Loading...
HomeMy WebLinkAboutPacket - 12/11/2006 - City Council city of McHenry 333 South Green Street _ www.ci.mchenry.il.us McHenry, Illinois 60050-5495 r Mayor's Office (815) 363-2108 AGENDA Fax (815) 363-2119 REGULAR CITY COUNCIL MEETING Clerk's Office Monday, December 11, 2006, 7:30 P.M. (815)363-2100 Fax(815)363-2128 1. Call to Order r. Administration`q a/ (815)363-2108 2. Roll Call Fax(815)363-2119 Public Works 3. Pledge of Allegiance Community Development 4. Public Input Session — 10 Minute Limitation (815)363-2170 Fax(815)363-2173 5. Consent Agenda: Parks and Recreation A. November 20, 2006, and December 4, 2006, City Council Minutes (815)363-2100 B. As Needed Checks Fax(815)363-3186 6. Planning and Zoning Commission recommendation to grant a conditional use permit to Police Non-Emergency serve alcoholic beverages in conjunction with a restaurant at 1237 N. Green Street (8J 5)363-2200 Fax(815)363-2149 7• Request for transfer of Class A-14 Liquor License from China Light, Inc. to GRJ Pizzeria, Inc., 1266 North Green Street Mayor Susan E.Low 8. Planning and Zoning Commission recommendation to grant a variance from the Subdivision Control and Development Ordinance relating to the planting of trees to MEI city clerk Properties, 364-382 Bank Drive Janice C.Jones Treasurer 9. Planning and Zoning Commission recommendation to grant a conditional use permit to David M.welter allow a dry cleaner with on-site processing at 364-382 Bank Drive Aldermen 10. Presentation by Curtis Commercial for proposed redevelopment of the former Medical WARD J Arts Building site, 1 110 North Green Street Victor A. Santi 1 1 . Mayor — Statement and Reports WARD 2 Andrew A.Glab 12. Committee Reports WARD 3 Jeffrey A. Schaefer 13. Staff Reports WARD 14. Future Agenda Items Steven C.Murgatroyd WARD 5 15. Adjournment Richard W.Wimmer Posted and Mailed: December 6, 2006 WARD 6 Robert J.Peterson WARD 7 Geri A.Condon Memorandum To: Mayor Low and McHenry City Council Fm: Deputy Clerk Kunzer \V Date: December 7, 2006 Subj: City Council Minutes of 12/4/06 Meeting An error in the Council minutes of its 12/4/06 meeting has been brought to my attention. Please replace the attached minutes which reflect the change made in the last paragraph on page 4. Thank you. REGULAR MEETING DECEMBER 4, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, December 4, 2006 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Murgatroyd, Wimmer, Peterson and Condon. Absent: Schaefer. City Staff in attendance were: City Administrator Maxeiner, City Attorney McArdle, City Clerk Jones, Assistant Administrator Martin, Chief of Police O'Meara, Director of Public Works Marcinko, Director of Parks and Recreation Merkel, Director of Finance Black, Management Assistant for Community Relations Hobson. Absent: Director of Community Development Napolitano. PUBLIC HEARING: REGARDING THE ISSUANCE OF $5,300,000 IN COMMUNITY FACILITY REVENUE BONDS 501(C)PYFAMILY SERVICE AND COMMUNITY HEALTH CENTER FOR MCHENRY COUNTY PROJECT, ADOPTION OF A RESOLUTION AUTHORIZING THE ISSUANCE OF COMMUNITY FACILITY REVENUE BONDS (FAMILY SERVICE AND COMMUNITY MENTAL HEALTH CENTER FOR MCHENRY COUNTY PROJECT), SERIES 2006 OF THE CITY OF MCHENRY, ILLINOIS: AUTHORIZING THE ISSUANCE OF THE BONDS: PROVIDING FOR THE PLEDGE OF REVENUES FOR THE PAYMENT OF THE BONDS: AUTHORIZING A BOND AND LOAN AGREEMENT, A TAX REGULATORY AGREEMENT AND OTHER AGREEMENTS APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF SUCH REVENUES AND TO FURTHER SECURE THE BONDS: AND AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS Mayor Low at 7:34 p.m. opened the Public Hearing regarding the issuance of $5.3 million in Industrial Revenue Bonds in favor of Family Service and Community Mental Health for McHenry County. In attendance was Attorney Timothy Stratton representing the Applicant, Family Services and Community Mental Health for McHenry County (Family Services); Bob Martens, Chief Executive Office of Family Services; Don Gattone and Tom Love, Family Services Board Members. Mr. Stratton acknowledged Family Services is seeking Council approval of the issuance of $5.3 million in Industrial Revenue Bonds (IRB's) to provide for the capital improvements of their new facility located at 4100 Veteran's Parkway in McHenry. He noted the support of the resolution authorizing the IRB's would not put the City at financial risk. The IRB's are a funding mechanism whereby Family Services would be able to achieve a lower bonding rate due to the City's financial bond rating. The City would incur no cost or liability in utilizing the IRB's for Family Service's benefit. Alderman Murgatroyd inquired if the total amount needed is $5.3 million. Mr. Stratton affirmed that was correct. Attorney McArdle noted the resolution verbiage would be modified from "an amount not-to-exceed $6 million" to "the amount of$5.3 million". Alderman Condon expressed her support of Family Services and stated she was glad Council has the opportunity to assist this organization. Mr. Martens noted the new facility came in under budget and was constructed by local contractor Prime Commercial. December 4, 2006 Page 2 In response to Mayor Lows inquiry, there were no comments or questions from the audience. City Clerk Jones stated no written or verbal comments were received in the City Clerk's Office regarding this matter. Motion by Wimmer, seconded by Santi, to close the Public Hearing regarding Council's support of the issuance of $5.3 million in Industrial Revenue Bonds for the construction of the Family Services and Community Mental Health of McHenry Council facility located at 4100 Veteran's Parkway, at 7:42 p.m. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Motion by Condon, seconded by Santi, to accept Staffs recommendation to pass a resolution authorizing the issuance of $5.3 million in Industrial Revenue Bonds for the construction of the Family Service and Community Mental Health of McHenry County facility located at 4100 Veteran's Parkway. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. PUBLIC HEARING: CITY OF MCHENRY TAX LEVY FOR THE YEAR 2006 AND CONSIDERATION AND APPROVAL OF 2006 TAX LEVY ORDINANCE Mayor Low opened the Public Hearing regarding the consideration of the Year 2006 Tax Levy at 7:43 p.m. Director of Finance Black stated notice of the Public Hearing was published in the Northwest Herald as required by Illinois State Statute on November 22, 2006. The amount of the proposed 2006 Tax Levy is $45,925,755. The ordinance approving the levy must be filed with the McHenry County Clerk no later that the fourth Tuesday of December. Director Black stated Staff supports the passage of an ordinance approving the 2006 Tax Levy as presented. In response to Mayor Low's inquiry, there were no comments or questions from the audience. City Clerk Jones stated there were no written or verbal comments received regarding this matter in the City Clerk's Office. Motion by Wimmer, seconded by Murgatroyd, to close the Public Hearing regarding the 2006 Tax Levy at 7:44 p.m. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. December 4, 2006 Page 3 Motion by Murgatroyd, seconded by Santi, to accept Staffs recommendation to pass an ordinance approving the 2006 Tax Levy in the amount of$45,925,755. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer, Motion carried. PUBLIC INPUT SESSION — 10 MINUTE LIMITATION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Santi, seconded by Wimmer, to approve the Consent Agenda as presented: A. Approve resolution providing for annual inflation adjustment for Water and Sewer Rates; B. Approve Final Pay Request: Greg Greenhill Construction Co., Whispering Oaks Walk Paths, $59,000; C. Approve Final Pay Request: IDOT, State Route 120 Improvements project, $19,447.28; and D. Approve recommendation for reduction in Letter of Credit No. 03-061 Prairie Pointe Business Park. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. APPROVE YEAR 2007 LOCAL SHARE AGREEMENT FOR PACE DIAL-A-RIDE SERVICES Director Black stated Council typically approves each December a Local Share Agreement with PACE for Dial-A-Ride services in the City for the following year. The proposed amount of this year's agreement is as follows compared to last year's amounts: Revenue Source 2007 2006 Rider Fares $ 8,500 $ 11,266 PACE Subsidy $147,055 $143,468 Local Share $105,450 $ 82,240. Director Black stated it is Staffs recommendation to approve a Local Share Agreement for PACE Dial-A-Ride Services for the 2007 year as presented. Alderman Murgatroyd noted the City's portion (Local Share) of the Agreement has increased substantially from the current year's agreement while rider share portions did not proportionately increase. Alderman Murgatroyd questioned PACE's portion of the program. December 4, 2006 Page 4 Alderman Glab expressed concern that the senior voucher program has not been utilized as it should. He suggested additional efforts be made to distribute the vouchers to senior citizens. Motion by Murgatroyd, seconded by Glab, to accept Staffs recommendation to approve a Local Share Agreement for PACE Dial-A-Ride Services for the 2007 calendar year as follows: Revenue Source 2007 Rider Fares $ 8,500 PACE Subsidy $147,055 Local Share $105,450. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer, Motion carried. APPROVE THE FOLLOWING FOR CHARLES J. MILLER ROAD IMPROVEMENTS: 1. LOCAL AGENCY AGREEMENT WITH IDOT FOR FEDERAL PARTICIPATION: 2. PHASE I ENGINEERING SERVICES AGREEMENT WITH SEC GROUP IN AN AMOUNT NOT-TO-EXCEED $882,000 Director of Public Works Marcinko stated the City has been working with McHenry County to secure federal funding for improvements to Charles J. Miller Road. The improvements would widen the road between Illinois State Route 31 and River Road including significant intersection improvements and widening of the existing bridge over the Fox River. Director Marcinko noted Staff is seeking Council approval this evening for the approval of a Local Agency Agreement with Illinois Department of Transportation (IDOT) for federal grant participation in this project. Staff is also seeking Council approval of entering into an Engineering Services Agreement for Phase I Engineering for this project with SEC Group in the amount of $882,000. Director Marcinko noted 80% of the City engineering cost would be reimbursed by IDOT's federal grant monies as a result of the agreement approved this evening. Responding to an inquiry by Alderman Murgatroyd, Director Marcinko stated the timeline for this project includes Phase I which begins in 2007 and will last for approximately eighteen months. Alderman Peterson verified that 80% of the engineering costs would be reimbursed by IDOT's federal funds. Director Marcinko confirmed this was correct. December 4, 2006 Page 5 Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to: 1. Approve a Local Agency Agreement with Illinois Department of Transportation (IDOT) for federal grant participation in Charles J. Miller Road improvements project; 2. Approve an Engineering Services Agreement for Phase I Engineering for the Charles J. Miller Road Improvements project with SEC Group in the amount not-to-exceed $882,000. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. APPROVE ORDINANCES PROVIDING FOR THE ABATEMENT OF VARIOUS BOND ISSUES Director Black stated each year the City must pass ordinances providing for the abatement of various bond issues in order to reduce the real estate tax levy by the amount of each abatement. This year ordinances are being presented for Council consideration as follows: Bonds Amount to be abated General Obligation Bonds Series 2000A $472,750.00 General Obligation Bonds Series 2002 $368,187.50 General Obligation Bonds Series 2005 $165,516.26 General Obligation Bonds Series 2006 $221,490.24 Special Service Area #1A $ 25,000.00. It is Staffs recommendation to pass ordinances providing for the abatement of real estate taxes as presented. Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to approve ordinances providing for the abatement of real estate taxes as follows: Bonds Amount to be abated General Obligation Bonds Series 2000A $472,750.00 General Obligation Bonds Series 2002 $368,187.50 General Obligation Bonds Series 2005 $165,516.26 General Obligation Bonds Series 2006 $221,490.24 Special Service Area #1A $ 25,000.00. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low expressed her gratitude to the snow removal crew for their fine efforts in clearing City roadways following the recent heavy snowstorm. December 4, 2006 Page 6 COMMITTEE REPORTS Chairman Alderman Murgatroyd announced matters discussed at this evening's Finance and Personnel Committee will be brought forward for Council consideration in the near future. STAFF REPORTS City Administrator Maxeiner reported Public Works crews were out on the streets clearing roadways beginning at 2 a.m. on Friday, December 1, 2006. He noted the crews worked very hard and did a fine job in clearing all City streets. FUTURE AGENDA ITEMS Alderman Glab inquired if there was adequate manpower to address snow removal during the recent snowstorm. Alderman Glab requested a Staff Report regarding comparisons of past and present manpower and equipment availabilities. He suggested this matter be addressed at a future Public Works Committee meeting. EXECUTIVE SESSION: POTENTIAL LITIGATION Motion by Condon, seconded by Santi, to go into Executive Session to discuss Potential Litigation at 8:03 p.m. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Council went into Executive Session at 8:12 p.m. Motion by Wimmer, seconded by Murgatroyd, to go back into Open Session at 8:49 p.m. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Council went back into Open Session at 8:49 p.m. ADJOURNMENT Motion by Wimmer, seconded by Santi, to adjourn the meeting at 8:49 p.m. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. The Meeting was adjourned at 8:49 p.m. MAYOR CITY CLERK CONSENT AGENDA The Consent Agenda for the December 11, 2006 City Council meeting consists of the following items: A. November 20, 2006, and December 4, 2006, City Council Minutes B. As Needed Checks Attachments REGULAR MEETING NOVEMBER 20, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, November 20, 2006 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab (arrived at 7:36 p.m.), Schaefer, Murgatroyd, Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, City Attorney McArdle, City Clerk Jones, Assistant Administrator Martin, Chief of Police O'Meara, Director of Public Works Marcinko, Director of Community Development Napolitano, Director of Finance Black, Management Assistant for Community Relations Hobson. Absent: Director of Parks and Recreation Merkel. PUBLIC HEARING: ESTABLISH BACKUP SPECIAL SERVICE ,AREA, FOR PATRIOT ESTATES At 7:35 p.m. Mayor Low opened a Public Hearing regarding the establishment of SSA#9 for Patriot Estates Subdivision. Director of Community Development Napolitano stated the establishment of a backup Special Service Area (SSA) for Patriot Estates was required as a part of the annexation agreement authorized by Council. At Council's September 11, 2006 regularly scheduled meeting, Council passed an ordinance proposing the establishment of SSA #9 for Patriot Estates Subdivision. r•1.....C-.tOW E4ea liEtE•lasE ; Sta41C�-1 aJ ,r b°EtY � C;_ 'Eei: i9i . a EG . Z U t 4-z- Ef^ held to provide an opportunity for public comment regarding the proposed SSA#9. Notice of the public hearing was published on November 5, 2006. Director Napolitano noted if there are no objections to the establishment of the SSA, an ordinance establishing SSA#9 will be brought to Council for approval in January 2007. In response to Mayor Low's inquiry, there were no questions or comments from Council or the public regarding the establishment of SSA #9. City Clerk Jones stated there had been no written or oral comments received in her office regarding this matter. Motion by Wimmer, seconded by Santi, to close the Public Hearing regarding the proposed establishment of SSA#9 at 7.36 p.m. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Glab. Motion carried. Alderman Glab arrived at 7.36 p.m. TEN MINUTE PUBLIC INPUT SESSION McHenry Area Chamber of Commerce Chief Executive Officer Kay Bates addressed Council and presented a check to the City in the amount of $6,335 in appreciation for the use of Petersen Park for 2006 Annual Fiesta Days events. Ms. Bates thanked Staff for their assistance during all of the Fiesta Days programs and events. November 20, 2006 Page 2 CONSENT AGENDA Motion by Schaefer, seconded by Condon, to approve the Consent Agenda as presented: A. Approve City Council Minutes: November 13, 2006 regularly scheduled meeting; B. Approve List of Bills: A-ABLE ALARM SERVICE INC 120.75 ACCURINT FOR LAW ENFORCE 75.00 ACE HARDWARE, BJORKMAN'S 2,744.69 ACE TOWING & RECOVERY 25.00 ACME BRICK & SUPPLY CC 380.00 ADAMS ENTERPRISES INC, R 493.72 ADAMS OUTDOOR POWER EQUI 327.76 ADAMS STEEL SERVICE INC 365.75 ADAMS, JOHN 207.30 AG PLUMBING 112.50 ALEXANDER CHEMICAL CORP 2,937.16 A.LEXANDER EQUIPMENT COMP 503.96 ALEXANDER LUMBER CO 557.69 ALLIANCE CONTRACTORS INC 326,092.50 AMERICAN HERITAGE 30,00 AMERICAN WATER WORKS ASS 190.50 AMSTERD.AM PRINTING & LIT 256.77 ARAMARK WORK APPAREL & U 483.21 ARNET, ALICE 36.85 ARVIDSON & SONS INC, BEN 1,071.84 AT&T 7,901.22 AT&T LONG DISTANCE 54.03 AUTO TECH CENTERS INC 505.55 B&W CONTROL SYSTEMS INTE 12,711.24 BARBATO, EMIL 50.75 BASTIAN, THOMAS P 570.00 BAXTER & WOODMAN 4,441.,86 BLOCK, VERNON N 50.00 BONCOSP:Y OIL COMPANY 20,665.47 BONESTROO DEVERY & ASSOC 1,413.43 BOTTS WELDING & TRUCK SE 46.00 BREMER, CURTIS H 175.00 BROGAN, WILLIAM J 62.70 BUENZLI, J.AMES J 760.00 BULL VALLEY BP 39.00 BUSS FORD SALES 936.00 CAMPION CURRAN DUNLOP & 960.00 CARGILL INCORPORATED SAL 2,731.56 CARNEY AND COMPANY INC 500.00 CARQUEST AUTO PARTS STOR 1,141.77 CAZ.p.RES, ERICKrL, 60.00 CB&I CONSTRUCTORS INC 9,333.00 CDW GOVERNMENT INC 8,540.39 CEIVTEGRA OCCUPATIONAL ME 5,304.00 CHEMICAL PUMP SALES AND 805.90 CHICAGO I14TERNRTIONAL TR 3,46221E CINTAS CORPORATION #35E 57 9.58 CLARKE ENVIRONMENTAL MOS 11,750.00 CLAUSS, PARVIN 30.00 CLIFFORD-WALD 101.06 CLUBHOUSE ILLINOIS 30.00 COMED 49,404.3E COMMUNICATIONS REVOLVING 115.00 COX, LAURA 199.64 CRESCENT ELECTRIC SUPPLY 121.80 CRYSTAL MANOR STABLE 150.00 CURRAN CONTRACTING COMPA. 3,349.62 CUSHING TECHNOLOGIES INC .,OOU.UO CUSTOM LANDSCAPING 3,960.00 CUSTOM VEHICLE SYSTEMS I 63.00 D'ANGELO NATURAL SPRII4G 43.50 DELL MARKETING LP 1,083.77 DON'S TOWING 170.00 DONS CLEANERS 6.60 DREISILKER ELECTRIC MOTO 219.75 DURA WAi' COMPANY INC, TH 400.80 November 20, 2Q06 Page 3 ED'S AUTOMOTIVE/JIM'S MU 51.00 ED'S RENTAL & SALES INC 207.00 EDER CASELLA & CO 16,475.00 EMPLOYEE DATA FORMS INC 39.00 EVANS, PATRICIA. 39.00 EXXON MOBIL 30.00 FAMILY TAILOR SHOP 8.00 FAST EDDIES CAR WASH 91.50 FASTEN.AL COMPANY 88.76 FISCHER BROS FRESH 2,779.54 FLESCH COMPANY INC, GORD 139.33 FLODEN, ERIC 188.64 FOERSTER, JEFFERY S 16.00 FONE ZONE-MCHENRY, THE 106.54 FOXCROFT MEADOWS INC 653.70 FRANKLIN, JAMES B 744.00 G IMPRESSIONS INC 2L.00 GALLS INCORPORATED 191.9 GERAGHTY, MARCI li6.95 GERSTAD BUILDERS 130.68 GEWALT, KARL 328.70 GITZK.E, WILLIAM, 423.75 GLASS BARN, THE 522.30 GLICK, DEBORAH A 107.55 GOLD MEDA- PRODUCTS _25.55 GREAT LAKES FIRE & SAFET 731.42 GROWER EQUIPMENT & SUPPL 558.85 HACH COMPANY 634.90 HAINES, MA.RY 18.00 HALL SIGNS INC 1,150.92 HANSEN'S ALIGNMENT, DON 130.00 HARM'S FARM 25C.00 HARRIS, TIMOTHY 51i.37 HAYDEN LANDSCAPING & MAI 10,600.00 HELMS, PAMELA. 30.00 HERITAGE-CRYSTP.L CLEAN i0i.66 HOLIDAY INN EXPRESS 155.40 HOLMISTROM, ROBERT HOME STATE BANK 30.00 ICC 59.00 I DEA, ART 9 6.7 0 iiMc 166.00 ILLINOIS ASSOCIATION OF 945.00 ILLINOIS FBI NA 4C.00 ILLINOIS MUNICIPAL LEAGU 1,433.00 INTERSTATE BATTERY SYSTE 60"i6 INTOXIMETERS 196.00 INVENTORY TRADING COMPNA. 