HomeMy WebLinkAboutPacket - 09/03/2019 - City Councilv
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McHenry
AGENDA
REGULAR CITY COUNCIL MEETING
City Council Chambers,333 S Green Street
Tuesday, September 3,2019
1. Call to Order.
2. Roll Call.
3. Pledge of Allegiance.
4. Public Hearing: Call to order a Public Hearing for consideration of an Annexation Agreement,
Annexation, Zoning Map Amendment and Conditional Use Permit to allow Agritourism and a
Landscape Business with Outdoor Storage for the property located at 4727 W. Crystal Lake Road.
5. At the Close of the Public Hearing:
a. Motion to approve an Ordinance authorizing the execution of an Annexation Agreement with
Trust Number 12742, Dennis L. Harms and Theresa M. Harms.
b. Motion to approve an Ordinance authorizing the Annexation of property at 4727 W. Crystal
Lake Road.
c. Motion to approve an Ordinance Authorizing a Zoning Map Amendment to A-1 Agriculture
and a Conditional Use Permit to allow Agritourism and a Landscape Business with Outdoor
Storage for the property located at 4727 W. Crystal Lake Road.
6. 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.
7. Consent Agenda: Motion to Approve the Following Consent Agenda Items:
A. Ordinance Amending Chapter 12, Licenses and Permits Generally, Raffles;
B. Request to Advertise for Bids for the cleaning of the McHenry Recreation Center;
C. Resolution to Pursue a McHenry County Consolidated Law Enforcement Training Facility;
D. Proposal from Gary W. Andersen Architects in the amount of$28,700 for architectural services
for the horse barn at the Petersen Farm;
E. Request from McHenry High School District 156, East Campus,to temporarily close sections of
John, Green, Main, Center and Kane and use of city services for traffic control for Homecoming
Parade on Monday, October 71h at 6:OOpm;
F. Parks & Recreation Facilities & Special Use Permit Requests;
G. August 19, 2019, City Council Meeting Minutes;
H. Issuance of Checks in the amount of$212,005.18.
The City of McHenry is dedicated to providing its citizens,businesses,and visitors with the highest quality ofprograms and services in
a customer-oriented,efficient,andfiscally responsible manner.
M
8. Individual Action Item Agenda.
9. Discussion Items.
A. Prairieland Disposal Yard Waste Program
B. Recreational Cannabis
10. Executive Session, if needed.
11. Staff Reports.
12. Mayor's Report.
13. City Council Comments.
14. Adjourn.
The complete City Council packet is available for review online via the City website at www.ci.mchenrv.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.
Department of Community&
1
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
PUBLIC HEARING
TO:Mayor and City Council
FOR: September 3, 2019 Regular City Council Meeting
FROM: Douglas Martin, Director of Economic Development
RE:Public hearing and consideration of an annexation agreement, annexation,
zoning map amendment and conditional use permit to allow Agritourism and a
Landscape Business with Outdoor Storage for the property located at 4727 W
Crystal Lake Road
ATT:
1.Location Map
2.Unapproved Planning and Zoning Commission Minutes dated August 21, 2019
3.Ordinance authorizing execution of an annexation agreement between the City of
McHenry First Midwest Bank, as Trustee under the provisions of a trust agreement dated
the 21St of October, 1992, known as Trust Number 12742 and Dennis L. Harms and
Theresa M. Harms, sole beneficiaries of said Trust and Shirley B. Harms, as Trustee of the
Shirley B. Harms Trust
4.Ordinance annexing property located at 4727 W Crystal Lake Road
5.Ordinance granting a zoning map amendment to A-1 Agriculture and conditional use
permit to allow Agritourism and a Landscape Business with Outdoor Storage for the
property located at 4727 W Crystal Lake Road
6.Petition for annexation and draft Annexation Agreement between the City of McHenry
First Midwest Bank, as Trustee under the provisions of a trust agreement dated the 2111
of October, 1992, known as Trust Number 12742 and Dennis L. Harms and Theresa M.
Harms, sole beneficiaries of said Trust and Shirley B. Harms, as Trustee of the Shirley B.
Harms Trust
7. Application Packet
AGENDA ITEM SUMMARY:
The applicant is requesting approval of an annexation agreement, annexation, zoning map
amendment, and conditional use permit to allow Agritourism and a Landscape Business with
Outdoor Storage for the property located at 4727 W Crystal Lake Road.
Department of Community&
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
BACKGROUND/ANALYSIS:
The applicant currently operates Harms Farm and Garden Center and wants to annex to the City
of McHenry.
Zoning Map Amendment
The character of the area near the subject property consists of primarily residential land uses to
the north, south and east of the subject property. The property to the west is McHenry West
High School.
The applicant is not proposing to alter their business, which has been in existence for decades.
The proposed zoning map amendment is consistent with the development trend. The subject
property provides a logical extension to City boundaries and the A-1 zoning is compatible with
adjacent zoning and the uses the applicant has on their site. The A-1 zoning permits by right:
agriculture, limited; dwellings, farm stand; garden center; and greenhouse/nursery business.
Staff has no concerns with this request.
Conditional Use Permit
The applicant is seeking a conditional use permit to allow agritourism as well as a landscape
business with outdoor storage. These activities are ones that the applicant currently conducts as
part of their normal business operations on the subject property. The A-1 zoning district in the
City of McHenry requires a conditional use permit for them however. Staff believes they are
complimentary to the other business activities conducted on-site and does not see any issues
with the agritourism, landscape business or the outdoor storage. This does not now and staff
does not foresee any adverse impacts to adjacent property owners in the future. Agritourism is
a large part of the applicant's business operation and has been for numerous years, and staff
believes the applicant will continue to refine this and other portions of their business operations
to make them even better than they already are today.
Animals
As part of its operation the petitioner brings in farm animals for approximately five weeks out of
the year. The City does not currently permit farm animals by right. Staff is recommending this
issue be addressed in the annexation agreement as a temporary use permitted at the time of
year Harms Farm typically performs this operation.
CONSISTENCY POLICY
Zoning map amendments shall be made in accordance with and consistent with a comprehensive
plan. When adopting or rejecting any zoning map amendment, the Planning and Zoning
Commission shall recommend and the City Council shall also approve a statement describing
Department of Community&
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
whether its action is consistent with an adopted comprehensive plan and any other officially
adopted plan or document that is applicable, and explain why it considers the action taken to be
reasonable and in the public interest.
This zoning map amendment is NOT consistent with the City's Comprehensive Plan, Crystal Lake
Road Sub-Area Plan and Future Land Use Map however it is reasonable and in the public interest.
The A-1 land use category is a newly adopted text amendment to the City's zoning ordinance. By
way of reference the City's Comprehensive Plan was last amended in 2008 and the Crystal Lake
Road Sub-Area Plan was completed in 2006.
The Planning and Zoning Commission finds the A-1 zoning classification makes the most sense in
this instance and fits the uses on the subject property and is therefore reasonable and in the
public interest.
PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission unanimously recommended approval of a zoning map
amendment to A-1 Agriculture and conditional use permit and to allow Agritourism and a
Landscape Business with Outdoor Storage for the property located at 4727 W Crystal Lake Road
subject to the following condition:
The applicant enter into an annexation agreement with the City. (6-0).
ANNEXATION AGREEMENT:
The Subject Property is currently located in unincorporated McHenry County and requires
annexation to the City. Attached to the supplement is a draft annexation agreement which
includes the following provisions:
Owners have right to utilize existing well and septic systems as long as they remain
functioning;
Buildings on the property will be accepted as is;
Agreement is 20 years.
RECOMMENDATION:
Therefore, if the City Council concurs the following is recommended:
Approval of the attached ordinance authorizing the Mayor's execution of an annexation
agreement between the City of McHenry, First Midwest Bank, as Trustee under the
Department of Community&
Economic Development
McHenry Municipal Center4
333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
provisions of a trust agreement dated the 215L of October, 1992, known as Trust Number
12742 and Dennis L. Harms and Theresa M. Harms, sole beneficiaries of said Trust and
Shirley B. Harms, as Trustee of the Shirley B. Harms Trust (Mayor and City Council vote
2/3 majority or 6 votes required for approval);
Approval of the attached ordinance annexing the property at 4727 W Crystal Lake Road
Mayor and City Council vote-simple majority required);
Approval of the attached ordinance authorizing a zoning map amendment to A-1
Agriculture conditional use permit to allow Agritourism and a Landscape Business with
Outdoor Storage for the property located at 4727 W Crystal Lake Road. (Mayor and City
Council vote-simple majority required).
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Department of Community&
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
Unapproved Planning and Zoning Commission Minutes dated August 21, 2019
Public Hearing: Harms Farm
File No. Z-953
4727 W. Crystal Lake Road
Zoning Map Amendment to A-1 Agriculture upon annexation and a Conditional Use
Permit to allow a Landscape Business with Outdoor Storage
Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No. Z-953 an
application for a zoning map amendment from E Estate to A-1 Agriculture upon annexation and a
Conditional Use Permit to allow Agritourism and a Landscape Business with Outdoor Storage
for the property located at 4727 W. Crystal Lake Rd consisting of approximately 7.5 acres.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
July 26, 2019. Notices were mailed to all abutting property owners of record as required by
ordinance. The subject property was posted. A Certificate of Publication and Affidavit of
Compliance with notice requirements are on file in the City Clerk's Office.
In attendance were Dennis and Theresa Harms, 4723 W. Crystal Lake Rd., McHenry, IL and
Attorney Steve Cuda, 101 Van Buren St., Woodstock, IL 60098. Attorney Cuda stated he lives in
McHenry and has known the Harms family for many years. The Harms are petitioning to be
annexed into the City of McHenry and this hearing is addressing items in regard to that annexation.
Mr. Dennis Harms verified information given on the land trust that the properties are held in.
Attorney Cuda stated the property is currently in McHenry County. Mr. Harms gave a brief
overview of the business considerations and operations beginning in January through an entire
year including growing, retail sales, field development, snow plowing and harvest festivals,
pumpkin sales and Christmas tree sales. They also gave a brief overview of the items and times
that outdoor storage is needed for the landscape business end of the Garden Center. Mr. Harms
explained he has been in business since 1962 and is not proposing or expecting to add or change
any operations or storage other than what is being done today. Mr. Harms stated he is contiguous
to the City of McHenry. Mr. Harms stated it just appears to be a good time to annex and he feels
they will get better cooperation and service in permits and other requests from the City of McHenry
than the county at this time.
Director of Economic Development gave the Staff report stating the applicants currently operate
Harms Farm and Garden Center on county-zoned property and are requesting a Zoning Map
Amendment from E Estate to A-1 Agriculture upon annexation, which is a newly created zoning
district in the City, and a Conditional Use Permit to allow Agritourism and a Landscape Business
with Outdoor Storage. The subject property is zoned A-1 Agriculture currently in the County and
4 Department of Community&
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
MCL1,yly Phone: (815) 363-2170
1 (l l ll Fax: (815) 363-2128
www.ci.mchenry.il.us
operates as a garden center, farm stand, agritourism location and landscape and snowplowingbusinesswithoutdoorstorage.
In regard to the Zoning Map Amendment Director Martin stated the character of the area near the
subject property consists of primarily residential land uses to the north,south and east of the subject
property. The property to the west is McHenry West High School. The applicant is not proposingtoaltertheirbusiness, which has been in existence for decades. The proposed zoning map
amendment is consistent with the development trend and satisfies all the criteria outlined in Table
33. The subject property provides a logical extension to City boundaries and the A-1 zoning is
compatible with adjacent zoning and the uses the applicant has on their site. The A-1 zoning
permits by right: agriculture; agritourism, limited; dwellings, farm stand; garden center; and
greenhouse/nursery business. Staff has no concerns with this request.
In regard to the Conditional Use Permit Director Martin stated the applicant is seeking a
conditional use permit to allow agritourism as well as a landscape business with outdoor storage.
These are activities that the applicant currently conducts as part of their normal business operations
on the subject property. The A-1 zoning district in the City of McHenry requires a conditional use
permit for them and Staff believes they are complimentary to the other business activities
conducted on-site and does not see any issues with the agritourism, landscape business or the
outdoor storage. This does not now and staff does not foresee any adverse impacts to adjacent
property owners in the future. Agritourism is a large part of the applicant's business operation and
has been for numerous years.
Director Martin stated zoning map amendments"shall be made in accordance with and consistent
with a comprehensive plan." This zoning map amendment is NOT consistent with the City's
Comprehensive Plan, Crystal Lake Road Sub-Area Plan and Future Land Use Map, however it is
reasonable and in the public interest. The A-1 land use category is a newly adopted text
amendment to the City's zoning ordinance. By way of reference the City's Comprehensive Plan
was last amended in 2008 and the Crystal Lake Road Sub-Area Plan was completed in 2006. The
A-1 zoning classification makes the most sense in this instance and fits the uses on the subject
property and is therefore reasonable and in the public interest. The City's Municipal Code has
an animal ordinance and any business regarding animals will be worked into the annexation
agreement at the City Council level.
Director of Economic Development Martin stated Staff recommends approval of a Zoning Map
Amendment from E Estate to A-1 Agriculture upon annexation to the City of McHenry with no
conditions placed on the requested zoning map amendment and Staff finds that the requirements
in Table 33 (Zoning Map Amendments) of the Zoning Ordinance have been met; and Staff also
recommends approval of a Conditional Use Permit to allow Agritourism and a Landscape Business
with Outdoor Storage with the condition the applicant enter into an annexation agreement with the
Department of Community&
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
MCPhone: (815) 363-2170
j 1 11 Fax: (815) 363-2128
www.ci.mchenry.il.us
City, and Staff finds the requirements in Table 31 (Conditional Use Permits) of the ZoningOrdinancehavebeenmet.
Chairman Strach invited questions and/or comments from the Commission. Commissioner
Thacker inquired about the animals brought to the Farm in the fall and the Harms stated they are
only brought in for 5 weeks or so, there are no animals on the farm year-round.
Chairman Strach opened the floor to questions and comments from the audience.
Mr. Mike Bartolone, 4809 Crystal Lake Rd., McHenry, IL asked what the impact on his property
right next door to Harms Farm will be, since they purchased a lot right next to him, such as a
privacy fence or barrier. Attorney Cuda stated the lot in question is the southern-most lot in the
petition and has been used by the Harms for the past 26 years even though they did not own it.
Attorney Cuda stated there is a 60' right of way (Kelter Street) and there are no plans for a fence
at this time because nothing is changing from the past 26 years. Mr. Bartolone questioned whether
there would be any forced impact on them or their property. Chairman Strach stated the property
use is contiguous and in the same use since 1980 and nothing is proposed to be changed or forced
after the annexation.
Basia Herron, 4719 Crystal Lake Rd., McHenry, IL stated she lives on the north side of the
property and asked if sewer and water hookup would be mandated on adjoining properties.
Chairman Strach stated the annexation goes through City Council and adjoining properties are not
being mandated to hookup to sewer and water or annex.
Chairman Strach closed the public comment portion of the hearing at 8:01 pm. There were no
further questions or comments from the Commissioners.
Motion by Thacker seconded by Lehman to recommend to the City Council with regard to File
No. Z-953, approval of an application for a Zoning Map Amendment from E Estate to A-1
Agriculture upon annexation to the City of McHenry with no conditions placed on the requested
zoning map amendment and Staff finds that the requirements in Table 33 (Zoning MapAmendments) of the Zoning Ordinance have been met.
Voting Aye: Gurda, Lehman, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty.
Motion carried 6-0
v Department of Community&
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr, Phone: (815) 363-2170
1 l 11 It Fax: (815) 363-2128
www.ci.mchenry.il.us
Motion by Thacker seconded by Gurda to recommend to the City Council with regard to File No.
Z-953, approval of an application for a Conditional Use Permit to allow Agritourism and a
Landscape Business with Outdoor Storage with the condition the applicant enter into an annexation
agreement with the City, and Staff finds the requirements in Table 31 (Conditional Use Permits)
of the Zoning Ordinance have been met.
Voting Aye: Gurda, Lehman, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty.
Motion carried 6-0
Chairman Strach closed the Public Hearing regarding File No. Z-953 at 7:55 pm.
Department of Community&
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
MCHenr Phone: (815) 363-2170
AMU Fax: (815) 363-2128
www.ci.mchenry.il.us
ORDINANCE NO. 19-
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR AN
APPROXIMATELY SEVEN AND A HALF ACRE PROPERTY LOCATED AT 4727 W CRYSTAL LAKE
ROAD IN MCHENRY COUNTY, ILLINOIS
WHEREAS, the City of McHenry, an Illinois Municipal Corporation in the State of Illinois
City'), 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, First Midwest Bank is the record title holder ("Record Owner") and Dennis L.
Harms, Theresa M. Harms and Shirley B. Harms, Inc. ("Applicant") is the Developer of the real
estate located at 4727 W Crystal Lake Road, in McHenry County, Illinois; and
WHEREAS, notice of a public hearing was published in the Northwest Herald, a
newspaper of general circulation in the City of McHenry, within the time provided by law,
notifying the public of a hearing on said Annexation Agreement before the Corporate Authorities
of the City of McHenry; and
WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing
as required by law and have found that entry into said Annexation Agreement is in the best
interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Annexation Agreement, bearing the date of September 3, 2019
between the City, Record Owner and Applicant be and the same is hereby approved. A complete
and accurate copy of said annexation agreement labeled "Harms Farm and Garden Center
Annexation Agreement", is attached to this ordinance and incorporated herein by reference as
Exhibit "A."
SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as
Mayor and City Clerk to said Annexation Agreement for the uses and purposes therein set forth.
SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof
are hereby repealed to the extent of such conflict.
r,
M 4 Department of Community&
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
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:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS DAY OF 12019
MAYOR
ATTEST:
CITY CLERK
ON"
v '^ Department of Community&
Economic Development
McHenry Municipal Center
r-.. 333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
sew Fax: (815) 363-2128
www.ci.mchenry.il.us
Exhibit "A"
Harms Farm and Garden Center Annexation Agreement
Department of Community&
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
ORDINANCE NO. 19-
AN ORDINANCE ANNEXING APPROXIMATELY SEVEN AND A HALF ACRES LOCATED AT 4727 W
CRYSTAL LAKE ROAD IN 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 written petition has been filed with the City Clerk requesting annexation of
said real estate to the City legally described on "Exhibit A", attached hereto and incorporated
herein, the "SUBJECT PROPERTY", along with a complete and accurate plat of said real estate
incorporated herein and attached hereto on "Exhibit B", and which petition has been filed in
accordance with 65 ILCS 5/7-1-8; and
WHEREAS, said real estate is not located within any other municipality or subject to an
annexation agreement with any other municipality, and said real estate is presently contiguous
to and may be annexed to the City in accordance with 65 ILCS 5/7-1-1, et seq.; and
WHEREAS, the City of McHenry does not provide library or fire protection services to said
real estate, so notice to the Fire Protection District or Public Library District of the annexation of
said real estate is not required; and
WHEREAS, the City has determined that the annexation of said real estate is in the best
interest of the City, will promote sound planning and growth of the City, and otherwise enhance
and promote the general welfare of the City and its residents.
NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: That the SUBJECT PROPERTY be and the same is hereby annexed to and
made a part of the corporate limits of the City of McHenry, including any and all portions of
adjacent street, roads or highways as provided by law.
SECTION 2: The City Clerk is hereby directed to cause a certified copy of this ordinance,
together with said plat,to be recorded in the Office of the Recorder of Deeds of McHenry County,
M `k= Department of Community&
Economic Development
n
V
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
Illinois. Following the recordation of this ordinance and plat, a copy thereof shall be filed in the
Office of the Clerk of McHenry County, Illinois.
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 from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED THIS DAY OF 2019
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS DAY OF 2019
MAYOR
ATTEST:
CITY CLERK
Department of Community&
Oak
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
EXHIBIT A
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
Department of Community&
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
Exhibit B
Plat of Annexation of SUBJECT PROPERTY
Department of Community&
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
ORDINANCE NO 19-
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO A-1 AGRICULTURE, A
CONDITIONAL USE PERMIT TO ALLOW AGRITOURISM AND A LANDSCAPE BUSINESS WITH
OUTDOOR STORAGE AT 4727 W CRYSTAL LAKE ROAD IN THE CITY OF MCHENRY, MCHENRY
COUNTY, ILLINOIS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions
as granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed with the City by Dennis L. and Theresa M. Harms.
requesting a Zoning Map Amendment to A-1 Agriculture, a Conditional Use Permit to allow
Agritourism and a Landscape Business with Outdoor Storage to allow for the property located at
4727 W Crystal Lake Road and 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 August 21, 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 Zoning Map Amendment and 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 Zoning Map
Amendment and Conditional Use Permit is consistent with the objectives of the City of McHenry
Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the SUBJECT PROEPRTY is hereby granted a Zoning Map Amendment to
A-1 Agriculture.
SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the
requirements of Table 33 of the Zoning Ordinance have been met in that:
1. The requested zoning classification is compatible with the existing uses and zoning
of property in the environs;
w` ^Department of Community&
4
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
2.The requested zoning classification is supported by the trend of development in
the general area;
3.The requested zoning classification is consistent with the objectives of the City of
McHenry Comprehensive Plan; and
4.The requested classification promotes the public interest.
SECTION 3: That the SUBJECT PROEPRTY is hereby granted a Conditional Use Permit to
allow Agritourism and a Landscape Business with Outdoor Storage subject to the condition the
applicant enter into an annexation agreement with the City.
SECTION 4: In granting said Conditional Use Permit, the City Council finds that the
requirements of Table 31 of the Zoning Ordinance have been met in that:
1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the
zoning district has been minimized.
2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or
air, or other adverse environmental effects of a type or degree not characteristic
of permitted uses in the zoning district, have been appropriately controlled;
3. The proposed use will fit harmoniously with the existing natural or man-made
character of its surroundings, and with permitted uses in the zoning district. The
use will not have undue deleterious effect on the environmental quality, property
values, or neighborhood character already existing in the area or normally
associated with permitted uses in the district.
4. The proposed use will not require existing community facilities or services to a
degree disproportionate to that normally expected of permitted uses in the
district, nor generate disproportionate demand for new services or facilities, in
such a way as to place undue burdens upon existing development in the area;
5. The proposed use will not be detrimental to the safety or health of the employees,
patrons, or visitors associated with the use nor of the general public in the vicinity;
and
6. The proposed use is in harmony with all other elements of compatibility pertinent
to the Conditional Use and its particular location.
Department of Community&
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 6: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 7: 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:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS DAY OF 2019
MAYOR
ATTEST:
CITY CLERK
Department of Community&
Economic Development
V McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHen
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
Exhibit A
Legal Description of the Subject Property
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BEFORE THE MAYOR AND CITY COUNCIL
OF THE CITY OF MCHENRY, ILLINOIS
IN THE MATTER OF THE APPLICATION
OF FIRST MIDWEST BAND.,as Trustee under )PETITION I+OR APPROVAL OF
the provisions of a trust agreement dated the 21st }ANNEXATION AGREEMENT
day of October, 1992,known as Trust AND PETITION FOR
Number 12742,and DENNIS L.HARMS and ANNEXATION
TH13RE,SA M.HARMS, sole beneficiaries of
said Trust, and SHIRLEY B. HARMS,
as Trustee of the Shirley B.Harms Trust, TO
ANNEX TERRITORY PURSUANT TO A
PROPOSED ANNEXATION AGREEMENT
WITH THE CITY OF MCHENRY
TO: TIIE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY
COUNTY,ILLINOIS.
Your Petitioners, FIRST MIDWEST BANK, as Trustee under the provisions of a trust
agreement dated the 2151 day of October, 1992,known as Trust Number 12742, and DENNIS L.
HARMS and THERESA M.HARMS,sole beneficiaries of said Trust,and SHIRLEY B.HARMS,
as Trustee of the Shirley B. Harms Trust, by and through their attorneys, HAMER, SCHUH &
CUDA,under oath respectIbIty represent as follows:
1. FIRSTMIDWEST BANK,-as Trustecunderthaprovisions ofa trust agreement dated
the 21" day of October, 1992, known as Trust Number 12742, and DENNIS L. HARMS and
THERESA M,HARMS,sole beneficiaries of said Trust,and SHIRLEY B.HARMS,as Trustee of
the Shirley B.Harms Trust,(OWNERS")are the record owners of the real estate which is more fully
described as follows:
Lots 25,26,27 and 28 in Kelter Estate Subdivision,Unit No. 1 being a Subdivision
of part of Section 34 Township 45 North, Range 8 East of the Third Principal
Meridian,according to the Plat thereof recorded March 14, 1949 as Document No.
218953,In Book 10 of Plats,page 112 in McHenry County,Illinois,
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hereinafter referred to as the"real estate"),
First Midwest Bank Trust Number 12742 is the owner of Lots 26,27 and 28. The Shirley B.Harms
Trust is the owner of Lot 25,
2, DENNIS L. HARMS and THERESA M.HARMS,4727 W. Crystal.Lake Road
McHenry, Illinois, 60050, are the sole beneficiaries of the FIRST MIDWEST BAND. Trust
Number12742, SHIRLEY B. HARMS,4725 W. Crystal Lake Road,McHenry,Illinois 60050, is
the sole beneficiary of the Shirley B.Hargis Trust.
3. DENNIS L.HARMS,THBRESA M.HARMS,and SHIRLEY B. HARMS are
the only electors Nvho reside on the real estate.
4. All of the real estate which is the subject of this Petition is located in the County of
McHenry,State of Illinois. The real estate is not within the corporate limits of any municipality but
is contiguous to the corporate limits of the City of McHenry, a municipal corporation in the State
of Illinois, An accurate map of the above-described territory is attached hereto and made a part
hereof as Exhibit"A."
S. The real estate consists of approximately T 6 acres,more or less,and is located on the
east side of Crystal Lake Road directly opposite of McHeiuy High School West Campus. It is
commonly lurown as"Harms Farins and Garden Center"and its street address is 4725 and 4727 W.
Crystal Lake Road,McHenry,Illinois.
6. Aruiexation of the real estate shall not be made pursuant to this Petition for
Annexation by the City ofMcHerny unless the City of McHenry has first entered into an Annexation
Agreement with the aforesaid OWNERS of record.
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7. Petitioners request and recommelzd that the Annexation Agreement,attached hereto
and made a part hereof by reference as Exhibit"B"be approved substantially in the form submitted;
that the real estate be almexed to the City of McHenry pursuant to the terms of said Annexation
Agreement;that the atea annexed include,and that the boundary line of the City of McHenry thereby
be extended to,the far side of all adjoining roads and highways as required by law,and that the real
estate be zoned A-1 Agriculture District classification in accordance with the Zoning Ordinance of
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the City of MaHemy and that a Conditional Use be granted for that real estate to permit Agritourism,
a landscape,lawn maintenance and snow removal business with outdoor storage.
8. An affidavit/certification of the beneficiaries of the land trust which holds title to the
real estate is attached hereto as Exhibit"C".
WHEREFORE, FIRST MIDWEST BANK, as Trustee under the provisions of a trust
agreement dated the 21" day of October, 1992 known as Trust Number 12742, and DENNIS L.
HALMS and TIIERESAM.HARMS,as sole beneficiaries of said trust,and SHIRLFX B.HARMS,
as Trustee of the Shirley B.Harms Trust,respectfully request that the City Counsel of the City of
McHenry set a time,date and place for apublichearing oil the proposed Annexation Agreement and
to have all proposed new ordinances or amendments contemplated thereby referred to the
Coitunission or Board for the purpose of holding all required hearings,and that subsequent to such
hearings: i
IA. That the real estate described herein,including all adjoining roads and highways as
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required by law, be annexed to the City of McHenry,pursuant to the provisions of 65 ILCS 5 A I-
15.1 through 65 ILCS 5111-5.5 of the Municipal Code of the State of Illinois;and
B. That the Annexation Agreement submitted concurrent herewith be approved;and j
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C. That, upon annexation to the City of McHenry,the above-described real estate be
zoned A-1 Agriculture District with a Conditional Use to allow agritourism, landscape, lawn
maintenance and snow removal business with outdoor storage under the terms and provisions ofthe
City oflbleflen y zoning Ordinance; and
D. Such other action be taken as is appropriate in the premises.
DATED: This day of August,2019.
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FIRST MIDWEST BANK,as Trustee under
the provisions of a trust agreement dated the
21"day of October, 1992,known as Trust
Number 12742,and DENNIS L.HARMS and
THERESA M.HARMS,sole beneficiaries of
said Trust, and SHIRLEY B. HARMS, as
Trustee of the Shirley B.Harms Trust,by their
Attorneys,Hamer, Schuh&Cuda
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B
Steven`. Cuda
HAMER, SCHUH&CUDA
101 Van Buren Street
Woodstock,11,60098
815-338-1334
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PLAT OF SURVEYq{
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Vanderstappen PLAT OF ANNEXATIONrLandSurveying,Inc.
Lots 25,26,27 and 28 In Kelter Estate Subdivision,Unit 1,being
weoa.ro t,mmoi,boova a Subdivision of part of Section 34,Township 45 North,Range 8,ph.816-33]-s3f0 hx 813-33]-631/ East of the Third Principal Meridian,according to the Plat
arw,ya r„Inrw eo me pr a.ry o°• thereof,recorded March 14,1949 as Document No.218953,In
Bode 10 of Plats,page 11P,in McHanry County,Illinois.
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STATE OF HUNOIS )
S.S.
COUNTY OF McHENRY)
I hereby state that we have platted the premises above6oa'60. 120' described, and that the plat hereon is a true representation
CLERNT;HAMER,SCHUH k CUDA of the said description.
