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HomeMy WebLinkAboutPacket - 6/5/2023 - City CouncilThe City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA REGULAR CITY COUNCIL MEETING Monday, June 5, 2023, 7:00 p.m. City Council Chamber, 333 S Green St, McHenry, IL 60050 1.Call to Order. 2.Roll Call. 3.Pledge of Allegiance 4.Proclamation: Recognizing Patrick Devine for his service as Alderman of Ward 6 from March 20, 2017 until April 30, 2023. 5.Public Comments 6.Consent Agenda. Motion to Approve the following Consent Agenda Items as presented: A.Accept and authorize the execution of a Proposal from Gov HR USA to assist with the City Administrator Recruitment and Selection process. (Human Resources & Risk Management Director Campanella) B.Ordinance amending Title 7, Chapter 2, Section 5, Operation of Non -Highway Vehicles on City Streets, of the McHenry City Code. (Deputy City Clerk Johnson) C.Waive the competitive bidding process and accept a proposal from Associated Electrical Contractors of Woodstock, Illinois in the amount of $119,346.00 for the replacement and relocation of the Motor Control Center 9MCC) for Water Treatment Plant #2. (Public Works Director Strange) D.Purchase of two Chevrolet Tahoes from Tim Lally Chevrolet of Warrensville Heights, Ohio under Ohio State Purchasing Contract #RS108658 in the amount of $88,414.00. (Police Chief Birk) E.Purchase of the following vehicles for use by the Department of Public Works (Public Works Director Strange): NOTE: A separate agenda supplement is provided detailing each vehicle purchase. a.Field Operations Division 1-ton dump truck from Buss Ford of McHenry, Illinois in the amount of $134,962.00; b.Field Operations Division 1-ton Utility Truck from Buss Ford of McHenry, Illinois in the amount of $82,196.00; c.Field Operations Division Cargo Van from Victor Ford of Wauconda, Illinois in the amount of $52,295.00; d.Water Division Cargo Van from Victor Ford of Wauconda, Illinois in the amount of $52,295.00; and, e.Water Division ½ ton Truck from Sunnyside Co. of McHenry, Illinois in the amount of $40,876.00. F.Parks & Recreation Facilities & Special Use Permit Requests; 1 G.May 15, 2023 City Council Meeting Minutes; H.Issuance of Checks in the amount of $473,357.39 7.Individual Action Item Agenda. A.Use Variation and Zoning Variations, 1407 N. Court Street Motion to approve an Ordinance granting a Use Variation and Zoning Variations for the property located at 1407 N. Court Street. (Community Development Director Polerecky) B.Use Variation and Zoning Variations, 1507 N. Green Street Motion to approve an Ordinance granting a Use Variation and Zoning Variations for the property located at 1507 N. Green Street. (Community Development Director Polerecky) C.Various Zoning Text Amendments – Keeping of Apiaries; Automotive Sales and Towing Business in I-1 Industrial District Motion to approve an Ordinance granting Various Zoning Text Amendments to the McHenry Zoning Ordinance related to the keeping of apiaries on residential lots and allowing Automotive Sales and Towing Businesses in the I-1 Industrial District. (Community Development Director Polerecky) D.Class A Liquor License to Cantaritto’s Bar and Grill, 1228 N. Green Street Motion to approve a Class A Liquor License to Cantaritto’s Bar and Grill, located at 1228 N. Green Street, subject to the issuance of an occupancy and, if approved, an Ordinance amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classificati on and Fees; Approval Authority; Limitation on Number of Licenses. (Mayor Jett, Deputy City Clerk Johnson) E.Class A Liquor License to McHenry Steki LLC, 3918 Main Street Class A Liquor License to McHenry Steki LLC, located at 3918 Main Street and, if approved, an Ordinance amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses. (Mayor Jett, Deputy City Clerk Johnson) F.Video Gaming License to McHenry Steki, LLC, 3918 Main Street Subject to the approval of the previous agenda item, consideration of a Video Gaming License to McHenry Steki LLC, located at 3918 Main Street, subject to the execution of a Video Gaming Development Agreement. (Deputy City Clerk Johnson) G.Class A Liquor License to Leona’s Pizzeria Express of McHenry LLC, 3102 W. IL Route 120 Motion to approve a Class A Liquor License to Leona’s Pizzeria Express of McHenry LLC, located at 3102 W. Illinois Route 120, subject to the issuance of an occupancy and, if approved, an Ordinance amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses. (Mayor Jett, Deputy City Clerk Johnson) H.Video Gaming License to Leona’s Pizzeria Express of McHenry LLC, 3102 W. IL Route 20 Subject to the approval of the previous agenda item, consideration of a Video Gaming License to Leona’s Pizzeria Express of McHenry LLC, subject to the execution of a Video Gaming Development Agreement. (Deputy City Clerk Johnson) I.Super Aggregates Gravel Pit, North of IL Route 120 and East of Chapel Hill Road As presented, a motion to approve (super majority vote) or deny (majority vote) an Annexation Agreement between the City of McHenry and Land Reserves LLC. 2 NOTE: A vote to approve as presented automatically approves an Ordinance annexing a 110-acre property located north or IL Route 120 and east of Chapel Hill Road, an Ordinance granting preliminary and final Plat of Subdivision for McHenry Lakes Business Park Sub division, and an Ordinance granting a Zoning Map Amendment, Variations, and Conditional Use Permit for Earth Extraction, processing, asphalt/concrete recycling, and outdoor storage for the construction of a lake in conjunction with a gravel pit. J. Kensington Drive Resurfacing Discussion and motion by Council regarding the completion of the Kensington Drive Resurfacing Project. (Public Works Director Strange) K. 2024 (FY24/25) Road Resurfacing Program Motion to authorize staff to proceed with plan preparation and publicly bid the 2024 (FY24/25) Road Resurfacing Program and, if necessary, to solicit proposals for engineering assistance to present to Council for approval at a later date. (Public Works Director Strange) 8. Discussion Item Agenda. A. Class A Liquor Licenses, Catering Endorsements, Serving of Alcoholic Beverages at Funeral Homes. (Mayor Jett, Deputy City Clerk Johnson) 9. Staff Reports. Staff reports are provided the first meeting of each month. 10. Mayor’s Report. 11. City Council Comments. 12. Executive Session as needed. 13. Motion to pass a Resolution approving the destruction of any executive session recordings that exist more than 18 months, and for the release of certain minutes, and to keep certain minutes confidential. (Deputy City Clerk Johnson) 14. Adjourn. The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further information, please contact the Office of the City Administrator at 815-363-2108. This meeting will be live streamed with a quorum of the City Council physically present. Public comments may only be heard by members of the public physically present at the meeting. Remote public comments will not be heard. The public can listen and view the meeting from the following link: https://cityofmchenry.zoom.us/j/89797231352 3 Proclamation WHEREAS, Patrick Devine had his appointment to Ward 6 Alderman confirmed on March 6, 2017, and was sworn in on March 20, 2017; and WHEREAS, Patrick Devine has concluded six years as Alderman of Ward 6; and WHEREAS, he has served the Council with purpose, dedication, devotion and integrity and has acted in all matters before the Council with the welfare of the City uppermost in his mind; and WHEREAS, he has served with dedication, devotion and integrity and can look back with pride on his contributions and accomplishments while serving on the City Council. NOW THEREFORE BE IT PROCLAIMED, that the City Council of the City of McHenry go on record as recognizing the many contributions and dedication of Patrick Devine and expressing its appreciation and gratitude on behalf of the Citizens of McHenry. Passed and approved this 5th day of June, 2023. Signed: _________________________________ Mayor Attest: _________________________________ City Clerk 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA ITEM DATE: June 5, 2023 TO: City Council FROM: Deputy Clerk Monte Johnson RE: Edits to Language of Non-Highway Vehicles ATT: Ordinance Editing Code for Non-Highway Vehicles AGENDA ITEM SUMMARY: Council passed an ordinance in 202 0 that allowed for the use of non-highway vehicles on certain City streets subject to certain conditions. Vehicles are required to go through an initial safety inspection when first registered. Owners who renew the same vehicles each year are not required to undergo a safety inspection and pay a smaller renewal fee. The ordinance originally passed stated that vehicles are inspected each year. The proposed ordinance simply changes the language to state that vehicles renewed by the same owner do not have to be inspected annually. RECOMMENDATION: If Council concurs, a motion should be made to pass an Ordinance Amending Title 7, Chapter 2, Section 5, Operation of Non -Highway Vehicles on City Streets, of the McHenry City Code. 28 ORDINANCE NO. 23- Amending Title 7, Chapter 2, Section 5, Operation of Non-Highway Vehicles on City Streets, of the McHenry City Code 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, McHenry County, Illinois, as follows: SECTION 1: Title 7, Chapter 2, Section 5, subsection C.1., of the Municipal Code shall be amended as follows : 7-2-5. Operation of Non -Highway Vehicles on City Streets: C.1. An initial safety inspection shall be conducted by the Police Department or a designee authorized by the Chief of Police. Vehicles being renewed by the same owner are not required to be inspected in following years. SECTION 2: Title 7, Chapter 2, Section 5, subsection C.6., of the Municipal Code shall be amended as follows : 7-2-5. Operation of Non -Highway Vehicles on City Streets: C.6. A fee of one hundred dollars ($100.00) shall be paid for the initial annual safety inspection of each non-highway vehicle. A fee of fifty dollars ($50.00) for renewing the same non-highway vehicle under the same ownership each year thereafter shall be paid. 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 judgment shall not effect, impair, invalidate or nullify t he remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 4: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 5th day of June, 2023. Ayes Nays Absent Abstain 29 Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 30 Department of Public Works Troy Strange, P.E., Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with t he highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: June 5, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Water Plant #2 Motor Control Center (MCC) Replacement and Relocation ATT: Proposal from Associated Electrical Contractors ____________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider waiving competitive bidding and to accept a a proposal from Associated Electrical Contractors of Woodstock, IL for the replacement and relocation of the Motor Control Center (MCC) for Water Treatment Plant #2. BACKGROUND: Water Treatment Plant #2 is located on Beach Road and was built in 1978. The treatment plant removes iron and manganese from the raw water before the addition of chlorine, fluoride, and poly phosphate. The finished water is then pumped to the City’s water towers for distribution. In 2012, the treatment plant’s failing pressure filters were replaced with a gravity filter system. In addition to the new filter system, new chemical feed pumps and new high service pumps were installed. Additionally, a stand-by emergency power generator was added to the plant which improved redundancy to the overall system. The relocation of the MCC was considered but was not completed at that time due to cost considerations. The MCC is a high voltage electrical panel that is 6’ high by 6’ wide and houses all electrical components for the plant that require 440 volts to operate. The MCC is housed in a room that has several water pumps plus the environment contains a substantial amount of moisture and requires constant dehumidification. In 2016, a chlorinated water line ruptured resulting in the MCC being sprayed with water which caused significant damage and deterioration. The treatment plant was out of service for several days. A temporary shower curtain type barrier was installed; however, the interior components 31 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. of the MCC are also aging and due for upgrade. Because of the humid environment within this room, it is recommended that the MCC be relocated to another location within the plant which has a more suitable environment. ANALYSIS: Because of the blend of both profess ional services provided by the City’s integration and automation vendor, Advanced Automation and Controls, LLC (AAC) running a conventional public bidding process presents several challenges which in recent history has resulted in unsuccessful procurement. City staff went about securing two proposals, both of which utilized AAC with one proposal utilizing AAC as the prime contractor and their preferred subcontractor and one with Associated Electrical Contractor of Woodstock, Illinois as the prime contractor and AAC as their subcontractor. A summary of proposals is as follows: Associated Electrical Contractors LLC $119,346.00 Advanced Automation & Controls, Inc. $138,950.00 Staff has analyzed the proposals and recommends awarding the contract to Associated Electrical Contractors LLC. RECOMMENDATION: Therefore, if Council concurs, it is recommended to waive competitive bidding and accept a proposal from Associated Electrical Contractors of Woodstock, IL in the amount of $119,346.00 for the replacement and relocation of the Motor Control Center (MCC) for Water Treatment Plant #2. 32 Associated Electrical Contractors, LLC | P.O. Box 39 | Woodstock, IL 60098 | Office: 815-337-6600 April 21, 2023 Russell Ruzicka City of McHenry Re: McHenry Plant 2 MCC AEC Quote #Q120622-5 We are pleased to provide our quote for the above-referenced project. Clarifications are as follows: • Install new MCC in new location, extend existing feeds to new MCC. • Provide new 400-amp meter pedestal. • Remove existing MCC. • Relocate existing transformer to accommodate move. • New MCC same layout and design as existing included • Scada integration included. • Conduit to be RMC and EMT • Wire to be THHN type. • Tax not included. • Work to be performed during normal working hours, no overtime included. • Permits, Inspection Fees, and Utility Charges by others. FOR THE SUM OF $119,346.00 Quote is based on timely delivery of components supplied by others, and installation of mechanical systems adhering to schedule(s) for unimpeded installation and to stay on schedule. Thank you for the opportunity to quote your electrical needs above. If you have questions or need any further information, please feel free to contact me at your convenience. Sincerely, Associated Electrical Contractors, LLC. Project Manager Industrial Division 33 Chief of Police John R. Birk McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: John R. Birk, Chief of Police FOR: June 5, 2023, Regular City Council meeting RE: Authorization to Purchase 2City Vehicles for FY 23/24 Attachments: Tim Lally Chevrolet Purchase Quote Agenda Item Summary: Staff is seeking Council’s authorization the purchase two City fleet vehicles for the Police Department under Ohio State Purchasing Contract #RS108658. Staff is present to answer any questions Council may have. Background: With the supply, demand and delivery issues surrounding vehicle purchasing and extremely high inflation costs, Staff has looked for alternative methods to acquire new vehicles. Ordering patrol police vehicles has been difficult as currently both Ford and Chevrol et are not excepting new orders and new pricing is not available for 2024 models. Over the last year staff has been actively looking for alternative options to procure two Chevrolet Tahoe (Shift Command Vehicles) that will replace our 2015 Patrol Command Tahoes which have over 8 years of service life and are on their second motors. The approved FY 23/24 Community Investment Plan allots for the purchase of these two Chevrolet Tahoes. Analysis: Due to the continued barrier of not being able to order Chevrolet Tahoe’s locally or statewide, Staff has broadened its search in an attempt to find new 2023 Tahoes in stock at dealerships outside Illinois. In conducting this search Staff found two (2) 2023 Chevrolet Tahoes at Tim Lally Chevrolet in Warrensville Heights, OH. Tim Lally Chevrolet specializes in the sale of police vehicles and currently holds the Ohio State Cooperative Purchasing Contract (Contract #RS108658) for the Chevrolet Tahoe. The dealership provided staff the contract price of $$44,207.00 per vehicle, which includes a $800 bid adjustment for selling out of state. Because of our allowance to purchase these vehicles through the Ohio State Cooperative Contract we are able purchase said vehicles competitively in accordance with the City’s Purchasing Policy, with no waiver of bidding. The total purchase price for two (2) Chevrolet Tahoes is $88,414.00. Recommendation: Staff requests City Council authorization to order/purchase two Chevrolet Tahoes from Tim Lally Chevrolet under Ohio State Cooperative Purchasing Contract #RS108658 in an amount not to exceed $88,414.00. 34 35 36 37 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: June 5, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Public Works Director Steve Wirch, Field Operations Manager RE: Public Works Field Operations Division Vehicle (1-Ton Dump Truck) ATT: Bid Tabulation AGENDA ITEM SUMMARY: Staff requests that the City Council consider for approval the purchase of a 1-ton dump truck in the amount of $134,962.00. BACKGROUND: The approved Fiscal Year 23/24 Community Investment Plan included the purchase of a new 1- ton dump truck with an estimated amount of $115,000. This vehicle will be utilized for both snow plowing and routine maintenance operations. On May 17,2023 the Public Works Department received bids for the purchase of this vehicle. ANALYSIS: The 2 (two) bidding entities were Buss Ford ($134,962.00) and Henderson Products, Inc. ($129,091.00). While Henderson Products, Inc. submitted the lowest proposal , their submitted proposal did not meet the full specification for the vehicle. Upon review of the vehicle specifications and pricing, staff is recommending that the City enter into a purchase agreement with Buss Ford of McHenry Illinois. RECOMMENDATION: Therefore, if Council concurs, it is recommended that the City Council approve the purchase of a 1-ton dump truck from Buss Ford of McHenry, Illinois in the amount of $134,962.00. 38 City of McHenry TABULATION OF BIDS Department of Public Works 1415 Industrial Drive Vehicle:One (1) 1-Ton Dump Truck McHenry, IL 60050 Bid Opening: Wednesday, May 17, 2023, 10:00 AM 815-363-2186 Name of Bidder: Address of Bidder: Per Bid Specs Total Per Bid Specs Total Yes $ 134,962.00 No $ 129,091.00 $ 134,962.00 $ 129,091.00 Item Standard Vehicle Price as specified per Bid Specifications (includes Optional Equipment) LOW BIDDER Buss Ford Henderson Products, Inc. 111 S. Route 31 McHenry, IL 60050 11921 Smith Drive Huntley, IL 60142 39 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: June 5, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Public Works Director Steve Wirch, Field Operations Manager RE: Public Works Field Operations Division Vehicle (1-Ton Utility Truck) ATT: Bid Tabulation AGENDA ITEM SUMMARY: Staff requests that the City Council consider for approval the purchase of a 1-ton utility truck in the amount of $82,196.00. BACKGROUND: The approved Fiscal Year 23/24 Water and Sewer Community Investment Plan included the purchase of a new 1-ton utility truck with an estimated amount of $75,000. This vehicle will be utilized for routine maintenance operations of Public Works Field Operations Division. On May 17,2023, the Public Works Department received bids for the purchase of this vehicle. ANALYSIS: One proposal was received by Buss Ford in the amount of $82,196.00. Upon review of the vehicle specifications and pricing, staff is recommending that the City enter into a purchase agreement with Buss Ford of McHenry, Illinois. RECOMMENDATION: Therefore, if Council concurs, it is recommended that the City Council approve the purchase of a 1-ton utility truck from Buss Ford of McHenry, Illinois in the amount of $82,196.00. 40 City of McHenry TABULATION OF BIDS Department of Public Works 1415 Industrial Drive Vehicle:One (1) 1-Ton Utility Truck McHenry, IL 60050 Bid Opening: Wednesday, May 17, 2023, 10:00 AM 815-363-2186 Name of Bidder: Address of Bidder: Per Bid Specs Total Yes $ 82,196.00 $ 82,196.00 Item Standard Vehicle Price as specified per Bid Specifications (includes Optional Equipment) LOW BIDDER Buss Ford 111 S. Route 31 McHenry, IL 60050 41 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: June 5, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Public Works Director Steve Wirch, Field Operations Manager RE: Public Works Field Operations Division Vehicle (Cargo Van) ATT: Bid Tabulation AGENDA ITEM SUMMARY: Staff requests that the City Council consider for approval the purchase of a cargo van in the amount of $52,295.00. BACKGROUND: The approved Fiscal Year 23/24 Water and Sewer Community Investment Plan included the purchase of a new cargo van with an estimated amount of $50,000. This vehicle will be utilized for sewer televising operations by the Public Works Field Operations Division. On May 17,2023, the Public Works Department held a bid opening and received 2 (two) bids. ANALYSIS: The 2 (two) bidding entities were Victor Ford ($52,295.00) and Buss Ford (52,947.00). Upon review of the vehicle specifications and pricing, staff is recommending that the City enter into a purchase agreement with Victor Ford of Wauconda, Illinois. RECOMMENDATION: Therefore, if Council concurs, it is recommended that the City Council approve the purchase of a cargo van from Victor Ford of Wauconda, Illinois in the amount of $52,295.00. 42 City of McHenry TABULATION OF BIDS Department of Public Works 1415 Industrial Drive Vehicle:Two (2) Cargo Vans McHenry, IL 60050 Bid Opening: Wednesday, May 17, 2023, 10:00 AM 815-363-2186 Name of Bidder: Address of Bidder: Per Bid Specs Total Per Bid Specs Total Yes $ 52,947.00 Yes $ 52,295.00 $ 52,947.00 $ 52,295.00 Buss Ford Victor Ford 111 S. Route 31 McHenry, IL 60050 1400 N Rand Road Wauconda, IL 60084 Item Standard Vehicle Price as specified per Bid Specifications (includes Optional Equipment) LOW BIDDER 43 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: June 5, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Public Works Director Steve Wirch, Field Operations Manager RE: Public Works Water Division Vehicle (Cargo Van) ATT: Bid Tabulation AGENDA ITEM SUMMARY: Staff requests that the City Council consider for approval the purchase of a cargo van in the amount of $52,295.00. BACKGROUND: The approved Fiscal Year 23/24 Water and Sewer Community Investment Plan included the purchase of a new Water Division cargo van with an estimated amount of $50,000. On May 17,2023, the Public Works Department held a bid opening and received 2 (two) bids. ANALYSIS: The 2 (two) bidding entities were Victor Ford ($52,295.00) and Buss Ford (52,947.00). Upon review of the vehicle specifications and pricing, staff is recommending that the City enter into a purchase agreement with Victor Ford of Wauconda, Illinois. RECOMMENDATION: Therefore, if Council concurs, it is recommended that the City Council approve the purchase of a cargo van from Victor Ford of Wauconda, Illinois in the amount of $52,295.00. 44 City of McHenry TABULATION OF BIDS Department of Public Works 1415 Industrial Drive Vehicle:Two (2) Cargo Vans McHenry, IL 60050 Bid Opening: Wednesday, May 17, 2023, 10:00 AM 815-363-2186 Name of Bidder: Address of Bidder: Per Bid Specs Total Per Bid Specs Total Yes $ 52,947.00 Yes $ 52,295.00 $ 52,947.00 $ 52,295.00 Buss Ford Victor Ford 111 S. Route 31 McHenry, IL 60050 1400 N Rand Road Wauconda, IL 60084 Item Standard Vehicle Price as specified per Bid Specifications (includes Optional Equipment) LOW BIDDER 45 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: June 5, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Public Works Director Steve Wirch, Field Operations Manager RE: Public Works Water Division Vehicle (1/2 Ton Truck) ATT: Bid Tabulation AGENDA ITEM SUMMARY: Staff requests that the City Council consider for approval the purchase of a half-ton truck in the amount of $40,876.00. BACKGROUND: The approved Fiscal Year 23/24 Water and Sewer Community Investment Plan included the purchase of a new half-ton truck with an estimated amount of $35,000. On May 17,2023 the Public Works Department held a bid opening and received 3 (three) bids. ANALYSIS: The 3 (three) bidding entities were Sunnyside Co. ($40,876.00), Buss Ford ($51,074.00) and Victor Ford ($58,342.00). Upon review of the vehicle specifications and pricing, staff is recommending that the City enter into a purchase agreement with Sunnyside Co. of McHenry, Illinois. RECOMMENDATION: Therefore, if Council concurs, it is recommended that the City Council approve the purchase of a half-ton truck from Sunnyside Co. of McHenry, Illinois in the amount of $40,876.00. 46 City of McHenry TABULATION OF BIDS Department of Public Works 1415 Industrial Drive Vehicle:One (1) Half-Ton Pickup Truck McHenry, IL 60050 Bid Opening: Wednesday, May 17, 2023, 10:00 AM 815-363-2186 Name of Bidder: Address of Bidder: Per Bid Specs Total Per Bid Specs Total Per Bid Specs Total Yes $ 51,074.00 Yes $ 40,876.90 Yes $ 58,342.00 $ 51,074.00 $ 40,876.90 $ 58,342.00 Victor Ford 1400 N Rand Road Wauconda, IL 60084 LOW BIDDER Item Standard Vehicle Price as specified per Bid Specifications (includes Optional Equipment) Buss Ford Sunnyside Co. Chrysler Dodge Jeep Ram 4810 W. Elm Street McHenry, IL 60050 111 S. Route 31 McHenry, IL 60050 47 48 49 50 51 52 53 54 55 City of McHenry Council Meeting Minutes 5.15.23 1 MINUTES REGULAR CITY COUNCIL MEETING Monday, May 15, 2023, 7:00 p.m. City Council Chamber, 333 S Green St, McHenry, IL 60050 Roll Call: Mayor Jett called the roll call. Members present Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller, and Mayor Jett. Others present Attorney McArdle, Administrator Morefield, Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk , City Planner Sheriff, Deputy Clerk Johnson, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge. Recognition: Plaque presentation to Michael Roberts for service to the McHenry Police Commission. This was presented by Mayor Jett, commending him for the 14 years of involvement. Consent Agenda: Motion to Approve the following Consent Agenda Items as presented: Award of bid for the 2023 Paint Pavement 1 A. Marking contract to Precision Pavement Markings, Inc. in the amount of $27,348.94 . (Public Works Director Strange) B. Award of a material supply contract for Bulk Rock Salt to Morton Salt, Inc. in the amount of $138,420.00, and a contingency allowance for a 20% overage on the contract in the amount of $27,684.00. (Public Works Director Strange) C. Task Order for Professional Engineering Services for the Water Tower #4 Repainting Project with Robinson Engineering in the amount of $64,831.00. (Public Works Director Strange) D. Sales Order for the purchase of a Volvo VHJD 42F300 Single Axel Dump Truck with Snowplow and Wing Setup with Bonnell Industries of Dixon, Illinois in the amount of $304,714.88. (Public Works Director Strange) E. Authorization for the Mayor’s execution of an extension to the Exclusive Listing Agreement with Jack Minero of Berkshire Hathaway for the listin g of 914 Front Street through May 16, 2024. (Community Development Director Polerecky) 56 City of McHenry Council Meeting Minutes 5.15.23 F. Ordinance amending various sections of the McHenry Municipal Code relating to Fines and Penalties. (Deputy City Clerk Johnson) G. Authorization for the execution of an Intergovernmental Agreement with the Village of Prairie Grove for Plan Review and Inspection Services. (Community Development Director Polerecky) H. Parks & Recreation Facilities & Special Use Permit Requests; I. May 1, 2023, City Council Meeting Minutes; J. Issuance of Checks in the amount of $614,531.86; K. As Needed Checks in the amount of $211,426.39. A motion was made by Alderman McClatchey and seconded by Alderman Santi t o approve Consent Agenda Item as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Individual Action Item Agenda: A. Honorary Street Sign for Ed and Joan Buss Motion to approve a Resolution designating the intersection of John Street and West Golfview Road and “Honorary Ed and Joan Buss Way.” (Public Works Director Strange) A motion was made by Alderman Santi and seconded by Alderwoman Bassi to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. No public comment. B. Sign Variance for Starbucks, 904 S. Route 31 Motion to approve a sign variance to Starbucks, located at 904 S. Route 31, to allow one additional wall sign and two additional menu boards not to exceed 48.75 square feet in area. (Community Development Director Polerecky) Alderman Glab expressed his concerns about the sign variances and likes the ordinances that allow us to control the sign variances. 57 City of McHenry Council Meeting Minutes 5.15.23 A motion was made by Alderwoman Miller and seconded by Alderman Strach to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. No public comment. C. Liquor License for El Vado Mexican Restaurant, 929 Front Street Motion to approve a Class A Liquor License to El Vado Mexican Restaurant, located at 929 Front Street, and, if approved, pass an Ordinance amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Cl assification and Fees; Approval Authority; Limitation on Number of Licenses. (Mayor Jett, Deputy City Clerk Johnson) Alderman McClatchey asked about the background check, it was cleared per Chief Birk. A motion was made by Alderman Strach and seconded by Alderwoman Miller t o approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. No public comment. D. Video Gaming License for El Vado Mexican Restaurant, 929 Front Street Based on the approval of Agenda Item 6C, the motion to approve a video gaming license to El Vado Mexican Restaurant, located at 929 Front Street, is contingent upon the execution of a Video Gaming Development Agreement. (Deputy City Clerk Johnson) A motion was made by Alderwoman Miller and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. No public comment. E. Professional Services Contract for the City’s 2023 Comprehensive and Downtown Plans Motion to approve a Professional Services contract between the City of McHenry and HDR Engineering, Inc. to draft the 2023 Comprehensive Plan and Downtown Plans . 58 City of McHenry Council Meeting Minutes 5.15.23 (Community Development Director Polerecky) HDR team, Jeff Young stepped to the podium to present the planning approach for the community of McHenry. The rest of the team also introduced themselves and gave the history and experience that they have working in planning. They are an international firm, they have three offices in Illinois. The four elements: Discover Define, Develop , and Delivery of the project. He spoke on public engagement, utilizing pop-up meetings to speak and engage the residents for the project. Design Charette is also something that was talked about, where city involvement will help paint the picture of what the plan would look like. Then finally the implementati on plan was discussed as the foundation for the plan, this would be over 18 months. Alderwoman Miller stated that she is thankful for the vision of 2050 and the prospects that their team will be moving forward with. Alderman Strach stated that this is what the city needs a vision and identity with a real plan. Alderman Santi stated that he looks forward to working with HDR, and wanted to know what is meant by community engagement. Per Jeff, it is asking for the input of the residents and the stakeholders to be involved and then moving forward with the path. Alderman McClatchey asked if the Chamber was contacted, but they have not yet. Alderman Glab stated it is a lot of money that is being looked at for the plans, whatever the results that it is to the benefits to follow the plan all the way through. Alderwoman Bassi is thankful that the younger people are being involved. A motion was made by Alderman McClatchey and seconded by Alderman Strach to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. No public comment. Discussion Item Agenda: A. MS4 History and Annual Update. (Public Works Director Strange) Russell Ruzicka, Treatment Operations Manager, presented slides regarding MS4 updates Alderwoman Miller spoke regarding the rain barrels and would like to see some emphasis on the rain gardens as well. Alderman McClatchey talked about the positives of rainwater as well. Staff Reports: Staff reports are provided at the first meeting of each month. Mayor’s Report: Miller’s point is looking amazing, it is becoming something down there. The Chamber is helping as well and wanted to thank the Parks Department and all the volunteers. Per Director Hobson, still looking for volunteers as well. Splash Pad is open and thank you to Parks Department and all the volunteers from Rise Up Foundation. 59 City of McHenry Council Meeting Minutes 5.15.23 City Council Comments: Alderwoman Bassi, this Wednesday there is a ride of silence for those killed or injured at 7 pm at the train station it is about 1 hour, helmets are recommended and the park district has it on their website as well. Thursday night is Pearl Street Market opening night, per Alderman McClatchey. Alderman Glab would like to bring Kensington back on the table regarding the road and would like it back on the agenda for this year’s street program. Alderwoman Bassi agrees that it is the worst street and would like it on the agenda as well, along with Alderman Koch. Alderman McClatchey agreed as well to bring it up for discussion. Director Strange stated that the cost is very large but may be able to have a separate bid regarding it. Alderman Glab wanted to comment about the builders putting signs in right away but was not sure that they were approved to be up this long time, wanted to make sure the ordinance is being followed/enforced. Executive Session as needed: None Adjourn: A motion was made by Alderman Strach and seconded by Alderman Santi to adjourn the meeting at 8:15 . Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach , Alderman Koch, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel 60 Expense Approval Register McHenry, IL List of Bills Council Meeting - 6-5-23 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: BADGER METER INC BADGER METER INC 80126540 04/30/2023 MTHLY APRIL 2023 510-31-6110 452.56 Vendor BADGER METER INC Total: 452.56 Vendor: BAKER & SON CO, PETER BAKER & SON CO, PETER 41128 06/05/2023 LAKEMOOR 100-33-6110 81.78 Vendor BAKER & SON CO, PETER Total: 81.78 Vendor: BAXTER & WOODMAN BAXTER & WOODMAN 0246554 06/05/2023 MILL STREET WATER MAIN 510-31-8500 1,297.50 Vendor BAXTER & WOODMAN Total: 1,297.50 Vendor: BEU, LINDA BEU, LINDA INV0014667 04/30/2023 W-S REPL CK 510-2200 199.27 Vendor BEU, LINDA Total: 199.27 Vendor: BRANIFF COMMUNICATIONS INC BRANIFF COMMUNICATIONS 0034688 04/30/2023 MAINT 220-00-5375 4,240.00 Vendor BRANIFF COMMUNICATIONS INC Total: 4,240.00 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 67856 04/30/2023 CUSTODIAL SUPPLIES 400-00-6111 102.04 CABAY & COMPANY INC 67856 04/30/2023 CUSTODIAL SUPPLIES 400-40-6110 297.39 Vendor CABAY & COMPANY INC Total: 399.43 Vendor: CHRISTOPHER B BURKE ENGINEERING, LTD CHRISTOPHER B BURKE 183228 06/05/2023 RIVERSIDE DR STREETSCAPE 100-01-8900 15,941.28 CHRISTOPHER B BURKE 183229 06/05/2023 RT 120 & RT 31 100-01-8900 10,376.05 Vendor CHRISTOPHER B BURKE ENGINEERING, LTD Total: 26,317.33 Vendor: CONDUENT HR SERVICES LLC CONDUENT HR SERVICES LLC 1681736 04/30/2023 HSA APRIL 2023 600-00-6960 63.00 Vendor CONDUENT HR SERVICES LLC Total: 63.00 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 26912 06/05/2023 PATCHING 100-33-6110 268.40 Vendor CURRAN CONTRACTING COMPANY Total: 268.40 Vendor: DAHM ENTERPRISES, INC DAHM ENTERPRISES, INC 1777 04/30/2023 APRIL LAND APPLICATION 510-32-5580 717.26 Vendor DAHM ENTERPRISES, INC Total: 717.26 Vendor: DDCA ARCHITECTS DDCA ARCHITECTS 1018255 06/05/2023 CHAPEL HILL ROAD 100-01-5110 2,534.22 Vendor DDCA ARCHITECTS Total: 2,534.22 Vendor: DIRECT FITNESS SOLUTIONS DIRECT FITNESS SOLUTIONS 0580283-IN 04/30/2023 DFS EQUIPMENT REPAIRS 400-00-5375 2,646.49 Vendor DIRECT FITNESS SOLUTIONS Total: 2,646.49 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN00602057 06/05/2023 MTHLY MAINT 225-00-5110 3,119.00 Vendor FOX VALLEY FIRE & SAFETY Total: 3,119.00 Vendor: GESKE AND SONS INC GESKE AND SONS INC 58133 06/05/2023 RESURF PETERSEN PARK LOTS 100-01-8900 13,398.28 Vendor GESKE AND SONS INC Total: 13,398.28 Vendor: GZA GEOENVIRONMENTAL, INC GZA GEOENVIRONMENTAL, 0856956 04/30/2023 GREEN ST DEV LSI SUPPL 290-00-5110 6,346.25 Vendor GZA GEOENVIRONMENTAL, INC Total: 6,346.25 5/31/2023 2:30:10 PM 61 Expense Approval Register Packet: APPKT02707 - 6-5-23 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: HLR HLR 20231004 04/30/2023 DARTMOOR DR RESURF - PH III 100-33-5300 3,322.50 Vendor HLR Total: 3,322.50 Vendor: HUEMANN & SONS INC, JOSEPH H HUEMANN & SONS INC, 1168377 04/30/2023 DRILLING OF TEST WELL #14 580-31-8500 19,110.00 Vendor HUEMANN & SONS INC, JOSEPH H Total: 19,110.00 Vendor: J & J VENTURES J & J VENTURES INV0014668 06/05/2023 VIDEO GAMING OPER TERM 100-00-3350 3,000.00 Vendor J & J VENTURES Total: 3,000.00 Vendor: MCHENRY COUNTY COLLECTOR MCHENRY COUNTY COLLECTOR INV0014670 04/30/2023 PROP TAXES 100-01-5110 9,043.39 MCHENRY COUNTY COLLECTOR INV0014670 04/30/2023 PROP TAXES 280-41-6940 5,315.38 MCHENRY COUNTY COLLECTOR INV0014669 04/30/2023 PROP TAXES 1ST INSTALL 590-00-6940 406.15 MCHENRY COUNTY COLLECTOR INV0014669 04/30/2023 PROP TAXES 1ST INSTALL 590-00-6940 13,398.94 Vendor MCHENRY COUNTY COLLECTOR Total: 28,163.86 Vendor: MUNICIPAL CLERKS OF LAKE COUNTY MUNICIPAL CLERKS OF LAKE INV0014671 06/05/2023 ANNUAL DUES M JOHNSON 100-01-5410 20.00 Vendor MUNICIPAL CLERKS OF LAKE COUNTY Total: 20.00 Vendor: MUNICIPAL COLLECTION SERVICES INC MUNICIPAL COLLECTION 024127 04/30/2023 COLL 100-04-5110 227.41 MUNICIPAL COLLECTION 024128 04/30/2023 COLLECTIONS 100-04-5110 153.86 Vendor MUNICIPAL COLLECTION SERVICES INC Total: 381.27 Vendor: TIM LALLY CHEVROLET, INC TIM LALLY CHEVROLET, INC INV0014672 06/05/2023 2 CHEVROLET TAHOES 445-00-8400 88,414.00 Vendor TIM LALLY CHEVROLET, INC Total: 88,414.00 Vendor: UMB BANK UMB BANK 947076 04/30/2023 ANNUAL FEE 300-00-7300 318.00 Vendor UMB BANK Total: 318.00 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 501306617 06/05/2023 C H COPIERS 620-00-5110 598.56 US BANK EQUIPMENT FINANCE 501880702 06/05/2023 PW COPIERS 620-00-5110 336.21 Vendor US BANK EQUIPMENT FINANCE Total: 934.77 Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILL CO 11729 06/05/2023 SLUDGE 510-32-5580 268.80 Vendor WINNEBAGO LANDFILL CO Total: 268.80 Grand Total: 206,013.97 5/31/2023 2:30:10 PM 62 Expense Approval Register Packet: APPKT02707 - 6-5-23 AP CKS Fund Summary Fund Expense Amount 100 - GENERAL FUND 58,367.17 220 - CIVIL DEFENSE FUND 4,240.00 225 - ALARM BOARD FUND 3,119.00 280 - DEVELOPER DONATION FUND 5,315.38 290 - TIF FUND 6,346.25 300 - DEBT SERVICE-1997A FUND 318.00 400 - RECREATION CENTER FUND 3,045.92 445 - CAPITAL ASSET MAINTENANCE & REPLACEMENT 88,414.00 510 - WATER/SEWER FUND 2,935.39 580 - UTILITY IMPROVEMENTS FUND 19,110.00 590 - MARINA OPERATIONS FUND 13,805.09 600 - EMPLOYEE INSURANCE FUND 63.00 620 - INFORMATION TECHNOLOGY FUND 934.77 Grand Total: 206,013.97 63 Expense Approval Register McHenry, IL #2 List of Bills Council Meeting- 6-5-23 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ALLIANCE CONTRACTORS INC ALLIANCE CONTRACTORS INC 23027 04/30/2023 Concrete Panel Rt. 120 #23027 510-31-5510 19,365.00 Vendor ALLIANCE CONTRACTORS INC Total: 19,365.00 Vendor: AMERICAN SOLUTIONS FOR BUSINESS AMERICAN SOLUTIONS FOR INV06653647 04/30/2023 ICSC PROMO CORD 100-06-5110 395.00 Vendor AMERICAN SOLUTIONS FOR BUSINESS Total: 395.00 Vendor: AQUALAB WATER TREATMENT, INC AQUALAB WATER TREATMENT, 10869 06/05/2023 10869 100-03-5120 100.00 Vendor AQUALAB WATER TREATMENT, INC Total: 100.00 Vendor: ARAMARK REFRESHMENT SERVICES LLC ARAMARK REFRESHMENT 3968231 06/05/2023 Water Filter #3968231 100-01-6110 75.57 ARAMARK REFRESHMENT 6913794 06/05/2023 Coffee #6913794 100-01-6110 216.90 Vendor ARAMARK REFRESHMENT SERVICES LLC Total: 292.47 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC INV079438 04/30/2023 340 (79438) 100-22-5370 499.80 AUTO TECH CENTERS INC INV079598 06/05/2023 469 (79598) 100-33-5370 407.01 AUTO TECH CENTERS INC INV079682 06/05/2023 318 (79682) 100-22-5370 681.74 Vendor AUTO TECH CENTERS INC Total: 1,588.55 Vendor: BAKER & SON CO, PETER BAKER & SON CO, PETER 41241 06/05/2023 Water Main/Service Breaks - 510-31-6110 2,485.30 Vendor BAKER & SON CO, PETER Total: 2,485.30 Vendor: BLUE LINE, THE BLUE LINE, THE 44873 06/05/2023 Lateral Entry Police Officer 100-22-5110 348.00 Vendor BLUE LINE, THE Total: 348.00 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 67918 06/05/2023 Garbage Bags for Shop #67918 100-33-6115 16.99 CABAY & COMPANY INC 67926 06/05/2023 custodial supplies 400-00-6111 89.92 CABAY & COMPANY INC 67926 06/05/2023 custodial supplies 400-40-6110 297.39 CABAY & COMPANY INC 67963 06/05/2023 Custodial Supplies 400-00-6111 147.46 CABAY & COMPANY INC 67963 06/05/2023 Custodial Supplies 400-40-6110 99.13 Vendor CABAY & COMPANY INC Total: 650.89 Vendor: CINTAS CORPORATION LOC 355 CINTAS CORPORATION LOC 355 5159368731 06/05/2023 First Aid Kit 100-45-5110 51.62 Vendor CINTAS CORPORATION LOC 355 Total: 51.62 Vendor: CITY ELECTRIC SUPPLY CITY ELECTRIC SUPPLY MCH/019438 06/05/2023 Service truck Stock INV# 510-32-6110 111.41 Vendor CITY ELECTRIC SUPPLY Total: 111.41 Vendor: CLEAN CUT TREE CARE CLEAN CUT TREE CARE 21901 04/30/2023 Playground Supplies 100-45-5110 5,850.00 Vendor CLEAN CUT TREE CARE Total: 5,850.00 Vendor: CONSERV FS CONSERV FS 65156518 06/05/2023 Landscape Supplies 100-45-6110 506.67 CONSERV FS 65156929 06/05/2023 SportsField Supplies 100-45-6110 653.75 Vendor CONSERV FS Total: 1,160.42 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 26782 04/30/2023 WB - N50 Surface North 510-31-6110 308.05 CURRAN CONTRACTING 26957 06/05/2023 Capping Agg for Gravel 100-33-6110 148.50 CURRAN CONTRACTING 26977 06/05/2023 Capping Agg for Gravel 100-33-6110 193.98 CURRAN CONTRACTING 27006 06/05/2023 Capping Aggregate Gravel 100-33-6110 155.58 CURRAN CONTRACTING 27025 06/05/2023 Capping Aggregate Gravel 100-33-6110 103.92 5/31/2023 2:32:09 PM 64 Expense Approval Register Packet: APPKT02708 - 6-5-23 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount CURRAN CONTRACTING 27048 06/05/2023 Capping Agg. Gravel Shoulders 100-33-6110 150.60 Vendor CURRAN CONTRACTING COMPANY Total: 1,060.63 Vendor: DLT SOLUTIONS, LLC DLT SOLUTIONS, LLC SI609132 06/05/2023 Rapid Recovery Renewal 620-00-5110 1,510.21 Vendor DLT SOLUTIONS, LLC Total: 1,510.21 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS I239907 06/05/2023 Sludge Building Exhaust Fan 510-32-5375 666.86 DREISILKER ELECTRIC MOTORS I240666 06/05/2023 Post Aeration Blower Belts 510-32-5375 37.00 DREISILKER ELECTRIC MOTORS I241104 06/05/2023 Bathroom Repairs 100-45-6110 39.87 DREISILKER ELECTRIC MOTORS I241141 06/05/2023 Bathroom Repairs 100-45-6110 188.08 DREISILKER ELECTRIC MOTORS I241610 06/05/2023 Vapor Power Unit INV#I241610 510-32-5375 303.79 Vendor DREISILKER ELECTRIC MOTORS INC Total: 1,235.60 Vendor: EAGLE EYE POLYGRAPH, LLC EAGLE EYE POLYGRAPH, LLC 1162 04/30/2023 Polygraph - Freddy Ramirez 100-22-5110 750.00 Vendor EAGLE EYE POLYGRAPH, LLC Total: 750.00 Vendor: EBY GRAPHICS INC EBY GRAPHICS INC 10550 04/30/2023 816 (10550) 510-35-5370 141.58 EBY GRAPHICS INC 10644 06/05/2023 Stickers parking ticket 100-22-6210 552.01 Vendor EBY GRAPHICS INC Total: 693.59 Vendor: ED'S RENTAL & SALES INC ED'S RENTAL & SALES INC 388287-1 06/05/2023 forklift 388287-1 100-33-6250 64.96 Vendor ED'S RENTAL & SALES INC Total: 64.96 Vendor: EJ USA INC EJ USA INC 100230029258 06/05/2023 7" frames #100230029258 510-32-6110 2,719.80 EJ USA INC 110230029258 06/05/2023 7"frames 110230029258 510-32-6110 2,719.80 EJ USA INC 110230034189 06/05/2023 Sewer Frames (Stock) 510-32-6110 2,419.44 Vendor EJ USA INC Total: 7,859.04 Vendor: FOX WATERWAY AGENCY FOX WATERWAY AGENCY 0000858-IN 06/05/2023 Topsoil Dirt STS #0000858-IN 100-33-6110 180.00 FOX WATERWAY AGENCY 847-IN 06/05/2023 Landscape Supplies 100-45-6110 200.00 FOX WATERWAY AGENCY 858-IN 06/05/2023 Topsoil Dirt WTR #0000858-IN 510-31-6110 180.00 Vendor FOX WATERWAY AGENCY Total: 560.00 Vendor: FOXCROFT MEADOWS INC FOXCROFT MEADOWS INC 165960 06/05/2023 Grass seed and blanket 100-33-6110 742.50 Vendor FOXCROFT MEADOWS INC Total: 742.50 Vendor: G & E GREENHOUSES INC G & E GREENHOUSES INC 181508 06/05/2023 Landscape supplies: 100-45-6110 773.00 Vendor G & E GREENHOUSES INC Total: 773.00 Vendor: GALLS LLC GALLS LLC 024363640 04/30/2023 Uniform Order - Krueger 100-22-4510 117.98 GALLS LLC 024436693 04/30/2023 Uniform Order - Roske 100-22-4510 157.93 GALLS LLC 024436694 04/30/2023 Uniform Order - O'Herron 100-22-4510 60.82 GALLS LLC 024436714 04/30/2023 Uniform Order - Fitzgerald 100-23-4510 187.08 GALLS LLC 024436769 04/30/2023 Uniform Order - Hernandez 100-22-4510 15.76 GALLS LLC 024463983 04/30/2023 Uniform Order - Veronese 100-23-4510 68.38 GALLS LLC 024463998 04/30/2023 Uniform Order - Garrett 100-23-4510 94.04 GALLS LLC 024464001 04/30/2023 Uniform Order - Scichowski 100-23-4510 106.64 GALLS LLC 024464019 04/30/2023 Uniform Order - Templin 100-22-4510 440.91 GALLS LLC 024489758 06/05/2023 Uniform Order - Carey 100-22-4510 158.62 GALLS LLC 024498581 06/05/2023 Uniform Order - Carey 100-22-4510 60.88 GALLS LLC 024525637 06/05/2023 Uniform Order - Carey 100-22-4510 144.29 Vendor GALLS LLC Total: 1,613.33 Vendor: GARAVENTA USA INC ANTIOCH GARAVENTA USA INC ANTIOCH 53674 04/30/2023 Lift Pre-Inspection (1415 Ind.) 100-33-5115 390.00 Vendor GARAVENTA USA INC ANTIOCH Total: 390.00 5/31/2023 2:32:09 PM 65 Expense Approval Register Packet: APPKT02708 - 6-5-23 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: GOLF ACADEMY AT TERRA COTTA LLC GOLF ACADEMY AT TERRA 1223-182 06/05/2023 Golf lessons range fee 100-47-5110 312.00 Vendor GOLF ACADEMY AT TERRA COTTA LLC Total: 312.00 Vendor: GRAINGER GRAINGER 9667814488 04/30/2023 Grainger Air dryer #801653494 510-31-6110 931.33 Vendor GRAINGER Total: 931.33 Vendor: HALOGEN SUPPLY COMPANY HALOGEN SUPPLY COMPANY 595874 06/05/2023 Pads, DE, Grates for Pool 100-42-6110 2,943.56 HALOGEN SUPPLY COMPANY 596481 06/05/2023 Pool Acid Tubes & Shock 100-42-6110 553.92 Vendor HALOGEN SUPPLY COMPANY Total: 3,497.48 Vendor: HAWKINS INC HAWKINS INC 6447797 04/30/2023 Hawkins Demurrage 510-31-6110 10.00 HAWKINS INC 6453587 04/30/2023 Chemical Delivery #6453587 510-32-6110 12,631.80 HAWKINS INC 6454554 04/30/2023 Chemicals #6454554 510-31-6110 7,601.68 HAWKINS INC 6464296 06/05/2023 Chemical Delivery # 6464296 510-32-6110 9,102.60 HAWKINS INC 6471576 06/05/2023 Hawkins Demurrage 510-31-6110 20.00 HAWKINS INC 6476512 06/05/2023 Chemical Delivery #6476512 510-32-6110 7,810.60 HAWKINS INC 6479263 06/05/2023 Hawkins Cl2 sensor 510-31-6110 302.11 HAWKINS INC 6479917 06/05/2023 Hawkins Chemicals 510-31-6110 8,039.10 Vendor HAWKINS INC Total: 45,517.89 Vendor: HEARTLAND BUSINESS SYSTEMS, LLC HEARTLAND BUSINESS 603224-H 06/05/2023 Microsoft Monthly M365 620-00-5110 4,372.50 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total: 4,372.50 Vendor: HOLCIM-MAMR, INC HOLCIM-MAMR, INC 717785210 04/30/2023 Grade 9 (Broadway Culvert 100-33-6110 235.58 Vendor HOLCIM-MAMR, INC Total: 235.58 Vendor: ILLINOIS TACTICAL OFFICERS ASSOCIATION ILLINOIS TACTICAL OFFICERS 04157 04/30/2023 Training - Voelker 100-22-5430 815.00 Vendor ILLINOIS TACTICAL OFFICERS ASSOCIATION Total: 815.00 Vendor: IMPRESSIVE IMAGES IMPRESSIVE IMAGES 7019 04/30/2023 Field Ops Embroidery Uniforms 100-33-4510 18.00 IMPRESSIVE IMAGES 7029 06/05/2023 Embroidery on Field Ops 510-35-4510 30.00 IMPRESSIVE IMAGES 7034 06/05/2023 Pat Maher Uniform Shirts 510-35-4510 120.00 Vendor IMPRESSIVE IMAGES Total: 168.00 Vendor: INDUSTRIAL ENGINE COMPANY INDUSTRIAL ENGINE COMPANY 968 06/05/2023 N.Riverside Lift INV#968 510-32-5380 4,483.72 Vendor INDUSTRIAL ENGINE COMPANY Total: 4,483.72 Vendor: IN-PIPE TECHNOLOGY COMPANY INC IN-PIPE TECHNOLOGY 2322 06/05/2023 Monthly Invoice # 2322 510-32-5110 8,525.00 Vendor IN-PIPE TECHNOLOGY COMPANY INC Total: 8,525.00 Vendor: INTERSTATE ALL BATTERY CENTER INTERSTATE ALL BATTERY 1903701052263 04/30/2023 SWWTP-Dryer UPS Batteries 510-32-5375 76.50 Vendor INTERSTATE ALL BATTERY CENTER Total: 76.50 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 3032129134 04/30/2023 412 (3032129134) 100-33-5370 562.28 INTERSTATE BILLING SERVICE 3032182278 04/30/2023 415 (3032182278) 100-33-5370 365.00 INTERSTATE BILLING SERVICE 3032373944 06/05/2023 416 (3032373944) 100-33-5370 104.63 INTERSTATE BILLING SERVICE 3032434983 06/05/2023 411 (3032434983) 100-33-5370 460.00 INTERSTATE BILLING SERVICE 3032480599 06/05/2023 406 (3032480599) 100-33-5370 553.82 INTERSTATE BILLING SERVICE 3032588386 06/05/2023 414 (3032588386) 100-33-5370 250.00 INTERSTATE BILLING SERVICE 3032596136 06/05/2023 406 (3032596136) 100-33-5370 660.00 INTERSTATE BILLING SERVICE 3032646709 06/05/2023 414 (3032646709) 100-33-5370 4,638.95 INTERSTATE BILLING SERVICE 3032646977 06/05/2023 414 (3032646977) 100-33-5370 2,514.24 INTERSTATE BILLING SERVICE 3032660165 06/05/2023 414 (3032660165) 100-33-5370 4,206.40 INTERSTATE BILLING SERVICE 3032680925 06/05/2023 414 (3032680925) 100-33-5370 390.52 Vendor INTERSTATE BILLING SERVICE INC Total: 14,705.84 5/31/2023 2:32:09 PM 66 Expense Approval Register Packet: APPKT02708 - 6-5-23 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: IPAC IPAC 556 06/05/2023 Membership Dues 100-22-5410 100.00 Vendor IPAC Total: 100.00 Vendor: JENSEN, TED JENSEN, TED 03760 06/05/2023 Micro Screen Wedge Wire INV# 510-32-5375 222.00 Vendor JENSEN, TED Total: 222.00 Vendor: JG UNIFORMS INC JG UNIFORMS INC 114531 06/05/2023 Uniform Order - J. Ducak 100-22-4510 15.95 Vendor JG UNIFORMS INC Total: 15.95 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 100965812 04/30/2023 kimball stock (100965812) 100-33-5370 287.41 KIMBALL MIDWEST 100987600 04/30/2023 kimball stock (100987600) 100-33-5370 306.32 KIMBALL MIDWEST 101011740 06/05/2023 kimball stock (101011740) 100-33-5370 190.06 KIMBALL MIDWEST 101032788 06/05/2023 kimball stock (101032788) 100-33-5370 291.33 KIMBALL MIDWEST 101062132 06/05/2023 kimball stock (101062132) 100-33-5370 276.78 KIMBALL MIDWEST 101083731 06/05/2023 kimball stock (101083731) 510-35-5370 335.89 Vendor KIMBALL MIDWEST Total: 1,687.79 Vendor: KNAPHEIDE EQUIPMENT CO-CHICAGO KNAPHEIDE EQUIPMENT CO- CIS14427 06/05/2023 469 cis14427 100-33-5370 765.37 KNAPHEIDE EQUIPMENT CO- CIS14645 06/05/2023 403 cis14645 100-33-5370 178.48 KNAPHEIDE EQUIPMENT CO- CIS14667 06/05/2023 Vehicle repairs 100-45-5370 13.73 Vendor KNAPHEIDE EQUIPMENT CO-CHICAGO Total: 957.58 Vendor: LAI LTD LAI LTD 23-20380 06/05/2023 Chemical Feed Pump Parts 510-32-5375 3,435.97 LAI LTD INV#23-20337-1 06/05/2023 SWWTP-Digester Valves 510-32-5375 1,898.00 LAI LTD INV#23-20337 06/05/2023 SWWTP-Digester Valves 510-32-5375 949.00 Vendor LAI LTD Total: 6,282.97 Vendor: LIFEGUARD STORE INC, THE LIFEGUARD STORE INC, THE INV001305369 06/05/2023 MMAC Caps 100-42-6110 614.00 LIFEGUARD STORE INC, THE INV001310712 06/05/2023 Champ Caps 100-42-6110 614.00 Vendor LIFEGUARD STORE INC, THE Total: 1,228.00 Vendor: LOCKER'S FLOWERS LOCKER'S FLOWERS 1223-189 06/05/2023 Dance - Recital Flowers 100-46-6110 155.00 Vendor LOCKER'S FLOWERS Total: 155.00 Vendor: MARK 1 LANDSCAPE, INC MARK 1 LANDSCAPE, INC 33727 06/05/2023 On Demand Mowing (3519 100-33-5110 325.00 Vendor MARK 1 LANDSCAPE, INC Total: 325.00 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 40343 04/30/2023 448 (40343) 100-33-5370 3,478.60 MCCANN INDUSTRIES INC P41308 06/05/2023 443 (p41308) 100-33-5370 236.48 Vendor MCCANN INDUSTRIES INC Total: 3,715.08 Vendor: MCDANIELS MARKETING MCDANIELS MARKETING 9253 06/05/2023 ThinkMcH website 100-06-5110 7,585.00 MCDANIELS MARKETING INV9254 06/05/2023 ThinkMcH website 100-06-5110 1,920.00 Vendor MCDANIELS MARKETING Total: 9,505.00 Vendor: MCMASTER-CARR SUPPLY CO MCMASTER-CARR SUPPLY CO INV#97337688 06/05/2023 MS#2 Gaskets INV#97337688 510-32-5375 105.70 Vendor MCMASTER-CARR SUPPLY CO Total: 105.70 Vendor: MENARDS - CRYSTAL LAKE MENARDS - CRYSTAL LAKE 89424 06/05/2023 MIller Point supplies 100-45-6110 347.00 MENARDS - CRYSTAL LAKE 90444 06/05/2023 Fencing 100-45-6110 353.80 Vendor MENARDS - CRYSTAL LAKE Total: 700.80 Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC MENDEZ LANDSCAPING & 14979 06/05/2023 Constractual Landscaping: rec 400-00-5110 475.00 Vendor MENDEZ LANDSCAPING & BRICK PAVERS INC Total: 475.00 5/31/2023 2:32:09 PM 67 Expense Approval Register Packet: APPKT02708 - 6-5-23 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: METROPOLITAN INDUSTRIES METROPOLITAN INDUSTRIES INV049941 04/30/2023 W.Dartmoor Cap&Cord 510-32-5380 3,630.77 Vendor METROPOLITAN INDUSTRIES Total: 3,630.77 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 258247W 04/30/2023 Plumbing supplies 100-45-6110 146.40 MID AMERICAN WATER OF 258667W 06/05/2023 Construction supplies 100-45-6110 272.30 MID AMERICAN WATER OF 258681W 06/05/2023 Plumbing Supplies 100-45-6110 114.00 MID AMERICAN WATER OF 259042W 06/05/2023 4"Hymax couplings 510-31-6110 836.14 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 1,368.84 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS 225941 06/05/2023 Plumbing Supplies 100-45-6110 200.61 MIDWEST HOSE AND FITTINGS 226060 06/05/2023 443 226060 100-33-5370 358.79 Vendor MIDWEST HOSE AND FITTINGS INC Total: 559.40 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 98370 06/05/2023 Business cards 100-06-5330 122.00 MINUTEMAN PRESS OF MCH 98402 06/05/2023 Business Cards (TROY) #98402 100-30-6210 71.25 MINUTEMAN PRESS OF MCH 98402A 06/05/2023 Business Cards (Kevin Beggs) 510-32-6210 71.25 MINUTEMAN PRESS OF MCH 98415 06/05/2023 Notary Stamp - Aalto 100-22-6210 39.38 MINUTEMAN PRESS OF MCH 98427 06/05/2023 signage 100-45-6110 195.00 MINUTEMAN PRESS OF MCH 98455 06/05/2023 Notary Stamp - Birk 100-22-6210 39.38 MINUTEMAN PRESS OF MCH 98458 06/05/2023 Envelopes 100-22-6210 174.29 MINUTEMAN PRESS OF MCH 98466 06/05/2023 Park Signage 100-45-5110 103.13 Vendor MINUTEMAN PRESS OF MCH Total: 815.68 Vendor: MITSUBISHI ELECTRIC POWER PRODUCTS INC MITSUBISHI ELECTRIC POWER CPSD-M0013017 06/05/2023 Building UPS Preventative 620-00-5110 4,162.00 Vendor MITSUBISHI ELECTRIC POWER PRODUCTS INC Total: 4,162.00 Vendor: PETROCHOICE LLC PETROCHOICE LLC 51201413 04/30/2023 Fuel - UTY - 51201413 510-35-6250 657.45 PETROCHOICE LLC 51201425 04/30/2023 Fuel - WW - 51201425 510-32-6250 153.27 PETROCHOICE LLC 51201426 04/30/2023 Fuel - WTR - 51201426 510-31-6250 30.43 PETROCHOICE LLC 51201428 04/30/2023 Fuel # 51201428 100-45-6250 532.09 PETROCHOICE LLC 51201429 04/30/2023 Fuel - STS - 51201429 100-33-6250 1,209.54 PETROCHOICE LLC 51205398 04/30/2023 Fuel - UTY - 51205398 510-35-6250 69.79 PETROCHOICE LLC 51205408 04/30/2023 Fuel - WW - 51205408 510-32-6250 66.74 PETROCHOICE LLC 51205409 04/30/2023 Fuel - WTR - 51205409 510-31-6250 65.69 PETROCHOICE LLC 51205411 04/30/2023 Fuel - STS - 51205411 100-33-6250 1,091.62 PETROCHOICE LLC 51213790 06/05/2023 Fuel - UTY - 51213790 510-35-6250 552.31 PETROCHOICE LLC 51213799 06/05/2023 51213799 100-03-6250 197.13 PETROCHOICE LLC 51213800 06/05/2023 Fuel - WW - 51213800 510-32-6250 263.76 PETROCHOICE LLC 51213801 06/05/2023 Fuel - WTR - 51213801 510-31-6250 190.41 PETROCHOICE LLC 51213802 06/05/2023 Fuel: 51213802 100-45-6250 502.46 PETROCHOICE LLC 51213803 06/05/2023 Fuel - STS - 51213803 100-33-6250 2,628.63 PETROCHOICE LLC 51213804 06/05/2023 Fuel - Invoice 51213804 100-22-6250 3,646.34 PETROCHOICE LLC 51219342 06/05/2023 Fuel - UTY - 51219342 510-35-6250 568.87 PETROCHOICE LLC 51219351 06/05/2023 51219351 100-03-6250 253.04 PETROCHOICE LLC 51219352 06/05/2023 Fuel - WW - 51219352 510-32-6250 298.52 PETROCHOICE LLC 51219353 06/05/2023 Fuel - WTR - 51219353 510-31-6250 93.90 PETROCHOICE LLC 51219354 06/05/2023 Parks Fuel:51219354 100-45-6250 942.25 PETROCHOICE LLC 51219355 06/05/2023 Fuel - STS - 51219355 100-33-6250 627.58 PETROCHOICE LLC 51219356 06/05/2023 Fuel - 51219356 100-22-6250 2,561.43 PETROCHOICE LLC 51226105 06/05/2023 Fuel - UTY - 51226105 510-35-6250 429.03 PETROCHOICE LLC 51226117 06/05/2023 Fuel - WW - 51226117 510-32-6250 346.85 PETROCHOICE LLC 51226118 06/05/2023 Fuel - WTR - 51226118 510-31-6250 111.86 PETROCHOICE LLC 51226120 06/05/2023 Fuel - STS - 51226120 100-33-6250 725.72 Vendor PETROCHOICE LLC Total: 18,816.71 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 183862 06/05/2023 Commander Badge 100-22-6110 148.00 Vendor PETTIBONE & CO, P F Total: 148.00 5/31/2023 2:32:09 PM 68 Expense Approval Register Packet: APPKT02708 - 6-5-23 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: PIECZYNSKI, LINDA S PIECZYNSKI, LINDA S 139 06/05/2023 Roll Call News 100-22-5450 166.00 Vendor PIECZYNSKI, LINDA S Total: 166.00 Vendor: PITEL SEPTIC INC PITEL SEPTIC INC 23738 06/05/2023 Toilet rentals 100-45-5110 80.00 PITEL SEPTIC INC 23739 06/05/2023 Toilet rentals 100-45-5110 560.00 Vendor PITEL SEPTIC INC Total: 640.00 Vendor: PROSHRED SECURITY PROSHRED SECURITY 1164924 06/05/2023 Monthly Shredding 100-22-5110 77.05 Vendor PROSHRED SECURITY Total: 77.05 Vendor: RAY SCHRAMER & COMPANY RAY SCHRAMER & COMPANY 164222 06/05/2023 Sanitary Riser Rings #164222 510-32-6110 2,562.80 Vendor RAY SCHRAMER & COMPANY Total: 2,562.80 Vendor: ROCK 'N' KIDS INC ROCK 'N' KIDS INC MCHSP23 06/05/2023 Cont - Rock n Kids 100-46-5110 773.50 Vendor ROCK 'N' KIDS INC Total: 773.50 Vendor: SAYERS SAYERS INV9007292 06/05/2023 Netmotion Renewal 620-00-5110 2,878.75 Vendor SAYERS Total: 2,878.75 Vendor: SCHOPEN PEST SOLUTIONS INC SCHOPEN PEST SOLUTIONS INC 66164 06/05/2023 66164 100-03-5120 167.00 Vendor SCHOPEN PEST SOLUTIONS INC Total: 167.00 Vendor: SHAW MEDIA SHAW MEDIA 2069901 04/30/2023 1-Ton Plow Dump Truck Bid 100-33-6110 160.22 SHAW MEDIA 2069912 04/30/2023 3 PW Vehicle Bid Notices 510-31-6110 158.88 SHAW MEDIA 2069920 04/30/2023 3 PW Vehicle Bid Notices 510-31-6110 157.54 SHAW MEDIA 2069926 04/30/2023 3 PW Vehicle Bid Notices 510-31-6110 158.88 Vendor SHAW MEDIA Total: 635.52 Vendor: SIRCHIE FINGER PRINT LABORATORIES SIRCHIE FINGER PRINT 0588518-IN 04/30/2023 Evidence Supplies 100-22-6210 31.35 Vendor SIRCHIE FINGER PRINT LABORATORIES Total: 31.35 Vendor: SITEONE LANDSCAPE SUPPLY, LLC SITEONE LANDSCAPE SUPPLY, 129819839-001 06/05/2023 Irrigation supplies: Milller Point 100-45-6110 172.56 Vendor SITEONE LANDSCAPE SUPPLY, LLC Total: 172.56 Vendor: STATE TREASURER STATE TREASURER 63433 06/05/2023 Traffic Signal Maintenance 100-33-5110 11,320.63 Vendor STATE TREASURER Total: 11,320.63 Vendor: SZKLARZEWSKI, KAYLEE SZKLARZEWSKI, KAYLEE 1223-181 06/05/2023 Instructor Fee Spring Golf 100-47-5110 520.00 Vendor SZKLARZEWSKI, KAYLEE Total: 520.00 Vendor: TKB ASSOCIATES, INC TKB ASSOCIATES, INC 14927 06/05/2023 Laserfiche Site License 620-00-5110 36,565.00 Vendor TKB ASSOCIATES, INC Total: 36,565.00 Vendor: TODAY'S UNIFORMS TODAY'S UNIFORMS 236712 06/05/2023 Uniform Order - Cruz 100-22-4510 34.00 TODAY'S UNIFORMS 237300 06/05/2023 Uniform Order - Szoke 100-22-4510 151.90 TODAY'S UNIFORMS 237404 06/05/2023 Uniform Order - Martinez 100-22-4510 219.95 Vendor TODAY'S UNIFORMS Total: 405.85 Vendor: TOPS IN DOG TRAINING CORP TOPS IN DOG TRAINING CORP 25988 06/05/2023 K9 Food/Training 100-22-6310 414.20 Vendor TOPS IN DOG TRAINING CORP Total: 414.20 Vendor: TRAFFIC CONTROL & PROTECTION INC TRAFFIC CONTROL & 114822 06/05/2023 Honorary Street Sign 100-33-6110 262.05 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 262.05 5/31/2023 2:32:09 PM 69 Expense Approval Register Packet: APPKT02708 - 6-5-23 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: UPLAND CONSTRUCTION & MAINTENANCE LLC UPLAND CONSTRUCTION & 1272 06/05/2023 Concrete repairs 100-45-5110 7,800.00 Vendor UPLAND CONSTRUCTION & MAINTENANCE LLC Total: 7,800.00 Vendor: USA BLUEBOOK USA BLUEBOOK 346248 06/05/2023 USA BlueBook Level 510-31-6110 632.50 Vendor USA BLUEBOOK Total: 632.50 Vendor: VICTOR FORD, INC VICTOR FORD, INC 170557 06/05/2023 314 (170557) 100-22-5370 283.76 VICTOR FORD, INC 170692 06/05/2023 130 (170692) 100-45-5370 109.90 VICTOR FORD, INC 170787 06/05/2023 323 (170787) 100-22-5370 93.13 Vendor VICTOR FORD, INC Total: 486.79 Vendor: VILLAGE OF LAKE IN THE HILLS VILLAGE OF LAKE IN THE HILLS 2023-50000083 06/05/2023 Trip - Japanese Gardens/Tea 100-46-5110 562.24 Vendor VILLAGE OF LAKE IN THE HILLS Total: 562.24 Vendor: VISIT MCHENRY COUNTY VISIT MCHENRY COUNTY MCH023 06/05/2023 Annual Dues 200-00-5110 12,000.00 Vendor VISIT MCHENRY COUNTY Total: 12,000.00 Grand Total: 267,343.42 5/31/2023 2:32:09 PM 70 Expense Approval Register Packet: APPKT02708 - 6-5-23 RECT INV Fund Summary Fund Expense Amount 100 - GENERAL FUND 94,549.39 200 - TOURISM FUND 12,000.00 400 - RECREATION CENTER FUND 1,108.90 510 - WATER/SEWER FUND 110,196.67 620 - INFORMATION TECHNOLOGY FUND 49,488.46 Grand Total: 267,343.42 71 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: June 5, 2023 City Council Meeting FROM: Cody Sheriff, City Planner RE: Ordinance granting a Use Variation and Zoning Variation for the property located at 1407 N Court Street. ATT: 1. Unapproved Planning and Zoning Commission Minutes dated May 17, 2023 2. Planning & Zoning Commission Staff Report & Petitioner’s Application Packet 3. Ordinance granting a Use Variation and Zoning Variations for the Property Located at 1407 N Court Street. AGENDA ITEM SUMMARY: The City of McHenry is seeking approval of a Use Variance and Zoning Variations to accommodate the existing 2-unit multifamily dwelling at 1407 N Court Street. The request was initiated on behalf of the property owner by the City of McHenry. BACKGROUND & ANALYSIS: As the City Council may recall from properties such as 1508 N Green Street, 1410 N Riverside Drive, etc., the City has been working with property owners of nonconforming residential uses that have existed between 10-20 years or more to bring them into compliance with the Zoning Ordinance. According to the township assessor’s records, the building was first constructed in 1900 with the 2nd unit constructed in 1958 as a single-bedroom unit. The oldest verifiable record of a multifamily dwelling on the property was for a roofing permit issued on May 15, 2001 (22 years). The property owner claims that according to the post office, the 2nd dwelling has existed since around 1956 – which is consistent with the timeframe of the construction of the addit ion. The property has satisfied the City’s standards based on prior cases for allowing the continuation of the existing use given the longevity of operations. 72 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org PLANNING & ZONING COMMISSION DISCUSSION & RECOMMENDATION: A Planning & Zoning Commission public hearing was held on May 17, 2023. There were no objectors present at the hearing. The Planning & Zoning Commission unanimously voted to recommend approval of the request. If the City Council concurs, it is recommended the attached ordinance granting a Use Variation and Zoning Variations for the property located at 1407 N Court Street be approved. (City Council vote-simple majority). 73 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning & Zoning Commission Minutes from May 17, 2023 File No. Z-2023-09 Petitioner: City of McHenry of 333 S Green St, McHenry, IL Use Variation and Zoning Variations to Accommodate the Existing 2-Unit Dwelling at 1407 N Court Street Chairwoman Rockweiler opened the file at 7:01 p.m. Planner Sheriff explained that the petitioner has meet all public notice requirements. It was explained that the property owner tried to take out financing on the property, but research showed it was non- conforming. The City notified the property owner that it has been trying to get these non- conforming properties all straightened out, and we are now ready to proceed. The property is currently zoned RS-4. It has been a 2-unit dwelling since 1958. Upgrades have been done over the years and it is up to code. The property is occupied by the property owner, and the second unit is used as a short-term rental. Based on how long the property use has been in existence, it does not appear that there will be any adverse impacts on the surrounding property. The City has also established a legal precedent by allowing other properties nearby to be approved with similar circumstances. Chairwoman Rockweiler opened the hearing part of the meeting at 7:04 p.m. With nobody wanting to testify, she closed the hearing at 7:05 p.m. All members of the Commission were in agreement that this is a logical request, and none had any issues moving forward. A motion was made by Commissioner Lehman and seconded by Commissioner Bremer to recommend approval of the City’s request for a Use Variation to accommodate the existing 2-unit dwelling and approval of the City’s requests for the following Zoning Variations for the property commonly known as 1407 Court Street: 1. Variation to allow a minimum lot area of 8,828.82 SF in lieu of the required 10,000 SF. 2. Variation to allow a minimum lot width of 66’ in lieu of the required 100 feet. 3. Variation to allow a front yard depth of 19.93’ in lieu of the required 25 feet. 74 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 4. Variation to allow a interior side yard setback of 0.15’ in lieu of the required 6’ to accommodate the existing attached garage. 5. Any other variations necessary to accommodate the existing 2-unit dwelling. AND by making said motion, I agree with staff’s assessment that the approval criteria for Use Variances listed in §11-19-6 and Zoning Variances listed in §11-19-5 have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Locke, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Riley. Motion Carried. The hearing for file Z-2023-09 was closed at 7:07 p.m. 75 76 77 78 Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The City of McHenry is seeking approval of a Use Variance and Zoning Variations to accommodate the existing 2-unit multifamily dwelling at 1407 N Court Street. The request was initiated on behalf of the property owner by the City of McHenry. Based on the existing structures, the property will need to receive approval of the following variations: 1. Variation to allow a minimum lot area of 8,828.82 SF in lieu of the required 10,000 SF. 2. Variation to allow a minimum lot width of 66’ in lieu of the required 100 feet. 3. Variation to allow a front yard depth of 19.93’ in lieu of the required 25 feet. 4. Variation to allow a interior side yard setback of 0.15’ in lieu of the required 6’ to accommodate the existing attached garage. 5. Any other variations necessary to accommodate the existing 2-unit building and accessory structures. This process began when the Community Development Department was contacted by a financial institution inquiring about a zoning verification request of the 2-unit dwelling. It was at that time staff informed the institution and the property owner of the nonconforming status of the dwelling. Nonconforming structures (typically) are not insured by financial institutions since they cannot be re-established if damaged or destroyed. According to the township assessor’s records, the building was first constructed in 1900. According to building permit records, the addition that is identified as Unit 2B was constructed in 1958 as a single-bedroom unit. The oldest verifiable record of a multifamily dwelling on the property was for a roofing permit issued on May 15, 2001 (22 years). The property owner claims that according to the post office, the 2nd dwelling has existed since around 1956 – which is consistent with the timeframe of the construction of the addition. Nevertheless, the property has satisfied the City’s standards based on prior cases for grandfathering the existing use given the longevity of operations. As the Commission may recall from properties such as 1508 N Green Street, 1410 N Riverside Drive, etc., the City has been working with property owners of nonconforming residential uses that have existed between 10- 20 years or more to bring them into compliance with the Zoning Ordinance. The City may have established a legal precedence by approving properties such as 1508 N Green, and 1410 N Riverside Drive for multifamily dwellings within the vicinity of the subject property and it is highly recommended the Commission approve said request. The public hearing process still allows the City to require site specific upgrades when necessary and provides an opportunity for the Commission to address valid concerns of neighboring property owners that may be mitigated through interventions such as landscaping and screening. In this instance, staff does not anticipate any interventions are necessary given the longevity of the use. According to City records, there have been no active enforcements on the property in the past 10 years and the building appears to be in compliance with building code. 79 CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS CURRENT LAND USE & ZONING The property is currently zoned RS-4 High Density Single Family Residential District. Two-unit dwellings are not permitted within the RS-4 district and it is therefore considered nonconforming. All parking must be accommodated on site. An existing gravel apron located in the public right-of-way allows for up to two additional parking spaces. The City Police Department has historically allowed overnight parking so long as the cars are not physically located on the asphalt roadway. The property owner has been made aware that the parking spaces are considered public and the property is not permanently entitled to said parking spaces. Although the City does not have any plans to reconfigure or remove said gravel parking areas, the property owner has been made aware that this could change in the future. Given the longevity of the use of the property as a two-unit dwelling for over 20 years, staff does not anticipate that approval would generate any adverse impacts on the surrounding property owners. Regarding the variance requests, given that the existing structures have existed since 1958, staff does not anticipate that approval of the requests would generate any negative impacts on the surrounding property owners. FUTURE LAND USE MAP RECOMMENDATION The City’s Future Land Use Map recommends medium-density land use (4-9 dwelling units per acre). The subject property currently contains a ratio 9.87 dwelling units per acre which is almost consistent with the future land use map recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • Land Use, Objective – “Promote development that blends with existing development in the area especially if located within a unique sub-area.” (p. 29) Several properties within the area (1508 N Green, 1507 N Green, and 1410 N Riverside Drive, etc.) are 2–3-unit multifamily properties. Approval of the request would be consistent with other properties within the vicinity of the subject property. STAFF SUMMARY ANALYSIS • Staff is recommending approval of the request given the longevity of the use of the property for over 20 years as a 2-unit multifamily dwelling. • The existing structures have been established since at least 1958 and therefore staff does not anticipate that approval of the requested variances would generate any adverse impacts on the surrounding property owners. 80 • The City may have established a legal precedent of allowing multifamily dwellings under similar circumstance and therefore staff recommends approval. If the Planning & Zoning Commission agrees with staff’s assessment, then the following motion is recommended: MOTION: I motion to recommend approval of the City’s request for a Use Variation to accommodate the existing 2-unit dwelling and approval of the City’s requests for the following Zoning Variations for the property commonly known as 1407 Court Street: 1. Variation to allow a minimum lot area of 8,828.82 SF in lieu of the required 10,000 SF. 2. Variation to allow a minimum lot width of 66’ in lieu of the required 100 feet. 3. Variation to allow a front yard depth of 19.93’ in lieu of the required 25 feet. 4. Variation to allow a interior side yard setback of 0.15’ in lieu of the required 6’ to accommodate the existing attached garage. 5. Any other variations necessary to accommodate the existing 2-unit dwelling. AND by making said motion, I agree with staff’s assessment that the approval criteria for Use Variances listed in §11-19-6 and Zoning Variances listed in §11-19-5 have been met as outlined in the staff report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) Comments of staff italicized below. A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Staff believes the strict application of the provisions of the Zoning Ordinance would result in an unnecessary and undue hardship given the longevity of the use (over 20 years). B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this title for the pertinent zoning district. N/A C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. Staff does believe the request is under special circumstances uniquely for this property because the property has operated for long period of time (over 20 years) as a 2-unit dwelling and has existed in harmony with the surrounding property owners. D. Not Alter Local Character: The granting of the use 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. Staff does not believe approval of the request will generate any adverse impacts on the surrounding area. Other properties within the area (1508 N Green, 1410 N Riverside Drive, etc.) have operated under similar circumstances. E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City. Staff believes the overall request is consistent with the Title and Comprehensive Plan of supporting multifamily development near the Downtown. VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below. 81 A. Special Circumstances Not Found Elsewhere. Staff believes this is an unusual circumstance that impacts only a few properties within the RS-4 Zoning District. B. Circumstances Relate to the Property Only. Staff believes this is a circumstance that would relate to this property and if the property sold to the next property owner. The current property owner purchased the property as a 2-unit dwelling and therefore inherited a nonconforming property. C. Not Resulting From Applicant Action. The applicant did not create the existing 2-unit dwelling which may have existing since 1958. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship since the property has operated in harmony with the surrounding residences for at least 20 years. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Staff believes that without approval, the petitioner would be denied reasonable use and enjoyment of the property. G. Not Alter Local Character: Staff believes approval of the applicant’s request would not substantially alter essential character of the locality nor have any other adverse impacts given the longevity of the use of the property as a 2-unit dwelling for at least 20 years. H. Consistent With Title And Plan: Staff believes the proposal is appropriate given its proximity to the downtown which is consistent with the Comprehensive Plan recommendation for increasing overall density in the downtown. I. Minimum Variance Recommended: Staff believes the proposed variance requests are the minimum required. Attachments: • Petitioner’s Application and attachments • Receipt of publication of legal notice 82 Public Hearing Application Packet Page 5 of 22 File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 1. Name of Applicant: City of McHenry Tel 815-363-2181 Address: 333 S Green Street, McHenry, IL 60050 Email ____csheriff@cityofmchenry.org _________________________________________________ 2. Name of Property Owner (1407 N Court St): Ronald M and Elizabeth L Sowinski (If other than Applicant) Address: 1407 N Court Street, McHenry, IL 60050 3. Name of Property Owner (1507 N Green Street): Melissa L and Eric J Gasmann (If other than Applicant) Address: 2712 Rose Avenue, McHenry, IL 60050 4. Name of Engineer Tel (If represented) Address Fax Email ______________________________________________________ 5. Name of Attorney Tel (If represented) Address Fax Email______________________________________________________ 6. Common Address or Location of Property: 1507 N Green Street, McHenry, IL 60050; 1407 N Court Street, McHenry, IL 60050 7. PIN#(s): _09-26-402-029 (1507 N Green Street), and 09-26-406-009 (1407 N Court Street) 8. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) X Zoning Variance – Minor (Residential) Conditional Use Permit Zoning Text Amendment Zoning Variance (Non-residential) X Use Variance FORM A 83 Public Hearing Application Packet Page 6 of 22 NARRATIVE Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested. The narrative description may also be included as a separate attachment. The City of McHenry has initiated a rezoning application on behalf of the property owners of 1407 N Court Street and 1507 N Green Street. This is part of the City’s continued efforts to bring properties into compliance with the Zoning Ordinance. The City is requesting approval of a Use Variance to allow a 2- unit dwelling at 1407 N Court Street and a 2-unit dwelling and detached Coach House at 1507 N Green Street. The City is also requesting Zoning Variations to accommodate all existing structures. The property at 1507 N Green Street consists of a 2-unit dwelling and detached coach house. City water billing records indicate that the property has operated as a 2-unit dwelling and detached coach house for at least 10 years (farthest City records go back). The property at 1407 Court Street consists of a single 2-unit dwelling. City water billing records indicate that the property has operated as a 2-unit dwelling for at least 10 years. The Property Owner has indicated that according to the post office, the property has had 2 addresses listed since at least 1956. 84 Public Hearing Application Packet Page 7 of 22 Current Use of Property 1507 N Green Street – residential 2-unit dwelling, and detached coach house; 1407 N Court Street – residential 2-unit dwelling. 9. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning Map) RS-4 High Density Single-Family Residential 10. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map) North: RS-4 High Density Single-Family Residential South: RS-4 High Density Single-Family Residential East: RS-4 High Density Single-Family Residential West: RS-4 High Density Single-Family Residential 11. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee (amount) $ 2. Narrative Description of Request 3. FORM A – Public Hearing Application 4. FORM B – Zoning Map Amendment (Rezoning) Application 5. FORM C – Conditional Use Application 6. FORM D – Zoning Variance Application 7. FORM E – Use Variance Application 7. FORM F – Planned Unit Development Application 7. FORM G – Subdivision/Plat Development 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 12. Sign (Provided by the City) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis 85 Public Hearing Application Packet Page 8 of 22 12. 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 owni ng 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. 13. 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 City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) 86 Public Hearing Application Packet Page 9 of 22 AFFIDAVIT OF COMPLIANCE WITH PUBLIC NOTICE REQUIREMENTS (TO BE COMPLETED AFTER ALL PUBLIC HEARING REQUIREMENTS ARE FULFILLED) The undersigned, being first duly sworn, on oath deposes and states that the attached list of adjoining property owners have been properly notified via First Class Mail or Certified Mail, and all other public notice requirements provided in the City of McHenry Zoning Ordinance have been met in connection with the current application before the City of McHenry. Filed by: Cody Sheriff, City Planner 333 S. Green Street, McHenry, IL 60050 For approval of: See attached notice. ______________________________________ (Applicant’s Signature) ______________________________________ (Applicant’s Name and Address) ______________________________________ Subscribed and sworn to before me this ___ ______ day of ___________, 2023. __________ Notary Public REQUIRED ATTACHMENT: List of Adjoining Property Owners & Legal Notice Publication 87 Public Hearing Application Packet Page 13 of 22 FORM D File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 §11-19-5 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. 