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Home My WebLink AboutPacket - 09/19/2016 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING City Council Chambers, 333 S Green Street Monday, September 19, 2016, 7:00 PM Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Presentation: Proclamation in Honor of Jessup Manufacturing Company in recognition of 60th Business Anniversary. 5. City of McHenry Mission Statement. 6. Public Comment: Any person wishing to address the City Council will be required to step forward to the podium and identify themselves for the record and will be asked but are not required to provide their address. Public Comment may be restricted to three - minutes for each individual speaker. Order and decorum shall be maintained at public meetings. 7. Motion to approve the following Consent Agenda items: A. Resolution designating the importance of manufacturing to our community and designating October 7, 2016 as National Manufacturing Day in the City of McHenry; B. Transmittal of I" Quarter 2016/17 Financial Report; C. Payment of Bills in the amount of $2,299,233.79. D. Issuance of As -Needed Checks in the amount of $2,036,902.10. Motion to adopt an ordinance granting a 1.28-foot reduction variation in the required side yard building setback requirements for the property located at 1503 N Richmond Road. 9. Conditioned upon approval of Agenda Item #10, Motion to adopt: A. An Ordinance granting a Use Variance to allow a tavern at 4117 Shamrock Lane, subject to certain conditions; and B. A Variance from off-street parking and loading requirements for Lots 1-3 of the Liberty Square Shopping Center. 10. (Assuming approval of Agenda Item #9) Motion to approve: A. An Application for a Class A Liquor License from BeerAbility Lake Zurich, LLC d/b/a BeerAbility located at 4117 W. Shamrock Lane; and 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. McHenry City Council Agenda September 19, 2016 Page Two B. An Ordinance increasing the number of Class A licenses in effect from 26 to 27. 11. Conditioned upon approval of Agenda Item # 12, Motion to adopt: A. An Ordinance granting a Use Variance to allow a restaurant serving alcohol with outdoor seating, service, and consumption located at 335-337 Front Street, as well as operating of the restaurant with seating outdoors past 10:00p.m., subject to certain conditions; and B. A Variance from off-street parking and loading requirements for the Fountain Shoppes of McHenry. 12. (Assuming approval of Agenda Item #11) Motion to approve: A. An Application for a Class A Liquor License from Addison's Steakhouse LLC d/b/a Addison's Steakhouse located at 335-337 Front Street; and B. An Ordinance increasing number of Class A licenses by one. 13. Conditioned upon approval of Agenda Item #14, Motion to adopt an ordinance granting a Conditional Use Permit to allow a tavern at 810 Front Street, Unit C. 14. (Assuming approval of Agenda Item #13) Motion to approve: A. An application for a Class A Liquor License from 3 Queens, Inc. d/b/a 3 Queens located at 810 Front Street, Unit C; and B. An Ordinance increasing number of Class A licenses by one. 15. Motion to approve a Professional Services Agreement with HR Green, Inc. for Design, Bidding, and Construction Services for the Public Works Facility Standby Generator Project in an amount not to exceed $44,340 and authorization to publicly bid the project. 16. Mayor's Statement and Reports. 17. Committee Reports. 18. Staff Reports. 19. Future Agenda Items. 20. Adjournment. 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. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: September 19, 2016 RE: Resolution designating the Importance of Manufacturing to our community and designating October 7, 2016 as National Manufacturing Day in the City of McHenry ATT: 1. Resolution designating the Importance of Manufacturing to our community and designating October 7, 2016 as National Manufacturing Day in the City of McHenry 2. Manufacturing, Trades and Industry Expo Flyer 3. Letter to Students and Parents pertaining to Manufacturing, Trades and Industry Expo on September 22, 2016 4. Letter to Exhibitors pertaining to Manufacturing, Trades and Industry Expo on September 22, 2016 Attached is a resolution designating October 7, 2016 National Manufacturing Day. Also attached is information about the career expo at McHenry High School East Campus Gymnasium on September 22, 2016 from 6:00 p.m. to 8:00 p.m. Therefore, if Council concurs it is recommended that a motion be made to approve the attached resolution designating the Importance of Manufacturing to our community and designating October 7, 2016 as National Manufacturing Day in the City of McHenry. A RESOLUTION RECOGNIZING THE IMPORTANCE OF MANUFACTURING AND DESIGNATING OCTOBER 7, 2016 AS NATIONAL MANUFACTURING DAY IN THE CITY OF MCHENRY WHEREAS, National Manufacturing Day is an annual event, held on the first Friday in October and highlights the importance of manufacturing to our national economy, providing an opportunity for manufacturers throughout North America to open their doors to highlight the many rewarding high -skill jobs available in manufacturing -related industries; and WHEREAS, the National Manufacturing Day Mission Statement is: "To empower manufacturers to improve the public perception of manufacturing careers and the sector 's value to the economic health of the U.S. by connecting them to business improvement, community resources, and next -generation workers; " and WHEREAS, the manufacturing sector in McHenry County employs a large percentage of our workforce and a very important economic sector throughout McHenry County; and WHEREAS, for generations, manufacturing has played a critical role in the United States, State of Illinois, McHenry County and the City of McHenry's diverse economy; and WHEREAS, City of McHenry is home to numerous national and international manufacturers within many different economic sectors including metalworking machinery manufacturing; medical equipment and supplies manufacturing; plastic resin and synthetic fiber manufacturing; plastics and rubber and electronics manufacturing; and WHEREAS, the City of McHenry is fortunate to have numerous business and industrial parks located throughout the city including McHenry Corporate Center, Sherman Hill Industrial Park, North Gate West, Prairie Pointe Business Park, Tonyan Industrial Park, Inland Business Park, Adams Commercial Center, Professional Plaza, and City Centre Business Park; and WHEREAS, Manufacturing companies in the City of McHenry range in size from less than ten employees to more than 400 employees occupying buildings from a 2,000 thousand square feet to more than 650,000 square feet; and WHEREAS, manufacturing jobs enable City of McHenry families to realize the dreams of owning a home, sending a child to college and enjoying a secure retirement and, manufacturers pay millions of dollars annually supporting schools, law enforcement, emergency preparedness, public works and other essential services; and WHEREAS, the City of McHenry advocates, supports and promotes the growth of manufacturing and related industries through numerous plans and programs to enable companies to expand or relocate to the City of McHenry but also to remain within the City of McHenry; and 1 WHEREAS, on September 22, 2016, from 6:00 p.m. to 8:00 p.m. at the McHenry High School East Campus Gymnasium, 1012 N Green Street, a Manufacturing, Trades and Industry (MTI) Career Expo will be held featuring more than 40 industrial/manufacturing companies, as well as trade organizations throughout McHenry County and programs offered at McHenry Community High School District 156 and McHenry County College; and WHEREAS, the Manufacturing, Trades and Industry Expo is a collaborative effort sponsored by McHenry Community High School District 156 in partnership with the City of McHenry, McHenry County Economic Development Corporation, McHenry County Workforce Network, McHenry County College, McHenry Area Chamber of Commerce, Rotary Club of McHenry Sunrise, and Jett's Heating and Air, Inc; and WHEREAS, the purpose of the Manufacturing, Trades and Industry Expo is to feature numerous opportunities local companies offer and to inform parents and students about the educational pathways that could benefit students as they decide on future careers and to find and sustain enough skilled people to fill positions throughout McHenry County; and WHEREAS, on October 4 and October 5, 2016 the McHenry Area Chamber of Commerce in partnership with McHenry Community High School District 156, Crystal Lake Community High School District 155 and companies throughout McHenry County will provide students with an opportunity to tour area manufacturers and learn what the companies do. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF MCHENRY RECOGNIZES THE IMPORTANCE OF MANUFACTURING AND DESIGNATES OCTOBER 7, 2016 AS MANUFACTURING DAY IN THE CITY OF MCHENRY. PASSED and APPROVED this 19th day of September 2016. Voting Aye: Voting Nay: Abstained: Not Voting: Absent: ATTEST: City Clerk Mayor 2 WLrLJ�� P ervice S Ahn�fl., cplf r AV, 5E 6:00- *ALL 5 MULT ILL SENI 15TER FI SCHOOL INDUSTRY10, ILA"bRDE�XP�O �IPUS N.15REER! ENTS W MCHENRY COMMUNITY HIGH SCHOOL DISTRICT 156 RYAN MCTAGUE, PH. D., SUPERINTENDENT E�obert U. Swartzloff Center for Educational Services DAVID T. LAwsoN, CF0/CSBO CARL D. VALLIANATOS, ED. S., DIRECTOR OF CURRICULUM AND INSTRUCTION BECKY COVALT, DIRECTOR OF SPECIAL EDUCATION Friday, July 1, 2016 Dear Local Leaders in Manufacturing, Trades, and Industry, 4716 K Crystal Lake Road McHenry, IL 60050 (815) 385-7900 Fax (815) 344-7153 www.distlS6.org My name is Carl Vallianatos and I am the Director of Curriculum and Instruction for McHenry High School District #156. 1 wanted to reach out and inform you of an exciting new event being planned by McHenry High School, MCC, City of McHenry, The McHenry Area Chamber of Commerce, the McHenry County Economic Development Corporation, and the Workforce Network. McHenry High School has been working with these groups as a partner to highlight the fantastic career opportunities that exist in manufacturing and industry right here in McHenry County and the technical programming that MCHS provides that could lead to these careers. This is why we are putting on a Career EXPO in the evening of September 22 for students AND parents from around the area to attend. We hope that you and your organization will join us and have an exhibitor table for this event. We hope that you would like to show off your business, products, and achievements to our community and highlight what needs to be done for our young people to access careers in your field. We encourage your booth to be as hands-on and interactive as possible to excite our students. Manufacturing, Trades, and Industry �MTIj Career Expo Thursday, September 22 from 6:00pm=8:00pm in the McHenry HS East Campus Gymnasium. Tables/Electricity for your exhibitor booths will be provided. MCHS and our partners will vigorously promote the event to parents and students of McHenry AND many other local high schools and middle schools. Thank you for all you do for our community! Yours in Learning! Carl D. Vallianatos, Ed.S. Director of Curriculum and Instruction (815) 759-2261 vallianatoscarl@dlstl56.org McHenry I County College If you would like to be an exhibitor at the event please contact me via the email or phone by July 31. We will supply a 8X12 Space and A 4X6 Table with electricity available Carl Vallianatos -McHenry High School _ Mc�Ien�yrea V � ✓� am er M of commerce IIIIianatoscarl@dist156.org Shaping Ih. lr..nr.rn r ol.Hr/Iron' (bunk M�NENRYIEDC COUNTY ' MCHENRY COUNTY '. WorkforceNetwork \✓s,Ni.. MCHENRY COMMUNITY HIGH SCHOOL DISTRICT 156 RYAN MCTAGUE, PH. D., SUPERINTENDENT Robert U. Swartzloff Center DAV ID T. LAWSON, CFO/CSBO CARL D. VALLIANATOS, ED. S., DIRECTOR OF CURRICULUM AND INSTRUCTION BECKY COvALT, DIRECTOR OF SPECIAL EDUCATION August 10, 2016 Dear Students and Parents, for Educational Services 4716 W. Crystal Lake Road McHenry, IL 60050 (815) 385-7900 Fax (815) 344-7153 www.distlS6.org My name is Carl Vallianatos and I am the Director of Curriculum and Instruction for McHenry High School District #156. 1 wanted to reach out and inform you of an exciting new event being planned by McHenry High School, local business leaders, and MCC. As parents and students, it is never too early to start asking questions like: "What kind of career should I have?", "What kind of opportunities exist locally?", and "What educational pathways will open these doors?" That is why we are bringing local McHenry County industries to MCHS to help promote their needs AND the educational pathways that could benefit our students as they seek careers. am All over our county, employers are saying the same thing! "We cannot find enough good, skilled young people to fill career positions!" We hope that all of our local families and students join us for an exciting evening of learning, discovery, and career planning! Manufacturing, Trades, and Industry �MTIj Career Expo Thursday, September 22 from 6:00-8:00pm in the McHenry HS -East Campus Gymnasium �� All students who attend may enter to win raffles* for autographed Bears and o� ti Blackhawks items donated by Jett's Heating and Air. ✓� All senior students will be able to register for a $500 post -secondary tech HEATING IR.M. scholarship sponsored by the McHenry Rotary Club — Sunrise! All students who attend with their parents will get multiple raffle tickets, increasing their chances of winning these wonderful prizes! Yours in Learning! Carl D. Vallianatos, Director of Curriculum and Instruction Sponsors and Participating Organizations EorHENRYMc en COUNTY McHenry HH y,c, MMENRY kforceNetwork County College ham�er COUNTYIEDC,y r ekworkNet Parwr City of McHenry Revenues, Expenditures and Transfers Budget Vs. Actual 15Y Quarter FY16-17 — (May 1, 2016 —July 31, 2016) Overview For the 2016/17 fiscal year all departments were asked to keep the budget status quo as revenues projections were cautiously adjusted based on historical trends as well as taking into consideration the financial instability of the State of Illinois. With this said, the operating budget is balanced and the community's program, service, capital equipment, and capital improvement needs will be met. The national economy has stalled during the first two quarters of 2016 due mostly to declining business investments. Across the United States, the GDP grew at a 1.2% annual rate in the second quarter of 2016 and is not expected to meet expectations for the year. Consumer spending is still up and driving the small upswing in the economy. This can be attributed to job creation and lower gasoline prices. And the national unemployment rate dropped to 4.9% from 5.1% one year ago. With this positive news, it is important to note that the State of Illinois as well as McHenry County are falling behind the trend in the nation. The state's unemployment rate is 6.0% and McHenry County is at 5.4% as of June 2016. The State currently remains without a budget, but disbursements of video gaming revenues to municipalities have resumed with the passing of the stop -gap budget. On the whole, it is important to continue to watch revenue trends as well as spending in order to be able to adjust to the volatile market. The City Administration continues to monitor the City's financial position on a monthly basis in order to ensure the budget document is followed. By actively managing the finances, deficit spending can be kept to a minimum and year-end fund balance results can be predicted and deficits eliminated. Highlights of revenues and expenditures are included below. Budget vs. Actual —Revenues &Expenditures (Refer to Page Al Overall, out of the City's 30 funds, 29 of the funds are running at levels management would expect for the first quarter of FY16/17. The funds that received property tax receipts are all running over the expected budgeted amount of 25% because %Z of property tax receipts are received in June. Water/Sewer fund revenues are running slightly behind the expected budgeted amount due to only 2 months of bills being recorded, this will be adjusted at the end of the fiscal year. Also, usage and billings for higher summer usage will go out in the second quarter. Management will closely watch water/sewer revenues over the next two quarters. The Employee Insurance fund expenditures are running over budget because 4 months of premiums have been paid. Revenues by Type (Refer to Page 5) The City's revenues are on track to meet budget amounts for the fiscal year. As of the first quarter, total revenues are at 23% of the budgeted amount which is lower than the 25% expected. This is due to the fact that transfers for the fiscal year have not been completed and water/sewer sales are only recorded for two months. Property tax revenues are usually received May through December, which drives up the percent of budget for the first quarter. As of the first quarter, about 527o of property tax revenues have been received, which is expected. Sales taxes were budgeted about 2.5% higher for fiscal year 2016-17 based on past trends and expected increases with the improving economic conditions. As of the first quarter, sales taxes are running at 21% of budget. Income taxes were budgeted about 12% higher due to past trends and are running at about 35% of budget for the first quarter. It is important to note that both