1,098.00 IPRA 20.00 JONES, JOHN 273.46 JP MORGAN TRUST COMPANY 399 712.50 JULIE INC 729.85 JUNGKANN, MAR,LENE B 224.00 KALE UNIFORMS INC 5,805.25 KDS TECH SERVICES I14C 18i.25 KENO & SONS CONSTRUCTION 53,522.00 KEYS MARTIAL ARTS ACADEN, 3C.00 KIEFER & ASSOC, ADOLPH 744.8E KIMBALL MIDWEST 785.02 KIRCHNER FIRE 286.50 KIWA.NIS CLUE OF MCHENRY 230.00 KLEINHA.NS, JEFF 1,50C.00 KOMLINE-SANDERSON ENGINE 15,486.00 KRANZ, ANNE 89.54 KREP.SSIG, DANIEL 1-40.14 KTD INC 35.96 LABAY, ER14EST 70.00 LAKESIDE PEST CONTROL SE 91.00 LAMBERT, FRAN 1,556"60 LANG PONTIAC-CADILLAC-SU 46.22 LASALLE BANK 30.0C: LEACH ENTERPRISES INC 422.66 LEONARD!'S FOOD SPECIALT 151.95 LINE, GARY 193.24 LOCKER'S FLOWERS 88.00 LUNKENHEIMER, PATTIE 11E.32 MAD SCIENCE OF MCHENRY C 24%.0�l November 20, 2006 Page 4 M,p.RCINKO, DANIEL J 519.86 MA.RENGO DISPOSAL CO 6,710.00 MARINE RESCUE PRODUCTS I 157.50 MARKS TREE SERVICE 200.00 MARYS FLOWERS & GIFTS 123.00 MCANDREWS PC, THE LAW OF 6,800.00 MCHENRY ANALYTICAL WATER 453.00 MCHENRY COMMUNITY HIGH S 7,312.00 MCHENRY COMMUNITY SCHOOL 10,135.00 MCHENRY COUNTY CHIEFS OF 36.00 MCHENRY COUNTY COUNCIL 0 132.00 MCHENRY COUNTY RECORDER 1,615.00 MCHENRY COUNTY SUPPLY IN 65.67 MCHENRY FIREST014E 16.99 MCHENRY NAPA 2,132.45 MCHENRY POLICE PENSION F 39,991.21 MCHENRY PUBLIC LIBRARY 604.00 MCHENRY RADIOLOGISTS 45.00 MCHENRY STORAGE, THE 590.00 MCHENRY TOWNSHIP FIFE PR 288.00 MEADE ELECTRIC COMPANY I 106.88 MECHANICAL INC 5,192.00 MERKEL, PETE 271.66 METROPOLITAN INDUSTRIES 818.94 MEYER MATERIAL COMPANY 263.50 MICROFLEY, 1,086.00 MID AMERICAN WATER OF WA- 262.00 MIDWEST FENCE 3,200.63 MIDWEST METER INC 46,860.53 140BILE OFFICE DESIGNS IN 1,372.54 MOORE, KEVIN 24.50 MORRIE AND SONS INC 126.40 MURDOCK SUPER SECUR 105.79 NCL OF WISCONSIN INC 567.69 NEIL COMPANIES, G 553.57 NENA, 120.00 NEXTEL COMMUNICATIONS 1,695.41 - NICOR GAS 1,650.94 NORTH EAST MULTI-REGIONA. 460.00 NORTH SUBURBAN WATER 30.00 NORTHEASTERN ILLINOIS PL 016.00 NORTHEN ILLINOS WINTER S 596.75 NORTHWEST AUTO ELECTRIC 260.00 NORTHWEST ELECTRICAL SUP 30.00 NORTHWEST ELECTRICAL SUP 376.46 NORTHWEST HERALD 210.60 NORTHWEST NEWS GROUP OF 11957.70 NWBOCA 140.00 O'HERRON CO INC, RAY 109.85 O'RYAN ELECTRICAL CONTRA 513.23 OCCUPATIONAL FOOTWEAR CO 111.95 OFFICE DEPOT INC 626.16 OLSEN SAFETY EQUIPMENT C 94.61 ORENDORFF, MELANIE 4.50 ORIENTAL TRADING CC INC 192.5& OTT, ROBERT 44.12 OTTOSEN BRITZ KELLY COOP 4,279.01 PACE 13,554.33 PAPER DIRECT INC 134.89 PAPROCKI, KRISTINE 96.33 PAYLINE WEST INC 2•62 PECHOUS, ROGER 16.00 PEPSI-COLA, GENL BOT 215.05 PETROW, STEPHANIE S 60.00 PETTRY, ELSIE 135.00 PLASTINA, DARREN 101.i7 PRECISION SERVICE & PART 1,294.33 PRIME COMMERCIAL- CORP 30.00 PROFESSIONAL INSPECCTIN 60.00 PUBLIC AGENCY TRAINING C 500.00 R & S DISTRIBUTORS INC 251.30 RADICOM INC 118.00 RADIOSHACK, CORPORATION 3.1E R.AYCRAFT-PITEL SEPTIC IN 412.50 REGNER, WILLIA.M i 19'.74 REID, MICHAEL 6C.00 November 20, 2006 Page 5 RELIABLE SAND & GRAVEL 2,410.66 RESERVE ACCOUNT 1,500.00 RIDGEVIEW ELECTRIC INC 734.82 RINGWOOD SP 39.00 RIVERSIDE ANIMAL CLINIC 61.00 ROC CONSTRUCTION SUPPLY 119.08 RODIEK, CLAUDIE 58.00 ROTARY CLUB OF MCHENRY 177.11 RYSA., RO]V 31.95 S&S WORLDWIDE INC 259.47 SAFETY SYSTEMS CORPORA.TI 122.86 SAFIN, ADAM 20.00 SAVE ABANDONED BABIES FO 30.00 SCHMIDT, THOMA.S SCHMITT, JENNIFER 64.64 SCHMITT, JON 124.64 SCHWAAB INC 34.95 SEC GROUP INC 172,884.85 SEMROW JR, HARRY H 1,397.50 SETTLERS HILL RDF 15,180.24 SEXTON, ERIC M 59.34 SHERMAN BENEFIT MANAGER- 415.40 SHERMAN MECHANICAL INC 3,163.38 SHOGREN FENCE _INC 7,075.00 SHUETT, DEBORA: 110.72 SIEMENS WATER TECHNOLOGI 14,103.00 SOCIETY FOR HUMAN RESOUR 160.00 SONNEMANN, S.ARAH 10.00 SPARKS, CHRISTINE 95.00 SPORTSMAN'S CHOICE 200.00 SPRI PRODUCTS INC 81.69 ST PAULS EPISCOPAL CHURL 1,113.75 STANDARD INDUSTRIAL & AU 79.50 STANS OFFICE TECHNOLOGIE 711.16 STAPLES BUSINESS ADVANTF. 2,301.35 STEINER ELECTRIC COMPANY 336.50 STULL, RICH 127.18 2i1QE ,EN;v7_ER TBE GROUP INC 3,625.00 THEISS, BETH 120.00 THINK INK INC 56.60 THOMAS TRUCKING INC, KEN 690.00 THOMAS, DONNA 1,500.00 THOMPSON ELEVATOR INSPEC 154.00 TOPS IN DOG TRAINING COR 224.00 TRACTORS FOR CHARITY 50.00 TRAFFIC CONTROL & PROTEC 3,835.42 TRANSMATIC TRANSMISSION 1,800.00 TREASURER STATE OF ILLIN 4,765.62 TYLER TECHNOLOGIES 300.00 UHLARIK, KATIE. 23.02 UNIFORMITY INCORPORATED 126.55 UNITED LABORATORIES 398.37 USA BLUEBOOK 426.74 VELEZ, JENNIFER L 1,474.75 VIKING CHEMICAL COMPANY 10,259.76 WAREHOUSE DIRECT 259.53 WASTE MANAGEMENT OF WI P 2 254.74 WATER PRODUCTS - AURORA 1,1U7.19 WATER SOLUTIONS UNLIMITE 5,720.00 WATER WELL SOLUTIONS 2_,885.65 WEYMOUTH, TRACIE 14L 05 WHITE, TRACEY 125.00 WILLIAMS ELECTRIC SERVIC 750.50 ZMT INC 980.50 ZUKOWSKI ROGERS FLOOD & 11,160.00 GRAND TOTALS 1,497,496.14 FUND TOTALS GENERAL FUND 267,501.84 AUDIT EXPENSE FUND 16,475.00 ANNEXATION FUND 16,339.00 MOTOR FUEL TAX FUND 1731.56 TIE' FUND 364,510.89 DEBT SERVICE-1997A FUND CAPITAL IMPROVEMENTS FUND 271Oi6.51 WATER/SEWER FUND 184,342.6G November 20, 2006 Page 6 UTILITY IMPROVEMENTS FUND 108,857.09 RISK MANAGEMENT FUND 855.60 INFORMATION TECHNOLGY FUND 11,405.78 RETAINED PERSONNEL ESCROW 70,745.37 TOTALS 1,497,498.i4 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT AND VARIANCE FOR STATION NUMBER 4 — MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT NORTHWEST CORNER OF CURRAN ROAD AND DARTMOOR DRIVE Director Napolitano stated the McHenry Township Fire Protection District (MTFPD) is in the process of preparing to construct Station Number 4 to be located at the northwest corner of the intersection of Curran Road and Dartmoor Drive. In order to construct the facility the District requires a conditional use permit for public use and variances as to the maximum driveway width and maximum sound levels allowed by ordinance. Director Napoiitano noted the sound levels might be exceeded during times when the backup generator is either in use or being tested. Director Napolitano noted the Planning and Zoning Commission at a Public Hearing held on November 2, 2006 unanimously recommended approval of the MTFPD requests. Motion by Santi, seconded by Peterson, to accept the unanimous recommendation of the Planning and Zoning Commission, and to pass and approve an ordinance granting the following to the McHenry Township Fire Protection District for their new facility to be located at the northwest corner of the intersection of Curran Road and Dartmoor Drive: 1. Conditional Use Permit to allow a public use on the subject property, 2. Variance to exceed the maximum driveway width requirements; 3. Variance to exceed the maximum sound levels to allow the use and regular testing of a backup generator on the site. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO WAIVE PERMIT AND CAPITAL DEVELOPMENT FEES FOR CONSTRUCTION OF STATION NUMBER 4 — MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT NORTHWEST CORNER OF CURRAN ROAD AND DARTMOOR DRIVE in attendance was Fire Chief Wayne Amore. Director Napoiitano stated the MTFPD has requested the City waive building permit fees meter fees, tap-on fees and capital development fees with regard to the construction and building permit process for their new facility to be located at the northwest corner of November 20, 2006 Page 7 the intersection of Curran Road and Dartmoor Drive. Director Napolitano summarized the requested waiver as follows: Building Permit Fee: $ 994.00 Plumbing Review/Inspection Fee: $ 230.00 Water Meter Fee: $ 1,800.00 Tap-on Fees: $ 500.00 Capital Development Fees: Water $23,001.00 Sewer $15,051.00. Director Napolitano noted the City Council has in the past waived building permit fees, plumbing inspection fees, tap-on fees and meter fees for other public entities. The City has not previously waived the Capital Development Fees. Director Napolitano stated it is Staffs recommendation to waive all non-Capital Development Fees for the permitting process of McHenry Township Fire Protection District Station Number 4. City Administrator Maxeiner requested authority from Council to adjust the Capital Development Fees for this project, noting while the water service assumes a two inch meter, sewer usage would most likely include a 1/ inch pipe. City Administrator Maxeiner stated the taxpayers could possibly save some money if the Capital Development Fees were adjusted to reflect actual usage. Alderman Glab stated he has an issue with Staff adjusting Capital Development Fees. Motion by Condon, seconded by Schaefer, to: 1. waive the following fees for the McHenry Township Fire Protection District's new facility to be constructed at the northwest corner of the intersection of Curran Road and Dartmoor Drive: Building Permit Fee: $ 994.00 Plumbing Review/inspection Fee: $ 230.00 Water Meter Fee: $ 1,800.00 Tap-on Fees: $ 500.00 2. have Staff review the actual projected water and sanitary sewage use of the site in order to determine fair Capital Development Fees for the project, and to bring this matter back to Council for ratification. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. November 20, 2006 Page 8 ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 17 ZONING ORDINANCE - ESTABLISHING REGULATIONS FOR BED AND BREAKFAST ESTABLISHMENTS Director Napolitano stated at the Council's direction the Planning and Zoning Commission considered a Zoning Ordinance amendment which would allow Bed and Breakfast establishments in the City. The Commission at a public hearing held on November 2, 2006 unanimously recommended approval of the proposed amendments which would allow bed and breakfast establishments as a conditional use in the City. Alderman Condon commended Staff for researching this matter and addressing a need within the community. Alderman Santi concurred. Motion by Condon, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass and approve an ordinance amending the Municipal Code Chapter 17, Zoning Ordinance, and thereby establishing regulations for bed and breakfast establishments. Voting Aye: Santi, Giab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PROPOSED AMENDMENT TO MUNICIPAL CODE RELATING TO LENGTHS OF .-.. - -.. AND ZONING COMMISSIONERS A[�I T't a AI�I R1wI1RbIt TERM*RM* O� ���€�6.ar�€f.: AND ZONI G I�eeef Ee��e�ereee€z COMMISSIONERS Assistant Administrator Martin stated Staff has reviewed and evaluated the existing structure for the terms of office for Planning and Zoning Commissioners and Landmark Commissioners. During the evaluation, it was noted that many appointees have held positions on the commission for numerous years. While this is commendable, Staff and the Mayor have discussed providing an opportunity for attracting new members of the community to serve in these positions. Staff is of the opinion this would offer new ideas and different perspectives on each of the commissions. Assistant Administrator Martin stated Staff is proposing shorter terms for the Planning and Zoning Commission: three terms expiring 4/30/07; two terms expiring 4130/08; two terms expiring 4/30/09. At this time, Staff is not proposing a change in the length of terms for the Landmark Commission members. Assistant Administrator Martin pointed out the change in term lengths would not necessarily prohibit someone from being reappointed to a position on a commission. City Attorney McArdle was directed to look into the State Statutes regarding the viability of amending the term duration for Planning and Zoning Commissioners. Motion by Murgatroyd, seconded by Condon, to direct Staff to prepare an ordinance amending the terms of office of Planning and Zoning Commissioners from five to three years, subject to confirmation by City Attorney McArdle that this matter is permitted by State Statutes. November 20, 2006 Page 9 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay:" None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low expressed appreciation for the Council's participation in the Christmas Walk activities and parade. She noted it was a successful day for the business community and residents. Mayor Low wished everyone a Happy Thanksgiving. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS City Administrator Maxeiner noted the Finance and Personnel Committee has tentatively scheduled a meeting for Monday, December 4, 2006 at 6:30 p.m. He requested all members review their calendars and advise him of their availability. City Administrator Maxeiner reported the Green Street entrance to the Municipal Center will be closed on Wednesday, November 22, 2006. It will be closed for several weeks. /c �y rq T Municipal i !"• a,-_ ;H b- _ [}�...i ��f ..i,..�:.n ra 4E?en 4.;Mm ry�ri^A weeks. Access lV the �Y un`cipal 'Ce :!J!!! «VULV ! 4G 4I11! 4P IIN lllil vv. FUTURE AGENDA ITEMS Alderman Glab suggested better lighting be provided during the Green Street/Municipal Drive construction project and that Staff provide better directions for alternate access from Route 31. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:10 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:10 p.m. MAYOR CITY CLERK REGULAR MEETING DECEMBER 4, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, December 4, 2006 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Murgatroyd, Wimmer, Peterson and Condon. Absent: Schaefer. City Staff in attendance were: City Administrator Maxeiner, City Attorney McArdle, City Clerk Jones, Assistant Administrator Martin, Chief of Police O'Meara, Director of Public Works Marcinko, Director of Parks and Recreation Merkel, Director of Finance Black, Management Assistant for Community Relations Hobson. Absent: Director of Community Development Napolitano. PUBLIC HEARING: REGARDING THE ISSUANCE OF $5 300,000 IN COMMUNITY FACILITY REVENUE BONDS 501(C)(3)/FAMILY SERVICE AND COMMUNITY HEALTH CENTER FOR MCHENRY COUNTY PROJECT, ADOPTION OF A RESOLUTION AUTHORIZING THE ISSUANCE OF COMMUNITY FACILITY REVENUE BONDS (FAMILY SERVICE AND COMMUNITY MENTAL HEALTH CENTER FOR MCHENRY COUNTY PROJECT), SERIES 2006 OF THE CITY OF MCHENRY, ILLINOIS; AUTHORIZING THE ISSUANCE OF THE BONDS, PROVIDING FOR THE PLEDGE OF REVENUES FOR THE PAYMENT OF THE BONDS; AUTHORIZING A BOND AND LOAN AGREEMENT, A TAX REGULATORY AGREEMENT AND OTHER AGREEMENTS APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF SUCH REVENUES AND TO FURTHER SECURE THE BONDS: AND AUTHORIZING OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS mayor LOW at t:34 p.m. opened the t-MiC Hearing r egaraing me issuance of $15 million in Industrial Revenue Bonds in favor of Family Service and Community Mental Health for McHenry County. In attendance was Attorney Timothy Stratton representing the Applicant, Family Services and Community Mental Health for McHenry County (Family Services); Bob Martens, Chief Executive Office of Family Services; Don Gattone and Tom Love, Family Services Board Members. Mr. Stratton acknowledged Family Services is seeking Council approval of the issuance of $5.3 million in Industrial Revenue Bonds (IRB's) to provide for the capital improvements of their new facility located at 4100 Veteran's Parkway in McHenry. He noted the support of the resolution authorizing the IRB's would not put the City at financial risk. The IRB's are a funding mechanism whereby Family Services would be able to achieve a lower bonding rate due to the City's financial bond rating. The City would incur no cost or liability in utilizing the IRB's for Family Service's benefit. Alderman Murgatroyd inquired if the total amount needed is $5.3 million. Mr. Stratton affirmed that was correct. Attorney McArdle noted the resolution verbiage would be modified from "an amount not-to-exceed $6 million" to "the amount of $5.3 million". Alderman Condon expressed her support of Family Services and stated she was glad Council has the opportunity to assist this organization. Mr. Martens noted the new facility came in under budget and was constructed by local contractor Prime Commercial. December 4, 2006 Page 2 In response to Mayor Low's inquiry, there were no comments or questions from the audience. City Clerk Jones stated no written or verbal comments were received in the City Clerk's Office regarding this matter. Motion by Wimmer, seconded by Santi, to close the Public Hearing regarding Council's support of the issuance of $5.3 million in industrial Revenue Bonds for the construction of the Family Services and Community Mental Health of McHenry Council facility located at 4100 Veteran's Parkway, at 7:42 p.m. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Motion by Condon, seconded by Santi, to accept Staffs recommendation to pass a resolution authorizing the issuance of $5.3 million in Industrial Revenue Bonds for the construction of the Family Service and Community Mental Health of McHenry County facility located at 4100 Veteran's Parkway. Voting Aye- Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. PUBLIC HEARING: CITY OF MCHENRY TAX LEVY FOR THE YEAR 2006 AND CONSIDERATION AND APPROVAL OF 2006 TAX LEVY ORDINANCE Mayor Low opened the Public Hearing regarding the consideration of the Year 2006 Tax Levy at 7:43 p.m. Director of Finance Black stated notice of the Public Hearing was published in the Northwest Herald as required by Iliinois State Statute on November 22, 2006. The amount of the proposed 2006 Tax Levy is $45,925,755. The ordinance approving the levy must be filed with the McHenry County Clerk no later that the fourth Tuesday of December. Director Black stated Staff supports the passage of an ordinance approving the 2006 Tax Levy as presented. In response to Mayor Low's inquiry, there were no comments or questions from the audience. City Clerk Jones stated there were no written or verbal comments received regarding this matter in the City Clerk's Office. Motion by Wimmer, seconded by Murgatroyd, to close the Public Hearing regarding the 2006 Tax Levy at 7:44 p.m. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. December 4, 2006 Page 3 Motion by Murgatroyd, seconded by Santi, to accept Staffs recommendation to pass an ordinance approving the 2006 Tax Levy in the amount of $45,925,755. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer, Motion carried. PUBLIC INPUT SESSION — 10 MINUTE LIMITATION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Santi, seconded by Wimmer, to approve the Consent Agenda as presented: A. Approve resolution providing for annual inflation adjustment for Water and Sewer Rates; B. Approve Final Pay Request: Greg Greenhill Construction Co., Whispering Oaks Walk Paths, $59,000; C. Approve Final Pay Request: IDOT, State Route 120 Improvements project, $19,447.28; and D. Approve recommendation for reduction in Letter of Credit No. 03-061 Prairie f0 , ,=e D' :a, =e5S Park. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. APPROVE YEAR 2007 LOCAL SHARE AGREEMENT FOR PACE DIAL-A-RIDE SERVICES Director Black stated Council typically approves each December a Local Share Agreement with PACE for Dial-A-Ride services in the City for the following ,year. The proposed amount of this year's agreement is as follows compared to last year's amounts: Revenue Source 2007 2006 Rider Fares $ 8,500 $ 11,266 PACE Subsidy $147,055 $143,468 Local Share $105,450 $ 82,240. Director Black stated it is Staffs recommendation to approve a Local Share Agreement for PACE Dial-A-Ride Services for the 2007 year as presented. Alderman Murgatroyd noted the City's portion (Local Share) of the Agreement has increased substantially from the current year's agreement while rider share portions did not proportionately increase. Alderman Murgatroyd questioned PACE's portion of the program. December 4, 2006 Page 4 Alderman Glab expressed concern that the senior voucher program has not been utilized as it should. He suggested additional efforts be made to distribute the vouchers to senior citizens. Motion by Murgatroyd, seconded by Glab, to accept Staffs recommendation to approve a Local Share Agreement for PACE Dial-A-Ride Services for the 2007 calendar year as follows: Revenue Source 2007 Rider Fares $ 8,500 PACE Subsidy $147,055 Local Share $105,450. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer, Motion carried. APPROVE THE FOLLOWING FOR CHARLES J. MILLER ROAD IMPROVEMENTS: 1 LOCAL AGENCY AGREEMENT WITH IDOT FOR FEDERAL PARTICIPATION; 2. PHASE I ENGINEERING SERVICES AGREEMENT WITH SEC GROUP IN AN AMOUNT NOT-TO-EXCEED $882,000 :11 eclC3r C3i 1- ut-)114 Ovforks Marcinko, stated the l..lty h1as 'L ean working k g lfitih a-CIF I--- r' r County to secure federal funding for improvements to Charles J. Miller Road. The improvements would widen the road between Illinois State Route 31 and River Road including significant intersection improvements and widening of the existing bridge over the Fox River. Director Marcinko noted Staff is seeking Council approval this evening for the approval of a Local Agency Agreement with Illinois Department of Transportation (IDOT) for federal grant participation in this project. Staff is also seeking Council approval of entering into an Engineering Services Agreement for Phase I Engineering for this project with SEC Group in the amount of $882,000. Director Marcinko noted 80% of the City engineering cost would be reimbursed by IDOT's federal grant monies as a result of the agreement approved this evening. Responding to an inquiry by Alderman Murgatroyd, Director Marcinko stated the timeline for this project includes Phase I which begins in 2007 and will last for approximately eighteen months. Alderman Peterson verified that 20% of the engineering costs would be reimbursed by IDOT's federal funds. Director Marcinko confirmed this was correct. December 4, 2006 Page 5 Motion by Murgatroyd, seconded by Condon, to accept Staff s recommendation to: 1. Approve a Local Agency Agreement with Illinois Department of Transportation (IDOT) for federal grant participation in Charles J. Miller Road improvements project; 2. Approve an Engineering Services Agreement for Phase I Engineering for the Charles J. Miller Road Improvements project with SEC Group in the amount not-to-exceed $882,000. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent. Schaefer. Motion carried. APPROVE ORDINANCES PROVIDING FOR THE ABATEMENT OF VARIOUS BOND ISSUES Director Black stated each year the City must pass ordinances providing for the abatement of various bond issues in order to reduce the real estate tax levy by the amount of each abatement. This year ordinances are being presented for Council consideration as follows: Bonds Amount to be abated General Obligation Bonds Series 2000A $472,750.00 General Obligation Bonds Series 2002 $368,187.50 ell J nG c'l '.fi iiEyc:ivi i-Ngatbn :vi no ,DonAs __..� ofJEi�r % 8 v-,,.. ;�.�4, General Obligation Bonds Series 2006 $221,490.24 Special Service Area #1A $ 25,000.00. It is Staffs recommendation to pass ordinances providing for the abatement of real estate taxes as presented. Motion by Wimmer, seconded by Santi, to accept Staff s recommendation to approve ordinances providing for the abatement of real estate taxes as follows: Bonds Amount to be abated General Obligation Bonds Series 2000A $472,750.00 General Obligation Bonds Series 2002 $368,187.50 General Obligation Bonds Series 2005 $165,516.26 General Obligation Bonds Series 2006 $221,490.24 Special Service Area #1A $ 25,000.00. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low expressed her gratitude to the snow removal crew for their fine efforts in clearing City roadways following the recent heavy snowstorm. December 4, 2006 Page 6 COMMITTEE REPORTS Chairman Alderman Murgatroyd announced matters discussed at this evening's Finance and Personnel Committee will be brought forward for Council consideration in the near future. STAFF REPORTS City Administrator Maxeiner reported Public Works crews were out on the streets clearing roadways beginning at 2 a.m. on Friday, December 1, 2006. He noted the crews worked very hard and did a fine job in clearing all City streets. FUTURE AGENDA ITEMS Alderman Glab inquired if there was adequate manpower to address snow removal during the recent snowstorm. Alderman Glab requested a Staff Report regarding comparisons of past and present manpower and equipment availabilities. He suggested this matter be addressed at a future Public Works Committee meeting. EXECUTIVE SESSION: POTENTIAL LITIGATION Motion by Condon, seconded by Santi, to go into Executive Session to discuss Potential Litigation at 8.03 p.m. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Iviolion carried. Council went into Executive Session at 8:12 p.m. Motion by Wimmer, seconded by Murgatroyd, to go back into Open Session at 8.49 p.M. Voting Aye: Sant[, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Council went back into Open Session at 8:49 p.m. ADJOURNMENT Motion by Wimmer, seconded by Santi, to adjourn the meeting at 8:49 p.m. Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. The Meeting was adjourned at 8:49 p.m. MAYOR CITY CLERK • DATE 12/04/2006 11:50 AM CITY OF MCHENRY PAGE 1 AS-NEEDED CHECKS COUNCI MEETING 12/11/06 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 ----------------------------------------------------------------------------------------------------------------------------------- 6101110 100 XXXXX 1195 AFLAC 052414VOLUNTARY INSURANCE 11/07/06 M 110706 2,167.38 725638 100.219 0611 110706 GLJ3906 2167.38 110706 6102114 100 XXXXX 1195 AFLAC 399604VOLUNTARY ADDITIONAL INSURANCE 11/30/06 M 113006 2,167.38 725996 100.219 0611 113006 GLJ4002 2167.38 113006 6101244 100 02 10160 ALBERTSONS 10/09/06 CHRISTMAS BASKET ITEMS 11/10/06 M 111006 2,322.60 725642 100.02.6910 0611 111006 GLJ3932 2322.60 111006 6101245 100 22 10160 ALBERTSONS 10/30-31 SUPPLIES 11/10/06 M 111006 64.65 725642 100.22.6210 0611 111006 GLJ3932 34.66 111006 100.22.6210 0611 111006 GLJ3932 29.99 111006 6101246 100 30 1578 APWA 11/14/06 MONTHLY LUNCHEON MEETING 11/10/06 M 111006 100.00 725643 100.30.5430 0611 111006 GLJ3932 100.00 111006 6102019 510 31 2028 BADGER METER INC 5/8-10/06 WATER METER PRODUCT TRAININ 11/17/06 M 111706 450.00 505817 510.31.5440 0611 111706 GLJ3975 450.00 111706 6101111 100 02 6289 BANKCARD SERVICES 10/2/06 IML CONFERENCE EXPENSES 11/07/06 M 110706 320.80 725639 100.02.5420 0611 110706 GLJ3906 320.80 110706 6101112 100 01 6289 BANKCARD SERVICES 9/20/06 IPELRA CONFERENCE EXPENSE 11/07/06 M 110706 435.60 725639 100.01.5430 0611 110706 GLJ3906 435.60 110706 6101113 XXXXX XXXXX 6289 BANKCARD SERVICES OCT 06SUPPLIES 11/07/06 M 110706 300.25 725640 100.01.6940 0611 110706 GLJ3906 11.13 110706 610.00.6940 0611 110706 GLJ3906 137.39 110706 100.22.6110 0611 110706 GLJ3906 151.73 110706 6102112 100 XXXXX 6289 BANKCARD SERVICES OCT 06TRAINING & SUPPLIES 11/30/06 M 113006 2,096.52 725997 100.01.5430 0611 113006 GLJ4002 9.30CR 113006 100.01.6940 0611 113006 GLJ4002 60.75 113006 100.02.6210 0611 113006 GLJ4002 93.85 113006 100.22.5420 0611 113006 GLJ4002 1507.22 113006 100.34.6110 0611 113006 GLJ4002 444.00 113006 6102006 100 02 3244 CHAPEL HILL FLORIST INC OCT 06GET WELL FLOWER 11/17/06 M 111606 126.00 725649 100.02.6940 0611 111606 GLJ3971 126.00 111606 6110242 440 00 3525 COMED UNDERGROUND CABLE RELOCATE 11/03/06 M 110306 15,132.88 725632 440.00.8600 0611 110306 GLJ3892 15132.88 110306 440-MUNIDR 6101806 100 9419 FOP UNITS I/II PD UNION DUE 11/30/06 M 111706 912.00 725998 100.214 0611 111706 GLJ3954 912.00 111706 6110225 100 9419 FOP UNITS I/II PI) UNION DUE 11/30/06 M 110306 912.00 725998 100.214 0611 110306 GLJ3879 912.00 110306 6101247 100 22 7632 GRANT WRITING USA 11/20-21 WORKSHOP FEE 11/10/06 M 111006 395.00 725644 DATE 12/04/2006 11:50 AM CITY OF MCHENRY PAGE 2 AS-NEEDED CHECKS COUNCI MEETING 12/11/06 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 --------------------------------------------------------------------------------------------------- 100.22.5430 0611 111006 GLJ3932 395.00 111006 6102007 100 33 15013 HD SUPPLY WATERWORKS 4019349 SUPPLIES 11/17/06 M 111606 1,080.00 725650 100.33.6110 0611 111606 GLJ3971 1080.00 111606 6102106 300 00 8532 HOME STATE BANK ONE A SSA BOND INTEREST & PRINCIPAL 11/27/06 M 113006 47,425.00 725994 300.00.7100 0611 113006 GLJ4002 40000.00 113006 300.00.7200 0611 113006 GLJ4002 7425.00 113006 6110243 100 01 9383 ILLINOIS DEPARTMENT OF P NOV 06DEATH CERTIFICATE COPIES 11/03/06 M 110306 494.00 725633 100.01.6940 0611 110306 GLJ3692 494.00 110306 6102079 100 XXXXX 9413 ILLINOIS STATE POLICE LIQUOR LICENSE FINGERPRINT FEE 11/22/06 M 112106 44.00 725990 GRI PIZZERIA/GARY JOHNSON 100.220 0611 112106 GLJ3987 44.00 112106 6102081 510 32 9511 INTERNATIONAL TRUCK & EN 060906A6702007 TRUCK #636 11/22/06 M 112106 56,227.00 505890 510.32.8400 0611 112106 GLJ3987 56227.00 112106 510-VEHSW 6102006 100 22 9564 IPELRA 4/13/06 TRAINING FEE 11/17/06 M 111606 75.00 725651 WOOD 100.22.5430 0611 111606 GLJ3971 75.00 111606 6101114 100 41 9561 IPRA COMMUNITY SERVICE AWARDS 11/07/06 M 110706 140.00 725641 100.41.5410 0611 110706 GLJ3907 140.00 11070C 6102107 100 XXXXX 11390 KLEAN, TRACY 11/17/06 REFUND OF WIS TAX DEDUCTED 11/30/06 M 113006 97.44 725999 100.152 0611 113006 GLJ4002 97.44 113006 6102082 100 22 12042 LAW ENFORCEMENT RECORDS FOERSTER MEMBERSHIP DUES 11/22/06 M 112106 25.00 725992 100.22.5410 0611 112106 GLJ3967 25.00 112106 6102012 100 22 14239 MCHENRY COUNTY 2 CARDS SECURE CARDS FOR CTY DATABA 11/17/06 M 111606 107.00 725652 100.22.6110 0611 111606 GLJ3972 53.50 111606 100.22.6110 0611 111606 GLJ3972 53.50 111606 6110244 760 00 14474 MCHENRY PAYROLL FUND, CI MOLNARFUNDS TRANSFER 11/03/06 M 110306 156.19 4047 760.00.3831 0611 110306 GLJ3892 156.19 110306 6110245 100 22 14278 MCHENRY SPECIALTIES 2006-1454 RETIREMENT PLAQUE 11/03/06 M 110306 30.00 725634 100.22.6210 0611 110306 GLJ3892 30.00 110306 6101248 100 01 15018 NAPOLITANO, JOSEPH HEALTH FAIR LAB REFUND 11/10/06 M 111006 35.00 725645 100.01.6940 0611 111006 GLJ3932 35.00 111006 6101805 100 15019 NATIONAL GUARDIAN LIFE I UNIV. LIFE 11/30/06 M 111706 49.01 726000 100.2191 0611 111706 GLJ3954 49.01 111706 6110224 100 15019 NATIONAL GUARDIAN LIFE I UNIV. LIFE 11/30/06 M 110306 49.03 726000 100.2191 0611 110306 GLJ3879 49.03 110306 DATE 12/04/2006 11:50 AM CITY OF MCHENRY PAGE 3 AS-NEEDED CHECKS COUNCI MEETING 12/11/06 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 ------------------------------------------------------------------------------------------------------------------------------------ 6110221 100 15079 NCPERS GROUP LIFE INS. IMRF LIFE 11/30/06 M 110306 335.00 726001 100.2041 0611 110306 GLJ3879 335.00 110306 6102009 XXXXX XXXXX 15169 NEXTEL COMMUNICATIONS 639911516 CELL PHONE & DIRECT CONNECT 11/17/06 M 111606 1,739.44 725653 100,01.5320 0611 111606 GLJ3971 54.81 111606 100.02.5320 0611 111606 GLJ3971 181.77 111606 100.03.5320 0611 111606 GLJ3971 218.32 111606 100.22.5320 0611 111606 GLJ3971 756.06 111606 100.30.5320 0611 111606 GLJ3971 120.34 111606 100.33.5320 0611 111606 C-LJ3971 171.89 111606 100.34.5320 0611 111606 GLJ3971 26.93 111606 100.41.5320 0611 111606 GLJ3971 150.30 111606 620.00.5320 0611 111606 GLJ3971 59.02 111606 6102010 510 XXXXX 15169 NEXTEL COMMUNICATIONS 639911516 CELL PHONES & DIRECT CONNEC 11/17/06 M 111606 223.90 505818 510.31.5320 0611 111606 GLJ3971 140.47 111606 510.32.5320 0611 111606 GLJ3971 83.43 111606 6110246 100 22 15635 NUGGET RESORT HOTEL 11/14-18 CALEA CONFERENCE LODGING 11/03/06 M 110306 506.88 725635 100.22.5430 0611 110306 GLJ3892 BROGAN & PECHOUS 506.88 110306 6101249 100 33 16491 ONEYS TREE FARM CHRISTMAS WALK DECORATIONS 11/10/06 M 111006 298.00 725646 100.33.6110 0611 111006 GLJ3932 288.00 111006 6102104 100 41 17550 POSTMASTER MCHENRY 1L PARKS BROCHURE IDL)'L POSTAGE 11/28/06 M 113006 99.82 725995 100.41.5310 0611 113006 GLJ4002 99.62 113006 6102105 100 41 17550 POSTMASTER MCHENRY IL PARKS BROCHURE POSTAGE 11/27/06 M 113006 1,962.75 725993 100.41.5310 0611 113006 GLJ4002 1962.75 113006 6102108 100 41 17550 POSTMASTER MCHENRY IL LETTERS FROM SANTA POSTAGE 11/30/06 M 113006 93.60 726002 100.41.6920 0611 113006 GLJ4002 93.60 113006 6102117 100 02 17550 POSTMASTER MCHENRY IL DEC 06 NEWSLETTER POSTAGE 11/30/06 M 113006 1,941.53 726006 100.02.5310 0611 113006 GLJ4003 1941.53 113006 6110247 100 04 17550 POSTMASTER MCHENRY IL WATER/SEWER BILLING POSTAGE 11/03/06 M 110306 836.25 725636 100.04.5310 0611 110306 GLJ3892 836.25 110306 6102080 510 32 17631 PRAIRIE INTERNATIONAL TR 16921 TRUCK #636 DELIVERY FEE 11/22/06 M 112106 250.00 505891 510.32.8400 0611 112106 GLJ3967 250.00 112106 510-VEHSW G102013 610 00 19312 RIVERSIDE BAKE SHOP 630675BAKED GOODS 11/17/06 M 111606 25.06 725654 610.00.6940 0611 111606 GLJ3972 25.06 111606 6102014 100 22 19312 RIVERSIDE BAKE SHOP 630676BAKED GOODS 11/17/06 M 111606 18.48 725655 100.22.6210 0611 111606 GLJ3972 18.48 111606 6102015 100 22 19312 RIVERSIDE BAKE SHOP 631189BAKED GOODS 11/17/06 M 111606 18.48 725655 I DATE 12/04/2006 11:50 AM CITY OF MCHENRY PAGE 4 AS-NEEDED CHECKS COUNCI MEETING 12/11/06 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 100.22.6210 0611 111606 GLJ3972 18.48 111606 6102016 100 22 19312 RIVERSIDE BAKE SHOP 631414BAKED GOODS 11/17/06 M 111606 18.48 725655 100.22.6210 0611 111606 GLJ3972 18.48 111606 6102021 XXXXX XXXXX 20015 SAM'S CLUB OCT 06MATERIALS & SUPPLIES 11/17/06 M 111706 549.35 725656 100.22.6110 0611 111706 GLJ3975 70.16 111706 100-CHARACTER 100.41.6920 0611 111706 GLJ3975 19.22 111706 100.41.6110 0611 111706 GLJ3975 R 49.63 111706 100.41.6110 0611 111706 GLJ3975 C 195.51 1117n6 600.00.6960 0611 111706 GLJ3975 67.52 111706 100.34.6110 0611 111706 GLJ3975 147.31 111706 6102113 510 31 20142SEARS COMMERCIAL ONE GE DRYER 11/30/06 M 113006 328.92 505892 510.31.6110 0611 113006 GLJ4002 328.92 113006 6101250 100 01 20150 SECRETARY OF STATE #441 VEHICLE PLATE REPLACEMENT 11/10/06 M 111006 9.00 725647 100.01.6940 0611 111006 GLJ3932 9.00 111006 6102020 100 01 20150 SECRETARY OF STATE #636 VEHICLE TITLE & REGISTRATION 11/17/06 M 111706 80.00 725657 100.01.6940 0611 111706 GLJ3975 80.00 111706 6101251 100 XXXXX 22497 UNITED PARCEL SERVICE 60X-485 UPS CHARGES 11/10/06 M 111006 26.77 725648 100.22.5310 0611 111006 GLJ3932 12.19 111006 lnn_30.5310 n611 111006 GLJ3932 34.58 111006 6102115 100 XXXXX 22497 UNITED PARCEL SERVICE 60X-485 UPS CHARGES 11/30/06 M 113006 30.51 726003 100.04.5310 0611 113006 GLJ4002 17.82 113006 100.22.5310 0611 113006 GLJ4002 12.69 113006 6102116 100 XXXXX 22497 UNITED PARCEL SERVICE 60X-485 UPS CHARGES 11/30/06 M 113006 44.12 726003 100.04.5310 0611 113006 GLJ4002 24.00 113006 100.01.5310 0611 113006 GLJ4002 20.12 113006 6110248 100 XXXXX 22497 UNITED PARCEL SERVICE 60X-485 UPS CHARGES 11/03/06 M 110306 20.81 725637 100.04.5310 0611 110306 GLJ3892 11.88 110306 100.22.5310 0611 110306 GLJ3892 8.93 110306 6110249 510 31 22497 UNITED PARCEL SERVICE 60X-485 UPS CHARGES 11/03/06 M 110306 7.71 505816 510.31.5310 0611 110306 GLJ3892 7.71 110306 6102105 100 XXXXX 22496 UNITED STATES LIFE INSUR G-190622 LIFE INSURANCE PREMIUMS 11/30/06 M 113006 1,080.00 726004 100.01.4310 0611 113006 GLJ4002 64.80 113006 100.01.4310 0611 113006 GLJ4002 18.90 113006 100.02.4310 0611 113006 GLJ4002 8.10 113006 100.224 0611 113006 GLJ4002 8.62 113006 100.04.4310 0611 113006 GLJ4002 15.68 113006 100.04.4310 0611 113006 G1,34002 32.40 113006 100.22.4310 0611 113006 GLJ4002 502.20 113006 100.30.4310 0611 113006 GLJ4002 40.50 113006 DATE 12/04/2006 11:50 AM CITY OF MCHENRY PAGE 5 AS-NEEDED CHECKS COUNCI MEETING 12/11/06 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 ------------------------------------------------------------------------------------------------------------------------------------ 100.33.4310 0611 113006 GLJ4002 178.20 113006 100.34.4310 0611 113006 GLJ4002 24.30 113006 100.03.4310 0611 113006 GLJ4002 72.90 113006 100.41.4310 0611 113006 GLJ4002 97.20 113006 100.224 0611 113006 GLJ4002 8.10 113006 100.41.4310 0611 113006 GLJ4002 8.10 113006 6102110 510 XXXXX 22496 UNITED STATES LIFE INSUR G-190822 LIFE INSURANCE PREMIUMS 11/30/06 M 113006 162.00 505893 510.31.4310 0611 113006 GLJ4002 76.95 113006 510.32.4310 0611 113006 GLJ4002 85.05 113006 EXPENDED LIQUID ACCRUAL GRAND TOTALS 144,633.59 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 23,981.00 300 DEBT SERVICE-1997A FUND 47,425.00 440 CAPITAL IMPROVEMENTS FUND 15,132.88 510 WATER/SEWER FUND 57,649.53 600 EMPLOYEE INSURANCE FUND 67.52 610 RISK MANAGEMENT FUND 162.45 620 INFORMATION TECHNOLOGY FUND 59.02 760 POLICE PENSION FUND 156.19 **** 144,633.59 t AGENDA SUPPLEMENT TO: Mayor and City Council . FROM: Joseph P.Napolitano,Community Development Director FOR: December 11,2006,Regular City Council Meeting RE: Conditional Use Permit to Serve Alcohol in Conjunction With a Restaurant for Fernando's Mexican Grill at 1237 N.Green Street. Applicant: Fernando Perez,Fernando's Mexican Grill ATTACHMENTS: 1. CDD Report to the Planning and Zoning Commission 2. Unapproved Planning and Zoning Commission Minutes dated 11/16/06 3. Application Packet 4. Ordinance granting a Conditional Use Permit to serve alcoholic beverages in conjunction with a restaurant at 1237 N.Green Street. STAFF RECOMMENDATIONS: To accept the recommendation of the Planning and Zoning Commission and approve the attached ordinance granting a Conditional Use Permit to serve alcoholic beverages in conjunction with a restaurant at 1237 N.Green Street. Description of Request The applicant is requesting a Conditional Use Permit to allow the sale of alcohol in conjunction with a restaurant. The applicant would like to open Fernando's Mexican Grill at this location and have alcohol available with the meals. The site is zoned C-4 Downtown Commercial and has been vacant for several months. Staff Analysis Staff has no concerns with allowing the requested Conditional Use Permit. It is not uncommon for restaurants to serve alcoholic beverages and Staff does not see a problem with allowing this restaurant to enjoy the same privilege as other similar restaurants. Planning and Zoning Commission The Planning and Zoning Commission unanimously recommended approval(6-0) of the Conditional Use Permit to allow the sale of alcohol in conjunction with a restaurant. Community Development Department Report File# Z-692 November 16, 2006 Applicant Fernando Perez 1237 Green Street McHenry, IL 60050 Requested Action Conditional Use Permit to serve alcohol in conjunction with a restaurant. Site Information Location and Size of Property The subject property is approximately 13,322 square feet and is located at 1237 Green Street. Comprehensive Plan Designation Commercial Existing Zoning_and Land Use The subject property is currently zoned C-4. There is currently a building on the site, which was previously a bakery and has now been vacant for several months. Adjacent Zoning and Land Use North: C-4, Downtown Commercial, existing business South: C-4, Downtown Commercial, existing business East: C-4, Downtown Commercial, existing business West: C-4, Downtown Commercial, existing business Description of Request The applicant is requesting a Conditional Use Permit to allow the sale of alcohol in conjunction with a restaurant. The applicant would like to open Fernando's Mexican Grill at this location and have alcohol available with the meals. Staff Analysis Conditional Use Permit In order to serve alcoholic beverages at the proposed restaurant, a conditional use permit is necessary. City Staff has evaluated this use based on the requirements of Table 31. 1. Traffic. The proposed restaurant use will generate traffic similar to other restaurant uses of the same size in the C-4 district. Due to the site being small, all parking will need to be on the street or in the public parking lots. The ability to serve alcohol alone should not create any adverse traffic conditions. 2. Environmental Nuisance. The proposed sale of alcohol will not create any adverse environmental effects of a type or degree not characteristic of Permitted Uses in the zoning district. 3. Neighborhood Character. The character of the neighborhood is mixed retail. This restaurant with alcohol sales will fit within the neighborhood. 4. Public; Services and Facilities. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of Permitted Uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. File#Z-692 Page 1 of 3 Community Development Department Report File # Z-692 November 16, 2006 5. Public Safety and Health. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use or of the general public in the vicinity. 6. Other Factors. There are no other factors with respect to the proposed conditional use. Staff supports the requested Conditional Use Permit to allow the sale of alcohol in conjunction with a restaurant use. Staff Recommendation Prior to Public Hearing Conditional Use Permit. Approval of a Conditional Use Permit to allow the sale of alcohol in conjunction with a restaurant. Staff finds that the requirements in Table 31 of the Zoning Code have been met. Attachments • Location Map • Application Packet File#Z-692 Page 2 of 3 Community Development Department Report File # Z-692 November 16, 2006 -(2 44 .+ Ab G+'i'' 1R J � NLHENfCf'"-•'y'PL. �?j ? '{I/.,''d•" Subject Site 5 ,rli� ;r5• 31'tS al la J`� ' • y r �i 12 AD VENICE r A.� ;r `fir — �'''•x hL -'� AUU.