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. The subject properties have operated for over ten years, most likely longer based on post office records. Staff believes this is a special circumstance given the longevity of the use of the properties as multi-unit dwellings. 88 Public Hearing Application Packet Page 14 of 22 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. 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. The applicants purchased the properties as multi-unit dwellings and were unaware of the nonconforming status of the dwellings. Most of the units are occupied by existing tenants. Denial of the request would not only impact the property owner but also significantly impact the existing tenants that live in the dwellings. Staff believes the zoning variations are necessary to allow the continued operation as multi-unit dwellings. 89 Public Hearing Application Packet Page 15 of 22 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. 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 in conditions since their adoption. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. Other properties such as 1508 N Green Street are multi-unit dwellings. Approval of the requests would not be out of character with the surrounding neighborhood. Staff believes the request is consistent with brining long outstanding properties into compliance with the zoning ordinance while offering a variety of housing opportunities near the downtown area. Staff believes the variance requests are the minimum necessary. 90 Public Hearing Application Packet Page 16 of 22 FORM E File Number USE VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 §11-19-6 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a use 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.Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in u nnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 2.Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. 3.Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. Staff believes denial of the request would create a significant and undue hardship upon the property owners. Denial of the request would have a significant impact on the wellbeing of the existing tenants. Staff believes the requests are a result of a unique circumstance related to the longevity of the use of the properties as multi-unit dwellings for over ten years. 91 Public Hearing Application Packet Page 17 of 22 4.Not Alter Local Character The granting of the use 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. 5.Consistent with Comprehensive Plan The granting of the use 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. Several other properties within the area including 1508 N Green Street , which was recently approved for a 2-unit dwelling and detached coach house, operate as multi-unit dwellings. Approval of the request would be consistent with other properties within the vicinity of the subject property. Staff believes the requests are consistent with the Comprehensive Plan to support multiple housing opportunities and increasing density within the downtown area. 92 1507 N Green Street Copyright County of McHenry 2023. All information is provided 'as-is' with no guarantee of accuracy, completeness, or currency. Page 1 of 1 93 1407 Court Street Copyright County of McHenry 2023. All information is provided 'as-is' with no guarantee of accuracy, completeness, or currency. Page 1 of 1 94 95 PUBLIC HEARING NOTICE FILE Z-2023-09 – 1407 N Court Street FILE Z-2023-10 – 1507 N Green Street Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 7:00 P.M. on Wednesday, May 17, 2023 to consider an application by The City of McHenry of 333 S. Green Street, McHenry, IL 60050 (“Applicant”) on behalf of the property owners of 1407 N Court Street and 1507 N Green Street, McHenry, IL 60050 for the following requests in accordance with the City of McHenry Zoning Ordinance: A Use Variance to accommodate the existing 2-unit dwelling at 1407 Court Street, a Use Variance to accommodate the existing 2-unit dwelling and detached coach house at 1507 N Green Street, and any other zoning variations necessary to accommodate the existing 2-unit dwelling at 1407 Court Street and the 2-unit dwelling and detached coach house at 1507 N Green Street. Location: The property commonly known as 1407 N Court Street consists of approximately 0.20 acres, more or less, and is located approximately 160 feet southwest of the intersection of Court Street and Broad Street in the City of McHenry, Illinois. The property commonly known as 1507 N Green Street consists of approximately 0.45 acres, more or less, and is located approximately 155 feet southwest of the intersection of Washington Street and N Green Street in the City of McHenry, Illinois. PIN(s): 09-26-402-029 (1507 N Green Street), and 09-26-406-009 (1407 N Court Street). The property is currently zoned: RS -4 High Density Single Family Residential A copy of the application is on file and may be examined during regular business hours in the Community Development Department, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, and (815) 363-2170. An electronic copy of the application can be viewed on the City’s website at www.cityofmchenry.org/currentdevelopments. Questions regarding this application can be directed to Cody Sheriff, City Planner at 815-363-2181 or csheriff@cityofmchenry.org. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois. ___________________________________ /s/ Stacy Rockweiler Chairwoman, Planning and Zoning Commission 96 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 23- ORDINANCE GRANTING A USE VARIATION AND ZONING VARIATIONS FOR THE PROPERTY LOCATED AT 1407 N COURT STREET 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 City of McHenry, (“APPLICANT”), on behalf of the property owner, requesting approval of a use variation and zoning variations for the property commonly known as 1407 N Court Street, legally described on “EXHIBIT A”, attached hereto and incorporated herein, “SUBJECT PROPERTY”; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on May 17, 2023 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the City Council the granting of the requested Use Variation and Zoning Variations; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the request is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals, and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted approval of a Use Variation to accommodate the existing 2-unit dwelling. SECTION 2: In granting said Use Variation, the City Council finds that the approval criteria for Use Variances listed in §11-19-6 of the City of McHenry Zoning Ordinance have been met. SECTION 3: That the SUBJECT PROPERTY is hereby granted approval of the following Zoning Variations: 97 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 1. 1. Variation to allow a minimum lot area of 8,828.82 SF in lieu of the required 10,000 SF. 2. 2. Variation to allow a minimum lot width of 66’ in lieu of the required 100 feet. 3. 3. Variation to allow a front yard depth of 19.93’ in lieu of the required 25 feet. 4. 4. Variation to allow a interior side yard setback of 0.15’ in lieu of the required 6’ to accommodate the existing attached garage. 5. 5. Any other variations necessary to accommodate the existing 2-unit dwelling. SECTION 4: In granting said Zoning Variations, the City Council finds that the approval criteria for Zoning Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 5: 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 6: 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 5th day of June, 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 98 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT A Legal Description LOT 5 IN BLOCK 14 OF THE ORIGINAL PLAT OF THE VILLAGE OF MCHENRY, ON THE WEST SIDE OF THE FOX RIVER, ACCORDING TO THE PLAT THEREOF RECORDED IN THE RECORDER’S OFFICE OF MCHENRY COUNTY, ILLINOIS, IN BOOK B OF DEEDS ON PAGE 160, SAID BLOCK BEING LOCATED IN AND BEING A PART OF THE SOUTHEAST FRACTIONAL QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, OF RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND SITUATED, LYING AND BEING IN THE CITY OF MCHENRY, IN THE COUNTY OF MCHENRY, ILLINOIS 99 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: June 5, 2023 City Council Meeting FROM: Cody Sheriff, City Planner RE: Ordinance granting a Use Variation and Zoning Variations for the property located at 1507 N Green Street. ATT: 1. Unapproved Planning and Zoning Commission Minutes dated May 17, 2023 2. Planning & Zoning Commission Staff Report & Petitioner’s Application Packet 3. Ordinance granting a Use Variation and Zoning Variations for the Property Located at 1507 N Green Street AGENDA ITEM SUMMARY: The City of McHenry is seeking approval of a Use Variance and Zoning Variations to accommodate the existing 2-unit multifamily dwelling and detached coach house at 1507 N Green Street. The request was initiated on behalf of the property owner by the City of McHenry. BACKGROUND & ANALYSIS: As the City Council may recall from properties such as 1508 N Green Street, 1410 N Riverside Drive, etc., the City has been working with property owners of nonconforming residential uses that have existed between 10-20 years or more to bring them into compliance with the Zoning Ordinance. According to the township assessor’s records, the building was first constructed in 1900. Historic aerial photography clearly illustrates the existing structures in 1961. The oldest ve rifiable record of a multifamily dwelling on the property was for a roofing permit issued on April 26, 1991 (32 years). Based on these records, staff believes the existing multifamily dwellings have operated for at least 32 years. Staff does not know whether the detached coach house or 2-unit dwelling existed concurrently or if they were established at later times. The property has satisfied the 100 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org City’s standards based on prior cases for allowing the continuation of the existing use given the longevity of operations. PLANNING & ZONING COMMISSION DISCUSSION & RECOMMENDATION: A Planning & Zoning Commission public hearing was held on May 17, 2023. There were no objectors present at the hearing. The Planning & Zoning Commission unanimously voted to recommend approval of the request. If the City Council concurs, it is recommended the attached ordinance granting a Use Variation and Zoning Variations for the property located at 1507 N Green Street be approved. (City Council vote-simple majority). 101 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning & Zoning Commission Minutes from May 17, 2023 File No. Z-2023-10 Petitioner: City of McHenry of 333 S Green St, McHenry, IL Use Variation and Zoning Variations to Accommodate the Existing 2-Unit Dwelling and Detached Coach House at 1507 N Green Street Chairwoman Rockweiler opened the file at 7:08 p.m. Planner Sheriff explained that all public notice requirements have been met. This issue is similar to the previous one with a detached coach house with a 2-unit dwelling. The property is in compliance with the comprehensive plan. The property is up to code and a recent siding upgrade has been done. The property has been used as it currently exists for at least 32 years, and no issues or adverse impacts are expected. Chairwoman Rockweiler opened the hearing part of the meeting at 7:09 p.m. With nobody wanting to testify, she closed the hearing at 7:10 p.m. No Commission members had any issue with the proposal. A motion was made by Commissioner Bremer and seconded by Commissioner Gleason to recommend appr oval of the City’s request for a Use Variation to accommodate the existing 2-unit dwelling and detached coach house and approval of the City’s requests for the following Zoning Variations for the property commonly known as 1507 N Green Street: 1. Variation to allow a minimum lot width of 66’ in lieu of the required 150 feet. 2. Variation to allow two (2) principal structures on a single lot. 3. Any other variations necessary to accommodate the existing 2-unit dwelling and detached coach house. AND by making said motion, I agree with staff’s assessment that the approval criteria for Use Variances listed in §11-19-6 and Zoning Variances listed in §11-19-5 have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Locke, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Riley . Motion Carried. Chairwoman Rockweiler closed File Z-2023-10 at 7:11 p.m. 102 103 104 105 Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The City of McHenry is seeking approval of a Use Variance and Zoning Variations to accommodate the existing 2-unit multifamily dwelling and detached coach house at 1507 N Green Street. The request was initiated on behalf of the property owner by the City of McHenry. Based on the existing structures, the property will need to receive approval of the following variations: 1. Variation to allow a minimum lot width of 66’ in lieu of the required 150 feet. 2. Variation to allow two (2) principal structures on a single lot. 3. Any other variations necessary to accommodate the existing 2-unit dwelling and detached coach house. According to the township assessor’s records, the building was first constructed in 1900. Historic aerial photography clearly illustrates the existing structures in 1961. The oldest verifiable record of a multifamily dwelling on the property was for a roofing permit issued on April 26, 1991 (32 years). Based on these records, staff believes the existing multifamily dwellings have operated for at least 32 years. Staff does not know whether the detached coach house or 2-unit dwelling existed concurrently or if they were established at later times. As the Commission may recall from properties such as 1508 N Green Street, 1410 N Riverside Drive, etc., the City has been working with property owners of nonconforming residential uses that have existed between 10- 20 years or more to bring them into compliance with the Zoning Ordinance. The City may have established a legal precedence by approving properties such as 1508 N Green Street, and 1410 N Riverside Drive for multifamily dwellings within the vicinity of the subject property. For this reason, it is highly recommended the Commission approve said request. The public hearing process allows the City to require site specific upgrades when necessary and provides an opportunity for the Commission to address valid concerns of neighboring property owners that may be mitigated through interventions such as landscaping and screening. In this instance, staff does not anticipate any interventions are necessary to accommodate the existing use and structures. According to City records, there has only been one code enforcement violation for work performed without a permit (siding) but it has since been resolved. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. 106 STAFF ANALYSIS CURRENT LAND USE & ZONING The property is currently zoned RS-4 High Density Single Family Residential District. Multifamily dwellings are not permitted within the RS-4 district and it is therefore considered nonconforming. All parking must be accommodated on site. The site appears to be able to easily accommodate an adequate amount of parking on site based on the size of the driveway. Given the longevity of the use of the property as a two-unit dwelling and detached coach house for over 32 years, staff does not anticipate that approval would generate any negative impacts on the surrounding property owners. Regarding the variance requests, given that the existing structures have existed since at least 1961, staff does not anticipate that approval of the requests would generate any negative impacts on the surrounding property owners. FUTURE LAND USE MAP RECOMMENDATION The City’s Future Land Use Map recommends medium-density land use (4-9 dwelling units per acre). The subject property currently contains a ratio 6.67 dwelling units per acre which is consistent with the future land use map recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • Land Use, Objective – “Promote development that blends with existing development in the area especially if located within a unique sub-area.” (p. 29) Several properties within the area (1508 N Green, 1507 N Green, and 1410 N Riverside Drive, etc.) are 2–3-unit multifamily properties. Approval of the request would be consistent with other properties within the vicinity of the subject property. STAFF SUMMARY ANALYSIS • Staff is recommending approval of the request given the longevity of the use of the property for over 30 years as a multifamily dwelling and detached coach house. • The existing structures have been established since at least 1961 and therefore staff does not anticipate that approval of the requested variances would generate any adverse impacts on the surrounding property owners. • The City may have established a legal precedent of allowing multifamily dwellings under similar circumstance and therefore staff recommends approval. 107 If the Planning & Zoning Commission agrees with staff’s assessment, then the following motion is recommended: MOTION: I motion to recommend approval of the City’s request for a Use Variation to accommodate the existing 2-unit dwelling and detached coach house and approval of the City’s requests for the following Zoning Variations for the property commonly known as 1507 N Green Street: 1. Variation to allow a minimum lot width of 66’ in lieu of the required 150 feet. 2. Variation to allow two (2) principal structures on a single lot. 3. Any other variations necessary to accommodate the existing 2-unit dwelling and detached coach house. AND by making said motion, I agree with staff’s assessment that the approval criteria for Use Variances listed in §11-19-6 and Zoning Variances listed in §11-19-5 have been met as outlined in the staff report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) Comments of staff italicized below. A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Staff believes the strict application of the provisions of the Zoning Ordinance would result in an unnecessary and undue hardship given the longevity of the use (over 30 years). B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this title for the pertinent zoning district. N/A C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. Staff does believe the request is under special circumstances uniquely for this property because the property has operated for long period of time (over 30 years) as a 2-unit dwelling and detached coach house and has existed in harmony with the surrounding property owners. D. Not Alter Local Character: The granting of the use 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. Staff does not believe approval of the request will generate any adverse impacts on the surrounding area. Other properties within the area (1508 N Green, 1410 N Riverside Drive, etc.) have operated under similar circumstances. E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City. Staff believes the overall request is consistent with the Title and Comprehensive Plan of supporting multifamily development near the Downtown. VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes this is an unusual circumstance that impacts only a few properties within the RS-4 Zoning District. B. Circumstances Relate to the Property Only. 108 Staff believes this is a circumstance that would relate to this property and if the property sold to the next property owner. The current property owner purchased the property as a 2-unit dwelling and detached coach house and therefore inherited a nonconforming property. C. Not Resulting From Applicant Action. The applicant did not create the existing 2-unit dwelling and detached coach house which may have existing since 1961. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship since the property has operated in harmony with the surrounding residences for at least 32 years. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Staff believes that without approval, the petitioner would be denied reasonable use and enjoyment of the property. G. Not Alter Local Character: Staff believes approval of the applicant’s request would not substantially alter essential character of the locality nor have any other adverse impacts given the longevity of the use of the property as a 2-unit dwelling and detached coach house for at least 32 years. H. Consistent With Title And Plan: Staff believes the proposal is appropriate given its proximity to the downtown which is consistent with the Comprehensive Plan recommendation for increasing overall density in the downtown. I. Minimum Variance Recommended: Staff believes the proposed variance requests are the minimum required. Attachments: • Petitioner’s Application and attachments • Receipt of publication of legal notice 109 110 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 23- ORDINANCE GRANTING A USE VARIATION AND ZONING VARIATIONS FOR THE PROPERTY LOCATED AT 1507 N GREEN STREET 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 City of McHenry, (“APPLICANT”), on behalf of the property owner, requesting approval of a use variation and zoning variations f or the property commonly known as 1507 N Green Street, legally described on “EXHIBIT A”, attached hereto and incorporated herein, “SUBJECT PROPERTY”; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on May 17, 2023 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the City Council the granting of the requested Use Variation and Zoning Variations; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the request is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public hea lth, safety, morals, and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted approval of a Use Variatio n to accommodate the existing 2-unit dwelling and detached coach house. SECTION 2: In granting said Use Variation, the City Council finds that the approval criteria for Use Variances listed in §11-19-6 of the City of McHenry Zoning Ordinance have been met. SECTION 3: That the SUBJECT PROPERTY is hereby granted approval of the following Zoning Variations: 111 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 1. Variation to allow a minimum lot width of 66’ in lieu of the required 150 feet. 2. Variation to allow two (2) principal structures on a single lot. 3. Any other variations necessary to accommodate the existing 2-unit dwelling and detached coach house. SECTION 4: In granting said Zoning Variations, the City Council finds that the approval criteria for Zoning Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 5: 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 6: 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 5th day of June, 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 112 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT A Legal Description LOTS 5 AND 6 IN BLOCK 11 AND THE EAST HALF OF THE VACATED PORTION OF BACK STREET LYING WEST OF AND ADJOINING SAID LOT 6 IN THE ORIGINAL PLAT OF MCHENRY ON THE WEST SIDE OF THE FOX RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1840 IN BOOK B OF DEEDS, PAGE 150, IN MCHENRY COUNTY, ILLINOIS 113 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: June 5, 2023 City Council Meeting FROM: Cody Sheriff, City Planner RE: Ordinance Granting Various Zoning Text Amendments to the City of McHenry Zoning Ordinance 1. Unapproved Planning & Zoning Commission Meeting Minutes 2. Ordinance Granting Text Amendments To Off Street Parking And Loading In The City Of McHenry Zoning Ordinance AGENDA ITEM SUMMARY: The City of McHenry is requesting approval of the following Zoning Text Amendments: 1. Zoning District Regulations regarding the keeping of apiaries/beekeeping on residential lots. 2. Allowing Automotive Sales in I-1 Industrial District. 3. Allowing Towing Businesses in I-1 Industrial District. BACKGROUND/ANALYSIS: The City was recently approached by a property owner regarding the keeping of hobby apiaries (beekeeping) in McHenry. Although the City does not have any regulations, the City has historically allowed hobby apiaries in residential districts. The proposed text amendments would allow up to two (2) hives on a property 10,000 SF or less with one (1) additional hive allowed for every 10,000 SF thereafter. Hives would be required to be setback a minimum of 25 feet from the property line unless the hive is elevated to 6 feet in height, or some type of barrier is provided that would direct the flight of bees upward. These regulations would match other municipal ordinances such as the City of Crystal Lake. The Community Development Department was recently contacted by a towing business in the City that was looking to relocate to an industrial zoned property. Towing businesses are only permitted to operate in the C-5 Highway Commercial District as a Conditional Use. The City also allows automotive repair and bodywork facilities as permitted uses in the I -1 Industrial District. 114 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 1 Staff is proposing text amendments that would allow towing businesses in the I-1 Industrial district. The Community Development Department has experienced increased calls regarding online automotive sales in the I-1 Industrial District. Other municipalities such as Crystal Lake currently allow them as a permitted use. Staff is proposing text amendments that would allow Motor vehicle sales (no open sales lot) or rental, including cars, trucks, boats, trailers, recreational vehicles, mobile homes, motorcycles, motor scooters and mopeds in the I-1 Industrial District. A traditional open sales lot, such as the Buss Ford Dealership, would remain unchanged and allowed only in the C-5 Highway Commercial District. All outdoor storage would need to comply with the City’s adopted screening regulations. PLANNING & ZONING COMMISSION DISCUSSION & RECOMMENDATION: A Planning & Zoning Commission Public Hearing was held on the requested text amendments on May 17, 2023. The Commission was supportive of the City’s requested text amendments. No objectors were present at the hearing and the Planning & Zoning Commission unanimously voted to recommend approval. If the City Council concurs, it is recommended the attached Ordinance Granting Various Zoning Text Amendments to the City of McHenry Zoning Ordinance be approved (City -Council vote, simple-majority) 115 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 2 Unapproved Planning & Zoning Commission Meeting Minutes dated May 17, 2023 File No. Z-2023-08 Petitioner: City of McHenry Various Zoning Text Amendments to the City of McHenry Zoning Ordinance including Apiculture/Beekeeping, Automotive Sales, and Towing Business Chairwoman Rockweiler opened File No. Z -2023-08 at 7:11 p.m. Planner Sheriff stated that all publication requirements have been met. He explained that the City was contacted by a resident about hobby beekeeping, but no ordinances from the City address beek eeping. Planner Sheriff researched the topic and found that Crystal Lake has an ordinance on file which was used to model McHenry’s ordinance. Towing businesses in the industrial zones was also addressed. The towing companies would target the smaller properties. There is a big rise in auto sales in industrial districts and we currently don’t allow auto sales in industrial. Auto repair is allowed and sales logically follows that pattern. Other communities allow auto sales and repair in industrial and Staff sees no issues with McHenry allowing this as well. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:14 p.m. With nobody wishing to testify, she closed the hearing at 7:14 p.m. Commissioner Bremer asked if there are issues or stipulations if neighbors have a beehive near a family member that may be allergic. Planner Sheriff stated that this is nature and is actually more controlled than bees that may nest on their own. Chairwoman Rockweiler stated that she looked into the issue and found that this causes no more danger than bees out in the general public. Commissioner Locke asked if sales are allowed. Planner Sheriff stated that it could be allowed but each beehive must be registered with the Department of Agriculture. Commissioner Gleason asked about the six foot height requirement. It was discussed that the height of the hive allows bees to fly up and out of the hive so they would not be interacting at the level of people standing on the ground. It was also noted that there is no setback requirement for the hives, but that could be addressed at a later date if problems arise. 116 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 3 A motion was made by Commissioner Lehman and seconded by Commissioner Bremer to recommend approval of text amendments to the City of McHenry Zoning O rdinance as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Locke, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Riley . Motion Carried. Chairwoman Rockweiler closed File Z-2023-08 at 7:20 p.m. 117 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 4 ORDINANCE NO 23- ORDINANCE GRANTING VARIOUS TEXT AMENDMENTS TO THE CITY OF MCHENRY ZONING ORDINANCE 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 by the City of McHenry requesting approval of text amendments to the City of McHenry Zoning Ordinance ; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on May 17, 2023 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the Ci ty Council the granting of the requested text amendments; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the request 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 City of McHenry Zoning Ordinance is hereby amended as follows: “§11-8D-2: Table 2; Permitted and Conditional Uses in Residential Districts Group A: Permitted Uses in all Residential Districts <insert> Apiculture/Beekeeping as an accessory use, subject to the regulations of §11-6- 21 of this title. §11-7-2: Permitted Uses in A-1 District: <insert> Apiculture/Beekeeping 118 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 5 §11-10H-2 Table 2 – Group E: Permitted Uses in I-1 Industrial District <insert> Towing Businesses <insert> Motor vehicle sales (no open sales lot) or rental, including cars, trucks, boats, trailers, recreational vehicles, mobile homes, motorcycles, motor scooters and mopeds. <insert> §11-6-21 Apiculture / Beekeeping a. No more than two hives shall be kept or maintained on every parcel or lot of land under 10,000 square feet in area; provided that for every 10,000 square feet in excess of 10,000 square feet, there may be one additional hive. b. No hive shall be kept or maintained within 25 feet of any property line of the lot or parcel upon which it is situated and no hives are permitted in the front yard or corner side yard. Where a hive is placed within 25 feet of the property line, a six -foot-high barrier or vegetated fence is required to direct the bees flight upward or the hive must be raised six feet high, such as on a roof. c. Hive entrances shall be oriented so as to direct bee flight away from the vicinity of patios, decks, balconies or entrances to living spaces on adjoining properties. d. A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties. e. No Africanized bees may be kept on the property. f. All colonies shall be managed to promote gentleness and mitigate swarming. Any colony exhibiting aggressive behavior without provocation shall be immediately destroyed or re-queened by the beekeeper with a queen bred for gentleness and non-swarming characteristics. g. Proof of registration of the colonies with the State of Illinois Department of Agriculture must be provided.” SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 5th day of June, 2023. 119 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 6 Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 120 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org AGENDA ITEM DATE: June 5, 2023 TO: City Council FROM: Deputy Clerk Monte Johnson RE: Liquor License AGENDA ITEM SUMMARY: A layout of the restaurant is attached. Mayor Jett and Chief Birk met with the applicants and discussed their plans for their business. Background checks have been completed and they are deemed eligible for a liquor license. They will not be requesting video gaming, and have no plans to do so anytime in the near future. Video gaming is not a part of their business plan. The issuance of a license will be contingent upon the issuance of their occupancy permit once construction is completed. This is also contingent upon appointing a qualified manager/agent within sixty days. If approved, an ordinance will need to be passed to increase the number of Class A liquor licenses. RECOMMENDATION: A motion to approve a Class A Liquor License to at 1228 N Green Street, McHenry, IL, subject to the issuance of an occupancy permit and appointing a qualified manager/agent within sixty days, and if approved, to pass an Ordinance Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. 121 122 123 124 125 126 127 128 129 130 131 132 133 134 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA ITEM DATE: June 5, 2023 TO: City Council FROM: Deputy Clerk Monte Johnson RE: McHenry Steki Liquor License AGENDA ITEM SUMMARY: McHenry Steki has applied for a Class A liquor license at 3918 Main Street, the former location of Miller’s Diner. A sample menu is attached. Mayor Jett and Chief Birk met with the applicants and discussed their plans for their business. Background checks have been completed and they are deemed eligible for a liquor license. RECOMMENDATION: A motion to approve a Class A Liquor License to McHenry Steki, LLC at 3918 Main Street, McHenry, IL, and if approved, to pass an Ordinance Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses 135 4•-+4 McHenr License Classification Application Date* 4/26/2023 License Type* A Class"D"(Special EvenY'license has a separate application A B C E F G H License Classifications-Link to classifications list in the City Code Catering Endorsement? Permits the service of alcoholic liquors for consumption,either on-site or off-site.whether the location is licensed or unlicensed,as an incidental part of food service.Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract. No Yes 300 additional fee for Catering Endorsement New/Transfer* New Business Transfer of License Applicant Business Name of Business* Mchenry Steki, LLC Name on License Name to appear on liquor license(if dlfferent than above). Address* 3918 Main Street, McHenry, Illinois 60051 Phone* Email* Type of Business* Sole Proprietor Partnership LLC or Corporation Principal Business Type* Bar Restaurant Retail Store Hotel Gas Station Gaming Parlor Other 136 Video Gaming* Do you intend to apply for video gaming? No Yes A separate application will need to be filled out for video gaming. The issuance of a qualified liquor license in the City of McHenry does not guarantee that a video gaming license will be issued. State of Filing List state of filing for LLC,Corporation,Partnership and Sole Proprietor IL Alcohol Sale Length How long has the business been in the business of selling alcohol?List date. N/A Zoning What Zoning Classification is the business property? Business Location History Date Date on which the business opened or will open at the above Business Location 8/1/2023 Property Ownership Is the property at which the applicant business is located owned or lesed by the applicant? Owned Leased List the property owner information for the leased property. A copy of the property lease agreement must also be submitted. If the property is owned by a land trust,trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. Person or Business Name 3918 Main, LLC Address 9212 Pine Ave,Wonder Lake, IL 60097 Phone Number 8474069770 Email Location Qualifications* Is the location of the applican'ts business for which the license is sought within one hundred feet of any church;schook.hospital.funeral home;home for aged or indigent persons or for veterands and their families or any military or naval station? No Yes Parking How many private property parking spaces are associated with the business location? Business Agent An agent is the authorized representative of the Licensee who has supervisory authority over all employees of the license premises.An agent may be an owner, partner, member, or designated manager. 137 Full Name* Peter Tzimpas Date of Birth* Home Address* Street Address,City,Zip Phone* Citizenship* Birth Naturalization Email* Business History Histo y* Have the applicant(s)(including all 5%or higher owners),corporation;LLC,or partnership ever engaged in the business or sale of alcoholic liquor at any other location? No Yes Business Licensing and Filing Identification ROT# ApplicanYs Retailer's Occupation tax(ROT)Registration Number Delinquency* Has applicant been delinquent in the payment of the Retailer's Occupational Tax(Sales Tax)? No Yes Insurance List the name and address of dram shop insurance company along with the policy numbers for both the applicant business and owner of the building (if leased)in which the alcoholic liquor will be sold for the duration of the license. Insurance Company to come Insurance Company Address Policy Number Owner Insurance Company Northfield Insurance Company Owner Insurance Address 385 Washington Street, St Paul, MN 55102 138 Owner Policy Number Background Questionnaire The following questions are in relation to the McHenry City Liquor Ordinance and Illinois law as it pertains to liquor licensing.All questions must be answered honestly. Failure to do so may disqualify you from the application process. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor;and will you abide by them? Yes No Will you maintain the entire premises in a safe,clean and sanitary manner free from conditions,which might cause accidents? Yes No Will you attempt to prevent rowdiness,fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? Yes No Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit(other than merchandising credit in the ordinary course of business for a period not in excess of 90 days),or is such a person directly or indirectly interested in the ownership,conduct or operation of the place of business? Yes No Have any of the applicants, including all listed agents and partners who have a minimum of a 5%ownership in the business been convicted of any violation of any law pertaining to alcoholic liquors? Liquor Violations?* Yes No Felony/Misdemeanor?* Have any of the applicants,including all listed agents and partners who have a minimum of a 5%ownership in the business been convicted of a felony or misdemeanor? Yes No Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? Yes No Has any owner(s)or member(s)of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager,or director thereof;or, any stockholder owning in the aggregate more than twenty(20)percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? 139 Federal Gaming/Wagering Stamp* Yes No Have you,or any partner, or owner of 5%or more shares of the business or Agent,ever had a liquor license revoked or suspended? Suspension* Yes No Liqour Suspension Information For a large number of suspensions,a separate document may be submitted in lieu of filling out the boxes below. Name Date and Location of Offense Is any individual who is directly or indirectly interested in applicanYs place of business, a law-enforcing official or elected public official(mayor,alderman,and member of any City commission,committee or board)? Official or Officer* Yes No Public Official or Officer Information Name Address Phone Have you ever been convicted of a gambling offense(if a partnership or corporation, include all partners,owners of 5%or more shares of the corporation and the local manager)? Gambling Offense Yes No Ownership Records A List of all owners, partners, stock holders and members must be listed below. In lieu of filling out multiple boxes, additional supporting paperwork may be submitted. Owner Information Name Heidi Jorudd Date of Birth 140 Address Street Address,City,Zip Phone Email Percentage of Ownership 50 Citizenship-Owner Birth Naturalization Name Date of Birth Address Street Address,City,Zip Phone Email Percentage of Ownership 50 Citizenship-Owner Birth Naturalization File Upload Upload supporting documents,certificate of insurance,etc I,the undersigned,being first duly sworn,deposes and says that I(we), have read the above and foregoing Application,caused the answers to be provided thereto and all of the information given on said Application to be true and correct,and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. Signature of Authorized Agent of Corporation r`Ir r r.'