SCAE:1'=50,
DRAWN BY:SES CHBC%BD BY;WJV This is not a Boundary Survey
SCALE:1'=500 SEC. 34 T.45 R.8 E. Dated at Woodstock.McHenry County, Illinois 8 21 A.D., 20 19.
BASIS OF BEAWG:ASSUMED
P.I.N.: 09-34-326-002,OR D04.005 Vanderstappen Land Surveying,Inc..
JOB NO.:190433—A I.D.PAN
Design Firm No.184-002792
FMMWOR%COMP.:N/A BL_PG._
aLL D6fNR5 SWwN N Fn1 lta ansM R6:
purr]nsn'oaeacrm 10 es'r.
Hlinois ProfessioAar Land Surveyor No. 2709
Y. I Ip4U-A 1A.. -p p SN 1Y
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HARMS FARM AND GARDEN CENTER
ANNEXATION AGREEMENT
This Agreement made and entered into this day of 2019, by and between
the CITY OF MCHENRY, an Illinois municipal corporation ("City"), FIRST MIDWEST
DANK, as Trustee tinder the provisions of a trust agreement dated the 21"day of October, 1992,
known as Trust Number 12742, and DENNIS L. HARMS and THERESA M. HARMS, sole
beneficiaries of said Trust, and SIERLEY B.HARMS,as Trustee of the Shirley B. Harms Trust,
Property Owners").
RECITALS
A. The Property Owners hold fee simple title to the real estate legally described on Exhibit A,
attached hereto and made a part of this Agreement by reference,hereinafter referred to as the
Subject Property or Property."
B. The Subject Property is currently located in unincorporated McHenry County and is zoned
A-1 Agriculture District pursuant to the McHenry County Unified Development Ordinance
also referred to as the"McHenry County Zoning Ordinance").
C. The Property Owners have filed with the City Clerk a Petition for Annexation of the Subject
Property to the City, contingent upon the terms and provisions of this Agreement, which I
Petition has been filed in accordance with 65 ILCS 5/7-1-8,and the ordinances of the City.
D. The Subject Property is located on the southeast side of Crystal Lake Road and north of
unimproved Kelter Street, approximately one quarter mile south of the intersection of Front
Royal Street and Crystal Lake Road. The Subject Property contains 7.6 acres,more or less.
Its street address is 4725 and 4727 W. Crystal Lake Road,McHenry, Illinois,and the Subject
Property is currently being used as a garden center with a farm stand, and as the staging area
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for Property Owners' landscape, lawn care and snow removal business. It is improved with
six buildings, ten quonset style structures and two frame sheds used by Property Owners for
the business located thereon. The Subject Property is also improved with the Property
Owners'residences and one cell tower with supporting equipment.
E. The Subject Property has three electors residing thereon; DENNIS L. HARMS, THERESA
M.HAMS, and SHIRLEY B. HARMS.
F. The Subject Property is not within the corporate boundaries of any municipality or subject to
an annexation agreement with any other municipality, and is presently contiguous to and may i
be annexed to the City in accordance with 65 ILCS 5/7-1-1,et seq.
G. The Property Owners desire to annex the Subject Property to the City in accordance with the
terms of this Agreement.
H. The City has determined that the annexation of the Subject Property in accordance with the
tennis of this Agreement is in the best interest of the City, will promote sound planning and
growth of the City, and otherwise enhance and promote the general welfare of the City and
its residents.
I. The City does not provide library or fire protection services to the Subject Property,so notice
to the Fire Protection District or Public Library District of the annexation of the Subject
Property is not requited.
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J, This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11-
15.1-1,et seq. The City is a home rule municipality as contemplated under Article VII, j
Section 6, of the Constitution of the State of Illinois, and the passage of this Agreement
constitutes an exercise of the City's home rule powers and functions as granted in the
Constitution of the State of Illinois.I
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K. Prior to the date of this Agreement, all public hearings were held upon proper notice and
publications as are required for the City to effect the terms of this Agreement.
NOW THERE, ORE,IN CONSIDER.NtION OF THEIR RESPECTIVE AGREEMENTS
SET OUT HEREIN, THE CITY AND PROPERTY O'VYIVER. HERE13Y AGREE AS
FOLLOWS:
1.Annexation. Upon execution of this Agreement,as allowable by law, the City shall enact an
ordinance annexing the Subject Property, A copy of said ordinance,together with an accurate
plat of the Subject Property,shall be filed with the County Clerk of McHenry County and j
IrecordedwiththerecorderofDeedsofMcHenryCounty. This Agreement in its entirety, i
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together with the aforesaid Petition for Annexation,shall be null,void and of no force and effect f
runless the Subject Property is zoned and classified as provided in this Agreement by the adoption
of ordinances by the City immediately following the execution of this Agreement.
2.Zonuo Immediately following the annexation of the Subject Property,the City shall adopt an
ordinance granting a zoning map amendment to A-1 Agriculture District,
3. Conditional Use Permit and Variances. hiunediately following the annexation of the Subject
Property, the City shall adopt an ordinance approving a conditional use permit to allow
Agritourism and a landscape, lawn cane and snow removal business with outdoor storage on the
Subject Property and a variance to allow animals during Owners' Halloween activities set forth
below in Paragraph 4. E. of this Agreement, burning of yard waste, such as twigs and brush.
This variance does not permit the burning of leaves. The City agrees to issue variations of the
house located on the Subject Property, currently refenTed to as 4725 W, Crystal Lake Road,
McHenry, Illinois for residential purposes, for the use of the House located on the Subject
Property commonly referred to as 4727 W. Crystal bake road,McHenry,Illinois to be used as a
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business office and residence.
4. Business Activities. The parties acknowledge that the business known as "l:Iarms Farm and
Garden Center" ("Harms Farm") is located on the Subject Property, Harms Farm includes the
following business operations:
A. Retail sales of plant,trees,shivbs,fertilizer,firewood,planters and related items;
B. Retail sales of food,produce,Trait and related products;
C. Agritourism including, but snot limited to, train rides, obstacle courses, party rooms,
playground villages,jump house,animal-petting zoo,maze, games and food sales;
D. Retail sales of Christmas trees, wreaths, grave blankets, ornaments, Christmas plants
and related items;
E. Halloween activity event dates firom September 24 through October 3 1"of each year;
F. Christmas activity event dates fi•oin November 15 through December 25 of each year;
and
G. Two (2) signs and four (4) banners may be placed on the Subject Property along
Crystal Lake Road,
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All of such business uses and activities shall be permitted by the City and shall continue during
the time the Subject Property is used for a farm stand and garden center.
S. Water and Sewer Service. Owners,upon annexation, shall have the right at Owners' election
to attach to the water and/or sewer facilities of the City of Mcklemy. All connections to the
water/and or sewer facilities of the City shall be for the connection fees in existence at the time
of such connection. It is recognized by the City that the Owners have existing water well
systems and sanitary septic system. So long as neither the water well system and sanitary septic
system constitutes a safety hazard or becomes inoperable to the extent that neither can be
replaced or repaired without requiring total replacement or repair, the Owners shall have the
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right to continue to use said water well system and sanitary septic system. In the event the
Owners connect to the water system:of the City, the existing well may be utilized so long as the
use of the water produced by said water wells does not conflict with the ordinance of the City or
the statutes of the State of Illinois.
6. "As Is" Condition of Subject Properfk The City agrees to accept the buildings, and other
improvements including the single-family residence on the premises and their current uses, in an
as is" condition so long as the Subject Property is used as a farm stand and garden center or
until such time as the uses are discontinued. Owners shall not be required to upgrade or install
additional restroom facilities or install or upgrade any of their parking areas, driveways or
outdoor storage areas to a bard or unpervious surface as long as Subject Property is used for a
farm stand and garden. center. With the exception of greenhouses 2 and 3 with one (1) three
thousand square feet greenhouse and any greenhouse films or polyearbonate to be replaced, as
identified on the survey of the Subject Property, attached hereto as Exhibit B, all future
additions,repairs or replacements of any part of the existing buildings or other improvements for
which variations have been granted by this Agreement shall be in accordance with the provisions
of the ordinances of the City in effect at time of such improvements. Owners shall not be
required to install curbs, gutters, storm sewers and/or sidewalks on the Subject Property in
question during
the term;of this Agreement provided that this provision shall not apply in the event the City
proceeds with an overall upgrading of the gutters, storm sewers and/or sidewalks for all of the
surrounding properties on W. Crystal Lake Road.
7. Fee Waiver, Because Owners do not propose any additional or new business use of the
Subject Property the City agrees to waive all acreage or annexation fees due or payable pursuant
to the ordinances of the City. In the event the Subject Property is re-subdivided, acreage fees
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will be paid in accordance with the City Ordinances at the time of subdivision. No park or
school donations shall be required by reason of the annexation of the Subject Property, In the
event all or some part of the Subject property is platted and used for residential purposes, other
than what currently exists thereon, such school and park donations shall be paid pursuant to City
ordinances.
8, Ordblance Changes. Except as otherwise provided for hereinbefore, no change of
modification of any ordinance, code or regulation shall be applied during the term of this
Agreement so as to affect the zoning classification of the Subject Property, the Conditional Use
and Variances granted herein, and the uses permitted herein or by the zoning ordinance of the
City of McHenry in effect as of the date of this Agreement as hereinbefore provided. Except as
modified by the terms and provisions of this Agreement, the Owners shall comply in all respects
with the conditions and requirements of all ordinances of the City applicable against similar
property wiNn.the City as they may exist from time to time including but not limited to those
requiring the issuance of permits or the payment of fees thereof.
9.Binding Effect and TezznBnforcement This Agreement shall be binding upon and inure to
the benefit of the pailies hereto in accordance with statutory provisions, successor owners of
record and their heirs, assigns,and lessees,and upon successor municipal authorities of the City
and successor municipalities for a period of twenty(20)years from the date of execution hereof,
and any extended time agreed to by amendment to this Agreement.Any and all lawsuits filed by
any party hereto,involving a controversy or dispute with regard to this Agreement or the
development of the Subject Property, shall be filed exclusively in the 22"
d
Judicial Circuit Court,
McHenry County,Illinois and the prevailing party shall be,entitled to recover,from the non-
prevailing party,all of its reasonable expenses incurred,including attorney fees.
10. Amendment. This Agreement may only be amended by-written instrument executed by all
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parties hereto. Provided,however, in the event title to the Subject Property, in whole or part, is
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transferred to successors in interest, firture amendments relating to the Subject Property may be
made by and between the City and the title holders to the parcel specifically requesting the
amendment without consent required by other record Owners of the Subject Property.
11. Notice and .Default. Before any failure of any party to this Agreement to perforin its
obligations under this Agreement shall be deemed to be a breach of this Agreement, the party
alleging the breach shall provide notice to the party alleged to be,in default specifying the nature
of said default, and thhty (30) days elapses from the receipt of said default notice without the
default being cured. Notice shall be in writing and delivered via certified mail, addressed as
follows:
City Administrator:City of McHenry
333 S Green Street
McHenry,IL 60050
Attorney: David McArdle
Zukowski,Rogers,Flood and McArdle
50 Virginia Street
Crystal Lake,IL 60014
Owner: First Midwest Bank, Trost Number 12742, Shirley
B. Harms Trust, Dennis L. Harms, Theresa M.
Harms and Shirley B.Harms, 4727 W. Crystal Lake
Road,McHenry,Illinois 60050
Attorney: Steven J, Cuda
Harper, Schuh&Cuda
101 Van Buren Street
Woodstock,IL 60098
12, Waiver. The failure of the City to insist,in any one or more instances,upon performance of
any terms or conditions of this Agreement, shall not be construed as a waiver of future strict
performance of any such term, covenant or condition and the obligations of the Applicant shall
continue in fitll force and effect,
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I13. Severability. If any provision of this Agreement, other than the provisions relating to the
requested zoning changes and Preliminary Plat described herein and the ordinances adopted in
connection therewith, is held invalid by any court of competent jurisdiction,such provision shall
be deemed to be excised here from and the invalidity thereof shall not affect any of the other
provisions contained herein.
IN WITNESS HEREOF, the patties hereto have executed this Agreement as of the date
indicated above.
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CITY OF ICIER RY, an Illinois municipal corporation
Attest:` By:
City Cleric Its: Wayne Jett,Mayor City of McHenry
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FIRST MIDWEST BAND, as Trustee under the
provisions of a trust agreement dated the 21s}day of
October, 1992,known as Trust Number 12742
By
Attest:
SI-IMEY B.HARMS TRUST
By
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LEGAL DESCRZPTzoN
Lots 25, 26;27 and 28 in Kelter Estate Subdivision,Unit No. 1 being a Subdivision of part of
Section 34 Townsiup 45 North, Range 8 East of the Thud Principal Meridian, according to the Plat
thereof recorded March 14, 1949 as Document No.218953,In Book 10 of Plats,page 112,in McHenry
County,Illinois,
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EMIBIT A
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STATE, OF ILLIN'OIS
SS
COUNTY OF WHEN Y )
Z"U TAZ+NPA.
M
IT
The undersigtxed, being first dWy sworn upon their oath,state as follows.
1. Dennis L.Harms and Theresa M.Harms,whose address is 4723 W. Crystal Sake
Road,MoRomy Illinois 60050, are the sole beneficiaries of First iMidwest Batik Trust 12742.
2.First Midwest Bank Trust 127421s the owner of record.of Sots 26-28 ofXelter
Estate Subdivision, according to the Plat thereof recorded March 14, 1949 as Document Number
218953,in,Book 10 of Plats,Page 112,in MofZezuy County,Illinois
Further Affians sayeth not.
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Hiarmserarxts)..Ha Msaresa.M.
Subscribed to and sworn before m
tM day of June,2019. Oi~FlA D&
KAL
PAT A l R
NOTARY puoL{C,STME OF 1114190
my Commission Expires NOV 2b,I010
h
NotaryPitbllc
EXHIBIT C
STATE Ol,MLINOXS
COUNTY OF McHLN12_Y }
TRUST A,Mi7 11 f
The lndersigned, being first duly sworn upon her oath, states as follows:
1. Shirley D.17atnls,whose address is 4725 W. Crystal Lake Road,MoHomy Illinois
60050,is the sole beneficiary and sole Thistee of the Shirley 13.Haxnas Trust,
2.The Shirley B.Haims'Trust is the owner of Lot 25 of Kolter'state Subdivision,
according to the Plat thereof recorded Match 14, 1949 as Document Number 218953,in Boob 10
of Plats,Page 112,in McHOMy County,Illinois
Further Aff"zan sayeth not.
r
Shirley B.Runs
Subsorl_ed to and sworn before me
US-90 day of Juno,2o19.
QFFIGIAF.
PAT A 01408LPUBLIC,STATE OF ILLINOIS
r mission Expires NOV 26,2019
Notary Public
XH,BYT C
File Number
PURLXC HEARING A.PrLIC4TION
flauning and Zoning commiS'0'n
City of Ne lenry
333 801A arcen Street o
meReluy,IL 60050 4 Tcl:(815)363••2170 Fax;.(815)363-2173
1:. Nanie of Applicant. Dennis L, and The
see attached) Tel
Address 4723 lq, Crystal Lake Road
Fax
City AfcHenr
State IL Zip 60_ 05q
2, Name of Property Owner NotAP 1i.cabl.e If oflter than Applicant) Tel
Address
Fax
City
State Izip__—
3. NameofB11gincer Not A licab]eIfaepresented) Tel
Address
City
Fax-
State
d• Name of Attorney st v
rf represented) Tel 815-•338-1334
Address 101 Van Buren Street dst:oc II, 60098.Fax 81 338-5960 _5. Corhinon Address or Location of Property 4727 1'7. Crystal rake Road
McHenry, rL b0050
6. Requested Action(s)(check all that apply)
X Zoning IYIaP Amendulent(Rezoning)Zoning Variance--minor'•`
Conditional use Permit
Zoning Text Anrendmelit
Zoning Variance
U'so Variance
Outer
Defilutiort of Minor Varlmice: A valance granted to the fee ow r, contracticelrurehaseroroptionholderofasingle-family detached orattaclrccl dwelling,single-family detached or attached building lot for that dwelling oz lot.If'O A
Page 1 of l
S
7. C"MntUsaofS'roporlyCarden Center with a larnist:and l-i auxism, and
a storing area for. Peti.bionersI landscape, IMM care And snout removal business,'
Ath outdoor storage related to said uses.
i
S. Curreut Zoning Classification oil'ropea•ty,luoluding'Varlances or Conditional Uses
A-i A ricult:urea District pursuant to McHenry Count Unified Develo ent
Ordinance.
9. Current Zoning Classification.arxd Zmd Use of Adjoluing Properties
North: A-I Agriculture and Residential. (McHenry County)
South: A rzcitlture & Residential unfi roved Roadwa and Residential?. McHenry
Bast; County)RS-2. Residential, Cold 5nrin s Park {C3.i:y of McHeni)
West: M5, Residential, Mcffenry Tgest High School (City of Mc.Henry)
10. Required Attachments(check ail iteuas subjnitted)
Please xei'ek to the Pub)ie Nearing Recluironxents Cheoklist to determine ttte required attaohnients,
J. A.pplicatlon Pea(amount)$ — —
Aairative Desox•iptlon oi'Request
3. FORM A—kubllo Reming,A.pplicationd. JFORMB—Zoning Map Amendment(Rozouing)ApplicationFORMC--•Conditional Use Application
b. YORM D---Zoning V iauce Applioation
7. FOStMR—Use Variance,Application
8. hoof of Ownership and/or W i{ten Consent from ,Piope
Affidavit xty Owner in the, Boxm of an
9. Plat of S rrvey NWth Legal Description
10. List ofowners of all Atlj Ung ProporEies
ll, hiblio Hearing Notice
12, Sign(Provided by the City,to be posted by the Applicant)Site Plan
14, Landscape plan
15. k0aeofiu•al Rendering diuildingBlavations
16. Nif'oxmance Standards Certification
Z7, Tra cAnalysis
18, School Impact Analysis
S+ORM A
Page 2 of 2
ti •
1 l.. DISelOSure of Interest
The party slgniftg the applications shall be considered the Applicant. The Applicant inust be tite olvnerortrusteeofrecord, trust b'eneficialy, lessee, eoaitract puxcl aser, or opEiott ltolcier of tine subjectPropertyoririsor1teragentornominee,
plicant is of Owner
If the Applicant is not the owner of record of the subject property, the application shall disclose ElselegalcalagityoffleeApplicantandthefir[[name, address,acid toleplione lttnsnbor of tile otivner(s), Zitaddition, an affidavit of tite owners(s)shall be filed with tine application stating that the Applicant leastheauthorityfromtheowrners(s)to snake the application.
A iylicantt oti OsvneiLis Cvrooration o•parh2arshiIftheApplicant, otivner, contract purohaser, option lnoltlet; or any bene ciaty of a land trust is acorpoiationorparhnerslnlp, tlke application shall disclose the name and address of flee corporation'sofficers, directors, and registered agents, or tho partnershivs goneral partners and those sltas'eltoldersOrlimitedpartnersowninginexcessoffivepercentoftineoutstandingstockorinterestinfilecorporationorinterestsharedbythelimitedpartners.
Applicant or Owner is a land TiW
If the Applicant or owner Is a land trust or other trust or hvstee thereof, the full natna, address,telephone number,and extent of interest of each benieficiaty shall be disclosed i t the application,
12, Certification
I hereby certify that Z Rm aware of al I code requixexaeitts of the City of McHenry that relate to thispropertyandtftrit#lie proposed use or development described in thstickaides, is application shall comply with all
Z hereby request that a public hearing to consider this application be held before the Plasnaing andZoningCOMmission, and thereafter that a recommendation be forwarded to the City Council for theadoptionofanordinance(s) granting the requested action(s), inchiding a ny modifications to thisapplicationorconditionsoftspprovaIrecommendedbytheZoningBoasclfAppealsorCityCouncil.
Signature ofApplican t(sl
Print Name,and Designation of Applioant(s)
G MeresaMHarms
Individuallyacid as sole SnxxleYates, as Trustee ofbenef'0'6ri.es of First MU.iest
the Shirley B. Ela>ms Trust
Banat T. ust 12742
FORMA
Page 3 of 3
DENNIS L.HARMS and THRRESA-M,HARMS,sole beneficiaries ofI±IRU MIDWESTBANK,
as Trustee under the provisions of a trust agreement dated the 2V clay of October, 1992,known as
Thist Nuniber 12742.
4723 W. Crystal Lake Road,IYMcHemy,Illinois 60050,
SHIRLEY K HARMS,as Trustee of the Shirley$,Hatms Trust.
4725 W. Crystal Lake Road,MCI-lemy,Illinois 60050.
r0 I3 Rile Nutxtbez h
ZONING MAP AMENDMENT(.[A ZONING)
Planning and Zwz1x11g Comnnisszoll
City of McHenry
333 S011th Green Street a MaHeury,X 60050 a Tel;(815)363-2170 m.pax,,(815)3G3-2173
Table 33 of the City of Mtslenxy Zojiing Ordinacice provides that in xecdAi mending approval of a. ZoningMap .Amendment (Rozoning), tiro Planning and Zoning Commissio I shall ttaatslnrt to filze City Councilwrittenfntd!r gs#hat ail of the conditions listed below aplily to the retluested nctiort.
1 lease resuorrd to each of these colAtions ns it relates to your re best
1.. Comliatlble with 1_Tse or Zoning of Envhbns
The proposed rise(s) or the rises peixaitted wider the proposed zonWg olassiftcatloti ate compatible with
existfilguses or.oAq,ting zoning of property in the environs.
Theme Ard mlmer'ous diffezent uses along Crystal Lake Road in the -vicinity of Harnls Farm andGardenCentex,whiCh is compatible with these uses.
Su ported by ofDevelo meat,
The trend of development in the general area since the original zoning of the affected property wasestablishedsupportstheproposeduse(s)or zoning classi#icaoOn.
Tho trend of development along Crystal Lake Road In the area of Harms Farni and Garden Centex
is business related.
3. Consistent with Compxeliensiye PI.6h Objectives
The prgposeil usa(s}or zoning c]assificatiOil is in harinony with the objectives of the C.on preheaisive Vanof'the City as.viewed in light of any changed conditions since the adoption of the plain.
Crystal Lake Road is a n1qjor arterial street. The Comprellensive plan acknowledges this and t11e
proposed zoning will allow the current business to conthille to operate at 4727 W. Crystal Lake.Road.
A. Mirthers public Interest
Tire proposed uses)or zoning elassifcation promotes the public viterest and not solely the iutcrest of theapplicant.
Itis in the interest of the City of 1blcllenty that the"unhicorporated islands"becarnepart of corporate
Imo lenry. The application,if granted,will accoiriplislr that goal.
FOB B
Pago X of X
ORM C S(ile Nuzuber 1 'l` 3
COND>3`'iONAL-USN PERPOT
Plaiming an(I Zoning CoMinisszon
City of mexlenry
333 South Oreen Sixeet Q Molleniy,MOM a Tel;(815)363••2110-Fax-(-815)363-217'3
Table 31 of the City of MoRemy Zoning Ordinance provides that in recoirimendiztg approval or
oonditloiaal approval of it Conditlojial Use Perinit,the Plav»ing and Zoning Commission shall t(ausmit to
the City Council written f"rridiugs that all of the conditions listed below apply to the re'quested action,
Please respond to each of these conditions as it relates to your request
1. Traffic,
Any a(lvea-Se 1hipaet of types or vollunos of traffic flow not otherwise typical in the Zoning distict has
beell llllllilnize l.
The proposed annexation and zoning of the subject property will not have any adverse impact on
types'oftraffic or-volume's since thepropeiiies'use already exists and there are no changes to said
use.
Birvirolztrten#aiNusance
Any adverse effects of noise, glare, odor, (lust,waste disposal, blookage of light or air,or other adverse
environntontal effects of a type or degree not characteristic of pehAtted uses iit flip whing district have
been appropriately controlled.
Theee are no anticipated euvir onniental nuisances since theproperties have been used as afatm stand
and garden center, with collateral uses,without any complaints from Applicants' neighbors.
3. Neiahbozhood Character
Thu proposed use -will fit harmoniously with the existing nathual or Miul.•niade character of its
surroundings and with permitted uses in the zoning dish-lot. The use will not have undue deleterious
affect on the enYironmental duality, property values, or neighborhood oharacter.o-Osting hi the area or
normally associated with permitted uses in the district.
As stated above,theApplicants do notpropose mlynewilses for tlleirprqpmty. They have operated
their farm stand and garden center at the present Iocatiorr for at least 45 years without complaint.
FORM C Page 1 of 1
ri
d. Public Services and Facilities
The proposed use will not require existing community facilities or scrvlces to a dogtee disproportionate tothatatoiinallyexpectedofpermitteduses1Athedistrict, nor generate disproportionate dcinand for newSol-vice's or, facilities;in such a way as to place undue burdens upon existing developtrtent in the area.
The propose([use has not caused arty ttndge bu dens to date and none are expected i1t the filtture,
S. Public Safety and Health
The proposed use will not be detrimental to the safety or health of the employees, patrons, or .visitorsassociatedwiththeIlsenorofthegeireralpublicinthey1ohiity,
The f arm stand,ga de i center, and collateral uses have operated safely and without incident since
its inception. Since the use will not change, there will be no detrimental impact oil the safety orliealtilofApplicants' employees,patrons,visitors, or the.general public.
6, Othez Factors
Tile proposed use is it,hay nosy with all other elements of compatibility pertinent to the Conditional Useanditspartioularlocation.
Harms.Farm and Garden Center has served the general population of McHenry for half a,century atitscturentlocation, If the applicatiozi is granted,the only change will be that the bt sitzess will be
County,located within the corporate limits of the City of MCHenly rather than in unfilcorporateci McHenry
F0RM C
Page 2 of 2
BEFORE THE PLANNING AND ZONING COMMISSION
OF THE CITY OF MCHENRY,ILLINOIS
IN THE MATTER OF THE PETITION OF
FIRST MIDWEST BANK, as Trustee under
the provisions of a trust agreement dated the 21"day
of October, 1992,kllowil as Trust Number 12742,and )ZONING
DENNIS L. HARMS and THERESA M. HARMS,sole }PETITION NARI2ATIVIJ
beneficiaries of said Trust,and SHIRLEY B. HARMS, )
as Trustee of the Shirley B:Harms Trust,FOR i
AMENDMENT OF THE ZONING ORDINANCE OF }
THE CITY OF MCHENRY,ILLINOIS AND FOR
A CONDITIONAL USE.
Your Petitioners, FIRST MIDWEST BANK, as Trustee under the provisions of a trust
agreement dated the 21" clay of October, 1992, known as Trust Number 12742, and DENNIS L.
HARMS and THERESA M.HARMS,sole beneficiaries of said Trust,and SHIRLEY B.HARMS,
as Trustee of the Shirley B. Harms Trust, respectfillly represent to the Platulillg all([ 7olung
oll"n'SSi611 of the City of McHetuy as follows:
1. FIRST MIDWEST BANK,as Trustee under tile provisions ofa trust agreement dated
2I11T day of October, 1992,known as Trust Number 12742,and SHIRLEY B.HARMS,as Trustee
of tiro Shirley B. Harms Trust, are the owners of record of the real estate which is more filly
described as follows:
Lots 25,2G,27 and 28 in Kelter Estate Subdivision,UnitNo. 1 being a Subdivision
of part of Section 34 Township 45 North, Range 8 East of the Third Principal
Meridian,accordilig to the Plat thereof.recorded March 14, 1949 as Document No.
218953,In Book 10 of Plats,page 112, in McHenry County,Illinois,
said parcel hereinafter referred to as the"subject property").
1
The following parcel Iniinbers have been assigned to the'srlbject property:
I
Lot 25: 09:34-326-002
Lot 26: 09 34-326-003
Let 27: 09-34-326.004 j
Lot 28: 09-34.326-005
2. DENNIS L. HARMS and THERESA M. HARMS, 4727 W. Crystal Lake Roa<1,i
McHenry; Illinois 60050, are the sole beneficiaixes of FIRST MIDW.EST BANI( Trust Number I
12742, SIIIIu.E'Y B. HARMS,4725 W. Crystal Lake Road, McHenry, Illinois 60050, is the sole
ibenef"icky of the Shirley B, Harms Trust. (FIRST MU)WEST BANK Trust Number 12742,
DENNIS L.HARMS aiid THERESAM,HA' RMS,and Tl e Shirley'B.Aarms Trust and SHIRLFy
B. -HARMS, are collectively ref'eri•ed to as the "OWNERS" of the subject property). The First
Midwest Bank Trust 12742 is the owner of record of Lots 26 fht-ougli 29. T}ie Shirley B. I arfns
Trust is file owner of record of Lot 25.
3. The subject property is located ozi the sotfflieast side of Crystal Lake Road All rortl1
ofunimproved Kelter Street,approximately one quarter zni le south of the intersection of'Frolit Royal
StMct and Crystal Lake Road. Tlie subject property colitains 7.6 acres, snore or less, Its street
address is 4725 and 4727 W. Crystal Lake Road, McHenry, Illinois, and file subject property is
currently being used as It garden center with a farm stand,for agri-tourism,commonly referred to
Hums Fami and Garden Center,"and as tiie staging area for ONVNERS'landscape,lawn care and
snow removal Business. It is improved with six bid Idings,ten quonset style structures and two f'raine
sheds used by OWNERS for the business located thereon. The subject property is also improved
with the OWNERS'residence and wie cell tower with supporting equipment.
