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HomeMy WebLinkAboutPacket - 01/19/2009 - City Council city of McHenry 333 South Green Street _ _ y a www.ci.mchenry.il.us McHenry,Illinois 60050-5495 �— Mayor's Office (815) 363-2108 Fax (815) 363-2119 AGENDA REGULAR CITY COUNCIL MEETING Clerk's Office Monday, January 19, 2009, 7:30 PM (815)363-2100 `) Fax(815)363-2128Vill' Administration 1. Call to Order (815)363-2108 l� Fax(815)363-2119 2 Roll Call Public Works Community 3. Pledge of Allegiance Development (815)363-2170 4. Public Hearing for the creation of a Business District consisting solely of the Gary Lang Fax(815)363-2173 Auto Group property at 1 103 S. Route 31, 2) Consideration and approval of an Parks and Recreation ordinance creating a Business District consisting solely of the Gary Lang Auto Group (815)363-2160 property at 1 103 S. Route 31, 3) Consideration and approval of a Business District Fax(815)363-3186 Plan for the Gary Lang Business District, and 4) Consideration and approval of a Police Non-Emergency Business District Development Agreement with Gary Lang (815)363-2200 Fax(815)363-2149 5. Public Input Session, 10 Minute Limitation 6. Consent Agenda: Mayor A. MACC Year 2009 Fiesta Days schedule, special event liquor license, and Susan E.Low waiver of associated fees; City Clerk B. MACC request for temporary advertising signs for Fiesta Days; Janice C.Jones C. January 12, 2009 Committee of the Whole meeting minutes; and D. List of Bills. Treasurer David M.Welter 7. Temporary use and sign variance - Firestone Complete AutoCare, 3624 Diamond Drive Aldermen g. Ordinance providing for the renaming of 533 North Draper Road WARD 1 Victor A. Santi 9• Committee Recommendation: City of McHenry Economic Development Plan WARD 2 10. Statement and Reports Andrew A.Glab WARD 3 1 1 . Committee Reports Jeffrey A. Schaefer 12. Staff Reports WARD 4 Steven C.Murgatroyd 13. Future Agenda Items WARD 5 Richard W.Wimmer 14. Executive Session: Property Acquisition WARD 6 15. Adjournment Robert J.Peterson Posted: January 14, 2009 WARD 7 Geri A.Condon REGULAR MEETING JANUARY 5, 2009 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, January 5, 2009 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, and Condon. Absent: None. City Staff in attendance were: Deputy City Administrator Martin, City Clerk Jones, City Attorney McArdle, Assistant City Administrator Hobson, Director of Finance Black, Director of Public Works Schmitt, Superintendent of Forestry and Park Planning Schmidt, City Engineer Wegener. PUBLIC INPUT SESSION: 10 MINUTE LIMITATION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA At the request of Alderman Glab, Consent Agenda Item A, Resolution authorizing an increase in water and sewer usage fees, was removed from the Consent Agenda for further discussion. Motion by Wimmer, seconded by Murgatroyd, to approve the Consent Agenda as amended: B. Payment to Maneval Construction Company for construction of Ace Hardware/Post Office Cross-Access in the amount of $51,520.81; and future payment upon satisfactory completion of project landscaping in the amount of $5,724.52; C. Payment to L.C. United Company for painting Water Tower No. 2 in the amount of $195,950; future payment of $3,000 upon satisfactory completion of project landscaping in the amount of $3,000; and change order no. 1 adding $17,950 to original contract amount; D. Easement agreements for Lots 159 and 162 in Oaks at Irish Prairie Subdivision. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM A: RESOLUTION AUTHORIZING AN INCREASE IN WATER AND SEWER USAGE FEES Alderman Glab expressed concerns regarding raising water and sewer usage rates, particularly in light of current trying economic times. Alderman Condon inquired if the proposed increase was the typical annual increase. Director of Finance Black responded the fee increase was discussed by the Finance and Personnel Committee. All possible cost-saving measures have been taken. The only alternative at this time to ensure moving toward a self-sustaining Water and Sewer Fund is to increase rates until the system pays for itself. Alderman Condon noted even with the increase McHenry would still have one of the lowest water and sewer usage rates in the surrounding municipalities. Director Black responded that is correct. Alderman Glab opined a 7% increase is excessive. He stated there must be January 5,2009 Page 2 something that could be done to slow down the rate of increase of water and sewer usage fees. The proposed increase would create a hardship on many homeowners. Alderman Schaefer inquired about consumption averages and cost per user. Director Black responded the average consumption is approximately 13,000 gallons per two-month billing cycle. The increase on such consumption for an average user would be about $2.34 per month, $4.68 per billing cycle. Alderman Murgatroyd concurred with Alderman Glab's concerns. However, he stressed the Water Sewer Fund is meant to stand alone. The Finance and Personnel Committee has looked at the Fund carefully, particularly during the 2008-2009 budget process. The rates have to go up at some point. The Committee judged it was best to raise the rates gradually, spread it out over time, rather than a one-time significant increase. The proposed 7% increase is a part of the gradual process to increase the rates to ensure that the Fund can support itself. Motion by Condon, seconded by Murgatroyd, to pass a resolution authorizing a 7% increase in water and sewer usage fees, effective February 15, 2009. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. SIGN VARIANCE — KATHRYN'S BRIDAL AND DRESS SHOP, 3807 WEST ELM STREET Mayor Low announced Agenda Item No. 6, Sign Variance for Kathryn's Bridal and Dress Shop, located at 3807 West Elm Street, has been removed from consideration at this evening's meeting at the applicant's request. AMENDMENT TO EXISTING CONDITIONAL USE PERMIT— MCHENRY HIGH SCHOOL DISTRICT 156, 4724 WEST CRYSTAL LAKE ROAD Deputy City Administrator Martin stated McHenry High School District 156 is seeking an amendment to its existing conditional use permit for the property located at 4724 West Crystal Lake Road. The original conditional use permit was granted in 1995 and allowed a second principal building (District Administrative Offices) and accessory structure (maintenance garage) on the premises. Deputy City Administrator Martin noted the District is seeking an amendment to allow a second accessory structure on the site. The District received a monetary grant to allow District students to construct a 120 square foot solar-powered concession stand. The stand has been constructed and is located immediately south of the high school building on the site. Deputy City Administrator Martin stated Staff has reviewed the request and supports the proposed amendment to the existing conditional use permit. If Council concurs, an ordinance granting the request has been prepared for Council consideration. Alderman Glab opined it is a shame the building has already been constructed prior January 5,2009 Page 3 to obtaining the expansion of the conditional use permit. However, he has no concerns regarding the placement of the structure. Alderman Condon stated it was a good project for the high school students. Alderman Condon concurred with Alderman Glab's concerns regarding the structure being built prior to securing an expansion of the District's conditional use permit. Motion by Glab, seconded by Condon, to accept Staffs recommendation, to pass an ordinance granting an amendment to the existing conditional use permit for McHenry High School District 156 allowing a second accessory structure on the District's property located at 4724 West Crystal Lake Road. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMITTEE RECOMMENDATION: AMENDMENTS TO HISTORIC PRESERVATION ORDINANCE Mayor Low noted several members of the City's Landmark Commission were in attendance. Deputy City Administrator Martin stated the Community Development Committee has recently reviewed the City's Historic Preservation Ordinance and recommended amendments to allow the ordinance to reflect actual City procedures regarding historic preservation. The City's Landmark Commission has also reviewed potential amendments to the ordinance. Deputy City Administrator Martin noted the majority of the modifications are small text edits and deletion of items that typically do not fall under the scope of Landmark Commission duties. Other changes relate to the process of historic district designation and the procedure necessary to obtain a certificate of appropriateness. Deputy City Administrator Martin stated if Council concurs with the suggested amendments, an ordinance has been prepared authorizing the modifications to Municipal Code Chapter 2, Section 2, Article VII, Historic Preservation Ordinance. Alderman Peterson questioned the removal of Paragraph S on page 8 of the proposed ordinance, relating to the periodic monitoring of designated landmarks and preservation districts for demolition by neglect. He inquired if monitoring of these structures would no longer be required. Deputy City Administrator Martin responded this matter has never been actively pursued. It was therefore determined that it should be eliminated from the text. Alderman Condon stated she wished to publicly acknowledge the extensive contributions toward the proposed amendments by Landmark Commissioners. January 5,2009 Page 4 Motion by Santi, seconded by Schaefer, to accept the recommendation of the Community Development Committee to pass an ordinance providing for amendment to Municipal Code Chapter 2, Section 2, Article VII, the Historic Preservation Ordinance as presented. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMITTEE RECOMMENDATION: AMENDMENTS TO TREE PRESERVATION ORDINANCE Deputy City Administrator Martin stated the Community Development Committee considered amendments to the City's Tree Preservation Ordinance as recommended by the City's Superintendent of Forestry and Park Planning. Proposed amendments would clarify the need for tree removal permits, the cost of the permit, tree replacement schedule, remuneration fees, and fines to be assessed when the ordinance is violated. Deputy City Administrator Martin stated it is the recommendation of the Community Development Committee to pass an ordinance providing for the proposed amendments. Alderman Santi noted the proposed amendments to the Tree Preservation Ordinance were thoroughly reviewed by the Community Development Committee. He stated he is comfortable with the proposed amendments. Alderman Glab concurred with Alderman Santi. Alderman Murgatroyd stated he agrees with the amendments to the ordinance, but wonders if this is a good time to initiate the changes which include higher fees, particularly in light of the current state of the economy. Alderman Peterson stated the proposed amendments might not please developers; however, the cost of tree planting is steadily increasing. He opined the proposed amendments result in a good tree preservation ordinance. Motion by Santi, seconded by Condon, to accept the recommendation of the Community Development Committee to pass an ordinance providing for amendments to Municipal Code Chapter 24, the Tree Preservation Ordinance, as presented. Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Murgatroyd. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low wished everyone a Happy New Year and announced the Character Counts! pillar for January is Caring. January 5,2009 Page 5 COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Department Head Reports. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. ADJOURNMENT Motion by Wimmer, seconded by Schaefer, to adjourn the meeting at 7:52 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 7:52 p.m. MAYOR CITY CLERK PUBLIC HEARING TO: Mayor and City Council FROM: Doug Maxeiner,City Administrator I'le'r FOR: January 19,2009 Regular City Council Meeting RE: 1)Public Hearing for the Creation of a Business District Consisting Solely of the Gary Lang Auto Group Property at 1103 S.Route 31,2) Consideration and Approval of an Ordinance Creating a Business District Consisting Solely of the Gary Lang Auto Group Property at 1103 S.Route 31,3) Consideration and Approval of an Ordinance Approving the Gary Lang Business District Plan, and 4) Consideration and Approval of an Ordinance Approving the Gary Lang Business District Development Agreement. Background. Gary Lang has been negotiating with the city for several years on an incentive agreement whereby the city would provide assistance and incentives to expand his dealership at its existing location within the city of McHenry. In turn, the expanded operations of the Gary Lang Auto Group would create more jobs and generate more property and sales taxes for governmental entities. The City Attorney has determined that the only way to enable this assistance is to create a"Business District" (defined in 65 ILCS 5111 —74.3) consisting solely of the Gary Lang Auto Group property at 1103 S. Rt. 31 and have both parties enter into an agreement specifying the parameters and conditions on the incentives. Analysis. The legal process for creating a business district requires a public hearing to discuss the Business District Plan and the purpose for creating the Business District. After holding the public hearing, the City Council can create the Business District and approve the Business District Plan by ordinance. The Business District Development Agreement between the city and Gary Lang, on which the Business District Plan is based, can also be considered and approved at that time. The following ordinances are attached: 1) Ordinance Approving the Creation of the Gary Lang Business District; 2) Ordinance Approving the Gary Lang Business District Plan; and, 3) Ordinance Approving the Gary Lang Business District Development Agreement. Staff supports the creation of the Business District as well as the approval of the Business District Development Agreement as part of our economic development and retention efforts. Gary Lang Auto Group is a significant generator of local taxes and jobs and it is in the best interests of the community to keep Gary Lang within the city. The Business District Development Agreement encourages Gary Lang to expand his operation and generate additional jobs and tax revenue and provides a significant incentive for him to remain in the city for at least the next twenty years. Recommendation. Staff requests that the Mayor conduct the Public Hearing for the creation of the Gary Lang Auto Group Business District. Upon closing the public hearing, staff recommends approval of 1) the ordinance creating the Gary Lang Auto Group Business District; 2) the ordinance approving the Gary Lang Business District Plan; and, 3) the ordinance approving the Business District Development Agreement with Gary Lang. ORDINANCE NO. ORD-09- AN ORDINANCE APPROVING THE CREATION OF THE GARY LANG BUSINESS DISTRICT IN THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS WHEREAS, a petition has been filed by Gary Lang Auto Group requesting approval of the creation of the Gary Lang Business District; and WHEREAS, the McHenry City Council at its December 15, 2009 regularly scheduled meeting, passed Resolution No R-08-023 stating the City's intent to establish the Gary Lang Business District, and established the date for a Public Hearing to consider this matter; and WHEREAS, notice was published in the Northwest Herald Newspaper on January 7, 2009 advising the public of the Public Hearing scheduled for January 19, 2009 at 7:30 p.m. in the City of McHenry Municipal Center Council Chambers, at which time and place all persons would be given the opportunity to provide testimony regarding this matter; and WHEREAS, the City Council has considered the evidence and recommendations presented at said Public Hearing and finds that the approval of the requested creation of the Gary Lang Business District is consistent with the objectives of the City of McHenry 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 Gary Lang Business District located at 1103 South Route 31 and described on Exhibit A"Legal Description of the Subject Property"attached is hereby created. SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry,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 and APPROVED THIS DAY OF ,2009. AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: MAYOR ATTEST: CITY CLERK Exhibit A Legal Description of the SUBJECT PROPERTY Lot 1 and that part of Lot 2 of McHenry Corporate Center Unit 4 according to the plat thereof recorded January 30, 1996 as Document No 96R005000 lying easterly of the easterly line of Lot 2 of McHenry Corporate Center Unit 7 according to the plat thereof recorded May 26, 1999 as Document No 1999R0039000, ALSO Lots 3 and 4 of said McHenry Corporate Center Unit 7 of Section 10, Township 44 North,Range 8 East of the Third Principal Meridian in McHenry County, Illinois ORDINANCE NO. ORD-09- AN ORDINANCE APPROVING THE GARY LANG BUSINESS DISTRICT PLAN IN THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS WHEREAS, a petition has been filed by Gary Lang Auto Group requesting approval of the Gary Lang Business District.Plan hereby attached as Exhibit B; and WHEREAS,the McHenry City Council has considered the proposed Gary Lang Business District Plan (PLAN) and finds that the approval of the PLAN is consistent with the objectives of the City of McHenry 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 Gary Lang Business District Plan for the property located at 1103 South Route 31 and described on Exhibit A "Legal Description of the Subject Property" hereby attached is hereby approved. SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry,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 and APPROVED THIS DAY OF ,2009. AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: MAYOR ATTEST: - CITY CLERK Exhibit A Legal Description of the SUBJECT PROPERTY Lot 1 and that part of Lot 2 of McHenry Corporate Center Unit 4 according to the plat thereof recorded January 30, 1996 as Document No 96R005000 lying easterly of the easterly line of Lot 2 of McHenry Corporate Center Unit 7 according to the plat thereof recorded May 26, 1999 as Document No 1999R0039000, ALSO Lots 3 and 4 of said McHenry Corporate Center Unit 7 of Section 10, Township 44 North,Range 8 East of the Third Principal Meridian in McHenry County, Illinois Exhibit B to the Ordinance Approving the Business District Plan Business District Plan - Gary Lang Business District Summary. The City of McHenry, Illinois relies heavily on sales tax revenue to fund a significant portion—between 45 and 50% - of the general operations of the city organization. Currently, the city receives approximately$7 million in sales tax revenue annually. As such, the economic development efforts of the city have primarily focused on attracting, retaining, expanding and improving retail developments. The goal of these efforts has been to preserve the property tax base, promote the expansion of sales tax generating commercial development, and attract and retain jobs within the community. New car dealers in McHenry have historically been large producers of sales tax revenue for local and state governments. Consequently, it makes financial sense for municipalities to protect the large sales tax generators it currently has while trying to expand these businesses or attract new businesses to the area. Within the last decade, competition among municipalities for new car dealers in western Lake County and McHenry County has increased. It is not uncommon for one village or municipality to provide incentives to attract new automobile dealers at the expense of other entities. Rebate agreements (sales tax rebate agreements)have been the predominant form of incentive used in these efforts at attraction and retention. The Gary Lang Auto Group has been a successful corporate citizen of the city of McHenry for more than 20 years. The business has grown to sell products by a number of different auto manufacturers including Chevrolet, Pontiac, Buick, GMC, Cadillac, and Subaru. Due to the success of the Gary Lang Auto Group, it has become an attractive target on which other municipalities have focused their economic development efforts in an attempt to get the dealership to relocate. In an effort to re-establish the mutual long term commitment between the Gary Lang Auto Group and the city of McHenry, an incentive agreement has been negotiated between the two parties to provide a graduated level of sales tax rebates back to Gary Lang in exchange for the physical expansion of the Gary Lang Auto Group to not only provide additional showroom and display lot room but also to add new product lines. The incentive agreement, attached as Appendix A of this Business District Plan,provides a sales tax rebate to be used for the hard (land, construction, etc.) and soft costs (engineering, architectural, etc) of one or more expansion projects and is limited to the total cost of the improvement. The annual rebate is based on the sales level as enumerated in Section 8 of the Business District Development Agreement attached to this plan as Appendix A. With regard to the Business District Plan, the rebate is the only city action included in the Business District Plan. There are no additional taxes being enacted, no funds are being borrowed, and eminent domain is not being 1 exercised. The sole purpose for creating the Business District is to provide for the incentive agreement(sales tax rebate) for the costs of the expansion of the business. Enabling Legislation. As a non-home rule community, the city of McHenry must have explicit authority from the state to provide a financial incentive(sales tax rebate) for the development or redevelopment of property for the expansion of an automobile dealership. The statute providing the authority for the city of McHenry to create a Business District(65 ILCS 5/11-74.3)provides the explicit authority necessary to create the Business District and enter into a Business District Development Agreement with Gary Lang for the expansion of the dealership. In general terms, the above referenced statute enumerates certain powers available to municipalities through the creation of business districts. These powers include the following: • The power to approve of all development and redevelopment proposals for a business district; • The use of eminent domain to acquire real estate; • To borrow funds as necessary for business district development and redevelopment; • To enter into contracts for the purposes of carrying out a business district development or redevelopment plan; • To expend public funds for the implementation of business district plans; • To impose a retailers' occupation tax and a service occupation tax within the business district to fund the implementation of the business district plan; and, • To issue obligations (bonds) to provide for the payment of business district costs. For the Gary Lang Business District, the city will be entering into a Business District Development Agreement to provide a financial incentive for the physical expansion of the Gary Lang Auto Group and to expend public funds for the implementation of the Business District Plan. No borrowing of funds is anticipated or included in the Business Plan nor is the imposition of a retailer's occupation tax or service occupation tax included. The entire scope of financial incentive is limited to that specifically addressed in the Business District Development Agreement with Gary Lang included as Appendix A to this Business District Plan. Requirements and Procedures for the Creation of the Gary Lang Business District. The enabling legislation for the creation of business districts is definitive in the requirements that must be met for the creation of a business district with the intention of imposing an additional retailers' occupation tax, service occupation tax, or a hotel operators' occupation tax. The legislation is less clear on the requirements for business districts that will not be assessing these additional taxes such as the Gary Lang Business District. One item that is clearly required prior to approval of the Gary Lang Business District is that the corporate authorities of the city shall find that the Business District Plan conforms to the Comprehensive Plan for the city of McHenry. The McHenry City Council declared such a finding in the Resolution of Intent approved at the December 15, 2008 regular City Council meeting. The resolution is attached as Attachment 1. In addition, 65 ILCS 5/11-74.3 requires the city to create a specific Business District Plan and to approve the plan following a public hearing. The Gary Lang Business District can also be 2 created following the public hearing. A public hearing is scheduled for January 19, 2009. Notice for the public hearing was published on January 7, 2009. The creation of the Gary Lang Business District by ordinance is scheduled for consideration and approval by the corporate authorities following the close of the public hearing. Likewise, the consideration and approval of the Gary Lang Business District Plan will be considered and approved upon close of the public hearing. 