/o rr. Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. Date* 4/26/2023 141 142 Monte Johnson Deputy City Clerk 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. REGULAR AGENDA SUPPLEMENT DATE: April 17, 2023 TO: Mayor and City Council FROM: Monte Johnson RE: Video Gaming License Application by McHenry Steki AGENDA ITEM SUMMARY: McHenry Steki LLC has submitted an application for a Class A liquor license. If approved for the liquor license, they would like to obtain a Video Gaming License. They are requesting up to 6 video gaming terminals. This is the location of the former Miller’s Diner, which also held a video gaming license prior to their closure. If approved, they would be required to comply with a Video Gaming Development Agreement that puts certain restrictions on items such as outdoor signage and partitions. RECOMMENDATION: Pending the approval of a Class A liquor license by City Council, a motion should be made to approve or deny a video gaming license to McHenry Steki, LLC at 3918 Main Street, and if approved, to a motion to amend the ordinance limiting the number of video gaming license locations. 143 4•-+4 McHenr The annual license term runs May 1 st through April 30th. The annual license fee payable to the City for a licensed private business shall be$1,000 for each video gaming establishment and$1,000 for each video gaming terminal. Fees for non-for-profit establishments shall be$250 per establishment and$250 for each video gaming terminal. ApplicanYs Mchenry Steki, LLC Corporate Name* Business Address* 3918 Main Street, McHenry, IL 60051 Business Phone#* 8474069770 Email* mchenrysteki@gmail.com Terminals Number of video gaming terminals to be operated(maximum 6) 6 Previous App? Have you made an application for a similar license for premises other than described in this location No Yes License Revoked? Has any license previously issued to you by State,Federal or local authorities been revoked? No Yes Terminal Operator Information The local business is not the terminal operator.The terminal operator is the business that you get your machines from. Name of Operator TBD Address of Operator Phone#of Operator Operator Email Applicant Signature* f f Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. Title Administrative Manager&Member Date* 4/26/2023 144 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA ITEM DATE: June 5, 2023 TO: City Council FROM: Deputy Clerk Monte Johnson RE: Leona’s Liquor License AGENDA ITEM SUMMARY: Leona’s Pizzeria Express of McHenry LLC has applied for a Class A liquor license at 3102 W IL Route 120, the former location of Kojak’s and the Hickory Pit. Mayor Jett and Chief Birk met with the applicants and discussed their plans for their business. Background checks have been completed and they are deemed eligible for a liquor license. RECOMMENDATION: A motion to approve a Class A Liquor License to Leona’s Pizzeria Express of McHenry LLC at 3102 W IL Route 120, McHenry, IL, and if approved, to pass an Ordinance Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses 145 4•-+4 McHenr License Classification Application Date* 4/26/2023 License Type* A Class"D"(Special EvenY'license has a separate application A B C E F G H License Classifications-Link to classifications list in the City Code Catering Endorsement? Permits the service of alcoholic liquors for consumption,either on-site or off-site.whether the location is licensed or unlicensed,as an incidental part of food service.Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract. No Yes 300 additional fee for Catering Endorsement New/Transfer* New Business Transfer of License Applicant Business Name of Business* Leona's Pizzeria Express of McHenry LLC Name on License Name to appear on liquor license(if different than above). Leona's Pizzeria Address* 3102 W. IL Route 120, McHenry, IL 60051 Phone* 602-339-0006 Email* Type of Business* Sole Proprietor Partnership LLC or Corporation 146 Principal Business Type* Bar Restaurant Retail Store Hotel Gas Station Gaming Parlor Other Video Gaming* Do you intend to apply for video gaming? No Yes A separate application will need to be filled out for video gaming. The issuance of a qualified liquor license in the City of McHenry does not guarantee that a video gaming license will be issued. State of Filing List state of filing for LLC,Corporation,Partnership and Sole Proprietor IIl01S Alcohol Sale Length How long has the business been in the business of selling alcohol?List date. This is a new application Zoning What Zoning Classification is the business property? B-3? Business Location History Date Date on which the business opened or will open at the above Business Location 5/1/2023 Property Ownership Is the property at which the applicant business is located owned or lesed by the applicant? Owned Leased List the property owner information for the leased property. A copy of the property lease agreement must also be submitted. If the property is owned by a land trust,trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. Person or Business Name Demos D.Archos as beneficiary and holder of the power of direction of Home State Bank Trust#5386 Address 808 N.John ST., McHenry IL 60050 Phone Number 815-236-3075 Email iver@iverjohnson.com Location Qualifications* Is the location of the applican'ts business for which the license is sought within one hundred feet of any church;schook.hospital.funeral home;home for aged or indigent persons or for veterands and their families or any military or naval station? No Yes 147 Parking How many private property parking spaces are associated with the business location? parking space number on file Business Agent An agent is the authorized representative of the Licensee who has supervisory authority over all employees of the license premises.An agent may be an owner, partner, member, or designated manager. Full Name* William Marino Date of Birth* Home Address* Street Address,City,Zip Phone* Citizenship* Birth Naturalization Email* Business History History* Have the applicant(s)(including all 5%or higher owners),corporation;LLC,or partnership ever engaged in the business or sale of alcoholic liquor at any other location? No Yes Business History Information For a large history,documents can be uploaded in lieu of filling out the fields Name of Person or Business Leona's Pizzeria D/B/A Name Address 1. 1236 E 53rd St, chicago, IL 60615;2.3877 N. Elston,Chicago, IL 60618 Business Licensing and Filing Identification ROT# ApplicanYs Retailer's Occupation tax(ROT)Registration Number 4475-3845 148 Delinquency* Has applicant been delinquent in the payment of the Retailer's Occupational Tax(Sales Tax)? No Yes Insurance List the name and address of dram shop insurance company along with the policy numbers for both the applicant business and owner of the building (if leased)in which the alcoholic liquor will be sold for the duration of the license. Insurance Company Travelers Insurance Company Address Bisnett Insurance, 7272 E Indian School Rd.,#111, Scottsdale,AZ 85251 Policy Number BIP004T676631 Owner Insurance Company Travelers(Owner listed as additional insured on applicanYs policy) Owner Insurance Address Bisnett Insurance,7272 E Indian School Rd.,#111, Scottsdale,AZ 85251 Owner Policy Number BIP004T676631 Background Questionnaire The following questions are in relation to the McHenry City Liquor Ordinance and Illinois law as it pertains to liquor licensing.All questions must be answered honestly. Failure to do so may disqualify you from the application process. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor;and will you abide by them? Yes No Will you maintain the entire premises in a safe,clean and sanitary manner free from conditions,which might cause accidents? Yes No Will you attempt to prevent rowdiness,fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? Yes No Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit(other than merchandising credit in the ordinary course of business for a period not in excess of 90 days),or is such a person directly or indirectly interested in the ownership,conduct or operation of the place of business? 149 Yes No Have any of the applicants, including all listed agents and partners who have a minimum of a 5%ownership in the business been convicted of any violation of any law pertaining to alcoholic liquors? Liquor Violations?* Yes No Felony/Misdemeanor?* Have any of the applicants,including all listed agents and partners who have a minimum of a 5%ownership in the business been convicted of a felony or misdemeanor? Yes No Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? Yes No Has any owner(s)or member(s)of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager,or director thereof;or, any stockholder owning in the aggregate more than twenty(20)percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? Federal Gaming/Wagering Stamp* Yes No Have you,or any partner, or owner of 5%or more shares of the business or Agent,ever had a liquor license revoked or suspended? Suspension* Yes No Liqour Suspension Information For a large number of suspensions,a separate document may be submitted in lieu of filling out the boxes below. Name No suspensions Date and Location of Offense Is any individual who is directly or indirectly interested in applicanYs place of business, a law-enforcing official or elected public official(mayor,alderman,and member of any City commission, committee or board)? Official or Officer* Yes No Public Official or Officer Information Name None Address 150 Phone Have you ever been convicted of a gambling offense(if a partnership or corporation, include all partners,owners of 5%or more shares of the corporation and the local manager)? Gambling Offense Yes No Ownership Records A List of all owners, partners, stock holders and members must be listed below. In lieu of filling out multiple boxes, additional supporting paperwork may be submitted. Owner Information Name William Marino Date of Birth Address Street Address,Clty,Zip Phone Email Percentage of Ownership 100 Citizenship-Owner Birth Naturalization File Upload Upload supporting documents,certificate of insurance,etc A00 for McHenry.pdf 155.37KB Basset.pdf 200.01 KB billy DL Pic.pdf 674.76KB List of Liquor Licenses owned by applicant owner.pdf 7.74K6 Leonas-Lease and assignment Assmt&Assumption-Guaranty et al 1.96MB FE[489272].pdf LEONAS_mchenry_conceptplan_1.0_.pdf 1.21 MB Trust certification Document_2023-04-26_130300.pdf 5.91 MB City of McHenry, Illinois, 333 S Green St, McHenry, IL,60050.pdf 25.76KB I,the undersigned,being first duly sworn,deposes and says that I(we), have read the above and foregoing Application,caused the answers to be provided thereto and all of the information given on said Application to be true and correct,and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. 151 Signature of Authorized Agent of Corporation Sign Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. Date* 4/26/2023 152 ORDINANCE NO. 23- Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses 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, McHenry County, Illinois, as follows: SECTION 1: Section 4-2-6, subsection D-1, of the Municipal Code relating to liquor license classifications, shall be amended as follows: D.1. Class A (Full Bar) License: Issuance of a Class A license shall authorize the sale of alcoholic liquor for consumption on the premises, and the retail sale of packaged liquor. The annual fee for such licenses shall be one thousand five hundred dollars ($1,500.00). A Class A licensee shall be eligible to apply for a catering endorsement for an additional fee of three hundred dollars ($300.00), which shall permit the servicing of alcoholic liquor for off-site consumption as an incidental part of food service, sold at a package price, as agreed upon under contract. Nonprofit organizations with a Class A license shall be eligible to pay a reduced fee of five hundred dollars ($500.00) per year to receive and maintain a Class A license. No more than XX (XX) Class A licenses shall be in force in the City at any time. 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 effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts thereof, in conflict herewith 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, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 5th day of June, 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ 153 Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 154 Monte Johnson Deputy City Clerk 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. REGULAR AGENDA SUPPLEMENT DATE: June 5, 2023 TO: Mayor and City Council FROM: Monte Johnson RE: Video Gaming License Application by Leona’s Pizzeria AGENDA ITEM SUMMARY: Leona’s Pizzeria has submitted an application for a Class A liquor license. If approved for the liquor license, they would like to obtain a Video Gaming License. They are requesting up to 6 video gaming terminals. This is the location of the former Kojak’s and Hickory Pit, which also held a video gaming licenses prior to their closures. If approved, they would be required to comply with a Video Gaming Development Agreement that puts certain restrictions on items such as outdoor signage and partitions. They already have plans to construct video gaming in a separate room, as can be seen on their submitted floor plan. RECOMMENDATION: Pending the approval of a Class A liquor license by City Council, it is recommended to approve a video gaming license to Leona’s Pizzeria Express at 3102 W IL Route 120, and if approved, to a motion to amend the ordinance limiting the number of video gaming license locations. 155 4•-+4 McHenr The annual license term runs May 1 st through April 30th. The annual license fee payable to the City for a licensed private business shall be$1,000 for each video gaming establishment and$1,000 for each video gaming terminal. Fees for non-for-profit establishments shall be$250 per establishment and$250 for each video gaming terminal. ApplicanYs Leona's Pizzeria Express of McHenry LLC Corporate Name* Business Address* 3102 W. IL Route 120, McHenry, IL 60051 Business Phone#* 602-339-0006 Email* Terminals Number of video gaming terminals to be operated(maximum 6) 6 Previous App? Have you made an application for a similar license for premises other than described in this location No Yes Previous Info Provide the date.location of premises and disposition of the previous application. William Marino,the owner of Applicant is also the owner of LEONA'S PIZZERIA EXPRESS OF LYONS LLC-which has a pending video gaming application with the IL Gaming Board. The pending license number is 230700832 with an application date of 03/24/2023. License Revoked? Has any license previously issued to you by State,FederaL or local authorities been revoked? No Yes Terminal Operator Information The local business is not the terminal operator.The terminal operator is the business that you get your machines from. Name of Operator Great American Gaming, LLC Address of Operator 1939 N. State St., Belvidere, IL 61008 Phone#of Operator 815- 978-9550 Operator Email paul@ga-gaming.com Applicant Signature* 4 a fo Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability.156 Title Owner Date* 5/9/2023 157 ORDINANCE NO. 23- Amending Title 4, Chapter 6, Video Gaming Terminals, Editing Section 4-6-8, Subsection A – Number of Licenses, of the McHenry City Code 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, McHenry County, Illinois, as follows: SECTION 1: Title 4, Chapter 6, Video Gaming Terminals, Section 4-6-8, Subsection A - Number of Licenses, of the Municipal Code shall be amended as follows: 4-6-8: Number of Licenses A. The total number of location licenses for video gaming terminals issued under this chapter shall not exceed XX. 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 effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts thereof, in conflict herewith 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, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 5th day of June, 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 158 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: June 5, 2023 City Council Meeting FROM: Cody Sheriff, City Planner RE: Consideration of and action on ordinance authorizing an annexation agreement with Land Reserves LLC.; approval of an ordinance annexing a 110 acre property located North of State Route 120 and East of Chapel Hill Road; approval of an ordinance granting preliminary and final Plat of Subdivision approval for McHenry Lakes Business Park Subdivision; and approval of an ordinance granting a Zoning Map Amendment, Variations, and Conditional Use Permit for Earth Extraction, processing, asphalt/concrete recycling, and outdoor storage for the construction of a lake in conjunction with a gravel pit. ATT: 1. Unapproved Planning and Zoning Commission Minutes dated January 18, 2023 2. Planning & Zoning Commission Staff Report & Petitioner’s Application Packet 3. An Ordinance Authorizing the Execution of an Annexation Agreement Between the City of McHenry and Land Reserves, LLC with respect to 110 Acres Located North of State Route 120 and East of Chapel Hill Road 4. An Ordinance Annexing to the City of McHenry 110 Acres Located North of State Route 120 And East of Chapel Hill Road 5. An Ordinance Granting Approval of a Preliminary and Final Plat of Subdivision of McHenry Lakes Business Park Subdivision in the City of McHenry, McHenry County, Illinois 6. Ordinance Granting a Zoning Map Amendment, Zoning Variations, and Conditional Use Permit for Earth Extraction, Earth Materials Process Operations, Asphalt/Concrete Recycling Operations, and Outdoor Storage Associated with the Operation of a Gravel Pit and Construction of a Lake 159 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AGENDA ITEM SUMMARY: The petitioner, Land Reserves LLC. (Super Aggregates), is requesting approval of the following zoning items on an approximate 110-acre tract of land located in unincorporated McHenry County prior to annexation in order to accommodate the operation of a gravel pit: 1. Preliminary and Final Plat of McHenry Lakes Business Park Subdivision 2. Zoning Map Amendment Lot 1 (fronting IL-120) to C -5 Highway Commercial District 3. Zoning Map Amendments Lot 2 (Aggregate mining operation area) to RS-1 Low Density Single Family Residential District with an AM Agriculture & Mining Overlay 4. Conditional Use Permit for Earth Extraction, Processing, asphalt/concrete recycling, and outdoor storage for the construction of a lake. 5. Zoning Variations: a. Berm Height: 6-8’ in lieu of 10’ required. b. Mining Operations Other Than Crushing – Setback Distance: between 30-50’ in lieu of 100’ required. c. Crushing Activities Setback Distance of 712’ in lieu of the required 750’. d. Hours of Operation: exemption to operate outside Ordinance requirements to meet contractual obligations from time-to-time. PROJECT OVERVIEW: The construction of McHenry Lakes Business Park Subdivision involves the creation of a two -lot subdivision with Lot 1, fronting IL-120, zoned C-5 Highway Commercial for commercial office/warehouse buildings. The remainder of the property designated Lot 2 would contain the proposed gravel pit that involves the extraction of materials below the groundwater of a shallow aquifer for approximately 20 years. This type of operation involves a hydraulic dredge which floats on the surface of the water while extracting aggregate materials. A full access on IL -120 would service the development that is restricted by IDOT to commercial traffic only. The petitioner has indicated that later phases of expansion involve the property further to the north which is in the Village of Lakemoor. Said property is subject to an existing annexation agreement that is set to expire on October 27, 2024. Staff is opposed to a poten tial cross-jurisdictional mining operation. At the recommendation of staff, the petitioner has agreed to disconnect the property at such time the annexation agreement expires and annex into the City of McHenry. The proposed reclamation plan details re-grading information and predicted land use once all operations have ceased and is often accompanied by a conceptual development plan. The developer is required, at minimum, to provide the City a letter of credit or bond to cover the costs of re-grading the mined area. According to the submitted conceptual development plan, the petitioner desires to construct an estate-sized subdivision with an undetermined size and number of lots once mining operations have ceased. Approval of the reclamation plan and 160 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org conceptual development plan does not guarantee the development will occur. The petitioner will need to return to the City for applicable subdivision and development approvals should he decide to actively pursue the proposed conceptual development plan. ANNEXATION AGREEMENT & UTILITY EXTENSIONS EAST OF CHAPEL HILL ROAD/IL -120: Also for consideration by City Council is an annexation agreement that includes a $0.10 per ton royalty fee payable to the City. According to the petitioner’s projections, the operations ar e anticipated to generate 330,000 tons of aggregate per year which would amount to $33,000.00 per year in royalty fees. A summary excerpt has been included in the table below. Average Truck Loads Per Hour 5 Truck Loads Average Daily Sales 50 Truck Loads Typical Load 22 Tons Tons per Day 1,100 Tons Days per Year 300 Days Annual Sales Volume 330,000 Tons Estimated Yearly Royalty Fees $33,000.00 The annexation agreement also details the developer’s utility extension obligations which the petitioner is requesting be optional. Staff originally requested the petitioner extend the watermain north towards Lincoln Road from its current location at the intersection of IL-120 and Chapel Hill Road to loop the watermain system. The petitioner elected instead for the royalty fee option in lieu of extending utilities which staff is not opposed to; however, staff have stated in prior communications that the extension of utilities to service the proposed commercial out-lots fronting IL-120 would still be required. Staff is recommending the developer extend utilities from Chapel/IL-120 to service the commercial property. PLANNING & ZONING COMMISSION DISCUSSION: A public hearing for the development proposal was held on January 18, 2023. In attendance were more than 52 members from the adjoining single-family subdivisions. A number of attendees spoke against the development proposal with concerns regarding environmental impact on animal populations, hazardous materials, noise, dust, truck traffic, variance requests and primarily the negative impacts on property value. The Planning & Zoning Commission unanimously voted to recommend denial of the petitioner’s application. The primary concerns identified include the overall proximity of the development to single -family residential, negative impact on property values, truck traffic, the public benefit gained did not appear to outweigh the negative impacts, and general concerns regarding the potential for the development to 161 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org discourage future development on the southeast and southwest corners of Chapel Hill and IL - 120. ACTIVE STORMATER MANAGEMENT ORDINANCE VIOLATIONS : The petitioner is currently in Violation of the McHenry County Stormwater Management Ordinance for development that hydrologically disturbs 5,000 square feet or more without a permit for the storage of asphalt grindings. The City of McHenry would inherit j urisdiction over the stormwater violation should the property be annexed into the City. CITY COUNCIL DISCUSSION: Due to the complexity of the request, staff is recommending City Council discuss items of the proposed gravel pit operation prior to a vote on the annexation agreement. Because the variance was denied, a super-majority (5/7) vote by City Council is required. The remaining items including the Conditional Use Permit, Map Amendment, and Final Plat of Subdivision , etc., would only require a simple-majority (4/7) vote. Staff recommends the Council discuss the overall desirability of the project, variance requests, and staff’s recommendation to extend utilities at minimum to service the commercial out-lots. The annexation agreement will require a Ma yor-City Council vote super-majority (5/7) in order to approve the development with variance requests. If a super-majority of City Council members (5/7) finds the project desirable or a majority of City Council members find the project undesirable as presented, then a vote is recommended. However, a continuation of the request is recommended if the Council desires to amend certain aspects of the annexation agreement and the petitioner is amenable to any requested changes. 162 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning & Zoning Commission Meeting Minutes January 18, 2023 File No. Z-2023-01 Petitioner: Land Reserves, LLC. of 5435 Bull Valley Road, Suite 330 of McHenry, IL 60050 Preliminary and Final Plat of Subdivision for McHenry Lakes Business Park, Zoning Map Amendment to RS-1 Low Density Residential District with an AM Agriculture & Mining Overlay and C-5 Highway Commercial District, Conditional Use Permit for Earth Extraction, Processing, asphalt/concrete recycling, and outdoor storage of the construction of a lake, and Zoning Variations Chairwoman Rockweiler opened the file at 7:15 p.m. City Planner Sheriff explained that the petitioner has meet all public notice requirements. Jack Pease of Super Aggregates/Land Reserves was present with Project Manager Phil Brown. Both were sworn in by Chairwoman Rockweiler. Mr. Pease explained that he has been in business for 55 years. They have been an earth moving contractor and are in the sand & gravel market in the area. They presented a booklet to Commission members to explain their proposed project and the need for another sand & gravel pit in the area. For 70+ years the pit in Algonquin has provided for the area but it is closing this year. Five years ago there were 31 operating facilities in McHenry County. At the beginning of 2022 there were only 14. Three of those ran out of material this past year, and in two years the number of facilities is expected to fall to seven. He believes this gravel pit will be necessary to keep the supply needed for the McHenry County area and to keep costs low for projects undertaken by our local governments. His booklet showcased numerous projects done by his company. Unlike larger corporations interested in mining, his company also is a real estate developer. They care as much about the finished real estate project as they do about the mining. The proposed development would have a wash plant that would not move throughout the process. It is proposed to be 600 feet from Route 120 with a berm surrounding the entire operation. A traffic study was done and it is anticipated that 95% of the material leaving the plant would be heading eastbound. In total, there is an expected 6.5 million ton of material to be processed, with about 50 loads per day and five loads per hour. 163 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org He addressed concerns about noise, dust, and vibrations. There will be a paved driveway from Route 120 to the wash piles. The area around the piles is damp and materials are cleaned and moist. There is not much dust created. Noise should not be a concern as they have showed at their other locations. While groundwater contamination is one concern of nearby residents, they have groundwater monitoring wells that are under control and monitored by the Health Department and the Illinois EPA. They are asking for a variation in hours of operation for governmental agency emergencies only. Another variance requested is for the height and location of the berm. They are requesting a 6-8 foot tall berm with a more gentle slope that gives a better shield from the line of sight. Pictures and examples of other berms at other developments were shown and discussed. Mr. Pease reviewed the revenues to the City on page 17. Revenues from a property tax base should give the City $600,000 in property taxes. Sales taxes should equal about $1 million over the same 20 year period. It was also suggested that instead of spending money on water and sewer infrastructure, that money could go to the City as a royalty. Mr. Sheriff gave his staff report in detail. Green lines on the map show where the berm should be located per the City’s ordinance. The red line shows where mining operations should be located. The ordinance only allows 10 years of mining, so a renewal would be required after 10 years. They have proposed a berm height of 6-8 feet, and there is already a planting requirement for berms. Lakemoor can’t supply water and sewer to this operation, and the City of McHenry was under the assumption that the operation w ould get its service from the City. After discussion of the water & sewer services, the elimination of those services could be put into a variance as well. This would also be discussed in a possible development agreement with the City Council. Mr. Sheriff also explained how it is proposed that the property come in with one zoning classification but would turn into a different zoning classification once the mining is completed. Commissioner Davis asked if there is a fence requirement for the berm. Mr. Sheriff explained that there must be a decorative fence 4.5 high along the berm. Commissioner Davis asked about the location of the truck entrance. It was explained that it is located on Route 120 at the southeast corner where there is a right turn lane for westbound traffic. This was determined the best location per IDOT. Because this is on a State highway, IDOT 164 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org gets to make the determinations of the entrances and traffic flows. Commissioner Gleason asked for clarification on the future revenue projections. Mr. Pease sated that only about a dozen homes will be built on the proposed mining site, with an other dozen on a north property that is not part of the mining project. There can only be about a dozen homes because of the strict requirements for septic systems. Chairwoman Rockweiler opened the public hearing portion of the meeting at 8:38 p.m. She explained the guidelines for public participation. The first section is for questions only, and the second section is for testimony. Questions and comments should be factual. Sean Blanken asked questions regarding the berm, but was quickly warned that he was speaking in an unacceptable manner that was considered rude or disrespectful by Chairwoman Rockweiler. After continual warnings for his behavior, Mr. Blanken left the meeting voluntarily. One member of the public asked about concrete and asphalt. Mr. Pease explained that they do not produce concrete or asphalt. Their only provision is that they can recycle the crushed asphalt if requested for local projects. They already have a large operation in Volo that is just 4.5 miles away. They are not looking to start another large operation such as that. There will be no crushing or recycling at the proposed plant. Kathleen Schlueter asked what the hours of operation would be. Mr. Pease explained that it would be 6:00 a.m. to 6:00 p.m. Monday through Friday, and 6:00 a.m. – 2:00 p.m. on Saturday. The industry expects trucks ready to go by 7:00 a.m., so they start loading at 6:00 a.m. Not much happens after 3:00 or 4:00 p.m. because most work is completed by that time. The time variance would only happen in an emergency with the City’s approval. Cliff Bouke asked about the dangerous chemicals in asphalt. Mr. Pease explained that the EPA does not have big concerns over crushing concrete or asphalt. The elements are inert and they are just using earth products of sand and stone. There is some silica dust, but our local sand and stone isn’t high in silica. They spray 25 gallons of water per minute above the operation to stop the dust particles. The recycling occurs in Volo and the plan is not to do crushing or asphalt at the proposed location. Mr. Bouke referenced Google to find information about dangerous chemicals in asphalt. 165 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Anthony Ramseran explained that each morning they have 20-30 deer near their home. There are also coyotes and birds. He asked if there has been any thought to the environmental impact for the local animals. Some deer already get impaled on the fence. Mr. Pease explained that right now all 110 acres are tillable. They only mine a portion at a time, and he believes that once completed they animals will like the new habitat even better than the current farm fields. This tends to be more suitable for the animals than the tract housing that comes in and destroys and entire area where animals reside. Tim Kuraszek asked how many gravel pits are currently in the middle of residential neighborhoods. Mr. Pease explained that out of the 10 they have now, and four completed, they have 10 of the 14 in residential areas from the day they started. Mr. Kuraszek asked how many they moved in on, and Mr. Pease stated that probably less than half of the developments are like that. Mr. Pease stated that they want the development as much as they want the gravel pit. They have built 27 residential estate subdivisions to date. They must do gravel pits near residential neighborhoods because that is where they gravel is. Northwestern Illinois is a populated area and it isn’t possible to get gravel pits that aren’t near homes. Mr. Kuraszek asked if their employees wear a monitor for silica dust in the air. Mr. Pease said that the EPA requires them to do tests for dust but not when there is no visible dust in the air. OSHA does not have jurisdiction in the gravel operation and they are regulated more strictly than what OSHA would regulate. Mr. Kuraszek stated that they live on the east side, and he questioned how closely they would be mining to that side. Mr. Pease stated that the full depth is 150 feet to the edge of the lake. From there it may be 5-10 feet deep. The edge of the lake is 150 feet to the property line. Putting the berm closer to them actually helps shield their line of site. Mr. Kuraszek questioned if the Spring Grove pit had 40 years of inventory. Mr. Pease stated that this may be true but they are only able to get 1 million tons out each year. Mr. Kuraszek also questioned what would happen if the federal infrastructure money dries up in 2024, and if there would not be as much of demand. Mr. Pease stated that the government would make sure money was available for infrastructure. Pam Fullmer questioned who owned the 10 acres of property to the east of the outdoor theater. It was explained that the property closest to the theater was not owned by them, but they did own the property to the farthest east. They do not plan to do any mining at that location, but would develop homes there in the future. She questioned their property values getting lowered, and Mr. Pease stated that they plan to make the property nicer 166 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org once their development is completed. He also stressed that there should be no noise heard from the north side of the pit. A resident in Stone Woods asked if the property has been annexed into the City of McHenry. Planner Sheriff explained that the property currently sits in the jurisdiction of the County as it is currently unincorporated. The parcel would be annexed into the City. The property to the north has an annexation agreement with Lakemoor, but that agreement would expire in 2029, and the property owner could petition to have it annexed into any municipality that it is touching. A resident near Country Lane and Chapel Hill Road asked how this development might impact an annexation to the City for the Eastwood Manor subdivision. Mr. Sheriff explained that property must be wholly surrounded and must be less than 60 acres to be forcibly annexed. That neighborhood could not be forced to annex. He also asked about the water table as they have a private water company supply their water. Mr. Pease explained that they stop their operations before hitting the water table. The EPA and Health Department review samples and observe the operation for any concerns. There was also concern about the traffic accidents at the 120/Chapel Hill intersection, and how more traffic could make things worse. Mr. Pease explained that IDOT and McHenry Department of Transportation is working on the issue. A study has been done and there could be future plans to widen Chapel Hill Road. Another resident asked about the variance request for accepting crushed concrete, and if that variance is denied, would it stop the development. Mr. Pease explained that the request was only to help local contractors with a special use permit and not a variance. This was just to keep costs down for local contractors. If this was denied, that would not stop the development. Mike Palomino asked about the realistic end date of the gravel pit. Is 17 years realistic, or what will things look like in 20 years? Mr. Pease stated that 17 years is a realistic end date, and that in the last 2-3 years they would be working by the berm on the east side. It was asked if the berm would stay permanently, and Mr. Pease stated that some people like the berm to be removed when operations cease because they want to enjoy the scenery and new lake. Mr. Pease offered to get information to people to show past developments by neighborhoods and how they now look. 167 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org A resident asked what makes this development different than Thelen. Mr. Pease stated that Thelen is producing at four times the pace with four times larger equipment. They handle the material more times than he will, and they use a large clam dredge with a conveyor with a lot of cobbles. Mr. Pease will do sand and pea gravel. Their material doesn’t get crushed and gets screened instead. It was also asked why they would have a road that connects Velmar Estates to Lincoln Road. Mr. Pease explained that many jurisdictions like the idea of connecting roads for safety purposes. Fire and police departments want those access roads for public safety. That road is only a proposal and nothing regarding the road has been finalized. Chairwoman Rockweiler declared a recess for five minutes at 9:50 p.m. Chairwoman Rockweiler reconvened the meeting at 9:58 p.m. She began the testimony part of the hearing and explained that only facts would be considered. She reminded participants to be respectful with their comments. Lisa Godzicki was sworn in by Chairwoman Rockweiler. She explained she has been a resident of Glenmar Estates for 18.5 years. She is concerned about noise, pollution, water, and the property values. As a realtor, she has shown houses on Burning Tree that people refused to purchase because they looked out the window and saw the gravel pit. She doesn’t want the quality of life to deteriorate and people love living in that area because it is so small. Colleen Kuraszek was sworn in by Chairwoman Rockweiler. She stated that Thelen moved in a few years ago, and every day at 6:00 a.m. they conveyor belts run along with the rock crushers. The noise ordinance doesn’t seem to matter as they hear noise 14 hours a day, six days a week. The berms are 20-25 feet high and they still hear constant noise. She is also concerned about carcinogens and air particles. They can’t have the windows open because they can’t stop the particles. Well water is also a concern, and the schools should also be concerned. The revenue the City would be making doesn’t seem like it is enough compared to all of the issues being addressed. She worries about the kids and the property values. Tim Kuraszek was sworn in by Chairwoman Rockweiler. He stated that the neighborhood is full of kids and a four foot fence on a 6 foot berm won’t keep the kids out. He worries about them crawling into the lake and being killed or injured. There is no reason to drop a 168 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org gravel pit into a neighborhood as it would do the residents a great disservice. The decision will affect the quality of life for as long as they live around there. Kathleen Schlueter was sworn in by Chairwoman Rockweiler. She explained that she lives down the hill and they hear the trucks from Thelen. Putting in another gravel pit would make it really loud. The biggest concern is the dust, noise, traffic, and property values. She realizes that they may develop the land to make it nice once the gravel pit is gone, but wonders if they can just build the nice neighborhood now instead of making them suffer for 15-20 years with the gravel pit beforehand. Stan Mill was sworn in by Chairwoman Rockweiler. He explained that he fully understands the value of the gravel pit. However, they need to look at the quality of life of the residents, hours of operation, berms, setbacks, noise, dust, and water wells. The wells on the west neighborhood could be impacted. They need assurances that trucks and the traffic on Route 120 won’t be an issue. He also heard rumors that there should not be a ready mix plant. He has personally seen what nice things Mr. Pease has done with his other properties and commends him on that. If there were assurances through the zoning process that what they did for Dutch Creek can be done here, that would make them a good neighbor. There are 52 homeowners nearby, of which 51 have been there for 25 years or more. He implores the City to do the right thing so they can be proud of what they have. They will be affected for 20 years or more for what is being planned. Chairwoman Rockweiler thanked all of the residents for their heartfelt and respectful comments. She closed the public hearing at 10:17 p.m. Mr. Pease was given a chance to respond to comments. He stated that his promises are always kept. He offered to share the references from his past projects. He has village administrators, chiefs of police, public works departments, and other neighbors willi ng to vouch for his work and his promises. They have made a pattern of being a good neighbor. Whatever they can do to make sure they have a level of comfort, they want to accomplish that. Chairwoman Rockweiler began the discussion by the Planning Commission. She sated that if they wanted to have a gravel pit in this location, this is the company they want working there. But she is not certain this is a good place for a gravel pit. She shares some of the same concerns as the residents and the concerns on the staff report. She believes they are 169 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org a good company and that they know their stuff, but is not sure this is the right place for the development. Commissioner Bremer had concerns about the traffic and the noise. Property values of neighboring residents is a major concern as well. Commissioner Riley wasn’t as concerned about the noise as he was about being surrounded by residential neighborhoods for so many years. Commissioner Lehman echoed those sentiments, and focused on traffic and noise issues. Commissioner Gleason shared the same concerns. He is worried that other developers may not want to come to that area knowing that there is a gravel pit nearby. Commissioner Davis shared the same concerns as each of the other commissioners. A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to recommend approval of the petitioner’s request for a Preliminary and Final Plat of Subdivision for the McHenry Lakes Business Park Subdivision subject to the condition that all development on site shall be serviced by City Water and Sanitary Sewer as determined by Director of Public Works. Roll Call Vote: 0-ayes; 6-Nay: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and Lehman; 0-abstained; 1-absent: Smale. Motion Denied. A motion was made by Commissioner Bremer and seconded by Commissioner Gleason to recommend approval of the petitioner’s request for a Zoning Map Amendment on Lot 1 to C-5 Highway Commercial District and RS-1 to Low Density Single Family Residential with Agricultural Mining Overlay District on Lot 2 of McHenry Lakes Business Park Subdivision. And by making said motion I agree the approval criteria for Zoning Map Amendments have been met as outlined in the staff report. Roll Call Vote: 1-ayes: Commissioner Davis; 5-Nay: Commissioners Bremer, Rockweiler, Gleason, Riley and Lehman; 0-abstained; 1-absent: Smale. Motion Denied. A motion was made by Commissioner Lehman and seconded by Commissioner Bremer to recommend approval of the petitioner’s request for a Conditional Use Permit to allow extraction, earth materials processing operations, asphalt/concrete recycling operations and outdoor storage associated with the operation of a gravel pit and construction of a lake on Lot 2 of McHenry Lakes Business Park Subdivision subject to the following conditions: 1. All development on site shall be in substantial conformance with the 170 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org submitted plans. 