{ �Q" -t LOCATION MAP File#Z-692 Page 3 of 3 Planning and Zoning Commission November 16, 2006 Page 5 Public Hearing—Fernando's Mexican Grill File No—Z-692 1237 North Green Street Vice Chairman Buhrman at 8:25 p.m. opened the public hearing regarding File No Z-692, a request for a conditional use permit to allow the operation of a restaurant serving alcoholic beverages as submitted by Fernando Perez for the property located at 1237 North Green Street. In attendance was Applicant Fernando Perez who was sworn in by Attorney Fetzner. Vice Chairman Buhrman stated noted of the Public Hearing was published in the Northwest Herald on October 30, 2006. A Certificate of Publication is on file in the City Clerk's Office. Notices were sent to all abutting property owners of record. An affidavit of service is also on file in the City Clerk's Office. Mr. Perez stated he intends to operate a Mexican food restaurant at 1237 North Green Street. He estimated approximately 90% of his sales would be generated by food and 101/o by alcoholic beverages. He is proposing a family restaurant and would be seeking a liquor license so that the full range of alcoholic beverages could be served in conjunction with food. Planner Zeller provided the Commission with the Staff Report regarding this matter. Planner Zeller noted that a conditional use permit is required for a restaurant with the service of alcoholic beverages. Staff has no concerns with the request and supports the conditional use permit. Vice Chairman Buhrman invited questions and comments from the commissioners. Responding to an inquiry, Mr. Perez stated there is a bar in the restaurant which could be used for patrons waiting to be seated. He intends to limit the sale of alcoholic beverages to accompany food service. He stated he would operate a family style restaurant. He hopes to open before Christmas. In response to a question, Mr. Perez stated his hours of operation would be 10 a.in. until 10 p.m.. He anticipated he would begin with 5 or 6 employees. If business grows,that could be increased to perhaps 10 employees. Mr. Perez noted he has two employees who are already BASSETT certified and two employees who are health department certified. Motion by Cadotte, seconded by Nadeau, with regard to File No. Z-692, a request for a conditional use permit to allow a restaurant serving alcoholic beverages at 1237 North Green Street be granted; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None, Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. The Public Hearing was closed at 8:35 p.m. 6 FORM A File Number, —�I Z PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street c McHenry,IL 60050 a Tel: (815)363-2170 Fax: (815)363-2173 1. Name of Applicant Z.&.N ^Nnn Tel Address 2� (!t) r-.,,V-N i)A L L - Fax 2. Name of Property Owner L Tel (If other than Applicant) Address - Fax 3. Name of Engineer r'—' Tel (If represented) Address _-- Fax 4. Name of Attorney — Tel (If represented) Address Fax 5. Common Address or Location of Property 2 6?-EED 37 tA Ct-q--63210 6, Requested Action(s) (check all that apply) Zoning Map Amendment(Rezoning) _Zoning Variance-Minor Conditional Use Permit _Zoning Text Amendment __.Zoning Variance Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit,the specific Zoning Variance needed, or the new zoning classification that is requested: FORM A Page 1 of 3 7. Current Use of Property l 0-r 8. Current Zoning Classification of Property,Including Variances or Conditional Uses -91?'2>i .I�� '5 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: T£-6TA(3 Pao tM East: West: ,�� 10. Required Attachments(check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments, ✓ 1. Application Fee(amount) $ Narrative Description of Request 3. FORM A-Public Hearing Application —� FORM B-Zoning Map Amendment(Rezoning)Application _.ice 3. FORM C-Conditional Use Application 6 FORM D-Zoning Variance Application k 7. Proof of Ownership and/or Written Consent from Property Owner in the Form of an / Affidavit V Plat of Survey with Legal Description List of Owners of all Adjoining Properties 10. Public Hearing Notice 11. Sign(Provided by the City,to be posted by the Applicant) 12. Site Plan 13. Landscape Plan 14, Architectural Rendering of Building Elevations 15. Performance Standards Certification _16. Traffic Analysis _17. School Impact Analysis FORM A Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s)to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Si ture of A licant s print N d Designation of Applicant(s) FORM A Page 3 of 3 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street c McHenry,IL 60050 c Tel: (815) 363-2170 Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval cr conditional approval of a Conditional Use Permit,the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please resuond to each of these conditions as it relates to your request, 1 Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 00 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. �b 3 Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. FORM C Page 1 of 2 4 Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities,in such a way as to place undue burdens upon existing development in the area. 5 Public Safetv and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. lv 0 6 Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. "! n FORM C Page 2 of 2 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT FOR FERNANDO'S MEXICAN GRILL LOCATED AT 1237 N. GREEN STREET IN THE CITY OF MCHENRY,MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Fernando Perez, of Fernando's Mexican Grill, requesting a Conditional Use Permit to allow the sale of alcoholic beverages in conjunction with a restaurant for the property legally described on"Exhibit A", attached hereto and incorporated herein; the "SUBJECT PROPERTY", and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on November 16, 2006, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously recommended approval(6-0)of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and fords that the approval of the requested Conditional Use Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION l: That the SUBJECT PROPERTY be granted a Conditional Use Permit to allow the sale of alcoholic beverages in conjunction with a restaurant for Fernando's Mexican Grill. SECTION 2: In granting said Conditional Use Permit, the City Council finds that requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled; 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area; 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity; and 1 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2006 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2006 MAYOR ATTEST: CITY CLERK 2 EXHIBff A The Southeasterly 202-feet of the Northeasterly 50-feet of Lot 5 in Block 23 in the Original Plat of McHenry, on the west side of Fox River, a Subdivision of part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof Recorded July 6, 1840 in Book`B"of Deeds,Page 160, in McHenry County, Illinois. 3 y AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: December 11 , 2006, Regular City Council Meeting RE: Request for Transfer of Class A-14 Liquor License Recommendation: To approve the transfer of the Class A-14 liquor license from China Light, Inc. -to Gary Johnson, President of GRJ Pizzeria, Inc d/b/a Bambinos Pizzeria & Pub subject to satisfactory fingerprint results and BASSET training for all employees involved in the sale of alcohol at the restaurant. Mayor Low was notified by the owner of China Light, Inc. that he sold his building and business located at 1266 North Green Street, to Gary Johnson, President of GRJ Pizzeria, Inc. Mr. Johnson is currently remodeling the building and plans to open a pizzeria and pub. Mr. Johnson will manage the restaurant. He has previous experience in the restaurant business and is conversant with the State of Illinois liquor control regulations. All required paperwork has been submitted for the transfer, Mr. Johnson met with the Mayor, and has been fingerprinted by the McHenry Police Department. CITY OF MCHENRY { License No. s APPLICATION FOR LIQUOR LICENSE Fee Received a Date Issued UNDER Date Received Ad- CITY OF MCHENRY LIQUOR CONTROL Date Effective ORDINANCE Receipt Issued Onut 1 _ TO BE FILED WITH THE — OFFICE OF THE MAYOR Check No. Cashier's Chk. ALL LICENSES EXPIRE APRIL 30 Cert.Check FOLLOWING DATE OF ISSUANCE Cash NAME OF BUSINESS,ADDRESS, &TELEPHONE 1. Please indicate form of ownership:CORPORATION PARTNERSHIP _INDIVIDUAL/SOLE PROP. IF CORPORATION: 2. Corporation Name: Corporate Address: Corporate Phone Number. I 1� -- 3. State of Incorporation: 4. IF PARTNERSHIP: Name: — Corporate Address: Corporate Phone Number: 5. State of Incorporation: IF INDIVIDUAL/SOLE PROP: 6. Applicant's Full Name. Social Security No.: Date of Birth:_ Residence Address: 7. Home Phone: Business Phone: — 8. Citizen of U.S.? If a naturalized citizen,when and where naturalized? — Court in which(or law under which)naturalized: 9. (A)If Applicant is a PARTNERSHIP,give n.. ne and address of all partners holding 5%or more of the partnership interest: (B)If Applicant is CORPORATION, give name, address and telephone number of owners holdi •g 5%or more shares and registers agent: ,( eat C"1 �1 f t�C. ,`c �.,4\.15�:t� •.1 )4/:20r`ZI r`•,c3. PAGE TWO 10. (A)If,Applicant and Local Manager are not the me,give name,address and tel�nhone number of Local Manager: B)Local Manager's: Date of Birth: Place of Birth: Citizen of U.S.? 11. (A) Principal Type of Business: RZ j E ,(L)C �1 12. (B)What is current zoning for this property? (1-Im"'one%C t C 13. Type of License Sought: i--i, 14. Date on which business was begun at this location: r , 15. Does applicant own premises for which license is sought? If not, state name and address of owner and attach copy of executed lease. 16. If property is owned by a land trust,trustee must file affidavit disclosing names and addresses of all heneficial owners and percentage of interest. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church,school(except institutions of higher education),hospital, home for aged or indigent persons or for veterans and their families or any military or naval station? � , A. If answer to the above is"YES", is the applicant's place of business a hotel offering restaurant service,a regularly organized club,a food shop or other place where the sale of liquor is to the principal business? If yes, how long has place of business been in operation? 18. If applicant has ever engaged in tn-business or sale of alcoholic liquor at retail, list address of all Io,.ations(may attach supplemental sheet). �) ,- 19. Give applicant's Retailer's Occupational tax(ROT;Registration Number: �� r I 1�.{J� 20. Are you delinquent in the payment of the Retailer's Occupational Tax(Sales Tax),and if so,the reasons therefore: 21. If this application is for a new license or a transferred license,attach to this Application a copy of A;:plicant's balance sheet and operating statement for the past three years, or if not available,other proof of financial responsibility. 22. State name and address of dram shop insurance company for both the licensee and owner of the building in which the alcoholic liquc will be sold for the duration of the license AND attach a copy of the declaration page showing the insure d parties and amounts of covera^e. 23. Describe parking facilities available to the business: 24. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of N:cHenry pertaining to the sale of alcoholic liquor;and will you abide by them? 25. Will you maintain the entire premises in a safe, clean and .;anitary manner free from conditions,whic-might cause accidents? Y&-S 26. Will you attempt to prevent rowdiness,fights and disorderly conduct of any kind and immediately not?y the McHenry Police Department is any such events take place? NLE 27. Has any manufacturer, importing distributor or distributor of alcoholic liquors dir actly or indirectly pair" or agreed to pay for this license, advanced money or anything else of value or any credit(other than merchandising credit in the ordinary course of business for a period,not in excess of 90 days),or is such a person directly or indirectly intere: =d in the ownership, conduct or operation of the place of business? If answer is "YES", give particulars: 28.Have you,or in the case of a corporatic:r, the owners of 5%or more shares of the corporation or the local manager,or in the case of partnership, any of the partners,ever been convictec,of any violation of any law pertaining to alcoholic liquors? i(` answer is"YES",explain: 29. Have you,or in the case of a corporation, the owners of 5%or more shares of the corporation and they local manager,or in the case of a partnership, any of the partners, ever beer convicted of either a felony or a misdemeanor? jai If se,please describe: 30. is any individual who is directly or indirectly interested in applicant's place of business,a law-enforcing official or elected public official(mayor, alderman, and member of any City commission,committee or board)? r- If so, please state- name and address of such person: 04/2.004 PALL_ THREE 31.List your occupation or employment with addresses thereof for the past 10 years(if partnership or corporation, list same information for each p lnor and the local mnnagr-,r— attach) %L t:�4-4 32.Have you ever been convicted of a gambling offense(if a partnership or corporation include all partners,owners of 5%or more shares of the corporation and the local manager)?_L)[L If so,give all details: 33.Has any owner(s)or member(s)of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager,or director thereof;or, any stockholder owning in the aggregate more than twenty(20)percent of the stock,been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax pence? N 0 34. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? 35. Have you, or any partrer,or Qw�er of 5%or more shares of the corporation or local manager, ever had a liquor license revoked or suspended? [V C" 36. If so,give all details, including location of the licensed property(please attach). CAUTION: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license and/or the issuance of a fine. +YfiRfrtrww�nkFY,##wfi#/rxhYrfFRl4snt#RVrRR+tRRrtY,ikf#R#M'w�t1rYrMfrY`wwRf'M1nwYrwx+.wwlr,YrfifiwkRYrxhYrRRw4MwwfwfVfiY,Rrtf1.4RYrYrlrwRlrRYrk#MR#wYrk4w#RMRRwrwfMRRRNRRMVRRMRMfi4iRfikWyrliRtklrlrYrVr/tfRRYYMwMRRMYr No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises, either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federa! iaw or state statue. 2. Violate or permit a violation of any City ouhnance or resolution regulating the sale of:Jcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule o! regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. "ermit Lr'ie Sale Oi and/or COrISUm 'u�.�� i�� Bif' iiiGUnUnc uevi;�:uc� �u.u::u,a awc�:: a s'F�i:i;, p "_ - U Y V.. ..,,, y�..nt.,u yr ... :.,.. ..,::y City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 1 1:00 a.m.to 5:00 p.m. during Sidewalk Sales on thc� Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic Beverages (not including packaged liquor sales); or (b) alcoholic beverages in non-original containers, such as plastic cups. Only original containers, such as cans, bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code, to take place on the licensed Premises or on, about and/or adjacent to the property vhere the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed prr:mises or allow minors to drin`:alcoholic beverages on t,e licensed premises. 8. Fail to call the --ity Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. RRRRR*RFRRRfiRR RRR#RRRRR#R#fK�++:+HfhR.IrRMY,fwfMww4l+••�+..+Rfi+' �w«fi#fiww#r' �#ww#� ` PAC'cFOUR AFFIDAVIT S i ATE OF ILLINOIS ) ss COUNTY OF MCHENRY ) I,the undersigned,being first duly sworn, deposes and says that I(we), have read the above and foregoi^,g Application,caused the answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation and background c'r:eck by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. SOLE PROPRIETOR: Signature of Applicant Subscribed and sworn to before me this day of 20 NOTARY PUBLIC PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title Subscribed and sworn to before me'his day of 20 N ;'ARY PUBLIC r� CORPORATION: i (Authorized Agent oA6e Corp atab� Si rt xure Print Name- P L.,/ er- Title [Notary ICIAL SEAL" rcia sc Gnbe$hatyd or o bef re me this Public, Statc of ItiOinbt�mm. sion Expir 5/26/i0 of 7 20 NOTARY PUBLIC MANAGER: Signature of Local Manager Subscribed and sworn to before me this day of ,20 NOTARY PUBLIC 04/2004 Item# 31) Employment Information Graduated High School June 2000 College of Lake County 2000-2002 Billiard Store Palatine Il. (out of business) 1999-2001 Installed Pool Tables Midwest Can Company 2001 1950 N. Mannheim Rd. Melrose Park, I1. 60160 Warehouse Help Bennigan's 2001-2002 Rand Rd. Lake Zurich, Il. Server Friday's 2002-2003 Rand Rd. Lake Zurich, II Server Old World. Pizza 2003-2006 216 S. Main Street Algonquin, Il. 60102 Owner Purchase6 in December, 2003 Sold May 2006 t AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Joseph P.Napolitano,Community Development Director FOR: December 11,2006,Regular City Council Meeting RE: Variance from the Subdivision Control Ordinance to Reduce the Number of Required Parkway Trees along Route 31 Applicant: Jim Marinangel,on behalf of MEI properties ATTACHMENTS: 1. CDD Report to the Planning and Zoning Commission 2. Unapproved Planning and Zoning Commission Minutes dated 11/16/06 3. Application Packet 4. Line-of-Sight Photos 5. Ordinance granting a Variance to reduce the required number of parkway trees. STAFF RECOMMENDATION: To accept the recommendation of the Planning and Zoning Commission and approve the attached ordinance granting a Variance to reduce the number of required parkway trees from six (6) to four (4), to allow a different species to be planted, and to move the trees closer to the parking lot,per Staffs review and approval. Description of Request The applicant is requesting a Variance from the City's Subdivision Control and Development Ordinance, which requires that one(1)tree be planted for each 40-feet of lineal frontage. The site has approximately 230 feet of frontage, which requires 6 parkway trees. Mr. Marinangel has expressed concern that if these trees are planted, they will block the visibility of the existing McHenry Savings Bank sign, located at Route 31 and Bank Drive. Staff Analysis Staff is against waiving the requirement for parkway trees on this site, but is receptive to allowing a smaller tree species and relocating the trees closer to the curb of the parking lot, as was suggested at the Planning and Zoning Commission. Staff has met with both Mr. Marinangel and Tom Schmidt of the City's Parks and Recreation Department to determine an appropriate tree species and proximity to the parking lot. If the request is approved, the applicant will prepare a revised landscape plan for Staffs review and approval. Planning and Zoning Commission The Planning and Zoning Commission unanimously recommended approval (6-0) of a Variance to the Subdivision Control and Development Ordinance to allow four (4) parkway trees and to have Staff work with the applicant on selecting a smaller tree species and relocating the trees closer to the curb. Community Development Department Report Z-691 November 16, 2006 Applicant Jim Marinangel McHenry Savings Bank 353 Bank Drive McHenry, I160050 Requested Action Variance to eliminate the required parkway trees. Site Information Location and Size of Property The subject property is 1.31 acres ki-- ted at the southeast corner of Bank Drive and Ii Route 31, more commonly known as 364-382 Bank Drive. Comprehensive Plan Designation Commercial Existing Zoning and Land Use The subject property is currently zoned C-5 and is improved with an inline retail building (under construction). Adjacent Zoning and Land Use North: C-5, Highway Commercial,McHenry Savings Bank South: C-5, Highway Commercial, existing retail building East: C-5, Highway Commercial, vacant property West: C-5, Highway Commercial, vacant property Description of Request The petitioner is requesting a variance to eliminate the installation of required parkway trees for the Parkview Plaza center. The applicant believes that the trees would block the visibility of their sign to northbound Route 31 traffic. The applicant has proposed a revised landscape plan which adds small bushes and flowers to counteract the loss of the trees. The revised landscape plan shows a greater amount and variety of plant species than previously approved. The applicant believes this revised landscape plan meets the intent of site beautification and requests the variance to eliminate the required trees to protect the function of their sign. Staff Analysis The Subdivision and Development Control Ordinance requires parkway trees to be planted along all roadways 40-feet on center along the property's frontage. The site has approximately 230-feet of frontage and therefore 6 trees are required. McHenry Savings Bank has noted that these trees would block the visibility to their existing sign. Staff has evaluated the variance request against Section 1 General Provisions 1.8 Variations in the Subdivision and Development Control Ordinance. Based on this evaluation, Staff would not recommend deviating from any City Council approved Code or Ordinance. 