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HomeMy WebLinkAboutPacket - 08/15/2011 - City Council City of McHenry 333 South Green Street �_.i www.ci.mchenry.il.us McHenry,Illinois 60050-5495 -` Mayor's Office (815) 363-2108 Fax (815) 363-2119 AVJq Administration REGULAR CITY COUNCIL MEETING (815) 363-2100 Monday, August 15, 2011, 7:30 PM Fax (815) 363-2119 Construction and Neighborhood Services 1. Call to Order (815) 363-2170 Fax (815) 363-2173 2• Roll Call Finance Department 3. Pledge of Allegiance led by McHenry Boy Scout Troop 131 (815) 363-2100 Fax (815) 363-2119 4. Public Input Session: 10 Minute Limitation Parks and Recreation 5. Consent Agenda: (815) 363-2160 A. Ordinance granting six-month extension of existing conditional use permit for Fax (815) 363-3186 2210 West Elm Street; B. Ordinance authorizing sale of surplus property by auction; Police Non-Emergency C. Special Use/Picnic Permits; (815) 363-2200 D. August 8, 2011 City Council meeting minutes; and Fax (815) 363-2149 E. List of Bills. Public Works 6. Amendment to Ordinance 0-87-424, zoning map amendment, and variance for MTFPD (815) 363-2186 Fax (815) 363-2214 property located at 3610 West Elm Street 7. Request from MTFPD for sign variances at 3610 West Elm Street Mayor 8. Ordinance authorizing an amendment to the Economic Incentive Agreement with McHenry Susan E. Low Commons Shopping Center City Clerk g. Ordinance establishing Mutual Aid Agreement between the City of McHenry and Village of Janice C. Jones Johnsburg Police Departments Treasurer 10. Mayor Statement and Reports Steven C. Murgatroyd Aldermen 11. Committee Reports WARD 1 12. Staff Reports Victor A. Sand 13. Future Agenda Items WARD 2 Andrew A. Glab 14. Executive Session: Property Acquisition Potential Litigation WARD 3 Jeffrey A. Schaefer 15, Adjournment WARD 4 Posted: August 10, 2011 Geoffrey T. Blake WARD 5 Richard W. Wimmer WARD 6 Robert J. Peterson WARD 7 Geri A. Condon CONSENT AGENDA The Consent Agenda for the August 15, 2011 City Council meeting consists of the following items: A. Ordinance granting six-month extension of existing conditional use permit for 2210 West Elm Street; B. Ordinance authorizing sale of surplus property by auction; C. Special Use/Picnic Permits; D. August 8, 2011 City Council meeting minutes; and E. List of Bills. CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: August 15, 2011 Regular City Council Meeting RE: Extension of Conditional Use Permit for a Drive-thru and Outdoor Seating at 2210 W Elm Street ATT: Ordinance ORD-09-1482 Background. In September 2009 the attached ordinance granting a conditional use permit was approved by the City Council for the property on West Route 120 containing Cardinal Fitness, a tanning salon and liquor store. The intention of the ordinance was to allow a small coffee shop or similar business to locate at the west end of the strip building with an adjacent drive-thru facility. Analysis. The city's zoning ordinance contains a provision automatically revoking a conditional use permit if such permit is not established or a building permit is not obtained within one year from the date of ordinance approval. The city's ordinance also requires any expansion, enlargement, or structural alteration to be presented to the City Council which may grant approval or require the applicant to present the case to the Planning and Zoning Commission at a public hearing. Staff has been approached by an entrepreneur who would like to open a coffee shop at this location with the ability to have a drive-thru facility. Although the attached ordinance is over a year old there have been no substantive changes at this location warranting further review and the applicant has agreed to comply with all the conditions in the attached ordinance. Staff is requesting the ability to allow the applicant to move forward under the existing conditional use permit pending building permit submittal to the city within six months. Recommendation: To approve an extension of the attached conditional use permit for a period of six months or February 15, 2012, pending the submittal of a building permit application within that time frame. ORDINANCE NO. ORD-09-1482 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A DRIVE-THRU AND OUTSIDE SEATING FOR THE PROPERTY LOCATED AT 2210 W ELM STREET IN THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS WHEREAS,a petition has been filed with the City by Gene Potempa requesting a conditional use permit for a drive-thru and outside seating,for the property located at 2210 W Elm Street and legally described on Exhibit"A"attached hereto and incorporated herein,the"SUBJECT PROPERTY';and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on September 3, 209,in the manner prescribed by ordinance and statute,and as a result of said hearing,the Planning and Zoning Commission did recommend to the City Council the granting of the requested conditional use permit;and WHEREAS, the City Council has considered the evidence and recommendation 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 aid general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS,AS FOLLOWS: SECTION 1:That the SUBJECT PROEPRTY, in accordance with the"Site Plan" incorporated herein and attached hereto as Exhibit`B",is hereby granted a conditional use permit for a drive-thru and outside seating subject to the following conditions: 1. "One Way"and"Do Not Enter"signs shall be posted in the locations depicted on the site plan; 2. Additional"Drive-thru Entrance signs shall be posted at the east end of the site to direct drive-thru users; 3. Lane Markings shall be placed on the east side of the building and the north side of the building to direct vehicles around the site; 4. The applicant shall work with Cardinal Fitness in having their employees and patrons utilize the parking to the north of the building; 5. Drive-thru hours shall be restricted to 10:00 p.m. on any given day; 6. There shall be only be one(I)drive-thru window on-site located on the north or west side of the building and directed in a northwesterly manner; 7. Sound from any speaker associated with the drive-thru shall be muffled and directed away from residents adjacent to the north of the building; 8. Bollards shall be placed along the north side of the building to create a physical separation between the rear building entry doors and the drive-thru traffic; 9. Outside seating shall be limited to two(2)removable tables(each with a maximum seating capacity of four(4)persons)on the sidewalk area directly in front of the unit; 10. There shall be no outside seating located within the landscape island. SECTION 2: In granting said conditional use permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: I. 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. 'Me proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with ]permitted uses in the district. 4. The proposed use will not require existing community Facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area; 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. 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 14TH DAY OF SEPTEMBER 12009 AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON NAYS: NONE NONE ABSTAINED: ABSENT: NONE NOT VOTING: NONE 99'Sl'14' E B.DY "ONE WAY' SIGN ON MELDING AND ON POW � I PROPOSED RETAIL BUILDING Iir DRIVE THRU LANE 13.490 SQ. FT. F/F-104.00 `° °O N c� 7 i O O TT7 ufl fD S r'I C , w 'DO NOT EH70" SKN CH MALDIM AND ON POSE (D H N � O V fD 14 • n ] T a g« Q n H eV46'57' E 257.94' BENCHMARK TOP Cr IRON ROD Fp M AT THE SOUDMM MOM OF THIS PROPERTY ASSUMED ELEVATION-10= ROUTE 120 CONSENT AGENDA To: Mayor and City Council From: Bill Hobson, Assistant City Administrator For: August 15, 2011 - City Council Meeting Re: Beer/Wine Permit Requests & Special Use Permits COUNCIL RECOMMENDATION To approve the attached Beer/Wine Permits & Special Use Permit requests. BACKGROUND The attached list of permit applications have been received in our office with all fees and documentation properly submitted. TConaway/pic perm CA for.doc FOR COUNCIL MEETING OF August 15, 2011: Beer/Wine Permit Requests These are beer and wine permit requests associated with picnic permits. Date of Picnic Applicant Address 08/20/11 Aurora Garcia Bday 808 N Southgate St, Apt 4, McH Special Use Application Requests There are special use application requests associated with picnic permits. Date of Picnic Applicant Address Special Use 08/20/11 Aurora Garcia Bday 808 N Southgate St, Apt 4, McH inflatable jumpy, music Xonaway\pic perm list.doc X PARK FACILITIES SPECIAL USE AND/OR BEEWWINE APPLICATION Person:�� G� C.� Date of Picnic:_ 8���/ o i/ any/Organization: p$ N Address: /State/Zip:_ pp�� Home Phone: Work/Cell Phone: ,ark: El-Knox Park ❑ Petersen Park ❑ Veteran's Memorial Park 1rea: ❑ Shelter A 0 Shelter B ❑ Shelter C 0 Other: lrrival Time:__ Departure Time:__ Total Number Attending Falsifying attendance numbers will result in loss of deposit. Water, electricity and restrooms are available at all sites. ?lease explain additional needs from the Parks Dept.: soups of 500 or more must obtain additional: ❑ dumpsters 0 portable toilets 3rief description of program (i.e. co picnic, car show,craft show, wedding,etc.): -ist all activities that will be held: tems being brought into park site: ❑ tent lI tables ❑ chairs ❑ benches ❑ carnival rides 4 music ❑ animals 0 model planes ❑ other ❑ other Will beer/wine be present: RrYes ❑ No IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS "Indicate the number of beer/wine permits issued to the undersigned this calendar yearQ. Indicate the number of beer/wine permits denied . Indicate Indicate amount of beer/wine to be brought into the City Park under this permit on such date(number of wine bottles, beer cases, beer kegs,etc.) / (?,g4 q I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the special use and/or beer/wine application(s)and will assume responsibility for any loss, damage or liability arising from the use of the park property. I also understand that not complying with the Park Permit rules will result in loss of deposit. Signature: & /a a // Date: Health permits are required by law for concessions and catering. Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions: ************* ** **** ************+►*FOR OFFICE USE ONLY*,tt***rr*rr ►**,trr**r **,►►r***rr,t****►►,tr+,t v rt***,►**r Reservation Fee: $ 's= Date Paid: ����( _ Initials: Deposit Fee: $ , Payment: II - ash ❑ Check ❑ Charge Total Fee: $ Qp( Submitted to City Council: Ala Confirmation Sent: Initials: City Council Approval: Forms\picnic forrms\special use and beer and/or wine application REGULAR MEETING AUGUST 8, 2011 Mayor Low called the regularly scheduled August 8, 2011 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, and Condon. Absent: Peterson. Also in attendance were City Administrator Black, Deputy City Administrator Martin, Assistant City Administrator Hobson, Deputy City Clerk Kunzer, City Attorney McArdle, Construction and Neighborhood Services Superintendent Regner, Public Works Director Schmitt, Chief of Police Jones. PRESENTATIONS: CHARACTER COUNTS! RECOGNITION AWARDS Mayor Low announced the CHARACTER COUNTS! Coalition has requested an opportunity to present three CHARACTER COUNTS! Recognition awards at this evening's Council meeting. She invited CHARACTER COUNTS! Coalition Chairman Alderman Condon to come forward to present the awards. Alderman Condon presented a recognition award to Scott Rowe, Assistant Principal at Parkland School. She noted Mr. Rowe has exhibited his passion as an educator and fostered the development of leadership in the community. He will be leaving the McHenry school system for a new position in Huntley and the Coalition wished to recognize his invaluable leadership and mentoring qualities as he moves on in his career. Chief of Police Jones presented recognition awards to William Kirkegaard and Douglas Lawson who fearlessly assisted McHenry Police Officer Michael Spohn during a retail theft confrontation in front of Kohl's Department Store on April 26, 2011. He noted the two gentlemen, without thought to possible personal injury, stepped in to assist the officer and he wished to commend them for their bravery. Mayor Low and the McHenry City Council applauded all three gentlemen for their outstanding CHARACTER COUNTS! attributes. PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minutes of Public Input. CONSENT AGENDA Alderman Condon noted a typographical error on page one of the Council minutes of July 25, 2011. She requested "Mr. Rotunno" be changed to "Ms. Rotunno". Motion by Wimmer, seconded by Blake, to approve the Consent Agenda as amended: A. Temporary Use Permit to allow burning of structure located at 3908 Mercy Drive; B. City Council Minutes: July 25,2011 regularly scheduled meeting; C. List of As-Needed Checks: Regular Meeting Page 2 August 8,2011 AMERICA'S ACTION TERRITO 405.00 APWA 60.00 BLUE CROSS BLUE SHIELD 0 235,342.23 BUCKY'S MOBIL 1,024.38 CAREY ELECTRIC 1,835.00 FOP UNITS I/II 2,021.00 HOME DEPOT CREDIT SERVIC 226.68 IUOE, LOCAL 150 2,320.82 LANDMARK FORD 91,444.00 MCGUIRE AQUATICS 580.00 MORTELL, MEGAN 200.00 NALLEY, RACHAEL 100.00 NCPERS GROUP LIFE INS. 256.00 POSTMASTER MCHENRY IL 600.16 PRE-PAID LEGAL SERVICES 142.45 RESERVE ACCOUNT 1,627.10 RIVER ROAD SHELL 1,360.98 STAPLES CREDIT PLAN 134.44 SUPERVALU 107.04 TIMBER RIDGE LODGE & WAT 610.50 UNITED PARCEL SERVICE 128.94 UNUM 1,650.15 WALMART COMMUNITY 511.37 GRAND TOTALS 342,688.24 FUND TOTALS GENERAL FUND 106,658.86 PAGEANT FUND 318.56 WATER/SEWER FUND 368.59 EMPLOYEE INSURANCE FUND 235,342.23 TOTALS 342,688.24 D. List of Bills: ACE TOWING & RECOVERY 125.00 ADAMS ENTERPRISES INC, R 64.00 ADAMS STEEL SERVICE INC 40.00 AMELIO, ROBERT 587.50 ANCHOR INDUSTRIES INC 304.88 ASSISI ANIMAL FOUNDATION 45.00 AT&T 3,182.80 AUTO TECH CENTERS INC 354.20 B&W CONTROL SYSTEMS INTE 10.20 BAXTER & WOODMAN 126.11 BLACKSTONE LANDSCAPE INC 4,224.50 BOONE CREEK GOLF ACADEMY 1,340.00 BOTTS WELDING & TRUCK SE 32.00 BOXX THIS INC 120.56 BREMER, CURTIS H 260.00 BRENNAN, DAN 1,295.00 BROWN, PAUL 230.00 BUSS FORD SALES 752.45 CAREY ELECTRIC 1,177.00 CDW GOVERNMENT INC 560.42 CENTEGRA OCCUPATIONAL HE 101.92 CHAPEL HILL FLORIST INC 76.00 CHICAGO COMMUNICATIONS L 5,855.68 CHICAGO INTERNATIONAL TR 209.81 COCO KEY WATER RESORT 286.20 COMCAST CABLE 72.40 COMED 26,532.39 COMMUNICATIONS REVOLVING 10.00 COUNTY CLERKS OFFICE 10.00 CRESCENT ELECTRIC SUPPLY 77.65 CURRAN CONTRACTING COMPA 11,234.35 DELISI, PHIL 250.00 DITCH WITCH MIDWEST 85.16 DOCUMENT IMAGING DIMENSI 2,786.42 ED'S AUTOMOTIVE/JIM'S MU 103.00 ED'S RENTAL & SALES INC 65.04 EDER CASELLA & CO 20,000.00 Regular Meeting Page 3 August 8,2011 EISERMAN, JERRY 12.53 FIRE WAGON HOLDING LLC 2,708.00 FISCHER BROS FRESH 613.50 FORE GOLF LLC 730.00 FOREMAN & COMPANY, JOSEP 66.00 FOWLER, JEFF R 230.00 FOXCROFT MEADOWS INC 514.60 G & E GREENHOUSES INC 172.00 G IMPRESSIONS INC 108.00 GIGI'S PLAYHOUSE 55.00 GLICK, DEBORAH A 41.98 GOLD MEDAL PRODUCTS 1,553.17 GREAT LAKES FIRE & SAFET 31.10 GREVE, CLINT 60.00 GURU CORP 300.00 HALOGEN SUPPLY COMPANY 1,965.77 HANSEN'S ALIGNMENT, DON 70.00 HARMENING, CHRISTOPHER M 184.00 HAWKINS INC 2,373.30 HRGREEN 5,072.82 HUFFMAN, DAWN 112.85 INDUSTRIAL/ORGANIZATIONA 2,576.28 INTERSTATE BATTERY SYSTE 484.75 J G UNIFORMS INC 308.88 JIMANOS PIZZERIA 24.00 KIMBALL MIDWEST 380.19 LANG PONTIAC-CADILLAC-SU 147.39 LEACH ENTERPRISES INC 68.52 LEE AUTO MCHENRY 219.83 LONESTAR HEATING & AIR C 2,800.00 LUNKENHEIMER, PATTIE 14.50 MAPLE CONSTRUCTION INC 2,500.00 MAXIM CONSTRUCTION CORP 544,036.50 MAZZUCA, JOE 161.00 MCANDREWS PC, THE LAW OF 6,800.00 MCAULIFF & SEMROW PC 937.50 MCCANN INDUSTRIES INC 101.76 MCHENRY ANALYTICAL WATER 120.00 MCHENRY AREA CHAMBER OF 300.00 MCHENRY COMMUNITY HIGH S 1,301.30 MCHENRY COMMUNITY SCHOOL 2,416.70 MCHENRY FIRESTONE 487.87 MCHENRY PUBLIC LIBRARY 663.00 MCHENRY TOWNSHIP FIRE PR 663.00 MEADE ELECTRIC COMPANY I 381.07 MEYER MATERIAL COMPANY 173.84 MID AMERICAN WATER OF WA 2,334.22 MIDCO 2,959.80 MIDWEST HOSE AND FITTING 65.42 MOORE, KEVIN 102.00 NICOLET SCENIC TOURS 4,902.00 NICOR GAS 406.62 NORTHWEST ELECTRICAL SUP 184.14 OWSLEY, MIKE 341.73 PENZE, JACQUELINE S 288.00 PEPSI BEVERAGE COMPANY 1,125.48 PETROLIANCE LLC 13,643.01 PETTIBONE & CO, P F 266.00 PITEL SEPTIC INC 650.00 PRECISION SERVICE & PART 1,367.52 PROSAFETY INC 54.00 QUILL CORPORATION 339.78 RADICOM INC 195.48 RASMUSSEN REBUILDING & M 170.00 REINDERS INC 421.60 RELIABLE SAND & GRAVEL 382.92 ROAD RAGE INC 166.87 ROBERTS, PATRICIA J 544.00 ROC CONSTRUCTION SUPPLY 288.90 RYBA, RON 119.98 Regular Meeting Page 4 August 8,2011 SAFARILAND LLC 201.44 SALTSIDER, JEANETTE 115.00 SHAW SUBURBAN MEDIA 289.20 ST PAULS EPISCOPAL CHURL 270.30 STAPLES ADVANTAGE 227.20 STATE TREASURER IDOT 6,164.04 THELEN MATERIALS LLC 231.46 TONYAN, LUCY 2,507.40 TRAFFIC CONTROL & PROTEC 393.72 TRIKHA, SHEEL K 1,927.80 ULTRA STROBE COMMUNICAIT 2,212.95 UNITED LABORATORIES 288.38 USA BLUEBOOK 71.23 VACULA, JOHN T 2,000.00 VALLEY VIEW ACRES 625.00 VELODYNE VELOCITY DYNAMI 829.18 WASTE MANAGEMENT OF WI P 4,930.35 ZAHN, DAN 600.00 GRAND TOTALS 722,834.26 FUND TOTALS GENERAL FUND 112,126.70 PAGEANT FUND 90.00 AUDIT EXPENSE FUND 20,000.00 DEVELOPER DONATION FUND 5,044.00 CAPITAL IMPROVEMENTS FUND 5,072.82 CAPITAL EQUIPMENT FUND 2,212.95 WATER/SEWER FUND 21,845.00 UTILITY IMPROVEMENTS FUND 544,036.50 RISK MANAGEMENT FUND 5,855.68 INFORMATION TECHNOLOGY FUND 6,424.50 RETAINED PERSONNEL ESCROW 126.11 TOTALS 722,834.26 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. REQUEST FROM R & J 2010 COMPANY D/B/A GILL LIQUOR, 3702 WEST ELM STREET FOR CLASS F1 LIQUOR LICENSE AND ORDINANCE AUTHORIZING THE INCREASE OF CLASS F1 LIQUOR LICENSES FROM FIVE TO SIX City Administrator Black stated a request was submitted by R & J 2010 Company for a Class F1 Liquor License for their business located at 3702 West Elm Street. The applicant has met with Mayor Low, submitted all appropriate paperwork and paid the appropriate fees. It is Staff's recommendation to approve the request as presented. Mayor Low noted the applicant has been BASSET certified and has been fingerprinted. Motion by Schaefer, seconded by Condon, to accept Staff's recommendation to pass an ordinance increasing the number of Class F1 Liquor Licenses from five to six and to approve the liquor license for R & J 2010 Company d/b/a Gill Liquor for the property located at 3702 West Elm Street as presented. Regular Meeting Page 5 August 8,2011 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. REQUEST FOR THE FOLLOWING IN CONJUNCTION WITH "MOVIE IN THE PARK" EVENTS ON FRIDAY EVENINGS FROM SEPTEMBER 9T"TO OCTOBER 14T": 1. USE OF VETERANS MEMORIAL PARK FOR THE EVENT; 2. POST TEMPORARY ADVERTISING SIGNS IN MUNICIPAL RIGHTS-OF-WAY: 3. WAIVER OF ALL ASSOCIATED FEES In attendance was Mr. Paul Letizia, applicant for the Movie in the Park event. Assistant Administrator Hobson stated a request was submitted by Mr. Paul Letizia to host Friday evening "Movie in the Park" events from September 9, 2011 through October 14, 2011. The event was held last year for the first time and was extremely popular with the community. The event would be held at Veterans Memorial Park. The applicant is also requesting permission to post temporary advertising signs in the municipal rights-of-way and a waiver of all associated fees. Staff believes this is an excellent event and supports the request as presented. Alderman Schaefer stated this was a great event last year and was well-received in the community. He stated he was happy to see the proposed concessions were from McHenry. Alderman Blake acknowledged this was a fantastic event last year and noted it is good for families and provides a good transition for students as they go back to school. Alderman Condon stated this event exhibits why Mr. Letizia was the recipient of a previous CHARACTER COUNTS! recognition award. She expressed her gratitude to Mr. Letizia for hosting the event. Aldermen Santi and Glab concurred with previous statements regarding the event. Motion by Schaefer, seconded by Condon, to accept Staffs recommendation to approve the request submitted by Mr. Paul Letizia for the Movie in the Park Events to be held on Friday evenings from September 9, 2011 through October 14, 2011 as follows: 1. Use of Veterans memorial Park for the event; 2. Post temporary advertising signs in municipal rights-of-way; 3. Waiver of all associated fees. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Regular Meeting Page 6 August 8,2011 ORDINANCE TO AMEND MUNICIPAL CODE CHAPTER 1 SECTION 1-8(8) RELATING TO COLLECTION COSTS Deputy Administrator Martin stated as Council will recall the City implemented a revised Administrative Adjudication Ordinance last year and the entire adjudication process was formalized and has been functioning well. Occasionally, Staff has proceeded to take property maintenance cases to McHenry County Circuit Court following continued non-compliance at the conclusion of the administrative adjudication process. In such instances, Staff requires the services of its municipal attorney and to date the expenses incurred by such services have not been remunerated as there is not a provision in the Municipal Code providing for the reimbursement of those expenses. Staff has prepared an ordinance addressing the shortcomings in the collection cost provision of Chapter 1 of the Municipal Code and presents the ordinance for Council consideration this evening. Alderman Glab opined the amendment to the Municipal Code is needed to tighten the provisions of the code for technical reasons. Alderman Condon noted Council was aware when the administrative adjudication process was implemented there would be amendments to it from time to time. Alderman Santi concurred. Motion by Glab, seconded by Condon, to accept Staffs recommendation to approve an ordinance amending Municipal Code Chapter 1 Section 1-8(b), Collection Costs, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low reported the CABA tournament concluded and it appeared to be a fine event in the City. She noted she and Staff would be meeting with representatives of the McHenry Baseball Association regarding their continued participation in co-hosting the event for the next two years. Mayor Low reported a member of the McHenry Queen Court of 2010, Jordan Butler, was crowned Miss McHenry County at the fair last weekend. Mayor Low noted an additional City Band concert was scheduled this Thursday, August 11th, due to sponsorship of River Place and Mr. Roy Blavvise. She expressed the City's gratitude for the bonus concert. Mayor Low announced there will be a second annual Spirit of 45 Alive ceremony at Veterans Memorial Park this Saturday, August 13th at 6 p.m. Last year the City received national Regular Meeting Page 7 August 8,2011 recognition for the event which has been implemented to honor Veterans of World War II. Mayor Low encouraged all to attend the noteworthy event. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS No Future Agenda Items were discussed. ADJOURNMENT Motion by Wimmer, seconded by Blake, to adjourn the meeting at 7:51 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. The meeting was adjourned at 7:51 p.m. Mayor Deputy City Clerk PAGE 1 DATE 8/10/2011 02:06 PM CITY OF MCHENRY LIST OF BILLS COUNCIL MEETING 8/15/11 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 -------------------------------- -------------------------------------------------- 11080491 100 Ol 1000 A-ABLE ALARM SERVICE INC 54856 LOCK REPAIRS O8/15/11 0 081011 154.75 100.01,5110 1108 081011 GLJ2547 154.75 081011 11080493 100 46 1418 AALTO, SARAH M SUMMER 11 PARKS PROGRAM INSTRUCTOR O8/15/11 0 081011 285.00 100.46.5110 1108 081011 GLJ2547 285.00 081011 11080494 100 XXXXX 1071 ACE HARDWARE, BJORKMAN'S JULY 2011 MATERIALS & SUPPLIES 08/15/11 0 081011 485.49 100.01.6110 1108 081011 GLJ2547 115.48 081011 100.22.5370 1108 081011 GLJ2547 7.33 081011 100.22.6210 1108 081011 GLJ2547 11.94 081011 100.33.6110 1108 081011 GLJ2547 223.25 081011 100.45.6110 1108 081011 GLJ2547 127.49 081011 11080495 510 XXXXX 1071 ACE HARDWARE, BJORKMAN'S JULY 2011 MATERIALS & SUPPLIES 08/15/11 0 081011 440.75 510.31.5370 1108 081011 GLJ2548 42.98 081011 510.31.6110 1108 081011 GLJ2548 184.42 081011 510.32.6110 1108 081011 GLJ2548 213.35 081011 11080496 510 32 1071 ACE HARDWARE, BJORKMAN'S INV#197581SUPPLIES 08/15/11 0 081011 57.11 510.32.6110 1108 081011 GLJ2548 57.11 081011 11080498 580 32 1113 ADVANCED AUTOMATION AND 11-1428 SCADA SYSTEM CONTROL 08/15/11 0 081011 10,366.89 580.32.8500 1108 081011 GLJ2548 10366.89 081011 580-CWWSWW 11080499 510 32 1113 ADVANCED AUTOMATION AND 11-1430 WILLOW ST LIFT STATION REPA 08/15/11 0 081011 220.00 510.32.5110 1108 081011 GLJ2548 220.00 081011 11080500 100 XXXXX 1450 AT&T AUG 2011 ALARM CIRCUITS 08/15/11 0 081011 56.47 100.45.5320 1108 081011 GLJ2548 32.53 081011 100.33,5320 1108 081011 GLJ2548 23.94 081011 11080501 510 XXXXX 1450 AT&T AUG 2011 ALARM CIRCUITS 08/15/11 0 081011 12.34 510.31.5320 1108 081011 GLJ2548 10.88 081011 510.32.5320 1108 081011 GLJ2548 1.46 081011 11080502 100 22 1738 AUTO TECH CENTERS INC 228006TIRES 08/15/11 O 081011 208.50 100.22.5370 1108 081011 GLJ2548 208.50 081011 11080503 XXXXX XXXXX 6289 BANKCARD PROCESSING CENT JULYL 2011SUPPLIES-TRAINING-MEMBERSHI 08/15/11 0 081011 1,143.55 100.01.5410 1108 081011 GLJ2546 150.00 081011 100.01.5420 1108 081011 GLJ2548 179.95CR 081011 100.01.5430 1108 081011 GLJ2548 250.00 081011 100.22.6270 1108 081011 GLJ2548 13.000R 081011 100.41.5430 1108 081011 GLJ2548 218.00 081011 100.43.6110 1108 081011 GLJ2548 112.00 081011 620.00.5110 1108 081011 GLJ2548 606.50 081011 11080504 100 41 1 BLAKE, ERIN POOL RESERVATION REFUND 08/15/11 0 081011 170.00 100.41.3634 1108 081011 GLJ2548 170.00 081011 DATE 8/10/2011 02:06 PM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 8/15/11 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 ------------------------- ________ __________ ----------------------------- 11080505 100 00 7 BOGO LLC MOWING ACCOUNT 8935 REFUND O8/15/11 O 081011 120.75 100.00.3682 1108 081011 GLJ2548 120.75 081011 11080506 100 45 2739 BUCK BROS INC 03 3019511REPAIR PARTS O8/15/11 O 081011 369.34 100.45.5370 1108 081011 GLJ2548 369.34 081011 11080507 100 22 2765 BUSS FORD SALES 41595 VEHICLE REPAIR PARTS O8/15/11 0 081011 25.00 100.22.5370 1108 081011 GLJ2548 25.00 081011 11080508 100 22 2765 BUSS FORD SALES 41629 VEHICLE REPAIR PARTS 08/15/11 0 081011 257.00 100.22.5370 1108 081011 GLJ2548 257.00 081011 11080509 510 31 2765 BUSS FORD SALES 41407 VEHICLE REPAIR PARTS O8/15/11 0 081011 439.50 510.31.5370 1108 081011 GLJ2548 439.50 081011 11080510 100 XXXXX 3015 CARQUEST AUTO PARTS STOR JULY 2011 VEHICLE REPAIR PARTS O8/15/11 0 081011 372.13 100.03.5370 1108 081011 GLJ2548 30.35 081011 100.22.5370 1108 081011 GLJ2548 88.55 081011 100.33.5370 1108 081011 GLJ2548 142.58 081011 100.45.5370 1108 081011 GLJ2548 110.65 081011 11080511 510 32 3015 CARQUEST AUTO PARTS STOR JULY 2011 VEHICLE REPAIR PARTS 08/15/11 0 081011 270.70 510.32.6110 1108 081011 GLJ2548 125.31 081011 510.32.5370 1108 081011 GLJ2548 145.39 081011 11080512 610 00 3157 CENTEGRA OCCUPATIONAL HE 96387 MEDICAL SERVICES 08/15/11 O 081011 58.80 610.00.6940 1108 081011 GLJ2548 58.80 081011 11080513 100 01 3157 CENTEGRA OCCUPATIONAL HE 96631 MEDICAL SERVICES O6/15/11 0 081011 88.20 100.01.5110 1108 081011 GLJ2548 88.20 081011 11080514 100 01 3157 CENTEGRA OCCUPATIONAL HE 96646 MEDICAL SERVICES O8/15/11 0 081011 40.18 100.01.5110 1108 081011 GLJ2548 40.18 081011 11080515 100 33 6635 CHICAGO INTERNATIONAL TR 11005444 VEHICLE REPAIR PARTS 08/15/11 0 081011 112.54 100.33.5370 1108 081011 GLJ2548 112.54 081011 11080516 100 01 3285 CINTAS CORPORATION #355 355-01002 FLOOR MAT RENTALS 08/15/11 0 081011 485.64 100.01.6110 1108 081011 GLJ2548 485.64 081011 11080517 100 33 3285 CINTAS CORPORATION #355 355-01000 SUPPLIES 08/15/11 0 081011 13.44 100.33.6110 1108 081011 GLJ2548 13.44 081011 11080518 100 33 3285 CINTAS CORPORATION #355 355-01000 EMPLOYEE UNIFORM RENTALS O8/15/11 0 081011 167.76 100.33.4510 1108 081011 GLJ2548 167.76 081011 11080519 510 32 3285 CINTAS CORPORATION #355 35500992-9EMPLOYEE UNIFORM RENTALS 08/15/11 0 081011 410.96 510.32.4510 1108 081011 GLJ2548 410.96 081011 11080520 510 32 3285 CINTAS CORPORATION #355 35500992-9SUPPLIES 08/15/11 0 081011 164.04 510.32.6110 1108 081011 GLJ2548 164.04 081011 DATE 8/10/2011 02:06 PM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 8/15/11 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 ---------------------------------------------------------------------------------------------- 11080521 510 31 3531 COMED 246168025 UTILITIES 08/15/11 0 081011 32.87 510.31.5510 1108 081011 GLJ2548 32.87 081011 11080522 100 45 3539 CONSERV FS 1482704-INSUPPLIES 08/15/11 0 081011 701.20 100.45.6110 1108 081011 GLJ2548 701.20 081011 11080523 510 32 3565 CONSTELLATION NEWENERGY 9768163023WAER/SEWER PUMPING CHARGES 08/15/11 0 081011 18,503.70 510.32.5510 1108 081011 GLJ2548 18503.70 081011 11080524 100 01 3634 CRESCENT ELECTRIC SUPPLY 1121486568ELECTRICAL SUPPLIES 08/15/11 0 081011 13.17 100.01.6110 1108 081011 GLJ2548 13.17 081011 11080525 510 32 4004 D'ANGELO NATURAL SPRING JULY 2011 BOTTLED DISTILLED WATER 08/15/11 0 081011 38.75 510.32.6110 1108 081011 GLJ2548 38.75 081011 11080526 510 32 4637 DREISILKER ELECTRIC MOTO 1766886 EQUIPMENT REPAIRS 08/15/11 0 081011 371.22 510.32.5375 1108 081011 GLJ2548 371.22 081011 11080527 100 42 4760 DURA WAX COMPANY INC, TH 350919SUPPLIES 08/15/11 0 081011 48.30 100.42.6110 1108 081011 GLJ2548 48.30 081011 11080528 100 33 5107 ED'S RENTAL & SALES INC 17921-1 PARTS 08/15/11 0 081011 200.05 100.33.5370 1108 081011 GLJ2548 200.05 081011 11080530 100 45 6569 FOX VALLEY SYSTEMS INC 10036752 SUPPLIES 08/15/11 0 081011 142.82 100.45.6110 1108 081011 GLJ2548 142.82 081011 11080529 510 31 6559 FOXCROFT MEADOWS INC 37638 GRASS SEED AND STRAW BLANKET 08/15/11 0 081011 235.00 510.31.6110 1108 081011 GLJ2548 235.00 081011 11080531 510 32 8042 HAWKINS INC 3249438 . CHEMICALS 08/15/11 0 081011 560.15 510.32.6110 1108 081011 GLJ2549 560.15 081011 11080532 510 32 8042 HAWKINS INC 3250538 CHEMICALS 08/15/11 0 081011 392.10 510.32.6110 1108 081011 GLJ2549 392.10 081011 11080533 510 31 8050 HBK WATER METER SERVICE 11-313FIELD TESTS & REPAIRS 06/15/11 0 081011 1,447.50 510.31.5110 1108 081011 GLJ2549 1447.50 081011 11080534 100 22 8319 HIPOINT EMBROIDERY INC 8530 EMPLOYEE UNIFORMS 08/15/11 0 081011 46.94 100.22.4510 1108 081011 GLJ2549 46.94 081011 11080535 100 46 10300 JIMANOS PIZZERIA 8/5/11PIZZAS FOR DAY CAMP 08/15/11 0 081011 24.00 100.46.6110 1108 081011 GLJ2549 24.00 081011" 11080536 100 22 11025 KALE UNIFORMS INC 571233EMPLOYEE UNIFORMS 08/15/11 0 081011 45.16 100.22.4510 1108 081011 GLJ2549 45.16 081011 11080537 100 33 11286 KIMBALL MIDWEST 2055828 SUPPLIES 08/15/11 0 081011 154.31 100.33.5370 1108 081011 GLJ2549 166.51 081011 DATE 8/10/2011 02:06 PM CITY OF MCHENRY PAGE 4 . LIST OF BILLS COUNCIL MEETING 8/15/11 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 -------------------------------------------------------------------------------------- 100.33.5370 1108 081011 GLJ2549 EARLY PAY DISCOUNT 12.20CR 081011 11080538 100 00 12630 LRD SYSTEMS & FORMS 031084REPORT PAPER 08/15/11 0 081011 840.00 100.00.6210 1108 081011 GLJ2549 840.00 081011 11080543 510 32 14246 MCHENRY ANALYTICAL WATER 27291 TOTAL NITROGEN SAMPLES 08/15/11 0 081011 60.00 510.32.5110 1108 081011 GLJ2549 60.00 081011 11080544 510 32 14246 MCHENRY ANALYTICAL WATER 27410 TOTAL NITROGEN SAMPLES 08/15/11 0 081011 60.00 510.32.5110 1108 081011 GLJ2549 60.00 081011 11080545 510 32 14246 MCHENRY ANALYTICAL WATER 27482 TOTAL NITROGEN SAMPLES 08/15/11 0 081011 60.00 510.32.5110 1108 081011 GLJ2549 60.00 081011 11080546 510 32 14246 MCHENRY ANALYTICAL WATER 27554 TOTAL NITROGEN SAMPLES O8/15/11 0 081011 180.00 510.32.5110 1108 081011 GLJ2549 180.00 081011 11080547 510 32 14246 MCHENRY ANALYTICAL WATER 27606 TOTAL NITROGEN SAMPLES 08/15/11 0 081011 120.00 510.32.5110 1108 081011 GLJ2549 120.00 081011 11080548 510 32 14246 MCHENRY ANALYTICAL WATER 27798 TOTAL NITROGEN SAMPLES 08/15/11 0 081011 120.00 510.32.5110 1108 081011 GLJ2549 120.00 081011 11080549 510 32 14246 MCHENRY ANALYTICAL WATER 27819 TOTAL NITROGEN SAMPLES 08/15/11 0 081011 120.00 510.32.5110 1108 081011 GLJ2549 120.00 081011 11080550 510 32 14246 MCHENRY ANALYTICAL WATER 27961 TOTAL NITROGEN SAMPLES 08/15/11 0 081011 60.00 510.32.5110 1108 081011 GLJ2549 60.00 081011 11080551 XXXXX XXXXX 14272 MCHENRY COUNTY COLLECTOR 2ND PAYMENT REAL ESTATE TAXES 08/15/11 0 081011 7,072.73 100.01.6940 1108 081011 GLJ2549 6.21 081011 280.41.6940 1108 081011 GLJ2549 6.21 081011 280.41.6940 1108 081011 GLJ2549 7060.31 081011 11080552 590 00 14272 MCHENRY COUNTY COLLECTOR 2ND PAYMENT REAL ESTATE TAXES 08/15/11 0 081011 10,640.71 590.00.6940 1108 081011 GLJ2549 10640.71 081011 11080553 100 01 14258 MCHENRY COUNTY RECORDER JULY 2011 RECORDING FEES O8/15/11 0 081011 41.50 100.01.6940 1108 08101.1 GLJ2549 41.50 081011 11080554 510 XXXXX 14258 MCHENRY COUNTY RECORDER JULY 2011 RECORDING FEES 08/15/11 0 081011 280.00 510.31.6940 1108 061011 GLJ2549 140.00 081011 510.32.6940 1108 081011 GLJ2549 140.00 081011 11080555 100 33 14266 MCHENRY FIRESTONE 18184 A/C RECHARGES 08/15/11 0 081011 80.00 100.33.5370 1108 081011 GLJ2549 80.00 081011 11080539 510 31 13309 MID AMERICAN WATER OF WA 127302W SUPPLIES 08/15/11 O 081011 289.95 510.31.6110 1108 081011 GLJ2549 289.95 081011 11080540 510 31 13288 MIDWEST METER INC 28305-IN SUPPLIES 08/15/11 0 081011 314.50 DATE 8/10/2011 02:06 PM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 8/15/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ----------------------------------------------------------------------------------------- 510.31.6110 1108 081011 GLJ2549 314.50 081011 11080541 100 04 13291 MINUTEMAN PRESS OF MCH 75479 PAYROLL & GENERAL FUND CHECKS 08/15/11 0 081011 1,177.14 100.04.6210 1108 081011 GLJ2549 1177.14 081011 11080542 620 00 13749 MUNIMETRIX SYSTEMS CORP 1109018 ANNUAL SOFTWARE SUPPORT 08/15/11 0 081011 - 3,040.00 620.00.5110 1108 081011 GLJ2549 3040.00 081011 11080556 100 XXXXX 14251 NAPA AUTO PARTS MPEC JULY 2011 VEHICLE REPAIR PARTS 08/15/11 0 081011 1,913.78 100.22.5370 1108 081011 GLJ2549 1017.21 061011 100.33.5370 1108 081011 GLJ2549 867.78 081011 100.45.5370 1108 081011 GLJ2549 28.79 081011 11080557 510 XXXXX 14251 NAPA AUTO PARTS MPEC JULY 2011 VEHICLE REPAIR PARTS 08/15/11 0 081011 266.46 510.31.5370 1108 081011 GLJ2549 232.85 061011 510.32.5370 1108 081011 GLJ2549 33.61 081011 11080558 740 00 15144 NEUMANN JR, EDWARD J SEPT 2011 PARKING LOT RENTAL 08/15/11 0 081011 500.00 740.00.6960 1108 081011 GLJ2549 500.00 081011 11080559 580 32 17014 PARKSON CORPORATION ARI5110046SEWER PLANT UPGRADES 08/15/11 0 081011 52,852.00 580.32.8500 1108 081011 GLJ2549 52852.00 081011 580-CWWSWW 11080560 100 22 2532 PETROLIANCE LLC 9044917 VEHICLE FUEL 08/15/11 0 081011 1,455.11 100.22.6250 1108 081011 GLJ2549 1455.11 081011 11080561 100 22 2532 PETROLIANCE LLC 9042108 VEHICLE FUEL 08/15/11 0 081011 3,831.69 100.22.6250 1108 081011 GLJ2549 3831.69 081011 11080562 100 33 2532 PETROLIANCE LLC 9042107 VEHICLE FUEL O8/15/11 0 081011 631.98 100.33.6250 1108 081011 GLJ2549 631.98 081011 11080563 100 33 2532 PETROLIANCE LLC 9044916 VEHICLE FUEL 08/15/11 0 081011 633.21 100.33.6250 1108 081011 GLJ2549 633.21 081011 11080564 100 33 2532 PETROLIANCE LLC 9045093 VEHICLE FUEL O8/15/11 0 081011 659.40 100.33.6250 1108 081011 GLJ2549 659.40 081011 11080565 510 31 2532 PETROLIANCE LLC 9045091 VEHICLE FUEL 08/15/11 0 081011 991.39 510.31.6250 1108 081011 GLJ2549 991.39 081011 11080566 100 22 17154 PETTIBONE & CO, P F 23245 K-9 ESTA PLAQUE 08/15/11 0 081011 249.00 100.22.6210 1108 081011 GLJ2549 249.00 081011 11080567 100 XXXXX 17295 PITNEY BOWES INC 424906POSTAGE MACHINE INK 08/15/11 0 081011 158.64 100.01.5310 1108 081011 GLJ2549 22.66 081011 100.02.5310 1108 081011 GLJ2549 22.66 081011 100.03.5310 1108 081011 GLJ2549 22.66 081011 100.04.5310 1108 081011 GLJ2549 22.66 081011 100.22.5310 1108 081011 GLJ2549 22.67 081011 DATE 8/10/2011 02:06 PM CITY OF MCHENRY PAGE 6 LIST OF BILLS COUNCIL MEETING 8/15/11 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 ----------------------------------------------------------------------------------------- 100.30.5310 1108 081011 GLJ2549 22.66 081011 100.41.5310 1108 081011 GLJ2549 22.67 081011 11080568 510 XXXXX 17295 PITNEY BOWES INC 424906POSTAGE MACHINE INK O8/15/11 0 081011 45.33 510.31.5310 1108 081011 GLJ2549 22.67 081011 510.32.5310 1108 081011 GLJ2549 22.66 081011 11080569 100 22 17640 PRECISION SERVICE & PART 06-126312 SUPPLIES 08/15/11 0 081011 292.85 100.22.5370 1108 081011 GLJ2549 292.85 081011 11080570 100 22 17640 PRECISION SERVICE & PART 03-584638 SUPPLIES 08/15/11 0 081011 271.15 100.22.5370 1108 081011 GLJ2549 271.15 081011 11080571 100 22 17640 PRECISION SERVICE & PART 06-127049 SUPPLIES O8/15/11 0 081011 108.02 100.22.5370 1108 081011 GLJ2549 108.02 081011 11080572 100 22 17640 PRECISION SERVICE & PART 03-585626 SUPPLIES 08/15/11 0 081011 198.64 100.22.5370 1108 081011 GLJ2549 198.64 081011 11080573 100 22 17640 PRECISION SERVICE & PART 03-585857 SUPPLIES 08/15/11 0 081011 81.89 100.22.5370 1108 081011 GLJ2549 81.89 081011 11080574 100 22 17640 PRECISION SERVICE & PART 06-127372 SUPPLIES 08/15/11 0 081011 251.53 100.22.5370 1108 081011 GLJ2549 251.53 081011 11080575 100 33 17635 PRIME TACK & SEAL CO 32297 SUPPLIES O8/15/11 0 081011 968.20 100.33.6110 1108 081011 GLJ2549 968.20 081011 11080576 510 31 19157 REICHE'S PLUMBING SEWER 7/29/11 WATER METER INSTALLATION 08/15/11 0 081011 280.00 510.31.5110 1108 081011 GLJ2549 280.00 081011 11060577 100 45 19155 REINDERS INC 1346486 SUPPLIES 08/15/11 0 081011 506.47 100.45.5370 1108 081011 GLJ2549 506.47 081011 11080578 450 00 19523 ROAD RAGE INC 20110729 SQUAD CAR DECALS 08/15/11 0 081011 2,840.00 450.00.8300 1108 081011 GLJ2549 2840.00 081011 11080579 100 01 19555 ROWE, HERBERT W 6/23/11 PAINTING SERVICES O8/15/11 0 081011 115.00 100.01.5110 1108 081011 GLJ2549 115.00 081011 11080580 100 01 20160 SERVICEMASTER BY DIDIER 888137JANITORIAL SERVICES 08/15/11 0 081011 504.00 100.01.5110 1108 081011 GLJ2549 504.00 081011 11080581 100 01 20160 SERVICEMASTER BY DIDIER 888139JANITORIAL SERVICES O8/15/11 0 081011 576.00 100.01.5110 1108 081011 GLJ2549 576.00 081011 11080582 100 01 20160 SERVICEMASTER BY DIDIER 888146JANITORIAL SERVICES O8/15/11 0 081011 576.00 100.01.5110 1108 081011 GLJ2549 576.00 081011 11080583 100 01 20160 SERVICEMASTER BY DIDIER 888150JANITORIAL SERVICES 08/15/11 0 081011 576.00 100.01.5110 1108 081011 GLJ2549 576.00 081011 "DATE 8/10/2011 02:06 PM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 8/15/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11080584 100 01 20250 SHERMAN MECHANICAL INC S53574CLIMATE CONTROL UNIT UPGRADE 08/15/11 0 081011 1,260.00 100.01.5110 1108 081011 GLJ2549 1260.00 081011 11080585 100 01 20250 SHERMAN MECHANICAL INC S53514CLIMATE CONTROL SERVICE WORK 08/15/11 0 081011 357.50 100.01.5110 1108 081011 GLJ2549 357.50 081011 11080586 100 03 20426 SMALE, GUY 8/5/11NWBOCA LUNCHEON MEETING REIMB O8/15/11 0 081011 15.00 100.03.5430 1108 081011 GLJ2549 15.00 081011 11080587 100 03 20710 STANS OFFICE TECHNOLOGIE 284283COPIER METER READING O8/15/11 0 081011 106.75 100.03.5110 1108 081011 GLJ2549 106.75 081011 11080588 620 00 20710 STANS OFFICE TECHNOLOGIE 284239INTERNET SERVICES 08/15/11 0 081011 179.00 620.00.5110 1108 081011 GLJ2549 179.00 081011 11080589 510 31 20719 STEINER ELECTRIC COMPANY 3682387 ELECTRICAL SUPPLIES 08/15/11 0 081011 210.75 510.31.6110 1108 081011 GLJ2549 210.75 081011 11080590 100 XXXXX 20820 SWIFT CO INC, JOHN S 23947-11 PARKS BROCHURE PRINTING 08/15/11 0 081011 1,883.00 100.46.5330 1108 081011 GLJ2549 934.00 081011 100.47.5330 1108 081011 GLJ2549 934.00 081011 100.46.5330 1108 081011 GLJ2549 7.50 081011 100.47.5330 1108 081011 GLJ2549 7.50 081011 11080591 100 33 21632 TRAFFIC CONTROL & PROTEC 69053 BARRICADE LIGHTS 08/15/11 0 081011 200.11 100.33.6110 1108 081011 GLJ2549 200.11 081011 11080592 450 00 22396 ULTRA STROBE COMMUNICAIT 7360 EQUIPMENT FOR NEW SQUAD CARS O8/15/11 O 081011 3,300.00 450.00.8300 1108 081011 GLJ2550 3300.00 081011 11080593 620 00 22396 ULTRA STROBE COMMUNICAIT 7361 GPS NAVIGATION RECEIVER 08/15/11 0 081011 299.95 620.00.6270 1108 081011 GLJ2550 299.95 081011 11080594 100 XXXXX 22497 UNITED PARCEL SERVICE 60X485321 UPS CHARGES 08/15/11 0 081011 57.22 100.30.5310 1108 081011 GLJ2550 37.22 081011 100.04.5310 1108 081011 GLJ2550 20.00 081011 11080595 510 32 22669 USA BLUEBOOK 446212SUPPLIES 08/15/11 0 081011 84.78 510.32.6110 1108 081011 GLJ2550 84.78 081011 11080596 100 47 3661 VALLEY VIEW ACRES 9912 PARKS PROGARM INSTRUCTOR 08/15/11 O 081011 600.00 100.47.5110 1108 081011 GLJ2550 600.00 081011 11080597 XXXXX XXXXX 23152 VERIZON WIRELESS 2610113309CELL PHONE USAGE O8/15/11 0 081011 1,656.72 100.01.5320 1108 081011 GLJ2550 193.23 081011 100.02.5320 1108 081011 GLJ2550 59.47 081011 100.03.5320 1108 081011 GLJ2550 130.23 081011 100.22.5320 1108 081011 GLJ2550 762.15 081011 100.30.5320 1108 081011 GLJ2550 34.09 081011 100.33.5320 1108 081011 GLJ2550 268.52 081011 DATE 8/10/2011 02:06 PM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 8/15/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 100.41.5320 1108 081011 GLJ2550 57.63 081011 100.45.5320 1108 081011 GLJ2550 69.45 081011 100.46.5320 1108 081011 GLJ2550 6.95 081011 100.47.5320 1108 081011 GLJ2550 7.82 081011 620.00.5320 1108 081011 GLJ2550 67.18 081011 11080598 510 XXXXX 23152 VERIZON WIRELESS 2610113309CELL PHONE USAGES O8/15/11 0 081011 152.69 510.31.5320 1108 081011 GLJ2550 88.64 081011 510.32.5320 1108 081011 GLJ2550 64.05 081011 11080599 510 32 24028 WASTE MANAGEMENT OF WI P 2438827426SLUDGE DISPOSAL SERVICES 08/15/11 0 081011 5,951.49 510.32.5580 1108 081011 GLJ2550 5951.49 081011 EXPENDED LIQUID ACCRUAL GRAND TOTALS 153,159.30 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 28,097.72 280 DEVELOPER DONATION FUND 7,066.52 450 CAPITAL EQUIPMENT FUND 6,140.00 510 WATER/SEWER FUND 33,244.03 580 UTILITY IMPROVEMENTS FUND 63,218.89 590 MARINA OPERATIONS FUND 10,640.71 610 RISK MANAGEMENT FUND 58.80 620 INFORMATION TECHNOLOGY FUND 4,192.63 740 RETAINED PERSONNEL ESCROW 500.00 **** 153,159.30 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: August 15,2011 Regular City Council Meeting RE: Amendment to Ordinance 0-87-424, Zoning Map Amendment and Variances for the property located at 3610 W Elm Street ATT: Location map July 7, 2011 PZC meeting minutes Ordinance approving Amendment to CUP, Zoning Map Amendment and Variances Ordinance 0-87-424 PZC application packet Background: The McHenry Township Fire Protection District is seeking to construct an administrative facility addition to the east side of their existing building located at 3610 W Elm Street (Fire Station #1). The addition will be used for operations and administration, meeting space including a 160-seat auditorium-style room, and miscellaneous office space. Initial approval from the City Council as a conditional public use for a