2. All operations and development shall be in substantial conformance with Chapter 18: Surface Mining of the City of McHenry Zoning Or dinance. 3. The Property Owner shall be responsible for amending the Facilities Planning Area (FPA) within a reasonable timeframe as determined by the Zoning Administrator. 4. All outdoor storage shall be related to the existing on-site business operations. And by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses have been met as outlined in the staff report. Roll Call Vote: 0-ayes; 6-Nay: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and Lehman; 0-abstained; 1-absent: Smale. Motion Denied. A motion was made by Commissioner Bremer and seconded by Commissioner Riley to recommend DENIAL of the petitioner request for zoning relief related to mining operations because the petitioner has failed to demonstrate the variance is not resulting from the Applicant Action and therefore does not meet §11-19-5 Approval Criteria for Variances. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Smale. Motion Carried. Chairwoman Rockweiler closed File Z-2023-01 at 10:28 p.m. 171 172 173 174 Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The petitioner Land Reserves, LLC. (Owner of Record), is requesting approval of the following zoning items upon annexation for the creation of a 2-lot subdivision with highway commercial operations fronting IL-120 and aggregate mining on the northern 110-acre tract: 1. Preliminary and Final Plat of McHenry Lakes Business Park Subdivision 2. Zoning Map Amendment Lot 1 (fronting IL-120) to C-5 Highway Commercial District 3. Zoning Map Amendments Lot 2 (Aggregate mining operation area) to RS-1 Low Density Single Family Residential District with an AM Agriculture & Mining Overlay 4. Conditional Use Permit for Earth Extraction, Processing, asphalt/concrete recycling, and outdoor storage for the construction of a lake. 5. Zoning Variations: a. Berm Height: 6-8’ in lieu of 10’ required. b. Mining Operations Other Than Crushing – Setback Distance: between 30-50’ in lieu of 100’ required. c. Hours of Operation: exemption to operate outside Ordinance requirements to meet contractual obligations from time-to-time. The proposed aggregate mining operation involves the extraction of materials below the groundwater of the shallow aquifer. This type of operation typically involves a hydraulic dredge which floats on the surface of the water while extracting aggregate materials. Hydraulic dredging does have the advantage of producing less noise and dust than dry earth extraction activities. However, some dry earth extraction activities would inevitably need to occur until such a point where a hydraulic dredge could be installed. The initial construction involves the creation of a two-lot subdivision with Lot 1, fronting IL-120, zoned C-5 Highway Commercial for commercial office/warehouse buildings. The remainder of the property designated Lot 2 would contain the earth extraction activities. Later phases of expansion involve the property further to the north which is in the Village of Lakemoor. Said property is subject to an existing annexation agreement that is set to expire in 2029. Staff is strongly opposed to a cross-jurisdictional mining operation and reclamation plan. Included as a condition of approval requires the petitioner to disconnect the property to the north at such time the existing annexation agreement with the Village of Lakemoor expires and annex into the City of McHenry. A major planning component of a gravel operation is the reclamation plan. The reclamation plan covers the regrading and predicted land use once all operations have ceased and is often accompanied by a conceptual development plan. The developer is required, at minimum, to provide the City a letter of credit or bond to cover the costs of regrading the mined area. According to the conceptual development plan, the petitioner desires to construct an estate sized subdivision with an undetermined size and number of lots once mining operations have ceased. Approval of the reclamation plan and conceptual development plan does not provide a guarantee the development will occur. The petitioner will need to return to the City for applicable 175 subdivision and development approvals should he decide to actively pursue the proposed concept development plan. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance • The petitioner must meet the approval criteria for Map Amendments, listed in §11-5-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is zoned R1 Single Family, R3 Multifamily, and B3 General Business District in unincorporated McHenry County but is currently undeveloped and actively farmed. The property to the northeast (Val-Mar County Estates Residential Subdivision) is zoned R1 Single Family with single family land use. The Commission should pay special attention to any requests for relief from the City’s adopted Mining Ordinance that may directly impact said residential subdivision. The petitioner should provide adequate justification of a hardship, as opposed to a mere inconvenience, for any zoning relief sought. Placing a gravel pit next to existing single-family land use is not an ideal scenario and should be avoided if possible due to the negative impacts on property value. The Commission should discuss whether it believes the benefits gained from the gravel pit outweigh the potential impacts on the adjoining property values. FUTURE LAND USE MAP RECOMMENDATION The City’s Future Land Use Map recommends Low Density Residential and Commercial. The proposed Commercial Zoning along IL-120 and future concept plan for Low Density Single Family Residential are mostly in compliance with the Future Land Use Map Recommendation. However, the proposed gravel operation is not in compliance with the future land use map recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is somewhat consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • Land Use, Policy – “Promote development that blends with existing development in the area especially if located within a unique sub-area.” (p. 29) The subject property is located within the Bull Valley Road, Miller Road, Chapel Hill Road Corridor Study. The petitioner is required to set aside a portion of the property should any future ROW dedication be required. The petitioner is also providing the required bikeway dedication as part of the future multiuse path along Chapel Hill Road. SITE PLAN REVIEW 1. Facilities Planning Area Amendment. The subject property is located outside of the McHenry Facility Planning Area (FPA) and encroaches within the Lakemoor FPA. FPAs are planned public wastewater infrastructure boundaries that are monitored by the Illinois Environmental Protection Agency and evaluated by the Chicago Metropolitan Agency for Planning (CMAP). With the extension of City Water 176 and Sanitary Sewer, the petitioner will need to consult with CMAP and begin amending the FPA boundary. 2. Exemption Request – Hours of Operation. The petitioner has indicated that they are requesting an exemption to hours of operations to include contractual obligations to supply materials for an Illinois Tollway, IDOT, City (non-exclusive to McHenry), or McHenry County Road building project which require Sunday’s or extended hours of operation. Given the proximity of operations to single-family residential, staff is recommending denial of the petitioner’s exemption request. 3. Lakemoor Disconnection – 36-acre property north of the Subject Property. The petitioner owns the 36- acre property directly to the north, located within the Village of Lakemoor, and plans to continue mining operations on the property. Staff is opposed to a cross-jurisdictional mining arrangement and has recommended the petitioner disconnect the property that is currently under the jurisdiction of the Village of Lakemoor. Per the Illinois Compiled Statutes, the Lakemoor Annexation Agreement is set to expire October 2029. 4. Berm Size & Setback. The petitioner is proposing a 6–8-foot-tall, landscaped berm along the entire length of the project along with a 4.5-foot-tall fence. The petitioner is seeking a variance from the required 10-foot-tall berm requirement. Where a lot line of a mining operation abuts the boundary of a Residential District, the Ordinance requires the berm shall be setback a minimum of 50’ from that residential lot line. The petitioner is proposing an approximate 0-foot setback in most areas abutting residential. Staff recommends the petitioner complies with the Ordinance or be prepared to justify the hardship. 5. Tree Planting Requirement. The City’s Ordinance requires trees a minimum of ten feet high at time of planting and shall be spaced a minimum of 25’ apart shall be planted along the top of any berm or portion thereof located within 500’ of extraction activity. As mining progresses per phase, the berm shall be constructed and appropriately planted. 6. Mining Operations other than Crushing – Setback Distance. The petitioner is proposing a setback of approximately 30-50 feet along the sides of the property. The City of McHenry Surface Mining Ordinance requires a 100-foot setback from general mining operations - excluding crushing activities which require significant setback distances from the property line. The petitioner has conveyed to staff that the additional setback distance creates a ‘dead space’ maintenance area that could potentially increase nuisance related growth. Staff is not strictly opposed to the justification but is uncertain if this would be more appropriately deemed an inconvenience as opposed to a hardship, but the Commission should weigh the benefits gained vs the impact imposed on the adjoining property owners. 7. IDOT & MCDOT reviews. The petitioner will need to seek all necessary subdivision review and approvals from the McHenry County Division of Transportation and Illinois Department of Transportation. Staff is recommending as a condition of approval that all applicable federal, state, and local laws shall be met. Any significant deviations from the approved plan would require approval by City Council. 8. Proposed Access (IL-120). The proposed access on IL-120 is restricted to commercial access only. The future residential subdivision would not be permitted to have direct access to IL-120 based on prior correspondence with the Illinois Department of Transportation. STAFF SUMMARY ANALYSIS • The petitioner is seeking relief from the restricted hours of operation. Given the close proximity of residential, staff does not recommend waiving these restrictions unless a hardship can be justified as opposed to a mere inconvenience. • The petitioner is seeking relief from the landscape berm size and setback requirements. The petitioner should be prepared to justify a particular hardship for the request. • The petitioner is requesting relief to allow mining operations within the 100-foot setback from any nonindustrial property. The petitioner should be prepared to justify a hardship to the Commission. 177 • Approval of the request will adversely impact adjoining property values of single-family homes. The Commission should discuss whether the public benefit received will outweigh the negative impact imposed. If the Planning & Zoning Commission agrees with the petitioner’s request, then the following 4 motions are recommended. 1st MOTION: I motion to recommend approval of the petitioner’s request for a Preliminary and Final Plat of Subdivision for the McHenry Lakes Business Park Subdivision subject to the condition that all development on site shall be serviced by City Water and Sanitary Sewer as determined by Director of Public Works. 2nd MOTION: I motion to recommend approval of the petitioner’s request for a Zoning Map Amendment on Lot 1 to C-5 Highway Commercial District and RS-1 Low Density Single Family Residential with Agricultural Mining Overlay Zoning District on Lot 2 of McHenry Lakes Business Park Subdivision. AND by making said motion I agree the approval criteria for Zoning Map Amendments have been met as outlined in the staff report. §11-5-5: APPROVAL CRITERIA FOR ZONING AMENDMENTS: A. Compatible With Use or Zoning Of Environs. Staff believes the proposed request is consistent and compatible with the surrounding environment. Low Density Residential Zoning adjacent will blend in with the surrounding low density single family zoning. Highway Commercial Zoning along IL-120 is consistent with the trend in the area of putting highway commercial zoning along IL State Routes. B. Supported by Trend of Development. A gravel pit operation is directly east of the subject property. Staff believes approval is supported by the trend of development within the area. C. Consistent With Comprehensive Plan Objectives. Staff believes the request is somewhat consistent with the Comprehensive Plan Objectives and Future Land Use Map of having commercial front IL-120 with single family land use potentially existing once mining operations have ceased. D. Furthers Public Interest. 3rd MOTION: I motion to recommend approval of the petitioner’s request for a Conditional Use Permit to allow extraction, earth materials processing operations, asphalt/concrete recycling operations and outdoor storage associated with the operation of a gravel pit and construction of a lake on Lot 2 of McHenry Lakes Business Park Subdivision subject to the following conditions: 1. All development on site shall be in substantial conformance with the submitted plans. 2. All operations and development shall be in substantial conformance with Chapter 18: Surface Mining of the City of McHenry Zoning Ordinance. 3. The Property Owner shall be responsible for amending the Facilities Planning Area (FPA) within a reasonable timeframe as determined by the Zoning Administrator. 4. All outdoor storage shall be related to the existing on-site business operations. AND by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses have been met as outlined in the staff report. 178 APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below. A. Traffic: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. The petitioner is responsible for providing traffic impact studies to the Illinois Department of Transportation. Staff does not believe approval of the request would create any adverse impacts on the surrounding property owners. B. 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. The petitioner is required to provide berms, screening, and fencing along all applicable property lines in order to minimize any adverse effects on noise, glare, and dust and are appropriately controlled. C. Neighborhood Character: The proposed use will fit harmoniously with the existing natural or manmade 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. The petitioner is required to provide adequate berms, screening and fencing along all applicable residential property lines to minimize the impact of the proposed gravel pit on property values. D. Public Services and Facilities: The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The petitioner is required as a condition of approval to initiate a Facilities Planning Area Amendment. E. 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. Staff does not believe the proposed use will generate any adverse impacts on public safety and health. F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. Variance motion may depend on discussion. 4th Motion: I motion to recommend DENIAL of the petitioner request for zoning relief related to mining operations because the petitioner has failed to demonstrate the variance is not resulting from the Applicant Action and therefore does not meet §11-19-5 Approval Criteria for Variances. Attachments: • Petitioner’s Application and attachments • Receipt of publication of legal notice 179 113.38'S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D 780770770770770770770770770774772778776778764772776778776 768 762774772766762778776776764778791A327A323 C3197A323 C3197A323 C3153 A+969 E2323 D2791A323 C3323 C3323 C3153 A+327 C2770770760327 B153 A+323 D2327 B327 B327 BC O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N EPHASE1S 09°57'26" W 353.96'N 37°18'31" E 385.01'N 52°12'04" W 993.66'15.0' REAR YARD SETBACK10.0' SIDE YARD SETBACK30.0' FRONT YARD SETBACKPHASE2PHASE3PHASE4PHASE5B E R MB E R MB E R M600.00'600.00'P.G.CA 16#6CA 7#8CA 3FA 2SANDPROCESSAREAL O T 1338,239 S.F.80.0' ACCESS EASEMENT46.57'GROUND WATER FLOWLOT2B E R MB E R MDistance:712.26 ft100' Mining Setback LineBerm Setback (50' if nextto residential)Distance:50.18 ftSTAFF MARK-UP180 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 23- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT BETWEEN THE CITY OF MCHENRY AND LAND RESERVES, LLC WITH RESPECT TO 110 ACRES LOCATED NORTH OF STATE ROUTE 120 AND EAST OF CHAPEL HILL ROAD WHEREAS, Land Reserves, LLC is the legal owner (“Owner”) of record of real property, consisting of parcels containing approximately 110 acres, legally described in Exhibit A attached hereto and made a part hereof, (the "Property"); and WHEREAS, the Property is not located within the corporate boundaries of any municipality, has not been annexed to any municipality, is presently contiguous and immediately adjacent to the corporate boundaries of the City of McHenry ("City") and may be annexed to the City; and WHEREAS, the City desires to enter into an Annexation Agreement with the Owner, attached hereto and incorporated herein as Exhibit B (the "Agreement"); and WHEREAS, the Owner and the City are ready, willing and able to enter into the Agreement and perform the obligations as required therein; and WHEREAS, pursuant to 65 ILCS 5/11-15.1-1, et seq., a public hearing has been held pursuant to lawful notice and the Owner and the City have otherwise complied fully with all laws and ordinances applicable to the Agreement; and WHEREAS, the Mayor and City Council have determined that it is in the best interest of the City to approve and execute the Agreement. WHEREAS, the City, 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 ORDAINED by the Mayor and City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Upon receipt from the Owner of four executed copies of the Annexation Agreement, within 60 days of City Council's action approving said Annexation Agreement, unless 181 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org otherwise mutually agreed, the Mayor is hereby authorized and directed to execute, and the City Clerk is authorized and directed to attest, such four duplicate original copies of the Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinance in conflict herewith 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 as provided by law. Passed this 5th day of June, 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 182 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 30 AND PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART THEREFROM DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER SECTION, 1314.8 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE WEST 1392.5 FEET TO A POINT WHICH IS 1320.2 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTHERLY TO A POINT 933.57 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE WEST PARALLEL WITH AND 933.39 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER SECTION, 1338.22 FEET, MORE OR LESS, TO THE WEST LINE OF SAID QUARTER SECTION; THENCE NORTH 933.39 FEET TO THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE EAST 2727.0 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING; ALSO EXCEPT THE EAST 220.0 FEET OF SAID QUARTER SECTION LYING SOUTH OF THE AFOREMENTIONED EXCEPTION, TOGETHER WITH THAT PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF STATE ROUTE NO. 120, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 122.22 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 514.7 FEET; THENCE SOUTH PARALLEL WITH WEST LINE OF SAID SECTION, 160 FEET; THENCE SOUTHWESTERLY 419.3 FEET TO A POINT IN THE CENTERLINE OF STATE ROUTE NO. 120, SAID POINT BEING 444.7 FEET EAST (MEASURED AT RIGHT ANGLES) OF A POINT IN THE WEST LINE OF SAID SECTION WHICH IS 282.22 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 31; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HIGHWAY, BEING A CURVED LINE CONVEX NORTHEASTERLY, HAVING A RADIUS OF 1240.0 FEET FOR A DISTANCE OF 172.98 FEET TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY TANGENT WITH THE LAST DESCRIBED CURVE, 559.8 FEET TO A POINT; THENCE NORTHEASTERLY 1434.75 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF SAID SECTION 31, 477.75 FEET EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 31, 1898.1 FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PART ACQUIRED FOR ROAD PURPOSES BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN CASE NO. 92ED16, IN MCHENRY COUNTY, ILLINOIS. PIN: 10-31-101-012 and 10-30-300-006 183 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT B ANNEXATION AGREEMENT 184 LAND RESERVES, LLC ANNEXATION AGREEMENT This Agreement (“Agreement”) is made and entered into this _____ day of ______________, 20__ by and between the City of McHenry (“City”) and Land Reserves, LLC, 5435 Bull Valley Rd., Suite 330, McHenry, Illinois (“Owner”) RECITALS WHEREAS, Land Reserves, LLC is the legal owner of record of real property, which is the subject of this Agreement, consisting of parcels containing approximately 110 acres, more or less, located in an unincorporated portion of McHenry County, Illinois in McHenry Township. The Property is legally described in Exhibit A attached hereto and made a part hereof, Permanent Index Numbers: 10-30-300-006 & 10-31-101-012 (the "Property"); and WHEREAS, The Property constitutes land which is contiguous to and may be annexed to the City, as provided in 65 ILCS 5/7-1-1, et. seq.; and WHEREAS, The Owner desires that the Property be annexed to the City, subdivided, zoned and developed under the terms and conditions of this Agreement; and WHEREAS, The City and the Owner have or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, It is understood and agreed that this Agreement in its entirety, together with the Petition for Annexation, shall be null, void and of no force or effect unless the Property is validly annexed, zoned and classified by proper City ordinances, all as herein provided; and WHEREAS, The Owner has filed with the Clerk of the City, a proper Petition for Annexation conditioned upon the terms of the provisions of this Agreement to annex the Property to the City; and WHEREAS, the corporate authorities of the City, after due and careful consideration, has concluded that this Agreement would further the growth of the City and enable the City to control the development of the area and serve the best interests of the City. WHEREAS, pursuant to the provisions of 65 ILCS 5/11-15.1-1, et seq., this proposed Agreement was submitted to the corporate authorities of the City and a public hearing was held thereon before the City Council of the City, pursuant to notice, as required by law. WHEREAS, the City, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the City Council approval of this agreement by the authorizing 185 McHenryCityof\LandReserves,LLC\Annex\Agmt Page 2 | 14 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, for and in consideration of the mutual promises contained herein, and other good and valuable consideration the sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: A. OBLIGATIONS OF THE CITY. 1. Annexation. In accordance with the provisions of 65 ILCS 5/7-1-8, the Corporate Authorities of the City, contemporaneously with the execution of this Agreement, shall enact an ordinance annexing the Property and also any adjacent highways as required by law; said annexation to be on the terms and conditions set forth in this Agreement. An accurate plat of annexation prepared by the Owner shall be filed with the City and McHenry County as required by law. 2. Subdivision, Zoning and Conditional Use. The City shall also adopt Ordinances for subdivision and zoning of the Property as set forth below: a. In accordance with Title 12 of the City’s Subdivision Ordinance, but subject to the conditions and provisions of this Annexation Agreement, upon annexation of the Property, the Property, shall be subdivided into 2 lots. Subdivision shall be in conformance with the Owner's Subdivision Plat, as depicted in plans prepared by Manhard Consulting dated ___________, 20__ and attached hereto as Exhibit B. b. In accordance with Title 11 of the City's Land Use Ordinance, but subject to the conditions and provision of this Annexation Agreement, upon annexation and subdivision of the Property, Lot 1, containing approximately 6 acres, more or less, the City shall adopt an Ordinance amending the City's Zoning Map to classify Lot 1 to C- 5, Highway Commercial Zoning District. Additionally, Lot 2, approximately 104 acres, more or less, the City shall adopt an Ordinance amending the City's Zoning Map to classify Lot 2 to RS-1/A-M, Low Density Single-Family Residential with an Agricultural Mining Overlay Zoning District. Lot 2 shall be pursuant to a Conditional Use to operate a single mining operation creating water features on the property and engage in the sale and extraction of earth materials. The Conditional Use term shall have an initial period of ten (10) years plus an option, at Owner's sole discretion, which the City Council shall administratively approve, provided the Owner is in compliance with the terms of this Agreement, term renewal for an additional ten (10) year extension period. Such extension shall be pursued and completed prior to the expiration of the previous (10) year term. Conditions and provisions of this Agreement shall be incorporated as conditions of the Conditional Use during the term of this Agreement. Permitted Conditional Uses shall include: Outside storage of equipment used in the Operations; Stockpiles generated from the Operations; Mining/extraction/processing of gravel and sand; Recycling operations/processing of concrete and asphalt; Fill import of topsoil, clay and including USFO (Uncontaminated Soil Fill Operations); This Agreement and the Conditional use hereby granted are subject to compliance by the Owner with each of its obligations and conditions herein and pursuant to the ordinance adopted by the City. 3. Sign Variance. On-premises advertising for Lot 1 shall conform to the City’s present sign Ordinance. On-premises advertising for Lot 2, Owner, shall have the right to erect a 186 McHenryCityof\LandReserves,LLC\Annex\Agmt Page 3 | 14 freestanding, non-illuminating advertising sign on the Southeast corner of Lot 1. The City shall grant a variance to its sign Ordinance to allow Owner’s freestanding Lot 2 advertising sign: i) a maximum height of 25 feet and ii) a maximum area of 300 square feet. The sign must be located no closer to the right of way of Illinois Route 120 than permitted by the State of Illinois regulations. 4. Stop Orders. The City shall have the right to require the owner to stop all Operations on the Property once the Illinois Environmental Protection Agency (IEPA) or the Federal Mine Safety and Health Act (MSHA) has determined that the Owner has violated IEPA or MSHA rules and regulations. In that case, a written notice of the violation shall be issued by the City to the Owner within twenty-four (24) hours of the stop work order being issued, and the Owner shall show proof that the violation of an IEPA or MSHA regulation has been addressed and cured before Operations may resume. Moreover, in the event the City finds a non-life, health or safety violation occurred in Owner’s Operations, it shall provide written notice to the Owner setting forth the IEPA or MSHA regulation allegedly violated by the Owner and providing Owner thirty (30) days to cure or otherwise initiate good faith efforts to correct the violation. If, in the City's opinion, the Owner has not cured, or made good faith efforts to cure, within that thirty (30) day period, the City may serve written notice to Owner that all Operations must stop until such time as the problem is corrected. The Owner may appeal such decision to the City Council or exercise any rights afforded to the Owner under the law. B. OBLIGATIONS OF THE OWNER. 1. Term. This Agreement shall be valid and binding upon the Parties hereto, their respective successors and assigns, for a term of twenty (20) years commencing as of the date hereof, as provided by statute. 2. Royalty Fees Payable to The City. a. The Owner shall pay the City $.10 for each ton of Product from the Operations as defined to include: all extracted aggregate product, including sand, gravel, crushed stone, mined and exported off site. The quantity of Product exported off site shall be documented by Owner's truck loading tickets. Payment of this fee shall begin on the first quarter anniversary of the commencement of Operations and exported Product on the Property and on the anniversary of each quarter thereafter. The Owner shall deliver to the City quarterly reports showing the quantity of exported Product from the Property during the preceding calendar quarter. The Owner shall keep accurate record of the exported Product for at least eighteen (18) months after expiration of each year, conforming to generally accepted accounting practices showing the exported Product from the Property for such year, including all tax reports, loading slips, conveyor weighing records, sales checks, and other supporting data, which will facilitate verification of the calculations of the fees payable to the City. On or before April 15, July 15, October 15 and January 15 of each calendar year. Owner shall pay the City the royalty due from the previous quarter. The weight tickets or reports substantiating said payments shall accompany said payments. 187 McHenryCityof\LandReserves,LLC\Annex\Agmt Page 4 | 14 b. The City shall have the right by its accountants or representatives to audit or examine all Owner's records (including all supporting data) regarding these materials and Owner shall make all such records available for such examination in the event owner fails to comply with the fees established in this Agreement. Owner's refusal to permit this audit or examination shall result in a stop order of all operations on the Property and revocation of the Special Use. If any such audit discloses that the actual amount of exported Product exceeded those reported, the Owner shall forthwith pay the additional fee due for the excess, in addition to the cost of such audit and examination. If such audit discloses that the amount of exported Product exceeded that reported by more than 10 percent at any one time, the City shall give notice of such discrepancy and the Owner shall have sixty (60) days to cure said discrepancy or place disputed sums in escrow. The parties will then appoint an independent auditor mutually acceptable to the parties to resolve the dispute whose fee shall be shared equally by the parties and whose decision shall be binding and final. If any such audit discloses that the actual amount of exported Product was less than that reported and, as a result thereof, the Owner paid more additional fees than were due hereunder, then the City shall promptly refund to the Owner the amount of the excess fee payment, less the cost to the City for the audit. 3. Option for Public Utility Improvements or Private Well & Septic. a. Upon development of Lot 1 and or, Lot 2, Owner, at Owner’s sole discretion and expense, shall have the option to extend the City’s existing sanitary sewer lines and municipal water from their existing location, East across the North lot line of lot 1. Improvement extension shall be pursuant to City permitting approvals and the requirement of the applicable Subdivision Ordinance. All public utility improvements shall be completed in accordance with approved construction plans for the development and secured by a Letter of Credit, on forms provided by the City and must be submitted prior to the approval and release of the construction plans by the City. b. Owner, at Owner’s sole discretion, shall have the option to utilize private well and septic for the development of Lot 1 and or, Lot 2. 4. Days and Hours of Operation. Owner’s standard hours of operations, other than maintenance functions, are from 6:00 a.m. to 6:00 p.m. Monday through Friday and 6:00 a.m. to 2:00 p.m. Saturdays (excluding New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Day, and Sundays). Loading and maintenance hours shall be from 5 a.m. to 8 p.m. Moreover, in emergency situations, operations shall be permitted at times otherwise prohibited. (An emergency situation, for the purpose of this section, is any operation necessary to provide repairs to roadways or provide other materials and assistance which if delayed until normally permitted hours, would cause injury or loss of life or property.) Any operation or activity under this section shall immediately be reported to the City of McHenry Police Department and shall be reported to the Administrator the next business day. In the event the Owner has a contractual obligation to supply materials for an Illinois Tollway, IDOT, City or McHenry County Road building project which require Sunday’s and or extended hours of operations, Owner may operate extended hours during the term of the project only. 188 McHenryCityof\LandReserves,LLC\Annex\Agmt Page 5 | 14 5. Reclamation Plan. The operations shall consist of mining and reclamation in conformance with the Owner's Reclamation Plan, as depicted in plans prepared by Scheflow Engineers Engineering dated ___________, 20__ and attached hereto as Exhibit B. The Property and Owner's Operations shall be subject to inspection by the City, at its discretion, to assure that the actual operations conform to the Engineering and Planning Documents referenced in this Agreement and throughout the annexation and zoning proceedings. After the initial excavating and grading needed to create the required berming of the Property, the Owner shall sequentially perform their mining and extraction operations in general conformance to sequencing shown in the Engineering and Planning Documents and shall cause segments in which the mining and extraction is complete to be reclaimed. The Owner may make minor amendments to its Mining and Reclamation Plan subject to City staff review.. 6. Surety Bond/Letter of Credit. The Owner shall comply with 11-18-3 of the City’s Land Use Ordinance regarding sureties for active mining areas, necessary for compliance of approved phasing and reclamation plans. Processing, stockpile, lake surface and agricultural areas shall be exempt from surety requirements. 