2
l. The subjectptopertyispreseiitlyclassifiedA-1 Agriculture District by the McHenry
County Zoning Ordil.1auice.
5. The property to tine south anCl north of the subject property is zoned A-1 Agriculture
District by the MGF enry County Unified Development Ordinance, The property to the west is zoned
RS-3 Medium High Density Residential and to the east is zoned RS-2 lvledium Detisify Residential
by the City of McHenry Zonliig Ordinance,
G. Your Petitioners request that the subject property be annexed to the City ofMcHenuy
mud that upon aimexation it be zoned A-1 Agriculture District and that a Conditional Ilse be granted
to allow OWNERS' landscape, lawn care and snow reinowl business, with outdoor storage be
conducted on the subject property,
7. The subjectpropei•ty is well located and well suited for utilization as to the permitted
uses in the A--1 Agriculture District and such classification-would be in conformity to the
classification and uses of properties abutting the subject property. • .
8. A list of taxpayers abutting or adjoining Mike property owned by the Petitioners as
shown m the rolls of the County Treasurer-Collector is attached to this Petition as Exhibit``A", A
Plat of sni°vey of-tile subject property is also attached as Exhibit"B".
9. An affidavit/certification of(lie beneficiaries of flip,land trust and personal trust
whidh holds title to the subject property Is attached to this Petition as EAiibit"C',
WHEREFORE,your Petitioners pray that the Planning and Zonhig Coinmissionof,the City
ofMeHepry set a date,time mid place for hearing oil the contents of this Petition and that,as a result
of the taking of testimony and viewing of exhibits presented thereat, the Planning and Zoning
3
Conttnissiou recommend to file Mayor Arid City Contzcil thatupon aunexatioyl;the subject property
be classified as A-1 Agriculture District with a Conditional Use to all6w a lairdscape,lawn cage and
Snow removal busitiess with outdoor storage tuider the City of Mc1"Ietuy Zoning Ordinance,
n1
DATED this 710 day of Jtute,?.1.69.
FIRST MIDWEST BANK, as Trustee under
the provisions of a trust agreennent dated the
21" day of October, 1992 known as Trust
EE T,U III--'S IIIDEA ATTACHED Nurl bez' i2'742 azu: not personally
HERETO AND-MADE A PART HEREOF B Y_
y AUMORMD SIGNP,R
Attest' rs%
f A1UfKO5t=D 81GN13R
A))ENN 13 Z, AI S Beneficiar ofyERRSAM, HARiYI .,I3enelxciaiy ofidst1742
Said Trust 12742
SMRLEY B,HARMS TRUST
By
Shine 13, fIatms,Trustee
Steven J. Cuda
HAMER, SCHUH&CUDA
101 Van Buren Street
Woodstock,It 60098
815-33,8-1334
4
C
BEFORE THE PLANNING AND ZONING COMMISSION
OF THE CITY OF MCHENRY, ILLINOIS
IN THE MATTER OF THE APPLICATION
OF FIRST MIDWEST BANK, as Trustee under )
the provisions of.a.trust agreement dated the 21st )
day of October, 1992 known as Trust
Number 12742, and DENNIS L.HART\4S and
THERESA M.HARMS, sole beneficiaries of
said Trust;and SHIRLEY B. HARMS,
as Trustee of the Shirley B.Harms Trust,FOR )
AMENDMENT OF THE ZONING ORDINANCE )
OF THE CITY OF MCHENRY,ILLINOIS AND )
FOR A CONDITIONAL USE.
NOTICE
NOTICE IS HEREBY GIVEN that a public hearing will be held before the CITY OF
MCHENRY PLANNING?and ZONING COMMISSION in connection with the Petition of FIRST
MIDWEST BANK; as Trustee tinder the provisions of a Trust Agreement dated the 21" day of
October, 1992 known as Trust Number 12742,DENNIS L.HARMS and THERESA M.HARMS,
sole benetxeiaries of said Trust, and SHIRLEY B. HARMS , as Thistee of the Shirley B, Hamis
Trust,for Amendment of the Zoiung Ordinance of the City of McHenry,and fora Conditional Use
which would affect the following described zeal estate:
Lots 25,26,27 and 28 in Kelter Estate Subdivision,Unit No. 1,being a.Subdivision
of park of Section 34, Towliship 45 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof recorded Marcli 14, 1949 as Document No.
218951,In Book 10 of Plats,page 112 in McHenry County,Illinois.
said real estate herinafter referred to as the"Subject Property").
The address of the Subject Property is 4727 W. Crystal Lake Road,McHen y,Illinois, and
is coninionly known as Harms Farm and Garden Center. It is located on the east side of Crystal Lake
Road and just north of unimproved Kelter Street, approximately one-quarter mule south of the
1
Intersection"Front Royal Street and Crystal bake Road and contains 7.6 acres,more or less. It is
currently zoned A-1 Agriculture District by the McHenry County Unified Development Ordinance,
The Petition requests that the Subject Property bean hexed to the City of McHenry and upon.
annexation it be classified as A-i Agriculture District. Petitioners also request a conditional use be
granted to allow Agritourism and Petitioners'current farm and garden center,landscape,lawn care,
and snow reino'val business, with outdoor storage related thereto,to be conducted on the Subject
Property.
The following parcel numbers had been assigned to the Sicbject Property:
Lot 25: 09-34-326-002
Lot 26: 09-34-326-003
Lot 27: 09-34-326-004
Lot 28: 09-34-326-005
DENNIS L.HARMMS and THERESA M,HARMS,4723 W. Crystal Lake Road,McHenry,
Illinois, 60050, are the sole beneficiaries of FIRST MIDWEST BANK Trust 12742, which owns
Lots 26,27,and 28. SHIRLEY B.IJAItMS,4725.W.Crystal Lake Road,McTiemy,Illinois 60050
is the sole beneficiary and sole Tkustec of the Shirley B.Harms Trust,which owns Lot 25.
i
A hearing oil this Petition will be held on the 21"day of August,2019,at 7:30 p.m. at the
City of McHenry Municipal Center,333 South Green Street,MclIenry,Illinois,A''WHIGIITIiVIE
AND PLACE ally person desiring to be heard may be present.I,
I
CITY OF MCHEtNRY PLANNING AND
ZONING COMMISSION
By: Is/Shawn Strach
Chairman
Steven Jr. Cuda
HAMER,SCHUH sec CUDA
101 Van Burent Street
Woodstock,IL 60098
815-338-1334
2
i
EXHIBIT A
HARMS FARM AND GARDEN CENTER
LIST OF ADJOINING PROPERTY OWNERS
NAME PROPERTY INDEX NUMBER
1. Dennis L.and ThcresA M.Harms 09-34-376-001
4723 W. Crystal Lake Road
McHenry,IL 60050
2. Home Stato Batik Trust 5760 09-34-118-006
4719 W. Crystal Lake Road
McHenry,IL 60050
3. Overlook Investment Grouts 09-34-326-006
1416 Tecluty Road
Northbrook,IL 60062
4. City of McHenry(Cold Spiings Park) 09-34-401-005
333.S. Green 8treet
McHeiuy,IL 60050
5. Michael J. and Lurda Bartolone 09-34-327-001
4809 W. Crystal Lake Road
McHenry,IL 60050
6. CO BOARD OIL SCHOOL TRS DIST 156 09-34-177-008
C/o McIlenty Cornrlitrtrity High School
District 156
4716 W. Crystal Lake Road
McHenry,IL 60050
EXHIBIT B
PLAT OF SURVEY
Vandl7Et3jiptJt PLAT OF SURVEY
lrrd,.m(•V``(,1( ,.l tifTli[L
F tx11i(f Ts•IK.['i`VJ'sq fts=3lTh
Q.ram . `•t Y LOTH
AV-
4
i'• !` Gores
3.pt
I,
Ir
g LOT28 4 7.61A4 ACfIE8
l
rJ trT
107ti
1
EUEt10
iJltll ,(11(•>p1
9
M rao,y
n,n.(s clic(u 1 'la
aTr ea v,n1
L el7KNIr.J rt_:a,u t.l.,cl.7•.>•' I Twb:
Jfatl K/G tII HY4 r(Jvc14C(e•.F.XI Euh e•i'ata ia((••4(y Ylse r/r!-
Jlgl/{(It?sl
f.1
i K-.141.ran Iw:C„Isr;.r7..t{:n•:(a.n;titJaLl Lsv T4 Wfi..TL•(G
f:J st,.l:..(Imi>2. n''o•(
t"."-w:.(,..e'•g,`:•;1:;r e('.[
f//,i
TaJl:sz( ,u_rs ns 1..J.,i1:i tSi..s.y...•S„(.,a._Sd:.(...w.l.a(+r 4....e
y !"
N.wJ r...y.r sa.(t:i
s TOTE OF ILLINOIS
ss
COUNTY OF WHENRX )
TRUST Art VXT
1'he undeisigrzed, being first duly sworn upon their oath,state tts follows!
1. Dennis L.Harms aitd Theresa M. Farms, whose address is 4723 W. Crystal Take
Load,McHeluy Illinois 60050,are the solo beneficiaries of First Midwest Bank Trust 12742,
2.First Midwest Bank Trust 12 7A2 is the oVrter of record of Lots 26-28 of Ielter
state Subdivision, according to the Plat thereof recorded March 14, 1949 as Docunxeirtt NNuuriber
218953, in Book 10 of Plats,Page 112,in McHea y County,Illinois
Further Affiaus,sayeth Mt.
1
ei s L,>rIa ins ieresa M. Harm.,
Subscribed to and sworn before tll
thist'day of June,2019. or tetnt i nt.
PAT R IHGK{EDtiornnvPuaitc,srn otryCommisslonExpltosN
Notaey Public
EXH18IT C
STATE OF ILLINOIS
ss
COUNTY Or MelIENRY }
TRUST AFFIDAVIT
The ptidersi'gned, being first duly sworn upon her oath,states as follows.
1. Shirley B.Harms, whose address is 4725 W, Crystal Lake Road,McHciuy Illinois
60050, is the sole beneficiary and sole Trustee of the Shirley B. 1-farms Trust,
2.The Shirley B. Harms Trust is the ovr3w.of Lot 25 of Keifer Estate Subdivision,
according to the Plat thereof recorded Mardi 14, 1949 as Document Number 218953, in.800k 10
of flats, Page 112,in bAcHemy Cotuity,Illinois
Further Aftiatt sayeth tjot.
Shirley B.Harms
Subscribed to and sivoin,before me
this aoo0'day of June,2019:
or•Ficint.t} .
PAT A DICKWO .
t
N
COM
puaaic,srnri:Of it6.201syCommissionWhot{av2t,2o1a
S
Notary Public
EXHIBIT C
RIDER.ATTACHED TO AND MADE A PART OF
ZONING PETITION TO ANNEX PROPERTY TO THE CITY OF MCHENR'Y
This instrument is executed by FIRST MIDWES`1' BANK, not personally but solely asTrusteewiderTrustNumber12742intheexerciseoftiie.power acid authority conferreduponandvestedin'it as such Trustee. All the terms, provisions, stipulations, Covenants
and.conditions to be pe6gymed by FIRST MID"WEST BANKS are undertaken by it solelyasTrustee, as aforesaid, and not individually; and all statements herein made are made on
information and belief and are to be copstrued accordingly, and ixo personal liability shallbeassortedorbeenforceableagainstFIRSTMIDWESTRANI , by reason 'of any of thetez'ins,provisions, stipulations, covenants aixd/br statements contained in this instrument;
i
CITY OF MCHENRY
IYMCHENRY COUNTY
STATE OF ILLINOIS
ORDWAN"CI+:NUMBER ORD-18.1918
An Ortlbumce Adopting n Tent Ainendment to the Cate of Mol-leilly, Zorli.rg
Or(linnrrce fidding a New Zoning District Classificatlorr 0alle'd Agrlculture Distriet
Ad6pted by the
Mayor and City CotaiciI
Of the
City of McHenry
McHem),County
State of Illinois
December 17,2018
Published in pamphlet form by nirthol rity of the Mayor mid City Council of the City
of McHerrr;Y,Mellchry Coiinty,Yllinols this 17th clay of Dcoernbor,2018,
Department of,
VA Economic Development
McHenry Municipal Center
333 Green Street
McHenry,Illinois 66650
n/f 1L1 Phpy-r + one:(815)363-2170
1 Y1 J 4 I u Fax.(815)363-27.73
www,chnnchenry.11,us
ORDINANCE NO.3.8- Tq
AN ORDINANCE ADOPTING A TEXT AMENDMENT TO T14C CITY OF MCHENRY, ILLINOIS
ZONING ORDINANCE ADDING A NEW ZONING DISTRICT CLASSIFICATION CALLED
AGRICULTURE DISTRICT
WHEREAS,fire City of McHenry, McHenry County,Illinois, Is a home rule nnunicipalAy as
contemplUted under Article Vll, 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 il(inols;and
WHEREAS, a petition has been filed by the City of McHenry requesting a text
amendment to the City of McHenry zoning Ordinance;and
WHEREAS, a public hearing on said petition was meld before the Planning and zoning
Commission on November 14,2018,in the manner prescribed by ordinance and statute,and as,
a result of said hearing, the Planning and zoning Commission did recommend to the City
Council the granting of the requested zoning text amendment;and
WHEREAS,the Clty Council has considered the evidence and recommerndatlon frorn tine
Planning and zoning Comrnisslon and finds that the approval of tine zoning text amendment
currently requested and approved by tills ordinance are consistent with the objectives of the
City of McHenry Zoning Ordinance to iirotect the public health, safety, morals and general
welfare of Its residents,
NOW, THEREFORE, RE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHEN RY COUNTY,ILLiNOIS,AS FOLLOWS:
SECTION 1. That Chapter iV, Residential Districts is hereby amended by adding thereto
the following language:
AA, A-1 Agrlculture District
The intent of tile A-1 Agriculture District is to permit agricultural uses and activities. Residences
are allowed oil agricultural parcels within the City. The standards of tile A-1 District promote
farming and protection of agricultural land uses from the encroachment of Incompatible [and
uses.
Department of
1 Economic Developirtent
McHenry Municipal Center
333 Gredn Street
McHenry,Illinois 60650
Phone;(815)363-2170
Fax;(818)363-2113
www,ci.rnchenry,iLus
permitted Uses
Agriculture
Aninlaf Care shelter
Conservation Area
Dwelling,Single-Family
Farmstand
Feed,Tack,Grain,and Seed Sales
Garden Center
Greenhouse/landscape and Nursery BusIneSs-No Outdoor Storage
Park
Public Facility
Conditional Uses
Agricultural hnplement Sales and Service
Agriculture Employee Housing
Agricultural Produce Processing
Agritourlsm (An agriculturally-based operation which draws visitors,)
Art Gallery
Arts Studio
Assembly Use
Athletic Facility,Outdoor
Bed and Breakfast
Campground
Cemetery/Cemetery,Pet
Club,Lodge
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry,Illinois 60050
Pholiec($15)363-2170
tax:(035)363-2173
www,cl,mchehry.11.us
Country Club
Cultural Facility
Day Camp
Drive-in Theater
Dwelling Unit,Accessary
Farrier
Food Processing
Grain Elevator-Commercial
Golf Course/Driving Range-Commercial
Halfway House
Homeless/Domestic Violence Shelter
Worse Arena, Indoor/Outdoor
Horse Stables
Hotel
Kennel-Commerclal
Landing Area-Restricted
Landiog Area-Restricted-Persoiial Ilse
Landscape/Nursery Business with Outdoor Storage
Landscape Waste Cohiposting Faclllty
Medical Cannahls Cllltivation Center
Power Production
Public Safety Training Facility
Reception Facility
Resort
Sawmill
1 lad iyv_
Department of
k—f Economic Development
McHenry Municipal Centel-
333 Green Street
McHenry,Illinois 60050
Phone:(815)363.2170
y x 1U1 Fax:(M)363-2173
ol
www;ci,ntchenrvJIms
Solar Farm
Dulls and Sethaclt Regulatlohs
F.Area IYli4o2
Maicit>lurn Max.Froizt Yard 13u1[d. Corner ltrter[or Bear Yard Dldg,
Wildg. Bldg.Set, Side Yard Side Yard Set.
Height, Coverage Bldg.Set, Bldg.Set.
Up1) to 2 ac, Up to 2 30' from ROW or 30' front 30' from 30' from ROW or
ac 407 ac,30% 65' from ROW or ROW or 65' from
150'2-3 ac, 2-3 ae. centerline If no 65' from 65' from centerllne If no
2-3 ac, Go' 20% dedicated ROW centerllne centerllne dedicated ROW
175'3-5 ac. 3-5 ac, exists if no if no exists
3-5 ac, 80' 15% dedicated dedicated
250'5+ac, 5+ac, ROW ROW
5+ac. No max,10% exists exists
330'
SECTION z All Ordinances or parts thereof In conflict with the terms and provisions
hereof are hereby repea[ed to the extent of such conflict.
SECTION 3; This Ordinonce shall be published In pamphlet form by and tinder the
authority of tite corporate authorities of the City of McHenry, McHenry County,Illinois,
SECTION 4: This Ordinance shall be in full force and effect from and after its passage,
apl>roya1,and publication In pamphlet form as provided by law.
I,
PASSED THIS DAY OF <<t1 t1-• 1}.s 2018
AYES: n-11A-U U1u
r,
NAYS; 1 C.,y
ABSTAINED; COX
Department of,
Economic Development
McHenry Munidpal Center
333 Greeti Street
McHenry,Illfnols6t7050
C V
Phone:(815)363-2170
WNW
l A Fax:(815)363-2173
www,ci.tttchetiry.!(,us
ABSENT:
NOT VOTING:
APPROVED THIS DAY OP_(> t>,v 2018
N V
1Nayne ,Je t
ATTEST:
Debra Meadows
r 0r John R. Birk, Chief of Police
S
McHenry Municipal Center
Z 333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2200
Fax: (815) 363-2149
MCHenr jbirk@ci.mchenry.il.us
VWW
CONSENT AGENDA SUPPLEMENT
DATE: September 3`d, 2019
TO: Mayor and City Council
FROM: John R. Birk, Chief of Police
RE: Consideration of an Ordinance to Repeal and Replace Chapter 12, Licenses
and Permits Generally, Article III, Raffles, Sec. 12-55 through Sec.12-65 of
the City of McHenry Municipal Code
ATT: Proposed Ordinance
Exhibit A
Item Summary:
The purpose of this agenda item is to repeal and replace the City Raffle Ordinance in its entirety.
Staff will be present to answer any questions Council may have.
Background:
In July of 2016 the City formally adopted a Raffle Ordinance. Although modifications were
made to prize limits no other significant changes have been made thus far. In July of 2019 the
State of Illinois revised the raffle law found within 230 ILCS 1511. In order to comply with the
updated state statue additional revisions are required of the City ordinance.
In addition the City has recently experienced raffles in which the size of the raffle event
adversely impacted city services and presented safety issues within the community. In order to
mitigate these service and safety issues Council has previously adjusted the prize amount cap
within the ordinance. As both current organizations and future organizations apply for raffle
licenses with the City, Staff has been asked for a way to better control the service and safety
issues.
Analysis:
In reviewing the updated state law the following significant changes are being proposed to the
City raffle ordinance:
1. Language that allows raffle chances to be sold thought the corporate limits and the entire
state rather than just on site at the Key Location of the organization.
2. Ability for an approved organization to rent space from a third party (that is not a non-
profit organization)to run a raffle event.
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented, efficient and fiscally responsible manner.
3. Ability for an organization to hire a business(es) to assist in the operation (not the
management) of a raffle event to include tasks such as; advertising, marketing and
promotion; legal; procurement of goods, prizes, wares and merchandise for the purpose of
operating the raffle; rent, if the premises upon which the raffle will be held is rented;
accounting, auditing and bookkeeping; website hosting; mailing and delivery; banking and
payment processing, or other services related to the operation of the raffle.
In addition Staff is proposing a licensing fee structure for larger scale raffles which would help to
offset the cost of time spent by staff to process, research, issue and monitor the license.
4. Establishment of a Licensing Fee Structure:
Cash Value or Merchandise Value License Fee
0-$100,000 None
101,000-$499,000 500.00
500,000-$999,000 1,000.00
1,000,000 or greater 2,500.00
Lastly, Staff is recommending the following changes to the Prize Limit and Duration section of
the code.
5. Set the prize cap at$2,000,000
6. Add the following language (oversight authority) to mitigate both concerns associated with
city services and community safety.
In the event that the Chief of Police (or designee) determines that a proposed
raffle is adversely impacting city services or the safety of the community due to
size, traffic, security or other reasons, a notice may be issued requiring the game
be brought to an end within seven (7) days.
All of the above changes will allow us to conform to the state statute, collect license fees that
will offset city costs and mitigate any adversely impacted city services or community safety
concerns.
Recommendation:
Therefore, if Council concurs, it is recommended that a motion be made to adopt the
attached Ordinance Repealing and Replacing Chapter 12, Licenses and Permits Generally,
Article III, Raffles, Sec. 12-55 through Sec. 12-65 of the City of McHenry Municipal Code
in its entirety.
ORDINANCE NO.
An Ordinance Repealing and Replacing Chapter 12 Licenses and Permits,Article III,Raffles
Sections 12-55 through 12-65 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;
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: Chapter 12,Licenses and Permits,Article III,Raffles,Sec. 12-55 through Sec.
12-6, shall be fully repealed and replaced in its entirety and restated as referenced in Exhibit A
attached hereto.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect,impair,invalidate or nullify the remainder thereof,which remainder shall remain and
continue in full force and effect.
SECTION 3:All 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:
Trisha Ramel, City Clerk
Passed:
Approved:
CERTIFICATION
I,Trisha Ramel,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 Council Members of said City of McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Council Members ofthe
City of McHenry, held on the 3rd day of September, 2019, the foregoing Ordinance entitled
Ordinance Repealing and Replacing Chapter 12 Licenses and Permits, Article III, Raffles
Sections 12-55 through 12-65 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 2019.
Trisha Ramel, City Clerk
City of McHenry,
McHenry County, Illinois
SEAL)
Exhibit A
MUNICIPAL CODE
CHAPTER 12,ARTICLE III: RAFFLES
Sec.12-55 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
Charitable. An organization or institution organized and operated to benefit an indefinite number
of the public. The services rendered to those eligible for benefits must also confer some benefit on
the public.
Educational. An organization or institution organized and operated to provide systematic
instruction in useful branches of learning by methods common to schools and institutions of
learning which compare favorably in their scope and intensity with the course of study presented
in tax-supported schools.
Fraternal. An organization of persons having a common interest, the primary interest of which
is to both promote the welfare of its members and to provide assistance to the general public in
such a way as to lessen the burdens of government by caring for those that otherwise would be
cared for by the government.
Key Location. The location where the winning chances in the raffle are determined.
Labor. An organization composed of workers organized with the objective of betterment of the
conditions of those engaged in such pursuit and the development of a higher degree of efficiency
in their respective occupations.
Net Proceeds. The gross receipts from the conduct of raffles, less reasonable sums expended for
prizes, local license fees and other reasonable operating expenses incurred as a result of operating
a raffle.
Nonprofit. An organization or institution organized and conducted on a not-for-profit basis with
no personal profit inuring to anyone as a result of the operation.
Raffle. A form of lottery, as defined in subsection (b) of Section 28-2 of the Criminal Code of
2012 conducted by an organization licensed under this chapter in which:
a) The player pays or agrees to pay something of value for a chance, represented and
differentiated by a number or by a combination of numbers or by some other medium, one or
more of which chances is to be designated the winning chance; and
b) The winning chance is to be determined through a drawing or by some other method based on
an element of chance by an act or set of acts on the part of persons conducting or connected
with the lottery, except that the winning chance shall not be determined by the outcome of a
publicly exhibited sporting contest.
Religious. Any church,congregation,society or organization founded for the purpose of religious
worship.
Exhibit A
Veterans. An organization or association comprised of members which are substantially veterans
and spouses, widows or widowers of veterans, the primary purpose of which is to promote the
welfare of its membership and to provide assistance to the general public in such a way as to confer
a public benefit.
Sec. 12-56. Authority for Issuance: Applicability.
The Office of the City Administrator or designee shall have the authority to issue licenses for
raffles subject to the limitations set forth in this Ordinance. Nothing in this Chapter shall be
construed to authorize the conducting or operating of any gambling scheme,enterprise, activity or
device other than a raffle provided herein.
Sec. 12-57 License Required.
a) It shall be unlawful for any person, firm or corporation to conduct raffles or chances within the
City of McHenry unless the person,firm or corporation has a valid license issued in accordance
with the provisions of this chapter.
b) Licenses shall be issued only to bona fide religious, charitable, labor, fraternal, educational,
veteran or other bona fide not-for-profit organizations that operate without profit to their
members and which have been in existence continuously for a period of five years immediately
before making application for a license and which have been during that entire five-year period
engaged in carrying out their objects, or to a nonprofit fund-raising organization that the City
of McHenry determines is organized for the sole purpose of providing financial assistance to
an identified individual or group of individuals suffering extreme financial hardship as the
result of an illness,disability, accident,disaster or to any law enforcement agency or statewide
association that represents law enforcement.
Sec. 12-58. Application for License.
Applications for such licenses shall be made to the City Administrator or his/her designated
representative, signed by the applicant or its duly authorized representatives and verified by oath
or affidavit, and shall contain the following information and statements:
a) Name and address of the applicant;
b) The area or areas within the City and outside the City in which the raffle chances will be sold
and issued;
c) The time period during which raffle chances will be sold or issued;
d) The date, time,manner and"Key Location"of determining the winning chance(s);
e) A sworn statement attesting to the not-for-profit character of the respective licensee
organization signed by the presiding officer and secretary of that organization;
f) A copy of the applicants not-for-profit articles of incorporation and/or charter; and
Exhibit A
g) Such other information as the Office of the City Administrator may require under the authority
of this Chapter or 230 ILCS 15.
h) Each license issued under this article shall be valid for a single raffle or a specified number of
raffles to be conducted during a specific period not to exceed one (1)year.
Sec. 12-59. License Fees.
Cash Value or Merchandise Value License Fee
0 - $100,000 None
101,000 - $499,000 500.00
500,000 - $999,000 1,000.00
1,000,000 or greater 2,500.00
Sec. 12-60. Restrictions on Issuance of Licenses.
No such license shall be issued to:
a) A person who has been convicted of a felony;
b) Any person who is or has been a professional gambler or gambling promoter;
c) A person who is not of good moral character;
d) A person who license issued under this chapter has been revoked for cause;
e) 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;
f) Any firm or corporation in which a person defined in(a), (b) or(c)has a proprietary, equitable
or credit interest, or in which such a person is active or employed;
g) Any organization in which a person defined in(a),(b)or(c)is an officer,director,or employee,
whether compensated or not; or
h) Any organization in which a person defined in(a), (b)or(c)is to participate in the management
or operation of a raffle as defined in this code.
Sec. 12-61. Conduct of Raffles.
The conducting of raffles is subject to the following restrictions:
a) The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the
organization permitted to conduct that game.
b) No person except a bona fide director, officer, employee or member of the sponsoring
organization may participate in the management or operation of the raffle.
c) No person may receive any remuneration or profit for managing or participating in the
management of the raffle.
Exhibit A
d) Sponsoring organizations may contract with third parties who, acting at the direction of and
under the supervision of the sponsoring organization, provide bona fide services to the
sponsoring organization in connection with the operation (not management) of a raffle and
may pay reasonable compensation for such services including:
1) advertising, marketing and promotion,
2) legal,
3) procurement of goods, prizes, wares and merchandise for the purpose of operating the
raffle,
4) rent, if the premises upon which the raffle will be held is rented,
5) accounting, auditing and bookkeeping,
6) website hosting,
7) mailing and delivery,
8)banking and payment processing, or
9) other services related to the operation of the raffle.
e) A licensee may rent a premises on which to determine the winning chance or chances in a
raffle provided that the rent is not determined as a percentage of the receipts or profits from
the raffle.
f) Raffle chances may be sold or issued throughout the State.
g) Winning chances may be determined only at the "Key Location" identified on the application
and subsequent license.
h) A person under the age of 18 years may participate in the conducting of raffles or chances. A
person under the age of 18 years may be within the area where winning chances are being
determined only when accompanied by his/her parents or guardian and in accordance with
applicable law.
Sec. 12-62. Raffles Manager; Bond.
Operation and conduct of raffles shall be under the supervision of a single raffles manager
designated by the person or organization making application for a license. The raffles manager
shall file with the Officer of the City Administrator a fidelity bond in an amount not less than the
anticipated gross receipts for each raffle. The bond shall be in favor of the organization and
conditioned upon his/her honesty in the performance of duties. The bond shall also provide that
notice be given in writing to the City of McHenry not less than 30 days prior to its cancellation.
The City Administrator or his/her designated representative is authorized to waive the requirement
for a bond by including a waiver provision in the license issued, provided that the license
containing such waiver provision shall be granted only by the affirmative vote of the requisite
number of members of the licensed organization or, if the licensed organization does not have
members, of members of the governing board of the organization, to constitute an affirmative
action of the licensed organization.
Sec. 12-63. Raffle Tickets.
a) Each raffle ticket, chance or other raffle token shall state, on its face,the name and address
of the licensee, the date or dates of the drawings, and the prize or prizes to be awarded;
provided however,that this requirement shall not apply to any raffle in which the following
occurs:
Exhibit A
1)prizes in aggregate value under fifty dollars ($50.00) are awarded,
2) any raffle in which raffle chances are sold only on the date of the drawing during the
event at which the drawing is to be conducted.
