Date Estimate # 6/6/2019 4036 P.O. No. Job Name 323 Qty Price Total CNSMBR-26546955 Federal Signal CN SignalMaster 8-head rear model; 4 aniber/red 1 599.00 599.00 reflectors, 4 amber/blue reflectors RED/BLUE ONLY TO BE ACTIVE, NO ARROWSTICK (USING LIGHTBAR) VTX609B Whelen super LED light, single self contained lighthead with 25 scan 2 59.95 119.90 lock flash patterns, blue TAILLIGHTS VTX609R Whelen super LED light, single self contained lighthead with 25 2 59.95 119.90 Scan -Lock flash patterns TAILLIGHTS C-VS4012-INUT Havis 2020 Ford Utility angled low profile console 10" of angled 1 356.95 356.95 mounting space and 12" horizontal mounting space C-MD-302 Havis Heavy Duty Computer Monitor / Keyboard Mount and Motion 1 324.95 324.95 Device WK0514ITU20 Setina window barriers, steel, vertical, for 2020 Fond Utility 1 198.95 198.95 Removal Removal of equipment 1 300.00 300.00 Installation Installation of equipment 1 2,2%00 2,250.00 Misc install equipt Includes wire, connectors, standard fuses/ fuse holders,fuse block, and 1 250.00 250.00 one 30 amp relay. ENT2B3B Sound Off Intersector LED Light Kit, Black Housing W/ I -Light & 1 155.95 155.95 Mounting Gasket, l-Inline Flasher, 3-Custom Wedges, Clear Lens/Blue LEDs ENT2B3R Sound Off Intersector LED Light Kit, Black Housing W/1-Light & 1 155.95 151.95 Mounting Gasket, l-Inline Flasher, 3-Custom Wedges, Clear Lens/Red LEDs MB8U Laird 1 T RG58U solid center conductor cable antenna kit 2 19.95 39.90 CMUlIF58 Laird mini UHF male crimp on for RG58 2 6.95 13.90 QW800 Land Antenna 806 - 896 MHz stainless 1 9.95 9.95 QW152 Antemna 152462 MHz 1/4 wave antenna (stainless) 1 8.95 8.95 Signature Date Our quotes are valid for 90 days S U btOta I Sales Tax (7.75%) Total Phone # Fax # E-mail Web Site 8154791717 8154794818 STACEY@ULTRASTROBE.COM Nv%vw.ultrastrobe.com Page 1 Ultra Strobe Communications Inc 748 Tek Dr. Crystal Lake, IL. 60014 Name /Address City ofMcHemy Attn: Accounts Payable 333 S. Green St McHenry, IL 60050 Item XT4R/B XT4LBKT BR5000 ES100C Misc. Misc. SI240-T-IH SSP2000B CG-X C-MCB HLN9073B SC4900 SC-6 #H SC-9903 ULTTC-RB W PT1176ITU20TM PK0123ITU202ND 21TR47ISPJP Signature Estimate Description Code 3 XT4 LED interior/exterior lighthead 12124V Red/Blue 1 UPPER 1 LOWER SIDE CARGO WINDOW AND 2 GRILL Code3 XT4 universal L-bracket 90 degree Relay 75 Amp Federal Signal 100-Watt compact speaker with neodymium driver NO PART NUMBER HAS BEEN GIVEN FOR ES 100 BRACKETS, PRICE NOT GAURANTEED IT IS NOT KNOW IF LIGHTS WILL BE ABLE TO BE ADDED TO THE HEADLIGHTS YET Secure Idle ignition override for new Ford Interceptor sedan and SUV NOT GAURANTEED THESE WILL WORK YET Federal Signal smart siren platinum 2000 100W, programmable hen/light controller with noise canceling microphone Havis delay timer Havis mic clip bracket Motorola mic holder Santa Cruz adjustable steel butt plate Santa Cruz universal gun lock Santa Cruz square butt plate "L" bracket Code 3 18 LED, Mega ThinT"'tricolor LED, surface mount, 12/24VDC red/blue/white HATCH WHEN OPEN Setina partition transfer kit for XL type partition(tall man), includes lower extension panel & XL recessed insert. For 2020 Ford Utility Setina 12VS cargo area rear partition with vinyl coated expanded metal for use behind 2nd row seat for 2020 Ford Utility Code 3 2100 series lightbar, configuration attached Date Our quotes are valid for 90 days Date Estimate # 6/6/2019 4036 Qty S u btota I 323 Price I Total 6 I 49.95 I 299.70 6 8.00 48.00 1 If 49.95 l 149.95 149.95 1 45.00 45.00 2 I 99.00 I 198.00 175.00 I 175.00 625.00 I 625.00 1 85.95 85.95 1 11.95 11.95 3 3.95 11.85 1 24.95 24.95 1 138.95 138.95 1 25.95 25.95 2 95.95 191.90 289.95 I 289.95 1 I 365.95 I 365.95 700.00 I 700.00 Sales Tax (7.75%) Total $8,342.25 $0.00 $8,342.25 ��PLEASE NOTE LIGHTBARS /PARTITIONS TAKE 6-8 WEEKS TO ARRIVE FROM ORDER DATE** Phone # Fax # E-mail Web Site 8154791717 815-4794818 STACEY@ULTRASTROBE.COM Nv%vw.ultrastrobe.com Page 2 Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us REGULAR AGEIVDA ITEM DATE: June 17, 2019 TO: City Council FROM: Wayne S. Jett, Mayor Derik Morefield, City Administrator RE: Budget Amendment and Authorization to Accept Bid for the Demolition of Public Buildings at Neumann Park and Court Street AGENDA ITEM SUMMARY: The purpose of this agenda item is for Council to approve a budget amendment ordinance and approve a bid in the amount of $22,000 to McHenry Heating & Excavating, Inc. for the demolition of the public buildings in Neumann Park and Court Street. BACKGROUND/ANALYSIS: As part of the discussion regarding enhancing downtown parking opportunities that Council undertook in November of 2017, the demolition of the public buildings at Neumann Park and Court Street were identified. Demolition of the buildings in Neumann Park would increase the visibility of parking opportunities in public lots accessible from Court Street. Demolition of the Court Street building would permit the City the opportunity to plan for, and expand, parking at this location. Since costs for demolition were not included in the FY19/20 Budget, a budget amendment would be required. Bids were received from two firms located in McHenry —Eagle Biomass and McHenry Heating & Excavating — with McHenry Heating & Excavating being the low bid for both demolitions at a total cost of $22,000. The buildings and Neumann Parl< and Court Street have already been approved for teardown by the Landmark Commission. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to amend the FY19/20 Budget, account 100.01.5110, in the amount of $22,000; and, that a bid be approved for the demolition of the public buildings at Neumann Park and Court Street by McHenry Heating & Excavating Inc. in the amount of $22,000. The Citp of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest grrrrlily of progrnnrs and services in a customer -oriented, efficient, andfiscally responsible nrn►rner. ORDINANCE NO. ORD-19- AN ORDINANCE AMENDING THE FY2019/2020 B UDGET FOR THE FISCAL YEAR ENDING APRIL 30, 2020 WHEREAS, the City of McHeny, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City of McHenry acting by and through its Mayor and City Council has previously approved the FYI 9/20 Annual Budget for the Fiscal Year Ending April 30, 2020 by a motion at the Annual City Council Meeting held on April 29, 2019; and WHEREAS, it is necessary and appropriate to delete, add to, or otherwise change certain line items in said Budget Ordinance as provided in Exhibit A to this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the amendments to the Budget Ordinance for the Fiscal Year Ending April 30, 2020 are hereby approved in the form and content as provided by Exhibit "A" which is attached hereto and made part hereof. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION A. This ordinance shall be published in pamphlet form by and under the authority of the corporate authores of the City of McHeny, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed and approved this 17th day of June, 2019 Armes Nays Absent Abstain Alderwoman Baehne Alderman Devine Alderman Glab Alderman Alderman Alderman Alderman Mihevc Miller Santi Schaefer Wayne Jett, Mayor Monte Johnson, Deputy Clerk EXHIBIT A The following budget items are amended by this Ordinance: Fund 100.01.5110 (General Administration) - $22,000.00 1903 S. III . Rt. 31, I`V c HIe>r ry, 1[IL 60050 Ph®neo, 80 * 260 � 115511 Officeo M o zi.4 1. o 9900 Proposal Proposal Submitted to: Work to be performed at: City of McHenry Neumann Park (2 buildings) (815) 363-2170 McHenry, I1. 60050 wiett(i ei.mchenry.il.us Parcel 09-26=455-004 �� ❑ n 0 0 n o n o 0 o u n a o o u n 0 n o n u n u n n ©o o u n n 0 n n o u a n 0 n a o 0 n o n u u n n 0° a u u■■ n u n n n® 0 u n 0 0 0 u u 0 0 0 0 n 0 0 0 0 0 u 0 n o 0 0 0 0 McHenry Excavating Inc. does hereby submit specifications and estimate for: 1) Demolition and removal of existing commercial buildings. All concrete foundations and flatwork will ■ be broken up and hauled away. Foundation hole will be filled in with dirt. ■ n 2) All wanted debris from inside buildings must be removed prior to this work starting. Not responsible for any items left inside or outside the buildings once the contract is signed. e 3) Furnish and install black dirt, seed and blanket over area where buildings were removed. o 0 4) Not included in this proposal are as follows: Any concrete or asphalt repair, removal or installation o other than listed above, undercutting of unsuitable material and replacement, Asbestos testing or removal, CCDD testing, engineering work, as built drawings, removal of contaminated/hazardous o material, running sand, water pumping, construction fencing, silt fencing, erosion control, or landscaping o removal or replacement work. No permit fees are included in this price. n ° o u ❑ u o u Initial: Total Investment: $ 14,300.00 p 0 0 ❑ n C�0un0000nnnnnnnnnn0000n0nnu0nnn00n0n11nnnnnn0nn00000nan00onnnn0nnn0nunn00nnnnnnuun000nnnann-n9 n k: Any alteration or deviation from the above specifications involving extra costs will be executed only upon written order and will become a charge over and a above the estimate. All agreements contingent on strikes, accidents, or delays beyond our control. 0 Local code requirements are the responsibility of others, o u a The buyer agrees that in the event of nonpayment of this overdue invoice he shall be liable for collection charges, 18%Interest, and attorney fees. L❑ u u u 0 0 0 0 0 0 0 0 0 n n n a■ n■■ ®0 0 n 0 0 n n 0 u n u n n 0 n 0 0 0 n n u u u 0 0 0 0 0 0 0 0❑ n 0 0 0 0 0 0 0 0 0 n u 0 o n n o 0 0 0 0 0 n 0 0 n n 0 u 0 0 0 0 0 0❑°° ° We hereby propose to fur�tish material and labor —complete in accordance with the above specifications, for the sum of: ° o $14,300.00 0 ° n o With payments to be made as follows: By Check $3,300.00 deposit to mobilize and balance upon completion of work. n n ° n McHenry Heating & Excavating Representative: Mark Hiller Date 6/10/19 0 This Proposal may be withdrawn by McHenry Excavating if not accepted within 30 days from the above date. o n n ❑ n Acceptance of proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized o to do the work as specified. Payment will be made as outlined above. o ❑ n n n u n Customer Signature: Date o ❑ n ❑ 0 [� u n n 0 n n n n n n u n o n o n 0 0 n u n u 0 n 0 n 0 0 0 n n 0❑ n n 0 u u 0 n n 0 u 0 0 u n 11 u u u n 0 0 n 0 0 u u u u n n n 0 n 0 0 n 0 u n 0 u n 0 0 n 0 n 0 n n n n 0 u" n o "n Proposal Submitted to. Work to be performed at: City of McHenry Court Street Garage (815) 363-2170 McHenry, I1. 