firehouse station with offices was granted by Ordinance 0-87-424 in July of 1987 along with several building setback variances. Approximately one year ago the fire district acquired two properties directly to the north, 1301 and 1303.N Richmond Road, for future expansion. Attached are site and landscape plans and building elevations depicting the building addition and site layout incorporating the two additional properties on North Richmond Road. The property at 1301 N Richmond Road currently zoned C-5, was formerly a six-unit apartment complex and the property at 1303 N Richmond Road currently zoned RM-2 High-Density Multi-Family Residential, was a one-time residence used as a professional office building. Analysis: Zoning Map Amendment: Many years ago the district acquired the property at the northwest part of the site and an existing home was demolished but the property was never utilized. This property, Parcel 5 on the Consolidation Plat, is zoned RS-4 High-Density Single-Family Residential and the adjacent Parcel 1 directly to the south is also zoned RS-4. The property at 1303 North Richmond Road (Parcel 7) is zoned RM-2 High-Density Multi Family Residential. Redevelopment and addition of the two recent purchases will become one zoning lot with the same zoning classification of C-5 Highway Commercial. The primary use of the property will not be altered. The properties being rezoned will be used for parking and the intensity of the use will remain unchanged and will not adversely impact adjacent properties. Expansion of existing Conditional Public Use Permit 0-87-424: Due to the proposed building and land area expansions, the conditional public use is required to be amended to reflect changes beyond the scope of initial approval detailed on the attached site plan. The intersection of North Richmond Road and West Elm Street will be improved in the next few years with dual left-hand turn lanes and extended tapers along with the general reconfiguration of the intersection. The applicant is working with IDOT on access locations along West Elm Street and North Richmond Road. Left-hand turning movements onto/from North Richmond Road will be prohibited by the general public and limited to emergency vehicles only with adjacent pavement demarcated indicating such. While the area of the site has expanded the north portion of the property remains essentially unchanged as it will remain as parking for the site. The abutting uses off of North Richmond Road remain high-density multi-family residential. Further, with the proposed road improvements, the use on the subject property is appropriately located and staff has no concerns with the request. Variances to the Landscaping and Screening Ordinance: Two variances from the landscaping and screening ordinance are being requested, including elimination of a parking lot landscape island and a reduction in the required 15' residential landscape buffer to a minimum of 7.5'. The proposed north parking area adjacent to the apartment building on North Richmond Road contains twenty-three parking spaces without an intermittent landscape island after the fifteenth space as required by ordinance. Additionally, this row of parking extends into the required 15' residential screening strip but maintains a minimum separation of 7.5'. To the north and east of these respective areas is a retaining wall with intermittent landscaping, and, in accordance with the ordinance, can be used in conjunction with trees and shrubs abutting a residentially-zoned parcel for screening purposes. Staff supports both of these variances due to space constraints but would recommend a four- foot wooden fence be placed on top of the retaining wall. This will serve as an acceptable screen for residential properties to the north. The district has agreed to preserve two large trees at the northwest corner of the site however the preservation of a large tree along Freund Avenue prevents the installation of a sidewalk. The district has agreed to contribute $6 per square foot in lieu of installing a commercial sidewalk extending along Freund Avenue from its terminus at the northern end of the existing building to the northern property boundary. Variances to the Off-Street Parking and Loading Ordinance: The applicant is requesting variances from the off-street parking and loading ordinance to allow a third driveway and to exceed the maximum 12'/lane and 36'/total width for non-residential driveways. The proposed site plan contains three driveways accessing public parking areas. The driveway off West Elm Street and the access off Freund Avenue south of the second driveway are only for emergency vehicles entering and exiting the building. Currently, there are four driveways, one on Freund Avenue, two on Elm Street, and one off North Richmond Road. The West Elm Street driveways will be removed and a driveway off Freund Avenue will be added. Staff has no concerns with these requests as the degree of variance is actually decreasing from what currently exists by removing driveways on West Elm Street. Planning and Zoning Commission: At the Planning and Zoning Commission meeting, concerns from abutting property owners to the north and west were expressed regarding screening, drainage and safety related to the installation of the retaining wall. The district has met with the owners of these properties on separate occasions to address their concerns as best as practical and staff will continue to work with the property owners throughout the building permit approval process. Recommendation: Staff concurs with the Planning and Zoning Commission's unanimous recommendation to approve the attached ordinance authorizing: 1) Approval of a Zoning Map Amendment for Parcel 7 from RM-2 High-Density Multi- Family Residential to C-5 Highway Commercial and for Parcels 1 and 5 from RS-4 High-Density Single-Family Residential to C-5; 2) Approval of an amendment to Ordinance 0-87-424, Conditional Public Use to allow a building addition and site expansion (Parcels 1-7) in substantial accordance with the geometric site plan and building elevations prepared by 222 Architects dated June 24, 2011 consisting of two sheets, and the landscape plan prepared by uplandDesign ltd. dated June 29, 2011 consisting of two sheets (collectively"SITE PLAN"); 3) Approval of Variances to the Landscaping and Screening Ordinance to allow the development of the subject property in substantial accordance with the following conditions: a four-foot high solid wooden fence be erected on the proposed retaining wall along the entire length of the northern property line and a contribution of$6 per square foot be made to the city in lieu of the installation of a commercial sidewalk from the existing sidewalk terminus at the southern end of Freund Avenue on the east side to the northern property boundary on the east side of Freund Avenue; and, 4) Approval of Variances to the Off-Street Parking and Loading Requirements to allow a third driveway and increase in total width for a non-residential driveway. Location Map GRAND AVENUE MOR'lNI hTH(7�fG G C n r 0 L 2 (L Cr )) Rezone Parcels(RS-4C-5(Vacant yc Rezone Parcel 1 (RS-4C-5(Parking)) Rezone Parcel 7(RM-2-C-5(1303 N Richmond)) n MR'f mil.F» C-5(1301 N Richmond) I FIRE : DEPARTMENT C-5(3610 W Elm) r i / J� V S i I �Y ur.wyier�yiR NICHE / 0 Yt A CopyrigYL CourAy of McHenry 2011 .,g NI information is prorided'as•is'with no 0.01009J 0.01 Miles ., guammoe of accuracy,oompideness or currency City of McHenry Planning and Zoning Commission Minutes July 7, 2011 Chairman Schepler called the July 7, 2011 meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Buhrman, Doherty, Ekstrom, Morck,Nadeau, Schepler, and Thacker. Absent: None. Also in attendance was: Deputy City Administrator Martin. Public Hearing: McHenry Township Fire Protection District(MTFPD) File No. Z-771 3610 West Elm Street Map Amendment, Expansion of CUP and Variances Chairman Schepler called the Public Hearing to order at 7:31 p.m regarding File No Z-771 an application for the following zoning relief as submitted by Mchenry Township Fire Protection District for the property located at 3610 West Elm Street: 1. Zoning map amendment from RS-4 High Density Single-Family Residential to C-5 Highway Commercial for Parcels 1 and 5; and from RM-2 High Density Multi-Family Residential to C-5 Highway Commercial for Parcel 7; 2. Amendment to Ordinance 0-87-424 (granting a Conditional Public Use to the subject property) to allow a building addition and site expansion(Parcels 1-7): 3. Variances to Landscape and Screening Ordinance for parking lot landscaping, residential buffer requirements; 4. Variances to the Off-Street Parking and Loading REquireme3nts to allow an additional driveway and an increase in width/driveway land and total width for non-residential driveways; 5. Variances from Off-Street Parking requirements to accommodate future buildout of proposed administrative facility and elimination of wheel guard and curbing requirement adjacent to pedestrian area and loading space; 6. Variances to the Landscape and Screening ordinance regarding parking screening and foundation base landscaping requirements; 7. Variance from front and corner side yard building setback requirements; 8. Any other variances necessary and proper for the intended use of the subject property. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on June 22, 2011. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance were the following, who were sworn in by Chairman Schepler: Jim Militello, Attorney Ken Schaefer, Architect Kelly O'Connor, Architect Tim Schmitt, Architect Alan Miller, Trustee MTFPD Bob Meyer, Trustee MTFPD Mark Justen, Trustee MTFPD Tony Huemann, Fire Chief. Attorney Militello provided the commission with a summary of the fire district's request which essentially provides for an expansion of the administrative facilities located at Station 1, 3610 West Elm Street. The size of the new facility will be approximately 4,700 square feet in area. The site will include operations and administration headquarters for the district. In order to accommodate the proposed expansion zoning relief is being sought. The district is requesting zoning map amendment for residential zoning parcels on the subject property as well as an amendment to ordinance no 0-87-424 which granted the initial condition public use permit for the existing site. Several variances are also required to permit the proposed facility expansion. Variances relate to landscape and screening, off-street parking and loading, driveway width and building setback requirements. Attorney Militello noted the district purchased two additional properties, Parcels 6 and 7 for their expansion, depicted on the Plat of Consolidation. The total site area is approximately 2 acres. Mr. Militello explained the proposed zoning map amendments and criteria, Table 33, used to evaluate such amendments and stated his belief the applicant meets those criteria. He explained the request for variances due to the uniqueness of the property. The applicant is requesting to construct 23 parking spaces without a parking lot landscape island and is requesting a variance from the residential landscaping and screening requirements to reduce the residential landscape buffer to a minimum of 7.5'. Mr. Militello also explained the need for the driveway variances, to allow a third driveway and allow each driveway lane to exceed 12' and a total width of the proposed driveways to exceed 36' which is the maximum permitted in the city's zoning ordinance. He detailed plans for the proposed retaining wall on the north side of the property and the elimination of approximately 100' of retaining wall at the northwest part of the site which will facilitate efficient drainage from the property. Deputy Administrator Martin provided the staff report and clarified the requests being sought, separating from the original list of requests published as part of the public notice. He reiterated the history of the district's original approval in 1987 and detailed the zoning map amendment requests. He stated staffs opinion of supporting the zoning map amendments, as they met the criteria established in Table 33 of the zoning ordinance. Deputy Administrator Martin detailed plans for expanding the existing conditional public use permit approved in 1987, provided an overview of the future Richmond Road/Elm Street road improvements and stated the redevelopment of the site at 3610 W Elm will not result in a substantial change to the property as it currently sits and reiterated staff s support of the conditional public use permit expansion request. Mr. Martin detailed the variance requests regarding the elimination of a parking lot landscape island and reduction of the residential landscape buffer to a minimum of 7.5'. He restated the plans of the district to install a new retaining wall along the north property line and stated staff s recommendation to install a four-foot high wooden fence on-top of the proposed retaining wall. He said this was an acceptable and appropriate screen because it would provide a physical barrier for children playing on the property to the north. In staffs opinion, installing landscaping north of the proposed retaining wall/fence would be impractical due to long-term maintenance and relative survivability of the vegetation. Deputy Administrator Martin stated the district's intent of preserving two large trees at the northwest portion of the site and the impossibility of doing so while installing a sidewalk extension on the east side of Freund Avenue. He stated staff s recommendation that the district provide a monetary contribution in lieu of the sidewalk installation in this location. Deputy Administrator Martin reiterated and explained the fire district's requests for two variances from the off-street parking and loading ordinance: the first, to exceed 12'/driveway lane and total allowable driveway width of 36% and the second, to allow a third driveway. Mr. Martin explained the site currently has four driveways; and, as a result of the redevelopment, one existing driveway would be eliminated. Additionally, the district is eliminating the two vehicular driveways on Elm Street which staff believes is a great public safety benefit. Mr. Martin reiterated when the initial approval was granted in 1987 the driveway construction portion of the off-street parking and loading ordinance was in the city's municipal code. Since that time, the driveway requirements were incorporated into the zoning ordinance. Martin stated staff s recommendation: 1. Approval of Zoning Map Amendment for Parcel 7 from RM-2 High-Density Multi- Family Residential to C-5 Highway Commercial and for Parcels 1 and 5 from RS-4 High-Density Single-Family Residential to C-5. Staff finds all requirements of Table 33 have been met and 2. Approval of an amendment to Ordinance 0-87-424, Conditional Public Use, to allow a building addition and site expansion(Parcels 1-7) in substantial accordance with the geometric site plan and building elevations prepared by 222 Architects dated June 24, 2011 consisting of two sheets and the landscape plan prepared by upland Design ltd dated June 29, 2011 consisting of two sheets (collectively "SITE PLAN"). Staff finds that the requirements in Table 31 of the Zoning Ordinance have been met and; 3. Approval of Variances to the Landscaping and Screening Ordinance to allow the development of the subject property in substantial accordance with the SITE PLAN with the following conditions: a four-foot high solid wooden fence be erected on the proposed retaining along the entire length of the northern property line and-a contribution be made to the City in lieu of installation of a commercial sidewalk from the existing sidewalk terminus at the southern end of Freund Avenue on the east side to the northern property boundary on the east side of Freund Avenue. Staff finds the requirements of Table 32 of the zoning ordinance have been met and; 4. Approval of Variances to the Off-Street Parking and Loading Requirements to allow a third driveway and increase in width for a non-residential driveway. Staff finds the requirements of Table 32 of the Zoning Ordinance have been met. Chairman Schepler invited questions and comments from the commissioners. Commissioner Doherty sought clarification on the extent of the proposed retaining wall. Mr. Militello handed out a detail of the proposed retaining wall to the Commissioners depicting the location, height variations and installation detail. Mr. Schmitt stated they had acquired more specific information on grading which result in a slight change in the retaining wall design. Mr. Schaefer stated that 100' of retaining wall was eliminated from the original site plan submittal. Mr. Militello stated the petitioner's concurrence with the conditions of approval imposed by staff. Mr. Schmitt went into further detail about the proposed retaining wall. Chairman Schepler asked about the type of retaining wall being proposed. Mr. Schmidt answered it would be similar to the existing concrete wall. Mr. Schaefer stated the retaining wall height fluctuates but would maintain an above-grade barrier to adjacent properties to the north. Commissioner Thacker sought clarification on the fence style proposed on-top of the proposed concrete retaining wall to the west. Schaefer explained differences in fence styles and that vertical boards would be used on the proposed fence to discourage people from climbing the fence. Commissioner Buhrman asked for further explanation regarding questions and responses from the Illinois Department of Transportation(IDOT)relating to the proposed roadway improvements for this intersection. Schaefer went into detail about the proposed access points from the subject property onto Elm and Richmond Roads. Chairman Schepler asked how emergency vehicle traffic would flow onto Elm Street and Illinois Route 31 (Richmond Road), as well as onto Freund Avenue. Schaefer provided a detailed explanation of which vehicles accessed each of the roadways. Chairman Schepler asked how employees would access the site. Schaefer explained the evolution/history of the fire district, detailing paid-on-call, permanent staff and who is inside the building. He stated they still needed to work with IDOT on the design and function of the Freund Avenue access onto Elm Street, full, right-in/right-out, etc. Commissioner Buhrman asked about the location of the public sidewalk after IDOT had completed their roadway improvements. Mr. Schmitt provided further clarification regarding the future right-of-way location and sidewalk location. Chairman Schepler opened the public hearing to questions and/or comments from people in the audience. Each of the following was sworn in by Chairman Schepler. Ray Walsh, 3614 Freund Avenue: Mr. Walsh stated the 15' residential landscape buffer should be provided and a variance to reduce it should not be granted. When the site is redeveloped there will be 30 cars within 7' of his house. Mr. Walsh noted a wrought iron fence would be more acceptable than a wood fence. The proposed plan is unacceptable. He also questioned the height of the retaining wall. Mr. Walsh also noted the code requires the applicants to provide a tree survey and he has not seen evidence of one provided. Regarding the contaminated ground, he questioned why the applicant could build on contaminated land. Mr. Schaefer and Mr. Schmidt went into further detail and explanation about the location, distance and width of retaining wall and buffer from the residential properties to the north. There would be no more than eight inches of concrete retaining wall visible on the Walsh side of the property. Mr. Walsh further stressed additional landscaping should be required to property screen his property from the subject property. He opined the four-foot wood fence would be the easy way out to provide screening. Attorney Militello noted the applicant would not be increasing any environmental concerns as a result of the facility expansion. He noted the tree survey would be provided to the City along with the building permit application. Robert Walsh, 1307 Richmond Road: Mr. Walsh stated his concerns regarding the proposed landscaping and screening and variance sought. Mr. Militello stated the fire district is open and wants to be a good neighbor. Several conversational exchanges occurred between Robert and Ray Walsh and the applicant and representatives of the applicant and staff regarding the landscaping, screening, retaining wall and proposed fence type. Robert and Ray Walsh expressed their displeasure with the proposed plans, the inadequacy of landscaping and screening, the proposed 4' wooden fence and potential increase of noise which would be generated from the subject property. The applicant and representatives responded to the questions and concerns; however, Robert and Ray Walsh did not appear to be satisfied with the responses and began to argue and became somewhat verbally confrontational. Deputy Administrator Martin and Chairman Schepler tried multiple times to interrupt and bring order to the meeting but it became very difficult as Ray and Robert Walsh remained unsatisfied, continued to state and restate their displeasure and concerns about the lack of landscaping, height of the proposed retaining wall, storm water management, and inappropriate fence type, implying it was proposed because it was the cheapest and easiest way to address the issue. Verbal exchange also occurred regarding existing trees on the property, on the property line, and the status of the trees following the improvements of the property. Deputy Administrator Martin attempted to explain the purpose of public comment and directed Robert and Ray Walsh to state any additional concerns, ask any further questions which hadn't already been asked and then to allow the applicants an opportunity to respond. Ray and Robert Walsh continued to express displeasure regarding the construction of the four- foot wood fence, indicating they would prefer extensive landscaping be utilized instead, which would be more aesthetically pleasing. Attorney Militello responded the district would take the complaints regarding the proposed landscaping plan into consideration as the project moved forward. He noted the fence would provide a safety feature so that children would not fall from the retaining wall. Further questions were asked by the Walsh's regarding the landscaping of the parking perimeter and the entire site. Attorney Militello responded additional landscaping and reduced impervious surface is shown on the site plan. Ray Walsh inquired if storm water management would be addressed. Deputy Administrator Martin responded this issue would be addressed during the building permit review process. Pam Gough. 