3) any raffle in which the chances sold document a serial number which can be traced
back to a specific raffle which clearly defines the name of the organization, location,
drawing dates,times and prize amounts.
b) No such raffle ticket, chance or token shall be sold or issued more than one hundred eighty
180) days before the determination of a winning chance or chances.
c) If any raffle for which a license is issued under this Chapter is canceled, or if any such
raffle is not conducted on the date contained in the application for license,the licensee shall
refund all money paid for any raffle chances issued or sold to the persons to whom such
raffle chances were issued or sold within forty-five (45) days after the date on which the
raffle was to be conducted or within forty-five(45) days after the cancellation of the raffle,
whichever is sooner.
Sec. 12-64. Prize Limit and Raffle Duration.
a) The aggregate retail value of all prizes or merchandise awarded by a licensee and
received by a player or players in a single raffle shall not exceed $2,000,000.00.
Aggregate retail value of all prizes or merchandise awarded"shall mean the gross
value, before taxes, of all the prizes or merchandise awarded in a single raffle.
b) The maximum retail value of each prize awarded by a licensee and received by a
player or players in a single raffle shall be $2,000,000.00."Maximum retail value
of each prize awarded"shall mean the gross value,before taxes,of each single prize
awarded in a single raffle.
c) The maximum price which may be charged for each raffle chance issued or sold
shall be $100.
d) The maximum number of days during which chances may be issued or sold is 365.
e) In the event that the Chief of Police (or designee) determines that a proposed raffle
is adversely impacting city services or the safety of the community due to size,
traffic, security or other reasons, a notice may be issued requiring the game be
brought to an end within seven(7) days.
Sec. 12-65 Records.
a) Each organization licensed to conduct raffles and changes shall keep records of its gross
receipts, expenses and net proceeds for each single gathering or occasion at which winning
chances are determined. All deductions from gross receipts for each single gathering or
occasion shall be documented with receipts or other records indicating the amount, a
description of the purchased item or service or other reason for the deduction,and the recipient.
The distribution of net proceeds shall be itemized as to payee, purpose, amount and date of
payment.
Exhibit A
b) Gross receipts from the operation of raffles programs shall be segregated from other revenues
of the organization, including bingo gross receipts, if bingo games are also conducted by the
same nonprofit organization pursuant to a license therefor issued by the Department of
Revenue of the State of Illinois, and placed in a separate account. Each organization shall have
separate records of its raffles. The person who accounts for gross receipts, expenses and net
proceeds from the operation of raffles shall not be the same person who accounts for other
revenues of the organization.
c) Each organization licensed to conduct raffles shall report monthly to its membership, and to
the City of McHenry, its gross receipts, expenses and net proceeds from raffles, and the
distribution of net proceeds itemized as required in this section. Such reports shall be filed
with the Office of the City Administrator on the fifteenth(151h) day of each month.
d) Records required by this section shall be preserved for three years, and organizations shall
make available their records relating to operation of raffles for public inspection at reasonable
times and places.
Bill Hobson, Director of Parks and Recreation
McHenry Recreation Center
e r
3636 Municipal Drive
McHenr
McHenry, Illinois 60050
Phone: (815) 363-2160
1 L Fax: (815) 363-3119
www.ci.mchenry.il.us/park—recreation
CONSENT AGENDA SUPPLEMENT
DATE: September 3, 2019
TO:Mayor and City Council
FROM: Bill Hobson, Director of Parks and Recreation
RE:Request to advertise for proposals for janitorial services related to the Recreation
Center
ATTACHMENTS:
Bid Documents
AGENDA ITEM SUMMARY:
City staff is requesting to advertise for bids related to cleaning of the Recreation Center.
BACKGROUND:
In 2016 immediately prior to the Recreation Center opening the city advertised for the
contractual cleaning of the facility. The city awarded the low bid to Alpha Building Services and
has remained with them for the last 3 plus years.
Within the last year of the contract, cleanliness of the facility's contracted cleaning has declined.
Staff has made repeated attempts to meet with the contractor and rectify these ongoing issues.
In addition, the hours spent in the facility have also declined and the contracted price has
remained the same.
Staff, with Council's permission, would like to re-advertise for the contracted cleaning of the
facility and terminate the relationship with Alpha Building Service.
ANALYSIS:
The cleanliness of a facility can often be the single most important fact in the satisfaction to those
visiting and utilizing a facility. Aspects of that cleanliness has deteriorated at the Recreation
Center and Alpha has shown no interest in remedying the decline.
Alpha's current contract is $29,120 per year.
RECOMMENDATION:
Therefore, if Council concurs,then staff requests authorization to solicit proposals for janitorial
services directly related to the Recreation Center.
w_
McH nry
SPECIFICATIONS and BID DOCUMENTS
JANITORIAL SERVICE
MCHENRY RECREATION CENTER 3636
MUNICIPAL DRIVE
MCHENRY, IL 60050
FOR
CITY OF MCHENRY
333 S. GREEN STREET
MCHENRY, IL 60050
BID OPENING:
1
Project Manual/Bid Specification
Project Title: McHenry Recreation Center Janitorial Service
Site Address: McHenry Recreation Center
3636 Municipal Drive
McHenry, IL 60050
Owner: City of McHenry
333 S. Green Street
McHenry, IL 60050
Owner's Rep: Bill Hobson—Director of Parks and Recreation
bhobson@cityofmchenry.org
815.363.2159
Bid Documents:Plans and/or Specifications are available at:
City of McHenry
333 S. Green Street
McHenry, II 60050
Or Available by Email Upon Request
Pre-Bid Meeting: Friday, September20 @ 2:00 P.M.
McHenry Recreation
Center
3636 Municipal Drive
McHenry, IL 60050
Bid Due Date: Friday,September 27 @ 11:00 A.M.
McHenry Recreation
Center
3636 Municipal Drive
McHenry, IL 60050
Bids will be publicly opened and read aloud at that time.
Project Start Date: Tuesday, October 8, 2019
2
Table of Contents
Page
Advertisement for Bid 4
Instructions to Bidders 6
Bid Form 11
Pricing Worksheet 16
Bidders Certifications 17
Substance Abuse Prevention Certification 21
General Conditions 22
Supplemental Conditions 22
Work Summation 28
Scope of Work 31
Scope of Work—Option 1 31
Unsatisfactory Clause 32
ADVERTISEMENT for BID
Project Name: McHenry Recreation Center Janitorial Service (the"Project").
The City of McHenry (the "City," or "Owner") will receive sealed bids for the above referenced
Project until 11:00 a.m., September 27, 2019. All bids shall be addressed to the City Clerk's
Office, City of McHenry, 333 S. Green Street, McHenry, Illinois 60050, and thereafter will be
publicly opened and read aloud. Each bid must be placed in a sealed opaque envelope and shall
be clearly marked "Sealed Bid— McHenry Recreation Center Janitorial Service".
Bid Documents may be obtained at City Hall, 333 S. Green Street, McHenry, IL 60050 or by email
upon request. For more information, contact Bill Hobson, Director of Parks and Recreation at
815.363.2159 or bhobson@cityofmchenry.org .
3
A Pre-Bid meeting will be held at the Recreation Center on Friday, September 20, 2019 at 2:00
P.M. This pre-bid meeting / site walk through is MANDATORY. This meeting will be used to
review the Specifications and give any Bidders the opportunity to discuss any concerns with the
Owner.
The City reserves the right to waive all technicalities,to accept or reject any or all bids,to accept only
portions of a bid and reject the remainder. Owner will award the Contract to the lowest most
responsible and responsive Bidder, as determined by Owner. In considering the Bidder's
responsibility,the Owner may evaluate, among other factors, the ability of the Bidder to provide
experienced labor sufficient in numbers to timely and properly complete the Work,the financial
capability of the Bidder, and the performance of the Bidder on other projects.
Bids shall not include federal excise tax or state sales tax for materials to be incorporated in, or
totally consumed in the prosecution of the Work. A tax exemption certificate will be furnished
by the City at the request of the Bidder. The City's tax exemption number shall only be used by
the successful Bidder for the Work of this Project. After the bid opening, no bid may be
withdrawn and all bids shall remain firm for sixty(60) days.
All bids must be accompanied by cashier's check or bid bond payable to the order of the City of
McHenry for ten percent (10%) of the amount of the bid as provided in the Instructions to
Bidders. No proposals or bids will be considered unless accompanied by such bond or check.
The Contractor(s) selected will also be required to comply with all applicable federal, state and
local laws, rules, regulations and executive orders, including but not limited to those pertaining
to equal employment opportunity.
The City of McHenry is an Equal Opportunity Employer and encourages "minority" business
firms to submit bids on the approved Project and encourages the successful Contractor(s) to
utilize minority businesses as sub-Contractors for supplies, equipment, services and
construction.
Dated at the City of McHenry, McHenry,
Illinois, 2019
by
Bill Hobson
Director of Parks and Recreation
4
INSTRUCTIONS TO BIDDERS
DATE: September 4, 2019
BID REQUEST: McHenry Recreation Center Janitorial Services(the"Project").
Sealed bids will be accepted until 11:00 a.m. on Friday, September 27, 2019 and immediately
thereafter publicly opened and read aloud at City Hall, 333 S. Green Street, McHenry, IL 60050.
Bids arriving after this time will be rejected and will be returned unopened, including mailed bids
regardless of when post marked. All Bidders are welcome to attend the bid opening. After bid
opening, bids will be submitted for approval to the McHenry City Council at a regularly scheduled
meeting.
Work is expected to begin on Tuesday October 8, 2019
1. Preparation and Submission of Bid Proposal
It is the sole responsibility of the Bidder to see that his bid is received in proper time. No faxed,
e-mailed bid or modification of a bid will be considered. It is the responsibility of the bidder to
print and sign all bid documents. The City is not responsible for the premature opening of bids
not marked as required. Any bid opened prematurely due to the failure of the Bidder to mark
the envelope in accordance with these Bid Documents will be considered non-responsive.
Bidders' prices are to include the delivery of all materials; including plant, equipment, supplies,
tools,scaffolding,transportation, insurances, bonds,warranties,and all other items and facilities,
and the performance of all labor and services, necessary for the proper completion of the Work
except as may be otherwise expressly provided in the Contract Documents. Bids shall not include
federal excise tax or state sales tax for materials to be incorporated in,or totally consumed in the
prosecution of, the Work. An exemption certificate will be furnished by the City upon request of
the Bidder.
Bidder must acknowledge all Addenda received in the spaces provided on the Contractor Bid
Form. By submitting a bid, Bidder indicates that all considerations issued by Addendum are
incorporated in the bid.
Bidders shall return all Bid Documents, including Drawings and Specifications with the bid,and
no sheets shall be detached from any part of the Bid Documents.
Attached to the Bid Form will be one or more certifications regarding the Bidder's compliance
with applicable laws. Failure of a Bidder to complete/submit a required certification shall be
5
the basis for immediate rejection of that Bidder's bid. The certification of the successful Bidder
shall become a part of the Contract with the City.
The Bidder shall submit its prices on the attached Contractor Bid Form. The Bid Form shall be
executed properly and all writing, including all signatures, shall be with black ink. Failure to use
the Bid Form provided could result in resection of the bid. Do not detach any portion of this
document; invalidation of the bid could result.
The Bidder shall specify in figures, in the places provided, a price for each of the separate items
called for in the Bid Form.
2. Requirement of Bidders
Bidders must be able to demonstrate that they:
1. Have experience in performing and have successfully performed and are still actively engaged in
performing work similar in kind and scope to the Work of the Project.
2. Are able to show that they have adequate laborers and materials to successfully complete the
Work as indicated in the Bid Documents and within the time required by the Bid Documents.
3. Not have been debarred or determined ineligible for public contracts by any governmental
agency.
The following information must be attached to the bid proposal. Failure to do so may result in
disqualification of the Bidder.
1. On a separate sheet, list all similar services the organization has completed in the past two years;
which are comparable in scope, giving the name of the project, project description, project
address, owner, and telephone number.
a. Provide the original contract amount and date(s) of service
b. Scope of work provided during contract period
c. Reason for discontinued services
2. On a separate sheet, list all administrative proceedings and litigation filed by or against Bidder in
the past five (5) years, including the name and case number, name/jurisdiction of the court or
administrative agency, and a summary of each claim/case, including current status and if no
longer pending,the disposition.The foregoing includes but is not limited to information regarding
6
any proceedings and actions taken by any governmental agency to debar or disqualify the Bidder
from bidding on public contracts, including the name of the agency initiating the
proceeding/action, the nature of the proceeding/action, the claimed basis for the
proceeding/action and the current status or disposition of the proceeding/action.
3. On a separate sheet, indicate all instances in which Bidder has been rejected for not being a
responsible bidder, giving the name of the project, project description, project address, owner
and telephone number, architect and telephone number, contract amount, and an explanation
of the circumstances surrounding the rejection.
4. On a separate sheet, provide a list of all contracts to which you were a party and with respect to
which you were declared to be in breach of one or more provisions;giving a the type of contract,
the project location where applicable, the names and addresses of the parties to the contract,
the name of the party declaring the breach, the nature of the claimed breach and current status
or resolution of the claim.
5. On a separate sheet, provide itemized estimates of final bid number. Including labor rate,
insurance, payroll taxes, equipment pricing, and any/all overhead expenses. This exercise is to
ensure responsible financial practices are in place.
Other required submittals include:
Bid proposal
Contractor's Compliance and Certification Attachment/Substance Abuse Prevention Program
Certification.
Price Worksheet
Failure of a Bidder to complete/submit these documents shall be the basis for immediate
rejection of that Bidder's bid.
3. Examination of Site, Drawings, Specifications
Each Bidder shall visit the site(s) of the proposed Work and fully acquaint themselves with
conditions, as they exist, and shall undertake such additional inquiry and investigation as he shall
deem necessary so that he may fully understand the requirements, facilities, possible difficulties
and restrictions attending the execution of the Work under the Contract. Bidder shall thoroughly
examine and be familiar with all of the Bid Documents including but not limited to the Drawings
and the written Specifications. Any conflicts or discrepancies found between or among Bid
Documents including but not limited to the Drawings and written Specifications and the site
conditions, or any errors,omissions or ambiguities in the Drawings or written Specifications shall
be immediately reported to the City and the Architect and written clarification requested prior
to submission of a bid.
7
The failure or omission of any Bidder to obtain, receive or examine any form, instrument, or
information or to visit the Project site(s), and become knowledgeable with respect to conditions
there existing, or to seek needed clarification shall in no way relieve any Bidder from any
obligations with respect to his/her bid. By submitting a bid, the Bidder agrees, represents and
warrants that he has undertaken such investigation as he deemed necessary, has examined the
site(s) and the Bid Documents, has obtained all needed clarifications and where the Bid
Documents indicate in any part of the Work, that a given result be produced, that the Bid
Documents are adequate and the required result can be produced as indicated in the
Specifications and Drawing(s). Once the award has been made, failure to have undertaken and
completed the foregoing tasks shall not be cause to alter the original Contract or to request
additional compensation.
4. Acceptance or Rejection of Bids
The Owner may accept the bid of, and award the contract for the
Work to, the lowest responsive and responsible Bidder as determined by and in the sole
discretion of the Owner.
The Owner reserves the right to:
1. Reject all bids
2. Reject only certain bids which are non-conforming or non-responsive to the bid requirements
3. Accept only a portion, part or specific items of Work of all and reject others, as the Owner shall
in its sole discretion determine to be in its best interest
4. Award the Contract to the responsible Bidder submitting the lowest bid responsive to the bidding
requirements. No bid will be accepted from or Contract awarded to any person, firm or
corporation that is in arrears or is in default to the City upon any debt or contract, or that is a
defaulter, as surety or otherwise, upon any obligation to said City or that has failed to perform
faithfully any previous contract with the City.
In the event of a rejection of a portion, part, or certain items of Work of all bids, the bid of each
Bidder shall automatically be deemed reduced by the amount of such rejected part or item at the
unit price or other cost designated therefore by that Bidder on its submitted Contractor Bid Form.
The successful Bidder so selected may not refuse to enter into a Contract with the Owner on the
basis that the Owner awarded a Contract for less than all portions or items of the Work specified
in the Bid Documents.The McHenry City Council reserves the right to waive any technicalities or
irregularities, and to disregard any informality on the bids and bidding, when in its opinion the
best interest of the City will be served by such actions and in accordance with applicable law.
g
S. Surety
All bids must be accompanied by a bid bond or bank cashier's check payable to the City of
McHenry for ten percent (10 %) of the amount of the bid and drawn on a responsive and
responsible bank doing business in the United States. All bids not accompanied by a bid security,
when required,will be rejected.
The bid security of all except the three (3) lowest responsive and responsible Bidders will be
returned after the decision to accept or reject bids by the McHenry City Council. The bid security
of the successful Bidder will be returned after acceptance by the City of an acceptable
Performance Bond, Labor and Materials/Payment Bond and a certificate of insurance naming the
City of McHenry as the certificate holder and as additional insured, and the successful Bidder has
executed and returned to the City the Contract for the Work presented by the City.
6. Withdrawal of Bid
Bidders may withdraw or cancel their bids at any time prior to the advertised bid opening time
by signing and submitting a request for said withdrawal. After the bid opening time, no bid shall
be withdrawn or canceled for a period of sixty (60) calendar days.
7. Award,Acceptance and Contract
Owner will award the Contract to the lowest most responsible and responsive Bidder, as
determined by Owner. In considering the Bidder's responsibility,the Owner may evaluate,among
other factors, the ability of the Bidder to provide experienced labor sufficient in numbers to
timely and properly complete the services, conformity with the Specifications, serviceability,
quality, and the financial capability of the Bidder, and the performance of the Bidder on other
projects.
Bids will be awarded to one Bidder for the entire Project or to any series of Bidders for an
appropriate proportion of the Project. If specified in the Bid Form, awards will be based upon
the submitted unit prices.
The acceptance of a bid will be by a Notice of Award, signed by a duly authorized representative
of the City; no other act by the City shall constitute the acceptance of a bid. The acceptance of a
bid by the City shall bind the successful Bidder to execute and perform the Work of the Contract.
The successful Bidder to whom the Contract is awarded by the City shall sign and deliver to the
City for execution by the City all required copies of the Contract,along with all required insurance
and surety documents within ten (10) days after presentation to him of the Contract for
signature. In case the Bidder shall fail or neglect to do so, he will be considered as having
abandoned the Contract, and as being in default to the Owner. The Owner may thereupon re-
advertise or otherwise award said Contract and forfeit the Bid Security.
9
The Invitation to Bid, Instructions to Bidders, General Conditions, Supplementary and/or Special
Conditions, if any, Drawings, Specifications, Contractor Bid Form, Addenda, if any, Contractors
Compliance and Certifications Attachment, and Substance Abuse Certification comprise the Bid
Documents. The Bid Documents and the Performance Bond and Labor Material Payment Bond
and proof of insurance comprise the Contract Documents. The successful Bidder will provide a
Standard/Form of Agreement Between Owner and Contractor.
8. Interpretation of the Contract Documents
The City shall in all cases determine the amount or quantity of the several kinds of Work which
are to be paid for under this Contract, and shall decide all questions which may arise relative to
the execution of the Contract on the part of the Contractor, and all estimates and decisions shall
be final and conclusive. The City shall have the right to make alterations in the lines, grades,
plans, forms, or dimensions of the Work herein contemplated either before or after the
commencement of the Work. If such alterations diminish the quantity of the Work to be done,
they shall not constitute a claim for damage or for anticipated profits on the work dispensed with,
or if they increase the amount of Work, such increase shall be paid according to the quantity
actually done and at the price or prices stipulated for such Work in the Contract. The City reserves
the right to approve, an equal to or superior to product or equipment required under the
Specifications, or to reject as not being and equal to or superior to the product or equipment
required under the Specifications. If the Bidder is in doubt as to the interpretation of any part of
the Bid Documents, or finds errors, discrepancies or omissions from any part of the Contract
Documents, he must submit a written request for interpretation thereof not later than five (5)
days prior to opening of bids to the City. Address all communications to Bill Hobson at the City
of McHenry Parks & Recreation Department. If an error or omission is discovered in the Bid
Documents after the bid opening,the City reserves the right: i)to determine whether to require
the submission of new bids;or ii) if the error or omission is of such a nature that it was reasonably
discoverable upon a careful review of the Bid Documents, to award the Contract to the lowest
responsive and responsible Bidder as determined by the City and to require that Contractor to
perform the Work in accordance with an issued correction by the City and/or Architect and for
the amount bid by the Contractor. Such decisions are final and not subject to recourse. Errors
and omissions made by the Bidder cannot be corrected after the bid opening.
9. Addenda
Any interpretation, correction to, or addition to the Bid Documents will be made by written
Addendum and will be delivered by mail or fax to each prime Bidder of record. The written
Addenda constitute the only interpretations of the Bid Documents; the City accepts no
responsibility for any other claimed interpretations or communications.
10
It is the responsibility of each Bidder to verify that he has received all Addenda prior to submitting
a bid. It is also the responsibility of each Bidder to verify that all subcontractors and material
suppliers whose prices are incorporated in the Bidder's bid are familiar with the Bid Documents
in their entirety, including all Addenda issued up to the time of bid opening.
In the event a conflict or omission is discovered in the Bid Documents after the issuing of the last
Addendum such that an interpretation cannot be issued by the City prior to bidding, the Bidder
is directed to estimate on and provide the quantity and quality of material and labor consistent
with the overall represented and indicated Work so as to provide all materials, equipment, labor,
and services necessary for the completion of the Work in accordance with the Bid Documents.
BID FORM
Proposal of(name of Contractor) hereinafter called "Bidder",
a)/(an) (corporation, partnership, individual) doing business as
To the City of McHenry, herein after called the "Owner."
The Bidder, in response to the Owner's Advertisement for Bids for McHenry Recreation Center
Janitorial Service, having examined the Plans and Specifications, hereby proposes to furnish and
deliver all labor, materials and supplies in accordance with the Specifications, within the time set
forth therein and at the prices stated below. These prices are to cover all expenses including
delivery to McHenry, Illinois.
Bidder acknowledges receipt of the following Addenda (if applicable), which will be part of the
Contract Documents:
Numbers:
Bidder hereby agrees to start work after receipt of "Notice to Proceed" from the Owner and to
substantially complete the Project/provide the services as and when specified.
Communications concerning this Bid shall be addressed to the Bidder indicated below:
11
Name:
Street Address:
City) State) Zip)
Phone Number:
If Bidder is:
An Individual:
By:
SEAL)
Individual's Name)
doing business as
Business Address:
Phone Number:
A Partnership:
By:
SEAL)
Firm Name)
General Partner)
Business Address:
Phone Number:
12
A Corporation:
By:
SEAL)
Corporation Name)
State of Incorporation)
By:
Name of Person Authorized to Sign)
Title: Attest
Secretary)
CORPORATE SEAL)
Business Address:
Phone Number:
By submission of its bid, the Bidder acknowledges, agrees, represents, declares and warrants:
13
1. That it has visited and examined the site, and is fully familiar with and has satisfied
itself as to the site and the local and other conditions under which the Work is to be
performed, including without limitation, (i) surface conditions of the site and
subsurface conditions readily observable or ascertainable upon the exercise of
reasonable diligence and all structures and obstructions thereon and thereunder,
both natural and manmade; (ii)the nature, location,and character of the general area
in which the Project is located, including without limitation, its climatic conditions,
available labor supply and labor costs,and available equipment supply and equipment
costs; and (iii) the quality and quantity of all materials, supplies, tools, equipment,
labor, and professional services necessary to complete the Work in the manner and
within the cost and time frame indicated by the Contract Documents; and has
correlated the Bidder's personal observations with the requirements of and matters
indicated in or by the proposed Contract Documents.
2. To hold the bid open for sixty(60) days subsequent to the date of the bid opening.
3. To enter into and execute a Contract with the Owner within ten (10) days after the
date of the Notice of Award, if awarded on the basis of this bid, and in connection
therewith to:
a) Furnish all bonds and insurance required by the Contract Documents;
b)Accomplish the Work in accordance with the Contract Documents; and (c)
Complete the Work within the time requirements as set forth in the
Contract Documents.
4. That the Bidder has carefully examined the Instructions to Bidders, the Drawings and
Specifications, and the Project Manual in its entirety, in order to determine how these
affect the bid proposal, the forms of the Contract, the required Contract bonds, and
duration thereof, and that the Bidder has inspected in detail the site of the proposed
Work, and been familiarized with all of the requirements of construction, and of the
governing municipalities under whose jurisdiction the Project falls (its codes,
ordinances and construction requirements therein), and understands that in making
this proposal, the Bidder waives all rights to plead any misunderstanding regarding
the same.
5. That if this proposal is accepted, the Bidder is to provide all of the necessary
equipment, tools, apparatus, labor, and other means of construction, and to do all of
the Work and to furnish all of the materials specified in the Contract Documents in
the manner and at the time therein prescribed, and in accordance with the
requirements set forth.
6. To furnish Bid Bond in accordance with the Instructions to Bidders.
14
7. To furnish Performance/Labor and Material Payment Bond in accordance with the
Instructions to Bidders.
8. To commence work as specified in the Instructions to Bidders, and to prosecute the
Work in such a manner, and with sufficient materials, equipment and labor as will
ensure its completion within reasonable time, it being understood and agreed that
the completion within such reasonable time is an essential part of this Contract.
9. To give the total base bid amount, the total add alternate and/or subtract alternate
amounts (if requested) both in words and in figures. The total bid amount in each
case shall be the sum of all of the total item amounts as applicable and as described
above.
Bidder agrees to perform all of the work described in the Contract Documents for the following
price:
Base Bid
Option 1 Porter Service
Sworn and subscribed to before me this Notary Public or Other
Officer day of 2013
Authorized to Administer Oaths.
My Commission expires:
Notary Signature)
City of McHenry
15
Bid Package Pricing Worksheet
McHenry Recreation Center Janitorial Service Price Worksheet
Contractor's Name:
Address:
Phone:
Email:
Total Pricing
Base Bid:
Option #1 Porter Service:
Maintenance Service Hourly Wage:
CONTRACTOR COMPLIANCE AND CERTIFICATIONS ATTACHMENT
Note:The following certifications form an integral part of the Agreement between the Owner
and Contractor. Breach by Contractor of any of the certifications may result in immediate
termination of the Contractor's services by Owner.
THE UNDERSIGNED CONTRACTOR HEREBY ACKNOWLEDGES, CERTIFIES, AFFIRMS AND AGREES
AS FOLLOWS:
A. Contractor has carefully read and understands the contents, purpose and legal effect of
this document as stated above and hereafter in this document. The certifications
contained herein are true, complete and correct in all respects.
B. Contractor shall abide by and comply with, and in contracts which it has with all persons
providing any of the services or Work on this Project on its behalf shall require compliance
with, all applicable Federal, State and local laws and rules and regulations including
16
without limitation those relating to 1) fair employment practices, affirmative action and
prohibiting discrimination in employment; 2) workers' compensation; 3) workplace
safety;4) wages and claims of laborers, mechanics and other workers,agents, or servants
in any manner employed in connection with contracts involving public funds or the
development or construction of public works, buildings or facilities; and 5) steel products
procurement.
C. To the best of Contractor's knowledge, no officer or employee of Contractor has been
convicted of bribery or attempting to bribe an officer or employee of the State of Illinois,
or any unit of local government, nor has any officer or employee made an admission of
guilt of such conduct which is a matter of record.
D. Contractor is not barred from bidding on or entering into public contracts due to having
been convicted of bid-rigging or bid rotating under paragraphs 33E-3 or 33E-4 of the
Illinois Criminal Code. Contractor also certifies that no officers or employees of the
Contractor have been so convicted and that Contractor is not the successor company or
a new company created by the officers or owners of one so convicted. Contractor further
certifies that any such conviction occurring after the date of this certification will be
reported to the Owner, immediately in writing, if it occurs during the bidding process, or
otherwise prior to entering into the Contract therewith.
E. Pursuant to the Illinois Human Rights Act (775 ILCS 5/2-105), Contractor has a written
sexual harassment policy that includes, at a minimum, the following information: (i) a
statement on the illegality of sexual harassment; (ii) the definition of sexual harassment
under State law; (iii) a description of sexual harassment utilizing examples; (iv) the
Contractor's internal complaint process including penalties; (v) the legal recourse,
investigative and complaint process available through the Illinois Department of Human
Rights and the Human Rights Commission and directions on how to contact both; and
vi) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights
Act. Contractor further certifies that such policy shall remain in full force and effect. A
copy of the policy shall be provided to the Illinois Department of Human Rights upon
request.
G. Contractor shall abide by the "Employment of Illinois Workers on Public Works Act" (30
ILCS 570/0.01 et seq.) which stipulates that whenever there is a period of excessive
unemployment in Illinois, defined as any month immediately following two (2)
consecutive calendar months during which the level of unemployment in Illinois exceeds
five percent (5%) as measured by the U.S. Bureau of Labor Statistics in its monthly
publication of employment and unemployment figures, the Contractor shall employ only
Illinois laborers unless otherwise exempted as so stated in the Act. ("Illinois laborer"
means any person who has resided in Illinois for at least 30 days and intends to become
or remain an Illinois resident). Other laborers may be used if Illinois laborers are not
17
available or are incapable of performing the particular type of work involved if so certified
by the Contractor and approved by the Owner.