sales taxes and income taxes are received approximately three months after they are collected. At the end of the fiscal year the tax revenue accounts are adjusted to reflect what was actually earned for the year. Income taxes have also been volatile over the last couple of years due to the state's financial position; at times the payments were running four to five months behind instead of just the typical three months. For now the state is back on track, but income taxes have repeatedly been brought to the table as a source of savings for the state by limiting the amounts paid to local governments. Water and Sewer sales are running below the expected 25% of budget at 15%. As was stated before only two months of bills have been recorded as of the first quarter, adjustments are made at the end of the fiscal year to make up for this. Billing for the higher summer usage will be completed in the second quarter which should drive up revenues, but this will have to be closely monitored. The budget for Impact fees was increased by 42% last fiscal year because of past trends. The fees are currently running at 29% of budget which is expected as the summer season is primarily when permits are issued. Licenses and permits revenues are at about 40% of budget for the first quarter. These revenues are running higher than expected due to vehicle stickers and increased permit issuances due to the time of the year. Video Gaming revenues were not received until the second quarter from the State of Illinois. Reimbursement revenues are at about 41% of budget due a yearly payment for the new dispatch center from the McHenry Township Fire Protection District. Interest income is falling short of the expected quarterly results due to police pension investment transactions that have not been recorded as of this report date. The interest income budgeted amount was also kept very low as the interest rates have not rebounded. Other Revenues are running at 9% of budget because transfers between funds were recorded in the second quarter. Revenues by Fund (Refer to page 6) General Fund revenues amount to 67% of the total budgeted revenues primarily coming from property taxesI sales taxes, income taxes, and charges for services. As of the first quarter, general fund revenues are at 34% of budget, which is expected as % of property taxes have been received and parks and revenue charges for services are higher during the summer months. The Tax Increment Fund revenues are at 50% of budget due to property tax receipts received during the first part of the year. Capital Improvements Fund revenues are running at 0% because transfers between funds were not completed until the second quarter. Debt Service Fund revenues are at 1% of budget due to transfers that cover the debt service fees being completed during the second quarter. Police pension revenues are at 34% of budget due to employer contributions which are property tax receipts and % of the receipts have been received. All other funds' revenues are running at 28% for the quarter. Page 2 of 8 Expenditure by Type (Refer to page 7) Total expenditures for the quarter were at 2070 which is slightly below the expected amount, due to transfers between funds being completed during the second quarter. Salaries represent 27% of the total expenditure budget and are only at 22% of the budgeted amount. Overtime budgets are being closely monitored. Benefit expenditures are at 31% of the budgeted amount due to the city's police pension contributions being at 53% of the budgeted amount. Police pension contributions are equal to the property tax receipts with the majority of the collections in June and September. Contractual expenses are only at 23% showing the commitment to hold down expenses in order to be able to adjust to a slowing economy. Other expenses are running right at 25% for the quarter. The development expense account is at 24% of budget for the year due to the advanced payment to Gary Lang for the sales tax incentive agreement. Also, the Tax Increment Fund administrative expense account is over the quarterly budgeted amount due to paying % of the property tax increment to 1110 N. Green Street and Chain O'Lakes Brewing Company per the agreements. Debt service expenses are at 10% of the budgeted amount due to bond principal payments being paid later in the fiscal year. Expenditure by Fund (Refer to page 8) The total for all of the funds are running at 20% of the budgeted amount, and only two funds are over the expected 25% budget amount for the first quarter. The Water/Sewer Fund is at 27% due to %z of bond interest payments being made during the first quarter. The Employee Insurance Fund is at 32% of budget because four months of insurance premiums have been paid because the City is required to pay one month in advance. A correction to the expense account is made at the end of the fiscal year to ensure only twelve payments are recorded during the current fiscal year. The Risk Management Fund is at 0% of budget because the McHenry County Municipal Risk Management Agency (MCMRMA) premium has not been paid as of the first quarter. Upcoming Quarters In summary, the City continues to be in a stable, fiscally conservative, financial position. Due diligence by all departments will be necessary to ensure this trend continues. Over the next few quarters, management will closely watch revenues to make sure they are on track to meet budgeted amounts as well as the water/sewer fund. Adjustments can be made for this fiscal year as well as to next year's budget to ensure positive results. Page 3 of 8 City of McHenry Revenues &Expenditures Budget vs. Actual Quartedy Report May 1, 2016 -April 30, 2017 Budget Vs. Actual -Revenues &Expenditures Revenues Fund FY16-17 Budget 1st Quarter 16-17 Actual % of Budget General Tourism 20 377,013 140,050 7,009 446 39,203 34.4% 28.0% Pa eant 3,600 460 12.8% Band 15,000 1 0.0 Civil Defense 8 000 - 0.0% Alarm Board Audit 153,000 38 211 15,742 13,949 10.3% 36.5 Annexation Motor Fuel Tax 58,200 677 429 16 904 166,363 29.0% 24.6 Develo er Donations TIF 133,690 326,000 81 954 164,242 61.3% 50.4% Debt Service Recreation Center 1 653,949 502 300 15 677 122,689 0.9% 24.4 S ecial Service Area #1A - - 0.0 S ecial Service Area #4 16 847 9,147 54.3% Ca ital Im rovements 2,652,459 228 0.0 Ca ital E ui ment Water/Sewer - 8,528 919 34 1,085,554 12.7 Ca ital Develo ment 172,000 - 0.0 Unlit Im rovements 2 933 097 287 0.0% Marina 51,500 12720 24.7% Em to ee Insurance 3 094 568 780,873 25.2 Risk Mana ement 728,492 748 0.1 Information Technolo 515,787 7 0.0% McHen Area Character Counts - 550 Flex Develo mental Escrow 85,000 500 27182 1 32.0% 0.1 Retained Personnel 75,000 10 770 14.4% Revolvin Loan 1550 292 18.8% Police Pension Total 2 664,244 45,606,405 910,521 10,485,545 34.2% 23.0 Fund yV FY16-17 Budget 1st Quarter 16-17 Actual % of Budget General 2,349 593 2 277,350 96.9 Tourism 45050 27,203 60.4% Pa eant 50 105 Band - 999 Civil Defense 2,700 - 0.0% Alarm Board 125,050 14,180 11.3% Audit Annexation 1 107 13,200 13 949 16,904 1260.1% 128.1 Motor Fuel Tax Develo er Donations 581 512 93,050 89 903 73,104 15.5% 78.6 TIF 20,065 137,111 683.3% Debt Service 150 99,423 66281.8% Recreation Center 445,107 5,892 1.3 S eciai Service Area #1A - - S ecial Service Area #4 - 9,147 Ca ital Im rovements 1,558 021 158 327 10.2 Ca ital E ui ment 479,300 65 084 Water/Sewer 1 854 703 144 728 7.6 Ca ital Develo ment 1 023,910 - 0.0 Unlit Im rovements Marina 2,933097 5 500 2,170,387 127 74.0% 2.3 Em to ee Insurance Risk Mana ement 2 244 75,856 198,937 1,773 8865.3% 2.3% Information Technolo - 66 496 McHen Area Character Counts - 737 Flex Develo mental Escrow - 500 12,973 1 0.1 Retained Personnel - 993 Revolvin Loan 1550 292 18.8% Police Pension Total 769 908 4,389,169 439,625 501,215 57.1 11.4% Ex enditures FY16-17 Budget 1st Quarter 16- 17 Actual % of Budget 22,726,606 4,732,096 20.8% 95,000 12,000 12.6 3,550 565 15.9% 15 000 1 000 6.7 5,300 0.0 27,950 1563 5.6% 37,104 0.0 45 000 0.0 1,256,941 76,460 6.1 226 740 8,850 3.9% 305,935 27,131 8.9% 1 653 799 115,100 7.0% 947,407 116,797 12.3 0.0 16,847 0.0 4210,480 158,555 3.8% 479300 65,118 13.6% 10,383,622 940,826 9.1 1,195 910 0.0% 2 170,674 46 000 12 593 27.4% 3,092,324 979810 31.7% 652 636 2 521 0.4 515,787 66,503 12.9% 1,287 85,000 14,210 16.7 0.0 75 000 9,777 13.0% 0.0 1,894 336 470 896 24.9 49,995,574 9,984,330 20.0% Page 4 of 9 City of McHenry Revenues &Expenditures Budget vs. Actual Quarterly Report May 1, 2016 -April 30, 2017 Revenues by Type 1st Quarter 16-17 Revenues FY16-17 Budget Actual % of Budget % of Total Pro ert Taxes 5 503 481 2 884 664 52.4% 27.5 Sales Taxes 8 666 156 2 167 734 25.0 % 20.7% Income Taxes 2,753184 974177 35.4% 9.3% Other Taxes 1 383 229 363 404 26.3% 3.5 Water &Sewer Sales 6 779,735 1 005 238 14.8 % 9.6 Im act Fees 306 540 89 550 29.2°/a 0.9% Fines and Fees 757 200 142 153 16.8% 1.4% Licenses and Permits 577 163 231 376 40.1 % 2.2% Reimbursements 610863 334,336 41.2% 3.2% Char es for Services 6 095 022 1 237 155 20.3"/0 11.6% Grants - - 0.0% Interest Income 766350 7165 0.9% 0.1% Other Revenues 11 207 482 1 048 593 9.4% 10.0% Total 45,606,405 10,485,545 23.0% 100.0% Revenues by Type 0.1% 10.0% ■Property Taxes ■Sales Taxes 0.0°� 11.