60050 wiett(a,ci.mchenry.il.us Parcel W26455-006 mmm.mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm® ® McHenry Excavating Inc. does hereby submit specifications and estimate for: ® 1) Demolition and removal of existing commercial garage building. 2) All wanted debris from inside building must be removed prior to this work starting. Not responsible ® for any items left inside or outside the buildings once the contract is signed. ® 3) No removal of any concrete figured in this price. ® 4) Not included in this proposal are as follows: Any concrete or asphalt repair, removal or installation ® other than listed above, undercutting of unsuitable material and replacement, Asbestos testing or ® removal, CCDD testing, engineering work, as built drawings, removal of contaminated/hazardous ® material, running sand, water pumping, construction fencing, silt fencing, erosion control, or landscaping ® removal or replacement work. No permit fees are included in this price. m ■ m ■ m ■ Initial: Total Investment: $ 7,600.00 16 e m ■ mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmemmmmmmmmmmmmmmmmmmammmmmmmmm® ® :? Any alteration or deviation from the above specifications involving extra costs will be executed only upon written order and will Uecome a charge over and above the estimate. All agreements contingent on strikes, accidents, or delays Ueyond our control. . t: Local code requirements are the responsibility of others. The buyer agrees that in the event of nonUpayment of this overdue invoice he shall be liable for collection charges, 18% hiterest, and attorney fees. �mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmma®mmmmmmmmmm® ® We hereby propose to furnish material and labor —complete in accordance with the above specifications, for the sum o£ ■ $7,600.00 ■ ® m m ■ With payments to be made as follows: By Check $2,000.00 deposit to mobilize and balance upon completion of work. m ■ ® McHenry Heating & Excavating Representative: Mark Hiller Date 6/10/19 ® This Proposal may be withdrawn by McHenry Excavating if raot accepted within 30 days from the above date. m ■ m ■ ® Acceptance of proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized ® to do the work as specified. Payment will be made as outlined above. m ■ m ■ m m Customer Signature: Date ■ m ■ ■ mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm®mmmm® V� -IC (�L c�`t� Eagle momass, Inc® 1400 S. IL Route 31, Suite 203 McHenry, IL 60050 1H:815-344-8777 FAX:815-344-7772 City of McHenry 333 S. Green St. McHenry, IL. 60050 815-363-2100 DEMOLITION We hereby propose to furnish labor and equipment necessary for the completion of: WRECKING AND HAULING OF STRUCTURE FROM 1208 COURT ST. MCHENRY • Eagle will wreck structure in a manner as to protect the surrounding property. • Eagle will separate all recyclable materials and all non -recyclable materials will be hauled to a licensed landfill facility. • Eagle will obtain any necessary licenses required for the job and obtain demo permit. • Others are responsible for utility disconnects. • Price includes: Wrecking and hauling of all debris related to structure. Concrete walls, footings, walks, stoops and slabs related to structures. Rough grade. Atl salvage shall become the property of Eagle $iomass, lne. Price does not include: Any Village taxes or fees not specified on the proposal. Any testing o� removal asbestos or other° hazardous materials unless specified. CA 6 to level area to blacktop grade. Sewer and waterdisconnects. We hereby propose to furnish labor complete in accordance with above specifications, $ 3,780.00 down $6,000.00 due upon completion of demo. Note: • If different payment terms are negotiated, a 5% fee will be added for every 30 days past the agreed due date. • Any concrete demolition price for wrecking and hauling is for typical concrete only. • Fees for utility disconnect and permits are not included in proposal price unless specified. • Any utility disconnect prices are for typical disconnects. • If a credit or debit card is used for payment a 3.2 % fee will be added to price. Res ectfully su mitted Richard Clements Vice President Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature: Date: Eagle Biomass, Inc. 1400 S. IL Route 31, Suite 203 McHenry, IL 60050 PH:815-344-8777 FAX:815-344-7772 City of McHenry 333 S. Green St. ?VlcHemy, IL. 60050 DEMOLITION 815-363-2100 We hereby propose to furnish labor and equipment necessary for the completion of: WRECKING AND HAULING OF STRUCTURES FROM 1207 COURT ST. MCHENRY B Eagle will wreck structures in a manner as to protect the Surrounding property. • Eagle will separate all recyclable materials and all non -recyclable materials will be hauled to a licensed landfill facility. • Eagle will obtain any necessary licenses required for the job and obtain demo permit. Others are responsible for utility disconnects. Price includes: Wrecking and hauling of all debris related to structures. Concrete walls, footings, walks, stoops and slabs related to structures. Fill basement with surrounding excess from above surrounding grade and will haul in CA6 for remainder to match surrounding grade. Alt. 1. Eagle will remove tree for $900.00 additional. All salvage shall become the property of Eagle Biomass, Inc. Price does not include: Any Village taxes or fees not specked on the proposal. Any testing or removal asbestos or other hazardous materials unless specified. 1z1� hereby propose to �„•„ic}i laborrGi:?pl�t� ?R c {•�Grij_it?!'a �niitli ?bGVe SnA�ifirati:^t?S, For the sum of $18,390.00 $ 5,390.00 down $13,000.00 due upon completion of Gravel. Note: ® If different payment terms are negotiated, a 5% fee will be added for every 30 days past the agreed due date. • Any concrete demolition price for wrecking and hauling is for typical concrete only. Fees for utility disconnect and permits are not included in proposal price unless specified. Any utility disconnect prices are for typical disconnects. If a credit or debit card is used for payment a 3.2 % fee will be added to price. �s ectf�ly subm' }d %v Richard Clements Vice President Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature: Date: in p HC�HI Of T cq✓ John R. Birk, Chief of Police McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 jbirk@ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: June 17t", 2019 TO: Mayor and City Council FROM: John R. Birk, Chief of Police RE: Consideration of an Ordinance to Amend Chapter 4: Alcoholic Liquor to allow a detailed definition of "Full Bar" and the addition of a Personal Care Establishment License. ATT: Proposed Ordinance, Complete Revised Chapter 4 (Appendix A) AGENDA ITEM SUMMARY: The purpose of this agenda item is for the consideration of two functional amendments to Alcoholic Liquor Ordinance, Chapter 4. The first revision is the addition of a definition that defines the term "full bar" which provides further guidance on the types of establishments that are eligible to apply for a "Class A full bar" license and the second is the creation of a "Personal :are Establishment" liquor license. Staff will be present to answer any questions Council may have. BACKGROUND: Part 1: The City currently does not have a definition that defines the term "full bar" as it relates to a Class A liquor license. Without defining the term "full bar" it is difficult for potential businesses and staff to know what types of business would qualify to apply for a Class A "Full Bar" liquor license. Part 2: Over recent months, the City has received inquiries from personal care businesses in town in regarAs to the offering of alcoholic beverages while customers are receiving personal care services. In conducting research into this topic staff has confirmed that numerous municipalities have recently established a special alcohol license called a "Personal Care Business" license. Notable municipalities adding this license in the area include; Algonquin, Barrington, Glenview and Niles. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. The purpose of this license would be to allow and regulate a personal care establishment to offer an alcoholic beverage not for traditional sale but to be offered at no charge when certain personal care services are offered and those services consume a minimum amount of time. The regulation and oversight of businesses involved in service or consumption of alcohol is directly linked to the safety of a community and those citizens who live, work and visit within it. ANALYSIS: As an analysis to both of these two topics, Staff had the opportunity to meet and discuss options with all of Council. As a result of this input Staff is recommending the following changes to Chapter 4; Alcoholic Liquor. Sec. 4-1. Definitions. Full Bar: An area within a business that is designed to store, sell, pour, serve and consume alcoholic beverages which includes a structure in the appearance of a counter, across which alcoholic beverages served. A full bar can be a standalone component of a business, whose primary service is the service of alcoholic beverages, or it may be a component added to a restaurant business who provides tabled food service and alcoholic beverage service as the two core components of the business. Full Service Personal Care Establishment: a business establishment that offers multiple personal care services that when giving individually or combined as a package require a minimum of (2) two hours to complete, which may include, but is not