H. (i) Contractor's bid proposal was made without any connection or common interest in the
profits anticipated to be derived from the Contract by Contractor with any other persons
submitting any bid or proposal for the Contract; (ii) the Contract terms are in all respects
fair and the Contract will be entered into by Contractor without collusion or fraud; (iii) no
official, officer or employee of the Owner has any direct or indirect financial interest in
Contractor's bid proposal or in Contractor, (iv)the Contractor has not directly or indirectly
provided, and shall not directly or indirectly provide, funds or other consideration to any
person or entity(including, but not limited to,the Owner and the Owner's employees and
agents), to procure improperly special or unusual treatment with respect to this
Agreement or for the purpose of otherwise improperly influencing the relationship
between the Owner and the Contractor. Additionally, the Contractor shall cause all of its
officers, directors, employees, (as the case may be) to comply with the restrictions
contained in the preceding sentence.
I. Contractor knows and understands the Equal Employment Opportunity Clause
administrated by the Illinois Department of Human Rights, which is incorporated herein
by this reference, and agrees to comply with the provisions thereof. Contractor further
certifies that Contractor is an "equal opportunity employer" as defined by Section 2000
e) of Chapter 21, Title 42 of the United States Code Annotated and Executive Orders
11246 and #11375 as amended, which are incorporated herein by this reference.
J. Neither Contractor nor any substantially owned affiliated company is participating or shall
participate in an international boycott in violation of the provisions of the U.S. Export
Administration Act of 1979 or the regulations of the U.S. Department of Commerce
promulgated under that Act.
F. Contractor is not barred from contracting with the Owner because of any delinquency in
the payment of any tax administrated by the Illinois Department of Revenue, unless it is
being contested. Contractor further certifies that it understands that making a false
statement regarding delinquency in taxes is a Class A misdemeanor and, in addition,voids
the Contract and allows the Owner, a municipal entity, to recover in a civil action all
amounts paid to the Contractor.
G. If Contractor has 25 or more employees at the time of letting of the Contract, Contractor
knows, understands and acknowledges its obligations under the Illinois Drug Free
Workplace Act (30 ILCS 580/1 et seq.) and certifies that it will provide a drug-free
workplace by taking the actions required under, and otherwise implementing on a
continuing basis, Section 3 of the Drug Free Workplace Act. Contractor further certifies
18
that it has not been debarred and is not ineligible for award of this Contract as the result
of a violation of the Illinois Drug Free Workplace Act.
H. Contractor knows, understands and acknowledges its obligations under the Substance
Abuse Prevention on Public Works Act, 820 ILCS 265/1 et seq. A true and complete copy
of Contractor's Substance Abuse Prevention Program Certification is attached to and
made a part of this Contractor Compliance and Certification Attachment.
I.The Contractor shall comply with the requirements and provisions of the Freedom of
Information Act(5 ILCS 140/1 et.seq.)and, upon request of the Vernon Hills Park District's
designated Freedom of Information Act Officer(FOIA Officer), Contractor shall within two
2) business days of said request, turn over to the FOIA Officer any record in the
possession of the Contractor that is deemed a public record under FOIA.
CONTRACTOR
By:
Its:
STATE OF
SS
COUNTY OF
I, the undersigned, a notary public in and for the State and County, aforesaid, hereby certify
that appeared before me this day and, being first duly
sworn on oath, acknowledged that he executed the foregoing instrument as his/her free act and
deed and as the act and deed of the Contractor.
Dated:
Notary Public) (SEAL)
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SUBSTANCE ABUSE PREVENTION PROGRAM CERTIFICATION
The Substance Abuse Prevention on Public Works Projects Act, 820 ILCS 265/1 et seq., ("Act")
prohibits any employee of the Contractor or any Subcontractor on a public works project to use,
possess or be under the influence of a drug or alcohol, as those terms are defined in the Act,
while performing work on the project. The Contractor/Subcontractor [circle one], by its
undersigned representative, hereby certifies and represents to the City of McHenry that
Contractor/Subcontractor must complete either Part A or Part B below]:
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A. The Contractor/Subcontractor[circle one] has in place for all of its employees not covered
by a collective bargaining agreement that deals with the subject of the Act a written substance
abuse prevention program, a true and correct copy of which is attached to this certification,
which meets or exceeds the requirements of the Substance Abuse Prevention on Public Works
Act,820 ILCS 265/1 et seq. [Contractor/Subcontractor must attach a copy of its substance abuse
prevention program to this Certification.]
Name of Contractor/Subcontractor(print or type)
Name and Title of Authorized Representative (print or type)
Dated:
Signature of Authorized Representative
B. The Contractor/Subcontractor [circle one] has one or more collective bargaining
agreements in effect for all of its employees that deal with the subject matter of the Substance
Abuse Prevention on Public Works Projects Act, 820 ILCS 265/1 et seq.
Name of Contractor/Subcontractor (print or type)
Name and Title of Authorized Representative (print or type)
Dated:
Signature of Authorized Representative
21
GENERAL CONDITIONS OF THE CONTRACT
Contractor must provide a contract document to include each of the following supplemental
conditions.
SUPPLEMENTAL CONDITIONS
I.Insurance and Indemnity Requirements
Contractor shall procure and maintain for the duration of the contract, insurance against claims
for death, injuries to persons, or damages to property which may arise from or in connection with
the performance of work hereunder by the Contractor, his agents, representatives, employees
or subcontractors of the types and in the amounts listed below.
A. Commercial General and Umbrella Liability Insurance. Contractor shall maintain
commercial general liability (CGL) and, if necessary, commercial umbrella insurance with
a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a
general aggregate limit, it shall apply separately to this project/location. CGL insurance
shall be written on Insurance Services Office (ISO) occurrence form CG 00 01, or a
substitute form providing equivalent coverage, and shall cover liability arising from
premises, operations, independent contractors, products-completed operations,
personal injury and advertising injury, and liability assumed under an insured contract
including the tort liability of another assumed in a business contract). Owner shall be
included as an insured under the CGL, using ISO additional insured endorsement CG 2010
or a substitute providing equivalent coverage, and under the commercial umbrella, if any.
This insurance shall apply as primary insurance with respect to any other insurance or self-
insurance afforded to Owner and Architect. There shall be no endorsement or
modification of the CGL limiting the scope of coverage for liability arising from pollution,
explosion, collapse, or underground property damage.
B. Continuing Completed Operations Liability Insurance. Contractor shall maintain
commercial general liability (CGL) and, if necessary, commercial umbrella liability
insurance with a limit of not less than $1,000,000 each occurrence for at least three years
following substantial completion of the work. Continuing CGL insurance shall be written
on ISO occurrence form CG 00 01, or substitute form providing equivalent coverage, and
shall, at minimum,cover liability arising from products-completed operations and liability
assumed under an insured contract. Continuing CGL insurance shall have a products-
completed operations aggregate of at least two times its each occurrence limit.
Continuing commercial umbrella coverage, if any, shall include liability coverage for
damage to the insured's completed work equivalent to that provided under ISO form CG
0001.
22
C. Business Auto and Umbrella Liability Insurance. Contractor shall maintain business auto
liability and, if necessary, commercial umbrella liability insurance with a limit of not
less than $1,000,000 each accident. Such insurance shall cover liability arising out of any
auto including owned, hired and non-owned autos. Business auto insurance shall be
written on Insurance Services Office (ISO) form CA 00 0 I, CA 00 05, CA 00 12, or a
substitute form providing equivalent liability coverage equivalent to that provided in the
1990 and later editions of CA 00 01.
D. Workers Compensation Insurance. Contractor shall maintain workers compensation as
required by statute and employers liability insurance. The commercial umbrella and/or
employers liability limits shall not be less than $1,000,000 each accident for bodily injury
by accident or $1,000,000 each employee for bodily injury by disease. If Owner has not
been included as an insured under the CGL using ISO additional insured endorsement CG
20 10 under the Commercial General and Umbrella Liability Insurance required in this
Contract, the Contractor waives all rights against Owner and its officers, officials,
employees, volunteers and agents for recovery of damages arising out of or incident to
the Contractors work.
C. General Insurance Provisions.
1. Evidence of Insurance prior to beginning Work, Contractor shall furnish Owner with a
certificate of insurance and applicable policy endorsements, executed by a duly
authorized representative of each insurer, showing compliance with the insurance
requirements set forth above. All certificates shall provide for 30 days written notice
to Owner prior to the cancellation or material change of insurance referred to therein.
Written notice to Owner shall be by certified mail, return receipt requested. Failure
of Owner to demand such certificate, endorsement or other evidence of full
compliance with these insurance requirements or failure of Owner to identify a
deficiency from evidence that is provided shall not be construed as a waiver of
Contractor's obligation to maintain such insurance. Owner shall have the right, but
not the obligation, of prohibiting Contractor or any subcontractor from entering the
project site until such certificates or other evidence that insurance has been placed in
complete compliance with these requirements is received and approved by Owner.
Failure to maintain the required insurance may result in termination of this Contract
at Owner's option. With respect to insurance maintained after final payment in
compliance with a requirement above, an additional certificate shall provide certified
copies all insurance policies required above within 10 days of Owner's written request
for said copies.
2. Acceptability of Insurers. For insurance companies which obtain a rating from A.M.
Best,that rating should be no less than A VII using the most recent edition of the A.M.
Bests Key Rating Guide. If the Bests rating is less than A VII or a Best's rating is not
23
obtained, tile Owner has the right to reject insurance written by an insurer it deems
unacceptable.
3. Cross-Liability Coverage. If Contractor's liability policies do not contain the standard
ISO separation of insureds provision, or a substantially similar clause, they shall be
endorsed to provide cross-liability coverage.
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to the Owner. At the option of the Owner, the Contractor may be
asked to eliminate such deductibles or self-insured retentions as respects the Owner,
its officers, officials, employees, volunteers and agents or required to procure a bond
guaranteeing payment of losses and other related costs including but not limited to
investigations, claim administration and defense expenses.
5. Subcontractors. Contractor shall cause each subcontractor employed by Contractor
to purchase and maintain insurance of the type specified above. When requested by
the Owner, Contractor shall furnish copies of certificates of insurance evidencing
coverage for each subcontractor.
F. Indemnification
To the fullest extent permitted by law, the Contractor shall waive all right of contribution
and shall indemnify and hold harmless the Owner and its officers, officials, employees,
volunteers and agents from and against all claims, damages, losses and expenses,
including but not limited to legal fees (attorney's and paralegals fees and court costs),
arising out of or resulting from the performance of the Contractor's work, provided that
any such claim, damage, loss or expense (i) is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of tangible property, other than the work
itself, including the loss of use resulting therefrom and (ii) is caused in whole or in part by
any wrongful or negligent act or omission of the Contractor, any Subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may
be liable, regardless of whether or not it is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right or obligation of indemnity which would otherwise exist as to any
party or person described in this Paragraph. Contractor shall similarly protect, indemnify
and hold and save harmless the Owner, its officers, officials, employees, volunteers and
agents against and from any and all claims, costs, causes, actions and expenses including
but not limited to legal fees, incurred by reason of Contractor's breach of any of its
obligations under, or Contractor's default of, any provision of the Contract.
24
II. Progress Schedule Meetings and Reports
Progress meetings with Contractor will be held regularly with Owner, unless both the Owner
and Contractor modify the schedule.
The Contractor is required to send representatives who can commit the Contractor to a
decision at the meetings.
III. Execution, Correlation Intent and Interpretations
Figured dimensions and marked data shall take precedence over scale measurements, and
details shall take precedence over smaller scale general Drawings. Discrepancies or
ambiguities found in Drawings or Specifications shall at once be reported to the Owner for
clarification.
If Work is required in a manner to make it impossible to produce first-class work, or should
discrepancies appear among Contract Documents, or if the Contractor has any questions
regarding the meaning of Contract Documents, the Contractor must request the Owner's
interpretation and clarification before proceeding with Work. If the Contractor fails to make
such request, no excuse will thereafter be entertained for failure to carry out the Work in a
satisfactory manner.Should any conflict occur in or between Drawings and Specifications,the
Contractor is deemed to have estimated on, and agreed to provide the greater quantity or
better quality of materials and Work unless he shall have, before submission of proposal,
asked for and obtained written decision of the Owner as to which method or materials will
be required.
Wherever any provision of the Specifications conflict with any agreements or regulations of
any kind at any time in force among members of any trade associations, unions or councils,
which regular or distinguish what work shall not be included in the work of any particular
trade, the Contractor shall make all necessary arrangements to reconcile any such conflict
without delay, damage or cost to the Owner and without recourse to the Owner. In case the
progress of the Work is affected by any undue delay in furnishing or installing any items of
material or equipment required under the Contract because of a conflict involving any such
agreement or regulation,the Architect/Owner may require that other material or equipment
of equal kind or quality be provided at no additional cost to the Owner.
The obligations of the Contractor shall be construed to include, but not be limited to, injury
or damage consequent upon failure to use or misuse of the Contractor, his agents and
employees, of any scaffold, hoist, crane, stay, ladder, support or other mechanical
contrivance erected or constructed by any person; or any or all other kinds of equipment
whether or not owned or furnish by the Owner.
25
IV. Sub-contractors
Proper and complete execution of all Work shall be the responsibility of the Contractor and
should contractor properly subcontract certain parts of the Work, the Owner will hold the
Contractor responsible for proper and complete execution thereof. If the Contractor elects to
enter into subcontracts for any section of the Work, contractor shall assume all responsibility
of ascertaining that the sub-Contractor for the Work is thoroughly acquainted with all
conditions of Work and that the sub-Contractor has included all materials and appurtenances
in connection therewith. It shall also be the responsibility of the Contractor to notify sub-
Contractors at time of request for bids of all requirements of the Contract Documents that,
the Contractor, intends to include as part of subcontract.
The Contractor shall not subcontract any Work without prior written approval of the Owner,
which approval will not be given until the Contractor submits to the Owner a written
statement concerning the proposed subcontract, which statement shall contain such
information as the Owner may require.
The Contractor shall submit with the bid, the names of sub-Contractors for other parts of the
Work. The Contractor shall not employ any sub-Contractor that the Owner may, within a
reasonable time, object to as incompetent or unfit.
The Contractor shall be as fully responsible to the Owner for the acts and omissions of the
sub-Contractors, and of persons either directly or indirectly employed by them, as the
contractor is for their acts and the acts and omissions of persons directly employed by said
contractor.
The Contractor shall cause the appropriate provisions to be inserted in all subcontracts
relative to the Work to bind sub-Contractors to the Contractor by the terms of the Contract
Documents, and to require sub-Contractors to comply with the Contract Documents, and to
give the Contractor the same power as regards terminating any subcontract that the Owner
may exercise over the Contractor under any provision of the Contract Documents.
Nothing contained in the Contract shall create any contractual relation between any
subContractor and the Owner.
Contractor shall cause each sub-Contractor employed by Contractor to purchase and
maintain insurance of the type specified above. When requested by the Owner, Contractor
shall furnish copies of certificates of insurance evidencing coverage for each sub-Contractor.
26
V. Payments and Completion
Contractor shall supply monthly invoices to Owner with a certified payroll sheet indicating
individuals who performed duties. Any and all "a la carte"duties shall be itemized on invoices.
The Owner may withhold or nullify all or part of any payment to such an extent as may be
necessary to protect the Owner from loss on account of defective Work not remedied, claims
filed or reasonable evidence indicating probable filing of claims,failure of Contractor to make
payments to sub-Contractors or for material or labor, or for any other reason as specified in
the Contract Documents.
VI. Uncovering and Correction of Work
Contractor's duty to correct Work shall not be limited to a period of one (1)year from the date
of completion if the defect was of a latent nature or occurred in materials or workmanship
covered by Contractor before Owner was able to inspect same contrary to the requirements
of the Contract Documents, or as otherwise specified by the Contract Documents. All
correction of unacceptable work shall be made before final payment is made.
VII. Miscellaneous Provisions
Protection of Work and Property - The Contractor shall continuously maintain adequate
protection of all the Work from damage and shall protect the Owner's property from injury
or loss arising in connection with this Contract.
Contractor shall comply with all federal, state and local laws, rules and regulations applicable
to the work, all Village of Vernon Hills' building codes, and all laws and regulations pertaining
to occupational and work safety and disposal of landscape waste and construction debris.
Access to Work-The Owner and his representatives shall at all times have access to the Work
whenever it is in preparation or progress.
Clean Up - The Contractor shall at all times keep the Work site free from accumulation of
waste materials or rubbish caused by his employees or work and, at the daily completion of
the Work, he shall remove all waste materials/rubbish from the worksite.
27
City of McHenry
McHenry Recreation Center Janitorial Service
3636 Municipal Drive
McHenry, IL 60050
WORK SUMMATION
The City of McHenry (referred as "owner" herein out) is currently seeking a professional,
efficient, and thorough janitorial service for our McHenry Recreation Center. McHenry
Recreation Center(referred as "location" herein out) is approximately 18,200 sq. ft. facility
which services McHenry with fitness and recreation services. The work that is to be done is
seven (7) days a week year around accept certain Holidays. Please refer to Attachment A
for list of operational days.
Please refer to Attachment B for complete list of duties.
The Option 1 Day Porter Service is not mandatory in order to submit a bid for the janitorial
service but it is desired that all bid participants include a price structure for this service. This
day porter is a service to maintain the cleanliness of the facility, especially in the locker rooms,
equipment and other common areas, during operational hours. All washrooms and locker
rooms will remain open. This service WILL BE re-evaluated after six months to determine its
viability within our organization. Special provisions may be made to compensate the early
termination if deemed necessary.
Please refer to Attachment C for list of duties.
This request for bid is a fourteen (14) month janitorial service agreement starting February 26,
2016 and ending April 30, 2017. There will be a comprehensive evaluation by the owner (and
contractor if desired) at the conclusion of the 13th month of service. Options for additional year
of service will be considered at that time.
During the first month of service we will require a weekly meeting with a manager of the
contractor and owner to discuss any and all issues. After the first month; we will require a
monthly meeting for the duration of the contract.
We request that ALL bidders provide at least five (5) references and at least (5) current
contracts in which similarjob tasks are being performed. Please include owner, address, phone
number, contact name, and a list of duties performed.
28
We request that ALL bidders break down, to the best ability, the base bid price structure on a
separate document as described in Section 2, bullet 6. Please include the average number of
people, hourly wage, and time it takes to perform duties on the Document A and Document B,
and also include on Document C, if providing for this option.
All invoices submitted must be approved by the McHenry City Council at public meetings that
will occur on the first and third Monday of each month. Checks may be released as soon as the
next business day.
Mounted Key System will be provided by owner for access to facility. Contractor will be given a
specific code to access keys and must return keys to Mounted Key System. Contractor is will
NOT leave premises with keys.
Documentation
Owner will provide checklists for contractor to fill out each day. It is the responsibility of the
contractor's staff to check all items completed, initial, and date as necessary.
Background checks for all contractor employees must be provided to owner to keep on file.
This includes any and all persons substituting in the event of a leave of absence of any kind. In
addition all employees entering the facility for work must have a picture ID badge with the
following: picture, company name, pertinent company information, employee name, phone
number, employee ID number, and supervisor.
Chemicals Supplies and Equipment
If the contractor wishes to submit a bid using their chemical cleaning methods, using their own
supplies, and using their equipment exclusively; PLEASE indicate this on your bid submittal.
The owner will NOT provide the following:
Vacuums of any kind
Carpet Extractors
Floor scrubber and/or burnisher
Tile and grout cleaning machines
Ladders of any kind
Eye protective gear
Hearing protective gear Dust mask or respirator
Disposable gloves
The owner may provide the following:
29
All garbage can liners
Toilet Paper
Paper Towels
Soaps
Hand Sanitizers
Waxed lined sanitary bags
Urinal screens
Micro Fiber cloths
Two—55 gal. garbage cans on rollers
Cleaning cart
Floor disinfecting microfiber mop for Day Porter Service ONLY
Toilet Brushes
Certain Cleaning Chemicals -TO BE DETERMINED
General Safety Practices
All safety trainings must be Occupational Safety and Health Administration (herein as
OSHA) approved and documented for the Owner
All chemicals MUST have a Safety Data Sheet (SDS) inserted into the appropriate binder
supplied by Owner
All chemicals must be stored in a proper fashion according to the appropriate SDS Any
and all equipment must in good working condition and clearly marked as "contractor
name"
During working hours; there must be a minimum of two (2) people present to perform
tasks throughout the night
Recommended Personal Protective Equipment (provided by contractor) as per OSHA
standards o Includes but not limited to gloves (disposable and non-disposable), safety
glasses, hearing protection equipment, air particulate masks, etc... Any and all injuries
must be reported to owner in written form.
Any and all emergencies must be reported immediately to owner.
High Dusting—Above 6 Feet
High dusting above six (6) feet is part of the base bid. This is a service that will be required of
the contractor. If the contractor needs to subcontract or pay a higher wage; please be sure to
incorporate this cost into your base bid.The owner is not responsible and will not pay for the
increase in price due to this service. Please note that the owner will not supply ladders or lifts
of any kind for this service; the contractor must supply equipment and the equipment must
leave the facility after each use.
30
SCOPE OF WORK
McHenry Recreation Center Janitorial Services All
work to be completed during non-business hours:
Building Operational Hours o Monday thru Thursday
S:OOam—10:OOpm
o Friday S:OOam—8:OOpm o
Saturday 7:OOam—6:OOpm o
Sunday 7:OOam—6:OOpm
Please refer to Attachment A for holiday operational days.
There are several days that this facility is open for business during certain holidays. (Please refer
to document B).
Please note that we will require the services of the contractor on those holidays.
If holiday pay is required, as per contractor's labor agreement, please incorporate this cost into
your base bid pricing. The owner is not responsible and will not pay for holiday pay during the
course of the contract.
Please refer to Attachment B for list of Janitorial duties.
Scope of Work—Option 1 Porter Service
The porter service hours would occur between 1:30pm — 3:30pm Monday thru Friday and
1:30pm—3:30pm on Saturday and Sunday.
One of each gender is required for this porter service during the above mentioned hours.
Please refer to Attachment C for list of Day Porter duties.
Please indicate the price structure on Option 1 Porter Service on the bid document price
worksheet.
31
Porter Services will NOT be necessary on holidays the facility is open or closed.
UNSATISFACTORY CLAUSE
This clause has been inserted to ensure that both parties, Owner and Contractor, are willing
and able to work within the contract. If after several attempts of documented corrective
action, whether initiated by the Owner or Contractor, there are still issues that make it
impossible to continue the services agreed to; both parties will part ways without any
compensation or legal action.
If agreed please print and sign name and submit with bid.
Name
Signature
Company Name
Date
32
McHenry Parks&Recreation Department
McHenry Recreation Center
General Information
Document A
Facility Hours
Monday-Thursday 5:OOa-10p
Friday 5:OOa-8p
Saturday&Sunday 7a-6p
Open 7am-1pm
New Year's Eve, New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving,Christmas Eve
Day after Thanksgiving open 7a-8p
Holiday Hours of Operation
Closed: Easter, Christmas Day
Children's Center Hours of Operation
Monday-Thursday 830a-12p,4:30-7:30p
Friday&Saturday 830a-12p
Closed Sundays
Holiday Hours of Operation
Closed on the following major holidays:
New Year's Eve, New Year's Day, Easter, Memorial Day, Independence Day, Labor Day,Thanksgiving,
Christmas Eve, Christmas Day
Day after Thanksgiving open 830a-12p
Attachment B-Janitorial Cleaning
McHenry Rec Center-Janitorial Cleaning Service Task List
Lobby, Hallways, Front Desk,Vestibules (3) Daily As Needed Weekly Monthly Quarterly ISemiAnnually Annually
Trash and recycling removed and liners changed if food present x
Trash and recycling containers cleaned x
Front desk damp wiped-tops and sides x
All glass entrance doors and windows to be cleaned x
Lobby windows to be cleaned x
All door handles to be sanitized x
Floors vacuumed x
Non-carpeted floors to be swept,sanitized,washed x
Vinyl and plastic furniture to be wiped down x
Tables to be wiped down x
Upholstered furniture to be vacuumed x
Dust and spot clean walls x
Dust doors,door frames and window frames x
Dust HVAC vents and light fixtures x
All drinking fountains to be sanitized x
All Stainless steel and chrome to be polished x
TV monitors dusted x
Dust floor boards x
Machine clean and buff/polish tile floors x
Kitchen and Community Rooms (3) Daily As Needed Weekly Monthly Quarterly Semi Annually Annually
Trash and recycling removed and liners changed if food present x
Trash and recycling containers cleaned x
Vacuum floor x
Non-carpeted floors to be swept,sanitized,washed x
Sanitize all counter tops and sinks x
Sanitize all door handles/push pads x
Exterior of all appliances to be cleaned and tops dusted x
Dust all doors,door frames and window frames x
Clean all windows x
Dust all light fixtures and HVAC vents x
Clean all table tops x
Polish stainless Steel and chrome x
Damp wipe all cabinets,including tops x
Walls to be spot cleaned and dusted in kitchen x
Walls to be spot cleaned and dusted in multi-purpose rooms x
Dust floor boards x
Tables and chairs(furniture)wiped down x
Offices (4), Conference, Copy and Babysitting Daily As Needed Weekly Monthly Quarterly Semi Annually Annually
Remove trash and recycling replace liner if food is present x
Clean trash and recycling container x
Clean and sanitize door handles x
Damp clean all desk tops x
Vacuum floors x
Dust door and window frames x
Clean windows x
Dust light fixtures and HVAC vents x
Dust all cabinets x
Walls to be spot cleaned and dusted in offices x
Walls to be spot cleaned and dusted in babysitting x
Refill hand sanitizer in babysitting room,if needed x
Dust floor boards x
Babysitting Restroom
Empty all trash and replace liner x
Clean and sanitize sinks x
Toilet bowl clean using non-acid cleaner x
Clean and sanitize all baby changing stations x
Machine clean and sanitize entire floor x
Wash tile floor x
Dust floor boards x
Refill paper products x
Lockers and Restrooms (2) Daily As Needed Weekly Monthly Quarterly Semi Annually Annually
Clean all trash containers x
Check and replace all women's sanitary stations with waxpaper liner x
Clean and sanitize all women sanitary stations x
Clean and sanitize all baby changing stations x
Clean and sanitize all toilets and urinals with non-acid cleaner x
Clean and sanitize all toilet partitions x
Clean all chrome and stainless steel fixtures on walls x
Clean all paper towel dispensers and dryers x
Spot clean walls around toilets and urinals x
Replace urinal screens x
Clean and sanitize all counter tops and sinks x
Clean all mirrrors,glass doors x
Vacuum and wash floors with sanitizer/deodorizer x
Refill paper goods,bath and body goods,and soap x
Dust lights, HVAC vents x
Spot clean walls x
Wipe down,dust walls,doors and door frames x
Machine clean and sanitize floors x
Clean and sanitize all door handles and push pads x
Clean shower walls,fixtures and partitions x
Wipe down benches x
Wipe down and sanitize lockers,interior and exterior x
Deep tile and grout cleaning of showers,and all tile floors x
Dust floor boards x
Fitness Room Daily As Needed Weekly Monthly Quarterly Semi Annually Annually
Empty all trash containers and replace liners if food is present x
Clean all trash containers x
Refill sanitizer wipes x
Refill hand sanitizer x
Refill paper goods x
Vacuum carpeted areas, x
Spot clean carpet x
Vacuum all rubber flooring x
Wash,Sanitize all rubber flooring x
Clean all mirrors and windows x
Dust and clean all windows shades,door frames x
Sanitize all drinking fountains x
Sanitize all door handles and push pads x
Wipe and sanitize ALL frames and pads on all cardio and strength equip x
High dusting of tv's,fans,lights x
High dusting of HVAC duct work,fans,vents, and horizontal surfaces x
Spot cleaning of walls and dusted x
Dust walls x
Dust floor boards x
Studios (2) Daily As Needed Weekly Monthly Quarterly Semi Annually Annually
Empty all trash containers replace liners if food is present x
Clean trash containers x
Refill sanitizer wipes x
Refill hand sanitizer x
Dust mop floors x
Wash floors x
Clean and sanitize all door handles and push pads x
Clean all cubbies in hallway x
Clean all mirrors and windows x
Dust all window shades and ledges,door frames x
Dust all fans,light fixtures x
High dust-rafters,HVAC duct work,fans,vents,and horizontal surfaces x
Spot clean walls x
Dust walls x
Dust floor boards X
Attachment C- Day Porter(Optional)
McHenry Rec Center- Day Porter Custodial Cleaning Service Task List
Lobby, Hallways, Front Desk, Vestibules (3) Daily As Needed Weekly Monthly Quarterly ISemiAnnuallyl Annually
Trash and recycling removed if full,and liners changed if food present X
Trash and recycling containers cleaned X
All glass entrance doors and windows to be cleaned X
Lobby windows to be cleaned X
All door handles to be sanitized X
Floors vacuumed X
Non-carpeted floors to be swept X
Vinyl and plastic furniture to be wiped down X
Tables to be wiped down X
All drinking fountains to be sanitized X
Kitchen and Community Rooms (3) Daily As Needed Weekly Monthly Quarterly Semi Annually Annually
Trash and recycling removed if full,and liners changed if food present X
Trash and recycling containers cleaned X
Vacuum floor X
Non-carpeted floors to be swept,sanitized,washed X
Sanitize all counter tops and sinks X
Sanitize all door handles/push pads X
Clean all windows X
Clean all table tops X
Babysitting Daily As Needed Weekly Monthly Quarterly Semi Annually Annually
Remove trash and recycling replace liner if food is present X
Clean trash and recycling container X
Clean and sanitize door handles X
Clean windows X
Walls to be spot cleaned and dusted in babysitting X
Refill hand sanitizer in babysitting room,if needed X
Babysitting Restroom
Empty all trash if full,and replace liner if food is present X
Clean and sanitize sinks X
Toilet bowl clean using non-acid cleaner X
Wash tile floor X
Refill paper products X
Lockers and Restrooms (2) Daily As Needed Weekly Monthly Quarterly Semi Annually Annually
Clean all trash containers X
Check and replace all women's sanitary stations with waxpaper liner X
Clean and sanitize all women sanitary stations X
Clean and sanitize all baby changing stations X
Clean and sanitize all toilets and urinals with non-acid cleaner X
Clean and sanitize all toilet partitions X
Clean all chrome and stainless steel fixtures on walls X
Clean all paper towel dispensers and dryers X
Spot clean walls around toilets and urinals X
Clean and sanitize all counter tops and sinks X
Clean all mirrrors,glass doors X
Vacuum and wash floors with sanitizer/deodorizer X
Refill paper goods, bath and body goods,and soap X
Spot clean walls X
Clean and sanitize all door handles and push pads X
Clean shower walls,fixtures and partitions X
Wipe down benches X
Wipe down and sanitize lockers,interior and exterior X
Fitness Room Daily As Needed Weekly Monthly Quarterly Semi Annually Annually
Empty all trash containers and replace liners if food is present X
Clean all trash containers X
Refill sanitizer wipes X
Refill hand sanitizer X
Refill paper goods X
Vacuum carpeted areas, X
Vacuum all rubber flooring X
Wash,Sanitize all rubber flooring X
Clean all mirrors and windows X
Dust and clean all windows and window shades,door frames X
Sanitize all drinking fountains X
Sanitize all door handles and push pads X
Studios (2)Daily As Needed Weekly Monthly Quarterly Semi Annually Annually
Empty all trash containers replace liners if food is present X
Clean trash containers X
Refill sanitizes wipes X
Refill hand sanitizer X
Dust mop floors X
Wash floors X
Clean and sanitize all door handles and push pads X
Clean all cubbies in hallway X
Clean all mirrors and windows X
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John R. Birk, Chief of Police
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2200
Mffleni„ Fax: (815) 363-2149
ibirk@ci.mchenry.il.us
CONSENT AGENDA SUPPLEMENT
DATE: September 3rd, 2019
TO: Mayor and City Council
FROM: John R. Birk, Chief of Police
RE: Resolution to Pursue a McHenry County Consolidated Law Enforcement
Training Facility
ATT: Proposed Resolution
Item Summary:
Attached Council will find a resolution that outlines the McHenry Police Department's intention
of pursuing the possibility of a McHenry County consolidated law enforcement training facility.