1. Consistent with overall purpose and intent of these regulations and will not be detrimental to the public health, safety or general welfare. The purpose of parkway trees is not only to beautify the City, but to provide areas of shade, soil stabilization, improved water quality, improved climate control, glare and noise reduction and continue the consistency across the City. The substitution of shrubs for trees does not meet the complete purpose and intent of the regulations. Page 1 of 3 Community Development Department Report Z-691 November 16, 2006 2. Conditions are unique to the subject Property Only. There are no unique circumstances on the subject property. This variance request could be applied to all commercial properties within the City and all property along a major corridor (Route 31, Route 120, Crystal Lake Road,and Bull Valley Road). 3. Granting the Variance will alleviate a hardship due to physical surroundings, shape or topographic conditions. The Savings Bank sign is set up along the road and will be blocked by parkway trees up along the roadside. 4. Granting the Variance will not negatively affect adjacent properties. The granting of this variance will actually assist the adjacent development by making heir sign more readable. Staff does not recommend granting a variance from the approved Ordinances. This variance could be used as precedent and applied to other properties throughout the City. Staff believes that a relocation of the parkway trees would protect the Savings Bank's investment and readability of the sign, but keep the look and benefits of the trees. Staff has created an exhibit showing the possible relocation of the parkway trees along side the parking lot curbing. It would appear that these trees would not block the visibility of the sign. Staff would recommend the applicants submit an amended landscape plan which shows the relocation of the trees clustered along the parking lot. Staff Recommendation Prior to Public Hearing • Denial of the Variance to eliminate the require parkway trees along Route 31. Staff finds that the requirements in Section 1 General Provisions 1.8 Variations have not been met. Attachments • Location Map • Application packet • Site photos from the applicant(5 pages) • Previously approved landscape plan • Modified landscape plan • Landscape Plan from staff showing possible revised tree locations (1 page) • International Society of Arboriculture Benefits of Trees Page 2 of 3 Community Development Department Report Z-691 November 16, 2006 1 1 Ir � 1 1 � . 1 � 1 I w 4'+ 1 SUBJECT ----------- ----------------------- SITE •• .. �_____________________ ____a______. ---------------� 1 - 1 1 1 • � CJ , L ^ { "- I rnrx LOCATION MAP Page 3 of 3 Planning and Zoning Commission November 16, 2006 Page 3 In tosing, Attorney Waggoner stated the requested conditional use permit would authoriz is e tAproval o 's site for a dry cleaning plant. The applicant requests a positive recomme ione e to cil to grant the conditional use permit. ion by Cadott , seconded by Nadeau, with regard to File No. 90, a request foa ditional use permit low the operation of a dry cleaning fac' ' with onsite processin 382 Bank Drive as sub d by Green Clean Concepts, granted; and that Table 31, e Criteria for Conditio se Permits, pages 3 - 58 of the Zoning Ordinance, be n met. Voting Aye: Buhrman, Cadotte, Ekstrom dea he ter, Thacker. V ting Nay: None. N t Voting: None. staining: None. sent: Howel otion carried blic Comment at 7:54 .m.hairman Buhrman closed the Pu y� Public Hearing—McHenry Savings Bank File No.-Z-691 364-382 Bank Drive Vice Chairman Buhrman at 7:55 p.m. convened a Public Hearing regarding File No. Z-691 a request for variance from the Subdivision Control and Development Ordinance to eliminate the required parkway trees at 364-382 Bank Drive. In attendance was Mr. James Marinangel of McHenry Savings Bank who was sworn in by Attorney Fetzner. Mr. Marinangel stated notice had been provided to all abutting property owners of his request for variance. Mr. Marinangel stated the McHenry Savings Bank purchased the 14-acre site in order to construct their new building on Route 31. A portion of the property has been sold off. MEI Properties is currently developing their parcel located immediately south of the Bank facility. Mr. Marinangel noted while reviewing the proposed landscape plan for the MEI site, it was noted the required parkway trees would greatly inhibit visibility of the McHenry Savings Bank sign. The Bank is therefore seeking a variance from the Subdivision Control and Development Ordinance to authorize the elimination of the required parkway trees on the MEI site. Mr. Marinangel stated he would prefer that perennials or lower growing shrubs are planted in the parkway so that the Bank sign would be visible from Route 31. Mr. Marinangel also stated in addition to the trees blocking the view of the Bank sign, he is concerned there might be motorist sight visibility problems exiting from the subdivision. He believes trees planted in the parkway would obstruct visibility and would be a hazard. Planner Zeller provided the Commission with a Staff Report regarding this matter. Planner Zeller stated the Subdivision Control and Development Ordinance requires one tree to be planted 40' on center within parkways. In Staffs opinion, criteria numbers 1 and 2 have not been satisfied: Planning and Zoning Commission November 16, 2006 Page 4 1. The variance is not consistent with the overall purpose and intent of the SCDO regulations; 2. Conditions are not unique to the subject property. Planner Zeller stated the variance request is satisfied in criteria numbers 3 and 4, however. Planner Zeller suggested the trees could be moved closer to the MEI parking lot and thereby retain the required number of parkway trees. The applicant has proposed a revised landscape plan which would increase the amount of landscaping on the site. Planner Zeller noted if the Commission would like to work with the applicant, a recommendation could be made to relocate the trees closer to the ME.I parking lot curb. The applicant could also select a smaller tree species to be planted. Vice Chairman Buhrman invited questions by the commissioners. It was noted the City has a valid Subdivision Control and Development Ordinance; however, the applicant does have a valid point with regard to motorist obstruction and sign visibility. Mr. Marinangel suggested weeping crabapple trees be planted as they are smaller and would be less obstructive. Some discussion followed regarding the types of trees and number of trees which should be planted. Mr. Marinangel suggested smaller trees planted closer to the parking lot curb could present a win-win situation. Motion by Cadotte, seconded by Nadeau, with regard to File No Z-691, to recommend to the City Council that a variance from the Subdivision Control and Development Ordinance to allow four trees to be planted in the parkway of the MEI Development located at 362-384 Bank Drive and that: 1. the trees be planted closer to the parking curb, subject to Staffs approval; 2. the trees be selected from the approved parkway tree list; And that the general provisions of Subdivision Control and Development Ordinance, Section 1, Sub-section 1.8 have been met. Voting Aye: Buhrman, Cadotte,Ekstrom,Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. Comments by Commissioners: Ekstrom: There is a problem with requiring so many trees being planted in the parkway especially when overhead electrical wires would cause them to be trimmed or removed. She suggested the parkway tree portion of the ordinance should be reviewed. The Public Hearing was closed at 8:24 p.m. FORM A-1 File Number NON-PUBLIC HEARING APPLICATION Pia uning and Zoning Commission City of McHenry 333 South Green Street McH=Yry IL 60050 Tel: (815)363.2170 Fax: (815)363-2173 1. Name ofApplicarA McHenry Savings Bank Tel 815-385-3000 Address 353 Bank Dr. Fax 815-385-4433 2. Name of Property Owner Park View Plaza LLC' Tel 847-574-1619 (If other than Applicant) � " Address PO Box 494 Fax 847-735-9691 Lake Forest, IL 60045 3. Name of Engineer None Tel (If represented) Address . - Fax 4. Name of Attorney None Tel (If represented) Address Fax S, Co=non Address or Location of the Property 364-382 Bank Drive 6. Requested Action(s) (Check all that apply) Preliminary Plat Developments Final Plat X 'Variation from Subdivision Control Ordinance Provide a brief description of the Requested Action(s), If a variation from the Ordinance " descrbe why it is needed. To ermit the replacement of planned trees along Route 31 for the MEI strip center project with low-growing bushes or flowers. , It is needed in order to prevent the new McHenry Savings Bank sign from being blocked from the vidw of north-traveling automobile traffic. FORM A-1 Pagel of 2 7. Current Use of Pro - P�Y S. Current Zoning Classification of I dpezty, including any Variance or CoaditIolml Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: - '-FF Sa K s 7?,4 South: G- 5 o t ciA-Q East: G - S V4,A :T __....... West: 10, Required Attachments (Check all items submitted) Pre plat • Application Fee • Retained Personnel lee • Preliminary Plat Submittal Checklist (including all items required on this list) • Form A-1 • arrative(9 copies) • P of Survey(9 copies} Fina tat • Application Fee • Retained personnel P`�e • inal Plat Submittal eckliat (including all terns required on this list) + r A-1 • N tine(9 copies) Deve meats . . .Application Fee Retained Personnel FI + orm A-1 • S1 Plan Submittal C cklist (including all items required on this list) Variradons from the Subdivision Control Ordinance • - Application Fee • A tunud Personnel rsonnel F�e corm A.I formF'Vaciatlo ii ��the Subdivision ContraI Ordinance FORM A-1 Page-2 of 2 FORM F File Number_ f VARIATION FROM SUMMSON CONTROL ORDINANCE planning and Zoning Commission City of mciienry 333 South Green Strc McHenry,IL 60050 Tel: (815)363-2170 Fax: (815)363-2173 Section 1.8 of the Subdivision Control Ordinance provides that in recommending approval or conditional approval of the variation, the planning and Zoning Commission shall transmit to the City Council written findings that:all the conditions below apply to the requested action, Please respond to each of these conditional as it relates toy ua r request 1. The granting of the variance is in kccping with this vvcrall purpose and intent of these regulations, and will not be detrimental to the public health, safety, or general welfare. The intent of the regulations is to beautify the city of McHenry. Replacing the trees with } rofessionally, designed landscaping will not be contrary to that goal. Doing so will actually improve the safety of the intersection providing Bank Drive cars exiting onto Route 31 a longer field of view to the south and its heavy traffic. 2. The conditions on which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property. _McHenry Savings Bank' s sign, which cost over $82 ,000.00 to construct, is unique to the property' and its proximity to the intersection of Bull Valley Rd. and Rt . 31 . Care was taken wfieTr installing .the sign to provide good visibility to traffic. The proposed trees will diminish visibility to the south leaving too little time for drivers and passengers to read it. FORM F Page 1 of 2 3. The granting of the variance will alleviate a practical difficulty or particular hardship due to the physical surroundings, shape or topographic conditions of the specific property involved. . Granting the variance will not only make it easier and safer for traffic on Bank Drive to enter Route 31 , (and it should be mentioned that the new Municipal Drive is specifically designed to increase such traffic) , but it will preserve the visibility of McHenry Savings Bank' s monument sign. 4. The granting of the variance will not negatively affect adjacent properties., It will not negatively affect the properties on either side of the MEI development, but it will assist McHenry Savings Bank in promoting its business . FORM F Page 2 of �,�•'�t .m 4�f`r""x F�tu •7r� -1 n `o R,.� � fi2 a-gx.vw ,�, `n�j,,, ,�' L jr -✓,r .,N ' t' i 88 err ;s fl k*d ��'Hh�,, �' st�I r+7.`s,.� r I k� r.. L -,C »y� lf .�,�,�,Pr yv+�•rA.��f(' a �n�, `.A„ �=r!1.7 at ("}ry ar rr'`fit. �`r t"` - e •'�,7 t +����p��?`� �.f r� G�.d�w�r�1 � _ r t r Axd .y � 1 .v! r NCJ T � j4.`I,& .�'„d�1 'F: ,x•,0 Y! �'+S'f r 4 `}r •� ref . '� � rk 4 .� 1 t r i f x�,F � u.-N xr r r�„,�,,_„a �, w tine 'i.J« Y i;.- f �i � t'� ��•'cxxi n �c.T,. `fix.t�hr jy' di'' .,.� B ,` a ����Nr� cw _� �''ra-'�':r11�- 4 � r �.. „y '�j„�'. Y.4'1r21� Ir �1 `t<"1 '�� "S� � 1 L�f-w Lb. /4:6,�''7 L*EJ jt � _ yr Y 1 Ar ']. r„ 4 I {(�F{��� G r 4 ,�.A� 1 r• �}',+,�7��, �"�'�� }�i�.r,���.�rth!�akfi��Y� .s'J'�m.h-'o�;�-j '�t i?M,s4�•� .,�Y f-, - '� �{!.., t' 4rSr�S�r�t 5 i '�'Iyes„x,try;�'�` "�`,der.."'h'L"'i'r''�°'x",�je`+,' .a+'._ , .� r, ,r,'' .v ,Ii t`. r �i>•�i]� rxk,h'h � F 1 .+ d � .�4 �.$,.-: � �'� �;w. �y �J titr rL-<' ,y^°'r• 7� r >� $ i>•, �t G aS'*t' �,as.,��,v ��,t��4 t�T�`�i�r '�"'�-a��"��� � ��•rv,� d_.- � � .a.++a'� .. c, �t 1'�� - , Y� ". x fiafirn,�w�'c �.�4tr� '� i..' � ��•,w 1'�'.-G. �,,�,�� b Imo. •2*'+�'� '•M r Mn Y`'ti't.i d �n� u � k'f nr� - �k`x v r'�` t .r � e �. .�..T... '�„ -k�...w.... -pp ; `� 1 _ ����N� t1y �✓f�"F'ya rrfl� �j u� �' a... 1F � tw,..w��tr...k+cw�. b ..wpqt 4 vl r-s �'Jy.ft t3 I �r 1 . J 1 f 4h, � 4�� m h a}'�-41 '�"r, •"�"w'`-:;.�' �+, n ��t w Y M 4+�` �3�L"•;�4.�'���1,'��{{;; r�F,�il �,�, �' 'ts•,Pn'r s 1 4Y 4 � 3 afro �� 4r�-i i � Ira r '' r..�-� r y1:�7� i �t.6 :ia� �.'4f�>• �� � .. Ilt�'wt� 4 � r r ,Edgy l�' ; � f•. �:.` 'v 1 ,",,• + y��`.. •y 5 �, p � ��, t,Rl�}t r r>� �,� -a`t .. • r�PJ 11'� '`ki^rit ! ';iz '.y 1 f 5 F' rJ�, ! 1'{ 'tYi� f. �Jr.�i:.u�f ue�.v�L�i�Y�+HI a�� �. r r u � � ar 1 x : t -;,,1� ft t,•rc. y t� -�'" .;w.e^ri-+.r m d � '}'C" .}4'n✓1 i �r r- t �,'7 t .c 1 rid r t y A ylyY,—, 1 , a ta, r t S r } ,� 1�� t ,a,}. ��� . y:ryt•'t r+,a � b%,�r '�K c..l 'tl.y r. 4.II.,r ,ert d M of r.,l z :••' 1 i y k Sr lv. '° '� oY. f �`+� �'� _ r�ry�'ri���''���jS�Y�"A" y � � � ✓,'��� r 7 . i L t"'.yf�l iy. �. 9v S � � � a �I 4 1�'Y� � ) .x �.• 9 sk rl ;t t r(yN+�r"r '`�2 � N t � v,.r t r• i� A'-.!* �4�Y�• I ti u v1��v�r'I��P ,�y � .. �.q� ,,��� 7��tZt i c-� -f n.rz; ,:wrl. �`.� ����t°'Piw-tom�4i s•:R' r rS,. � ' �, - %�,J � r8':i' a �t'1T'�y+ "' ..1 ^. :,-� 'x��� l ¢,y.�� F'.�• h��t SCd F%'m- .�- ���... �-�� J��+il •y,���f7L,N�Fy?`',�'•fyl,°iPJS Jii Y, '�S,'!+. tFy Jy' " .•M _ .. pp 'a e •1'�}ti4 , r � ,., ..�tY 1 ✓7r} r.W xt� Y>rt i C�+r •R r ': T .rlG; t era.• � � I:s u N I >.I i ijR 5 tl�'kF 'S Iy+ dfY ., ..Y't•!1 a W 't h i!j�. p... Ger?rNr =r�+ .'rQA " T ✓ Ikrl}` If ,� I xr l S f-. i,�,toV •:'�j ji 1r r � �rid�i. flr �l}li.r 1 ilk' G h�,� 1 r i; a �u r I :" i I' TRl li[/ I 1 yE j71 ✓�,+v IrtrsMe'1�{.{7j�I ,��iFi y.�IS ty.l. ro ,G .. l i �U1S�.x 14 n ri "Iv��rtptllfl( Grlr6 rrni+ r,G}rp�x jr , I I. }'i rt ^ r 1 t :a 1 + r �rri f !rn! ��'11 rw "Mel +.y '.. li- s •.r '1, � e., i r d r YJ' f� � s.?5 r;t"v�',C"4,1 ! �M '! �o r f'i \ + ��,► I � 'k"r�`� rx�`� ,.l,�,y � � y�. ''� v e.fa br ✓P.r:I.,Ih G er.^. >xc rr � 1. rj , i •a y �: � {�3�!L�+ ' + '� �r Irk it��"y��"�14yi'hl y.l r".Jh� y u.:1 +rf a•• •� r4 F R r � 1• I r� INA,f c +rltrn f <IJr.+ FZ tnm r yrr#�f,tVd I• lly ,�✓,, ib r5'frt +(s f V lj { t r '� rA ZI rrT rth yl1vl�h i.. f .4! iA I+ Mr h5 "E" F'c t..-t� 'I" ha .,,Nt:�.d p �r7 1 i t�i7yti i T 4 M Y��, ry7 �.., r ✓it �. ,� f.F rr 5�, t5:,�. t iti. ✓F4r P �- 4 ..V" Y C S. ✓ r 1.,y x G �: I IidY.�,. j :�•>bv �'�" r fir$7'! � s s r 7- '�+� i {{(`�ij '' Ik�ra.,. r �,. ,a pra H,i r!'1,�. ✓1y� r,1Pti r h�`-Kd�r{ b i rr 7'r'•th't 1 1 1;;1,Y F'1� J �l S f�, f I +�r �kf�. l,(`E ,q r Y!"?. A :(�� +�r' ✓ rr�k r :. �+ :.�� v^ t. f I n,-.r " ,In .r 1 *y R I-+tas4t�"1�'Y � � r. r�pY�• I P. i v F r L tG k ! r e + 1 - 1 y :i y ti _� �,r . Ar r k �r aly. 1 LI4 }� wv. ;t r { {sr'" w „ ' �. t,.la ve r 'I n ��51 " ,,.x ,d 4u,».i d Y r ' a._-ry✓r IN w. .x " I "'Y�I' "r'�^rr'lye,9r .1 v r 7r rl' 1 t +• 4 �r -� r "pt :.i ++o r� +F r s ir,!/,nqg.A re •S �1 '; .'.{i « N r ,.. y Y I cY { � w t'� 1 3 ram, '.p. r e I , I'✓21 I ; d �.c•-1,G4'd wnzwrn+wt• �L .,ir..vN.lif r,,..r_5.r I.,..:� .: _,. . .. r i I 5, !1 I Yty a ^�"."- -r,y,c r'awl. sve+ �,µl�+.s,•r'a' %r' Air 44. Ts Y4Y A� ,MF�'S�"Art��}}'t''' A tjr[;!���r �11�r�`gr + 41.7 } �t'AI i1"i t ai I tlKy 8 4� '} N � y �r ,L • 1 X � I+d t� 7>-}y'•�'M1 i rJ Tlff �f N',k. r f I t rcl Iti r r >•t ..x , k';l T fe r r,��>p� r Fd f r �:ia t •I t` w rrti r y i v } r r 41'r r rl+b T } r F t,l x•" ,.� .t mlrt I �. `'+4Ti1 yM, �+)1 Y} •VJ A k•Y ,.1 IM I + �t tJa' f t i I•i Jr r4 �i I�iI'J {I f � 1 f x 1.74�QQ�� p I:s 1 1. 'I'S' #Irt{'Yn Yy.. ���%�ryr.fij lry,{yY�trY �.' Mr��td I.}r$ ��{•ntl .f N t p"! Y I�v ti �.. ,�.,,1 1 '. G Iht I Ih ,�A� Ir�7 ua t rd'yr� t M I K t tf�I.f: 1 I K f�t r^ N _t.,F4 '.r.�Cf+'P X r,t1.J ,:�:I 1 JI p i �3 }'r i rJ I r 'I f t' F F< NY I J!N;^rA s{r I rb �'d � {>•ac a,y u . iy IyAF^� = n`I � �r�1 r f.y,; >� J y r I 1'-�h w a +'c i',ru.J� 9 Sr l�( �,t� r y, ,Y'�l"�r�'t1t• Irt+r!R tr. I ,�i'�:k F 'ul ^:ii aur�C f "ro J:.vt. x91�.ra...<� ^'° .+I,: t it r r':.. a d il'�`�3 (L: •{�. .rh I.^M,t 1lRp, P ri �t{, !;.,, i r f�'id i IS ��Yr _ nL 9 1llf.t�, K F�.11 7% .i .t.tilt,r� I'-r� J / p �tl Iry I.. ry N>tr t rt F '1 t�n._v5 1 ,�.r r k•. 1 f �y9',Yil 4 k,` �1.IS;.• ( �.r'+ r,ritfr �'�4 tIf�•7+Ctir � ry;' { t pf'w 7 $ J�Fz ^A !� !r„'�� f. ny-,''� xrTAa � F... 9;��1Iq�tf htir( ^I.4d7". qW: r 1• 4t:.; K+�a! •v `I yl'C�H� I��}I1 I r �t �� t 91 r I r 4 S t tv d r .,r ;:��'. N",f ,',; !h't�X S3 `'Y•yr r+f7' � � Y �r f t r 4 I" �r�r'°'!p �� „K 41x$•.; Y'.� ��� I. 1����Sf'a,S4s ���I rl�tb rr Ilt✓f+I.17 b ,�tn'ft"�'Nin.,'•w-�`vrwiu' �i.} a h tW a Kl( A ?U�"xi it Ili. 4 �µ tl1 �! !t 'I ✓i �` AN w A� '+V� 5 Jr t h Jrrr 'h 1• 4 +". • k'm^'tf. � Jax nz -t s r t ���4 s+• r,W: + Yr �,t.t(d,t1�yi I ';r .CI g I�h�""W ls•�'f � r dr�+t ,w ACY•'' �' t �, "5'1 s �tr• }�k`c' r J �'`�.1r 'K j*,.. �". t y�., ^yK"�� .r,,� y' .. •. 't .F� :i..iek�'.... ^lr� Mu^.Ir.�..iS.ry,rr..6e�:Ir.rK.. =a{::-Y y,,.iCr•+ A tr 1 J. 'J,•.�J� a "t-' }t" $�x�'. IY`� Ora v 1� tC. .•..�Y/1� tl' �i,TS',�rzr: ICJ{ rt h r C Ju i' V � • "'�� SS��r '�I�I li1 i �A t�• � h .� a .+Gr '+ 1"fu �� �N'� � � � f '^��4tr�14u rti� �d" r� f � S ui. ��1 b� t 9��„ !Y'.r 4•P s � a l r" t R' I r1.�, r��"' ';o � i �'���17�(� tiEr�M4�4tJd� ....� � .�1.. 4N• 12 w � —w F,:Cm.� � . S�H�''q'.`1' �' :ta ?P, ��a��]� �'�1 H•�'ScS, 7rr rr�7 rtlSt7r-'�Pt ,�.,.p,k Gam yr� x •a {�„w*s��`��a���1'kFl t 4� a -..,... .. s-.. 7..� `k:r'r✓ �'a��n'�seW� y' �a7%". _ - ��0.'' .r i 51 ry 1 .�. 1� I �7 ,�cS,�Y',yP AY _ �5"°'r;+, }'''•-'",+ ,, r tt. .y�,...w4r k. ' r—n � r :I ��1 't � 4,lily p �"g f •C..-p7 t._ r r� .' 'r- 'r r. r+'.` x'vL p `r'q 7?7+ r 7 r' tYar '� '� .t". 1 '..Y ..2 - .� •'r YTS"ryll`ff.SY4�"`�.ik'�' fL. 3ar"k''as°0. •�_. Irr•"d. ,1•� � �Fy e' .�i �rl, ORDINANCE NO. AN ORDINANCE GRANTING A VARIANCE TO REDUCE THE REQUIRED PARKWAY TREES FROM SIX(6)TO FOUR(4)FOR 364-382 BANK DRIVE IN THE CITY OF MCHENRY,MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Jim Marinangel of McHenry Savings Bank on behalf of MEI Properties requesting a Variance to reduce the required number of parkway trees from six (6) to four (4) as described in the City's Subdivision Control and Development Ordinance for the property legally described on "Exhibit A", attached hereto and incorporated herein; the "SUBJECT PROPERTY", and WHEREAS, the vote of the Planning and Zoning Commission recommending approval of the requested Variance was unanimously approved(6-0); and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Variance is consistent with the objectives of the City of McHenry Subdivision Control and Development Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY be granted a Variance to reduce the required parkway trees from six (6) to four(4)provided; that the applicant shall work with Staff to select a smaller tree species, relocate the trees closer to the parking lot and shall resubmit a revised landscape plan. SECTION 2: In granting said Variance, the City Council finds that requirements of Section 1 General Provisions 1.8 Variations of the Subdivision Control and Development Ordinance have been met in that: 1. Consistent with overall purpose and intent of these regulations and will not be detrimental to the public health, safety or general welfare. This request is consistent with the intent of the Ordinance and will not be detrimental to the site or the public health, safety or general welfare. 