limited to; hair treatments, haircuts, nail treatments, body packs and wraps, exfoliation, waxing, aromatherapy, facials, and formal wear fitting events. Class F, (Full Service Personal Care Establishment) License: Issuance of a Class F license shall permit a Full Service Personal Care Establishment to serve (not sell) and consume beer and/or wine only for consumption on the licensed premises as an incidental part of a Full Service Personal Care Service Establishment. The annual fee for a Class F license shall be $250.00. The defined number of Class F licenses in force shall be determined by the amount of licenses authorized by Council, on a case by case basis, and any respective licenses that were revoked, not renewed or surrendered in accordance with this Code. Conditions of the Class F license shall include, but not be limited to, the following: a. Limited Individual Servings: The serving of beer and/or wine intended for consumption on the licensed premises shall be limited to individual servings of beer and/or wine as part of a package of personal care services. No more than two (2) servings of beer (each not to exceed 12 ounces) or wine (each not to exceed 4 ounces) per customer shall be permitted on the licensed premises per calendar day; b. Incidental to Business Operation: The serving of beer and/or wine for consumption on the licensed premises shall be merely incidental to the primary business operation of the licensed premises of a full service personal care services establishment, and the licensed premises shall not be advertised or otherwise held out to be a drinking establishment; c. Live Entertainment Prohibited: No live entertainment of any nature shall be permitted on the licensed premises; d. Daycare or Child Care Facilities: No Class F license will be issued to a personal care facility within 100 feet of a licensed daycare or childcare facility; and e. Minimum Business History: • Only establishments that have been in business within the City limits for a minimum of 12 months or, • applicants who have previously owned a personal care establishment in the City within the last 12 months that was in business for a minimum of 12 months and, • are in good standing with the City and State shall be eligible for application. Sec. 4-21. Closing hours. Class F licensees: In no case shall the serving, and/or consumption on the licensed premises of beer and/or wine take place outside of the normal business hours of the licensed premises and, in any event, not between the hours of 12 a.m. and 6 a.m. Attached to this agenda item Council will find the attached Ordinance which amends Chapter 4 (Alcoholic Liquor) of the Municipal Code to allow for (1) new definitions defining the term "Full Bar" as it relates to Class A licenses and "Personal Care Establishments", (2) the addition of a new Class F license identified as Personal Care Establishment and (3) revision to closing hours to account for the Class F license. A complete revised Chapter 4 with the proposed changes is also attached (Appendix A) for reference. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to adopt the attached Ordinance Amending Chapter 4: Alcohol Liquor; 4-1; Definitions, 4-6; License classification and fees; approval authority; limitation on number of licenses and 4-21; Closing hours. ORDINANCE NO. An Ordinance Amending Chapter At,, Alcoholic Liquor, Section 44 Definitions, Section 4.6 License classification and fees; approval authority, limitation on number of licenses and Section 4-21 Closing hours, of the City of McHenry's Municipal Code WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; WHEREAS, the City Council has determined that a definition of "Full Bar" is required when defining a Class A Liquor License. WHEREAS, the City Council has determined that there is a need to authorize and regulate the consumption of alcohol within certain businesses related to personal care establishments. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION l :Chapter 4, Alcoholic Liquor, Section 4-1, Definitions, shall include the following new definitions: Sec. 4-1. Definitions. Full Bar: An area within a business that is designed to store, sell, pour, serve and consume alcoholic beverages which includes a structure in the appearance of a counter, across which alcoholic beverages served. A full bar can be a standalone component of a business, whose primary service is the service of alcoholic beverages, or it may be a component added to a restaurant business who provides tabled food service and alcoholic beverage service as the two core components of the business. Full Service Personal Care Establishment: a business establishment that offers multiple personal care services that when gg individually or combined as a package require a minimum of (2) two hours to complete, which may include, but is not limited to; hair treatments, haircuts, nail treatments, body packs and wraps, exfoliation, waxing, aromatherapy, facials, and formal wear fitting events. SECTION 2: Chapter 4, Alcoholic Liquor, Section 4-6, License classification and fees; approval authority; limitation on number of licenses, shall include the following new license classification: Class F. (Full Service Personal Care Establishment) License: Issuance of a Class F license shall permit a Full Service Personal Care Establishment to serve (not sell) and consume beer and/or wine only for consumption on the licensed premises as an incidental part of a Full Service Personal Care Service Establishment. The annual fee for a Class F license shall be $250.00. The defined Alcohol License, Page 1 number of Class F licenses in force shall be determined by the amount of licenses authorized by Council, on a case by case basis, and any respective licenses that were revoked, not renewed or surrendered in accordance with this Code. Conditions of the Class F license shall include, but not be limited to, the following. a. Limited Individual Servings: The serving of beer and/or wine intended for consumption on the licensed premises shall be limited to individual servings of beer and/or wine as part of a package of personal care services. No more than two (2) servings of beer (each not to exceed 12 ounces) or wine (each not to exceed 4 ounces) per customer shall be permitted on the licensed premises per calendar day; b. Incidental to Business Operation: The serving of beer and/or wine for consumption on the licensed premises shall be merely incidental to the primary business operation of the licensed premises of a full service personal care services establishment, and the licensed premises shall not be advertised or otherwise held out to be a drinking establishment; c. Live Entertainment Prohibited: No live entertainment of any nature shall be permitted on the licensed premises; d. Daycare or Child Care Facilities: No Class F license will be issued to a personal care facility within 100 feet of a licensed daycare or childcare facility; and e. Minimum Business History: Only establishments that have been in business within the City limits for a minimum of 12 months or applicants who have previously owned a personal care establishment in the City within the last 12 months that was in business for a minimum of 12 months and are in good standing with the City and State shall be eligible for application. SECTION 3: Chapter 4, Alcoholic Liquor, Section 4-21, Closing Hours, shall include the following new Class F license hours: Sec. 4-21. Closing hours. Class F licensees: In no case shall the serving, and/or consumption on the licensed premises of beer and/or wine take place outside of the normal business hours of the licensed premises and, in any event, not between the hours of 12 a.m. and 6 a.m. SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Alcohol License, Page 2 SECTION 6: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Voting Aye: Voting Nay: Absent: Abstain: (SEAL) ATTEST: City Clerk Passed: APPROVED: Mayor Wayne Jett Approved: Z:\M\McHenryCityof\Oi•d inances\AlcoholicLiquoi•Amend. doc Alcohol License, Page 3 CERTIFICATION I, , do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the day of , 2019, the foregoing Ordinance entitled An Ordinance Amending Chapter 4, Alcoholic Liquor, Section 44 Definitions, Section 4.6 License classification and fees; approval authority; limitation on number of licenses and Section 4~21 Closing hours, of the City of McHenry's Municipal Code, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. ,including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the day of 2019, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of Clerk 2019. City of McHenry, McHenry County, Illinois (SEAL) Appendix A MUNICIPAL CODE CHAPTER 4 ALCOHOLIC LIQUOR Sec. 4-l0 Definitions. Unless the context otherwise requires, the following terms as used in this Chapter shall be construed according to the definitions given below: Agent means an authorized representative of the Licensee who has supervisory authority over all employees of the license premises. Alcoholic liquor means any spirits, wine, beer, ale or other liquid containing more than one-half of one per cent (1/2 of 1%) of alcohol by volume, which is fit for beverage pui poses. BASSET means a Beverage Alcohol Sellers and Servers Educational Training program or other similar program, licensed by the state Liquor Control Commission pursuant to 235 ILCS 5/2- 12(11.1) and 6-27 or Title 77 of the Illinois Administrative Code, Chapter XVI, Section 3500, as amended. BYOA means Bring Your Own Alcohol Catering Endorsement permits the service Alcoholic liquor for off site consumption as an incidental part of food service, sold at a package price as agreed upon under contract. Club means a corporation organized under the laws of this State, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of Alcoholic liquor. Full Bar means an area within a business that is designed to store, sell, pour, serve and consume alcoholic beverages which includes a structure in the appearance of a counter, across which alcoholic beverages served. A full bar can be a standalone component of a business, whose primary service is the service of alcoholic beverages, or it may be a component added to a restaurant business who provides tabled food service and alcoholic beverage service as the two core components of the business. Full Service Personal Care Establishment is a business establishment that offers multiple personal care services that when giving individually or combined as a package require a minimum of (2) two hours to complete, which may include, but is not limited to; hair treatments, haircuts, nail treatments, body packs and wraps, exfoliation, waxing, aromatherapy, facials, and formal wear fitting events. Hotel means any building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which twenty-five (25) or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity. Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served without sleeping accommodations, such place being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. Retail sale means the sale for use or consumption, and not for re -sale in any form. Sec. 4-2. Mayor designated Liquor Control Commissioner; assistants. The Mayor of the City shall act as Local Liquor Control Commissioner of the City and, in the event of a conflict preventing the Mayor from so acting, the designated Local Liquor Control Commissioner is the City Administrator. Sec. 4-3. License required. It shall be unlawful for a business or establishment to sell or offer for sale at retail or allow the possession or consumption of alcohol without having a valid Liquor License in accordance with Chapter 4, Section 4-6 of the McHenry Municipal Code. Sec. 4-4. Applications for licenses. Applications for licenses required by this Chapter shall be verified in writing and on a form provided by the City Administrator, signed by the applicant. All applications shall contain the Following information and statements which shall be true and accurate by the person signing the application: (a) The name, age and address of the applicant in the case of an individual; in the case of a partnership, the persons entitled to share in the profits thereof, and in the case of a corporation, Club, or limited liability company the date of incorporation or organization, the objects for which it was organized, the names and addresses of the officers, managers, members, directors, and all shareholders owning more than 5% of the corporate stock or membership interest. (b) The citizenship of the applicants) and corporation officers, managers and members, their place of birth and if a naturalized citizen, the time and place of their naturalization. (c) The length of time that said applicants) or company has been in the business of selling Alcoholic liquor. (d) The location and description of the premises or place of business which is to be operated under such license. (e) A statement whether the applicants) or company has made a similar application for a similar license on premises other than described in this application and the disposition of such application. (f) A statement whether applicant(s) or corporation officers, managers and members have ever been convicted of a felony or have been previously disqualified to receive a license for any reason. (g) Whether a previous license held by the applicant(s) or corporation's officers, managers and members, by any state or subdivision thereof, or by the federal government has ever been revoked and the reasons therefore. (h) A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States, or any ordinance of this City in the conduct of the proposed business. (i) Such additional information that the Local Liquor Control Commissioner determines to be useful in evaluating the application. (j) The name, age, address, and contact information for an Agent who shall at all times be able to meet with City officials, whether at the licensed premises or elsewhere in the City, to address concerns about activities at the premises or other issues relating to the license. Sec. 4-5. Ineligibility. No license shall be issued to: (a) A person who resides more than 10 miles outside the City, unless the Agent designated on their license application lives within 10 miles of the City. (b) A person who is not of good character and reputation in the City of McHenry or community in which they reside. (c) A person who is not a citizen of the United States. (d) A person who has been convicted of a felony under any Federal or State law. (e) A person whose license issued under this Chapter has been revoked for cause. (f) A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application. (g) A partnership, if any partner would not be eligible to receive a license hereunder for any reason other than residency within the City, unless the ineligible partners have in the aggregate less than 5% of the partnership interests. (h) A limited liability company, if any officer, manager, or member would not be eligible to receive a license for any reason other than citizenship and residence within the City, unless the ineligible members own in the aggregate less than 5% of the membership interests. 3 (i) A corporation, if any officer, manager, director, or stockholder would not be eligible to receive a license for any reason other than citizenship and residence within the City, unless the ineligible shareholders own in the aggregate less than 5% of any class of stock. (j) A trust or any other type of organization that is not a partnership, corporation, or limited liability company. (k) A corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the "Business Corporation Act of 1983 to transact business in Illinois. (1) A person who has been convicted of a violation of any Federal or State law concerning the manufacture, possession or sale of Alcoholic liquor, subsequent to the passage of this Ordinance, or shall have forfeited his bond to appear in Court to answer charges for any such violation. (m) A person who does not beneficially own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued. (n) Any person, partnership, limited liability company, or corporation not eligible for a State retail liquor dealer's license. (o) Any current City of McHem•y police officer, Mayor, Alderman/Alderwoman or department head, unless authorized by a majority vote of the City Council. (p) A person who is not a beneficial owner of the business to be operated by the licensee. (q) Any person whose application for• liquor license contains false statements or misrepresentations thereon. (r) Any person whose designated Agent would be ineligible for a license under this Section. Sec. 4-6. License classification and fees; approval authority; limitation on number of licenses. Licenses required by this Chapter shall be divided into the following classes. The approval and authority to issue liquor licenses is the responsibility of the Liquor Control Commissioner with the approval of the City Council. The Liquor Control Commissioner or appointed designee may issue Class D "Special Event" licenses and Class E "Bring Your Own Alcohol" licenses without prior Council approval when the license does not involve the use of additional City services or public property. Upon approval by the City Council of an increase in Class A, Class B and Class C liquor licenses and by the Mayor of Class E liquor licenses, the City Clerk is hereby du•ected to amend this Section of the City Code to increase the number of liquor licenses accordingly. Any time a license is revolted or voluntarily surrendered, the maximum number of authorized licenses of that class will reduce by one, and the City Clerk is hereby directed to amend this Section of the Code to reflect that reduction. In the event a new license is issued after May 1 st of the year, the license fee for that fiscal year will be prorated monthly to account for the remaining months in the year. (a) Class A ("Full Bar") license. Issuance of a Class A license shall authorize the sale of Alcoholic liquor for consumption on the premises, and the retail sale of packaged liquor. The annual fee for such licenses shall be $1,500.00. A Class A licensee shall be eligible to apply for a Catering Endorsement for an additional fee of $300, which shall permit the service Alcoholic liquor for off -site consumption as an incidental part of food service, sold at a package price, as agreed upon under contract. Nonprofit organizations with a Class A license shall be eligible to pay a reduced fee of $500 per year to receive and maintain a Class A license. No more than 40 Class A licenses shall be in force in the City at any time. (b) Class B ("Table Service") license. Issuance of a Class B license shall authorize the sale of Alcoholic liquor, for consumption on the premises only and all sales, service, and consumption of Alcoholic liquor shall only be at tables. No bar sales shall be permitted. The annual fee for a Class B license shall be $800. No more than 17 Class B licenses shall be in force in the City at any time. (c) Class C ("Packaged Retail") license. Issuance of a Class C license shall authorize the Retail sale of packaged Alcoholic liquor only. No consumption of Alcoholic liquor shall be permitted on the premises. The annual fee for a Class C license shall be $1,100. No more than 23 Class C licenses shall be in force in the City at any time. (d) Class D ("Special Event") license. Issuance of a Class D license shall only authorize the Retail sale of Alcoholic liquor for consumption on the premises during a designated special event. No such license shall be issued for a license period in excess of 3 days nor shall any private premises be eligible for more than eight such licenses during any calendar year. The fee for such license shall be $100.00 per event. The premises shall be considered unlicensed both immediately before and immediately after any Special Event license period. (e) Class E ("BYOA") license. Issuance of a Class E license shall allow