65 ILCS 5/11-74.3 also enumerates a number of procedures and requirements that must be met if the corporate authorities of the city desire to impose a tax by ordinance for an additional retailers' occupation tax, a service occupation tax, or a hotel operators' occupation tax in the business district. Since the city of McHenry does not intend to implement any of these taxes, adherence to the supplemental designation procedures is not required. Location of the Business District. The Gary Lang Business District is delineated generally by the aerial map included as Attachment 2 to this document. Attachment 3 provides the legal description for the property included within the Business District. The common address for the property in question is 1103 S. Route 31, McHenry, IL 60050. All property located with the Gary Lang Business District is owned, operated or otherwise controlled by Gary Lang. Name of the Business District. The name of the proposed business district shall be the Gary Lang Business District. General Description of Each Project. Gary Lang Auto Group will be expanding the current car dealership to include additional showroom area, additional display lots, and additional service facilities. Specific improvements covered by this Gary Lang Business District Plan are addressed in the Business District Development Agreement included with this plan as Appendix A. Estimated Project Costs. The total costs for the expansion of the dealership, including land, construction labor and materials, engineering and architectural services, franchise fees, permits, licenses, and fees, are not expected to exceed $15 million dollars. The maximum, cumulative sales tax rebate provided by the city to Gary Lang cannot exceed the total amount spent on the expansion project or projects as addressed in the Business District Development Agreement included with this plan as Appendix A. Actual expenses for the expansion will be provided by Gary Lang. Source of Funds to Pay Project Costs. Sales taxes generated by the Gary Lang Auto Group will be used to fund up to 100% of the dealership expansion costs over a 20 year period. The sales tax rebate, addressed specifically in Section 8 of the Business District Development Agreement (Appendix A to this document), is structured as follows: A. The city shall retain the city's share of the sales tax revenue generated within the Business District Property and received by the city up to and including the first $450,000 annually; 3 B. The city shall rebate to Gary Lang 100% of the city's share of sales tax revenue generated within the Business District Property and received by the city between $450,000 and $750,000 annually; C. The city shall rebate to Lang 60% of the city's share of sales tax revenue generated within the Business District Property and received by the city in excess of $750,000 annually; D. The total amount rebated by the city to Lang shall not exceed 55% of the total annual sales tax revenue generated with the Business District Property and received by the city. Financial Obligations Issued for the Project. No funds will be borrowed nor shall any bonds be issued by the city for this project. The sole financial obligation shall be the commitment to provide a sales tax rebate to Gary Lang for the reimbursement of the franchise expansion costs. Rate of tax to be implemented. No additional retailer's occupation tax, service occupation tax, or hotel operator's occupation tax will be imposed as part of the Business District Plan for the Gary Lang Business District. Effective Date of the Business District Plan. The Business District Plan shall be effective following approval by the corporate authorities of the city of McHenry and shall expire upon the expiration of the Business District Development Agreement attached to this document as Appendix A. Further Information. Questions regarding the Business District Plan for the Gary Lang Business District can be addressed to the City Administrator, City of McHenry, 333 S. Green Street, McHenry, IL 60050. 4 Appendix A BUSINESS DISTRICT DEVELOPMENT AGREEMENT THIS BUSINESS DISTRICT DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into as of this day of , 2009, by and between the CITY OF MCHENRY, McHenry County, Illinois, an Illinois municipal corporation, duly organized and existing under the laws of the State of Illinois ("City"), and Gary Lang ("Lang"). WITNES SETH: WHEREAS, Lang owns the Business District Property defined below and corporations controlled by Lang have operated a motor vehicle dealership on a portion of the Business District Property for more than twenty (20) years in the City; and WHEREAS, Lang recently purchased additional contiguous vacant real estate that is to be included in the Business District Property to provide a site upon which he desires to make significant improvements and construct additional facilities from which additional brands of motor vehicles and associated products will be sold and serviced; and WHEREAS, Lang's corporations are subject to State of Illinois retailers' occupation taxes and use taxes that are received by the City from the State, currently at the rate of 1%, on retail sales and service of new and used motor vehicles and sales of parts, accessories and other equipment; and, WHEREAS, the City has enjoyed the receipt of retailers' occupation tax and use tax receipts generated by Lang's corporations; and WHEREAS, the City has determined that it is essential to the economic and social welfare of the City that business districts be maintained and revitalized by assuring opportunities for retention of businesses generating taxes that contribute to development and redevelopment and attracting sound and stable commercial growth within the corporate limits of the City; and WHEREAS, the City has determined that it is in the City's best interest to retain Lang and the operations of his corporations in the City for the foreseeable future; and WHEREAS, the City has made the findings required by law as set forth in 65 ILCS 5/8-11-20; and WHEREAS, in accordance with the provisions of 65 ILCS 5/11-74.3-1 et.seq. the City has designated, after public hearings, the area legally described on Exhibit "A" attached hereto, which is owned by Lang and is located within the corporate limits of the City as a business district (herein the "Business District Property"); and WHEREAS, the City desires to have Lang expand and continue to operate motor vehicle dealerships, together with sales and service facilities, on the Business District Property and finds that Lang's proposed development and new facilities will enhance the tax base of the City and generate increased retailers' occupation, use and real estate taxes to the benefit of the City and other governmental entities; and WHEREAS, it is anticipated that Lang's proposed development of his motor vehicle dealership businesses and associated uses will generate increased employment opportunities; and WHEREAS, expansion of Lang's motor vehicle dealership and associated uses, including off-site improvements, if any, would not be feasible for Lang without the City's economic assistance; and WHEREAS, the City has agreed to pay for a portion of the acquisition and on- site and off-site development costs for the additional brands of motor vehicles and associated uses and the costs of construction of new facilities for such motor vehicle dealerships and expansion of existing facilities through the use of a rebate of a portion of the Sales Tax Revenue generated by Lang's dealership corporations within the Business District Property in order to make it economically feasible for Lang to incur the capital costs to expand his existing motor vehicle dealership and associated uses thereon, and construct new facilities on such recently acquired real estate for additional lines of motor vehicles sales and service. The term "Sales Tax Revenue" as used herein, shall mean that portion or component of the taxes imposed and collected by the State of Illinois pursuant to the Retailers' Occupation Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Use Tax Act (including without limitation any vehicle lease tax that is substituted for a portion or all the foregoing); generated by Lang's corporation(s), on all or any portion of each of such corporation's sales and service operations and associated uses conducted on the Business District Property, that the City actually receives from the- State of Illinois; and WHEREAS, the rebate of a portion of the City's share of Sales Tax Revenue is being provided by the City for Lang in order to provide Lang with an incentive to 1) retain the existing portion of his corporations' dealership operations within the City, 2) expand such dealership operations in the City, 3) construct facilities to operate additional motor vehicle dealership product lines, and 4) to enhance the sites, buildings, products, services and inventory being offered at his dealership(s) in the City; and 2 WHEREAS, the Mayor and City Council have determined that entering into this Agreement is in the best interest of the City. NOW, THEREFORE, in consideration of the foregoing and the covenants hereinafter set forth, it is mutually agreed as follows: 1. Recitals: The recitals set forth hereinabove are hereby incorporated by reference, as if fully set forth herein. 2. Legislative Authority: The City has made the findings of fact required by 65 ILCS 5/8-11-20 and represents that it is duly authorized and empowered within the scope of its authority to enter into and carry out the terms of this Agreement. In accordance with 65 ILCS 5/11-74.3-1 et.seq. that the City has designated, after public hearings, the Business District Property as a business district. In carrying out its business district development plan for the Business District Property, the City has the power under the foregoing statute to expend such public funds as may be necessary. 3. Parties to the Agreement: This Agreement is made by and between Lang and the City as the parties to the Agreement. In the event that Lang or his corporations, or their respective successors or assigns, cease to cause any motor vehicle dealerships to be operated on the Business District Property at any time during the term of this Agreement, the City shall have no further obligations under this Agreement, unless there shall be a permitted assignment (under paragraph 4 hereof). 4. Substitute Business: In the event that Lang desires to transfer his interests under this Agreement to a third party in connection with a sale of the real estate comprising the Business District Property and/or the assets of any or all of his corporations then conducting vehicle dealership sales and service operations on the Business District Property, and the City accepts the third party as a "substitute business" to continue to conduct vehicle dealership operations on the Business District Property, the third party and/or the substitute business, as the case may be, shall thereupon become a signatory and party to this Agreement, and Lang and the City shall each contemporaneously therewith be released from any and all rights,- duties and obligations each may then have with regard to the other under this Agreement. All of the rights, duties and obligations of Lang under this Agreement shall remain in effect unless and until the City accepts a substitute business on the Business District Property. The City agrees that it will not unreasonably delay or withhold approval of a proposed substitute business so long as the reasonably projected annual sales and revenues of the substitute business are anticipated to be equivalent to the most recent annual sales and revenues of Lang's business entities as of the time of the proposed transfer, as determined by agreement of Lang and the City in writing. In the event that, as a result of Lang's transfer or for any other 3 reason (except as provided in Section 21), no motor vehicle dealerships exist within the Business District Property during the term of this Agreement ("Terminating Event"), this Agreement shall immediately terminate and Lang shall be obligated to reimburse the City in an amount equal to one year of Sales Tax Rebates, as defined below. Alternatively, if the Terminating Event occurs after the City has accepted a substitute business, such substitute business shall be obligated to reimburse the City in an amount equal to one year of Sales Tax Rebates, as defined below. Such reimbursement following the Terminating Event shall be computed by taking the largest single year of Sales Tax Rebates paid by the City to Lang (if Lang is the obligated party) or to the substitute business (if it is the obligated party), as the case may be, during the term of this Agreement. 5. Additional Vehicle Dealership(s) In the event that Lang acquires any vehicle dealership(s) that is or are located in the City immediately prior to such acquisition and is or are subject to Retailers' Occupation Tax and Lang relocates such dealership's sales and service business operations to the Business District Property during the term of this Agreement, Lang agrees that an amount equal to the City's share of such taxes generated by such dealership(s) prior to the relocation shall not be included in the computation of Sales Tax Revenue under this Agreement after such relocation but that he shall have the right to a rebate based only upon the amount of additional taxes generated by the operation of such dealership(s) subsequent to the relocation. For purposes of this Section, the City's existing share of Sales Tax Revenue generated by such dealership(s) prior to the relocation will be determined by taking an average of the annual Sales Tax Revenue received by the City that has been generated by the acquired dealership(s) in the three year period prior to the relocation. 6. Responsibilities of Lang — Expansion: Lang agrees to commence (and in any event not later than August 1, 2011) and thereafter diligently pursue to completion (with an occupancy permit being issued not later than August 1, 2012) such construction activities as may be required to expand the motor vehicle dealership facilities and associated uses on the Business District Property. In the event construction of the site work and building is not commenced, as reasonably determined by the City, on or before August 1, 2011, all monies paid by the City under this Agreement shall be returned by Lang to the City upon written demand by the City and the Agreement shall be deemed terminated. 7. Limitation of City Responsibilities: Other than the rebate of the City's share of Sales Tax Revenue to be made pursuant to this Agreement, the City shall have no obligation to incur any expense associated with the new construction, expansion of existing facilities or operation of Lang's corporations' motor vehicle dealerships or their associated uses. 4 8. Sales Tax Rebate: Lang shall be entitled to receive, annually, which shall be computed on a fiscal year basis commencing on the first day of the calendar month following commencement of construction, as reasonably determined by the City, a rebate of the City's share of the Sales Tax Revenue ("the Sales Tax Rebate") generated within the Business District Property as follows: A. The City shall retain the City's share of Sales Tax Revenue generated within the Business District Property and received by the City up to and including the first $450,000 annually; B. The City shall rebate to Lang 100% of the City's share of Sales Tax Revenue generated within the Business District Property and received by the City between $450,000 and $750,000 annually; C. The City shall rebate to Lang 60% of the City's share of Sales Tax Revenue generated within the Business District Property and received by the City in excess of$750,000 annually; D. The total annual amount rebated by the City to Lang shall not exceed 55% of the total annual Sales Tax Revenue generated within the Business District Property and received by the City. E. On or before October 1 of each year of the term of this Agreement the City will advance $100,000 to Lang toward the Sales Tax Rebate for such year which will be reconciled as a credit at the end of each calendar year based on the Sales Tax Revenue generated within the Business District Property and received by the City. F. Under no circumstances shall the total Sales Tax Rebate exceed the acquisition costs of the franchises, the land costs, new construction costs relative to the proposed development and new or expanded facilities contemplated in this Agreement, and related out of pocket expenses ("Qualified Development Costs"), except as otherwise described below. In addition to the proposed development and new facilities and acquisition costs of additional brands of motor vehicles contemplated in this Agreement, Qualified Development Costs shall include costs for other future expansion improvements which actually increase the usable square footage of the existing structures either vertically or horizontally following the City's approval of any such expansion(s). Renovation expenses, which are not incurred for the purpose of expanding the usable square footage of the existing structures, are specifically excluded from consideration as Qualified Development Costs. All Qualified Development Costs must be evidenced by bills, contracts, invoices and lien waivers, or other evidence deemed sufficient by the City. 5 G. The total amount of Qualified Development Costs shall be increased to include the carrying costs of such expenses incurred by Lang. The allowable increase shall be calculated by adjusting the Qualified Development Costs by any increase in the U.S. Bureau of Labor Statistics Consumer Price Index, Chicago Consolidated Metropolitan Statistical Area, All Items, for each year over October 1 of Year 2 of this Agreement through October 1 of Year 19, unless this Agreement is earlier terminated. 9. Term of Agreement: The term of this agreement shall be (i) twenty years commencing on the first day of the calendar month following commencement of construction, as reasonably determined by the City or (ii) until the Qualified Development Costs as adjusted by Section 8.G. have been fully reimbursed by the City through the Sales Tax Rebates, whichever shall first occur, during which period the City will rebate the Sales Tax Rebate to Lang in accordance with Section 8. 10. Successive Agreements: Nothing in this Agreement shall limit the ability of Lang or the City to negotiate extensions or additional, successive agreements approving supplemental rebates to offset additional capital investments in additional brands of motor vehicle franchises, real estate and dealership facilities and equipment made or caused to be made by Lang. 11. Power of Attorney: Lang shall promptly provide the City upon its written request with a durable power of attorney enabling the City to obtain certified reports from the Illinois Department of Revenue, verifying the taxable sales by Lang's dealership corporations for each calendar year. Lang covenants and agrees that during the period he is a party to this Agreement, his dealership corporations will continue to offer automotive service and sales of new and used automobiles and light duty trucks on the Business District Property. 12. Lang Sales Tax Reports: Within thirty days after the end of each Sales Tax Year, Lang shall provide the City with a statement, accompanied by a summary of the Gross Receipts for such year, in a form reasonably acceptable to the City, signed by one of its officers, which shall also set forth the dollar amount of Sales Tax Revenue paid to the State of Illinois for the benefit of the City during such Sales Tax Year. The term "Gross Receipts," as used herein, shall have the same meaning as that which is ascribed to it in the Retailers' Occupation Tax Act. The term "Sales Tax Year," as used herein, shall mean the period of time commencing October 1, 2011 and continuing each succeeding fiscal year thereafter through the termination of this Agreement. Additionally, Lang shall maintain and have available for inspection by the City copies of any and all Retailers' Occupation Tax returns, sales tax reports, amendments, proofs of payment or any other Sales Tax Revenue information filed with the State of Illinois or other appropriate governmental entity, which documents will be made available to the City for purposes of identifying Sales Tax Revenue collected pursuant to this Agreement. 6 13. Department of Revenue Sales Tax Reports: The City shall use its best efforts to obtain such Sales Tax Revenue information directly from the Illinois Department of Revenue or the State of Illinois. 14. Determination of Rebate Amount: The City agrees to initially base each Sales Tax Rebate on the data provided by Lang as to the amount of Sales Tax Revenue paid to the Illinois Department of Revenue. However, any discrepancies between the data provided by Lang and the data provided by the Illinois Department of Revenue shall result in the Sales Tax Rebate being based upon the Illinois Department of Revenue report. An underpayment of the Sales Tax Rebate to Lang by the City shall result in a corrective payment to Lang within 30 days of receipt of the report for the period from the Illinois Department of Revenue. An overpayment of the Sales Tax Rebate by the City to Lang shall result in a corrective payment by Lang to the City within 30 days of notification of the discrepancy. In the event of such an overpayment to Lang that has not been repaid to the City, the City shall have the right to deduct from future Sales Tax Rebates an amount equal to such overpayment. 