3615 W Freund Avenue: Ms. Gough sought clarification and more detail regarding the height of the proposed berm at the northwest portion of the property, as this was directly across from her driveway. Mr. Schmitt provided clarification of the proposed height of the berm. Ms. Gough stated her concern about the in and out traffic flow from the fire district site and stated it was an accident waiting to happen. She expressed further concern about cut-through traffic from Richmond Road west to Freund Avenue via the subject property. She also thanked the district for saving the two large trees. Mr. Militello stated traffic has also increased over the years and he also indicated the traffic from the subject property is consistent with the proposed C-5 Highway Commercial District zoning classification. Chairman Schepler closed public comment at 8:43 p.m. Commissioner Thacker sought more explanation about the egress onto Richmond Road for northbound traffic. Mr. Schaefer explained the need for emergency vehicles to exit onto Richmond Road, as well as members from the fire district's Johnsburg location to bring equipment from Richmond Road into the site. Deputy Administrator Martin stated the left- hand turn into the site from Richmond Road and the left-hand turn from the site onto Richmond Road were proposed for emergency vehicles only. Commissioner Doherty asked for more clarification on vehicles cutting through the fire district site from Richmond Road to access Freund Avenue. Mr. Schaefer stated this was a concern of the McHenry public works department but believed the district's parking lot, from Richmond Road to Freund Avenue would not be a very desirable way for vehicles to access Freund Avenue. Commissioner Nadeau asked what the height of the radio tower was. Mr. Schaefer responded he believed it could not exceed 65' and be in compliance with the city's zoning ordinance. Deputy Administrator Martin indicated that was correct. Commissioner Nadeau asked if there was any thought given to placing the tower on-top of the building. Mr. Schaefer sated there had been no discussion to that regard and indicated with the height required the tower would become very unstable during high wind events. Deputy Administrator Martin also noted the structural integrity of the building would also need to be readdressed as the tower would compromise the structural integrity of the building if placed on the roof. Motion by Nadeau, seconded by Doherty, to recommend approval to the City Council, with regard to File No. Z-771, an application for the following zoning relief as requested by the McHenry Township Fire Protection District for their property located at 3610 West Elm Street: 1. Zoning Map Amendment for Parcel 7 from RM-2 High-Density Multi-Family Residential to C-5 Highway Commercial and for Parcels 1 and 5 from RS-4 High- Density Single-Family Residential to C-5; 2. Amendment to Ordinance 0-87-424, Conditional Public Use, to allow a building addition and site expansion(Parcels 1-7) in substantial accordance with the geometric site plan and building elevations prepared by 222 Architects dated June 24, 2011 consisting of two sheets and the landscape plan prepared by upland Design ltd dated June 29, 2011 consisting of two sheets (collectively"SITE PLAN"); 3. Variances to the Landscape and Screening Ordinance to allow the development of the subject property in substantial accordance with the SITE PLAN subject to the following conditions being met: a four-foot high solid wooden fence be erected on the proposed retaining wall along the entire length of the northern property line; b. a contribution be made to the City in lieu of installation of a commercial sidewalk from the existing sidewalk terminus at the southern end of the east side of Freund Avenue to the northern property boundary on the east side of Freund Avenue; 4. Variances to the Off-Street Parking and Loading Ordinance to allow a third driveway on the site and an increase in width for a non-residential driveway with a total driveway in excess of 36 lineal feet; And that Table 31, the Approval Criteria for Conditional Use Permits, Table 32, the Approval Criteria for Variances and Table 33,the Approval Criteria for Map Amendments, have been met. Voting Aye:Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Schepler closed the Public Hearing regarding File No. Z-771 at 8:51 p.m. Adjournment Motion by Ekstrom, seconded by Nadeau, to adjourn the meeting at 8:52 p.m. Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 8:52 pan Respectfully submitted, Kathleen M. Kunzer, Deputy Clerk City of McHenry ORDINANCE NO. AN ORDINANCE GRANTING ZONING MAP AMENDMENT, AMENDING AN EXISTING CONDITIONAL USE PERMIT AND GRANTING VARIANCES FOR THE PROPERTY LOCATED AT 3610 W ELM STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by McHenry Township Fire Protection District, requesting an amendment to an existing conditional use permit, approved by Ordinance 0-87-424, to allow additional property and expansion of the existing building, zoning map amendment and variances 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 July 7, 2011, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested zoning map amendment and amendment to the existing conditional use permit and variances; 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 amendment to the existing conditional use permit, zoning map amendment and variances is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY is hereby granted a Zoning Map Amendment for Parcel 7 from RM-2 High-Density Multi-Family Residential to C-5 Highway Commercial and for Parcels 1 and 5 from RS-4 High-Density Single-Family Residential to C- 5 legally described on attached Exhibit A. SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the requirements of Table 33 of the Zoning Ordinance have been met in that: 1. The requested zoning classification is compatible with the existing uses and zoning of property in the environs; 2. The requested zoning classification is supported by the trend of development in the general area; 3. The requested zoning classification is consistent with the objectives of the City of McHenry Comprehensive Plan; and 4. The requested classification promotes the public interest. SECTION 2: That the SUBJECT PROEPRTY is hereby granted an amendment to conditional use permit authorized by 0-87-424, conditional public use, to allow a building addition and site expansion(Parcels 1-7) in substantial accordance with the geometric site plan and building elevations prepared by 222 Architects dated June 24, 2011 consisting of two sheets and the landscape plan prepared by uplandDesign ltd dated June 29, 2011 consisting of two sheets (collectively "SITE PLAN"). SECTION 3: In granting said Amendment to the existing Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled; 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area; 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 4: That the SUBJECT PROEPRTY is hereby granted approval of variances to the landscaping and screening ordinance to allow the development of the subject property in substantial accordance with the SITE PLAN with the following conditions: a four-foot high solid wooden fence be erected on the proposed retaining along the entire length of the northern property line and a contribution be made to the City in lieu of installation of a commercial sidewalk from the existing sidewalk terminus at the southern end of Freund Avenue on the east side to the northern property boundary on the east side of Freund Avenue ($6/square foot). SECTION 5: That the SUBJECT PROEPRTY is hereby granted approval of variances to the off-street parking and loading requirements to allow a third driveway, in substantial conformance with the SITE PLAN, and increase in width for a non-residential driveway. SECTION 6: In granting said Variances, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 7: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 8: 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 9: 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 2011 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF 2011 MAYOR ATTEST: CITY CLERK Exhibit A Legal Description of the SUBJECT PROPERTY Exhibit B Site Plan of the Subject Property IN THE MATTER OF THE APPLICATION OF ) THE MCHENRY TOWNSHIP FIRE PROTECTION ) DISTRICT, AN ILLINOIS MUNICIPAL ) Before the City of McHenry, CORPORATION, FOR A CONDITIONAL USE ) Zoning Board of Appeals, PERMIT AND FOR VARIATION OF ) McHenry, Illinois REGULATIONS OF THE ZONING ORDINANCE ) OF THE CITY OF MCHENRY, ILLINOIS ) ORDINANCE NO. 0_87_494 ! AN ORDINANCE OF THE CITY OF McHENRY, ILLINOIS GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS WHEREAS, a written Petition signed by the President and Secretary of the McHenry Township Fire Protection District, an Illinois municipal corporation, has been filed with the City Clerk of the City of McHenry, Illinois requesting the issuance of a conditional use permit and variations as to front yard depth and side yard width requirements under the provisions of the Zoning Ordinance of the City of McHenry, concerning the following described premises: PARCEL 1: Part of Lot 9 in Block 1 in Owen's Out-Lots to McHenry, according to the Plat thereof recorded in the Recorder's Office in Book 59 of Deeds, Page 265; and a part of Lots 2 and 3 of the County Clerk's Plat of the South Half of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded in said Recorder's Office in Book 2 of Plats, Page 38, described as follows: Beginning on the North line of Lot 9 of Owen's Out-Lots, aforesaid, at a point 160 feet West from the Northeast corner thereof; thence West on a continuation of said lot line, 165.4 feet to an intersection with the Easterly meander line of the former Borden Property; thence Southeasterly along the Easterly boundary of said property, being on a line forming an angle of 120 degrees 17 minutes to the left with a prolongation of the last described line, 29.15 feet; thence Southerly along the Easterly boundary of said Borden Property being on a line forming an angle of 29.degrees 55 minutes to the right, with a prolongation of the last described line, 132 feet; thence Easterly on a line forming an angle of 97 degrees 45 minutes to the left with a prolongation of the last described line, a distance of 39.12 feet; thence Southeasterly 5 feet to a point 57.39 feet Northerly (measured at right angles) from the center line of the highway, U.S. No. 31; thence Easterly along the Northerly right of way line of said highway, 34.3 feet to a point 45.3 feet Northerly (measured at right angles from the center line of said highway); thence Northeasterly along the Northerly right of way line of said highway, being on a line forming an angle of 15 degrees, 7 minutes to the left with a prolongation of the last described line, a distance of 53.95 feet; thence Northeasterly on the Northerly right of way line of said highway, being on a line forming an angle of 5 degrees 43 minutes to the left with a prolongation of the last described line, a distance of 24.7 feet; thence Northerly on a line forming an angle of 71 degrees 48 minutes to the left with a prolongation of the last described line, a distance of 137.7 feet to the place of beginning (excepting from said Lots 2 and 3, that part described as follows: Commencing at the NorthWst corner of Lot 9 of Owen's Out-Lots; thence West on a continuation of said lot line, 16.37 feet to a point for a place of beginning; thence West on a continuation of the last described line, 45.03 feet to a point on the Easterly boundary of the former Borden Property; thence Southeasterly along the Easterly boundary of said property being on a line forming an angle of 120 degrees and 17 minutes to the left, with a prolongation of the last described line, 29.15 feet; thence Southerly along the Easterly boundary of said Borden property, being on a line forming an angle of 29 degrees 55 minutes to the right, with a prolongation of the last described line, 132 feet; thence Easterly on a line forming an angle of 97 degrees 45 minutes to the left, with a prolongation of the last described line, 30 feet; thence North 152.8 feet to the place of beginning), in McHenry County, Illinois. ALSO PARCEL 2: Part of Lot 3 of the County Clerk's Plat of the Southwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of a certain tract of land conveyed by Deed Record Book 280, Page 429; thence Easterly, being on a continuation of the Southerly line of said tract of land conveyed as aforesaid, a distance of 9.12 feet to an intersection with the Northerly boundary of the state highway, now known as Routes 31 and 120; thence Westerly along the Northerly boundary of said state highway 9.32 feet, ! more or less, to an intersection with the Easterly line of the aforesaid tract of land, conveyed as aforesaid, extended Southerly; thence Northerly, 0.68 of a foot, more or less, to the place of beginning, in McHenry County, Illinois. ALSO PARCEL 3: Lot 8 (except the East 150.00 feet thereof) in Block 1 in Owen's Out-Lots to McHenry in Section 26, Township 45 North, Range 8 East of the 4 Third Principal Meridian, according to the Plat thereof recorded October 27, 1876 in Book 59 of Deeds, Page 265, in McHenry County, Illinois. ALSO PARCEL 4: A part of Lot 2 of the County Clerk's Plat of the South Half of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded May 6, 1902, as Document No. 14084, in Book 2 of Plats, Page 38, described as follows: Commencing at the Northwest corner of aforesaid Lot 8 and running thence West along an extension of the North line of said lot, 108 feet, more or less, to the edge of the Mill Pond; thence Southerly along the edge of the Mill Pond to a point where the South line of said Lot 8, if extended West, would intersect said edge of the Mill Pond; thence East on a line parallel with the North line of said lot to the Southwest corner thereof; thence North along the West line of said lot, 66 feet, more or less, to the place of beginning (except that part which may fall within the bounds of or West of the East line of Freund Avenue, as designated and shown on the Plat of A.P. Freund's Mill Stream Park Addition, Unit No. 1), in McHenry County, Illinois. ALSO Part of the Southwest Quarter of Section 26, in Township 45 North, Range 8 East of the Third Principal Meridian, also being a part of Lot 3 of the County Clerk's Plat and a part of Lot 9 of "Owen's Out-Lots" in the City of McHenry in McHenry County, Illinois, described as follows: Beginning at the Northeast corner of Lot 9 of "Owen's Out-Lots" aforesaid; thence West on the North line thereof 160 feet; thence South at right angles to said line 137.7 feet to an intersection with the Northerly right of way line of the highway now known as Route 31; thence Northeasterly along the right of way of said highway, 101.72 feet to a point of curvature; thence Northerly along the right of way line of said highway, being on a curved line to the left (with a radius of 92.3 feet) for a distance of 115.7 feet to a point of tangency; thence North in a straight line 18.1 feet to the place of beginning, in McHenry County, Illinois. and, WHEREAS, Petitioner, the McHenry Township Fire Protection District, is the owner of the above described premises, and, WHEREAS, Petitioner, McHenry Township Fire Protection District, is requesting the issuance of a conditional use permit to construct a fire station house with offices and is also requesting a variation from the C-5 classification permitting a minimum front yard depth of not less than one foot on the west front yard facing Freund Avenue; a minimum front yard depth of not less than twenty feet on the south front yard facing Elm Street; and a minimum north side yard width of seventeen feet, and, WHEREAS, a hearing was held before the City of McHenry Zoning Board of Appeals on the 29th day of June, 1987, at which time the said Zoning Board of Appeals did take evidence and view exhibits presented thereat by the Petitioner, and, d � WHEREAS, based on the evidence heard, the Zoning Board of Appeals found, and the City Council hereby concurs with said finding, that it would serve the interest of the City if a conditional use permit was granted for the construction of a fire house station with offices because: a) Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. b) 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. c) The proposed use will fit harmoniously with the existing natural or man-made character of its surrounding, 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. , d) 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 general disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. e) 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. f) The proposed use is in harmony with any other elements of compatibility pertinent in the judgment of the Council to the particular Conditional Use or its particular location, and, WHEREAS, based on the evidence heard, the Zoning Board of Appeals found, and the City Council hereby concurs with said findings, that it would serve the interest of the City if front yard and side yard variations were granted because: a) special circumstances exist that are peculiar to the property that do not apply generally to other properties in this zoning district. And these circumstances are not of so general or recurrent nature as to make it reasonably practical to provide a general regulation to cover them; N, b) The special circumstances referenced herein relate to the physical character of the building and the dimensions of the land. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, nor to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property; c) The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property; d) The strict application of the provisions of this Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience; e) A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district; f) The grant of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property; g) The granting of the variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity; h) The granting of a variance will be in harmony with the general purpose and intent of this Ordiance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption; i) The variance, if recommended by the Board of Appeals and approved by the City Council, is the minimum required to provide the applicant with reasonable use and enjoyment of his property. I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. That a conditional use permit be granted and issued for the construction and use of a fire house n station with offices to the property legally described above , in the City of McHenry, Illinois. SECTION 2. That variations are granted to the property legally described above in the City of McHenry, Illinois to permit and establish a west front yard depth of not less than one foot for the fire apparatus station with the office wing of said building to have a west depth of not less than 18 feet; a south front yard depth of not less than 20 feet; 4 and a north side yard width of not less than 17 feet for the structure to be built on the premises described above. SECTION 3. That prior to its occupancy of the aforesaid fire station house and offices, the McHenry Township Fire Protection District shall install a 4 foot wide sidewalk pursuant to City specifications , at the sole cost and expense of the District, along the Westerly boundary of the above described premises with at least 1 foot of said sidewalk's 4 foot width being located on the District's premises. SECTION 4. This Ordinance shall be in full force and effect from and after the passage, approval and publication as provided by law. PASSED this 6thday of July , ,1987. AYES: Bolger. I ieder, Mr .lat hPy. Patterson BijssP NAYS: Nolan, Serritella. Teta ABSTAINED: None ABSENT: Smith NOT VOTING: None APPROVED this 6th day of July , 1987. MAY R ATTEST: �C ro CITY CLERK FORM A File Number Z-771 PUBLIC HEARING APPLICATION Construction and Planning and Zoning Commission Neighborhood services City of McHenry JUN 2 9 2011 333 South Green Street o McHenry.IL 60050 o Tel: (815)363-2170°Fax:(815)363-21.73City Of McHenry 1. Name of Applicant: McHENRY TOWNSHIP FIRE PROTECTION DISTRICT Address: 3610 W. Elm Street McHenry IL 60050 Tel 815-385-0075 2. Name of Property Owner Tel (If other than Applicant) Address Fax 3_ Name of Architect/Engineer Kenneth M. Schaefer Architect Tel 815-344-5151 (If represented) Address 4903 Brorson Lane,Johnsburg-IL 60051 Tel 4. Name of Attorney James G. Militello Ill. Zanck. Coen&Wright P-C. Tel 815-459-8800 (If represented) Address 40 Brink Street, Crystal Lake,IL 60014 Fax(815)459-8429 5. Common Address or Location of Property: 3610 W. Elm Street, 1301 & 1303 N. Richmond Road, all located in McHenry, Illinois 60050 6. Requested Action(s)(check all that apply) X Zoning Map Amendment(Rezoning) Zoning Variance-Minor X Conditional Use Permit Zoning Text Amendment X 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 McHenry Township Fire Protection Distract is proposing to add on to their existing Fire Station fl by proposing an administrative addition and expansion. This facility will be designed to support the existing and mowing, staff equipment and needs of the District. See attached Narrative Description of Request. FORM A Page I of 3 7. Current Use of Property: Existing Fire Station 41 — Public Use Residential Apartments. Office, and Vacant 8. Current Zoning Classification of Property, Including Variances or Conditional Uses The Premises are currently zoned as"Residential RS-4. RM-2 and C-5" 9. Current Zoning Classification and Land Use of Adjoining Properties North: RS-4/RM-2 Single Family and Multi Family South: CS Vacant Building East: C4 Gas Station and Offices West: RS-4/C-5 Single Family and Retail 10. Required Attachments (check a]I items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee(amount) $ X 2. Narrative Description of Request X 3. FORM A—Public Hearing Application X 4. FORM B—Zoning Map Amendment(Rezoning)Application X 5_ FORM C—Conditional Use Application X 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 X 11. Sign(Provided by the City,to be posted by the Applicant) X 12. Site Plan X 13. Landscape Plan X 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. Signature of Applicant(s) Print Name and Designation of Applicant(s) MC Y OWNS F TECTION DISTRICT Bv: FORvI A Page 3 of 3 File Number: Z-771 Narrative Description of Request - The McHenry Township Fire Protection Districts ("District") is proposing an expansion of Station #l, with an administrative addition approximately 4,718 ± square foot with a 789± square foot link between the existing fire station#1 and the addition. The Property consists of approximately 2.15 acres,more or less, and is located at 3610 W. Elm Street, i301 & 1303 N. Richmond Road, all located in the City of McHenry, McHenry County, Illinois_ The expansion is designed to support the office needs, and such future growth of the District. The facility will continue to be the Main Station, Station#1 with living quarters and will continue to house fire/ambulance equipment, and supplies. The District is seeking a Zoning Map Amendment from RS-4 on Parcel 1 (Part of 09-26- 331-023) and Parcel 5 (09-26-331-006) to C-5; and from RM-2 on Parcel 7 (09-26-331- 017)to C-5; to allow the expansion of a Public Use. In accordance with the City of McHenry Zoning Ordinance, the District requests an amendment to the existing ordinance 0-87-424 for expansion of a Conditional Use Permit to allow the expansion of a Public Use, as described, on the property. Also requested, are various variances: Request variances to permit the construction of an additional driveway and to exceed the driveway dimensional requirement maximums. i Request variances from the landscape & screening requirements regarding parking lot landscaping,residential landscaping, buffer, screening& foundation landscape requirements. • Request variances from front yard and comer side yard setback requirements. • Request variances for parking to account for the future build out of the expansion for office, administrative, and other such uses, and request variances from the wheel guard and curbing requirements adjacent to such pedestrian areas. • Request variances from loading space requirements. • Request any and other variances requests as may be deemed necessary and proper for the intended uses. FORM C File Number. Z-771 CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street 0 McHenry,IL 60050 o 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 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. Any adverse impact of types or volumes of traffic flow shall not be any different than those typical in other C5 zoning and other multifamily zoned areas in the City of McHenry currently protected by the McHenry Township Fire Protection District and/or by this type of Public Use facility. 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. No 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 shall occur with this Public Use facility. 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. This Public Use facility expansion will be designed in a manner to not have an 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. 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. This Public Use facility will not require a disproportionate degree of existing community facilities or serves other than what would be normally expected of permitted uses in the distract nor generate a FORM C Page 1 of 2 disproportionate demand for new services or facilities, in such a way as to place an undue burden 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, patrons, or visitors associated with the use nor of the general public in the vicinity_ This Public Use facility will in no way be detrimental to the Public Safety or Health of 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. It is the District's intent and goal to provide this expansion of a Public Use facility in this particular location in a manner that is in harmony with all other elements of compatibility pertinent to the Conditional Use. FORM C Page 2 of 2 FORM D File Number Z-771 ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street c McHenry,IL 60050 °Tel: (815)363-2170 o Fax: (815)363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do F.iot apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. The intended use for the property is the expansion of Station #1 for the McHenry Township Fire Protection District. This use should be considered unique to this specific zoning district and of special circumstance particular to this property. These circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to cant' on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. The variances requested are specific to the intended use of this property for a fire station expansion and are considered required to allow for the proper and safe use of this building for this function by the Fire District staff. In addition, it should be understood that the District's intent is to maintain this properly as currently proposed from here on out to protect the public safety or welfare. 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. The special circumstances that are the basis for the variances have not resulted from any act of the applicant or of any other party with interest in the property. FORM D Page I of 2 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant,not just a mere inconvenience,based on the intended use of the property. 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. Although the variances can be considered a special privilege ordinarily denied to other properties in the district, it should be taken into consideration that the intended use is unique to the zoning district as it is for a Public Use that will maintain the public safety and welfare of the vicinity. 6. Necessary for Use of Property The granting of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. The granting of the variances are necessary because without the variances the applicant will be deprived of necessary development that would allow for the proper and safe function of the proposed expansion of the fire station. 7. Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality,property values, or public safety or welfare in the vicinity. It is the applicant's intent to continue to provide this facility in this particular location in a manner that is harmonious to the essential character of the area without substantial impairment to the environmental quality or the property values. It should be considered that this facility might even positively affect the property values and will most definitely impact the public safety and welfare. 8. Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will.be ui harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. The granting of the variances should be considered to be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes or conditions since their adoption, and in consistency with other similar facilities in the City. 4. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. The variances requested are the minimum required to provide the applicant with reasonable use of the property for its intended use. FORM D Page 2 of 2 AFFIDAVIT OF OWNERSHIP AND CONSENT TO ON-SITE INSPECTION Your Petitioner(s), McHenry Township Fire Protection District, respectfully represent to the Planning& Zoning Board of the City of McHenry as follows: That McHenry Township Fire Protection District, are the owners of record of the real estate which is the subject of this petition and more commonly known as 3601 W. Elm Street, 1301 & 1303 N. Richmond Road, McHenry, IL 60050, That the Petitioners are requesting a Zoning Map Amendment, Conditional Use and Variance for the subject property. That the Petitioners of the described real estate do hereby freely and voluntarily consent to inspection of the site of the parcel in question for purposes of determining the appropriateness of the pending proposed zoning petition and hereby release such persons from any liability based in whole or in part on the inspection of the parcel in question. SUBSCRIBED and SW RN to before me this ��day of 200 �9 W'�J 'A �R iv�J4!�X_ NOTARY PUBLIC OFFICIAL SEAL LAUREN M. BURKE NOTARY PUBLIC,STATE OF►WNOIS MY COMMISSION EXPIRES 1-4-2015 STATE OF ILLINOIS ) } SS: COUNTY OF McHENRY ) BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MCHENRY, ILLINOIS IN THE MATTER OF THE PETITION OF ) THE McHENRY TOWNSHIP FIRE ) PROTECTION DISTRICT, PROPERTY ) OWNER, FOR A ZONING MAP ) AMENDMENT AND AMENDMENT TO ) EXISTING ORDINANCE 0-87-424 FOR ) No. Z-771 EXPANSION OF A CONDITIONAL USE AND ) ADDITIONAL VARIANCES TO ALLOW } FOR THE EXPANSION TO THE EXISTING } FIRE STATION 41, 1N ACCORDANCE ) WITH THE ZONING ORDINANCE OF ) THE CITY OF McHENRY, ILLINOIS. } AFFIDAVIT OF COMPLIANCE 1, JAMES G. MILITELLO III, an attorney with the law firm of ZANCK , COEN & WRIGHT, P.C., attorneys for Petitioners, being first duly sworn upon oath, in accordance with the provisions of the City of McHenry Zoning Ordinance, hereby represent the following: 1. That Petitioners have complied with all notice requirements with regard to the aforesaid Petition including sign display on the subject property, written notification to adjoining property owners and legal notice publication in the Northwest Herald. 2. That attached hereto and made a part hereof as Exhibit "A" is an Affidavit of Posting executed by James G. Militello III indicating posting of the property with the appropriate zoning sign. 3. That attached hereto and made a part hereof as Exhibit "B" is a copy of the written notice sent to adjoining property owners on June 21, 2011 by certified mail and deposited in the U.S. Post Office at 5.-00 p.m. on said date. 4. That attached hereto and made a part hereof as Exhibit "C" is the list of names and addresses of all owners of record of property abutting the subject parcel. 5. That attached hereto and made a part hereof as Group Exhibit D" are the signatures of adjoining property owners on postal return receipts. 6. That attached hereto and made a part hereof as Exhibit -E" is the Publisher's Certification from the Northwest Herald indicating publication of the legal notice on June 22, 2011. ZANCK, COEN & W C. By: am G. Militello III Attorneys for Petitioner SUBSCRIBED AND. SWORN to before me this day of 2011. Notary Public OFFICIAL SEAL LAUREN M. BURKE NOTARY PUBLIC,STATt OF IWNOIS MY COMMISSION EXPIRES 1-4-2015 STATE OF ILLINOIS ) COUNTY OF McHENrRY ) SS: CITY OF McHENRY ) BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MCHENRY, ILLINOIS IN THE MATTER OF THE PETITION OF ) THE McHENRY TOWNSHIP FIRE ) PROTECTION DISTRICT, PROPERTY ) OWNER, FOR A ZONING " ) AMENDMENT AND AMENDMENT TO ) EXISTING ORDINANCE 0-87-424 FOR } No. Z-771 EXPANSION OF A CONDITIONAL USE AND ) ADDITIONAL VARIANCES TO ALLOW ) FOR THE EXPANSION TO THE EXISTING } FIRE STATION 41, IN ACCORDANCE ) WITH THE ZONING ORDINANCE OF } THE CITY OF McHENRY, ILLINOIS. ) AFFIDAVIT OF POSTING JABS G. MILITELLO III, being first duly sworn upon oath deposes and says as follows: That he is one of the attorneys for the Petitioner in the aforesaid matter,scheduled to be heard by the City of McHenry Planning and Zoning Commission on July 7, 2011 at 7:30 p.m. That he has complied with the posting requirements of the City of McHenry Zoning Ordinance by placing the customary zoning poster on principal road frontage of the parcels in question; Location of Posting: 1301 N. Richmond Road,McHenry, Illinois 1303 N. Richmond Road,McHenry, Illinois 3610 W. Elm Street, McHenry, Illinois Parcel#5 on Freund Street, McHenry Illinois That said posting was accomplished on June 22,2011., at 1:15 p. m_ That one poster was placed at each of the above described locations_ EXHIBIT 0 a s FURTHER AFFIANT SAYETH NA5as lii]F' II SUBSCRIBED AND SWORN to before me thi.�G�ay of 2011 Notary Public OFFICIAL SEAL 1.AUREN . BURKE NOTARY PUBLIC.STATE OF IWNM w CONWISMN EXPIRES 1.4-2015 STATE OF ILLINOIS ) ) SS: COUNTY OF McHENRY } BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MCHENRY, ILLINOIS IN THE MATTER OF THE PETITION OF ) THE McHENRY TOWNSHIP FIRE ) PROTECTION DISTRICT, PROPERTY ) OWNER, FOR A ZONING MAP ) AMENDMENT AND AMENDMENT TO } EXISTING ORDINANCE 0-87-424 FOR ) No. Z-771 EXPANSION OF A CONDITIONAL USE AND ) ADDITIONAL VARIANCES TO ALLOW } FOR THE EXPANSION TO THE EXISTING ) FIRE STATION#1, IN ACCORDANCE ) WITH THE ZONING ORDINANCE OF ) THE CITY OF McHENRY, ILLINOIS. ) NOTICE Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 7:30 P.M. on July 7, 2011 to consider the application of the McHenry Township Fire Protection District for the following requests in accordance with the City of McHenry Zoning Ordinance: Request a Zoning Map Amendment from RS-4 on Parcel 1 (Part of 09-26-331- 023) and Parcel 5 (09-26-331-006) to C-5; and from RM-2 on Parcel 7 (09-26- 331-017) to C-5; to allow the expansion of a Public Use. • Request an Amendment to an. existing Conditional Use Permit 0-87-424 to allow the expansion development of a Public Use on Parcels, 1, 2, 3, 4, 5; 6 & 7. • Request variances to permit the construction of an additional driveway and to exceed the driveway dimensional requirement maximums. • Request variances from the landscape & screening requirements regarding parking lot landscaping, residential landscaping;buffer, screening& foundation landscape requirements. Request variances from front yard and corner side yard setback requirements. EXHIBIT s 2 • Request variances for parking to account for the future build out of the expansion for office, administrative, and other such uses, and request variances from the wheel guard and curbing requirements adjacent to such pedestrian areas. • Request variances from loading space requirements_ • Request any and other variances requests as may be deemed necessary and proper for the intended uses. The Premises consists of approximately 2.15 acres, more or less, and is located at 3610 W. Elm Street, 1301 & 1303 N. Riclunond Road, all located in the City of McHenry, McHenry County, Illinois and is legally described as follows: See attached Exhibit"A" Property Index Number of the Premises: 09-26-331-006; 09-26-331-0I7; 09-26- 331-018; and 09-26-331-023. The Premises are currently zoned "Commercial- Highway/Commercial C-5" (Parcel 2,3,4,6); "Residential- High Density Single Family- RS-4" (Parcel 5); "High Density Multi-Family Residential RM-2" (Parcel 7); and Parcel 1 is RS-4 and a portion is C-5. A copy of the Application is on file and may be examined during regular business hours in the City Clerk's Office at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, (815) 363-2100. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois. /s/Neal Schepler Chairman, Planning and Zoning Commission EXHIBIT "A" Legal Description: Parcel 1: Lot 8 (Except the East 150.00 feet thereof) in Block 1 in Owen's Out-Lots to McHenry in Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded October 27, 1876 in Book 59 of Deeds, page 265, in McHenry County, Illinois_ ALSO A part of Lot 2 of the County Clerk's Plat of the South Half of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded May 6, 1902, as Document No. 14084, in Book 2 of Plats, page 38, described as follows: Commencing at the Northwest Corner of aforesaid Lot 8 and running thence West along an extension of the North line of said Lot, a distance of 108 feet, more or less, to the edge of the Mill Pond; thence Southerly along the edge of the Mill Pond to a point where the South line of said Lot 8, if extended West, would intersect said edge of the Mill Pond; thence East on a line parallel with the North line of said Lot to the Southwest Corner thereof; thence North along the West line of said Lot, a distance of 66 feet, more or less, to the place of beginning (Except that part which may fall within the bounds of or West of the East line of Freund Avenue, as designated and shown on the Plat of A.P. Freund's Mill Stream Park Addition, Unit No. 1), in McHenry County, Illinois. Parcel 2: Part of Lot 9 of Owen's Out-Lots, McHenry, ALSO Part of Lots 2 and 3 of the County Clerk's Plat of the South Half of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian in the City of McHenry in County of McHenry, Illinois, described as follows: Beginning on the North line of Lot 9 of Owen's Out-Lots , aforesaid at a point a distance of 160 feet West from the the northeast Corner thereof; thence West on a continuation of said Lot line, a distance of 165.4 feet to an intersection with the Easterly meander line of the former Borden Property; thence Southeasterly along the Easterly boundary of said Property, being on a line forming an angle of 120 degrees and 17 minutes to the left, with a prolongation of the last described line, a distance of 29.15 feet; thence Southerly along the Easterly boundary of said Borden Property, being on a line forming an angle of 29 degrees and 55 minutes to the right , with a prolongation of the last described line, a distance of 132 feet; thence Easterly on a line forming an angle of 97 degrees and 45 minutes to the left , with a prolongation of the last described line, a distance of 39.12 feet; thence Southeasterly a distance of 4 feet to a point 57.39 feet Northerly (measured at right angles) from the centerline of the Highway U.S. No. 31; thence Easterly along the Northerly right of way line of said Highway, a distance of 34.3 feet to a point 45.3 feet Northerly (measured at right angles from the centerline of said Highway); thence Northeasterly along the Northerly right of way of said Highway, being on a line forming an angle of 15 degrees and 07 minutes to the left, with a prolongation of the last described line, a distance of 53.95 feet; thence Northeasterly on the Northerly right of way line of said Highway, being on a line forming an angle of 05 degrees and 43 minutes to the left, with the prolongation of the last described line, a distance of 24.7 feet; thence Northerly on a line forming an angle of 71 degrees and 48 minutes to the left, with a prolongation of the last described line, a distance of 137.7 feet to the place of beginning. EXCEPTING: Part of Lots 2 and 3 of the County Clerk's Plat of the South Half of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian in the City of McHenry, County of McHenry and State of Illinois, described as follows: Commencing at the Northwest Corner of Lot 9 of Owen's Out-Lots; thence West on a continuation of the said Lot line, a distance of 16.37 feet to a point for a place of beginning, thence West on a continuation of the last described line, a distance of 45.03 feet to a point on the Easterly boundary of the former Borden Property; thence Southeasterly along the Easterly boundary of said property, being on a line forming an angle of 120 degrees and 17 minutes to the left, with a prolongation of the last described line, a distance of 29.15 feet; thence Southerly along the Easterly boundary of said Borden property, being on a line forming an angle of 29 degrees and 55 minutes to the right, with a prolongation of the last described line, a distance of 132 feet; thence Easterly on a line forming an angle of 97 degrees and 45 minutes to the left, with a prolongation of the last described line, a distance of 30 feet; thence North a distance of 152.8 feet to the place of beginning, all in the County of McHenry, in the State of Illinois_ Parcel 3: Part of Lot Three (3) of the County Clerk's Plat of the Southwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, in the City of McHenry, County of McHenry and State of Illinois, described as follows: Commencing at the Southeast Corner of a certain tract of land conveyed by McHenry