for the legal consumption of alcohol within the premises of an establishment or business that is open to the public and does not otherwise possess a City issued liquor license. Issuance of a Class E license does not permit the owner, manager or staff of the business to sell or serve alcoholic liquor to customers. The annual fee for a BYOA license shall be $250.00. No more than (2) two Class E licenses shall be in force in the City at any time. Conditions of the BYOA license are as follows: 1. The licensee shall only permit BYOA to occur on the premises in conjunction with the purchase of a service within the establishment; 2. Only patrons who are over the age of (21) twenty-one and that are participating in the service of the business shall be permitted to consume alcohol that has been provided by the patrons; 3. The licensee may provide glassware and ice to patrons but may not serve alcohol; and 4. It shall be unlawful for any person to carry, transport or possess liquor in an unsealed 5 and open condition. (f) Class F, (Full Service Personal Care Establishment) License. Issuance of a Class F license shall permit a Full Service Personal Care Establishment to serve (not sell) and consume beer and/or wine only for consumption on the licensed premises as an incidental part of a Full Service Personal Care Service Establishment. The annual fee for a Class F license shall be $250.00. The defined number of Class F licenses in force shall be determined by the amount of licenses authorized by Council, on a case by case basis, and any respective licenses that were revoked, not renewed or surrendered in accordance with this Code. Conditions of the Class F license shall include, but not be limited to, the following: a. Limited Individual Servings: The serving of beer and/or wine intended for consumption on the licensed premises shall be limited to individual servings of beer and/or wine as part of a package of personal care services. No more than two (2) servings of beer (each not to exceed 12 ounces) or wine (each not to exceed 4 ounces) per customer shall be permitted on the licensed premises per calendar day; b. Incidental to Business Operation: The serving of beer and/or wine for consumption on the licensed premises shall be merely incidental to the primary business operation of the licensed premises of a frill service personal care services establishment, and the licensed premises shall not be advertised or otherwise held out to be a drinking establishment; c. Live Entertainment Prohibited: No live entertainment of any nature shall be permitted on the licensed premises; d. Daycare or Child Care Facilities: No Class F license will be issued to a personal care facility within 100 feet of a licensed daycare or childcare facility; and e. Minimum Business Hi(tory: Only establishments that have been in business within the City ts fora minimum of 12 months or applicants who have previously owned a personal care establishment in the City within the last 12 months that was in business for a minimum of 12 months and are in good standing with the City and State shall be eligible for application. Sec. 4-7. Effect on license if holder becomes ineligible. If the Licensee identified on the license discontinues operations at the premises described in the application and license for a period of 30 consecutive days (except as hereafter set forth or businesses that are seasonal by nature), or whenever there is clear evidence of an intent of the licensee to abandon the premises, said license shall be deemed void, and the license shall cease to exist upon written notice to the Licensee by the Local Liquor Control Commissioner. Thereafter, the total number of available licenses for that class shall be reduced by action of the City Council. If said discontinued operation is due to fire or other such damage wherein the Building Inspector deems the premises uninhabitable, said 30-day period shall be tolled until occupancy is granted by the Building Inspector. Sec. 4-8. Disposition of fees. All license fees shall be paid to the Mayor at the time application is made, and shall be forthwith turned over to the Finance Director. In the event the license applied for is denied, the fee shall be returned to the applicant; if the license is granted, then the fee shall be deposited in the general corporate funds or in such other funds as shall have been designated by the Council. Sec. 4-9. Personal nature of licenses; expiration date. 6 A license shall be a purely personal privilege, good for the license period which shall expire on April 30th next following the date of issuance, unless sooner revoked, and shall not constitute property nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that executors or administrators, of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of Alcoholic liquor, may continue the business of the sale or manufacture of Alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy until the expiration of such license but not longer than 6 months after the death, insolvency or bankruptcy of such licensee. A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented fiom operating under such license in accordance with the provisions of this Section. Sec. 4-10. License renewal. (a) Any licensee may renew his license at the expiration thereof, provided he is then qualified to receive a license and the premises for which such renewal privilege is sought are suitable for such purpose; and provided further, that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the Mayor and City Council fiom decreasing the number of licenses to be issued in his jurisdiction. (b) A licensee may during the first 15 days of the license period waive his renewal privilege in writing to a new operator without first malting application for a renewal of license in his own name, thereby surrendering his privilege of renewal. Sec. 4-11. Effect on license due to change in ownership; transfer fee. (a) Any changes in partnership, officers, directors, persons holding directly or beneficially more than 5% of the stock, partnership, membership, or ownership interest, managers of businesses licensed under this Chapter, shall be reported in writing to the Liquor Control Commissioner within 10 days of the change. All new personnel shall meet the standards of this Chapter and must otherwise qualify to hold a liquor license. All such changes in personnel shall be subject to review by the Local Liquor Control Commissioner within 30 days of the change. (b) Upon such a change in ownership, the pre-existing license shall be deemed terminated and the new license shall be applied for by the new ownership, and a transfer fee of $250 shall be paid. Sec. 442. License for one location only. Licenses issued hereunder apply only to the premises described in the application and in the license issued thereon, and only one location shall be so described in each license. Sec. 443. Sales near churches, schools, etc. No license shall be issued under the terms and conditions of this Chapter for the sale at retail of any Alcoholic liquor within a distance of 100 feet of any church, school, or hospital. No person 7 shall hereafter engage in the business of retail of any Alcoholic liquor within a distance of 100 feet of any undertaking establishment or mortuary. Notwithstanding any provision of this Section to the contrary, the Local Liquor Commissioner may, in his discretion, based on the circumstances, grant an exemption to the prohibition in this paragraph. Sec. 4-14. License revocation authorized. (a) No person holding a license issued by the City shall, in the conduct of the licensed business or upon the licensed premises, either directly or through an Agent or employee of the licensee: 1. Violate ar• permit a violation of any federal law or state statute related to the control of liquor. 2. Violate or permit a violation of any city ordinance or resolution regulating the sale of Alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission as revised from time to time. 4. Permit the sale and/or consumption of any Alcoholic liquor outdoors except upon issuance of specific permit or license by the McHenry City Council. 5. Permit the sale and/or consumption of any Alcoholic liquor outdoors during a Special Civic Event without an endorsement under Section 4-24. 6. Allow fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee, as defined in the McHenry City Code, to take place on the licenses premises or on, about and/or adjacent to the property where the licenses premises are located. 7. Knowingly allow the use, sale or possession of illegal narcotics on the licensed premise. 8. Allow patrons to serve or distribute Alcoholic liquor to minors on the licensed premises or allow minors to drink Alcoholic liquor on the licensed premises. 9. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. 