7. Noise. Noise generated within the Property shall not violate the Illinois Administrative Code, Title 35: Environmental Protection: Subtitle H: Noise: Chapter 1 Pollution Control Board sections 900.101-900.103 (“Applicable Noise Regulations”). The City, at its discretion, may hire a Noise Consultant to periodically test the noise levels wherever and whenever it wants at the border of or otherwise outside of the Owner’s property lines. All Noise Consultant expenses and fees shall be paid by the Owner. All Owner vehicles and third-party stripping contractors shall use white noise back-up alarms, unless such use is proscribed by a State adopted law or regulation. All topsoil stripping and overburden work on future mining areas depicted on the Mining Plans shall only be performed before Memorial Day and after Labor Day. The feeder shall remain a minimum distance from residential property lines of 500 feet. In the event noise levels from the Subject Property are approaching maximum limits set by the Applicable Noise Regulations, and noise complaints continue to be received from the community, Owner shall apply engineering noise controls, such as enclosures, barriers or mufflers of the offending equipment to alleviate the noise complaints. 8. Dust. Visible emissions of particulate matter shall leave the property line in strict compliance with the regulations set forth in 35 Illinois Administrative Code 212.301-316 relating to Visible and Particulate Matter Emissions and more specifically, Subpart K: Fugitive Particulate Matter. In addition, dust generated within the Subject Property shall not be permitted to leave the Subject Property at levels higher than the Federal and State PM 10 and PM 2.5 National Ambient Air Quality Standards. To verify compliance with this dust restriction, the City, at its discretion, may hire a Dust Consultant to periodically test the dust levels wherever and whenever it wants at the border of or otherwise outside of the Owner’s property lines, excluding entrances and adjacent to perimeter berm activity. Provided, however, the City will not enforce the PM 10 and PM 2.5 Standards referenced herein in high winds in excess of 25 mph, as determined by a one-hour average or hourly recorded value at the nearest official station of the U.S. Weather Bureau or by wind speed instruments operated on the site. In cases where the 189 McHenryCityof\LandReserves,LLC\Annex\Agmt Page 6 | 14 duration of operations subject to this rule is less than one hour, wind speed may be averaged over the duration of the operations on the basis of on-site wind speed instrument measurements. All Dust Consultant expenses and fees shall be paid by the Owner. 9. Groundwater. Groundwater passing through the Subject Property shall be monitored at one (1) on-site upgradient water well and two (2) on-site down gradient locations depicted on the Operations and Phasing Plan of the Mining Plans. Wells shall be provided by Owner no later than the commencement of mining operations. Groundwater samples, testing and expenses shall be paid by the Owner and shall be in accordance with accepted practice and applicable state, county, and local guidelines. Such groundwater shall not be permitted to leave the Subject Property, as technically feasible, at water quality levels less than the limits for parameters set forth under the McHenry County Unified Development Ordinance (UDO) for Earth Extraction Sites. Testing of the groundwater from these well sites shall be conducted and set forth under the parameters of the UDO. The samples collected shall be analyzed by a laboratory approved by the City and the results should include QA/QC documentation, including testing data such as date of receipt of sample, condition of sample, proper preservation of sample, etc. The City shall be notified of the proposed sampling dates and times so they, or their representative, can be present through a representative, and collect duplicate samples, as the City deems necessary. All quarterly testing results and reports shall be delivered to the City Administrator for confirmation of compliance with the applicable standards. 10. Illinois Route 120. Illinois Route 120 at the entrance of the Subject Property, shall be maintained by Owner to remove loose gravel and material from the mining activity and reduce dust with water to prevent track out. The driveway and entrance areas to Illinois Route 120 shall be paved at a minimum distance of 300’ from the street right-of-way and swept or vacuumed by Owner not less than two (2) days per week and upon reasonable request by the City. In addition, at the weigh station, signage will be clearly posted by Owner requiring all trucks hauling materials to clean the truck sides and back of loose material to prevent spillage. Owner’s employees shall inspect trucks leaving the Subject Property and notify drivers to clean loose gravel off their trucks as needed. Owner shall not ship mined materials off site until Illinois Department of Transportation permitted ingress/egress construction is complete. 11. Annual Written Report, with maps/diagrams, to the City Council, copy on Website including the following information over the prior 12 months. a. Annual aerial photos (use of drone video), which include topographic contours at 2- foot contour intervals showing the mining Plan activities on the Subject Property and written and oral reporting/update to City Council no later than December 31 of each year. b. Annual written report to include an accurate representation of the mining review progress and compliance with the Mining Plans from year to year and forecasting for the same during the next 12-month reporting period. c. Equipment modifications and movement, previous year and next operating season. d. Inspections by any agency including City, attended by designated Owner employee. e. Violations found to have existed, f. Complaints received. 190 McHenryCityof\LandReserves,LLC\Annex\Agmt Page 7 | 14 g. Fines issued. h. Groundwater monitoring performed/results. i. Required annual and quarterly reports, 12. Adjacent Property Annexation. Prior to the development of Owner’s adjacent North 36-acre property, located in the Village of Lakemoor, pursuant to an Annexation Agreement dated October 22, 2009 and upon the Annexation Agreement 15 year term expiration, Owner shall seek its disconnection rights with the Village. Upon successful disconnection, Owner shall agree to annex Owner’s adjacent North property to the City and develop the property pursuant to the terms of this Agreement. 13. No Violations. There shall be no substantial or recurring violations of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and regulations. 14. Penalty for Violation of this Agreement. a. Judicial Remedy. In the event that a complaint is filed with the City or the City initiates its own complaint for Owner’s violation of the terms of this Agreement, the complaint shall, in the exclusive discretion of the City be filed in the 22nd Judicial Circuit Court, McHenry County, Illinois or referred to the City Administrative Adjudication Process and the hearing officer or circuit court judge shall have specific authority under the terms of this Agreement, should a finding of a violation be made, of imposing fines against Owner for an amount up to and including $1,000 per day for each day of the violation (unless the amount of the fine, fee or penalty is set forth more specifically elsewhere in this Agreement for the alleged violation, which more specific section shall apply). Provided, however, prior to filing any such complaint in court or referral of any complaint to the Administrative law judge of the City, the City shall provide Owner with a copy of the complaint and any follow up investigations performed by the City relating to the alleged violation, and provide Owner with an opportunity to cure the alleged violation of not less than seven (7) days, and if the violation is found by the City Administrator to continue to allegedly exist thereafter, the matter may then be referred to the City Administrative Adjudication Process or circuit court. This opportunity to cure shall not be required for an alleged repeat violation of the same nature, which occurs within 180 days of a prior violation, the nature of which, is determined the City Administrator. In addition to imposing fines, the Circuit Court or Administrative law judge shall have the power to suspend or terminate the mining operations of Owner, depending on the circumstances. 15. Time of Essence. It is understood and agreed by the Parties that time is of the essence to this Agreement, and that the Parties will make every reasonable effort, including the calling of special meetings, to expedite the matter. It is further understood and agreed by the Parties that the successful consummation of this Agreement requires their continued cooperation. Owner agrees and acknowledges that upon action by City Council approving this Agreement and adopting the appropriate ordinances, Owner shall have sixty (60) days therefrom to execute and deliver to the City the Agreement and any other necessary documents, for purposes of enabling the City Clerk to finalize and record the Agreement and complete the annexation and 191 McHenryCityof\LandReserves,LLC\Annex\Agmt Page 8 | 14 zoning of the Property as required by statute. The sixty (60) day deadline may be mutually extended by the Parties if warranted. Failure to comply with this deadline, or any extensions, shall be deemed an abandonment of the annexation proceedings. 16. Enforceability. In the event either party to the Agreement files suit to enforce the terms hereof, the prevailing party shall be entitled to recover, as part of the costs otherwise allowed, its reasonable attorney's fees incurred therein. 17. Venue. Each proceeding pursuant to or in connection with this Agreement or amendment thereto shall be brought in the 22"'' Judicial Circuit, McHenry County, Illinois, and the City and the Owner hereby consent to jurisdiction and venue in that Court. This Agreement has been negotiated, executed and delivered at and shall be deemed to have been made in the City of McHenry, McHenry County, Illinois. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, regardless of any present or future domicile or principal place of business of the Owner. The Owner and the City hereby consent and agrees that the Circuit Court of McHenry County, Illinois, shall have exclusive jurisdiction to hear and determine any claims or disputes between the City and the Owner pertaining to this Agreement or to any matter arising out of or related to this Agreement. The Owner and the City expressly submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and the Owner and the City hereby waive any objection which the Owner and the City may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. 18. Berms and Fencing. Owner shall cause the boundaries of the Property to be enclosed by a fence, berm or other screening in a manner and configuration depicted on the Operations and Phasing Plan of the Mining Plans. Berms shall be designed so that they do not erode into the road or highway right-of-way or onto the adjoining property. All active operations shall be contained by an earthen berm of not less than six (6) feet in height and/or a farm fence of not less than fifty-four (54) inches in height, of such a design so as to allow the free flow of wild animals, but to discourage trespassing by humans and farm animals. Berms shall be planted with grass, shrubs and trees and maintained as a visual and acoustical screen. A gate shall be placed at the main entrance that will be kept locked whenever the Owner, Operator or their agent is not on site. 19. Mining Setbacks. Earth extraction and/or mining operation(s) setbacks shall be in a manner and configuration depicted on the Operations and Phasing Plan of the Mining Plans. Earth extraction and/or mining operation(s) that remove and do not replace the lateral support, shall not approach property lines, established right-of-way lines of any public roads, streets or highways closer than a distance equal to thirty (30) feet or a distance equal to one and one-half (1.5) times the depth of the excavation, unless a lesser distance is mutually agreed to by the operator and adjacent property owner and submitted in writing, per Section 14.3 P.7.e. ii of the 2014 McHenry County Unified Development Ordinance (UDO), as amended. 20. State Natural Inventory. The Illinois Department of Natural Resources (IDNR) indicates records of the state-listed Blanding’s turtle in the vicinity of the project area. Owner shall 192 McHenryCityof\LandReserves,LLC\Annex\Agmt Page 9 | 14 educate on-site personnel for species identification by providing life cycle information and photos. Owner shall notify IDNR if the species are encountered at the project site. 21. Engineering and Planning Documents. The mining and extraction operation and reclamation activity of the Property shall be in general compliance with the Engineering and Planning Documents as submitted by Owner at the time of annexation namely the Site, Operations/Mining and Reclamation Plans prepared by Scheflow Engineers dated ____________, 20__ and attached hereto as Exhibit B, with the relevant provisions of Chapter 18 of the City’s Land Use Ordinance, as modified herein, applicable engineering standards, and with the provisions set forth in this Annexation Agreement. Final engineering plans describing in detail the mining and extraction activity and all associated land disturbing activities and required improvements pertaining to the mining and extraction use, including but not limited to site grading, top soiling specifications, seeding, landscaping, and site access drive plans, shall be submitted to the City for review and approval by the City prior to commencement of building and site development activities. As may be applicable, Owner shall comply with the requirements of Chapter 18 of the City's Land Use Ordinance prior to the commencement of operations. The City and Owner recognize that Exhibit B depicts the present and intended operations within the Property for the uses contemplated by this Agreement and that on-going operations may require revisions from time to time. 22. Inspection. During the term of the Conditional use granted herein and subject to reasonable notice and consistent with the state, county and federal regulations, the City shall have access to the Property to enable the staff to monitor compliance with this Agreement. No inspection fees will be required for the duration of this Agreement. For purposes of this Section, "inspection fees" does not mean "fines, fees, penalties and court costs" associated with any statutory, code, or ordinance enforcement action by the City. 23. Compliance with Federal, State, County and City Regulations. a. Owner shall comply with all applicable federal, state, and county regulatory requirements. b. Except as otherwise provided in this Agreement, Owner's mining operations shall comply with the provisions of Chapter 18 of the City's Land Use Ordinance and the applicable provisions of Section 14.3.P of the McHenry County Unified Development Ordinance. 24. Safety. All mining and related operations on the Property shall be conducted in a safe manner and will follow U.S. Department of Labor Mine Safety and Health Administration Safety Regulations. 25. Site Maintenance. The site shall be maintained in a neat and orderly condition, free of all debris, junk, trash, waste products or materials, and abandoned equipment which are no longer used or unless capable of being used by the Owner in its Operations. Buildings, if any, shall be maintained in good repair and appearance. Berms and fences shall be maintained to present a neat appearance free from all litter. 193 McHenryCityof\LandReserves,LLC\Annex\Agmt Page 10 | 14 26. Reimbursement of Fees. The Owner is required to deposit $10,000 to reimburse the City for any attorneys' fees, engineering fees, and such other costs or fees incurred by the City in connection with these annexation and zoning proceedings. In the event that these costs exceed $10,000, the Owner shall pay the additional costs. If costs are less than $10,000, the City will reimburse the unspent balance to the Owner. This provision shall not apply to future zoning proceedings of the Property or portions thereof for any mixed-used or other developments. 27. Point of Sale. To the extent lawfully permitted by the Illinois Department of Revenue, the point of sale of excavated materials from the site shall be deemed to originate in the City of McHenry. C. MISCELLANEOUS 1. General Application of Ordinances. Except as otherwise specified herein, all City ordinances of general applicability shall apply to the Property, the Owner and all successors and assigns in title. 2. Less Restrictive Ordinances or Codes. If, during the term of this Agreement, except as otherwise specifically agreed upon in this Agreement, namely the Owner's operation of a mining operation, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of improvements, buildings or appurtenances, or any other development of any kind or character upon the Property are amended or modified in a manner to impose less restrictive requirements on development of, or construction upon, properties in similarly zoned and developed parcels within the City not subject to annexation agreements, then at Owner's election the less restrictive requirements shall be binding upon the Owner, its successors and assigns. 3. "Grandfathering". During the Term of this Agreement, Owner's operations as applicable shall be grandfathered and Owner shall be allowed to maintain the following on the Property; a. Farming and grazing; and b. "Mining operations" will continue to be classified under the Agricultural Mining Overlay (A-M) zoning classification and any amendment to the Agricultural Mining Overlay (A-M) zoning classification standards and permitted and conditional uses shall not apply to the Property. These grandfathered provisions shall remain in place as provided in this Section C.3 except in the event that the United States and/or State of Illinois impose mandatory or more restrictive standards that the City cannot waive, in which case such federal and/or state standards shall apply. 4. Covenants Running with the Land. The covenants and agreements contained in this Agreement shall inure to the benefit of and be binding upon the successors in title and assigns of the Owner and each of them, and upon the successor Corporate Authorities and each of them, and upon the successor municipalities of the City, and shall constitute covenants running with the land. 5. Regulations of Other Governmental Units. During the term hereof, the Owner shall conduct its Operations in compliance with the statutes, rules and regulations of the State of Illinois, its departments, agencies and bureaus, including the Department of Mines and Minerals, the Environmental Protection Agency and specifically including the statutory requirements of the 194 McHenryCityof\LandReserves,LLC\Annex\Agmt Page 11 | 14 Surface-Mined Land Conservation and Reclamation Act (225 ILCS 715-1, et seq.) and Title 35, Subtitle D, Chapter 1: Mine Related Water Pollution Rules and Regulations (35 III. Adm. Code 401.101). 6. Severability. If any provision of this Agreement, other than the provisions relating to the requested zoning changes and the ordinances adopted in connection therewith, is held invalid by any court of competent jurisdiction, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect any of the other provisions contained herein 7. Prior Agreements. This Agreement supersedes all prior agreements, negotiations and exhibits which conflict herewith, and is a full integration of the entire agreement of the Parties. 8. Amendment. This Agreement may be amended only by the mutual consent of the Parties, by adoption of an ordinance by the City approving said amendment as provided by law, and by the execution of said amendment by the parties or their successors in interest. The Parties acknowledge that certain future amendments may affect only a portion of the Property. In such event, this Agreement may be amended by written agreement between the City and the legal Owner of fee title to that portion of the Property which is subject to and affected by such amendment as provided by law; provided, that such amendment, if not executed by the then Owner of other portions of the Property, shall in no manner alter, amend, or modify any of the rights, duties or obligations as set forth in this Agreement as they pertain to such other portions of the Property. 9. Notice. Unless notified in writing, all notices, requests and demands shall be in writing and shall be delivered to or mailed by certified mail, return receipt requested, postage prepaid, as follows: To the City: City of McHenry 333 South Green Street McHenry, Illinois 60050 Attention: City Administrator City's Attorney: David W. McArdle Zukowski, Rogers, Flood & McArdle 50 Virginia Street Crystal Lake, Illinois 60014 To the Owner: Land Reserves, LLC 5435 Bull Valley Road Suite 330 McHenry, IL 60050 The signed return receipt or an affidavit of mailing or proof of service shall be sufficient proof of delivery for all purposes. 10. Indulgences Not Waivers. The City's failure, at any time or times hereafter, to require strict performance by the Owner of any provision of this Agreement, shall not waive, affect, or diminish any right of the City thereafter to demand strict compliance and performance therewith. 195 McHenryCityof\LandReserves,LLC\Annex\Agmt Page 12 | 14 11. Sale of Property. It is expressly understood and agreed that the Owner may sell or convey all or any part of the Property for the purposes of development, and upon each sale or conveyance, the purchaser shall be bound by the obligations and entitled to the benefits of this Agreement with respect to the part of the Property sold or conveyed. The Owner shall notify the City of such purchase or agreement or assumption of responsibilities. A selling owner of all or any portion of the Property, however, shall only be released where: a. Upon the conveyance by Owner (“Transferor”) to a third party (“Transferee”) the rights and obligations of Transferor shall be deemed assigned to and assumed by such Transferee, and Owner shall thereupon be released and discharged by the City from further obligation pertaining to such identified rights and duties. The Transferee shall thereupon be entitled to exercise all rights and authorities and shall perform all duties and obligations of Owner pertaining to such phase of development or portion of the property. The Transferee shall comply with the applicable requirements of this Agreement pertaining to the posting of guarantees with the City affecting the portion of the Property conveyed. Any such guarantee previously posted by the Transferor shall be released by the City upon the delivery to the City by the Transferee of a substitute guarantee in the appropriate amount, in proper form and issued by a financial institution approved by the City with respect to all of Owner’s obligations pursuant to this Agreement; and b. There is no uncured or existing violation of the City's ordinances or this Agreement. 12. Owner's Agreement Not to Disconnect the Property. Notwithstanding any rights that the Owner may have to disconnect the Property from the City pursuant to the Illinois Municipal Code (the "Code"), including but not limited to Section 7-3-6 of the Code, the Owner agrees to i) waive any and all rights to disconnect the Property from the City in exchange for the benefits conferred upon the Property by this Agreement and ii) not to, at any time, disconnect the Property from the City. 13. Indemnity. The Owner shall defend, indemnify and hold harmless the City, its past, present and future officers, employees and agents (hereinafter "City Indemnitees") from and against all claims, liabilities, losses, taxes, judgments, costs, fees, including expenses and reasonable attorneys' fees, arising out of and in connection with this Agreement, its terms and conditions, the annexation, development, and zoning of the Property. 14. Code Variations. The Owner, at its sole discretion, shall have the option to install a well and septic system to provide potable water for permanent restroom facilities or portable restroom facilities for its employees, agents and guests in the scale house. This waiver is limited in duration to the period of during which the Owner conducts activities in accordance with the Conditional Use Permit for aggregate mining operations. 15. Future Development. Owner's future development of the Property shall be pursuant to the Subdivision and Zoning Ordinances of the City then in effect. 16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. 196 McHenryCityof\LandReserves,LLC\Annex\Agmt Page 13 | 14 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written. LAND RESERVES, LLC CITY OF McHENRY By: ______________________________ By: ______________________________ Jack Pease, Managing Member Wayne Jett, Mayor CITY: [SEAL] ATTEST: By: _______________________________ Monte Johnson, Deputy City Clerk Signed before me on this _____day of __________ 20__ By: _______________________________ Notary Public EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 30 AND PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART THEREFROM DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER SECTION, 1314.8 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE WEST 1392.5 FEET TO A POINT WHICH IS 1320.2 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTHERLY TO A POINT 933.57 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE WEST PARALLEL WITH AND 933.39 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER SECTION, 1338.22 FEET, MORE OR LESS, TO THE WEST LINE OF SAID QUARTER SECTION; THENCE NORTH 933.39 FEET TO THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE EAST 2727.0 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING; ALSO EXCEPT THE EAST 220.0 FEET OF SAID QUARTER SECTION LYING SOUTH OF THE AFOREMENTIONED EXCEPTION, TOGETHER WITH THAT PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF STATE ROUTE NO. 120, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 122.22 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 514.7 FEET; THENCE SOUTH PARALLEL WITH WEST LINE OF SAID SECTION, 160 FEET; THENCE SOUTHWESTERLY 419.3 FEET TO A POINT IN THE CENTERLINE OF STATE ROUTE NO. 120, SAID POINT BEING 444.7 FEET EAST (MEASURED AT RIGHT ANGLES) OF A POINT IN THE WEST LINE OF SAID SECTION WHICH IS 282.22 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 31; THENCE SOUTHEASTERLY 197 McHenryCityof\LandReserves,LLC\Annex\Agmt Page 14 | 14 ALONG THE CENTERLINE OF SAID HIGHWAY, BEING A CURVED LINE CONVEX NORTHEASTERLY, HAVING A RADIUS OF 1240.0 FEET FOR A DISTANCE OF 172.98 FEET TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY TANGENT WITH THE LAST DESCRIBED CURVE, 559.8 FEET TO A POINT; THENCE NORTHEASTERLY 1434.75 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF SAID SECTION 31, 477.75 FEET EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 31, 1898.1 FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PART ACQUIRED FOR ROAD PURPOSES BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN CASE NO. 92ED16, IN MCHENRY COUNTY, ILLINOIS. PIN: 10-31-101-012 and 10-30-300-006 EXHIBIT B MINING AND DEVELOPMENT PLANS 198 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 23- AN ORDINANCE ANNEXING TO THE CITY OF MCHENRY 110 ACRES LOCATED NORTH OF STATE ROUTE 120 AND EAST OF CHAPEL HILL ROAD WHEREAS, Land Reserves, LLC is the legal owner (“Owner”) of record of real property, consisting of parcels containing approximately 110 acres, legally described in Exhibit A attached hereto and made a part hereof, (the "Property"); and WHEREAS, the City of McHenry (“City”) has received a petition from Owner requesting annexation of Property to the City; and WHEREAS, the petition complies with the relevant statutory requirements of 65 ILCS 5/7- 1- 8 and has been accepted by the City; and WHEREAS, said Property is not within the corporate limits of any municipality, other than the County of McHenry, and is contiguous to the corporate boundaries of the City; and WHEREAS, this Ordinance is intended to facilitate the development of the Property subject to an Annexation Agreement ("Agreement") between the Owner and the City executed herewith, and shall be construed liberally to achieve that purpose, and shall further be construed to be consistent with the other ordinances passed this day by the Mayor and City Council regarding the Agreement. WHEREAS, the Mayor and City Council have determined that it is in the best interest of the City to approve and execute the Agreement. WHEREAS, the City, 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 ORDAINED by the Mayor and City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: The above recitals are incorporated herein as part of the operative substance of this Ordinance, including as findings of fact. 199 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org SECTION 2: The City of McHenry hereby accepts and approves of the annexation petition and the annexation of the Property, which consists of 110 acres, more or less, located in an unincorporated portion of McHenry County, McHenry Township, and is legally described in Exhibit A, attached hereto. SECTION 3: Upon execution of and satisfaction of all conditions outlined in the Annexation Agreement within 60 days from City Council's action approving the annexation, the City Clerk is hereby directed to record in the Office of the Recorder of Deeds and file in the Office of the County Clerk of McHenry County, Illinois, and the post office serving the Property within 30 days of the effective date of this Ordinance, a certified copy of this Ordinance, together with a Plat of Annexation of the Property hereby annexed, attached hereto and made a part hereof. SECTION 4: 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 5: All ordinances or parts of ordinance in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. Passed this 5th day of June, 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 200 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 30 AND PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART THEREFROM DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER SECTION, 1314.8 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE WEST 1392.5 FEET TO A POINT WHICH IS 1320.2 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTHERLY TO A POINT 933.57 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE WEST PARALLEL WITH AND 933.39 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER SECTION, 1338.22 FEET, MORE OR LESS, TO THE WEST LINE OF SAID QUARTER SECTION; THENCE NORTH 933.39 FEET TO THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE EAST 2727.0 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING; ALSO EXCEPT THE EAST 220.0 FEET OF SAID QUARTER SECTION LYING SOUTH OF THE AFOREMENTIONED EXCEPTION, TOGETHER WITH THAT PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF STATE ROUTE NO. 120, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 122.22 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 514.7 FEET; THENCE SOUTH PARALLEL WITH WEST LINE OF SAID SECTION, 160 FEET; THENCE SOUTHWESTERLY 419.3 FEET TO A POINT IN THE CENTERLINE OF STATE ROUTE NO. 120, SAID POINT BEING 444.7 FEET EAST (MEASURED AT RIGHT ANGLES) OF A POINT IN THE WEST LINE OF SAID SECTION WHICH IS 282.22 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 31; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HIGHWAY, BEING A CURVED LINE CONVEX NORTHEASTERLY, HAVING A RADIUS OF 1240.0 FEET FOR A DISTANCE OF 172.98 FEET TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY TANGENT WITH THE LAST DESCRIBED CURVE, 559.8 FEET TO A POINT; THENCE NORTHEASTERLY 1434.75 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF SAID SECTION 31, 477.75 FEET EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 31, 1898.1 FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PART ACQUIRED FOR ROAD PURPOSES BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN CASE NO. 92ED16, IN MCHENRY COUNTY, ILLINOIS. PIN: 10-31-101-012 and 10-30-300-006 201 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 23- AN ORDINANCE GRANTING APPROVAL OF A PRELIMINARY AND FINAL PLAT OF SUBDIVISION OF MCHENRY LAKES BUSINESS PARK SUBDIVISION 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 Land Reserves, LLC. (“OWNER”) requesting approval of the subdivision of the property legally described in “Exhibit A”; and WHEREAS, a public meeting on said petition was held before the Planning and Zoning Commission on January 15, 2023 in the manner prescribed by ordinance and statute, and as a result of said meeting, the Planning and Zoning Commission did recommend to the City Council the granting of the requested final plat of subdivision; and WHEREAS, the City Council finds that the approval of the final plat is in conformance with the ordinances of the City. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the final plat titled, “Final Plat of McHenry Lakes Business Park Subdivision,” prepared by Manhard Consulting, and bearing the date 4/28/22, attached hereto (“Exhibit B”) and incorporated herein by reference, be and the same is hereby approved. SECTION 2: All ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. 202 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Passed this 5th day of June, 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 203 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 30 AND PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART THEREFROM DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER SECTION, 1314.8 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE WEST 1392.5 FEET TO A POINT WHICH IS 1320.2 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTHERLY TO A POINT 933.57 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE WEST PARALLEL WITH AND 933.39 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER SECTION, 1338.22 FEET, MORE OR LESS, TO THE WEST LINE OF SAID QUARTER SECTION; THENCE NORTH 933.39 FEET TO THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE EAST 2727.0 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING; ALSO EXCEPT THE EAST 220.0 FEET OF SAID QUARTER SECTION LYING SOUTH OF THE AFOREMENTIONED EXCEPTION, TOGETHER WITH THAT PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF STATE ROUTE NO. 120, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 122.22 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 514.7 FEET; THENCE SOUTH PARALLEL WITH WEST LINE OF SAID SECTION, 160 FEET; THENCE SOUTHWESTERLY 419.3 FEET TO A POINT IN THE CENTERLINE OF STATE ROUTE NO. 120, SAID POINT BEING 444.7 FEET EAST (MEASURED AT RIGHT ANGLES) OF A POINT IN THE WEST LINE OF SAID SECTION WHICH IS 282.22 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 31; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HIGHWAY, BEING A CURVED LINE CONVEX NORTHEASTERLY, HAVING A RADIUS OF 1240.0 FEET FOR A DISTANCE OF 172.98 FEET TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY TANGENT WITH THE LAST DESCRIBED CURVE, 559.8 FEET TO A POINT; THENCE NORTHEASTERLY 1434.75 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF SAID SECTION 31, 477.75 FEET EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 31, 1898.1 FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PART ACQUIRED FOR ROAD PURPOSES BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN CASE NO. 92ED16, IN MCHENRY COUNTY, ILLINOIS. PIN: 10-31-101-012 and 10-30-300-006 204 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT B Final Plat of McHenry Lakes Business Park Subdivision prepared by Manhard Consulting, and bearing the date 4/28/22 205 PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMTMMCHENRY LAKES BUSINESS PARKMCHENRY, ILLINOISFINAL PLAT OF SUBDIVISION206 ’“”“”“”’PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMTMMCHENRY LAKES BUSINESS PARKCITY OF MCHENRY FINAL PLAT OF SUBDIVISION’’“”“”207 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 23- ORDINANCE GRANTING A ZONING MAP AMENDMENT, ZONING VARIATIONS, AND CONDITIONAL USE PERMIT FOR EARTH EXTRACTION, EARTH MATERIALS PROCESS OPERATIONS, ASPHALT/CONCRETE RECYCLING OPERATIONS, AND OUTDOOR STORAGE ASSOCIATED WITH THE OPERATION OF A GRAVEL PIT AND CONSTRUCTION OF A LAKE 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 Land Reserves, LLC. (“OWNER”) requesting approval of Zoning Map Amendments, Zoning Variations, and a Conditional Use Permit for the operation of a gravel pit on the property commonly known as 2014 W. IL Route 120, legally described on “EXHIBIT A”, attached hereto and incorporated herein, “SUBJECT PROPERTY”; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on January 15, 2023 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend denial of the request to the City Council; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the request is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals, and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted approval of a Zoning Map Amendment on Lot 1 of McHenry Lakes Business Park Subdivision to C-5 Highway Commercial District, and RS-1 Low Density Single Family Residential with Agricultural Mining Overlay Zoning District on Lot 2 of McHenry Lakes Business Park Subdivisions. SECTION 2: In granting said Zoning Map Amendments, the City Council finds that the Approval Criteria for Zoning Map Amendments, listed in §11-5-5 of the City of McHenry Zoning Ordinance have been met. 208 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org SECTION 3: That the SUBJECT PROPERTY is hereby granted approval of a Conditional Use Permit to allow extraction, earth materials processing operations, asphalt/concrete recycling operations and outdoor storage associated with the operation of a gravel pit and construction of a lake on Lot 2 of McHenry Lakes Business Park Subdivision subject to the following conditions: 1. All operations and development on site shall be in substantial conformance with the Development Plan for McHenry Lakes dated revised 12/15/22 and the McHenry Lakes Plan Set dated 4/30/21 attached hereto, and incorporated herein, as “Exhibit B”. 2. The Property Owner shall be responsible for amending the Facilities Planning Area (FPA) within a reasonable timeframe as determined by the Zoning Administrator. 3. All outdoor storage shall be related to the existing on-site business operations. SECTION 4: In granting said Conditional Use Permit, the City Council finds that the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance have been met. SECTION 5: That the SUBJECT PROPERTY is hereby granted approval of the following Zoning Variations: 1. Berm Height: 6-8’ in lieu of 10’ required. 2. Mining Operations Other Than Crushing – Setback Distance: between 30-50’ in lieu of 100’ required. 3. Crushing Activities Setback Distance of 712’ in lieu of the required 750’. 4. Hours of Operation: exemption to operate outside Ordinance requirements to meet contractual obligations from time-to-time. SECTION 6: In granting said Zoning Variations, the City Council finds that the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 7: 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 8: 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 5th day of June, 2023. 209 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 210 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 30 AND PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART THEREFROM DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER SECTION, 1314.8 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE WEST 1392.5 FEET TO A POINT WHICH IS 1320.2 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTHERLY TO A POINT 933.57 FEET SOUTH OF A POINT IN THE NORTH LINE OF SAID QUARTER SECTION, WHICH IS 1379.0 FEET WEST OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE WEST PARALLEL WITH AND 933.39 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER SECTION, 1338.22 FEET, MORE OR LESS, TO THE WEST LINE OF SAID QUARTER SECTION; THENCE NORTH 933.39 FEET TO THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE EAST 2727.0 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING; ALSO EXCEPT THE EAST 220.0 FEET OF SAID QUARTER SECTION LYING SOUTH OF THE AFOREMENTIONED EXCEPTION, TOGETHER WITH THAT PART OF GOVERNMENT LOTS 1 AND 2 OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 45 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF STATE ROUTE NO. 120, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 122.22 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 514.7 FEET; THENCE SOUTH PARALLEL WITH WEST LINE OF SAID SECTION, 160 FEET; THENCE SOUTHWESTERLY 419.3 FEET TO A POINT IN THE CENTERLINE OF STATE ROUTE NO. 120, SAID POINT BEING 444.7 FEET EAST (MEASURED AT RIGHT ANGLES) OF A POINT IN THE WEST LINE OF SAID SECTION WHICH IS 282.22 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 31; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID HIGHWAY, BEING A CURVED LINE CONVEX NORTHEASTERLY, HAVING A RADIUS OF 1240.0 FEET FOR A DISTANCE OF 172.98 FEET TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY TANGENT WITH THE LAST DESCRIBED CURVE, 559.8 FEET TO A POINT; THENCE NORTHEASTERLY 1434.75 FEET, MORE OR LESS, TO A POINT IN THE NORTH LINE OF SAID SECTION 31, 477.75 FEET EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 31, 1898.1 FEET TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PART ACQUIRED FOR ROAD PURPOSES BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN CASE NO. 92ED16, IN MCHENRY COUNTY, ILLINOIS. PIN: 10-31-101-012 and 10-30-300-006 211 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT B • Development Plan for McHenry Lakes dated revised 12/15/22 • McHenry Lakes Plan Set dated 4/30/21 212 Development Plan for McHenry Lakes Presented to the City of McHenry Prepared By: A Proven History…... .