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;
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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.
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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
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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
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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.
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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
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Alderwoman Bassi _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Koch _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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• 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.
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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
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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
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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.
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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
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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)
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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:
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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:
Ҥ11-8D-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
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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
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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
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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.
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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
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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
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Department of Community Development
McHenry Municipal Center
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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
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Department of Community Development
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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
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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
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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.
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Department of Community Development
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Phone: (815) 363-2170
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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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.
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• 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.
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
McHenry Lakes Development Plan
December 2022
3/50215
2.1 Aerial Map
McHenry Lakes Development Plan
December 2022
4/50216
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McHenry Lakes Development Plan
December 2022
5/50PIQ PAGE 5217
BULL VALLEY ROADRINGWOOD ROADWALKUP ROADBARREVI
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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City of McHenry Ordinance – Berm Cross Section (Height and Setback) Proposed Berm Cross Section (Height and Setback) WƌŽƉŽƐĞĚĞƌŵEŽƚĞƐ͗ϭͿ >ŝŶĞŽĨƐŝŐŚƚŽƌǀŝƐŝďůĞƐĐƌĞĞŶŝŶŐŝƐĞŶŚĂŶĐĞĚǁŝƚŚƉƌŽƉŽƐĞĚĚĞƐŝŐŶ͘ϮͿ EŽŝƐĞĂƚƚĞŶƵĂƚŝŶŐƉƌŽƉĞƌƚŝĞƐƌĞŵĂŝŶƵŶĐŚĂŶŐĞĚ͕ƉƌŽĐĞƐƐŝŶŐĂƌĞĂƌĞŵĂŝŶƐĂĚŝƐƚĂŶĐĞŽĨĂƉƉƌŽdžŝŵĂƚĞůLJϭ͕ϮϬϬĨƌŽŵƉƌŽƉĞƌƚLJůŝŶĞ͘ϯͿ ůŝŵŝŶĂƚĞϱϬΖŝŵƉƌŽǀŝĚĞŶƚĂƌĞĂ͘
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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
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Dutch Creek Estates –Johnsburg Road
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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
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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
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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.
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4.2 Aggregate and Development Photos
As mining progresses, reclamation follows. Super Aggregates, Waterford, WI Facility
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Reclaimed site seeded with prairie grass and planted evergreens.
Super Aggregates, Waterford, WI. Facility
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June 2020 Photo from Super Aggregates –Waterford, WI Facility
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Super Aggregates, Volo Facility, Volo, Illinois
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Super Aggregates, Clear Lake Facility, Belvidere, IL
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Current site and equipment. Super Aggregates, Burgett Lake Facility, Richmond, IL
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Clear Lake Electric Dredge, Belvidere, IL
Marengo Lakes Electric Dredge, Marengo, IL
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Photos of Scale House and Monument Sign.
Super Aggregates, Burgett Lake Facility, Richmond, IL
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Former Super Aggregates, Nish Rd. Facility, Prairie Grove, Illinois
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Dutch Creek Estates Residential Development, Johnsburg, IL
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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
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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.
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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:
IL 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:
Landscaped 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:
Any 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:
In 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:
In 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:
Minimal West bound truck traffic through the City of McHenry.
Development project is short- term without expansion or extension projections.
Adjacent property shall not experience environmental affects including noise or dust.
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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.
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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.
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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!
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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!
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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!
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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.
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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.
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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.
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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
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