10. Submit to the Mayor an application for license containing a false or misleading statement. (b) Proof before the Liquor Control Commissioner of the facts which establish a violation of any federal law, state statute, City ordinance or resolution or rule of the Illinois Liquor Control Commission shall be sufficient cause for revocation, suspension, alteration of hours on a temporary or permanent basis and fine of any liquor licensee, irrespective of whether or not a conviction has been obtained in any court. In addition, the licensee shall be obligated to reimburse the City for all attorney's fees incurred as a result of the prosecution of the offending licensee. (c) All appeals from the decision of the City of McHenry Local Liquor Control Commissioner shall be limited to a review of the official record of proceedings. Sec. 4-15. Relicensing after revocation. If such license shall be permanently revoked, no license shall be granted to any person for a period of 1 year thereafter for the conduct of the business of selling Alcoholic liquor in the premises described in such revoked license. Sec. 4-16. Hearing on revocation. No license issued hereunder shall be revoked except after a hearing, with at least 3 days' notice having been given to the licensee for an opportunity to appear and defend the charges against him. Sec. 4-17. Peddling. It shall be unlawful to peddle Alcoholic liquor in the City. Sec. 4-18. Sanitation generally. All premises used for the Retail sale of Alcoholic liquor, or for the storage of such liquor for such sale, shall comply in all respects with the provisions of this Code. Sec. 4-19. Minimum age of bartenders and persons serving Alcoholic liquor. No licensee hereunder may employ any person under the age of 21 years for the purpose of bar•tending or drawing, pouring, dispensing or mixing any Alcoholic liquor. Provided however, this Section shall not prohibit licensees fi•om employing persons 18 years of age or older to serve Alcoholic liquor to customers at tables in Restaurants for consumption on the premises. Sec. 4-20. Minimum age of persons conducting Retail sale of packaged Alcoholic liquor. No licensee hereunder may employ any person under the age of 21 years for the purpose of conducting the sale of any Alcoholic liquor in packages. Sec. 4-21. Closing hours. Except as otherwise provided for herein, it shall be unlawful to sell or offer for sale at retail, give away or deliver, either in, upon or from any licensed premises as follows: Class A licensees: • Monday through Friday: between the hours of 1 a.m. and 6 a.m. • Saturday and Sunday: between the hours of 2 a.m. and 6 a.m. E Provided, however, on Memorial Day (observed), Thanksgiving Day, New Year's Day and Independence Day (4"' of July), when those holidays fall on Monday — Friday, it shall be lawful for Class A licensees to sell alcoholic liquor until 2 a.m. Class B & C licensees: • Between the hours of 12 a.m. and 6 a.m. any day of the week Class D and E licensees: • As defined on the Special Event Liquor License and BYOA License, but not between the hours of 12 a.m. and 6 a.m. Class F licensees: • In no case shall the serving, and/or consumption on the licensed premises of beer and/or wine take place outside of the normal business hours of the licensed premises and, in any event, not between the hours of 12 a.m. and 6 a.m. During prohibited hours, it shall be unlawful to keep open for business, to admit the public to, to permit the public to remain within or to permit the consumption of Alcoholic liquor by employees or members of the public in or upon the licensed premises. Officers of the City's Police Department shall be permitted access for purposes of inspection to ensure compliance with this Section. Sec. 4-22. Use of premises following legal closing hours. Every location in which Alcoholic liquor is sold under this Chapter shall observe the following rules and regulations: (a) Within 15 minutes after required closing, all customers shall be off the premises, and all containers of alcohol shall be emptied and removed from the areas accessible to customers. (b) During said 15-minute period, no employee shall be stationed behind the bar or any service counter for the sale of Alcoholic liquor provided, however, that if there are no customers on the premises during such period of time, employees may go behind such bar or service counter for any purpose other than for the sale or dispensation of Alcoholic liquor. (c) All exterior lights shall be extinguished at the closing hour in effect for that day. (d) After the expiration of the said 15 minutes, employees may proceed with such nightly clean-up routine as may be desired in any section of the premises. (e) No patrons shall be permitted entrance into the premises after the closing hour, and all doors of the establishment shall be locked at the closing hour. (f) Employees of any licensed establishment shall immediately upon request admit officers of the McHenry Police Department for the purpose of inspection of the premises to ensure compliance with the provisions of this Section. Sec. 4-23. View from street. 10 In premises upon which the sale of Alcoholic liquor for consumption on the premises is licensed, no screen, blind, curtain, partition, article or thing shall be permitted in the windows or upon the doors of such licensed premises nor inside such licensed premises, which shall prevent a clear view into the interior of such licensed premises from the street, road or sidewalk at all times, and no booth, screen, partition or other obstruction nor any arrangement of lights or lighting shall be permitted in or about the interior of such premises which shall prevent a clear and full view of the entire interior of such premises from the street, road or sidewalk, and such premises shall be so located as to provide for such a view. All rooms where liquor is sold for consumption upon the premises shall be continuously lighted during business hours by natural light or by artificial white light so that all parts of the interior of the premises shall be clearly visible. In case the view into any such licensed premises required by the foregoing provisions, shall be willfully obscured by the licensee or by him willfully suffered to be obscured or in any manner obstructed, then such license shall be subject to revocation in the manner herein provided. In order to enforce the provisions of this Section the Mayor shall have the right to require the filing with the City of plans, drawings and photographs showing the clearance of the view as above required. Sec. 4-24. Special Civic Events. The City Council and the Local Liquor Control Commissioner may from time to time announce certain Special Civic Events, such as Fiesta Days, where outdoor and public property alcoholic sales and consumption may be permitted. Any Class A or B licensee wishing to sell Alcoholic liquor outdoor and on public property at Special Civic Events must attend a meeting of licensees at a time and place designated by the Local Liquor Control Commissioner or his designee. Notice of the meeting will be sent to all Class A and B licensees approximately one month prior to the Special Civic Event. At the completion of the meeting, each licensee will receive a Special Civic Event Endorsement permitting off -premise, outdoor and public property sales on a restricted basis specified in the endorsement. Sec. 4-25. Purchasing, accepting, possessing, consuming by minors. (a) The purchase, acceptance or possession of any Alcoholic liquor by any person under the age of 21 years is forbidden. This Section does not apply to possession by a person under the age of 21 years making a delivery of an Alcoholic liquor in pursuance of the order of his parent or in pursuance of his employment. (b) The consumption of any Alcoholic liquor by any person under the age of 21 years is forbidden. (c) The possession and dispensing or consumption by a minor of Alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a minor under the direct supervision and approval of the parents or parent of such minor in the privacy of a home, is not prohibited by this Section. Sec. 4-26. Sale or delivery to minors. No licensee nor any officer, associate, member, representative, Agent or employee of such licensee shall sell, give or deliver Alcoholic liquor to any person under the age of 21 years or to any intoxicated person or to any person known by him to be intoxicated or suffering from any mental illness. No person, after purchasing or otherwise obtaining Alcoholic liquor, shall sell, give or 11 deliver such Alcoholic liquor to another person under° the age of 21 years, except in the performance of a religious ceremony or service. Sec. 44.7. Illinois BASSET Alcohol Certification Program. (a) Successful completion of a BASSET program, or other similar program as approved by the Chief of Police and the Illinois Liquor Control Commission, is required for all persons who sell or serve Alcoholic liquor, all management personnel working in a licensed premises, and anyone whose job description entails the checking of identification for the purchase of Alcoholic liquor pursuant to the license. (b) Any new owner, manager, employee, or Agent requiring BASSET training shall, within 30 days from their first day of employment or other association with a licensee, enroll in a BASSET approved program and then complete the program successfully within 60 days of enrollment. Until successful completion of the program, such person shall work under the direct supervision of a person who is BASSET certified. (c) BASSET certification or other approved training shall be valid only for three years or such shorter time as may be specified by the certification program. After the certification expires, re -certification is required. If there is a lapse in certification, the individual must work under the direct supervision of a person who is BASSET certified. Any lapse in certification of more than 60 days shall be a violation of this Chapter. (d) Photocopies of certificates of completion of a BASSET program shall be maintained by the licensee in a manner that will allow inspection, upon demand, by a member of the Police Department or the Local Liquor Control Commission. In addition, a copy of each BASSET certification must be presented to the McHenry Police Department (Investigation Section) upon completion. (e) In the event a licensed premises is found to be in violation of any provision of this Chapter or the Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq.), the Commissioner, within their sole discretion, and in addition to any other actions which may be taken in response to violations of this Chapter, may require all persons who sell or serve Alcoholic liquor and/or all management personnel working in a licensed premises and/or anyone whose job description entails the checking of identification for the purchase of Alcoholic liquor pursuant to the license to re -apply, attend and successfully complete a BASSET program at the Police Department. Sec. 4-28. Misrepresenting age. Any person under the age of 21 years who misrepresents his or her age for