2. Conditions are unique to the subject property only. Conditions are unique to the subject property only. 3. Granting the Variance will alleviate a hardship due to physical surroundings, shape or topographic conditions. Granting this variance will alleviate a hardship that exists due to the physical surroundings, shape or topographic conditions of the area. 4. Granting the Variance will not negatively affect adjacent properties. The granting of this variance will not negatively affect the adjacent properties. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. 1 SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF 2006 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF 92006 MAYOR ATTEST: CITY CLERK 2 EXHIBIT A Lots 1 through 8, both inclusive, in Park View Plaza, a subdivision of part of Lots 1 and 2 in the Northwest Quarter of Section 2, Township 44 North, Range 8, East of the Third Principal Meridian, according to the plat thereof recorded as document number 2001R0090743 in the office of the McHenry County recorded of Deeds, McHenry County, Illinois excepting therefrom any portion of the foregoing descried property located within the Bank Drive and the Park Place dedicated rights of way in McHenry County, Illinois. 3 Q AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Joseph P. Napolitano,Community Development Director FOR: December 11,2006,Regular City Council Meeting RE: Conditional Use Permit to Allow a Dry Cleaner with On-Site Processing Applicant: Green Clean Concepts,Michael Hurd,represented by Lisa Waggoner ATTACHMENTS: 1. CDD Report to the Planning and Zoning Commission 2. Unapproved Planning and Zoning Commission Minutes dated 11 A 6/06 3. Application Packet 4. Ordinance granting a Conditional Use Permit to allow a dry cleaner with on- site processing. STAFF RECOMMENDATION: To accept the recommendation of the Planning and Zoning Commission and approve the attached ordinance granting a Conditional Use Permit to allow a dry cleaner with on-site processing located at 364-382 Bank Drive. Description of Request Green Clean Concepts, Inc. is proposing to open a dry cleaner with on-site processing in the new Park View Plaza., 364-382 Bank Drive. Because on-site processing is proposed, the applicant must obtain a Conditional Use Permit. Solvents and water are used to remove stains and clothes are finished by using tension, pressure and steam. Hydrocarbon(DF 2000)is the solvent used for on-site processing and is delivered in five gallon drums. This is considered a Class 3A solvent and"green"by the State of Illinois. The machine used for cleaning clothes has a capacity of 22 gallons of solvent and can process 10,000 pounds of clothes per gallon of solvent. Previous dry cleaners have used more hazardous chemicals and machines that can hold several hundred gallons of solvent. Green Clean Concepts, Inc. is a low-intensity dry cleaner and poses no significant environmental concern to the site or nearby park. Staff Analysis This request meets the criteria set forth in the Zoning Code for Conditional Use Permits. Staff has reviewed the site plan and sees no concern with the location of this dry cleaner. There will be no drive-thru associated with this use. The dry cleaner will not require any modifications to the approved site plan and will fit with the character of this inline retail building. Planning and Zoning Commission The Planning and Zoning Commission unanimously recommended approval (6-0) of the Conditional Use Permit to allow a dry cleaner with on-site processing. Community Development Department Report File# Z-690 November 16, 2006 Applicant Michael Hurd Green Clean Concepts, Inc. 240 Indian Trail Lake in the Hills, IL 60045 Requested Action Conditional Use Permit for a dry cleaner with on-site processing Site Information Location and Size of Property The subject property is 1.31 acres located at the southeast corner of Bank Drive and Il Route 31, more commonly known as 364-382 Bank Drive. Comprehensive Plan Designation Commercial Existing Zoning and Land Use The subject property is currently zoned C-5 and is improved with an inline retail building. Adjacent Zoning and Land Use North: C-5, Highway Commercial, McHenry Savings Bank South: C-5, Highway Commercial, existing retail building East: C-5,Highway Commercial, vacant property West: C-5, Highway Commercial, vacant property Description of Request Green Clean Concepts, Inc. would like to open a dry cleaner which includes on-site processing at Park View Plaza, 364-382 Bank Drive. The on-site processing would use solvents and water to remove stains. There would also be finishing which would include tension, pressure and steam. Due to the need for on- site processing the dry cleaner must obtain a Conditional Use Permit. The on-site processing involves the delivery of 5 gallon drums of Hydrocarbon. This is considered a Class 3A solvent and"green"by the State of Illinois. The machine used for cleaning clothes will hold 22 gallons of solvent at a time and will process 10,000 pounds of clothes per 1 gallon of solvent. Previous drycleaners have used Percoethalyn which is considered a significantly hazardous chemical. They also used machines that can hold several hundreds of gallons of solvent and would only process 1,200 pounds of clothes per gallon. Green Clean Concepts, Inc. is a low-intensity dry cleaner and poses no significant concern to the site or nearby park. Staff Analysis Staff has reviewed the site plan and sees no concern with the location of this drycleaner in Suite #9. There will be no drive-thru associated with this use. The drycleaner will not require any modifications to the approved site plan and will fit within the character of this inline retail building. File#Z-690 Page 1 of 3 Community Development Department Report File# Z-690 November 16, 2006 Conditional Use Permit Staff has reviewed the proposal and finds that it meets the approval criteria in Table 31 of the Zoning Code as follows: 1. Traffic Analysis. This use will have no affect on the existing traffic patterns in the area or on-site. 2. Environmental Nuisance. This use will not create noise, glare, dust,odor, blockage of light or air, or other adverse environmental effects of a type of degree not characteristic of Permitted Uses in the zoning district. The chemical solvents will not cause any environmental nuisances. 3. Neighborhood Character. This proposed use will fit harmoniously with the existing man-made character of the surrounding areas. 4. Public Services and Facilities. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of Permitted Uses in the district, nor generate disproportionate demand for new services or facilities, in such a way to place undue burdens upon existing development in the area. 5. Public Safety and Health. The proposed use will not be detrimental to the safety or health of the employees or the general public in the vicinity. 6. Other Factors. The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. Staff Recommendation Prior to Public Hearing Conditional Use Permit. Approval of a Conditional Use Permit to allow a drycleaner with on-site processing. Staff finds that the requirements in Chapter XIV Table 31 of the Zoning Code have been met. Attachments • Location Map • Application Packet • Narrative File#Z-690 Page 2 of 3 Community Development Department Report File# Z-690 November 16, 2006 I v I I 1 1 1 � • 1 1 I � ; I I 1 1 R ; I Subject Site •• I q, 1 ----------------------- - -r------- --; --------- -i•— I ————— 1 I I ---------- - ---' ' � 1 1 ; 1 , 1 --� ---_-- °= w--------- ~� EL I 1 I I 1 1 I 1 I ..51)�._ w ... n,4' � :• 1 :• 1 .• 1 :1 1 i 1 1 n• ' :• 1 �• I :I I u , — ._ � � L• It•IL•1 ]• 1 ] I �• I J� 1 �• j• 1 j• 1 . -��`-• I I I 1 � I 1 I 1 i 1 —————' ---——-————'——-—. Cam• rw i i Flip" I 1 I 1 I I 1 � 1 • 1 � 1 1 1 1 1 1 1 1 LOCATION MAP File#Z-690 Page 3 of 3 UNA ED City of McHenry Planning and Zoning Commission Meeting November 16, 2006 Vice Chairman Buhrman called the November 16, 2006 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:35 p.m. in the McHenry Municipal Center Council Chambers. In attendance were commissioners Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Absent: Howell. Also in attendance were Planner Zeller, City Attorney Rob Fetzner, Deputy Clerk Kunzer. Approval of Minutes Motion by Nadeau, seconded by Schepler, to approve the minutes of the November 2, 2006 regularly scheduled Planning and Zoning Commission meeting as presented. Voting Aye: Buhrman, Cadotte, Ekstrom Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: None, Absent: Howell. Motion carried 6-0. Approval of Resolution Establishing 2007 Meeting Dates Motion by Nadeau, seconded by Cadotte, to approve a resolution establishing the 2007 Planning and Zoning Commission Meeting dates as follows: JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M. MARCH - 7:30 P.M. 4 Thursday 1 Thursday 1 Thursday 18 Thursday 15 Thursday 15 Thursday APRIL - 7:30 P.M. MAY - 7:30 P.M. DUNE - 7:30 P.M. 5 Thursday 3 Thursday 7 Thursday 19 Thursday 17 Thursday 21 Thursday JULY - 7:30 P.M. AUGUST - 7:30 P.M. SEPTEMBER - 7:30 P.M. 5 Thursday 2 Thursday 6 Thursday 19 Thursday 16 Thursday 20 Thursday OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M. DECEMBER - 7:30 P.M. 4 Thursday 1 Thursday 6 Thursday 18 Thursday 15 Thursday 20 Thursday Voting Aye: Buhrman, Cadotte, Ekstrom,Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Howell. Motion carried 6-0. Public Hearing—Green Clean Concepts File No -Z-690 364-382 Bank Drive Vice Chairman Buhrman called to order a Public Hearing at 7:37 p.m. regarding File No. Z-690 a request submitted by Michael Hurd for a conditional use permit to allow a dry cleaner with on- site processing at 364-382 Bank Drive. Planning and Zoning Commission November 16,2006 Page 2 Vice Chairman Buhrman stated Notice of the Public Hearing was published in the Northwest Herald on October 31, 2006. A Publisher's Certificate of Publication is on file in the City Clerk's Office. Certified notices were mailed to all abutting property owners of record. An affidavit of service is on file in the City Clerk's Office. In attendance representing the applicant were Applicant Michael Hurd and Attorney Lisa Waggoner of Waggoner&Waggoner Associates who were sworn in by Attorney Fetzner, Ms. Waggoner provided the Commission with an overview of the proposed project. She noted the applicant, Green Clean Concepts, is proposing to operate a dry cleaning plait in the strip center currently under construction at 364-382 Bank Drive, immediately south of the McHenry Savings Bank facility on Route 31. Green Clean Concepts will occupy a 1,200 square foot area. As their will be dry cleaning processing on site, a conditional use permit is required. Mr. Hurd stated he has been selling dry cleaning equipment for approximately thirty years. He noted both dry cleaning and normal laundry facilities will operate on the premises. Mr. Hurd explained the process which will be utilized in the dry cleaning portion of the operation. The solvent DF2000 being utilized is environmentally friendly. One gallon of the solvent will clean approximately 10,000 to 15,000 garments. The machine capacity is 22 gallons. All equipment is approved by the Environmental Prctection Agency and OSHA. Mr. Hurd noted the equipment is manufactured in Japan. After the garments are cleaned they are finished with steam and pneumatic air, then hung and bagged which completes the process. Mr. Hurd stated the industry standard is that customers would typically come from 1 to 3 miles to obtain services at the facility. He further stated there would be no drive-through facility on the site. Attorney Waggoner went over the approval criteria for conditional use permits as stated in the application. Planner Zeller provided the Commission with a Staff Report regarding this project. Planner Zeller noted a dry cleaning establishment with onsite processing requires a conditional use permit. She noted, particularly with the newer technology and reduced amount of dry cleaning and environmentally-friendly solvent needed per load, Staff has no concerns and supports the request. Vice Chairman Buhrman invited comment and questions from the commissioners. Responding to an inquiry, Mr. Hurd stated the DF2000 solvent is safe and environmentally friendly. It costs twice as much to utilize this solvent and its machine than more usual or traditional dry cleaning solvents and methods. He noted the process is dry dirty to dry clean processing. In response to a question, Mr. Hurd stated solvent waste is removed by a hazardous waste hauler. The solvent would be purchased in 5-gallon pails. Approximately 6-8 pails would be used per year. Vice Chairman Buhrman noted there were no questions or comments from the audience. Planning and Zoning Commission November 16,2006 Page 3 In closing, Attorney Waggoner stated the requested conditional use permit would authorize the use of this site for a dry cleaning plant. The applicant requests a positive recommendation be made to Council to grant the conditional use permit. Motion by Cadotte, seconded by Nadeau, with regard to File No. Z-690, a request for a conditional use permit to allow the operation of a dry cleaning facility with onsite processing at 3 64-3 82 Bank Drive as submitted by Green Clean Concepts, be granted; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte,Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None, Absent: Howell. Motion carried 6-0. Vice Chairman Buhrman closed the Public Continent at 7:54 p.m. Public Hearing—McHenry Savings Bank File No. -Z-691 364-382 Bank Drive Vice Chairman Buhrman at 7:55 p.m. convened a Public Hearing regarding File No. Z-691 a request for variance from the Subdivision Control and Development Ordinance to eliminate the required parkway trees at 3 64-3 82 Bank Drive. In attendance was Mr. James Marinangel of McHenry Savings Bank who was sworn in by Attorney Fetzner. Mr.Marinangel stated notice had been provided to all abutting property owners of his request for variance. Mr. Marinangel stated the McHenry Savings Bank purchased the 14-acre site in order to construct their new building on Route 31. A portion of the property has been sold off. MEI Properties is currently developing their parcel located immediately south of the Bank facility. Mr. Marinangel noted while reviewing the proposed landscape plan for the MEI site, it was noted the required parkway trees would greatly inhibit visibility of the McHenry Savings Bank sign. The Bank is therefore seeking a variance from the Subdivision Control and Development Ordinance to authorize the elimination of the required parkway trees on the MEI site, Mr. Marinangel stated he would prefer that perennials or lower growing shrubs are planted in the parkway so that the Bank sign would be visible from Route 31. Mr. Marinangel also stated in addition to the trees blocking the view of the Bank sign, he is concerned there might be motorist sight visibility problems exiting from the subdivision. He believes trees planted in the parkway would obstruct visibility and would be a hazard. Planner Zeller provided the Commission with a Staff Report regarding this matter. Planner Zeller stated the Subdivision Control and Development Ordinance requires one tree to be planted 40' on center within parkways. In Staffs opinion, criteria numbers 1 and 2 have not been satisfied: FORMA File Number -(o c?D PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry,IL 60050 a Tel: (815)363-2170 c Fax: (815)363-2173 1. Name of Applicant: Green Clean Concepts,Inc. Ttl: 847-854-9279 Address: 240 Indian Trail,Lake in the Hills,Illinois 60156 Fax: 847-854-9279 2. Name of Property Owner: Parkvie_w Plaza,LLC Tel: (If other than Applicant) Address: P.O. Box 494,Lake Forest,Illinois 60045 Fax 3. Name of Engineer : Tel: (If represented) Address: Fax 4. Name of Attorney: Lisa M. Waggoner Tel: 815-477-0830 (If represented) Address:Four North Walkup Avenue, Crystal Lake Illinois 60014 Fax: 815-477-0834 5. Common Address or Location of Property. 382 Bank Drive, Suite#9,McHenry Illinois 60050 6. Requested Action(s)(check all that apply) _Zoning Map Amendment(Rezoning) _Zoning Variance-Minor X Conditional Use Permit _Zoning Text Amendment _Zoning Variance —Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: The applicant is reguesting a Conditional Use Permit for a dry-cleaning and laundry plant with processing to be performed on site. FORM A Page 1 of 3 7. Current Use of Property A strip mall is currently being constructed on the property. 8. Current Zoning Classification of Property,Including Variances or Conditional Uses The property is currently zoned C-3.Community Commercial District 9. Current Zoning Classification and Land Use of Adjoining Properties North: C-5 Highway Commercial District and Use,bank facility South C-5 Highway Commercial District and Use, shopping center East: C-5 Highway Commercial District and Use,Vacant West: A-1 Agriculture under the McHenry County Zoning Ordinance and Use=Vacant 10. Required Attachments(check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee(amount)$ 960.00 X 2. Narrative Description of Request X 3. FORM A—Public Hearing Application 4. FORM B-Zoning Map Amendment(Rezoning)Application X 5. FORM C—Conditional Use Application 6. FORM D—Zoning Variance Application X 7. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X 8. Plat of Survey with Legal Description X 9. List of Owners of all Adjoining Properties X 10. Public Hearing Notice 11. Sign(Provided by the City,to be posted by the Applicant) X 12. Site Plan 13. Landscape Plan 14. Architectural Rendering of Building Elevations 15. Performance Standards Certification 16. Traffic Analysis 17. School Impact Analysis FORM A Page 2 of 3 U. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s)shall be filed with the application stating that the Applicant has the authority from the owners(s)to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's . officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five' percent of the outstanding stock or interest in the corporation or interest shared by the Iimited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number,and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an, ordinances) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) Park View Plaza,L •C, Owner Green Clean Concepts,Inc.,Lessee By. And Petitioner CO R_ Q By. l e.Lti FORMA Page 3 of 3 Attachment to PARK VIEW PLAZA, LLC Application for Conditional Use Permit to the City of McHenry Legal description Lots 1 through 8,both inclusive, in Park View Plaza, a subdivision of parts of Lots 1 and 2 in the Northwest Quarter of Section 2,Township 44 North,Range 8 East of the Third Principal Meridian, according to the plat thereof recorded as document number 2001R0090743 in the office of the McHenry County Recorder of Deeds, McHenry County, Illinois. Zoning;MEI legal dese FORM File Number _� 7U CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street 11 McHenry,M 60050 c Tel: (815)363-2170 o Fax: (815)363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates toyour request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. Site has been approved by City for a Strip Mall with nine units, and a studies already have been completed. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. There should be no adverse effects of this nature. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. The facility will have the same character as the surrounding buildings and uses There should be no negative impact on the surrounding properties. 