Fire Protection District to Anton P. Freund by Quit Claim Deed dated February 14, 1946 and recorded in the Recorders_Office of County and State aforesaid in Book 280 of Deeds, page 429; thence Easterly being on a continuation of the Southerly line of of said Tract of land conveyed as aforesaid, a distance of 9.12 feet to an intersection with the Northerly boundary of the State Highway, now known as Routes 31 and 120; thence Westerly along the Northern boundary of said State Highway, a distance of 9.32 feet more or less to an intersection with the Easterly line of the aforesaid Tract of land conveyed as aforesaid, extended Southerly; thence Northerly, a distance of 0.68 of a foot more or less to the place of beginning. Parcel 4: Part of the Southwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, also being a part of Lot 3 of the County Clerk's Plat and part of Lot 9 of Owen's Out-Lots in the City of McHenry in McHenry County, Illinois, described as follows: Beginning at the Northeast Corner of Lot 9 of Owen's Out-Lots aforesaid; thence West on the North line of thereof, a distance of 160 feet; thence South at right angles to said line, a distance of 137.7 feet to an intersection with the Northerly right-of-way line of the Highway now know as Route 31; thence Northeasterly along the right-of-way line of said Highway, a distance of 101.72 feet to a point of curvature; thence Northerly along the right-of-way line of said Highway, being a curved line to the left (with a radius of 92.3 feet) for a distance of 115.7 feet t a point of tangency; thence North in a straight line, a distance of 18.1 feet to the place of beginning. Parcel 5: Part of Lot 1 of the County Clerk's Plat of the Southwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows. Beginning at the Northwest Corner of Lot 6 of Owen's Out-Lots according to the Plat thereof recorded October 27, 1876 in Book 59 of Deeds, page 265 and running thence West to the Easterly line of Lot 5 of said County Clerk's Plat; thence South 27 degrees East to a point due West of the Northwest Corner of Lot 8 of said Owen's Out-Lots,- thence East a distance of 108 fleet to the Northwest Corner of said Lot 8; thence North along the West line of of Lots 7 and 6 of said Owen's Out-Lots, a distance of 132 feet to the place of beginning, said County Clerk's Plat being recorded May 6, 1902 as Document No, 14084 in Book 2 of Plats, page 38, in McHenry County, Illinois. Parcel 6: The East 150.00 feet of Lot 8 in Block 1 in Owen's Out-Lots to McHenry, a Subdivision of part of the Southwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded October 27, 1876 in Book 59 of Deeds, Page 265, in McHenry County, Illinois. Parcel 7: Lot 7 in Block 1 in Owen's Out-Lots to McHenry, a Subdivision of part of the Southwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded October 27, 1876 in Book 59 of Deeds, Page 265, in McHenry County, Illinois. OVERALL Boundary Consolidation Legal Description: Lots 7, 8 and 9 in Block 1 in Owen's Out-Lots to McHenry, a Subdivision of part of the Southwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded October 27, 1876 in Book 59 of Deeds, Page 265, in McHenry County, Illinois. ALSO Parts of Lots 2 and 3 of the County Clerk's Plat of the South Half of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded May 6, 1902, as Document No. 14084, in Book 2 of Plats, page 38, generally lying North of Illinois Route 120 (Elm Street) and East of Freund Avenue, in the City of McHenry, McHenry County, Illinois, more particularly described as follows:. Beginning at the Northeast Corner of Lot 7 n Block 1 in Owen's Out-Lots to McHenry, a Subdivision of part of the Southwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded October 27, 1876 in Book 59 of Deeds, Page 265; thence South 00 degrees 09 minutes 38 seconds East (basis of bearing is Illinois State Plane coordinate System (NAD 83- 97 Rev), East Zone) along the West right-of-way line of Illinois Route 31 (Richmond Road), a distance of 150.05 feet; thence Southwesterly along a curve, said curve being along the Northwesterly right-of-way Illinois Route 31 (Richmond Road) and Illinois Route 120 (Elm Street) a distance of 115.89 feet along a tangent curve to the right, having a radius of 92.30 feet, the chord of said curve bears South 35 degrees 48 minutes 30 seconds West, with a chord distance of 108.42 feet; thence South 71 degrees 46 minutes 38 seconds West along the Northerly right-of-way of Illinois Route 120 (Elm Street), a distance of 126.36 feet; thence South 77 degrees 29 minutes 38 seconds West along the Northerly right-of-way of Illinois Route 120 (Elm Street), a distance of 53.95 feet; thence North 87 degrees 23 minutes 22 seconds West along the Northerly right-of-way of Illinois Route 120 (Elm Street), a distance of 34.30 feet; thence North 78 degrees 45 minutes 31 seconds West along the Northerly right-of-way of Illinois Route 120 (Elm Street), a distance of 9.98 feet; thence North 00 degrees 05 minutes 24 seconds West, a distance of 153.61 feet; thence South 89 degrees 59 minutes 25 seconds West, a distance of 45.03 feet; thence North 30 degrees 17 minutes 35 seconds West, a distance of 170.65 feet; thence North 28 degrees 09 minutes 35 seconds West, a distance of 57.43 feet; thence North 89 degrees 59 minutes 25 seconds East along the North line of Lot 6 in said Owen's Out-Lots extended Westerly, a distance of 174.03 feet; thence South 00 degrees 09 minutes 38 seconds East along the West line of said Lot 6, a distance of 66.00 feet; thence North 89 degrees 59 minutes 25 seconds East along the North line of Lot 7 in said Owen's Out-Lots, a distance of 264.00 feet to the place of beginning, all in McHenry County, Illinois. ADJOINING PROPERTY OWNERS PIQ: 09-26-331-006 09-26-331-017 09-26-331-018 09-26-331-023 McHenry Township Fire Protection District See attached List EXHIBIT Ce 09-26-329-029 PAMELLA GOUGH 3615 FREUND AVE MCHENRY, IL 60050 09-26-329-032 3622 ELM ST INC 4508 WILLOW LN MCHENRY, IL 60050 09-26-329-033 3622 ELM ST INC 4508 WILLOW LN MCHENRY, IL 60050 09-26-329-037 GARY A MARCELENE M GOUGH 3615 FREUND AVE MCHENRY, IL 60050 09-26-331-004 MAURICE V GERALDINE T FOLEY 3616 W FREUND AVE MCHENRY, IL 60050 09-26-331-005 RAYMOND/KATHLEEN ANN WALSH 8312 RED BARK LN CARY, IL 60013 09-26-331-008 MCHENRY CITY OF 333 S GREEN ST MCHENRY, IL 60050 09-26-331-014 JEFFREY S SUSAN L FRANK 1311 N RICHMOND RD MCHENRY, IL 60050 09-26-331-015 RAYMOND/KATHLEEN ANN WALSH 8312 RED BARK LN CARY, IL 60013 09-26-331-016 JR REAL EST INC 701 CIMARRON DR CARY, IL 600133 09-26-378-002 CHGO CSMPLTN NATL BANK, C/O JAXON INVESTMENT L'5.40 FRONTAGE RD STE 3245 NORTHFIELD, IL 60093 09-26-378-003 CHGO CSMPLTN NATL BANK 540 FRONTAGE RD STE 3245 NORTHFIELD, IL 60093 09-26-378-005 LORRAINE KELLY 3519 W ELM ST MCHENRY, IL 60050 09-26-378-006 CHGO CSMPLTN NATL BANK 540 FRONTAGE RD STE 3245 NORTHFIELD, IL 60093 09-26-378-007 LORRAINE KELLY 3519 W ELM ST MCHENRY, IL 60050 09-26-378-009 MCHENRY SVGS BANK 1209 N GREEN ST MCHENRY, IL 60050 09-26-380-002 RJP PROP FAM PARTNERSHIP 7001 W HIGGINS AVE CHICAGO, IL 60656 09-26-408-005 BRUCE E LINDA M KOEPKE 3522 W ELM ST MCHENRY, IL 60050 09-26-408-015 BRUCE E LINDA M KOEPKE 3522 W ELM ST MCHENRY, IL 60050 09-26-408-019 BRUCE E LINDA M KOEPKE 3522 W ELM ST MCHENRY, IL 60050 09-26-408-026 MCHENRY STATE BANK ONE PIERCE PL, STE 1500 P 0 BOX 4169 ITASCA, IL 60143 09-26-408-027 MCHENRY STATE BANK, ATTN ACCTS PAYABLE MGR PO BOX 4169 ITASCA, IL 60143 09-26-408-028 DARRELL MARILYN T LITTLE 330 W VIRGINIA ST CRYSTAL LAKE, IL 60014 09-26-454-001 LORRAINE KELLY 3S19 W ELM ST MCHENRY, IL 60050 INTERESTED GOVERNMENT BODIES City of McHenry School District 15 333 S. Green St. McHenry Community McHenry, IL 60050 Consolidated Schools Administrative Office 1011 N. Green St. McHenry; IL 60050 School District 156 Donna A. Schaefer McHenry Community McHenry Township Supervisor High Schools 3703 N. Richmond Rd. Administrative Office McHenry, IL 60050 4716 W. Crystal Lake Rd. McHenry, IL 60050 Leon Van Every School District 528 McHenry Township McHenry County College Highway Commissioner Administrative Office 3703 N. Richmond Rd. 8900 U.S. Highway 14 McHenry, IL 60050 Crystal Lake, IL 60012 McHenry Public McHenry County Library District Conservation District 809 N. Front St. 1212 N. Seminary Ave. McHenry, IL 60050-5578 Woodstock, IL 60098 PUBLIC NOTICE STATE OF ILLINOIS ) COUNTY OF MCHENRY) BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MCHENRY,ILLINOIS m IN THE MATTER OF THE-PETITION OF THE.MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT, PROPERTY OWNER, FOR A ZONING MAP AMENDMENT'AND AMENDMENT TO EXISTING ORDINANCE 0=87-424 FOR EX-. PANSION OF A CONDITIONAL USE AND ADDITIONAL VARIANCES TO ALLOW FOR THE.EXPANSION TO THE EX- X ISTING FIRE STATION III,IN ACCORDANCE WITH THE TONING ORDINANCE OF THE CITY OF McHENRY,iLLI- W NOIS. I, John Rung, do hereby No.Z-771 NOTICE .sNgOOJ certify that I am the:publisher of the Northwest Herald, Nonce is hereby given that IheAily of McHenry Planning and Zonlnp commission hold a Publlc.heoring at the McHenry Municipal Center,333 South Geeh.5lreel,McHenry,Illinois 60050,al 7:30 P.M.on Jury 7, a dell secular newspaper of general circulation within the county(s) of Mct lend 2011 Io corislder the oaphcollon of the.McHe.nry,Township Fire Protection District for the Iollowing requests In yg accordance with the City of McHenry Zoning ordinance: 'Request a Zoning Mop Amandmonl from RS-4 on Parcel I (Pori of 09-26-331-023)and Parcel 5"(09-26- and Kane, regularly published in the city of Crystal Lake 331-006)to C-5;and Iron RM-2 on Parcel 7 (09-26-331-017)to C•5; to allow the expansion of a Public y Use. in the county of McHenry and state of Illinois, and which has been so published merH equest an Amendm Use on mental n 2I3n4,5cond 6t&jtional Use Permll 0-87-424 to allow the expansion develop- at a Request variances 10 permit the construction of an additional driveway and to exceed the driveway dlmen- for more than 12 months prior to the.first publication of hereunto annexed notice or sionol requirement maximums.. 1 qq advertisement relating to the matter of flat andscasl Valliant;as from the opingbuffer,screening h foundation screening landsccape requi emenents sording parking lot londscoping,redden MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT/Z-771 'RequestVariancesfromlronlyoidandcornersideyardsetbackequirements. 'Requesl variances for parking to,account lot the.fulure build out of the expansion for office,odminslralfve, was published in said newspaper 1 time being 1 day and other such uses,and request valances from the wheel guard and curbing requirements odlocenl to such pedoshtan areas. beginning June 22, 2011 'Request variances from loading space requliemenls. Request any and other variances requests as may be deemed necessary and proper lot the Intended uses. and ending June 22, 2011 The Premises consists bi approximately 2.15 acres,more of less,and Is located at 3610 W.Elm Slreel;1301 1 A 1303 N. Richmond Road, all located In the CRY.Of McHenry, McHenry County, Illinois and.ls legally de- which were the dates of first and last insertions. scrlbodaslouows: EXHIBIT"A" I further certify that said newspaper is a newspaper as defined by the terms and conditi leparcces1:ption:Lot B(Except the East 150;001eel.lhereol)In Block 1 in Owen's Oul loll to McHenry In Section 26, l Townshlpp 45 North, Range B East of the Third Principal Meddfan,according to the Plat thereof recorded Oclo- ber 27,)876 In Book 59 of Deeds,po¢o 265,in McHenry County,Illinois.ALSO Chapter 100, paragraph 1 et. Seq., Illinois Revised Statutes 1981. A oil of Lot 2 of the County Clerk's Plat of the South Half of Section 26,Township 45 Nodh;Range 8 East of Ina ThircigIrincipol Meridian,according to the Plat thereof recorded MayY6, 1902,as Docurnenl,Na. 14084,In Given under m hand at Crystal Lake, I Book 2 d1 Pldis,page 38,described as f the Commencing at the Notance Corner of frioreolf lot 8 aloe y Y running thence West along an epenslon of the North line of said Lot,a disionce,of l 0f3 tool,.glare or less,to the edge of Iho MITI Pond;thence Southeily along the edge or the MITI Pond to a point where the Southllne of said Lot 6,II el landed Wesl,would Intersect sold edge of the Milt Pond;thence Easl on a line parallel with the North June 22, Ilne'ol sold Lot to the Soulhwesl Corner Ihe(eol;thence Nodh along the West line of soid.Lol,.o distance of 66 tool,more or less,to the place al beginning,(Except Ihal pan which may fall within the bounds-of of West 61 the East line of Freund Avenue,as designated and shown on the Plat of A.P.Freund's MITI Slreum.Park Addition, Unit N0,1),In McHenry County,Illinois. Porcel 2;Pad OI Lot-9 of Owen's Oul-Lots,McHenry,ALSO Pad.ot Lois 2 and 3 01 Ihe.Counly.Clerk's Plat of / the South Hatt of Section 26,Township 45 Nodh,Range 8 East of.the Third Pflncipdf Meridian In the City of ACCOUNT#10223 L— —1 McHenry b)County of McHenry,Illinois,dwrlbed.as follows:Beginning an'Ihe North Ilne or Lot 9 at Owen's Oul-Lols.,afore sold of a point o'disonce of 160 toef West Irom the lhe.norlheasl Comer Ihereol;thence West an a conlinuallonat sold Lot line,a distance of••165.4 leel,lo er ibound boundary f saithid. the Easterly meander Ilan of the former Borden Property;thence Soulheoslerly along the Eosierly boundary of sold.Ptoperry;:oeing on aline loFm AMOUNT $731.50 trig an angle.of 120 degrees and 17 minutes to the tell,with a prolongation of the last described line,a distance of 29.151eel;thence Southerly along the Easterly boundary-of sold Borden Ptopeny,being on a line loaning on angle of 29 degrees and 55 minutes to the right,wllh a prolongation of the last described;llne,.a distance of 132 feel;thence Easterly on a Ili loaning an angfe'.ol 97 degrees and 45 minutes to Ihe.lell,;whh.a prolongs- lion.ol Iho lost described,llne,.a:dislance at 39.12 feet;thence SoUtheasterly a.distance of 4 Isel to o point 57,39 Teel Northerly(measured.at right angles)from the centerline of the HlghwoY U.S.No.31;thence Easterly along.lhe Northerly dghl or way tine of said Highway,-a distance of 34.3 Joel to a point 45.3 feel Nodhedy (mepsured.al right angles Irom the centerllne of sold Highway);thence Norlheoslerly along the Nonherly'tlghl of wrfeosufeday .Highway,being on a line 10iming an angle of 15 degrees and-07 Ininulas'lo the 1e8,with a proton+ Ballon.ol the Iasi described fine,a distance a[63r95 feel;thence Norlheaslarh(:on the Northerly right of way lino Pf;sgldiiighwoy,hotng.on;a line forming on:angle.ol,.OS degrees.and 43 minuleslo Ihe.loa,with Iho protodgo AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: August 15, 2011 Regular City Council Meeting RE: Request for Sign Variances for McHenry Township Fire Protection District ATT: Sign Exhibit Background. McHenry Township Fire Protection District is requesting sign variances to allow a second freestanding sign, an additional 43.3 square feet of freestanding sign area with an electronic message display exceeding 33% of total sign area for Station No. 1 located at 3610 West Elm Street. The district needs to obtain a variance for an additional free standing sign and to permit the area of electronic signage to exceed the percentage allowed by ordinance. The city's sign ordinance permits only one free standing sign. The fire district would like to locate an electronic sign, consisting of approximately 48 square feet, and keep their existing sign, which is about 71 square feet. Our ordinance prohibits electronic message area to exceed 33% of the total sign area. With the proposed new sign, the fire district's electronic message area will be 76% of the total sign area. Analysis. The district currently has a monument sign as depicted on the attached exhibit, which may be relocated in the future following the IDOT intersection Improvements project. The location of the proposed electronic sign is part of the overall redevelopment of the property. The total area of the electronic portion of the sign proposed is approximately 36 square feet and will be installed along North Richmond Road. The location of the sign will be outside of the vision clearance area adjacent to the parking lot at the southeast portion of the property. Electronic signs such as the one proposed are commonly installed on public buildings. Staff has received no complaints about electronic signs and believes they are minimally intrusive. Continuous blinking, interference with traffic signals and intense illumination is prohibited. This type of sign will not be a distraction and will provide public benefit if emergency information is required to be disseminated by the district within a short time period. Recommendation. Approval of the sign variances as presented. 41'-3" M c H E N R Y T O W S H I P F I R E P R O T C T I O N D I S R I C T EXISTING LIMESTONE SIGN (70.5 S.F.) QEXISTING MONUMENT SIGN 1 SCALE: 1/4" = 1'-O" 13'-8" S-4" 10'-4" SIGN AREA SUMMARY INTERNALLY ILLUMINATED SIGN WITH EXISTING SIGN 70.5 S.F. ELECTRONIC MESSAGE CENTER PROPOSED SIGN 47.8 S.F. �i (TOTAL SIGN AREA: 47.8 S.F.) TOTAL 118.3 S.F. (ELECTRONIC MESSAGE CENTER AREA: 36.2 S.F.) TOTAL LOT FRONTAGE 150 L.F. jl!!![.RE-FINISHED METAL 0.5 S.F./V-0"LOT FRONTAGE 75 S.F. STAND-OFFS (0.5 S.F.x 150 L.F.) CAST STONE CAP VARIANCE REQUIRED 43.3 S.F. M BRICK BASE (118.3 S.F.-75.0 S.F.) B PROPOSED ELECTRONIC SIGN 1 SCALE: 1/4" = 1'-O" McHENRY TOWNSHIP FIRE DISTRICT ADMINISTRATION FACILITY w,ARCHITECTS STATION No. 1 -McHENRY,ILLINOIS �23tSWTft MORWNSTftE B,dUITE eB.CNIGW.0.�M015606"T T BSaASM F.312.8— WNNI9Npp91b.FCH—TS.— we 2011-08-02 PROD.No. 11008 1' 1 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: August 15,2011 Regular City Council Meeting RE: First Amendment to Economic Incentive Agreement McHenry Commons Shopping Center ATT: Ordinance approving First Amendment to Economic Incentive Agreement First Amendment to Economic Incentive Agreement w/proposed changes marked Background. On June 6, 2011 the City Council approved an economic incentive agreement with Regency Centers in the form of a sales tax rebate to partially offset the capital investment required to fill the remaining square footage in the former Dominick's building with a Hobby Lobby store. The Council will recall the terms in the approved agreement allow the shopping center owner to receive a maximum rebate of $1 million over a 20-year term. Regency Centers seeks to amend the original economic incentive agreement to address issues that came up through the course of finalizing lease terms with Hobby Lobby. Analysis. The language changes proposed by Regency Centers are highlighted in the attached First Amendment to the Economic Incentive Agreement. The changes in section 4.1 relate to Regency Centers agreeing to have Hobby Lobby complete improvements to the property it is leasing,the former Dominick's grocery store. The changes in Section 4.1 allow Regency to receive reimbursement by way of payment to Hobby Lobby. In the original agreement, Regency could only receive reimbursement for is expenditures for improving the leased premises and the former Dominick's store. The amendment allows Regency to seek reimbursement for payments it makes to Hobby Lobby for completing building improvements. The language changes later in Section 4.1 seek the city to acknowledge that Regency may ask to be reimbursed for less than it expends on the project. * Regency Center representatives explained to staff that they may not seek reimbursement for their own expenses or payments for expenses by Hobby Lobby that are not eligible under the terms of the agreement. The other substantive changes to the agreement are found in sections 10.1 and 10.8. Based on its lease with Hobby Lobby, Regency Center sought the flexibility to not assign the agreement to successors. Finally, for business reasons, the shopping center owner requested to add section 10:8 to clarify its ability to waive the city's payment of the sales tax incentive at a later date. Staff is comfortable with the proposed amendments as they do not substantially alter the substance of the approved agreement and the amendments will not adversely impact the City in any manner. Recommendation. Approval of the attached ordinance authorizing the Mayor's execution of the First Amendment to Economic Incentive Agreement. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO ECONOMIC INCENTIVE AGREEMENT BETWEEN THE CITY OF MCHENRY, AN ILLINOIS MUNICIPAL CORPORATION AND IL-MCHENRY COMMONS SHOPPING CENTER,LLC,A DELEWARE LIMITED LIABILITY COMPANY WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City of McHenry ("CITY") and IL-McHenry Commons Shopping Center, LLC, a Delaware limited liability company ("REGENCY") recognize the importance of employment and municipal revenue generation and economic revitalization; and WHEREAS, the CITY and REGENCY have entered into an agreement whereby the CITY will rebate REGENCY an amount equal to one hundred percent (100%) of the Base Sales Tax received by the CITY from the Illinois Department of Revenue, attributable to the gross sales generated at the Leased Premises, as defined in the Agreement, from and after the Commencement Date, as defined, up to a maximum amount of one million (1,000,000) dollars over a twenty (20) year time period. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The First Amendment to Economic Incentive Agreement McHenry Commons Shopping Center, bearing the date of August 15, 2011, between the CITY and REGENCY be and the same is hereby approved. A complete and accurate copy of said agreement, labeled "First Amendment to Economic Incentive Agreement McHenry Commons Shopping Center" is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor is hereby authorized to affix their signature as Mayor to said Intergovernmental Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. 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 , 2011 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2011 MAYOR ATTEST: CITY CLERK FIRST AMENDMENT TO THE ECONOMIC INCENTIVE AGREEMENT (MCHENRY COMMONS SHOPPING CENTER) THIS ECONOMIC INCENTIVE AGREEMENT (the "Agreement") is entered into as of June 6, 2011 (the "Effective Date"), by and between the CITY OF MCHENRY, an Illinois municipal corporation (the "City") and r_ot__REGEl`=FW IL-MCHENRY COMMONS SHOPPING CENTER, LLC, a Delaware limited liability company ("Regency"). The City and Regency are hereinafter sometimes individually referred to as a "Party" and collectively as the "Parties". RECITALS A. The City is a home rule municipality located in McHenry County, Illinois. As such, it has the authority, pursuant to the Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs. B. Regency owns a shopping center in the City of McHenry situated on U.S. Route 31 commonly known as "McHenry Commons" (the "Shopping Center"). C. Regency and Hobby Lobby Stores, Inc., an Oklahoma corporation ("Hobby Lobby"), are currently negotiating a lease (the "Hobby Lobby Lease") for a portion of the Shopping Center containing approximately 52,334 square feet (the "Leased Premises") within which Hobby Lobby intends to open and thereafter operate a Hobby Lobby store (the "Hobby Lobby Store"). The Leased Premises have remained unoccupied for more than one year. D. gefGFeFor Hobby Lobby Ga-nt4 occupy the Leased Premises and open the Hobby Lobby Store Regency masthad to undertake substantial improvements to the Shopping Center and it must now undertake substantial improvements to the Leased Premises at a significant expense to Regency. Regency has indicated to the City that, but for the commitments and agreements of the City being made in this Agreement, Regency would not have undertaken and ill not undertake such improvements or enter into the Hobby Lobby Lease with Hobby Lobby. E. Regency estimates that the establishment of the Hobby Lobby Store will create approximately 30 job opportunities within the City, and the City has determined that the Hobby Lobby Store will serve to further the development of adjacent areas, strengthen the City's commercial sector, and enhance the City's tax base. The City has further determined that it is in the City's best interest to enter into an agreement with Regency pursuant to which Regency FINA nvr,CUT.0N Copy EAS-n 11 will receive payments from the City in the form of a percentage of the sales tax revenues received by the City as a result of retail sales occurring at the Hobby Lobby Store. F. It is the purpose of this Agreement to set forth the terms and conditions pursuant to which the Parties will effectuate the revenue sharing described in these Recitals. G. The Parties are entering into this Agreement pursuant to the City's authorities as a home rule municipality. NOW, THEREFORE, BASED ON THE FOREGOING RECITALS, AND IN CONSIDERATION OF THE COVENANTS AND AGREEMENTS CONTAINED IN THIS AGREEMENT, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HEREBY AGREE AS FOLLOWS: SECTION 1. Incorporation of Recitals. The Parties acknowledge the truth and accuracy of the foregoing Recitals and incorporate said Recitals in this Agreement as if set forth in their entirety in this Section 1. SECTION 2. Definitions. 2.1 "Base Sales Taxes" means the retailers occupation taxes and service occupation taxes received by the City from the State of Illinois pursuant to the Service Occupation Tax Act (35 ILCS 115/1 et seq.), the Retailer's Occupation Tax Act (35 ILCS 120/1 et seq.), and the State Finance Act (30 ILCS 105/6z-18)(as said Acts may be amended), and any taxes that are enacted and imposed as replacements thereto. 2.2 "City Payment Obligation" means the City's obligation to pay Regency Base Sales Taxes as set forth in Section 3.1 below. 2.3 "Commencement Date" means the first day of the month following the date the improvements to the Leased Premises are complete, as evidenced and confirmed by the City's issuance of a certificate of occupancy therefor. 2.4 "Event of Default" means a default under this Agreement which remains uncured as set forth in Section 10.3 below. 2.5 "Home Rule Sales Taxes" means the home rule retailers occupation taxes received by the City from the State of Illinois pursuant to the Home Rule Municipal Retailers' Occupation Tax Act (65 ILCS 5/8-11-1.1)(as said Act may be amended), and any taxes that may be enacted and imposed as replacements thereto. 2.6 "IDOR" means the Illinois Department of Revenue. FINAL-F-X+ 'W1=F0N-f�}IiY- 2 FASP446996: A 96 7n1 FASD44689634 11& 0ZJ- 2.7 "Maximum Total Payment" shall mean the maximum total amount paid to Regency pursuant to this Agreement as set forth in Section 3.2 below. 2.8 "Sales Tax Incentive" means the payment set forth in Section 3.1 below. 2.9 "Sales Taxes" means the aggregate amount of Base Sales Taxes and Home Rule Sales Taxes. SECTION 3. Agreement to Pay; Maximum Total Payment 3.1 The City agrees to pay Regency, up to the Maximum Total Payment, an amount equal to one hundred percent (100%) of the Base Sales Taxes received by the City from the IDOR which are attributable to the gross sales generated at the Hobby Lobby Store from and after the Commencement Date (the "City's Payment Obligation"). The City's Payment Obligation shall continue for so long as the Hobby Lobby Store is generating Base Sales Taxes. Regency acknowledges and agrees that any Home Rule Sales Taxes received by the City which are attributable to sales generated at the Hobby Lobby Store shall be retained by the City. 3.2 The Maximum Total Payment to Regency shall be the lesser of: (a) One Million Dollars ($1,000,000.00); or (b) the Reimbursable Expenditure Amount (as hereinafter fi ). SECTION 4. Calculating and Distributing Payments to Regency. 4.1 Regency acknowledges that the City's Payment Obligation is contingent upon: (a) Regency delivering evidence to the City of Regency's expenditure leither directly or by way of payment to_Hobby Lobby) of at least $1,000,000 in improving the Leased Premises and that portion of the Shopping Center that formerly contained the Dominick's grocery store, which costs shall include, but not be limited to, costs incurred in undertaking plumbing, electrical and HVAC work and in constructing a new roof (collectively, approximately $400,000 in costs); costs incurred in undertaking storefront and tenant improvements (collectively, approximately $648,000 in costs); demolition and space preparation work (approximately $150,000 in costs); and building permit, architectural and engineering fees incurred in furtherance of all of such work (Regency acknowledging that leasing commissions and attorneys fees incurred in the negotiation of this Agreement shall not be included as improvement costs), which evidence shall consist of general contractor sworn statements, mechanics lien waivers or paid receipts for goods and services purchased or rendered; (b) the continued occupancy and operation of the Leased Premises by a business generating Base Sales Taxes, which may include either Hobby Lobby or other successor tenants ("Successor Tenants"); and (c) the continued filing by Hobby Lobby and Successor Tenants of an IDOR form Authorization to Release Sales Tax Information f'1N �#ICI F iJ Y 3 ❑AS'P,44699634 9 nvi 1 EASTA468963411 R/10/11 to Local Governments The City acknowledges that Regency may seek to be reimburse for less than the total amount it expends (either directly or by way of payment to Hohhv Lobby) in improving the Leased Premises and that portion of the Shopping Center that ormerly contained the Dominick's grocery store (the amount for which Reaenc y seeks reimbursement beina herein referred to as the "Reimbursable Expenditure Amount"1. 4.2 Except as hereinafter provided, the City shall make periodic payments to Regency on a semi-annual basis not later than thirty (30) days after the City's final receipt of Base Sales Taxes for each six calendar month period occurring during the Term of this Agreement. Notwithstanding the foregoing, the first payment shall be made by the City after the end of the calendar year in which the Commencement Date occurs and the final payment shall be made by the City not later than ninety (90) days after expiration of the Term of this Agreement. The Parties acknowledge that the first and last payment of the Sales Tax Incentive may cover a period of time which is greater than or less than a full six calendar month period of time. The City's payment shall be accompanied by all documentation received by the City from the IDOR which accompanies payment to the City of the Base Sales Taxes attributable to the gross sales generated at the Hobby Lobby Store. SECTION 5. Performance of the Work. 5.1 In constructing the improvements described in Paragraph D of the Recitals, Regency shall comply with the provisions of the Illinois Prevailing Wage Act (820 ILCS 130/0.01 et seg.), if and to the extent required by law. - SECTION 6. No Interest: Limited Obligations. 6.1 No interest shall be due on the obligations set forth in this Agreement unless and until an Event of Default occurs in the payment of the Sales Tax Incentive to Regency. From and after the occurrence of an Event of Default as to a portion of the Sales Tax Incentive which was then to have been paid to Regency, interest shall accrue and be payable, until paid, at the rate of four percent (4%) per annum over the rate announced from time to time in the Wall Street Journal or other comparable publication as the so-called "base rate" or "prime rate" of interest. 6.2 Regency acknowledges that: (a) the City shall not be required to make any payments of the Sales Tax Incentive to Regency unless Regency or a Successor Tenant has then delivered, or caused to be delivered, to the City the IDOR form Authorization to Release Sales Tax Information to Local Governments that is needed to facilitate the City's Payment Obligation; (b) the City's Payment Obligation is a limited obligation of the City payable solely out EASE446996s4.>>&iO of the Base Sales Taxes the City receives from the IDOR which are attributable to the gross sales generated at the Leased Premises; (c)for so long as no Event of Default on the part of the City exists under this Agreement, the sole source of Regency's entitlement to payment of the Sales Tax Incentive shall be the aforesaid Base Sales Taxes: (d) the City's Payment Obligation shall not be construed as general obligation of the City; and (e) Regency bears all risk of non- payment resulting from the Permanent Closure of the Hobby Lobby Store and the inability of Regency to re-lease the Leased Premises to a Successor Tenant. For purposes of this Agreement, the Hobby Lobby Store shall be deemed to have closed permanently if it is closed and the Leased Premises remain either vacant or unoccupied by a Successor Tenant for a period of twelve (12) or more consecutive months ("Permanent Closure"). SECTION 7. Term. 7.1 This Agreement shall be in full force and effect for a Term commencing on the Effective Date of this Agreement and ending on the earlier to occur of: (a) the City's payment to Regency of the Maximum Total Payment; (b) the Permanent Closure of the Hobby Lobby Store prior to Regency's receipt of the Maximum Total Payment; and (c) the twenty (20) year anniversary of the Commencement Date. 7.2 This Agreement shall remain in effect for enforcement and accounting purposes following the expiration of the Term. SECTION 8. Confidentiality. 8.1 The City agrees to utilize Sales Tax information obtained by it pursuant to the terms of this Agreement solely for the purpose of effectuating the provisions of this Agreement. To the extent permitted by the Illinois Freedom of Information Act ("FOIA") and other relevant laws, the City shall endeavor to keep such information confidential. The foregoing, however, shall not preclude the City from disclosing such information to the extent it is mandated to do so court order or to the extent it makes a good faith determination that such disclosure is required by law. 8.2 The City shall give Regency prompt notice of any request that is made under the FOIA to disclose the Sales Tax Information described above. SECTION 9. Assignment. 9.1 Regency may assign this Agreement and its right to receive the Sales Tax Incentive to a third party upon notice to the City. Upon notice of an assignment, the City shall make all payments due hereunder and send all reports called for herein solely to said assignee. F NA1 X-GU440N-c=Qx 5 r..ASr,44699634 9 WWI! EART\446S9634j 8/10L SECTION 10. Miscellaneous. 10.1 This Agreement shall be binding upon and inure to the benefit of the Parties, on Regency's successors and assigns unless Regency and such successors and assigns agree otherwise in writing), and on successor corporate authorities of the City. 10.2 Any notices required or contemplated by this Agreement shall be sent by certified mail or via nationally-recognized private carrier(such as Fed Ex or UPS), as follows: If to Regency: GRI RegenGy W IL-McHenry Commons Shoanina Center, LLC c/o Regency Centers 1211 W. 22nd Street, Suite 300 Oak Brook, IL 60523 Attention: Regional Officer With a copy to: Harold W. Francke DLA Piper LLP (US) 203 N. LaSalle Street, Suite 1900 Chicago, IL 60601 If to the City: City of McHenry 333 South Green Street McHenry, IL 60050 Attention: City Administrator With a copy to: David W. McArdle Zukowski Rogers Flood & McArdle 50 Virginia Street Crystal Lake, IL 60014 10.3 In the event of a claimed default under this Agreement, the non-defaulting Party shall provide notice of default to the defaulting Party. No legal action may be commenced with respect to a claimed default until thirty (30) days after said notice has passed, during which time the claimed defaulting Party may cure the claimed default. 10.4 This Agreement shall be governed by Illinois law without regard to its rules regarding conflicts of law 10.5 Any action to enforce this Agreement shall be filed in the Twenty Second Judicial Circuit, McHenry County, Illinois. The Party who prevails in any such action shall be entitled to recover its reasonable attorneys fees from the other Party. 10.6 This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between Regency and the City relative to the Sales Tax Incentive and there are no other promises, agreements, conditions or understandings, either oral or written, express or implied, between them relative thereto. 1;}.Nn ]-,- Svc ' i—T40N—{`r��—v r.e P4468n«n 9 6/74 1 EASTA4699634.1] R/10/11 10.7 This Agreement may only be amended by way of a written instrument that is signed by both Parties. 1U egency shall have the right, by notice to the City, to waive the City's payment to it of the Sales Tax Incentive, in whole or in part at any time and nothing contained in this Aareement shall be construed or interpreted as precluding such right SECTION 11. Future Cooperation. 11.1 The Parties shall cooperate with one another on an ongoing basis, make every reasonable effort and take all required actions to implement and give effect to the provisions of this Agreement and the intentions of the Parties as reflected by the provisions of this Agreement. Such actions, with respect to the City, shall include but not be limited to the City's appropriation of funds as may be necessary to implement the provisions of this Agreement. The Parties have executed this Agreement as of the dates set forth below their respective signatures, to be effective as of the Effective Date set forth above. W IL-MCHENRY COMMONS SHOPPING CENTER LLC Delaware limited liability company By: FW-Rea II Holding Company Two. LLC. a Delaware limited liability company its sole member By: GRI--REGENCY, LLC, a Delaware limited liability company, its sole member By: Regency Centers. L.P.. a Delaw_ are limited partnership, its mana_ a_in_ a_ member By Regency Centers Corporation a Florida corporation its general partner By: Name Its: Date: CITY OF MCHENRY By: BY.! its; #S_-. Mayor ATTEST: By: 44NAL-t XTX c' ON-G-GRY 7 EAS:A446896334 96441 E A SP44G89634.11 8110/11 City Clerk Date: Date! APPROVED BY MCHENRY CITY COUNCIL on June 6, 2011, per Ordinance No. . and on Auaust 15. 2011, aer Ordinance No. EA94 4468 4nu^u11 EASTA4689634.11 R/10/11 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: John Jones, Chief of Police FOR: August 15, 2011, Regular City Council Meeting RE: Authorization to establish a Mutual Aid Agreement between the City of McHenry and Village of Johnsburg Police Departments ATT: Ordinance Mutual Aid Agreement Background. Throughout the history of law enforcement, police departments have had situations arise where manpower and equipment resources have been hard to come by. In these situations, it is a common practice for departments to request the assistance of other agencies, often in the form*of additional manpower and/or specialized equipment to handle particular circumstances. -a However, Illinois statutes do provide some layers of jurisdictional protection for officers in these circumstances. A modern stance has been to develop and enact mutual aid agreements between neighboring departments, thereby providing additional protection for officers and municipalities and, at the same time, eliminating various technical procedures that tend to waste valuable time in the case of emergencies. Furthermore, mutual aid agreements have been in place in the fire service discipline for decades and have become one of the backbones of effective interagency cooperation between fire departments. Given the proximity and contiguous borders that we share with the Village of Johnsburg, such an interagency/mutual aid agreement would benefit both municipalities and afford the police departments the opportunity to maximize manpower, resources and service to our citizens. Analysis. The cooperation between the McHenry Police Department and the Johnsburg Police Department would be augmented in such a way that both agencies could take advantage of what the other has to offer, while at the same time increasing the services they bring to their respective communities and to their own officers. Specific areas of cooperation that would be greatly enhanced upon the enactment of this agreement include, but are not limited to: 1. McHenry Police Street Crimes Unit—Currently, this unit, which, due to manpower is only activated for one week per month, yet it is responsible for a multitude of narcotics arrests, currency and vehicle seizures, and removal of a significant amount of illegal narcotics from our streets. Developing a mutual aid agreement Johnsburg would open the door for our narcotics investigations to move outs' with McHenry, thereby allowing Johnsburg PD to add an officer to the unit, which outside of st more activations producing more arrests, producing more narcotics off of the street. Further, whereas the addition of a Johnsburg officer(s) to the unit would r McHenry Investigations with more manpower, it would also afford Joasburovide with the opportunity to have a unit to investigate narcotics cases within their borders. This is a win-win situation for both communities and police departments. 2. McHenry Police Detective Division boundaries and involve offenders from otherrlocations.Policeen Being that tinvestigat1John ons cross city close proximity and contiguous to McHenry, these situations develop often an Johnsburg is in having such a mutual aid agreement would steam-line the investigative Process for both departments. Resources would be multiplied. Manpower would be multiplied.r Investigative tools would be shared and enhanced. Criminal intelligence as well a suspect/offender intelligence would also be multiplied and shared. s resources and sources of information would be enhanced, leadin All these likelihood of successful investigations. g greater 3. McHenry Patrol Division — One of the primary concerns for our patrol division is safety of uniformed of on the street. At anme, the limitation that we and Johnsburg PD have, an officer's back-up unit may be mwith inutes away. In violent, life and death circumstances, extra minutes can have a grave impact on an officer's safety. This agreement stream-lines the process by which officers from neighboring agencies can respond to other jurisdiction when an officer calls for back-up. In those dangerous situations where an officer is calling for help, seconds count and any procedure that can be enacted that eliminates those useless seconds is a benefit to all involved. 4. Overall Equipment and Manpower — In these tough economic times, equi ment an sufficient manpower are sometimes very hard to come by. This is true not only for routine patrol and investigative functions of the departments, but also of the extensive amount of special detail and events McHenry and Johnsburg officers are responsible for. These events, such as Fiesta Days, Fourth of July Functions, Saufen and S eil parades, sporting events, high school events and many others, put a strain of the respective police departments. Having additional manpower and equipment to handle these events is a welcome sight and ensures a more effective patrol and enforcement of the event. Recommendation. Approval of the attached ordinance authorizing an Inter government Agreement for Mutual Aid and Assistance in Law Enforcement between the City of McHenry al and the Village of Johnsburg as presented. my Ordinance ORD-11- All Ordinance authorizing an Intergovernmental Agreement for Mutual Aid and Assistance in Law Enforcement between the City of McHenry and The Village of Johnsburg. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in th Constitution of the State of Illinois. e WHEREAS, the Mayor of the City of McHenry and the McHenry City Council desire to augment the available law enforcement, and WHEREAS, the Mayor and McHenry City Council desire to enter into an intergovernmental agreement with the Village of Johnsburg to provide mutual aid and assistance in law enforcement. NOW THEREFORE, BE IT ORDAINED by the Mayor and McHenry City Council as follows: l. The intergovernmental agreement, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. 2. The Mayor of the City of McHenry is hereby authorized to execute said agreement. Passed and Approved this 15'' day of August,2011, Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: Signed: Mayor ATTEST: City Clerk Intergovernmental Mutual Aid Agreement This Agreement to provide law enforcement mutual aid and assistance is made and entered in to among the municipality of The City of McHenry, Illinois and the Village of Johnsburg, Illinois. WHEREAS, each of the parties hereto maintains equipment and personnel for law enforcement and public safety within its own jurisdiction, AND WHEREAS, the parties hereto desire to augment the law enforcement available in their area when necessary, AND WHEREAS, the boundaries of the parties hereto are contiguous or in reasonable Proximity so that mutual assistance in law enforcement is deemed feasible, AND WHEREAS, it is mutually agreed that said mutual assistance in law enforcement is deemed sound, desirable, practical, and beneficial for the parties of this Agreement to render assistance to one another in accordance with these terms. AND WHEREAS, The City of McHenry and the Village of Johnsburg have the power and authority to enter into this agreement pursuant to the provisions of Article VII, Section 10 of the Illinois Constitution of 1979, and the Illinois Intergovernmental Cooperation Act, as amended, 5 ILCS 220/1 et. seq., and other applicable authority. THEREFORE,the parties hereby agree that I• Request of Mutual Aid When it is deemed advisable by the Chief of Police for The City of McHenry or his designee, and/or the Chief of Police for the Village of Johnsburg or his designee or by the on-duty supervisor for The City of McHenry and/or the on-duty supervisor for the Village of Johnsbur to request assistance under the terms of this agreement and such assistance is requested, the g Police Chief(s), his/her designee and/or the on-duty supervisor(s) receiving said request is authorized to take the following action forthwith: q hereby A. Immediately determine if law enforcement equipment and/or personnel can be afforded for response to the request. B. If said equipment and/or personnel are available, dispatch said personnel and/or equipment to the area requested. II. Term of the Agreement The term of this Agreement shall become effective upon the date hereof and shall remain in force and effect until cancelled by mutual agreement of the parties hereto, or by written notice by one party to the other party, giving sixty(60) days notice of said cancellation. Termination by any signatory party to this Agreement shall not effect the agreement between the other parties. III. Compensation for Services All services and assistance performed under this Agreement shall be rendered without reimbursement of any party from another party. IV. Waiver of Claims and Save and Hold Harmless Each party to this Agreement agrees to fully and in all respects indemnify, defend and hold harmless the other party from and against any liability resulting from all acts, commissions, omissions or other conduct of said party and its employees. Each party member, agent and employee agrees to indemnify, defend and hold harmless the other party, its agents and its employees from and against any and all claims and liability in whatever fashion arising under this Agreement against the other party who or which may be assigned pursuant to this Agreement. The full legal and financial responsibility for injury, disability or death of an employee shall remain with the employee's respective law enforcement agency/employer. Each participating agency shall also be responsible,regardless of fault, for repairing or replacing any damage to their own vehicles and/or equipment that occurs while providing assistance under this agreement, or travelling to or from the assistance. V. Minimum Insurance Required Each party to this Agreement shall, during the entire term hereof, procure and maintain the following insurance: A. Comprehensive General Liability Insurance with minimum limits of$1,000,000 per occurrence, including owners, landlords and tenants; manufacturers and contractors; owners and contractors protective; products and completed operations; and contractual liability (which insures this Agreement). B. Personal Injury Liability Insurance with minimum limits of$1,000,000 per occurrence, which insures all regular law enforcement personnel of the named, insured including false arrest, false imprisonment, malicious prosecution, libel, slander and invasion of the right of private occupancy. C. Automobile Liability Insurance with minimum limits of$1,000,000 per occurrence covering all owned or leased automobiles. Each party will provide to the other party(s), upon request, a certificate of insurance, in form reasonably acceptable to the requesting party, evidencing the existence of such insurance. VI. Assistance Not Mandatory It is expressly understood and agreed by the parties hereto that the rendering of assistance under the terms of this Agreement shall not be mandatory, but that the party receiving the request for assistance should, as soon as practicable, inform the requesting party,that assistance will not be rendered. VII. Officer in Charge The senior ranking officer on duty of the requesting party or his/her designee shall assume full charge of the operations for which the mutual aid request is made. The senior ranking officer on duty of the requesting party or his/her designee may assign officers of any responding party to any position or duties when and where he/she deems appropriate. Provided, however, that at all times, the personnel of the aiding agency shall remain employees of their own agency and shall adhere to the policies and procedures of their own employer. While working under the direction of the aided agency, aiding law enforcement personnel shall only be required to respond to lawful orders. VIII. No Agency Created Neither party shall be deemed to be an authorized agent of the other by this agreement IX. Entire Agreement This agreement constitutes the entire agreement between the parties hereto and no other person or entity shall be deemed to be a beneficiary of this agreement. X. Assignment No party hereto shall assign this agreement or the rights and duties hereunder. XI. Third Party Benefits This agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action whatsoever hereunder for any cause whatsoever. XII. Legal Representation The participating agencies further agree that each agency will be responsible for defending their own respective entity in any action or dispute that arises in connection with or as the result of this agreement and that each agency will be responsible for bearing their own costs, damages, losses, expenses and attorney fees. XIII. Notices All notices given or required under this agreement shall be in writing and sent by certified mail to The Chief of Police for City of McHenry or the Chief of Police for the Village of Johnsburg, respectively. Signatory Page This signatory certifies that this mutual aid agreement between the City of McHenry and the Village of Johnsburg, has been adopted and approved by ordinance, resolution, memorandum of understanding or other manner approved by law, a copy of which is attached hereto. City of McHenry_ Political Entity or Agency Chief Law Enforcement Officer—John Jones Village of Johnsburg Political Entity or Agency Chief Law Enforcement Officer—Keith VonAllman Mayor—City of McHenry Mayor—Village of Johnsburg Susan E. Low Edwin P. Hettermann Date Date Attest Janice J. Jones, City Clerk Date m E A � s � � - - - - - - - - - � - - - - - -1 - - - - - 1 — - - - - � // E _ g ° t a F E 5 R — _ ___ — = _ _ _ _ � � og $ R' t'• sg .�lN °ag ? $ 8 $ S •" � a � ram— �� �� / 8E € e $ Ewe ° E ' act `$' w `-_g, nig — — — — I / Eg ' c8 ,RgSg � � Pnc - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ' - - - - - - - - - - E h e (peoH puowuoltl) L C e1noH sloullll o ` Q B � W ¢ Sn � $ Lb ¢ ooN c . At ' fie q � 8rc ` ge ° � $ n a $ S $ - phi hp fit,° ° � ^ gg , 86We8i °j5 s° OS, mallY)b99 .9oee $ ° s ' c ° (asl'11A999 (NaW1AD'99 aaWl.00 o y N 9 q, faslvl .00'99 MBCbe.00N 3.BEAo.9oS ma; Wc Y a F gB ` a P. o S4 E woEaE naS56 °�°. 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DEPTH 181-0" 181-0" TRASH ENCLOSURE 95 PARKING o MIN . DEPTH (PARALLEL) 22'-0" 22'-0" / \ \ RELOCATEDRADIOTOAER SPACES I MIN . WIDTH 9'-0" 9'-0" 0000 / o FREIV OR P AE to - I I � I MIN . AISLE WIDTH 24'-0" (FOR 90-DEGREES) 24'-0" Rua TONER t PC` E-vWN111 18'-0" (FOR 60-DEGREES) 30'-0" \ PA LOi ^ / \ \ \ \ o uc nnc MAX DRIVEWAY WIDTH 36'-0" 44'-5" MIN . # SPACES 95* 95 ® ; I o \ ` \ HEArtO 1 RE E SLAB o YI WI i I (4) ACCESSIBLE SPACES REQ'D FOR EVERY 76- 100 OFF-STREET PARKING O LIFT Q,, ¢ LLI I 0 SPACES PROVIDED STATION \ Fo.E-uouartoPArwac mi Z) I Z O / \ for uo+Tnc o N al I ¢ 1 1 I , ^ N-ERWID Wul ANTIM FIRE � I = I LANDSCAPE REQUIREMENTS W KRS. TIP EXTNwSHER I U / \ ❑ / '� \ alaanta al I I 0' 7'-6" MIN , RESIDENTIAL SCREENING STRIP: 15'-0" 000 \ "A�(\G \ 19 © �? ti? �? 41 Z SIDE & REAR YARDS ,A McHENRY FIRE o / [� PROPERTY BETWEEN C-5 & RS-4 / \ 2.02ACRES u I� � I \ �L ZONING: C-5 ENE RACK EltcrRa+c va+ PARKING SCREENING STRIP: 10'-0" 18'-8" • PERIMETER OF PARKING LOTS TO r (A) .FLAG FOLE uF it s BE CHES F(tE5 IF I SCREEN ADJACENT PUBLIC WAYS IN-GROVG� • BENCHES 'D IF I FROM VEHICLES & HEADLIGHTS \ WA94R YN.I i I \ ADMINISTRATION / PARKING ISLAND STRIP: LANDSCAPED ISLAND REQ'D EVERY 15 PARKING \ I ADDITION 4,718 SF • �r SPACES & AT THE ENDS OF PARKING ROWS I + 789 SF LINK / J •j - FUTURE \ i Nt Sc+ SITE LANDSCAPING (IN ADDITION TO SCREENING STRIPS): // EXISTING \ I /// � • (u9E)(oanmg / \ � FOUNDATION BASE (MAY INCLUDE CURB , WALKWAYS , LANDSCAPE MARINA BUILDING EXISTING FIRE %ASR ���...YYY MATERIALS ) I STATIONN1 N-CRO OWUE i !!•ix�c¢a WA 181000 III,000 S.F. / I wasHERs. T� / FRONT 151-0" SEE LANDSCAPE / PLAN � N-cRu- R /+° W? uL/ - SIDE 10'4' IF PUBLIC SEE LANDSCAPE WASHER ' ' ENTRANCES & PLAN Ewstrt+caRB SFTIFNO ' REVALN °Fsa;Rr PLANTER TO ENTRANCES I - - E)JUNG SHWkX f EGSTAM PROPERTY LINE REAR 5'-0" IF PEDESTRIAN SEE LANDSCAPE _ FUTURE PROPERTY LINE ( / ACCESS REQ'D PLAN DOORWAYS O O2� - - --� * ASSUMED OFFICE BUILDING REQUIREMENT OF 3 .5 SPACES PER 1 ,000 S . F. NET NET S . F . = 26922 . 5 ( EXCLUDES: STORAGE ROOMS, TOILET ROOMS, MECHANICAL/UTILITY ROOMS, ELEVATOR SHAFTS, AND STAIRWELLS) ® Val w N ' ARC H ITECjs (D SITE PLAN 1 SCALE : 1 " = 50' - 0" = li r McHENRY TOWNSHIP FIRE DISTRICT ADMINISTRATION FACILITY UA ARCHITECTS STATION No . 1 - McHENRY , ILLINOIS P? 3 2 850,4970F, 312,850,4978 WWW.STTUD 022 ARCHITECTS.COM DATE: 2011 - 07-07 PROJ. NO. 11008 e ZONING: RS q PLANT LIST RESIDENTIAL Deciduous Shade Trees - all shall be supplied ball and burls Save and protect PROPERTY l3 i i Otv. Size Common Name _ Latin Name ersWgtrees at north 1 2' cal. Red Oak Quercus rubs edge of ro 2 2' cal. Skyline Thornless Honeylocust Gledltsla tdacanthos var. Inennis 'Skyline' P perty. (J:? 1 2' cal. October GloryMaple Acer rubrum 'October Glory' 764 ,00' 2 2" cal. Redmond Linden Tllla americana Redmond l Ornamental Trees - all shall be supplied ball and burlap. Multi-stem to be 3-5 stems. Lawn . ..i c4� Lawn Qty, Size Common Name Latin Name . . - 2 6' hL Adams Crabapple Malus 'Adams' (multi-stem) Shrubs: Deciduous and Evergreen - supply ball and buds ed or [ _ _ , — J II, r city, Size Common Name LatinThul Name protect r fawn ll, PROPERTRESIDENTY 7// / / / / / / 6 4N wightdth TechGreeny Arborvitae Junipe cschinelis 'Techny' _ _ 19 24' wldth Green Sargent /uniper luniperus chinensis var. sargentii 'Viridis' Save and existing Oak Instal I�' lawn ' / : 10 3 gallon pot Knockout Red Rose Rosa 'Radrazi 4' diameter mulch ring. 0, 39 ACRES /i j 6 24" height Dwarf Korea Lilac Syringa meyeri 'Palibin' 9 �3 Koreaspke V,twrnum 19 24"x24" Dense Yew Taxus x media 'Densiformis - Lam ZONING: RS-4 �j/ - I 11, 6 36' helght Koreanspice Viburnum Viburnum carlesil eee� y % e Dense vew / - 2-STORY Lawn III I '� i APART EN / / ( ( I Perennials Ornamental Grasses & Groundcovers - supply In is !I / / / ! Qty. Size Common Name Latin Name r / / 15 1 Gallon Pot Feather Reed Grass Calamagrostis acuti0ora 'Karl Foerster' el 2 Redmond Linden r i, 1 Walkers Low Catmint 6Dense Yew r % •� 67echn Arborvitae / � ' I I 16 1Gallon Pot Happy Returns Dayllly Hemerocallis 'Happy Returns' 3 1Gallon Pot Variegated Maiden Grass Miscanthus sinensis 'Variegatus' T P Lawn .3 Lawn Lawn 10 1Gallon Po[ Walker's tow Catmint Nepeta racemosa 'Walker's Low' NEW \ \ n Lawn - - - — LANDSCAPE LEGEND - er _ If I Lam � Lawn A - - - - - - - - �� y/ - - IN 1 < ZZ Lawn _ �ri (_Dt ,. , ; t , - - - — - - Lawn i Deciduous Tree Evergreen Tree I Red Oak QN) lee � t ty, Ornamental Treece Deciduous Shrubs/ s ti}ayu} \ \ Lawn Ornamental \ [ Lawn I _- � ¢ „ 3 Dwarf Korean Lilac 0 Perennials Evergreen Shrub Grasses L wn t Q \ Lawn: GENERAL I INOTES: LANDSCAPING Note C' _ , ( 1 . All plant material shall meet the American Landscape Contractors Landscape o t Lawn ; Specification Guidelines. OLIFT / Lam === �l - Q 2. New planting beds shall have 6" of soil mix installed prior to plantings. Allow for 2"-3" of STATION I z mulch. New soil mixture: 1/3 topsoil, 1 /3 mushroom compost and 1/3 sand. __ 1• I 3. All existing landscape plantings shall be removed for new construction except where noted shall be removed. O / \ Exis\g Plant ( j o 5 Dense Yew 4. Notes Indicated on grading plans shall pertain to landscape plans, Final grade of / toot Maledal\i Remain ' 'r z Mukistem Adams crab lanlin beds shall be as per radio Ian, t: Remove extsU mulch and ( € " 2 SkyllneThorrJess 3 Dwarf Korean Liac j P 9 P grading P "a r. 5. The landscape contractor shall be responsible for making themselves familiar with all Install new akh attlme i, Honeylowst � U underground utilities and structures. / of Installatio f ne,v plain - '� _ L . 6. Plan( material shall be size and type specified. Substitution of plant material shall be on material at site "� Lei Lawn a se b basis an approved i writing b the Owner and City, in no case shall any material besmallerandIndicated I 9 Y I Y• it t t r � Ir �'' � leoe j z 7. Do no willfully proceed with plantings as designed whenit is obvious that obstructions I ` 1 r - - - a - and/or grade differences exist that may not have been known during the design process. I _ QS ' , • \ '� '_ - - 1 Such conditions shall be immediately brought to the attention of the Owner's el / PC ' idi Representative. v; \ ' Lawn ✓ �` . / \ 8. Plant locations shall be Ragged in field with Owner's Representative. Final location of all �� °� 5 c en Sargent JuN plant material shall be subject to approval of the Owner's Representative prior to digging let //M�(cF/ ` any holes. The landscape contractor is responsible for providing Owner's Lawn • % 12 Feather Reed Grass Lawn 5 Green Sargent Juniper Representative with 48 hour minimum advance notice prior to planting, - ✓ 5 Knockout Red Rose —f- 4 Walkers Low Catmint j P P P 9• 6 Green Sargent Juniper / i 3 Feather Reed Gross 9. Plants shall be watered on the day they are planted and maintained with watering until t 1 5 walker's Low Catmint final acceptance of the project. { i6 Happy Returns Dayliy ' 10, Apply a pre-emergent as per manufacturer's specification prior to installing mulch. 5 Knockout Red Rose 11 . Beds shall have 3" of hardwood shredded mulch applied and a 4" deep spade edge at lawn. No artificial color to be added to mulch. \ \\ \ C 1 ,� 12. Landscape plant material shall be guaranteed for 12 months from final acceptance. Any plant 113 dead or more shall be replaced under the guarantee. Guarantee shall IN / // Ai7M I I I A I Leeins include removal of dead plant, supply and install of new plant and watering in. l I — �• 13. Lawn Seedingshall be under favorable weather conditions. Fine rode topsoil, seed �/ / I AlA i ; itIN (d i " ! 9 P EXISTING / / ( 1 , . f, �' j /� i and blanket all areas noted to be lawn. Seed to be National Seed Sunny Mix. / MARINA BUILDING ., / / Ili IIkr �1 % �J �, ; 15, Do not over seed Into mulch beds and paving. / / \ 11' I o , . I 1_ lfI; l: / - i i ( 16. See page 2 for details and planting ordinance Information. 18000SF j e I / j �' . t , j� �o3 / / l % �; // . Mulch_ t /� l � . ,r� Lawn -IN r j e 11 /I /i / / /'� r i 2'-"u�RLd with Spade edge/ October Glory Maple � � � � ' Existing Plant Material to Remain / / / / j ' along with raised wail planter. Ile �ol i , r k�`,� I --- -- - / � N \ 3 Koreanspica Viburnum / _ 3 Green nt �' � 14 Variegated Maiden Grass - - 1 \ FILE NO, SHEET NO. 0 so zo 40 1e4 1 OF 2 Drawl Revision SCALE: u IandDesi n Itd 1" • 20' "Who naw p g McHenry Fire Station Landscape Plan MJIJU PERMIT 2�tAE31„ Park Planning and Landscape Architecture 24042 Lockport St, Plainfield , Illinois 60544 McHenry, Illinois North 815-254-0091 www. uplanddesign .com ® copyright 201 i upland Design LTD xea.nmHse,yFi.�row.aa.oaP�otao.ewe Proposed Landscape Plant Material Highway Commercial District Requirement (C-5 ) Item Quantity_ Lot Size : 2 . 15 Acres = 93 , 654 square feet Existing Shade Trees - saved 2 Landscape Requirements Required Provided Proposed Shade Trees 6 Residential Screening Strip 15141 71-6" Proposed Ornmental Trees 2 Mix of deciduous & evergreen shrubs , Proposed Deciduous Shrubs 22 Proposed Evergreen Shrubs 44 Parking Screening Strip 10141 18'111,81' Mix of evergreen shrubs , Proposed Perennials 26 shade trees , ornamental trees , Proposed Grasses 18 Parking Lot Island 1 island for 8 Islands with 15 spaces 4 proposed shade trees 94space/15 =6 . 2 Site Foundation Landscape Required Provided Proposed Landscape Areas Front 15'-0" Proposed shrubs , grasses and perennials is proposed at front entry and corners of Item Quantity building . Landscape Beds 29473 Side 10'-0" See above 2 . 6 %D of total land Square Feet Rear 5141 See above Turf Areas 22 , 764 Trees 1 shade tree per 30' 2 proposed shade trees 233 /D of total land Square Feet Paved/ Bldg .Area 689417 Sign Landscape 2 s .f. landscape per 225 square feet of landscape at sign 74 . 1 /D of total land Square Feet 1 s/f sign TOP OF POT SOIL SHALL BE TREE WITH STRONG CENTRAL LEADER AT FINISHED GRADE, PLACE TOP OF ROOT MASS AT REMOVE PLASTIC TOP OF ROOT BALL SHALL FINISHED GRADE OR UP TO 1 / 2" CONTAINERS AND TAGS BE AT FINISHED GRADE, ABOVE FINISHED GRADE, FROM PLANTS PRIOR TO REMOVE BURLAP FROM TOP REMOVED ALL CONTAINERS, STRING, ' INSTALL HALF OF BALL AND REMOVE WIRE, AND TWINE AT TOP 1 /2 OF ROOT �? ALL WIRE AND PLASTIC BALL, REMOVE TAGS ON TREE II — 4" STERILE MUSHROOM i COMPOST CONTAINERS REMOVE TAGS 3" DEEP SHREDDED HARDWOOD FROM PLANTS MULCH, MULCH SHALL NOT TOUCH EXTEND MULCH AS SHOWN TREE TRUNK ON LANDSCAPE PLAN AND 3" DEEP SHREDDED 36" MINIMUM OF 18" PAST HARDWOOD MULCH 4" HIGH SOIL SAUCER BEYOND EDGE ! - _ CENTER OF PLANT EXTEND MULCH TO 8" PAST 12" OF ROOT BALL. V DIAMETER MULCH RING OR MULCH AS PART OF BACK FILL MIXTURE TO BE EDGE OF LIMBS ON SHRUB PLANTING BED, I 1 /3 EXISTING SOIL, 1/3 PEAT, AND 1 /3 SAND MIXED BACK FILL MIXTURE TO BE 1/3 BACK FILL MIXTURE TO BE TOPSOIL AN EXISTING SOIL, 1/3 PEAT, AND - --- THOROUGHLY t.'` ( f i_I III AS REQUIRED, PLACE ON ALL SIDES INSTALL BASE OF POT SOIL 1 /3 SAND MIXED THOROUGHLY III ? , > OF TREE, EXTEND 12" BEYOND -: OUTSIDE EDGE OF ROOT BALL, MASS ON EXISTING I I SUBGRADE OR TAMPED INSTALL BASE OF BALL OR III I ,, I ( -� - _ � ROOT MASS ON EXISTING , i BASE OF BALL SHALL BE PLACED TOPSOIL SUBGRADE OR TAMPED ON UNDISTRUBED SUBGRADE OR TOPSOIL TAMPED SOIL, TREE SHALL BE TRUE AND PLUMB n Perennial & Ornamental Grass Installation Shrub Installation �Tree Installation SCALE: N.T.S. d•perennlals SCALE: N.T.S. d•shrubs SCALE: N.T.S. d-tree FILE NO" SHEET NO. 29. 2OF2 Drawl Revision =' uplandDesign ltd McHenry Fire Station Landscape Details MJ,JU PERMIT 22J11 Park Planning and Landscape Architecture 24042 Lockport St, Plainfield , Illinois 60544 McHenry, Illinois 815-254-0091 www. uplanddesign .com 29411titcHenryFlrePoWanauapaptanAwp '',, 0 Copyright 2011 Upland Design LTD uununnnmmnumm�umunumnnnnuunnuunuuunnNNINNNNmI uununlNnmmnuunununnmmnnunnunuulunmuunnnnnumuununnnmm�nnnnnnunnnnnnnnn !II �- ® � i�"°oF�����,■. �_ �---�� ■■� ."_�.m°o�- sow m '. is ,MI-�-ic MW LLLL Nil =irr= IN own v 1 • Elm 11�1■�� � mnmm�mlummnummnnnnumnmmuumnnnnnnnlnmunnummunumm�u� �=s� 111111l1 • 1 minim — :��� NIIIINIIIIIIINIti111NN1111111111N111t111111111111111111NN11111ID111t111111111111111111N11111111111111Ni111111N111111111 — ----- ___-- _� ----- ------� -�a'� �. - ------ ------ - - - - -===== .������iiilL=��_� ��� �°O�.l_ . I •, 1 .I��il,■�i ®- �=o=O��® -��.�e=0� �� � 1 1 iMM Elm lion Kenneth M Schaefer ARCHITECT F E I u R E E ITYN . . : ; � . � � :