the purpose of purchasing or obtaining Alcoholic liquor from any retail licensee in the City shall be guilty of violating this Code. Sec. 4-29. Warning to minors. All licensees under this Chapter shall display at all times, in a prominent place, a printed card which shall read substantially as follows: 12 WARNING TO MINORS You are subject to a fine of up to $750.00 under the ordinances of the City of McHenry if you are under the age of 21 and purchase Alcoholic liquor or misrepresent your age for the purpose of purchasing or obtaining Alcoholic liquor. Sec. 4-30. Parental responsibility for violations. Any parent or guardian who shall knowingly suffer or permit any minor child who is his child or ward, to violate any provision or provisions of this Chapter, shall be guilty of violating this Code. Sec. 4-31. Prohibitions. (a) It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the City, at which Alcoholic liquor is offered for sale for consumption on the premises, to permit or allow the following activity to be conducted on the premises of such a commercial establishment, all of which activity is defined in Article 1 of Chapter 2.50 of this Code: adult business; adult entertainment center; adults -only activity, bookstore, motion picture theater(s), adult -only sauna; nudity; obscene activity; rap parlor; sadomasochistic activity; or sexual conduct activity. (b) It shall be unlawful for any establishment defined as an adult business pursuant to the City of McHenry Zoning Ordinance to sell, distribute or permit Alcoholic liquor on the premises. Sec. 4-32. Penalty for violation of Chapter. Any person, firm or corporation violating any provision of this Chapter shall be subject to license suspension or revocation, alteration of hours on a temporary or permanent basis and fines of not less than $400.00 nor more than $1,000.00 for each offense committed on each day during, or on which, a violation occurs or continues, plus reimbursement of legal fees incurred by the City in the prosecution of liquor code violations against the licensee. Published 5-20-19 13 John R. Birk, Chief of Police McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 jbirk@ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: June 17th, 2019 TO: Mayor and City Council FROM: John R. Birk, Chief of Police RE: Consideration of an Ordinance to Amend Chapter 9: Devices, Coin Operated, Section 940, Video Gaming Terminals ATT: Proposed Ordinance, Complete Revised Chapter 4 (Appendix A) AGENDA ITEM SUMMARY: The purpose of this agenda item is for the consideration of Council's approval of the rewrite of Chapter 9, Section 940, Video Gaming Terminals. This rewrite includes key changes in; Council authority to issue licensing, fees, definitions, and written agreements in regards to terms (including signage and partitions). Attached to this agenda, Council will find a complete proposed version of the new ordinance for potential approval. Staff is present to answer any questions Council may have. BACKGROUND: In May of 2019 Staff brought forward the discussion item of "Personal Care Establishment" liquor licensing at the May 20th Council Meeting. During this discussion Council continued existing conversations regarding the link between video gaming and liquor licensing and expressed their continued concern to better regulate video gaming within the City. As staff began to further research video gaming authority as a means to provide guidance to Council, case law established with the Illinois Appellate Court; 15t District (2015 IL App 1-14- 3822) was examined and reviewed by legal counsel. The results of the review confirmed that the City possess the authority to regulate video gaming on the municipal level as a matter of local government authority. This ruling supports Council's desire to have better control over video gaming as it relates to the health, safety and general welfare of the residents of McHenry. ANALYSIS: As an analysis to this topic Staff had the opportunity to meet and discuss options with all of Council. As a result of this individual input by Council, Staff is recommending the following The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. language to repeal and replace Chapter 9; Devices, Coin Operated, Section 9-1u, Video Gaming Terminals in its entirety. A. De initions. As used in this section, the following terms shall have the meanings so indicated: "Video Gaming Establishment" —Any establishment holding a valid and current Video Gaming Establishment License issued by the City. In order to qualify for an Establishment License, the establishment must: 1. Hold a current and valid video gaming location license issued by the Illinois Gaming Board; 2. Hold a current and valid Class A (Full Bar) or Class B (Table Service) liquor license in accordance with Chapter 4 of the City Code or hold a valid Class C license with a truck stop endorsement as defined by Illinois statute; 3. Meet all other criteria required by applicable law of the State of Illinois and/or the City of McHenry, as may be amended from time to time; and "Video Gaming Terminal" —Any electronic video game machine that, upon insertion of cash, electronic cards or vouchers, or any combination thereof, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, as authorized by the Board utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only. This definition shall be expanded by any amendments to the Video Gaming Act, 2301LCS 4015. 8. License Required. No person or establishment shall have, keep, or operate, a Video Gaming Terminal in any place or public resort, unless a is a licensed Video Gaming Establishment and every Video Gaming Terminal therein is annually licensed in accordance with these regulations. C. Limitation of Video Gaming Establishment Licenses. Unless and until the City Council acts on an application for an additional Video Gaming Establishment License, the existing maximum number of Video Gaming Establishment Licenses shall not be increased. When a Video Gaming Establishment License is revoked or relinquished, or is not renewed, the maximum number of Video Gaming Establishment Licenses shall be reduced for each such revocation, relinquishment or nonrenewal. D. Limitation on Video Gaming Terminals. Individual Video Gaming Terminal Licenses shall be issued by the City Administrator or designee but only after a Video Gaming Establishment License is authorized by Council. No authorized Video Gaming Establishment shall be issued more than five (5) individual video gaming terminal licenses. E. Applications for Gaming License. All applications for Video Gaming Establishment and Video Gaming Terminal Licenses issued by the City shall be completed on forms provided by and filed with the City Clerk. All applications shall conform to the general provisions set forth in Chapter 12, Licenses Generally of the Municipal Code, as well as the State of Illinois, through the Illinois Gaming Board, and pursuant to the Illinois Video Gaming Act and the rules and regulations implemented thereto. F. Action on Filed Applications. Filed applications for Video Gaming Establishments shall be submitted to the City Council for approval or denial. The City Council may issue or deny the application, within its sole discretion, taking into consideration factors including, but not limited to the following: location of the applicant's establishment, past history of the applicant and its principals, the nature of any proposed business(es) associated with the applicant, surrounding property uses, and any other factors deemed relevant by the City Councilmembers regarding aesthetics, the character of the community, and welfare of the public. Issuance of a liquor license shall not entitle the holder to renewal of a Video Gaming License, and no protectable property interest or vested right shall have been created. G. Development Agreement: All Video Gaming Establishment Licenses shall be subject to a written agreement between the Licensee and the City Administrator addressing issues deemed relevant by the City Council, including, but not be limited to outdoor signage and partitions. With regard to partitions, at a minimum, the agreement shall provide that all Class B Liquor License holders, and all Class A Liquor License holders whose business includes table seating for patrons under the age of 21, must erect a partition that effectively separates the gaming area from visible view of the remaining customer area of the business. Plans and specifications of the partition shall be included with the agreement. Video monitoring of the gaming area by staff must be installed in all locations in which any full partition is installed where the view of the gaming area by staff is screened out. H. City Clerk to Administer Licenses. Upon approval of the issuance of a City Video Gaming Establishment License the City Clerk is hereby directed to increase the maximum number of authorized City issued gaming licenses accordingly. Any time a City issued gaming license is revoked or voluntarily surrendered, the City Clerk is hereby directed to reduce the maximum number of authorized City issued gaming licenses accordingly. 