$% �o/ 2�•-74ncomeTaxes ■OtherTaxes ■ Water &Sewer Sales ■Impact Fees 3.2 ■ Fines and Fees d Licenses and Permits 2.2°� 1.4% ■ Reimbursements ■Charges for Services 0.9° 9 6°� ■Grants Interestlncome 3.5% 20.7% Other Revenues 9.3% Page 5 of 9 City of McHenry Revenues &Expenditures Budget vs. Aclual Quarterly Report May 1, 2016 -April 30, 2017 Revenues by Fund 1st Quarter 16-17 Fund FY16-17 Bud et Actual % of Budget % of Total General 20,377 013 7 009 446 34.4 % 66.8% Motar Fuel Tax 677 429 166 363 24.6% 1.6% Tax Increment Financin 326 000 164 242 50.4% 1.6% Debt Service 1 653 949 15 677 0,9% 0.1 % Ca ital Im rovements 2 652 459 228 0.0% 0.0% Ca ital E ui ment - 34 0.0% 0.0% Water/Sewer 11 685 516 1 098 561 9.4% 10.5% Em to ee Insurance 3,094 568 780 873 25.2% 7.4% Risk Mana ement 728492 748 0.1% 0.0% Information Technolo 515,787 7 0.0% 0.0% Police Pension 2 664 244 910 521 34.2 % 8.7 All Olher Funds 1 230 948 338 844 27.5% 3.2 Total 45,606,405 10,485,545 23.0% 100.0% Revenues by Fund 8,000,000 7,0oo,00D 6,000,DOD 5,000,000 a,00D,00D 3,000,000 ■Revenues by Fund 2,000,000 1,000,000 — �. 2 E 3 E _ _ E ; _ � ci - c v � � _ ~ .01c ° � � E — � 3 0 d° a i � n — N � .e u w E u F Page 6 of 9 C(ty of McHenry Revenues &Expenditures Budget vs. Aclual Quarterly Report May 1, 2016 -April 30, 2017 Expenditures by Type F�c enditures FY16-17 Bud et 1st Quarter 16-17 Actual % of Budget % of Total Salades 11 947 031 2 665 014 22.3% 26.7% Benefits 6 093 465 1 860 083 30.5 % 18.6% Contractual 3 491 746 801,654 23.0% 8.0 Su lies 1 792 604 349 091 19.5% 3.5% Other 6 595 915 1 fi23 212 24.6% 16.3% Debt Service 2 242 020 236 160 10.5% 2.4% Ca ital 7 633 855 2 449 116 32.1 % 24.5% Transfers 10 196 938 - 0.0% 0.0% 49,995;574 9,984,330 20.0% 100.0% �% Expenditures by Type 25% 27% ■Salaries ■ Benefits ■ Contractual ■Supplies 2% ■Other ■ Debt Service ■ Capital e 19% Transfers 16/ 3% 8% Page 7 of 9 City of McHenry Revenues &Expenditures Budget vs. Actual Quarterly Report May 1, 2018 -April 30, 2017 Expenditures by Fund 1st Quarter 16-17 Fund FY16-17 Budget Actual % of Bud et % of Total General 22,726 606 4 732 096 20.8% 47.4% Motor Fuel Tax 1 258 941 76 460 6.1 % 0.8 Tax Increment Financin 305 935 27 131 8.9 % 0.3% Debt Service 1 653 799 115 100 7.0% 1.2% Ca itallm rovements 4210480 158555 3.8% 1.6% Ca ital E ui ment 479 300 65 118 13.6% 0.7 WateJSewer 11625532 3124093 26.9^/0 31.3% Em to ee Insurance 3,092 324 979 610 31.7 % 9.8 Risk Mana ement 652 636 2 521 0.4 % 0.0 Information Technolo 515 787 66,503 12.9 % 0.7% Police Pension 1 894 336 470 896 24.9 % 4.7 All Other Funds 1 579 898 166 047 10.5 % 1.7 Total 49,995,574 9,984,330 20.0% 100.0% Expenditures by Fund zs,000,000 zo,oao,000 is,000,000 ■ Expenditures by Fund 10,000,00a s,oao,000 _ ece`�` J¢,�a+ a 4�6 5�4� ¢ ac`y Q�¢c` �a�at s°�ac� a��¢c� 4 co\ 6a ac o `�Jca c z R 0 �F ��c ,pa, as aS a�\ S o er `e ,ca �oyo F¢c� Oe �Q� Q a4. �a oa e rya a o �C Qom O � P Page 8 of 9 City of McHenry Revenues &Expenditures Budget vs. Actual Quarterly Report May 1, 2016 -April 30, 2017 Fund Balance Fund Descd lion Fund Balance/(Deficit) - 4/30/16 Revenues Over Ex enses Fund Balance/(Deficit 7/31/16' 100 General Fund 10,325 050 2,277,350 12,602,400 200 Tourism Fund 330,559 27,203 357762 205 Pa eant Fund 1998 105 2,103 210 Band Fund 16,851 999 15,852 220 Civil Defense Fund 6,092 - 6,092 225 Alarm Board Fund 290 519 14,180 304,699 230 Audit Ex ense Fund 20,193 13,949 34 142 260 Annexation Fund 318,309 16,904 335 213 270 Motor Fuel Tax Fund 926 255 89,903 1,016 158 280 Develo er Donation Fund 883 037 73,104 956,141 290 TIF Fund 433 660 137,111 296 549 300 Debt Service Fund 329 892 99 423 230,469 400 Recreation Center Fund 973,472 5,892 979,364 424 SSA #4 -Lakewood Rd. Unlit 28 9 147 9,175 426 SSA #6 - Hunterville 179 115 - 179,115 440 Ca ital lm rovements Fund 1541592 158,327 1,383265 450 Ca tial E ui ment Fund 475,276 65 084 410 192 510 Water/Sewer Fund" 4,128,755 144,728 4273,483 550 Ca ital Develo ment Fund 1,584,637 - 1,584,637 580 Utilit Im rovements Fund 1 867,791 2,170 387 302,596 590 Marina Fund 433,368 127 433 495 600 Em to ee Insurance Fund 21,148 198,937 220,085 610 Risk Mana ement Fund 706,839 1 773 705 066 620 Information Technolo Fund 112 831 66 496 46,335 700 Em to ee Flex Fund - 12,973 12 973 720 Develo mental Escrow Fund - 1 1 740 Retained Personnel Fund - 993 993 750 Revolvin Loan Fund 115,626 292 115,918 760 Police Pension Fund 20,746,138 439,625 21,185,763 `Adjustments to Revenues and Expenses for year-end have not been finalized, amounts will change. "Cash and Cash Equivalents Page 9 of 9 McHenry, IL Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: 1110 GREEN LLC 1110 GREEN LLC 290-00-6940 1/2 2015 TIF INCREMENT INV0002674 09/19/2016 27,131.21 Vendor 1110 GREEN LLC Total: 270131.21 Vendor: ALPHA BUILDING MAINTENANCE SERVICE INC ALPHA BUILDING 400-00-5200 SEPTJANITORIAL SERVICES 17018mc 09/19/2016 2,080.00 Vendor ALPHA BUILDING MAINTENANCE SERVICE INCTotal: 21080,00 Vendor: AMERICAN RED CROSS AMERICAN RED CROSS 100-47-5430 ARC/CPRTRAINING 10475289 09/19/2016 27.00 Vendor AMERICAN RED CROSS Total: 27A0 Vendor: ARIES INDUSTRIES INC ARIES INDUSTRIES INC 510-35-6110 SUPPLIES 358304 09/19/2016 61.37 Vendor ARIES INDUSTRIES INC Total: 61.37 Vendor: AT&T AT&T 100-22-5320 ALARM CIRCUITS 8/5/16-9/4/16 09/19/2016 114.37 AT&T 100-33-5515 ALARM CIRCUITS 8/5/16-9/4/16 09/19/2016 114.37 AT&T 100-43-5320 ALARM CIRCUITS 8/5/16-9/4/16 09/19/2016 110.49 AT&T 100-45-5320 ALARM CIRCUITS 8/5/16-9/4/16 09/19/2016 55.68 AT&T 100-46-5320 ALARM CIRCUITS 8/5/16-9/4/16 09/19/2016 55.68 AT&T 100-01-5320 CENTREX LINES 9/4/16-10/3/16 09/19/2016 451,97 AT&T 100-02-5320 CENTREX LINES 9/4/16-10/3/16 09/19/2016 56.02 AT&T 100-22-5320 CENTREX LINES 9/4/16-10/3/16 09/19/2016 712.69 AT&T 100-30-5320 CENTREX LINES 9/4/16-10/3/16 09/19/2016 56.02 AT&T 100-33-5320 CENTREX LINES 9/4/16-10/3/16 09/19/2016 176.31 AT&T 100-41-5320 CENTREX LINES 9/4/16-10/3/16 09/19/2016 112.05 AT&T 100-42-5320 CENTREX LINES 9/4/16-10/3/16 09/19/2016 57.62 AT&T 10043-5320 CENTREX LINES 9/4/16-10/3/16 09/19/2016 56.02 AT&T 100-44-5320 CENTREX LINES 9/4/16-10/3/16 09/19/2016 112.05 AT&T 100-45-5320 CENTREX LINES 9/4/16-10/3/16 09/19/2016 186.93 AT&T 620-00-5110 CENTREX LINES 9/4/16-10/3/16 09/19/2016 64.95 AT&T 510-31-5320 CENTREX LINES 9/4-10/3/16 09/19/2016 336.13 AT&T 510-32-5320 CENTREX LINES 9/4-10/3/16 09/19/2016 380.10 Vendor AT&T Total: 31209.45 Vendor: BIRK, ADRIANA BIRK, ADRIANA 100-22-4510 EMPLOYEE UNIFORM ALLOW INV0002671 09/19/2016 40.00 Vendor BIRK, ADRIANA Total: 40.00 Vendor: BLACKSTONE LANDSCAPE INC BLACKSTONE LANDSCAPE INC 100-33-5110 AUGUST MOWING SERVICES 2016-EO5827 09/19/2016 2,563.75 BLACKSTONE LANDSCAPE INC 100-41-5110 AUGUST MOWING SERVICES 2016-EO5827 09/19/2016 91183,00 BLACKSTONE LANDSCAPE INC 510-31-5110 AUGUST MOWING SERVICES 2016-EO5827A 09/19/2016 11260,00 BLACKSTONE LANDSCAPE INC 510-32-5110 AUGUST MOWING SERVICES 2016-EO5827A 09/19/2016 849.50 Vendor BLACKSTONE LANDSCAPE INC Total: 131856.25 Vendor: BRENNAN, DAN BRENNAN,DAN 100-03-5110 MOWING SERVICES 8/30/16 09/19/2016 700.00 Vendor BRENNAN, DAN Total: 700.00 Vendor: BUCHANAN, MEG BUCHANAN, MEG - 100-41-3637 PARKS & REC PROGRAM 142536 09/19/2016 60.00 Vendor BUCHANAN, MEG Total: 60.00 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 400-00-6111 CUSTODIAL SUPPLIES 55902 09/19/2016 477.66 CABAY & COMPANY INC 400-00-6111 CUSTODIAL SUPPLIES 56000 09/19/2016 445.55 9/14J2016 11:55:58 AM Expense Approval Register Packet: APPKT00581- 94946 AP CKS Vendor Name Account Number Description (Item) Payable Number Post Date Amount CABAY & COMPANY INC 400-00-6110 SUPPLIES 55824 09/19/2016 277A7 Vendor CABAY & COMPANY INCTotal: 1,200.68 Vendor, CALABRESE, TARA CALABRESE,TARA 100-47-5110 PARKS & REC PROGRAM 8/2/16-9/6/16 09/19/2016 170.63 Vendor CALABRESE, TARA Total: 170.63 Vendor: CAPITAL GAINS INCORPORATED CAPITALGAINS 760-00-5110 INVESTMTMGMTSERVICES 2344 09/19/2016 41942.00 Vendor CAPITAL GAINS INCORPORATED Total: 4,942.00 Vendor: CARLSON, KATHY CARLSON, KATHY 100-41-3631 PARKS & REC PROGRAM 142538 09/19/2016 129.00 Vendor CARLSON, KATHY Total: 129.00 Vendor: CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 175780 09/19/2016 90.00. CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 175929 09/19/2016 30.