…. A Future Commitment Jack Pease 5435 Bull Valley Road Suite 330 McHenry, IL 60050 Office: 815-385-8000 Mobile: 815-790-1293 Revised 12/15/22 213 Table of Contents 1. Petition Request Outline 3 2. Property Background Information 2.1 Aerial Map 4 2.2 City of McHenry Zoning Map 5 2.3 City of McHenry Future Land Use Map 6 2.4 Aggregate Resources – McHenry County 2030 Comprehensive Plan 7 2.5 City of McHenry Mining History 8 2.6 Proposed Development Comparison 9 2.7 McHenry County Aggregate Locations – Map 10 3. Proposed Development Information 3.1 Development Narrative 11-15 3.2 Projected Traffic & Sales Volume 16 3.3 Projected Tax Revenue 17 3.4 Survey 18 3.5 Current Conditions Plan 19 3.6 Operations & Phasing Plan 20 3.7 Operations & Phasing Plan Detail 21 3.8 Landscaping, Reclamation and Grading Plan 22 3.9 Stormwater Pollution Prevention Plan 23 3.10 Subdivision Final Plat 4-25 3.11 McHenry Lakes Development Sketch Plan 26 3.12 Adjacent Lakemoor Property Development Plan 27 3.13 Chapel Hill Rd. Landscaped Berm Section 28 3.14 Berm Ordinance and Proposed Comparable Sections 29 3.15 Proposed Berm Setback Photos 30-31 3.16 Mining Setback Ordinance and Proposed Comparable Sections 32 3.17 Berm & Mining Setback Ordinance Photo 33 3.18 Proposed Mining Setback Photos 34 4. Developer Background Information 4.1 Development Project List 35 4.2 Aggregate Site & Development Photos 36-45 5. Petition Summary Information 5.1 Conditional Use Approval Criteria (Zoning Ordinance - Table 31)46-47 5.2 Minimal Impact Summary 48 5.3 Petition Request Rationale 49 McHenry Lakes Development Plan December 2022 2/50214 1.0 Petition Request Outline In the manner and form as prescribed by the City of McHenry Code of Ordinances and statute, Jack Pease, managing member of Land Reserves, LLC, owner of said property, petitions the City of McHenry as outlined below: ¾Petition for an Annexation Ordinance, annexing property contiguous and adjacent to the boundaries of the City of McHenry. Approximately 110 Acres, PIN: 10-31-101-012 & 10-30- 300-006. ¾Upon Annexation: o Subdivision Plat approval for 2 lots. Lot 1 shall be zoned C-5 (Highway Commercial Zoning District). Lot 2, approximately 103 acres, shall be zoned RS-1/A-M (Low Density Single-Family Residential with an Agricultural Mining Overlay). o Conditional Use approval on Lot 2, allowing extraction, earth materials processing operations and asphalt/concrete recycling operations, per plan. 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DUKER SCHOOLSHAMROCKFARMS PARKFOX RIDGEPARK POSTOFFICECOLD SPRINGSPARKN.I.M.C.McHENRY H.S.EASTKNOXPARKBOULDERCREEKPARKWHEELERPARK SWEENYPARKPETERSENPARK PETERSENHISTORICFARMINDEPENDENCE CTCHESAPEAKE DRIVEALTHOFF PARKO-1O-1O-1O-1O-1O-1O-1O-1O-1O-1O-154129836734283335292032111021242726233612252219303167313019RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-2RM-1RM-1RM-1RM-1RM-1RM-1RM-1RM-1RM-1RM-1RM-1RS-3RS-3RS-3RS-3RS-3RS-3RS-3RS-3RS-3RS-3A-MI-1I-1*I-1I-1I-1I-1I-1I-1I-1I-1I-1*I-1I-1I-1HCBPBPBPBPO-2O-2O-2O-2O-2O-2O-2O-2O-2O-2O-2C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-5C-4C-4C-4C-4C-3C-3C-3C-3C-3C-3C-3C-3C-3C-3C-3C-2C-2C-2C-2C-1C-1IDDRA-1RA-1RA-1RA-1RA-1RA-1RA-1RS-4RS-4RS-4RS-4RS-4RS-4RS-4RS-4RS-4RS-4RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-2RS-1RS-1RS-1RS-1RS-1RS-1RS-1RS-1RS-1EEE**EEEEEE*EE*EEEE*1817161513141415161317181818REVISIONS1.2.3.4.#BY: DATE:DWN BY:CJPDSN BY:MACCHK BY:CJPINT:INT:INT:DATE:3-19-18PROJECT NO.180011HORIZ SCALE:1"=800'VERT SCALE:-SHEET NO.1 OF 1Revised03-19-18 Marci Geraghty - Deputy City ClerkOFFICIAL 2018CITY OF McHENRYZONING MAPMcHENRY, ILLINOIS* Subject to terms and provisions of an annexation agreement (See annexation agreement)** MunicipalZoning DistrictsCity LimitsEEstate DistrictRS-1Low-Density Single Family ResidentialRS-1AMedium-Low Density Single-Family ResidentialRS-2Medium-Density Single-Family ResidentialRS-3Medium-High-Density Single-Family ResidentialRS-4High-Density Single-Family ResidentialRA-1Attached ResidentialRM-1Low-Density Multi-Family ResidentialRM-2High-Density Multi-Family ResidentialIDDIntegrated Design DistrictC-1Convenience CommercialC-2Neighborhood CommercialC-3Community CommercialC-4Downtown CommercialC-5Highway CommercialO-1Local OfficeO-2Office ParkBPBusiness Park DistrictHCHealth Care DistrictI-1IndustrialA-MAgricultural & Mining Overlay DistrictRS-1CRYSTAL LAKE ROADCRYSTAL LAKE ROADBULL VALLEY ROADOfficial 2018 City of McHenry Zoning MapMcHenry, IllinoisTHIS MAP IS REVISED ANNUALLY1 inch = 800 feet800 0 800 1,600Feet±03-19-18 Marci Geraghty - Deputy CCCCCCCity ClerkereOFFICIAL 2018 McHenry Lakes Development Plan December 2022 5/50PIQ PAGE 5217 BULL VALLEY ROADRINGWOOD ROADWALKUP ROADBARREVI L L E R O A D BARNARD MILL ROADMCCULLOM LAKE ROADRIDGE ROADRIVERSIDE DRIVELILY LAKE ROADMASON HILL ROADNISH ROADVALLEY HILL ROADCHAPEL HILL ROADCRYSTAL LAKE ROADTHOMPSON ROADDRAPER ROADAMES ROADCRYSTAL SPRINGS ROADCURRAN ROADGRACY ROADOAK RIDGE ROADWONDER LAKE ROADBAY ROADW JOHNSBURG ROADRIDGEVIEW DRIVECHERRY VALLEY ROADJUSTEN ROADJOHNSBURG ROADCOLD SPRINGS ROADJOHN STREETOAK DRIVERIVER TERRACE DRIVELILY POND ROADE WONDER LAKE ROADSUNSET DRIVESHADY LANENEWPORT DRIVEDOWELL ROADNORTHPOINT ROADBAYVIEW LANEWONDERMERE ROADCHARLES J MILLER ROADCONCORD DRIVERAMBLE ROADTYLER TRAILMARTIN ROADSWEETWATER LANEWEGNER DRIVECUHLMAN ROADBAY OAKS DRIVE KENT ROADPLEASANT HILL ROADRIDGEWAY ROADPITZEN ROADBURTON ROADWEINGART ROADDORR ROADHOME AVENUEWHITING DRIVE RED BARN ROADSEMINOLE DRIVECOUNT RY DRIV E HILLTOP BOULEVARDCOLB Y D RI V E ORCHARD BEACH ROADMICHAEL STREETANTHONY LANEHOLIDAY DRIVEVETERANS PARKWAYMEADOW LANEORLEANS STREETBURNETT ROADCUNAT DRIVEFARMSTEAD DRIVEFAWN LANEBISCAYNE DRIVEGLENBROOK TRAILCOURT STREETOAKWOOD DRIVEOSAGE ROADW FERNVIEW LANERIVERDALE DRIVEREGNER ROAD ORCHARD DRIVESHADOW LANESTATE PARK ROADORCHARD LANE CHICKALOON DRIVEKANE AVENUELILLIAN S TREE T SHORE DRIVEHAMLIN ROADSPRING ROADMAPLE AVENUEPARKVIEW DRIVEANEWAUKEGAN ROADOJIBW A L A N E SWARTHMORE ROADAUGUST LANEALEXANDER DRIVEVALLEY ROADINDIAN DRIVEJOYCE LANEWONDERVIEW DRIVEVENICE ROADREICHE LANESTERLING DRIVECRYSTAL WAYBURTON TR A I L FAIRWAY ROADTWIN OAKS DRIVE STONEGATE DRIVEHIGHWOOD ROADFOX RUNCOLBY POINT ROADWHITMORE TRAILFRONT ROYAL DRIVEWOOD STREETVINE AVENUEW MAY AVENUEKAMA AVENUERONDA ROADDUTCH CREEK LANEPINE AVENUEBONNER DRIVECHERRY DRIVEFAWN TRAILWALNUT DRIVENORTH BOULEVARDCASTLEBERRY DRIVEDARTMOOR DRIVEREEKSIDE DRIVEN LONG LAN E BURR OAK DRIVECENTER STREETTULIP STREETJACOBSON ROADBRETONS DRIVEBLAKE BOULEVARDABBEY DRIVEKINGS WAYDEERWOOD TRAILMATANUSKA TRAILLEWIS LANE IVY LANEGREENWOOD DRIVEBERRY COURTFLYNN STREETN ELMKIRK PARKMOHAWK DRIVECREEKSIDE TRAILSKYWAY DRIVECHESTNUT DRIVEBENJAMIN DRIVELILY LANESTICKNEY RUNLONGFORD LANEBRENTWOOD LANECENTEGRA DRIVEBURNING TREE DRIVEBEACH AVENUELORIENT DRIVEFAIRVIEW AVENUEJULIA WAYDARTMOOR DRIVECENTER DRIVEMILLER DRIVESHADOWOOD DRIVEJAMES STREETLIV CHIPPEWA DRIVETAMARISK TR A I LRAMSGATE LANEFARMINGTON LANEPORTSMOUTH DRIVECHURCH STREETCOUNTRY LANEWATERFORD DRIVEWINDING CREEK DRIVEGREENBRIER DRIVESCULLY DRIVEMAPLE HILL DRIVETREY ROADPHEASANT RUNTURNBERRY DRIVEWOODLAWN PARK DRIVEOAK AVENUESUNNYSIDE BEACH DRIVECOACHLIGHT ROADCOBBLESTONE DRIVEHILLTOP LANEEAST END DRIVEOAKLEAF DRIVEHOGBAC ROADHIGHVIEW DRIVEMCCABE AVENUEELM DRIVECHARNBBROOK DRIVEJENNY JAE LANEFAIRVIEW ROADEMERALD DRIVEHIGH STREETS BRIXHAM LANESPRINGS BOULEVARDMANOR LANEGARRISON ROADOPENGATE ROADADAMS DRIVESKYLINE DRIVEPALOMINO DRIVESPOJNIA ROADROSE AVENUE KERRY LANEEVERGREEN DRIVEFEN T R A I L MALIBU COURTBROAD STREETSIOUX LANEBULL RIDGE DRIVEWOODRIDGE TRAILSHERIDAN ROADAPPALOOSA TRAIL NORTH DRIVELINCOLN ROADFAIRVIEW LANE DOOLIN AENUEASHLEY DRIVEBEACHSIDE DRIVEKENSINGTON DRIVEAYRE DRIVEPEASTWOO D LANEGREATHILL ROADTHUNDERBIRD LANEHOMESTEAD DRIVEWATERSEDGE DRIVENEWBURY DRIVEOLD BAY ROADLOYOLA DRIVEJAY STREET MCHENRY DAM ROADSTILLING LANECARDINGTON WAYSILVER GLEN ROAD MARSHLAND WAYNANCY LANEMIDLETON LANEW MAY DRIVEWEDGEWOOD TRAILRIVER VIE W D R I V E HILLSIDE LANESALEM AVENUEPRESTWICK STREETANVIL ROADSHILOH DRIVEBLACK PARTRIDGE AVENUE STILL HILL DRIVERIDGEWAY TRAILPARKWAY DRIVEDOT STREET LCREST ROADACORN PATHCHELLINGTON DRIVE HERBERT ROADDEE DRIVEKNOB HILL R O A D PINE DRIVELARKSPUR DRIVEOAK ROADLUCY DRIVEROLLING LANEFRITZSCHE ROADALTON ROADCRYSTAL CIRCLEKINLEY BOULEVARDWISTERIA DRIVEROCKY BEACH ROADMIDDLESEX DRIVESPRUCE TERRACEKNOX DRIVEMYANG AVENUEGENE DRIVEWINDMERE LANEBALLINA LANELADD COURTBLOSSOM STREETLEXINGTON LANERIVERDALE ROADLAKEVIEW STREETAUGUSTA DRIVECHATHAM LANECLEARVIEW DRIVEYALE LANEAUBREY DRIVEOAKDALE AVENUEDEERWOOD DRIVEMAC ARTHUR DRIVEROUNDUP ROADHIDDEN OAK DRIVEHURON DRIVERACHEL DRIVEENFIELD DRIVEDELORE DRIVEBIRCH DRIVECLOE TRAILBEACH DRIVERED TAIL LANE SUSSEX D RI V E ILLINOIS S T R E E TMANITOU TRAILWIMBLETON TRAILROCKSPU R T R SWEET BAY DRIVEMURPHY DRIVETULIP CIRCLEWELLINGTON DRIVEFAWN GROVEKEENE AVENUEMARGARET COURTGRAND MEADOW LANESUNRISE VIEWOVERLAND ROADSCOTT AVENUEDAYTON STREETS EMERALD DRIVESTEUBEN ROADRIVER LANEROLLING ROADCOVE COURTBALSAM DRIVEHI LINE AVENUENEWPORT TRAILMILL STREAM DRIVEHILLCREST PLACENORTH AVENUESOUTH P ORT DRI V E FLANDERS ROADELLA LANEKRISTEN TRAILTRUMAN TRAILCRESTHILL AVENUEPRAIRIE TRAILWOODY TRAILCASHEL LANECRESTWOOD STREETOREGON TRAILE WOODLAND PARK AVENUEBARBARA LANESHORE LINE DRIVEO'SHEA COURTN VILLA LANELAUDERDALE COURTBODE LANEBLUE PINE DRIVEBROOK DRIVECOL. 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AVENUEMONROE STREETCHATHAM LA N E CONCORD DRIVEASH STREETLAKEVIEW DRIVEHIGHLAND DRIVE CLOVER LANEJACKSON STREETWOODLAND LANECIRCLE DRIVEPHEASANT RUNOAK STREETLAKEWOOD ROADSPRING LANEVISTA TERRACEMCHENRYAVENUEINDIAN TRAILHILLTOP DRIVEPARK DRIVEVEOAK GROVE ROADILLINOIS ROUTE 120WAUKEGAN ROADFRONT STREETRAND ROAD ELM STREETSLOCUM LAKE ROAD RICHMOND ROADILLINOIS ROUTE 120ELM STREETWAUKEGAN STREETSHERMAN ROADGROVE STREETFAIRFAXDRIVEPLYMOUTH LANEGRLONG BEACH ROADLAKEWOOD ROADCHANNEL BEACH AVENUESUNSET AVENUEGRAND AVENUELAKE SHORE DRIVEHICKORY TERRACE2ND AVENUEJOHNSBURG ROADWOODLAND DRIVEWASHINGTON STREETMEADOWLANEVALLEY VIEW DRIVEBEACH AVENUEMCHENRY AVENUECHURCH STREETOAK COURTCIRCLE DRIVEHILLTOP DRIVEPOPLAR STREETGREEN STREETSPRUCE STREETBALLY ROADCENTER STREETBURTON ROADFAIRVIEW AVENUENORTH AVENUELAKEVIEW ROAD VALLEYDRIVECHARLOTTE AVENUEWESTERN AVENUEOAKSTREETHICKORY STREETSPRUCE TERRACEELDER L A N E WEDGEWOODTRAILHIGHLAND DRIVECAROLAVENUEKENILWORTH AVENUELILY LANENOT INCITYMCCULLOM LAKENOT INCITYNOT INCITYNOT INCITYNOT INCITYNOT INCITYNOT IN CITYNOT INCITYNOT INCITYNOT INCITYNOT INCITYNOT INCITYNOT INCITY NOT INCITY NOT INCITY NOT INCITY NOT INCITY NOT INCITYPARKLANDSCHOOLVALLEY VIEWSCHOOLRIVERWOODSCHOOLMcHENRYMIDDLESCHOOLHILLTOPSCHOOLMORAINE HILLSSTATE PARKMCCRACKEN FIELDEDGEBROOK SCHOOLCHAUNCEY H. DUKER SCHOOLWONDERLAKESHAMROCKFARMS PARKFOX RIDGEPARK POSTOFFICECOLD SPRINGSPARKN.I.M.C.McHENRY H.S.EASTKNOXPARKBOULDERCREEKPARKWHEELERPARK SWEENYPARKPETERSENPARK PETERSENHISTORICFARMVFW Residential Residential Dog Park Highway Commercial Mixed-Use Historic DowntownGagetownEnvironmental - Wetlands Historic DowntownCentervilleMixed-Use Mixed-Use Mixed-Use Historic DowntownWater FrontResidential Neighborhood Commercial REVISIONS1.2.3.4.#BY: DATE:DWN BY:CJPDSN BY:MACCHK BY:CJPINT:INT:INT:DATE:7-25-18PROJECT NO.170011HORIZ SCALE:1"=1300'VERT SCALE:-SHEET NO.1 OF 1OFFICIAL CITY OF McHENRYFUTURE LAND USE MAPMcHENRY, ILLINOISLEGENDBike PathsMCCD Prairie Path & Moraine HillsExisting Path - Off RoadFuture PathRiverwalkBull Valley Boundary (Exp. Aug. 2022)Bull Valley Boundary - ExceptionsBull Valley - PIQJohnsburg Boundary (Exp. Sept 2019)McCullom Boundary (Exp March 2022)McCullom Boundary - ExceptionRingwood Boundary (Exp Mar. 2019)Ringwood Boundary - 2Prairie Grove Boundary (Exp. Dec. 2023)Future Land UseClassificationAgriculturalEstate ResidentialLow Density ResidentialMedium-Density ResidentialHigh-Denisty ResidentialCommercialOfficeMunicipalInstitutionalBusiness ParkIndustrialIntegrated Design DistrictParks and Conservation AreaEnvironmental CorridorsWaterLoop PhasingPhase I - DowntownLand Use_downtownUseDog ParkEnvironmental - WetlandsHighway CommercialHistoric DowntownMixed-UseNeighborhood CommercialResidentialVFW1 inch = 1,300 feet1,000 0 1,000 2,000 3,000Feet±Official City of McHenry Future Land Use MapMcHenry, Illinoisrevised 2/6/2019McHenry Lakes Development Plan December 2022 6/50PIQ PAGE 6218 2.4 Aggregate Resources Map McHenry Lakes Development Plan December 2022 7/50 219 2.5 City of McHenry Mining History, McHenry Sand & Gravel –West Pit Year Permitting Additional Years Total Years 1966 Opened in County 10 10 1976 Annexed to City No Term Limit No Term Limit 1988 Added Parcel B & C 20 20 1990 Added Parcel D 20 22 1998 Added Parcel E, Extension for B, C & D 20 32 2018 Extension for B, C & D 10 52 2028 Operation Close -62 62 Years of Pit Operations (1966 to 2028) McHenry Lakes Development Plan December 2022 8/50220 2.6 Proposed Development Comparisons Attribute Proposed McHenry Sand & Gravel Size Small Large Acreage 110 1,200 Term 20 62 Traffic East on IL Rt. 120 (Out of McHenry)East on IL Rt. 120 (Through downtown McHenry) Type Nearly All Underwater Above Grade McHenry Lakes Development Plan December 2022 9/50221 McHenry Lakes Development Plan December 202210/50222 3.1 Development Narrative Glaciers not only shaped the area’s landscape but also left behind deposits of sand and gravel resources. These finite resources are vital for public demand and the regional construction industry. Super Aggregates has become a leading supplier of these resources by developing a philosophy balancing public demand with adjacent property/environmental impacts. Super Aggregates balanced approach philosophy supports: i. Extraction is a temporary or interim land use. ii. Interim land use shall not adversely impact adjacent property. iii. Interim land use shall provide a compatible and harmonious environment. iv. Productive land reclamation. Long-term, comprehensive land use planning must be considered and integrated in contemporaneous reclamation and development plans. This Narrative for Proposed Development, supplements submitted plans and provides additional information, means and methods of the proposed extraction and reclamation/development plans. Ownership of Land The property is owned by Land Reserves, LLC, Jack Pease managing member. Super Aggregates is the mine operator and the main office is located at 5435 Bull Valley Road, Suite 330, McHenry, IL 60050. Phone: 815-385-8000, Jack Pease cell: 815-790-1293. Development Sequence Upon annexation to the City, Owner seeks subdivision plat approval for the subdivision of 2 Lots. Lot 1 being a commercial lot with C-5 zoning classification on property adjacent to Illinois Route 120. Construction of 5 commercial office/warehouse buildings are proposed on Lot 1. The remainder of the property, Lot 2, shall have perimeter berms constructed along the East and West property lines to appear naturally occurring, seeded, tree plantings and shall be maintained weekly. Sand and gravel shall be removed forming a lake(s) feature. The Owner shall annex adjacent North 36-acre property to the City and develop the property pursuant to this narrative upon the Village of Lakemoor annexation agreement expiration and disconnection. Continued agriculture use shall occur on areas not mined and on contemporaneously reclaimed areas. Upon final reclamation, future waterfront property development shall commence. Minerals to be Mined The reserves mined from property are unconsolidated sand and gravel materials. Mined materials are sorted, processed, and washed providing aggregate materials for use in the construction industry. Character and Composition of Vegetation and Wildlife on Land to be Affected Present land use for the property is row crop agricultural production. Other vegetation includes native grasses, foxtail, goldenrod, sumac, chokeberry, oaks, walnut, and black cherry. The main wildlife species include whitetail deer, turkey, raccoon, woodchuck, rabbit, coyote, red fox, sparrows, robins, squirrel, cardinals, and chickadee. The Illinois Department of Natural Resources (IDNR) indicates records of the State-listed Blandings Turtle in the vicinity of the project area. Owner shall follow McHenry Lakes Development Plan December 2022 11/50223 IDNR recommendations by educating on-site personnel and IDNR notification if species are encountered at the project site. Minerals to be Mined, The Nature, Depth, Proposed Disposition of the Overburden and Screening Predominant soil type is Fox silt loam. The overburden ranges from 1-2 feet in depth throughout the property. Overburden material shall be relocated on-site and used in screening berms and contemporaneous site reclamation/development. Processing operations view from IL Rt. 120 shall be screened by the development of the commercial lot adjacent to IL Rt. 120. Extraction and processing operations view from Chapel Hill Road and along East property line shall be screened by the construction of a 6-8’ high undulating, naturally occurring, landscaped berm planted with coniferous and deciduous trees. The landscaped berm shall be maintained weekly comparable to a golf course land feature and remain as on-site development continues. The Estimated Depth to which the Mineral Deposit shall be Mined Reserves are estimated to be 45-50 feet in depth. Active mining operations shall not exceed 4-6 acres annually. Row crop agriculture shall continue in unaffected areas and contemporaneous reclamation shall minimize the area of disturbance. Borings have indicated reserves are found below the groundwater of the shallow aquifer. A water feature or lake(s) shall be constructed on the property with surrounding natural occurring, undulating topography. A 20’ wide safety shelf shall be constructed around lake perimeter for safe lake entry and exit. Proposed grades and lake configuration may vary due to the lateral and vertical reserve. Please refer to the Reclamation/Development Plan for proposed lake configuration. Estimated Type and Volume of Excavation Mineable sand and gravel reserves in the 110 Acre tract are estimated at 6.5 million tons. The Techniques and Equipment Proposed to be used, as Applicable, for; A. earth materials extraction. Initial extraction of the process area shall be completed to a depth of approximately 15 - 18’. Once the process area floor is established, continued extraction North of the process area shall continue below the water table until an area is created large enough to install a electric hydraulic dredge. Over the remaining project life, reserves shall be extracted using an electric hydraulic dredge that extracts below water material and pumps slurry material to the plant for processing. B. earth materials processing. Reserves are processed by a combination of screening, washing, and crushing techniques. Equipment will consist of a feeder, land conveyors, screening plant, crushing plant, wash plant, stacking conveyors and a wheel loader. C. ready-mix plant. Not applicable. D. Asphalt and concrete recycling plant; and McHenry Lakes Development Plan December 2022 12/50224 Illinois Department of Transportation (IDOT) mandate and customer demand for recycled construction products continue to increase. Recycled materials provide an alternative beneficial use rather than traditional landfills. Broken concrete and asphalt materials are stock piled and processed into recycled products. Recycled products are shipped on market demand. Location of existing roads, anticipated access, and haulage roads planned to be used or constructed in conducting surface mining All traffic from Lot 1 and Lot 2 shall use an ingress/egress to IL Rt. 120. Estimated average traffic for Lot 2 shall be 50 trucks per day and most shall ingress/egress East bound on IL Rt. 120, without adding truck traffic through the City. The entrance shall be maintained and swept on a as needed basis to remove loose gravel, reduce dust, and prevent track out. Please see Operations/Phasing Plan. Practices and methods proposed to be used to minimize noise, dust, air contaminants and vibration and to prevent pollution of surface or underground water Control methods and practices for the potential adverse effects of noise, dust, (glare, odor, waste disposal and blockage of light or air are not applicable), or other adverse environmental effects of a type or degree not characteristic of Permitted Uses in the proposed zoning district described below. Noise: Noise generated from the processing area shall not violate the Illinois Administrative Code, Title 35: Environmental Protection: Subtitle H: Noise: Chapter 1 Pollution Control Board sections 900.101- 900.103 (“Applicable Noise Regulations”). On-site noise reduction measures shall occur by placing the processing area 15-18 feet below the existing ground elevation, located 300 feet North of Illinois Route 120. Noise generated from traffic on IL Rt. 120 shall overshadow noise generated from on-site operations. Additionally, on-site noise reduction measure shall be perimeter berm construction. Perimeter berms have superior noise-attenuating properties, serve as wind breaks, and screen the operation from view. Finally, continued row crop farming in areas not affected by mining shall aid in minimizing noise and aid in screening the operation. Federal Mine Safety and Health Administrative (MSHA) officials regularly inspect all mining facilities to ensure the health and safety of all employees are maintained. Dust/Air Contaminants: Dust and air contaminants are minimal in wet mining operations. Monitoring requirements shall be in accordance with standards contained in the City Code, Chapter 18. Preventive dust and air contaminants measures include sweeping the paved access road and water application for on-site roads shall occur on a as needed basis. In the event, visible particulate matter emission is observed, it shall be governed by the regulations set forth in Illinois Administrative Code, Title 35: Environmental Protection: Subtitle B: Air Pollution: Chapter 1 Pollution Control Board, sections 212.301-316, Subpart K: Fugitive Particulate Matter. Additionally, particulate emission in wet mining operations do not exceed Illinois Environmental Protection Agency (IEPA) thresholds, therefore, this site shall not require a IEPA Lifetime Air Permit. The site shall be monitored by IEPA Air Emission -Registration of Smaller Sources (ROSS) program. Federal Mine Safety and Health Administrative (MSHA) officials regularly inspect the facility to ensure the health and safety of all employees are maintained. Vibration: The sand/gravel reserve is unconsolidated in nature; therefore, no blasting mining techniques shall be used, resulting in vibration absence. McHenry Lakes Development Plan December 2022 13/50225 Groundwater: Groundwater flows generally from Northeast to the Southwest in the direction of the Fox River. Groundwater shall be monitored at one (1) on-site upgradient monitoring well and two (2) on-site down gradient monitoring wells located on the Operations/Phasing Plans. Groundwater quality levels shall be governed by parameters set forth under the McHenry County Groundwater Ordinance. Testing and analysis from these monitoring wells shall be conducted and submitted to the City Administrator quarterly until baseline quality parameters have been established. Once established, testing and analysis shall be submitted to the City Administrator annually. No above- ground storage tanks shall be utilized on the property. A Spill Prevention, Control and Containment Plan shall be on file with the City. The Method of Recycling Water used for Washing and Grading Water used for the processing operations is drawn from a series of ponds. The ponds constructed on- site include: a freshwater pond and 2 deposit ponds. Water used for the washing operation is pumped from the freshwater pond into the processing plant, washing the sand and gravel materials. Process plant water drains from the wash plant into the first deposit pond, allowing clay and silt materials to settle from suspension. Water from the first deposit pond, slowly flows into the second deposit pond allowing the remaining material to settle. As the fine materials settle out of suspension in the second deposit pond, the process water becomes clean water and flows back into the freshwater pond for reuse. This is a closed-circuit washing system with little or no loss of water. The Proposed Usage or Drainage of Excess Water All haul roads, stockpiles and operational areas shall be graded in such a manner as to direct any run- off into the primary pond resulting in an internally drained site. There is no off-site discharge of excess water. All other land not affected by mining operations is drained naturally by current topography, infiltration, and evaporation. Non-discharging stormwater sites shall hold a IEPA water pollution control permit upon extractive operations commencement. Ownership of Land Location and names of all streams, creeks, and bodies of water within lands to be affected. Not applicable. Drainage on and away from the lands to be affected, including directional flow of water, natural and artificial drain ways and waterways, and streams or tributaries receiving the discharge. The site is internally drained with no off-site discharge. Please see Operations/Phasing Plan. Proposed days and hours of operation of all excavation, processing, and operations on the property. The hours of operations shall be from 6:00 a.m. to 6:00 p.m. Monday through Friday and 6:00 a.m. to 2:00 p.m. Saturday. The picking up or shipping of materials and maintenance shall occur from 5:00 a.m. to 8:00 p.m. No operations including processing, loading and maintenance shall occur on Sundays or holidays. In emergency situations, operations shall be permitted at times otherwise prohibited. (An emergency, for this section, is any operation necessary to provide repairs to roadways or provide other materials and assistance which if delayed until normally permitted hours, would cause injury or loss of life or property. In the event there is a contractual obligation to supply materials for Illinois Tollway, IDOT, WDOT, McHenry County or a City of McHenry Road project McHenry Lakes Development Plan December 2022 14/50226 which would require operations after hours, owner may operate during said hours during the term of the project only. Any operation or activity for emergency situations or contractual obligations shall immediately be reported to the City of McHenry Police Department and City Administrator. The Proposed Property Reclamation/Development Plan. The Owner shall file a reclamation/development plan for the property in accordance with applicable laws and regulations of the City of McHenry Ordinance. The construction of all berms, planting of vegetation and other landscaping features shall be commenced and completed prior active extractive operations. Contemporaneous reclamation shall include subsoil and topsoil re-distribution and seeding with a vegetative cover per the Operations/Phasing Plan. Proposed development plans include the creation and appearance of a naturally occurring crystal clear water feature with surrounding undulating topography suitable for future development. Projected dates of commencement and completion of all excavation, mining, processing and reclamation operations on the property. Projected site improvements and processing area development is expected to commence upon City approvals. Mining commencement is 8/1/22 and site reclamation/development is projected to be complete by 12/31/42. Upon reclamation of phase 6, property development and road construction shall be based on market conditions and demand. McHenry Lakes Development Plan December 2022 15/50227 3.2 Projected Traffic & Sales Volume Average Truck Loads per Hour 5 Trucks Loads Average Daily Sales 50 Truck Loads Typical Load 22 Tons Tons per Day 1,100 Tons Days per Year 300 Days Annual Sales Volume 330,000 Tons A traffic study has been submitted by Patrick Engineering and accepted by Illinois Department of Transportation (IDOT). Full engineering plans by Manhard Consulting have been submitted to IDOT for review and subsequent construction approval and permit. McHenry Lakes Development Plan December 2022 16/50228 3.3 Projected Tax Revenue to the City of McHenry________________________________ Initial 20-Year Term: I. Property Tax Revenue (.61%): a. Extractive/Mining Assessment (400K Average Mining Assessment)16,265 b. 5 - Commercial Business Improvements (2.9M Average Value)589,260 II. Sales Tax Revenue (.75%) a. Aggregate Sales (6.5M Tons)243,750 b. 5 –Commercial Business (Average 1M/yr. Sales)750,000 III. Aggregate Royalty Fees (6.5M Tons)650,000 Initial 20-year Term Total 2,249,215 Ongoing Annual Revenue: I. Property Tax Revenue (.61%): a. 25 –Country Estates (415K Average Value)21,093 b. 5 - Commercial Business Improvements 29,463 II. Sales Tax Revenue (.75%) a. 5 –Commercial Business (Average 1M/yr. Sales)37,500 On-going Annual Revenue Total 88,056 McHenry Lakes Development Plan December 2022 17/50229 McHenry Lakes Development Plan December 202218/50230 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D 780770770770770770770770770774772778776778764772776778776 768 762774772766762778776776764778791A327A323 C3197A323 C3197A323 C3153 A+969 E2323 D2791A323 C3323 C3323 C3153 A+327 C2770770760327 B153 A+323 D2327 B327 B327 BH-11H-12H-14H-9H-10H-6H-5H-2H-13H-1H-3H-4H-5H-8B-3B-2B-1C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N EA1-AgricultureR3 -MultifamilyResidentialR1 -Single-familyResidentialR3 -MultifamilyResidentialB3 -GeneralBusinessA1-AgricultureB1 - NeighborhoodBusinessR1 -Single-familyResidentialR1 -Single-familyResidentialRS-1LOW-DENSITYSINGLEFAMILYRESIDENTIALRA-1ATTACHEDRESIDENTIALR1 -Single-familyResidentialWATER WAS FOUND AT 748.0*ON FEBRUARY 10, 2019*THIS ELEVATION MAY VARY BYSEASONMcHenry Lakes Development PlanDecember 202219/50231 113.38'S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D 780770770770770770770770770774772778776778764772776778776 768 762774772766762778776776764778791A327A323 C3197A323 C3197A323 C3153 A+969 E2323 D2791A323 C3323 C3323 C3153 A+327 C2770770760327 B153 A+323 D2327 B327 B327 BC O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N EPHASE1S 09°57'26" W 353.96'N 37°18'31" E 385.01'N 52°12'04" W 993.66'15.0' REAR YARD SETBACK10.0' SIDE YARD SETBACK30.0' FRONT YARD SETBACKPHASE2PHASE3PHASE4PHASE5B E R MB E R MB E R M600.00'600.00'P.G.CA 16#6CA 7#8CA 3FA 2SANDPROCESSAREAL O T 1338,239 S.F.80.0' ACCESS EASEMENT46.57'GROUND WATER FLOWLOT2B E R MB E R MMcHenry Lakes Development PlanDecember 202220/50Distance:100.25 ftDistance:59.35 ft232 113.38'S T A T E R O U77077076277477276623 C3153 A+770153 A+PHASE1N 37°18'31" E 385.01'N 52°12'04" W 993.66'15.0' REAR YARD SETBACK30.0' FRONT YARD SETBACK600.00'600.00'P.G.CA 16#6CA 7#8CA 3FA 2SANDPROCESSAREAL O T 1338,239 S.F.80.0' ACCESS EASEMENT46.57PART OF L O T 2McHenry Lakes Development PlanDecember 202221/50233 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D C O M M E R C I A L L O T 750.00C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N E7707607606:13:13:1 3:16:1770780760770760770760760780780 3:177078076076077078079079078076077078078077076076077077050 ACRE LAKE65' SETBACKBERM 6' TO 8' HIGHLOT 2CCAABB770780LOT 13:17606:1 7606:1VILLAGE OF LAKEMOORVILLAGE OF LAKEMOORVILLAGE OF LAKEMOOR780780760770770DD3:1McHenry Lakes Development PlanDecember 202222/50234 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D C O M M E R C I A L L O T 750.00C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N E7707607606:13:13:1 3:16:1770780760770760770760760780780 3:177078076076077078079079078076077078078077076076077077050 ACRE LAKE65' SETBACKBERM 6' TO 8' HIGHLOT 2CCAABB770780LOT 13:17606:1 7606:1VILLAGE OF LAKEMOORVILLAGE OF LAKEMOORVILLAGE OF LAKEMOOR780780760770770DD3:1McHenry County Standard Soil Erosion and Sediment Control Notes1. Control measures shall meet the minimum standards and specifications of the Illinois Urban Manual(www.aiswcd.org/IUM) unless stated otherwise.2. Soil disturbance shall be conducted in such a manner as to minimize erosion. Areas of the developmentsite that are not to be disturbed shall be protected from construction traffic or other disturbance until finalstabilization is achieved.3. Soil stabilization measures shall consider the time of year, development site conditions and the use oftemporary or permanent measures.4. Stabilization by seeding shall include topsoil placement and fertilization, as necessary.5. Native seed mixtures shall include rapid-growing annual grasses or small grains to provide initial,temporary soil stabilization.6. Offsite property shall be protected from erosion and sedimentation. Velocity dissipation devices shall beplaced at concentrated discharge locations and alone the length of any outfall channel, as necessary.7. Sediment control measures shall be installed prior to the disturbance of tributary areas.8. Stabilization of disturbed areas shall be initiated immediately whenever any clearing, grading, excavationor other earth disturbing activities have permanently ceased on any portion of the development site, ortemporarily ceased on any portion of the development site and will not resume for a period exceeding 14calendar days. Stabilization of disturbed areas shall be initiated within 1 working day of permanent ortemporary cessation of earth disturbing activities and shall be completed as soon as possible, but no laterthan 14 calendar days from the initiation of stabilization work in an area. Exceptions to these time framesspecified below:A. Where the initiation of stabilization measures is precluded by snow cover, stabilization measures shallbe initiated as soon as practicable; andB. In areas where construction activity has temporarily ceased and will resume after 14 days, temporarystabilization method may be used.9. Disturbance of steep slopes shall be minimized. Areas or embankments having slopes steeper than 3:1shall be stabilized with staked in place sod, erosion control blanket in combination with seeding, or anequivalent control measure.10. Perimeter control measures shall be provided downslope and perpendicular to the flow or runoff fromdisturbed areas, where the tributary area is greater than 5,000 square feet, and where runoff will flow in asheer flow manner. Perimeter erosion control shall also be provided at the base of soil stockpiles.11. The stormwater management system shall be protected from erosion and sedimentation downslopefrom disturbed areas. Inlet protection that reduces sediment loading, while allowing runoff to enter theinlet shall be required for all storm sewers. Check dams, or an equivalent control measure, shall berequired for all channels. Filter fabric inlet protection and straw bale ditch checks are not acceptablecontrol measures.12. If dewatering services are used, discharges shall be routed through an effective sediment controlmeasures (e.g., sediment trap or an equivalent control measure). The Enforcement Officer shall be notifiedprior to the commencement of dewatering activities.13. All temporary soil erosion and sediment control measures shall be removed within 30 days after finalstabilization of the development site is achieved or after the temporary measures are no longer necessary.Trapped sediment shall be removed and disturbed areas shall be permanently stabilized.14. Stockpiled soil and materials shall be removed from flood hazard areas at the end of each workday. Soiland materials stockpiled in IWMC or buffer areas shall be placed on timber mats, or an equivalent controlmeasure.15. Effective control measures shall be utilized to minimize the discharge of pollutants from the developmentsite. At a minimum, control measures shall be implemented in order to:A. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, andother wash water; andB. Minimize the exposure of building materials, building products, construction wastes, trash, landscapematerials, fertilizers, pesticides, herbicides, detergents, vehicle fluids, sanitary waste, and othermaterials present on the development site to precipitation and to stormwater.16. Adequate receptacles shall be provided for the depositing of all construction material debris generatedduring the development process. The applicant shall not cause or permit the dumping, depositing,dropping, throwing, discarding or leaving of construction material debris upon or into any developmentsite, channel, or IWMC. The development site shall be maintained free of construction material debris.17. The Enforcement Officer may require additional or alternate soil erosion and sediment control measures,based on development site specific considerations and the effectiveness of the installed control measures.McHenry Lakes Development PlanDecember 202223/50235 PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMTMMCHENRY LAKES BUSINESS PARKMCHENRY, ILLINOISFINAL PLAT OF SUBDIVISIONMcHenry Lakes Development PlanDecember 202224/50236 ’“”“”“”’PROJ. MGR.:DRAWN BY:DATE:SCALE:OFSHEETPROJ. ASSOC.:DATEREVISIONSDRAWN BYTMTMMCHENRY LAKES BUSINESS PARKCITY OF MCHENRY FINAL PLAT OF SUBDIVISION’’“”“”McHenry Lakes Development PlanDecember 202225/50237 McHenry Lakes Development Plan December 202226/50OPEN SPACERESIDENTIAL50 ACRE LAKEPROCESSINGOPERATIONS LOT 1 B5 PHASE 1PHASE 2PHASE 3 PHASE 4PHASE 5McHENRY LAKES PHASING PLANPHASE PROJECTED12022-202622026-203032030-203442034-203852038-204262042-2048IL ROUTE 120CHAPEL HILL ROADBERMBERMPHASE 620 ACRE LAKELOT 2CITY OF McHENRYVILLAGE OF LAKEMOOR238 3.12 Adjacent Lakemoor Property Development Plan McHenry Lakes Development Plan December 2022 27/50239 McHenry Lakes Development Plan December 2022 28/50 240 City of McHenry Ordinance – Berm Cross Section (Height and Setback) Proposed Berm Cross Section (Height and Setback) WƌŽƉŽƐĞĚĞƌŵEŽƚĞƐ͗ϭͿ >ŝŶĞŽĨƐŝŐŚƚŽƌǀŝƐŝďůĞƐĐƌĞĞŶŝŶŐŝƐĞŶŚĂŶĐĞĚǁŝƚŚƉƌŽƉŽƐĞĚĚĞƐŝŐŶ͘ϮͿ EŽŝƐĞĂƚƚĞŶƵĂƚŝŶŐƉƌŽƉĞƌƚŝĞƐƌĞŵĂŝŶƵŶĐŚĂŶŐĞĚ͕ƉƌŽĐĞƐƐŝŶŐĂƌĞĂƌĞŵĂŝŶƐĂĚŝƐƚĂŶĐĞŽĨĂƉƉƌŽdžŝŵĂƚĞůLJϭ͕ϮϬϬĨƌŽŵƉƌŽƉĞƌƚLJůŝŶĞ͘ϯͿ ůŝŵŝŶĂƚĞϱϬΖŝŵƉƌŽǀŝĚĞŶƚĂƌĞĂ͘ McHenry Lakes Development Plan December 2022 29/5040035030025020015010050 PROPERTY LINE50250-25-5050' SETBACK10'3:160' BERM110' MINING SETBACK6' LINE OF SIGHTWATER SURFACE400 350 300 250 200 150 100 50 PROPERTY LINE50250-25-508'3:150' BERMWATER SURFACE6' LINE OF SIGHT 50'IMPROVIDENTAREA20' SAFETY SHELF20' SAFETY SHELF241 3.15 Proposed Berm Setback Photos Dutch Creek Estates Residential Development, Johnsburg, IL McHenry Lakes Development Plan December 2022 30/50242 Dutch Creek Estates –Johnsburg Road McHenry Lakes Development Plan December 2022 31/50243 City of McHenry Ordinance – Mining Setback Proposed - Mining Setback WƌŽƉŽƐĞĚDŝŶŝŶŐ^ĞƚďĂĐŬEŽƚĞƐ͗ϭͿŐŐƌĞŐĂƚĞƌĞƐĞƌǀĞŝƐƵŶĐŽŶƐŽůŝĚĂƚĞĚŝŶŶĂƚƵƌĞ͕ƌĞƋƵŝƌŝŶŐŶŽďůĂƐƚŝŶŐ͘dŚĞŶĂƚƵƌĂůĂŶŐůĞŽĨƌĞƉŽƐĞŽĨƵŶĐŽŶƐŽůŝĚĂƚĞĚĂŐŐƌĞŐĂƚĞƐŝƐϲϬйŽƌϱϬΖŚŽƌŝnjŽŶƚĂůƚŽϯϬΖǀĞƌƚŝĐĂů͕ƉƌŽǀŝĚŝŶŐĂƐƐƵƌĂŶĐĞĂĚũĂĐĞŶƚƉƌŽƉĞƌƚLJƐƵƉƉŽƌƚŝŶŐƌŝŐŚƚƐĂƌĞŶŽƚĐŽŵƉƌŽŵŝƐĞĚ͘ϮͿdŚĞƉƌŽƉŽƐĞĚϱϬΖƐĞƚďĂĐŬĞůŝŵŝŶĂƚĞƐƚŚĞϭϬϬΖƉĞƌŝŵĞƚĞƌŝŵƉƌŽǀŝĚĞŶƚĂƌĞĂǁŝƚŚŽƵƚĐŽŵƉƌŽŵŝƐŝŶŐŶĞĐĞƐƐĂƌLJĂĚũĂĐĞŶƚƉƌŽƉĞƌƚLJďƵĨĨĞƌ͘ϯͿZĞƐƚŽƌĞĚƐůŽƉĞƐĨƌŽŵƉƌŽƉĞƌƚLJůŝŶĞƚŽϭϬϬΖŽƌƐŚŽƌĞůŝŶĞĂƉƉĞĂƌŶĂƚƵƌĂůůLJŽĐĐƵƌƌŝŶŐ͘McHenry Lakes Development Plan December 2022 32/50PROPERTY LINE 5010015020025030035040050250-25-50SURFACE WATER100' MINING SETBACK IMPROVIDENT AREAPROPERTY LINE 5010015020025030035040050250-25-50SURFACE WATER50' MINING SETBACK3:13:12:12:1RESTORED SLOPE20' SAFETY SHELF20' SAFETY SHELF244 3.17 Representative Photo of City Ordinance (Mining & Berm Setbacks) Berm and Mining Setback, Eastside Road, Walworth County, WI McHenry Lakes Development Plan December 2022 33/50245 3.18 Proposed Mining Setback Photos Fall 2017 Reclamation - Super Aggregates, Sugar Creek Facility, Elkhorn, WI Spring 2018 –Super Aggregates, Sugar Creek Facility, Elkhorn, WI McHenry Lakes Development Plan December 2022 34/50246 4.1 Development Project List Fox Development: A commercial and residential land developer. Recent developments: ¾Valley View Commons, McHenry, IL A Professional Office Condominium ¾Capital Court Commons, McHenry, IL A Professional Office/Warehouse Condominium ¾Ridgeview Commons, McHenry, IL A Professional Office/Warehouse Condominium ¾Dutch Creek Estates, Johnsburg, IL ¾Glacier Lake Estates, Richmond, IL ¾Preservation Oaks, Spring Grove, IL ¾Walnut Ridge, Spring Grove, IL ¾Ringwood Corporate Center, Ringwood, IL ¾Sager Corporate Park, Belvidere, IL ¾Jonathon Knolls, Wadsworth, IL ¾Eagle Ridge, Antioch, IL ¾Ivanhoe Golf Course, Ivanhoe, IL J. Pease Construction: A Regional site development and road building company in business for 50 years. Recent projects: ¾Menards ¾Super Walmart ¾Along with too many more to list ¾Woodman’s ¾Aldi Super Aggregates: Produces and delivers a complete line of aggregate products to the public including mason sand, concrete sand, asphalt sand MSE sand, #1 & #2 stone, road base, topsoil, and boulders. Recent projects supplied: ¾Buss Ford, McHenry ¾Super Walmart, Johnsburg ¾Meyer, McHenry ¾Centegra, McHenry ¾Walgreens, McHenry ¾McDonalds, McHenry ¾Fast Eddies, McHenry ¾Diamond Drive, McHenry ¾Shoppers Drive, McHenry ¾Route 12 Bridge Reconstruction ¾Numerous Homeowners and Farms ¾Elkhorn High School Addition ¾Elkhorn Well #9 and Tank ¾Lake Geneva Middle and High Schools ¾Bailey Estates, Williams Bay ¾Brooks School, Genoa City ¾Genoa City Streets Program ¾Dollar General, Genoa City ¾I94 Zoo Interchange ¾Super Truck Center, Genoa City ¾Otto Jacobs, Point Ready-Mix and Ozinga Concrete Plants Super Mix USA: Produces and delivers ready-mix concrete, places concrete and aggregates with conveyors and stone slingers. Super Truck Center, Genoa City WI: Serving the public, offering truck and bus body work, paint, automatic truck wash, frame straightening, complete line of truck parts and truck repair. McHenry Lakes Development Plan December 2022 35/50247 4.2 Aggregate and Development Photos As mining progresses, reclamation follows. Super Aggregates, Waterford, WI Facility McHenry Lakes Development Plan December 2022 36/50248 Reclaimed site seeded with prairie grass and planted evergreens. Super Aggregates, Waterford, WI. Facility McHenry Lakes Development Plan December 2022 37/50249 June 2020 Photo from Super Aggregates –Waterford, WI Facility McHenry Lakes Development Plan December 2022 38/50250 Super Aggregates, Volo Facility, Volo, Illinois McHenry Lakes Development Plan December 2022 39/50251 Super Aggregates, Clear Lake Facility, Belvidere, IL McHenry Lakes Development Plan December 2022 40/50252 Current site and equipment. Super Aggregates, Burgett Lake Facility, Richmond, IL McHenry Lakes Development Plan December 2022 41/50253 Clear Lake Electric Dredge, Belvidere, IL Marengo Lakes Electric Dredge, Marengo, IL McHenry Lakes Development Plan December 2022 42/50254 Photos of Scale House and Monument Sign. Super Aggregates, Burgett Lake Facility, Richmond, IL McHenry Lakes Development Plan December 2022 43/50255 Former Super Aggregates, Nish Rd. Facility, Prairie Grove, Illinois McHenry Lakes Development Plan December 2022 44/50256 Dutch Creek Estates Residential Development, Johnsburg, IL McHenry Lakes Development Plan December 2022 45/50257 5.1 Conditional Use Approval Criteria (City of McHenry Zoning Ordinance - Table 31) Traffic All traffic for Lot 1 & Lot 2 shall use a paved ingress/egress road to IL Rt. 120. Estimated average traffic shall be 50 trucks per day and nearly all traffic from Lot 2 shall be East bound on IL Rt. 120, without adding truck traffic through the City. The entrance shall be paved, maintained, and swept on a as needed basis to remove loose gravel, reduce dust, and prevent track out. Please see Operations/Phasing Plan. Environmental Nuisance Control of the potential adverse effects of noise, dust, (glare, odor, waste disposal and blockage of light or air are not applicable), or other adverse environmental effects of a type or degree not characteristic of Permitted Uses in the proposed zoning district described below. Noise: Noise generated from the processing area shall not violate the Illinois Administrative Code, Title 35: Environmental Protection: Subtitle H: Noise: Chapter 1 Pollution Control Board sections 900.101-900.103 (“Applicable Noise Regulations”). On-site noise reduction measures shall occur by placing the processing area 15-18 feet below the existing ground elevation, located 300 feet North of Illinois Route 120. Noise generated from traffic on IL Rt. 120 shall overshadow noise generated from on-site operations. Additionally, on-site noise reduction measure shall include perimeter berm construction. Perimeter berms have superior noise- attenuating properties, serve as wind breaks, and screen the operation from view. Finally, continued row crop farming in areas not affected by mining shall aid in minimizing noise and aid in screening the operation. Federal Mine Safety and Health Administrative (MSHA) officials regularly inspect all mining facilities to ensure the health and safety of all employees are maintained. Dust/Air Contaminants: Dust and air contaminants are not present in wet mining operations. Preventive dust and air contaminant measures for truck loading operations, include sweeping the paved access road and water application which shall occur on a as needed basis. In the event, emission of visible particulate matter is observed, operations shall cease until corrective actions are complete. Emissions shall be governed by the regulations set forth in Illinois Administrative Code, Title 35: Environmental Protection: Subtitle B: Air Pollution: Chapter 1 Pollution Control Board, sections 212.301-316, Subpart K: Fugitive Particulate Matter. Additionally, Federal Mine Safety and Health Administrative (MSHA) officials regularly inspect the facility to ensure the health and safety of all employees are maintained. The site is also monitored by Illinois Environmental Protection Agency (IEPA) Air Emission -ROSS program. Vibration: The sand/gravel reserve is unconsolidated in nature; therefore, no blasting mining techniques shall be used, resulting in vibration absence. Groundwater: Groundwater passing under or through the property shall be monitored at one (1) on-site upgradient monitoring well and two (2) on-site down gradient monitoring well located on the McHenry Lakes Development Plan December 2022 46/50258 Operations/Phasing Plans. Groundwater quality levels shall be governed by parameters set forth under the McHenry County Groundwater Ordinance. Testing and analysis from these monitoring wells shall be conducted and submitted to the City Administrator. Neighborhood Character –The proposed development for single family country estates including the appearance of natural undulating topography and lake shall fit harmoniously with the natural and man-made character of its surroundings and with Permitted Uses in the proposed underlying zoning district. The land use shall not have undue deleterious effect on the environmental quality, property values or neighborhood character already existing in the areas adjacent West and East. Public Services and Facilities –The proposed land use shall not require existing community facilities or services to a degree disproportionate to that normally expected of Permitted Uses in the proposed underlying district. Future development shall rely on private well and septic systems. Public Safety and Health –The proposed land use shall not be detrimental to the safety or health of the employees, patrons or visitors associated with the use or of the general public in the vicinity. Other Factors –The proposed interim land use and proposed final development is compatible to surrounding land use. McHenry Lakes Development Plan December 2022 47/50259 5.2 Minimal Impact Summary ¾Location & Traffic Impact: Located on IL Rt. 120 at the City’s Eastern boundary, nearly all truck traffic shall travel East from the City. Super Aggregate locations average 50 loads per day (5 loads per hour). ¾Compatibility and Adverse Impact Absence for Adjacent Property: o Commercial Lot development: ƒIL Rt. 120 views consist of dilapidated buildings, outdoor vehicle storage and junk. The phasing plan allows immediate development of commercial Lot 1, adjacent to IL Rt. 120, providing an immediate tax revenue source, screening, and compatibility in the IL Rt. 120 corridor. o Developer Standard landscaped perimeter berm: ƒLandscaped berm adjacent to affected property (Chapel Hill Rd. & East property line) shall be designed, constructed, and maintained to provide exceptional screening, noise and dust mitigation, providing minimal adjacent property impact. o Favorable Phasing Plan: ƒAny preconceived impact to adjacent East property is limited until final phase of upscale lakefront development. ¾Development Term: o Developer commits to an initial 10-year term and one 10-year renewal, limiting the maximum project term to 20 years. No future expansion or extensions shall be requested. ¾Environmental Considerations: o Noise: ƒIn addition to lowering the processing floor elevation 15-18’ and construction of 6-8’ landscaped berms, operational noise emission mitigation includes: (i) Grid electric powered crushing, screening, washing, overland conveyors and an electric hydraulic dredge. (ii) Diesel powered equipment limited to one rubber tire loader used to load trucks. Minimal operational noise emissions shall be inundated by existing traffic noise emissions from IL Rt. 120. o Dust: ƒIn addition to lowering the processing floor elevation 15-18’ and construction of 6-8’ landscaped berms, operational dust emission mitigation include: Nearly all extraction shall occur with an electric powered hydraulic dredge, complete wet processing process, overland conveyers eliminating on-site traffic and on-site paved roadways containing all truck traffic. The above-mentioned techniques eliminate any potential dust source or emission. Summary: ƒMinimal West bound truck traffic through the City of McHenry. ƒDevelopment project is short- term without expansion or extension projections. ƒAdjacent property shall not experience environmental affects including noise or dust. McHenry Lakes Development Plan December 2022 48/50260 5.3 3HWLWLRQRequest Rationale ¾Interim Mining term to achieve Property Development ¾Fulfill Public Demand for Aggregate Material ¾Create New Tax Revenues ¾Minimal Environmental and Adjacent Property Impact ¾Commercial and Upscale Lakefront Development in the City of McHenry Property Development, containing an interim mining Conditional Use, shall be granted to a Company that has a proven history and a future commitment. McHenry Lakes Development Plan December 2022 49/50261 [ THIS PAGE INTENTIONALLY LEFT BLANK] McHenry Lakes Development Plan December 2022 50/50262 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D 780770770770770770770770770774772778776778764772776778776 768 762774772766762778776776764778791A327A323 C3197A323 C3197A323 C3153 A+969 E2323 D2791A323 C3323 C3323 C3153 A+327 C2770770760327 B153 A+323 D2327 B327 B327 BH-11H-12H-14H-9H-10H-6H-5H-2H-13H-1H-3H-4H-5H-8B-3B-2B-1C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N EA1-AgricultureR3 -MultifamilyResidentialR1 -Single-familyResidentialR3 -MultifamilyResidentialB3 -GeneralBusinessA1-AgricultureB1 - NeighborhoodBusinessR1 -Single-familyResidentialR1 -Single-familyResidentialRS-1LOW-DENSITYSINGLEFAMILYRESIDENTIALRA-1ATTACHEDRESIDENTIALR1 -Single-familyResidentialWATER WAS FOUND AT 748.0*ON FEBRUARY 10, 2019*THIS ELEVATION MAY VARY BYSEASON263 113.38'S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D 780770770770770770770770770774772778776778764772776778776 768 762774772766762778776776764778791A327A323 C3197A323 C3197A323 C3153 A+969 E2323 D2791A323 C3323 C3323 C3153 A+327 C2770770760327 B153 A+323 D2327 B327 B327 BC O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N EPHASE1S 09°57'26" W 353.96'N 37°18'31" E 385.01'N 52°12'04" W 993.66'15.0' REAR YARD SETBACK10.0' SIDE YARD SETBACK30.0' FRONT YARD SETBACKPHASE2PHASE3PHASE4PHASE5B E R MB E R MB E R M600.00'600.00'P.G.CA 16#6CA 7#8CA 3FA 2SANDPROCESSAREAL O T 1338,239 S.F.80.0' ACCESS EASEMENT46.57'GROUND WATER FLOWLOT2B E R MB E R M264 113.38'S T A T E R O U77077076277477276623 C3153 A+770153 A+PHASE1N 37°18'31" E 385.01'N 52°12'04" W 993.66'15.0' REAR YARD SETBACK30.0' FRONT YARD SETBACK600.00'600.00'P.G.CA 16#6CA 7#8CA 3FA 2SANDPROCESSAREAL O T 1338,239 S.F.80.0' ACCESS EASEMENT46.57PART OF L O T 2265 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D C O M M E R C I A L L O T 750.00C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N E7707607606:13:13:1 3:16:1770780760770760770760760780780 3:177078076076077078079079078076077078078077076076077077050 ACRE LAKE65' SETBACKBERM 6' TO 8' HIGHLOT 2CCAABB770780LOT 13:17606:1 7606:1VILLAGE OF LAKEMOORVILLAGE OF LAKEMOORVILLAGE OF LAKEMOOR780780760770770DD3:1266 S T A T E R O U T E 1 2 0C H A P E L H I L L R O A D C O M M E R C I A L L O T 750.00C O U N T R Y L A N EE A S T W O O D L A N EF A I R V I E W L A N E7707607606:13:13:1 3:16:1770780760770760770760760780780 3:177078076076077078079079078076077078078077076076077077050 ACRE LAKE65' SETBACKBERM 6' TO 8' HIGHLOT 2CCAABB770780LOT 13:17606:1 7606:1VILLAGE OF LAKEMOORVILLAGE OF LAKEMOORVILLAGE OF LAKEMOOR780780760770770DD3:1McHenry County Standard Soil Erosion and Sediment Control Notes1. Control measures shall meet the minimum standards and specifications of the Illinois Urban Manual(www.aiswcd.org/IUM) unless stated otherwise.2. Soil disturbance shall be conducted in such a manner as to minimize erosion. Areas of the developmentsite that are not to be disturbed shall be protected from construction traffic or other disturbance until finalstabilization is achieved.3. Soil stabilization measures shall consider the time of year, development site conditions and the use oftemporary or permanent measures.4. Stabilization by seeding shall include topsoil placement and fertilization, as necessary.5. Native seed mixtures shall include rapid-growing annual grasses or small grains to provide initial,temporary soil stabilization.6. Offsite property shall be protected from erosion and sedimentation. Velocity dissipation devices shall beplaced at concentrated discharge locations and alone the length of any outfall channel, as necessary.7. Sediment control measures shall be installed prior to the disturbance of tributary areas.8. Stabilization of disturbed areas shall be initiated immediately whenever any clearing, grading, excavationor other earth disturbing activities have permanently ceased on any portion of the development site, ortemporarily ceased on any portion of the development site and will not resume for a period exceeding 14calendar days. Stabilization of disturbed areas shall be initiated within 1 working day of permanent ortemporary cessation of earth disturbing activities and shall be completed as soon as possible, but no laterthan 14 calendar days from the initiation of stabilization work in an area. Exceptions to these time framesspecified below:A. Where the initiation of stabilization measures is precluded by snow cover, stabilization measures shallbe initiated as soon as practicable; andB. In areas where construction activity has temporarily ceased and will resume after 14 days, temporarystabilization method may be used.9. Disturbance of steep slopes shall be minimized. Areas or embankments having slopes steeper than 3:1shall be stabilized with staked in place sod, erosion control blanket in combination with seeding, or anequivalent control measure.10. Perimeter control measures shall be provided downslope and perpendicular to the flow or runoff fromdisturbed areas, where the tributary area is greater than 5,000 square feet, and where runoff will flow in asheer flow manner. Perimeter erosion control shall also be provided at the base of soil stockpiles.11. The stormwater management system shall be protected from erosion and sedimentation downslopefrom disturbed areas. Inlet protection that reduces sediment loading, while allowing runoff to enter theinlet shall be required for all storm sewers. Check dams, or an equivalent control measure, shall berequired for all channels. Filter fabric inlet protection and straw bale ditch checks are not acceptablecontrol measures.12. If dewatering services are used, discharges shall be routed through an effective sediment controlmeasures (e.g., sediment trap or an equivalent control measure). The Enforcement Officer shall be notifiedprior to the commencement of dewatering activities.13. All temporary soil erosion and sediment control measures shall be removed within 30 days after finalstabilization of the development site is achieved or after the temporary measures are no longer necessary.Trapped sediment shall be removed and disturbed areas shall be permanently stabilized.14. Stockpiled soil and materials shall be removed from flood hazard areas at the end of each workday. Soiland materials stockpiled in IWMC or buffer areas shall be placed on timber mats, or an equivalent controlmeasure.15. Effective control measures shall be utilized to minimize the discharge of pollutants from the developmentsite. At a minimum, control measures shall be implemented in order to:A. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, andother wash water; andB. Minimize the exposure of building materials, building products, construction wastes, trash, landscapematerials, fertilizers, pesticides, herbicides, detergents, vehicle fluids, sanitary waste, and othermaterials present on the development site to precipitation and to stormwater.16. Adequate receptacles shall be provided for the depositing of all construction material debris generatedduring the development process. The applicant shall not cause or permit the dumping, depositing,dropping, throwing, discarding or leaving of construction material debris upon or into any developmentsite, channel, or IWMC. The development site shall be maintained free of construction material debris.17. The Enforcement Officer may require additional or alternate soil erosion and sediment control measures,based on development site specific considerations and the effectiveness of the installed control measures.267 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. REGULAR AGENDA SUPPLEMENT DATE: June 5, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Kensington Drive Resurfacing ATT: Preliminary Engineer’s Estimate of Cost ______________________________________________________________________________ AGENDA ITEM SUMMARY: Staff is bringing forward the resurfacing of Kensington Drive with remaining balances of Fiscal Year 2023/2024 Road Resurfacing Program funding for the discussion and consideration of the City Council. BACKGROUND: At the May 15, 2023, City Council Meeting City, staff was directed to bring forward for discussion the resurfacing of Kensington Drive. Kensington Drive is currently programmed for resurfacing in 2025 (FY25/26) but due to concerns over the condition of the roadway, the City Council has requested that this location be considered for funding this year. Specifically, it was requested that staff explore the possibility of adding the resurfacing of Kensington Drive to the ongoing Motor Fuel Tax Funded Road Resurfacing Program contract with Peter Baker and Son Company. At the meeting, staff informed the City Council that the addition of a new location to the existing contract would likely not be allowed by IDOT as the addition is not germane to the original contract. Since that time, staff has contacted IDOT regarding the proposed change and IDOT confirmed that the addition would not be allowed on the existing contract. Another approach staff identified for the completion of Kensington Drive in the case that IDOT would not make this allowance was that of a separately bid project for Kensington Drive alone. Staff has prepared a preliminary estimate of cost for this location based upon a separate contract which is attached to this agenda. The preliminary estimate of cost is $343,000, which is more than the initial planning estimate included on the future road program spreadsheet. The reason for this difference is due to a larger amount of concrete work in this location as it is uncertain at this time if these repairs will be able to be scheduled for “in-house” completion in a similar fashion to other road program locations. Additionally, this project will be bid late in the season and there is a risk of pricing being negatively affected due to schedule constraints. 268 Based upon the current funding breakdown for all the City’s road projects this year, a newly bid project would need to be funded with MFT funds. The use of MFT funds will entail adherence to IDOT MFT use guidelines and processes. Part of this process includes a review and approval of the contract documents by IDOT Local Roads staff which takes approximately 2-3 months. Given this time frame, staff is approximating that the earliest a contract could be awarded for a separately bid project for the resurfacing of Kensington Drive would be October of this year. As an option that falls between trying to accommodate the completion of the project in FY23/24 and waiting until FY25/26 is for Council to direct staff to include Kensington in the 2024 (FY24/25) Road Resurfacing Program. This would ensure that the work is undertaken in 2024, one year ahead of the current proposed timeline. Staff is seeking direction and, if appropriate, a motion by Council to either: 1) Move forward with attempting to complete the project during FY23/24; or, 2) Include the project in the 2024 (FY24/25) Road Resurfacing Program ; or, 3) Leave the project where it is currently planned as part of the FY25/26 Road Resurfacing Program. 269 Item Quantity Unit Unit Price Total HMA Surface Removal 3.5" 9067.0 SQ YD 4.50$         40,801.50$     Base Preparation 9067.0 SQ YD 1.25$         11,333.75$     Agg Base R&R 18"272.0 SQ YD 50.00$       13,600.50$     HMA BC IL 19.0 N50 1157.7 TON 85.00$       98,408.12$     HMA SC 9.5 N50 761.6 TON 90.00$       68,546.52$     Sidewalk Removal 2500.0 SQ FT 4.00$         10,000.00$     PCC Sidewalk 5"2500.0 SQ FT 11.00$       27,500.00$     Combination CC&G Removal 600.0 LF 13.50$       8,100.00$       Combination CC&G M6.12 600.0 LF 45.00$       27,000.00$     Landscape Restoration 200.0 SQ YD 15.00$       3,000.00$       Structure Adjustments 12.0 EACH 750.00$     9,000.00$       Detectable Warnings 120.0 SQ FT 50.00$       6,000.00$       THPL PVT MKG Line 24"45.0 LF 10.00$       450.00$          THPL PVT MKG Line 6"400.0 LF 1.50$         600.00$          TCP 1.0 LSUM 9,730.21$ 9,730.21$       MOB 1.0 LSUM 9,730.21$ 9,730.21$       Total 343,800.81$  Kensington Drive (Waters Edge to Crystal Lake Road) EOPC (5/19/23) 270 Department of Public Works Troy Strange, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. REGULAR AGENDA SUPPLEMENT DATE: June 5, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E. Director of Public Works Greg Gruen, P.E. Staff Engineer RE: Proposed 2024 Road Resurfacing Program Request for Authorization to Bid ATT: Proposed Program Location Listing and Estimated Costs Project Location Map ____________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to authorize staff to prepare plans, solicit proposals for engineering assistance (if necessary), and to publicly bid the 2024 Road Resurfacing Program. BACKGROUND: Staff is proposing a FY24/25 Capital Program that includes $2,900,000 for the 2024 Road Resurfacing Program. Staff is preliminarily estimating the cost of the resurfacing to be approximately $400,000/mile. The locations for the work are based on an updated multi-year plan which staff has recently completed and is based upon the Chicago Metropolitan Agency For Planning (CMAP) grant funded pavement study completed in Summer of 2019. The program will consist of resurfacing approximately 7.2 miles of local neighborhood streets. Work will consist of asphalt grinding and resurfacing, concrete ADA ramp sidewalk improvements and limited curb and gutter repairs. Public Works maintenance staff will begin repairing manholes and sewers within the project limits in anticipation of the project as soon as program locations are finalized. -p improvements upon finalization of program locations. Staff intends to publicly bid the resurfacing project in the first quarter of 2024. The program will be funded utilizing the following funding sources: $1,700,000 State of Illinois Motor Fuel Tax 1271 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. $350,000 Township Road District Road and Bridge Funds $300,000 Municipal Retailer Motor Fuel Tax $550,000 Operating Capital (Street Division Budget) ANALYSIS: The Preliminary to resurface 7.2 miles of local roads at a cost of $400,000/mile including contingencies is approximately $2.90 Million. RECOMMENDATION: Therefore, if Council concurs, it is recommended to authorize staff to proceed with the plan preparation and publicly bid the 2024 Road Resurfacing Program as presented. If necessary, it is further recommended to authorize staff to solicit proposals for engineering assistance to present to the City Council at a later date. 1272 273 274 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. DISCUSSION AGENDA ITEM DATE: June 5, 2023 TO: City Council FROM: Deputy Clerk Monte Johnson RE: Liquor and Catering AGENDA ITEM SUMMARY: The City’s liquor code allows for Class A license holders to apply for and obtain a Catering Endorsement. A catering endorsement permits the service of alcoholic liquors for consumption, either on-site or off-site, whether the location is licensed or unlicensed, as an incidental part of food service. Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract. The following licensees in the City of McHenry have obtained their catering endorsement for the 23/24 fiscal year: 3 Queens, 31 North, DC Cobbs, American Legion Post #491, Ye Olde Corner Tap, Village Squire. In November of 2022, Robert Justen of Justen Funeral Home approached Staff and the Council about the possibility of obtaining a liquor license for their celebration of life services. Staff and some members of the Council still have concerns over the serving of alcohol at a funeral home. Although a liquor license has not been issued to Justen Funeral Home, there are no regulations stopping a funeral home from having a business with a catering license serve alcohol at their location. Staff, along with Mayor Jett, thought it would be wise to open discussions again regarding the serving of alcohol at a funeral home. 275 STAFF REPORT FOR JUNE 2023 The purpose of this report is to provide the City Council and public with the most up-to-date information regarding the latest projects and happenings within the municipal government of the City of McHenry. This report is organized by operating department and will be updated and transmitted as part of each City Council Agenda Packet. Council is welcome to contact any Department Director for more information on any item included in this report, as well as topics from previous reports or items not included in the report. This report does not include projects or other information that is considered confidential in nature. ECONOMIC DEVELOPMENT Contact: Doug Martin, Director of Economic Development – 815/363-2110 International Council of Shopping Centers (ICSC) Mayor Jett, Alderman Strach, Director Hobson and Director Martin went to the ICSC conference in Las Vegas, which was held May 22 and May 23. A report of the proceedings at the conference will be forthcoming. Article from CoStar Below is an article form CoStar News about store openings and closings compared from this year to last year. CoStar News - Announced Store Openings Are Eclipsing Closings for Now Panera Closed Panera officially closed their store at 1711 N Richmond Road and is currently constructing a freestanding store with a drive-thru across the street. The new recreational cannabis dispensary will be building out their store at 1711 N Richmond Road, which will take 60-90 days. The freestanding Panera is slated for a fall opening. Chamber News 6/2 Never Eat Alone at Green Peapod Restaurant 1225 Green St. 11:45-1:00 pm 6/20 Ribbon Cutting/Mixer Style House 1126 N. Green St. 5:00-7:00 pm 6/23 Ribbon Cutting/Grand Opening McHenry Riverwalk Shoppes 10:00 am-12:00 pm 6/24 Taste of McHenry on Main 11:00 am-5:00 pm 6/27 Ribbon Cutting/Grand OpeningCedarhurst of McHenry 3801 Blake Blvd4:00-6:00 pm 276 COMMUNITY DEVELOPMENT Contact: Ross Polerecky, Director of Community Development – 815/363-2182 1252 Green Street Earlier this year council approved an agreement with 1252 Green LLC to make improvements and utilize Neumann Park for their business. Work has begun on the park with a new deck and handicap ramp being installed. 4213 Elm Street IDOT permits for the new Wingstop located at 4213 Elm are anticipated to be approved shortly. Demolition of the former currency exchange will take place within the next two weeks. Fox Meadows Apartments Offsite underground utility work is currently underway along Veterans Parkway. This work should be completed within the next 30 days. The foundation for the first apartment building is complete with the clubhouse foundation being poured next. Authentix McHenry Construction is nearing an end for this development. Final touches are being done on landscaping and other outstanding items. Staff will be performing walk throughs of the development to ensure all conditions of the approved development have been met. POLICE Contact: John Birk, Chief of Police – 815/363-2200 Personnel Update The following personnel have recently completed the respective years of service with the McHenry Police Department: • Sergeant Kelly Ducak – 18 years • Sergeant Patrick Polidori – 16 years • I.T. Manager Aaron Greve - 7 years • Officer Peter Mader – 5 years • Telecommunicator Bridgette Veronese – 4 years • Telecommunicator Eileen Beidelman – 4 years Officer Lawrence Popp retired from the police department to start a new chapter of his law enforcement career with the Lake County Sheriff’s Office. Officer Popp started with the McHenry Police Department on July 2nd. 2021. During his 21+ years in McHenry he was a Canine Officer, Field Training Officer, and Defensive Tactics Instructor. 277 Training Commander Michael Cruz and Asst. CALEA Manager Stephanie Erb attended ILCMA Professional Grant Writing for Beginners webinar. This webinar was online. Sergeant Jamie Prather attended Police Supervisor Liability training hosted by the Oswego Police Department. Sergeant Jamie Prather, Sergeant Brett Kinney, and Sergeant Patrick Polidori attended online training on Managing Police Discipline. Officer Diana Hernandez attended Comprehensive DUI Awareness. This training was hosted by the Countryside Police Department. Officer Daniel Lincicum attended 40-hour Basic Evidence Technician training. This training was hosted by Streamwood Police Department. Officer Joshua Conway attended K-9 Legal training. This training was hosted by the College of Lake County. Officer Richard Rewiako attended Advanced Solo Officer School Threat Scenario Training for SROs. This Training was hosted at the McClure Junior High School in Western Springs. Officer Diana Hernandez attended Juvenile Specialist Skills. This training was hosted by the Elmhurst Police Department. Officer Megan Carey attended 24-hour Basic Crime Scene Photography. This training was hosted by the Oswego Police Department. Officer Alberto Martinez attended Enhanced Crime Scene Photography Techniques for Law Enforcement Officers. This training was hosted by the St. Charles Police Department. Public Relations On May 3rd, 2023, Commander Mike Cruz, Officer Jill Foley, Officer Daniel Lincicum and Public Affairs Officer Michael Spohn were invited to Riverwood Elementary School’s Hike Bike N’ Roll event. The officers interacted with the staff, played games with the kids, handed out badge stickers and police tattoos and interacted with staff. It was a great time! 278 On May 4th, 2023, Public Affairs Officer Mike Spohn gave a summer safety presentation to parents at the McHenry County Head Start Program. The presentation included pool safety, safety around cars, stranger danger and proper child car seat installation. On May 5th, 2023 Sergeant Brian Aalto visited Little Angels Preschool and talked to the kids about what it is like to be a police officer. On May 15th, 2023, members of the McHenry Police Department and their families volunteered time at Feed My Starving Children in Libertyville, Illinois. Feed My Starving Children collects charitable donations to buy food for families in need, which are boxed by volunteers and shipped to locations worldwide. Our volunteers packed 133 boxes of food. Great job! 279 On May 16th, 2023, Sergeant Patrick Polidori, Officer Robert Klasek and Public Affairs Officer Michael Spohn hosted a child safety seat installation check event. Fifteen (15) child safety seats were checked for proper installation during the event. On May 17th, Sergeant Patrick Polidori and Public Affairs Officer Michael Spohn accepted a donation of summer game items from Dick’s Sporting Goods. The items donated are to will be used by officers to engage with youth in the community over the summer months. On May 19th, 2023, members of the McHenry Police Department participated in the annual Cop on a Rooftop fundraising event that supports Special Olympics - Illinois. The department raised a total of $6,783 at our two Dunkin’ locations! 280 On May 24th, 2023, Public Affairs Officer Michael Spohn picked up two Montini Catholic School students (Chase Start and Logan Wilson) from their homes and took them to school. After school Officer Spohn picked the students up and took them for ice cream at Culvers. The two students were the lucky winners of a raffle price offered at the Montini Masters Golf Event. Everyone had a great time! On May 26th, 2023, Public Affairs Officer Michael Spohn was invited to Heritage Woods to talk to residents about what it is like to be a police officer in McHenry. 281 PUBLIC WORKS Contact: Troy Strang, Director of Public Works – 815/363-2125 Field Operations All routine Spring programs including Brush Pickup and Hydrant Flushing are now completed. Concrete pavement restoration on IL Route 120 in front of the fire station was completed the first week of May with the far north westbound lane remaining closed throughout the week. This work was performed to restore pavement damage due to a water main break which occurred this winter. Shoulder grading and repairs as well as winter restoration work are currently ongoing and will continue for the next few weeks. Routine Summer operations including pothole patching, street sweeping, and mowing are all initiated and ongoing. 2023 Road Projects The Green Street STP Program, the Dartmoor Drive Resurfacing Program, and to 2023 Local Street Resurfacing Program are all underway and will continue throughout the month of June. Major construction operations are anticipated to be completed by the beginning of July. The Dartmoor Drive project will require a full closure of the Dartmoor Drive Bridge and a local detour. This portion of the project is anticipated for the end of June. City Hall Parking Lot The rehabilitation of the City Hall Parking Lot is currently ongoing. Brickwork at entrances and all concrete repairs are now completed. Asphalt milling and resurfacing will be completed within the next few weeks. The resurfacing will require a one day closure of the parking lot as all pavement removal and paving are planned to be completed in one day. North Riverside Drive Parking Lot Preliminary design is nearing completion. Preliminary plans will be delivered for staff review this week and the project will be ready for bidding by the end of July with construction to follow in the Fall. 282 Office of the City Clerk McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. INDIVIDUAL ACTION ITEM DATE: June 5, 202 TO: Mayor and City Council FROM: Monte Johnson, Deputy City Clerk RE: Semi-Annual Review of Executive Session Meeting Minutes ATT: Resolution, list of minutes and recordings _____________________________________________________________________________ AGENDA ITEM SUMMARY: Pursuant to the Illinois Open Meetings Act, a semi-annual review of minutes and recordings of all closed executive sessions that have not yet been released for public review must be conducted semi-annually. BACKGROUND: The determination of which minutes, if any that may be released is based on the advice of legal counsel. The Act also permits the destruction of executive session recordings that exists more than 18 months after the date the meeting was recorded. Executive Session minutes recommended for approval and release: 11/21/22, 12/5/22, 12/19/22, 3/20/23. All of these minutes are set for approval and there is no need for confidentiality. Executive Session minutes recommended for release: The minutes from 10/18/21, 2/22/22, 3/21/22, 4/5/22, 4/18/22, 5/16/22, 7/18/22, 8/1/22, 9/6/22, 9/19/22, 10/17/22, 11/7/22, were previously approved but were not released. The issues discussed in the minutes have been resolved, so the need for confidentiality no longer exists. The closed session recordings from 7/19/21, 9/20/21, and 10/18/21 are scheduled to be destroyed at this time. Recommendation: If Council concurs, then it is recommended a motion is made in Open Session to pass the attached Resolution approving the destruction of any executive session recordings that exist more than 18 months, and for the release of certain minutes, and to keep certain minutes confidential. 283 RESOLUTION 22- WHEREAS, the Illinois Open Meetings Act specifies that Executive Session minutes be reviewed at least once every six months; and WHEREAS, upon advice from Counsel, the McHenry City Council recommends the approval of the following Executive Session Minutes: 11/21/22 5ILCS 120/2(c)(5) Purchase or Lease of Real Property 12/5/22 5ILCS 120/2(c)(5) Purchase or Lease of Real Property 12/19/22 5ILCS 120/2(c)(1) Employment of Specific Employees 3/20/23 5ILCS 120/2(c)(5, 6) Purchase or Lease of Real Property; Sale of Property WHEREAS, upon advice from Counsel, the McHenry City Council recommends the release of the following Executive Session Minutes: 10/18/21 5ILCS 120/2(c)(11, 5) Litigation, Purchase or Lease of Real Property 2/22/22 5ILCS 120/2(c)(5) Purchase or Lease of Real Property 3/21/22 5ILCS 120/2(c)(5) Purchase or Lease of Real Property 4/5/22 5ILCS 120/2(c)(5) Purchase or Lease of Real Property 4/18/22 5ILCS 120/2(c)(5) Purchase or Lease of Real Property 5/16/22 5ILCS 120/2(c)(5) Purchase or Lease of Real Property 7/18/22 5ILCS 120/2(c)(11) Litigation 8/1/22 5ILCS 120/2(c)(5) Purchase or Lease of Real Property 9/6/22 5ILCS 120/2(c)(5) Purchase or Lease of Real Property 9/19/22 5ILCS 120/2(c)(5) Purchase or Lease of Real Property 10/17/22 5ILCS 120/2(c)(5) Purchase or Lease of Real Property 11/7/22 5ILCS 120/2(c)(5) Purchase or Lease of Real Property 11/21/22 5ILCS 120/2(c)(5) Purchase or Lease of Real Property 12/5/22 5ILCS 120/2(c)() Purchase or Lease of Real Property 12/19/22 5ILCS 120/2(c)(1) Employment of Specific Employees 3/20/23 5ILCS 120/2(c)(5, 6) Purchase or Lease of Real Property; Sale of Property NOW THEREFORE, BE IT RESOLVED as specified in the Illinois Open Meetings Act that authorization is hereby granted to destroy all Executive Session recordings that exists more than 18 months prior to the date of this Resolution. BE IT FURTHER RESOLVED that a copy of this Resolution shall be made a permanent part of the City Council minutes. Passed this 5th day of June, 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 284