15. Confidentiality of Financial Information: To the extent permitted by law, the City shall endeavor to maintain the confidentiality of the information contained in any financial reports submitted to the City by Lang, and other information received by the City relating to Sales Tax Revenue, but shall be permitted to disclose such information and documents to employees and consultants as the City (except for any consultant that has a financial interest in any motor vehicle dealership within the Chicago metropolitan area, which consultant shall not be retained) in its sole discretion deems appropriate in order to monitor compliance and audit this Agreement. Lang understands and agrees that the provisions of this Agreement shall be a matter of public record, as shall any and all payments to Lang pursuant to this Agreement. Lang also agrees, upon the request of the City, to furnish such consent, powers of attorney, or waivers as may be required by the Illinois Department of Revenue to allow the Illinois Department of Revenue to furnish to the City Sales Tax Revenue information concerning Lang's dealership corporation(s). 16. Mutual Assistance: The City and Lang agree to do all things necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms hereof. 17. Provisions Concerning Receipt by City: The receipt of Sales Tax Revenue, either directly or indirectly, by the City from taxes paid by Lang's dealership corporations or by a substitute business accepted by the City to the State of Illinois, as provided earlier in this Agreement, shall be a condition precedent to any obligation of the City to pay any monies to Lang. 7 18. Governing Law and Notices: This Agreement shall be governed by the laws of the County of McHenry, the State of Illinois, and the sole and exclusive venue for any disputes arising out of this Agreement shall be the Twenty Second Judicial Circuit, McHenry County, Illinois. Any notices required in this Agreement shall be effective when in writing and three days after mailing by certified mail, return receipt requested, or by delivering the same in person to any officers of such party or by prepaid telegram or private overnight courier, when appropriate, addressed to the party to be notified. All notices to the City shall be sent to: City Administrator City of McHenry 333 South Green Street McHenry, Illinois 60050 With copies to: City Attorney David McArdle Zukowski, Rogers, Flood & McArdle 50 Virginia Road Crystal Lake, Illinois 60014 All notices to Lang shall be sent to: Gary Lang 1103 S. Route 31 McHenry, Illinois 60050 Or to such other address as a party may designate for himself or itself by notice given from time to time to the other parties in the manner provided herein. 19. Time is of the Essence: Time is of the essence of this Agreement. The parties shall make every reasonable effort to expedite the subject matters hereof, and they hereby acknowledge that the successful performance of this Agreement requires their continued cooperation. 20. Remedies: In the event of a material breach of any of the terms and conditions of this Agreement after reasonable prior notice which is or are not thereafter promptly cured, the non-breaching party shall have the right to terminate this Agreement. In addition the non-breaching party shall have the right, by any action or proceeding at law or in equity, to secure the specific performance of the covenants and agreements herein contained, may be awarded damages for failure of performance or both and the prevailing party shall receive its costs and expenses, 8 including but not limited to its reasonable attorney's fees. The foregoing rights and remedies shall be cumulative and not exclusive. 21. Casualty; Extension of Term: If operation of any or all of the motor vehicle dealership operations on the Business District Property shall be interrupted or if dealership operations shall cease due to casualty or force majeure prior to termination of this Agreement then, in each such case, provided the conditions hereinafter set forth in this paragraph 21 have been satisfied, the term of this Agreement shall be automatically extended for a period equal to the period commencing on the date of said casualty, or the date said force majeure commences (as applicable), through the date of final completion of the reconstruction of the damaged or destroyed facilities, or the date of cessation of said force majeure (if applicable), and the payment obligations of the City hereunder shall, with respect to the Sales Tax Revenue generated by the dealership corporation during said extended term, continue for the duration of said period. Provided Lang or his motor vehicle dealerships, as the case may be, is not in default hereunder, the City shall continue to make any and all Sales Tax Rebates during any period of reconstruction or force majeure referred to hereinabove to which Lang would otherwise be entitled hereunder for said period. Performance by any party hereunder shall not be deemed to be in default where delay or defaults are due to war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, respective governmental laws and regulations, epidemics, quarantine, restrictions, freight embargos or lack of transportation. An extension of time for any such cause shall be for the period of the delay, which period shall commence to run from the time of the commencement of the cause, provided that written notice by the party claiming such extension is sent to the other party not more than thirty (30) days after the commencement of the cause or more than thirty (30) days after the party claiming such extension could have first reasonably recognized the commencement of the cause whichever is later. 22. Change in the Law. A. The City and Lang acknowledge and agree that the City's obligation to pay the Sales Tax Rebate in this Agreement is predicated on existing Illinois law, including, without limitation, the Retailers' Occupation Tax Act, the Service Use Tax Act, the Service Occupation Tax Act and the Use Tax Act (including without limitation any vehicle lease tax that is substituted for a portion or all of the foregoing). The parties further acknowledge that the General Assembly of the State of Illinois has, from time to time, considered proposals to modify or eliminate the distribution of Sales Tax Revenue to Illinois municipalities. The parties desire in paragraph B of this Section to make express provision for the effect of any such change upon the operation of this Agreement. 9 B. In the event that the State of Illinois amends or repeals the Retailers' Occupation Tax Act and/or any of the other taxes that affect Sales Tax Revenue or makes any other promulgation, enactment or change in law ("Change in Law") that limits, eliminates or renders unlawful the distribution of Sales Tax Revenue to the City, or otherwise alters the distribution formula in a manner that prevents the parties from determining with a reasonable degree of certainty the precise amount of the Sales Tax Revenue that the City actually receives from the State of Illinois, the provisions of this Agreement with regard to Sales Tax Revenue generated from Lang's motor vehicle dealerships' operations on or after the effective date of the Change in Law shall be modified. If the Change in Law results in replacement taxes for the Sales Tax Revenue, directly or indirectly resulting from the gross receipts of Lang's motor vehicle dealerships' operations as contemplated hereunder, then, for purposes of this Agreement, such replacement taxes shall be defined as Sales Tax Revenue, subject in all respects to the City's authority under state law to provide for economic incentives based upon such replacement taxes, as contemplated herein. 23. Entire Agreement: The instrument contains the entire Agreement between the parties with respect to the transaction contemplated in this Agreement. 24. Severability and Indemnification: In the event any person or entity challenges the validity of any recital, provision or covenant of this Agreement, the City agrees to defend this Agreement, not take a position adverse to enforcement of the same or enter into any settlement of any such action without the written consent of Lang, provided Lang is not in breach of this Agreement. If any provision of this Agreement is held invalid by a court of competent jurisdiction, after exhaustion of all appeals or periods for such, or in the event such a court shall determine that the City does not have the power to perform any such provision, after exhaustion of all appeals or periods for such, such provision shall be deemed to be excised herefrom, and, unless the final unappealable order of the court so determines, the invalidity thereof shall not affect any of the other provisions contained herein, to the extent found equitable by a court, and such judgment or decree shall relieve the City from performance of only the provision(s) of this Agreement so determined to be invalid; provided, however, if the judgment or decree releases the City of its monetary obligations under Section 8 of this Agreement, then this Agreement shall terminate. In the event any lawsuit is filed against the City relating in any way to this Agreement, Lang shall indemnify and hold the City harmless for any and all costs, attorneys' fees, expert fees, etc. incurred by the City in defending such lawsuit. 25. Amendment: This Agreement may not be amended, altered, or revoked at any time, in whole or in part, unless such changes are agreed to in writing and signed by all of the parties to this Agreement. 10 26. Binding On: This Agreement shall be binding on the parties, and their respective successors, assigns, heirs, and legal representatives. 27. Section and Other Headings: Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 28. Authorization to Execute: Lang warrants that he has full power and authority to execute this Agreement. The Mayor and City clerk hereby warrant that they have been lawfully authorized by the City Council of the City of McHenry to execute this Agreement. Lang and the City shall deliver, upon request, to each other at the respective times each affix their signatures hereto, copies of all resolutions, ordinances or other documents required to legally evidence the authority to so execute this Agreement on behalf of the respective parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. The City of McHenry Mayor ATTEST: City Clerk Gary Lang Z:\M\McHenryCityof\LangGary\Agreement.Lang.Final2.doc 11 Attachment 1 - Gary Lang Business District Plan Resolution R-08-022 Resolution of Intent to Establish a Business District for the Purpose of Development and Redevelopment of the Gary Lang Auto Group Property . WHEREAS, it is essential to the economic and social welfare of the city of McHenry that the retail districts be encouraged, developed, maintained, and revitalized by assuring opportunities for development or redevelopment and attracting sound and stable commercial growth; and WHEREAS, Illinois State Statutes provide the authority for municipalities to create Business Districts for the purposes of Development and Redevelopment efforts; and WHEREAS, creation of a Business District requires approval of a Business District Plan and a Public Hearing on the matter; and WHEREAS, creating a Business District as defined by Illinois State Statutes authorizes municipalities to expend public funds as may be necessary for the planning, execution and implementation of Business District plans; and WHEREAS, the city of McHenry has passed and approved a Comprehensive Plan and Land Use Map as required by Illinois State Statutes; and, WHEREAS, it has been determined the Gary Lang Auto Group Property described on Exhibit A herein attached and made a part hereof is in need of development in accordance with the City's approved Comprehensive Plan; and WHEREAS, the McHenry City Council supports the establishment of a Business District and the provision of development incentives through the Business District as specified in the Business District Plan in the form of a sales tax rebate for a portion of the sales tax generated from the operation of a new automobile dealership within said Business District as specified in Exhibit B attached hereto and made a part hereof; and WHEREAS, the creation of the Business District and Business District Plan is dedicated to the promotion of the public interest of the residents of the city of McHenry and to the enhancement of the tax base within the Business District and the use of the Business District and Business District Plan is hereby declared to be a public use essential to the public interest. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of McHenry, McHenry County, Illinois, as follows: 1. That it is the city of McHenry's intent to establish a Business District for the purpose stated herein; 2. That it is the city of McHenry's intent to approve a Business District Plan for the purpose stated herein; 3. That a public hearing for the creation of the Business District and approval of the Business District Plan will be held on January 19, 2009; 4. That notice shall be published in the Northwest Herald between January 5, 2009 and January 12, 2009 notifying the general public of the Public Hearing; and, 5. That a copy of the Business District Plan will be available at the Office of the City Clerk in the McHenry Municipal Center. Passed and approved this 15fl`day of December, 2008. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon Voting Nay: None Not Voting: None Abstaining: None Absent: None APPROVE- ATTEST: Mayo Cit Cle k 1 , i aye N . � o i'Vi[Dayton�St aar.we'w. -w , .R �008 Tele Atlas Pointer 4211K 0'!8`i" N 88`18'48.23",W eley' 820 ft Streaming �;}�i l}!} 100:i EyH ait 3533 ft Attachment 3 —Gary Lang Business District Plan Legal Description of the SUBJECT PROPERTY Lot 1 and that part of Lot 2 of McHenry Corporate Center Unit 4 according to the plat thereof recorded January 30, 1996 as Document No 96R005000 lying easterly of the easterly line of Lot 2 of McHenry Corporate Center Unit 7 according to the plat thereof recorded May 26, 1999 as Document No 1999R0039000, ALSO Lots 3 and 4 of said McHenry Corporate Center Unit 7 of Section 10, Township 44 North,Range 8 East of the Third Principal Meridian in McHenry County, Illinois ORDINANCE NO.ORD-09- AN ORDINANCE APPROVING THE GARY LANG BUSINESS DISTRICT DEVELOPMENT AGREEMENT IN THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS WHEREAS, the McHenry City Council has created the Gary Lang Business District and approved the Gary Lang Business District Plan for the property located at 1103 South Route 31, described on Exhibit A hereby attached; and WHEREAS, the City of McHenry desires to entire into a development agreement with Gary Lang Auto Group for the redevelopment of the Gary Lang Business District as outlined on the Gary Lang Business District Plan; and WHEREAS, the City believes that the approval of a development agreement for the subject property is consistent with the objectives of the City of McHenry 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 l: That Council hereby authorizes the Mayor and City Clerk's execution of the Business District Development Agreement with Gary Lang as attached on Exhibit B labeled "Business District Development Agreement". SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry,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 and APPROVED THIS DAY OF , 2009. AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: MAYOR ATTEST: CITY CLERK Exhibit A Legal Description of the SUBJECT PROPERTY Lot 1 and that part of Lot 2 of McHenry Corporate Center Unit 4 according to the plat thereof recorded January 30, 1996 as Document No 96R005000 lying easterly of the easterly line of Lot 2 of McHenry Corporate Center Unit 7 according to the plat thereof recorded May 26, 1999 as Document No 1999R0039000, ALSO Lots 3 and 4 of said McHenry Corporate Center Unit 7 of Section 10, Township 44 North,Range 8 East of the Third Principal Meridian in McHenry County, Illinois Exhibit B BUSINESS DISTRICT DEVELOPMENT AGREEMENT THIS BUSINESS DISTRICT DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into as of this day of , 2009, by and between the CITY OF MCHENRY, McHenry County, Illinois, an Illinois municipal corporation, duly organized and existing under the laws of the State of Illinois ("City"), and Gary Lang ("Lang"). WITNESSETH: WHEREAS, Lang owns the Business District Property defined below and corporations controlled by Lang have operated a motor vehicle dealership on a portion of the Business District Property for more than twenty (20) years in the City; and WHEREAS, Lang recently purchased additional contiguous vacant real estate that is to be included in the Business District Property to provide a site upon which he desires to make significant improvements and construct additional facilities from which additional brands of motor vehicles and associated products will be sold and serviced; and WHEREAS, Lang's corporations are subject to State of Illinois retailers' occupation taxes and use taxes that are received by the City from the State, currently at the rate of 1%, on retail sales and service of new and used motor vehicles and sales of parts, accessories and other equipment; and, WHEREAS, the City has enjoyed the receipt of retailers' occupation tax and use tax receipts generated by Lang's corporations; and WHEREAS, the City has determined that it is essential to the economic and social welfare of the City that business districts be maintained and revitalized by assuring opportunities for retention of businesses generating taxes that contribute to development and redevelopment and attracting sound and stable commercial growth within the corporate limits of the City; and WHEREAS, the City has determined that it is in the City's best interest to retain Lang and the operations of his corporations in the City for the foreseeable future; and WHEREAS, the City has made the findings required by law as set forth in 65 ILCS 5/8-11-20; and WHEREAS, in accordance with the provisions of 65 ILCS 5/11-74.3-1 et.seq. the City has designated, after public hearings, the area legally described on Exhibit "A" attached hereto, which is owned by Lang and is located within the corporate limits of the City as a business district (herein the "Business District Property"); and WHEREAS, the City desires to have Lang expand and continue to operate motor vehicle dealerships, together with sales and service facilities, on the Business District Property and finds that Lang's proposed development and new facilities will enhance the tax base of the City and generate increased retailers' occupation, use and real estate taxes to the benefit of the City and other governmental entities; and WHEREAS, it is anticipated that Lang's proposed development of his motor vehicle dealership businesses and associated uses will generate increased employment opportunities; and WHEREAS, expansion of Lang's motor vehicle dealership and associated uses, including off-site improvements, if any, would not be feasible for Lang without the City's economic assistance; and WHEREAS, the City has agreed to pay for a portion of the acquisition and on- site and off-site development costs for the additional brands of motor vehicles and associated uses and the costs of construction of new facilities for such motor vehicle dealerships and expansion of existing facilities through the use of a rebate of a portion of the Sales Tax Revenue generated by Lang's dealership corporations within the Business District Property in order to make it economically feasible for Lang to incur the capital costs to expand his existing motor vehicle dealership and associated uses thereon, and construct new facilities on such recently acquired real estate for additional lines of motor vehicles sales and service. The term "Sales Tax Revenue" as used herein, shall mean that portion or component of the taxes imposed and collected by the State of Illinois pursuant to the Retailers' Occupation Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Use Tax Act (including without limitation any vehicle lease tax that is substituted for a portion or all the foregoing); generated by Lang's corporation(s), on all or any portion of each of such corporation's sales and service operations and associated uses conducted on the Business District Property, that the City actually receives from the State of Illinois; and WHEREAS, the rebate of a portion of the City's share of Sales Tax Revenue is being provided by the City for Lang in order to provide Lang with an incentive to 1) retain the existing portion of his corporations' dealership operations within the City, 2) expand such dealership operations in the City, 3) construct facilities to operate additional motor vehicle dealership product lines, and 4) to enhance the sites, buildings, products, services and inventory being offered at his dealersliip(s) in the City; and 2 WHEREAS, the Mayor and City Council have determined that entering into this Agreement is in the best interest of the City. NOW, THEREFORE, in consideration of the foregoing and the covenants hereinafter set forth, it is mutually agreed as follows: 1. Recitals: The recitals set forth hereinabove are hereby incorporated by reference, as if fully set forth herein. _ 2. Legislative Authority: The City has made the findings of fact required by 65 ILCS 5/8-11-20 and represents that it is duly authorized and empowered within the scope of its authority to enter into and carry out the terms of this Agreement. In accordance with 65 ILCS 5/11-74.3-1 et.seq. that the City has designated, after public hearings, the Business District Property as a business district. In carrying out its business district development plan for the Business District Property, the City has the power under the foregoing statute to expend such public funds as may be necessary. 3. Parties to the Agreement: This Agreement is made by and between Lang and the City as the parties to the Agreement. In the event that Lang or his corporations, or their respective successors or assigns, cease to cause any motor vehicle dealerships to be operated on the Business District Property at any time during the term of this Agreement, the City shall have no further obligations under this Agreement, unless there shall be a permitted assignment (under paragraph 4 hereof). 4. Substitute Business: In the event that Lang desires to transfer his interests under this Agreement to a third party in connection with a sale of the real estate comprising the Business District Property and/or the assets of any or all of his corporations then conducting vehicle dealership sales and service operations on the Business District Property, and the City accepts the third party as a "substitute business" to continue to conduct vehicle dealership operations on the Business District Property, the third party and/or the substitute business, as the case may be, shall thereupon become a signatory and party to this Agreement, and Lang and the City shall each contemporaneously therewith be released from any and all rights, duties and obligations each may then have with regard to the other under this Agreement. All of the rights, duties and obligations of Lang under this Agreement shall remain in effect unless and until the City accepts a substitute business on the Business District Property. The City agrees that it will not unreasonably delay or withhold approval of a proposed substitute business so long as the reasonably projected annual sales and revenues of the substitute business are anticipated to be equivalent to the most recent annual sales and revenues of Lang's business entities as of the time of the proposed transfer, as determined by agreement of Lang and the City in writing. In the event that, as a result of Lang's transfer or for any other 3 reason (except as provided in Section 21), no motor vehicle dealerships exist within the Business District Property during the term of this Agreement ("Terminating Event"), this Agreement shall immediately terminate and Lang shall be obligated to reimburse the City in an amount equal to one year of Sales Tax Rebates, as defined below. Alternatively, if the Terminating Event occurs after the City has accepted a substitute business, such substitute business shall be obligated to reimburse the City in an amount equal to one year of Sales Tax Rebates, as defined below. Such reimbursement following the Terminating Event shall be computed by taking the largest single year of Sales Tax Rebates paid by the City to Lang (if Lang is the obligated party) or to the substitute business (if it is the obligated party), as the case may be, during the term of this Agreement. 