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 176333 09/19/2016 30.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 176434 09/19/2016 30.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 176664 09/19/2016 75.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 176724 09/19/2016 75.00 Vendor CENTEGRA OCCUPATIONAL HEALTH Total: 330.00 Vendor: CERTIFIED SERVICES INC CERTIFIED SERVICES INC 510-2200 CONTRACTUALSERVICES 2323 09/19/2016 132.OD CERTIFIEDSERVICESINC 510-31-5110 CONTRA CTUALSERVICES 2323 09/19/2016 23.95 CERTIFIED SERVICES INC 510-32-5110 CONTRACTUAL SERVICES 2323 09/19/2016 23.96 Vendor CERTIFIED SERVICES INC Total: 179.91 Vendor; CINTAS CORPORATION LOC 355 CINTAS CORPORATION LOC355 10D 33 4510 SUPPLES/CLOTHING ALLOW 8/1/16-8/31/16 09/19/2016 196.69 CINTAS CORPORATION LOC 355 100-33-6110 SUPPLES/CLOTHING ALLOW 8/1/1&8/31/16 09/19/2016 130.60 CINTAS CORPORATION LOC 355 510-35-4510 EMPLOYEE CLOTHING ALLOW 8/1-8/31/16 09/19/2016 300.85 Vendor CINTAS CORPORATION LOC 355 Total: 628.14 Vendor: CINTAS CINTAS 400-00-6130 SUPPLIES 5005888565 09/19/2016 36.66 C[NTAS 100-45-6110 SUPPLIES 5005888567 09/19/2016 51.53 Vendor CINTAS Total: 88.19 Vendor: COATS, HOWARD COATS, HOWARD 510-2200 REPLACEMTCK- INV0002672 09/19/2016 71.04 Vendor COATS, HOWARD Total: 71.04 Vendor; COM CAST CABLE COMCASTCABLE 620-00-5110 REC CENTER INTERNET 9/3/16-10/2/16 09/19/2016 124.90 COMCASTCABLE 620-00-5110 CITY HALL CABLE TV 9/8/16-10/7/16 09/19/2016 31.75 COMCASTCABLE 620-00-5110 CABLE TV & INTERNET 1415 9/12/16-10/11/16 09/19/2016 129.99 COMCAST CABLE 620-00-5110 CABLE TV & INTERNET222 9/11/16=10/10/16 09/19/2016 142.04 Vendor COMCAST CABLE Total: 428.68 Vendor: COMED COMED 510-32-5510 PUMPING FEES 7/27/16-8/25/16A 09/19/2016 57.00 Vendor COMED Total: 57.00 Vendor: COMMUNICATIONS REVOLVING FUND COMMUNICATIONS 620-00-5110 COMMUNICATION CHGS T1703229 09/19/2016 10.00 Vendor COMMUNICATIONS REVOLVING FUND Total: 10.00 Vendor: CONNOR CO CONNOR CO 100-45-6110 SUPPLIES S7036189.001 09/19/2016 69.68 Vendor CONNOR CO Total: 69.68 Vendor: CONSERV FS CONSERV FS 10045-6110 SUPPLIES 65019548 09/19/2016 758.00 Vendor CONSERV FS Total: 758.00 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY 510-32-5510 PUMPING FEES 7/25/16-8/22/16 09/19/2016 100368.71 9/14/2016 11:55:58 AM Expense Approval Register Vendor Name Account Number Description (Item) CONSTELLATION NEWENERGY 510-31-5510 PUMPING FEES CONSTELLATION NEWENERGY 510-32-5510 PUMPING FEES CONSTELLATION NEWENERGY 100-33-5520 UTILITIES CONSTELLATION NEWENERGY 100-44-5510 UTILITIES CONSTELLATION NEWENERGY 100-45-5510 UTILITIES CONSTELLATION NEWENERGY 100-46-5510 UTILITIES CONSTELLATION NEWENERGY 100-33-5520 UTILITIES Vendor: COOK, JON COOK, JON 100-41-3637 PARKS & REC PROGRAM Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 100-45-6110 CRESCENT ELECTRIC SUPPLY CO 100-45-6110 CRESCENT ELECTRIC SUPPLY CO 100-45-6110 Vendor: DELAWARE COUNTY SHERIFFS DONATION FUND DELAWARE COUNTY SHERIFFS 100-22-5430 Vendor: DELL MARKETING LP DELL MARKETING LP 620-00-6110 Vendor: DOCUMENT IMAGING DIMENSIONS INC DOCUMENT IMAGING 620-00-6210 Vendor: F-ASTO, ELIZABETH EASTO,EL(ZABETH 100-41-3636 Vendor: ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP ED'SAUTOMOTIVE/JIM'S 100-33-5370 ED'SAUTOMOTIVE/JIM'S 100-45-5370 Vendor: EXAMWORI(S INC EXAMWORKS INC 760-OD-5110 Vendor: GALLAGHER RISK MANAGEMENTSERVICES INC, GALLAGHERRISK 610-00-5960 GALLAGHER RISK 610-00-5960 Vendor: GEMPLER'S INC GEMPLER'S INC 100-45-6110 Vendor: HALOGEN SUPPLY COMPANY HALOGEN SUPPLY COMPANY 100-42-6110 Vendor: HERRMANN, MARIAN HERRMANN, MARIAN 510-2200 Vendor: ILLINOIS DEPARTMENT OF PUBLIC HEALTH ILLINOIS DEPARTMENT OF 100-22-5430 Vendor: ILLINOIS FBI NA ILLINOIS FBI NA 100-22-5430 Packet: APPKT00581- 9.19-16 AP CKS Payable Number Post Date 7/27/16-8/24/16 09/19/2016 7/27/16-8/24/16 09/19/2016 7/25/16-8/23/16 09/19/2016 7/25/16-8/23/16 09/19/2016 7/25/16-8/23/16 09/19/2016 7/25/16-8/23/16 09/19/2016 7/26/16-8/24/16 09/19/2016 Vendor CONSTELLATION NEWENERGY INC Total: 142534 09/19/2016 Vendor COOK, JON Total: CREDIT LABOR CHARGE- 5501880167.006 09/12/2016 SUPPLIES S502301221.001 09/19/2016 SUPPLIES S502514352.001 09/19/2016 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 2016PATROLSCHOOL INV0002673 09/19/2016 Vendor DELAWARE COUNTY SHERIFFS DONATION FUND Total: SUPPLIES XJXM769R6 09/19/2016 Vendor DELL MARKETING LP Total: TONER SUPPLIES 303633 09/19/2015 Vendor DOCUMENT IMAGING DIMENSIONS INC Total: PARKS &REC PROGRAM 142518 09/19/2016 Vendor EASTO, ELIZABETH Total: VEHICLE INSPECTIONS AUG 2016 09/19/2016 VEHICLE INSPECTIONS AUG 2016 09/19/2016 Vendor ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP Total: CONTRACTUALSERVICES 280-102132 09/19/2016 Vendor EXAMWORKS INCTotat: NOTARY BOND-LORCH 1871895 09/19/2016 NOTARY BOND -LUMBER 1883915 09/19/2016 Vendor GALLAGHER RISK MANAGEMENT SERVICES INC, Total: SUPPLIES S102851962 09/19/2016 VendorGEMPLER'S INC Total: SUPPLIES 00492245 09/19/2016 Vendor HALOGEN SUPPLY COMPANYTotal: REPLACEMENT CK515167FOR INV0002697 09/19/2016 Vendor HERRMANN, MARIAN Total: IDPH EMD LICENSE INV0002675 09/19/2016 Vendor ILLINOIS DEPARTMENT OF PUBLIC HEALTH Total: ILLF81 RETRAINER MEETING SEPT2016 09/19/2016 Vendor ILLINOIS FBt NA Total: Amount 10,274.84 12,233.77 21,394.42 39.14 172.15 39.24 621.33 55,143.60 70.00 -400.00 165.26 321.09 86.35 Z50.00 250.00 343.95 343.95 167.00 167.00 25.00 25.00 116.00 58.00 174.00 11600,00 1,600.00 29.00 29,00 58.00 195.95 195.95 2,073.00 2,073.00 45.82 45.$2 30.00 30.00 50.00 9/14/2016 11:55:58 AM Expense Approval Register Vendor Name Account Number Vendor:ILLINOISSWIMMING INC ILLINOIS SWIMMING INC 100-47-5410 Vendor: KIESLER'S POLICE SUPPLY iNC KIESLER'S POLICE SUPPLY INC 100-22-6110 Vendor: LES MILLS UNITED STATES TRADING INC LES MILLS UNITED STATES 400-40-5110 Vendor: LEXISNEXIS LEXISNEXIS 100-22-5110 Vendor: LUNKENHEIMER,IOHN LUNKENHEIMER, JOHN 100-47-5110 Vendor: LUNSMANN, JOAN LUNSMANN, JOAN 100-22-6210 Vendor: MCHENRY AREA TENNIS ASSOCIATION MCHENRY AREA TENNIS 100-47-5110 Vendor: MCHENRY COMMUNITY HIGH SCHOOL DIST 156 MCHENRY COMMUNITY HIGH 280-00-6970 Vendor: MCHENRY COMMUNITY SCHOOL DIST #15 MCHENRY COMMUNITY 280-00-6970 Vendor: MCHENRY COUNTY CHIEFS OF POLICE MCHENRY COUNTY CHIEFS OF 100-22-5430 Vendor: MCHENRY COUNTY DIV OF TRANSPORTATION MCHENRY COUNTY DIV OF 100-01-5110 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER 510-31-6940 MCHENRY COUNTY RECORDER 510-32-6940 Vendor: MCHENRY MARLINS AQUATIC CLUB MCHENRY MARLINS AQUATIC 100-47-5410 Vendor: MCHENRY PUBLIC LIBRARY MCHENRY PUBLIC LIBRARY 280-00-6980 Vendor: MCHENRYTOWNSHIP FIRE PROTECTION DIST MCHENRY TOWNSHIP FIRE 280-00-6990 Vendor: MIDCO M I DCO 620-00-5110 M I DCO 100-04-6110 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 100-41-5330 9/14/2016 11:55:58 AM Description (Item, Payable Number MMACYEARMEMBERSHIPFEE INV0002676 SUPPLIES 0795968 Packet: APPKT00581-949-16 AP CKS Post Date 09/19/2016 Vendor ILLINOIS SWIMMING INCTotal: 09/19/2016 Vendor KIESLER'S POLICE SUPPLY INCTotal: BODY PUMP MONTHLY FEE SIV340966 09/19/2016 Vendor LES MILLS UNITED STATES TRADING INCTotal: REAL TIME PHONE SEARCHES 20160831 09/19/2016 Vendor LEXISNEXIS Total: PARKS & REC PROGRAM 7/25/16-7/29/16 09/19/2016 Vendor LUNKENHEIMER, JOHN Total: REIMB CLASSROOM SUPPLIES INV0002677 09/19/2016 Vendor LUNSMANN, JOAN Total: PARKS & REC PROGRAM 9/2/16 09/19/2016 Vendor MCHENRY AREA TENNIS ASSOCIATION Total: DEVELOP DONATFEESIAN 16- INV0002678 09/19/2016 Vendor MCHENRY COMMUNITY HIGH SCHOOL DIST 156 Total: DEVELOPDONATFEES-JAN INV0002681 09/19/2016 Vendor MCHENRY COMMUNITY SCHOOL DIST #15 Total: MONTHLY LUNCHEON MTG SEPT2016 09/19J2016 Vendor MCHENRY COUNTY CHIEFS OF POLICE Total: AUG2016-MUNICIPAL SHARE 2-18 09/19/2016 Vendor MCHENRY COUNTY DIV OF TRANSPORTATION Total: RECORDING FEES AUG 2016 09/19/2016 RECORDING FEES AUG 2016 09/19/2016 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: 2016-17 NIWCS CONF DUES MH2O16 09/19/2016 Vendor MCHENRY MARLINS AQUATIC CLUB Total: DEV DONAT FEES -1AN 16 - INV0002679 09/19/2016 Vendor MCHENRY PUBLIC LIBRARYTotal: DEVELOP DONAT FEES -JAN 16 INV0002680 09J19/2016 Vendor MCHENRY TOWNSHIP FIRE PROTECTION DIST Total: ADD'L PHONE 308108 09/19/2016 HEADSET BUNDLE 308110 09/19/2016 Vendor MIDCO Total: PICNIC PERMIT CARDS 86815 09/19/2016 Vendor MINUTEMAN PRESS OF MCH Total: Amount 250.00 250.00 1,337.96 1,337.96 197.00 197.00 113.50 113.50 88.13 88A3 14.62 14.62 204.00 204.00 4,721.50 4,721s0 8,768.50 8,768.50 45.00 45.00 2,946.08 2,946.08 80.00 80.00 160.00 400.00 400.00 3,470.00 3,470.00 14,574.00 14,574.00 2Z4.24 291.40 515.64 Expense Approval Register Packet: APPKT00581- 9.1946 AP CKS Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: MJW POM & CHEER MJW POM & CHEER 