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities,in such a way as to place undue burdens upon existing development in the area. The proposed dry-cleaning facility will not require community facilities or services that are disproportionate to that normally expected in the C-3 District Rather, the requirement for services will likely be at the expected level for this tyke of use. FORM C Page 1 of 2 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. Proposed use will employ brand-new state-of-the-art processing equipment which meets or exceeds all EPA, OSHA.Federal, and State rules and regulations Only"green"or environmentally friendly cleaning solvent will be used in processing of garments 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. These types of shopping centers offer a variety of local products and services to residents and visitors to the area. Our proposed use will be in harmony with all other elements of compatibility and the shopping center has already been approved at this site FORM C Page 2 of 2 NARRATIVE DESCRIPTION OF APPLICATION OF GREEN CLEAN CONCEPTS, INC, AS LESSEE, AND PARK VIEW PLAZA, LLC, AS OWNER, FOR CONDITIONAL USE PERMIT BEFORE THE CITY OF MCHENRY PARK VIEW PLAZA, LLC owns 1.177 acres (Lots 1-8 in Park View Plaza) located at the southeast corner of Bank Drive and Illinois Route 31 and has begun the construction of a new shopping center on the property. The shopping center will have a total gross leasable area of 10,800 square feet made up of nine (9) 1,200 square root units. GREEN CLEAN CONCEPTS INC and PARK VIEW PLAZA LLC have entered into a lease for Suite 9 at the property and they are applying for a conditional use permit for the purpose of operating a dry-cleaning and laundry plant with processing in the newly constructed shopping center building. CL[A concipT sr inc. ° F A Cleaner Solution �r October 26, 2006 Elizabeth A. Zeller, AICP City Planner 333 South Green Street McHenry, IL. 60050 RE: Conditional Use Permit for 382 Bank Drive, Park View Plaza Dear Ms. Zeller: Thank you, for your prompt response. Below please find our response to your questions. 1. The average dry cleaning customer lives within 1 to 3 miles of the store location. Most customers will not travel more than 5 miles to a cleaners unless it is on their way to or from work. Yes most dry cleaning customers are from the local/immediate area. 2. There is 1 cleaner (Express Cleaners) within 1 mile. Within 5 miles there are to the best of our knowledge 6 cleaners 3. We do not currently own or operate any dry cleaners at this time. I currently also hold the position of President for H&H Midwest Distribution, Inc., which is a equipment distributor of dry cleaning & laundry equipment to the industry. 4. Garments are classified by type, color, weight, fabric and are either processed by dry cleaning (solvent based) process or are wet cleaned using water and detergents. Garments are inspected for stains and pre- spotted before cleaning if required. After cleaning garments are inspected for any remaining spots or soil. Garments are then finished (pressed) using special pressing equipment which uses tension, steam, air, pressure and vacuum to achieve the final finish. Garments are then assembled and package for return to the customer 240 Indian Trail, Lake in the Hills, IL. 60156 Phone/Fax 847.854.9279 i iA LEAA conCIPTS, inc. A Cleaner Solution hope that my response is sufficient and answers your questions. If you would require any additional information please do not hesitate to contact me anytime by calling 847-456-2781 (cell) or at H&H Midwest Distribution 847-854-7409. Thank you, Sincerely, Michae T. Hurd President Green Clean Concepts, Inc. 240 Indian Trail, Lake in the Hills, IL. 60156 Phone/Fax 847.854-9279 CONSENT of PROPERTY OWNER Your Petitioner, PARK VIEW PLAZA,LLC,respectfully represent to the Zoning Board of Appeals of McHenry, as follows: That Park View Plaza,LLC,is the owner of record of the real estate which is the subject of this petition and is located on Illinois Route 31,McHenry, Illinois,in Nunda Township. That the Petitioners are requesting a conditional use permit for the subject property. That the Owners of the described real estate do hereby freely and voluntarily consent to the proposed use of the parcel in question for purposes of determining the appropriateness of the pending proposed zoning petition by the McHenry County Zoning Board of Appeals. Park View Plaza, LLC By: Subscribted and Swo to before me this � \ day of Notary ublic OFFICIAL SEAL LISA M 141AGCONER NOTARY PUBLIC STATE OF II.LINOIS MY COMMISSION1 EXI-. OCT.28,20% 4&=:�, AL TA/A( 3M.LAND TI TLE SUR! :"Y CON OON Lots 1 thru 9,In Perk V7ew Plan,bNng a Subd*1bir ofpart o/Lob 1 and 21n the Nodhwrst �� •�+ Quarter ol'Seedon 2,Township 44 Na-A Renee S East oI he Third Pdhdpa/Merrd7en,according to a•' u� the let themotrewrded November 30,2001.es Document No.2001R0090743,An McNa dui rnra,r P MY c4umY, r.,ww.. dllnols. ! 3 a o a s o o r 25 W. Ul L ` •25.95' f7pU50C ESM / ee m=r es sd as as sear '� I I -----BANK �4s.� N90•ooE RIVE— a.rs.ar { H•2 Cur �I L•11tGSS I I 1 L.29Aa NERETCFd1E D!D CATED FO11 PIMLIC RW iPIIRPOSE4 SIGN 1 r r err s m>m ores es c r a m EA4EMENT ea.s�es es r��r r es r r �49'02'01' I SK.WS,saear N90'0000100'E 219.5T 0 P rr-- I II I I I( LU ( I I i( 1 2 3 4 5 6 7 8 9 I o (I p ;( I a2ae 0.1J/ o.a1 o.u1 afar 'ant o.rs afu 0.132 10 11 12 13 14 15 7 I N IAwn Aau Aeme Aaw A.W Auer AOW Aass Aam a i III /� I I� 19 16 1 W I Ijo''� .,•"lI VIA Ii2.0 U 5/e'S�eMfle/ 11 t Pueue rrr EMENT T� f T �soD' I Zs.oD uv�zer ,.�L, V Ed N$9 Sf45"W MEAS-44247 DEED-44274' '�� 'x` F M'StW PIW .,L)NESCi,TiiMUZWEST Found Y4-5 Npot h Stab A DUARLrF.A°T'SEO I I � I I Ana E zft0bdCamwTlrlBug" � 1 II 4J9.0 a a Srsrav Abfel' f,This poppy la.Men dw ewparm yrMm atm Cly ammeemy. SrATECFXUNOf$1 2 Okreurlanr akxp ernwt am am a9aanc>.s odes owrrwbe need )SS. CCIINrY OF MdiEARYJ J.aeead aaMps end euarroe shown Hereon«.bwdon subdAdston p u anw,wd Ho oknarrrdoru Jm0 W ssaesnd bysaf*2.DWSeK s m CenXW her 1)ME,Pmpnks,LTO.,m Mycis eorp"aar . ( shown are ene umm d dsunca,uWv cumnAm need 2)raw TWO lmunume Company j � I.Campwe Wa O4Lw0a desdpJon rreda2s6weymanwnenp bare JJ MUN^r7�e'kwe Bank + LEGEND 9..nakwndrdynpon.nye.+vprndeemr,.umryw. eersra,a, a n*CawenBmm"f Omer No 000""Off SM,WSOWe eofMnen 17, de,Is In A"19mun smrdaNDMu qq,*. ,dun td STOW 2M ovpweeby Tkw Tftlnm nca Coppery wrsuad* ALrAtA=14L"rWS4veys.'P&6,m&b&WndedWdtyALTA end r tuwmts PrW&VL h Of dub piaf. NSPSIN 204 and uehdes Nano 1,4,70.e,fa S 1 to Cr r8bla A Nnea. u sww.csr (,•11 PmLONto Nor aomm7eomderds as adoPMbyAL M vdASCM awki a.Cup•f kpmveninW Owe w vimbte ham few ground M dm of Beef ore du aYw elobilm tlNotbeL undnpnedANOWceNMs dyl m My �✓ rtiwrbewsrcrar b ravey and tlkotgr,nenns/pamh and we&tM.Oft Crum Sim om shown - PassaWWap6.en,aapnd.usreywnpfstemdln ors Sbhalufiob. e lrbeY"VAX OftftftfO(v*pn, q"&WPoP*n@lAaaeacy of Nis XrMy don notescrd Nat wNalb c APNOWeedowwt 7 0&W Omen dsrbO cab r tf•w n,W here*.Nis ft"y makes no d +'Nd1 sukmmnfmOaNkp Me adLaPrimeone wabrencar any servo of /V-dy OWVrP+openl'shown moron IS bnatedbe Fbodzom'C,(am of SN+ea, alb1' mkeindaoodsW acswdnp to for Fdime Fme,pancy MenaprmnrAOwxy _� (FEAU)Flood ksuseeae FIRM Map Ct%muay P.Wft.1707J20210A t A Amneo4au Neu may be budM loot buAdkp and,or.oMV ender eeodre daft SPOPOKJo.1091. S rwr wrowwr 9 � orb nor been dwnf.Megfu one bvdt menkaiau/esrryJ hate nor been vN.vwaur Q sow. TA's PmAwlvW mn"cwdb m to Ne omvW lands m*imgn snndw*fu a boundmy Pj"y. j COMM _—_ 9.rtaaienm Cbcaanerd Na l00iRaJ9074J/,acwdeep4rCrwbdiv4lonJ CLeM._Csvns• .rr Lfb. Mpm.YieM mLNiq roauDr'dptiYq•a—me^dr•mrmapd aNfh MredNae_esya ,A.C., rAcewwar,r OeO=#r•_4"_ rc'ae Q asemrna,Sndstoemwearmfenb'orraasrrnentr(esnylaeshowrrannW SCabt r+uo• SW_?_T,fi_L a awKJlra[ •or pieL Rekrenoe Damww a Ab.2001OW75354 and 2D02R00121M kr f-so SAMCF8e4eAr1 Aw• aslmoow , Covawre end ankididv arhakp Vier prnperys Tharw L Clduwskl MOONS.Espun.s r tam PaN_• ruy.,sami' Yri0eweee ~ PROFESSILNW.LANC SURVEYOR 1 "Alo•rAPP-0"w „ ra Ne areasassbsm Ld r to m o&Rap Jt'absp—b" LA� rcw,eer 1 neLa*vmrenw•airree ae�e'4� i1.Sw Ablo loft Reomdd PYu ef&ddver/an krWm sndcoexW" mraPn+aby er..vppe.tbyw Oyd MaHney,mrrkq lo pym«a ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A DRY CLEANER WITH ON-SITE PROCESSING AT 364-382 BANK DRIVE (SUITE#9) IN THE CITY OF MCHENRY,MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Green Clean Concepts requesting a Conditional Use Permit to allow a dry cleaner with on-site processing for the property legally described on "Exhibit A", attached hereto and incorporated herein; the"SUBJECT PROPERTY", and WHEREAS, a public hearing ort said petition was held before the Planning and Zoning Commission on November 16, 2006, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously recommended approval(6-0) of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY be granted a Conditional Use Permit to permit a dry cleaner with on-site processing. SECTION 2: In granting said Conditional Use Permit, the City Council finds that requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled; 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area; 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity; and 1 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF 2006 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2006 MAYOR ATTEST: CITY CLERK 2 EXHIBIT A Lots 1 through 8, both inclusive, in Park View Plaza, a subdivision of part of Lots 1 and 2 in the Northwest Quarter of Section 2, Township 44 North, Range 8, East of the Third Principal Meridian, according to the plat thereof recorded as document number 2001 R0090743 in the office of the McHenry County recorded of Deeds, McHenry County, Illinois excepting therefrom any portion of the foregoing descried property located within the Bank Drive and the Park Place dedicated rights of way in McHenry County, Illinois. 3 TO: Mayor and City Council FROM: Douglas P.Martin,Assistant City Administrator FOR: December 11,2006,Regular City Council Meeting RE: Redevelopment of the former Medical Arts Site,1110 N.Green Street COMMITTEE RECOMMENDATION: To authorize Staff to bring forth for City Council approval an agreement with Curtis Commercial of Lake in the Hills for the redevelopment of the former medical arts site at 1110 N. Green Street, with incentives totaling $2,000,000 as well as the rights to 8 boat slips, contingent upon site plan and zoning approval. Redevelopment of the former Medical Arts Site(1110 N Green Street)Review Process The review committee for the redevelopment project at 1110 N. Green Street, consisting of the following members: Mayor Low, Doug Maxeiner, Joe Napolitano, Alderman Condon, Alderman Murgatroyd and Pat Schafer have reviewed the proposed conceptual redevelopment plan for the former medical arts site, as well as the financial incentives proposed for the project. Conceptual Redevelopment Proiect Summary The proposed project is a four-story mixed-use building, with 7 retail/office spaces (17,000 square feet) on the first floor and 24 residential dwelling units (45,000 square feet) on the remaining three floors (site plan and renderings are attached to this supplement). The mixed-use project is very similar to the one originally envisioned by staff. Included as part of the project is a two-story parking structure with the first level designated solely for the use of the private residences and the second level being a public parking deck for the retail/office portion of the project, as well as the general downtown area. The second level of the parking structure will yield approximately 55 additional spaces. (Developer will do a power point presentation, as well as have a rendering of the proposed parking structure at the December 1 Vh meeting). Summary of Proposed Financial Incentives The incentives totaling $2,000,000 include: transfer of the medical arts property to the developer, cost of and including all funds that the City has invested in the property to prepare for redevelopment,public improvements for the redevelopment project,reimbursement of a portion of the permit and capital development fees and partial funding to be used towards the cost of constructing a public parking deck(list of dollar amount of incentives is detailed below,as well when each incentive will be realized by the developer). Land Acquisition/Site Preparation* $1,348,972 Permit Fee and Impact Fee Reimbursement** $230,000 Site Improvements/Utilities*** $300,000 Contribution to Public Parking Deck*** $121,028 Eight Boat Slips** $2,000,000 All incentive numbers are approximate * Incentive realized upon transfer of real estate ** Incentive realized upon issuance of a building permit *** Incentive realized on a reimbursement basis (after TIF increment is generated to reimburse the developer) The total cost and improvement of the property,which was originally absorbed by the City,will be reimbursed to the General Fund from the tax increment generated from this project. All the incentive payments will be phased over a five-year period. Attached to this supplement is a financial summary of the development which includes yearly TIF fund increments for the entire life of the TIF district and a dollar amount reimbursement schedule for this project. Downtown Redevelopment Business Plan With the proposed medical arts redevelopment full increment projected to be realized in 2008, the cost of the first phase of the Riverwalk will be repaid to the General Fund in full by 2016, in accordance with the Downtown Redevelopment Business Plan. In addition, all public participation costs for the 1110 N. Green redevelopment project are projected to be repaid to the General Fund in 2017, also in accordance with the Business Plan. The Business Plan; however, assumes a project value of$7.0 million and the full $140,000 increment to be realized in 2008. The proposed project has a project value of approximately$10.9 million, with a projected full increment of$230,000 to be realized in 2009 with public participation costs to be repaid in full by 2016. Table D-1 Medical Arts Site Project Recommendation for Development Incentives October 30, 2006 Committee Meeting Land Acquisition/Demolition * $1,348,972 Permit Fee and Impact Fee Reimbursement ** 230,000 Site Improvements/Excavation/Storm Sewer *** 300,000 Contribution to Public Parking - Deck *** 121,028 Total Development Incentives $2,000,000 Notes: * Incentive realized upon transfer of real estate to developer ** Incentive realized upon issuance of building permit *** Incentive realized on reimbursement based (after TIF increment present to reimburse the developer) Table D-2 Medical Arts Site Project Recommendation for Development Incentives October 30,2006 Committee Meeting Total Project Value(MV) $10,753,786 Public Participation $2 000,000 Baseline Value last) $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $882,783 $862,783 Additional Value 5,376,893 10.753,786 10,968,862 11,188,239 11,412,004 11,640.244 11,873,049 12,110,510 12,352,720 12,599,774 12,851,769 13,108,804 13,370,980 13,638,400 13,911,168 14,189,391 14,473,179 14,762,643 15,057,896 Property Tax Rate 6.9669 7,0900 7.0900 7.0900 7.2600 7.2600 7.2600 7.2600 7.2600 7.2600 7.2600 7.2600 7.2600 7.2600 7.2600 7.2600 7.2600 7.2600 7.2600 7.2600 7.2600 Public Participation 1,348,972 230,000 106,211 123,789 191,028 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Increment(1110 Green Only) (20,501) (20,863) 106,211 233,285 244.083 249,392 254,807 260,331 265,964 271,711 277,572 2a3,551 289649 295,870 302,214 308,686 315,287 322,020 328,888 335,893 Cumulative(1110 Green Only) 0 (20,501) (41,364) 64,847 298,132 542,215 791,607 1,046,414 1,306,745 1,572,709 1.844,420 2,121,992 2,405,543 2,695:192 2,991,062 3,293,276 3,601,962 3,917,249 4,239,269 4,568,157 4,904,050 Developer Incentives 0 1,348,972 230,000 106.211 233,285 81,532 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cumulative Proj Costs 0 1,348,972 1,578,972 1,685,183 1,918,468 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2000,000 2,000,000 2,000,000 2,000,000 2.000,000 Annual Net 0 (1.369,473) (250,863) 0 0 162,551 249,392 254,807 260,331 265,964 271,711 277,572 283,551 289,649 295,870 302,214 308,686 315,287 322.020 328,888 335,893 Cumulative Net 0 (1,369,473) (1,620,336) (1,620,336) (1,620,336) (1.457,785) (1,208,393) (953.586) (693.255) (427,291) (155,580) 405,543 695,192 991,062 1,293,276 1,601,962 1,917,249 2,239,269 2,568,157 2.904,050 1 =t M . :.,.owl.lt5 �i iicRl!aN Proposed by -IRA r loll% r. r-• loll, Northwest Professional Center, L.L.0 Winding Creek Center, L.L.C. New Paradigm Custom Homes, Inc September 29, 2006 Joseph P. Napolitano Community Development Director City of McHenry 333 South Green Street McHenry, IL 60050 RE: Request for Proposal, Medical Arts Building, 1110 N. Green Street, McHenry, IL Joseph P. Napolitano: John Curtis has been in the real estate industry for 29 years and has been a General Contractor/Developer in McHenry County for more than 12 years. Curtis Commercial received the Village of Algonquin Business Award in February 2006, in Recognition of its Exemplary Architecture on the Winding Creek project. Graphic Presentation • Please see the attached renderings for the proposed Green St building. Our vision is to see a 4-story, aesthetically-pleasing building with retail/office on the first floor and residential on the remaining floors. • A parking structure will be located in the southeast corner of the property. This will be a two story structure with a garden level reserved for condo tenant use and an upper level for public parking. There will be 55 parking spaces per level. • The structure will have a core on the east side with glass walls and roof and a glass elevator. Much of the rooftop area of the first floor will be gardens, pathways, and benches reserved for resident use. • The building will house 24 residential units and up to 7 retail/office spaces. There will also be an area set aside on the first floor for residential storage. The building will be -- roughly 62,000 square feet with 45,000 square feet of residential space and 17,000 square _. feet of commercial space. • Awnings will be hung on the east side of the building, one for each suite front, and a similar awning system with freestanding umbrellas will be placed on the north side. On 1128 W.Algonquin Rd.,Lake in the Hills,Illinois 60156 Phone: 847-854-8196 Fax:847-854-0583 -- Email: curtiscommercial@sbcglobal.net •... the north side, the patio will be partially covered. The patio will consist of concrete borders and inlaid with brick. (Similar in style and appearance to the Riverwalk next to it.) This area has the possibility of being used as a seating area for a small restaurant/eatery in the northernmost commercial suite and a public seating area, as well. • The shadows cast by the building will fall on parking lots only, this building's lot to the east and the public lot to the west. • Roof-top units (RTUs) will be the only equipment on this building. The RTU's will be properly screened and today's models are made to create nominal noise. If a restaurant were to occupy the end suite near the Riverwalk, vents and air intakes would also be on the building but neither creates noise. �— • If selected as contractor for the project, and the city engineering department deems it necessary, a traffic study would be conducted. • The commencement of this project, full architectural and civil engineering plans, would be immediate if chosen as contractor for this project. Upon approval and receipt of permits, construction would begin. • Please see the enclosed landscaping plan. Development Team Identification/Key Project Participants • Curtis Commercial will be leading the development team and will be the general contractor on the project. • ALA Associates in Crystal Lake will be complete the architecture and design aspects. • Legal counsel will be Josh Barney of Barrington. • Engineering Consultants will be Haeger Engineering of Schaumburg. • Site supervision and project coordination including bidding, estimating, acquiring permits, purchase order tracking, scheduling, and warranties are all accomplished by in house personnel. Financial Capability John Curtis and Curtis Commercial have been extended credit at: • Lake In The Hills Bank for $4,000,000 • Great Bank for $5,875,000 • Harris Bank for $2,500,000 Curtis has always paid down its lines of credit and paid off loans and continues to have — excellent credit at all financial institutions it does business with. Development Experience/Project Financin Management Experience Curtis Commercial has managed the construction of recent projects that include • Mitchell Aircraft in Cary -- • Winding Creek Retail Center in Algonquin — 1128 W.Algonquin Rd.,Lake in the Hills,Illinois 60156 Phone: 847-854-8196 Fax: 847-854-0583 Email: curtiscommercial@sbcglobal.net A.Ek • Foundations Montessori School in Algonquin • MedCom Professional Center in Crystal Lake • Kuhlman Medical in Crystal Lake • Northwest Professional Center in Crystal Lake All projects have been financed by Curtis Commercial through its lending institutions, with the exception of Mitchell Aircraft and Kuhlman Medical. Organization/Management Approach Curtis Commercial's main CPA is the full service accounting firm of Jeffrey W. Krol & Associates in Chicago, who provides Quarterly and Annual Reviews. • Financing details, draw requests, and accounting/bookkeeping are all done in house. Curtis Commercial currently obtains financing through Lake In The Hills Bank, Great Bank, and Harris Bank. • Curtis Commercial will use Jack Minero at Prudential First Realty and/or Joe Billitteri at Premier Commercial Realty as brokers for the commercial and residential marketing of the product on the proposed site. • In house marketing consists of newspaper ads, brochure placement and mailers, and word-of-mouth recommendations. • Curtis Commercial, ALA, and Haeger Engineering will work together on forming a design for the building and the land. Curtis Commercial prides itself on delivering a high quality product in conjunction with providing very expedient architectural/civil development and construction that is efficient and timely. Curtis Commercial always maintains an extremely neat and clean job site. Curtis Commercial will be developing the entire site. This unique project will combine residential and commercial construction; John Curtis has experience and has been successful at delivering a quality product in both. Curtis Commercial has constructed shell and tenant built outs for restaurants, grilles, coffee shops, and other retail and office spaces. John Curtis has built quality custom homes for several years. Curtis Commercial hopes to gain this opportunity to develop this site with attractive and functional building and grounds that will aid in the revitalization of McHenry's downtown and riverfront areas. Please see following sheets for more detail. Thank you for your consideration, John Curtis _ Curtis Commercial 1128 W.Algonquin Rd.,Lake in the Hills,Illinois 60156 Phone: 847-854-8196 Fax: 847-854-0583 �- Email: curtiscommercial@sbcglobal.net rrxLo- �. ha.71M��« 'Ill J''7J�ll)Lrl�► ♦�1ti Y �y4",tl,{ry,�' afji�'�'tj7�7r�,i•r.,yi''r�r-tip 511r'•t a�t:� la.Yj;'rlir ��'�4�r-�i:k� .i (I 1r��� if�I/ ♦ �� 7.11 1.y�'•/ NZ (�� It-yxry"� • �y_�u�lll/:^-`1 '.1'�:�/:jliln_ fit/n:�■ .r.rr '�/,� l`�I�w' t, —mw N'.