5. Additional Vehicle Dealership(s) In the event that Lang acquires any vehicle dealership(s) that is or are located in the City immediately prior to such acquisition and is or are subject to Retailers' Occupation Tax and Lang relocates such dealership's sales and service business operations to the Business District Property during the term of this Agreement, Lang agrees that an amount equal to the City's share of such taxes generated by such dealership(s) prior to the relocation shall not be included in the computation of Sales Tax Revenue under this Agreement after such relocation but that he shall have the right to a rebate based only upon the amount of additional taxes generated by the operation of such dealership(s) subsequent to the relocation. For purposes of this Section, the City's existing share of Sales Tax Revenue generated by such dealership(s) prior to the relocation will be determined by taking an average of the annual Sales Tax Revenue received by the City that has been generated by the acquired dealership(s) in the three year period prior to the relocation. 6. Responsibilities of Lang — Expansion: Lang agrees to commence (and in any event not later than August 1, 2011) and thereafter diligently pursue to completion (with an occupancy permit being issued not later than August 1, 2012) such construction activities as may be required to expand the motor vehicle dealership facilities and associated uses on the Business District Property. In the event construction of the site work and building is not commenced, as reasonably determined by the City, on or before August 1, 2011, all monies paid by the City under this Agreement shall be returned by Lang to the City upon written demand by the City and the Agreement shall be deemed terminated. 7. Limitation of City Responsibilities: Other than the rebate of the City's share of Sales Tax Revenue to be made pursuant to this Agreement, the City shall have no obligation to incur any expense associated with the new construction, expansion of existing facilities or operation of Lang's corporations' motor vehicle dealerships or their associated uses. 4 8. Sales Tax Rebate: Lang shall be entitled to receive, annually, which shall be computed on a fiscal year basis commencing on the first day of the calendar month following commencement of construction, as reasonably determined by the City, a rebate of the City's share of the Sales Tax Revenue ("the Sales Tax Rebate") generated within the Business District Property as follows: A. The City shall retain the City's share of Sales Tax Revenue generated within the Business District Property and received by the City up to and including the first $450,000 annually; B. The City shall rebate to Lang 100% of the City's share of Sales Tax Revenue generated within the Business District Property and received by the City between $450,000 and $750,000 annually; C. The City shall rebate to Lang 60% of the City's share of Sales Tax Revenue generated within the Business District Property and received by the City in excess of$750,000 annually; D. The total annual amount rebated by the City to Lang shall not exceed 55% of the total annual Sales Tax Revenue generated within the Business District Property and received by the City. E. On or before October 1 of each year of the term of this Agreement the City will advance $100,000 to Lang toward the Sales Tax Rebate for such year which will be reconciled as a credit at the end of each calendar year based on the Sales Tax Revenue generated within the Business District Property and received by the City. F. Under no circumstances shall the total Sales Tax Rebate exceed the acquisition costs of the franchises, the land costs, new construction costs relative to the proposed development and new or expanded facilities contemplated in this Agreement, and related out of pocket expenses ("Qualified Development Costs"), except as otherwise described below. In addition to the proposed development and new facilities and acquisition costs of additional brands of motor vehicles contemplated in this Agreement, Qualified Development Costs shall include costs for other future expansion improvements which actually increase the usable square footage of the existing structures either vertically or horizontally following the City's approval of any such expansion(s). Renovation expenses, which are not incurred for the purpose of expanding the usable square footage of the existing structures, are specifically excluded from consideration as Qualified Development Costs. All Qualified Development Costs must be evidenced by bills, contracts, invoices and lien waivers, or other evidence deemed sufficient by the City. 5 G. The total amount of Qualified Development Costs shall be increased to include the carrying costs of such expenses incurred by Lang. The allowable increase shall be calculated by adjusting the Qualified Development Costs by any increase in the U.S. Bureau of Labor Statistics Consumer Price Index, Chicago Consolidated Metropolitan Statistical Area, All Items, for each year over October 1 of Year 2 of this Agreement through October 1 of Year 19, unless this Agreement is earlier terminated. 9. Term of Agreement: The term of this agreement shall be (i) twenty years commencing on the first day of the calendar month following commencement of construction, as reasonably determined by the City or (ii) until the Qualified Development Costs as adjusted by Section 8.G. have been fully reimbursed by the City through the Sales Tax Rebates, whichever shall first occur, during which period the City will rebate the Sales Tax Rebate to Lang in accordance with Section 8. 10. Successive Agreements: Nothing in this Agreement shall limit the ability of Lang or the City to negotiate extensions or additional, successive agreements approving supplemental rebates to offset additional capital investments in additional brands of motor vehicle franchises, real estate and dealership facilities and equipment made or caused to be made by Lang. 11. Power of Attorney: Lang shall promptly provide the City upon its written request with a durable power of attorney enabling the City to obtain certified reports from the Illinois Department of Revenue, verifying the taxable sales by Lang's dealership corporations for each calendar year. Lang covenants and agrees that during the period he is a party to this Agreement, his dealership corporations will continue to offer automotive service and sales of new and used automobiles and light duty trucks on the Business District Property. 12. Lang Sales Tax Reports: Within thirty days after the end of each Sales Tax Year, Lang shall provide the City with a statement, accompanied by a summary of the Gross Receipts for such year, in a form reasonably acceptable to the City, signed by one of its officers, which shall also set forth the dollar amount of Sales Tax Revenue paid to the State of Illinois for the benefit of the City during such Sales Tax Year. The term "Gross Receipts," as used herein, shall have the same meaning as that which is ascribed to it in the Retailers' Occupation Tax Act. The term "Sales Tax Year," as used herein, shall mean the period of time commencing October 1, 2011 and continuing each succeeding fiscal year thereafter through the termination of this Agreement. Additionally, Lang shall maintain and have available for inspection by the City copies of any and all Retailers' Occupation Tax returns, sales tax reports, amendments, proofs of payment or any other Sales Tax Revenue information filed with the State of Illinois or other appropriate governmental entity, which documents will be made available to the City for purposes of identifying Sales Tax Revenue collected pursuant to this Agreement. 6 13. Department of Revenue Sales Tax Reports: The City shall use its best efforts to obtain such Sales Tax Revenue information directly from the Illinois Department of Revenue or the State of Illinois. 14. Determination of Rebate Amount: The City agrees to initially base each Sales Tax Rebate on the data provided by Lang as to the amount of Sales Tax Revenue paid to the Illinois Department of Revenue. However, any discrepancies between the data provided by Lang and the data provided by the Illinois Department of Revenue shall result in the Sales Tax Rebate being based upon the Illinois Department of Revenue report. An underpayment of the Sales Tax Rebate to Lang by the City shall result in a corrective payment to Lang within 30 days of receipt of the report for the period from the Illinois Department of Revenue. An overpayment of the Sales Tax Rebate by the City to Lang shall result in a corrective payment by Lang to the City within 30 days of notification of the discrepancy. In the event of such an overpayment to Lang that has not been repaid to the City, the City shall have the right to deduct from future Sales Tax Rebates an amount equal to such overpayment. 15. Confidentiality of Financial Information: To the extent permitted by law, the City shall endeavor to maintain the confidentiality of the information contained in any financial reports submitted to the City by Lang, and other information received by the City relating to Sales Tax Revenue, but shall be permitted to disclose such information and documents to employees and consultants as the City (except for any consultant that has a financial interest in any motor vehicle dealership within the Chicago metropolitan area, which consultant shall not be retained) in its sole discretion deems appropriate in order to monitor compliance and audit this Agreement. Lang understands and agrees that the provisions of this Agreement shall be a matter of public record, as shall any and all payments to Lang pursuant to this Agreement. Lang also agrees, upon the request of the City, to furnish such consent, powers of attorney, or waivers as may be required by the Illinois Department of Revenue to allow the Illinois Department of Revenue to furnish to the City Sales Tax Revenue information concerning Lang's dealership corporation(s). 16. Mutual Assistance: The City and Lang agree to do all things necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms hereof. 17. Provisions Concerning Receipt by City: The receipt of Sales Tax Revenue, either directly or indirectly, by the City from taxes paid by Lang's dealership corporations or by a substitute business accepted by the City to the State of Illinois, as provided earlier in this Agreement, shall be a condition precedent to any obligation of the City to pay any monies to Lang. 7 18. Governing Law and Notices: This Agreement shall be governed by the laws of the County of McHenry, the State of Illinois, and the sole and exclusive venue for any disputes arising out of this Agreement shall be the Twenty Second Judicial Circuit, McHenry County, Illinois. Any notices required in this Agreement shall be effective when in writing and three days after mailing by certified mail, return receipt requested, or by delivering the same in person to any officers of such party or by prepaid telegram or private overnight courier, when appropriate, addressed to the party to be notified. All notices to the City shall be sent to: City Administrator City of McHenry 333 South Green Street McHenry, Illinois 60050 With copies to: City Attorney David McArdle Zukowski, Rogers, Flood & McArdle 50 Virginia Road Crystal Lake, Illinois 60014 All notices to Lang shall be sent to: Gary Lang 1103 S. Route 31 McHenry, Illinois 60050 Or to such other address as a party may designate for himself or itself by notice given from time to time to the other parties in the manner provided herein. 19. Time is of the Essence: Time is of the essence of this Agreement. The parties shall make every reasonable effort to expedite the subject matters hereof, and they hereby acknowledge that the successful performance of this Agreement requires their continued cooperation. 20. Remedies: In the event of a material breach of any of the terms and conditions of this Agreement after reasonable prior notice which is or are not thereafter promptly cured, the non-breaching party shall have the right to terminate this Agreement. In addition the non-breaching party shall have the right, by any action or proceeding at law or in equity, to secure the specific performance of the covenants and agreements herein contained, may be awarded damages for failure of performance or both and the prevailing party shall receive its costs and expenses, 8 including but not limited to its reasonable attorney's fees. The foregoing rights and remedies shall be cumulative and not exclusive. 21. Casualty; Extension of Term: If operation of any or all of the motor vehicle dealership operations on the Business District Property shall be interrupted or if dealership operations shall cease due to casualty or force majeure prior to termination of this Agreement then, in each such case, provided the conditions hereinafter set forth in this paragraph 21 have been satisfied, the term of this Agreement shall be automatically extended for a period equal to the period commencing on the date of said casualty, or the date said force majeure commences (as applicable), through the date of final completion of the reconstruction of the damaged or destroyed facilities, or the date of cessation of said force majeure (if applicable), and the payment obligations of the City hereunder shall, with respect to the Sales Tax Revenue generated by the dealership corporation during said extended term, continue for the duration of said period. Provided Lang or his motor vehicle dealerships, as the case may be, is not in default hereunder, the City shall continue to make any and all Sales Tax Rebates during any period of reconstruction or force majeure referred to hereinabove to which Lang would otherwise be entitled hereunder for said period. Performance by any party hereunder shall not be deemed to be in default where delay or defaults are due to war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, respective governmental laws and regulations, epidemics, quarantine, restrictions, freight embargos or lack of transportation. An extension of time for any such cause shall be for the period of the delay, which period shall commence to run from the time of the commencement of the cause, provided that written notice by the party claiming such extension is sent to the other party not more than thirty (30) days after the commencement of the cause or more than thirty (30) days after the party claiming such extension could have first reasonably recognized the commencement of the cause whichever is later. 22. Change in the Law. A. The City and Lang acknowledge and agree that the City's obligation to pay the Sales Tax Rebate in this Agreement is predicated on existing Illinois law, including, without limitation, the Retailers' Occupation Tax Act, the Service Use Tax Act, the Service Occupation Tax Act and the Use Tax Act (including without limitation any vehicle lease tax that is substituted for a portion or all of the foregoing). The parties further acknowledge that the General Assembly of the State of Illinois has, from time to time, considered proposals to modify or eliminate the distribution of Sales Tax Revenue to Illinois municipalities. The parties desire in paragraph B of this Section to make express provision for the effect of any such change upon the operation of this Agreement. 9 B. In the event that the State of Illinois amends or repeals the Retailers' Occupation Tax Act and/or any of the other taxes that affect Sales Tax Revenue or makes any other promulgation, enactment or change in law ("Change in Law") that limits, eliminates or renders unlawful the distribution of Sales Tax Revenue to the City, or otherwise alters the distribution formula in a manner that prevents the parties from determining with a reasonable degree of certainty the precise amount of the Sales Tax Revenue that the City actually receives from the State of Illinois, the provisions of this Agreement with regard to Sales Tax Revenue generated from Lang's motor vehicle dealerships' operations on or after the effective date of the Change in Law shall be modified. If the Change in Law results in replacement taxes for the Sales Tax Revenue, directly or indirectly resulting from the gross receipts of Lang's motor vehicle dealerships' operations as contemplated hereunder, then, for purposes of this Agreement, such replacement taxes shall be defined as Sales Tax Revenue, subject in all respects to the City's authority under state law to provide for economic incentives based upon such replacement taxes, as contemplated herein. 23. Entire Agreement: The instrument contains the entire Agreement between the parties with respect to the transaction contemplated in this Agreement. 24. Severability and Indemnification: In the event any person or entity challenges the validity of any recital, provision or covenant of this Agreement, the City agrees to defend this Agreement, not take a position adverse to enforcement of the same or enter into any settlement of any such action without the written consent of Lang, provided Lang is not in breach of this Agreement. If any provision of this Agreement is held invalid by a court of competent jurisdiction, after exhaustion of all appeals or periods for such, or in the event such a court shall determine that the City does not have the power to perform any such provision, after exhaustion of all appeals or periods for such, such provision shall be deemed to be excised herefrom, and, unless the final unappealable order of the court so determines, the invalidity thereof shall not affect any of the other provisions contained herein, to the extent found equitable by a court, and such judgment or decree shall relieve the City from performance of only the provision(s) of this Agreement so determined to be invalid; provided, however, if the judgment or decree releases the City of its monetary obligations under Section 8 of this Agreement, then this Agreement shall terminate. In the event any lawsuit is filed against the City relating in any way to this Agreement, Lang shall indemnify and hold the City harmless for any and all costs, attorneys' fees, expert fees, etc. incurred by the City in defending such lawsuit. 25. Amendment: This Agreement may not be amended, altered, or revoked at any time, in whole or in part, unless such changes are agreed to in writing and signed by all of the parties to this Agreement. 10 26. Binding On: This Agreement shall be binding on the parties, and their respective successors, assigns, heirs, and legal representatives. 27. Section and Other Headings: Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 28. Authorization to Execute: Lang warrants that he has full power and authority to execute this Agreement. The Mayor and City clerk hereby warrant that they have been lawfully authorized by the City Council of the City of McHenry to execute this Agreement. Lang and the City shall deliver, upon request, to each other at the respective times each affix their signatures hereto, copies of all resolutions, ordinances or other documents required to legally evidence the authority to so execute this Agreement on behalf of the respective parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. The City of McHenry Mayor ATTEST: City Clerk Gary Lang Z:\M\McHenryCityof\LangGary\Agreement.Lang.Final2.doe 11 MEMORANDUM To: Mayor and City Council From: Douglas K. Maxeiner, City Administrator Date: January 14, 2009 Subject: January 19, 2009 Public Hearing, Gary Lang Business District The agenda supplement for the creation of the Gary Lang Business District, approval of the Gary Lang Business District Plan, and the Business District Development Agreement with Gary Lang will be available to the public on January 16th and delivered to the City Council via the January 16th Friday Packet. Conversations are ongoing with Gary Lang on the contents of the agreement. Please accept my apologies for any inconvenience the delay may cause. CONSENT AGENDA The Consent Agenda for the January 19, 2009 City Council meeting consists of the following items: A. MACC Year 2009 Fiesta Days schedule,special event liquor license, and waiver of associated fees; B. MACC request for temporary advertising signs for Fiesta Days; C. January 12, 2009 Committee of the Whole meeting minutes; and D. List of Bills. Attachments CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: January 19, 2009, Regular City Council Meeting RE: Approval of Temporary Signs for Fiesta Days Participants and Sponsors RECOMMENDATION: To allow temporary signs in accordance with the locations and times specified in the attached letter. Background. A request was received from Kay Rial Bates, President of the McHenry Area Chamber of Commerce to place temporary signs in front of the establishments of Fiesta Days participants and sponsors. The proposed signs are approximately two feet by two feet in size and have an appearance similar to the Country Meadows Craft Show signs. For Music Fest Weekend, signs will be circular and yellow with a red outline and signs will say either "Taste us at Fiesta Days, "Join us at Fiesta Days," or"Proud Sponsor of Fiesta Days." These signs if approved will appear on July 2°a with removal by July 13th. For Family Faith Nite, circular purple signs with a dove and will say "Sponsor of Family Faith Nite" or"See us at Family Faith Nite." These signs will appear on July 17th and removed by July 27th. A list of locations is included on the attached letter. This is the third year for this type of signage as the program was well received by the local participating businesses. The Chamber hopes the signs will continue to build excitement and community support for Fiesta Days. Staff has no concerns with the request. The signs are of a relatively low impact and will be up for a short period of time. Attachment: Letter from Kay Bates, dated 1/19/2009. McHenry Area Chamber of Commerce TO: Mayor Susan Low,Alderman&City Council FROM: Kay Rial Bates,President Fiesta Days Committee DATE: January 19, 2009 SUBJ: 2009 Fiesta Days On behalf of the McHenry Area Chamber of Commerce Board of Directors and Fiesta Days Committee, we are requesting approval to put up signs at the following establishments: Signs would be round 2'x2' in size and would.read"Taste us at Fiesta Days". These would be put up July 2nd and taken down July 13th. 1. Culvers McHenry 2. Papa John's (would be placed off of Route 120) 3. Plum Garden(would be attached to his building) 4. Riverside Chocolate Facatory 5. Old Town Pizza(formerly Taylor St.) Signs would be round 2'x2' in size and would read"Proud Sponsor of Fiesta Days July 10-25". 