100-41-3634 PARKS & REC PROGRAM 140468 09/19/2016 125.00 Vendor MJW POM & CHEER Total: 125.00 Vendor: MNJ TECHNOLOGIES DIRECT INC MNJ TECHNOLOGIES DIRECT 620-00-6270 COMPUTERS 0003472247P 09/19/2016 191236.75 Vendor MNJ TECHNOLOGIES DIRECT INC Total: 19,236.75 Vendor: MULCH CENTER, THE MULCH CENTER, THE 100-45-6110 SUPPLIES 17992 09/19/2016 11400.00 Vendor MULCH CENTER, THE Total: 1,400.00 Vendor: NAPA AUTO PARTS MPEC NAPA AUTO PARTS MPEC 100-03-5370 SUPPLES/REPAIRS AUG 2016 09/19/2016 156.42 NAPA AUTO PARTS MPEC 100-22-5370 SUPPLES/REPAIRS AUG 2016 09/19/2016 541.52 NAPA AUTO PARTS MPEC 100-33-5370 SUPPLES/REPAIRS AUG 2016 09/19/2016 11253.50 NAPA AUTO PARTS MPEC 100-41-5370 SUPPLES/REPAIRS AUG 2016 09/19/2016 102A7 NAPA AUTO PARTS MPEC 100-45-5370 SUPPLES/REPAIRS AUG 2016 09/19/2016 84.00 NAPA AUTO PARTS MPEC 510-31-5370 SUPPLIES/REPAIRS AUG 2016A 09/19/2016 197.14 NAPA AUTO PARTS MPEC 510-32-5370 SUPPLIES/REPAIRS AUG 2016A 09/19/2016 379.81 NAPA AUTO PARTS MPEC 510-35-5370 SUPPLIES/REPAIRS AUG 2016A 09/19/2016 270.07 Vendor NAPA AUTO PARTS MPEC Total: 21984.93 Vendor: NEUMANN JR, EDWARD J NEUMANN JR, EDWARDJ 740-00-6960 OCT 2016 PARKING LOT INV0002684 09/19/2016 500.00 Vendor NEUMANN JR, EDWARD J Total: S00.00 Vendor: NICOR GAS NICOR GAS 100-45-5510 UTILITIES 4/18/16-8/18/16 09/19/2016 7.73 NICOR GAS 510-31-5510 UTILITIES 7/19/16-8/17/16 09/19/2016 28.69 Vendor NICOR GAS Total: 36.42 Vendor: PATNAUDE, NANNETTE PATNAUDE, NANNETTE 100-41-3636 PARKS & REC PROGRAM 142346 09/19/2016 49.00 PATNAUDE, NANNETTE 100-41-3631 PARKS & REC PROGRAM 142532 09/19/2016 129.00 Vendor PATNAUDE, NANNETTE Total: 178.00 Vendor: PETROLIANCE LLC PETROLIANCE LLC 100-03-6210 VEHICLE FUEL 9848293 09/19/2016 55.27 PETROLIANCE LLC 100-45-6250 VEHICLE FUEL 9848296 09/19/2016 270.83 PETROLIANCE LLC 100-03-6250 VEHICLE FUEL 9851964 09/19/2016 27.60 PETROLIANCE LLC 100-45-6250 VEHICLE FUEL 9851967 09/19/2016 162.61 Vendor PETROLIANCE LLC Total: 516.31 Vendor: PITEL SEPTIC INC PITEL SEPTIC INC 100-45-5110 PORTABLE TOILET RENTAL 13222 09/19/2016 750.00 Vendor PITEL SEPTIC INC Total: 750.00 Vendor: PROFESSIONAL LAW ENFORCEMENT TRAINING PROFESSIONAL LAW 100-22-5430 TRAINING/INVESTIGATION INV0002685 09/19/2016 189.00 Vendor PROFESSIONAL LAW ENFORCEMENT TRAINING Total: 189.00 Vendor: REGNER, WILLIAM J REGNER, WILLIAM J 100-034510 REIMB SAFETY BOOTS INV0002686 09/19/2016 76,49 REGNER, WILLIAMJ 100-03-6110 REIMB SUPPLIES INV0002698 09/19/2016 16,99 Vendor REGNER, WILLIAM J Total: 93.48 Vendor: REICHE, CANDI REICHE, CANDI 400-00-3642 PARKS & REC PROGRAM 142524 09/19/2016 200.00 Vendor REICHE, CANDI Total: 200.00 Vendor: REINDERS INC REINDERS INC 100-45-5370 REPAIRS 1648620-01 09/19/2016 92.89 REINDERS INC 100-45-5370 MOWER; BALLFIELD MACHINE 1652199-00 09/19/2016 254.14 Vendor REINDERS INCTotal: 347.03 Vendor, :RESERVE ACCOUNT RESERVE ACCOUNT 100-01-5310 POSTAGE FOR MAILING INV0002687 09/19/2016 17,07 RESERVE ACCOUNT 100-02-5310 POSTAGE FOR MAILING INV0002687 09/19/2016 9.23 9/14/2016 11;55:58 AM Expense Approval Register Packet: APPKT00581- 94946 AP CKS Vendor Name Account Number Description (Item) Payable Number Post Date Amount RESERVE ACCOUNT 100-03-5310 POSTAGE FOR MAILING INV0002687 09/19/2016 64.15 RESERVE ACCOUNT 100-04-5310 POSTAGE FOR MAILING INV0002687 09/19/2016 200.05 RESERVE ACCOUNT 100-22-5310 POSTAGE FOR MAILING INV0002687 09/19/2016 177.92 RESERVE ACCOUNT 100-30-5310 POSTAGE FOR MAILING INVO002687 09/19/2016 5.29 RESERVE ACCOUNT 100-41-5310 POSTAGE FOR MAILING INV0002687 09/19/2016 68.23 RESERVEACCOUNT 510-31-5310 POSTAGE FOR MAILING INV0002688 09/19/2016 225.74 RESERVE ACCOUNT 510-32-5310 POSTAGE FOR MAILING INV0002688 09/19/2016 12.24 Vendor RESERVE ACCOUNT Total: 779.92 Vendor: RIVERSIDE BAKE SHOP RIVERSIDE BAKE SHOP 100-01-6940 MEETING SUPPLIES 8/25/16 09/19/2016 32.42 Vendor RIVERSIDE BAKE SHOP Total: 32.42 Vendor: S&S WORLDWIDE INC S&S WORLDWIDE INC 100-4&6920 SPECIAL EVENTSUPPLIES 9272422 09/19/2016 91.94 Vendor S&S WORLDWIDE INCTotal: 91.94 Vendor: SAM'S CLUB SAM'S CLUB 100-44-6110 CONCESSION SUPPLIES 8/9/16 09/19/2016 39.88 Vendor SAM'S CLUB Total: 39.88 Vendor: SASAK, TODD SASAK, TODD 510-35-5430 REPLACEMT WATER/SEWER INV0002689 09/19/2016 60.00 Vendor SASAK, TODD Total: 60.00 Vendor: SCHAID, JIM SCHAID, JIM 510-2200 REPLACEMT CK 515791 FOR INVO002699 09/19/2016 23.17 Vendor SCHAID, JIM Total: 23.17 Vendor: SCHMITT, MATTHEW SCHMITT,MATTHEW 100-22-5420 REIMB TRAVEL EXP INV0002690 09/19/2016 8.00 Vendor SCHMITT, MATTHEW Total: SAO Vendor: SCHOPEN PEST SOLUTIONS INC SCHOPEN PEST SOLUTIONS INC 100-01-5110 QRTLY PEST CONTROL 55825 09/19/2016 87.00 SCHOPENPESTSOLUTIONS INC 10045-5110 QRTLY PEST CONTROL 55825 09/19/2016 90.00 Vendor SCHOPEN PEST SOLUTIONS INCTotal: 177.00 Vendor: SEMROW JR, HARRY H SEMROW JR. HARRY H 100-03-6210 ADM AD1 HRGS AUG 2016 AUG 2016 09/19/2016 48.75 SEMROW JR, HARRY H 100-22-6210 ADM ADJ HRGS AUG 2016 AUG 2016 09/19/2016 438.75 Vendor SEMROW JR, HARRY H Total: 487.50 Vendor: SPRING LAKE SAND & GRAVEL SPRING LAKE SAND & GRAVEL 10045-6110 MATERIALS 25719 09/19/2016 516,89 Vendor SPRING LAKE SAND & GRAVELTotal: 516.89 Vendor: STANS LPS MIDWEST STANS LPS MIDWEST 620-00-6210 PD/RECORDS COPIER METER 322085 09/19/2016 72.69 STANS LPS MIDWEST 100-03-5110 CED COPY METER READ 322447 09/19/2016 236.61 STANS LPS MIDWEST 620-00-6210 ADMIN COPY METER READ 322478 09/19/2016 288.11 STANS LPS MIDWEST 620-OD-5110 IT/NETWORK MANAGED 322322 09/19/2016 1,672.00 Vendor STANS LPS MIDWEST Total: 2,269.41 Vendor: STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS 100-00-6210 SUPPLIES 8040763806 09/19/2016 -11305.64 STAPLES BUSINESS 100-OD-6210 SUPPLIES 8040763806 09/19/2016 155,65 STAPLES BUSINESS 100-03-6210 SUPPLIES 8040763806 09/19/2016 3.99 STAPLES BUSINESS 100-03-6210 SUPPLIES 8040763806 09/19/2016 83.75 STAPLES BUSINESS 100-04-6210 SUPPLIES 8040763806 09/19/2016 473.28 STAPLES BUSINESS 100-22-6210 SUPPLIES 8040763806 09/19/2016 518.34 STAPLES BUSINESS 100-30-6210 SUPPLIES 8040763806 09/19/2016 60.96 STAPLES BUSINESS 100-33-6210 SUPPLIES 8040763806 09/19/2016 117,51 STAPLES BUSINESS 100-41-6210 SUPPLIES 8040763806 09/19/2016 40.98 STAPLES BUSINESS 510-31-6210 SUPPLIES 8040763806A 09/19/2016 10.82 Vendor STAPLES BUSINESS ADVANTAGE Total: 159.64 9/14/2D16 11:55:58 AM Expense Approval Register Vendor Name Account Number Vendor; STUCKEY CONSTRUCTION STUCKEY CONSTRUCTION 440-00-8200 Vendor: TEAMUNIFY LLC TEAMUNIFY LLC 100-47-5410 Vendor: TEMPLE DISPLAY LTD TEMPLE DISPLAY LTD 100-45-6110 Vendor: TOMASZEWSKI, DONNA TOMASZEWSKI, DONNA 100-41-3637 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 100-01-5110 US BANK EQUIPMENT FINANCE 100-22-5110 US BANK EQUIPMENT FINANCE 100-33-5110 US BANK EQUIPMENT FINANCE 510-31-5110 US BANK EQUIPMENT FINANCE 510-32-5110 US BANK EQUIPMENT FINANCE 510-35-5110 US BANK EQUIPMENT FINANCE 100-03-5110 Vendor: VERIZON WIRELESS VERIZON WIRELESS 100-01-5320 VERIZON WIRELESS 100-03-5320 VERIZON WIRELESS 100-22-5320 VERIZON WIRELESS 100-30-5320 VERIZON WIRELESS 100-33-5320 VERIZON WIRELESS 100-41-5320 VERIZON WIRELESS 100-45-5320 VERIZON WIRELESS 10046-5320 VERIZON WIRELESS 620-00-5320 VERIZON WIRELESS 510-31-5320 VERIZON WIRELESS 510-32-5320 VERIZON WIRELESS 510-35-5320 VERIZON WIRELESS 510-31-5320 VERIZON WIRELESS 510-32-5320 VERIZON WIRELESS 100-33-5320 VERIZON WIRELESS 620-00-5110 Vendor: VERMONT SYSTEMS INC VERMONTSYSTEMS INC 620-00-5110 Vendor: WASTE MANAGEMENT OF WI -MN WASTE MANAGEMENTOF WI- 510-32-5580 Vendor: WILLIAMS, DEANNA WILLIAMS, DEANNA 100-47-5430 Vendor: WOODSTOCK POWERSPORTS WOODSTOCKPOWERSPORTS 100-22-5370 WOODSTOCKPOWERSPORTS 100-22-5370 Packet: APPKTOD581- 9-19.16 AP CKS Description (Item) Payable Number Post Date Amount MCHENRY PD 911 & ADMIN N0. 