Police Staff is requesting Council's authorization to further pursue this consolidated opportunity
through the approval of the attached Resolution. Staff will be present to answer any questions
Council may have.
Background:
Currently McHenry County law enforcement has no consolidated training facility to train and
educate officers on firearms proficiency, use of force, rapid deployment and defense tactics.
This leaves each individual McHenry County agency responsible for their own respective
training.
A county-wide training facility has the potential of more efficient and effective means of
education and experience for all law enforcement officers. Centralizing training methods has the
added benefit of inter-agency cooperation where every officer is taught the same methods and
would work seamlessly together in the event of a mutual aid call.
Analysis:
The sharing of staff and pooling resources with neighboring jurisdictions to create more effective
law enforcement training operations is a direct benefit to the City of McHenry. Through the use
of a consolidated training facility the McHenry Police Department can participate in critical
firearms training, use of force training, rapid deployment training and defense tactics training
that can be taught on a universal platform ensuring a continuity of police operations that can
cross geographic boundaries.
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented, efficient and fiscally responsible manner.
The attached resolution outlines the justification of a consolidated police training facility and
outlines the next steps to be taken in the pursuit of this project.
Recommendation:
Therefore, if Council concurs, it is recommended that a motion be made to adopt the
attached Resolution authorizing staff to take the next steps in the potential development
and establishment of McHenry County law enforcement training facility.
RESOLUTION: 19—
RESOLUTION PURSUING A MCHENRY COUNTY
CONSOLIDATED LAW ENFORCEMENT TRAINING FACILITY
WHEREAS, McHenry County law enforcement agencies have a need to properly train
agency personnel in critical training such as: firearms proficiency, rapid deployment, defensive
tactics and use of force;
WHEREAS, The Illinois Police Training Act(50 ILCS 705 sets minimum requirements
for police officer training and firearm qualification;
WHEREAS, not one law enforcement agency in McHenry County has an indoor firearms
range;
WHEREAS, every agency, except for the McHenry County Sheriff's Office is dependent
on another entity for their firearms training;
WHEREAS, McHenry County agencies have the desire to work collectively across
political boundaries in order to optimize the delivery of vital services in high-quality,cost-effective
ways;
WHEREAS, McHenry County agencies have the desire to improve efficiency, reduce
duplication of services and encourage resource sharing;
WHEREAS,McHenry County agencies have the desire to explore ways in which working
together as opposed to working independently can eliminate inefficient or duplicative services;
WHEREAS, McHenry County agencies have the desire to explore ways to make use of
existing facilities to achieve economies of scale;
WHEREAS, McHenry County agencies have the desire to provide career-long training to
law enforcement professionals to help them fulfill their responsibilities safely and proficiently.
NOW,THEREFORE,BE IT RESOLVED,by the undersigned Corporate Authority that
their respective staff employees do the following:
1. Identify ways to be more efficient with the resources at hand, including sharing staff
and pooling resources with neighboring jurisdictions to create more effective law
enforcement training operations.
2. Analyze how to organize law enforcement training services in the most logical way
countywide, rather than have them constrained by jurisdictional or area limits.
3. Explore ways to make use of existing qualified law enforcement personnel and
facilities countywide to achieve economies of scale.
4. Explore the quantitative and qualitative benefits from a McHenry County consolidated
law enforcement training facility model, including the efficiencies inherent in shared
services, higher quality training, and improved interoperability.
5. Jointly pursue and evaluate the possibility of an intergovernmental agreement between
the undersigned entities establishing a consolidated training facility which includes a
firearm range.
Passed and Approved this 3rd day of September 2019.
Voting Aye:
Voting Nay:
Absent:
Abstain:
APPROVED:
Mayor Wayne Jett
SEAL)
ATTEST:
City Clerk Trisha Ramel
Bill Hobson, Director of Parks and Recreation
McHenry Recreation Center
3636 Municipal Drive
McHenry, Illinois 60050McHenry,Phone: (815) 363-2160
Fax: (815) 363-3119
www.ci.mchenry.il.us/park—recreation
CONSENT AGENDA SUPPLEMENT
DATE: September 3, 2019
TO:Mayor and City Council
FROM: Bill Hobson, Director of Parks and Recreation
RE:Architectural Services for the Horse Barn at the Petersen Farm
ATTACHMENTS:
Architectural Proposal from Gary W. Andersen Architects
AGENDA ITEM SUMMARY:
Within the 2019/20 Capital Improvement Budget$125,000 was set aside for restoration work to
the horse Barn at the Historic Petersen Farm. In order to ensure accuracy for bids and that the
improvements are designed and completed to code, staff met with and secured proposal from a
historical architect. The proposal from Gary W. Andersen Architects in the amount of$28,700 is
presented to City Council for approval.
BACKGROUND:
Of all the buildings on the Petersen Farm that contain a great historical significance, one is in dire
need of repair; the horse barn. The structure itself is in restorable shape however both the
foundation and the roof are past the point of simple repairs and require structural analysis. The
analysis will allow for documents to be created to present to prospective contractors to complete
the restoration.
The City has approved included $125,000 in the 19/20 CIP budget to repair the nearly 100 year
old structure.
ANALYSIS:
Gary Andersen is a board member on the Landmark Illinois Board of Directors. Landmark Illinois
provided an initial extensive review of the Petersen Farm in 2017. He and they are familiar with
property,the history and desired direction of the city. He specializes in these types of structures
and extremely knowledgeable in the history. He was referred to city staff by the Landmark
Commission as we strive to work together with the best interests of the farm at the center of
that cooperation.
The Commission has brought out a number of contractors to the farm to provide quotes for the
restoration of the barn and each have requested a plan or a drawing to be able to provide a
complete quote. Securing Gary Andersen Architects will allow the city to answer these questions
and secure apple to apple bids that would be presented to City Council.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended that a motion be considered to approve the
proposal from Gary W.Andersen Architects in the amount of$28,700 for architectural services
for the horse barn at the Petersen Farm.
OLM
GARY W. ANDERSON ARCHITECTS
Client Agreement
Thank you for considering GWAA to assist you with the study and potential renovation options for the
Peterson Horse Barn in McHenry.The purpose of this Agreement is to outline our rights and obligations
to each other, providing clarity for moving forward.
Introduction
This Client Agreement ("Agreement") is between City of McHenry ("Client" or 'You") and Gary W.
Anderson Architects ("We"or"Us")to provide architectural services as outlined below for
Client Architect
Bill Hobson Gary W.Anderson, AIA
City of McHenry Gary W.Anderson Architects
333 S.Green St. 200 Prairie Street,Suite 201
McHenry, IL 60050 Rockford, IL 61107
Contract Date: August 15, 2019
Scope of Service:
We will provide schematic architectural and programming services in order to assist you with the
preservation and use of the barn structure. We would like to consider the below phases that would
assist with the immediate preservation of the structure and consider its potential use for Phase II.
Phase l;
1.Scan and model the existing conditions.We will utilize a 3D photo scan to obtain measurements
of the space providing a point cloud for use in building the base model and documentation.
2. Meet with your team to develop a program for the building. This program will assist in the
future sequence and extent of work planned for the roof along with other repairs that may be
needed. Public input is always suggested however we have not included time for public
facilitation.
3.Develop a plan for a temporary(or permanent) roof solution before the winter season. We can
provide drawing documentation as needed based on the most appropriate action required.
4. Schematic design that explores the possibilities of the future use of the space based on the
programming recommendations.We will analyze the proposed improvements for alignment with
building and accessibility code while preserving the buildings integrity.
5. With the schematic design completed, we will develop a construction budget.
Phase II (Future):
1. With the approved budget and schematic design completed in Phase I, we would develop
construction documentation to be used for the construction permit process. At this time, we
would develop the necessary information for the general structure, walls and foundations. This
proposal includes an allowance to be considered but would need to be verified after programming
and schematic design.
200 Prairie St,Ste 201 Rockford,IL 61107
Phone:815-963-igoo Fax:815-962-6912 wwvj.gwaarchitects.com
2. We would assist with finding a specialized construction manager with barn construction
knowledge.
As with all agreements,if the scope of the work or parameters under which the work is performed
are modified, we reserve the right to review the fees related to these modifications and make
mutually agreeable adjustments
Understanding of Architecture Phases:
1. Pre-Design(PD). We will meet with you to determine the project limits(vision,goals and preliminary
budget). A main goal of PD is to develop an accurate model of the space to use as the basis for design.
2. Schematic Design (SD). During the SD phase we work with you to develop floor plan sketches based
on the project goals and budget developed during the Pre-design phase. This phase will establish the
conceptual design of the project, resolve programmatic and code issues, and any special
requirements. We will work with you to estimate the costs of site work, construction, and building
systems at this phase for budgeting purposes.
3. Services Not Included. As we understand, you are not requesting the following services from us for
this project: boundary and topographic surveys, construction administration, civil engineering,
structural engineering, environmental review, M.E.P. engineering, fire alarm and sprinkler design,
specifications, bid documents and coordination, and renderings. Any of these services may be
requested by you, but they will be billed as an additional service.
4. Project Meetings&Site Visits. Attendance of two Schematic Design meetings in person,which could
be hosted in our office, are included in this proposal.Travel and meeting time for 1 site visit are also
included in this proposal.If more on-site meetings or site visits are required or requested by you,they
will be billed at our standard hourly rates.
Fee Summary, Schedule, and Payment:
1. Fee Summary. Based on the above scope of work,we anticipate a Phase I cost of$ 13,700. The total
scope of Phase II work is still to be determined by what the potential use may be. We have indicated
an allowance for this portion of the work for now:
Phase I
Building Scan and model 5,000
Schematic Design 8,700
Phase II
Construction Documents(allowance) 15,000
2. Schedule. We are prepared to start our work within ten (10)business days of notification and receipt
of a signed Client Agreement.
3. Time &Material Billing. Invoices shall be submitted monthly and shall reflect the status of the work
at the time of the invoice.
4. Hourly Rates. Our standard hourly rates(2019 Rate Table) are listed below:
Principal Architect 190/hour
Urban Planner 125/hour
Senior Project Architect 135/hour
Project Architect 115/hour
Architectural Designer 90/hour
Interior Designer 90/hour
Architectural Drafter 80/hour
Office Administration 75/hour
5. Reimbursable Expenses. Reimbursable expenses are in addition to compensation for basic services
and include expenses incurred by us in the interest of the project. The client will reimburse us for
out-of-pocket costs (i.e., 30"x42" bond plots at $14.00 per sheet), mileage charged at standard
mileage rate as issued by IRS for business miles driven, and postage. When time allows,and it is cost
effective for the Owner, outside reproductions will be billed to you at a cost plus 15%.
6. Payment Plan. Payment to us is due within 30 days from the billing date for the Time and Material
accrued in the prior month. Service charges will accrue at 1.5% per month on any balance not paidbytheduedate.
General Conditions:
1. Additional Services. We recognize changes can or will occur throughout the duration of the project.
You are welcome to request these services from us through the duration of the project. Request for
changes not included in the Scope of Work or Basic Services sections of this agreement is considered
an additional service. We will bill you for this time, using hourly rates.
2. Cancellation. We hope to fulfill the project vision and provide you a quality experience. If, for any
reason, it is determined be you or us that the relationship and performance is unsatisfactory, then
this agreement for architectural services may be ended. A written cancellation will be provided to us
by you, along with payment for all expenses incurred and any work done toward the completion of
the project at the date of cancellation letter.
3. Marketing. Drawings and photography developed before,during,and after construction maybe used
for marketing purposes by us.
Acceptance:
If every 'ng looks goo ou,then please sign below. This proposal will expire 90 days from the contract
da 6 n pag
ry W An erson,AIA Date
Office of the Director of Parks and Recreation
Bill Hobson
McHenry Municipal Center
333 Green Street
McHenr McHenry, Illinois 60050
f'rxrks Itnrreaii[u llc nr[ment Phone: (815) 363-2159
Fax: (815) 363-2119
www.ci.mchenry.il.us
CONSENT AGENDA
DATE: September 3, 2019
TO: McHenry City Council
FROM: Bill Hobson, Director of Parks and Recreation
RE McHenry High School Homecoming Parade
ATT: Request Letter
AGENDA ITEM SUMMARY:
McHenry High School is requesting permission to temporary close certain sections of John
Street, Green Street, Main Street, Center Street and Kane Ave and use of city services for traffic
control to facilitate the 2019 McHenry High School Homecoming parade on Monday, October
7th at 6PM.
BACKGROUND:
The parade will feature activity groups and teams walking to support the school through this
annual tradition. At approximately 6PM, the parade will begin at East Campus High School and
proceed south out of the bus lane onto John Street then north on Green Street, turning west on
Main Street, then South on Center Street to Kane Avenue turning west on Kane and entering the
southeast entrance of McCracken Field. The parade will conclude at the field.
ANALYSIS:
The parade is brief and in past years, has had minor impact on traffic. Staff reviewed the request
with Police, and Parks Department staff. Police Officers will be stationed along the parade route
to provide traffic control.
RECOMMENDED:
If Council concurs, then it is recommended a motion is considered to approve the request
as presented.
The City of McHenry is dedicated to providing its citizens,businesses,and visitors with the highest quality orprograms and
services in a customer-oriented,efficient,and fiscally responsible manner.
Dr.Jeffry D. Prickeii,Principal
Mrs.Kyle N. Hobson,Associate Principal 1
Mr.Peter Byrne,Dean of Students
1012 n'.Green Strcet,McHenry,lL 60050 4.(815)385-1145•Fax(815)363-8935
Mr. Derik Morefield
City of McHenry
333 Green St.
McHenry, 1L 60050
Dear Mr. Morefield: August 26, 2019
I
The annual McHenry High School Homecoming parade will be held on Monday,
October7 at approximately 6:00 p.m. We would like to request the proposed route for
the 2019 parade: f
Groups will be staged at East Campus High School
Parade will travel west on John St. to Green St.
Parade will continue north on Green St. to Main St.
Parade will turn south on Center St. and turn east on Kane Ave. The parade will
conclude on Kane Ave. where floats will drop students off in order to enter McCracken
Field for the homecoming pep rally.
We thank you in advance for all of your support with this event, and we look forward to
any comments or recommendations you may have to help us ensure the parade is a
safe and memorable event for the entire community.
i
Sincerely,
Mrs. Kyle Hobson
Associate Principal
McHenry Community High School - East Campus
815)385-1145
Hobson Kyle a Dist156.org
G
9
ppY
Partnering with the Community to Achieve Excellence
Bill Hobson, Director of Parks and Recreation
McHenry Recreation Center
3636 Municipal Drive
1.+
U' 1n.r r McHenry, Illinois 60050
j j 1 Phone: (815)363-2160
Fax: (815) 363-3119
www.ci.mchenry.il.us/park—recreation
CONSENT AGENDA SUPPLEMENT
DATE: September 3, 2019
TO: Mayor and City Council
FROM: Bill Hobson, Director of Parks and Recreation
RE: McHenry Parks & Recreation Facilities & Special Use permit requests
ATT: Permit List and Applications
All fees and documentation have been satisfactorily submitted for the attached McHenry Parks
Recreation Facilities &Special Use permit requests.
If Council concurs, then it is recommended a motion is considered to approve the attached
McHenry Parks & Recreation Facilities &Special Use permit requests.
The City ofMcHemy is dedicated to providing its citizens,businesses,and visitors with the highest quality ofprograms
and services in a customer-oriented,efficient,and fiscally responsible manner.
FOR COUNCIL MEETING ON SEPTEMBER 3,2019
Shelter Rental Alcohol Permits
These are alcohol permit requests associated with shelter rentals
Date Applicant Address Park Purpose
09/28/19 Joule Technologies 4167 W. Orleans Street PP A Company Picnic
Special Use Permits
These are special use permit requests associated with shelter rentals
Date Applicant Address Park Special Use
None
Recreation Center Room Rental Alcohol Permits
These are alcohol permit requests associated with Recreation Center room rentals or programs.
Date Applicant Address Rec Center Purpose
06/07/20 Patricia Colomer 312 Shepherd Hill Ln Room A/B Birthday Party
McHenry Parks & Recreation
McHenr
Shelter, Alcohol & Special Use Permit Application
Application Date:8/7Y19
Rental Date: p!e ' be-2019 Rental Time:12:00pmk/ 7:00Pm
Michelle SheetsNameofpp|icant. nat«fDinh
CnoupK}rganbxkm(if app|iob/c):Joule Technologies,_Inc.
Address:41G7VK Orleans St. City/State/Zip:McHenry, iL0006U
Home Phone:
Event Tit(e,/AcUvity:Company Picnic Attcndance:TBO
ListaUact vitiestnbehdd.Lu»chandQamem
SHELTER:n Knox Shelter A 4 teoen Shelter A oPeteoen Shelter C nVetcmnsShelter
o Knox Shelter B o Petersen Shelter O Li Veterans Gazebo oOdhe,___-
WEDDING: n Rails removed at Veterans Memorial Park($25fee)
BEER/WINE:(at least 4 weeks notice needed)
Type of Alcohol tobcServed: uNone oYYine ViBee, NO OTHER ALCOHOL ALLOWED
Amount nfAlcohol: Wine Bottles# Beer Cases#- Beer Kegs#_____
SPECIAL USE:(at least 4 weeks notice needed)-Equipment provided byrenter
oTent u Bounce House Location:--
Applicant to call JULIE(1-800-892-0123)for staking of Tents and Bounce Houses
o Tables# o Chairs#_____ Li Benches# o Wedding Arch
oPerformer u Music:oD] oRand n Carnival Rides uAnima|s
o{ate,ed Pig Roast
oOther—
OTHER: Croupsov
DAK4AGEDEP. Credit Car
Signature
Approval will be based on the items listed above.Any other requests are subject mfurther approval,x applicable,health permits are
required by law for concessions and catering.Please make arrangements wobtain permits.McHenry County mportmcrt of Health: me3m585
1 agree all alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or
intoxicated person will»e allowed to consurne any alcohol brought into City of McHenry property under this permit.I agree that none of the alcohol
allowed/n City^r McHenry property,pursuant w this application will or sold,/t be/ng"nu°,mo"u*vtme sale m alcohol under this permit issued
pursuant m this application/,expressly prohibited./also understand that not complying with the rules will result m loss mdeposit.
I agree m hold tile City m McHenry,its.employees and agents harmless,and inmemnify`ame from any and all liability or injury m person m
property occurring,as a result of the activity sponsored by permittee and said person shall be liable to the City of McHenry for any and all damage to
Parks,recreation facilities and equipment owned by same,which results from or during the activity of permittee or is caused by participant in said
activity,.All persons agree to comply with the City o`f'McHenry Municipal Code and all Parks&Recreation regulations.I have read and fully understand
the McHeilry Recreation Shelter Guidelines.
ignatur
1
McHenry Recreation Center
McHenr Facility Rental Permit Application
114Aar4lBAfftfntkn'k-ft—tA -)
Application Date:
Rental Date:_ 7 _ _ D
Rental Time include set u clean u xplp):- 7
Name of Applicant: C GGT1Pi c 7 ~ Date of Birth:
Group/Organization(if appplicable):
Address:/ -
Event Title/Activity:___ Attendance:
ROOM: /A VKitchen SET-UP: Banquet TABLES/CHAIRS:n Round
B Studio n Board Room Rectangle #
C n Classroom Chairs
Theater
BEER/WINE:(at least 4 weeks notice needed)
Type of Alcohol to be Served: o None 611Wine k eer NO OTHER ALCOHOL ALLOWED
Amount of Alcohol:Wine Bottles# 15 Beer Cases# / Beer Kegs#
SPECIAL USE:(at least 4 weeks notice needed)-Equipment provided by renter
None
Caterer:Narne
u DJ/Band/Performer:Name
u Tent Bounce House Location:
Applicant to call JULIE(i 800-892-0123)for staking of Tents and Bounce Houses
n Other__
DAMAGE DEPOSIT:
Credit Card I
Signature:_t;
Approval will be
y ur,w,requests are subject to further approval.If applicable,health permits are
required by law for concessions and catering.Please make arrangements to obtain permits.McHenry County Department of Health: 815-334-4585
1 agree all alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or
Intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit.I agree that none of the alcohol
allowed in City of McHenry property,pursuant to this application will be sold,it being understood that the sale of alcohol under this permit issued
pursuant to this application is expressly prohibited.I also understand that not complying with the rules will result in loss of deposit.
I agree to hold the City of McHenry,its employees and agents harmless,and indemnify same from any and all liability of injury to person or
property occunIng as a result of the activity sponsored by permittee and said person shall be liable to the City of McHenry for any and all damage to
parks,recreation facilities and equipment owned by sarne,which results from or during the activity of permittee or is caused by participant in said
activity.All persons agree to comply with the City of McHenry Municipal Code and all Parks&Recreation regulations.I have read and fully understandtheMcHenryRecreatioenterRentalGuidelines.
Signature Date:
City of McHenry Council
Meeting Minutes
8.19.19 v'•"^
MCHenr
Minutes
REGULAR CITY COUNCIL MEETING
City Council Chambers, 333 S Green Street
Monday,August 19, 2019
Call to Order:
The City Council of the City of McHenry, Illinois, met in regular session on Monday, August
19, 2019, at 7:00 p.m. in the McHenry City Council Chambers, 333 S. Green Street,
McHenry, IL.
Roll Call: Mayor Jett called the roll call.
Members present: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Mihevc,
Alderman Devine, Alderwoman Miller, Alderwoman Bahne 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, and
City Clerk Ramel.
Pledge of Allegiance: Mayor Jett led those present in the Pledge of Allegiance.
Public Comments: Paul Dreske, Jim Condon, Mark Justen signed in for public comment.
Mark Justen of the Parks and Recreation Department had discussion of inter-govt. agreement
with high school , FD traffic on Crystal Lk Road. He would like to see his tax dollars go to
support the traffic light at the high school, McHenry District 156. and police tax dollars, thinks
Council would like to discuss this further.
Paul Dreske and Jim Condon also present for the public comment spoke later in the evening
regarding agenda item 7A.
Consent Agenda: Motion to Approve the Following Consent Agenda Items: A-F
A. Authorization to Request Bids for the Ringwood Road Water Main Extension Project;
B. Appointment of Jill Weaver to the McHenry Landmark Commission;
C. Block Party Request;
D. August 5, 2019, City Council Meeting Minutes;
E. Issuance of Checks in the amount of $341,891.21;
F. Issuance of As Needed Checks in the amount of $228,361.87.
1
City of McHenry Council
Meeting Minutes
8.19.19
A motion was made by Alderman Schaefer and seconded by Alderwoman Miller to
approve consent agenda items as presented. Roll Call: Vote: 7-ayes: Alderman Santi,
Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc, Alderman
Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried.
Individual Action Item Agenda:
Motion to approve an Intergovernmental Agreement between the City of McHenry and
McHenry High School District 156 regarding Ingress/Egress and Traffic Signalization for
McHenry West Campus.
Administrator Morefield presented exhibits for council to consider approval regarding McHenry
High School West campus property and second item. Most of the council was involved in the
discussion or development of the IGA's regarding these first two Individual Action Items. Mayor
Jett opens discussion; Alderman Santi, was questioning if further analysis needs to be done
can by request at the cost of District 156, it was confirmed that statement is supported. The
drainage area will be maintained and cleaned out drainage by District 156, also questioned by
Alderman Santi. The council also questioned who would be we be policing these efforts and
how often. Director of Community Development Polerecky stated a few times a year we can
follow up on that. Alderman Schaefer, was curious if get an update on what has been found
currently with water issues. Director of Community Development Polerecky stated that there
was a natural spring under the tennis courts, did some engineering to elevate the issues. They
will drain into the drainage dip, there should be no need to discuss separately. Alderman Glab,
questioned what happens with drainage if it goes onto private property, curious about what the
future could hold with this discussion. The lots on the exhibit were confirmed as numbers 1-39,
by Attorney McArdle.
Drainage on private property states we can all take part in cleaning it up. We cannot predict
how it is going to go in the future. Discussion if the school identify the property owners, a
concern that was brought up by Alderman Glab. Attorney McArdle commented that the school
has the right to keep it free flowing. Kensington Drive was also addressed. (Administrator
Moorefield went to get the exhibits). This was part of a lengthy discussion by the council.
Alderman Glab discussed the bus turning lanes at McHenry West, talks about the shortcuts
through neighborhoods, and how much more traffic will be flowing through Whispering Oaks.
Should this be looked at through Public Works, in order to help with the neighborhood traffic,
putting hours on for the left turns to help limit certain hours.
Chief Birk, discussed that fact that the left turn hand restrictions with traffic flow during certain
hours has been and can further be studied to determine the peak times of traffic and flow.
Alderman Glab had the main concern to be proactive before the expansion is done. We do not
know how many will turn left, per Chief Birk we can make an ordinance if needed and bring it
back to council and can revisit and put a clause in there if needed. McHenry School District
156, West Camps, is willing to support that people will not cut through the subdivision, per Chief
Birk. Alderman Glab, would like Public Works to look at the curbs, making it easy that the bus
drivers etc.
2
City of McHE!nry Council
Meeting Minutes
8.19.19
Alderman Schaefer, had questions regarding the flow of traffic throught the neighborhoods
and which parking lot. Chief Birk, they are working with the high school on this. The only goal
they have right now address the way the students are being dropped off and picked up, the
parking on the south should remain student. Traffic patterns will be studied and supported by
the district A verry lengthy discussion occurred.
A motion was made by Alderwoman Baehne and seconded by Alderman Schaefer to
approve consent agenda items as presented. Roll Call: Vote: 5-ayes: Alderman Santi,
Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc, Alderman
Devine, Alderwoman Miller. 0-nays, 2-abstained. Motion carried
Individual Action Agenda Item:
Motion to approve an Ordinance amending the FY19/20 Budget, General Fund, in the
amount of$92,500; and, the acceptance of a quote from BruceSki's Marine Construction
for dredging west of Green Street Bridge in the amount of$92,500.
Conversation regarding dredging from Green Street to Rte 120 an issue that will have to be
addressed at one point. 7 different agencies looked at dredging the river, one was a hydraulic
dredge that pumps and moves it out. Director of Parks and Recreation Hobson explained
further regarding the dredging. Alderman Santi, stated that it will help the river be more
attractive, could help it last close to 20 years, will help navigation on the river. Talk that there
may have been catch basins, which could help boats navigate for years to come. There is no
confirmation regarding the basins. Alderman Glab, stated that north of the dredge how much
of that would silt would move and fill back into the areas that have been dredged, he wants
people to look into it comprehensively, stated that McCullom Lake was once dredged and then
five years later it was filled in, questioning how long it would take this to happen to the river.
This can also impact the whole area, wants to look at the whole picture for the future.
Alderman Schaefer is in favor of this, would like to see this go further. Several residence in the
area would like to see it go further. Clarified by Director of Parks and Recreation Hobson.