1. Gary Lang Auto Group(2) 2. McHenry.Bank&Trust(both locations) 3. Midwest Bank&Trust(both locations) 4. Home State Bank(both locations on rt. 31) 5. First National Bank of McHenry(both locations) 6. McHenry Harley Davidson Shop(2) 7. Illinois State Bank(2) 8. Centegra Health System(Rt 31 and Bull Valley Road) 9. Meijer(McCullom Lake Road and Rt 31) 10. Town&Country Homes 11. Fifth Third Bank 12. Meyer Material Company 13. Northwest Herald 14.Follett Software 15. Chas. Herdrich&Son 16.Medela 1257 N. Green Street, McHenry, IL 60050 815-385-4300 • 815-385-9142(fox) www.mchenrychomber.com . info@mchenrychombeccom 17. Fabrik 18. Century 21 19. Adams Auto Body �h C i Fy) 20. Affinia Signs would be round 2'x2' and would read"Family Faith Nite,July 25". Signs would go up July 17th and be taken down July 27th. 1. Alliance Bible Church—3815 Bull Valley Road, McHenry and Route 31 entrance 2. The Church of Holy Apostles Bull Valley and Route 31 3. Evangelical Free Church of McHenry—2614 N.Ringwood Road 4. First Baptist Church of McHenry 5. First United Methodist Church 6. Lighthouse Church A/G 7. Maranatha Assembly of God 8. The Orchard Church—768 Ridgeview Drive 9. Shepherd of the Hills Lutheran Church 10. St. Mary's Catholic Church 11. St.Paul's Episcopal Church 12. Zion Ev. Lutheran Church 13. CornerStone Material Recovery 14. Meijer 15. Mercy Health Care 16.Walmart 17. Riverside Chocolates 18. Culvers 19. Old Towne Pizza 20. Plum Garden 21. Gary Lang Auto Group 22. McCullom Lake Road/' Pckrgem Pc rk_ l?- a� These sign locations may change as sponsors change,however we anticipate all of the above will participate. The signs are promoting Fiesta Days,a community-wide event and not their business. Please let me know if this meets with your approval and the next step we need to take. Thank you for you consideration! COMMITTEE OF THE WHOLE MEETING JANUARY 12,2009 A Committee of the Whole Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 p.m. on Monday,January 12, 2009 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, City Clerk Jones, Deputy City Administrator Martin, Assistant City Administrator Hobson, Director of Public Works Schmitt, Director of Construction and Neighborhood Services Schwalenberg, Planner Kolner, City Engineer Bob Wegener. Absent: City Attorney McArdle. CONSENT AGENDA Motion by Santi, seconded by Wimmer, to approve the Consent Agenda as presented: A. City Council Minutes: December 22, 2008 regularly scheduled meeting; January 5, 2009 regularly scheduled meeting; B. List of As-Needed Checks: BANK OF NEW YORK,THE 290,772.50 BANKCARD SERVICES 34.25 BENEFIT SYSTEMS&SERVIC 38,900.16 BOEKA,JOEL 29.25 BRUMBACH,WILLIAM 31.59 BRUST,JENELL 38.03 ERBER,JOANNE 101.79 FISCHER,ROGER 88.34 FOP UNITS 1/II 1,900.00 GALLAGHER RISK MANAGEMEN 87.00 GERRISH,WILBERT 24.57 HARRIS,JAMES 481.46 HEIMSOTH,CYNTHIA 33.93 HOME DEPOT/GECF 1,002.74 HOME STATE BANK 50,225.00 ILLINOIS DEPARTMENT OF P 554.00 IMAGETEC LP 1,981.09 IUOE,LOCAL 150 1,889.58 KEMP,ALEXANDER 63.18 LISAFELD,JEFF 68.69 MCPOA 738.30 MEIJER 3,183.13 - MILLARD,FREDRICK 163.22 NCPERS GROUP LIFE INS. 320.00 NORTH SUBURBAN WATER 90.00 PAYTON,SELENA 21.65 POSTMASTER MCHENRY IL 1,345.60 PRE-PAID LEGAL SERVICES 194.25 RASMUSSEN,DONNA 107.06 SCHAEFER,CAROL 24.57 SCHAEFER,DONALD 76.64 SECRETARY OF STATE 80.00 SECRETARY OF STATE/INDEX 30.00 SHERMAN MECHANICAL INC 19,674.00 STAPLES CREDIT PLAN 28.49 January 12,2009 Page 2 STEELE,LARK 92.43 STEIDINGER,CATHERINE 63.77 TETA,MICHAEL 53.24 THOELE,SHEILA 21.65 TUDOR,JULIA 74.88 UNITED PARCEL SERVICE 138.61 UNITED WAY OF MCHENRY CO 273.00 UNUM 1,537.74 WALMART COMMUNITY 925.12 GRAND TOTALS 418,470.50 FUND TOTALS GENERAL FUND 37,290.74 DEBT SERVICE-1997A FUND 340,997.50 WATER/SEWER FUND 401.61 EMPLOYEE INSURANCE FUND 38,900.16 RISK MANAGEMENT FUND 87.00 INFORMATION TECHNOLOGY FUND 793.49 TOTALS 18,470.50 C. List of Bills: 4-C 30.00 ACCRA INDUSTRIES INC 263.30 ACE HARDWARE,BJORKMAN'S 134.49 ADAMS ENTERPRISES INC,R. 1,534.01 ADAMS STEEL SERVICE INC 125.37 ALEXANDER LUMBER CO 1,775.08 AMERICAN RED CROSS OF GR 333.81 AMERICAN WATER WORKS ASS 498.00 ARAMARK WORK APPAREL&U 173.07 ASTD 180.00 AT&T 3,767.10 AT&T LONG DISTANCE 55.61 AUTO TECH CENTERS INC 803.12 B&W CONTROL SYSTEMS INTE 954.00 BARTA,RON 149.44 BAXTER&WOODMAN 2,080.06 BECKER,CASSANDRA L 348.75 BERGGREN,LEE 90.00 BUCK BROS INC 21.75 BULL VALLEY AUTO BODY 773.71 BURRITO EXPRESS 183.50 BUSS FORD SALES 1,837.04 CARQUEST AUTO PARTS STOR 631.80 CDW GOVERNMENT INC 25.00 CENTEGRA OCCUPATIONAL ME 1,108.08 CENTEGRA PRIMARY CARE LL 90.41 CENTURY SPRINGS 318.15 CHICAGO INTERNATIONAL TR 247.13 COMCAST CABLE 74.90 COMED 37,716.45 COMMUNICATIONS REVOLVING 115.00 CRITICAL REACH 390.00 CRYSTAL LAKE ORTHOPAEDIC 310.25 CURRAN CONTRACTING COMPA 1,848.23 DELL MARKETING LP 254.80 DOCUMENT IMAGING DIMENSI 981.00 DREISILKER ELECTRIC MOTO 34.68 ED'S AUTOMOTIVE/JIM'S MU 157.00 January 12,2009 Page 3 FOXCROFT MEADOWS INC 75.88 GALLAGHER RISK MANAGEMEN 58.00 GTTZKE,WILLIAM J 36.85 GOTT,LISA M 232.50 GROVE,KELLY 93.00 HACH COMPANY 323.95 HARM'S FARM 119.96 HOLMSTROM,ROBERT 15.22 HOME STATE BANK 40.00 HUGHES&SON INC 2,086.00 HYDROAIRE SERVICE INC 691.85 ILLINOIS FBI NA 40.00 ILLINOIS GFOA 364.00 INTERNATIONAL SALT CO LL 88,496.27 IPPFA 750.00 IPRA 762.00 KIMBALL MIDWEST 1,517.69 KIRCHNER FIRE 353.75 LAMBERT,FRANCES B 80.00 LANG PONTIAC-CADILLAC-SU 158.66 LANGE,MICHAEL 41.81 LEACH ENTERPRISES INC 215.48 LEE AUTO MCHENRY 27.30 LEXISNEXIS 111.00 LIBERTY FLAG&SPECIALTY 100.95 MARYS FLOWERS&GIFTS 92.00 MCANDREWS PC,THE LAW OF 6,800.00 MCHENRY ANALYTICAL WATER 517.50 MCHENRY COUNTY CHIEFS OF 42.00 MCHENRY COUNTY CONVENTIO 12,000.00 MCHENRY FIRESTONE 20.99 MCHENRY RADIOLOGISTS 81.60 MCHENRY STORAGE,THE 440.00 MDC ENVIRONMENTAL SERVIC 16,480.00 MEYER MATERIAL COMPANY 2,204.75 MINUTEMAN PRESS OF MCH 213.94 MISTRETTA,IRENE 47.00 NICOR GAS 4,763.15 NORSHORE ALARM CO INC 85.00 NORTHERN TOOL&EQUIPMEN 323.56 PACE 14,100.74 PETROLIANCE LLC 7,625.49 PITEL SEPTIC INC 75.00 PRECISION MIDWEST 1,900.00 PRECISION SERVICE&PART 390.00 PROMISING PICASSOS 319.00 PROSOURCE FINANCIAL LLC 3,166.67 QUILL CORPORATION 156.50 REINHARD,KAI 50.00 ROWE,HERBERT W 790.00 SEC GROUP INC 25,476.33 SHERMAN BENEFIT MANAGER 55.00 SHERMAN MECHANICAL INC 1,742.80 SHRM 160.00 SMITH ECOLOGICAL SYSTEMS 665.89 SPRING ALIGN OF PALATINE 354.17 STAN'S FINANCIAL SERVICE 222.00 STANS OFFICE TECHNOLOGIE 1,366.33 STAPLES BUSINESS ADVANTA 1,532.82 STATE TREASURER IDOT 6,971.79 January 12,2009 Page 4 STEKL,DIANE 429.25 TEMPLE DISPLAY LTD 221.26 TREDROC TIRE SVC/ANTIOCH 866.45 ULTRA STROBE COMMUNICAIT 143.50 UNIVERSITY OF ILLINOIS 75.00 VALLEY VIEW ACRES 340.00 VELEZ,MICKEY 50.00 WAREHOUSE DIRECT 114.95 WASTE MANAGEMENT OF WI P 5,002.48 WATER PRODUCTS-AURORA 565.34 WATER WELL SOLUTIONS 45,699.75 WAUSAU TILE INC 13,252.00 WELLS FARGO BANK NA 665.62 WHOLESALE DIRECT INC 478.00 WILLIAMS,TOM 74.89 ZUKOWSKI ROGERS FLOOD& 7,351.10 GRAND TOTALS 343,767.82 FUND TOTALS GENERAL FUND 126,379.34 TOURISM FUND 12,000.00 MOTOR FUEL TAX FUND 88,496.27 CAPITAL IMPROVEMENTS FUND 20,022.38 WATER/SEWER FUND 74,312.21 EMPLOYEE INSURANCE FUND 3,166.67 RISK MANAGEMENT FUND 2,477.05 INFORMATION TECHNOLOGY FUND 3,290.77 RETAINED PERSONNEL ESCROW 12,207.51 POLICE PENSION FUND 1,415.62 TOTALS 343,767.82 Voting Aye: Santi,Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PRESENTATION CONCEPT PLAN: PRAIRIE POINTE BUSINESS PARK Mayor Low stated the purpose of this evening's Committee of the Whole Meeting is to discuss a proposed concept plan for the Prairie Pointe Business Park. In attendance representing the applicant were Attorney Tom Zanck, Jennifer Nevitt Casey, Mike Gazzola, and Scott Dixon. Deputy City Administrator Martin stated the Community Development Committee reviewed a proposed development for a portion of Prairie Pointe Business Park at a special meeting held on December 2, 2008. It was the recommendation of the committee to present the proposal before a Committee of the Whole for further consideration and direction. Deputy City Administrator Martin noted the project includes ten apartment buildings, a banquet facility and conference center, corporate childcare center, and a climate-controlled storage facility. The request would require rezoning approximately 9 acres of BP Business Park January 12,2GO Page 5 property and 6.70 acres of C5 Highway Commercial property to multi-family. The question before the committee this evening is to consider the possible reclassification of 15 acres of Prairie Pointe Business Park to multi-family to accommodate the project. Deputy City Administrator Martin stated Staff is looking for direction from Council on the conceptual development proposal and, specifically, regarding the rezoning of approximately 15 acres of commercial and business park property to multi-family residential for the development of a high-end rental apartment complex. Ms. Nevitt Casey addressed Council, noting there is one area that has not been looked at, the hardscape (brick, etc.) She stated the developer would not be able to meet the required 75%exterior brick requirement. Ms. Nevitt Casey stated at this point the project is at Phase I of the development process. She provided Council with a Power Point presentation noting specific architectural elements of the project. Ms. Nevitt Casey noted a traffic impact study would be required. A Veterans Memorial to be erected as part of the project would be created with design limited to McHenry County artists. Ms. Nevitt Casey stated real estate trends for the next five years indicate it will be a rental market. McHenry's supply of apartments is 97% occupied. It would appear the timing is right for this type of project. Mayor Low stated she likes the concept. She noted she is often approached about the availability of apartment rentals in the City. Mayor Low noted oftentimes condo associations do not permit rentals. Mayor Low invited questions and comments from Council. Alderman Condon stated the Community Development Committee is very supportive of this project. Alderman Schaefer inquired how the project would compare with housing rental options. Ms. Nevitt Casey responded the proposal would include a fulltime professional management team which would require background checks prior to rental agreements. Responding to another inquiry, Ms. Nevitt Casey stated Dixon Companies is a build-to-hold organization which does not"flip"their properties. Alderman Peterson inquired how the renters are chosen. Ms. Nevitt Casey responded successful applicants would have to evidence annual income of approximately 3 and % times the annual rent. Specific rental screening criteria would be developed. It is likely that one in ten of the rental applicants would fail to qualify. Alderman Glab opined several firms in the area would not pay the amount necessary for their employees to qualify for rental of one of these apartments. Alderman Glab further January 12,2009 Page 6 commented he has thought for several years that more apartment complexes are required in the City. He believes this is an appropriate place for apartments to be situated. Alderman Glab noted Veterans Parkway is extremely narrow. He requested assurance that park maintenance within the project would be taken care of by the property owner. Alderman Glab also expressed concerns regarding sound abatement between apartment units. Ms. Nevitt Casey responded the company has a firm which addresses noise abatements. Director of Construction and Neighborhood Services Schwalenberg noted the project would be required to meet the City's noise abatement ordinance. Alderman Glab noted he is disappointed with the company's inability to meet the 75% brick fagade building requirement. Ms. Nevitt Casey stated the company cannot afford to provide 75% external brick fagade on the structures, particularly if the window areas are not included in the calculations. Alderman Glab stated this is an issue which should be addressed by Council. City Administrator Maxeiner stated if Council has an issue with masonry coverage, it could certainly be covered this evening, particularly if it is likely to be a deal-breaker for this project. Alderman Condon noted the project presentation at this stage is conceptual. She stated she feels comfortable that the issue of masonry coverage could be resolved prior to final presentation before Council Alderman Glab stated he is in favor of the three-dimensional look and the roof-line articulation. Alderman Peterson stated the concept is likely the most-affordable use for the subject property. Mayor Low noted the City has been brainstorming for years to find ways to attract businesses to the south side of the community.This could be a good opportunity to accomplish that goal. Alderman Santi stated he was pleased with the concept at the Community Development Committee level. He likes the proposed style of windows. Alderman Santi inquired about corporate rentals. Ms. Nevitt Casey responded usually only about 10% of the building is comprised of corporate housing. Alderman Santi expressed concern regarding traffic patterns exiting onto Green Street. Alderman Wimmer stated he likes the proposed development. He inquired if there would be adequate business park zoned property elsewhere in town if this property is reclassified as requested. Deputy City Administrator Martin responded in the affirmative. January 12,2009 Page 7 Alderman Murgatroyd inquired if the entire development would be constructed in a single phase. Ms. Nevitt Casey responded in the affirmative. However, the project would be weather-driven. Usually it takes approximately 14 months to construct this type of project. Alderman Murgatroyd stated the project is intriguing. He would like to see it move to the next stage toward development. Mayor Low noted the applicant has been provided with adequate direction by Council. She thanked the applicant for the presentation. Motion by Condon, seconded by Wimmer,to adjourn the meeting at 8:46 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd,Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:46 p.m. Mayor City Clerk ,7ATE 1/13/2009 03:30 PM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 1/19/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE --------------------------------------------------------------------------------------------------------------------------------- 9010444 100 XXXXX 1071 ACE HARDWARE, BJORKMAN'S DEC 08MATERIALS & SUPPLIES O1/19/09 0 011209 2,152.59 100.01.6110 0901 011209 GLJ7866 676.10 011209 100.01.6270 0901 011209 GLJ7866 619.00 011209 100.22.6110 0901 011209 GLJ7866 140.57 011209 100.33.6110 0901 011209 GLJ7866 437.66 011209 100.41.6110 0901 011209 GLJ7866 M 274.77 011209 100.41.6110 0901 011209 GLJ7866 R 4.49 011209 9010445 510 XXXXX 1071 ACE HARDWARE, BJORKMAN'S DEC 08MATERIALS & SUPPLIES O1/19/09 0 011209 543.57 510.31.4510 0901 011209 GLJ7866 REID 123.97 011209 510.31.4510 0901 011209 GLJ7866 WILLIAMS 58.49 011209 510.31.6110 0901 011209 GLJ7866 242.37 011209 510.32.6110 0901 011209 GLJ7866 118.74 011209 9010446 100 22 1077 ACE TOWING & RECOVERY 4518 VEHICLE TOW O1/19/09 0 011209 125.00 100.22.5110 0901 011209 GLJ7866 125.00 011209 9010447 100 33 1106 ADAMS STEEL SERVICE INC 214984SUPPLIES O1/19/09 0 011209 20.16 100.33.5370 0901 011209 GLJ7866 20.16 011209 9010448 100 22 1200 AFTERMATH INC 11/7/08 BIO-HARZARD CLEAN UP O1/19/09 0 011209 245.00 100.22.5110 0901 011209 GLJ7866 245.00 011209 9010511 100 33 1632 ARAMARK WORK APPAREL & U 11954865 EMPLOYEE UNIFORMS O1/19/09 0 011309 335.40 100.33.4510 0901 011309 GLJ7875 335.40 011309 9010449 100 22 1738 AUTO TECH CENTERS INC 204041TIRES O1/19/09 0 011209 409.00 100.22.5370 0901 011209 GLJ7866 409.00 011209 9010455 510 31 2039 B&W CONTROL SYSTEMS INTE 140254WATER PLANT 1 PANEL VIEW ISSUE O1/19/09 0 011209 919.83 510.31.5110 0901 011209 GLJ7866 919.83 011209 9010450 100 22 16080 BIRK, ADRIANA PSYC310B TUITION REIMB O1/19/09 0 011209 630.00 100.22.5440 0901 011209 GLJ7866 630.00 011209 9010451 100 22 16080 BIRK, ADRIANA PSY310B TEXT BOOKS 01/19/09 O 011209 109.51 100.22.5440 0901 011209 GLJ7866 109.51 011209 9010452 100 22 16080 BIRK, ADRIANA 12/9-11/08TRAINING MEAL REIMB O1/19/09 0 011209 19.06 100.22.5420 0901 011209 GLJ7866 19.06 011209 9010453 100 33 2765 BUSS FORD SALES 31233 VEHICLE REPAIR PARTS O1/19/09 0 011209 47.20 100.33.5370 0901 011209 GLJ7866 47.20 011209 9010454 100 33 2765 BUSS FORD SALES 31242 VEHICLE REPAIR PARTS O1/19/09 0 011209 51.18 100,33.5370 0901 011209 GLJ7866 51.18 011209 9010456 100 22 3015 CARQUEST AUTO PARTS STOR 925371398 VEHICLE REPAIR PARTS O1/19/09 0 011209 101.59 100.22.5370 0901 011209 GLJ7866 101.59 011209 9010457 600 00 3153 CENTEGRA WORKSITE WELLNE WW-268EMPLOYEE HEALTH FAIR O1/19/09 0 011209 3,705.00 DATE 1/13/2009 03:30 PM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 1/19/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 600.00.6960 0901 011209 GLJ7866 3705.00 011209 9010458 100 33 6635 CHICAGO INTERNATIONAL TR 111092685 VEHICLE REPAIR PARTS 01/19/09 0 011209 207.96 100.33.5370 0901 011209 GLJ7866 207.96 011209 9010459 510 32 3285 CINTAS CORPORATION #355 355-00992 EMPLOYEE UNIFORM RENTALS 01/19/09 0 011209 255.00 520.32.4510 0901 011209 GLJ7866 255.00 011209 9010460 510 32 3285 CINTAS CORPORATION #355 355-00999 EMPLOYEE UNIFORM RENTALS 01/19/09 0 011209 150.25 520.32.4510 0901 011209 GLJ7866 150.25 011209 9010461 100 01 3285 CINTAS CORPORATION #355 355-01002 EMPLOYEE UNIFORM RENTALS 01/19/09 0 011209 135.40 100.01.4510 0901 011209 GLJ7866 135.40 011209 9010462 100 33 3285 CINTAS CORPORATION #355 355-01000 EMPLOYEE UNIFORM RENTALS 01/19/09 0 011209 96.40 100.33.4510 0901 011209 GLJ7866 96.40 011209 9010463 100 33 3285 CINTAS CORPORATION #355 35501000 EMPLOYEE UNIFORM PURCHASE 01/19/09 0 011209 84.94 BURRAFATO 100.33.4510 0901 011209 GLJ7866 84.94 011209 9010464 100 33 3285 CINTAS CORPORATION #355 35501000 FLOOR MAT & TOWEL RENTALS 01/19/09 0 011209 83.05 100.33.6110 0901 011209 GLJ7866 83.05 011209 9010465 100 01 3285 CINTAS CORPORATION #355 35501002 FLOOR MAT RENTAL 01/19/09 0 011209 180.00 100.01.6110 0901 011209 GLJ7866 180.00 011209 9010466 510 32 3285 CINTAS CORPORATION #355 35500992 FLOOR MATS & SOAP 01/19/09 0 011209 111.75 510.32.6110 0901 011209 GLJ7866 111.75 011209 9010467 510 32 3285 CINTAS CORPORATION #355 35500999 FLOOR MATS & SOAP 01/19/09 0 011209 163.35 510.32.6110 0901 011209 GLJ7866 163.35 011209 9010512 510 XXKRX 3565 CONSTELLATION NEWENERGY 1050456 W/S PUMPING CHARGES 01/19/09 0 011309 11,248.49 510.31.5510 0901 011309 GLJ7875 2249.70 011309 510.32.5510 0901 011309 GLJ7875 8998.79 011309 9010468 100 33 3557 CORNERSTONE MATERIAL REC 70386 SNOW REMOVAL SERVICES 01/19/09 0 011209 4,466.00 100.33.5110 0901 011209 GLJ7866 4466.00 011209 9010513 510 32 4004 D'ANGELO NATURAL SPRING DEC 08BOTTLED DISTILLED WATER 01/19/09 0 011309 54.25 510.32.6110 0901 011309 GLJ7875 54.25 011309 9010469 100 22 4741 DUCAK, JASON CLOTHING ALLOWANCE REIMB 01/19/09 0 011209 79.99 100.22.4510 0901 011209 GLJ7866 79.99 011209 9010470 100 01 6025 FAMILY SERVICES 100812EAP SERVICES 01/19/09 0 011209 5,928.00 100.01.5110 0901 011209 GLJ7866 5928.00 011209 9010471 100 22 6029 FAST EDDIES CAR WASH DEC 08SQUAD CAR WASHES 01/19/09 0 011209 143.00 100.22.5370 0901 011209 GLJ7866 143.00 011209 -DATE 1/13/2009 03:30 PM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 1/19/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9010472 100 22 6390 FLESCH COMPANY INC, GORD OGJ344 1 TONER FOR CRIME LAB PRINTER O1/19/09 0 011209 427.33 100.22.6110 0901 011209 GLJ7866 427.33 011209 9010474 510 31 7281 G IMPRESSIONS INC 1504 SIGNS O1/19/09 0 011209 20.00 510.31.6110 0901 011209 GLJ7866 20.00 011209 9010473 100 22 7007 GALLS INCORPORATED 0959601013EMPLOYEE UNIFORM ITEMS O1/19/09 0 011209 134.97 ADAMS 100.22.4510 0901 011209 GLJ7866 134.97 011209 9010475 100 22 7074 GITZKE, WILLIAM J 11437 RADIO REPAIRS O1/19/09 0 011209 229.95 100.22.5370 0901 011209 GLJ7866 229.95 011209 9010476 100 04 7750 GURRIE, LETITIA CLOTHING ALLOWANCE REIMB 01/19/09 0 011209 59.79 100.04.4510 0901 011209 GLJ7866 59.79 011209 9010514 100 41 1 HONKALA, CHRIS PARKS PROGRAM REFUND O1/19/09 0 011309 40.00 100.41.3637 0901 011309 GLJ7875 40.00 011309 9010477 100 22 8541 HOPP, SHELLY CLOTHING ALLOWANCE REIMB O1/19/09 0 011209 59.98 100.22.4510 0901 011209 GLJ7866 59.98 011209 9010478 100 03 9003 IAEI 10176 MEMBERSHIP DUES O1/19/09 0 011209 102.00 100.03.5410 0901 011209 GLJ7866 102.00 011209 9010515 510 31 9520 INTERSTATE BATTERY SYSTE 27383 BATTERIES O1/19/09 0 011309 34.50 510.31.6110 0901 011309 GLJ7875 34.50 011309 9010479 100 22 10211 J G UNIFORMS INC 18533 EMPLOYEE UNIFORMS O1/19/09 0 011209 98.56 MUCCIANTE 100.22.4510 0901 011209 GLJ7866 98.56 011209 9010516 100 33 10527 JOHNS TREE SERVICE 1016 TREE REMOVAL SERVICES O1/19/09 0 011309 1,500.00 100.33.5110 0901 011309 GLJ7875 1500.00 011309 9010480 100 22 11025 KALE UNIFORMS INC 297618EMPLOYBE UNIFORMS O1/19/09 0 011209 61.28 O'DONNELL 100.22.4510 0901 011209 GLJ7866 61.28 011209 9010481 100 22 11025 KALE UNIFORMS INC 29761GEMPLOYEE UNIFORMS O1/19/09 0 011209 61.29 MEIER 100.22.4510 0901 011209 GLJ7866 61.29 011209 9010482 100 01 11108 KDS TECH SERVICES INC 194 LIGHT BULBS 01/19/09 0 011209 510.40 100.01.6110 0901 011209 GLJ7866 510.40 011209 9010517 100 33 11286 KIMBALL MIDWEST 919629SUPPLIES O1/19/09 0 011309 248.80 100.33.5370 0901 011309 GLJ7875 248.80 011309 9010484 100 41 11295 KING, LAURA 9/11-12/18R-PARKS PROGRAM INSTRUCTOR O1/19/09 0 011209 329.38 DATE 1/13/2009 03:30 PM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 1/19/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 100.41.5110 0901 011209 GLJ7866 329.38 011209 9010518 510 32 11703 KTD INC 8903 SUPPLIES O1/19/09 0 011309 3.75 510.32.6110 0901 011309 GLJ7875 3.75 011309 9010485 100 33 12017 LANG PONTIAC-CADILLAC-SU 73788 VEHICLE REPAIR PARTS O1/19/09 0 011209 150.43 100.33.5370 0901 011209 GLJ7866 150.43 011209 9010519 100 41 1 MALZAHN, CAROL PARKS PROGRAM REFUND O1/19/09 0 011309 76.00 100.41.3636 0901 011309 GLJ7875 76.00 011309 9010522 100 33 14069 MCCANN INDUSTRIES INC 11020599 SUPPLIES O1/19/09 0 011309 125.20 100.33.5370 0901 011309 GLJ7875 125.20 011309 9010523 100 33 14069 MCCANN INDUSTRIES INC 11020626 SUPPLIES O1/19/09 0 011309 50.20 100.33.5370 0901 011309 GLJ7875 50.20 011309 9010524 100 33 14069 MCCANN INDUSTRIES INC 11020322 SUPPLIES O1/19/09 0 011309 2,500.96 100.33.5370 0901 011309 GLJ7875 2500.96 011309 9010486 280 00 14276 MCHENRY COMMUNITY HIGH S JULY-DEC08DEVELOPER DONATIONS 01/19/09 0 011209 52,253.25 280.00.6970 0901 011209 GLJ7866 52253.25 011209 9010490 260 00 14276 MCHENRY COMMUNITY HIGH S DEC 2008 OPERATING FEES O1/19/09 0 011209 1,652.00 260.00.6970 0901 011209 GLJ7866 1652.00 011209 9010487 280 00 14275 MCHENRY COMMUNITY SCHOOL JULY-DECO8DEVELOPER DONATIONS O1/19/09 0 011209 97,041.75 280.00.6970 0901 011209 GLJ7866 97041.75 011209 9010491 260 00 14275 MCHENRY COMMUNITY SCHOOL DEC 2008 OPERATING FEES O1/19/09 0 011209 2,283.00 260.00.6970 0901 011209 GLJ7866 2283.00 011209 9010494 100 XXXXX 14296 MCHENRY COUNTY COUNCIL 0 2 ANNUAL HOLIDAY MEETING O1/19/09 0 011209 1,564.00 100.01.6940 0901 011209 GLJ7866 1360.00 011209 100.02.5430 0901 011209 GLJ7866 204.00 011209 9010525 100 01 14258 MCHENRY COUNTY RECORDER DEC 2008 RECORDING FEES O1/19/09 0 011309 200.00 100.01.6940 0901 011309 GLJ7875 200.00 011309 9010495 510 32 14266 MCHENRY FIRESTONE 16066 TIRES O1/19/09 0 011209 1,198.68 510.32.5370 0901 011209 GLJ7866 1198.68 011209 9010496 100 33 14266 MCHENRY FIRESTONE 16107 TIRE O1/19/09 0 011209 350.99 100.33.5370 0901 011209 GLJ7866 350.99 011209 9010497 100 XXXXX 14251 MCHENRY NAPA DEC OBVEHICLE REPAIR PARTS 01/19/09 0 011209 725.68 100.22.5370 0901 011209 GLJ7866 335.95 011209 100.33.5370 0901 011209 GLJ7866 363.05 011209 100.41.6110 0901 011209 GLJ7866 M 26.68 011209 9010498 510 32 14251 MCHENRY NAPA DEC 08VEHICLE REPAIR PARTS O1/19/09 0 011209 162.89 DATE 1/13/2009 03:30 PM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 1/19/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 510.32.5370 0901 011209 GLJ7866 162.89 011209 9010488 280 00 14270 MCHENRY PUBLIC LIBRARY JULY-DEC08DEVELOPER DONATIONS O1/19/09 0 011209 26,904.00 280.00.6980 0901 011209 GLJ7866 26904.00 011209 9010492 260 00 14270 MCHENRY PUBLIC LIBRARY DEC 2008 