1. Annual Video Gaming Establishment Fee and Video Gaming Terminal Fees. The annual license fee payable to the City shall be $1,000 for each Video Gaming Establishment and $1,000 for each Video Gaming Terminal. Fees for licenses obtained, revoked, or relinquished in the middle of the license year shall not be reduced or refunded. The fees for any not for -profit establishment shall be $250 for the annual Video Gaming Establishment and $250 for each annual Video Gaming Terminal License. All renewal fees shall be paid prior to May 15T of each year as licenses are effective from May 1st through the following April 30th, J. Inspection. The City reserves the right to inspect the premises of any licensed Video Gaming Establishment for compliance with these regulations and all other applicable ordinances. Refusal of inspection is ground for revocation of all video gaming licensing. K. Display of Licenses. Upon approval of the Video Gaming Establishment License including receipt of the payment of the license fee, the City shall issue a license certificate bearing the notation "City of McHenry Video Gaming Establishment License". One license shall be issued for each licensed Video Gaming Establishment and list the number of Video Gaming Terminals licensed for said Establishment and it shall be affixed in a conspicuous place near any Video Gaming Terminals. Upon approval of the Video Gaming Terminal License including receipt of payment for each Video Gaming Terminal, a licensing sticker issued by the City must be affixed to each Video Gaming Terminal and visible for inspection. L. Existing Video Gaming Establishments. Upon renewal of each Video Gaming Establishment, in existence at the time of adoption of this Ordinance, each licensee shall enter into the Development Agreement referenced in sub -paragraph G, above. Attached to this agenda item Council will find the attached Ordinance which amends Chapter 9; Devices, Coin Operated, Section 9-10, Video Gaming Terminals. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to adopt the attached Ordinance Amending Chapter 9: Devices, Coin Operated, Section 9-10, Video Gaming Terminals in its entirety. ORDINANCE NO. All Ordinance Amending Chapter 9, Devices, Coin -Operated, Section 940, Video Gaming Terminals, of the City of McHenry's Municipal Code WHEREAS, the City of McHemy, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; WHEREAS, the City Council has determined that gambling activities related to The Video Gaming Act, 230 ILCS 40/1 et seq., impact the character and aesthetics of the City, and the general health, welfare, safety and financial stability of the City's residents, and that additional regulations stated herein are necessary to maintain the overall character of the City. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Chapter 9, Devices, Coin -Operated, Section 9-10, Video Gaming Terminals, shall be fully replaced in its entirety and restated as follows: Sec. 9-10 Video Gaming Terminals. A. Definitions. As used in this section, the following terms shall have the meanings so indicated: "Video Gaming Establishment" —Any establishment holding a valid and current Video Gaming Establishment License issued by the City. In order to qualify for an Establishment License, the establishment must: 1. Hold a current and valid video gaming location license issued by the Illinois Gaming Board; 2. Hold a current and valid Class A (Full Bar) or Class B (Table Service) liquor license in accordance with Chapter 4 of the City Code or hold a valid Class C license with a truck stop endorsement as defined by Illinois statute; 3. Meet all other criteria required by applicable law of the State of Illinois and/or the City of McHenry, as may be amended from time to time; and "Video Gaming Terminal" —Any electronic video game machine that, upon insertion of cash, electronic cards or vouchers, or any combination thereof, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, as authorized by the Board utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The Video Gaming Terminals, Page 1 term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only. This definition shall be expanded by any amendments to the Video Gaming Act, 230 ILCS 40/5. B. License Required. No person or establishment shall have, keep, or operate, a Video Gaming Terminal in any place or public resort, unless it is a licensed Video Gaming Establishment and every Video Gaming Terminal therein is annually licensed in accordance with these regulations. C. Limitation of Video Gaming Establishment Licenses. Unless and until the City Council acts on an application for an additional Video Gaming Establishment License, the existing maximum number of Video Gaming Establishment Licenses shall not be increased. When a Video Gaming Establishment License is revoked or relinquished, or is not renewed, the maximum number of Video Gaming Establishment Licenses shall be reduced for each such revocation, relinquishment or nonrenewal. D. Limitation on Video Gaming Terminals. Individual Video Gaming Terminal Licenses shall be issued by the City Administrator or designee but only after a Video Gaming Establishment License is authorized by Council. No authorized Video Gaming Establishment shall be issued more than five (5) individual video gaming terminal licenses. E. Applications for Gaming License. All applications for Video Gaming Establishment and Video Gaming Terminal Licenses issued by the City shall be completed on forms provided by and filed with the City Clerk. All applications shall conform to the general provisions set forth in Chapter 12, Licenses Generally of the Municipal Code, as well as the State of Illinois, through the Illinois Gaming Board, and pursuant to the Illinois Video Gaming Act and the rules and regulations implemented thereto. F. Action on Filed Applications. Filed applications for Video Gaming Establishments shall be submitted to the City Council for approval or denial. The City Council may issue or deny the application, within its sole discretion, taking into consideration factors including, but not limited to the following: location of the applicant's establishment, past history of the applicant and its principals, the nature of any proposed business(es) associated with the applicant, surrounding property uses, and any other factors deemed relevant by the City Councilmembers regarding aesthetics, the character of the community, and welfare of the public. Issuance of a liquor license shall not entitle the holder to renewal of a Video Gaming License, and no protectible property interest or vested right shall have been created. G. Development Agreement: All Video Gaming Establishment Licenses shall be subject to a written agreement between the Licensee and the City Administrator addressing issues deemed relevant by the City Council, including, but not be limited to outdoor signage and partitions. With regard to partitions, at a minimum, the agreement shall provide that all Class B Liquor License holders, and all Class A Liquor License holders whose business Video Gaming Terminals, Page 2 includes table seating for patrons under the age of 21, must erect a partition that effectively separates the gaming area from visible view of the remaining customer area of the business. Plans and specifications of the partition shall be included with the agreement. Video monitoring of the gaming area by staff must be installed in all locations in which any full partition is installed where the view of the gaming area by staff is screened out. H. City Clerk to Administer Licenses. Upon approval of the issuance of a City Video Gaming Establishment License the City Clerk is hereby directed to increase the maximum number of authorized City issued gaming licenses accordingly. Any time a City issued gaming license is revoked or voluntarily surrendered, the City Clerk is hereby directed to reduce the maximum number of authorized City issued gaming licenses accordingly. I. Annual Video Gaming Establishment Fee and Video Gaming I"erminal Fees. 'The annual license fee payable to the City shall be $1,000 for each Video Gaming Establishment and $1,000 for each Video Gaming Terminal. Fees for licenses obtained, revoked, or relinquished in the middle of the license year shall not be reduced or refunded. The fees for any not4or-profit establishment shall be $250 for the annual Video Gaming Establishment and $250 for each annual Video Gaming Terminal License. All renewal fees shall be paid prior to May 1 st of each year as licenses are effective from May 1st through the following April 30t" J. Inspection. The City reserves the right to inspect the premises of any licensed Video Gaming Establishment for compliance with these regulations and all other applicable ordinances. Refusal of inspection is ground for revocation of all video gaming licensing. K. Display of Licenses. Upon approval of the Video Gaming Establishment License including receipt of the payment of the license fee, the City shall issue a license certificate bearing the notation "City of McHenry Video Gaming Establishment License". One license shall be issued for each licensed Video Gaming Establishment and list the number of Video Gaming Terminals licensed for said Establishment and it shall be affixed in a conspicuous place near any Video Gaming Terminals. Upon approval of the Video Gaming Terminal License including receipt of payment for each Video Gaming Terminal, a licensing sticker issued by the City must be affixed to each Video Gaming Terminal and visible for inspection. L. Existing Video Gaming Establishments. Upon renewal of each Video Gaming Establishment, in existence at the time of adoption of this Ordinance, each licensee shall enter into the Development Agreement referenced in sub -paragraph G, above. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. Video Gaming Terminals, Page 3 SECTION 34 All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Voting Aye: Voting Nay: Absent: Abstain: APPROVED: Mayor Wayne Jett (SEAL) ATTEST: City Clerk Passed: Approved: Z:\M\McHemyC ityoflOrdinances\V ideoGamingAmend. do c Video Gaming Terminals, Page 4 CERTIFICATION I, , do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Cleric, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the day of , 2019, the foregoing Ordinance entitled An Ordinance Amending Chapter 9, Devices, Coin -Operated, Section 940, Video Gaming Terminals, of the City of McHenry's Municipal Code, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. ,including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the day of _ 2019, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Cleric. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Cleric of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of Clerk City of McHenry, McHenry County, Illinois (SEAL) 2019.