Discussion: Alderman Santi, would like more property and piers to be looked at, Alderman
Schaefer would like to agree would like other areas in town to be looked at as well. Alderman
Devin, in favor of it, would like to make sure that sea walls will be protected, Director of Parks
and Recreation Hobson did also support that public works is working on this.
A motion was made by Alderman Santi and seconded by Alderwoman Baehne to
approve consent agenda items as presented. Roll Call: Vote: 7-ayes: Alderman Santi,
Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc, Alderman
Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried
3
City of McHenry Council
Meeting Minutes
8.19.19
Individual Action Agenda Item:
Motion to approve an Ordinance amending the FY19/20 Budget, Parks Developer Donations
Fund, in the amount of $26,200 for the purpose of purchasing light poles for the Miller Point
project.
Parks and Recreation Director Hobson, explained the breakdown of the budget regarding the
light poles, they should be in within the next two weeks, coming out of the parks fund. It would
be justified to complete the project using these funds, apology of presentation for this in short
in time. Justification regarding this. Alderman Santi, what would be left in the funding after this,
Director Hobson stated that they will have about $30,000 left in the funding, they are now in a
fundraising to draw awareness to this area. Any money has been invested into the city.
Alderman Glab, questioned if this area deemed park area, Director Hobson confirmed that it
is.
A motion was made by Alderman Schaefer and seconded by Alderwoman Miller to
approve consent agenda items as presented. Roll Call: Vote: 7-ayes: Alderman Santi,
Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc, Alderman
Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried
Individual Action Agenda Item:
Motion to approve a Temporary Use Permit to allow tents with live music and a Special
Event Liquor License on Saturday, September 14, 2019 from 4:OOpm to 10:OOpm for the
McHenry Riverwalk Foundation "Light The Night" event.
Park and Recreations Director Hobson talked about the "Light The Night", this event has come
quickly, mainly the kick off of the space that we have created, food, music and crafters will be
present at this event becomes a fundraising event and will create attraction also the same day
as the wine walk, this will occur that evening. The fire globes will then be drawn to the Riverside
Drive area, it was mentioned that Buddyz could help cater the event.
A motion was made by Alderman Schaefer and seconded by Alderwoman Baehne to
approve consent agenda items as presented. Roll Call: Vote: 7-ayes: Alderman Santi,
Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc, Alderman
Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried
4
City of McHenry Council
Meeting Minutes
8.19.19
Discussion Items:
Orchard Beach Improvement/Maintenance Intergovernmental Agreement:
Jim Condon McHenry Township Commissioner gave public comment regarding Orchard Beach
Drive. Gave history of this road and explained it was non dedicated road originally, and was
privately maintained. When Kennedy Home Development came in the road is then annexed
and then falls under the city limits. Then the road is no longer supplied with McHenry Township
funding. 1400 ft. of non-dedicated road is now not getting funding from the Township, it was no
fault of their own. They cooperated with the development when it occurred. Kennedy Homes
south side of Orchard beach wraps around it which is part of the McHenry roads. Trying to
upgrade the road, the north portion $450 per center lane mile, and the Township wants to
contribute the rest it would then become a Township road. Would like to work with the city so
they can plow all the way through and have the roads upgraded. Proposed $100,000 and
associated could contribute $25,000 asked the city $50,000, Township would contribute the
rest. The residence would get a road that is maintained, no longer have that right now. The city
will maintain that right away, please consider these ideas. Would like the time line of next year.
The county is not all the way on board with this, this was presented over six months ago.
Several local representatives have been contacted by Jim Condon regarding this plan.
Council Attorney McArdle, explained that, Director of Public Works Hobson could add to
subdivision control ordinance, it will not fit into the normal expectation, but the deal being
proposed would improve but still would be hard to maintain. Alderwoman Baehne, who will take
over once this is completed, further discussion occurred with Jim Condon the McHenry
Township Commissioner. The responsibility could be negotiated. The city would consider it a
public road, which could be the simplest way. Township would help make sure that drainage
areas by Kennedy Homes would be taken care of, it's the biggest problem and they would find
a way to solve it. Alderwoman Miller would like to have more of a discussion, to make a better
decision, agreed upon by Alderwoman Baehne. Alderman Glab would like to table this
discussion, regarding the annex of the Kennedy Homes/roads Township Commissioner. Curb
and gutter and sidewalk specifications were discussed. Alderman Santi also following up
regarding specifications. Mayor Jett asked if anyone further had direction regarding this topic.
230,000 would be the estimate of the project per the Commissioner. Alderman Devine
confirming the amounts with the council. Alderman Mihevc is not favor of this. Alderwoman
Miller still perusing staff time regarding this and the history of it. Mayor Jett would the majority
of council like to further review this, agreed.
Paul Dreske, also made a public statement regarding this topic, he has been involved in the
development of Orchard Beach, his concern is there is 42 homes and if nothing is done Orchard
Beach Road will no longer last. This is an opportunity for us to act and this is a cooperative
effort by the Township, County, City, and Orchard Beach owners and $25,000 can be added
to others that fund the project. He explained that this is the time to do it so it will help eliminate
future issues.
5
City of McHenry Council
Meeting Minutes
8.19.19
Central Wastewater Treatment Plant Redevelopment:
Administrator Moorefield, talked about the strategic planning of this topic and presented it to
the council. The most pressing issue is the demolition of the property. Mayor Jett stated that
he is trying to talk with several developers regarding this property, there is much to discuss
regarding this topic. Mayor Jett, also suggested the idea of townhomes. Alderman Santi, talked
about third party and maybe someone that deals with water development. Discussed the Miller
Point in respect to this party. Discussion on Request for Proposal. Alderwoman Miller gave herinsight, regarding her real estate background. The idea of townhomes was also discussed and
the council should be open to the development and/or engaging local realtors. Mayor Jett asked
if the majority of council would like to move forward with ideas regarding this property. Yesagreedbythecouncil.
Executive Session:
Mayor Jett explained that the Council will not meet in executive session tonight.
Staff Reports, Mayor's Report and Council Comments:
Glacier Ridge road report starting soon, per Director of Public Works Strange.
Administrator Moorefield, new communication format and notification was sent out from him.
Mayor's Report: A thank you went out to City Clerk Monte Johnson for his attendance and
help with the meetings, thankful for the support.
City Council Comments: none
Adjournment:
A motion was made Alderwoman Baehne and seconded by Alderwoman Miller to adjourn the
meeting at 9:30 p.m. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Schaefer, Alderman
Glab, Alderwoman Baehne, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays,
0-abstained. Motion carried
X X
Wayne Jett
Trisha Ramel
Mayor
City Clerk
6
McHenry, IL
Vendor Name
Payable Number
Vendor: ALBERT, LOUIS F
ALBERT, LOUIS F
INV0008700
Vendor: ANDERSON, BRIAN
ANDERSON, BRIAN
INV0008687
Vendor: BAKER & SON CO, PETER
BAKER & SON CO, PETER
26154
Vendor: BALDIN, MARK
BALDIN, MARK
INV0008702
Vendor: BARCLAY,TIM
BARCLAY,TIM
INV0008694
Vendor: BEHLERT, DOUG
BEHLERT, DOUG
INV0008698
BEHLERT, DOUG
INV0008699
Vendor: BELL, ADAM C
BELL, ADAM C
INV0008703
Vendor: BLASZYNSKI, KATELYN
BLASZYNSKI, KATELYN
INV0008704
Vendor: BOYER, AARON
BOYER,AARON
INV0008705
Vendor: BROWN, ADAM
BROWN, ADAM
INV0008706
Vendor: CARROLL, ALEX
CARROLL, ALEX
INV0008707
Vendor: CENTEGRA OCCUPATIONAL HEALTH
CENTEGRA OCCUPATIONAL
228466
CENTEGRA OCCUPATIONAL
228700
CENTEGRA OCCUPATIONAL
228854
CENTEGRA OCCUPATIONAL
228980
Vendor: CHILDRESS, DAVID
CHILDRESS, DAVID
INV0008708
Vendor: CHRISTIANSEN, CHRISTINA
CHRISTIANSEN, CHRISTINA
19-07-134
CHRISTIANSEN, CHRISTINA
19-07-135
Vendor: CONSTELLATION NEWENERGY
INC
CONSTELLATION NEWENERGY
INV0008709
CONSTELLATION NEWENERGY
INV0008709
Expense Approval Register
List of Bills Council Meeting 9-3-19
Post Date
Description (Item)
Account Number
09/03/2019
CITY BAND 2019
210-00-5110
Vendor ALBERT, LOUIS F Total:
09/03/2019
CITY BANK 2019
210-00-5110
Vendor ANDERSON, BRIAN Total:
09/03/2019
HMA BINDER, SFC
100-33-6110
Vendor BAKER & SON CO, PETER Total:
09/03/2019
CITY BAND 2019
210-00-5110
Vendor BALDIN, MARK Total:
09/03/2019
CITY BAND 2019
210-00-5110
Vendor BARCLAY, TIM Total:
09/03/2019
CITY BAND
210-00-5110
09/03/2019
CITY BAND 2019
210-00-5110
Vendor BEHLERT, DOUG Total:
09/03/2019
CITY BAND 2019
210-00-5110
Vendor BELL, ADAM C Total:
09/03/2019
CITY BAND 2019
210-00-5110
Vendor BLASZYNSKI, KATELYN Total:
09/03/2019
CITY BAND 2019
210-00-5110
Vendor BOYER, AARON Total:
09/03/2019
CITY BAND 2019
210-00-5110
Vendor BROWN, ADAM Total:
09/03/2019
CITY BAND 2019
210-00-5110
Vendor CARROLL, ALEX Total:
09/03/2019
E ROTH
100-05-5110
09/03/2019
A VASQUEZ
100-05-5110
09/03/2019
D CHRISTOPHER
610-00-6940
09/03/2019
G GRUEN
100-05-5110
Vendor
CENTEGRA OCCUPATIONAL HEALTH Total:
09/03/2019
CITY BAND 2019
210-00-5110
Vendor CHILDRESS, DAVID Total:
09/03/2019
TEMP SIGN REFUND
100-00-3410
09/03/2019
TEMP SIGN REFUND
100-00-3410
Vendor CHRISTIANSEN, CHRISTINA Total:
09/03/2019
UTIL
100-33-5520
09/03/2019
UTI L
100-42-5510
Amount
140.00
140.00
420.00
420.00
81783,28
81783.28
280.00
280.00
270.00
270.00
270.00
270.00
540.00
140.00
140.00
70.00
70.00
280.00
280.00
140.00
140.00
280.00
280.00
35.00
35.00
65.00
35.00
170.00
360.00
360.00
30.00
30.00
60.00
352.73
740.43
8/28/2019 2:11:10 PM
Expense Approval Register
Vendor Name
Payable Number
CONSTELLATION NEWENERGY
INV0008709
CONSTELLATION NEWENERGY
INV0008709
CONSTELLATION NEWENERGY
INV0008709
CONSTELLATION NEWENERGY
INV0008710
Vendor: CRYSTAL CLEAR MUSIC PRODUCTIONS
CRYSTAL CLEAR MUSIC
INV0008688
Vendor: EDGAR, THOMAS
EDGAR, THOMAS
INV0008695
Vendor: FOX VALLEY FIRE & SAFETY
FOX VALLEY FIRE & SAFETY
IN00287687
FOX VALLEY FIRE & SAFETY
IN00287691
Vendor: FREUND, MICHAEL R
FREUND, MICHAEL R
INV0008689
FREUND, MICHAELR
INV0008690
Vendor: GESKE AND SONS INC
GESKE AND SONS INC
51846
Vendor: GLICK IV, HENRY W
GLICK IV, HENRY W
INV0008711
Vendor: GRAEFFO, ANTHONY
GRAEFFO, ANTHONY
INV0008712
Vendor: GUYNES, TERRY
GUYNES, TERRY
INV0008713
Vendor: HOLTZ, TED
HOLTZ, TED
INV0008696
Vendor: HORIST, LISA
HORIST, LISA
245756
Vendor: HOWELL, DONNA
HOWELL, DONNA
245757
Vendor: JUREK, MEGAN
JUREK, MEGAN
INV0008714
Vendor: KNAUF, MICHAELJ
KNAUF, MICHAELJ
INV0008697
Vendor: LAISON, JOAQUIN
LAISON, JOAQUIN
INV0008716
Vendor: LEGG, DANA L
LEGG, DANA L
INV0008715
Vendor: MACGREGOR, PEGGY
MACGREGOR, PEGGY
245759
Packet: APPKT01596 - 9-349 AP CKS
Post Date
Description (Item)
Account Number
Amount
09/03/2019
UTIL
100-44-5510
32.41
09/03/2019
UTIL
100-45-5510
367.75
0 1/03/2019
UTIL
100-46-5510
35.86
0 V03/2019
UTIL
510-32-5510
29,71
Vendor CONSTELLATION NEWENERGY INCTota1:
1155&89
0 V2612019
CITY BAND 2019
210-00-5110
11400.00
Vendor CRYSTAL CLEAR MUSIC PRODUCTIONS Total:
1,400.00
09/03/2019
CITY BAND 2019
210-00-5110
420.00
Vendor EDGAR, THOMAS Total:
420.00
09/03/2019
MUN RADIO MAINT
225-00-5110
11352,00
09/03/2019
SUBS RADIO
225-00-5110
41662.00
Vendor FOX VALLEY FIRE & SAFETY Total:
61014.00
09/03/2019
CITY BAND 2019
200-00-5110
350.00
09/03/2019
CITY BAND 2019
210-00-5110
280.00
Vendor FREUND, MICHAEL R Total:
630.00
09/03/2019
TKT 222421,222429
100-33-6110
11047,53
Vendor GESKE AND SONS INC Total:
11047.53
09/03/2019
8/10-8/16/19 LIMP
100-47-5110
25.00
Vendor GLICK IV, HENRY W Total:
25.00
09/03/2019
CITY BAND 2019
210-00-5110
490.00
Vendor GRAEFFO, ANTHONY Total;
490.00
09/03/2019
CITY BAND 2019
210-00-5110
150,00
Vendor GUYNES, TERRY Total:
150.00
09/03/2019
CITY BAND 2019
210-00-5110
490.00
Vendor HOLTZ, TED Total:
490.00
09/03/2019
WEATHERCANC
400-40-3650
11.25
Vendor HORIST, LISA Total:
11.25
09/03/2019
WEATHER CANC
400-40-3650
9.00
Vendor HOWELL, DONNA Total:
9.00
09/03/2019
CAMP SUPP REIMB
100-46-6110
7.63
Vendor JUREK, MEGAN Total:
7.63
09/03/2019
CITY BAND 2019
210-00-5110
70.00
Vendor KNAUF, MICHAEL J Total:
70.00
09/03/2019
CITY BAND 2019
210-00-5110
350.00
Vendor LAISON, JOAQUIN Total:
350.00
09/03/2019
CITY BAND 2019
210-00-5110
490.00
Vendor LEGG, DANA LTotal:
490.00
09/03/2019
WEATHER CANC
400-40-3650
11.25
Vendor MACGREGOR, PEGGY Total:
11.25
8/28/Z019 2:11:10 PM
Expense Approval Register
Vendor Name Payable Number
Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK
MCANDREWS PC, THE LAW 08/19
Vendor: MCHENRY COUNTY CHIEFS OF POLICE
MCHENRY COUNTY CHIEFS OF INV0008717
Vendor: MCHENRY COUNTY DIV OF TRANSPORTATION
MCHENRY COUNTY DIV OF 2-49
Vendor: MCHENRY COUNTY RECORDER OF DEEDS
MCHENRY COUNTY RECORDER 2019820-14
Vendor: MIDUSZEWSKI, STAN
MIDUSZEWSKI, STAN INV0008718
Vendor: MINUTEMAN PRESS OF MCH
MINUTEMAN PRESS OF MCH 92923
MINUTEMAN PRESS OF MCH 92935
MINUTEMAN PRESS OF MCH 92940
Vendor: MOREFIELD, WILLIAM DERIK
MOREFIELD, WILLIAM DERIK INV0008719
Vendor: MOSE,IOHN
MOSS, JOHN INV0008720
Vendor: MUNICIPAL COLLECTION SERVICES INC
MUNICIPAL COLLECTION 014880
MUNICIPAL COLLECTION 014881
Vendor: NICOR GAS
NICOR
GAS
NICOR
GAS
NICOR
GAS
NICOR
GAS
NICOR
GAS
NICOR
GAS
NICOR
GAS
Packet: APPKT01596 -
9-3-19 AP CKS
Post Date Description
(Item)
Account Number
Amount
09/03/2019
AUG 2019
LGL SVS TRAFFIC
100-01-5230
4,000.00
Vendor
MCANDREWS PC, THE
LAW OFFICE OF PATRICK Total:
41000.00
09/03/2019
SEPT MTG 100-22-5430
60.00
Vendor MCHENRY COUNTY
CHIEFS OF POLICE Total:
60.00
09/03/2019
MC RIDE JULY-SEPT 2019
100-01-5110
8,435.00
Vendor MCHENRY COUNTY
DIV OF TRANSPORTATION Total:
81435.00
09/03/2019
LAREDO QTRLY
620-00-5110
275.00
Vendor MCHENRY
COUNTY RECORDER OF DEEDS Total:
275.00
09/03/2019
CITY BAND 2019
210-00-5110
140.00
Vendor MIDUSZEWSKI, STAN Total:
140.00
09/03/2019
NOTARY STAMP -J
HEIL 100-01-6110
33.75
09/03/2019
RYAN BUS CARDS
100-03-5330
60.00
09/03/2019
PD LETTERHEAD
100-22-6210
156.33
Vendor MINUTEMAN PRESS OF MCH Total:
250.08
09/03/2019
TRAVEL REIMB
100-01-5420
152.08
Vendor MOREFIELD, WILLIAM DERIK Total:
152.08
09/03/2019
CITY BAND 2019
210-00-5110
70.00
Vendor MOSE, JOHN Total:
70.00
09/03/2019
COLL
100-04-5110
333.57
09/03/2019
COLL
100-04-5110
916.54
Vendor
MUNICIPAL COLLECTION SERVICES INCTotal:
11250.11
INV0008721
09/03/2019
UTIL
INV0008721
09/03/2019
UTIL
INV0008721
09/03/2019
UTIL
INV0008721
09/03/2019
UTIL
INV0008721
09/03/2019
UTIL
INV0008722
09/03/2019
UTIL
INV0008722
09/03/2019
UTIL
Vendor: OTTOSEN BRITZ KELLY COOPER &GILBERT LTD
OTTOSEN BRITZ KELLY COOPER 118410
Vendor: POE, DAVE
POE, DAVE INV0008691
POE,DAVE INV0008692
Vendor: POSTMASTER MCHENRY IL
POSTMASTER MCHENRY IL 4800010/2/19
Vendor: RAMIREZ, ESTEBAN
RAMIREZ, ESTEBAN INV0008724
Vendor: RICOH USA INC
RICOH USA INC CH119040047
09/03/2019
09/03/2019
09/03/2019
09/03/2019
09/03/2019
09/03/2019
10D-42-5510
100-43-5510
100-45-5510
100-46-5510
400 00-5510
510-31-5510
510-32-5510
Vendor NICOR GAS Total:
LABOR 100-01-5230
Vendor OTTOSEN BRITZ KELLY COOPER &GILBERT LTD Total:
CITY BAND 2019 210-00-5110
CITY BAND 2019 210-00-5110
Vendor POE, DAVE Total:
BRM PERMIT48000 100-01-5310
Vendor POSTMASTER MCHENRY IL Total:
UNIFORM REIMB
ACCT 19227439
510-35-4510
Vendor RAMIREZ, ESTEBAN Total:
760-00-5110
Vendor RICOH USA INC Total:
266.75
71.22
56.05
21.41
1,584.69
474.84
1,500.83
3,975.79
502.50
502.50
280.00
490.00
770.00
235.00
235.00
93.93
93.93
1,107.49
1,107.49
8/28/2019 2:11:10 PM
Expense Approval Register
Packet: APPKT01596 -
9-349 AP CKS
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: RIDER, DAN
RIDER, DAN
INV0008727
09/03/2019
CITY BAND
210-00-5110
140.00
Vendor RIDER, DAN Total:
140.00
Vendor: RYDIN DECAL
RYDIN DECAL
361087
09/03/2019
VIDEO GAMING TERMINAL
100-01-5110
275.00
Vendor RYDIN DECAL Total:
275.00
Vendor: SEMROW JR, HARRY H
SEMROW JR, HARRY H
INV0008728
09/03/2019
JUNE 28-JULY 17 BILLING
100-03-5110
6330
SEMROW JR, HARRY H
INV0008728
09/03/2019
JUNE 28-JULY 17 BILLING
100-22-5110
573.80
Vendor SEMROW JR, HARRY H Total:
637.50
Vendor: SHATZ, RON
SHATZ, RON
INV0008729
09/03/2019
CITY BAND 2019
210-00-5110
350.00
Vendor SHATZ, RON Total:
350.00
Vendor: SMARZEWSKI, JOHN
SMARZEWSKI, JOHN
INV0008693
09/03/2019
CITY BAND 2019
210-00-5110
490.00
Vendor SMARZEWSKI, JOHN Total:
490.00
Vendor: SOBOTTA, NANCY
SOBOTTA, NANCY
245763
09/03/2019
209 VALLEY ROAD
400-40-3650
25.00
Vendor SOBOTTA, NANCY Total:
25.00
Vendor: STEPHEN A LASER ASSOCIATES
STEPHEN A LASER ASSOCIATES
2005013
09/03/2019
PUBLIC SAFETY PROMOTIONAL 100-23-5110
3,300.00
Vendor
STEPHEN A LASER ASSOCIATES Total:
3,300.00
Vendor: STERLING CODIFIERS
STERLING CODIFIERS
22343
09/03/2019
NEW CODE 2ND PYMT
100-01-5110
31500,00
Vendor STERLING CODIFIERS Total:
3,500.00
Vendor: TEN BRUIN, JAN
TEN BRUIN, JAN
245765
09/03/2019
WEATHER CANC
400-40-3650
15,00
Vendor TEN BRUIN, JAN Total:
15.00
Vendor: THOMPSON, NICOLE
THOMPSON, NICOLE
INV0008730
09/03/2019
REGISTRATION REIMB HAILEY, 100-47-6110
30.00
Vendor THOMPSON, NICOLE Total:
30.00
Vendor: TIPPS, GARY
TIPPS, GARY
INV0008731
09/03/2019
CITY BAND 2019
210-00-5110
350.00
Vendor TIPPS, GARY Total:
350.00
Vendor: TIPPS, GREGORY P
TIPPS, GREGORY P
INV0008701
09/03/2019
CITY BAND 2019
210-00-5110
490.00
Vendor TIPPS, GREGORY P Total:
490.00
Vendor: VAN KANEGAN, TOM
VAN KANEGAN, TOM
INV0008732
09/03/2019
CITY BAND 2019
210-00-5110
70.00
Vendor VAN KANEGAN, TOM Total:
70.00
Vendor: WINNEBAGO LANDFILL
CO
WINNEBAGO LANDFILL CO
4536
09/03/2019
SLUDGE
510-32-5580
6119632
Vendor
WINNEBAGO LANDFILL CO Total:
6,196.32
Vendor: WITT, CINDY
WITT, CINDY
INV0008733
09/03/2019
TOUR GUIDE TIP
100-46-5110
30.00
Vendor WITT, CINDY Total:
30.00
Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE
ZUKOWSKI ROGERS FLOOD &
138844
09/03/2019
00002 CORP
100-01-5230
17,066,24
ZUKOWSKI ROGERS FLOOD &
138845
09/03/2019
00428
100-01-5230
81778,70
ZUKOWSKI ROGERS FLOOD &
138846
09/03/2019
00474
100-01-5230
145.00
Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total:
25,989.94
Grand Total:
88,313.57
8/Z8/2019 2:11:10 PM
Expense Approval Register
Packet: APPKT01596 - 9-349 AP CKS
Fund Summary
Fund Expense Amount
100- GENERAL FUND 60j620,26
200-TOURISM FUND 350.00
210- BAND FUND %930.00
225-ALARM BOARD FUND 61014*00
400 - RECREATION CENTER FUND 11656,19
510- WATER/SEWER FUND 81295,63
610- RISK MANAGEMENT FUND 65,00
620 - INFORMATION TECHNOLOGY FUND 275.00
760 - POLICE PENSION FUND 11107,49
Grand Total: 88,313.57
McHenry, IL
Expense Approval Register
#2 List of Bills Council Meeting 9-349
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: 5 STAR SPORTS ACADEMY INC
5 STAR SPORTS ACADEMY INC
MCHPDS52019
09/03/2019
Summer 2 Invoice
100-47-5110
11406,00
Vendor 5
STAR SPORTS ACADEMY INC Total:
1,406.00
Vendor: ADAMS ENTERPRISES
INC, R A
ADAMS ENTERPRISES INC, RA
S009561
09/03/2019
TRAILER AWNING ARM
100-22-5370
74,95
ADAMS ENTERPRISES INC, RA
S014072
09/03/2019
Cable for Service Truck Crane
510-32-5370
225,62
ADAMS ENTERPRISES INC, RA
T553247
09/03/2019
equipment trailer
100-33-6270
21718,00
Vendor ADAMS
ENTERPRISES INC, RATotal:
3101837
Vendor: ADAMS STEEL SERVICE &SUPPLY, INC
ADAMS STEEL SERVICE &
357417
09/03/2019
411
100-33-5370
43,00
ADAMS STEEL SERVICE&
357530
09/03/2019
RiverwalkSignage
100-45-5110
854,88
ADAMS STEEL SERVICE &
357821
09/03/2019
Nitrogen bottle -Sludge Dryer
510-32-5375
270,50
Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total:
1,168.38
Vendor: AFFILIATED SERVICE
AFFILIATED SERVICE
171656
09/03/2019
Rooftop AAON Unit Repair
400-00-5110
260,00
Vendor AFFILIATED SERVICE Total:
260.00
Vendor: ALPHA BUILDING MAINTENANCE SERVICE INC
ALPHA BUILDING
19573MRC
09/03/2019
Monthly cleaning
400-00-5200
21080*00
Vendor ALPHA BUILDING
MAINTENANCE SERVICE INCTotal:
2,080.00
Vendor: AT&T
AT&T
6201920022
09/03/2019
MONTHLY BILL
620-00-5320
227.88
AT&T
6201920116
09/03/2019
MONTHLY BILL
620-00-5320
275,23
AT&T
6201920117
09/03/2019
MONTHLY BILL
620-00-5320
11934,05
AT&T
6201920118
09/03/2019
Monthly Bill
620-00-5320
239,65
AT&T
6201920119
09/03/2019
Monthly Bill
620-00-5320
241.15
AT&T
6201920120
09/03/2019
MONTLY BILL
620-00-5320
851,42
AT&T
6201920121
09/03/2019
MONTHLY BILL
620-00-5320
318,04
AT&T
6201920123
09/03/2019
MONTHLY BILL
620-00-5320
2199030
AT&T
6201920127
09/03/2019
MONTHLY INVOICE
620-00-5320
245,67
Vendor AT&T Total:
7,323.39
Vendor: AT&T
AT&T
6201920126
09/03/2019
MONTHLY INVOICE
620-00-5110
2,329.88
Vendor AT&T Total:
2,329.88
Vendor: BARRINGTON PARK
DISTRICT
BARRINGTON PARK DISTRICT
3
09/03/2019
Trip - Untouchables
100-46-5110
897.60
Vendor BARRINGTON PARK DISTRICT Total:
897.60
Vendor: BROWNELLS INC
BROWNELLS INC
17250
08/27/2019
SIGHTSET
100-22-6110
83,78
Vendor BROWNELLS INC Total:
83.78
Vendor: BUCK BROS INC
BUCK BROS INC
229680
09/03/2019
Sewer Gator-Drive Shaft Parts
510-32-5370
39132
Vendor BUCK BROS INC Total:
391.32
Vendor: BUSS FORD SALES
BUSS FORD SALES
5035096
09/03/2019
02 sensors 317
100-22-5370
84,48
BUSS FORD SALES
5035231
09/03/2019
bolts 434
100-33-5370
14,40
BUSS FORD SALES
6058245
09/03/2019
system check
100-22-5370
125.95
Vendor BUSS FORD SALES Total:
22433
Vendor: CABAY & COMPANY
INC
CABAY & COMPANY INC
61397
09/03/2019
supplies, custodial
400-00-6111
796,56
8/28/2019 L•22:33 PM
Expense Approval Register
Packet: APPKTO1598 - 9-349
RECT INVOICE
Vendor Name Payable Number
Post Date
Description (Item) Account Number
Amount
CABAY & COMPANY INC 61397
09/03/2019
supplies, custodial 400-40-6110
348.00
Vendor CABAY & COMPANY INC Total:
11144.56
Vendor: CASEY EQUIPMENT COMPANY
CASEY EQUIPMENT COMPANY C20073
09/03/2019
450 100-33-5370
65.60
Vendor CASEY EQUIPMENT COMPANYTotal:
65.60
Vendor: CLEAN BEE CLEANING SERVICES INC
CLEAN BEE CLEANING SERVICES 11471
09/03/2019
carpet cleaning 400-40-5110
725.40
CLEAN BEE CLEANING SERVICES 15619
09/03/2019
upholstery cleaning 400-40-5110
135.00
Vendor CLEAN BEE CLEANING SERVICES INC Total:
860A0
Vendor: COMCAST CABLE
COMCASTCABLE 6201920113
09/03/2019
MONTHLY BILL 620-00-5110
135.76
COMCASTCABLE 6201920114
09/03/2019
MONTHLY BILL 620-00-5110
140.82
COMCAST CABLE 6201920115
09/03/2019
MONTHLY BILL 620-00-5110
41.54
Vendor COMCAST CABLE Total:
318.12
Vendor: CONCENTRIC INTEGRATION,LLC
CONCENTRIC INTEGRATION,LLC 207935
09/03/2019
Inv#207935 510-31-5110
980.00
Vendor CONCENTRIC INTEGRATION,LLC Total:
980900
Vendor: CRESCENT ELECTRIC SUPPLY CO
CRESCENT ELECTRIC SUPPLY CO S506873062.001
09/03/2019
see below. vendor order 100-33-6110
230.12
CRESCENT ELECTRIC SUPPLY CO S506881814.001
09/03/2019
Pipe Clamps,B-Channel, and 510-32-5375
196.82
Vendor CRESCENT ELECTRIC SUPPLY CO Total:
426.94
Vendor: CURRAN CONTRACTING COMPANY
CURRAN CONTRACTING 17236
09/03/2019
43584 N50 binder. vendor 100-33-6110
663.77
Vendor CURRAN CONTRACTING COMPANY Total:
663.77
Vendor: CUTTING EDGE COMMUNICATIONS INC
CUTTING EDGE 5481
09/03/2019
Install newfiberto new office 510-32-6110
517.94
Vendor CUTTING EDGE COMMUNICATIONS INCTotal:
517.94
Vendor: DECKER SUPPLY CO INC
DECKER SUPPLY CO INC 906815
09/03/2019
signpost 100-33-6110
31406,00
Vendor DECKER SUPPLY CO INC Total:
%406.00
Vendor: DIRECT FITNESS SOLUTIONS
DIRECT FITNESS SOLUTIONS 0545979-IN
09/03/2019
equiptment repair 400-40-5375
214.98
Vendor DIRECT FITNESS SOLUTIONS Total:
214.98
Vendor: DOCUMENT IMAGING SERVICES, LLC
DOCUMENTIMAGING 1513
09/03/2019
TONER 620-00-6210
178.00
Vendor DOCUMENT IMAGING SERVICES, LLC Total:
178.00