OPERATING FEES O1/19/09 0 011209 130.00 260.00.6980 0901 011209 GLJ7866 130.00 011209 9010493 260 00 14270 MCHENRY PUBLIC LIBRARY DEC 2008 OPERATING FEES O1/19/09 0 011209 64.00 260.00.6990 0901 011209 GLJ7866 64.00 011209 9010489 280 00 14261 MCHENRY TOWNSHIP FIRE PR JULY-DEC08DEVELOPER DONATIONS O1/19/09 0 011209 26,904.00 280.00.6990 0901 011209 GLJ7866 26904.00 011209 9010520 100 33 13172 MEYER MATERIAL COMPANY 218103MATERIALS O1/19/09 0 011309 299.24 100.33.6110 0901 011309 GLJ7875 299.24 011309 9010521 100 33 13172 MEYER MATERIAL COMPANY 218135MATERIALS O1/19/09 0 011309 810.37 100.33.6110 0901 011309 GLJ7875 810.37 011309 9010499 620 00 13274 MIDCO 217903PHONE LINE RELOCATIONS O1/19/09 0 011209 335.50 620.00.5320 0901 011209 GLJ7866 335.50 011209 9010500 100 33 13277 MIEWEST HOSE AND FITTING M1795 SUPPLIES 01/19/09 0 011209 72.50 100.33.5370 0901 011209 GLJ7866 72.50 011209 9010501 100 XXXXX 13291 MINUTEMAN PRESS OF MCH 69638 PRINTING SERVICES O1/19/09 0 011209 316.07 100.00.6210 0901 011209 GLJ7866 252.85 011209 100.03.6210 0901 011209 GLJ7866 31.61 011209 100.41.6210 0901 011209 GLJ7866 31.61 011209 9010502 100 41 1 MOORE, DAWN PARKS PROGRAM REFUND O1/19/09 0 011209 35.00 100.41.3636 0901 011209 GLJ7866 35.00 011209 9010503 100 22 13548 MORITZ, SHERRIE CLOTHING ALLOWANCE REIMB O1/19/09 0 011209 121.93 100.22.4510 0901 011209 GLJ7866 121.93 011209 9010504 100 33 7 MORRIS, FRED MAILBOX DAMAGE REIMB O1/19/09 0 011209 50.00 100.33.6110 0901 011209 GLJ7866 50.00 011209 9010526 740 00 7 NANAS KITCHEN #11395RETAINED PERSONNEL REFUND O1/19/09 0 011309 32.50 740.00.3750 0901 011309 GLJ7875 32.50 011309 9010528 510 31 15553 NORTH SUBURBAN WATER 3/09-3/10 MEMBERSHIP DUES O1/19/09 0 011309 60.00 510.31.5410 0901 011309 GLJ7875 60.00 011309 9010527 100 33 15557 NORTHWEST ELECTRICAL SUP 860713SUPPLIES O1/19/09 0 011309 24.67 100.33.6110 0901 011309 GLJ7875 24.67 011309 9010529 100 01 16716 OTTOSEN BRITZ KELLY COOP 34955 PROFESSIONAL SERVICES O1/19/09 0 011309 700.00 100.01.5110 0901 011309 GLJ7875 700.00 011309 DATE 1/13/2009 03:30 PM CITY OF MCHENRY PAGE 6 LIST OF BILLS COUNCIL MEETING 1/19/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ----------------------------------------------------------------------------------------------------------------- 9010530 510 32 17014 PARKSON CORPORATION 12080471 EQUIPMENT REPAIR PARTS 01/19/09 0 011309 2,270.16 510.32.5375 0901 011309 GLJ7875 2270.16 011309 9010531 100 03 2532 PETROLIANCE LLC 1071102 VEHICLE FUEL 01/19/09 0 011309 15.35 100.03.6250 0901 011309 GLJ7875 15.35 011309 9010532 100 03 2532 PETROLIANCE LLC 1071031 VEHICLE FUEL 01/19/09 0 011309 21.75 100.03.6250 0901 011309 GLJ7875 21.75 011309 9010533 100 03 2532 PETROLIANCE LLC 1070936 VEHICLE FUEL 01/19/09 0 011309 81.22 100.03.6250 0901 011309 GLJ7875 81.22 011309 9010534 100 22 2532 PETROLIANCE LLC 1071103 VEHICLE FUEL 01/19/09 0 011309 623.60 100.22.6250 0901 011309 GLJ7875 623.60 011309 9010535 100 22 2532 PETROLIANCE LLC 1070850 VEHICLE FUEL 01/19/09 0 011309 1,290.83 100.22.6250 0901 011309 GLJ7875 1290.83 011309 9010536 100 22 2532 PETROLIANCE LLC 1071032 VEHICLE FUEL 01/19/09 0 011309 1,300.14 100.22.6250 0901 011309 GLJ7875 1300.14 011309 9010537 100 22 2532 PETROLIANCE LLC 1070937 VEHICLE FUEL 01/19/09 0 011309 1,248.85 100.22.6250 0901 011309 GLJ7875 1248.85 011309 9010538 100 33 2532 PETROLIANCE LLC 1071030 VEHICLE FUEL 01/19/09 0 011309 171.10 100.33.6250 0901 011309 GLJ7875 171.10 011309 9010539 100 XXXXX 2532 PETROLIANCE LLC 1071033 VEHICLE FUEL 01/19/09 0 011309 4,724.28 100.33.6250 0901 011309 GLJ7875 4650.35 011309 100.01.6250 0901 011309 GLJ7875 73.93 011309 9010540 100 XXXXX 2532 PETROLIANCE LLC 1070938 VEHICLE FUEL 01/19/09 0 011309 5,766.99 100.33.6250 0901 011309 GLJ7875 5709.02 011309 100.01.6250 0901 011309 GLJ7875 57.97 011309 9010541 100 33 2532 PETROLIANCE LLC 1070935 VEHICLE FUEL 01/19/09 0 011309 121.34 100.33.6250 0901 011309 GLJ7875 121.34 011309 9010542 100 XXXXX 2532 PETROLIANCE LLC 1070759 VEHICLE FUEL 01/19/09 0 011309 4,046.49 100.33.6250 0901 011309 GLJ7875 3696.12 011309 100.01.6250 0901 011309 GLJ7875 150.37 011309 9010543 100 XXXXX 2532 PETROLIANCE LLC 1070851 VEHICLE FUEL 01/19/09 0 011309 3,017.32 100.33.6250 0901 011309 GLJ7875 2952.91 011309 100.01.6250 0901 011309 GLJ7875 64.41 011309 9010544 510 31 2532 PETROLIANCE LLC 1071035 VEHICLE FUEL 01/19/09 0 011309 168.02 510.31.6250 0901 011309 GLJ7875 168.02 011309 9010545 510 31 2532 PETROLIANCE LLC 1071106 VEHICLE FUEL 01/19/09 0 011309 112.62 DATE 1/13/2009 03:30 PM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 1/19/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 510.31.6250 0901 011309 GLJ7875 112.62 011309 9010546 510 32 2532 PETROLIANCE LLC 1071036 VEHICLE FUEL O1/19/09 0 011309 326.24 520.32.6250 0901 011309 GLJ7875 326.24 011309 9010547 100 33 2532 PETROLIANCE LLC 8621752 DRUM DEPOSIT CREDIT O1/19/09 0 011309 20.00- 100.33.6250 0901 011309 GLJ7875 20.00OR 011309 9010548 100 33 2532 PETROLIANCE LLC 8619031 VEHICLE MAINTENANCE FLUIDS O1/19/09 0 011309 607.85 100.33.6250 0901 011309 GLJ7875 607.85 011309 9010549 100 22 17154 PETTIBONE & CO, P F 16836 EMPLOYEE UNIFORM ITEMS O1/19/09 0 011309 59.00 BROGAN 100.22.4510 0901 011309 GLJ7875 59.00 011309 9010550 100 03 17530 POLERECKY, ROSS CLOTHING ALLOWANCE REIMB O1/19/09 0 011309 94.95 100.03.4510 0901 011309 GLJ7875 94.95 011309 9010551 100 22 17542 POPP, LARRY UNIFORM DRY CLEANING REIMB O1/19/09 O 011309 13.25 100.22.4510 0901 011309 GLJ7875 13.25 011309 9010552 620 00 17547 PORTER LEE CORPORATION 7557 ANNUAL SUPPORT FEE O1/19/09 0 011309 1,150.00 EVIDENCE MGMT SYSTEM 620.00.5110 0901 011309 GLJ7875 1150.00 011309 9010553 100 22 19015 RADICOM INC 94807 ZETRON SERVER REPAIRS O1/19/09 O 011309 182.00 100.22.5370 0901 011309 GLJ7875 182.00 011309 9010554 100 22 19015 RADICOM INC 94829 BOOKING ROOM AUDIO REPAIRS O1/19/09 0 011309 400.00 100.22.5370 0901 011309 GLJ7875 400.00 011309 9010555 100 03 19144 REGNER, WILLIAM J CLOTHING ALLOWANCE REIMB O1/19/09 0 011309 109.67 100.03.4510 0901 011309 GLJ7875 109.67 011309 9010556 510 31 19157 REICHE'S PLUMBING SEWER 12/23/08 METER REPAIRS O1/19/09 0 011309 100.00 510.31.5110 0901 011309 GLJ7875 100.00 011309 9010557 610 00 19175 REX AUTO BODY 5661 VEHICLE REPAIRS O1/19/09 0 011309 833.55 610.00.5980 0901 011309 GLJ7875 833.55 011309 9010558 100 22 19310 RIVERSIDE ANIMAL CLINIC 3594 K-9 ESTA VET SERVICES O1/19/09 0 011309 298.30 100.22.6310 0901 011309 GLJ7875 298.30 011309 9010559 100 41 19764 RUSHING, RHONDA 1/13-20/09R-PARKS PROGRAM INSTRUCTOR O1/19/09 0 011309 125.00 100.41.5110 0901 011309 GLJ7875 125.00 011309 9010560 740 00 7 RYAN, NATHAN #11390RETAINED PERSONNEL REFUND 01/19/09 0 011309 167.50 740.00.3750 0901 011309 GLJ7875 167.50 011309 9010568 510 32 20174 S-F ANALYTICAL LABORATOR 8120915 ACUTE TOXICITY TESTS O1/19/09 0 011309 445.00 510.32.5110 0901 011309 GLJ7875 445.00 011309 DATE 1/13/2009 03:30 PM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 1/19/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE --------------------------------------------------------------------------------------------------------------------- 9010561 280 41 20430 SEC GROUP INC 355486KNOX PARK LIGHTING 01/19/09 0 011309 3,892.50 280.41.8800 0901 011309 GLJ7875 3892.50 011309 100-PKIMP 9010562 580 32 20430 SEC GROUP INC 355481MILLSTREAM DRIVE LIFT STATION 01/19/09 0 011309 5,572.50 580.32.8500 0901 011309 GLJ7875 5572.50 011309 580-BOONESW 9010563 580 32 20430 SEC GROUP INC 355480SCADA SYSTEM 01/19/09 0 011309 13,272.00 580.32.8500 0901 011309 GLJ7875 13272.00 011309 510-EQUIPSW 9010564 740 00 20430 SEC GROUP INC 355477LEGEND LAKES NH5 01/19/09 0 011309 3,459.85 740.00.5220 0901 011309 GLJ7875 3459.85 011309 9010565 740 00 20430 SEC GROUP INC 355479LEGEND LAKES NH 6-8 01/19/09 0 011309 950.00 740.00.5220 0901 011309 GLJ7875 950.00 011309 9010566 740 00 20430 SEC GROUP INC 35547BLEGEND LAKES NH 1 01/19/09 0 011309 1,270.00 740.00.5220 0901 011309 GLJ7875 1270.00 011309 9010567 100 22 20172 SEXTON, ERIC M K-9 ESTA DOG FOOD REIMB 01/19/09 0 011309 50.82 100.22.6310 0901 011309 GLJ7875 50.82 011309 9010569 100 22 20311 SIRCHIE FINGER PRINT LAB 501280SUPPLIES 01/19/09 0 011309 491.12 100.22.6210 0901 011309 GLJ7875 491.12 011309 9010570 300 00 20566 SPEER FINANCIAL Dll-08/43 PROFESSIONAL SERVICES 01/19/09 0 011309 389.51 300.00.7300 0901 011309 GLJ7875 389.51 011309 9010573 100 41 20733 ST PAULS EPISCOPAL CHURC JANUARY 09R-PARKS PROGRAM RENTAL SPAC 01/19/09 0 011309 833.25 100.41.5110 0901 011309 GLJ7875 833.25 011309 9010571 100 41 20710 STANS OFFICE TECHNOLOGIE 256643COPIER METER READING 01/19/09 0 011309 73.34 100.41.5110 0901 011309 GLJ7875 73.34 011309 9010572 100 XXXXX 20711 STAPLES BUSINESS ADVANTA 80114426000FFICE SUPPLIES 01/19/09 0 011309 36.69 100.00.6210 0901 011309 GLJ7875 294.76CR 011309 100.03.6210 0901 011309 GLJ7875 284.66 011309 100.02.6210 0901 011309 GLJ7875 10.10 011309 100.00.6210 0901 011309 GLJ7875 9.75 011309 100.33.6210 0901 011309 GLJ7875 26.94 011309 9010574 100 00 2 SUDSY WASH REFUND PERMIT #08-11-049 01/19/09 0 011309 30.00 100.00.3410 0901 011309 GLJ7875 30.00 011309 9010575 100 41 22511 UNIVERSITY OF ILLINOIS P 3/4-5/09 TRAINING CLASSES 01/19/09 O 011309 120.00 KITTL FRIEDLE ETTEN 100.41.5430 0901 011309 GLJ7875 120.00 011309 DATE 1/13/2009 03:30 PM CITY OF MCHENRY PAGE 9 LIST OF BILLS COUNCIL MEETING 1/19/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9010576 510 31 22669 USA BLUEBOOK 729577EMPLOYEE UNIFORM ITEMS O1/19/09 0 011309 82.17 REID 510.31.4510 0901 011309 GLJ7875 82.17 011309 9010577 510 32 23287 VIKING CHEMICAL COMPANY 185587/609CHEMICALS O1/19/09 0 011309 1,878.40 510.32.6110 0901 011309 GLJ7875 2328.40 011309 510.32.6110 0901 011309 GLJ7875 450.00OR 011309 9010578 100 00 2 ZALKE, PATRICIA REFUND PERMIT #08-11-024 01/19/09 0 011309 30.00 100.00.3410 0901 011309 GLJ7875 30.00 011309 9010579 100 01 27298 ZINANNI, VICKIE 10/26-29 IPELRA CONFERENCE EXPENSE R O1/19/09 0 011309 45.28 100.01.5420 0901 011309 GLJ7875 45.28 011309 9010580 100 33 10146 ZMT INC 19635 FLAT TIRE REPAIRS O1/19/09 0 011309 80.00 100.33.5370 0901 011309 GLJ7875 80.00 011309 9010581 100 33 10146 ZMT INC 19638 FLAT TIRE REPAIRS O1/19/09 0 011309 30.00 100.33.5370 0901 011309 GLJ7875 30.00 011309 EXPENDED LIQUID ACCRUAL GRAND TOTALS 316,378.51 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 53,807.18 260 ANNEXATION FUND 4,129.00 280 DEVELOPER DONATION FUND 206,995.50 300 DEBT SERVICE-1997A FUND 389.51 510 WATER/SEWER FUND 20,308.92 580 UTILITY IMPROVEMENTS FUND 18,844.50 600 EMPLOYEE INSURANCE FUND 3,705.00 610 RISK MANAGEMENT FUND 833.55 620 INFORMATION TECHNOLOGY FUND 1,485.50 740 RETAINED PERSONNEL ESCROW 5,879.85 **** 316,378.51 d AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: January 19,2009 Regular City Council Meeting RE: Temporary Use and Temporary Sign Variance for Firestone Complete Auto Care RECOMMENDATIONS: Approval of a temporary use to allow a grand opening event for Firestone Complete Auto Care at 3624 Diamond Drive on January 23,2009 Approval of a temporary sign variance,from January 20,2009 to February 20,2009,to allow grand opening signage in accordance with the attached site plan for the property at 3624 Diamond Drive Request Firestone Complete Auto Care, located at 3624 Diamond Drive in the Northgate West Shopping Center, is requesting a temporary use to allow a one day grand opening event on January 23, 2009 and a temporary sign variance to allow grand opening signage which exceeds the signage permissible by the zoning ordinance. The grand opening signage is proposed to be displayed for one month, January 20-February 20,2009. Staff Analysis Temporary Use The proposed temporary use is not unlike other temporary grand openings that the City has permitted in the past. Firestone is requeting permission to place two tire racks in the parking lot to hold up the grand opening sign, as well as stacks of tires adjacent to the building with promotional signage (see attached photos). Staff doesn't have any problems with this as long as the customer parking area is clearly delineated.and the various accessory structures do not obstruct traffic flow. There are plently of parking spaces in the lot for this type of event. Firestone is also requesting to erect a temporary 20' X 20' tent in the center of the parking area. Temporar Signage Variance In accordance with the City's zoning ordinance one 32 square foot temporary sign is allowed to be displayed for a maximum period of 30 consecutive days. The proposed grand opening banner is 15.66 square feet. In addition,however,the applicant is proposing the use of seven flexible flags, two 10' X 10' inflatable tires, which are considered signage, and a 15-20' tall red wind dancer inflatable sign (depicted in photos). The applicant would like to leave these signs in place for one month. Staff does not have any problems with this request. Dear McHenry City Council, My name is Rick Tomlinson Jr. I am the store manager of the new Firestone Complete Auto Care at 3624 Diamond Dr. and I would like your consideration for a sign variance. Our company Bridgestone /Firestone Retail Commercial Operations has opened this store in kind of the worst time of the year. We opened December 8 , 2008 and everyone in business knows that the first quarter of almost every year is the toughest part of the year. With that said I would like to ask for a variance to help promote our business and to promote our January 23rd grand opening. The chamber of commerce will be present for the ribbon cutting that day as will the President, Zone Vice-President, Marketing Director among other "top brass" from our company and other distinguished guests. Our store was built on a dead end about 100 yards from Route 31 and what better way to welcome all our "top brass" to McHenry the town I grew up in and hold very near to my heart than to have a grand opening to remember. I believe that if you can give us this variance this grand opening event will finally get my business off the ground which has been a big struggle to date. If there are any other questions you can contact me at the store on Diamond Dr., our phone number is 815-344-3779. Thank You again for your consideration, Rick Tomlinson Jr. Store Manager Firestone Complete Auto Care 3624 Diamond Dr McHenry , I160050 r c C c+. tj v C) s, IC &L q Lu O !� V 4 / aln o 7 -F-r } c w � . U W Z O H W m H U- fy � 5�-O/!� �0 VCR FY\ fG- a' A '}co o '1 co co r r O O u W%w - p ; za t As fA sj Y AM , z AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: January 19,2009 Regular City Council Meeting RE: Address Change for Shamrock Farms Property RECOMMENDATION: Approval of attached ordinance changing 533 North Draper Road (farmhouse)to 537 North Draper Road There are two homes on the Shamrock Farms property and both currently have the same address, 533 North Draper Road. There has been confusion in the past with mail delivery and emergency services because of the two homes having the same address. Attached are letters from Vern Schiller and George Johnson requesting an address change for the older farmhouse on the Shamrock Farms property from 533 North Draper Road to 537 North Draper Road. Stuff would recommend approval of the attached ordinance authorizing the change. v ' � " IM E DEC 0 z/a S?.4 i ka VERNON& JEAN SCHILLER 533 North Draper Road McHenry,IL 60050 December 30, 2008 Ryan Schwalenberg Building&Zoning Inspector City of McHenry 333 S. Green St. McHenry, IL 60050 Dear Ryan; This letter is in regards to our telephone conversation requesting an additional house address. Because of the new configuration of the driveways here at Shamrock Farm(533 North Draper Road),we are having problems with address identification with the fire department,police, and US Postal Service. Therefore,we are asking the city to issue a new address for the older farm house. Jean and I planning to reside at the 533 address for many years after the old farm house has been removed. Because all of our legal documents are registered under that number,we would greatly appreciate keeping that number(533)tied to our home. Any assistance that you can give us would be greatly appreciated. It you need any additional information from us please don't hesitate to call. Thank you. Sincerely, Vernon L. Schiller Phone: 815-385-4148 Cell: 815-382-3561 Jan q,5 09 09:17a Vernon L. Schiller 815-385-8146 p.2 GeOrge E.Johnson Pewssm Ave= Apt.6407 Chirp,J,6Db21 W.Ryan Schwatenberg Building&Z*mng hisspemor City of McHenry, 333 S.Gram St. McRmy,1L 50050 Re: A+ddms Change at 533 N Draper Road DewRyan, Altar readmg Veni's.IMer nd dLqcussiR&With, dm-tib,—PFOsPIM ofchmr&g the addrew, of the old farm honor(460 known-as 553 N.Draper Road),I too,agroe im the interest of sdety and vmMeW afcvz7cme ilm d that e*horn.on ibis property should Ism it&OWR add= �Yon have f my p=686M to gn.a and make any necessay chmgcstomake f*hmpm Vero also ink t4=tial 16 the is 'oa white lettrr3 addwftm in fin=of each hone � �the fQe ta°°er�OcY�,riCe ide�xltio6tx�cate. If Y,I any questiam oscommmls,pkase feel fro.to contact me or'V'em ScbM] r. �ieorge$. ORDINANCE NO. ORD-09 An Ordinance Providing for the Renaming of 537 North Draper Rd BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, as follows: SECTION 1: That 533 North Draper Road is comprised of two primary residences causing confusing to postal authorities in their daily business of distributing mail, and further, that the City of McHenry is hereby renaming the property as follows: PIN 09-32-300-017 Vern Schiller residence to remain 533 North Draper Road PIN 09-32-100-011 Property owned by George Johnson to be renamed to 537 North Draper Road as depicted and legally described on Exhibit A hereby attached. 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 thereof in conflict are hereby repealed to the extend of such conflict. SECTION 4: This ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: Passed and approved this day of , 2009. APPROVED: --------------------------------------------- Mayor ATTEST:------------------------------------------------------- City Clerk EXHIBIT A Legal Descriptions: PIN 09-32-100-011 SEC 32-45-8;S 100A N200A N1/2/EX DOCS 2002R0078445&95RO51577&EX PT DED DRAPER RD DEDICATED PER DOC 2003R0148194//606329 76.49AC PIN 09-32-300-017 SEC 32-45-8 ;PC W1/2&SE 1/4 N CEN OF DRAPER RD/EX PT DED DRAPER RD DEDICATED PER DOC 2003R0148194/1999R0027876.93AC N jwu��I TO: Mayor and City Council FROM: Douglas P.Martin,Deputy City Administrator FOR: January 19,2009,Regular City Council Meeting RE: Economic Development Plan COlVIl1ZMEE RECOMMENDATION: To direct staff to bring the Economic Development Plan for the City of McHenry to the City Council for consideration. The attached Economic Development Plan for the City of McHenry was prepared by staff with the input of the Economic Development Commission. It contains an introduction and the City's intentions in preparing the plan,the process used to prepare it, as well as the results of the S.W.O.T. (Strengths, Weaknesses, Opportunities and Threats) Analysis. Its purpose is to create a vision statement and goals and objectives necessary to establish that vision. The Community Development Committee considered this plan at their February 26, 2008 meeting (minutes attached) and directed staff to present the plan to the City Council for consideration. s iz McHe My' 1 N 1 1 1PLAN A Strategy 4�.. ... `�. .r � �,�w� .`�"��,`ate+�''��`�. `�►,-.. r _ -��`... '"•"-a•• A— to Preserve the Quality of • of McHenry CITY OF MCHEN'RY South Green Street enry,IL .00 • •• Fax:815-363-2119 .e 6 ' z ECONOMIC DEVELOPMENT PLAN N E A R T OF THE FOX RIVER t� TABLE OF CONTENTS Introduction .......................................................................................................................... 3 PlanProcess.......................................................................................................................... 4 CommunityProfile ............................................................................................................... 5 Overview......................................................................................................................... 5 Population....................................................................................................................... 6 Housing........................................................................................................................... 6 Income............................................................................................................................. 7 Education........................................................................................................................ 8 Workforce....................................................................................................................... 8 CityServices................................................................................................................... 9 FireProtection................................................................................................................. 10 CommercialActivity....................................................................................................... 10 IndustrialActivity........................................................................................................... 10 CommunitySelf Assessment................................................................................................ 11 S.W.O.T. Analysis.......................................................................................................... 11 Visionfor McHenry.............................................................................................................. 14 Economic Development Strategy......................................................................................... 15 Goals............................................................................................................................... 15 ActionPlan............................................................................................................................ 