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HomeMy WebLinkAboutPacket - 04/18/2011 - City Council city of MCHenry 1-11 C� 333 South Green Street _ www.ci.mchenry.il.us McHenry,Illinois 60050-5495 Mayor's Office (815) 363-2108 Fax (815) 363-2119 AGENDA Administration A ( dm 363 radon REGULAR CITY COUNCIL MEETING Monday, April 18 2011, 7:30 PM DIV Fax (815) 363-2119 1. Call to Order Construction and Neighborhood Services 2. Roll Call (815) 363-2170 Fax (815) 363-2173 3. Public Input Session: 10 Minute Limitation Finance Department (815) 363-2100 4. Consent Agenda: Fax (815) 363-2119 A. Resolution declaring April 29th as Arbor Day; B. Transfer of Class B-3 liquor license to 7-Eleven, Inc., 3308 West Elm Street; Parks and Recreation C. Temporary use permit for Nicolino's Trackside, 621 Ridgeview Drive; (815) 363-2160 D. Special event liquor license for Nicolino's Trackside 621 Ridgeview Drove; Fax (815) 363-3186 E. Picnic Permits; F. April 11, 2011 City Council meeting minutes; Police Non-Emergency G. As Needed Checks; and (815) 363-2200 H. List of Bills. Fax (815) 363-2149 Public Works 5. Ordinance executing amendment to Lang Annexation Agreement (815) 363-2186 6. Request for use of Veterans Memorial Park and waiver of park use fees for the Society of Fax (815) 363-2214 St. Vincent de Paul annual "Friends of the Poor" 5K walk on September 24, 2011 7. Request for use of Petersen Park, temporary signs, wavier of all associated fees; and Mayor temporary waiver of section 16-25 of the Municipal Code to allow for overnight stays in the Susan E. Low park for annual Lions Club Carnival June 9 through June 11, 2011 City Clerk 8. Request for conditional use permit to serve alcohol in conjunction with a restaurant, Brunch Janice C. Jones Cafe, 414 Soub Route 31 Treasurer 9. Request for Class G 1 liquor license for Brunch Cafe, 414 9)uth Route 31 and ordinance Steven C. Murgatroyd increasing the number of Class G1 licenses from five to six Aldermen 10. Ordinance authorizing third amendment to Redevelopment Agreement for former Medical WARD 1 Arts building site Victor A. Santi 1 1. Mayor Statement and Reports WARD 2 12. Committee Reports Andrew A. Glab WARD 3 13. Staff Reports Jeffrey A. Schaefer 14. Future Agenda Items WARD 4 Geoffrey T. Blake 15. Adjournment WARD 5 Posted: April 14, 2011 Richard W. Wimmer WARD 6 Robert J. Peterson WARD 7 Geri A. Condon CONSENT AGENDA The Consent Agenda for the April 18, 2011 , City Council meeting consists of the following items: A. Resolution declaring April 29th as Arbor Day; B. Transfer of Class B-3 liquor license to 7-Eleven, Inc., 3308 West Elm Street; C. Temporary use permit for Nicolino's Trackside, 621 Ridgeview Drive; D. Special event liquor license for Nicolino's Trackside 621 Ridgeview Drove; E. Picnic Permits; F. April 11, 2011 City Council meeting minutes; G. As Needed Checks; and H. List of Bills. CONSENT AGENDA TO: Mayor and City Council FROM: Tom Schmidt, Superintendent of Forestry & Park Planning FOR: April 18, 2011, Regular City Council Meeting RE: Arbor Day Resolution Background: Communities in the State of Illinois recognize Arbor Day on the last Friday in April each year. As a Tree City Community, the City of McHenry celebrates Arbor Day by passing the attached resolution and hosting a tree planting ceremony. The ceremony will be held at 3:00 PM on Friday, April 29 h, in the Municipal Center. In 2010, the City of McHenry was recognized as a seventeen year participant in the Tree City USA program sponsored by the Illinois Department of Natural Resources and the Arbor Day Foundation. Recommendation: To pass the attached resolution recognizing Friday, April 29, 2011, as Arbor Day in the City of McHenry R-11- RESOLUTION WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS, trees are a source of joy and spiritual renewal, and WHEREAS, the City of McHenry has been recognized as a Tree City USA for seventeen consecutive years by the Arbor Day Foundation and desires to continue its tree-planting ways, NOW, THEREFORE, BE IT RESOLVED by the Mayor and Aldermen that April 29, 2011 be known as Arbor Day in the City of McHenry. BE IT FURTHER RESOLVED, that a copy of this resolution is incorporated into the minutes of these proceedings, and that all citizens are encouraged to plant trees to gladden the hearts and promote the well being of present and future generations. PASSED and APPROVED this 181h day of April, 2011. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: Signed: Mayor ATTEST: City Clerk CONSENT AGENDA TO: Mayor and City Council FROM: Christopher J. Black, City Administrator FOR: April 18, 2011 Regular City Council Meeting RE: Transfer of Class B-3 Liquor License to 7-Eleven, Inc. ATT: Liquor License Application Background. The city was notified by 7-Eleven, Inc. that effective April 26t", MAII Corporation will no longer own the franchise store located at 3308 West Elm Street and 7-Eleven, Inc. will take ownership of the business until the franchise is sold. Pursuant to Municipal Code, this action requires a liquor license transfer. Analysis. 7-Eleven, Inc. hired a store manager who is conversant with State of Illinois liquor control regulations to manager the store. The new manager has been fingerprinted an dall fees have been paid. Recommendation: The Mayor recommends approval of this request subject to satisfactory fingerprint results and BASSET training for all employees involved in the retail sale of packaged beer and wine. Q CITY OF MCHENRY License No. rJ APPLICATION FOR LIQUOR LICENSE Fee Received Date Issued UNDER Date Received :� CITY OF MCHENRY LIQUOR CONTROL ,r}'- Date Effective ORDINANCE Receipt Issued On FISCAL YEAR 2010/2011 TO BE FILED WITH THE it C,} © �4 OFFICE OF THE MAYOR Check No. Cashier's Chk. ALL LICENSES EXPIRE APRIL 30 Cert.Check FOLLOWING DATE OF ISSUANCE Cash NAME OF BUSINESS,ADDRESS,&TELEPHONE#.: 1 ' I'e VC n ' 33642 3606 W E Y-A Sf c l rr r Z L (oCC5o (815)3e5-C C0(, 1. Please indicate form of ownership:CORPORATION PARTNERSHIP INDIVIDUAL/SOLE PROP. IF CORPORATION: vi 2. Corporation Name: -f=l {{.� Corporate Address: f 1 Z - 2,``MTh P{ 4- � ` (l a S Tn -1`�2'o l Corporate Phone Number: (�30 3ke f 0 3 14 S 3. State of Incorporation: 4. IF PARTNERSHIP: ( r� Name: 'V A Corporate Address: Corporate Phone Number: 5. State of Incorporation: IF INDIVIDUAL/SOLE PROP: f j 6. Applicant's Full Name: Social Security No.: Date of Birth: Residence Address: 7. Home Phone: Business Phone: 8. Citizen of U.S.? If a naturalized citizen,when and where naturalized? Court in which(or law under which)naturalized: 9. (A)If Applicant is a PARTNERSHIP,give name and address of all partners holding 5%or more of the partnership interest: Nr1A (B)If Applicant is CORPORATION,give name,address and telephone number of owners holding 5%or more shares and registered agent: No 0nz h 0 1 d S .5-/� C.),( c)fe S Lre � S4c real Afjni � 0r "fit W, 13e I n-r curl t- ANC: -H-L 5 7 2008 PAGE TWO 10. (A)If Applicant and Local Manager are not the same,give name,address and telephone number of Local Manager: J e� V c ,,;da n `'o W. � e;t ec- Ln tie ounef Leju -Tti r..- B)Loca Manager's: Date of Birth: 4-i(-o—J6 Place of Birth: ICc"Kymo !(� Citizen of U.S.? Ye,5 i 11. (A)Principal Type of Business: Cc'fi Vc(j, c t c e 12. (B)What is current zoning for this property? r Z-F-c.�' 13. Type of License Sought: C. 14�"S 0 14. Date on which business was begun at this location: (SA-LIf0- 0, C r7 e C4, A -Y,i 1 1 oo­l Ci S L- (" -e p"` 15. Does applicant own premises for which license is sought?NIf not,state name and address of owner and attach copy of executed lease. 14 i dne r 'Piro e r1 is :399 wall S-yce•,- enda - =L 6,137 .I 0Pd 16. If property is owned by a land trust,trustee must file affidavit disclosing names and addresses of all ben icial owners and percentage of interest. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church,school(except institutions of higher education),hospital,home for aged or indigent persons or for veterans and their families or any military or naval station? KC A. If answer to the above is"YES",is the applicant's place of business a hotel offering restaurant service,a regularly organized club,a food shop or other place where the sale of liquor is to the principal business? . If yes,how long has place of business been in operation? 18. If applicant has ever engaged in the business or sale of alcoholic liquor at retail,list address of all locations(may attach supplemental sheet). ( I;s - n He'cI-ect 19. Give applicant's Retailer's Occupational tax(ROT)Registration Number: �� I 20. Are you delinquent in the payment of the Retailer's Occupational Tax(Sales Tax),and if so,the reasons therefore: N Q 21. If this application is for a new license or a transferred license,attach to this Application a copy of Applicant's balance sheet and operating statement for the past three years,or if not available,other proof of financial responsibility. 22. State name and address of dram shop insurance company for both the licensee and owner of the building in which the alcoholic liquor will be sold for the duration of the license AND attach a copy of the declaration page showing the insured parties and amounts of coverage. 23. Describe parking facilities available to the business: 4''e'1 b 6 « S (Ulhri�flo Gt IC)r\ "CDn4- c-LnCl y5 h.d � I 24. Are you familiar with all the laws of the United States,State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor;and will you abide by them? 25. Will you maintain the entire premises in a safe,clean and sanitary manner free from conditions,which might cause accidents? 26. Will you attempt to prevent rowdiness,fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? Y if 27. Has any manufacturer,importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license,advanced money or anything else of value or any credit(other than merchandising credit in the ordinary course of business for a period not in excess of 90 days),or is such a person directly or indirectly interested in the ownership,conduct or operation of the place of business?_`o If answer is "YES",give particulars: !Ni /A 28.Have you,or in the case of a corporation,the owners of 5%or more shares of the corporation or the local manager,or in the case of partnership, any of the partners,ever been convicted of any violation of any law pertaining to alcoholic liquors? answer is"YES",explain: 29.Have you,or in the case of a corporation,the owners of 5%or more shares of the corporation an I the local manager,or in the case of a partnership,any of the partners,ever been convicted of either a felony or a misdemeanor? FJ.t If so,please describe: t%,11A 30.Is any individual who is directly or indirectly interested in applicant's place of business,a law-enforcing official or elected public official(mayor, alderman,and member of any City commission,committee or board)? If so,please state name and address of such person: 11 /14 2008 / PAGE THREE 31.List your occupation or employment with addresses thereof for the past 10 years(if partnership or corporation,list same information for each partner and the local manager—(please attach). 32.Have you ever been convicted of a gambling offense(if a partnership or co oration include all partners,owners of 5%or more shares of the corporation and the local manager)? t.t Q If so,give all details: 33.Has any owner(s)or member(s)of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation,has any officer,manager,or director thereof;or,any stockholder owning in the aggregate more than twenty(20)perce of he stock,been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? 34. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? Y �S 35. Have you,or any partner,or owner of 5%or more shares of the corporation or local manager,ever had a liquor license revoked or suspended? h!O 36. If so,give all details,including location of the licensed property(please attach). CAUTION: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license and/or the issuance of a fine. No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises,either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m.to 5:00 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic beverages (not including packaged liquor sales); or(b)alcoholic beverages in non-original containers, such as plastic cups. Only original containers, such as cans, bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code, to take place on the licensed premises or on, about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. 2008 PAGEFOUR AFFIDAVIT STATE OF ILLINOIS ) )SS COUNTY OF MCHENRY ) 1,the undersigned,being first duly swom,deposes and says that I(we),have read the above and foregoing Application,caused the answers to be provided thereto and all of the information given on said Application to be true and correct,and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. SOLE PROPRIETOR: Signature of Applicant Subscribed and sworn to before me this day of 20 NOTARY PUBLIC PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title Subscribed and swom to before me this day of 20 NOTARY PUBLIC CORPORATION: (Authorized Agent th bon gn ure A OFFICIAL SEAL Pli ;J'V� Prin N@_me SUSAPJ' L. SWANSON ( 00 NOTARY PUBLIC,STATE OF ILLINOIS Title MY COMMISSION EXPIRES 11.29-2011 Subscribe r]d sworn to before me this -- y A0 Z�S 20 NOTARY PUBLIC MANAGER: ign of cal Manager 1 Subscri rl swom to before me this / =NSOTARTPA .wvday �2.. 20 EAL SON E OF ILLINOISxos'ARY PUBLIC RES 11-29-2011 2008 CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: April 18, 2011 Regular City Council Meeting RE: Temporary Use Permit for Nicolino's Trackside ATT: Permit Application Site Plan Background. Nicolino's Trackside, located at 621 Ridgeview Drive, is requesting a temporary use permit to allow an outdoor party underneath a 40' X 40' tent at their restaurant located at 621 Ridgeview Drive. The event date is Saturday, May 7th, with setup and breakdown on May 6t" and May 8th. Attached is a site plan depicting the location of the tent and portable toilet. Analysis. This is an annual event Nicolino's has held for several years celebrating the Kentucky Derby. Eighty parking spaces will be available on-site. Recommendation: Staff recommends approval with the following conditions: 1. No signs, with the exception of the "No Parking" signs required as a condition of approval of this temporary use permit, are to be placed in city right-of-way at any time; 2. All temporary sign/banners used for this event be authorized in accordance with the regular temporary sign permit process; 3. No parking signs shall be posted on both sides of Ridgeview Drive from Bull Valley Road south of the landscape median and extending 20 feet south of the entrance to the subject property on the eastern and western sides of Ridgeview Drive; 4. No parking shall be permitted on any other private property without written authorization from the property owner. CITY OF MCHENRY PERMIT NO. TEMPORARY USE PERMIT APPLICAT�IION OFFICE USE ONLY APPLICANT NAME: �Q L�i✓ -S � G/C `S��" ZONING DIST: ADDRESS: �� 9< c� i' �f 4 �'`� Can and (city:)�1"/G���ti�L� (State:) �G (ZiP:) J�(� Neighbo{mood Services PHONE: ( /� T � O MOBILE: (_� APR 0 4 2011 FAX: r`� y`7� � �f> 7 7 E-MAIL: EVENTDATE(S)/HOURS: ,sic of McHenry PERMIT FEES EVENT ADDRESS: �� l /� �� 4,' FEE: GENERAL EVENT DESCRIPTION: — DEPOSIT: 4 N i C A - n COPIES: EXISTING LAND USE: �/l J i A ✓L 4 c-, 7 TOTAL: b f�� SETUP:(Date) ,�'14rAKF.DOWN:(Date) /'7A EXPIRATION DATE: OPEN TO PUBLIC: YES:, I0 ❑(Invitation only) ATTENDANCE(Projected) fy COUNCIL ACTION: ADMISSION FEE: YES: ❑$ NONE ". DATE: PARKING: NO.OF VEHICLES: S SELF a VALET ❑REMOTE/SHUTTLE ❑ APPROVED ❑ DENIED ❑ MUSIC: NONE YES ❑(If yes) ACOUSTIC ❑AMPLIFIED ❑ W/CONDITIONS : YES❑NO: ❑ TEMPORARY STRUCTURES: NO ❑YES (If yes,indicate number,size,and type) WILL EVENT BE ADVERTISED?: NO: ❑YES:0 (If yes,indicate where and how) PYROTECHNICS: NO: ('YES: ❑(If yes describe) SUBMITTAL CHECKLIST ❑ Completed temporary use permit application. (including property owner signature). ❑ Two copies of site plan showing event layout, location of all structures (existing and/or temporary), property lines, abutting streets, ingress/egress. ❑ Two copies of a parking plan including on site and/or remote parking/shuttle. ❑ Completed sign permit application, if applicable. I HEREBY CERTIFY THAT ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND TRUE AND THAT I WILL ABIDE BY ALL CITY OF MCHENRY ORDINANCES AND CODES RELATING To THE ISSUANCE OF THIS TEMPORARY USE PERMIT. SIGNED: L c DATE: (OWNE R ORIZED GENT) SIGNED: �� DATE: �A/ (PROPS OWNER) THIS PERMIT IS GRANTED AND ACCEPTED WITH THE EXPRESS UNDERSTANDING AND AGREEMENT THAT SAID TEMPORARY USE SHALL CONFORM IN ALL RESPECTS WITH THE ORDINANCES OF THE CITY OF MCHENRY AS NOW IN FORCE. DATE: (DIRECTOR CONSTRUCTION AND NEIGHBORHOOD SERVICES ....,,.l nR-IIIMTII rr r nvnrc 4nncn WHIZ) 3�i_717t1 i E 1 i Certtry'*Rcate- qf.Flame. Resistance } RE.GISTEREO ,. i FABRIC By:By Date of MaLifacture NUMBER JOHNSON OUTDOORS WC. ! 'BINGHAMTON,NEW YORIC.13902 011?009 F140.0I Manrrfactun3rs oflhe Fhtesf TentPMducts flescdbed Herein This isto•certifyAhat the products*herein have been manufactured from material inherentlyf)ame retardant•as here-after."specified:bythe maiterial slippiier. Classic Party Rentals!Chicago Party Rental 'NfiME McCook,II, i •GTY: ! Certification is hereby made that T"he•aAdleis described on this certtfrcaf<e•have been manufactured with an approved flame retardant chemical I M complidnde with -CallfCrryii State Fire Marshal Code, NFF•A-701',Underwriters Laboratory of Canada,and have been tested I •acodrdarice with:the Federaf Test Method Speclflcations and meet.or exceed-the Military Flame Speclflbations of MIL-0-430060. Type,cotbr and weight of irraterial 14oz,Vinyl,White Block Out Description of item certifleds 40x40 Frame Tent . Flame Retardant process Used Will Not Be Removed By Washir g A# d Is. Effective.For The Life Of The Fabric $nyd0;r..Manufaat,grirrg,Inc. s tlfanufadturer.of•Flame Ftetardant Vinyl Laminates TENT DERi4RTMENY.JOHNSON OUT ORS IN •. •.. ., ., 'LargeSgale. I j a . NVY 71 10'-0' CK I -- -----------------.------ ——————————————————————— ——— wmam 70 69 I. cm an. 68 I QLM Fu M on 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 67 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 66 65 amq 64 I I 1 '.. UM Anil Fan"W AM mlc 9anw mm as KRI 20 6 YAL WK P Ftn 11-e afM FaL NIBMac� 62 H DICAPPED 1 b 1B N MICOPED _ ----- — — —_ 77 7e 19 eo a;l — 82 B3 rf4 85 _ 2 17 sD. L-1--i 1 76 3 6 59 =' 1s I F 58 ` 75 T o 1 4 14 L7 57 0 74 coo 5 �( 13 56 73 6 12 _ 55 12 7 :5 . 11 54 --- / z b 53 1 an Mal 9 DUYPSIER am cm ofm al lima max B SEE 1B/A300 SEMACK ————— NOTES: 1E SIT PLAN 1. VERIFY UTIUTY LOCATIONS. 1'=20'-0' CONSENT AGENDA TO: Mayor and City Council FROM: Christopher J. Black, City Administrator FOR: April 18, 2011, Regular City Council Meeting RE: Nicolino's Trackside, 621 Ridgeview Drive ATT: Special Event Liquor License Application Joe Bono of Nicolino's Trackside located at 621 Ridgeview Drive is hosting a Kentucky Derby party on Saturday, May 7th from 11:00 AM to 7:00 PM. Mr. Bono is requesting a special event liquor license to allow outdoor service and consumption of alcohol in a tent setup in the parking lot of his establishment. Mr. Bono has submitted an application for special event liquor license, temporary use permit for a tent, and will have portable toilets available for his patrons at the event. Recommendation: To approve the request as presented from Nicolino's Trackside for a special event liquor license on Saturday, May 7, 2011, from 11:00 AM to 7:00 PM subsequent to City Council approval of the temporary use permit as presented. SPECIAL EVENT LIQUOR LICENSE APPLICATION CITY OF MCHENRY (State liquor licensing authority approval is required for this license) FEE $25.00 APPLICATION DATE I COMPANY OR ORGANIZATION: /(: O ���'✓ Ct .f �®Z. ��f i cX� ADDRESS: lL �( / t 1// c� n CITY: PHONE NUMBER: TYPE OF BUSINESS OR ORGANIZATION: 2. LICENSE APPLICANT: DATE OF BIRTH: ADDRESS: _5 19 /17 < AJ (_ CITY: DAYTIME TELEPHONE NO.: EVENING TELEPHONE NO. 3. LOCATION WHERE SPECIAL EVENT HELD: 6 %Z,�,C',4 (/A��/ �v (non-residenUd premises only) 4. OWNER OF LOCATION WHERE SPECIAL EVENT HELD: OWNER'S ADDRESS: �c� J �i�f { ��� �✓ CITY: /L TELEPHONE NUMBER:Al 5. DATE(S) OF EVENT: / "` y HOURS: I (not Piore than 3 days) 6. TYPE OF ALCOHOL TO BE SERVED: BEER WINE LIQUOR 7. NO UNDER-AGED OR INTOXICATED PERSON(S) SHALL BE SERVED ANY ALCOHOLIC BEVERAGES. 