Vendor: EJ USA INC
EJ USA INC 110190064346
09/03/2019
Fire Hydrants 510-35-6110
9/550410
Vendor EJ USA INC Total:
9/550010
Vendor: FIRST STUDENT CORP
FIRST STUDENT CORP 9307044
09/03/2019
Camp - Bus #8 100-46-5110
800.00
FIRST STUDENT CORP 9309686
09/03/2019
Camp - Bus #9 100-46-5110
800.00
Vendor FIRST STUDENT CORP Total:
11600.00
Vendor: FIRST UNITED METHODIST CHURCH
FIRST UNITED METHODIST 1219-626
09/03/2019
Camp - Rain Days 100-46-5110
350.00
Vendor FIRST UNITED METHODIST CHURCH Total:
350.00
Vendor: FISCHER BROS FRESH
FISCHER BROS FRESH 11904
09/03/2019
Sidewalk/Apron 100-33-6110
11349,25
Vendor FISCHER BROS FRESH Total:
1,349.25
Vendor: FOX WATERWAY AGENCY
FOX WATERWAY AGENCY 373-IN
09/03/2019
Dirt 100-45-6110
40.00
FOX WATERWAY AGENCY 377-IN
09/03/2019
Landscape Supplies 100-45-6110
30.00
Vendor FOX WATERWAY AGENCY Total:
70.00
8/28/2019 2:22;33 PM
Expense Approval Register
Packet: APPKT01598 - 9-3-19
RECT INVOICE
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: FRONTLINE PUBLIC SAFETY SOLUTIONS
FRONTLINE PUBLIC SAFETY
FL26735
09/04/2019
ANNUAL MEMBERSHIP
100-23-5110
31486.00
Vendor FRONTLINE PUBLIC SAFETY SOLUTIONS Total:
31486.00
Vendor: GALLS LLC
GALLS LLC
13378969
09/03/2019
UNIFORM ORDER- HAVENS 100-23-4510
21.85
GALLS LLC
13407951
09/03/2019
UNIFORM ORDER- KINNEY 100-22-4510
37.28
Vendor GALLS LLC Total:
59.13
Vendor: GESKE AND SONS INC
GESKE AND SONS INC
PO17299
08/27/2019
HMA binder N50. vendor
ticket 100-33-6110
312.98
GESKE AND SONS INC
51740
09/03/2019
HMA binder N50. vendor
ticket 100-33-6110
487.92
GESKE AND SONS INC
51797A
09/03/2019
HMA binder N50. vendor
ticket 100-33-6110
474.55
GESKE AND SONS INC
51797B
09/03/2019
HMA binder N50. vendor
ticket 100-33-6110
841.54
GESKE AND SONS INC
51797D
09/03/2019
HMA binder N50. vendor
ticket 100-33-6110
532.33
GESKE AND SONS INC
517987C
09/03/2019
HMA binder N50. vendor
ticket 100-33-6110
587.97
GESKE AND SONS INC
51825
09/03/2019
HMA binder N50. vendor
ticket 100-33-6110
738.84
GESKE AND SONS INC
51825A
09/03/2019
HMA binder N50. vendor
ticket 100-33-6110
431.74
Vendor GESKE AND SONS INC Total:
41407.87
Vendor: GOPHER
GOPHER
9634450
09/03/2019
Dryland Equipment
100-47-6110
426.58
Vendor GOPHER Total:
426.58
Vendor: HAWKINS INC
HAWKINS INC
4558149
09/03/2019
Treatment Chemical Delivery
510-31-6110
41884.72
HAWKINS INC
4564583
09/03/2019
Chemical Delivery
510-32-6110
4,435.60
Vendor HAWKINS INC Total:
9,320.32
Vendor: HEARTSMART.COM
HEARTSMART.COM
HS350221
09/03/2019
AED PADS
100-22-6110
53.00
Vendor HEARTSMART.COM Total:
53.00
Vendor: HOT SHOTS SPORTS
HOT SHOTS SPORTS
1377
09/03/2019
Summer 2 Invoice 1377
100-47-5110
336.00
Vendor HOT SHOTS SPORTS Total:
336.00
Vendor: HYDRO INTERNATIONAL (WASTEWATER)
HYDRO INTERNATIONAL
SIN-001463
09/03/2019
Micro Screen Parts
510-32-5375
327.57
Vendor HYDRO INTERNATIONAL (WASTEWATER) Total:
327.57
Vendor: IWPIPE TECHNOLOGY
COMPANY INC
IN -PIPE TECHNOLOGY
1573
09/03/2019
Monthly service fee
510-32-5110
7,750.00
Vendor IN -PIPE TECHNOLOGY COMPANY INC Total:
7,750.00
Vendor: INTERNATIONAL ACADEMICS OF EMERGENCY
DISPATCH
INTERNATIONAL ACADEMICS
INV0008734
09/03/2019
EMD RE -CERTIFICATION
100-23-5430
50.00
Vendor INTERNATIONAL ACADEMICS OF EMERGENCY DISPATCH Total:
50.00
Vendor: INTERSTATE BILLING SERVICE
INC
INTERSTATE BILLING SERVICE
3016117310
09/03/2019
brakes 636
510-32-5370
968.62
INTERSTATE BILLING SERVICE
3016131744
09/03/2019
hose
510-32-5370
23.90
INTERSTATE BILLING SERVICE
3016168069
09/03/2019
dip stick 407
100-33-5370
115.00
INTERSTATE BILLING SERVICE
3016187383
09/03/2019
brake hose 636
510-32-5370
75.80
INTERSTATE BILLING SERVICE
3016222310
09/03/2019
416
100-33-5370
21588.36
INTERSTATE BILLING SERVICE
3016238835
09/03/2019
412/402
100-33-5370
1,911.98
Vendor INTERSTATE BILLING SERVICE INC Total:
5,683.66
Vendor: JG UNIFORMS INC
JG UNIFORMS INC
58446
09/03/2019
UNIFORM ORDER- B. AALTO 100-22-6110
15.45
JG UNIFORMS INC
58584
09/03/2019
UNIFORM ORDER- NOYES
100-22-4510
96.75
JG UNIFORMS INC
58585
09/03/2019
UNIFORM ORDER - POPP
100-22-4510
158.06
Vendor JG UNIFORMS INC Total:
270.26
Vendor: KIMBALL MIDWEST
KIMBALLMIDWEST
7332351
09/03/2019
stock
100-33-6110
244.30
Vendor KIMBALL MIDWESTTotal:
244.30
8/28/2019 2:22:33 PM
Expense Approval Register
Packet: APPKTO1598 - 9-349
RECT INVOICE
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: LAFARGE NORTH AMERICA
LAFARGE NORTH AMERICA
711171614
09/03/2019
CM-6 virgin grade 9167566999
510-35-6110
105.30
LAFARGE NORTH AMERICA
711181386
09/03/2019
CM-11 Wash Stone 167567366
510-35-6110
120,80
LAFARGE NORTH AMERICA
711181386A
09/03/2019
CM-6 virgin grade 9167567399
510-35-6110
109.08
LAFARGE NORTH AMERICA
711215453
09/03/2019
FM-2 Sand 167568425
510-35-6110
62.32
LAFARGE NORTH AMERICA
711250342
09/03/2019
Lafarge 167568997
510-35-6110
120A8
LAFARGE NORTH AMERICA
711259956
09/03/2019
Wash Stone 167569731
510-35-6110
113.76
Vendor LAFARGE NORTH AMERICA Total:
631.74
Vendor: LANG AUTO GROUP, GARY
LANG AUTO GROUP, GARY
5039560
09/03/2019
wire 310
100-22-5370
14A1
Vendor LANG AUTO GROUP, GARY Total:
14.11
Vendor: MARATHON TOWING
MARATHON TOWING
23703
09/03/2019
REPORT 19-14286 - TOWING
100-22-5110
155,00
Vendor
MARATHON TOWING Total:
155.00
Vendor: MARKS TREE SERVICE
& SNOW PLOWING CORP
MARKS TREE SERVICE & SNOW
19-20-169
09/03/2019
Tree Removal
100-45-5110
21250*00
Vendor MARKS TREE SERVICE
& SNOW PLOWING CORP Total:
2,250.00
Vendor: MCCANN INDUSTRIES
INC
MCCANN INDUSTRIES INC
W00329
09/03/2019
repair leaks 446
100-33-5370
61336,10
Vendor
MCCANN INDUSTRIES INC Total:
6,336.10
Vendor: MEADE INC
MEADE INC
689234
09/03/2019
Repair TL at Crystal Lake/Royal
100-33-5110
155,93
MEADE INC
689235
09/03/2019
Repair TL at Crystal Lake/Lillian,
100-33-5110
155,93
MEADE INC
689236
09/03/2019
Repair TLatCrystal Lake/Liliian,
100-33-5110
52836
Vendor MEADE INC Total:
840.62
Vendor: MINUTEMAN PRESS OF MCH
MINUTEMAN PRESS OF MCH
92947
09/03/2019
Ft, McHenry Anniversary
100-41-5110
44,70
Vendor MINUTEMAN PRESS OF MCH Total:
44970
Vendor: MOTOROLA
MOTOROLA
43913712019
09/03/2019
MONTHLYSTARCOM
100-22-5320
21453,00
Vendor MOTOROLA Total:
21453*00
Vendor: NCL OF WISCONSIN INC
NCL OF WISCONSIN INC
427626
09/03/2019
Lab Supplies
510-32-6110
795646
Vendor NCL OF WISCONSIN INC Total:
795.46
Vendor: NEW FINISH
NEW FINISH
2O190808
09/03/2019
Riverwalk Maintenance
100-45-5110
41000,00
Vendor NEW FINISH Total:
4,000.00
Vendor: NUTOYS LEISURE PRODUCTS
NUTOYS LEISURE PRODUCTS
49411
09/03/2019
Park Supplies
100-45-6110
829.00
Vendor NUTOYS LEISURE PRODUCTS Total:
829.00
Vendor: OLSEN SAFETY EQUIPMENT CORP
OLSEN SAFETY EQUIPMENT
0368779-IN
09/03/2019
Ear plugs,orange gloves
510-35-6110
178.51
Vendor OLSEN SAFETY EQUIPMENT CORP Total:
178.51
Vendor: PEPSI COLA
PEPSI COLA
44379213
09/03/2019
Conc-Pop
100-44-6110
334.84
PEPSI COLA
93311555
09/03/2019
Conc - Pop
100-44-6110
415,24
Vendor PEPSI COLA Total:
750.08
Vendor: PETROCHOICE LLC
PETROCHOICE LLC
10905509
09/03/2019
Fuel
100-45-6250
378.15
PETROCHOICE LLC
10929101
09/03/2019
Fuel
100-45-6250
294.21
PETROCHOICE LLC
11026478
09/03/2019
FUEL 11026478
100-22-6250
767,82
PETROCHOICE LLC
11031007
09/03/2019
Petro 11031007
510-35-6250
249.88
PETROCHOICE LLC
11031023
09/03/2019
Petro Fuel #11031023
510-32-6250
399.94
PETROCHOICE LLC
11031024
09/03/2019
Petro Fuel & #11031024
510-31-6250
79.38
PETROCHOICE LLC
11031025
09/03/2019
Fuel
100-45-6250
275.98
PETROCHOICE LLC
11031026
09/03/2019
Petro 11031026
100-33-6250
617,10
8/28/2019 2:22:33 PM
Expense Approval Register
Packet: APPKT01598 - 9-3-19
RECT INVOICE
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
PETROCHOICE LLC
11033637
09/03/2019
oil
100-22-6250
11710.25
PETROCHOICE LLC
11036517
09/03/2019
Petro fuel 11036517
510-35-6250
229.37
PETROCHOICE LLC
11036531
09/03/2019
Petro Fuel 11036531
510-32-6250
199.09
PETROCHOICE LLC
11036532
09/03/2019
Petro 11036532
510-31-6250
195.72
PETROCHOICE LLC
11036533
09/03/2019
Fuel
100-45-6250
240.14
PETROCHOICE LLC
11036534
09/03/2019
Petro fuel 11036534
100-33-6250
11149.38
PETROCHOICE LLC
11033641
09/04/2019
oil bulk
100-33-6250
21628.50
Vendor PETROCHOICE LLC Total:
91414.91
Vendor: PETTIBONE & CO, P F
PETTIBONE & CO, P F
177250
09/03/2019
BADGES 1127/1128/1129
100-22-6110
11332.00
PETTIBONE & CO, P F
177251
09/03/2019
UNIFORM ORDER - MADER
100-22-4510
166.00
Vendor PETTIBONE & CO, P F Total:
1,498.00
Vendor: PITEL SEPTIC INC
PITEL SEPTIC INC
17501
09/03/2019
Portable Toilet Rental
100-45-6110
600.00
Vendor PITEL SEPTIC INC Total:
600.00
Vendor: QUALITY TIRE SERVICE
QUALITY TIRE SERVICE
55150
09/03/2019
tires 124
100-45-5370
11082,16
QUALITY TIRE SERVICE
55182
09/03/2019
636
510-32-5370
822.48
QUALITY TIRE SERVICE
55242
09/03/2019
417
100-33-5370
96.16
QUALITY TIRE SERVICE
55265
09/03/2019
412
100-33-5370
11009.26
QUALITY TIRE SERVICE
55180
09/04/2019
410
100-33-5370
1/009426
Vendor QUALITY TIRE SERVICE Total:
4,019.32
Vendor: SAFE SITTER, INC
SAFE SITTER, INC
62583
09/03/2019
Program - Safe Sitter
100-46-6110
399.00
Vendor SAFE SITTER, INC Total:
399.00
Vendor: SCHOPEN PEST SOLUTIONS
INC
SCHOPEN PEST SOLUTIONS INC
186100
09/03/2019
Pest Control Service
100-45-5110
98.00
Vendor
SCHOPEN PEST SOLUTIONS INC Total:
98.00
Vendor: STANS LPS MIDWEST
STANS LPS MIDWEST
347242
09/03/2019
Pars and Rec Copies
400-00-6210
21450.82
STANS LPS MIDWEST
347243
09/03/2019
MONTHLY AGREE PUBLIC
620-00-6210
287.53
STANS LPS MIDWEST
347244
09/03/2019
MONTHLY INVOICE COPIER
620-00-6210
94.02
STANS LPS MIDWEST
347245
09/03/2019
MONTHLY AGREEMENT
620-00-6210
115.04
Vendor STANS LPS MIDWEST Total:
2,947.41
Vendor: STONEY BROOK LANDSCAPE LLC
STONEY BROOK LANDSCAPE
645067
09/03/2019
MOWING BILL
100-03-6250
445.00
Vendor STONEY BROOK LANDSCAPE LLC Total:
445.00
Vendor: SUNNYSIDE COMPANY
SUNNYSIDE COMPANY
192242
09/03/2019
sway bar 524
510-31-5370
459.91
Vendor SUNNYSIDE COMPANY Total:
459.91
Vendor: TKB ASSOCIATES, INC
TKB ASSOCIATES, INC
13598
09/03/2019
LASERFICHE PLAN
620-00-5110
31887,00
Vendor TKB ASSOCIATES, INC Total:
31887.00
Vendor: TREDROC TIRE/ANTIOCH 002
TREDROC TIRE/ANTIOCH 002
7020026799
09/03/2019
tire 448
100-33-5370
1,695.85
Vendor TREDROC TIRE/ANTIOCH 002 Total:
11695.85
Vendor: US BANK EQUIPMENT FINANCE
US BANK EQUIPMENT FINANCE
392259248
09/03/2019
COPIER CONTRACT
620-00-6210
225.00
Vendor
US BANK EQUIPMENT FINANCE Total:
225.00
Vendor: USA BLUEBOOK
USA BLUEBOOK
972771
09/03/2019
Hayward Ball Valves
510-32-5375
771.44
USA BLUEBOOK
974257
09/03/2019
Sampler Thermometer
510-32-6110
66.40
USA BLUEBOOK
976738
09/03/2019
QTY2-Diversified (Float Control 510-32-5380
685.79
USA BLUEBOOK
980483
09/03/2019
Blue Locating Flags
510-31-6110
114.87
USA BLUEBOOK
983372
09/03/2019
Pressure Relief Valve
510-32-5375
241.27
Vendor USA BLUEBOOK Total:
1,879.77
8/28/2019 2:22:33 PM
Expense Approval Register
Vendor Name Payable Number
Vendor: VANDERSTAPPEN SURVEYING & ENGINEERING
VANDERSTAPPEN SURVEYING 48618
Vendor: VERIZON WIRELESS
VERIZON WIRELESS 6201920125
Vendor: ZARNOTH BRUSH WORKS INC
ZARNOTH BRUSH WORKS INC 176708-IN
Packet: APPKT01598 - 9-349 RECT INVOICE
Post Date Description (Item) Account Number Amount
09/03/2019 Reset Property Corners Lincoln 100-33-5110 750.00
Vendor VANDERSTAPPEN SURVEYING & ENGINEERING Total: 750.00
09/03/2019 MONTLY INVOICE 620-00-5320 21496,02
Vendor VERIZON WIRELESS Total: 2/496602
09/03/2019 center broom 441 100-33-5370 304.00
Vendor ZARNOTH BRUSH WORKS INC Total: 304.00
Grand Total: 123,691.61
H/2H/2019 Z:2Z:33 PM
Expense Approval Register
Packet: APPKT01598 - 9-349 RE CT INVOICE
Fund Summary
Fund Expense Amount
100 - GENERAL FUND 62,707.09
400 - RECREATION CENTER FUND 7101036
510- WATER/SEWER FUND 36,719476
620- INFORMATION TECHNOLOGY FUND 17,254*00
Grand Total: 123,691.61
John R. Birk, Chief of Police
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2200
Fax: (815) 363-2149
MCHenrjbirk@ci.mchenry.il.us
COUNCIL DISCUSSION ITEM
DATE: September 3`d,2019
TO: Mayor and City Council
FROM: John R.Birk, Chief of Police
Douglas Martin,Director of Economic Development
Ross Polerecky,Director of Community Development
Derik Morefield,City Administrator
RE: Discussion on the Sale on Distribution of Cannabis in McHenry
Introduction:
During the last legislative session of the Illinois General Assembly House Bill 1438 (Cannabis Regulation
and Tax Act) was passed, legalizing the recreational use of Cannabis in Illinois. Since this passage the
Governor signed the bill into law, which takes effect on January 111, 2020. Imbedded in the preamble of
the Act the State makes a clear statement advising that the regulation of recreational cannabis is a state
matter preempting home rule bodies of government such as McHenry from instituting local ordinances
that are stricter. The Act does however offer each municipal body of government the opportunity to
either prohibit or restrict cannabis businesses with their community.
Within this document we will provide Council with the benefit(s) and risks / concerns associated with
allowing cannabis businesses within McHenry. We will impartially provide options and ask Council for
direction as to which option they would like Staff to take. Once this is decided Staff will work on
drafting the appropriate ordinance and zoning language need to take action. It is the goal of Staff to bring
a comprehensive action item back to Council by early December. It should be noted that we are waiting
until December to deliver a final product to Council because Staff has pre-planned to attend additional
seminars and training in the months of September and October that is specific to this topic in order further
educate the City on the matter.
Overview:
Over the course of July and August Staff met as an informal committee multiple times to review the law,
collect information, and discuss the benefits, risks and concerns associated with cannabis businesses in
McHenry. The following information is provided to use as points of discussion on this topic so that
Council in the end can provide Staff with clear directions.
What are other McHenry County municipalities doing?:
Algonquin: After Council discussion staff is working on an ordinance no more than two dispensaries in
Algonquin. No vote actions has been taken yet.
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented, efficient and fiscally responsible manner.
Crystal Lake: Council has referred the matter to their Planning & Zoning Commission for further
consideration. They will be meeting on September 4'.No final decision has been made as of yet.
Woodstock: Council has made no formal decision but are leaning towards allowing dispensaries with
restrictions. Reviewing the possibility of a discussion meeting sometime in September.
Lake in the Hills: Discussion/Information Meeting conducted on 8/22. No decision was made final but
LITH is looking to allow dispensaries with regulation. They are also leaning at only a 2% sale tax.
Cary: On 8/20 the Board discussed the topic. Although no decision has been finalized they appear to be
leaning toward allowing dispensaries with the restriction focused on industrial parks only.
Benefits:
Sales Tax Revenue: McHenry may impose a sales tax of an additional 3%,which is in addition to the 1%
McHenry will already receive from the State as part of its regular sales tax as well as its .75% the City
receives in home rule sales tax.
Financial Implications: While it is somewhat difficult to predict the revenue which would be generated
from a recreational cannabis dispensary staff has gathered some information from the municipalities of
Addison,Lombard and Woodridge all of whom have conducted research and estimated revenues.
In speaking with the Community Development Director from the Village of Addison, which is most
likely going to prohibit recreational cannabis but does have medical cannabis within its corporate limits,
they utilized numbers from the medical cannabis facility. This facility generates approximately
20,000,000 annually which equates to $600,000/year at a 3%tax rate or the additional rate which can be
imposed on recreational cannabis.
The Village of Lombard estimated revenue based on a couple of sources. One of these is what the State
of Colorado receives from its sales from recreational cannabis. This number equates to approximately
401,000/dispensary in the State of Illinois. This does not include regular or home rule sales tax.
Additionally, they considered a report from the Illinois Policy Institute which estimated statewide sales
divided by the number of dispensaries and arrived at a total estimate of$262,000/dispensary not including
regular or home rule sales tax.
The Village of Woodridge utilized two methods to calculate potential revenues. Both revenue estimate
calculations.
Method 1: Revenue Per Store Estimate; This method uses Colorado's 15% retail sales tax total
for 2018 and distributes it evenly amongst their 571 retail locations. This equates to annual sales
per store of $2.IM. Local taxes are then applied, assuming the Village were to pass a 3%
Cannabis Sales Tax in addition to current sales taxes. Under this method, the potential revenue
for the Village of Woodridge per retail location is approximately$100,000.
Method 2: Revenues Using Population: This method uses Colorado's total retail sales for 2018
and divides it by their population to determine their sales per capita. Their per capita rate is then
applied to Illinois' population to determine estimated retail sales in Illinois. This amount is then
divided equally among the projected number of dispensaries in Illinois in 2021 to determine retail
sales per dispensary. Their local taxes are then applied. Under this method, the potential revenue
for the Village per retail location is approximately$436,000.
In conclusion, there can be up to 185 dispensaries throughout the State of Illinois and estimating the
revenue is challenging at best. Population density surely will be a factor and these facilities will also be
somewhat of a destination. That being said a dispensary will generate more per square foot than a typical
retail store. The exact dollar amount cannot be specified to an exact degree of certainty. Additional
variables that should further be taken into consideration include regions of the state; the location within a
municipality due to zoning and site availability; the store's business model, marketing, and product and
the number of locations within a certain radius of the City.
Risks:
1. Increase in Criminal Activity:
2. Traffic Safety:
3. School/Youth Safety:
4. Adverse Health Effects on Community Residents:
Concerns:
1. Community's Positive Image
2. Increased cost to City to manage businesses and Police to mitigate the risks
What does surrounding communities outside of McHenry County have thus far?:
There are currently no medical cannabis dispensaries in McHenry County. The following communities
outside of McHenry County currently have at least one medical cannabis dispensary located within their
corporate limits:
Addison
Arlington Heights
Buffalo Grove
Deerfield
Elmwood Park
Evanston
Highland Park
Homewood
Joliet
Mokena
Mount Prospect
Mundelein
Naperville
North Aurora
Oak Park
Rolling Meadows
Romeoville
St. Charles
Legal Consideration published by Holland & Knight,2019:
First, and most importantly, a municipality may "prohibit or significantly limit" the location of cannabis
businesses by ordinance. It is expected that this provision will be interpreted to allow municipalities to
impose a generally applicable prohibition on recreational cannabis businesses from locating in any zoning
district. This authority includes the ability to allow certain classes of cannabis businesses(e.g., cultivation
centers or processors)while prohibiting others(e.g.,dispensaries).
Zoning: If a municipality chooses to permit cannabis businesses to locate and operate within its borders,
it may also enact reasonable zoning regulations that are not in conflict with the Act. This authority would
include permitting cannabis businesses to locate in certain zoning districts but not others, and imposing
generally applicable off-street parking requirements.
Conditional Use Permits: Further, the Act explicitly authorizes municipalities to impose limits on the
time, place, manner, and number" of cannabis business by requiring the businesses to obtain conditional
or special use permits. These limits must be reasonable and may not conflict with the requirements of the
Act.
Although requiring cannabis businesses to obtain a conditional or special use permit will be useful to
local zoning authorities, determining whether a local restriction conflicts with the Act may be more
difficult than the drafters anticipated. For instance, the Act allows dispensaries to operate between 6 a.m.
and 10 p.m. It is uncertain whether a municipality would be allowed to require shorter hours of operation
as a condition of issuing a conditional use permit for a dispensary. Similar questions arise with regard to
separation requirements. The Act prohibits new dispensaries from locating within 1,500 feet of another
dispensary. Whether a municipality could require a greater separation distance is not clear. Finally, the
ability to limit the "number" of cannabis businesses through a conditional use permit process raises the
question of whether a municipality could impose a hard numerical cap on the number of conditional use
permits the municipality would be willing to issue.
Business Licensing: Although licensing of cannabis businesses will be the exclusive domain of state
agencies such as the Department of Agriculture(cultivation centers,processors, infusers,transporters, and
craft growers) and the IDFPR (dispensaries), local governments may still enforce generally applicable
business registration requirements for cannabis businesses and conduct inspections of premises to ensure
compliance with local building codes.
On-Premise Consumption: One area in which municipalities appear to have been granted broad
regulatory authority is on-premises consumption. Early versions of the Act only allowed for consumption
of cannabis in private residences,but the final version allows for on-premises consumption of recreational
cannabis in a licensed cannabis business, subject to local permission and regulation. Bill author and
principal sponsor Rep. Kelly Cassidy clarified that this would permit smoking lounges as accessory uses
to dispensaries, but the decision of whether, and to what extent, to allow them would be left to local
governments.
If a municipality chooses to allow on-premises consumption through the grant of a local license or permit,
it is expected that the municipality could impose significant restrictions on the location, security, and
environment in which such consumption would occur. Requiring cannabis dispensaries to obtain a local
on-premises consumption" license will also provide municipalities with a legitimate justification to
periodically inspect the licensed premises to ensure compliance with local regulations.
Proposed Options: Staff has proposed the following options for Council to consider when providing
Staff direction on this topic.
Option 1: Prohibit all sale of Cannabis in corporate limits.
Option 2: Allow for Cannabis Business Dispensaries(with NO on-site consumption)but regulate
the amount and locations of businesses through zoning and off-street parking requirements. If
this option is selected Council should inform staff of the maximum amount of cannabis
dispensaries they would like to allow within the corporate limits and describe the area within the
City that they would allow these types of businesses.
Option 3: Allow for Cannabis Business Dispensaries (with on-site consumption)but regulate the
amount and locations of businesses through zoning and off-street parking requirements. If this
option is selected Council should inform Staff of the maximum amount of cannabis dispensaries
they would like to allow within the corporate limits and describe the area within the City that they
would allow these types of businesses.
Note: If on-site consumption is allowed, this allowance can be issued as a separate endorsement
that would require a separate license, much like that of a tobacco license. A license for an on-site
consumption ordinance would have to be drafted and the state law would allow for additional
significant restrictions on location, security and environment.