17 TABLES Table 1. Age Classifications(2000) 6 Table 2. Racial Classifications(2000) 6 Table 3 . City of McHenry Housing Units- 1980-2030 6 Table 4. Household by Type(2000) 7 Table 5. Average Home Sale Price/Number of Home Sales(2007) 7 Table 6. City of McHenry Household Income(2000) 7 Table 7. Median Household Income(2000)/Per Capita Family Income(2000) 7 Table 8. City of McHenry-Educational Attainment(2000) 8 Table 9. School District Statistics(2006) 8 Table 10. McHenry County Median Wages(2006) 9 Page 2 r ' W S Cf ECONOMIC DEVELOPMENT PLAN o HEART OF THE FOX RIVER Introduction McHenry is a unique community. We are located in one of the fast- E est growing counties in the United States,but have a distinctive, small-town charm. We are near the urban centers of Chicago and Milwaukee yet have easy access to recreational and agricultural op- portunities. We have a traditional downtown overlooking a scenic river but have several newer shopping areas to serve our growing population. These assets make McHenry a desirable place to work, iu live and play. In terms of economic development, the city has been fortunate. Major industrial users including Medela, Follett Library Re- sources, Fabrik Industries and Plaspros have located in the City's business parks. Centegra's Northern Illinois Medical Center (NIMC) campus calls McHenry home and provides emergency, in- and out-patient health care services to the City and surround- ing areas. Steady residential growth has resulted in significant commercial development. The north Richmond Road corridor has become a destination for shoppers in the northern Illinois and southern Wisconsin areas with numerous "big box"retailers and smaller chains. City leaders now face the challenge of maintaining this prosperity while protecting and enhancing the assets that make McHenry so attractive in the first place. This will not be an easy task. Transportation concerns including traffic congestion, lack of available funding for new roads, and inconvenient public transportation continue to plague the region. The availability of sanitary sewer in adjacent communi- ties means that the City faces the threat of losing existing businesses looking to expand or modernize and must now compete for new development. And finally, the demand for city services continues to increase, stretching the City budget to its limits. These challenges are not unique to McHenry. Throughout the Chicago-Metro area and the nation, sub- urban communities are struggling with the same issues and are looking to create advantages that will make their town stand out from the rest. The McHenry Economic Development Commission is aware of these challenges and decided to face them head on with the preparation of this Economic Develop- ment Plan. The Plan will help the City to focus its resources on actions that can be most effective in promoting a more prosperous economy for the 21 st century, while maintaining a hometown atmos- phere. It is important to remember that this Plan is a living document to be reviewed annually to determine progress and/or be adjusted in response to changes in the economic development environment. Page 3 ��■ C Z W V ECONOMIC DEVELOPMENT PLAN HEART OF THE FOX RIVER B Plan Process The Economic Development Commission agreed upon a 8-step process for preparing this plan: 1) Create an Economic Vision for McHenry. An Economic Vision is the formal expression of what a local government and its citizens want their community to be in the future. 2) Compile Background Information. To have a successful plan, you need to understand what you have and what forces are affecting land use and development decisions. What are McHenry's as- sets and liabilities? What attracts residents and businesses to McHenry? What is the make-up of our residents(young/old, wealthy/poor, educated/uneducated, etc.) and workforce? 3) Establish Economic Development Goals. Goals are"Big Picture"ideas. However, they should be clearly defined rather than"apple pie" statements such as "provide good jobs for all residents." 4) Establish Objectives. Objectives provide standards and methods to meet the stated goals. 5) Develop Specific Actions. Actions are the specific steps that must be taken to meet the stated goals and objectives. These are very detailed and focused and are where most of the leg work occurs. 6) Develop an Implementation Strategy. An implementation strategy states how will things get done. It will identify roles and responsibilities, assign tasks and establish deadlines and milestones. 7) Measure Success/Failures. As strategies are implemented, you must evaluate what strategies are working and why. Celebrate successes and get the word out. Analyze and make adjustments to strategies that are not working. 8) Monitor Plan on a Regular Basis. The plan need to be frequently evaluated because markets, tech- nology and other factors are constantly changing. After agreeing on the process, the Commission decided to hold a retreat to talk about the various steps in the process and to begin discussing specific components of the Plan. Participants conducted a SWOT (Strengths, Weaknesses, Opportunities and Threats) Analysis, discussed their vision for McHenry, and started to identify possible goals and objectives for the Plan (see appendix). Page 4 W.' a: ECONOMIC DEVELOPMENT PLAN 0 HEART OF THE FOX RIVER L7 Community Profile Overview Madison— McHenry is situated along the Fox River, about 151 . ® Muwaokee t i 50 miles northwest of Chicago. Just minutes away from Interstates 90, 94, 43 and 39, McHenry is served by METRA, the Chicagoland Janesville _ Racine j commuter rail service, and PACE suburban bus 50 sh,Keno service. McHenry t McHenry is a vibrant community of 25,000 peo- 20 wauke°an Rockford ple. Since 2000, the City has issued permits for 2,133 new housingunits averaging a 3-4% b` g Arlin°ton Hei°hts growth rate per year. With this expanding popu- a� Schaumburg Evanston" lation base, the City has been able to attract over Wheaton Chicago 750,000 square feet of new retail development, ao making it a shopping destination for northern I11& 10 Aurora oak Lawn r nois and southern Wisconsin consumers. Gary• McHenry's industrial job base is also strong and 5, Joliet ` is home to several large employers, including: r==::�z5 km ®_., 0 Follett Library Resources, Follett Software, 02005Yahoo!Inc Medela, Inc., Fabrik Industries, and several plas- N tic injection molding companies. McHenry is Location Map also home to Centegra Northern Illinois Medical w E Center, a Level 11 Trauma Center, a brand new S state of the art heart surgery center and the highly-respected Sage Cancer Center. Despite this growth, McHenry has been able to retain its small town character. Veterans Park, in McHenry's downtown, continues to draw in crowds during the summer band concert series, farmer's market and various special events. Petersen Park, McHenry's community park site, hosts several festi- vals during the year, including the annual Fiesta Days celebration. The Soap Box Derby, Miss McHenry Pageant and Antique Tractor Show have become annual events attracting persons from throughout the county, state and nation. As part of the City's commitment to the downtown, the first phase of the McHenry Riverwalk has been completed. When all phases are completed, the riverwalk will stretch for nearly a mile along the Fox River and Boone Lagoon. The City of McHenry offers the following: Full-Time City Administrator with professional planning and building staff Municipal sanitary sewer and water service • 633 acres of local parks, municipal pool and special event/recreational programming Police Department with 51 sworn officers Fire Protection District with 151 Firefighters and a Class "4"Fire Insurance Rating Public Library Facility, 28,000 sf. Page 5 ®• W S ECONOMIC DEVELOPMENT PLAN o a HEART OF THE FOX RIVER a Population The last full census was conducted in 2000 and the City's population was 21,501. The under 15 age group accounted for 24% of the City's population, while 18%were over the age of 55 (see Table 1). Of the total population, white was the predominant race of persons living in McHenry(94.2%). Per- sons of Hispanic or Latino origin accounted for 7.1% of the total population(see Table 2). Age Classifications(2000) Racial Classifications(2000) e Group Total Population Race Total Population Under 15 5,151 24% White 20,25094.2% 15-19 1,496 7% Black 75 0.3% 20-24 1,168 5.4% American Indian, 25-34 3,211 14.9% Alaska Native 45 0.2% 35-44 3,82817.8% Asian/Hawaiian 200 0.9% 45-54 2,778 12.9% Other Race 711 3.3% 55-64 1,502 7% 65 and Over 2,367 11% Hispanic Origin Total 21,501100% Of Any Race 1,527 7.1% Table 1. Table 2. A partial special census was taken in 2004 and the population of McHenry grew by 14%to 24, 493. To capture the additional growth occurring since 2004, the City will again conducted a partial special cen- sus in 2008. Housing In recent years, McHenry has seen significant housing growth. From 2000 to 2008, the number of housing units in the City increased by 26% (see Table 3). 20,000 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 1980 1990 1996 2000 2008 2010 2030 City of McHenry Housing Units-1980-2030 Table 3. Page 6 . z W 2 V ECONOMIC DEVELOPMENT PLAN 0 a HEART OF THE FOX RIVER fl Housing, cont. The majority of the housing stock in McHenry is detached single-family homes (71%). In recent years, the number of townhome units has increased significantly and now makes up about 11% of the total number of housing units. According to 2000 census figures, over 76% of units were owner-occupied and the homeowner vacancy rate was 1.2%. Over 70% of households were family households. The average household size was 2.70 persons and the average family size was 3.25 persons (see Table 4). Household by Type(2000) Type Total Households Family 5,560 70.6% Married-couple 4,592 57.2% Female HH 749 9.5% Non-Family 2,312 27.4% HH living alone 1,942 24.7% Vacant 255 2.0% m Avg. HH Size 2.70 Avg. Family Size 3.25 Table 4. The majority of McHenry's housing stock (75.6%) was con- Average Home Sale Price(2008) structed after 1970. However, the City has several historic older Tyoe Price homes in the downtown areas that date from the 1800's and early 2-Bedroom $146,361 1900's. 3-Bedroom $199,140 4=Bedroom $269,122 The average sale price of a single-family home in McHenry in Number of Home Sales(2008) 2007 was $240,557. Type Number 2-Bedroom 83 3-Bedroom 236 Income 4-Bedroom 106 Income information for both the City of McHenry and McHenry County is as follows: Table 5. City of McHenry Median Household Income(2000) Household Income(2000) - City of McHenry $55,759 Income %of Total McHenry County $71,945* $14,999&Under 7.7 Nation $41,349 $15,000 to$34,999 20.4 $35,000 to$49,999 14.8 Per Capita Family Income(2000) $50,000 to$74,999 25.3 City of McHenry $23,272 $75,000&Over 31.7 McHenry County $29,699* State of Illinois $23,267 Nation $21,690 Table 6. *estimate,in 2006 inflation-adjusted dollars Table 7. Page 7 �w Y ECONOMIC DEVELOPMENT PLAN c HEART OF THE FOX RIVER ci Education McHenry is served by McHenry Elementary School District 15, McHenry High School District 156 and Community College District 528. McHenry Elementary School District 15 McHenry Elementary School District 15 serves 4,851 students, grades K through 8. The district is composed of 6 elementary schools and 2 middle schools covering a geographical region of 41 square miles. The district employs 261 teachers to work with its current student enrollment. The mobility rate for the district is 10.1, while the rate of low-income students is 17.2 and limited English proficiency is 5.7. The attendance rate was 95.2 in 2007. McHenry High School District 156 McHenry High School District 156 serves 2,458 students in two campuses. The district has 140 full- time teachers. The mobility rate is 14.3, while the rate of low-income students is 4.9 and limited Eng- lish proficiency is 2.1. The attendance rate was 93.2 in 2007. City of McHenry-Educational Attainment School District Statistics(2006/2007) (2000) Elementary District 15(K-8) Age 25+ Pupil Teacher Ratio 22.6:1 Level %of Total $Spent per Pupil $4,315 Less Than 9th Grade 4.2 Total Enrollment 4,851 High School, No Diploma 8.6 High School Graduate 32.1 High School District 156(9-12) Some College, No Degree 26.4 Pupil Teacher Ratio 20:1 Associates Degree 6.7 $Spent per Pupil $5,538 Bachelors Degree 16.3 Avg.ACT Score 20 Graduate Degree/Prof. Deg. 5.7 %Graduated 93.5% Total Enrollment 2,458 Table 8. Table 9. McHeM County College District 528 McHenry County College(MCC)was founded in 1967,just two years after the community college system was established in Illinois in 1965. MCC provides credit and non-credit educational and train- ing opportunities as well as special events for close to 60,000 participants annually. The college serves the fifth most rapidly growing county in Illinois and offers six associate's degrees and 17 Associate of Applied Science degrees. MCC also offers free adult education (including ESL and literacy classes), and free GED classes. Workforce The industry mix in McHenry County is led by manufacturing (21%), trade, transportation and utilities (20%) and education and health services (18%). There are over 70 manufacturing companies head- quartered in McHenry County. Some of the cluster industries include plastics, electronics and mining. The McHenry County labor force is 177,370, with a 4.8%unemployment rate as of June 2007. The city of McHenry(60050 area code)has a total employment of 17,473 persons (2005 estimate). w--of 'Page 8 W S ECONOMIC DEVELOPMENT PLAN 0 HEART OF THE FOX RIVER Workforce, Cont. A sampling of median wages for businesses in McHenry County is found in the following table: McHenry County Median Wages(2006) Occupational Title (Hourly Wage) Occupational Title (Hourly Wage) General Office Clerk $11.06 Accountant $26.74 Salespersons, Retail $9.81 Registered Nurses $45.99 Cashiers $8.85 Drafters $16.95 Bartenders $6.82 Librarians $22.11 Pharmacy Technicians $11.89 Machinists $12.66 Child Care Workers $9.77 Automotive Mechanics $16.41 Recreation Workers $10.12 Carpenters $22.97 Hand Packers $10.92 Counselors $28.58 Cooks,Short Order $8.90 Mechanical Engineers $32.12 Cooks, Restaurant $8.21 Lawyers $39.36 Receptionists $9.85 Pharmacists $42.03 Nursing Aides $10.73 Cost Estimators $22.14 Production Workers $13.72 Computer Programmer $24.63 Table 10. City Services The City of McHenry has a part-time Mayor and seven-member City Council. The City is divided into seven wards and has a full-time City Administrator to handle the day-to-day operations. McHenry has 160 full-time employees and a budget of$40,404,268 (FY08-09). Construction and Neighborhood Services The Construction and Neighborhood Services Department reviews new development, issues building permits and conducts inspections on all construction activity in the City. Since 2002, the department has issued over 1400 building permits annually. The number of permits issued for new residential dwelling units over that same time period totals 1669, an average of 334 per year. Finance Department The Finance Department handles the day-to-day monetary functions of the City. Parks and Recreation Department The City operates 35 local parks and playgrounds, consisting of 633 acres, including a municipal swim- ming pool, freshwater lake/beach, McHenry Zone Skate/Bike Park and lighted tennis courts. The City also coordinates special events and recreational programming(preschool, dance, swimming,horseback riding, organized athletic leagues) for children and adults in McHenry and the surrounding area. Page 9 ter.: ECONOMIC DEVELOPMENT PLAN 0 HEART OF THE FOX RIVER ci City Services, (cont) Police Department The McHenry Police Department has 51 Sworn Officers (2.61 officers per 1,000 residents) and two Community Service Officers. The Department's budget for FY 2008-09 is $7,735,331. Public Works Department The Public Works Department maintains the City's infrastructure system including two waste water treatment plants (4.5 mgd capacity), 4 water plants with a 5th being planned, four(4) water storage tanks ranging in size from 500,00-1,000,000 gallons, hundreds of miles of pipe and approximately 130 miles of roads. McHenry Township Fire Protection District The City of McHenry is served by the McHenry Township Fire Protection District, which includes fire protection and ambulance services. The McHenry Township Fire Protection District currently operates out of three stations including one in McHenry on Illinois Route 120 at Richmond Rd. They also oper- ate out of stations in Johnsburg and Lakemoor and recently finished constructing a fourth station which is located on Dartmoor Drive immediately west of Curran Road in the Legend Lakes Subdivision. In addition, the district owns property east of the railroad tracks on the north side of Bull Valley Road ad- jacent to the Kresswood Trails Subdivision. Commercial Activity Since 2000, the City has seen the construction of nearly 1 million square feet of new retail develop- ment, including numerous "big-box" stores and national retailers and restaurants. The City's major highway commercial corridor is Route 31 (Richmond Road). Many shopping centers are located all along this corridor adding to the City's sales tax revenue base. Industrial Activity The City has 5 business and industrial parks throughout town. Many major employers are located within those parks, including: Medela, Inc., Follett Library Resources, Fabrik Industries and many oth- ers. In addition, the Northern Illinois Medical Center(NIMC) is located within the City and employees approximately 3,500 people. rftg�e10 Y W 2 : ECONOMIC DEVELOPMENT PLAN 0 HEART OF THE FOX RIVER Community Self Assessment To be successful with an economic development program, a community must understand its strengths and weaknesses. Without knowing these characteristics and narrowing its focus, a community will struggle and not meet its full potential. Conversely, a community that understands its characteristics and knows what businesses fit those characteristics will be more focused and successful. Less time, both the community's and a businesses, will be wasted working with a business that just doesn't fit in with the community's characteristics. The previous chapter discussed specific facts and figures for the City. That information is important for understanding the current make-up of McHenry- what we are and what we have. It is relatively easy to evaluate this information and determine certain strengths and weaknesses based on established criteria. For example,based on the amount of park acreage, the City may be strong in the provision of park land for its residents. Or,perhaps the ratio of police officers to residents is in line with recom- mended standards. Another important factor in determining strengths and weaknesses is perception. How is McHenry perceived by its residents, employers and elected officials? What are it's attributes and what are it's shortcomings? While many of these comments may be subjective, they offer impor- tant insight and are useful in developing goals and objectives for this plan. S.W.O.T. Analysis One of the first steps taken in the STRENGTHS AND WEAKNESSES development of this plan was to City of McHenry conduct a S.W.O.T. (Strengths, Items most frequently identified at the February 2007 EDC Retreat Weaknesses, Opportunities and Threats) Analysis. During the EDC Retreat in February of Weaknesses 2007, participants were asked to Strengths Road system/traffic flow/traffic identify McHenry's strengths, Fox River capacity weaknesses, opportunities and Special Events Three downtown areas threats. Hospital ,medical professionals Lack of public transportation Rail Service —commuter Lack of grocery store on south/ Strengths and Weaknesses. The Available land for development west sides most frequently identified Natural Resources—City Parks, Gateways into City are lacking strengths were the Fox River, the State Parks Public swimming pool too small special events held in the City, Recreational opportunities Downtown Parking Centegra/NIMC Hospi- Affordable housing tal/medical professionals and the Strong retirement communities/ METRA commuter rail service. senior population The most identified weakness Job market opportunities had to do with traffic - the road system., flow of traffic, and ca- pacity. A list of all responses can be found in Table Page 11 W ECONOMIC DEVELOPMENT PLAN o , T !' HEART OF THE FOX RIVER 0 Strengths and Weaknesses Identified at the EDC Retreat Strengths Weaknesses River(3) Road system/traffic flow/traffic capacity(3) Special Events(3) Three downtown areas(2) Hospital(3),medical professionals Lack of public transportation(2) Rail Service(3)—commuter Lack of grocery store on south/west sides(2) Available land for development(2) Gateways into City are lacking(2) Natural Resources—Parks(2), State Parks Public swimming pool too small(2) Recreational opportunities(2) Downtown Parking(2) Affordable housing(2) Downtown parking visibility Strong retirement communities/senior population(2) Lack of directional and informational signage Job market opportunities(2) Lack of pedestrian-ism Location-proximity to Chicago,Milwaukee,Rockford Pride of ownership of buildings Proximity to major transportation hubs(O'Hare, Building facades—eclectic architectural styles Mitchell Field) WW Treatment Plant located in downtown Small town feel No anchors on Riverside Drive Hometown pride,loyalty to community No bed and breakfast establishments Friendly people School system reputation Strong business commitment to community Schools—classroom size,financial responsibility, feed- Housing options back and participation Service organizations Lack of input from school board on development issues Taxing bodies work together High schools Progressive leadership Lack of participation by Hispanic community Strong Fire Protection District Storefront vacancies Chamber of Commerce Isolated shopping areas Retailers-Restaurants—national chains, Shopping Hub Lack of banquet facility Business Parks/Clean Industry Diversity of restaurants,lack of family restaurants Strong banking presence No specialty clothing stores Hotels No Super Wal-Mart Riverwalk Overabundance of banks Downtown Excess of office space Population diversity and stability Inadequate amount of affordable housing Low crime rate Lack of community involvement Good financial reserves-City is fiscally sound Lack of tourism draw Controlled growth City park is too small Churches,multiple denominations Lack of indoor rec facilities,no rec center Infrastructure Lack of entertainment for teens Safety on bike path(Bull Valley Rd./RR crossing) The Fox River is considered one of McHenry's many strengths. 'Nueva .; , Page 12 Y a z ` ' W S ECONOMIC DEVELOPMENT PLAN 0 HEART OF THE FOX RIVER U Opportunities and Threats Participants were also asked what they saw as opportunities and threats to the City. The theme surround- ing most of the opportunities identified by the participants was the river (the Riverwalk, tourism a public boat launch and pier parking for boats). The major threats identified were the lack of funding from the State of Illinois for projects especially roads, competition and growth in other communities and major em- ployers leaving the City. Opportunities and Threats Identified at the EDC Retreat Opportunities Threats. Riverwalk—ability to tie downtown's together Funding from State, especially roads Tourism—draw people to City of McHenry Competition from other towns Vacant land offers ability to plan and avoid past Growth in other communities mistakes Schools—involvement,perception and lack of Public boat launch information Pier parking for boats Major employers leaving City of McHenry Metra service increase Rising housing costs Marketing Rising oil/gas costs Financial incentives for fagade improvements Loss of Metra service Better utilizing volunteerism Changing demographics Complacency J. N� f E ,f ��rE o a �x G1 Y The McHenry Riverwalk and it's potential to bring in tour- ism dollars is a great opportunity for the City. Page 13 —� , Z W ECONOMIC DEVELOPMENT PLAN W O HEART OF THE FOX RIVER cc) Vision for McHenry The vision statement answers the question, "What do we want McHenry to be in the future?" and pro- vides the foundation for the goals and objectives of the plan. When discussed at the EDC retreat,re- spondents had similar themes: • Create a vibrant downtown. • Encourage strong economic growth while preserving a sense of community. • Maintain a small-town feel while having big city amenities. • Create a place you go to feel at home. • Encourage growth without additional taxes for services and infrastructure. • Attract quality merchants (committed to the community) that attract quality customers. • Become a destination. With these themes in mind, the vision statement for McHenry is: VISION STATEMENT FOR THE CITY OF MCHENRY I A thriving city that promotes smart, sensible growth while preserving and enhancing its small-town charm. r� McHenry Municipal Center Page 14 Y, W i V ECONOMIC DEVELOPMENT PLAN 0 - HEART OF THE FOX RIVER V Economic Development Strategy Now that we know what we want McHenry to be in the future, how do we get there? This is one of the most important questions this plan will answer. To realize the future vision of McHenry, we must have a strong, yet realistic strategy for getting there. A strategy that will build upon the City's strengths and work to eliminate weaknesses. A strategy that will capitalize on the many opportunities available and minimize threats to our success. Goals The first part of a successful economic development strategy is to formulate goals. Goals are the end result toward which all effort is directed. Goals must be specific, measurable and realistic. This plan has eight(8) goals it seeks to have accomplished: GOAL 1.0: CREATE A VIBRANT DOWN- TOWN Goal: McHenry already faces the challenge from Merriam-Webster Dictionary of having three distinct downtown Pronunciation: 'gOl, chiefly Northern areas. Keeping these areas alive and especially in lb and 3a also 'giil vibrant is critical to the economic Function: noun success of the City. What can the Etymology: Middle English gol boundary, limit City do to ensure that the downtown 1 a : the terminal point of a race b : an area to be areas thrive in the face of current de- reached safely in children's games velopment pressures? 