8. DRAM SHOP INSURANCE TO THE MAXIMUM LIMIT MUST BE OBTAINED AND A CERTIFICATE OF INSURANCE NAMING THE CITY OF MCHENRY AS ADDITIONALLY INSURED SHALL BE ATTACHED TO THIS APPLICATION. AFFIDAVIT C L-J 4�f 0•"� � hereby states that the City of McHenry shall not be held liable for any occurrence, loss,damage, or injury as a result of this event. Person or persons to whom this license has been issued shall hold the City of McHenry harmless in connection with any and all claims arising as a result of the consumption of alcoholic liquor or as a result of the issuance of this license. The undersigned certifies that they will not violate any of the laws of the City of McHenry,of the State of Illinois,or of the United States of America,in the conduct of this Special Event Li uor License and that the statements contained in this application are true and correct to the best of his/her kno is aware that state liquor licen ing approval s;7d for th icense. "OFFICIAL SEAL" LOIS E.GIESE Notary Public,State of Illinois Signature of Applicant SUBSCRIBED an SVOI�@I�ftasibd *WJ day of V1_ 201 kD Notary Public DATE ISSUED LICENSE NO. EFFECTIVE DATE(S) 0712008 CONSENT AGENDA To: Mayor and City Council From: Bill Hobson, Assistant City Administrator For: April 18, 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 April 18, 2011: Beer/Wine Permit Requests These are beer and wine permit requests associated with picnic permits. Date of Picnic Applicant Address 04/23 Janie Perez Baby Shower 4412 East Drive, Apt A, WL 06/05 Liane Bauer 81h Grade Grad 3614 W Grand Ave, McH 06/05 Megan Wright Grad 2613 Evergreen Cir, McH Special Use Application Requests There are special use application requests associated with picnic permits. Date of Picnic Applicant Address Special Use 06/04 Anja Hertel/The Chapel 3220 Bretons Dr, McH moonwalk, music, karaoke 07/22 Conlon & Thompson Orth 4104 W Crystal Lake Rd, Mc movie, dunk tank, inflatables, tent Music, tables, chairs, spray tattoos TConaway\pic perm list.doc NIMENRY PARI{ FACILITIES SPECIAL USE AND/OR BEERMINE APPLICATION •Contact Person— �� I t Date of Picnic: 2— Company/Organization: Address: �( f DK i-AA City/State/Zip: YV DN� �C��L Home Phone: Work/Cell Phone' Is-- Park: ❑ Knox Park Petersen Park Fl Veteran's Memorial Park Area: ❑ Srh�elt—e-r� S elter B ❑ Shelter C ❑ Other: Arrival Timeq W Departure Time Total Number Attendi�rg: Falsifying attendance numbers will result in loss of deposit. Water, electricity and restrooms are available at all sites. Please explain additional needs from the Parks Dept.: )O Groups of 500 or more must obtain additional: ❑ dumpsters 0 portable toilets Brief description of program(i.e. co picnic, car show, craft show, wedding, List all activities that will be held: Qo Items being brought into park site: ❑ tent ❑ tables ❑ chairs ❑ benches ❑ carnival rides ❑ music ❑ animals ❑ model planes ❑ other ❑ other Will beer/wine be present: Yes ❑ No IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS "Indicate the number of beer/wine permits issued to the undersigned this calendar yearNC_)ndicate the number of beer/wine permits 1 0. Indicate amount of beer/wine to be ought into the City Park under this permit on such date(number of wine bottles,beer cases,beer kegs, etc.) K-R'ee T,3) a 9 QD—cy) S 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 pernut. 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 t propert)r-I also der tand that not complying with the Park Perini rules wil result in loss of deposit. Signa re: Date: Health emits are required by law for co 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 Reservation Fee: $ Date Paid: J '+! _ Initials: Deposit Fee: $ �tN Payment: ash ❑ Check ❑ Charge Total Fee: $ 3cr� Submitted to City Council: Am I 19 . Confirmation Sent: Initials: City Council Approval: Forms\picnic forms\special use and beer and/or wine application L`AJLA .111:�J ui A-, dI&L 0)0 cfl\.l�/Uj\ LL' L' iV �111\L' r11lLj�l.t111111� act Person:_Aj Date of Picnic: Company/Organization: Address: City/State/Zip: Home Phone:_'91rj"S,,;" 25, Work/Cell Phone: I5 "�31�"J��PSLl Park: ❑ Knox Park ❑ Petersen Park v eteran's Memorial Park Area: helter A ielter B ❑ Shelter C ❑ Other: Arrival Time: Departure Time: Total NumberAtteudiug:—� Falsifying attendance numbers will result in loss of deposit. Water, electricity and restrooms are available at all sites. Please explain additional needs from the Parks Dept.: Groups of 500 or more must obtain additional: ❑ dumpsters ❑ portable toilets Brief description of program (i.e. co picnic, car show, craft show, wedding, etc.): List all activities that will be held: Items being brought into park site: ❑ tent ❑ tables ❑ chairs ❑ benches ❑ carnival rides ❑ music ❑ animals ❑ model planes ❑ other ❑ other Will beer/wine be present: 4 VIYes ❑ No IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS "Indicate the number of beer/wine permits issued to the undersigned this calendar year Indicate the number of beer/wine permits denied 6. 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.) a ���, 0 l� mil. ;A,p 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/o eer/wine application(s) and will assume responsibility for any loss, damage or liability arising from the use of the park pr erto I also understand that not complying with the Park Permit rules will result in loss of deposit. Signature: 1A Date: Za / / 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: OFFICE USE ONLY************* ******* ***«** ********************,*,^*****+**** Reservation Fee: $ 55 Date Paid: _ Initials: " y Deposit Fee: $ 01L Payment: 7 -/ Cash ❑ Check ❑ Charge Total Fee: $ % Submitted to City Council: Aoyl I IS'i _i Confirmation Sent: Initials: City Council Approval: Forms\picnic forms\special use and beer and/or wine application PAI *. IiACILYFIES SPECIAL USE AND/OR BEER/WINE APPLICATION r:;ctPerson: t Sl;��C19 GJ� 201u Date of Picnic: Company/Organization: Address: CD I �UP1�e�YP�`-1 r•� -y- \City/State/Zip: Home Phone: '�— �p"� tvork/Cell Phone: Park: ❑ Knox Park �Q Petersen Park Cl Veteran's Memorial Park Area: ❑ Shelter A ``Shelter B ❑ Shelter C ❑ Other: Arrival Time: Departure Time: h'v Total Number Attending: SO Falsifj ing attendance numbers will result in loss of deposit. Water, electricity and restrooms are available at all sites. Please explain additional needs from the Parks Dept.: Groups of 500 or more must obtain additional: ❑ dumpsters ❑ portable toilets Brief description of program(i.e. co picnic, car show, craft show, wedding, etc.): G r0 d U 0 Cy) Eat List all activities that will be held: J Items being brought into park site: ❑ tent 0 tables ❑ chairs ❑ benches ❑ carnival rides ❑ music ❑ animals ❑ model}Manes ❑ other 0 other 11 Will beer/wine be present: Yes ❑ No IF YOU CHECKED YES,-PLEASE ANSWER BELOW QUESTIONS "Indicate the number of eer/wine permits issued to the undersigned this calendar year Indicate the number of beer/wine permits denied Indicate amount of beer/wine to be brought into the City g ty Park under this permit on such date(number of wine bottles,beer cases,beer kegs, etc.) 2 C ase- S 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 r erty. I alsq understand that not complying with the Park Permit rules will result in loss of deposit. Signa 1 Date: &—SY2I Health ermits are req ' ed by law fo 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: OFFICE USE ONLY****************«******tt**************** Reservation Fee: $ 55 Date Paid: 1 Initials: Deposit Fee: $ �� is ❑ Cash [Check ❑ Charge Total Fee $_ Submitted to City Council: /d J 110011 Confirmation Sent: Initials: City Council Approval: Fonns\picnic fonns\special use and beer and/or wine application ,• I MC1C FACILITIES SPECIAL USE AND/Ull BEER/VV1NE-���1++,PPL1( ' ION act Person: �! ' ''� Date of Picni Company/Organization: a- Address: City/State/Zip: /" ��'lione: --:�3 VV- 6,,2 X kCell Phone: y/' - J -� Park: ❑ Knox Park ❑ Petersen Park keteran's Memorial Park Area: helter A XShelteer B ❑ Shelter C ❑ Other: Arrival Time: ql "M Departure Time: 17 M Total Number Attending: /L Falsifj,ing attendance numbers will result in loss of deposit. Water, electricity and restrooms are available at all sites. Please explain additional needs from the Parks Dept.: Groups of 500 or more must obtain additional: ❑ dumpsters ❑ portable toilets Brief description of program(i.e. co picnic, car show, craft show, wedding, etc.): ti TAG List all activities that will be held: Items being brought into park site: ❑ tent ❑ tables ❑ chairs ❑ benches ❑ carnival rides ❑ music ❑ animals ❑ model planes other ❑ other X!(Z Will beer/wine be present: ❑ Yes ANO IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS "Indicate the number of beer/wine permits issued to the undersigned this calendar year . Indicate the number of beer/wine permits denied_. 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.) 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 pro e ty. I also /understand that not complying with the Park Permit ru psZw*ljl result in loss of deposit. Signature: o / Dal Health permits are equired 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: OFFICE USE Reservation Fee: $ 0�_ Date Paid: _ Initials: Deposit Fee: $ :XJ Payment: ❑ Cash Check ❑ Charge Total Fee: $ f Submitted to City Council: &f-I Confirmation Sent: Initials: City Council Approval: Fonns\picnic formAspecial use and beer and/or wine application a lop- ate of Picnic/Event b4t SPECIAL USE APPLICATION - PARK FACILITIES I� Company or Organization: 0 ('' �-\A- G Contact Person:_����� C��,�- �yv\ �k 1c�� vJ �.�r v�-F _ k Address: a, �,� -P\� , City/State/Zip: OQ� Home Phone: Lkq A:-A a Q)S 1 Work Phone: Park: q Knox Park q Petersen Park q Veteran's Memorial Park Area: �q Shelter A q Shelter B Arrival Time: 1 Departure Time: yv� To�tpal Number Attending:�`��` T� S Td'c} tv\ Falsifying attendance numbers�wt result i`n loss f�feposit�� rnov i Will beer/wine be present: q Yes (complete beer/wine application) OqNo Brief description of program (i.e. company picnic, car show, craft show, etc.): ��' AAT Q (,�►Q 1 rQ�� List all activities that will be held: Moy Jia ab 5cr�R n c U U iblCS ons �r\��a-4alnl�.slidzs e��• �. •cr`o� m�t�i c c��corn , s��-o�—con�.s c,a�c�n can >u SV'�1Sdi'. J , 'J-n spec ViQ. �2 Items brought into park site: �tent� ,tab14 chairsxbenches �c� n music q animals q model planes ` other-1410io,146 other to other \_ 'other Groups of 500 or more must obtain additional: �dumpsters portable toilets ��Vov r\ fro up 15 Smt k� � � Water, electricity and restrooms are available at all sites. Please explain any addition 1t'utilipvities needed: w e a�ve r-I a ie�. f h s-�a o� dele�� e. �Ia ask -��t R,r Wash, Health permits are require�y law f(pr co cessions n ca en Make arrangeme s to o tam permits.V p `` -Fbi 1e--r have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the special use application and will assume responsibility for any loss, damage or liability arising from the use of the park property. Signature:—(;Va.. Date: NOTE: Approval will be based n the items listed above. Any other requests are subject to further approval. **************************************FOR OFFICE USE ONLY************************************** Reservation Fee: 0 Deposit Fee: $ +� Date Paid: -:, c-�'VV j � � 1 Initials: '\- Total Fee: $ 2J c G� Payment: q Cash4z;� Charge City Council Approval: -h� �` Y /k �� Confirmation Sent: Initials: Restrictions: Forms\picnic forms\special use application REGULAR MEETING APRIL 11, 2011 Mayor Low called the regularly scheduled April 11, 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, Peterson, and Condon. Absent: None. Also in attendance were City Administrator Black, Deputy City Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Construction and Neighborhood Services Director Schwalenberg, Public Works Director Schmitt, Chief of Police Jones. PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minutes of Public Input. CONSENT AGENDA Motion by Wimmer, seconded by Santi,to approve the Consent Agenda as presented: A. Temporary Use Permit for outdoor garden center-Jewel/Osco;4222 West Elm Street B. Temporary Use Permit for construction trailer-Shaces McNutt Construction,3901 Mercy Drive; c. City council Minutes: April 4,2011 regularly scheduled meeting; D. List of Bills: AALTO, BRIAN 28.63 ADAMS ENTERPRISES INC, R 1,390.41 ADAMS STEEL SERVICE INC 1,026.28 ALL AROUND WELDING INC 200.00 ARAMARK 290.69 AT&T 31.43 AUTO TECH CENTERS INC 8.25 BANKCARD PROCESSING CENT 1,232.68 BAXTER & WOODMAN 32.50 BELL, STEPHEN 50.00 BROWN, JUDY I 125.00 BURRAFATO, SAM 70.69 BURRIS EQUIPMENT COMPANY 30.45 BUSS FORD SALES 76.02 CHICAGO INTERNATIONAL TR 24.08 CLESEN, NICHOLAS 66.49 COMCAST CABLE 74.90 COMED 30,392.15 CONSERV FS 49.90 CUNAT CORP 60.00 CYNOWA, LEROY 169.00 DOCUMENT IMAGING DIMENSI 725.00 DREISILKER ELECTRIC MOTO 18.66 DUHAMEL, GARY 37.64 ED'S AUTOMOTIVE/JIM'S MU 115.00 FOREMAN & COMPANY, JOSEP 60.00 GROVE, KELLY 804.38 GRUNDER, HELENE 95.00 HAWKINS INC 3,283.70 HD SUPPLY WATERWORKS 648.00 ILLINOIS AUDIO PRODUCTIO 135.00 JENSEN SALES CO INC, LEE 1,300.00 KALE UNIFORMS INC 198.13 KIMBALL MIDWEST 242.55 KING, LAURA 8.00 KLEAN, TRACY 108.41 LANG PONTIAC-CADILLAC-SU 1.55 LEE AUTO MCHENRY 832.81 Regular Meeting Page 2 April 11,2011 LUNKENHEIMER, JOHN 135.00 MACE, DOUG 7.51 MATUSZEWICH, JOYCE 15.00 MCANDREWS PC, THE LAW OF 6,800.00 MCAULIFF & SEMROW PC 862.50 MCCANN INDUSTRIES INC 257.69 MCHENRY COUNTY COUNCIL 0 140.00 MEYER MATERIAL COMPANY 61.20 MID AMERICAN WATER OF WA 189.94 MINUTEMAN PRESS OF MCH 670.08 NESTER, F PETER 31.01 NORTH EAST MULTI-REGIONA 400.00 PATTEN INDUSTRIES INC 466.80 PEPSI BEVERAGE COMPANY 280.36 PETROLIANCE LLC 4,244.06 PETTIBONE & CO, P F 210.50 PRATHER, PAUL 5.08 PRECISION SHARPENING 11.00 RADICOM INC 1,448.00 SIRCHIE FINGER PRINT LAB 335.22 STANS OFFICE TECHNOLOGIE 145.63 STAPLES ADVANTAGE 827.76 TRIKHA, SHEEL K 1,421.00 USA BLUEBOOK 99.57 VALENTINES REPAIR 87.67 VALLEY VIEW ACRES 170.00 WASILOWSKI, CONNIE 378.00 ZARNOTH BRUSH WORKS INC 628.00 TOTALS 64,371.96 FUND TOTALS GENERAL FUND 52,223.87 DEVELOPER DONATION FUND 16.00CR WATER/SEWER FUND 10,252.00 MARINA OPERATIONS FUND 61.20 RISK MANAGEMENT FUND 648.00 INFORMATION TECHNOLOGY FUND 1,102.89 POLICE PENSION FUND 100.00 TOTALS 64,371.96 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. TEMPORARY SIGN VARIANCE AND REQUEST FOR WAIVER OF FEES - STEFFAN'S JEWELERS 325 NORTH FRONT STREET Deputy Administrator Martin stated a request was submitted for a temporary sign variance by Steffan's Jewelers located at 325 North Front Street. Business Owner Suzanne Cannon is requesting a variance to allow the installation of an 80 square foot banner to be displayed on the Fountain Shoppes building until the end of December 2011. The sign ordinance provides for display of temporary signs subject to the following restrictions: 1. Sign cannot exceed 32 square feet in area; 2. Sign cannot be displayed for more than 30 days at one time and no more than 60 cumulative days per calendar year. 3. Temporary signs are permitted for a maximum of four times per calendar year; and 4. A minimum of 30 days must elapse between each of the four temporary sign display periods. Regular Meeting Page 3 April 11,2011 Deputy Administrator Martin noted the applicant has also requested a waiver of the temporary sign variance fee. Alderman Condon stated she would support the sign variance but not the waiver of the variance application fee. Motion by Condon, seconded by Schaefer,to accept Staff's recommendation to approve a temporary sign variance allowing an 80 square foot banner to be posted on the Fountain Shoppes building located at 325 North Front Street from April 11, 2011 until December 31, 2011, subject to the condition that the banner be replaced if it becomes worn or tattered, and that the request for waiver of the variance application fee in the amount of$175 be denied. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. THIRD AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE FORMER MEDICAL ARTS BUILDING SITE City Administrator Black stated Council in 2007 entered into a redevelopment agreement for the property located at 1110 North Green Street, the site of the former Medical Arts Building. Two subsequent amendments to the original redevelopment agreement were approved in 2008 and 2009. First Midwest Bank has taken title to the property from the original developer. In addition, First Midwest Bank has entered into a contract purchase agreement with 1110 N Green Street LLC. The purchase of the property is contingent upon City Council approval of an amendment to the original redevelopment agreement and its amendments. City Administrator Black stated the primary issues contained within the proposed third amendment include: 1. Conversion of the residential dwelling units from individual condominiums to apartments; 2. Creation of rental and property standards for the development in an effort to ensure quality of the property; 3. Establishment of deadlines for completion of the "Wahl" parking lot and the residential units; 4. Disposition of the remaining financial incentives for the project; 5. Modification of terms relating to the eight boat slips provided to the developer as part of the original redevelopment agreement. City Administrator Black noted Mr. Roy Blawise of the 1110 North Green Street LLC, the consortium contemplating purchase of the property, is in attendance at this evening's meeting. The group is qualified to undertake a project of this type and magnitude. He noted the most Regular Meeting Page 4 April 11,2011 viable option in the current financial market is to convert the condominiums to rental units. He stated both Staff and the developer are cognizant of parking issues. Mayor Low announced she would first open the floor to discussion, comments and questions from the City Council. Subsequently, in spite of the fact that this is not a public hearing, she would open the floor to questions and comments from the audience. Alderman Blake inquired as to the proposed rental cost of an apartment. Mr. Blavvise stated the group's vision is that it be a premier building for the City of McHenry. He stated the rent would likely be $1 to $1.20 per square foot ($1,200-$1,700 per unit). He noted the rent would depend upon what the market could bear. The project would be offering amenities and a lifestyle; a gym/fitness center and business center would be included. He also opined the retail available in the building offers a nice amenity as well. Prospective tenants would be attracted to the building, its amenities and its location. Alderman Blake inquired if the fitness center would be open to the public. Mr. Blavvise responded in the negative; it would be reserved for the exclusive use of the residents. Alderman Condon expressed concern with leaving the conversion back to condos open- ended. She stated she would be willing to go with rentals for 3 to 4 years with the ability for reconsideration at that time. She would be willing to go up to four years with the rental option. If the economy has not recovered at that time, then the rental/condo options should be discussed and the project re-evaluated. Alderman Schaefer noted the City Council and the City of McHenry provided incentives for this project based on its being a condominium development. He stated the City needs to work toward that end and protect the City's investment in the property. Decisions need to be made for a pinnacle piece of property in the City. The market will dictate what direction the property takes. Alderman Glab inquired if property index numbers have been established for each unit. Deputy Administrator Martin responded in the negative. No vertical plat has been established. Alderman Glab inquired if the units went from condominium to apartment would the City realize a reduction in property tax revenue. He stated he has no problem with rentals of condominiums for three to four years. There is no need to allow the units to become apartments. He stated he would be more comfortable if each unit was a condo and had a property index number for tax purposes. He stated he concurred with Alderman Condon regarding not having an open-ended rental agreement. Alderman Peterson asked if the developer would consider a rent to own option. Mr. Blavvise responded the market is not conducive to selling condos at this time. The group would consider rent to own, as the ultimate plan for this project is to be a condo building. Alderman Peterson expressed concern regarding parking. Mr. Blavvise stated he met with Alderman Santi Regular Meeting Page 5 April 11,2011 yesterday at the property and concurred that (lack of) parking is an issue. Mr. Blavvise stated there appears to be a real push from the City to rectify the parking issues. There are certainly ways available to improve the situation. The group wants the project to be a success. Alderman Wimmer asked if there is a marketing plan in place for the project. Mr. Blavvise stated the LLC first needs to know that they are moving forward with purchasing the building. The building has had a lot of bad publicity during the last few years. It needs some assistance with its image. Alderman Santi expressed his appreciation to Mr. Blavvise for the time spent yesterday at the building site. He noted the building is in his Ward and he wants to make certain the building maintains its integrity. Alderman Santi inquired as to the time frame should the LLC purchase the building. Mr. Blavvise responded the following steps would occur from May until September: 1. Finish the units; 2. Open the leasing center; 3. Aim for 80%occupancy by October 315t; 4. Enhance the lobby; 5. Reach out for additional retail businesses. Alderman Blake noted everyone would like to see the project succeed. City Attorney McArdle noted the main issue during ongoing discussions with Attorney Steve Cuda, the attorney for LLC, was defining a drop-dead date for conversion to condo units. He questioned what is the market standard that determines when the building goes condo? Council needs a comfort zone regarding when the building would be required to convert to condos. Alderman Condon stated she likes the amenities and the exclusivity of the fitness and business centers. Permitting rentals now would help everyone. It needs to be a collaborative effort. She stated she does not feel she can commit to the project until she knows "approximately" when the condo conversion will take place. Attorney Cuda inquired what the criteria are for "when the market comes back". The issue needs to be specific for an agreement to be enforceable. What issues will be discussed four years from now? Alderman Condon stated right now the building includes condominiums. Council is making concessions, justifiably, considering apartments. Attorney Cuda stated he is unable to determine when the building should convert back to condos. Alderman Glab opined the building should retain the condos. This is the City's vision for the building. He opined it would set a poor precedent to allow apartments in the building. Regular Meeting Page 6 April 11,2011 Attorney Cuda stated apartments are getting a bad rap. It is not the designation "condo" or "apartment"that determines the quality of a building. Alderman Glab expressed concerns with the piers/slips sale structure within the agreement. Attorney Cuda explained the structure in the proposed third amendment is more favorable to the City than in previous amendments to the agreement. Mayor Low noted the project from the beginning has been a challenge. It is difficult to make decisions in the best interest of the City. In addition to the residential portion of the building, there are thriving businesses in the building. The City has an obligation to the existing businesses in the building and businesses in the downtown area. Mayor Low stated she understands the process is difficult. Council has to look at things from a different point of view. Mayor Low stated she believes in the concept presented at this evening's meeting. Further discussion ensued regarding a potential trigger for condo conversion between Alderman Condon and Mr. Blavvise. City Administrator Black stated the intent and direction is clear from Council. Perhaps it is time for the attorneys to discuss some options. Alderman Santi stated he cannot support a rental proposal without seeing a plan regarding access and egress. Attorney Cuda stated that would be addressed in site development plans. Mayor Low stated she believes Alderman Santi is not referring to accessing the site. Alderman Santi stated he discussed parking garage issues with Mr. Blavvise. If Council approves the new plan, convenience factor for tenants has not been addressed. The number of parking spaces and their configuration is not amenable to tenants. Alderman Schaefer noted the entrance to the site has been altered and it is awkward. Alderman Peterson stated he would like to see the building be maintained as a quality building if rentals are allowed. Mayor Low inquired if there were additional comments or questions from the City Council. Alderman Glab noted he would not support the project unless it is developed as condos, although he has no objection to rentals if it is only for a brief period. Alderman Wimmer noted the developers could walk away as they might not want to be dictated to in four years. Regular Meeting Page 7 April 11,2011 Alderman Schaefer stated he is comfortable with the rental concept but would want a provision that the building be converted back to condos. Alderman Peterson stated he has an open mind with regard to the proposal and noted he would like to hear from the business owners currently in the building. Mr. Jo Scarnato, owner of Buddyz, stated there is always a risk with business. The bank that currently owns the building is not interested in investing any money in the building. The bank has not addressed leaking roofs or other issues. There are many issues which need to be resolved. Mr. Scarnato stated he believed in the Riverwalk project from the beginning. Ms. Jevonne Riley, owner of JR Salon, noted she is a tenant in both the retail portion as well as the residential part of the building. The original vision for the building is not what is actually happening. She expressed concern with the safety of the building. She opined Council must be open-minded and willing to make changes if the project is to succeed. Rose Lillegard, owner of Some Other Nuts, located north of the subject property on Green Street, noted the question has been raised — would the rentals be for single-family or multi-family residences. She also questioned how the rental rules and regulations would be enforced. Attorney Cuda responded the units would rent as single-family residences and regulations would be enforced by the building owner. Ms. Lillegard inquired if the City has only one zoning officer. City Administrator Black responded there are multiple Staff in the department whose responsibilities include zoning enforcement. Ms. Lillegard inquired as to the amount of real estate taxes the property would generate. City Administrator Black responded the City does.not have any delusions about the amount of real estate taxes the property will generate. He estimated the property would generate approximately$100,000 annually in property taxes. Mayor Low expressed her appreciation to the community for attending and participating in this evening's discussion regarding the proposal. She stated her belief that further discussions are necessary. She stated she does not believe the Council is prepared to make a decision regarding this proposal this evening. Attorney Cuda concurred with Mayor Low and noted the proposed amendment to the redevelopment agreement needs to be tweaked prior to action by the City Council. Mr. Blawise noted as far as tenants are concerned, it is a short rental season. The developers would like to address this matter sooner rather than later. He opined it is in no one's best interest for the building to remain in its current state. Regular Meeting Page 8 April 11,2011 Mayor Low suggested Attorney Cuda and City Attorney McArdle further discuss the matter and return to Council with a modified amendment to the agreement. Mayor Low expressed her gratitude to all who attended this evening's meeting. MAYOR STATEMENT AND REPORT Mayor Low congratulated Alderman Blake on his election as Alderman. She also congratulated Aldermen Glab, Peterson and Condon on their re-election. Mayor Low reported on Thursday, April 14th she will be judging a coloring contest for the City's 175th anniversary birthday card. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS Assistant Administrator Hobson reported the United Way 5K Run will take place Saturday, April 16th at 9 a.m. in the McHenry Corporate Center. Assistant Administrator Hobson also reported the Jaycees annual Easter Egg Hunt is scheduled for Sunday, April 17th at 11 a.m. in Petersen Park. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. ADJOURNMENT Motion by Condon, seconded by Wimmer,to adjourn the meeting at 9:37 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 9:37 p.m. Mayor City Clerk SATE 3/31/2011 04:36 PM CITY OF MCHENRY PAGE 1 AS-NEEDED CHECKS COUNCIL MEETING 4/18/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11030423 XXXXX XXXXX 6289 BANKCARD PROCESSING CENT FEB 2011 SUPPLIES 03/14/11 M 031411 4,099.81 744805 100.46.5110 1103 031411 GLJ1841 137.00 031411 100.46.6920 1103 031411 GLJ1841 1.82 031411 100.47.5110 1103 031411 GLJ1841 3423.00 031411 100.47.6110 1103 031411 GLJ1841 88.00 031411 620.00.6270 1103 031411 GLJ1841 449.99 031411 11030418 100 22 2032 BATTERIES PLUS 287100100 BATTERIES 03/04/11 M 030411 303.00 744713 100.22.6110 1103 030411 GLJ1785 303.00 030411 11030857 600 00 2408 BLUE CROSS BLUE SHIELD 0 830865HEALTH & DENTAL PREMIUMS 03/25/11 M 032511 119,384.95 744905 600.00.4310 1103 032511 GLJ1875 111896.19 032511 600.00.4320 1103 032511 GLJ1875 7488.76 032511 11030415 100 46 3272 CHICAGO FLOWER & GARDEN 3/11/11 PARKS FIELD TRIP TICKETS 03/03/11 M 030311 130.00 744710 100.46.5110 1103 030311 GLJ1771 130.00 030311 11030420 100 33 3528 COMED 8990135056CHECK REPLACEMENT 11/15/10 03/14/11 M 031411 21,725.56 744806 STREET LIGHTS 100.33.5520 1103 031411 GLJ1841 21725.56 031411 11030421 100 33 3528 CONED 5433098004CHECK REPLACEMENT 11/15/10 03/14/11 M 031411 1,925.13 744806 STREET LIGHTS 100.33.5520 1103 031411 GLJ1841 1925.13 031411 11030417 610 00 6143 FEDEX 740420483 OVERNITE MAIL 03/04/11 M 030411 24.70 744711 610.00.5980 1103 030411 GLJ1776 24.70 030411 11030176 100 9419 FOP UNITS I/II PD UNION DUE 03/31/11 M 030411 912.00 744908 100.214 1103 030411 GLJ1761 912.00 030411 11030593 100 9419 FOP UNITS I/II PD UNION DUE 03/31/11 M 031811 912.00 744908 100.214 1103 031811 GLJ1848 912.00 031811 11030419 100 XXXXX 8527 HOME DEPOT/GECF JAN/FEB 11MATERIALS & SUPPLIES 03/08/11 M 030811 2,009.61 744804 100.01.6110 1103 030811 GLJ1798 170.79 030811 100.01.6270 1103 030811 GLJ1798 458.95 030811 100.33.6110 1103 030811 GLJ1798 659.71 030811 100.44.6110 1103 030811 GLJ1798 107.79 030811 100.45.6110 1103 030811 GLJ1798 612.37 030811 11030825 100 22 9413 ILLINOIS STATE POLICE GARDEN QUARTER VOLUNTEER 03/18/11 M 031811 20.00 744808 FINGERPRINTING 100.22.6210 1103 031811 GLJ1861 20.00 031811 11030180 100 9529 IUCE, LOCAL 150 UNION DUES 03/31/11 M 030411 242.55 744909 100.218 1103 030411 GLJ1761 242.55 030411 11030184 100 9528 IUOE, LOCAL 150 UNION ADM DU 03/31/11 M 030411 753.84 744910 100.218 1103 030411 GLJ1761 753.84 030411 . e ► DATE 3/31/2011 04:36 PM CITY OF MCHENRY PAGE 2 AS-NEEDED CHECKS COUNCIL MEETING 4/18/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11030596 100 9529 IUOE, LOCAL 150 UNION DUES 03/31/11 M 031811 242.55 744911 100.218 1103 031811 GLJ1848 242.55 031811 11030600 100 9528 IUOE, LOCAL 150 UNION ADM DU 03/31/11 M 031811 753.84 744912 100.218 1103 031811 GLJ1848 753.84 031811 11030822 215 00 14247 MCHENRY AREA CHAMBER OF FOX 03/14/11 M 031811 50.00 1041 215.00.6110 1103 031811 GLJ1861 50.00 031811 11030823 100 XXXXX 14294 MCHENRY COUNTY SWCD 3/25/11 DRAINAGE WORKSHOP 03/18/11 M 031811 45.00 744809 REGNER, SCHMITT, STULL 100.33.5430 1103 031811 GLJ1861 SCHMITT 15.00 031811 100.33.5430 1103 031811 GLJ1861 STULL 15.00 031811 100.03.5430 1103 031811 GLJ1861 REGNER 15.00 031811 11010162 100 14268 MCHENRY POLICE OFFICER'S POLICE ASN 03/31/11 M 010711 132.00 744913 100.207 1101 010711 GLJ1457 132.00 010711 11010642 100 14268 MCHENRY POLICE OFFICER'S POLICE ASN 03/31/11 M 012111 135.00 744913 100.207 1101 012111 GLJ1526 135.00 012111 11020241 100 14268 MCHENRY POLICE OFFICER'S POLICE ASN 03/31/11 M 020411 135.00 744913 100.207 1102 020411 GLJ1621 135.00 020411 11020611 100 14268 MCHENRY POLICE OFFICER'S POLICE ASN 03/31/11 M 021811 135.00 744913 100.207 1102 021811 GLJ1681 135.00 021811 11030171 100 14268 MCHENRY POLICE OFFICER'S POLICE ASN 03/31/11 M 030411 135.00 744913 100.207 1103 030411 GLJ1761 135.00 030411 11030589 100 14268 MCHENRY POLICE OFFICER'S POLICE ASN 03/31/11 M 031811 135.00 744913 100.207 1103 031811 GLJ1846 135.00 031811 11030175 100 15019 NATIONAL GUARDIAN LIFE I UNIV. LIFE 03/31/11 M 030411 21.17 744914 100.2191 1103 030411 GLJ1761 21.17 030411 11030592 100 15019 NATIONAL GUARDIAN LIFE I UNIV. LIFE 03/31/11 M 031811 21.16 744914 100.2191 1103 031811 GLJ1848 21.16 031811 11030172 100 15079 NCPERS GROUP LIFE INS. IMRF LIFE 03/31/11 M 030411 256.00 744915 100.2041 1103 030411 GLJ1761 256.00 030411 11030859 100 XXXXX 17295 PITNEY BOWES INC 10737039 MAILING MACHINE POSTAGE 03/25/11 M 032511 1,401.54 744906 100.01.5310 1103 032511 GLJ1875 83.28 032511 100.02.5310 1103 032511 GLJ1875 156.23 032511 100.03.5310 1103 032511 GLJ1875 116.92 032511 100.04.5310 1103 032511 GLJ1875 423.39 032511 100.22.5310 1103 032511 GLJ1875 264.94 032511 100.30.5310 1103 032511 GLJ1875 1.76 032511 100.41.5310 1103 032511 GLJ1875 355.02 032511 ,i�ATE 3/31/2011 04:36 PM CITY OF MCHENRY PAGE 3 AS-NEEDED CHECKS COUNCIL MEETING 4/18/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11030860 510 XXXXX 17295 PITNEY BOWES INC 10737039 MAILING MACHINE POSTAGE 03/25/11 M 032511 636.32 510872 510.31.5310 1103 032511 GLJ1875 619.09 032511 510.32.5310 1103 032511 GLJ1875 17.23 032511 11030416 100 04 17550 POSTMASTER MCHENRY IL POSTAGE FOR WATER/SEWER BILLS 03/04/11 M 030411 941.29 744712 100.04.5310 1103 030411 GLJ1776 941.29 030411 11030422 100 XXXXX 17550 POSTMASTER MCHENRY IL PERMIT 48 POSTAGE FOR PARKS BROCHURE 03/14/11 M 031411 650.00 744807 100.46.5310 1103 031411 GLJ1841 325.00 031411 100.47.5310 1103 031411 GLJ1841 325.00 031411 11031037 100 XXXXX 17644 PRE-PAID LEGAL SERVICES 122659MONTHLY PAYROLL DEDUCTIONS 03/31/11 M 033111 142.45 744916 100.2192 1103 033111 GLJ1893 142.45 033111 11030824 100 04 22497 UNITED PARCEL SERVICE 60X485111 UPS CHARGES 03/18/11 M 031811 80.00 744810 100.04.5310 1103 031811 GLJ1861 80.00 031811 11030858 100 XXXXX 22497 UNITED PARCEL SERVICE 60X485121 UPS CHARGES 03/25/11 M 032511 26.66 744907 100.30.5310 1103 032511 GLJ1875 16.66 032511 100.04.5310 1103 032511 GLJ1875 10.00 032511 11031041 100 04 22497 UNITED PARCEL SERVICE 60X485131 UPS CHARGES 03/31/11 M 033111 10.00 744917 100.04.5310 1103 033111 GLJ1893 10.00 033111 11031042 510 31 22497 UNITED PARCEL SERVICE 60X485131 UPS CHARGES 03/31/11 M 033111 15.94 510873 510.31.5310 1103 033111 GLJ1893 15.94 033111 11010161 100 22498 UNITED WAY OF MCHENRY CO UNITED WAY 03/31/11 M 010711 28.04 744918 100.205 1101 010711 GLJ1457 28.04 010711 11010641 100 22498 UNITED WAY OF MCHENRY CO UNITED WAY 03/31/11 M 012111 28.04 744918 100.205 1101 012111 GLJ1526 28.04 012111 11020240 100 22498 UNITED WAY OF MCHENRY CO UNITED WAY 03/31/11 M 020411 28.04 744918 100.205 1102 020411 GLJ1621 26.04 020411 11020610 100 22498 UNITED WAY OF MCHENRY CO UNITED WAY 03/31/11 M 021811 28.04 744918 100.205 1102 021811 GLJ1681 28.04 021811 11030170 100 22498 UNITED WAY OF MCHENRY CO UNITED WAY 03/31/11 M 030411 28.04 744918 100.205 1103 030411 GLJ1761 28.04 030411 11030588 100 22498 UNITED WAY OF MCHENRY CO UNITED WAY 03/31/11 M 031811 28.04 744918 100.205 1103 031811 GLJ1848 28.04 031811 11031038 100 XXXXX 22521 UNUM 13327BLIFE INSURANCE PREMIUMS 03/31/11 M 033111 677.35 744919 100.01.4330 1103 033111 GLJ1893 70.30 033111 100.02.4330 1103 033111 GLJ1893 5.70 033111 100.04.4330 1103 033111 GLJ1893 20.80 033111 100.22.4330 1103 033111 GLJ1893 345.56 033111 100.30.4330 1103 033111 GLJ1893 11.40 033111 DATE 3/31/2011 04:36 PM CITY OF MCHENRY PAGE 4 AS-NEEDED CHECKS COUNCIL MEETING 4/18/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 100.33.4330 1103 033111 GLJ1893 102.60 033111 100.03.4330 1103 033111 GLJ1893 37.05 033111 100.41.4330 1103 033111 GLJ1893 62.70 033111 100.224 1103 033111 GLJ1893 21.24 033111 11031039 510 XXXXX 22521 UNUM 133278LIFE INSURANCE PREMIUMS 03/31/11 M 033111 116.85 510874 510.31.4330 1103 033111 GLJ1893 59.85 033111 510.32.4330 1103 033111 GLJ1893 57.00 033111 11031040 100 XXXXX 22521 UNUM 133279-001VOLUNTARY INSURANCE 03/31/11 M 033111 643.05 744919 100.2241 1103 033111 GLJ1893 643.05 033111 EXPENDED LIQUID ACCRUAL GRAND TOTALS 160,149.56 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 39,470.81 215 MCHENRY AREA CHARACTER COUNTS 50.00 510 WATER/SEWER FUND 769.11 600 EMPLOYEE INSURANCE FUND 119,384.95 610 RISK MANAGEMENT FUND 24.70 620 INFORMATION TECHNOLOGY FUND 449.99 **** 160,149.56 DATE 4/13/2011 11:46 AM CITY OF MCHENRY PAGE 1 ' LIST OF BILLS COUNCIL MEETING 4/18/11 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 _ ------------ 11040405 100 00 2 7-ELEVEN INC REFUND LIQUOR/FOOD LICENSE 04/18/11 0 041311 30.00 100.00.3320 1104 041311 GLJ1921 30.00 041311 11040308 100 XXXXX 1071 ACE HARDWARE, BJORKMAN'S MARCH 2011MATERIALS & SUPPLIES 04/18/11 0 041211 1,117.29 100.01.6110 1104 041211 GLJ1920 260.31 041211 100.33.4510 1104 041211 GLJ1920 127.31 041211 100.33.5370 1104 041211 GLJ1920 41.38 041211 100.33.6110 1104 041211 GLJ1920 510.38 041211 100.45.6110 1104 041211 GLJ1920 177.91 041211 11040309 510 XXXXX 1071 ACE HARDWARE, BJORKMAN'S MARCH 2011MATERIALS & SUPPLIES 04/18/11 0 041211 1,272.94 510.31.4510 1104 041211 GLJ1920 87.26 041211 510.31.6110 1104 041211 GLJ1920 336.20 041211 510.32.6110 1104 041211 GLJ1920 849.48 041211 11040310 100 22 1200 AFTERMATH INC JC10-44 BIO-HAZARD CLEAN UP 04/18/11 0 041211 95.00 100.22.5110 1104 041211 GLJ1920 95.00 041211 11040311 100 33 1256 AHLBORN EQUIPMENT INC 68062 SUPPLIES 04/18/11 0 041211 183.13 100.33.5370 1104 041211 GLJ1920 183.13 041211 11040312 100 33 1256 AHLBORN EQUIPMENT INC 68415 SUPPLIES 04/18/11 0 041211 93.85 100.33.6110 1104 041211 GLJ1920 93.85 041211 11040313 510 32 1258 AIRGAS SAFETY INC 9000976101SAFETY SUPPLIES 04/18/11 0 041211 35.07 510.32.6110 1104 041211 GLJ1920 35.07 041211 11040314 100 00 2 ALDI INC LICENSE FEE REFUND 04/18/11 0 041211 30.00 LIQUOR & FOOD COMBINED 100.00.3320 1104 041211 GLJ1920 30.00 041211 11040315 100 33 1389 ALEXANDER EQUIPMENT COMP 75240 VEHICLE REPAIR PARTS 04/18/11 0 041211 296.40 100.33.5370 1104 041211 GLJ1920 296.40 041211 11040316 100 47 1501 ANDREWS, MAUREEN J 3/10-4/7 VOLLEYBALL REF 04/18/11 0 041211 330.00 100.47.5110 1104 041211 GLJ1920 330.00 041211 11040317 100 33 1632 ARAMARK 14150701 EMPLOYEE UNIFORMS 04/18/11 0 041211 190.98 100.33.4510 1104 041211 GLJ1920 190.98 041211 11040318 510 31 1632 ARAMARK 14202041 EMPLOYEE UNIFORMS 04/18/11 0 041211 235.39 510.31.4510 1104 041211 GLJ1920 235.39 041211 11040319 100 33 1450 AT&T 8155781029ALARM CIRCUIT 04/18/11 0 041211 23.12 100.33.5320 1104 041211 GLJ1920 23.12 041211 11040320 510 XXXXX 1450 AT&T 8155781029ALARM CIRCUIT 04/18/11 0 041211 11.91 510.31.5320 1104 041211 GLJ1920 10.51 041211 510.32.5320 1104 041211 GLJ1920 1.40 041211 11040321 100 22 1738 AUTO TECH CENTERS INC 225194TIRES 04/18/11 0 041211 208.50 DATE 4/13/2011 11:46 AM CITY OF MCHENRY PAGE 2 � LIST OF BILLS COUNCIL MEETING 4/18/11 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 --------------------------------------------------------- ----------------------- 100.22.5370 1104 041211 GLJ1920 208.50 041211 11040328 510 32 2550 BOTTS WELDING & TRUCK SE 508378VEHICLE SAFETY INSPECTION 04/18/11 0 041211 32.00 510.32.5370 1104 041211 GLJ1920 32.00 041211 11040329 100 45 2739 BUCK BROS INC 03 3015736SUPPLIES 04/18/11 0 041211 24.16 100.45.6110 1104 041211 GLJ1920 24.16 041211 11040330 100 33 2757 BURRAFATO, SAM CLOTHING ALLOWANCE REIMB 04/18/11 0 041211 94.12 100.33.4510 1104 041211 GLJ1920 94.12 041211 11040331 610 00 3157 CENTEGRA OCCUPATIONAL ME 92581 MEDICAL SERVICES 04/18/11 0 041211 58.80 610.00.6940 1104 041211 GLJ1920 58.80 041211 11040332 610 00 3157 CENTEGRA OCCUPATIONAL ME 92297 MEDICAL SERVICES 04/18/11 0 041211 58.80 610.00.6940 1104 041211 GLJ1920 58.80 041211 11040333 610 00 3157 CENTEGRA OCCUPATIONAL ME 92270 MEDICAL SERVICES 04/18/11 0 041211 58.80 610.00.6940 1104 041211 GLJ1920 58.80 041211 11040334 100 01 3157 CENTEGRA OCCUPATIONAL ME 92274 MEDICAL SERVICES 04/18/11 0 041211 107.80 100.01.5110 1104 041211 GLJ1920 107.80 041211 11040335 510 32 3285 CINTAS CORPORATION #355 35500992/9EMPLOYEE UNIFORM RENTALS 04/18/11 0 041211 519.73 510.32.4510 1104 041211 GLJ1920 519.73 041211 11040336 100 XXXXX 3285 CINTAS CORPORATION #355 35501000/2EMPLOYEE UNIFORM RENTALS 04/18/11 0 041211 333.50 100.01.4510 1104 041211 GLJ1920 130.90 041211 100.33.4510 1104 041211 GLJ1920 202.60 041211 11040337 510 31 3285 CINTAS CORPORATION #355 355-01002 EMPLOYEE UNIFORMS 04/18/11 0 041211 202.90 510.31.4510 1104 041211 GLJ1920 202.90 041211 11040338 510 32 3285 CINTAS CORPORATION #355 35500992/9SUPPLIES 04/18/11 0 041211 180.65 510.32.6110 1104 041211 GLJ1920 180.65 041211 11040339 100 01 3285 CINTAS CORPORATION #355 355-01002 SUPPLIES 04/18/11 0 041211 508.05 100.01.6110 1104 041211 GLJ1920 508.05 041211 11040340 100 33 3285 CINTAS CORPORATION #355 355-01000 SUPPLIES 04/18/11 0 041211 16.80 100.33.6110 1104 041211 GLJ1920 16.80 041211 11040341 510 32 3531 COMED 5337117062WATER/SEWER PUMPING CHARGES 04/18/11 0 041211 99.53 510.32.5510 1104 041211 GLJ1920 99.53 041211 11040342 100 01 3539 CONSERV FS 1431509-INLANDSCAPE SUPPLIES 04/18/11 0 041211 48.54 100.01.6110 1104 041211 GLJ1920 48.54 041211 11040343 100 22 3757 CUTTING EDGE COMMUNICATI 3715 SECURITY LOCK DIAGNOSIS 04/18/11 0 041211 92.50 100.22.5370 1104 041211 GLJ1920 92.50 041211 DATE 4/13/2011 11:46 AM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 4/18/11 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 ------------------------------------------------------------------------------------------------------------------- 11040344 510 32 4004 D'ANGELO NATURAL SPRING MARCH 2O11BOTTLED DISTILLED WATER 04/18/11 0 041311 46.50 510.32.6110 1104 041311 GLJ1921 46.50 041311 11040345 100 45 4760 DURA WAX COMPANY INC, TH 348197SUPPLIES 04/18/11 0 041311 4.80 100.45.6110 1104 041311 GLJ1921 4.80 041311 11040346 100 33 5050 EAST JORDAN IRON WORKS 3358840 CURB DRAINS W/COVERS & GRAT 04/18/11 0 041311 1,844.65 100.33.6110 1104 041311 GLJ1921 1844.65 041311 11040347 100 46 6026 FAMILY TAILOR SHOP 845213DANCE COSTUME ALTERATIONS 04/18/11 0 041311 25.00 100.46.6110 1104 041311 GLJ1921 25.00 041311 11040348 100 22 6029 FAST EDDIES CAR WASH MARCH 2O11SQUAD CAR WASHES 04/18/11 0 041311 274.30 100.22.5370 1104 041311 GLJ1921 274.30 041311 11040349 100 33 6293 FISCHER BROS FRESH 13980 HOLDING BIN BLOCKS 04/18/11 0 041311 2,275.00 100.33.6110 1104 041311 GLJ1921 2275.00 041311 11040350 100 22 6390 FLESCH COMPANY INC, GORD OZ7469 1 COPIER MAINTENANCE 04/18/11 0 041311 160.46 100.22.5110 1104 041311 GLJ1921 160.46 041311 11040351 510 31 7633 GRAINGER 9499465053SUPPLIES 04/18/11 0 041311 489.74 510.31.6110 1104 041311 GLJ1921 489.74 041311 11040352 100 44 9383 ILLINOIS DEPARTMENT OF P 01208330 FOOD SERVICE CERTIFICATE 04/18/11 0 041311 35.00 EISERMAN 100.44.6110 1104 041311 GLJ1921 35.00 041311 11040353 100 22 9521 INTOXIMETERS M11101SUPPLIES 04/18/11 0 041311 36.00 100.22.6110 1104 041311 GLJ1921 36.00 041311 11040354 100 22 9521 INTOXIMETERS 324690SUPPLIES 04/18/11 0 041311 159.00 100.22.6110 1104 041311 GLJ1921 159.00 041311 11040355 100 22 9521 INTOXIMETERS R06250RETURNED ITEMS 04/18/11 0 041311 144.00- 100.22.6110 1104 041311 GLJ1921 144.000R 041311 11040356 100 22 10211 J G UNIFORMS INC 24411 SUPPLIES 04/18/11 0 041311 100.72 100.22.6110 1104 041311 GLJ1921 100.72 041311 11040357 100 33 11286 KIMBALL MIDWEST 1873394 SUPPLIES 04/18/11 0 041311 274.21 100.33.5370 1104 041311 GLJ1921 274.21 041311 11040358 100 22 11289 KING, LAURA 4/5-7/11 TRAINING EXPENSE REIMB 04/18/11 0 041311 24.00 100.22.5420 1104 041311 GLJ1921 24.00 041311 11040359 100 22 11289 KING, LAURA PSY 9922 TUITION REIMB 04/18/11 0 041311 1,750.00 100.22.5440 1104 041311 GLJ1921 1750.00 041311 11040360 100 22 11745 KULIK, KATHY JURY DUTY MILEAGE REIMB 04/18/11 0 041311 29.64 100.22.3882 1104 041311 GLJ1921 29.64 041311 DATE 4/13/2011 11:46 AM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 4/18/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11040361 100 22 1074 LEXISNEXIS 20110331 PHONES PLUS SEARCHES 04/18/11 0 041311 121.50 100.22.5110 1104 041311 GLJ1921 121.50 041311 11040362 100 22 1074 LEXISNEXIS 20110228 PHONES PLUS SEARCHES 04/18/11 0 041311 127.00 100.22.5110 1104 041311 GLJ1921 127.00 041311 11040363 100 33 12535 LONESTAR HEATING & AIR C 3500 DUCT WORK FOR 2ND FLOOR OFFICE 04/18/11 O 041311 2,640.00 IT ROOM 100.33.6110 1104 041311 GLJ1921 2640.00 041311 11040364 510 XXXXX 12535 LONESTAR HEATING & AIR C 3500 DUCT WORK FOR 2ND FLOOR OFFICE 04/18/11 0 041311 1,360.00 IT ROOM 510.31.6110 1104 041311 GLJ1921 1200.00 041311 510.32.6110 1104 041311 GLJ1921 160.00 041311 11040366 100 41 1 MANN, LUKE PARKS REFUND 04/18/11 0 041311 108.00 100.41.3635 1104 041311 GLJ1921 83.00 041311 100.41.3635 1104 041311 GLJ1921 25.00 041311 11040367 100 22 16015 MARATHON TOWING 16149 VEHICLE TOWING SERVICE 04/18/11 0 041311 40.30 100.22.5110 1104 041311 GLJ1921 40.30 041311 11040368 100 22 16015 MARATHON TOWING 16305 VEHICLE TOWING SERVICE 04/18/11 0 041311 125.00 100.22.5110 1104 041311 GLJ1921 125.00 041311 11040369 100 46 13018 MARTIN, ROWENA 4/8/11PARKS PROGRAM INSTRUCTOR 04/18/11 0 041311 350.00 100.46.5110 1104 041311 GLJ1921 350.00 041311 11040370 100 46 3265 MCCAFFERTY, BRITTANY 4/8/11PARKS PROGRAM INSTRUCTOR 04/18/11 0 041311 364.00 100.46.5110 1104 041311 GLJ1921 364.00 041311 11040371 510 31 14246 MCHENRY ANALYTICAL WATER 1101488 WATER SAMPLE ANALYSIS 04/18/11 0 041311 400.00 510.31.5110 1104 041311 GLJ1921 400.00 041311 11040372 100 01 14258 MCHENRY COUNTY RECORDER MARCH 2O11RECORDING FEES 04/18/11 0 041311 80.00 100.01.6940 1104 041311 GLJ1921 80.00 041311 11040373 510 XXXXX 14258 MCHENRY COUNTY RECORDER MARCH 2O11RECORDING FEES 04/18/11 0 041311 440.00 510.31.6940 1104 041311 GLJ1921 180.00 041311 510.32.6940 1104 041311 GLJ1921 260.00 041311 11040374 620 00 13274 MIDCO 245702PHONE LINE CHANGES 04/18/11 0 041311 477.02 620.00.6270 1104 041311 GLJ1921 477.02 041311 11040375 620 00 13274 MIDCO 245357PHONE LINE INSTALLATIONS 04/18/11 0 041311 267.50 620.00.6270 1104 041311 GLJ1921 267.50 041311 11040376 600 00 13289 MIDWEST OPERATING ENGINE ADAMS LOCAL 150 HEALTH INSURANCE 04/18/11 0 041311 1,875.50 600.00.4310 1104 041311 GLJ1921 1875.50 041311 DATE 4/13/2011 11:46 AM CITY OF MCHENRY PAGE 5 • LIST OF BILLS COUNCIL MEETING 4/16/11 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 ------------------------------------------------------------------------------------------------------------------ ---------------- 11040377 600 00 13289 MIDWEST OPERATING ENGINE HARPERLOCAL 150 HEALTH INSURANCE 04/18/11 0 041311 3,690.50 600.00.4310 1104 041311 GLJ1921 3690.50 041311 11040378 100 47 13800 MYERS-SCHMITZ, CAROL 3162011 PARKS PROGRAM INSTRUCTOR 04/18/11 0 041311 153.00 100.47.5110 1104 041311 GLJ1921 153.00 041311 11040379 100 XXXXX 14251 NAPA AUTO PARTS MPEC MARCH 2011VEHICLE REPAIR PARTS 04/18/11 0 041311 1,924.92 100.01.5370 1104 041311 GLJ1921 VEHICLE REPAIR 15.68 041311 100.22.5370 1104 041311 GLJ1921 VEHICLE REPAIR 629.52 041311 100.33.5370 1104 041311 GLJ1921 VEHICLE REPAIR 1008.82 041311 100.45.5370 1104 041311 GLJ1921 VEHICLE REPAIR 270.90 041311 11040380 510 XXXXX 14251 NAPA AUTO PARTS MPEC MARCH 2011VEHICLE REPAIR PARTS 04/18/11 0 041311 256.17 510.31.5370 1104 041311 GLJ1921 115.52 041311 510.32.5370 1104 041311 GLJ1921 140.65 041311 11040381 100 01 15557 NORTHWEST ELECTRICAL SUP 16969350 ELECTRICAL SUPPLIES 04/18/11 0 041311 101.54 100.01.6110 1104 041311 GLJ1921 101.54 041311 11040382 100 22 16070 O'BRIEN, CHRISTINA PTI MILEAGE REIMB 04/18/11 0 041311 202.40 100.22.5420 1104 041311 GLJ1921 202.40 041311 11040383 100 22 16500 ON TIME INC 10260 EMPLOYEE UNIFORM ITEMS 04/18/11 0 041311 429.70 100.22.4510 1104 041311 GLJ1921 429.70 041311 11040384 100 01 16716 OTTOSEN BRITZ KELLY COOP 49715 PROFESSIONAL SERVICES 04/18/11 0 041311 55.50 100.01.5230 1104 041311 GLJ1921 55.50 041311 11040385 100 44 17156 PEPSI BEVERAGE COMPANY 32067308 CONCESSION SUPPLIES 04/18/11 0 041311 210.94 100.44.6110 1104 041311 GLJ1921 210.94 041311 11040386 100 XXXXX 2532 PETROLIANCE LLC 8988618 VEHICLE FUEL 04/18/11 0 041311 117.59 100.01.6250 1104 041311 GLJ1921 38.55 041311 100.03.6250 1104 041311 GLJ1921 79.04 041311 11040387 100 22 2532 PETROLIANCE LLC 8986027 VEHICLE FUEL 04/18/11 0 041311 3,061.69 100.22.6250 1104 041311 GLJ1921 3061.69 041311 11040388 100 33 2532 PETROLIANCE LLC 8989268 VEHICLE FUEL 04/18/11 0 041311 262.73 100.33.6250 1104 041311 GLJ1921 262.73 041311 11040389 100 33 2532 PETROLIANCE LLC 8988622 VEHICLE FUEL 04/18/11 0 041311 427.99 100.33.6250 1104 041311 GLJ1921 427.99 041311 11040390 510 31 2532 PETROLIANCE LLC 8988620 VEHICLE FUEL 04/18/11 0 041311 249.14 510.31.6250 1104 041311 GLJ1921 249.14 041311 11040391 510 32 2532 PETROLIANCE LLC 8989897 VEHICLE FUEL 04/18/11 0 041311 392.60 510.32,6250 1104 041311 GLJ1921 392.60 041311 11040392 100 33 17641 PRECISION SHARPENING NO # SHARPENING SERVICES 04/18/11 0 041311 46.00 DATE 4/13/2011 11:46 AM CITY OF MCHENRY PAGE 6 LIST OF BILLS COUNCIL MEETING 4/18/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 100.33.6110 1104 041311 GLJ1921 46.00 041311 11040393 100 33 17656 PROSAFETY INC 2/692200 EMPLOYEE UNIFORM ITEMS 04/18/11 0 041311 84.75 100.33.4510 1104 041311 GLJ1921 84.75 041311 11040400 100 45 19001 R&S FENCE COMPANY 3/17/11 SUPPLIES 04/18/11 0 041311 50.00 100.45.6110 1104 041311 GLJ1921 50.00 041311 11040394 510 XXXXX 5 REAL LIVING PROPERTY 1117332632WATER SEWER OVERPAYMENT REF 04/18/11 0 041311 61.84 510.31.3610 1104 041311 GLJ1921 22.00 041311 510.32.3610 1104 041311 GLJ1921 39.84 041311 11040396 590 00 15156 REINWALL MARINE SERVICE 3/31/11 PIER REPAIRS 04/18/11 0 041311 3,682.88 590.00.5110 1104 041311 GLJ1921 3682.88 041311 11040397 100 33 19148 RELIABLE SAND & GRAVEL 3141 MATERIALS 04/18/11 0 041311 25.00 100.33.6110 1104 041311 GLJ1921 25.00 041311 11040398 510 31 19148 RELIABLE SAND & GRAVEL 3141 MATERIALS 04/18/11 0 041311 105.79 510.31.6110 1104 041311 GLJ1921 105.79 041311 11040399 100 22 19312 RIVERSIDE BAKE SHOP 757490MEETING SUPPLIES 04/18/11 0 041311 35.28 100.22.6110 1104 041311 GLJ1921 35.28 041311 11040622 100 01 19312 RIVERSIDE BAKE SHOP 756653MEETING SUPPLIES 04/18/11 0 041311 23.52 100.01.6940 1104 041311 GLJ1925 23.52 041311 11040623 610 00 19312 RIVERSIDE BAKE SHOP 757493MEETING SUPPLIES 04/18/11 0 041311 18.26 610.00.6940 1104 041311 GLJ1925 18.26 041311 11040624 100 01 19312 RIVERSIDE BAKE SHOP 759656MEETING SUPPLIES 04/18/11 0 041311 14.40 100.01.6940 1104 041311 GLJ1925 14.40 041311 11040401 510 31 20101 SCHEEL, BRYAN CLOTHING ALLOWANCE REIMB 04/18/11 0 041311 119.28 510.31.4510 1104 041311 GLJ1921 119.28 041311 11040402 440 00 20430 SEC GROUP INC 13/73623 ROUTE 31 & 120 INTERSECTION 04/18/11 0 041311 27,581.74 440.00.5110 1104 041311 GLJ1921 27581.74 041311 440-RT31/120 11040403 100 01 20430 SEC GROUP INC 73444 ENGINEERING SERVICES 04/18/11 0 041311 274.00 100.01.5110 1104 041311 GLJ1921 274.00 041311 11040404 100 01 20152 SECRETARY OF STATE / POL 309 VEHICLE REGISTRATION RENEWAL 04/18/11 0 041311 99.00 100.01.6940 1104 041311 GLJ1921 99.00 041311 11040406 XXXXX XXXXX 20668 SHAW SUBURBAN MEDIA 10474 LEGAL ADVERTISING 04/18/11 0 041311 524.40 100.01.5330 1104 041311 GLJ1921 38.60 041311 740.00.5220 1104 041311 GLJ1921 485.80 041311 11040407 100 33 20257 SHERWIN INDUSTRIES INC SS041074 SUPPLIES 04/18/11 0 041311 2,495.00 DATE 4/13/2011 11:46 AM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 4/18/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 100.33.6110 1104 041311 GLJ1921 2495.00 041311 11040408 620 00 20710 STANS OFFICE TECHNOLOGIE 280928INTERNET SERVICES 04/18/11 0 041311 179.00 620.00.5110 1104 041311 GLJ1921 179.00 041311 11040625 100 XXXXX 22497 UNITED PARCEL SERVICE 60X485151 UPS CHARGES 04/18/11 0 041311 48.82 100.04.5310 1104 041311 GLJ1925 20.00 041311 100.22.5310 1104 041311 GLJ1925 28.82 041311 11040325 XXXXX XXXXX 23152 VERIZON WIRELESS MARCH 20110ELL PHONES 04/18/11 0 041211 1,610.46 100.01.5320 1104 041211 GLJ1920 249.14 041211 100.02.5320 1104 041211 GLJ1920 60.82 041211 100.03.5320 1104 041211 GLJ1920 93.74 041211 100.22.5320 1104 041211 GLJ1920 744.71 041211 100.30.5320 1104 041211 GLJ1920 33.81 041211 100.33.5320 1104 041211 GLJ1920 251.33 041211 100.41.5320 1104 041211 GLJ1920 48.35 041211 100.45.5320 1104 041211 GLJ1920 67.53 041211 100.46.5320 1104 041211 GLJ1920 17.27 041211 100.47.5320 1104 041211 GLJ1920 2.83 041211 620.00.5320 1104 041211 GLJ1920 40.93 041211 11040326 510 XXXXX 23152 VERIZON WIRELESS MARCH 20110ELL PHONES 04/18/11 0 041211 111.69 510.31.5320 1104 041211 GLJ1920 94.09 041211 510.32.5320 1104 041211 GLJ1920 17.60 041211 11040327 510 32 23287 VIKING CHEMICAL COMPANY 213746CHEMICALS 04/18/11 0 041211 8,738.28 510.32.6110 1104 041211 GLJ1920 8738.28 041211 11040324 510 32 24028 WASTE MANAGEMENT OF WI P 2388927424SLUDGE DISPOSAL SERVICES 04/18/11 0 041211 10,300.52 510.32.5580 1104 041211 GLJ1920 10300.52 041211 11040323 100 46 27010 ZAHN, DAN 4/6/11PARKS PROGRAM INSTRUCTOR 04/18/11 0 041211 240.00 100.46.5110 1104 041211 GLJ1920 240.00 041211 EXPENDED LIQUID ACCRUAL GRAND TOTALS 90,757.42 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS ' 100 GENERAL FUND 26,620.22 440 CAPITAL IMPROVEMENTS FUND 27,581.74 510 WATER/SEWER FUND 25,661.67 590 MARINA OPERATIONS FUND 3,682.88 600 EMPLOYEE INSURANCE FUND 5,566.00 610 RISK MANAGEMENT FUND 194.66 DATE 4/13/2011 11:46 AM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 4/18/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 620 INFORMATION TECHNOLOGY FUND 964.45 740 RETAINED PERSONNEL ESCROW 485.80 **** 90,757.42 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas.Martin,Deputy City Administrator FOR: April 18, 2011 Regular City Council Meeting RE: First Amendment to the Amendment to Lang Annexation Agreement ATT: 1. Ordinance Executing Proposed Amendment 2. Revised First Amendment to Amendment to Lang Annexation Agreement 3. City Council Minutes dated 4/4/11 Background. At the April 4 meeting Gary Lang requested an amendment to alter paragraph nine, Special Provisions Applicable to Automobile Dealership Uses, subsections 5(a) and 5(b) on page seven. Under the terms of the present agreement one freestanding sign is permitted on lots 1, 3, 4, 5 and 6 in accordance with the city's sign regulations and wall signage is restricted in accordance with the language in 5(b). Three sign exhibits, a wall sign exhibit, freestanding sign exhibit marked Plan A and a freestanding sign exhibit marked Plan B, were proposed. There are no changes proposed to staffs initial recommendation to approve the wall sign exhibit and the Plan B sign exhibit. Analysis. The following language was crafted by attorney McArdle and staff to address council concerns expressed at the April 4 meeting regarding an amendment to the sidewalk provisions initially approved in 2002 and is acceptable to Mr.Lang. "Lang shall install public sidewalks along the entire Rt. 31 frontage (approximately 1,770 lineal feet more or less) of the Lang Development consisting of Lots 1 through 6 as depicted on an overall site plan prepared by SEC Group, Inc. dated 8/13/10, project no. 86100276 ("Site Plan") in accordance with the applicable provisions of the subdivision control ordinance immediately upon the earlier to occur of either: a) Issuance of a building permit for a permanent building relative to development of Lot 6 referenced as a"potential future building area"on the Site Plan;or b) upon sidewalks being constructed contiguous to the Lang Development on its north or south border"." Recommendation. To approve the attached ordinance executing the First Amendment to the Amendment to Lang Annexation Agreement. The attached ordinance, if approved, will execute the First Amendment to the Amendment to Lang Annexation Agreement and include the freestanding and wall sign provisions and the sidewalk provision as amended. The Mayor and City Council vote on this item,with a two-thirds majority or six votes required for approval of the Amendment. AN ORDINANCE AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE AMENDMENT TO LANG ANNEXATION AGREEMENT DATED MARCH 17,2003 BETWEEN THE CITY OF MCHENRY,A MUNICIPAL CORPORATION,IN THE STATE OF ILLINOIS("CITY"),GARY LANG OF 1107 SOUTH ILLINOIS ROUTE 31,MCHENRY, ILLINOIS ("LANG")AND OTHERS 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, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and WHEREAS,notice of a public hearing was published in the Northwest Herald, a newspaper of general circulation in the City of McHenry, within the time provided by law, notifying the public of a hearing on said proposed First Amendment to the Amendment to Lang Annexation Agreement before the Corporate Authorities of the City of McHenry; and WHEREAS,the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that entry into said First Amendment to the Amendment to Lang Annexation Agreement is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS AS FOLLOWS: SECTION 1: The Mayor and City Clerk are hereby authorized to execute the First Amendment to the Amendment to Lang Annexation Agreement, a true and correct copy of which is attached hereto. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All 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 in full force and effect upon its passage, approval and publication in pamphlet form(which publication is hereby authorized)as provided by law. PASSED THIS DAY OF , 2011 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF ,2011 Mayor Susan E. Low ATTEST: City Clerk Janice C.Jones Exhibit A (A copy of the First Amendment to the Amendment to Lang Annexation Agreement is on file in the office of the City Clerk) First Amendment to the Amendment to Lang Annexation Agreement THIS FIRST AMENDMENT TO a 2002 AMENDMENT TO LANG ANNEXATION AGREEMENT ("First Amendment') is entered into this 18"'day of April,2011,between the City of McHenry, an Illinois municipal corporation ("City'), (Confirm other parties in interest) American National Bank and Trust Company of Chicago, not personally, but as trustee under trust no. 120090- 07, dated February 14, 1995, and not individually, 550 Crystal Point Drive, Crystal Lake, Illinois, American National Bank and Trust Company of Chicago , not personally, but as trustee under trust no. 121340-03, dated February 14, 1996, and not individually, 550 Crystal Point Drive, Crystal Lake, Illinois, Cardunal Savings Bank FSB trust no. 98-337, dated October 21,2002 and Gary Lang of 1107 South Illinois Route 31,McHenry,Illinois(collectively "Lang'). NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed by and between the parties hereto as follows: 1. First Amendment to Amendment to Lang Annexation Agreement. The Mayor and City Council shall contemporaneously with the execution of this Agreement, enact an ordinance authorizing the Mayor and City Clerk to execute this Agreement. 2. Engineering Improvements. Section 6(c) of the Amendment to Lang Annexation Agreement shall be amended by deleting the following language: "Public sidewalks shall not be required on the Lang Parcel, but instead, Lang shall pay to the city the sum of$21,100 for the City to use at its sole discretion for construction of sidewalks at other locations in the City. The aforementioned $21,100 shall be paid prior to occupancy of the first new building constructed on Lots 4, 5, or 6." in its entirety and replacing it with the following language: "Lang shall install public sidewalks along the entire Rt. 31 frontage (approximately 1,770 lineal feet more or less) of the Lang Development consisting of Lots 1 through 6 as depicted on an overall site plan prepared by SEC Group, Inc. dated 8/13/10, project no. 86100276 ("Site Plan") in accordance with the applicable provisions of the subdivision control ordinance immediately upon the earlier to occur of either: a) Issuance of a building permit for a permanent building relative to development of Lot 6 referenced as a"potential future building area"on the Site Plan; or b) Upon sidewalks being constructed contiguous to the Lang Development on its north or south border"." 3. Special Provisions Applicable to Automobile Dealership Uses Special Provisions Applicable to Automobile Dealership Uses, subsection 5(a) shall be amended by deleting the following language: "One freestanding sign shall be permitted per lot,in accordance with the provisions of the City of McHenry sign regulations" in its entirety and replacing it with the following language: "One freestanding sign shall be permitted per lot, in accordance with the provisions of the City of McHenry sign regulations with the exception that freestanding signage for Lots 1, 2, 3 and 4 shall be in substantial conformance with the Plan B sign exhibit and accompanying elevations attached hereto and incorporated herein as Exhibit A." Subsection 5(b) shall be amended by adding the following language: "Wall signage for Lot 4 shall be in substantial conformance with the wall sign exhibit and accompanying elevations attached hereto and incorporated herein as Exhibit B." 4. Conflicts In the event the terms of this First Amendment conflict with the terms of the Amendment to Lang Annexation Agreement the terms of this First Amendment shall govern. Except as specifically provided herein,the Amendment to Lang Annexation Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, and have caused this instrument to be executed by their duly authorized officials and the corporate seal attached hereto,all on the date and year first above written. CITY OF MCHENRY By: Susan E.Low,Mayor Attest: Janice C.Jones, City Clerk Exhibit A (Plan B Sign Exhibit and Accompanying Elevations on file with the City Clerk) Exhibit B (Wall Sign Exhibit and Accompanying Elevations on file with the City Clerk) REGULAR MEETING APRIL 4, 2011 Mayor Low called the regularly scheduled April 4, 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, Peterson, and Condon. Absent: None. Also in attendance were City Administrator Black, Deputy City Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Construction and Neighborhood Services Director Schwalenberg, Public Works Director Schmitt, Parks and Recreation Director Merkel, Chief of Police Jones, City Engineer Pieper. PUBLIC HEARING: AMENDMENT TO GARY LANG ANNEXATION AGREEMENT ADOPTED BY ORDINANCE NO. ORD-02-1105 FOR THE PROPERTY LOCATED AT 1107 SOUTH ROUTE 31 In attendance was Gary Lang of Gary Lang Auto Group. Motion by Wimmer, seconded by Blake, to open the Public Hearing regarding the proposed amendment to the Gary Lang Annexation Agreement at 7:30 p.m. Voting Aye: Santi, Glab, Schaefer, Blake,Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Mayor Low opened the Public Hearing at 7:30 p.m. Deputy Administrator Martin stated the matter before Council for consideration this evening is for a proposed amendment to the Gary Lang Annexation Agreement regarding allowable signage to be displayed on the premises and the required contribution of$21,000 for the waiver of sidewalk installation on the site. Staff has reviewed the requested amendments and notes three signage package options have been brought forward: 1. Wall signs on the building for the import building; 2. Exhibit Plan A:freestanding signs; 3. Exhibit Plan B:alternate plan for freestanding signs. Deputy Administrator Martin stated it is Staff's recommendation to approve Exhibit Plan B for freestanding signs. Additionally, the amendment to the annexation agreement provides for the deferral of the required payment of $21,000 for the waiver of installation of sidewalks along Route 31 until the building to be constructed on Lot 6 has been completed. Mayor Low opened the floor to questions and comments from the City Council. Alderman Schaefer noted he had questions regarding Plan A and Plan B sign packages. Deputy Administrator Martin stated Staff supports Plan B which includes three freestanding signs. Plan A includes four freestanding signs. Alderman Schaefer inquired if all of the Regular Meeting Page 2 April 4,2011 freestanding signs were necessary to which Mr. Lang responded the signs are a preference for individual marketing of the different brands. Alderman Santi inquired if there was a timing format for electronic message signs. Deputy Administrator Martin responded there are currently no format standards in place for electronic message signs other than the signs cannot present a traffic hazard or flash/blink. Alderman Condon stated she had no problem regarding the deferment of the $21,000 for waiver of sidewalk installation. She also stated she had no issues with Plan B sign alternative. She noted her concern is with so many electronic message signs. She stated she would support one but not two additional electronic message signs. Alderman Glab noted regarding the deferral of the $21,000 payment for waiver of sidewalk installation, he feels this matter was included in the past agreement with the developer. This matter was negotiated with Gary Lang and should be adhered to as per the terms of the agreement. He noted he would like to see the money contributed to the City at this time as required. He stated he could not support an amendment deferring payment of the $21,000 to a later time. Alderman Glab stated he had no issue with the design of the signs or the lot setup. Mr. Lang explained the history of the sidewalk deferral noting it was originally required to be paid prior to the occupancy of any new building on Lots 4, 5, or 6 of the site. He explained he is requesting amendment to defer payment until prior to occupancy permit being issued for a new building on Lot 6. Alderman Glab noted the agreement included the payment of $21,000 for the waiver of sidewalk installation and not a discussion as to whether or not sidewalks should be installed or when they should be installed on the site. Alderman Glab stated he would not support the amendment postponing the payment of the $21,000 for waiver of sidewalk installation. Alderman Peterson opined in 2002 it was likely that more sidewalk surface could be purchased with $21,000 than by today's standards. He suggested if the developer would like to defer the $21,000 payment the amount required by the City should keep up with today's costs to install sidewalk along the developer's Route 31 frontage. Alderman Schaefer inquired if when the agreement was executed it stipulated the $21,000 would be utilized to pay for sidewalk installation on the subject premises or anywhere within the City. Deputy Administrator Martin responded the terms of the agreement specified the developer would either pay for the installation of the sidewalks on the premises or pay the $21,000 for the waiver of the sidewalk installation. In response to Alderman Santi's inquiry, Deputy Administrator Martin stated the proposed amendment would be attached to the property identified in the agreement and not to the owner of the property. Regular Meeting Page 3 April 4,2011 Alderman Peterson stated he discussed with Director of Public Works Schmitt the cost by today's standards to install sidewalks along the Route 31 frontage of the subject property. Director Schmitt indicated the installation cost would be approximately$56,000. Mayor Low stated in light of the current economy, it is good that Mr. Lang's business is expanding. Alderman Condon expressed concern about the number of proposed additional signs. She stated she understands but sees each sign as a marketing tool for each separate business (i.e. automobile dealership). Alderman Condon noted regarding the deferral of the $21,000 payment for waiver of sidewalk installation, she understands the negotiation of a previous Council occurred, but noted there are no sidewalks installed anywhere in the vicinity. She stated she does not have an issue with deferring the payment of the $21,000 at this time. In response to Mayor Low's inquiry, there were no questions or comments from the public regarding this matter. In addition no written or verbal comments were received in the City Clerk's Office prior to this hearing. Mayor Low stated Council can choose to act on the proposed amendment to the annexation agreement this evening or bring it forward at a future Council meeting. City Administrator Black inquired if Council was satisfied with the language regarding the deferral of the $21,000 as submitted by the developer or should the language be modified to specify when the sidewalks should be constructed. Alderman Condon stated she understands the developer not wanting to pay the $21,000 for the installation of sidewalks as there are no existing sidewalks to the north or south of his property. She stated she would support an amendment requiring the installation of sidewalks by the property owner when sidewalks have been installed adjacent to the north or south of his property. Following the Mayor's inquiry, it was the consensus of Council to allow the developer to wait for the installation of sidewalks until such time as sidewalks are built on adjacent property to the south of Lots 5 and 6 or until Lots 5 and 6 are built-out, whichever comes first. It was also the consensus of Council that the amendments to the annexation agreement include language approving Plan B, freestanding sign alternative. This matter will come back to Council for consideration following language revisions as outlined by Council. Regular Meeting • Page 4 April 4,2011 Motion by Condon, seconded by Wimmer,to close the Public Hearing at 8:01 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Mayor Low closed the Public Hearing at 8:01 p.m. There was no one who signed in to speak during the Ten Minutes o u CONSENT AGENDA Alderman Santi left the Council Chambers at 8:02 p.m. Alderman Glab inquired if the ordinance has been changed regardi the outdoor display of garden centers, specifically as it relates to Consent Agenda tem C. Deputy Administrator Martin responded the Zoning Ordinance was amended to r uire all Temporary Use Permits to be presented to Council for approval. Motion by Blake, seconded by Wimmer,to approve the Con nt Agenda as presented: A. Resolution in support of approval for Centegra Hospital-Huntley; B. Temporary Use Permit for modular unit—Gary Lang Auto Group,1107 oute 31; C. Temporary Use Permit for outdoor garden center display —Home D t,2461 N Richmond Road; D. City Council Minutes: March 21,2011 regularly scheduled meeting; E. List of Bills: A-ABLE ALARM SERVICE INC 11.97 ACE TOWING & RECOVERY 132.00 ADAMS STEEL SERVICE INC 21.8 ADVANCED AUTOMATION AND 37,785 1 ADVANTAGE MECHANICAL INC 3 .00 ANDERSON, LORI 1.88 ARAMARK 583.44 ARVIDSON POOL & SPAS - C ,605.96 AT&T 3,296.58 AT&T LONG DISTANCE 130.80 BRUMMOND, PATRICIA L 118.13 BULL VALLEY AUTO BODY 250.00 BUSS FORD SALES 1,170.45 CDW GOVERNMENT INC 2,200.00 CERTIFIED FLEET SE ICES 221.70 CHEMICAL PUMP SA & SE 2,412.00 CHICAGO INTERN ONAL TR 143.93 CHRISTOPHER, VID 271.95 COMMUNICATI S REVOLVING 10.00 CONCRETE UT IONS CORP 179.50 CONSTEL ION NEWENERGY 38,901.54 CURRAN ONTRACTING COMPA 1,482.21 D'S INE SERVICE INC 40.03 DA N, CHRISTINE 110.54 D , JODY 60.00 ENTAL HEALTH PRODUCTS I 106.85 4,+ ROUTED FACED ALL ALUM. SIGNS BACKGROUND COLOR BRUSHED ALUM. POLYURETHANE PAINT FLUORESCENT INTERNAL LIGHTING 11 411 IMPORTS 201-011 SUBARU MITSUBISHI �rl� �=KDIAUd-1 L7afl- g Mahindra . - . va eA go 6i now* ,LrLii rri Certified 12' USED VEHICLES 1 - 5'- 1 I r c . R- Auto Center M. ga"fangaato.com 81&3".URS Auto Center --�-- `ary/amo"O.eoa SMa".CARS •- zv AUTO 1:40 �i CENTER REPLACE EXISTING ROUTED ALUMINUM FACES REPLACE EXISTING BULB EMC WITH RED LED EMC ' PROP06ED EXKrFM GARY LANG AUTO CENTER " wr •►rvr waa..w owr.r .rwr 1107 S.SITE.31 MCHENRY,IL ORTH SW®RE SI®N y`rr.yr.r.r.rrarw..,r....t►.rr NOTES au�rw: C ?StnduatrialOrive LlbeRyvlQ.Eugis 80048 847-816-7020 ..rr.sr+rra....rrr.�.i"L"�...�.wr 5MSM .t+rm '9r4lity 91...0. sine. 1930, �...w.~a.yrr.�w.�rw,ar�pw Mtm■ypt �A.GY�0.1t OM.N.w a .itw.w.+NO...w.w� ECO Rt t K1AFAMILY OF PYLON SIGNAGE ,rant tt `-Z 7W Dealer Name Letters i { available in white,l2'copy Ilk DEALER NAME SERVICE DELIVERY i ro t w-t s■• l i � > ra•i WALL LOGOS � � 1 r-toaa• - - - - ' tra ttuttr • III i 9.1 t , KWL-3 KWL-4 KPS-1 KHR-200 63.85$4k 41.46 sq.h. 9183 sq h 6239 s42 41<S s�q.h. 213 sq R AmWK AI■4M�� RN Awr.w r.,54� gbn,i.n� 6�-�s-. r.tlsnr• r.�• zs nnartst2.•:rans saaasvwt.•argta r-tts �� ! iteoolltsy�y�e->e r-t,ma• •��� .�a;w MONUMENT SIGNAGE KWL-4.5 KWL-5 KWL-6 I6.22 4 h. 1459 s%h. 6.66 sq.h. 1r-t its• ra AO• ra Or ow r A DIREC 10 SIGNAGE DIRECTIONAL - - - r-nb r QKIA s•a urILA) ,- i _._.. 41a' a t5nr• ra• t2'•51a6' ( / ra,T R s,a, *� •1-. r-0-' I- -�_.—, _ I ra � �� Jam- �-0- +-0• � , n-s mr f 4 4.-0 51a.Nr 4 - raw• - - 1 ■ KM53 KMS 4 ETO Monument 62 KDR-12 KDR-8 KDR-2 39 sq.ft 44 SQ.h. 46 sq.h. 12 sq.ft 8 sq.h. 2.6 sq.h. THIS is AN ow6%L*f4JKBHED DPAWW. CUSID ERAPPIFOOL DATE to CREATED roR raw t ERsa usE w DRAWING NO: %I . CDMECiION VMn11 A PHD.ECT PtAMNEo WR R-01 1 s-B-0'r s.K rw N tKnmm{s 513W R B NOT TO BE COLOR NOTE y 39658 I• BFIONM Otl181oE raw OIgANIBUM NOR Rig B-21-08 SJ•1. ® .j �'t aoucm�OR EXFAW o N DATE: PMS 1807c 9 r aw uaw.�i''mow. ANY fASNON Ui.FS9 AUR ) W WnNG bUE!■1■C-:Jt46 SYANORiCEROF atnturxisstroa P-03 a wrr. 31 BAR 22" MOk AWL--- 2 4 " CKK I A:k 2 " N , u 2'� 2 n CAR 24" 700 WASH1,2"PLEX LTRS BLACK PIGMENTED PLEX PIN MOUNT SERVICE2411 61 „ ly 6arLrrlg AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: April 18, 2011, Regular City Council Meeting RE: Saint Vincent de Paul Friends of the Poor 5K Walk ATT: Request from Florian Wisniewski Special Use Application Walk Route Background. The Church of Holy Apostles Conference Society of Saint Vincent de Paul, will host their annual Friends of the Poor 5K walk on Saturday, September 24t', from 6:30 AM to 1:00 PM. Participants will follow a route through town utilizing"sidewalks and obeying traffic signals. The walk will culminate in Veterans Memorial Park where participants will be offered light refreshments and entertained with live music from the gazebo. All proceeds from the walk are used to assist needy members of the community. As an example, over a two week period in March approximately $5,000 was used to assist 26 families with housing, food certificates, and payment of utilities. The society also distributed 62 bags of food. To achieve the greatest impact with the money raised from this event, the church is also requesting a waiver of the $110 park reservation fee. Analysis. Last year, approximately 100 people participated in the walk. This event is a low impact use of the park. Past events created no burden on city services and staff has no concerns with approving the request as presented. Recommendation. To approve the special use application submitted by the Society of Saint Vincent de Paul for use of Veterans Memorial Park on September 24t', to host post-walk activities for the annual Friends of the Poor 5K walk, and to consider waiver of the $110 park use fees. Bill Hobson From: Florian Wisniewski [fisniewski@sbcglobal.net] Sent: Wednesday, March 09, 2011 8:44 AM To: Bill Hobson Subject: Saint Vincent de Paul Friends of the Poor Walk Good Morning Bill, This is a follow up to our last telecom. of several weeks ago. Since then, I have submitted a completed "McHenry Park Facilities Special Use and/or Beer/Wine Applications Form" to your attention. Since our event is scheduled for September 24th, when do you suggest that I schedule a presentation to plead our need and request consideration of a fee waiver before the City Council? Just to give you a snapshot view of the current community's needs, in the past two weeks our program gave aid to 26 clients in the form of$4775.79 cents for Housing, Food Certificates, and Utilities. We also distributed 62 Bags of food from our"On Site" Food Pantry at an estimated value of$1550.00. This tells you that our community is still hurting from the down turn of economy in'07. We are here to help and support those in need with the anticipation of getting these folks back on their feet, and hopefully into the work force. Respectfully Yours, Florian Wisniewski of the SVdP Conference Supporting the McHenry Area Florian Wisniewski 1 McHENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION Contact Person: �/ i,4„; W/;s v i ecv 5 k i Date of Picnic:Lw,b,Pr_ a lT— Company/Organizationsa;w,T \j t°,0,,e„,-- Dc ,I Address: %, f I aQI I VA I f ey Rd City/State/Zip: /lrWvv ..ZI_.6rrs-o Home Phone: /S-341 Work/Cell Phone: �� - Park: ❑ Knox Park ❑ Petersen Park XVeteran's Memorial Park Area: ❑ Shelter A ❑ Shelter B ❑ Shelter C ❑ Other: Arrival Time:&30 Departure Time: I U Total Number Attending:,G 2 S!O Falsifying attendance numbers will result in loss of deposit. Water, electricity and restrooms are available at all sites. Please explain additional needs from the Parks Dept.: A-Z e b a y S E tV M u S i c: Groups of 500 or more must obtain additional: ❑ dumpsters ❑ portable toilets Brief description of program(i.e. co picnic, car show, craft show,wedding, etc.): : k a l k- fr i er'A 'i �e klAlk List all activities that will be held:- 12 P.f r-J s� M??,JTS -1 P'a• � 1 Items being brought into park site: tent $1 tables X chairs ❑ benches ❑ carnival rides �9 music ❑ animals ❑ model planes ❑ other ❑ other Will beer/wine be present: ❑ Yes $.No IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS "Indicate the number of beer/wine permits issued to the undersigned this calendar year . Indicate the number of beer/wine permits denied_. 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.) 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: 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: OFFICE USE Reservation Fee: $ Date Paid: Initials: Deposit Fee: $ Payment: ❑ Cash ❑ Check ❑ Charge Total Fee: $ Submitted to City Council: Confirmation Sent: Initials: City Council Approval: Fortes\picnic forms\special use and beer and/or wine application t "Walk0@ for tRoute P W Pr"U"C c St 2 ' !'pK 3 p 8ramay Ct W 3rd Ave and Ave *Surer► Ct r — St 1 et Ave Mapla Ave z Mao@ Ave e Weber's Q s I" . ; Park ► ¢� z r W Grand Ave O Veterans %V West Avw �,�, � Memonel Pk �� Taco 6ea Freund Fleid Mifhdr Mole D �Aio* McHenry �'� iltitsl�Park � Wave at • T a date W010 Goo le AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: April 18,2011 Regular City Council Meeting RE: Conditional Use Permit to serve alcohol in conjunction with a restaurant located at 414 South Route 31 ATT: Location map Ordinance granting conditional use March 3, 2011 PZC minutes Conditional use application Background. Brunch Cafe is requesting a Conditional Use Permit to allow the sale of alcohol in conjunction with a restaurant. Brunch Caf6 serves breakfast and lunch, dine-in only. The applicant would like the option of serving alcohol to their customers to be consumed solely on premises. Analysis. Restaurants and retail establishments are permitted uses in the C-5 zoning district. The proposed use requires a conditional use permit because it includes the sale of alcoholic beverages associated with a restaurant. The applicant is also required to obtain a liquor license. Brunch Cafd has been in business for several months. The business is successful and the owner desires to enhance the business by offering alcohol service. The character of the immediate area is service businesses along with highway-oriented retail off of Illinois Route 31 (Front Street). A restaurant serving alcoholic beverages is common and would not alter the character of the area. The proposed sale of alcohol will not create adverse impacts of a type or degree uncharacteristic of permitted uses within the C-5 zoning district and will not be detrimental to the safety or health of the employees, patrons, or general public in the vicinity. Staff has no concerns with the request. Recommendation. The Planning and Zoning Commission (minutes attached) unanimously recommended the following: Approval of a Conditional Use Permit to allow the service of alcoholic beverages at the Brunch Caf6 located at 414 South Route 31 as presented by applicant Andy Zatos be granted, subject to the condition that if the restaurant becomes vacant or closes for six consecutive months,the Conditional Use Permit shall be revoked. Staff concurs and recommends approval of the attached ordinance granting the Conditional Use Permit. Location Map: 414 S Illinois Route 31 Subject Property ,1 ________ _�¢ � ... fie• E ---- .1� '. • r r i ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO SERVE ALCOHOL IN CONJUNCTION WITH A RESTAURANT FOR THE PROPERTY LOCATED AT 414 S ILLINOIS ROUTE 31, 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 Brunch Caf6, 414 S Illinois Route 31, requesting a Conditional Use Permit to serve alcohol in conjunction with a restaurant, for the property located at 414 S Illinois Route 31 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 March 3, 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 Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY is hereby granted a Conditional Use Permit to allow the service of alcohol in conjunction with a restaurant with the condition if the restaurant becomes vacant or closes for six consecutive months, the Conditional Use Permit shall be revoked. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not 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 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2011 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2011 MAYOR ATTEST: CITY CLERK Exhibit A Legal Description of the SUBJECT PROPERTY City of McHenry Planning and Zoning Commission Minutes March 3, 2011 Chairman Schepler called the March 3, 2011meeting 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 were: Deputy City Administrator Martin and Deputy City Clerk Kunzer. Approval of Minutes Ekstrom noted a typographical error in the first sentence of page 3 of the December 2, 2010 minutes and requested "cal" be corrected to "call". Motion by Nadeau, seconded by Buhrman, to approve the minutes of the Planning and Zoning Commission Meeting as amended: November 18, 2010 regularly scheduled meeting; December 2, 2010 regularly scheduled meeting. Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Public Hearing: Brunch Cafe File No.Z-762 414 S Route 31 Conditional Use Permit Chairman Schepler called the Public Hearing to order at 7:31 p.m. regarding File No Z-762, an application for conditional use permit to allow a restaurant serving alcoholic beverages as submitted by Andy Zatos for the Brunch Cafe located at 414 S Route 31. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on February 15, 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 was Applicant and Brunch Cafe business owner Andy Zatos who was sworn in by Chairman Schepler. Mr. Zatos stated he is seeking a recommendation for a conditional use permit which would allow him to serve alcoholic beverages at his restaurant. He would like to have the availability to serve Bloody Marys and Mimosas to his clientele. Deputy Administrator Martin provided the Commission with the Staff Report regarding this matter. He stated the restaurant has been open for six months,time enough for the applicant to determine that the Planning and Zoning Commission March 3,2011 Page 2 availability of alcoholic beverages is something his patrons have requested and would welcome. Mr. Zatos has a thriving business in the community and is now seeking a conditional use permit to allow the service of alcoholic beverages on the premises. Deputy Administrator Martin noted if the applicant is successful in securing a conditional use permit, he would them apply to the Mayor for a liquor license. City Council would then consider the applicants request for the conditional use permit and liquor license simultaneously. Deputy Administrator Martin stated Staff has reviewed the request and supports the recommendation for a conditional use permit subject to the condition that if the restaurant is closed for six consecutive months,the conditional use permit would be revoked. Chairman Schepler invited questions and/or comments from the Commission. The Commission inquired as to why the applicant would like to serve alcoholic beverages. Mr. Zatos noted he serves Bloody Marys and Mimosas at his other restaurants and his customers have requested them at his McHenry location. It was noted the service of Bloody Marys and Mimosas would be a great addition to the menu. The Commission expressed its pleasure in Mr. Zatos introducing his restaurant to the community. It was noted the restaurant has received a great reception on the part of the community. Brief discussion occurred regarding the practicality of the City allowing a connection directly to Municipal Drive from the subject property. Deputy Administrator Martin noted discussions have begun regarding such a connection and/or a cross-access easement among the property owners on the east side of Route 31 between Charles Miller Road and Bank Drive. The City is facilitating those discussions. However, they are at a very preliminary stage at this time. Chairman Schepler stated there was no one in attendance wishing to address the Commission regarding this matter. Motion by Buhrman, seconded by Doherty, to recommend to the City Council with regard to File No. Z- 762, an application for Conditional Use Permit to allow the service of alcoholic beverages at the Brunch Cafe located at 414 South Route 31 as presented by applicant Andy Zatos be granted, subject to the condition that if the restaurant becomes vacant or closes for six consecutive months, the conditional use permit shall be revoked, and that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance, has 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. Planning and Zoning Commission March 3,2011 Page 3 Comments by the Commissioners: Nadeau: Noting that Route 31 is a busy street, he requested the applicant ensure that his Staff would be careful not to over-serve their clients. However, he supported the request for conditional use permit. Chairman Schepler closed the Public Hearing regarding File No. Z-762 at 7:37 p.m. Other Business Deputy Administrator Martin noted tonight's meeting was not on the original schedule. The meeting was set in order to accommodate the applicant who had missed a public notice deadline for the February 17th meeting. Deputy Administrator Martin expressed his gratitude to the Commissioners for their willingness to attend this evening's meeting. Deputy Administrator Martin stated there would also be a meeting on March 17th. Two matters would be considered at that time: • Route 31 Auto—relocating to the Alexander Lumber property; • Chase Bank—full-service facility in place of their drive-up facility at 4400 West Elm Street. Deputy Administrator Martin noted if Chase Bank is successful in moving their facility, it would free up a 4,000 square foot space on the corner of the Market Place Shopping Center. Brief discussion occurred regarding the following: • WalMart moving to Johnsburg and the search to fill the vacant McHenry store; • Border's closing resulting in a good location for another entity; • Goodwill moving into a potion (23,000 square feet)of Dominick's; • Petco moving into a portion of the former Circuit City building; • McDonalds' moving further north on 31 and also opening a new facility on the former LaSalle Bank property; • Warsaw Inn's conversion to a banquet facility. Discussion also occurred regarding potential businesses which could be encouraged to come to McHenry. Adjournment Motion by Ekstrom, seconded by Morck,to adjourn the meeting at 8:02 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 8:02 p.m. Respectfully submitted, Kathleen M. Kunzer, Deputy Clerk City of McHenry FORMA File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry,IL 60050 Tel:(815)363-2170 Fax:(815)363-2173 1. Name of Applicant br�j C Tel l r1 13-S L/6 U Address �'\�'� ��•�\ 1�t�t �:U Fax 2. Name of Property Owner ` x;A Tel -7 7 (If other than Applicant) Address Fax 3. Name of Engineer Tel (If represented) Address Fax 4. Name of Attorney Tel (If represented) Address Fax 5. Common Address or Location of Property 6. Requested Action(s)(check all that apply) —Zoning Map Amendment(Rezoning) _Zoning Variance-Minor Conditional Use Permit —Zoning Text Amendment Zoning Variance —Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit,the specific Zoning Variance needed, or the new zoning classification that is requested: C � FORM A Page 1 of 3 7., Current Use of Property �1r ;MV) 8. Current Zoning Classification of Property,Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties. North: South: " East: ! - � West: 10. Required Attachments(check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee(amount) $ 2. Narrative Description of Request 3. FORM A—Public Hearing Application 4. FORM B—Zoning Map Amendment(Rezoning)Application V 5. FORM C—Conditional Use Application 6. FORM D—Zoning Variance Application 7. FORM E—Use Variance Application —v 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign(Provided by the City,to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis 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 esi�gnation of Applicant(s) 1 FORM A Page 3 of 3 FORM C File Number 2_ CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry {� ` 333 South Green Street o McHenry,IL 60050 a Tel:(815)363-2170 Fax: (815)163-2173 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 ourrequest. I. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 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. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. FORM C Page 1 of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities,in such a way as to place undue burdens upon existing development in the area. 5. Public 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. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. FORM C Page 2 of 2 PLAT OF SURVEY LEGAL DESCRIPTION - - That part of the West Hot of GaVemmant Lnl 1 of the NarthwsK Owrter of S-U 2,Township 44 North,Rorq.B EaK K the Thirtl Prineipol Meriden, ducriWd o.follows: Commencing K a point of tM So.UwoK comer K said WeK Hat of Gov.mmeni Lot t; ,hence North 056'00' EoK obng Inc Fast Rne of wid W.K Holf'0 Govemmant Lot 1,587.62 feet to the polK of boginning; thence North 9000'00'We.t obng line pO.IW with the P I Southarryr lino f wid Weet Half f C.,_nt lot 1,440.08 fact to o point iIn tthe East Hght-af-way Bne K State Route 31; thane.Northerly Wonq sob Hght-K-way line(being bnyy a e rith aw o/785 63/eat as I 0 20 40 cold curve y conYexae to The Ecat7 a h.rtl dietann f 78.32 feri to Ws paint tn• a .r of tangency; thence North ly WeK obn9-id FaK nggnt-o/-way line,61.68/act; Hence North 9000'OV Eari,442.74 f.ri to Me I Y GRAPHIC SCALE:1'-20' line of th.Weal Hot(o/wid GowTmment lot 1; thence South 056'00' I WeK along said Eari Iln., 100.00 feet to the point of beginning. NI contoining 1.0132 xna,mon or yea,in McHenry County,IBitwf•, FOLIO 3/!NON PME I O.1 F•E FOUND 3/4•a0N it xiTa• e/c-e/c ,�+• N WOVIDO'E 442.74'.OEEO a LIF., . = 8 . � AT!HT - rl .^ 4 p; BRICK AND CONCRETE BLACK BUILDING 1.0132 AC- AT W 8 Y { - N N W YY 44O•LKY.MEAl -P.0.8. $ ED 440.W.DE ,a . I PpRa s/C IRON PIPE M• D.a{•s.-a31•E 6 I R 5E CORNEA or M W.1/2 I� Or GOVERNMENT LOP 1 SOUTH UWE OF THE WEST 1/2 OF GOVERNMENT LOT 1 w 111E N.W.1/4 Oi M-90 Land Ca ONdf.,, .LC �1L�C Mnveeae+eA®aa.aat,coaal HAVE SURVEYED THE PROPERTY aoree,.Yowa THE PUT DRAWN IS A •'"�� ILS HEREOF, All DIMENSIONS PLAT OF SURVEY for DIRECT-DESIGN tLS THEREOF. TRY copy Y M rderlu W,h.nd m.y ret.eplG anra! SEA.AT CRESTµ TAKE,WN015 mMWa�'HERITAGE IA110 CONSULTANTS,LLC('HLC)doy mt 9usrantw tlp.avnry.M/ar tNe awnllkhnrs3 of anY d the ER 1998 Irtormabn IIRTUded Y ar m tl,Y wney..LC AIAIAS NO - C).18T),08 /I"fD P"""� scuF:1'.20' rtEV6pFis WARRAIIry,E%PRESs OR 1>•PltlS),AS ro A,Y2IRACY OF THIS 2p24 STATE ROUTE 176 SURVEY AND SRE C`YLY OISCLAa•1S AIRY KESPoNSIBILITY TO CRYSTAL LAKE,LL#105 80014� P ANY PH{SOM 011 ANT ENTTTY USING OR RBYING ON THE SURVEY 72y2 foJRIP wAEN5r 5w OrRA W vPla1+mao EWap 1pxR ATNNi/S1E s5°ORFV EF1YE'R'0nc1A"MAAHBEsR I"i°1'fN{ Mionske TIIC. DATE:10-23-96 JRVEYOR'N0.1790 #DLATES PON STAKE PREPARED FOR: DB'.ELT DESIGN ,HOpppy+ 414 S.RARE 7I REFER TO GEED OR GUARANTEE POLICY FOR BUILDING UNES AND EASEMENTS NOT SHOWN HEREON COMPARE DESCRIPTION AND POINTS BEFORE BUILDING AND REPORT ANY APPARENT DIFFERENCE TO THE SURVEYOR DRAWN BY:MWR CHECKED BY-.TVA JOB N0.TIM N- 1 m— P AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Christopher J. Black, City Administrator FOR: April 18, 2011, Regular City Council Meeting RE: Request for Class G1 Liquor License from BNL McHenry d/b/a Brunch Caf6and approval of the attached Ordinance increasing the number of Class G1 liquor licenses from five to six. Background. Andy Zatos, President of BNL McHenry, has requested a Class G1 liquor license for the Brunch Caf6 restaurant located at 414 South Route 31 . A Class G1 license permits the retail sale of alcoholic beverages at tables only. Analysis. Mr. Zatos owns and operates other restaurants that serve alcohol and is conversant with the Illinois Liquor Control regulations. He has been fingerprinted, met with the Mayor, and paid all fees. Recommendation: It is the recommendation of the Mayor to a) grant a Class G1 Liquor License to BNL McHenry d/b/a Brunch Caf6 effective May 1 , 2011, conditioned upon satisfactory fingerprint reports and BASSET certification for all employees involved in the sale and/or service of alcohol; and, b) attached ordinance increasing the number of Class G1 licenses from five to six. License No. " `�' APPLICATION FOR L IQ LICENSE Fee Received l Date Issued UNDER Date Received CITY OF MCHENRY LIQUOR CONTROL Date Effective ORDINANCE Receipt Issued On q 1 FISCAL YEAR 2010/2011 TO BE FILED WITH THE OFFICE OF THE MAYOR Check No. Cashier's Chk. ALL LICENSES EXPIRE APRIL 30 Cert.Check FOLLOWING DATE OF ISSUANCE Cash NAME OF BUSINESS,ADDRESS,&TELEPHONE � CAI G s - 3y ' 4/ , 1. Please indicate fonm4 ownership:CORPORATION PARTNERSHIP INDIVIDUAUSOLE PROP. IF CORPORATION: 2. Corporation Name: C� Corporate Address: ' &0 Corporate Phone Number. 1 F3U0 ' '75/ 13 230 3. State of Incorporation: T 11rzi 4. IF PARTNERSHIP: Name: Corporate Address: Corporate Phone Number. 5. State of Incorporation: IF INDIVIDUALISOLE PROP: 6. Applicants Full Name: Social Security No.: - Date of Birth: Residence Address: 7. Home Phone: Business Phone: 8. Citizen of U.S.? If a naturalized citizen,when and where naturalized? Court in which(or law under which)naturalized: 9. (A)If Applicant is a PARTNERSHIP,give name and address of all partners holding 5%or more of the partnership interest: (B)If Applicant is CORPORATION,give name,address and telephone number of owners holding 5%or more shares and registered agent: z s 'y 9 -3�� - Su Pd a ks()V--,\ ` QD0 2008 PAGE TWO 10. (A)If Applicant and Local Manager are not the same,give name,address and telephone number of Local Manager. B)Local Manager's: Date of Birth: Place of Birth: Citizen of U.S.? 11. (A)Principal Type of Business: Res ess uV. t n 12. (B)What is current zoning for this property? 13. Type of License Sought: G—j t 14. Date on which business was begun at this location: _ 15. Does applicant own premises for which license is sought?LVQ� If not,state name and address of owner and attach copy of execut d lease.~ 16. If property is owned by a land trust,trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church,school(except institutions of higher education),hospital,home for aged or indigent persons or for veterans and their families or any military or naval station? A. If answer to the above is"YES",is the applicants place of business a hotel offering restaurant service,a regularly organized club,a food shop or other place where the sale of liquor is to the principal business? . If yes,how long has place of business been in operation? 18 If applicant has ever engaged in the business or sale of alcoholic liquor at retail,list address of all locations(may attach supplemental sheet). I- 19. Give applicant's Retailers Occupational tax(ROT)Registration Number. =QQW - Sb3�o 20. Are you delinquent in the payment of the Retailers Occupational Tax(Sales Tax),and if so,the reasons therefore: NO 21 l.If this application is for a new license or a transferred license,attach to this Application a copy of Applicant's balance sheet and operating statement for the past three years,or if not available,other proof of financial responsibility. �2 State name and address of dram shop insurance company for both the licensee and owner of the building in which the alcoholic liquor will be sold for the duration of the license AND attach a copy of the declaration page showing the insured parties and amounts of coverage. S©cle -�Su;tlnce— 39'/0 co- /ouh Ave , br)Mr-, 23. Describe parking ilities available to the business:� l �J 24. Are you familiar with all the laws of the United States,State of Illino nd ordinances of the City of McHenry pertaining to the sale of alcoholic liquor;and will you abide by them? 3E'S 25. Will you maintain the fire premises in a safe,clean and sanitary manner free from conditions,which might cause accidents? 26. Will you attempt to prevent rowdiness,fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? J�S 27. Has any manufacturer,importing)distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license,advanced money or anything else of value or any credit(other than merchandising credit in the ordinary course of business for a peri of in excess of 90 days),or is such a person directly or indirectly interested in the ownership,conduct or operation of the place of business If answer is "YES",give particulars: 28.Have you,or in the case of a corporation,the owners of 5%or more shares of the corporation or the local ma ger,or in the case of partnership, any of the partners,ever been convicted of any violation of any law pertaining to alcoholic liquors? l.. answer is"YES",explain: 29.Have you,or in the case of a corporation,the owners of 5%or more shares of the corporation and th local manager,or in the case of a partnership,any of the partners,ever been convicted of either a felony or a misdemeanor? If so,please describe: 30.Is any individual who is directly or indirectly interested in applicant's place of business,a law-enforcing official or elected public official(mayor, alderman,and member of any City commission,committee or board)?. If so,please state name and address of such person: 2008 PAGE THREE ()31List your occupation or employment with addresses thereof for the past 10 years(if partnership or corporation,list same information for each partner and the local manager—(please attach). 32.Have you ever been convicted of a gambling offense(if a partnership or corporation include all partners,owners of 5%or more shares of the corporation and the local manager)? If so,give all details: 33.Has any owner(s)or member(s)of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation,has any officer,manager,or director thereof;or,any stockholder owning in the aggregate more than twenty(20)percent of the stock,been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? Q13 34. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? y� 35. Have you,or any partner,or owner of 5%or more shares of the corporation or local manager,ever had a liquor license revoked or suspended? 16 S 36. If so,give all details,including location of the licensed property(please attach). CAUTION: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license and/or the issuance of a fine. No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises,either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m.to 5:00 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta Days Celebrations on Parade Day, sell or serve(a) carryout alcoholic beverages (not including packaged liquor sales); or(b)alcoholic beverages in non-original containers, such as plastic cups. Only original containers, such as cans,-bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code,to take place on the licensed premises or on, about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. 2008 PAGE FOUR AFFIDAVIT STATE OF ILLINOIS ) )SS COUNTY OF MCHENRY ) I,the undersigned,being first duly swom,deposes and says that I(we),have read the above and foregoing Application,caused the answers to be provided thereto and all of the information given on said Application to be true and correct,and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. SOLE PROPRIETOR: Signature of Applicant Subscribed and swom to before me this day of 20 NOTARY PUBLIC PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title Subscribed and swom to before me this day of -20 NOTARY PUBLIC CORPORATION: (Authorized Agent of r n Signature \ \ Print Name Title ..o�10C�' ra9n� Matc�a M ub rip�P c� om to befo m�this V0I1Pu)\,c.5%0,e �J,2g,2 l No%N iOn es p •• day of 20 l . O°R`m� • NOTARY PUBLIC MANAGER: Signature of Local Manager Subscribed and swom to before me this day of -'20 NOTARY PUBLIC 2008 ORDINANCE NO. MC-11- AN ORDINANCE Increasing number Class G1 Liquor Licenses from 5 to 6 Brunch Cafe 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY,McHENRY COUNTY,ILLINOIS, as follows: SECTION 1.Section 4-6(6)of the Municipal Code relating to liquor license classification is hereby amended by increasing the number of Class"G(1)" Liquor Licenses from five to six. SECTION 2.All ordinances,or parts thereof,in conflict with the terms and provisions hereof,be and the same are hereby repealed to the extent of such conflict. SECTION 3.This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4.This ordinance shall be in full force and effect from and after its passage,approval and publication,as provided by law. PASSED and APPROVED this 18th day of April, 2011. Voting Aye: Voting Nay: Absent: Not Voting: Abstained: Mayor ATTEST: City Clerk AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Chris Black, City Administrator FOR: April 18, 2011 Regular City Council Meeting RE: Third Amendment to the Redevelopment Agreement of the former Medical Arts Site ATT: 1. Proposed Third Amendment to the Redevelopment Agreement 2. Agenda Supplement re: Third Amendment from April 11a' City Council Meeting Background. In 2007, the City Council approved the original redevelopment agreement for the project undertaken at the property on the northeast corner of Green Street and Waukegan Road. Two subsequent amendments to the original agreement were approved in 2008 and 2009, respectively. The Riverwalk Center project includes 27 residential units and 17,000 square feet in commercial space. The City's participation per the agreement calls for a $2.2 million contribution, $624,000 in property taxes generated by the project for parking and site improvements. First Midwest Bank has taken title to the property from Curtis Commercial and McHenry Riverwalk Center LLC. In addition, First Midwest has entered into a contract purchase agreement with 1110 N Green Street LLC. The purchase of the property by 1110 N Green Street LLC is contingent upon City Council approval of an amendment to the original redevelopment agreement and the subsequent amendments. Staff Analysis. At the April 11t' City Council Meeting, the issues addressed in the amendment were discussed and the prospective buyer was present to answer questions regarding the project. The primary concern of several of the City Council members was whether the property would eventually convert back to condominiums, if the City allows the building to become apartments with the approval of the proposed amendment. Since last week's meeting, the prospective buyer agreed to a new provision that allows the City to withhold a portion of the $624,000 in remaining financial incentives, if the building is not converted back to condominiums within seven years of the closing date on the property. The proposed change allows for the developer to be reimbursed for up to $450,000 in eligible expenses. The balance of the financial incentives will be held by the City. In the event the residential units are not converted into condominiums within the seven-year time period, the City will retain the funds. The provision creates a financial incentive to convert the building to condominiums. Staff understands this does not ensure the building will eventually become condominiums. However, the potential financial penalty and the developer's belief that their profits will be maximized when the building becomes condominiums provide an incentive to convert the building to condominiums at the appropriate time. The prospective buyer was not willing to agree to a stipulation allowing the building to remain apartments for only a specified time period. The proposed amendment also includes some other modifications from the version presented to the City Council last week. First, additional terms, specifically numbers 21 through 24 in Exhibit C, were added to the rules and regulations for the property. Also, language was added in paragraph 10 to require the residential units to be completed in accordance with the attached exhibits provided by the developer. These include references to the flooring, cabinetry, appliances, and other finish materials. Recommendation. Staff recommends approval of the attached ordinance authorizing the execution of the Third Amendment to the Redevelopment Agreement. THIRD AMENDMENT TO REDEVELOPMENT AGREEMENT This Third Amendment to Redevelopment Agreement ("Third Amendment") is entered into this day of April, 2011,between the CITY OF MCHENRY, an Illinois municipal corporation ("City"),1110 GREEN LLC, an Illinois limited liability company("Third Developer") and First Midwest,N.A. ("Titleholder").) RECITALS A. On or about March 5, 2007, the City entered into a Redevelopment Agreement for the property commonly known as 1110 N. Green Street, McHenry, Illinois (the"Original Agreement") with Curtis Commercial, Inc. ("Original Developer"). B. On or about April 7, 2008, the parties to the Original Agreement executed a First Amendment to Redevelopment Agreement ("First Amendment"). C. On or about December 14, 2009,the parties to the Original Agreement and McHenry Riverwalk Center, LLC ("Second Developer") executed a Second Amendment to Redevelopment Agreement ("Second Amendment")which provided in part that all of Original Developer's right, title and interest in and to the Original Agreement was assigned to the Second Developer. The Original Agreement amended by the First Amendment and the Second Amendment is hereafter referred to as the"Redevelopment Agreement, as amended." D. On or about , 20 the Second Developer conveyed to the Titleholder.,by a deed in lieu of foreclosure, all of its right, title and interest to the property commonly known as 1110 N. Green Street, McHenry, Illinois (the "Redevelopment Property"), and all its interest in the Redevelopment Agreement, as amended. E. The Third Developer has entered into an agreement with Titleholder, to purchase the Redevelopment Property. NOW, THEREFORE, the parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: 1. All of the recitals contained in this Third Amendment are true and correct and are hereby incorporated into this Third Amendment as though they were fully set forth in this Section 1. This Third Amendment shall be deemed effective as of April 18, 2011. " 2. Any reference to the term"multi-family residential housing condominium," condominium homes," "owner-occupied"units or similar term evidencing the intent of the parties that the residential units which are a part of the Redevelopment Property shall be owner occupied, in the Original Agreement, attached exhibits, or amendments thereto, or in the Site Development Plan referenced in the Original Agreement or amendments thereto, is hereby amended to include the term "rental apartment units leased by the Third Developer" as being permitted by the City. The Third Developer is permitted to rent the residential units which are a part of the redevelopment property to third parties or convert said units to individual,residential condominiums pursuant to the Illinois Condominium Property Act. 3. Each residential rental unit in the Redevelopment Property(the"residential rental units") shall be subject to an occupancy limitation based solely upon each unit's size and the City of McHenry Building Code, Section 404.4 and Table 404.5, a copy of which is attached hereto as "Exhibit A". The maximum occupancy for each residential rental unit,based upon the square footage of each such unit is set forth on the Riverwalk Information sheet which is attached hereto as"Exhibit B". The tenants of each residential rental unit shall be subject to rules and regulations for the Redevelopment Property, a copy of which is attached hereto as Exhibit C. The City shall have the right,but not the obligation, to enforce the terms of Exhibit C,which shall not be amended without the written consent of the City. The City shall not exercise its right to enforce Exhibit C without providing the Third Developer with written notice to cure in accordance with provisions within the Original Agreement. In addition, the Third Developer shall strictly comply with phase I and phase II of the City of McHenry Police Department's Crime Free McHenry Housing Program, as amended from time to time. Provided,however,the Third Developer shall not be required to post signs on the property regarding said program. In the event the City exercises its right to enforce Exhibit C, the Third Developer shall reimburse the City for all of its costs incurred including reasonable attorney fees and costs. 4. Within forty-five (45) days of the date the Third Developer closes its purchase of the Redevelopment Property from Titleholder, the Boat Slip Access Easement and Assignment, dated October 28, 2008, and recorded on December 30, 2008 in the McHenry County Recorder of Deeds office as Document Number 2008R0063234 ("Boat Slip Agreement") shall be amended to provide, inter-alia, that the easement,revocable license area, and boat slips referenced therein may be used by the Third Developer and the tenants of the residential rental units. Paragraph 3 of the "Piers and Boat Slip Assignment"set forth in said Boat Slip Access Easement and Easement Agreement shall be amended to state that the Right of First Offer referenced therein shall apply to the eight(8) slips at the amount agreed upon between the Third Developer and a good faith third party buyer. The Third Developer shall be entitled to transfer all of its remaining boat slips to any third party who purchases all of the Third Developer's interest in the Redevelopment Property without the requirement that said slips be first offered to the City for purchase. 5. The Third Developer shall be permitted three (3) temporary banners, for a period not-to-exceed two hundred and ten(210) days from the date the Third Developer closes its purchase of the Redevelopment Property from Titleholder,not to exceed 64 square feet each. The Third Developer shall also be entitled to the use of two sandwich board open house signs, 10 square feet each, placed so as not to impede pedestrian traffic during its business hours. The Third Developer shall also have the option of seeking permanent sign variances before the City Council if deemed necessary. 6. Section 7 (iii) of the Original Agreement shall be amended by deleting the reference to "Developer" and substituting in its place the words"Third Developer." 2 7. The Third Developer hereby guarantees and assumes all of the obligations of McHenry Riverwalk Center, LLC relative to a Third Party Beneficiary and Indemnification Agreement-dated August 301h, 2010, a copy of which is attached hereto as "Exhibit D". 8. Section 8.b.c.d. and Exhibit F of the Original Agreement shall be amended by deleting any reference to "Developer" and substituting in its place"Third Developer". By virtue of this Third Amendment, the parties acknowledge that the Third Developer shall receive a maximum reimbursement from the City of the Redevelopment Project Costs, of$624,028.00, "Maximum TIF Reimbursement Amount") as if it were the party which advanced the funds and costs necessary to develop the Development a set forth in the Redevelopment Agreement and any amendments thereto. Provided, however, until such time as all of the residential rental units which are a part of the Redevelopment Property are converted to single-family condominium units pursuant to the Illinois Condominium Act, the Third Developer shall receive reimbursement from the City of the Redevelopment Project Costs not to exceed the sum of $450,000. After the Third Developer is reimbursed the sum of$450,000, the balance of the Redevelopment Project Costs up to the Maximum TIF Reimbursement Amount ("Maximum TIF Reimbursement Balance") shall be deposited into the City's TIF funds accountand held pursuant to the terms of this paragraph. In the event the Third Developer converts all of the residential rental units to single-family condominiums within seven(7) years from the date the Third Developer closes its purchase of the Redevelopment Property from Titleholder and otherwise complies with the provisions of the Redevelopment Agreement, as amended,which relate to the reimbursement of the Redevelopment Project Costs, then the Third Developer shall receive the Maximum TIF Reimbursement Balance sacollected by the City. In the event the residential rental units are not converted to condominiums within said 7-year time period, then upon written notice from the City to the Third Developer to the effect that the City intends to retain the Maximum TIF Reimbursement Balance and Third Developer's failure to provide evidence to the City within 30 days thereafter that all residential rental units have been converted to condominiums, the Maximum TIF Reimbursement Balance shall be retained by and belong to the City and the Third Developer shall have no further claim to such funds. 9. The first sentence of Section 5 of the Second Amendment to Redevelopment Agreement is deleted in its entirety and the following substituted in its stead: "Prior to the sale of any residential dwelling units, Third Developer shall draft and file with the McHenry County Recorder of Deeds a condominium declaration against the Redevelopment Property ("Condominium Declaration"). 10. No later than one hundred and eighty(180) days from the date the Third Developer closes its purchase of the Redevelopment Property from Titleholder, Third Developer shall, at its sole cost and expense, reconstruct the parking lot referenced in Section 4 of the Second Amendment(the "WAHL parking lot"). The specifications of said reconstruction shall be those referenced in Table T1-3, Structural Requirements, for a Bituminous Residential Collector as listed in the Technical Specifications Manual and Standard Details as part of the City's Subdivision Control and Development Ordinance adopted January 19, 2004 by Ordinance No. MC-04-941 and amended August 6, 2007 by Ordinance No. MC-07-926 by the McHenry City Council. In addition, no later than three hundred (300) days from the date the Third 3 Developer closes its purchase of the Redevelopment Property from Titleholder,the Third Developer shall, at its sole cost and expense, complete interior construction,renovation, rehabilitation, alterration and other cosmetic improvements in all twenty-seven(27)residential dwelling rental units, in strict accordance with the interior residential dwelling unit build-out exhibits, depicting countertop, flooring, cabinetry and appliance specifications and finish materials and prepared by attached hereto and incorporated herein as Exhibit E and obtain all 27 certificates of occupancy for the residential units,within said three hundred (300) days of the date hereof. The city shall not reasonably withhold the issuance of said occupancy permits. The parking lot reconstruction and completion of the residential rental units shall collectively be referred to as, "Parking and Completion Requirements". Other than meeting the Parking and Completion Requirements, the Third Developer shall not be required to obtain any building or other permits from the City or pay any fee or cost to the City as a condition of allowing it to complete the interior of any of the residential rental units. In order to secure timely compliance with the Parking and Completion Requirements, any TIF distributions otherwise payable by the City in 2011 shall be withheld until the Third Developer has met the obligations of the Parking and Completion Requirements. 11. The City represents and warrants to the Third Developer as follows: a. That,with respect to the Redevelopment Agreement, as amended, and the Redevelopment Property, all of the Developer's financial obligations,with the exception of obligations referenced in this Third Amendment have been fully performed and accepted by the City. b. That the Third Developer shall be allowed to construct additional physical amenities to the Redevelopment Property including but not limited to a gym area,business center and/or common roof top sun deck, subject to the provisions of the applicable City ordinances. C. That all parking requirements for the Redevelopment Property have been met,with the exception of the re-construction of the WAHL parking lot. d. That there are no outstanding building code, zoning ordinance, or any other City of McHenry code violation with respect to or affecting the Redevelopment Property. e. That the Redevelopment Property is zoned C-4 Commercial District by the City of McHenry Zoning Ordinance and that there are no minimum parking requirements for any permitted uses in said zoning district. 12. The City hereby consents to the assignment of the right,title, and interest in and to the Redevelopment Agreement, as amended from the Second Developer to the Third Developer. This Third Amendment shall run with the land,be filed in the office of the McHenry County Recorder of Deeds and be binding upon the parties hereto and their successors and assigns. Third Developer may also collaterally assign all of its rights hereunder to Third Developer's lender without any further action and without consent of the City and to any third party, without any further action and without consent of the City as long as the third party agrees 4 to be bound to the terms and provisions of the Redevelopment Agreement, as amended, and this Third Amendment. 13. In the event the terms of this Third Amendment conflict with the terms of the Redevelopment Agreement, as previously amended,the terms of this Third Amendment shall govern. Except as specifically provided herein,the Redevelopment Agreement, as previously amended, shall remain in full force and effect. 14. All notices, demands, requests, consents, approvals, or other instruments required or permitted by this Amendment and the Redevelopment Agreement, as amended, shall be in writing and shall be executed by the party or an officer, agent, or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally,or as of the third(3ra) day from and including the date of posting, if mailed by registered or certified mail,return receipt requested,with postage prepaid, addressed as follows: To the Third Developer: Roy Blavvise 1110 Green LLC 655 Irving Park Road, Suite 105 Chicago, IL 60613 With a copy to: Steven J. Cuda Hamer, Schuh& Cuda 101 Van Buren Street Woodstock, IL 60098 To the City: City Administrator City of McHenry 333 South Green Street McHenry, IL 60050 With a copy to: David W. McArdle Zukowski, Rogers,Flood &McArdle 50 Virginia Street Crystal Lake, IL 60014 15. This Third Amendment shall be null and void in the event Third Developer fails to close its purchase of the Redevelopment Property from Titleholder within one hundred and twenty(120) days of the date hereof. Third Developer shall provide the City with written documentation that it has closed said purchase within fourteen (14) days of the date of closing. 16. No single party shall be deemed to have drafted this Third Amendment or any portion thereof. This Third Amendment is a product of the collaborative efforts of the parties and their attorneys. IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed by their duly authorized officers on the above date in McHenry, Illinois. 5 City of McHenry 1110 Green, LLC By: By: Its Mayor Its Manager First Midwest,N.A. 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No dogs, cats or other animals shall be kept or allowed in the Premises except with the Lessor's prior consent and subject to the conditions set forth in any such consent.No animals shall be permitted without a leash in any public areas of the Premises. Assist animals are permitted. 2. No additional locks or other similar devices shall be attached to any door without Lessor's written consent. 3. Lessee shall not install or operate any machinery,refrigeration or heating devices or use or permit onto the Premises any inflammable fluids or materials which may be hazardous to life or property. 4. Hallways, stairways, and elevators shall not be obstructed or used for any purpose other than ingress and egress for the Building,nor shall children be permitted to play in the common areas,nor shall Lessee place or store any items in the hallways or common areas of the Building. 5. No musical instrument shall be played and no radio or television set shall be operated at any time in such manner as to disturb or annoy other occupants of the Building,nor shall other noises be made which will disturb or annoy any occupants of the Building. Operation of electrical devices which interfere with radio or television reception shall not be permitted. 6. All moving and delivery shall be through the rear entrance, stairway or service elevator at hours designated by Lessor. 7. Lessee shall maintain the smoke detectors and carbon monoxide (CO) detectors, and replace the batteries when necessary. 8. Lessee shall inform the Lessor in writing of Lessee's intent to renew not less than forty- five (45) days prior to Lease expiration. 9. Washrooms shall not be used for any purpose other than that for which they are designed, and no rubbish,rags, or injurious items shall be placed in plumbing facilities or receptacles. 10. Lessee shall not place or permit any article or antenna outside of the windows, on the exterior walls, or on the roof of the Building, and shall not throw or drop any article from any window. 11. Lessee shall not place, erect or install any signs or advertisements any part of the Building or Premises. sements on ,nor on the windows 12. All garbage or refuse shall be securely wrapped container. PP and placed in the incinerator or garbage shall not be permitted in the Premises 14. Lessee shall not interfere in without Lessor's written consent. the Building, nor run an cords or eleariner ctrical cal the heating g or lighting or other fixtures in appliances in violation of the Building 15. Lessee shall not solicit, canvas or conduct 16, any door-to-door activities on the Premises. Lessor requires Lessee to provide appropriate renter's s insurance for Lessee's Personal 17. Wight of Access to Show A have the right Apartments to Prospective Tenants Lessor's other invitees, apartment to all prospective ten antanand chasers: Lessor shall accordance with local statutes and/or ordiP'nanceseTenant shall any f not interfere with Lessor's efforts to lease the apartment or s shall be liable for any damages caused by breach of this r ell the property, and tenant 18. Lessor has the rightP ovision. to bar individuals from the Premises. Tenant must info of all Lease provisions regarding use of the Premises and all these provisions are violated by the tenant's inform their guests arrested for criminal trespassing, after the h rules and regulations. If guests, the guest may be barred and/or been placed on a barred list b Y have received a barred notice and then have and regulations, it shall be o Lessor. If the tenant violates the Lease or any of the rules grounds for termination of tenancy. 19. The outside window covering shall be of a neutral color. 20. If Lessee vacates the apartment prior to the Lease expiration approved sublet or Lease cancellation agreement, the partment willtbe nl placed any market when vacant and the apartment keys are returned. Lessee shall be r don the monthly rent until the Lease expires or the apartment is re-leased. esponsible for 21• -No personal property shall be left in an y public area and residents laundry, clothing or anything else on patios, balconies orwindowsil sail not hang towels, 22• --Boxes, trash, or other items shall not be stored outside the apartment doors o or balconies. r on patios 23• -Bicycles and motorcycles shall not be stored or kept on patios, balconies or under stairways or in any other areas not designated by Management. 24. No boats,trailers,house trailers,recreational vehicles, vans,trucks and similar type vehicles larger than one-half ton capacity shall be parked or stored in or about the premises without the written consent of Management. --Violation of any of these rules and regulations shall be grounds for immediate termination of this apartment lease. The City of McHenry has the right but not the obligation to enforce these rules and regulations. "Exhibit D11 Third Party Beneficiary and Indemnification Agreement dated August 301h,2010 ORDINANCE NO.ORD-10-1512 AN ORDINANCE AUTHORIZING THE EXECUTION OF A PARKING LOT LEASE AGREEMENT BETWEEN THE CITY OF MCBENRY AND EDWARD J NEUMANN JR,AS TRUSTEE,UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED JUNE M 2007,AND KNOWN AS THE EDWARD L NEUMANN,JR.TRUST, FOR THE PROPERTY LOCATED AT 1111 N GREEN STREET,IN THE CITY OF MCHENRY, MCHENRY COUNTY,UAJ NOIS WHEREAS,Edward I Neumann Jr.,as Trustee,under the provisions of a Trust Agreement dated June 15,2007,and known as the Edward J.Neumann Jr.Trust,is the legal owner of record and the City of McHenry is the designated lessee of a portion of the real estate which includes two parking lot areas off of Green Street and Waukegan Road located at I I I I N Green Street in the City ofMcHemy,Minis. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS AS FOLLOWS: SECTION 1: The Lease Agreement,bearing the date of August 30,2010 between Edward J Namom Jr.Trustee,record owner,and the City of McHenry a Municipal Corporation in the State of Illinois designated lessee be and the same is hereby approved. A complete and accurate copy of said lease agreement is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Lease Agreement for the uses and purposes therein set forth- SECTION 3:All Ordinance or pans thereof in conflict with the terms and provisions hereof are hereby . repealed to the anent of such conflicE SECTION 4:This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHeny,McHenry County,Illinois. SECTION 5:Ibis Ordinance shall be in frill force and effect from and after its passage,approval,and publication in pamphlet form as provided by law. Passed and Approved this 3e day of August,2010 AYES: Sand,Glab,Schaefer,Blake,Wimmer,Peterson,Condon. NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None MAYOR° ATTEST: Zro LEASE AGREEMENT 1111 NORTH GREEN FM ET,Mc HENRY, r INO c This Lease Agreement("Agreement")is entered into as of this 36 VA day of �dd,II_ 2010,by and between Edward l:Neumm a ,Jr.,as Trustm imder the provisioinFIIrI.'Q Agreement dated June 15,2007,and known as the Edward J.Neuman",Jr.Trust,property owner ("Lessor')and the City of McHenry,an Illinois municipal corporation('Lessee"). RECITALS A. Lessor presently owns two puling lots,located on the southerly portion of I I I I North Green Street,McHenry,Illinois;specifically,the lower south lot with access from Green Sued and the upper south lot with access fiom Waukegan Road,each identified by crosshatching on the aerial photograph attached hereto("Premises`).The Premises lies within PIN 09-26-3g0-014. B. Lessor desires to lease to Lessee the right to manage,operate and maintain a public parking facility on the Premises. NOW,THEREFORE,for and in consideration of the foregoing Recitals,the mutual covenants and agreements act forth berein,and other good and valuable consideration,the receipt,adequacy and ttufficiency of which are hereby acknowledged and accepted by the Parties hereto,Lessor does hereby gnat to Lessee the right to manage,operate and maintain a public parking facility subject to and in accordance with the following: 1. FEE AND 31 M Lessee covenants and agrees to pay Lessor the sum of Five Hundred Dollars and No/100($500.00)per month for the Premises,commencing October 1,2010,and on a month-to-mouth basis thereafter.Payments shall be made by the 10e of each month.Either party may at any time terminate this Agreement by giving the other party sixty(60)days'prior written notice of its intention to so terminate. 2. PURPOSE OF USE.The parties agree that the purpose of this Agreement is to insure that the Premises and all of the improvements,including but not limited to;the paddng surface,stairs, handrails,sewer gates,light pole and/or lighting fixtures,and walkways are being leased"m is"with no implied warranties or representations.Lessee will make any modifications or improvements to these elements at its sole expense,only after receiving approval for such modifications from Less",the approval of which will not be unreasonably withheld.Lessee shall restore the streetlight located between the two puking lots,Lessor,at its cony will provide the electricity to power the light Lessee acknowledges that ten parking spaces along the west line of the upper south parking lot with access from Waukegan Road(shown on the attacked drawing ss"Reserved Spaces")will be available exclusively for Landmark School's usage,on school days only when school is in session,and it will be the school district's responsibility to post and control that restriction. 3. USE BY PUBLIC AND SSOR During the term of this Agreement,Lessee shalt permit and not interfere with or infringe upon the use of the parking facility by the general public or Lessee,its agents or employees,subject to ten lurking spaces partially reserved in paragraph 2,above. Also,throughout the term of this Agreement,Lessor shall be permitted access to the Premises to park an amphibious DURW in the lower south parking lot,without restriction,for a ten-day period of Lessor's choosing each calendar year.Lessee shall make available parking spots necessary to park such vehicle. 4. M.AZUENANCE AND ACCESS,Lessee,at its own cost and expense,shall manage the parking facility and shall be responsible for the performance of"Routine Maintenance"throughout the term of this Agreement.Routine Maintenance shall include,but shall not be limited to snow removal, sweePim sealcostim ramulong and peachmg pavement associated with the operation of the puking facility.Lessee has no obligation to otherwise repair or recomuw the parking&dlity. S. . SIGNS Lasae shall be permitted to places sigsage on the premise,includin&but ant limited to two that re4"Parking for(been Stint Businesses Only". 6, LEGAL AND INSURANCE.Less shell mans8e,open tu,makoin and use the J m�puldng&cdity in compliance with the rcquirmnems of all ktnl,state and federal Lessor with a certificate roles and regulation;of in effect during the teen of this Agreement I eases will provide general liability insurance covering the Premises naming Lessor as as additional insured. 7. LESSOR'S TrM .Lessor hereby covenants quiet enjoyment of the Premises. I asor assume my damages Lessee may sustain as a result of or in o mectiea with,my wan or hilum at any time of Lessor's good title to the Premises. a. INDEMMCAIIQN,To the extent covered by applicable insurance,the L==hereby indemnifies and holds harmless Lessor from any and ail injuries smtaimA mcluding death,to any pemrittee who enter onto the Premises for purposes of this Agreem=L 9. T9XES.Lessor SW be responsible for payment of all real estate taus and special. assesmens,if say,assessed against the Premises and Premises parking patility,inrWing but not limited to real estate taxes assessed. 10. NOTICES All notices am hereunder shall be seat via first class mail,postage prepaid as follows: Lessee: City of McHeny 333 S.Green Street Mclea ,Illinois 60050 Attention:City Administrator Lessor. Edward J.Naumann,Jr.,as Trustee, ewer the provisions of a Trust Agreement dated June 15,2007,and known as the Edward J.Neumann.Jr.Trust 308 Country Club Dr McHenry,IL 60050 11. SEVERABILITY.If any provision or any portion the+eut costamed is this Agreement is held unconstitutional,invalid or unenforceable,the remainder of this Agreement or a portion thereK shall be deemed severable,shall not be affected and shall remain in force and effect LESSEE: R uZ., LESSO BY � 01D Susan E.Law,Mayor •dward J. Juts ere 2 TTHnD PARTY DZ EFIC 41t E1IIIVIFI .ATTON The undemigned,McHenry Riveewalk Center,LLC("Developer's hereby acknowledge that the above-referenced Lease Agreement was entered into,to a large extent,to accownodate current and future needs of the Curtis Commercial Center located across Omen Street from the Premises.As consideration Of the City of McHenry("City')entering into the Lease Agreement,the Developer agrees to hereby indemnify and reimburse the City for each and every obligation and related expenses it has under the terms of said Lease Agreement.Specifically,Developer shall 1)pay to the City the same payment the City pays to the Edward J.Neumann,Jr.,as Tnatee,under the provisions of a Trust Agreement dated June 15,2007,and known as the Edward L Neumann,Jr.That under the Leese Agreement and at the same time the City's payment is due;2)restore the streetlight between the two parking Iota and 3)at its own expense,perform all Routine Maintenance obligations set forth in the Lease Agreement.In the event the Developer defaults on its obligation to perform Routine Maintenance the City reserves the right,but not the obligation,to perform said Routine Maintenance and the Developer shall reimburse the City upon written request for related expenses.Developer shall maintain liability insurance on the leased premises dining the term of this lease and the City shall be named an additional insured The limits of liability shall not be less than Sl million per person and in the aggregate.Evidence of this insurance coverage shall be provided to the City upon�cex t'on oft s went and thereafter upon reasonable requesL + Agreed to this day of LC- Mc Rivetwalk ter,LLC By zvnnmr�.aryctyonrt�.u.a..,t�,�,m�.aa Exhibit E Interior Residential Dwelling Unit Build-out Exhibits,Depicting Countertop, Flooring, Cabinetry and Appliance Specifications and Finish Materials Luxury surrounds you, mcryu.Viciv )�oit look • Granite countertops - 1"x1"tiled glass backsplash • 18x1.8 porcelain. tile `"ith glass or for kitchen stone >rlserts for kitchen and baths • Stainless steel appliances • Berber. carpeting • Full glass shower doors • 42"seined wood cabinets with - Tiled foyer entrance crown. molding • 2 panel interior wood doors New Lifestyle A menities s a Fitness Center with Wrap around sun deck Business Center with state-of-the-art equipment overlooking waterfront fast internet connection . . .plus all the convenience of dining and high-end retail eight inside the huildinT. ORDINANCE NO. ORD- AN ORDINANCE AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT ("THIRD AMENDMENT") TO A REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF MCHENRY, AN ILLINOIS MUNCIPAL CORPORATION ("CITY"), 1110 GREEN LLC,AN ILLINOIS LIABILITY COMPANY ("THIRD DEVELOPER") AND FIRST MIDWEST BANK N.A. FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF GREEN STREET AND WAUKEGAN ROAD AND COMMONLY KNOWN AS 1110 N GREEN STREET, MCHENRY, 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 execution of this agreement constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and WHEREAS, On or about March 5, 2007, the City entered into a Redevelopment Agreement for the property commonly known as 1110 N Green Street, McHenry, Illinois (the "Original Agreement") with Curtis Commercial, Inc. ("Original Developer"); and WHEREAS, On or about December 14, 2009, the parties to the Original Agreement and McHenry Riverwalk Center, LLC ("Second Developer") executed a Second Amendment to Redevelopment Agreement ("Second Amendment") which provided in part that all of Original Developer's right, title and interest in and to the Original Agreement was assigned to the Second Developer; and WHEREAS, On or about , 20_, the Second Developer conveyed to First Midwest Bank, N.A., by a deed in lieu of foreclosure, all of its right, title and interest in the property commonly known as 1110 N Green Street, McHenry, Illinois (the "Redevelopment Property"), and all its interest in the Redevelopment Agreement, as amended; and WHEREAS, The Third Developer ("Third Developer") has entered into an agreement with First Midwest Bank,N.A., to purchase the Redevelopment Property; and WHEREAS, the Corporate Authorities of the City of McHenry have found that entry into said Third Amendment ("Third Amendment") is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Mayor and City Clerk are hereby authorized to execute the Third Amendment(attached hereto as Exhibit A and made a part hereof). SECTION 2: All ordinances or parts thereof in conflict with the terms and provisions hereof be and the same are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this day of , 20_ Voting Aye: Voting Nay: Not Voting: Abstained: Absent: Mayor ATTEST: City Clerk EXHIBIT A THIRD AMENDMENT TO THE REDEVELOPMENT AGREEMENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Chris Black, City Administrator FOR: April 11, 2011 Regular City Council Meeting RE: Third Amendment to the Redevelopment Agreement of the former Medical Arts Site ATT: 1. Original Redevelopment Agreement 2. Second Amendment to the Redevelopment Agreement 3. Boat Slip Access Easement and Assignment Provisions 4. Proposed Third Amendment to the Redevelopment Agreement Background. In 2007, the City Council approved the original redevelopment agreement for the project undertaken at the property on the northeast corner of Green Street and Waukegan Road. Two subsequent amendments to the original agreement were approved in 2008 and 2009, respectively. The Riverwalk Center project includes 27 residential units and 17,000 square feet in commercial space. The city's participation per the agreement calls for a $2.2 million contribution consisting of land acquisition ($1.348 million), reimbursement of permit fees ($227,000), and $624,000 in property taxes generated by the project for parking and site improvements. First Midwest Bank has taken title to the property from Curtis Commercial and McHenry Riverwalk Center LLC. In addition, First Midwest has entered into a contract purchase agreement with 1110 N Green Street LLC. The purchase of the property by 1110 N Green Street LLC is contingent upon City Council approval of an amendment to the original redevelopment agreement and the subsequent amendments. The following are the primary issues addressed in the proposed third amendment: • Conversion of the residential dwelling Units from individual condominiums to apartments; • Creation of rental and property standards for the development in an effort to ensure quality of the property; • Establishing deadlines for completion of the "Wahl" parking lot and the residential units; • The disposition of the remaining financial incentives for the project; and • Modifying terms related to the eight boat slips provided to the developer as part of the original redevelopment agreement. Staff Analysis. The prospective buyer has 17 years of experience in acquisition, disposition, management and construction in various parts of the country and in the last three years has successfully redeveloped more than thirty rental properties. In a property similar to the Riverwalk Center, the developer acquired Park View Residences in Chicago, which has 52 apartments and 30,000 square feet of retail space. Since the property was acquired less than six months ago, it has undergone a renovation and the occupancy rate has increased substantially. Staff believes the prospective buyer has demonstrated substantial interest and an inclusive plan for the property since first meeting with.the city representatives last month. The buyer has met with staff on several occasions to go through the building to determine its condition and the status of the units and met with the property's commercial tenants. Also, the buyers have invested in planning for the completing the residential units and construction of a business office and fitness center at the site and worked with a marketing firm to determine how to best promote the property in the future. Staff has worked with 1110 N Green Street LLC to develop the proposed amendment to the redevelopment agreement for the former Medical Arts Site. At this point, staff believes is has addressed all outstanding issues with the prospective buyer and is seeking feedback from the City Council on the proposed terms. The most significant change to the agreement is conversion of development from condominiums to apartments. The prospective buyer seeks this change because it appears to be the most viable option for the building in the intermediate term due to the state of the housing market locally and nationally. 1110 N Green Street LLC looks forward to this property eventually becoming condominiums, because it would lead to a greater return on their investment. However, the purchasing group has taken the position conversion of the property back to condominiums needs to coincide with resurgence in the housing market. This position is similar with that taken by First Midwest Bank and likely any other prospective buyer in the current housing market. In an effort to maintain the value of the development, the City has taken steps to create rental and property standards. The steps include requiring the buyer to comply with provisions of the Crime Free Multi-Housing Program and occupancy limitations. In addition, the changes provide the city the right, if necessary, to enforce common area rules, which'are included in the rental restrictions, inside and outside of the building. A third significant issue addressed in the amendment is the ability of the prospective buyer to be eligible to obtain the remaining incentives on the project for work completed by the prior developer. Based on the second amendment of original agreement, the developer is eligible for $624,028 in tax increment revenues for costs on public parking spaces within the parking lot ($182,430), public boat pier ($47,000), landscaping improvements ($110,598), and site development ($284,000). Based on inquiries the prospective buyer had with First Midwest Bank, the majority of this work has been completed, with a notable exception being the completion of the Wahl Lot. The City will require the prospective buyer to submit proper documentation, as required by the original agreement, to receive reimbursement and only receive payouts supported by the property tax increment generated by the project. The amendment also addresses deadlines for completion of the Wahl parking lot and 27 residential units in the building. The current version of the amendment provides the prospective buyer from the date of closing on the property 180 days to complete the Wahl lot and 300 days to complete the interior improvements to the residential units. In order to secure compliance with the deadlines, the City will withhold payment on any tax incentive distributions until 1110 N Green Street LLC meets its obligations. The prospective buyer has expressed the intention to complete the parking lot and the residential units well before the deadlines and is seeking additional time to mitigate unforeseen circumstances that could lengthen the construction. Staff believes the deadlines could be shortened while still addressing the buyer's concerns. In regards to the boat slips, the third amendment allows 1110 N Green Street LLC to maintain ownership of the eight boat slips associated with the property and also obtain the right to lease the slips. This provision seemed reasonable based on the fact that in the short-term the slips would no longer be associated with owner occupied units. The City would have the right of first offer and the right of first refusal on the slips at market value, as opposed to $30,000 stipulated in second amendment, should the there be an effort by the building owner to sell the slips. Also included within the body of the proposed amendment are several other provisions that were necessary to address. These include the following: • allowing additional temporary signage, in the form of banners and small open house sandwich-board signs, for the sole purpose of promoting the building to prospective renters; • requirements for the buyer to assume payment, maintenance and other obligations associated with the public parking lease agreement the City entered into with Ned Neumann in August 2010; • a stipulation the agreement will become null and void if the buyer does not close on the purchase with First Midwest Bank within 120 days of the date of the proposed amendment; and • tying the proposed amendment to the property to ensure if the buyer transfers ownership of the property at any time in the future the new owner would be subject to identical terms. Staff has provided an amendment for consideration that, to the extent possible, protects the city's investment in the project. Although the type of residential units differs from the original intent of the project, staff believes quality residential units, whether condominiums or apartments, will be an asset to downtown revitalization efforts. At the meeting Monday, the prospective buyer group and partners will be on-hand to present additional information on project and to answer any questions. Recommendation. If the City Council is agreeable with the proposed changes, staff recommends approval of the attached ordinance authorizing the execution of the Third Amendment to the Redevelopment Agreement.