• "'TT„T.��. �� � Mrs r,..�+rK.,rrrny�lr Mw4'�.��� Fi rr,111yw1! �+�7.tl4tifp�r , gin too t r �t2 Level Parking Garage ■,1 d fAW v�rw� 7117-rf � �� Ccrrrimc f— ruI r Floorplan for Floor 2.4 I - _, core - I w Floors 2-4 20 residential rental units - - - - - - RIVERWALKPLACE 12/4/2008 1 of 2 1110 North Green Street Mc Henry,Illinois ESTIMATED PROJECT COSTS DEVELOPMENT ASSUMPTIONS Development Period 24 months `r Total New Condo Units 24 Total New Square Feet Retail 17,000 TOTAL +�- REVENUE Condominiums(24 Units) $ 6,976,000 �.,.. Commercial(17,000 sq ft) $ 3,777,778 Boat Slip Revenue(8 Slips-McHenry) $ 240,000 TOTAL REVENUE $ 10,993 778 PROJECT COSTS TIF Supportable By L TOTAL Extraordina Eli ible Munlrinality LAND Land Acquisition $ 1,348,972 $ 1,348,972 Closing Costs $ 10,000 SUBTOTAL LAND $ 1,358,972 SITE IMPROVEMENTS-SEE SCHEDULE BI-LEVEL PARKING GARAGE $ 619,550 $ 424,028 BUILDING-SITE $ 81,000 $ _ CAISONS $ OTHER $ 382,430 $ SUBTOTAL SITE IMPROVEMENTS E 1,082,980 NEW CONSTRUCTION COSTS Shell $ 3,744,000 Condo $ 1,800,000 Retail $ 720,000 Contingency $ 360,000 CM&Supervision $ 576,000 SUBTOTAL NEW CONSTRUCTION $ 7,200,000 SOFT COSTS Real Estate Taxes $ 48,000 $ 48,000 Permits/Impact Fees $ 287,000 $ 227,000 �- Survey and Engineering $ 25,000 Architect $ 125,000 Legal $ 10,000 Legal-Lease $ 20,000 TI Allowance $ 170,000 Rent Abatement $ 85,000 Professional Fees(Consultants) $ 50,000 Sales&Marketing $ 25,000 Broker Fees $ 477,000 Closing Costs $ 95,400 General Conditions $ 250,000 �.., Project G&A $ 400,000 Interest $ 700,000 Loan Costs $ 45,000 SUBTOTAL SOFT COSTS $ 2,812,400 TOTAL DEVELOPMENT COST $ 12,454,352 $ 2,048,000 PRETAX PROFIT LOSS $ (1,460,574 -13.3% UMMARY _. TOTAL REVENUE $ 10,993,778 TOTAL DEVELOPMENT COST $ (12,454,352) REIMURSEMENT FROM MUNICIPALITY TIF-Land Write Down $ 1,348,972 TIF-Permit Write Down $ 227,000 TIF-RE TAX Relief $ 48,000 -- TIF-Parking Structure $ 424,028 TIF-Other Infrastructure Costs $ PRE TAX PROFIT $ 587,426 5.3% --� -� -� .--. ,._, -�, .-. --•. .... •-� ---• ---. ---,. ,r. --•. RIVERWALKPLACE 12/4/2006 2 of 2 1110 North Green Street .� Mc Henry,Illinois SITE IMPROVEMENTS-DETAIL BI-LEVEL PARKING GARAGE COST TIF Concrete Floor $ 62,900 $ 2nd Floor Wall $ 18,150 $ _ 2nd Floor&Pillars $ 425,000 $ 424,028 ..� Fencing&Cabling $ 35,000 $ _ Garage Door/Gate System $ 20,000 $ Excavation $ 58,500 $ TOTAL $ 619,550 $ 424,028 BUILDING-SITE 12"of Grade 9 $ 9,000 Stone $ 52,000 Machine to Compact Stone $ 20,000 TOTAL $ 81,000 $ CAISONS $ $ OTHER SITE IMPROVEMENTS Exterior Concrete Flat Work $ 50,000 Sewer/Water Connection $ 20,000 Storm Sewer $ 40,000 Parking Lot Electric $ 10,000 $ Electric Hook Up $ 2,500 $ Landscaping $ 50,000 $ Fountains/Benches $ 100,000 $ Light Fixtures $ 25,000 $ Contingency $ 84,930 $ ' OTHER $ 382,430 $ TOTAL SITE IMPROVEMENTS $ 1,082,980 $ 424,028 i ) ) ) ) ) ) ) ) ) ) ) J ) ) ) .) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) I k - I � , - _�..�.=mom»' �.,+., C_>:�. .,� r ' .� .� �. -�..•a all U OW =1--J it i s Cc�rr� rz c r-c i Q I INW ,r . A--1 Northwest Professional Center, L.L.0 •— Winding Creek Center, L.L.C. New Paradigm Custom Homes, Inc June 2, 2006 Joseph P. Napolitano Community Development Director City of McHenry 333 South Green Street McHenry, IL 60050 RE: Request for Qualifications, Medical Arts Building, 1110 N. Green Street, McHenry, IL Joseph P. Napolitano: John Curtis has been in the real estate industry for 29 years and has been a General Contractor/Developer in McHenry County for more than 12 years. Curtis Commercial received the Village of Algonquin Business Award in February 2006, in Recognition of its Exemplary Architecture on the Winding Creek project. Development Team Identification/Key Project Participants • Curtis Commercial will be leading the development team and will be the general contractor on the project. • ALA Associates in Crystal Lake will be complete the architecture and design aspects. • Legal counsel will be Josh Barney of Barrington. • Engineering Consultants will be Haeger Engineering of Schaumburg. • Site supervision and project coordination including bidding, estimating, acquiring permits, purchase order tracking, scheduling, and warranties are all accomplished by in house personnel. Financial Capability John Curtis and Curtis Commercial have been extended credit at: • Lake In The Hills Bank for $4,000,000 • Great Bank for $5,875,000 1128 W.Algonquin Rd.,Lake in the Hills,Illinois 60156 Phone: 847-854-8196 Fax: 847-854-0583 Email: curtiscommercial@sbcglobal.net -. • Harris Bank for $2,500,000 Curtis has always paid down its lines of credit and paid off loans and continues to have excellent credit at all financial institutions it does business with. Development Experience/Project Financing/Management Experience Curtis Commercial has managed the construction of recent projects that include • Mitchell Aircraft in Cary • Winding Creek Retail Center in Algonquin • Foundations Montessori School in Algonquin • MedCom Professional Center in Crystal Lake • Kuhlman Medical in Crystal Lake • Northwest Professional Center in Crystal Lake All projects have been financed by Curtis Commercial through its lending institutions, with the exception of Mitchell Aircraft and Kuhlman Medical. Organization/Management Ap roach • Curtis Commercial's main CPA is the full service accounting firm of Jeffrey W. Krol & Associates in Chicago, who provides Quarterly and Annual Reviews. • Financing details, draw requests, and accounting/bookkeeping are all done in house. Curtis Commercial currently obtains financing through Lake In The Hills Bank, Great Bank, and Harris Bank. `- • Curtis Commercial will use Jack Minero at Prudential First Realty and/or Joe Billitteri at Premier Commercial Realty as brokers for the commercial and residential marketing of the product on the proposed site. • In house marketing consists of newspaper ads, brochure placement and mailers, and word-of-mouth recommendations. • Curtis Commercial, ALA, and Haeger Engineering will work together on forming a design for the building and the land. Curtis Commercial prides itself on delivering a high quality product in conjunction with providing very expedient architectural/civil development and construction that is efficient and timely. Curtis Commercial always maintains an extremely neat and clean job site. Curtis Commercial will be developing the entire site. This unique project will combine residential and commercial construction; John Curtis has experience and has been successful at delivering a quality product in both. Curtis Commercial has constructed shell and tenant built outs for restaurants, grilles, coffee shops, and other retail and office spaces. John Curtis has built quality custom homes for several 1128 W.Algonquin Rd.,Lake in the Hills,Illinois 60156 Phone: 847-854-8196 Fax: 847-854-0583 Email: curtiscommercial@sbcglobal.net - years. Curtis Commercial hopes to gain this opportunity to develop this site with attractive and functional building and grounds that will aid in the revitalization of McHenry's downtown and riverfront areas. Please see following sheets for more detail. Thank you for you consideration, John Curtis Curtis Commercial 1128 W.Algonquin Rd.,Lake in the Hills,Illinois 60156 Phone: 847-854-8196 Fax: 847-854-0583 Email: curtiscommercial@sbcglobal.net Northwest Professional Center, L.L.0 Winding Creek Center, L.L.C. New Paradigm Custom Homes, Inc Background Information on Members of the Development Team Josh Barney—Legal Counsel Originally a California real estate attorney, Josh Barney graduated from University of California and Columbia University law school. Barney came to Illinois in 1991 and joined Arnstein & Lehr where he practiced in the Hoffinan Estates office with Bill Braithwaite. Bill incorporated South Barrington and several other communities in the Northwest Suburbs. Barney incorporated Volo with him in the early 1990s. Barney represented several villages during his practice at Arnstein including Algonquin, Barrington, �. North Barrington and Cary. Barney opened his own firm in 1993 and has practiced commercial real estate law in Barrington and Algonquin since that time. He is an author of the Illinois Continuing Legal Education series on Illinois Land Use Law. Barney currently represents a variety of real estate developers and land owners. In Crystal Lake, you can give Perry Callas, attorney, as a reference. The services Barney provides �-- include zoning and land use changes, subdivision, sale and acquisitions, condemnation, condominium, general litigation, investment, title and trust work. Haeger Engineering—Civil Engineers Haeger Engineering LLC was founded in 1969 as Haeger-Kraemer and Associates, Inc., the current name being adopted in January 2002. At the present time our staff consists of 40 engineers, technicians, survey _ personnel and administrative staff. Haeger provides a broad range of civil engineering consulting services, including the design of subdivisions, municipal improvements, shopping centers, and commercial, industrial, and institutional building sites. With the passage of time, the firm has been increasingly involved in single family/multi-family planned unit development projects. At the present time they are actively involved in the development of approximately 2000 acres of residential property. Their services include preliminary land plans, feasibility studies,preliminary cost estimates, as well as final construction plans and construction related services. Engineering and construction surveys, and land surveys also form a substantial part of the services they offer. Because of our land surveying capability, Haeger is able to provide Engineering-Surveying services under one roof, thus eliminating costly and time consuming coordination with an outside surveyor. In addition to the areas of specialty discussed above, senior members of the firm have had extensive experience in heavy construction, irrigation projects, cost benefit analyses, transportation projects, route surveys, and photogrammetric control surveys. Curtis Commercial primarily works with Michael Anderson(Vice-President) and Jeff Ocock(Project Engineer). Michael Anderson is experienced in the design and construction of civil engineering projects, including residential ._., and commercial site development, roadway construction and improvements and municipal engineering improvements. Jeff Ocock is experienced in the design and construction of municipal engineering projects, including residential, commercial and industrial site development. Design work included earthwork, grading, paving, sanitary sewers, water mains and stormwater management. ALA-Architect ALA Associates has completed thousands of accurate construction documents while providing the most innovative and creative designs. The roots of American Landmark Architectural Associates, Inc. date back _ to 1991. Partners David M. Dolby and J. Scott MacKay merged their backgrounds and experience to form a balanced, stable foundation while creating a well-rounded, client-oriented architectural practice. ALA Associates, Inc. is an Illinois licensed architectural firm with architects licensed in Illinois, Wisconsin, �. Indiana and Arizona. J. Scott MacKay is Curtis Commercial's main partner at ALA. Scott, owner/architect at ALA has being doing Residential and Commercial projects for John Curtis since 1995. 1128 W.Algonquin Rd.,Lake in the Hills,Illinois 60156 Phone: 847-854-8196 Fax: 847-854-0583 Email: curtiscommercial@sbcglobal.net Northwest Professional Center,L.L.0 — Winding Creek Center, L.L.C. New Paradigm Custom Homes, Inc References Bank References: - Lake In The Hills Bank West Great Bank Joe Demay, President Mike Carlson 847-515-8100 847-854-3600 4520 W. Algonquin Rd 234 S. Randall Road Lake In The Hills, IL 60156 Algonquin, IL 60102 Highest borrowed: $4,000,000 Highest borrowed: $5,875,000 Lending Limit: $5,000,000 Lending Limit: $12,000,000 Harris Bank Robert Tarnowski,Vice President, Business Banking 847-829-1918 122 West Main Street Cary, IL 60013 Highest borrowed: $2,500,000 Lending Limit: $35,000,000 Other References: Marck Alberts Jeff Krol Financial partner on past projects CPA 630-513-6720 773-399-1390 7NO55 Bristol Ct. 8700 Brynmawr Suite 810 St. Charles, IL 60175 Chicago, IL 60631 Josh Barney Jeff Mihelich,Assistant Villa edger Attorney Katie Thorton, Planner 847-382-2221 Village of Algonquin 323 West Main Street 847-658-4184 Barrington, IL 60010 2200 Harnish Dr Algonquin, IL 60102 James Richter II Senior Planner City of Crystal Lake 815-459-2020 100 West Municipal Complex -- Crystal Lake, IL 60039 1128 W.Algonquin Rd.,Lake in the Hills,Illinois 60156 Phone: 847-854-8196 Fax: 847-854-0583 Email: curtiscommercial@sbcglobal.net -� --. -� -� -.-. -� --. --� --� --. .--. --• --� -� --• -1 .--. --. -� --• --• .--. --• --• ,--. --, --, --• --• --^ --� --• --� --� --� 11111 ( I ( ff ( I ( ( ( ( f ( ( 1 ( f ( I ( ( ( ( ( ( ( ( fl ( ( ( ( ( ( ( ( ( ( From Concept. . . PE . . . To Completion Recent Project Overview Construction Costs Project Dates Location Development Concepts Land Uses Sizes through end of project Roles of Dev Entities Market Acceptance MedCom Professional 9/04- 280,282,284 Memorial Ct, Curtis-General;Haeger- Center 9/05 Crystal Lake,IL 60014 built and sold medical offices 21,500 sf $4,578,000.00 Civil;ALA-Architectural 100%sold in 1 year Winding Creek Retail 10/04- 2797 W.Algonquin Rd, Curtis-General;Haeger- Center 6/05 Algonquin,IL 60106 built and sold retail strip center 30,000 sf Foundations $4,015,000.00 Civil;ALA-Architectural 22,000 sf leased in 1 year Montessori 10/04- 2651 W.Algonquin Rd, built,leased to school, Curtis-General;Haeger- School 2/05 Algonquin,IL 60106 sold to school 12,000 sf $1,919,000.0 Civil;ALA-Architectural resold Kuhlman 4/05- 1 S.Virginia St,Crystal Lake, Curtis-General;Haeger- Medical 12/05 IL 60014 built to suit chiro ractor's office 3400 sf $750,000.0 Civil;ALA-Architectural presold Mitchell 7/05- 1160 Alexander Ct,Cary, IL addition to existing Curtis-General;Haeger- Aircraft 11/05 60013 buildin warehousin 6000 sf $440,000.0 Civil;ALA-Architectural resold Northwest Professional 6/05- 401-415 Congress Parkway, mised use(doctor, Curtis-General;Haeger- Currently 27,000 sf built of Center 12/05 lCrystal Lake,IL 60014 built and sold office,etc) 45,200 sf $7,500,000.00 Civil;ALA-Architectural lwhich 12,000 sf is sold Curtis ro essiona u i i n r, L- - Corporate Headquarters for Curtis Commercial . This 17,000 square foot, 2-story, First Class Professional Building will be completed in late Fall 2006 and located near the intersection of Randall Rd and Algonquin Rd in Lake In The Hills. -MIN .M-. .-ml% .--k •--A .--. A--. A--• 1011, A..% .--. Allmk ..-k ..-. rrrcrrrrrrr � c < < rt < < r � r � � rr � r � < < < < � � cr < < r � r � � Med This three building complex is located at Memorial Court in Crystal Lake. This complex houses primarily medical professionals. The project began in Fall 2004 and was completed in Fall 2005. All tenant buildouts were done by Curtis Commercial. A--r .-.k A--. WindingLocated at 2797 W. Algonquin Rd in Algonquin. This retail strip center has tenants such as restaurants, clothing stores, flooring stores, salons, and other professional _ p services. The project was started in October 2004 and the first occupancies were in June 2005. All tenant buildouts were done b fi Y Curtis Commercial. 4-, ^-. --w� ---. -.-. ---. ---. ---k A-. AIM. .---k A--. Foundations Montessori h Sc I 00 1 i• Located on Algonquin Rd in Algonquin , this school building houses a Montessori School . The project began construction in October 2004, was leased and occupied by Foundations in February 2005, and purchased by Foundations in April 2006. -IN �� .��li:... :I wry. '�: f�`a '� •_ , S' L2 Kuhlman Medical s _ Located I • I St in Crystal Lake, building houses chiropractor I • physical therapist. project began in late A-N --% A-% A--. A--. -Ilk --k A--\ .--, Amwk ^--N AMIN ( III ( ( I ! I ( ( ( ( ( ( ( ( C ( ( ( ( ( ( ( ( ( ( ( ( C ( ( ( ( ( ( ( ( ( ( ( ( ( Mitchell Located at 1160 Alexander Ct in Cary, this project was the addition to the back of an existing manufacturing/warehousing facility. The project started in the summer of 2005 and was completed in late Fall 2005. • a - --N ^-wA A--Mk A--. l--k •-lk < < � rrrrr � rrtr � � � rr < < r � rfrrt � rr < < < r < < r � rrrrrr Northwest 1 t ui. Located at 401 -415 Congress Parkway in Crystal Lake. This five building development is built to house medical professionals, retail, and other professional services. The project began in June 2005 and the first occupancies were in December 2005. All tenant buildouts were done by Curtis Commercial. ---IN, Residential Here are samples of residential projects completed within the past few years. I 7 t. r AolmN ---mN A--. .--k r. I ! r U ;r t .' � va Off, ON, E ' ' ownIo "Fe a c,a • 41, 71 k ti j r t � WOff / I , . k rt x If if uOff *IA � l t lI �f + WOR / ~ WIF .^. ✓ /(r �. 14, � _ � 7 «M&A C � .�] y ' F h 1 ^� jL '� A { r . •+s .1..._... pIf ( j � ...;� sr "" r>; ! .^�. .� ff, E1}p-? k aC1 l,•i�� 'sr4 f ' -. ^, / "` u �� l v x a Cn 7f 7 i »» } ur3 r � w C .1 / t4 bra psiY1 : � � •`�- }� - ` x If If J ,f 5 Guth $ � L� a � 4 a IN A, AFFIR' " Ci 41 If If IN IF k If life r �r � t /� g3 l €` b r" ra J LsJ ti� 1y If f . z r 1 .'+� rt1 iS it t r3 I OfF it .Fk �,C: ' .� : y ` � � G � x � � :1 � Grx Ff �Y / / f � ff wi I ` i ` .•..� VIL _ -1=:� - :�* '.`— �'f~ a � � u It < x � 5 � » 'd � c � 5 � 5 �, ti Q, S Y p y If t xap d .� L'lt 5fx 'f ycC ♦ �` . 4 '} [ d � ! ':3s a ,T e �y _ .�. 'tg4' e '` SQLt � i � t ) a 5 Ifpti ' ti�1jil t4 1 t:,, L; r Mob; �G� J � ' ` Ifq�^ �_ rh� lttitlyJ . ._- __ _ __._.. _ . . __ . ,_�. __1 �� ta u :11 I! r 1 l/ $1 I ri If WOF Am I 41 r%A it U G. c fIf ; ( � 1, ` � '• a i . •j.. m r ' ` I !_ . t;l _ ,L ' :a: N/,.i r1 @ ,ll y�, Off IF w akf 1 • ' �: i Of is wa t' WON r y u �'1 r � a z ,. > . . If 1 rA If Fle R `i �- .zr s. '»-'• is T d It P, ZI,g "OF OFF L; FOP mo IF If OFF frf W G IIf f 44, r c u tj r O g aIf z in 4u m � i IF IF f ' +IF I "I. S '` IF IF `=lhA 04 , IF FFW IF IF - + _ - _ r• �I �i' 10 i- II1f - • ���I i 4 ; r �` 1 t� . II ! J _ , 1 ■ IF - - - - - / - IF I - IFIFIFIFF, - - IF - _ - - - - - - - �rup y IF Fir IF mm IF � r fI F, FFF -maim - -- - - � wr T[�T�-- -- - ---- - -- _- -- - - - - - - - -- - - - - -- IF Front Elevation i 4' y ` I AO 40 Nei Pit too � t ' �ti �■ ■ R � + dk lot ■ r - t, a IG � n r 11 � i ii u ; _ Ira M +r� rl ! rr L ' t— li � _� fit tt ffln7 - >•� Nona 101111 LxiI { SIIIr£1114+; I"s :Cii � pGY% IIICC + AN l�O.sS ��iz5�t► t1 ���r-�" _ . Rear Eleva _io