2 :the end toward which effort is directed: AIM 3 a : an area or object toward which players in GOAL 2.0• DEVELOP AND IMPLEMENT various games attempt to advance a ball or puck • STRATEGIES TO RETAIN EX- and usually through or into which it must go to ISTING BUSINESSES IN THE score points b : the act or action of causing a ball CITY or puck to go through or into such a goal c : the score resulting from such an act McHenry has strong industrial, healthcare and retail sectors. Be- cause of ever-changing economic conditions, businesses in these sectors must stay lean and watch the bottom line in order to stay competitive in the global economy. Relocation, consolidation and closings of struggling businesses are all possibilities What can the City do to increase the likelihood that these business sectors stay in McHenry and what can be done to prepare ourselves in the event a major player leaves? GOAL 3.0: ENHANCE THE EXISTING RETAIL BASE McHenry is fortunate to have a substantial retail base, with several big-boxes stores, nu- merous national retailers and vehicle dealerships. Are there retailers that the City is lack- ing or other retailers that might complement existing businesses? How can the City en- tice these businesses to locate in McHenry? Page 15 �—• _ F W 2 g, ECONOMIC DEVELOPMENT PLAN c HEART OF THE FOX RIVER a GOAL 4.0: ENCOURAGE RETAIL DEVELOPMENT ON THE SOUTH SIDE OF THE CITY The north side of McHenry has emerged as a shopping destination for City residents as well as for northern McHenry County and southern Wisconsin residents. Although the City has enjoyed the increase sales tax revenues from this development, residents on the south side of the City are left with the choice of fighting traffic to get to the stores on the north side or going south to other communities. What can the City do to encourage re- tail growth on the south side of town and keep sales tax dollars in the City? GOAL 5.0: MARKET MCHENRY AS A CHARACTER COUNTS! COMMUNITY AND A GREAT PLACE TO LIVE,WORK PLAY AND VISIT McHenry is a great place to live, work and play. We know this because we experience it first hand. But how do we get the word out to others? What marketing strategies can we use to attract new residents and new businesses, and how can we attract more people to the numerous special events held in the City each year? CHARACTER COUNTS! is a framework centered around basic values called the Six Pillars of Character: trustworthiness, respect, responsibility, fairness, caring and citizenship. The City of McHenry fully supports and embraces these values and should utilize this way of life as a marketing strategy to others wishing to live and visit the City. Tourism is considered one of the largest untapped revenue sources. Tourists can spend significant dollars in a community with little impact on public services. While McHenry on its own is unlikely to become a tourist destination, there are specific facili- ties (i.e., the Riverwalk) and special events that can attract tourists. What can the City do to attract tourists to McHenry? GOAL 6.0: CREATE OPPORTUNITIES FOR INDUSTRIAL,JOB GENERATING DEVEL- OPMENT AND WORK TO LOCATE A FACILITY FOR LARGE-SCALE MEETINGS AND EVENTS IN THE CITY McHenry has a strong industrial base. What can be done to ensure that there is adequate land for new industrial development and what new industrial development is appropriate for the City? Lack of a large banquet/meeting hall in the City has long been identified as a shortcom- ing. Having a local facility would allow local businesses to stay in town when having banquet/meeting events and would provide an alternative location for larger private events. What can the City do to make construction of such a facility happen? Page J1 C • Z W S U ¢ ECONOMIC DEVELOPMENT PLAN 0 s !' HEART OF THE FOX RIVER U Action Plan Now that the City's goals have been identified, specific objectives and actions items are needed to ensure that the goals can be met. The objectives and actions listed after each goal are more spe- cific and focused and provide the nuts and bolts for being successful. GOAL 1.0: CREATE A VIBRANT DOWNTOWN Obiective 1.1 - Complete the Remaining Phases of the Riverwalk Action Items: a. Continue with the preparation of construction plans and prepare legal documents necessary to secure the land for future phases of the Riverwalk in order to mini- mize potential delays. b. Recruit developers for mixed-use projects near the Riverwalk. Focus recruitment efforts on developers of successful downtown redevelopment projects and establish a list with contact names and numbers. C. Promote the Tax Increment Financing (TIF) District to potential developers as a financial incentive. d. Work closely with the Riverwalk Foundation to identify potential funding sources and donors to fund future construction phases. e. Promote the Riverwalk through the City's website, newsletter and marketing bro- chures. Obiective 1.2-Provide Additional Public Parking for Downtown Businesses Action Items: a. Compile an inventory of existing parking spaces, including number, location and limits/restrictions. Prepare and maintain a map delineating this information. b. Inventory existing development square footage and determine parking needs based on current zoning ordinance requirements. Use this information to determine areas with high or low concentrations of parking as they relate to existing/planned devel- opment. C. Identify parcels suitable for additional public parking and protect those parcels from private development. d. Maintain existing on-street parking where feasible. e. Encourage new development to utilize underground parking or parking structures that have spaces designated for public use. Obiective 1.3-Encourage Quality Businesses and Attractions that Draw a Critical Mass to the Downtown Areas. Action Items: a. Inventory downtown uses to determine the existing business mix. b. Analyze the existing business mix to identify strong/weak sectors and use the infor- mation to develop a list of opportunities for new businesses. Page 17 ECONOMIC, DEVELOPMENT PLAN G '. � HEART OF THE FOX RIVER u GOAL 1.0: CREATE A VIBRANT DOWNTOWN, cont. C. Survey property owners, residents and general public as to what types of businesses they would like to see in the downtown areas. d. Recruit businesses that will compliment existing businesses, fill a niche or create a new specialty market. e. Recruit uses that will contribute to the vitality of the downtown by bringing in per- sons at varying times during the day and night. Large employers and entertainment uses are encouraged. f, Continue to utilize Veteran's Park for special events, festivals and farmer's markets and promote special events by creating a special events brochure listing annual ac- tivities, dates, etc. Obiective 14-Encourage New,Multi-Family Housing in the Downtown. Action Items: a. Identify sites suitable for new,multi-family housing and market these sites to hous- ing developers. b. Higher densities (20-25 units per acre, not to exceed five stories)must be accom- modated in order to provide a population base that will support downtown busi- nesses. C. Transit-oriented design guidelines, as published by Metra, the American Planning Association and Urban Land Institute, should be used in the design of new multi- family housing. d. All new development must be sensitive to the historic character of the downtown areas and meet established design guidelines. Historic structures should be main- tained, where feasible. Obiective 1 5- Create,Implement and Market Financial Incentives and Technical As- sistance to Encourage Reinvestment in Downtown Buildings. Action Items: a. Research programs that can provide financial incentives to downtown property owners reinvesting in their property, such as low-interest loans and grants. b. Explore and evaluate opportunities to fund financial incentives (grants, loans, TIF, general fund, etc.). Implement programs only when there is an adequate means to fund the program for an extended time period. C. Refer property owners to the Landmark Commission for input on proposed im- provements to maintain historic integrity of structures. d. Maintain an architect or local architectural historian on retainer to provide addi- tional input to property owners. e. Promote the City's existing fagade improvement grant program through the City Newsletter and website. Develop a brochure for handout/mailing. Page 1-8 a m W S C1 ECONOMIC DEVELOPMENT PLAN W O HEART OF THE FOX RIVER U GOAL 1.0: CREATE A VIBRANT DOWNTOWN, cont. Obiective L 6- Work to Reduce the Number of Storefront Vacancies. Action Items: a. Maintain an inventory of vacant storefronts in the downtown areas and market these sites to suitable tenants as indicated in Objective 2.3. b. Maintain an inventory of vacant and underdeveloped sites in the downtown areas and market these sites to developers. Obiective 1.7-Keen in Close Contact with Metra as they Plan for Future Changes to the Union Pacific Line. Action Items: a. Monitor Metra's discussions and progress on expanded service. b. Encourage the provision of additional train service to McHenry. C. Enhance and improvement he train station parking lots. d. Train Station improvements Objective 1.8- Tie the Main Street. Green Street and Riverside Drive Downtowns To- ee then. Action Items: a. Install uniform directional signage to direct persons to downtown areas such as Veteran's Park, Riverwalk, public parking, etc. and to tie the three downtown areas together. b. Consistent materials for sidewalks, landscaping C. Locater kiosks d. Historic district GOAL 2.0: DEVELOP AND IMPLEMENT STRATEGIES TO RETAIN EXISTING BUSINESSES IN THE CITY Obiective 2.1 - Inventory Existing Businesses in the City. Action Items: a. Develop a database of existing retail businesses in the City. Update semi-annually. b. Develop a database of existing industrial businesses in the City. Update semi- annually. Page 19 s m x ECONOMIC, DEVELOPMENT PLAN d. H EARTOF THE FOX RIVER ,.0 GOAL 2.0: DEVELOP AND IMPLEMENT STRATEGIES TO RETAIN EXISTING BUSINESSES IN THE CITY, cont. Obiective 2.2- Identify Strong and Weak Market Sectors. Action Items: a. Analyze the business inventory to identify strong and weak market sectors. b. Direct recruiting efforts at businesses that compliment strong market sectors. C. Review weak market sectors to determine continued viability in the City,where appropriate, direct recruiting efforts at businesses that can bolster and enhance weak sectors. d. Identify at-risk businesses and contact monthly to stay abreast of potential closings or layoffs. Obiective 2.3-Establish a Dialogue with Existing Businesses Action Items: a. Meet semi-annually with retailers to discuss issues, needs and concerns. Compile a list of retail contact persons to establish an on-going dialogue. b. Contact ten industrial businesses per month to discuss issues, needs and concerns. Compile a list of industrial contact persons to establish an on-going dialogue. C. Work to provide solutions to address identified issues, needs and concerns and pro- vide follow-up with business contacts. Obiective 2.4-Identify Available Economic Development Tools That Can be Used for Business Retention. Action Items: a. Contact MCEDC as-needed or at a minimum every month to share information. b. Contact Illinois DECO as-needed or at a minimum every three(3)months to stay abreast of available grants and programs for businesses. C. Become familiar with and provide support for programs to assist small and start-up businesses. Obiective 2.5-Increase Awareness of Existing City Businesses. Action Items: a. Develop marketing brochures to promote various retail sectors in the City (restaurant guide, specialty business guide, downtown business guide, etc.). b. Install locator kiosks providing information on downtown businesses. C. Recognize the contribution of existing businesses to the City by acknowledging milestone anniversaries and expansions at City Council meetings, in City Newslet- ter and on website. Page 20 s c W S ECONOMIC DEVELOPMENT PLAN c HEART OF THE FOX RIVER A GOAL 3.0: ENHANCE THE EXISTING RETAIL BASE Objective 3.1 -Recruit New Retail Uses to in the City. Action Items: a. Survey residents thru the City newsletter and other means to determine the types of retail businesses residents would like to have. b. Evaluate the business inventory to determine over served and underserved mar- kets. C. Identify and Actively Market Locations in the City where population is under- served by retail. d. Plot out existing retail centers in the City to determine distances from existing sub- divisions. Objective 3.2-Develop a Creative Marketing Approach to Attract New Retailers Action Items: a. Contact five new retailers each month to let them know the qualities of McHenry and to establish a dialogue with the City. b. Create a clever marketing slogan for McHenry to reach out to retail uses not cur- rently located in the City Objective 3.3- Work with the Chamber of Commerce to identify needs and wants. Action Items: Meet with the downtown merchants groups and other established retail groups on a quarterly basis to discuss wants. Page 21 ECONOMIC DEVELOPMENT PLAN ' c HEART OF THE FOX RIVER U GOAL 4.0: ENCOURAGE RETAIL DEVELOPMENT ON THE SOUTH SIDE OF THE CITY Objective 41 -Identify Potential Parcels Suitable for Large Retail Developments. Action Items: a. Inventory parcels 20 acres or larger along major roads south of the McHenry/ Nunda Township line and maintain a database with parcel information, utility in- formation and contact name. b. Review parcels for potential environmental,topographical or other concerns that may impact ability to develop site. C. Compile demographic information within 1-mile, 5-mile and I 0-mile radius of po- tential retail sites. Obiective 4.2-Identify Potential Retailers Suitable to Locate on the South Side. Action Items: a. Survey south side residents, major employers and commuters to determine wants. b. Evaluate existing retail inventory to determine what retail uses are appropriate in new developments (grocery store, restaurants, auto dealers). Obiective 4.3-Market Parcels to Brokers and Anchor Retailers. Action Items: a. Place relevant parcel information on City's website. b. Contact brokers and retailers and provide parcel information and demographics. Obiective 4.4-Ensure Adequate Infrastructure is Available when new Development is Ready for Construction. Action Items: a. Contact IDOT and/or MCDOT to identify necessary roadway improvements and access possibilities for new developments. Coordinate planned improvements to reduce b. Consult City's Master Plan for Utilities to determine needed improvements for sanitary sewer and water. C. Work with state a local officials to obtain funding for needed infrastructure im- provements. [Page';22 rc z W S O ECONOMIC DEVELOPMENT PLAN 0 a i- HEART OF THE FOX RIVER GOAL 5.0: MARKET MCHENRY AS A CHARACTER COUNTS! COMMUNITY AND A GREAT PLACE TO LIVE,WORK PLAY AND VISIT Obiective 5.1 -Develop an Integrated Campaign to Effectively Market McHenry as a Great Place to Live, Work and Play. Action Items: a. Advertise good school systems. b. Promote affordable housing. C. Advertise strong work force. d. Market good shopping opportunities. e. Promote McHenry through various media. Obiective 5.2-Develop an Integrated Campaign to Effectively Market McHenry as a Great Place to Visit and Spend a Weekend Action Items: a. Promote the Riverwalk as a Tourist Destination. b. Promote the Historic District as a Tourist Destination. C. Market and Promote Special Events Held in the City. d. Encourage a Variety of Nighttime Activities. e. Actively Pursue CABA or Other Regional/National Organizations to Hold Events in the City. f. Continue Participating in the McHenry County Tourism Bureau. GOAL 6.0: CREATE OPPORTUNITIES FOR INDUSTRIAL,JOB GENERATING DE- VELOPMENT AND WORK TO LOCATE A FACILITY FOR LARGE- SCALE MEETINGS AND EVENTS IN THE CITY Obiective 6.1 -Designate, Zone and Protect Industrial Land to Ensure that an Adequate Supply Exists Action Items: a. Annex land adjacent to existing industrial developments for new industrial devel- opment. b. Discourage rezoning of existing industrial zoned property unless there is a valid reason for such change. Obiective 6.2-Identify Strong and Weak Industrial Sectors Action Items: a. Review City's industrial database to identify strong and weak sectors. b. Review county manufacturing trends to determine. Page 23 ®�� y z W 2 G1 ECONOMIC DEVELOPMENT PLAN o !3 HEART OF THE FOX RIVER G Obiective 6.3- Target and Recruit New Development in Those Sectors that will Diversify the Current Workforce and Compliment Existinz Sectors. Action Items: a. Determine what new industries are appropriate. b. Develop relationships with industrial brokers. C. Develop marketing brochures to advertise City/location. d. Partner with MCEDC, MCC and High School District 156 to support workforce de- velopment programs. Obiective 6.4- Work to locate a facility for large-scale meetings and events in the City. Action Items: a. Secure a Multi-Use Meeting and Entertainment Facility that can Accommodate 400- 500 Persons to Locate Within the City. b. Provide the demographics to show the need for such a facility. [Pmagoe"124; COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday, February 26, 2008 Aldermen's Conference Room, 7:00 p.m. In Attendance: Committee Members: Chairman Alderman Condon, Alderman Santi and Alderman Wimmer. Absent: None. Also in Attendance: Deputy City Administrator Martin, City Planner Jurs and City Clerk Jones. Chairman Alderman Condon called the meeting to order at 7:03 p.m. Discussion: Comprehensive Plan - Public Facilities and Implementation Chanters Deputy City Administrator Martin outlined Chapters 8 and 9 of the Comprehensive Plan, which deal with Public Facilities and Implementation. Deputy City Administrator Martin stated the Public Facilities Chapter generally reviews all City, as well as school, library and fire district facilities. Additionally, the chapter lists future goals and objectives for public facility construction, expansion and/or alteration. He indicated the Implementation Chapter discusses the process and means by which the entire Comprehensive plan would be implemented moving forward. Following the overview, Deputy City Administrator Martin noted suggested revisions would be provided by the April Community Development Committee meeting with revised Comprehensive Plan maps provided at that time. Chairman Alderman Condon opined there was a lot of validity to having all the information spelled out in the Comprehensive Plan. Alderman Wimmer concurred. A brief discussion ensued and some typographical and grammatical errors were addressed. It was the consensus of the Committee that Staff move forward with the Comprehensive Plan with Staff providing revised comprehensive plan maps at the April meeting of the Community Development Committee. Discussion Regarding Draft Economic Development Plan Deputy City Administrator Martin informed the Committee that the draft Economic Development Plan was prepared by Staff with input from the Economic Development Commission. The purpose of the Plan is to create a vision statement along with the goals and objectives deemed necessary to establish the vision. Staff is seeking the Committee's input regarding the goals and objectives as well as the action items, particularly marketing the City and increasing tourism. Deputy City Administrator Martin highlighted the two most important factors of the Plan: 1. A vision for the City of McHenry; and 2. An economic development strategy. Chairman Alderman Condon suggested tourism be moved from Goal Item 8 to Goal Item 5, with an additional explanation. Additionally, Chairman Alderman Condon opined the Plan lacks a tie-in to Character Counts, which is an important component of the City. She suggested Character Counts be identified in the document at Goal Item 6. Community Development Committee Meeting February 26, 2008 Page 2 Responding to an inquiry from Chairman Alderman Condon, Alderman Wimmer provided historical information relative to when the Economic Development Commission ("EDC") was established, its membership composition and its affiliation to the City of McHenry. Alderman Wimmer stated that, at this time, the EDC is dormant and it is unlikely that it would be re- established. He noted that the Plan was prepared with the intention that it would be used by the City, following the usual standards of approval. Responding to Chairman Alderman Condon's inquiry, Deputy City Administrator Martin indicated the next step would be addressing the suggested revisions and then, following direction from the Committee, presenting the Plan to full Council for consideration. Motion by Wimmer, seconded by Santi, to direct Staff to add Character Counts to the Economic Development Plan and then to present the Plan to full Council for consideration. Aye: Condon, Santi, Wimmer. Nay: None. Absent: Norte. Motion carried. Staff Report Deputy City Administrator Martin informed the Committee that Wicke's Furniture was closing. He indicated the owner is currently seeking a purchaser and that would determine the fate of the company. Deputy City Administrator Martin informed the Committee that Dominick's Food Store would be closing on April 19, 2008. The structure is approximately 7,800 square feet in size and Staff has suggested another grocery store or possibly a banquet facility might be appropriate for the site. Chairman Alderman Condon re-iterated that it might be an opportune time to continue negotiations for the right-of-way, which has been discussed for a significant period of time. Deputy City Administrator Martin informed the Committee that representatives from the Olive Garden made a site visit last week and were pleased with the placement. He has been informed that representatives from the Olive Garden would be contacting City Staff shortly with a plan to move forward on the site. Deputy City Administrator Martin informed the Committee that the supported living facility currently under construction on Crystal Lake Road is moving forward. They are hopeful for a June 15, 2008 opening. Responding to an inquiry regarding a surplus clothing box near Sears, Deputy City Administrator Martin informed the Committee the clothing box is the property of Helping Hands. He placed a call, left a voice message regarding the clothing box and is waiting to hear back from them. Other Business An outline of suggested goals for discussion by the Community Development Committee in 2008 was presented as follows: