No preview available
HomeMy WebLinkAboutPacket - 04/04/2011 - City Council City of McHenry,,-. � a �w 333 South Green Street _ www.ci.mchenry.il.us McHenry,Illinois 60050-5495 — Mayor's Office AGENDA (May 's Office 08 REGULAR CITY COUNCIL MEETING Fax 5)5) 3-2108 9 Monday, April 4 2011, 7:30 PM Administration 1. Call to Order (815) 363-2100 Fax (815) 363-2119 2. Roll Call Construction and 3. Public Hearing: Amendment to Gary Lang Annexation Agreement Neighborhood Services (815) 363-2170 4. Public Input Session: 10 Minute Limitation Fax (815) 363-2173 5. Consent Agenda: Finance Department A. Resolution in support of approval for Centegra Hospital-Huntley; (815) 363-2100 B. Temporary use permit, Gary Lang Auto Group, 1107 S Route 31; Fax (815) 363-2119 C. Temporary use permit, Home Depot, 2461 N Richmond Road; D. March 21, 2011, City Council meeting minutes; and Parks and Recreation E. List of Bills. (815) 363-2160 Fax (815) 363-3186 6. Conditional use permit and variances, Chase Bank, 4302 West Elm Street Police Non-Emergency 7 Sign variances, Chase Bank, 4302 West Elm Street (815) 363-2200 Fax (815) 363-2149 8. Committee Recommendation: Approve 1) ordinance regulating wireless alarm monitoring Public Works systems; 2) bid from Fox Valley Fire Safety for Wireless Alarm Monitoring System; and 3) (815) 363-2186 ordinance authorizing the execution of an Intergovernmental agreement regarding Fax (815) 363-2214 installation, operation, and revenue sharing for the wireless alarm monitoring system with MTFPD 9. Mayor Statement and Reports Mayor Susan E. Low 10. Committee Reports City Clerk 11. Staff Reports Janice C. Jones Treasurer 12. Future Agenda Items Steven C. Murgatroyd 13. Executive Session: Potential Litigation Aldermen 14. Adjournment WARD 1 Victor A. Santi Posted: March 30, 2011 WARD 2 Andrew A. Glab WARD 3 Jeffrey A. Schaefer WARD 4 Geoffrey T. Blake WARD 5 Richard W. Wimmer WARD 6 Robert J. Peterson WARD 7 Geri A. Condon ^w PUBLIC HEARING TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: April 4, 2011 Regular City Council Meeting RE: First Amendment to the Amendment of Lang Annexation Agreement ATT: 1. Amendment to Lang Annexation Agreement (March 2003) 2. Ordinance Executing Proposed Amendment 3. Sign Exhibits 4. Letter from Gary Lang Auto Group (March 17,2011) BACKGROUND The Lang Parcel was originally included in the 276-acre McHenry Corporate Center. In 2002 the McHenry Corporate Center Annexation Agreement, approved in 1989, was amended to reflect the resubdivision, zoning map amendment and conditional use permit for the property on south Illinois Route 31 where Gary Lang Auto Group is presently located. Gary Lang Auto Group has requested changes to the provisions addressing signage and sidewalks. Signage. The first revision requested is 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). Attached to this supplement are three sign exhibits, a wall sign exhibit, freestanding sign exhibit marked Plan A and a freestanding sign exhibit marked Plan B. Each of the three sign exhibits corresponds with attached sign elevations. If the City Council is agreeable to the proposed signage requests staff will include all the attached sign plans and elevations as exhibits to the amendment. Proposed Import Building Wall Signage: In accordance with the current agreement wall signs are permitted on each building consisting of the name of the vehicle make or makes offered for sale on the parcel, plus the corporate logo of the manufacturer, as well as the name of the dealership, of a size in the same proportion as on the existing dealership building. The proposed building signage exhibit is in substantial compliance with the existing agreement with the following exceptions: five Gary Lang logos are included (north, south and east elevations), two Kia logos are included (east and south elevations), two Subaru wall signs are proposed (east and north elevations), and three ancillary signs consisting of two "service" walls signs and one "car wash" wall sign (east elevation). Proposed Freestanding Signage-Plan A: Plan A includes freestanding sign specifications for each of the four import vehicle manufacturers. Each of the following four vehicle manufacturers is requesting a freestanding sign: Mahindra, Mitsubishi, Kia and Subaru. Under the current agreement five freestanding signs are permitted, one on each of Lots 1, 3, 4, 5 and 6. Under Plan A, five freestanding signs are proposed adjacent to Illinois Route 31: Lot 2-one sign and Lot 4-four signs. Proposed Freestanding Signage-Plan B: Plan B includes a total of three freestanding signs adjacent to Illinois Route 31. The existing monument sign would be updated with face changes and by replacing the existing bulbs to LED bulbs. The second proposed freestanding sign would include all the import brands and be located on Lot 4 where the import building is being constructed. The third freestanding sign would advertise the used vehicles for sale and be located between Lots 3 and 4. An existing freestanding KIA sign adjacent to Route 31 on Lot 3 would be relocated to Lot 4 adjacent to the import building. This sign would be west of the parking/sales display area as a secondary freestanding sign and will be closer to the building as opposed to adjacent to Route 31. An existing Mitsubishi sign on Lot I would be removed permanently if Plan B is approved. Sidewalks. Attached is a letter from Gary Lang to Chris Black dated March 17, 2011 requesting a second amendment to the agreement approved in 2002. This amendment request is to alter paragraph six, Engineering Improvements, subsection (c) on page five by deferring the $21,100 sidewalk contribution until sidewalks are installed or Lot 6 is fully developed. Lot 6 is the lot farthest to the south on Route 31 south of Dayton Street on the west side of the road. Currently a new building is being constructed on Lot 4 to accommodate the Gary Lang Import Franchises and the $21,100 sidewalk contribution is due prior to the occupancy of the first new building constructed on Lots 4, 5 or 6. ANALYSIS In regards the first amendment addressing signage, staff prefers Plan B which includes three freestanding signs adjacent to Route 31 consolidating all the vehicle brands. Staff believes this plan will be more visually pleasing because all three monument signs have a similar design. The signage in this plan should also be less visually disruptive for drivers than the four individual freestanding signs. The proposed import sign will be located adjacent to a future entrance lining up with Dayton Street on the east side of Route 31, the import sign can accommodate two additional vehicle manufacturers if necessary in the future. The three signs proposed would identify one of three types of vehicles sold (domestic, imported and used vehicles) and direct customers entering the site in the appropriate direction as opposed to four different freestanding signs. This development includes six lots, which will most likely be all vehicle-related in some form or fashion, and the three monument signs support this concept tying all the parcels together with a consistent identity. RECOMMENDATION To conduct the public hearing on the proposed First Amendment to the Amendment to Lang Annexation Agreement and discuss. 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 proposed by Gary Lang. The Mayor and City Council vote on this item, with a two-thirds majority or six votes required for approval of the Amendment. If this amendment is not approved as presented, staff would request direction from the City Council as far as any future amendment regarding these issues that can be brought back to a subsequent meeting. I*ICHEhIRY COUNTY RECORDER PHYLLIS K. WALTERS - City of McHenry ,I2,>::.:��3 Z3�::�: :_L -dy.�':�7 :�_ ���a 10/31./2003 11:00AM PAGES 32 RECORDING FEE 106.99 COUNTY STAMP FEE STATE STAMP FEE 333 South Green Street McHenry, Illinois 60050-5642 (81.5) 363-2100 FAX: (815) 363-2119 C E R T I F I C A T I O N I, Janice C. Jones, City Clerk in and for the City of McHenry, Illinois, and keeper of the official records, files, and seal thereof, do hereby certify that the attached document is a true and correct copy of Ordinance No Ord-02-1105 providing for an Amendment to the Annexation Agreement dated November 4, 2002 between the City of McHenry and American National Bank Trust, passed by the City Council of the City of McHenry, Illinois, at a regular meeting of said Council held on the 4th day of November, 2002, and the same was signed and approved by the Mayor of said City on the 4th day of November, 2002. IN WITNESS WHEREOF, I have hereunto set my hand and :" GE afz:�ed the corporate seal of the City of McHenry, Illinois .thig,.30 day of October, 2003. Jani a Jones, y Clerk Y !� of the C ty o McHen , llinois Prepared by and Mail to: City of McHenry, Office of the City rk 333 S. Green St McHenry IL 60050 815-363-2100 03 - 099 - 4196 �D0,3i�D/�9710 ORDINANCE NO. Rn-ng-11 5 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ANNEXATION AGREEMENT FOR AN APPROXIMATELY 20 ACRE PROPERTY AT 1107 S. ILLINOIS ROUTE 31 AND ADJACENT PROPERTY TO THE SOUTH ALONG ILLINOIS ROUTE 31 IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS., The City of McHenry and American National Bank, as Trustee under Trust No. 120090-07, dated February 14, 1995,American National Bank,as Trustee under Trust No. 121340-03, dated February 14, 1996, Prime McHenry Properties, LLC and Gary Lang desire an amendment to the Annexation Agreement passed by the City Council on July 19, 1989 recorded as Document Number 89R-026256, and executed August 14, 1989, to facilitate the resubdivision and expansion of the Gary Lang property, a Zoning Map Amendment, and a Conditional Use Permit; 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 amended 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 amended agreement is in the best interest of the City. NOW,THEREFORE, BE IT ORDAINED BYTHE MAYORAND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: That the Amendment to the Annexation Agreement, bearing the date of November 4,2002, between the City of McHenry, a Municipal Corporation in the State of Illinois, and American National Bank, as Trustee under Trust No. 120090-07, dated February 14, 1995,American National Bank, as Trustee under Trust No. 121340-03,dated February 14, 1996, Prime McHenry Properties, LLC and Gary Lang, be and the same is 1 03 - 099 .. 4. 19.7. . C• 1 hereby approved. A complete and accurate copy of said amended agreement is attached to this ordinance and incorporated herein by reference as"Amendment to Lang Annexation Agreement dated November 4, 2002". SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said amended agreement forthe uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS 4TH DAY OF NOVEMBER , 2002 AYS: BOLGER, GLAB, LOW, MURGATROYD, WIMMERLALTHOFF NAYS: NONE NONE ABSTAINED: ABSENT: NONE NOT VOTING: NONE APPROVED THIS 4TH DAY OF NOVEMBER , 2002 MAYOR ATTEST: c CIT C RK 2 03 - 099 - 4198 r AMENDMENT TO LANG ANNEXATION AGREEMENT . L asaft 1 a�yk, �y As-met,ftl, THIS AGREEMENT, effective this/, day of , 2003, by and between the CITY OF MCHENRY, a municrp�al corporation, in the State of Illinois ("City"),"American National Banf�anno?5uAdV n6u?fash1118%?de under Trust No. 120090-07, dated February 14, 1995, and not individually, 550 seal go,Chi ru adsca Point Drive Crystal Lake, Illinois (815/356-2803)�American National Banks nt ersSnS yPUYt Trustee under Trust No. 121340-03, dated February 14, 1996, and not individually, 550 Crystal Point Drive, Crystal Lake, Illinois (815/356-2803), Cardunal Savings Bank FSB Trust No. 98-337, dated October 21, 2002 and Gary Lang of 1107 South Route 31, McHenry, Illinois ("Lang"). INTRODUCTION Various parties to this Agreement were parties to the Second Amendment to Annexation Agreement dated August 30, 1994 ("Second Amendment") and the subsequent and Fourth Amendment dated January 30, 1996 ("Fourth Amendment") and this modification and Amendment is being made pursuant to 65 ILCS 5/11-15.1 and paragraph 27 of the July 19, 1989 Agreement ("Original Agreement") and the subsequent Second Amendment and Fourth Amendment. The legal description of the real estate subject to the Annexation Agreement annexing said property to the City of McHenry dated July 19, 1989 and recorded as Document No. 89RO26256 ("Original Annexation Agreement'g is as follows (collectively "Original Property Annexed"): Parcel A: That part of the Northeast Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian; described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South 89 degrees 57 minutes 20 seconds East, along the North line of said Northeast Quarter, 1656.55 feet to the place of beginning; thence South 89 degrees 57 minutes 20 seconds East, along said North line of said Northeast Quarter, 917.37 feet to the Westerly right-of-way line of Illinois State Route 31; thence Southwesterly along the arc of a curve to the right, said curve having a radius of 11419.00 feet, an arc of 875.09 feet and a chord bearing South 25 degrees 08 minutes 59 seconds West, 874.88 feet; thence South 27 degrees 20 minutes 25 seconds West, along said right-of-way line, 310.00 feet; thence North 62 degrees 39 minutes 35 seconds West, 848.66 feet; thence North 27 degrees 20 minutes 25 seconds East, 763.55 feet to the place of beginning and containing 18.9122 acres, more or less, in McHenry County, Illinois. Parcel B: That part of the Northeast Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing 1 03 - 099 - 4199 4. • 1 r , i r at the Northwest corner of said Northeast Quarter; thence South 89 degrees 57 minutes 20 seconds East, along the North line of said Northeast Quarter, 1656.55 feet; thence South 27 degrees 20 minutes 25 seconds West, 763.55 feet to the place of beginning; thence continuing South 27 degrees 20 minutes 25 seconds West, 1024.85 feet; thence South 89 degrees 48 minutes 02 seconds East, 953.67 feet to the Westerly right-of-way line of Illinois State Route 31; thence North 27 degrees 20 minutes 25 seconds East, along said right-of-way line, 589.81 feet; thence North 62 degrees 39 minutes 35 seconds West, 848.66 feet to the place of beginning and containing 15.7288 acres, more or less, in McHenry County, Illinois. Parcel C: That part of the Northeast Quarter and the Northwest Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of said Northwest Quarter; thence North 89 degrees 49 minutes 23 seconds West, along the North line of said Northwest Quarter, 468.92 feet; thence South 6 degrees 36 minutes 55 seconds East, 1210.36 feet; thence South 89 degrees 48 minutes 02 seconds East, 652.01 feet; thence South 0 degrees 11 minutes 58 seconds West, 385.00 feet; thence South 89 degrees 48 minutes 02 seconds East, 514.00 feet; thence North 27 degrees 20 minutes 25 seconds East, 1788.40 feet to the North line of said Northeast Quarter; thence North 89 degrees 57 minutes 20 seconds West, along the North line of said Northeast Quarter, 1656.55 feet to the point of beginning and containing 53.6030 acres, more or less, in McHenry County, Illinois. Parcel D: That part of the Northeast Quarter and the Northwest Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian and the Northeast Quarter of Section 9, Township 44 North, Range 8 East of the Third. Principal Meridian, described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South 0 degrees 27 minutes 38 seconds West, along the West line of said Northeast Quarter, 1587.01 feet to the place of beginning; thence North 89 degrees 48 minutes 02 seconds West, 2772.54 feet to the Easterly right-of-way line of the Chicago and Northwestern Railway; thence Southwesterly along said right-of-way being the arc of a curve to the left, said curve having a radius of 5679.59 feet, an arc of 210.26 feet and a chord bearing South 10 degrees 05 minutes 44 seconds West 210.25 feet; thence South 9 degrees 01 minutes 28 seconds West, along said right-of-way line, 852.97 feet to the South line of said Northeast Quarter of Section 9; thence South 90 degrees 00 minutes 00 seconds East, along said South line, 296.81 feet to the Southwest corner of the Northwest Quarter of said Section 10; thence South 89 degrees 46 minutes 03 seconds East, along the South line of said Northwest Quarter of Section 10, 2426.06 feet; thence North 00 degrees 13 minutes 56 seconds East, 75.00 feet; thence South 89 degrees 46 minutes 03 seconds East, 212.19 feet to the West line of the Northeast Quarter of said 2 03 - 099 - 4200 Section 10; thence South 89 degrees 49 minutes 20 seconds East, 1306.26 feet to the Westerly right-of-way line of Illinois State Route 31; thence North 27 degrees 20 minutes 25 seconds East along said right-of-way line, 1095.63 feet; thence North 89 degrees 48 minutes 02 seconds West, 1801.62 feet to the place of beginning and containing 103.2305 acres, more or less, in McHenry County, Illinois. Parcel E: That part of the Northeast Quarter and the Northwest Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian and the Northeast Quarter of Section 9, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the. Northeast corner of said Northwest Quarter; thence North 89 degrees 49 minutes 23 seconds West, along the North line of said Northwest Quarter, 468.92 feet to the point of beginning; thence continuing North 89 degrees 49 minutes 23 seconds West, along said North line 1750.00 feet to the Easterly right-of-way line of the Chicago and Northwestern Railway; thence Southwesterly along the arc of a curve to the left, said curve having a radius of 5679.59 feet, an arc of 1688.57 feet and a chord bearing South 19 degrees 40 minutes 24 seconds West, 1682.36 feet; thence South 89 degrees 48 minutes 02 seconds East, 3106.48 feet; thence North 00 degrees 11 minutes 58 seconds East, 385.00 feet; thence North 89 degrees 48 minutes 02 seconds West, 652.01 feet; thence North 6 degrees 36 minutes 55 seconds West, 1210.36 feet to the point of beginning and c containing 84.5742 acres, more or less, in McHenry County, Illinois. That not personally, but as Trustee under Trust No. 120090-07, dated February 14, 1995, and not individually, 14, e o not personally, but as Trustee under Trust No. .121340-03, dated February 14, 1996, and not individually, Cardunal Savings Bank FSB Trust No. 98-337, dated October 21, 2002, and Gary Lang have requested the execution of an Amendment to the Original Annexation Agreement to remove and excise the following described portion ("Lang Parcel") of the Original Property Annexed from the Original Annexation Agreement and rr� any amendments thereto: Q z Parcel 1: Lot 1 of McHenry Corporate Center Unit 4 according to the Plat thereof recorded January 30, 1996 as Document No. 96R005000 of Section 10 Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-002 Parcel 2: That part of tot 2 of McHenry Corporate Center Unit 4 according to the Plat thereof recorded January 30, 1996 as Document No. 96R005000 lying easterly of the easterly line of Lot 2 of McHenry Corporate Center Unit 7 according to the Plat thereof recorded May 26, 1999 as Document No. 3 03 - 0.99 - 4201 1999R0039000 in Section 10, Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN- 14-10-227-005 Parcel 3: Lot 3 of McHenry Corporate Center Unit 7 according to the Plat thereof recorded May 26, 1999 as Document No. 1999R0039000 in Section 10, Township 44 North; Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-007 Parcel 4: Lot 4 of McHenry Corporate Center Unit 7 according to the Plat thereof recorded May 26, 1999 as Document No. 1999R0039000 in Section 10, Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-008 NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed by and between the parties hereto as follows: 1.. Amendment to 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. Original Annexation Agreement. That the afore-described Lang Parcel shall hereby be removed and excised from the terms, conditions and restrictions contained in the Original Annexation Agreement and any amendments thereto except as specifically provided herein. 3. Zoning. That, contemporaneously with the execution of this Agreement, the City shall - adopt an ordinance reclassifying the Lang Parcel as C-5 Highway Commercial, in accordance with the terms and conditions of the City of McHenry Zoning Ordinance, except as otherwise provided herein. 4. Conditional Use Permit. That, contemporaneously with the execution of this Agreement, the City shall also adopt an ordinance granting a conditional use permit for the entire Lang Parcel, to allow an automobile dealership, together with ancillary uses including an open sales lot, automobile service and body repair, car wash and vehicle leasing, in accordance with the terms and conditions of this Agreement. 5. Preliminary and Final Plat Approval. The Preliminary Plat, revised date 9/26/02, and the Final Plat of the Gary Lang Subdivision, attached hereto as E shall be and hereby is approved by the City, and shall be recorded within six (6) months of approval by the City. 4 03 - 099 - 4202 r . ` 6. Engineering Improvements. The engineering plans entitled, Civil Engineering Plans for Gary Lang Auto Group for Lots 1 through 6 of the Gary Lang Subdivision, prepared by Smith Engineering Consultants, Inc. dated , 2002 are hereby approved and incorporated herein by reference ("Engineering Plans"). a) Lang shall extend municipal sewer and water from the existing lines for same located on the west side of Route 31 and/or in the manner depicted and described on Exhibit B attached hereto, to serve Lots 1 through 6 in the Gary Lang Subdivision. b) Lang acknowledges that the City will not issue a building permit for Lots 1, 3, 4, 5, or 6 unless and until all public improvements required to serve said lot or lots being developed have been completed in accordance-with the approved Engineering Plans referred to herein. The City agrees that said public improvements may be completed in no more than three phases, provided, however, that for each phase, Lang shall post a Letter of Credit or other surety approved by the City, in the amount of 125% of the cost estimate for those public improvements, as approved by the City engineer, for that portion of the improvements to be constructed. c) 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 to the City prior to the occupancy of the first new building constructed on Lots 4, 5, or 6. 7. Landscape Plan. The City hereby approves the Landscape Plan for the Illinois Route 31 frontage, prepared by Smith Engineering Consultants, dated 08/02/02, and attached hereto as Exhibit C. Lang also agrees to transplant the existing trees on the developed dealership property, using accepted forestry practices, along the west property line of the Lang Parcel. 8. Access Limitations. Only one new access point shall be allowed to serve the Lang Parcel. Said access shall be from Route 31, opposite Dayton Street over and upon the existing sixty (60) foot wide ingress and egress easement. 9. Special Provisions Applicable to Automobile Dealership Uses. The following provisions shall apply to any parcel already developed or to be developed for an Automobile Dealership on the Lang Parcel: a) Development Standards. Automobile Dealership uses shall be developed in accordance with the following development standards: 1) Setbacks. The following building and parking/vehicle display setbacks shall be maintained on the Lang Parcel. 5 03 - 099 - 4203 (a) Parking LotsNehicle Displays. The parking lot/vehicle display setback along State Route 31 for all Auto Dealership Uses shall be in accordance with the Landscape Plan hereinbefore described as Exhibit C. The side and rear setback for parking/vehicle display shall be no less than five (5) feet, except as follows: i) Between the common lot line of Lots 1 and 2, Lots 2 and 3, and Lots.3 and 4, no parking/vehicle display setback shall be required. ii) Between the common lot lines of Lots 4 and 5, a minimum setback of five (5) feet shall be maintained between the curb or road edge and the parking/vehicle display area. Parking/vehicle display setbacks as required above may be broken only by vehicular access lanes connecting abutting parcels. (b) Buildings. Buildings shall maintain a minimum front yard setback of thirty (30) feet, a minimum side yard setback of ten (10) feet, and a minimum rear yard setback of fifteen (15) feet, except that no side building setback shall be required along the south lot line of Lot 2. 2) Building Standards. (a) Building Exterior Wall Materials. For buildings of less than 20,000 square feet, the front exterior walls shall be defined as the closest wall to the most major of streets the property adjoins and shall be of masonry, stone, glass or architectural precast concrete panels. The side exterior walls may be of metal except that the lower third or lower seven (7) feet, whichever is less, of the wall shall be of masonry, stone, glass or architectural precast concrete panels. In no event shall concrete blocks be allowed on any exterior surface of a building. For buildings of more than 20,000 square feet, the same restrictions as above shall apply, except that the lower four (4) feet of the side exterior wall shall be of masonry, stone, or architectural precast concrete panels. (b) Height Limitations. No building erected shall exceed thirty-five (35) feet in height. If building exceeds thirty-five (35) feet in height, the front yard setback shall be increased by one (1) foot for every one (1) foot in excess of thirty-five (35). The maximum height shall not exceed fifty (50) feet. 6 03 - 099 - 4204 4: d 0 { (c) Floor Area Ratio. The floor area ratio shall not exceed 0.50. 3) Lighting. Lighting intensity and photo metrics of all future lighting shall be consistent with the existing lighting on the front portion of Lot 2. 4) Landscaping. Areas used for parking lot setbacks and around building perimeters shall be landscaped using varieties of living landscape materials that are healthy, hardy, and drought-resistant; be suitable for climate and environmental influences on the site, such as exposure to sun, wind, water, heat, automobile exhaust fumes, and road salt; and be compatible with the slope of the site, with existing vegetation to be preserved, and with utilities below ground level. Where appropriate, landscape materials used shall be protected from damage from pedestrian or vehicular traffic by tree grates, pavers or other measures. Grass or other ground cover shall be planted over all landscaped strips including berms, except in areas planted in flowers, shrubs, or trees, so as to present a finished appearance and reasonably complete coverage within three months after planting. 5) Signage. Permanent signage shall be allowed on Lots 1, 3, 4, 5 and 6 of the Lang Parcel in accordance with the following provisions: (a) Freestanding Signs. One freestanding sign shall be permitted per lot, in accordance with the provisions of the City of McHenry sign regulations. (b) Wall Signs. Wall signs shall be permitted on each building, consisting of the name of the vehicle make or makes offered for sale on the parcel, plus the corporate logo of the manufacturer, and the name of the dealership, of a size in the same proportion as on the existing dealership building. (c) Special Signage Provisions for Lots 1, 2 and 3. i) Pole banners (except for flags) shall be allowed on every other lightpole on Lots 1, 2 and 3 of the Lang Parcel, not to exceed 16 square feet total per light pole. ii) The Annual Promotional Activities set forth in Exhibit D, shall be allowed on Lots 1, 2 and 3 of the Lang Parcel. 10. Special Provisions Applicable to Non-Automobile Dealership Uses. In the event all or a portion of the Lang Parcel is developed for a non-automobile dealership use, the following provisions shall apply: a) Permitted Uses. Only those uses listed on Exhibit E, attached hereto, shall be allowed as permitted uses on the Lang Parcel. b) Conditional Uses. Only those uses listed on Exhibit F, attached hereto, shall be allowed as conditional uses. 7 03 - 099 - 4205 c) Development Standards. All non Auto Dealership Uses shall comply with the Development Guidelines for setbacks, landscaping, construction, etc. set forth on Exhibit G. 11. Binding Effect and Term. This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns, and 1essees, and upon successor municipal authorities of the CITY and successor municipalities for a period of twenty (20) years from the date of execution hereof, and any extended time agreed to by amendment to this Agreement. 12. Amendment. This agreement may only be amended by written instrument executed by all parties hereto. Provided, however, in the event title to the LANG PARCEL, in whole or in part, is transferred to successors in interest, future amendments relating to the LANG PARCEL may be made by and between the CITY and the title holders to the parcel specifically requesting the amendment without consent required by other record owners of the LANG PARCEL. 13. Notice and Default. Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party alleging the breach shall provide notice to the party alleged to be in default specifying the nature of said default, and thirty (30) days elapses from the receipt of said default notice without the default being cured. Notice shall be in writing and delivered via certified mail, addressed as follows: CITY Douglas K. Maxeiner, City Administrator, 333 S. Green Street McHenry, IL 60050 Gary Lang Gary Lang Auto Group 1103 S. Route 31 McHenry, IL 60050 14. Stop Orders. The CITY will issue no stop orders directing work stoppage on buildings or parts of the development without setting forth the section of CITY ordinances or of this Agreement allegedly violated by OWNER, and OWNER may forthwith proceed to correct such violations as may exist; provided, however, that the CITY shall give notice in advance to the OWNER of its intention to issue stop orders at least 24 hours in advance of the actual 8 03 - 099 - 4206 issuance of such stop orders, except in the event a health, life or safety emergency is deemed to exist by the CITY. 15. Ordinance Changes. Except as otherwise specified herein, all CITY ordinances, as well as state and federal regulations, shall apply to the LANG PARCEL, OWNER, and all successors and assigns in title. If, during the term of this Agreement, the provisions of the existing ordinances and regulations which relate to the development, redevelopment, subdivision, construction of improvements, buildings, appurtenances, and all other development of any kind and character of the LANG PARCEL, are amended or modified in any manner so as to impose more strident requirements in the development, redevelopment, subdivision, or construction referred therein, such increased requirements shall, unless otherwise excepted herein, be effective as applied to the LANG PARCEL so long as such amendments or modifications are nondiscriminatory in their application and effect throughout the CITY (excepting those developments in the CITY having annexation agreements - past, present, or future - providing otherwise). If, during the term of this Agreement, except as otherwise specifically agreed upon in this Agreement, any existing, amended, modified, or new ordinances, codes or regulations affecting the zoning, subdivision, development, redevelopment, construction of improvements, buildings or appurtenances, or any other development of any kind or character upon the Lang Parcel, are amended or modified in a manner which imposes less restrictive requirements on development of, or construction upon, properties in similarly zoned or developed parcels within the CITY, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNER, and the OWNER may elect to proceed with respect to the development of, or construction upon, the LANG PARCEL with the less restrictive amendment or modification applicable ; generally to all properties within the CITY. 16. Obligations. a. By signing this Agreement BENEFICIARY binds itself to comply with all of the obligations of the OWNER referenced herein. b. All obligations of the OWNER in the Agreement, including monetary obligations in existence now, as well as those which may come to exist in the future as a result of this Agreement, shall constitute covenants running with the land; and such monetary obligations shall also be liens upon the land. OWNER hereby consents to the filing of a lien on the LANG PARCEL for which the obligations are owned when any =obligational are more than ninety (90) days overdue. 9 03 - 099 - 42.07 17. Time of Essence. It is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that of.the parties will make every reasonable effort, including the calling of special meeting, to expedite the matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 18. Enforceability. It is agreed that the parties to this Agreement may enforce and compel performance, whether by'.law or in equity, by 'suit, mandamus, injunction, declaratory judgment, or other court procedure, only in courts of the State of Illinois; no such action may be brought in any Federal court. In the event that either party to the Agreement files suit to compel performance by the other, the prevailing party shall be entitled to recover, as part of the costs otherwise allowed, its reasonable attorney's fees incurred therein. 19. Waiver. The failure of the CITY to insist, in any one or more instances, upon performance of any terms or conditions of this Agreement, shall not be construed as a waiver of future strict performance of any such term, covenant or condition and the obligations of the OWNER shall continue in full force and effect. 20. Severability. If any provision of this Agreement, other than the provisions relating to the requested zoning changes and Final Plat described herein and the ordinances adopted in connection therewith, is held invalid by any court of competent jurisdiction, such provision shall be deemed to be excised hear from and the invalidity thereof shall not affect any of the other provisions contained herein. 10 03 - 099 - 4208 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 Pamela J. It off, M yo Attest: Ja c C. Jones ity Clerk 11 03 - 0 9w420 _ d STATE OF ILLINOIS ) COUNTY OF McHENRY ) x LaSalle Bank Naftonal Assmia#inn as Successmr'lf"-tce taAmcr learn Nast nno.l Bank and IYust Company of Chicago ahr GARY LANG, as a beneficiary of* TRUSTS 120090-07 and 121340-03, and CARDUNAL SAVINGS BANK FSB TRUST No. 98-337, being first duly sworn upon his oath deposes and says that he has read the foregoing Amendment to Annexation Agreement by him subscribed; that he has personal knowledge of the contents thereof and that the contents thereof are true in substance and in fact. Gary Lang Subscri ed and Sworn to before me this day of , 2003. OFFICIAL SEAL JANICE C JONES NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 2.17.2007 Notary Public C 12 03 - 099 - 4210 STATE OF ILLINOIS ) COUNTY OF McHENRY ) A-LaSalle Barak National Association as Successoa Tristee toAMerievn National Barak and'Frust Company of Chicago a� Signed bylA 4 ^A\, ^!A TieN A I BANK, as Trustee under Trusts No. 120090- 07 and 121340-03, and not personally, but solely as Trustee under certain Trust Agreements. Said Trust Agreements.are hereby made a part thereof and any claims against said Trustee which may result from the signing of this Annexation Agreement shall be payable only out of any trust properties which may be held thereunder, and said Trustee shall not be personally liable for the performance of any of the terms and conditions of this Annexation Agreement or for the validity or condition of the title of said property or for any agreements with respect thereto. Any and all personal liability of the is hereby expressly waived by the parties hereto and their Tp�ct ve S cessors and assigns. LaSalle 9 znU National As,.riat oo as e, a e aaa a�ioaaal Association as S $uceeS.50�rTrV.q''We toAmerran N avonal aacc sorb st to�,ataFr`lr.z Na tioraal f. Jr Barak and►'l�st�Conipm a�of Chicago a.pri istee under e��= .IJ.nr.Q._. —k-1- as Trustee under Trust No. 121340-03 a.--f,c=p en'Onc-iiy Trust No. 120090-07 By: By: � f A Attest: 9V00 ZZ4 Attest: " Ke tea. 53 4�' ttiY 1'✓,9 i� w' Q�O�p��SQ01� 13 03 - 099 - 4211 STATE OF ILLINOIS ) *LaSalle Bank Naiional Association as Sll"tlsorTrusteetoAram'llcan Nglona! COUNTY OF McHENRY ) Bank and Est Company of Chicago,,J. I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that the foregoing Ann?-.',� the end- of th Bic, as Trustee aforesaid, personally known to me to be the same persory 'whose namee aA subscribed to the foregoing instrument as said Vito Fratrtt af4 , --es$eetiyely,; appeared before me this day in person..sind ievefal+y- acknowledged that Chef signed and delivered said instrument as t Ir own free and voluntary act of said Trustee for the uses and purposes therein set forth, and that said Trust Officer then and there acknowledged thaMe, as custodian of the Corporate Seal of said Trustee, caused the Corporate Seal to be affixed to said instrument as said Trust Officer's own free and voluntary act and as the free and voluntary act of the National Banking Association for the uses and purposes therein set forth. Notary Public L"OPTICIAL ARET O'DONNELLBLIC STATE OF ILLINOIS ssiI r,;.p�res05110120�05 14 03 - 099 - 4212 STATE OF ILLINOIS ) COUNTY OF McHENRY ) Signed by CARDUNAL SAVINGS BANK FSB, as Trustee under Trust No. 98-337, and not personally, but solely as Trustee under certain Trust Agreements. Said Trust Agreements are hereby made a part thereof and any claims against said Trustee which may result from the signing of this Annexation Agreement shall be payable only out of any trust properties which may be held thereunder, and said Trustee shall not be personally liable for the performance of any of the terms and conditions of this Annexation Agreement or for the validity or condition of the title of said property or for any agreements with respect thereto. Any and all personal liability of the CARDUNAL SAVINGS BANK FSB, is hereby expressly waived by the parties hereto and their respective successors and assigns. CARDUNAL SAVINGS BANK, as Trustee under Trust No. 98-337 By: _ Trust Officer Attest 15 03 - 099 - 4213 STATE OF ILLINOIS ) COUNTY OF McHENRY ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that the foregoing Lawrence. E. Rafferty and respectively the Wayne Ranter and Of the CARDUNAL SAVINGS BANK FSB, as Trustee aforesaid, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as said Senior Trust offiepr and Vice President , respectively, appeared before me this day in person and severally acknowledged that they signed and delivered said instrument as their own free and voluntary act of said Trustee for the uses and purposes therein set forth, and that said Trust Officer then and there acknowledged that he, as custodian of the Corporate Seal of said Trustee, caused the Corporate Seal to be affixed to said instrument as said Trust Officer's own free and voluntary act and as the free and voluntary act of the National Banking Association for the uses and purposes therein set forth. r Ndt ary Public �5'�fa'S►�r'�s✓1t�,:!e�ii?:'r'•^i'sS.,�;.a`i"f.,�w LNOtaEVELWhl �, ',%:N'ER Pub:!. °' _;:e of ij;;'Iois ry y Co�mmiss•, _ es 0815.'05 �I`Y,i►r r.. y!#�'r 16 03 - 099 - 4214 EXHIBIT "D" Annual Promotional Activities The total length of time for all promotions on the site shall not exceed 24 weeks per year, and shall include: ➢ Tents, no larger than 40' x 100', in the parking lot, no more than 16 weeks per year, provided the tent location does not adversely impact vehicular circulation. ➢ Hot air balloons (no figurines), 25-foot maximum, no more than 14 weeks per year, provided the balloon location does not adversely impact vehicular circulation. ➢ Temporary banners, four (4) in number, with a 48 square foot maximum per banner, not to exceed 10 weeks per year. ➢ Sand, to be placed on the site in a location that does not adversely impact vehicular circulation, not to exceed 4 weeks per year. 20 03 - 099 - 4215 EXHIBIT "E'.% l Permitted Uses The following uses shall be considered permitted uses and are subject to all applicable City Codes and Ordinances: 1) Animal hospitals 2) Antique shops 3) Art shops or galleries, but not including auction rooms 4) Automated teller machines 5) Automobile laundries 6) Automobile part and accessory stores 7) Beauty shops, barber shops, and hair styling salons 8) Bicycle sales, rental, and repair shops 9) Blueprinting and Photostatting establishments 10) Bookstores or book and stationery stores 11) Business machine sales, rental and services 12) Camera and photographic supply stores 13) Camping equipment sales 14) Candy, ice cream, popcorn, nut and yogurt stores 15) Card and gift stores 16) Carpet and rug stores (retail sales) 17) Catering establishments 18) China and glassware stores 19) Clothing and shoe stores 20) Clothing repair, hat repair, and shoe repair stores and tailor shops 21) Coin and philatelic stores 22) Computer sales and rental 23) Custom dressmaking establishments 24) Department stores,junior department stores, and discount department stores 25) Domestic appliance repair shops 26) Domestic appliance stores, including radio, television, stereo, video, lighting, clock, and music stores 27) Drug stores 28) Dry cleaners (processing to be done off-site) 29) Electrical showrooms and shops 30) Employment agencies 31) Equipment rental 32) Exterminating services 33) Financial institutions, including banks, savings and loan associations, and commercial loan offices 34) Florist shops 21 03 - 099 - 42 ! 6 P 35) Food and grocery stores under 5,000 square feet, convenience marts, meat markets, fish markets, dairy stores, health food stores, and bakeries with no food preparation on Lang Parcel 36) Furniture stores, including upholstery when conducted as part of the retail operations and secondary thereto 37) Furrier shop, including the incidental storage and conditioning of furs 38) Hardware stores 39) Health clubs as defined herein 40) Hobby and craft shops 41) Hotels and motels 42) Insurance offices 43)' Interior decorating shops, including upholstery and the making of draperies, slip covers, and other similar articles when conducted as part of the retail operations and secondary thereto 44) Jewelry and watch sales and repair stores 45) Laboratories, medical, dental, research and testing 46) Leather goods and luggage stores 47) Locksmith shops 48) Medical, dental, and optometry offices 49) Meeting and banquet halls 50) Millinery shops 51) Motor vehicle sales (no open sales lot) or rental, including cars, trucks, boats, trailers, recreational vehicles, mobile homes, motorcycles, motor scooters, and mopeds 52) Musical instrument sales and repair 53) Newspaper, magazine and tobacco shops 54) Office, stationery, school, art, and graphics supply stores 55) Offices, business and professional 56) Offices, governmental, political and institutional 57) Optician sales, retail 58) Orthopedic and medical appliance stores (retail sales only) 59) Paint, tile, and wallpaper stores 60) Parks, playgrounds, golf courses, forest preserves, wildlife sanctuaries, and other publicly owned open spaces 61) Permitted public uses, as defined herein 62) Pet shops 63) Phonograph record, tape and sheet music stores 64) Photo processing stores (except kiosks) 65) Photography studios, including the development of film when conducted as part of the retail business 66) Picture framing shops 67) Plazas and public spaces 68) Plumbing and heating sales 69) Post offices 22 03 - 099 - 4217 ICY 70) Print shops with six or fewer employees 71) Radio and television stations and studios 72) Real estate offices 73) Recording studios 74) Restaurants, eat-in or carry-out; delicatessens, retail bakeries, donut shops, and convenience marts with limited food preparation on Lang Parcel; but not including live entertainment, dancing, serving or alcoholic beverages, or drive- in restaurants as defined herein 75) Schools, commercial, for music, dance, business or trade 76) Sewing machine sales and service 77) Sporting goods stores 78)' Streets and alleys 79) Supermarkets 80) Swimming pool sales (no open sales lot) 81) Tanning salons 82) Tax preparation offices 83) Temporary buildings or trailers for construction purposes for a period not to exceed the duration of construction 84) Theaters, indoor 85) Ticket offices, theater and amusement 86) Ticket offices, transportation 87) Tourist information and hospitality centers 88) Toy stores 89) Travel agencies 90) Union halls 91) Variety stores 92) Veterinary offices 93) Video cassette sales or rental 94) Water softener service 23 03 - 099 - 4218 EXHIBIT"F' Conditional Uses The following uses shall be considered Conditional Uses and are subject to all applicable City Codes and Ordinances: 1) Automobile service stations 2) Child day care centers, as defined herein 3) Conditional public uses, as defined herein 4) Conventional halls 5) Drive-in establishments, as defined herein a. Dry cleaning plant and laundry with processing to be performed on site 6) Educational institutions as defined herein 7) Exhibit halls 8) Hospitals, clinics, nursing homes, group homes, and mental health centers 9) Motor vehicle body shops 10) Motor vehicle, trailer and mobile home repair shops 11) Open sales lots as defined herein as a Principal or Accessory Use 12) Outdoor amusement establishments, including archery ranges, miniature golf, and similar facilities 13) Outdoor storage associated with a Permitted or Conditional Use 14) Philanthropic and charitable institutions, as defined herein 15) Planned Unit Developments 16) Recreational institutions, as defined herein 17) Religious institutions as defined herein 18) Restaurants serving alcoholic beverages but without live entertainment or dancing 19) Restaurants with live entertainment or dancing 24 03 - 099 - 4219 EXHIBIT "G"-- Development Guidelines for Non-Automobile Dealership Uses The following Development Standards shall be applicable to all non-auto dealership uses: 1: Setbacks. a) Front Yard Setback - Fifty. (50) foot for building, twenty-five (25) foot for parking (10 foot green space between front parking curb and right-of-way) b)' Side Yard Setback - Fifteen (15) foot building, ten (10) foot parking (10 foot green space from parking lot to property line) c) Rear Yard Setback - Twenty (20) foot building, ten (10) foot parking (10 foot green space from parking lot to property line) In the event that parking is placed in the front yard, then the building shall be setback a minimum from the back curb of the parking area to allow for a ten (10) foot buffer between the parking area and the building. The front parking area shall be partially screened from view from the street by berming or landscaping. 2. Parking Requirements. No parking shall be permitted on any street or at any other place other than on paved parking spaces to be constructed on each lot. Parking requirements shall be as per City Zoning Ordinance, 3. Landscaping. In an attempt to unify the building sites and their architecture in the Park, landscaping as a design element will play the key role in creating and conveying the park-like working environment. a) Types of Landscaping Materials Permitted. Varieties of living landscape materials used shall be healthy, hardy, and drought-resistant; be suitable for climate and environmental influences on the site, such as exposure to sun, wind, water, heat, automobile exhaust fumes, and road salt; and be compatible with the slope of the site, with existing vegetation to be preserved, and with utilities below ground level. Where appropriate, landscape materials used shall be protected from damage from pedestrian or vehicular traffic by tree grates, pavers or other measures. b) Ground Cover in Landscape Strips. Grass or other ground cover shall be planted over all landscaped strips including berms, except in areas planted in flowers, shrubs, or trees, so as to present a finished appearance and reasonably complete coverage within three months after planting. Non-living landscaping materials such as sand, stone, rocks, or 24 03 - 099 -- 4220 barks may be substituted for living cover over a maximum of thirty (30%) percent of the landscaped area. c) Installation Procedures. All living landscaping materials shall be installed in conformance with the most current procedures established by the American Association of Nurserymen. d) Maintenance of Landscaping. The owner, occupant, tenant, and the respective agent of each, if any, shall be jointly and severally responsible for the maintenance, repair, and replacement of all landscaping and screening so as to preserve at least the same quantity and quality as initially approved. e) Curbing. All parking island strips and parking screening strips shall be separated on all sides from the parking surface by curbing. f) Percent of Parking Area in Landscaping. A minimum of ten (10%) percent of all parking areas shall consist of landscaping. Any landscaped strip required hereunder may be credited toward this requirement. g) Off-Street Loading. A screen for off-street loading shall be a minimum of eight (8)feet high. h) Sizes of Minimum Plant Materials. (1) Shade Tree: A deciduous tree with a minimum caliper of two (2) inches. (2) Conifer: A coniferous tree with a minimum six (6) foot height. (3) Ornamental: A deciduous tree or large shrub with a minimum caliper of two (2),inches or minimum height of six (6) feet. (4) Caliper Average: Three (3) inches for all deciduous tree plantings. i) Street Plantings. The standards are expressed in terms of shade trees required per lineal foot of roadway, easement, or buffer strip, and include the full width of each. For determining numbers of conifers and ornamentals applicable to the standard, a conifer at least ten (10) feet in height shall equal a shade tree, and two (2) ornamentals as specified above shall equal a shade tree. (1) Route 31 Frontage: (a)Screening by berm not less than two (2) feet in height nor greater than eight (8) feet in height, averaging four (4) feet in height; and (b)Provide one (1) per forty (40) lineal feet of frontage. 25 03 - 099 - 4221 rxhi i`r j) Preservation of Trees. All reasonable efforts shall be made to preserve the existing trees on each building site. k) Building Site Plantings. Each building shall include a minimum of one (1) shade tree in frontage areas for each fifty (50) lineal feet of building frontage. It is recommended that trees be grouped in clusters. All exterior on-site utility services, including but not limited to drainage systems, sewers, gas lines, water lines, and electrical, telephone, and communication wires shall be installed and maintained underground. 4. Maintenance of Improved Sites and Condition of Improved Lots. Sites that are not improved or built upon shall be maintained in a clean and neat appearance by the property owner. Weeds shall be maintained to a height of no more than eight (8) inches. The owner or occupant of any lot shall at all times keep it and the buildings, improvements, and appurtenances thereon in a safe and clean condition and comply with all applicable governmental, health, fire, and safety ordinances and regulations. (Trash to be removed expeditiously.) 5. Storage Area. Storage, service, maintenance, or equipment shall be stored upon a site except inside a closed building or behind a durable material wall not less than six (6) feet in height, screening such material, supplies or equipment from adjacent sites so as not to be visible from neighboring properties and streets. No stored items may protrude above the screen. The outdoor storage of uncontained bulk material is prohibited. Any outdoor storage areas shall be located in the side or rear yard adjacent to the main structure and not exceed 1,000 square feet in area. Of course, any attempted variation to these standards would require a City Special Use. Permit. All trash receptacles and storage areas, service yards, electrical cage enclosures, incinerators and similar equipment for the disposal of materials and storage tanks, shall be screened from view from access streets and front yards of adjacent properties by means of a fence, berm, wall or dense opaque landscaping materials. Deposited refuse shall not be visible from outside the refuse enclosure. All trash receptacles shall be confined to the rear yard of all lots. Storage areas shall be kept in a neat and orderly manner. The contents of all storage and trash areas must be directly related to the primary use of the business. Refuse collection enclosures shall be designed of durable materials with finishes and colors which are unified and .harmonious with the overall architectural theme. 26 03 - 099 - 4222 6. Loading. Sufficient space for loading and unloading shall be provided on each lot to accommodate trucks not less than seventy (70) feet in length. Improvements shall be designed and located on each building site so that vehicles may not be loaded or unloaded on or from any street. All docks which face the street or opening only a yard which is adjacent to a residential district must be interior and enclosed except for buildings of less than 30,000 square feet. For buildings . under 30,000 square feet, exterior docks may face street side, but shall be set back a minimum of seventy (70) feet from the front of the building. Such exterior docks shall be designed as to not hamper pedestrian movement in and out of the building. Street side exterior docks shall be strongly discouraged. 7. Architecture. a) Building Exterior Wall Materials. For buildings of less than 20,000 square feet, the front exterior walls shall be defined as the closest wall to the most major of streets the property adjoins and shall be of masonry, stone, glass or architectural precast concrete panels. The side exterior walls may be of metal except that the lower third or lower seven (7) feet, whichever is less, of the wall shall be of masonry, stone, glass or architectural precast concrete panels. In no event shall concrete blocks be allowed on any exterior surface of a building. For buildings of more than 20,000 square feet, the same restrictions as above shall apply, except that the lower four (4) feet of the side exterior wall shall be of masonry, stone, or architectural precast concrete panels. b) Height Limitations. No building erected shall exceed thirty-five (35) feet in height.' If building exceeds thirty-five (35) .feet in height, the front yard setback shall be increased by one (1) foot for every one (1) foot in excess of thirty-five (35). The maximum height to be fifty (50) feet. c) Floor Area Ratio. The floor area ratio shall not exceed 0.50. 8. . Lighting Guidelines. All lighting shall meet the following objectives: a) To contribute to the safe and efficient use of a development site; b) To contribute to the site security; c) To complement and reinforce the architecture and site design character d) To keep on-site. parking lot lighting fixtures and illumination levels consistent throughout the Lang Parcel; e) To prevent casting glare onto adjacent lots and streets; f) To encourage conformity with energy-saving guidelines; 27 03 - 099 - 4223 g) Architecturally, to articulate and animate the particular building design, as well as provide the required functional lighting for safety and clarity of pedestrian movement; and h) Lighting intensity and photo metrics shall be consistent with the existing lighting on Lot 2, which may be expanded to the rear of Lot 2. 28 03 - 099 - 4224 EXHIBIT PHYLLIS K.WALTERS McHENRY COUNTY RECORDER WOODSTOCK, ILLINOIS EXHIBIT TO DOC. NO: v� 0630Q d/�/9 7IJ NO:OF PAGES NOTES: SEE MAP IN PLAT FILE exhibit tvos/isss 03 - 099 - 4225 EXHIBIT PHYLLIS K. WALTERS McHENRY COUNTY RECORDER WOODSTOCK, ILLINOIS EXHIBIT TO DOC. NO: ��63,e0/Y97/D NO: OF PAGES oZ NOTES: SEE MAP IN PLAT- FILE. exhibit 11/03n999 03 - 099 - 4226 EXHIBIT PHYLLIS K. WALTERS McHENRY COUNTY RECORDER WOODSTOCK, ILLINOIS EXHIBIT r000c. NO: �oo3k0/y9710 NO:OF PAGES 'Z NOTES: SEE MAP IN PLAT FILE. exhibit 11/03i1999 03 - 099 - 4227 AN ORDINANCE AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE AMENDMENT TO LANG ANNEXATION AGREEMENT DATED MARCH 171 2003 BETWEEN THE CITY OF MCHENRY, A MUNICIPAL CORPORATION,IN THE STATE OF ILLINOIS ("CITY"), 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 OCOTOBER 21, 2002 AND GARY LANG OF 1107 SOUTH ILLINOIS ROUTE 31, MCHENRY,ILLINOIS ("LANG")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 52011 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 Amendment to Lang Annexation Agreement THIS FIRST AMENDMENT TO AMENDMENT TO LANG ANNEXATION AGREEMENT ("First Amendment') is entered into this 41h day of April, 2011, between the City of McHenry, an Illinois municipal corporation ("City'), 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 ("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: "No sidewalk contribution shall be required of Lang until sidewalks are either installed or Lang has fully developed Lot 6." 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) a Exhibit B (Wall Sign Exhibit and Accompanying Elevations on file with the City Clerk) r 1107 S. Route 31 McHenry,Illinois 60050-8200 815/385-2100 www.garylangauto.com March 17, 2011 Chris Black City of McHenry 333 S. Green St. McHenry, IL 60050 Dear Chris, Pursuant to previous conversations on the sidewalk issue. I would respectfully request a fifth amendment to the annexation agreement be considered to the original agreement dated February 14, 1996 on the approximately 20 acres I own along Route 31 on the southern side of the city. I am requesting that paragraph 6. (c) be changed from: (Public sidewalks shall not be required of the Lang parcel, but instead, Lang shall pay to the city of the sum of $21,000 for the city to use at its sole discretion from construction of sidewalks at other locations in the city. The after mentioned $21,000 shall be paid prior to occupancy of the first new building constructed on lots 4, 5, or 6). To no sidewalk contribution be required of Lang until sidewalks are either installed or Lang has fully developed lot 6. It is my understanding that the probability of sidewalks coming to this area is slim and if sidewalks were ever brought out that far south, we wouldn't make full use of them until lot 6 was developed. If sidewalks are constructed prior to the development of lot 6 we would expect to pay our fair share but as I have argued prior to the last two construction projects, it doesn't make sense and is unreasonable to be required to pay for sidewalks that may never be built. Hopefully by the time lot 6 is developed, the City will have a better idea as to whether sidewalks are ever going to be built in this area. Sincerely, Gry4:9ng 1— " President "- CHEVROLET BU ICK. G M r Website: www.epattison.corn The first step to obtaining Mahindra signs for your Dealership is to order a Sign Survey from Pattison Sign Group. if you have not yet ordered your Sign Survey. >�i� You Can Order Your Survey Online: 1) Log onto wvvw.epattison.com 2) Enter User ID: mahindra (all !ov✓ercase) and Password. deafer 3) Click the button in the upper center that says "Survey Request" 4) Fill out entire form including payment method 5) Click on "Submit" at the bottom of the forma Y.. 6)You will be contacted by a Pattison representative to schedule the survey within the next few days OR, You Can Order Your Survey Via Fax: Pill out the attached Survey Request form, and fax hack to 770 454-7383 If you have already ordered your Sign Survey: You will be receiving detailed information in the mail in the next few days from Pattison with instructions on how to use the website to view your surveys, renderings, quotes and keep up with the status of your sign project MITSUBISI MONUMENT SIGN.plt 9/1/20091:36:39 PM Scale: 1:27.91 Height 184.402 Length: 209.317 in i 9' 0" Ar MITSUBISHI MOTORS GRADE DOUBLE FACED INTERNALLY ILLUMINATED 4' " MONUMENT SIGN ROUTED FACES-OPAQUE BACKGROUND SIGN TO BE INSTALLED BETWEEN TWO 3" X 10" STEEL CHANNELS DIRECT ENBEDDMENT INTO CONCRETE FILLED HOLES .ELECTRIC SERVICE TO SIGN BY OTHERS PRICE $1850 KIAFAMILY OF SIGNS PYLON SIGNAGE 647A' ,r-s• Dealer Name Letters t , available in white,12"copy 7315H6' •^ ' • b KIA ' i SERVICE tra 1M'lA' DELIVERY i i•d• K1A WALL LOGOS r! • B'-to 311• V-3 15116' 1 i ' i KW�-3 KWL-4 KPS-1 KPS-3 KPS-4 KHR-200 63.85 sq.ft 41.46 sq.ft. 91.83 sq.ft. 62.39 sq.ft. 41.95 sq.ft 213 sq.ft. Ar"i"b40wN11.1YAR IbN�64owra111YyMc AviWOw,i11�,yM1e H.V d.R W¢d ... 6•-75_ - 1-115/18• 3'-.• - N—SV pe-.G NnvSigl,aye-3s• jr Is- iv Ikvowstpn.q.-trans lrudwry -32'a vr• 3•-lls• K'�'1 z,t 7n6•`'K�A `)z-o• �(�n ) tl.vc6ls,ox.i,e-38' KWL-4.5 KWL-5 KWL-6 MONUMENT SIGNAGE 26.22 sq.ft. 14.59 sq.ft. 6.66 sq.ft. 10'-1 SA• i --6•-27A•----. 6•.61A' _ _.. 6'-1 VY - ,,, DIRECTIONAL SIGNAGE B 17A' !- 5'-2,A' —' - KiA f T T 1 r QD ^_.._. j 1 T 4 1.'-0 5'-35A' - SJ Y.' I KMS-3 KMS 4 t ETO Monument KDR-12 KDR-8 KDR-2 62.39 sq.ft 44 s%ft. 46 sq.ft. 12 sq.ft. 8 54 ft. 2.6 sq,ft. > (-( 1 i\�i I I11 t,�: ,N,s AN ORIGINAL urw3e1.sr1EO DRAWING CUSTO1ERAPPROVAL DA,E By _- f R I ,1ON°R PROEM PLANNUSE IN EDFORRN.i, t 2$O7 SA. COLOR NOTE DRAWING NO: 1��`•:..A YOU BY aTSIDE SIGNS.IT ISSNI ANOT NION BE 8-21-oe S.H. ® PM51807c 39658 s11DYaN oursloE YOUR oRGANtU„oN NOR Rasa •, US®,R�RUOUCED,COP®.OR EXF�RREU N DATE: MiE1,oLc 8-31-06 ANY FAS,.ON UNLESS AUmlZon-N YA9RN, 13YAN OFFICER OFCUWNGS SGNS. Aft p .,•.". 9.Nak" 20�-0• Auto Center garwaegante-com SM36MARS Auto Center Fr 9 --I-- �`� tarylaw�artaeom ais�.9saCAles f _ r . . ._ �� AUTO 1:40 CENTER REPLACE EXISTING ROUTED ALUMINUM FACES REPLACE EXISTING BULB EMC WITH RED LED EMC �® PROPOSED r'+� EXISTM GARY 11107S TE.1 MCHE G AUTO CENTER ■ L �+ Ir.ry.ar.ar..r.r.ro..eMw�.rcr.r iOAT�'7 SHORE a7IGN r..r...yr.rw..rrr�,..�..r.rr/ - rr.rrr.er.rrr..rn.rsr.rrrrr.r _ wrr..s+�rwr..e.wrwr..a.w++•r. K�NOTED ECp ?5 hkmV M Cdn Liba"ft Nmols 60048 84748167020 'PYrlilr 31gnlg• S/ee• f990- ........rrw.+rrMrr.r.�...r.+.�4i. �ytp@gb YMa�p rp gywp. M W 1aaMws..YV e.r•1t.c ECD R1 EXTERIOR BRAND IDENTITY • Signs -A key element to the exterior of your facility is proper signage. Subaru's corporate identity program has recently changed to reflect Fuji Heavy Industry's global identity r Signage • Required Signage - Subaru requires a pylon sign, a star cluster on the icon tower, and "Subaru" channel letters to the right of the icon tower. All other signs are optional and must be approved by 00 SOA • All signs are leased through Subaru's sign program • Pylon Sign - Incorporates Subaru's new r global identity blue, white, and chrome • Channel Letters - Subaru letters will now appear blue in the day and white at night • Star Cluster - New Subaru star cluster will appear chrome during the day and s white at night 3 e i a 9 n SUBARU. CONSENT AGENDA The Consent Agenda for the April 4, 2011, City Council meeting consists of the following items: A. Resolution in support of approval for Centegra Hospital-Huntley; B. Temporary use permit, Gary Lang Auto Group, 1107 S Route 31; C. Temporary use permit, Home Depot, 2461 N Richmond Road; D. March 21, 2011, City Council meeting minutes; and E. List of Bills. CONSENT AGENDA TO: Mayor and City Council FROM: Chris Black, City Administrator FOR: April 4, 2011 , Regular City Council Meeting RE: Resolution in Support of Approval for Centegra Hospital-Huntley ATT: Resolution Centegra Health System has filed an application with the Health Facilities and Services Review Board to obtain a Certificate of Need for construction of a new hospital in Huntley, Illinois. Centegra has requested the city's execution of the attached resolution supporting the project. Recommendation: To approve the attached resolution RESOLUTION NO.R-11- RESOLUTION IN SUPPORT OF APPROVAL CENTEGRA HOSPITAL-HUNTLEY WHEREAS, Centegra Health System has filed an application with the Health Facilities and Services Review Board (HFSRB)for approval of a Certificate of Need for the Construction of a Hospital in Huntley,Illinois(Project Number 10-090); and WHEREAS,the Southern portion of McHenry County is the fastest growing region in McHenry County; and WHEREAS,the State of Illinois has identified the planning area in which McHenry County is located(planning area A-10) as one of only three planning areas in the entire State of Illinois that has a shortage of acute care hospital beds to serve the community, and WHEREAS, the construction of a hospital in Huntley, Illinois will allow Centegra Health System to address the identified bed need in the area of the McHenry County that needs it the most,based upon the rapid population growth in the area;and WHEREAS, in addition to meeting the state's bed need for Health Planning Area A-10,Centegra's proposed hospital would serve Health Planning Area A-11, less than two miles to the south; and, according to State figures, this planning area(Northern Kane County) is the second of three areas in the State where additional hospital beds are needed; and, therefore, two of the three planning areas in Illinois with identified hospital bed shortages would be served by Centegra Hospital—Huntley;and WHEREAS, the construction of a hospital in Huntley will result in the creation of approximately 1,100 new jobs in healthcare and as many as 800 jobs associated with the construction of the facility and will therefore greatly benefit the economy of McHenry County both directly through the creation of jobs, but also indirectly, through Centegra's reliance upon local providers of goods and services that are ancillary to health care;and WHEREAS, Centegra has an existing health care campus in Huntley that has served the region through an immediate care center and other health care services and the construction of a hospital on this existing campus will result in an efficient use of limited health care resources of the community; and WHEREAS, Centegra Health System has faithfully provided health care services to the residents of the City of McHenry since 1956, and during that time, Centegra has collaborated with the City to promote the health and wellness of the members of the community while also collaborating with other Cities, Villages and Towns; Centegra has also supported other not-for-profit entities, service organizations, schools and other community groups, and on the basis of this faithful service, Centegra Health System has established itself as the best suited agency to provide the full-service hospital that is needed in Southern McHenry County. NOW, THEREFORE, BE IT RESOLVED that the City of McHenry commends and supports Centegra Health System's proposal to construct a hospital in Huntley, Illinois, and urges the Health Facilities and Services Review Board to promptly approve Centegra's request for a Certificate of Need which will allow the project to become a reality; BE IT FURTHER RESOLVED THAT, a certified copy of this Resolution shall be forwarded to Courtney Avery, the Administrator of the Illinois Health Facilities and Services Review Board,525 W.Jefferson Street, Springfield,Illinois 62761 PASSED and APPROVED this day of ,2011. Voting Aye: Voting Nay: Absent: Not Voting: Abstaining: Signed: Susan Low,Mayor City of McHenry ATTEST: Janice C. Jones,City Clerk City of McHenry CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: April 4, 2011 Regular City Council Meeting RE: Temporary Use Permit for Gary Lang Auto Group, 1107 S. Route 31 ATT: 1. Permit Application 2. Site Plan 3. Modular Building Details Background. Gary Lang is requesting a temporary use permit to allow a temporary modular facility on his site south of his current main showroom (see attached site plan). Due to the inclement weather, the proposed completion date of new imports building has been delayed. However, Gary Lang Auto Group has a preexisting commitment with General Motors to move all product not associated with General Motors out of his main facility by April 1. The temporary facility will be removed when the new import vehicle building receives a certificate of occupancy, which will most likely at the end of May or early June. Analysis. The primary purpose of the proposed temporary modular facility is allow Gary Lang Auto Group to demonstrate to General Motors its intent to locate imports into the new building in a timely manner. Gary Lang previously had a modular trailer, 24' x 56' in size, at this site that was subsequently removed when construction commenced. Staff has no concerns with this request. Recommendation: To approve the requested temporary use permit subject to the temporary modular facility being removed when a certificate of occupancy is issued for the new import building currently under construction. CITY OF MCHENRY PERMIT NO. TEMPORARY USE PERMIT APPLICATION OFFICE USE ONLY APPLICANT NAME: GARY LANG IMPORTS INC ZONING DIST: ADDRESS: 1121 S. IL ROUTE 31 (City:) MCHENRY (State:) IL orlsttiktio 1 aa'rld (Zip:) 60050 '11:.Jghborhbod a�i uic PHONE: 8( 15) 382-2100 X102 MOBILE:(815) 382-1711 FAX: L15) 385-0849 E-MAIL: dilmore@garvlangauto Om EVENT EVENTDATE(S)/HOURS: EVENT ADDRESS: PERMIT FEES GENERAL EVENT DESCRIPTION: TEMPORARY SALES FACILITY TTY NTT FEE: NEW BUILDING IS COMPLETED DEPOSIT: EXISTING LAND USE: VACANT COPIES: SETUP:(Date) 03/28/11 TAKE DOWN:(Date) 05/28/11 EST. TOTAL: OPEN TO PUBLIC: YES:U NO ❑(Invitation only) ATTENDANCE(Projected) EXPIRATION DATE: ADMISSION FEE: YES: ❑$ NONE Id COUNCIL ACTION: DATE: PARKING: NO.OF VEHICLES: SELF®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) l 50' X 10' MOBILE OFFICE SEE ATTACTI DRAWING WILL EVENT BE ADVERTISED?: NO:X3 YES:❑ (If yes,indicate where and how) PYROTECHNICS: NO: EJYES: [](If yes describe) SUBMITTAL CHECKLIST El Completed temporary use permit application. (including property owner signature). lI 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 ALI-INFORMATION CONTAINED HEREIN IS ACCURATE AND TRUE AND THAT I WILL ABIDE BY ALL CITY OF MCHENRY ORDINANCES AND CODES REL.4�F4NFr4p T EUEJSSUANCE OF THIS TEMPORARY USE PERMIT. SIGNED: =='' (OWNER eR AUT DATE:_ 03/25/11 SIGNED: �i DATE:_ 03/25/11 (PROPERTY OWNER) - THIS PERMIT IS GRANTED AND ACCEPTED WITH T ERSTANDING AND AGREEMENT THAT SAID TEMPORARY USE SHALL CONFORM IN ALL RESPECTS WITH THE ORDINANCES OF THE CITY OF MCHEN --KAS NOW IN FORCE. DATE: (DIRECTOR„CONSTRUCTION AND NEIGHBORHOOD SERVICES 333 S.GREEN STREET McHENRY ILLINOIS 60050 (815)363-2170 v SSS ¢� I 7 y3 F i l - i EXISTING i SALES EE TEMP --`` FACILITY NEW SALES CONSTRUCTION _- ACILITY&M 1-1-4 Fit r � ___... ..__.......... _ -z�j SPACE BY 8211 Town Center Drive �r�f7a10 Is Baltimore, Maryland 21236-5997 M05010 & M 800. 782. 15 05012 SCOTSMAN 00 www.willscot.com MOBILE OFFICE EAST COAST MODELS M05010 M05012 46'—0" 4'—0" 46'—0" 4'—0" I� O 1 PLAN TABLE I I O IL PLAN TABLE —II OPTIONAL RESTROOM I r- I OPTIONAL RESTROOM I CENTRAL I CENTRAL CLOSET HVAC HVAC CLOSET Additional floor plans available.Floor plans and specifications may vary from those shown,and are subject to in-stock availablity. SPECIFICATIONS Size(s) Furniture Heating and Cooling THE USE OFTHIS DRAWING FOR ANY MEANS • 50' Long(including hitch) • Two built-in desks with file cabinets • Central HVAC or thru-wall AC OTHER THAN THAT INTENDED IS STRICTLY • 46'Box size • One built-in plan table Exterior Finish/Frame PROHIBITED WITHOUT PRIOR WRITTEN • 10'or 12'Wide • Overhead shelf • Aluminum siding CONSENT OF AN AUTHORIZED WILLIAMS • 8'Ceiling height Electric • I-Beam frame SCOTSMAN REPRESENTATIVE. Interior Finish • Fluorescent ceiling lights • Standard drip rail gutters • Paneled walls • Breaker panel • Vinyl tile floors Windows/Doors • Gypsum ceiling • Horizontal slider windows ©2009Williams Scotsman,Inc.AIIRi9 htsReserved. • Private office(s) • Two vision panel doors with standard locks CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: April 4, 2011 Regular City Council Meeting RE: Temporary Use Permit for Home Depot's Line Goods Corral ATT: Permit Application Site Plan Display Items Background. Home Depot located at 2461 N Richmond Road is requesting a temporary use permit to allow the outdoor display of plants, flowers, and other garden accessories (see attached display list). Attached is a site plan depicting the location of the outdoor merchandise display area in proximity to the storefront. Although the area requested on the application is 100' X 250', staff confirmed with Home Depot that the actual space needed is 80' X 200.' Analysis. This request is similar to Wal-Mart's request approved by the Council on March 21" and previously approved for Home Depot in past years. The outdoor display would be in place from April to September. Recommendation. Staff has no concerns with this request and recommends approval as presented. CITY OF MCHENRY PERMIT NO. ,TEMPORARY USE PERMIT APPLICATION OFFICE USE ONLY APPLICANT NAME: �`` 1� I-Co,`l� '' IA,.� �A ZONINGDIST: ADDRESS: o��4 JV �'c "� � . M L.�)i`iF_t:r:.lCtIOCi and (City:) ^a `{.�.�,, ( (State:) �� (Zip:) GCS0 j�j !'?:�f"!h:',r; o?tl Services PHONE:6L4,�ak!�— g66.3 141&6 MOBILE: /D �{�.�-- 73� MAR 14 2011 FAX: (©(5) �7c .._ o�j� E-MAIL: EVENT DATES /HOURS: A.17,r of mc leilry PERMIT FEES EVENT ADDRESS: ��� V� � < rr <,�•�,f� � L, �,C7'OS�j GENERAL EVENT DESCRIPTION: L i ✓ 6to o C1 S CG��t FEE: too '150 l f o(- DEPOSIT: EXISTING LAND USE: t;5a�, {) G �G `,-y, , to-�- COPIES: TOTAL: SETUP:(Date) TAKE DOWN:(Date) EXPIRATION DATE: OPEN TO PUBLIC: YES:PkNO [](Invitation only) ATTENDANCE(Projected) COUNCIL ACTION: ADMISSION FEE: YES: ❑$ NONE,q] DATE: PARKING: NO, OF VEHICLES: — SELFaVALET ❑REMOTE/SHUTTLE ❑ APPROVED ❑ DENIED ❑ MUSIC: NONEJYrYES ❑(If yes) ACOUSTIC ❑AMPLIFIED ❑ W/CONDITIONS : YES ❑N0: ❑ TEMPORARY STRUCTURES: NO ❑YES K(If yes,indicate number,size,and type) WILL EVENT BE ADVERTISED?: NO: *YES: ❑ (If yes,indicate where and how) PYROTECHNICS: NO:k YES: ❑(If yes describe) SUBMITTAL CHECKLIST Completed temporary use permit application. (including property owner signature). 14 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 ANTCODES RELATING TO THE ISSUANCE OF THIS TEMPORARY USE PERMIT. SIGNED: DATE: (OWNER OR A CTHO Z AGENT) SIGNED: DATE: 2 l�`�66 (PR E 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 333 S.GREEN STREET MCHENRY ILLINOIS 60050 (815)363-2170 ------------- ........... D x � G gU Construction and Nle*borlhood Services MAR 25 2011 City of McHenry Perennials Shrubs Roses Hibiscus Vegetables Groundcover Scotts Soil 80'x 200' #I.CQlor -erentrlal 4pril 15th REGULAR MEETING MARCH 21, 2011 Mayor Low called the regularly scheduled March 21, 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 Cahill, Superintendent Construction and Neighborhood Services Regner, 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 Alderman Condon inquired if the applicant in Consent Agenda Item B, the First United Methodist Church, requested signs to advertise the events. She noted the supplement did not indicate any information regarding signage. Deputy Administrator Martin responded the applicant withdrew the request for signs associated with the events. Alderman Peterson asked if the monthly dinners referenced in Consent Agenda Item B would be open to non-members, and was that the reason the request was before Council. Deputy Administrator Martin responded the event would be a public function and therefore a temporary use permit would be required. Motion by Wimmer, seconded by Blake, to approve the Consent Agenda as presented: A. Resolution authorizing update and publication of City zoning map and directing that notice of annual zoning map update be published; B. Request for temporary use permit to host monthly dinners—First United Methodist Church,3717 West Main Street; C. Request for temporary use permit, temporary advertising signs in public right-of-way, and waiver of all associated fees—McHenry Garden Club annual Container Garden Extravaganza on April 29,2011; D. Request for temporary use permit for outdoor garden shop display—WalMart,2019 North Richmond Road; E. Request for Special Event Liquor License for Montini School Fundraiser to be held at Church of Holy Apostles, 5211 West Bull Valley Road on April 30,2011; a. Picnic permits; G. Request to post temporary advertising signs—annual list of City of McHenry events; H. City Council Minutes: March 7,2011 regularly scheduled meeting; 1. List of Bills: A-ABLE ALARM SERVICE INC 184.50 ACE HARDWARE, BJORKMAN'S 2,098.61 ACE TOWING & RECOVERY 375.00 ADAMS STEEL SERVICE INC 75.37 ADAMS, RUSS 85.59 ADVANTAGE MECHANICAL INC 658.00 ANDREWS, MAUREEN J 264.00 ASHLAND SPECIALTY CHEMIC 2,790.00 AT&T 3,771.56 BARTA, RON 284.66 BATTERIES PLUS 208.00 BEGGS, KEVIN 125.00 Regular Meeting Page 2 ` March 21,2011 BERGGREN, LEE 2,250.00 BRANIFF COMMUNICATIONS I 2,800.00 BURRIS EQUIPMENT COMPANY 19.58 BUSS FORD SALES 6,492.63 CAPITAL GAINS INCORPORAT 4,378.00 CARQUEST AUTO PARTS STOR 458.05 CASSIDY TIRE & SERVICE 89.90 CDW GOVERNMENT INC 2,817.49 CERTIFIED SERVICES INC 15.00 CHICAGO INTERNATIONAL TR 2,318.10 CINTAS CORPORATION #355 1,357.83 COMCAST CABLE 150.68 COMED 7,061.56 CONSTELLATION NEWENERGY 3,744.49 COPY-RITE INC 102.80 CURRAN CONTRACTING COMPA 1,862.76 CUTTING EDGE COMMUNICATI 204.80 D'ANGELO NATURAL SPRING 38.75 DELL MARKETING LP 2,424.00 DISCOUNTID 1,600.00 DOCUMENT IMAGING DIMENSI 413.50 DONS CLEANERS 14.56 DREISILKER ELECTRIC MOTO 772.74 DUCAK, JASON 23.32 ED'S AUTOMOTIVE/JIM'S MU 138.00 FAST EDDIES CAR WASH 168.45 FEES, DAVID W 101.64 FLESCH COMPANY INC, GORD 73.83 FOX VALLEY OPERATORS ASS 50.00 G IMPRESSIONS INC 10.00 GRAINGER 107.56 HALOGEN SUPPLY COMPANY 68.13 HARRINGTON INDUSTRIAL PL 127.14 HYDRAULIC SERVICES AND R 126.89 IACE 25.00 ILLINOIS DEPARTMENT OF P 100.00 ILLINOIS PROSECUTOR SERV 370.00 INTERSTATE BATTERY SYSTE 99.60 JC LICHT/EPCO 226.91 KALE UNIFORMS INC 870.60 KIMBALL MIDWEST 445.14 KING, LAURA 13.96 LANG PONTIAC-CADILLAC-SU 10.22 LEE AUTO MCHENRY 183.50 LIBERTY TAX SERVICE 30.00 MARTIN, ROWENA 150.00 MAXIM CONSTRUCTION CORP 47,205.00 MCAULIFF & SEMROW PC 1,012.50 MCCAFFERTY, BRITTANY 364.00 MCCANN INDUSTRIES INC 61.15 MCCREARY, BARBARA 24.38 MCH COUNTY DEPT OF HEALT 230.00 MCHENRY ANALYTICAL WATER 390.00 MCHENRY AREA CHAMBER OF 30.00 MCHENRY COUNTY RECORDER 761.50 MCHENRY FIRESTONE 438.04 MCHENRY POWER EQUIPMENT 30.29 MEADE ELECTRIC COMPANY I 187.63 MERRYMAN EXCAVATION INC 188,149.73 METROPOLITAN INDUSTRIES 501.46 MIDWEST HOSE AND FITTING 151.06 MONROE TRUCK EQUIPMENT I 281.96 NAPA AUTO PARTS MPEC 2,108.83 NEUMANN JR, EDWARD J 500.00 NORTHWEST ELECTRICAL SUP 181.34 NORTHWEST TRUCKS INC 189.25 PETROLIANCE LLC 9,221.64 PETTIBONE & CO, P F 1,038.75 PITNEY BOWES INC 255.00 POSTMASTER MCHENRY IL 185.00 Regular Meeting Page 3 March 21,2011 PRECISION SERVICE & PART 740.54 PRECISION SHARPENING 39.00 PROSAFETY INC 31.90 RAINBOW RACING SYSTEM 516.65 REICHE'S PLUMBING SEWER 135.00 RELIABLE SAND & GRAVEL 738.16 ROWE, HERBERT W 130.00 ROYKO, CAROLYN 103.00 RYDIN DECAL 4,667.28 SAM'S CLUB 113.88 SCHOPEN PEST SOLUTIONS 75.00 SEC GROUP INC 26,298.79 SECRETARY OF STATE 99.00 SERVICEMASTER BY DIDIER 864.00 SHERWIN INDUSTRIES INC 614.85 STAN'S FINANCIAL SERVICE 222.00 STANS OFFICE TECHNOLOGIE 179.00 STAPLES ADVANTAGE 304.13 SWIFT CO INC, JOHN S 3,056.00 SYNEK, JENNIFER 114.95 TRAFFIC CONTROL & PROTEC 310.15 USA BLUEBOOK 1,242.55 VALLEY VIEW ACRES 85.00 VERIZON WIRELESS 1,729.28 VIKING CHEMICAL COMPANY 1,743.40 VOLTAGE ONE INC 75.00 WAGGONER, CAROL A 120.00 WASTE MANAGEMENT OF WI P 9,192.16 WILDE, TERRY 16.02 ZAREK, JENNIFER 114.00 ZUKOWSKI ROGERS FLOOD & 4,087.50 GRAND TOTALS 367,084.10 FUND TOTALS GENERAL FUND 51,065.62 CIVIL DEFENSE FUND 2,800.00 CAPITAL IMPROVEMENTS FUND 16,741.19 WATER/SEWER FUND 38,549.43 UTILITY IMPROVEMENTS FUND 244,912.33 INFORMATION TECHNOLOGY FUND 8,137.53 RETAINED PERSONNEL ESCROW 500.00 POLICE PENSION FUND 4,378.00 TOTALS 367,084.10 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FROM PUBLIC ACTION TO DELIVER SHELTER (PADS) FOR THE FOLLOWING IN CONJUNCTION WITH ANNUAL PADS SLEEPOUT FOR SHELTER EVENT ON APRIL 30 2011: I. SPECIAL USE OF PETERSEN PARK FOR THE EVENT• 2. WAIVER OF ALL ASSOCIATED FEES• 3. WAIVER FROM THE PROVISIONS OF MUNICIPAL CODE CHAPTER 16 SECTION 16-25 TO ALLOW OVERNIGHT STAYS IN THE PARK FOR THE EVENT Assistant Administrator Hobson stated a request was submitted by PADS, a division of Pioneer Center for Human Services located in McHenry, to host a special event at Petersen Park on April 30, 2011. The PADS Sleepout for Shelter would raise local awareness of the necessity to help those who are without shelter as well as raise funds to support the organization and its Regular Meeting Page 4 March 21,2011 recipients. Approximately 300 persons are expected to participate in the opening ceremonies kickoff event with about 150 spending the night in the park. Assistant Administrator Hobson noted last year Council approved an overnight sleepout in Whispering Oaks Park, however the opening ceremonies were held in Lippold Park in Crystal Lake. He stated it is Staffs recommendation to support the request as presented. Alderman Condon stated she had no issues with the request and noted the proceeds would benefit a worthwhile cause. Alderman Santi inquired if a rain date had been selected to which Assistant Administrator Hobson responded none had been requested. Alderman Schaefer opined this is a good event and it raises an awareness for a worthy cause. Motion by Condon, seconded by Schaefer,to accept Staffs recommendation to approve the request from PADS as presented for the following in conjunction with the annual PADS Sleepout for Shelter Event on April 30, 2011: 1. Special Use of Petersen Park for the event; 2. Waiver of all associated fees; 3. Waiver from the provisions of Municipal Code Chapter 16 Section 16-25 to allow overnight stays in the park for the event Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE—PETC0. 2242 NORTH RICHMOND ROAD Deputy Administrator Martin stated a request was submitted by Petco of 2242 North Richmond Road, for a sign variance to allow an additional "Grooming" sign comprised of 14.21 square feet on their new facility in McHenry Towne Center. Staff believes this is a reasonable request as other larger retail businesses have similar fagade wall signs indicating a brand or service they offer. Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to approve a sign variance as submitted by Petco for their new facility located at 2242 North Richmond Road to allow a "Grooming" wall sign comprised of 14.21 square feet as presented. Regular Meeting Page 5 March 21,2011 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR AMENDMENT TO ORD 07 1374 REGARDING A USE VARIANCE FOR THE PROPERTY LOCATED AT 3601-3637 MUNICIPAL DRIVE: 1. APPROVE ADDITIONAL SQUARE FOOTAGE FOR A COFFEE SANDWICH SHOP 2. ALLOW ONE ADDITIONAL WALL SIGN FOR TENANT SPACES WITH BUILDING FRONTAGE ON TWO SEPARATE RIGHTS-OF-WAY Deputy Administrator Martin stated a request was submitted by the property owner of the office building located at 3601-3637 Municipal Drive to allow a restaurant in the building. Due to the restrictions assigned to the property through City Ordinance ORD-07-1374, the maximum size of a restaurant in the building is limited to 1,500 square feet. The applicant is seeking an amendment to the ordinance to allow an 1,800-2,000 square feet restaurant on the premises. Deputy Administrator Martin noted the applicant is also seeking an amendment to the same ordinance to allow an additional wall sign for tenant spaces having building frontage on two separate rights-of-way. Staff has prepared an ordinance providing for the requested amendments to the 2007 ordinance granting the use variance as requested. Alderman Santi inquired if the restaurant would require any exhaust fans. Deputy Administrator Martin responded in the negative. Alderman Peterson inquired as to the hours of operation of the restaurant. Deputy Administrator Martin responded it would be open in the morning through early evening hours as their clientele would draw predominantly from area business parks. Motion by Santi, seconded by Blake, to accept Staffs recommendation to pass an ordinance amending ORD-07-1374 regarding a use variance for the office building located at 3601-3637 Municipal Drive as follows: 1. To allow an 1,800-2,000 square foot restaurant in the building; 2. To allow one additional wall sign for tenant spaces with building frontage on two separate rights-of-way. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR APPROVAL OF FINAL DESIGN: DOWNTOWN WAYFINDING SIGNAGE PACKAGE Assistant Administrator Hobson stated on September 27, 2010 Council authorized Staff to proceed with the development of a downtown wayfinding sign package with Via Wayfinding Regular Meeting Page 6 ` March 21,2011 Systems. At that time Council requested review of the final design prior to authorizing construction. The final proof is before Council for consideration this evening. Alderman Wimmer noted the project came together well. Responding to an inquiry, Assistant Administrator Hobson noted the two-sided sign to be located at Riverside and Elm Street intersection was developed due to sight line constraints. In response to Alderman Schaefer's inquiry, Assistant Administrator Hobson stated the project included additional signs as it came in under budget. Mayor Low commended Assistant Administrator Hobson and Deputy Administrator Martin for their efforts in bringing this project to fruition. Assistant Administrator Hobson noted it was hoped the signs would be installed by summer. Motion by Wimmer, seconded by Santi, to accept Staff's recommendation to approve the final design of the downtown wayfinding signage as provided by Via Wayfinding Systems and to allow erection of the signs within the municipal rights-of-way. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE PROVIDING FOR MAYOR'S EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH MCHENRY HIGH SCHOOL DISTRICT 156 FOR WEST CAMPUS TENNIS COURTS INCLUDING: 1. CITY CONTRIBUTION OF$20 000 TOWARD RENOVATION OF THE COURTS, 2. SHARED USE AGREEMENT FOR TENNIS COURT USE FOLLOWING RENOVATION Assistant Administrator Hobson stated Mchenry High School District 156 has reopened previous discussions with the City regarding the joint renovation and shared use of the West Campus tennis courts. An intergovernmental agreement has been prepared by the District providing for the City's contribution toward the court renovations and allowing for a shared use agreement following the completion of the project. Staff has prepared an ordinance authorizing the Mayor's execution of the intergovernmental agreement. He noted the requested contribution by the City for this project is$20,000. Alderman Condon opined the City needs to show its support of District 156 and its sports by having resources available for use. Regular Meeting Page 7 March 21,2011 Alderman Schaefer expressed concerns that money is not being used to improve City owned tennis courts and questioned why the City would partner with the school district when we cannot renovate our own facilities. Mayor Low stated the way to get things accomplished during these difficult economic times is to pool available resources. Motion by Condon, seconded by Santi, to accept Staff's recommendation to pass an ordinance authorizing the Mayor's execution of an Intergovernmental Agreement with McHenry High School District 156 for the following regarding West Campus tennis courts: 1. City contribution of$20,000 toward the renovation of the courts; 2. Shared use agreement for the tennis courts following renovation. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: Schaefer. Absent: None. Motion carried. REQUEST FOR AUTHORIZATION TO CONTRACT FOR REPAIRS FOR ICE DAMAGED PIERS AT RIVIERA MARINA-REINWALL REPAIRS IN AN AMOUNT NOT-TO-EXCEED $6,000 Assistant Administrator Hobson stated a request for proposals was sought for the repair of the ice-damaged piers at the City-owned Riviera Marina. Reinwall Repairs has submitted a quote in the amount of $6,000 for this project. Staff is recommending the authorization to accept the proposal and award the project to Reinwall Repairs in an amount not-to-exceed $6,000. Alderman Schaefer stated he would like to see more detail on the quote presented. He noted it is unclear exactly what repairs would be done with the $6,000. Assistant Administrator Hobson responded he would verify which piers are being repaired and obtain a more itemized estimate to satisfy the Council's concerns. Alderman Peterson inquired if these repairs occur on an annual basis. He opined the piers should be prepared for the winter season in an effort to prevent annual damage due to ice, etc. Alderman Glab expressed concerns that preventative measures may be costly. City Administrator Black noted the City receives between $60,000 and $70,000 annually for rental of the property. Regular Meeting Page 8 ' March 21,2011 Motion by Schaefer, seconded by Wimmer, to accept Staff's recommendation to award the contract for the repair of the ice-damaged piers at Riviera Marina to Reinwall Repairs in an amount not-to-exceed $6,000 as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 7,_ BUILDINGS AND BUILDING REGULATIONS Superintendent of Construction and Neighborhood Services Regner stated the City last revised its building codes and adopted updated versions in August of 2006. The Community Development Committee at its February 22, 2011 meeting considered and recommended approval of updates to the City building code as follows: 2006 International Building Code 2009 International Energy Conservation Code 2006 International Fire Code 2006 International Fuel Gas Code 2006 International Mechanical Code 2009 International Property Maintenance Code 2006 International Residential Code 2005 National Electrical Code. Staff has proposed adopting the updated codes and informing the Illinois Building Commission of their adoption as required by state statutes. The notice of updating codes must be posted for 30 days prior to the implementation of the new codes. Superintendent Regner noted Staff is anticipating the implementation of the new codes on June 1, 2011. Superintendent Regner noted the following codes would remain in effect as mandated by the State of Illinois: Illinois Accessibility Code, current edition Illinois State Plumbing Code, current edition. Superintendent Regner stated an ordinance has been prepared providing for the adoption of the updated codes and it is the recommendation of Staff and the Community Development Committee to pass the ordinance adopting the updated codes as presented. Motion by Wimmer, seconded by Santi, to pass an ordinance amending the Municipal Code, Chapter 7, providing for the update of City building codes as follows: Regular Meeting Page 9 March 21,2011 2006 International Building Code 2009 International Energy Conservation Code 2006 International Fire Code 2006 International Fuel Gas Code 2006 International Mechanical Code 2009 International Property Maintenance Code 2006 International Residential Code 2005 National Electrical Code. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low reported that last Thursday and Friday was the annual St. Baldrick's Day event in the City. She noted it was a wonderful event held at both high school campuses and Parkland School. The event raised an incredible amount of money which will benefit the research of childhood cancer. Mayor Low reported the Green Street "fox signs" have been hung on lamp posts. COMMITTEE REPORTS Finance and Personnel Committee Chairman Alderman Schaefer announced a committee meeting has been scheduled for Monday, March 28, 2011 at 4 p.m. in the Aldermen's Conference Room. Chairman Schaefer also reported minutes of the March 14, 2011 Finance and Personnel Committee meeting would be forthcoming. Council Liaison Alderman Condon announced the McHenry Area Youth Commission partnered with the Warriors for Community event which supported a "Town Against Tragedy". STAFF REPORTS City Administrator Black announced spring hydrant flushing would commence on April 4th. Additional information is available on the City website. City Administrator Black reported financial summary information has been provided to Council. Any questions should be directed to the office of the City Administrator. Regular Meeting Page 10 March 21,2011 ADJOURNMENT Motion by Wimmer, seconded by Blake, to adjourn the meeting at 8:10 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:10 p.m. Mayor City Clerk DATE 3/30/2011 09:10 AM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 4/4/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11030861 100 01 1000 A-ABLE ALARM SERVICE INC 54233 DUPLICATE KEYS 04/04/11 0 032911 11.97 100.01.6110 1103 032911 GLJ1881 11.97 032911 11030862 100 33 1077 ACE TOWING & RECOVERY 6287 VEHICLE TOWING SERVICES 04/04/11 0 032911 87.00 100.33.5370 1103 032911 GLJ1881 87.00 032911 11030863 100 22 1077 ACE TOWING & RECOVERY 6200 FLAT TIRE CHANGE 04/04/11 0 032911 45.00 100.22.5110 1103 032911 GLJ1881 45.00 032911 11030864 100 33 1106 ADAMS STEEL SERVICE INC 295520SUPPLIES 04/04/11 0 032911 21.82 100.33.5370 1103 032911 GLJ1881 21.82 032911 11030866 580 32 1113 ADVANCED AUTOMATION AND 11-1314 SCADA SYSTEM CONTROLS 04/04/11 0 032911 13,641.72 580.32.8500 1103 032911 GLJ1881 13641.72 032911 580-CWWSWW 11030867 580 32 1113 ADVANCED AUTOMATION AND 11-1323 SCADA SYSTEM CONTROLS 04/04/11 0 032911 11,766.00 580.32.8500 1103 032911 GLJ1881 11766.00 032911 580-CWWSWW 11030868 580 32 1113 ADVANCED AUTOMATION AND 11-1305 SCADA SYSTEM INTEGRATION 04/04/11 0 032911 9,119.99 580.32.8500 1103 032911 GLJ1881 9119.99 032911 580-CWWSWW 11030869 580 32 1113 ADVANCED AUTOMATION AND 10-1277 SCADA SYSTEM INTEGRATION 04/04/11 0 032911 3,037.90 580.32.8500 1103 032911 GLJ1881 3037.90 032911 580-CWWSWW 11030870 510 32 1113 ADVANCED AUTOMATION AND 11-1327 COMMUNICATION/TRANSDUCER IS 04/04/11 0 032911 220.00 510.32.5110 1103 032911 GLJ1881 220.00 032911 11030871 510 32 1120 ADVANTAGE MECHANICAL INC 15087 BOILER SERVICE CALLS 04/04/11 0 032911 360.00 510.32.5375 1103 032911 GLJ1881 360.00 032911 11030872 100 47 1497 ANDERSON, LORI 1/6-3/24 PARKS PROGRAM INSTRUCTOR 04/04/11 0 032911 251.88 100.47.5110 1103 032911 GLJ1881 251.88 032911 11030873 510 31 1632 ARAMARK 14144417 EMPLOYEE UNIFORMS 04/04/11 0 032911 72.97 510.31.4510 1103 032911 GLJ1881 72.97 032911 11030874 510 31 1632 ARAMARK 14156455 EMPLOYEE UNIFORMS 04/04/11 0 032911 159.98 510.31.4510 1103 032911 GLJ1881 159.98 032911 11030875 100 01 1632 ARAMARK 13878078 EMPLOYEE UNIFORMS 04/04/11 0 032911 11.25 100.01.4510 1103 032911 GLJ1881 11.25 032911 11030876 100 33 1632 ARAMARK 14143956 EMPLOYEE UNIFORMS 04/04/11 0 032911 176.80 100.33.4510 1103 032911 GLJ1881 176.80 032911 11030877 100 33 1632 ARAMARK 14147111 EMPLOYEE UNIFORMS 04/04/11 0 032911 162.44 100.33.4510 1103 032911 GLJ1881 162.44 032911 DATE 3/30/2011 09:10 AM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 4/4/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11030878 100 42 1663 ARVIDSON POOL & SPAS - C 164572-1 SUPPLIES 04/04/11 0 032911 1,605.96 100.42.6110 1103 032911 GLJ1881 1605.96 032911 11030879 XXXXX XXXXX 1450 AT&T MARCH/APR PRI PHONE LINES 04/04/11 0 032911 866.73 100.01.5320 1103 032911 GLJ1881 155.40 032911 100.02.5320 1103 032911 GLJ1881 49.08 032911 100.04.5320 1103 032911 GLJ1881 65.44 032911 100.22.5320 1103 032911 GLJ1881 310.81 032911 100.30.5320 1103 032911 GLJ1881 49.08 032911 100.33.5320 1103 032911 GLJ1881 16.36 032911 100.03.5320 1103 032911 GLJ1881 106.33 032911 100.41.5320 1103 032911 GLJ1881 49.08 032911 100.44.5320 1103 032911 GLJ1881 8.18 032911 100.46.5320 1103 032911 GLJ1881 16.36 032911 100.47.5320 1103 032911 GLJ1881 8.18 032911 620.00.5110 1103 032911 GLJ1881 32.43 032911 11030880 100 XXXXX 1450 AT&T MARCH/APR ALARM CIRCUITS 04/04/110 032911 1,593.56 100.22.5320 1103 032911 GLJ1881 1015.74 032911 100.43.5320 1103 032911 GLJ1881 141.85 032911 100.45.5320 1103 032911 GLJ1881 435.97 032911 11030881 510 XXXXX 1450 AT&T MARCH/APR ALARM CIRCUITS 04/04/11 0 032911 836.29 510.31.5320 1103 032911 GLJ1881 110.71 032911 510.32.5320 1103 032911 GLJ1881 725.58 032911 11030882 100 01 1452 AT&T LONG DISTANCE 857237047 LONG DISTANCE PHONE SERVICE 04/04/11 0 032911 .35 100.01.5320 1103 032911 GLJ1881 .35 032911 11030883 100 XXXXX 1452 AT&T LONG DISTANCE 813828058 LONG DISTANCE PHONE SERVICE 04/04/11 O 032911 127.65 100.01.5320 1103 032911 GLJ1881 123.32 032911 100.22.5320 1103 032911 GLJ1881 .44 032911 100.30.5320 1103 032911 GLJ1881 1.28 032911 100.33.5320 1103 032911 GLJ1881 1.46 032911 100.41.5320 1103 032911 GLJ1881 .29 032911 100.45.5320 1103 032911 GLJ1881 .86 032911 11030884 510 XXXXX 1452 AT&T LONG DISTANCE 813828058 LONG DISTANCE PHONE SERVICE 04/04/11 0 032911 2.80 510.31.5320 1103 032911 GLJ1881 1.96 032911 510.32.5320 1103 032911 GLJ1881 .84 032911 11030885 100 47 2660 BRUMMOND, PATRICIA L 2/9-3/23 PARKS PROGRAM INSTRUCTOR 04/04/11 0 032911 118.13 100.47.5110 1103 032911 GLJ1883 118.13 032911 11030886 100 22 2744 BULL VALLEY AUTO BODY 11-2985 VEHICLE TOWING SERVICES 04/04/11 0 032911 125.00 100.22.5110 1103 032911 GLJ1883 125.00 032911 11030887 100 22 2744 BULL VALLEY AUTO BODY 11-003412 VEHICLE TOWING SERVICES 04/04/11 0 032911 125.00 100.22.5110 1103 032911 GLJ1883 125.00 032911 DATE 3/30/2011 09:10 AM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 4/4/11 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 ------------------------------------------------------------------------------------------------------------------------------- 11030888 100 33 2765 BUSS FORD SALES 40074 VEHICLE REPAIR PARTS 04/04/11 0 032911 72.80 100.33.5370 1103 032911 GLJ1883 72.80 032911 11030889 100 22 2765 BUSS FORD SALES 40210 VEHICLE REPAIR PARTS 04/04/11 0 032911 88.38 100.22.5370 1103 032911 GLJ1883 88.38 032911 11030890 100 22 2765 BUSS FORD SALES 40153 VEHICLE REPAIR PARTS 04/04/11 0 032911 435.84 100.22.5370 1103 032911 GLJ1883 435.84 032911 11030942 100 22 2765 BUSS FORD SALES 40229 VEHICLE REPAIR PARTS 04/04/11 0 032911 106.18 100.22.5370 1103 032911 GLJ1886 106.18 032911 11030943 100 22 2765 BUSS FORD SALES 40180 VEHICLE REPAIR PARTS 04/04/11 0 032911 211.86 100.22.5370 1103 032911 GLJ1886 211.86 032911 11030944 100 22 2765 BUSS FORD SALES 40168 VEHICLE REPAIR PARTS 04/04/11 0 032911 255.39 100.22.5370 1103 032911 GLJ1886 255.39 032911 11030891 620 00 3135 CDW GOVERNMENT INC WRQ5840 SYMANTEC SYSTEM RECOVERY 04/04/11 0 032911 2,200.00 620.00.5110 1103 032911 GLJ1883 2200.00 032911 11030892 100 33 3160 CERTIFIED FLEET SERVICES F6394 HI-RANGER INSPECTION 04/04/11 0 032911 221.70 100.33.5370 1103 032911 GLJ1883 221.70 032911 11030893 510 31 3248 CHEMICAL PUMP SALES & SE 70943 SUPPLIES 04/04/11 0 032911 425.00 510.31.6110 1103 032911 GLJ1883 425.00 032911 11030894 510 31 3248 CHEMICAL PUMP SALES & SE 30915 SUPPLIES 04/04/11 0 032911 1,092.00 510.31.6110 1103 032911 GLJ1883 1092.00 032911 11030895 510 31 3248 CHEMICAL PUMP SALES & SE 30916 SUPPLIES 04/04/11 0 032911 895.00 510.31.6110 1103 032911 GLJ1883 895.00 032911 11030896 100 33 6635 CHICAGO INTERNATIONAL TR 111143114 VEHICLE REPAIR PARTS 04/04/11 0 032911 143.93 100.33.5370 1103 032911 GLJ1883 143.93 032911 11030945 100 33 3266 CHRISTOPHER, DAVID CLOTHING ALLOWANCE REIMB 04/04/11 O 032911 271.95 100.33.4510 1103 032911 GLJ1886 271.95 032911 11030897 620 00 3532 COMMUNICATIONS REVOLVING T1132145 COMMUNICATION CHARGES 04/04/11 0 032911 10.00 620.00.5110 1103 032911 GLJ1883 10.00 032911 11030898 100 33 3537 CONCRETE SOLUTIONS CORP 19412 SUPPLIES 04/04/11 0 032911 179.50 100.33.6110 1103 032911 GLJ1883 179.50 032911 11030899 510 KKKXK 3565 CONSTELLATION NEWENERGY 3015869 WATER/SEWER PUMPING CHARGES 04/04/11 0 032911 38,901.54 510.31.5510 1103 032911 GLJ1883 7511.56 032911 510.32.5510 1103 032911 GLJ1883 31389.98 032911 11030900 100 33 3742 CURRAN CONTRACTING COMPA 75568 MATERIALS 04/04/11 0 032911 545.67 100.33.6110 1103 032911 GLJ1883 545.67 032911 DATE 3/30/2011 09:10 AM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 4/4/11 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 ------------------------------------------------------------------------------------------------------------- 11030901 100 33 3742 CURRAN CONTRACTING COMPA 75590 MATERIALS 04/04/11 0 032911 936.54 100.33.6110 1103 032911 GLJ1883 936.54 032911 11030906 100 33 4317 D'S MARINE SERVICE INC 121491VEHICLE REPAIR PARTS 04/04/11 0 032911 40.03 100.33.5370 1103 032911 GLJ1884 40.03 032911 11030902 100 22 4031 DAWSON, CHRISTINE CLOTHING ALLOWANCE REIMB 04/04/11 O 032911 110.54 100.22.4510 1103 032911 GLJ1883 110.54 032911 11030903 100 41 1 DENNY, JODY PARKS PROGRAM REFUND 04/04/11 0 032911 60.00 100.41.3637 1103 032911 GLJ1883 60.00 032911 11030904 100 22 4151 DENTAL HEALTH PRODUCTS I 722440LAB SUPPLIES 04/04/11 0 032911 106.85 100.22.6210 1103 032911 GLJ1884 106.85 032911 11030905 100 01 4289 DILLON, JOHN UNIFORMS CHECK RE-ISSUE 04/04/11 0 032911 89.88 CHK #743904 DATED 11/15/10 100.01.4510 1103 032911 GLJ1884 89.88 032911 11030946 740 00 4316 DIXON ENGINEERING INC 11-2590 T MOBILE 04/04/11 0 032911 850.00 740.00.5220 1103 032911 GLJ1886 850.00 032911 11030907 100 33 4560 DOUG'S TRANSMISSIONS 11-1246 VEHICLE REPAIRS 04/04/11 0 032911 1,785.00 100.33.5370 1103 032911 GLJ1884 1785.00 032911 11030908 510 32 4637 DREISILKER ELECTRIC MOTO I745602 EQUIPMENT REPAIRS 04/04/11 0 032911 265.92 510.32.5375 1103 032911 GLJ1884 265.92 032911 11030909 510 32 4637 DREISILKER ELECTRIC MOTO I746639 SUPPLIES 04/04/11 0 032911 9.12 510.32.6110 1103 032911 GLJ1884 9.12 032911 11030910 100 45 4637 DREISILKER ELECTRIC MOTO 1745610 VEHICLE REPAIR PARTS 04/04/11 0 032911 11.40 100.45.5370 1103 032911 GLJ1884 11.40 032911 11030911 510 32 4637 DREISILKER ELECTRIC MOTO 1738897 SUPPLIES 04/04/11 0 032911 24.66 510.32.6110 1103 032911 GLJ1884 24.66 032911 11030912 510 31 5050 EAST JORDAN IRON WORKS 3352659 SUPPLIES 04/04/11 0 032911 78.00 510.31.6110 1103 032911 GLJ1884 78.00 032911 11030913 510 32 5107 ED'S RENTAL & SALES INC 3143-1SUPPLIES 04/04/11 0 032911 28.25 510.32.6110 1103 032911 GLJ1884 28.25 032911 11030914 100 01 5393 ELM STREET DESIGN 7858 SUPPLIES 04/04/11 0 032911 40.00 100.01.6110 1103 032911 GLJ1884 40.00 032911 11030915 100 22 6530 FOERSTER, JEFFERY S COMPUTER PARTS REIMB 04/04/11 0 032911 53.05 100.22.6110 1103 032911 GLJ1884 53.05 032911 11030947 100 33 7281 G IMPRESSIONS INC 08-001606 EMPLOYEE UNIFORMS 04/04/11 0 032911 104.28 DATE 3/30/2011 09:10 AM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 4/4/11 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 ----------------------------------------------------------------------------------------------------------------------------------- 100.33.4510 1103 032911 GLJ1886 104.28 032911 11030916 100 22 7074 GITZKE, WILLIAM J 11298 RADIO REPAIRS 04/04/11 0 032911 283.40 100.22.5370 1103 032911 GLJ1884 283.40 032911 11030917 100 22 7074 GITZKE, WILLIAM J 11300 RADIO REPAIRS 04/04/11 0 032911 405.30 100.22.5370 1103 032911 GLJ1884 405.30 032911 11030918 100 01 7404 GLOBAL EQUIPMENT COMPANY 103941683 SUPPLIES/SMOKERS OUTPOSTS 04/04/11 0 032911 674.43 100.01.6110 1103 032911 GLJ1884 674.43 032911 11030919 100 45 7645 GROWER EQUIPMENT & SUPPL 46390 EQUIPMENT 04/04/11 0 032911 880.00 100.45.6270 1103 032911 GLJ1884 880.00 032911 11030920 100 33 7645 GROWER EQUIPMENT & SUPPL 46391 SUPPLIES 04/04/11 0 032911 59.80 100.33.6110 1103 032911 GLJ1884 59.80 032911 11030921 100 22 7771 GUZMAN, JUAN REFUND VEHICLE IMPOUND FEE 04/04/11 0 032911 200.00 MCH11-03-155-30281 100.22.3537 1103 032911 GLJ1884 200.00 032911 11030948 100 22 8017 HANSEN'S ALIGNMENT, DON 3/22/11 VEHICLE REPAIRS 04/04/11 0 032911 150.00 100.22.5370 1103 032911 GLJ1886 150.00 032911 11030922 620 00 8035 HARRIS, TIMOTHY REIMB COMPUTER REFERENCE MATERIALS 04/04/11 0 032911 90.28 620.00.5450 1103 032911 GLJ1884 90.28 032911 11030923 100 KXXKX 8527 HOME DEPOT CREDIT SERVIC FEB/MARCH SUPPLIES 04/04/11 0 032911 522.55 100.01.6110 1103 032911 GLJ1884 322.41 032911 100.33.6110 1103 032911 GLJ1884 162.01 032911 100.45.6110 1103 032911 GLJ1884 36.13 032911 11030924 510 31 8527 HOME DEPOT CREDIT SERVIC FEB/MARCH SUPPLIES 04/04/11 O 032911 173.92 510.31.6110 1103 032911 GLJ1884 173.92 032911 11030925 100 01 8749 HUSTLER SPORT CENTER MAR11L0003EQUIPMENT PARTS 04/04/11 0 032911 58.24 100.01.5370 1103 032911 GLJ1884 58.24 032911 11030926 100 03 9509 ICC 2601 CODE BOOKS 04/04/11 0 032911 1,154.92 100.03.5450 1103 032911 GLJ1884 1154.92 032911 11030927 100 22 10025 JAKIELA, ASHLEY REFUND VEHICLE IMPOUND FEES 04/04/11 0 032911 500.00 MCH11-03-051-150-00155 100.22.3537 1103 032911 GLJ1884 500.00 032911 11030994 100 47 19024 JOHNSBURG BOWL INC 2011-5PARKS PROGRAM 04/04/11 0 033011 400.00 100.47.5110 1103 033011 GLJ1888 400.00 033011 11030928 100 22 11025 KALE UNIFORMS INC 532519POLICE SAFETY VEST 04/04/11 0 032911 599.18 100.22.6110 1103 032911 GLJ1884 599.18 032911 DATE 3/30/2011 09:10 AM CITY OF MCHENRY PAGE 6 LIST OF BILLS COUNCIL MEETING 4/4/11 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 ------------------------------------------------------------------------------------------------------ 11030929 100 01 11108 KDS TECH SERVICES INC 1742 SUPPLIES 04/04/11 0 032911 621.00 100.01.6110 1103 032911 GLJ1884 621.00 032911 11030930 100 33 11286 KIMBALL MIDWEST 1864110 SUPPLIES 04/04/11 0 032911 202.42 100.33.5370 1103 032911 GLJ1884 202.42 032911 11030931 100 33 12021 LANGE, MICHAEL CLOTHING ALLOWANCE REIMB 04/04/11 0 032911 21.42 100.33.4510 1103 032911 GLJ1884 21.42 032911 11030932 100 XXXXX 12747 LUNSMANN, JOAN REFUND-UNUM VOLUNTARY LIFE INS 04/04/11 0 032911 213.60 100.2241 1103 032911 GLJ1884 213.60 032911 11030933 610 00 16015 MARATHON TOWING 16047 VEHICLE TOWING SERVICES 04/04/11 0 032911 40.00 610.00.5980 1103 032911 GLJ1884 40.00 032911 11030934 100 22 16015 MARATHON TOWING 16154 VEHICLE TOWING SERVICES 04/04/11 0 032911 40.00 100.22.5110 1103 032911 GLJ1884 40.00 032911 11030940 100 33 14069 MCCANN INDUSTRIES INC 11026046 VEHICLE REPAIR PARTS 04/04/11 0 032911 31.98 100.33.5370 1103 032911 GLJ1886 31.98 032911 11030950 510 31 14246 MCHENRY ANALYTICAL WATER 26893 WATER SAMPLE ANALYSIS 04/04/11 0 032911 41.00 510.31.5110 1103 032911 GLJ1887 41.00 032911 11030951 510 31 14246 MCHENRY ANALYTICAL WATER 27056 WATER SAMPLE ANALYSIS 04/04/11 0 032911 60.00 510.31.5110 1103 032911 GLJ1887 60.00 032911 11030953 100 47 14247 MCHENRY AREA CHAMBER OF 44420 CHAMBER GIFT CHECK 04/04/11 0 032911 425.00 100.47.6110 1103 032911 GLJ1887 425.00 032911 11030957 100 46 14276 MCHENRY COMMUNITY HIGH S 5/13-14/11DANCE RECITAL SPACE RENTAL 04/04/11 0 032911 506.65 100.46.5110 1103 032911 GLJ1887 506.65 032911 11030954 100 33 14266 MCHENRY FIRESTONE 017768TIRE 04/04/11 0 032911 42.00 100.33.5370 1103 032911 GLJ1887 42.00 032911 11030955 510 32 14266 MCHENRY FIRESTONE 017773TIRES 04/04/11 0 032911 258.00 510.32.5370 1103 032911 GLJ1887 258.00 032911 11030956 100 33 14266 MCHENRY FIRESTONE 017774TIRES 04/04/11 0 032911 162.00 100.33.5370 1103 032911 GLJ1887 162.00 032911 11030935 100 33 13156 MERTZ, GARY CLOTHING ALLOWANCE REIMB 04/04/11 0 032911 185.27 100.33.4510 1103 032911 GLJ1884 185.27 032911 11030936 510 32 13161 METRA P05226SANITARY SEWER LEASE 04/04/11 0 032911 943.74 510.32.5110 1103 032911 GLJ1884 943.74 032911 11030937 510 32 13164 METROPOLITAN INDUSTRIES 243288PUMP 04/04/11 0 032911 8,435.00 510.32.5375 1103 032911 GLJ1884 8435.00 032911 DATE 3/30/2011 09:10 AM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 4/4/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11030938 510 31 13172 MEYER MATERIAL COMPANY 250747MATERIALS 04/04/11 0 032911 57.42 510.31.6110 1103 032911 GLJ1884 57.42 032911 11030939 100 04 13291 MINUTEMAN PRESS OF MCH 74608 DIAL A RIDE VOUCHER PACKS 04/04/11 0 032911 161.36 100.04.5330 1103 032911 GLJ1884 161.36 032911 11030952 100 00 13291 MINUTEMAN PRESS OF MCH 74691 PRINTING SERVICES 04/04/11 0 032911 131.71 100.00.6210 1103 032911 GLJ1887 131.71 032911 11030958 100 XXXXX 15545 NICOR GAS FEB/MARCH UTILITIES 04/04/11 0 032911 995.51 100.43.5510 1103 032911 GLJ1887 167.08 032911 100.45.5510 1103 032911 GLJ1887 759.19 032911 100.46.5510 1103 032911 GLJ1887 69.24 032911 11030959 510 XXXXX 15545 NICOR GAS FEB/MARCH UTILITIES 04/04/11 0 032911 3,556.37 510.31.5510 1103 032911 GLJ1887 1249.70 032911 510.32.5510 1103 032911 GLJ1887 2306.67 032911 11030960 510 32 15534 NORTHERN BALANCE & SCALE 74436 SCALE CALIBRATION 04/04/11 0 032911 101.00 510.32.6110 1103 032911 GLJ1887 101.00 032911 11030961 100 01 15557 NORTHWEST ELECTRICAL SUP 16965808 ELECTRICAL SUPPLIES 04/04/11 0 032911 147.76 100.01.6110 1103 032911 GLJ1887 147.76 032911 11030962 100 46 16636 ORIENTAL TRADING CO INC 643456593 SUPPLIES 04/04/11 0 032911 58.91 100.46.6110 1103 032911 GLJ1887 58.91 032911 11030963 100 01 17005 PACE 114834LOCAL SHARE DIAL-A-RIDE 04/04/11 0 032911 10,400.25 100.01.5110 1103 032911 GLJ1887 JAN 2011 10400.25 032911 11030965 100 33 17010 PADRO, PEDRO CLOTHING ALLOWANCE REIMB 04/04/11 0 032911 30.46 100.33.4510 1103 032911 GLJ1887 30.46 032911 11030964 510 31 17008 PALMER, MIKE 3/22-24/11TRAINING EXPENSE REIMB 04/04/11 0 032911 301.76 510.31.5430 1103 032911 GLJ1887 301.76 032911 11030966 100 44 17156 PEPSI BEVERAGE COMPANY 38060968 CONCESSION SUPPLIES 04/04/11 0 032911 338.14 100.44.6110 1103 032911 GLJ1887 338.14 032911 11030967 100 03 2532 PETROLIANCE LLC 8979306 VEHICLE FUEL 04/04/11 0 032911 91.49 100.03.6250 1103 032911 GLJ1887 91.49 032911 11030968 100 03 2532 PETROLIANCE LLC 8982641 VEHICLE FUEL 04/04/11 0 032911 79.41 100.03.6250 1103 032911 GLJ1887 79.41 032911 11030969 100 22 2532 PETROLIANCE LLC 8973118 VEHICLE FUEL 04/04/11 0 032911 2,780.77 100.22.6250 1103 032911 GLJ1887 2780.77 032911 11030970 100 22 2532 PETROLIANCE LLC 8975819 VEHICLE FUEL 04/04/11 0 032911 2,635.62 100.22.6250 1103 032911 GLJ1887 2635.62 032911 DATE 3/30/2011 09:10 AM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 4/4/11 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 ------------------------------------------------------------------------------------------------ 11030971 100 22 2532 PETROLIANCE LLC 8979311 VEHICLE FUEL 04/04/11 0 032911 3,307.99 100.22.6250 1103 032911 GLJ1887 3307.99 032911 11030972 100 22 2532 PETROLIANCE LLC 8982646 VEHICLE FUEL 04/04/11 0 033011 3,066.31 100.22.6250 1103 033011 GLJ1888 3066.31 033011 11030973 100 33 2532 PETROLIANCE LLC 8975818 VEHICLE FUEL 04/04/11 O 033011 822.97 100.33.6250 1103 033011 GLJ1888 822.97 033011 11030974 100 33 2532 PETROLIANCE LLC 8978132 VEHICLE FUEL 04/04/11 0 033011 1,217.80 100.33.6250 1103 033011 GLJ1888 1217.80 033011 11030975 100 33 2532 PETROLIANCE LLC 8978133 DRUM DEPOSIT REFUND 04/04/11 O 033011 40.00- 100.33.6250 1103 033011 GLJ1888 40.00OR 033011 11030976 100 XXXXX 2532 PETROLIANCE LLC 8979310 VEHICLE FUEL 04/04/11 0 033011 363.28 100.01.6250 1103 033011 GLJ1888 107.06 033011 100.33.6250 1103 033011 GLJ1888 256.22 033011 11030977 100 45 2532 PETROLIANCE LLC 8979309 VEHICLE FUEL 04/04/11 O 033011 157.18 100.45.6250 1103 033011 GLJ1888 157.18 033011 11030978 100 45 2532 PETROLIANCE LLC 8982644 VEHICLE FUEL 04/04/11 0 033011 160.92 100.45.6250 1103 033011 GLJ1888 160.92 033011 11030979 510 31 2532 PETROLIANCE LLC 8979308 VEHICLE FUEL 04/04/11 0 033011 467.36 510.31.6250 1103 033011 GLJ1888 467.36 033011 11030980 510 31 2532 PETROLIANCE LLC 8982643 VEHICLE FUEL 04/04/11 0 033011 389.45 510.31.6250 1103 033011 GLJ1888 389.45 033011 11030981 510 32 2532 PETROLIANCE LLC 8975816 VEHICLE FUEL 04/04/11 0 .033011 400.80 510.32.6250 1103 033011 GLJ1888 400.80 033011 11030982 510 32 2532 PETROLIANCE LLC 8982642 VEHICLE FUEL 04/04/11 0 033011 382.51 510.32.6250 1103 033011 GLJ1888 382.51 033011 11030983 510 32 2532 PETROLIANCE LLC 8979307 VEHICLE FUEL 04/04/11 0 033011 749.23 510.32.6250 1103 033011 GLJ1888 749.23 033011 11030984 100 22 17154 PETTIBONE & CO, P F 22354 EMPLOYEE UNIFORM ITEMS 04/04/11 O 033011 170.00 100.22.4510 1103 033011 GLJ1888 170.00 033011 11030985 100 22 17154 PETTIBONE & CO, P F 22407 EMPLOYEE UNIFORM ITEMS 04/04/11 0 033011 168.50 100.22.4510 1103 033011 GLJ1888 168.50 033011 11030986 100 22 17542 POPP, LARRY CLOTHING ALLOWANCE REIMB 04/04/11 0 033011 17.12 100.22.4510 1103 033011 GLJ1888 17.12 033011 11030987 100 22 17640 PRECISION SERVICE & PART 06-118357 VEHICLE REPAIR PARTS 04/04/11 0 033011 140.96 100.22.5370 1103 033011 GLJ1888 140.96 033011 DATE 3/30/2011 09:10 AM CITY OF MCHENRY PAGE 9 LIST OF BILLS COUNCIL MEETING 4/4/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11030988 100 33 17656 PROSAFETY INC 2/689260 EMPLOYEE UNIFORM ITEMS 04/04/11 0 033011 75.00 100.33.4510 1103 033011 GLJ1888 75.00 033011 11030989 100 22 19015 RADICOM INC 97080 DISPATCH HEADSETS 04/04/11 0 033011 422.46 100.22.5370 1103 033011 GLJ1888 422.46 033011 11030990 100 33 19015 RADICOM INC 170984MOBILE RADIOS 04/04/11 0 033011 4,344.00 100.33.6110 1103 033011 GLJ1888 4344.00 033011 11030991 510 32 19015 RADICOM INC 170967MOBILE RADIOS 04/04/11 O 033011 1,086.00 510.32.5375 1103 033011 GLJ1888 1086.00 033011 11030992 510 31 19015 RADICOM INC 170966MOBILE RADIOS 04/04/11 0 033011 1,810.00 510.31.5370 1103 033011 GLJ1888 1810.00 033011 11030993 100 03 19015 RADICOM INC 170972MOBILE RADIOS 04/04/11 0 033011 1,810.00 100.03.6270 1103 033011 GLJ1888 1810.00 033011 11030995 510 31 19157 REICHE'S PLUMBING SEWER 3/15/11 WATER METER INSTALLATION 04/04/11 0 033011 140.00 510.31.5110 1103 033011 GLJ1888 140.00 033011 11030996 100 45 19155 REINDERS INC 1331864 EQUIPMENT REPAIR PARTS 04/04/11 0 033011 68.70 100.45.5370 1103 033011 GLJ1888 68.70 033011 11030997 100 46 19281 RICCI, DONNA SUPPLIES REIMB 04/04/11 0 033011 12.21 100.46.6110 1103 033011 GLJ1888 12.21 033011 11030998 100 33 19531 ROC CONSTRUCTION SUPPLY 22832 SUPPLIES 04/04/11 0 033011 51.96 100.33.6110 1103 033011 GLJ1888 51.96 033011 11030999 100 46 19765 RUSHING, RHONDA F LANG- 3/23-KNIT PARKS PROGRAM INSTRUCTOR 04/04/11 0 033011 75.00 100.46.5110 1103 033011 GLJ1888 75.00 033011 11031000 510 32 19766 RUZICKA, RUSSELL SUPPLIES REIMB 04/04/11 0 033011 43.43 510.32.6110 1103 033011 GLJ1888 43.43 033011 11031001 100 41 1 SCHMITZ, TRICIA PARKS PROGRAM REFUND 04/04/11 0 033011 56.00 100.41.3636 1103 033011 GLJ1888 56.00 033011 11031002 740 00 20430 SEC GROUP INC 72953 OAKS AT IRISH PRAIRIE 04/04/11 0 033011 804.00 740.00.5220 1103 033011 GLJ1888 804.00 033011 11031003 100 01 20430 SEC GROUP INC 72954 MTFPD EXPANSION 04/04/11 0 033011 274.00 100.01.5110 1103 033011 GLJ1888 274.00 033011 11031004 100 22 20172 SEXTON, ERIC M UNIFORM CLEANING REIMB 04/04/11 0 033011 14.60 100.22.4510 1103 033011 GLJ1888 14.60 033011 11031005 100 01 20250 SHERMAN MECHANICAL INC S52603PLUMBING SERVICE WORK 04/04/11 0 033011 873.75 100.01.5110 1103 033011 GLJ1888 873.75 033011 DATE 3/30/2011 09:10 AM CITY OF MCHENRY PAGE 10 LIST OF BILLS COUNCIL MEETING 4/4/11 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 ----------------------------------------------------------------------------------------------------- 11031006 100 33 20257 SHERWIN INDUSTRIES INC SS040927 SUPPLIES 04/04/11 0 033011 44.05 100.33.6110 1103 033011 GLJ1888 44.05 033011 11031007 100 45 20568 SPECIALTIES DIRECT 1125201-INPARTITIONS 04/04/11 0 033011 290.00 100.45.6110 1103 033011 GLJ1888 290.00 033011 11031014 100 47 20733 ST PAULS EPISCOPAL CHURC APRIL 2011PARKS PROGRAM RENTAL SPACE 04/04/11 0 033011 254.40 100.47.5110 1103 033011 GLJ1888 254.40 033011 11031008 100 03 20710 STANS OFFICE TECHNOLOGIE 280649COPIER METER READING 04/04/11 0 033011 69.37 100.03.5110 1103 033011 GLJ1888 69.37 033011 11031009 100 XXXXX 20711 STAPLES ADVANTAGE 8018029360OFFICE SUPPLIES 04/04/11 0 033011 141.52 100.00.6210 1103 033011 GLJ1888 186.19CR 033011 100.01.6210 1103 033011 GLJ1888 49.41 033011 100.04.6210 1103 033011 GLJ1888 2.79 033011 100.22.6210 1103 033011 GLJ1888 75.53 033011 100.22.6210 1103 033011 GLJ1888 199.98 033011 11031010 510 32 20711 STAPLES ADVANTAGE 8018029360OFFICE SUPPLIES 04/04/11 0 033011 58.46 510.32.6210 1103 033011 GLJ1888 58.46 033011 11031011 100 22 20711 STAPLES ADVANTAGE 8018087456OFFICE SUPPLIES 04/04/11 0 033011 4.89 100.22.6210 1103 033011 GLJ1888 4.89 033011 11031012 100 XXXXX 20705 STAPLES CREDIT PLAN FEB/MARCH OFFICE SUPPLIES 04/04/11 0 033011 304.89 100.00.6210 1103 033011 GLJ1888 274.90 033011 100.01.6210 1103 033011 GLJ1888 29.99 033011 11031013 510 31 20705 STAPLES CREDIT PLAN FEB/MARCH OFFICE SUPPLIES 04/04/11 0 033011 274.98 510.31.6270 1103 033011 GLJ1888 79.99 033011 510.31.6210 1103 033011 GLJ1888 194.99 033011 11031015 100 XXXXX 20820 SWIFT CO INC, JOHN S 23616-11 PARKS SUMMER BROCHURE PRINT 04/04/11 0 033011 2,810.00 100.46.5330 1103 033011 GLJ1888 1405.00 033011 100.47.5330 1103 033011 GLJ1888 1405.00 033011 11031016 100 XXXXX 21262 THINK INK INC 20110430 T-SHIRTS 04/04/11 0 033011 186.73 100.47.6110 1103 033011 GLJ1888 135.80 033011 100.44.6110 1103 033011 GLJ1888 50.93 033011 11031017 100 33 21632 TRAFFIC CONTROL & PROTEC 68748 STREET SIGNS 04/04/11 0 033011 186.15 100.33.6110 1103 033011 GLJ1888 186.15 033011 11031018 100 33 21632 TRAFFIC CONTROL & PROTEC 68854 STREET SIGNS 04/04/11 0 033011 557.00 100.33.6110 1103 033011 GLJ1688 557.00 033011 11031019 100 33 21632 TRAFFIC CONTROL & PROTEC 68855 STREET SIGNS 04/04/11 0 033011 250.00 100.33.6110 1103 033011 GLJ1888 250.00 033011 ,DATE 3/30/2011 09:10 AM CITY OF MCHENRY PAGE 11 LIST OF BILLS COUNCIL MEETING 4/4/11 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 ---------------------------------------------------------------------------------------------------------------------------------- 11031020 100 33 21632 TRAFFIC CONTROL & PROTEC 177.15STREET SIGNS 04/04/11 0 033011 177.15 100.33.5110 1103 033011 GLJ1888 177.15 033011 11031021 100 33 21632 TRAFFIC CONTROL & PROTEC 68858 STREET SIGNS 04/04/11 0 033011 188.00 100.33.6110 1103 033011 GLJ1888 188.00 033011 11031022 100 33 21632 TRAFFIC CONTROL & PROTEC 68859 STREET SIGNS 04/04/11 0 033011 672.50 100.33.6110 1103 033011 GLJ1888 672.50 033011 11031023 100 33 21632 TRAFFIC CONTROL & PROTEC 68886 SUPPLIES 04/04/11 0 033011 219.53 100.33.6110 1103 033011 GLJ1888 219.53 033011 11031024 510 31 21649 TRIMBLE NAVIGATION LIMIT 10597398 GIS DATA SUBSCRIPTION 04/04/11 0 033011 1,200.00 510.31.5110 1103 033011 GLJ1888 1200.00 033011 11031025 100 XXXXX 22493 UNITED CANVAS & AWNING I 20535 FUNBRELLA REPAIRS 04/04/11 0 033011 1,306.00 100.45.6110 1103 033011 GLJ1888 406.00 033011 100.43.6110 1103 033011 GLJ1888 450.00 033011 100.42.6110 1103 033011 GLJ1888 450.00 033011 11031026 100 33 23003 VALENTINES REPAIR 28138 VEHICLE REPAIRS 04/04/11 0 033011 8.20 100.33.5370 1103 033011 GLJ1888 8.20 033011 11031027 100 33 23003 VALENTINES REPAIR 28120 SUPPLIES 04/04/11 0 033011 34.15 100.33.6110 1103 033011 GLJ1888 34.15 033011 11031028 100 33 23003 VALENTINES REPAIR 28079 CHAIN SAWS 04/04/11 0 033011 507.00 100.33.6270 1103 033011 GLJ1888 507.00 033011 11031029 100 46 23022 VAN GALDER BUS COMPANY 328418PKS FIELD TRIP TRANSPORTATION 04/04/11 0 033011 704.00 100.46.5110 1103 033011 GLJ1888 704.00 033011 11031030 510 32 23287 VIKING CHEMICAL COMPANY 213046CHEMICALS 04/04/11 0 033011 3,643.00 510.32.6110 1103 033011 GLJ1888 3643.00 033011 11031031 510 32 23287 VIKING CHEMICAL, COMPANY 212974BARREL DEPOSITS 04/04/11 0 033011 2,085.00- 510.32.6110 1103 033011 GLJ1888 2085.00CR 033011 11031032 100 XXXXX 24020 WALMART COMMUNITY FEB/MARCH SUPPLIES 04/04/11 0 033011 74.06 100.22.6210 1103 033011 GLJ1888 60.48 033011 100.47.6110 1103 033011 GLJ1888 13.58 033011 11031033 510 32 24028 WASTE MANAGEMENT OF WI P 2384027427SLUDGE DISPOSAL SERVICES 04/04/11 0 033011 12,513.86 510.32.5580 1103 033011 GLJ1888 12513.86 033011 11031034 510 31 24037 WATER PRODUCTS - AURORA 225113SUPPLIES 04/04/11 0 033011 422.18 510.31.6110 1103 033011 GLJ1888 422.18 033011 11031035 100 01 24550 WOODSTOCK, CITY OF 3/24/11 LEGAL FEES/ENERGY COOPERATI 04/04/11 0 033011 466.39 100.01.5230 1103 033011 GLJ1888 466.39 033011 DATE 3/30/2011 09:10 AM CITY OF MCHENRY PAGE 12 LIST OF BILLS COUNCIL MEETING 4/4/11 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 ------------------------------------------------------------------------------------------- 11031036 100 46 27010 ZAHN, DAN 3/17/11 PARKS PROGRAM INSTRUCTOR 04/04/11 0 033011 240.00 100.46.5110 1103 033011 GLJ1888 240.00 033011 EXPENDED LIQUID ACCRUAL GRAND TOTALS 185,074.44 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 64,686.12 510 WATER/SEWER FUND 78,796.00 580 UTILITY IMPROVEMENTS FUND 37,565.61 610 RISK MANAGEMENT FUND 40.00 620 INFORMATION TECHNOLOGY FUND 2,332.71 740 RETAINED PERSONNEL ESCROW 1,654.00 * * 185,074.44 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: April 4, 2011 Regular City Council Meeting RE: Wireless Alarm Monitoring System ATT: 1. Draft Wireless Ordinance 2. Bid Tabulation Sheet 3. Intergovernmental Agreement for Operation and Revenue Sharing with MTFPD 4. Finance and Personnel Committee Meeting Minutes 2/21/11 Background. Per an agreement with the City, Northshore Alarm owns and maintains the alarm monitoring board in the city dispatch center. The alarm monitoring board is approximately 30 years old, is nearing the end of its useful life, and is difficult to maintain. Businesses have the option of having their alarms monitored by the City(via Northshore) or a private alarm monitoring service. The building code requires approximately 200 commercial and industrial businesses located in the City of McHenry to have fire alarms. Currently, an estimated 130 alarms are monitored by the city dispatch center. Analysis. Moving to a wireless system provides several public safety benefits, including a reduced number of false alarms and improved response times for fire calls. With the current system, false alarms often can occur during power outages and power surges. These types of false alarms will be significantly reduced with a wireless system, which could reduce false alarms significantly. This frees up staff time of dispatchers and public safety personnel to respond to actual calls. Improved response times to fire alarm calls would occur since all businesses with fire alarm systems may be required to have them monitored by our dispatch center. When central alarm monitoring services accept an alarm, they must forward them to our dispatch center slowing emergency response. This process may take up to ten minutes from the time of the alarm to the arrival of an emergency responder, which is much longer that alarms monitored directly by our dispatch center. Area municipalities or districts that have implemented wireless systems have passed an ordinance requiring all alarms to be monitored by the government entity. A draft ordinance for the city is attached. In McHenry, this would result in all businesses currently using central alarm services being required to have their alarms monitored by the City. However, all users would benefit from fewer false alarms and better response times,with many seeing no increase in their monthly rates. Currently, the monthly phone line charge alone may be as high as $100 per month and monitoring could be as high as $40 per month if the business has a fire and burglar alarm. Staff has examined the potential fees for the wireless alarm system and feels that $90 per month will be an equitable amount that affords the best service to our existing as well as potential customers. As noted earlier, Northshore Alarm owns and maintains the current alarm board in the city dispatch center. Northshore charges customers $20 per month and pays the City $5 per month for each customer. Under this agreement, the City receives approximately $7,800 in revenue annually. Alarm board revenue has declined in recent years as businesses have moved to wireless central monitoring systems. Several local governments, including the Algonquin Lake in the Hills Fire District, the City of Crystal Lake and the City of Woodstock, have moved forward with plans to purchase wireless alarm systems. Installing a wireless system has an upfront cost for the purchase and installation of equipment, which includes the wireless alarm receiver (head end equipment) and radio equipment for each end user, and ongoing costs primarily for hardware, software, and radio maintenance. In October of 2009 the city of McHenry solicited bids for a wireless alarm monitoring system and subsequently received and opened those bids in November of 2009. Fox Valley Fire Safety was the low bidder on the project with a price of $263,260. A bid tabulation sheet is attached. Staff has spoken to a representative from Fox Valley and they have agreed to honor all price quotes through July 31, 2011. There is one key factor in the consideration of the proposal to install and maintain the wireless alarm system, the relationship between the city and the McHenry Township Fire Protection District (MTFPD). The MTFPD routinely performs the inspections of the businesses as it relates to the building code and fire safety. As a result, the District is positioned to assist with the installation, including education and contract implementation for the new system. In addition they would also perform ongoing maintenance on the system for issues that are outside the scope of the maintenance agreement. This includes inspection and installation of new batteries as required. Staff from the city and the MTFPD has reached an initial agreement on what this arrangement would look like. A proposed intergovernmental agreement outlining this agreement is attached. Based on estimates, subscriber revenue should recover the initial investment and operation costs in roughly three to four years and, thereafter, provide annual revenue of approximately $80,000. These numbers, including the initial payback, are largely dependent on the conversion of the business base located in the city from either private companies or current phone line service to the wireless alarm board. The revenue estimates also account for the 25% portion that would be remitted to the MTFPD after the initial three-year period. Committee Recommendation. The Finance and Personnel Committee recommends: (1) approval of the attached ordinance regulating wireless alarm monitoring systems in the city of McHenry (2) approval of the bid from Fox Valley Fire Safety for the Wireless Alarm Monitoring System (3) approval attached ordinance authorizing the execution of the intergovernmental agreement regarding the installation, operation and revenue sharing in regards to the wireless alarm monitoring system with the McHenry Township Fire Protection District. i Ordinance Number ORD-10- AN ORDINANCE AMENDING THE RULES GOVERNING FIRE ALARM SYSTEMS, 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 of McHenry, McHenry County, Illinois has adopted the International Building Code, 2006 Edition, by Ordinance MC-11-1027 as amended from time to time; and WHEREAS, the City of McHenry, McHenry County, Illinois has adopted the International Fire Code, 2006 Edition, by Ordinance MC-11-1027 as amended from time to time; and WHEREAS, the City of McHenry and the McHenry Township Fire Protection District ("District") have entered into an intergovernmental agreement that provides for the purchase, installation, maintenance and operation of a wireless alarm network that will benefit the constituents of both governmental entities; and WHEREAS,the costs incurred for the establishment of this wireless network will be recovered from the end users in the form of monthly user fees that will be, in most cases, less than the amounts currently paid for the City's alarm monitoring through the existing"hard-wired" alarm system; and WHEREAS, although the installation of a new wireless alarm network is expected to reduce the number of false alarms that will need to be responded to in future years, proper maintenance of the end users' fire alarm and security alarm systems is also important to minimize the unnecessary waste of valuable community resources, requiring the need for the submittal of annual inspection reports to the City to insure proper alarm operation in case of an emergency. NOW, THEREFORE, BE IT ORDAINED by the City Council of the CITY OF MCHENRY, McHenry, County, Illinois as follows: SECTION 1: That Chapter 18, Article VI, Police/Fire Alarm Systems of the McHenry Municipal Code be and is hereby amended as follows: See. 18-91 Police/Fire Alarms, Generally. 1. Fire alarm systems shall be designed and installed in accordance with the provisions of the International Building Code (IBC)/2006 Edition as adopted by Wireless Alarm Network Ordinance Page 1 of 7 the City and amended from time to time, International Fire Code (IFC)/2006 Edition as adopted by the City and amended from time to time, and this Ordinance. Devices, appliances and equipment shall be listed and approved for the purpose for which they are installed. Automatic fire detection shall be by smoke detectors, except that an approved alternative type of detector shall be installed where a smoke detector is inappropriate. 2. An approved fire alarm and detection system shall be provided within the City of McHenry(City)where required by the IBC/IFC. 3. Single and multiple station smoke detection shall be provided in accordance with the IFC, as amended from time to time. 4. Where a fire alarm system control unit is provided for the required supervision of fire protection system as indicated in the IBC or IFC as adopted and amended from time to time, alarm, supervisory(where applicable) and trouble signals shall be transmitted to the remote supervising station at the City of McHenry Police Department ("Police Department") in accordance with the IBC or IFC. The method of connection to the remote supervising station shall be in accordance with Section 18-92 of this Ordinance. 5. All existing required fire alarm and security systems connected to the City's remote station by phone line as of May 1, 2011, shall convert to the City's Network on or before December 1, 2011. 6. All existing required fire alarm and security systems not connected to the City's remote station by phone line as of May 1, 2011 shall convert to the City's Network in accordance with Section 18-92 of this Ordinance on or before May 1, 2016. 7. Where a non-required fire alarm system is directly connected to the City's remote station the method of connection shall be in accordance with Section 18-92 of this Ordinance. Sec. 18-92 Wireless Alarm Network. 1. Connection. The method of connecting directly to the remote supervising station shall be by the City of McHenry's Wireless Alarm Network ("Network"), or other alternate connection means as approved by the Director of Construction and Neighborhood Services. All fire alarm system control panels connected to a Network radio transceiver shall be provided with at least one reverse polarity output except that fire alarm control panels monitoring supervisory signals (tamper switches, fire pump conditions, etc.) shall be provided with two reverse polarity outputs. All fire alarm control panels shall be UL listed for remote station signaling of Manual, Automatic, Waterflow (where applicable) and Supervisory (where applicable) signals by the reverse polarity method. Other Wireless Alarm Network Ordinance Page 2 of 7 listed and supervised methods of connection between the fire alarm control unit and the radio transceiver shall be permitted. A minimum 12V filtered DC signal shall be provided from the fire alarm control unit to the radio transceiver. 2. Primary Power Required. The fire alarm contractor shall provide a 1900 box directly above and within three feet of the fire alarm control unit. The 1900 box shall house the A/C primary power source for the fire alarm control panel. Sufficient additional wire shall be left in the 1900 box to allow for the City's radio vendor to splice into the A/C conductors to obtain power for the radio. When the 1900 box, and A/C primary power source is not provided, other wiring methods may be permitted by the City. 3. Application Process. All connections to the Network shall be preceded by an application process. The City shall provide to owners, agents or occupants of buildings within the City, requiring or requesting connection to the City's Network, appropriate forms and contracts which shall be completed and returned to the City prior to the approval of such a connection. 4. Fire System Monitoring Fees. Fees for the monthly monitoring of signals shall be as follows: A. Fire, supervisory, trouble signals from fire alarm control units: $80 per month. B. The monthly fees for City buildings will be waived. C. Connections made to the Network on the I"through the 151' of the month will be charged the applicable full monthly monitoring fee for the first month of service. Connections made on the 16'b through the last day of the month will be charged %2 of the applicable monthly fee for the first month. D. Invoices will be mailed monthly and are required to be paid within thirty days. All fees shall be paid to the City of McHenry. A late payment penalty of ten percent (10%) will be assessed to any delinquent invoices. The Wireless Alarm Board may deny alarm monitoring service if a customer falls more than sixty days delinquent on any outstanding invoice. If the Wireless Alarm Board decides to temporarily suspend the fire alarm monitoring to a given building, specifically in cases where this monitoring is required by the IFC or IBC, this action may result in the City revoking the building's certificate of occupancy until the condition has been corrected. Wireless Alarm Network Ordinance Page 3 of 7 Sec. 18-93 Fire Systems Registration and Fees. 1. This section shall apply to all fire alarm systems connected to the City's Network. Each fire alarm and security system within the City shall be registered if connected to the City's Network. Registration of the fire alarm system is intended to provide the City with current information related to the fire alarm system including, but not limited to, its owner, the responsible party, night/after hour call information, fire alarm system maintenance contractor, and the results of the required annual fire alarm inspection. Each fire alarm and security system owner shall complete a registration form provided by the City at the time of initial connection to the Network, and annually when the connection to the Network is renewed. 2. All fees charged for the registration of radios as determined by Council shall be paid to the City of McHenry. 3. Annual registration fees for City buildings will be waived. Sec. 18-94 Initial Connection Fees. A one-time connection fee as determined by Council shall be charged for all new fire alarm systems connected to the Network. This fee shall be collected by the City prior to the initial connection to the Network. Connection fees for City buildings shall be waived. Sec. 18-95 Renewal of Monitoring and Registration Fees. Subscribers to the Network will be invoiced by the City quarterly for monitoring services. Annually, the cost for the renewal registration fee will be invoiced. All annual monitoring and registration fees shall be paid prior to the start of the new annual renewal period. All fees shall be paid to the City of McHenry. A late-payment penalty of ten percent(10%)will be applied to all invoices that are delinquent. Sec. 18-96 Network Equipment. 1. The City is the owner of all equipment associated with the Network. Subscribers to the Network will be provided with a radio transceiver that replaces the traditional phone circuit for connection to the remote supervising station. The subscriber, through the quarterly monitoring fee, is leasing the radio transceiver from the City. 2. The installation, annual and necessary maintenance, testing, and repair of the radio transceiver at the subscriber's premise will be completed solely by a fire alarm company chosen by the City. The City will contract with a single vendor to provide this service. Subscribers to the Network will be advised of the City's Wireless Alarm Network Ordinance Page 4 of 7 vendor identity. Subscriber's shall allow the City's vendor access to the radio transceiver during normal business hours for all required or necessary installation, annual maintenance, testing, and repair. 3. The City will install the necessary radio transceiver at the subscriber's location at no cost to the subscriber, other than those indicated in Sections 18-92 through 18- 95 of this Ordinance, when a standard installation can be accomplished by the City's vendor. The Wireless Alarm Board is responsible for determining the components that must be provided within a standard installation. When the City's vendor cannot perform a standard installation, and an antenna other than the one provided on the radio must be used to permit Network connectivity, the subscriber will be invoiced a non-standard installation fee by the City in accordance with a fee schedule agreed to with the City's vendor. Fees for non-standard installations shall be paid to the City within thirty days of installation. 4. All fire alarm systems shall be subject to inspection, testing and maintenance. Inspection, testing and maintenance shall be documented. Documented annual test results shall be provided to the City as part of the annual registration renewal. While the City will repair and maintain its Network equipment, including the radio transceiver at the subscriber's location, it is the responsibility of owner of the fire alarm system within the premise to provide the required inspection, testing and maintenance at their own expense. Sec. 18-97 Automatic dialer alarms. Automatic dialer alarms that dial directly into the Police Department are not allowed to be used within the corporate limits of the City, with the exception of those used by the City and those authorized by the Chief of Police or his/her designee based upon special facts involving medical and/or life threatening circumstances. See. 18-98 Audible Security Alarms. Any security alarm that emits an audible alarm is required to have a cut-off timer that will shut the alarm off automatically after thirty minutes. See. 18-99 Limitation on city liability. The City shall take reasonable precautions to assure that the alarm signals and alarm activations received by the City either directly or indirectly are given appropriate attention and are acted upon by the McHenry Police Dispatch Center. Nevertheless, the City shall not be liable for: 1. Any defects in the operation of an automatic signaling device; 2. Any failure or neglect to respond appropriately upon receipt of an alarm from any source; Wireless Alarm Network Ordinance Page 5 of 7 3. For failure or neglect of any person in connection with the installation and operation of equipment, the transmission of alarm signals and/or prerecorded alarm messages or the relaying of such signals and messages. In the event the City finds it necessary to disconnect a defective alarm detection system, the City shall incur no liability for such action. Sec. 18-100. False alarms prohibited. It shall be unlawful for any person to knowingly activate an alarm system for the purpose of summoning the police if such person knows or suspects that there is no actual or prospective emergency. Sec. 18-101. Charges for false alarms. When six or more false alarms are received from any subscriber's premises during any calendar year by the alarm monitoring and control system, a service charge of$25 for the seventh false alarm and $25 for each and every false alarm thereafter shall be assessed and billed to the subscriber. Sec. 18-102. Penalties. Any person who violates or neglects to comply with any provision of this Chapter 18 or any regulation promulgated pursuant thereto, shall, upon conviction thereof, be punishable by a fine of not less than $50.00 nor more than $750.00. A separate offense shall be deemed committed on each day during or on which such violation occurs or continues. Wireless Alarm Network Ordinance Page 6 of 7 SECTION 2: That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3: 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 judgement shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 4: That this Ordinance shall be in fall force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and approved this day of 12011. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: Mayor (SEAL) ATTEST: City Clerk Wireless Alarm Network Ordinance Page 7 of 7 Wireless Alarm Monitoring System Totals Labor for per Radio Radio Total x 200 Governmental Estimated total w/o Vendor Head End Total Radio Total users Sites x20 monthly charges Installation SMG Security Systems Inc. $54,810.00 $325.00 $825.00 $230,000.00 $21,000.00 $305,810.00 Fox Valley Fire&Safety Company $53,320.00 $195.00 $777.00 $194,400.00 $15,540.00 $263,260.00 ADT Securities Services Inc. $55,791.00 $358.00 $718.00 $215,200.00 $21,520.00 $292,511.00 Chicago Metropolitan Fire Prevention Company $99,261.00 $215.00 $918.00 $226,600.00 $22,660.00 $348,521.00 Inner Security Systems Inc. $119,421.00 $1,507.00 $301,400.00 $30,140.00 $450,961.00 Ordinance No. ORD-11- An Ordinance Authorizing the Execution of an Intergovernmental Agreement between the City of McHenry and McHenry Township Fire Protection District for Wireless Alarm Program WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, as follows: SECTION 1: The Mayor and City Council of the City of McHenry find that an Intergovernmental Agreement to provide for the joint purchase, installation, maintenance and implementation of a Wireless Alarm Program in the City of McHenry is in the best interest in the residents of the City of McHenry. SECTION 2: The Mayor is hereby authorized to execute an Intergovernmental Agreement between the City of McHenry and McHenry Township Fire protection District, hereby attached as Exhibit A, for the purpose of the joint purchase, installation, maintenance and implementation of a Wireless Alarm Program. PASSED and APPROVED this day of , 2011. Voting Aye: Voting Nay: Not Voting: Abstained: Absent: Mayor ATTEST: City Clerk INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION OF A WIRELESS ALARM PROGRAM This Intergovernmental Agreement ("Agreement") is entered into between the City of McHenry, McHenry County, Illinois ("City"), a home rule Illinois municipal corporation, and the McHenry Township Fire Protection District ("District") an Illinois fire protection district, (collectively, "Governmental Entities"). WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and, WHEREAS, 5 ILCS 220/1 et seq., entitled the "Intergovernmental Cooperation Act," (the "Act"), provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; and, WHEREAS, 5 ILCS 220/5, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party of the contract; and, WHEREAS, the City is a municipal government corporation duly incorporated under the laws of the State of Illinois and, as such, may enter into an intergovernmental agreement; and WHEREAS, pursuant to 70 ILCS 705/0.01 et seq., the District is a fire protection district duly incorporated under the laws of the State of Illinois; and WHEREAS, under the provision of 70 ILCS 705/6 et seq., the board of trustees of the District has the express power to enter into such an agreement; and WHEREAS, the Governmental Entities hereto have determined that it is in both of their best interests to enter into this Agreement to secure to each the benefits of operating an intergovernmental wireless fire/burglar alarm system; and WHEREAS, the Governmental Entities have agreed that there may be economies of scale and value in jointly purchasing and maintaining a wireless fire/burglar alarm system ("Alarm Equipment"); and WHEREAS, this Agreement is for the purpose of purchasing, installing and operating the Alarm Equipment that will benefit the constituents of both Governmental Entities. The Alarm Equipment includes equipment both at the hub or head end of the system as well as equipment that will be located on-site with each subscriber to the alarm service (the "Subscriber Equipment"). WHEREAS, this Agreement satisfies the requirements of the Act and the Illinois State Constitution(Article 7, Section 10). NOW, THEREFORE, BE IT ORDAINED that the Governmental Entities agree as follows: City's Obligations: l. To contract to purchase, install and operate the Alarm Equipment in the City's Police Department and the Subscriber's Equipment, at an initial cost of approximately$263,000. 2. To retain sole ownership of the Alarm Equipment and Subscriber Equipment. 3. To maintain adequate insurance coverage to allow for the replacement of any and all Alarm Equipment and Subscriber Equipment, if damaged, as a result of a natural disaster, fire or other normal insurance-reimbursable event. The City may elect to self-insure the Alarm Equipment and Subscriber Equipment if it determines that this is the most cost-effective means for acquiring coverage. The City shall name the District as an additional insured. 4. To be responsible for the day-to-day monitoring of the Alarm Equipment and Subscriber Equipment installed at the City Police Department and coordinating maintenance/service requests for that Alarm Equipment and Subscriber Equipment with the selected vendor. 5. To contract with and invoice the subscribers of the Alarm Equipment and Subscriber Equipment, as well as collect the associated payments. 6. To pay to the District for performance of its obligations hereunder 20% of the subscriber revenue received within the City for the first three (3) years of this Agreement. Thereafter, the City shall increase this compensation to 25% for the remainder of the term of this Agreement. 7. To provide an annual accounting to the District of revenue and expenses of the operation of the Alarm Equipment and Subscriber Equipment. 8. To be responsible for paying the individual vendor(s) associated with this Alarm Equipment and Subscriber Equipment and shall determine individual subscriber charges for the use of this service. District's Obligations: 1. To evaluate and monitor Subscriber Equipment installed at each individual customer location through the District's normal course of Fire Inspection. The District shall 2 arrange and/or coordinate any maintenance, service or repairs of the Subscriber Equipment with the City approved contractor at the City's cost. 2. To contact each of the existing alarm customers serviced by the City and provide promotional materials required contracts and pricing information and conduct a series of public meetings to inform all interested customers of the details concerning the wireless system, which is the subject of this Agreement. 3. To monitor the installation of the Subscriber Equipment and coordinate with the City selected vendor and the customers to facilitate the actual installation. Information concerning each Subscriber Equipment installation will be provided to the City to establish the appropriate billing information. 4. The District shall pay the City for performance of its obligations hereunder 20% of the subscriber revenue received by the District outside the City for the first three (3) years of this Agreement. Thereafter, the District shall increase this compensation to 25% for the remainder of the term of this Agreement. Term of Agreement 1. The Governmental Entities agree to be bound by this Intergovernmental Agreement for a five (5) year period from the date of this Agreement; however, either Governmental Entity may terminate this Agreement upon one (1) year's written notice to the other. CITY OF McHENRY: Mayor Date: McHENRY TOWNSHIP FIRE PROTECTION DISTRICT President Date: ZAM\McHenryCityof\1ntergAgmtA1 arm.McHTownFire.doc 3 FINANCE AND PERSONNEL COMMITTEE MEETING Monday, February 21, 2011 Alderman Conference Room, 6:30 p.m. In Attendance: Committee Members: Chairman Alderman Schaefer, Alderman Blake and Alderman Wimmer. Absent: None. Also in Attendance: Alderman Santi, City Administrator Black, Assistant City Administrator Hobson, Chief of Police Jones and City Clerk Jones. Alderman Peterson arrived at 6:40 p.m. Mayor Low arrived at 6:45 p.m. Also in Attendance: Chief Huemann, McHenry Township Fire Protection District Asst. Chief Majercik, McHenry Township Fire Protection District Phil Bartmann, Trustee, McHenry Township Fire Protection District Chairman Alderman Schaefer called the meeting to order at 6:30 p.m. Discussion Regarding Wireless Alarm Monitoring System Assistant Administrator Hobson informed the Committee that the system currently in use is antiquated. It is approximately 30 years old and difficult to maintain. Norshore Alarm currently owns and maintains the alarm monitoring system in the City's dispatch center. Businesses in the City currently have the option of having their alarms monitored by the City (via Norshore), which utilizes a telephone land line, or using a private alarm monitoring service. Assistant Administrator Hobson noted that the building code requires approximately 200 commercial and industrial businesses, located in the City, to have fire alarms. Of those 200, an estimated 130 alarms are monitored by the City dispatch center. Assistant Administrator Hobson stated that moving to a wireless system provides several public safety benefits including a reduced number of false alarms and improved response times for fire calls. He noted that with the current system false alarms frequently occur during power outages and power surges. The use of a wireless system would significantly reduce false alarms allowing staff, dispatchers and public safety personnel to respond to actual calls. Improved response times to fire alarm calls would occur since all businesses with fire alarm systems would eventually be required to have them monitored by the City dispatch center. Fire Chief Huemann noted that improved response times to fire alarm calls would occur because currently when the central alarm accepts an alarm, they must forward them to the dispatch center, slowing emergency response. The current process may take up to ten Finance and Personnel Committee Meeting February 21, 2011 Page 2 minutes from the time of the alarm to the arrival of an emergency responder, which is much longer than alarms monitored directly by the dispatch center. Police Chief Jones stated that currently it is necessary to address all alarms, including false alarms, during bad weather. Frequently, bad weather will trigger numerous false alarms. Alderman Peterson arrived at 6:40 p.m. It is the consensus that from a safety factor wireless technology is more efficient. Responding to an inquiry from Alderman Schaefer, Assistant Administrator Hobson stated that the system has a built-in redundancy. If one of the alarms happens to not be functioning, with the wireless alarm system, it automatically sets off another alarm. Responding to an inquiry regarding how the system would be funded, City Administrator Black stated that if the City moves forward with the project a new fund separate from the General Fund would be established. Mayor Low arrived at 6:45 p.m. Assistant Administrator Hobson informed the Committee that the City would not be charged the installation fee of$195.00 per install for the first six months that the City has the system. Only the monthly fee would be charged. After six months any installation would cost $195.00. Assistant Administrator Hobson informed the Committee that area municipalities that have implemented wireless systems have passed an ordinance requiring all alarms to be monitored by the governmental entity. In the City of McHenry, this would result in all businesses currently using central alarm service being required to have their alarms monitored by the City within a specified period of time. Currently the monthly phone line charge may be as high as $100 per month and monitoring cost as high as $40 per month, if the business has both a fire and a burglar alarm. Staff has examined the potential fees for the wireless alarm system and feels that $90 per month will be an equitable amount, which affords the best service to existing as well as potential customers. Assistant Administrator Hobson noted that all users would benefit from fewer false alarms and better response time, with many seeing no increase or perhaps even a decrease in the rate they are currently paying. Finance and Personnel Committee Meeting February 21, 2011 Page 3 Installing a wireless system has an upfront cost for the purchase and installation of equipment, which includes the wireless alarm receiver (head end equipment) and radio equipment for each end user and outgoing costs primarily for hardware, software and radio maintenance. In October of 2009, the City of McHenry solicited bids for a wireless alarm monitoring system. The bids were received and opened in November 2009. Fox Valley Fire Safety was the low bidder on the project with a price of $263,260. Staff recently spoke with a representative from Fox Valley Fire Safety and they are willing to honor all original price quotes through July 31, 2011. Assistant Administrator Hobson noted a key factor in the consideration of the proposal to install and maintain the wireless alarm system is the relationship between the City of McHenry and the McHenry Township Fire Protection District ("MTFPD"). The MTFPD routinely performs the inspections of City businesses as it relates to the building code and fire safety. As a result, the MTFPD is positioned to assist with the installation, including education and contract implementation for the new system. In addition, the MTFPD would also perform ongoing maintenance on the system for issues that are outside the scope of the maintenance agreement. This includes inspection and installation of new batteries as required. City Staff and the MTFPD have reached an initial agreement regarding what the arrangement would entail which includes the following stipulations: 1. Provide a 5-year contract; 2. The City will pay the MTFPD 20% of the monthly income for the first 3-years. The City will pay the MTFPD 25% for the remainder of the contract; 3. The contract may be extended on a year-to-year basis after the initial 5-year period; 4. The MTFPD will make the initial contact with the businesses after the City enacts an ordinance and notifies all affected businesses in the City through a mailing; 5. The MTFPD will coordinate the installation of the wireless devices with the businesses and the contractor; 6. The MTFPD will coordinate ongoing maintenance of the system between the contractor and the business. Any cost for the maintenance shall be bourn by the City or the business; 7. Wireless alarms will be checked and tested by the MTFPD inspectors during their routine inspection of businesses. When required, they will replace the batteries which would be provided by the City and billed to the business. 8. The MTFPD will have full authority to solicit and provide the above services to businesses outside of the City of McHenry and within the District for a fee with full access to the head end and equipment owned by the City and the alarms being answered by the dispatch center. Finance and Personnel Committee Meeting February 21, 2011 Page 4 Assistant Administrator Hobson stated that based on estimates, subscriber revenue may recover the initial investment and operation costs in approximately three to four years and, thereafter, the system would provide annual revenue of approximately $100,000. These figures, including the initial payback, are based upon signing up the estimated 200 users currently on the City's alarm board and also account for the portion remitted to the MTFPD. Currently, Norshore Alarm charges customers $20 per month and pays to the City $5 per month for each customer. Under the current agreement with Norshore, the City receives approximately $7,800 in revenue annually. He noted that as some businesses have moved in recent years to the wireless central monitoring systems, alarm board revenue/monitoring has declined. Fire Chief Huemann reiterated that all the equipment would be owned by the City of McHenry and that the MTFPD would maintain service. Responding to an inquiry from the Committee, Chief Huemann opined a normal battery life is approximately 5 years. Staff is recommending approval of the bid received from Fox Valley Fire Safety for the wireless alarm monitoring system, to include the eight stipulations noted and to direct Staff to prepare an ordinance requiring all alarms to be monitored by the governmental entity. Motion by Wimmer, seconded by Blake to approve the preparation for Council consideration a contract with Fox Valley Fire Safety for a wireless alarm monitoring system and with the McHenry Township Fire Protection District ("MTFPD") for installation, operation and revenue sharing, which includes the following eight stipulations: 1. Provide a 5-year contract; 2. The City will pay the MTFPD 20% of the monthly income for the first 3-years. The City will pay the MTFPD 25% for the remainder of the contract; 3. The contract may be extended on a year-to-year basis after the initial 5-year period; 4. The MTFPD will make the initial contact with the businesses after the City enacts an ordinance and notifies all affected businesses in the City through a mailing; 5. The MTFPD will coordinate the installation of the wireless devices with the businesses and the contractor; 6. The MTFPD will coordinate ongoing maintenance of the system between the contractor and the business. Any cost for the maintenance shall be bourn by the City or the business; 7. Wireless alarms will be checked and tested by the MTFPD inspectors during their routine inspection of businesses. When Finance and Personnel Committee Meeting February 21, 2011 Page 5 required, they will replace the batteries which would be provided by the City and billed to the business. 8. The MTFPD will have full authority to solicit and provide the above services to businesses outside of the City of McHenry and within the District for a fee with full access to the head end and equipment owned by the City and the alarms being answered by the dispatch center. Aye: Blake, Schaefer, Wimmer. Nay: None. Absent: None. Motion carried. Motion by Blake, seconded by Wimmer, to direct Staff to prepare an ordinance for consideration by the Council requiring all alarms to be monitored by the City of McHenry. Aye: Blake, Schaefer, Wimmer. Nay: None. Absent: None. Motion carried. New Business No new business was discussed. Adjournment Motion by Wimmer, seconded by Blake, to adjourn the meeting at 6:57 p.m. Aye: Blake, Schaefer, Wimmer. Nay: None. Absent: None. Motion carried. Respectfully submitted, Jeffrey A. Schaefer, Chairman r AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: April 4, 2011 Regular City Council Meeting RE: Conditional Use Permit and Variances for the property located at 4302 W Elm Street Background. Chase Bank is proposing to demolish their existing drive-thru facility in the McHenry Market Place Shopping Center, vacate the existing in-line space, and construct a new 4,241 square foot full-service banking facility with accompanying drive-thru lanes. To accomplish this, the following action must be approved: • Conditional Use Permit to allow a drive-thru in conjunction with a full-service banking facility; • Variance from the stacking requirements for a drive-thru facility from five spaces to four; • Variance to allow an additional principal building on one zoning lot; and • Variance from the off-street parking requirements. At one time, McHenry Market Place was owned by two different companies but is now controlled by one owner. The original building portion of the shopping center was constructed over 40 years. ago and since that time, the current zoning ordinance was adopted by the City Council in 1986 and parking regulations have changed and evolved over the life of the center. Staff Analysis. Staff reviewed the drive-thru design using the drive-in establishment guidelines established by the Community Development Committee in concurrence with the City Council and believes all the recommendations have been adequately addressed. In addition, the design and layout of the site supports the location and design of the drive-thru facility, minimizing potential conflicts between vehicle traffic. A variance to allow an additional building is required because the bank is on the same zoning lot as the main shopping center, similar to the existing building. Staff has no concerns with this request. Chase Bank will be leasing the proposed space at the McHenry Market Place Shopping Center. As the shopping center sits today, a total of 610 parking spaces would be required by ordinance however 453 parking spaces actually exist. If these requests are approved and a new bank building is constructed, approximately 32 parking spaces will be lost,,bringing the total number of spaces to 421. Base parking requirements for a shopping center of this size is four parking spaces/1,000 square feet of building floor area. Also, the three restaurants in the center require 165 parking spaces. Chase hired a professional traffic engineering consultant to conduct a parking analysis for the entire site and found that the center has more parking than is actually used on different days and times mainly because it has several different types of businesses whose peak hours vary. Additionally, to further address the parking shortfall the property owner has agreed to close the easternmost access onto West Elm Street, which will benefit and enhance traffic safety due to the proximity of the entrance to the West Elm Street/Oak Drive intersection. Financial institutions are a permitted use in the C-3 zoning district and this property provides a decent opportunity for Chase Bank to construct a freestanding building. Additionally, all Chase operations will be condensed into one building and another ancillary benefit is an additional 4,000 square feet of prime vacant retail space when Chase moves into their new building. Planning and Zoning Commission. The members of the Planning and Zoning Commission suggested the applicant install sidewalks along the eastern property line of the site from Elm Street north to the Oak Drive entry into the shopping center. The applicant agreed to look into this as well as the possibility of a walkway through the proposed green space at the southeast corner of the site to the bank facility. The Planning and Zoning Commission also wanted the applicant to consider moving the proposed building two to three feet to the west to allow for the installation of sidewalks along Oak Drive but this would result in the loss of even more parking. The applicant's architect investigated these possibilities. Due to the pre-existing conditions constructing a sidewalk along the east side of Oak Drive would be very difficult due to the space constraints. Staff did also look at this issue on-site. Currently, there is very little room to do anything because of the proximity of the right-of-way to the parking lot in the shopping center. The architect also concluded a pathway could not be constructed through the green space area at the southeast corner of the site without installing a handrail to meet the accessibility requirements. Recommendation. Staff concurs with the Planning and Zoning Commission's recommendation of the following: • Conditional use permit to allow the construction and operation of a financial institution with a drive-in facility; • Variance to allow a reduction from the number of stacking spaces from five to four/lane; • Variance to allow a reduction from the number of required off-street parking spaces; • Variance to allow more than one principal building on a zoning lot; With the following conditions: design of the site shall be in substantial conformance with the plans submitted by Woolpert Engineering dated February 2011, and Nudell Architects dated February 22, 2011; and, the easternmost access point from Elm Street to the shopping center shall be closed and fully restored. Location Map: 4302 W Elm Street Subject Property T eXn ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIANCES FOR THE PROPERTY LOCATED AT 4302 W ELM STREET,IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by J P Morgan Chase Bank requesting a Conditional Use Permit for a drive-thru facility and Variances for parking, stacking spaces for a drive-in facility and to allow an additional principal building on a zoning lot for the property located at 4302 W Elm Street and legally described on Exhibit"A" attached hereto and incorporated herein,the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on March 17, 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 Variances; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit and Variances is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY is hereby granted a Conditional Use Permit to allow a drive-thru facility. SECTION 2: That the SUBJECT PROEPRTY is hereby granted Variances from the parking requirements and drive-in stacking space requirements and a Variance to allow an additional principal building on a zoning lot with the following conditions: Design of the site shall be in substantial conformance with the plans submitted by Woolpert Engineering dated February 2011 and Nudell Architects dated February 22, 2011 attached hereto and incorporated herein as Exhibit"B"; and The easternmost access point from Elm Street into the shopping center shall be closed and fully restored in accordance with Illinois Department of Transportations standards. SECTION 3: 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 4: In granting said Variances, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: l. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2011 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2011 MAYOR ATTEST: CITY CLERK Exhibit B Site Plan, Building Elevations and Landscape Plan On File with the City Clerk City of McHenry Planning and Zoning Commission Minutes March 17, 2011 Chairman Schepler called the March 17, 2011 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Buhrman, Nadeau, Schepler, and Thacker. Absent: Doherty, Ekstrom, Morck. Also in attendance were: Deputy Administrator Martin and Deputy Clerk Kunzer. Approval of Minutes Motion by Nadeau, seconded by Buhrman, to approve the minutes of the Planning and Zoning Commission Meeting as presented: March 3,2011 regularly scheduled meeting. Voting Aye: Buhrman, Nadeau,Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Ekstrom, Morck. Motion carried 4-0. Public Hearing: Massouras 909 N Front Street Conditional Use Permit Chairman Schepler called the Public Hearing to order at 7:31 regarding a case filed by John J Massouras for the property located at 909 North Front Street in which the applicant was seeking a recommendation to grant a conditional use permit to allow the outside display of motor vehicles, motor vehicle repair, motor vehicle body shop and outside storage on the premises. Chairman Schepler noted the applicant has requested dismissal of the case. Chairman Schepler closed the Public Hearing regarding this matter at 7:32 p.m. Public Hearing:J P Morgan Chase Bank 4302 West Elm Street Conditional Use Permit and Variances Chairman Schepler called the Public Hearing to order at 7:33 p.m. regarding File No Z-765 an application for the following as submitted by J P Morgan Chase Bank for the property located at 4302 West Elm Street: 1. Conditional Use Permit to allow the construction and operation of a financial institution with a drive-up facility; 2. Variance to allow a reduction from the number of stacking spaces for a drive-up facility from the required 5 to 4 spaces per window; 3. Variance to allow a reduction from the number of required off-street parking spaces; 4. Variance to allow more than one principal building on a zoning lot. Planning and Zoning Commission March 17,2011 Page 2 Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on February 26, 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 representing the applicant were: 1. Jason Golub,architect; 2. Michael Metzger;Chase Bank; 3. William Woodward,traffic engineer. Mr. Metzger provided a summary of the request before the Commission at this Hearing. He noted Chase Bank is relocating on the subject property by consolidating its two facilities: full service bank in the shopping center strip mall and stand-alone drive-up facility south of the shopping center. He stated the bank would then provide more cohesive services to its clientele. The bank would like to commence with the project as soon as approved by the City. Mr. Golub stated provided architectural renderings of the project and noted the green space on the southeastern corner of the property would be enlarged and additional landscape would be provided. The bank intends to close and restore the easternmost Elm Street access to the site. Mr. Golub stated the new facility would include four drive-up lanes. Deputy Administrator Martin provided the Commission with the Staff Report regarding this matter. He stated the applicant is seeking a conditional use permit to allow the construction and operation of a financial institution with a drive-up facility. The bank currently has a drive-up facility on the premises which would be demolished and replaced with the new full-service facility.The applicant is also seeking three variances: 1. To allow a reduction from the required 5 to 4 stacking spaces per drive-up lane; 2. To allow a reduction in the required parking spaces for the site; and 3. To allow an additional principal building on a zoning lot. Deputy Administrator Martin noted the applicant has been working with Staff for quite some time regarding parking and internal traffic flow issues and concerns.The applicant's planned construction of a barrier parking island will enhance the traffic flow onsite. Deputy Administrator Martin stated the City's approved Design Guidelines for drive-up facilities has been included for reference in the commissioner's packets. The guidelines are utilized in the review of requested drive-up facilities. Typically, all of the guidelines are not applicable to every proposed drive-up facility. He noted the only current issue Staff has regarding the plans for the property is the turn radius. Deputy Administrator Martin stated the proposed 16 stacking spaces for the drive-up facility would be adequate. Deputy Administrator Martin stated the variance for multiple buildings is due to the fact that the property has not been subdivided and no typical outlots exist on the premises. The construction of the second building on the site is per the arrangement of the shopping center owner and the applicant. With regard to the proposed request for reduction from the required parking for the shopping center, Deputy Administrator Martin acknowledged the center was constructed more than 50 years ago. Many changes have occurred regarding zoning standards, including the number of spaces required for restaurants. He opined it would be unfair to require the applicant and/or the property owner to meet Planning and Zoning Commission e March 17,2011 Page 3 current parking standards. The shopping center if constructed today would be required to have 610 parking spaces. Actual number of spaces on the premises is 453 including the 32 spaces designated for the proposed bank facility.The restaurants by today's standards require 165 spaces leaving a balance of 265 for the remaining tenants of the shopping center. Deputy Administrator Martin stated Chase hired a traffic engineer to do a parking analysis of the site. The results of the study have determined the shopping center has adequate parking for its current uses. Deputy Administrator Martin stated the shopping center has a diversity of uses. He opined the customers utilizing the restaurants would not park close to the proposed banking facility. Deputy Administrator Martin further noted Staff requested the closure of the easternmost access onto Elm Street. The applicant has agreed to this request and intends to restore and landscape the access point as recommended by Staff.The zoning of the shopping center is C3 Community Commercial District which allows financial institutions. As the consolidation of the two onsite facilities will free up 4,000 square feet of inline space, a prime location on the easternmost location in the center, Staff supports the request and recommends approval subject to the following conditions: 1. Design of the site shall be in substantial conformance to the plans submitted by Woolpert Engineering dated February 2011 and Nudell Architects dated 2/22/2011; and 2. The easternmost access point from Elm Street to the shopping center shall be closed and fully restored. Chairman Schepler invited questions and/or comments from the Commission. In response to an inquiry, Mr. Metzger stated there would be both walkup and drive-up ATM facilities. The last drive-up lane would lead to the ATM. Question was raised regarding the proposed four wall signs on the structure in addition to a proposed monument sign on the site. Deputy Administrator Martin stated the applicant's request for sign variances would be addressed when the request for zoning relief is brought before Council. Staff would likely recommend that three wall signs be allowed (no sign on the north building fagade). In addition Staff would recommend the approval of the monument sign and directional signs to assist in onsite traffic flow. Further questions were raised regarding the necessity for a monument sign in addition to the proposed wall signs. Mr. Metzger responded the monument sign is necessary to alert traffic on Elm Street of the presence of the bank. He noted all Chase Bank sites display the signature monument sign. Question was raised regarding the possibility of the applicant installing sidewalks along the eastern property line of the site from Route 120 north to the Oak Drive entry to the shopping center. Discussion occurred regarding the feasibility of constructing a sidewalk in this location. It was noted there was not enough room along the eastern property line to retain all proposed parking as well as construct the suggested sidewalk. Discussion continued. Deputy Administrator Martin noted that while constructing a sidewalk at this location is a good idea, the site is very tight and actual implementation might not be possible. Staff preliminarily looked at the site and determined there is only a two-foot margin between the eastern parking bumpers and the street curb which suggested there is not room enough to install sidewalks along the eastern property line. Planning and Zoning Commission March 17,2011 Page 4 Additional discussion occurred regarding the fact that there is not handicapped accessible curb cut at the northwest corner of Elm and Oak Streets (the southeastern point of the site). Suggestion was made by the applicant that they could investigate the possibility of installing a handicapped accessible curb and walkway thru the proposed expanded green space at the southeast corner of the site. Suggestion was also made that the applicant consider moving the building 2-3 feet to the west to allow for the installation of sidewalks along Oak Street. Deputy Administrator Martin pointed out that if the building were relocated further to the west it would mean a substantial loss of available parking on the site. Mr. Woodward suggested the installation of a pedestrian access to the bank's curb along Oak Street at its intersection with Elm Street. Pedestrians could then cross Oak Street and utilize the existing sidewalk along the east side of Oak Street. In response to Chairman Schepler's request for comments or questions from the audience, there were none. Motion by_Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z- 765, an application for the following zoning relief for the property located at 4302 West Elm Street as presented by applicant J P Morgan Chase Bank: 1. Conditional Use Permit to allow the construction and operation of a financial institution with a drive-up facility; 2. Variance to allow a reduction from the number of stacking spaces for a drive-up facility from the required 5 to 4 spaces per window/lane; 3. Variance to allow a reduction from the number of required off-street parking spaces; 4. Variance to allow more than one principal building on a zoning lot; Be granted,subject to the following conditions: 1. Design of the site shall be in substantial conformance to the plans submitted by Woolpert Engineering dated February 2011 and Nudell Architects dated 2/22/2011; and 2. The easternmost access point from Elm Street to the shopping center shall be closed and fully restored. and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, and Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, have been met. Voting Aye: Buhrman, Nadeau,Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Ekstrom, Morck. Motion carried 4-0. Planning and Zoning Commission March 17,2011 Page 5 Chairman Schepler closed the Public Hearing regarding File No.Z-765 at 8:09 p.m. Other Business In response to an inquiry,deputy Administrator Martin noted correspondence would be sent out shortly to residents who may be or previously have been in violation of the newly adopted ordinance regarding the parking of recreational and commercial vehicles in the residential districts. The letter will advise residents that the newly adopted ordinance will become effective September 1, 2011. The hope is that by alerting residents to the existence of new regulations regarding the parking and storing of these vehicles in the residential district,there will be fewer violations once the ordinance is actually in effect. Adjournment Motion by Nadeau,seconded by Thacker,to adjourn the meeting at 8:12 p.m. Voting Aye: Buhrman, Nadeau,Schepler,and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Ekstrom, Morck. Motion carried 4-0.The meeting was adjourned at 8:12 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 c McHenry,IL 60050 o Tel: (815)363-2170 a Fax: (815)363-2173 1. Name of Applicant -If mDg&1) Cal✓ B -XI Tel (Z-325 -337�7' M44-I l LOM 2 L- 1 - y'7 Address CE{-OsS TovZZ UH C&o,?•L W676-by 75"Fax 3335 2. Name of Property Owner 4E lt*JEV-' Tel 6030_ Y4q OOC9 (If other than A icant) ,�� S ' L Address �j Fax�QO- $�T Z(, Co0(159 3. Name of Engineer Tel (If represented) Address orre 5187 Fax31 Z-- 0) 4. Name of Attorney &jZ& Tel (If represented) Address rr Fax 5. Common Address or Location of Property a I�0 w —ZO cJT(�— (ZO OA 6. Requested Action(s)(check all that apply) —Zoning Map Amendment(Rezoning) _Zoning Variance-Minor XConditional Use Permit _Zoning Text Amendment Zoning Variance _Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: 1 T� TtD�1 c. 1.17/&1cl � i Aar Art iQkV17 A1At, 05C FORMA U6 () Page 1 of 3 7. Current Use of Property 6- C(`77(I ATM tq&Dey CAS. 8. Current Zoning Classification of Property, Including Variances or Conditional Uses �T�k�]�t�lffi.119'�t9�� fay �����77� �t✓�-T�> 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: -' A East: West: = 0444 0W/O't, 10. Required Attachments(check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. V 1. Application Fee (amount)$ 2. Narrative Description of Request =3. FORM A-Public Hearing Application 4. FORM B-Zoning Map Amendment(Rezoning)Application FORM C-Conditional Use Application V 6. FORM D-Zoning Variance Application 7. FORM E-Use Variance Application 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 412. Sign (Provided by the City,to be posted by the Applicant) 13. Site Plan 4. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 1717. 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 Designation of Applicant(s) FORM A Page 3 of 3 FORM C File Number CONDITIONAL USE PER UT Planning and Zoning Commission City of McHenry 333 South Green Street a McHenry,IL 60050 c Tel: (815)363-2170 13 Fax: (815)363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. n1avtme- 12, Z01 D, 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. ;r r-OF050'e7 No 4pu j�-'c eta 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. New IK)4 urG 'FfoY,�Y55C, TO fPA4X4—:� ?PoftTy P T A 141GW T�cr✓ ` ��c � 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. OS WTI 0LLAjar gFAU)e4�'- --r3 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. g C0012( JA�ITfF- II�s1'�I�A4jV0d , 3�!/fl.>�(/�.�/, low 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 FORM D File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry,IL 60050 G Tel: (815)363-2170 o Fax: (815)363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to our request L Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. N � 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions,topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. U 12gAye, '(tau tl-l�f�# ✓T ,rci,�-r' fi ATr6� i 15tj FORM D Pagel of 3 FORM D File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry, IL 60050 o Tel: (815)363-2170 c Fax: (815)363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request 1. Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. A04 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions,topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. 9� 1��• _� 1 a � —t'�na-�T��cF�r FORM D Page 1 of 3 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. Ul 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. T� oP orb S-ro��- ��T)c LL, J �ITH- i J�A�ldriLliS 1.D1 �a W)LL kbl- T lCil 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 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. -rh t� SULLY —>CU�lIGTI�t1/N f�f�7 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. 6. Necessary for Use of Property The granting of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. Tk 2�vlg, A �F FORM D Page 2 of 3 7. Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality,property values,or public safety or welfare in the vicinity. OM Ce 'TY�1Gr 8. Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City,as viewed in light of any changes conditions since their adoption. LA 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. *2�-2 � 2+9� i<PY FORM D Page 3 of 3 AlrL AVO Kenig,Lindgren,09 lara,Aboone,Inc. 57 Ii i":S G:o id uil ,lt!y f2 , i, )I1L ! u rs f,,i(11 ; MEMORANDUM TO: Eric Grabowski Heidner Properties, Inc. FROM: William R. Woodward Senior Consultant Luay R. Aboona,PE Principal DATE: November 12, 2010 SUBJECT: Parking Study Proposed Chase Bank McHenry Market Place McHenry, Illinois This memorandum presents a summary of the results and findings of a parking study conducted by Kenig,Lindgren,O'Hara,Aboona,Inc.(KLOA,Inc.)for the proposed Chase Bank to be located as an outlot within the McHenry Market Place retail development located in the northwest quadrant of the intersection of IL 120 and Oak/Industrial Drive in McHenry,Illinois. Background Chase Bank is currently a storefront within the in-line retail building of the McHenry Market Place development. In the southeast quadrant of the development is a Chase Bank drive-through service, offering two drive-through lanes. The plan is to raze the existing drive-through structure and in its place construct a new approximate 4,200 square feet Chase Bank building with a four-lane drive- through service. In addition, the outlot will provide approximately 23 parking spaces for this new facility. The existing Chase Bank will move out of the in-line retail building. Redeveloping this outlot with the new Chase Bank facility will result in an overall parking loss of approximately 32 parking spaces. The purpose of this study is four-fold: l. To determine if the amount of both the remaining and proposed parking spaces is still sufficient to accommodate the weekday and Saturday peak parking demand for the overall McHenry Market Place development. 2. To determine the peak hourly parking demand of the proposed bank. 3. To determine if the drive-through stacking and traffic circulation proposed for the new bank facility is sufficient. 4. To recommend parking efficiencies by restriping the parking field to provide 90-degree parking spaces Parking Occupancy Study A parking occupancy study was conducted for the McHenry Market Place retail development. Parking occupancy counts were conducted every half hour, between 11:00 A.M. and 9:00 P.M. on both Thursday, October 28, and Saturday, October 30, 2010. The parking field was divided into 16 areas/rows. Figure 1 is an aerial identifying each area. Area 13 is the footprint of the proposed Chase Bank facility. Occupancy counts were conducted for the entire Areas 10, 11, and 12 with a separate count for Area 13 to determine the parking occupancy of those particular spaces that are within the proposed Chase Bank outlot footprint. Conducting an on-site capacity count, it was determined that there are approximately 453 parking spaces for the McHenry Market Place development. The parking occupancy study revealed the following: • The parking occupancy study shows that the development has a weekday peak parking demand of 177 parking spaces, or 39 percent of the total capacity(refer to Table 1). • The Saturday peak parking demand is 216 parking spaces, or 48 percent of the total capacity(refer to Table 2). Less than 10 of the parking spaces within the proposed Chase Bank footprint were occupied, which indicates a low parking demand/need for this particular area of the development. • The study was conducted during a typical weekday and weekend The existing capacity is more than adequate to satisfy the existing peak parking demand • Adjusting for seasonal variations (34 percent increase based on information provided by the Urban Land Institute— ULI), the peak parking demand would be 52 percent for the weekday and 64 percent for Saturday. 2 • The resultant overall loss of 32 parking spaces in conjunction with the proposed Chase Bank facility adjusts the peak parking demand to approximately 51 percent of the total capacity. As such, losing these 32 parking spaces will not be detrimental to the parking demand generated by the McHenry Market Place development for a typical or seasonal period. Parking Demand for Proposed Chase Bank Facility The Chase Bank facility proposes 23 parking spaces. The peak parking demand for this type of facility was calculated using data in the Parking Generation Handbook, 4rh Edition, published by the Institute of Transportation Engineers (ITE). The data shows that the peak parking demand for the size of the proposed Chase Bank for both a weekday and a Saturday is approximately 17 parking spaces. As such, the proposed 23 parking spaces is more than adequate to accommodate the peak parking demand that may be generated by the proposed bank facility. Drive-Through System The four-lane drive-through service is proposed on the north face of the building. Vehicles entering the site from the north access can make an immediate right-turn to access the drive- through system. Vehicles entering the site from the south access off IL 120 will need to circle the building in a counter-clockwise rotation to access the drive-through system. According to the site plan dated September 2010,the drive-through system allows for the storage of approximately three vehicles (one being serviced and two waiting in queue). Based on information collected by KLOA for other drive-through systems, similar to that is proposed, this proposed storage is more than adequate for this drive-through facility. As such, traffic should not spillback into the main driving aisles and furthermore to Oak/Industrial Drive or IL 120. Wayfmding signage should be posted directing vehicles to the entrance to the drive-through system. Do Not Enter signs should be posted at the exit of the drive-through to deter opposing vehicles from entering the one-way westbound orientation. A stop sign should be posted at the exit of the drive-through system. Parking Layout The parking field for the McHenry Market Place development currently provides one-way parking aisles with angled parking with a total capacity of approximately 453 parking spaces. Using an electronic file of the existing striping plan, KLOA, Inc. created a conceptual overlay by restriping and reorienting the parking aisles to provide 90-degree parking spaces with two-way driving aisles throughout the parking field, while maintaining the accessible parking spaces needed. This conceptual layout (refer to Figure 2 in the Appendix of this memorandum), 3 reorienting the parking spaces to provide 90-degree parking with two-way traffic aisle operations provides an overall parking capacity/supply of approximately 476 parking spaces. This parking space count includes the proposed 23 parking spaces in conjunction with the proposed Chase Bank facility outlot. Restriping the parking field in this manner recaptures the estimated 32 parking spaces that would be lost in conjunction with the proposed Chase Bank facility, and creates an additional 23 parking spaces for the overall development. Conclusion Chase Bank is currently located within the in-line retail building in the McHenry Market Place retail development in McHenry, Illinois. The existing two-lane drive-through outlot, located in the southeast corner of the site will be razed and a new, approximate 4,200 square feet Chase Bank facility with a four-lane drive-through service will be constructed,providing approximately 23 parking spaces. Chase will move out of the storefront of the in-line retail building. Constructing this new facility will result in an overall loss of 32 parking spaces for the McHenry Market Place development. The results of this parking study conclude the following: The parking occupancy study shows that the development has a peak parking demand of 39 percent and 48 percent of the total capacity during a weekday and Saturday, respectively. • The existing capacity is more than adequate to accommodate both the existing typical peak parking demand and seasonal demand. • The overall loss of 32 parking spaces will not have a negative impact on the peak parking demand of the McHenry Market Place development. • The proposed 23 parking spaces for the Chase Bank facility is more than adequate to accommodate the peak parking demand of the bank, based on calculations of data provided by ITE. • The site plan provides sufficient stacking and circulation for the proposed four-lane drive-through service. • Restriping the existing parking field to provide 90-degree parking spaces with two-way driving aisles estimates to provide an additional 23 parking spaces to the 453 parking spaces that exist today for the overall development. This total includes the 23 parking spaces proposed in conjunction with the Chase Bank facility. 4 Paz-- AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: April 4, 2011 Regular City Council Meeting RE: Sign Variances for the property located at 4302 W Elm Street, Chase ATT: Sign Package Background. Chase Bank is requesting sign variances to allow 59 square feet of additional wall signage (90 square feet permitted by ordinance); three additional wall signs (two permitted); a size variance of .16 square feet for two directional signs (five square feet permitted); and, a height variance of .25 feet for the proposed directional signs (three foot height permitted). Analysis. Staff worked with Chase on reducing the amount of signage they are requesting and does not have any problems with the size and height variances for the directional signs. Staff does not support the requests for 59 additional square feet for wall signage and three additional wall signs.. Two of the proposed wall signs are Chase logos (number six and seven in the attached sign package), which staff believes are not necessary because the logo will be connected to the.channel letter wall sign on the elevations in question. Recommendation. Staff recommends approval of the following sign variances for the property located at 4302 W Elm Street to allow: 1. An additional 27 square feet of wall signage; 2. One additional wall sign; 3. An additional .16 square feet in area for each of the two directional signs; and 4. An additional .25 feet of height for each of the two directional signs.