1 09/19/2016 Vendor STUCKEY CONSTRUCTION Total: ANNUAL FEE FOR MARLINS TUBILL-MD1162672-169 09/19/2016 Vendor TEAMUN IFY LLC Total: 8,908.20 8,908.20 1,099.00 1,099.00 SUPPLIES 15309 09/19/2016 470.93 Vendor TEMPLE DISPLAY LTD Total: 470.93 PARKS & REC PROGRAM 140637 09/19/2016 20.00 Vendor TOMASZEWSKI, DONNA Total: 20.00 CONTRACT 500=0389299 #32 INV0002692 09/19/2016 311.00 CONTRACT 500-0401564 #28 INV0002693 09/19/2016 225.00 CONTRACT 500-0361445 #41 INV0002694 09/19/2016 73.00 CONTRACT 500-0361445 #41 INV0002695 09/19/2016 73.00 CONTRACT 500-0361445 #41 INV0002695 09/19/2016 73.00 CONTRACT 500-0361445 #41 I NV0002695 09/19/2016 73,00 CONTRACT 500-0302031 INV0002696 09/19/2016 135.00 Vendor US BANK EQUIPMENT FINANCE Total: 963.00 CELL PHONE USAGE 8/4/16-9/3/16 09/19/2016 49.30 CELL PHONE USAGE 8/4/16-9/3/16 09/19/2016 133.10 CELL PHONE USAGE 8/4/16-9/3/16 09/19/2016 1,146.73 CELL PHONE USAGE 8/4/16-9/3/16 09/19/2016 54.66 CELL PHONE USAGE 8/4/16-9/3/16 09/19/2016 125.16 CELL PHONE USAGE 8/4/16-9/3/16 09/19/2016 4.30 CELL PHONE USAGE 8/4/16-9/3/16 09/19/2016 3SAD CELL PHONE USAGE 8/4/16-9/3/16 09/19/2016 1.45 CELL PHONE USAGE 8/4/16-9/3/16 09/19/2016 41.06 CELL PHONE USAGE 8/4/16-9/3/16A 09/19/2016 55.67 CELL PHONE USAGE 8/4/16-9/3/16A 09/19/2016 24.58 CELL PHONE USAGE 8/4/16-9/3/16A 09/19/2016 76.02 CELL PHONE USAGE 8/4/16-9/3/16B 09/19/2016 126.6S CELL PHONE USAGE 8/4/16-9/3/16B 09/19/2016 25.82 CELL PHONE USAGE 9/4/16-10/3/16 09/19/2016 25.82 WIRELESS PD LAPTOP 9771385056 09/19/2016 38.01 Vendor VERIZON WIRELESS Total: 1,963.73 W EBTRAC 51222 09/19/2016 750.00 Vendor VERMONT SYSTEMS INC Total: 750.00 SLUDGE REMOVAL 0030681-2742-6 .09/19/2016 Vendor WASTE MANAGEMENT OF WI -MN Total: GEARSHIFT 4301 09/19/2016 CREDIT MEMO 4301A 09/19/2016 Vendor WOODSTOCK POWERSPORTS Total: Grand Total: 10630.81 25.00 25.00 219.99 -5.19 214.80 210,616.99 9/14/2016 11:55:58 AM ExpenseApproval Register no Summary Fund 0- GENERAL FUND 280 - DEVELOPER DONATION FUND 290-TIF FUND 400 -RECREATION CENTER FUND 440-CAPITALIMPROVEMENTS FUND 510- WATER/SEWER FUND 610 - RISK MANAGEMENT FUND 620 - INFORMATION TECHNOLOGY FUND 740 -RETAINED PERSONNEL ESCROW 760 - POLICE PENSION FUND Expense Amount 59,946.53 31,534.00 27,131.21 3,714.34 81908,20 48,945.27 58.00 23,337.44 500.00 6,542.00 Grand Total: ~ 210,616.99 Packet: APPKT00581- 949-16 AP CKS Vendor Name McHenry, IL Account Number Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, RA 510-35-5370 ADAMS ENTERPRISES INC, RA 100-33-5370 ADAMS ENTERPRISES INC, RA 100-33-5370 Vendor: ADAMS STEE! SERVICE INC ADAMS STEEL SERVICE INC 100-33-5370 Vendor: AFTERMATH INC AFTERMATH INC 100-22-5110 Vendor: ARIES INDUSTRIES INC ARIES INDUSTRIES INC 510-35-6110 Vendor: B&W CONTROLSYSTEMS INTEGRATION B&W CONTROL SYSTEMS 510-31-5110 Vendor: BAILER & SON CO, PETER BAICER & SON CO, PETER 100-33-6110 Vendor: BONNElL INDUSTRIES INC BONNELL INDUSTRIES INC 100-33-5370 Vendor: BUSS FORD SALES BUSS FORD SALES 100-22-5370 Vendor: CENTURY SPRINGS CENTURY SPRINGS 510-32-6110 CENTURYSPRINGS 510-32-6110 CENTURYSPRINGS 510-32-6110 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 9/14/2016 11:58:59 AM Description (Item) strobes cable tail gate steel BIO-HAZARD CLEANUP Camera Repair Misc control worl<- surface N70 rec. vendor switches sensors Lab water 5 gal Distilled water Distilled Water Expense Approval Register #2 LIST OF BILLS COUNCIL MEETING 9/19/16 Payable Number Post Date Amount 786031 09/19/2016 786217 09/19/2016 786573 09/19/2016 Vendor ADAMS ENTERPRISES INC, R ATotal: 335136 09/19/2016 Vendor ADAMS STEEL SERVICE INC Total: jc2016-6180 09/19/2016 Vendor AFTERMATH INC Total: 360261 09/19/2016 Vendor ARIES INDUSTRIES INC Total: 0187648 09/19/2016 Vendor B&W CONTROL SYSTEMS INTEGRATION Total: 12908 09/19/2016 Vendor BAKER & SON CO, PETER Total: 0169345-IN 09/19/2016 Vendor BONNELL INDUSTRIES INC Total: 50227821 09/19/2016 Vendor BUSS FORD SALES Total: 2646382 09/19/2016 2653464 09/19/2016 3641436 09/19/2016 Vendor CENTURY SPRINGS Total: DUMP ASPHALT #10387 11341 ASPHALT DUMP #10673 11401 09/19/2016 09/19/2016 09/19/2016 09/19/2016 09/19/2016 09/19/2016 09/19/2016 09/19/2016 09/19/2016 09/19/2016 09/19/2016 09/19/2016 09/19/2016 09/19/2016 09/19/2016 09/1 V2016 09/1 V2016 09/19/2016 162,63 50.44 1,959.00 2,172.07 42.03 42.03 105.00 105.00 272.11 272.11 1,758.91 1,758.91 282.24 282.24 78.22 78.22 454.49 454.49 32.00 24.25 8.75 65.00 60.00 30.00 30.00 30.00 123.76 287,55 198.45 294.32 180.90 368.55 481.00 50.40 157.50 359.55 375.30 375.75 341.64 392.85 Expense Approval Register Packet: APPKT00584 - 94946 rect invoice Vendor Name Account Number Description (Item) Payable Number Post Date Amount CURRAN CONTRACTING 100-33-6110 1\150surface-modified. vendor 11477E 09/19/2016 421.72 Vendor CURRAN CONTRACTING COMPANY Total: 4,559.24 Vendor: CUTTING EDGE COMMUNICATIONS INC CUTTING EDGE 100-22-6110 PRINTABLE KEYS 4899 09/19/2016 262.50 Vendor CUTTING EDGE COMMUNICATIONS INCTotai: 262.50 Vendor: DOJE'S FORENSIC SUPPLIES DOJE'S FORENSIC SUPPLIES 100-22-6210 INVESTIGATIVE SUPPLIES 20421 09/19/2016 23.51 Vendor DOJE'S FORENSIC SUPPLIES Total: 23.51 Vendor: ED'S RENTAL & SALES INC ED'S RENTAL&SALES INC 100-33-5370 propane 178147-1 09/19/2016 27.91 Vendor ED'S RENTAL & SALES INC Total: 27.91 Vendor: FAST EDDIES CAR WASH FAST EDDIES CAR WASH 100-22-5370 DETAIL SEIZED VEH ICLE 8/23/16 09/19/2016 110.00 FAST EDDIES CAR WASH 100-22-5370 CAR WASHES DUNE-AUG 2016 09/19/2016 149.65 Vendor FAST EDDIES CAR WASH Total: 259.65 Vendor: FASTENAL FASTENAL 510-32-6110 Misc concret anchors ILMCH19460 09/19/2016 120.19 FASTENAL 510-32-6110 Threaded Rod ilmch19477 09/19/2016 54.12 Vendor FASTENAL Total: 174.31 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 100-33-6110 READY MIX #099014 7112 09/19/2016 11165.44 FISCHER BROS FRESH 100-33-6110 READY MIX #099111 7157 09/19/2016 892.50 FISCHER BROS FRESH 100-33-6110 READY MIX #099147 7179 09/19/2016 986.50 Vendor FISCHER BROS FRESH Total: %044.44 Vendor: FOX WATERWAY AGENCY FOX WATERWAY AGENCY 100-33-6110 pulverized topsoil. vendor 180-IN 09/19/2016 30.00 FOX WATERWAY AGENCY 100-33-6110 pulverized black dirt, vendor 180-]NA 09/19/2016 50.00 FOX WATERWAY AGENCY 100-33-6110 pulverized topsoil. vendor 180-1NB 09/19/2016 40,00 FOX WATERWAY AGENCY 100-33-6110 pulverized topsoil. vendor 180-INC 09/19/2016 50.00 FOX WATERWAY AGENCY 100-33-6110 pulverized topsoil. vendor 1804ND 09/19/2016 30.00 FOX WATERWAY AGENCY 100-33-6110 pulverized topsoil, vendor 180-INE 09/19/2016 50.00 FOX WATERWAY AGENCY 100-33-6110 pulverized topsoil. vendor 180-INF 09/19/2016 50.00 FOX WATERWAY AGENCY 100-33-6110 pulverized topsoil. vendor 180-1NG 09/19/2016 50.00 FOX WATERWAY AGENCY 100-33-6110 pulverized topsoil. vendor 180-INH 09/19/2016 50.00 FOX WATERWAY AGENCY 100-33-6110 pulverized topsoil. vendor 180-INI 09/19/2016 50.00 FOX WATERWAY AGENCY 100-33-6110 pulverized topsoil. vendor 180-11V1 09/19/2016 30.00 FOX WATERWAY AGENCY 100-33-6110 pulverized topsoil. vendor 180-INL 09/19/2016 40,00 FOX WATERWAY AGENCY 100-33-6110 pulverized topsoil. vendor 180-INM 09/19/2016 30.00 FOX WATERWAY AGENCY 100-33-6110 pulverized topsoil. vendor 18-INK 09/19/2016 30.00 Vendor FOX WATERWAYAGENCY Total: 580.00 Vendor: FOXCROFT MEADOWS INC FOXCROFT MEADOWS INC 100-33-6110 straw matt,seed,staples. 51065 09/19/2016 789.00 Vendor FOXCROFT MEADOWS INC Total: 789.00 Vendor: GROVE DC ELECTRIC INC GROVE DC ELECTRIC INC 100-33-5370 rebuilt alt. 87374 09/19/2016 180.00 GROVE DC ELECTRIC INC 100-33-5370 alt 87398 09/19/2016 165.00 Vendor GROVE DC ELECTRIC INC Total: 345.00 Vendor: HAWKINS INC HAWKINS INC 510-31-6110 Treatment Chemicals 394636ORI 09/19/2016 3,111.07 HAWKINS INC 510-32-6110 chlorine cylinders 3946362RI 09/19/2016 507.15 Vendor HAWKINS INC Total: 3,618.22 Vendor: HYDRA -STOP INC HYDRA -STOP INC 510-35-6110 Alignmentgauge 29413 09/19/2016 318.00 Vendor HYDRA -STOP INC Total: 318.00 9/14/2016 11:58:59 AM Expense Approval Register Vendor Name Account Number Description (Item) Vendor: INTERSTATE ALL BATTERY CENTER INTERSTATE ALL BATTERY 510-32-6110 18V Batteries for Milwaukee Vendor: JPMORGAN CHASE BANK NA JPMORGAN CHASE BANK NA 100-22-5110 SUBPOENA DOCUMENTS Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 100-22-5370 stock KIMBALL MIDWEST 100-33-5370 stock KIMBALLMIDWEST 100-33-5370 stock Vendor: LAFARGE NORTH AMERICA LAFARGE NORTH AMERICA 100-33-6110 CM-11 wash stone. vendor LAFARGE NORTH AMERICA 100-33-6110 CM-11 wash stone. vendor LAFARGE NORTH AMERICA 100-33-6110 CM-11 wash stone. vendor Vendor: LANG AUTO GROUP, GARY LANG AUTO GROUP, GARY 100-33-5370 arm Vendor: LIONHEART LIONHEART 510-32-5375 SW WTP-Generator Repair Vendor: MARKS TREE SERVICE &SNOW PLOWING CORP MARKS TREE SERVICE &SNOW 100-30-6950 Tree Removals Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 100-33-6110 CONCRETE SAW BLADE Vendor: MCHENRY ANALYTICAL WATER LABORATORY INC MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-31-5110 MCHENRY ANALYTICAL WATER 510-32-6110 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 100-33-6110 MID AMERICAN WATER OF 100-33-6110 Vendor: MIDWEST METER INC MIDWEST METER iNC 510-31-6110 MIDWESTMETERINC 510-31-6110 Vendor: NETWORKFLEET INC NETWORKFLEET INC 100-33-6110 Vendor: PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC 9/14/Z016 11:58:59 AM Packet, APPKT00S84 - 94946 rect invoice Payable Number Post Date Amount po01794 09/19/2016 130660 Vendor INTERSTATE ALL BATTERY CENTER Total: 130.60 CASE ID: SB761929-11 09/19/2016 141.80 Vendor JPMORGAN CHASE BANK NA Total: 141.80 5098109 09/19/2016 327.79 5112525 09/19/2016 32111 5123782 09/19/2016 315,08 Vendor KIMBALL MIDWEST Total: 964.98 706423008 09/19/2016 80.87 706409848, 09/19/2016 112,73 706409848A 09/19/2016 7390 Vendor LAFARGE NORTH AMERICA Total: 267.50 50051251 09/19/2016 32.16 Vendor LANG AUTO GROUP, GARY Total: 32916 2074472 09/19/2016 628.31 Vendor LIONHEART Total; 628.31 9/8/16 09/19/2016 6,500.00 Vendor MARKS TREE SERVICE & SNOW PLOWING CORP Total: 6,500.00 11041728 09/19/2016 75.D0 Vendor MCCANN INDUSTRIES INCTotal: 75.00 Total Nitrogen Test-SWWTP 591577 09/19/2016 total nitrogen testing 591674 09/19/2016 MonthlySamples- 1604345 09/19/2016 Total nitrogen testing 591783 09/19/2016 Vendor MCHENRYANALYTICAL WATER LABORATORY INCTotal: 10" culvert pipe. vendor 17904OW 09/19/2016 12" culvert pipe, and band. 179072W 09/19/2016 Vendor MID AMERICAN WATER OF WAUCONDA INCTotal: 1-3" Compound, 24' 0081483dN 09/19/2016 1-3" Compound, 24' 0081561-IN 09/19/2016 Vendor MIDWEST METER INC Total: GPStrucics OSV000000468919 09/19/2016 Vendor NETWORKFLEET INCTotal: 60.00 60.00 390.00 60.00 570.00 525.60 651.60 1,177.20 21520,50 7,60030 10,121.20 510-35-6250 fuel 9848269 9848269 09/19/2016 75.43 510-32-6250 fue19848294 9848294 09/19/2016 294.23 510-31-6250 Fue19848295 9848295 09/19/2016 132.07 100-33-6250 fuel 9848297 9848297 09/19/2016 635.61 100-22-6250 SQUAD CAR FUEL 9848298 09/19/2016 1179S.S8 510-35-6250 fuel9851947 9851947 09/19/2016 320,80 510-32-6250 fuel 9951965 9851965 09/19/2016 107.14 510-31-6250 fuel9851966 9851966 09/19/2016 47.85 100-33-6250 33 9851968 09/19/2016 66,27 Expense Approval Register Vendor Name Account Number PETROLIANCE LLC 100-22-6250 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 100-22-4510 PETTIBONE & CO, P F 100-22-6110 PETFIBONE & CO, P F 100-23-4510 PETTIBONE & CO, P F 100-23-6110 Vendor: PROSHRED SECURITY PROSHRED SECURITY 100-22-5110 Vendor: RADtCOM INC RADICOM INC 100-23-6110 Vendor: RED WING SHOE STORE RED WING SHOE STORE 100-33-4510 RED WING SHOE STORE 100-33-6110 RED WING SHOE STORE 510-35-4510 Vendor: ROC CONSTRUCTIONSOPPLY ROC CONSTRUCTION SUPPLY 100-33-6110 Vendor: THELEN MATERIALS LLC THELEN MATERIALS LLC 100-33-6110 THELEN MATERIALS LLC 510-32-6110 Vendor: TRAFFIC CONTROL &PROTECTION lNC TRAFFIC CONTROL& 10D-33-6110 TRAFFIC CONTROL & 100-33-6110 Vendor: ULINE ULINE 510-32-6110 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 450-00-8400 ULTRA STROBE 450-00-8400 ULTRASTROBE 100-22-5370 Vendor: VIKING CHEMICAL COMPANY VIKING CHEMICAL COMPANY 510-32-6110 9f14/2016 11:58:59 AM Description (Item) SQUAD CAR FUEL Payable Number 9851969 Z. PIEKARSKI UNIFORM 170545 BADGES 170604 UNIFORM ITEMS -DISPATCHERS 170610 [NITIALISSUE DISPATCH 170611 SHRED DOCUMENTS 990015963 REPROGRAM RADIOS 102521 Work boots Jason McMahon 000000001-740 6" black, 971. vendorticket# 1-740A ToddSasakBoat Allowance 1-740B green and pink paint 12217 24599 Packet: APPKT00584 - 9-1946 rect invoice Post Date Amount 09/19/2016 338.28 Vendor PETROLIANCE LLC Total: 3,813.26 09/19/2016 16.00 09/19/2016 489.70 09/19/2016 227.00 09/19/2016 507.50 Vendor PETTIBONE & CO, P F Total: 1,240.20 09/19/2016 Vendor PROSHRED SECURITY Total: 09/19/2016 Vendor RADICOM INC Total: 09/19/2016 09/19/2016 09/19/2016 Vendor RED WING SHOE STORE Total: 09/19/2016 Vendor ROC CONSTRUCTION SUPPLY Total: grade#9, vendorticket# 339059 09/19/2016 Gravet-CWWTP 39057 09/19/2016 Vendor THELEN MATERIALS LLC Total: street signs-Dale&High st 87652 09/19/2016 street signs 87653 09/19/2016 Vendor TRAFFIC CONTROL & PROTECTION INC Total: Lab gloves/work gloves 79777025 09/19/2016 Vendor ULINE Total: EQUIP NEW SQUAD 071513 09/19/2016 EQUIP NEW SQUADS 071531 09/19/2016 EXPLOREREQUIPMENT 071559 09/19/2016 Vendor ULTRA STROBE COMMUNICATIONS INCTotal: 53.00 172.50 172.50 166.49 150.00 193,49 Lq�F14:F3 95.76 95.76 108.00 75.60 183.fi0 183.05 80.70 263.75 441.37 441.37 261.85 1,881.06 100.00 2,242.91 sodium thiosulfate 36554 09/19/2016 2,774.92 Vendor VIKING CHEMICAL COMPANYTotal: 2,774.92 Grand Total: 51,714.70 Expense Approval Register Fund Summary Fund 100-GENERAL FUND 450 - CAPITAL EQUIPMENT FUND 510 - WATER/SEWER FUND Expense Amount 27,289.60 21142,91 22,28119 Grand Total: 51,714.70 Packet: APPK100584 - 94946 rect invoice 100 100 510 100 100 100 100 400 440 510 510 510 100 100 210 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 210 440 510 510 620 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 AS -NEEDED CHECKS COUNCIL MEETING 9/19/16 100-47-5110 5 STAR SPORTS ACADEMY INC 100-33-5520 COMED 510-32-5510 COMED 10045-6110 HOME DEPOT CREDIT SERVICES 100-01-6940 SECRETARY OF STATE/INDEX DEPT 100-04-5310 UNITED PARCEL SERVICE 100-22-5310 UNITED PARCEL SERVICE 400-00-6110 HOME DEPOT CREDIT SERVICES 440-00-8200 RADICOM INC 510-31-6110 HOME DEPOT CREDIT SERVICES 510-32-6110 HOME DEPOT CREDIT SERVICES 510-35-6110 HOME DEPOT CREDIT SERVICES 10041-5310 POSTMASTER MCHENRY IL 100-01-6940 SECRETARY OF STATE / POLICE DEPT 210-00-5110 JOHN TODD BAND 100-22-5320 AT&T 10043-5320 AT&T 10045-5320 AT&T 100-46-5320 AT&T 100-01-5320 AT&T LONG DISTANCE 100-22-5320 AT&T LONG DISTANCE 100-33-5320 AT&T LONG DISTANCE 10042-5320 AT&T LONG DISTANCE 10045-5320 AT&T LONG DISTANCE 100-00-6210 STAPLES BUSINESS ADVANTAGE 100-00-6210 STAPLES BUSINESS ADVANTAGE 100-04-6210 STAPLES BUSINESS ADVANTAGE 100-04-6210 STAPLES BUSINESS ADVANTAGE 100-22-6210 STAPLES BUSINESS ADVANTAGE 100-30-6210 STAPLES BUSINESS ADVANTAGE 100-03-6210 SYNCB/AMAZON 10046-6110 SYNCB/AMAZON 10046-6110 SYNCB/AMAZON 10046-6110 SYNCB/AMAZON 210-00-5110 BREIDENBACH, LARRY 440-00-8200 WATSON FURNITURE GROUP 510-32-5320 AT&T LONG DISTANCE 510-32-5110 COM ED 620-00-5110 COMCAST CABLE 10043-5320 AT&T 100-01-5320 AT&T 100-02-5320 AT&T 100-22-5320 AT&T 100-30-5320 AT&T 100-33-5320 AT&T 10041-5320 AT&T 10042-5320 AT&T 10043-5320 AT&T 10044-5320 AT&T 10045-5320 AT&T 100-334510 RED WING SHOE STORE 10044-6110 SAM'S CLUB 10046-6110 SAM'S CLUB 10046-6920 SAM'S CLUB 10047-6920 SAM'S CLUB 2790.00 235.30 77.55 2,26 10.00 5.76 13A8 413.75 195767050 142, 38 796.56 161.55 1250600 126 500 11 1,37 110.49 55.68 55.68 1693.41 5.67 6.41 0.77 0.46 -564.5 83.12 158.75 90.19 397A6 8.29 10.57 -69.81 77.95 69.99 300 87746583 9.89 8478,24 142.04 113.5 451.97 56.02 712.69 56.02 176.3 112.05 57.62 56.02 112.05 186.94 099 591.65 95.86 27.1 40.18 08/02/2016 08/02/2016 08/02/2016 08/05/2016 08/05/2016 08/05/2016 08/05/2016 08/05/2016 08/05/2016 08/05/2016 08/05/2016 08/05/2016 08/09/2016 08/11 /2016 08/11/2016 08/1612016 08/16/2016 OS/16/2016 08/16/2016 08/1612016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/19/2016 08/19/2016 08/19/2016 08/19/2016 08/19/2016 08/19/2016 08/19/2016 08/19/2016 08/19/2016 08/19/2016 08/1912016 08/19/2016 08/19/2016 08/19/2016 08/19/2016 08/19/2016 AS -NEEDED CHECKS COUNCIL MEETING 9/19/16 100 100-04-5310 UNITED PARCEL SERVICE 9.27 08/19/2016 100 10041-5310 UNITED PARCEL SERVICE 4.3 08/19/2016 510 510-31-5320AT&T 336A4 08/19/2016 510 510-32-5320 AT&T 380.1 08/19/2016 580 580-32-8500 WILLIAMS BROTHERS CONSTRUCTION INC 1728244A 08/19/2016 620 620-00-5110 AT&T 64.95 08/19/2016 210 210-00-5110 KESSLER, STEVE 600 08/25/2016 215 215-00-6110 FRY, ROBERT J 504 08/25/2016 510 51 d-32-5510 COMED 155.51 08/25/2016 510 61 0-31-61 10 RADICOM INC 54.25 08/25/2016 100 100-33-5520 COMER 116.47 08/29/2016 100 100-01-5510 COMED 95.13 08/29/2016 100 100-00-6210 STAPLES CREDIT PLAN 141.52 08/29/2016 100 100-01-6210 STAPLES CREDIT PLAN 263.22 08/29/2016 100 100-04-6210 STAPLES CREDIT PLAN 10.99 08/29/2016 100 100-22-6210 STAPLES CREDIT PLAN 124.47 08/29/2016 100 100-30-6210 STAPLES CREDIT PLAN 30.36 08/29/2016 100 100-33-6210 STAPLES CREDIT PLAN 11.7 08/29/2016 100 10041-6210 STAPLES CREDIT PLAN 13.99 08/29/2016 510 510-32-5510 COMED 108.79 08/29/2016 510 510-31-5510 COMED 38.17 08/29/2016 510 510-32-5510 COMED 163.55 08/29/2016 620 620-00-6210 STAPLES CREDIT PLAN 19.49 08/29/2016 100 100-33-5520 COMED 241.03 08/31/2016 100 10041-5110 KMA ENTERTAINMENT 500 08/31/2016 2036902.10 FUND 100 TOTAL 11696.46 FUND 21d TOTAL 1400.00 FUND 215 TOTAL 504.00 FUND 400 TOTAL 413.75 FUND 440 TOTAL 283514433 FUND 510 TOTAL 10902068 FUND 580 TOTAL 1728244,40 FUND 620 TOTAL 226.48 TOTAL 2036902.10 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FOR: September 16, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Consideration of a Variance from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a reduction in the required side yard building setback requirement to allow the expansion of an existing residence and construction of a 260 square -foot addition to the existing west elevation of the house located at 1503 N Richmond Road ATT. 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated August 24, 2016 4. Ordinance approving a Variance from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a reduction in the required side yard building setback requirement to allow the expansion of an existing residence and construction of a 260 square -foot addition to the existing west elevation of the house located at 1503 N Richmond Road 5. Application Packet AGENDA ITEM SUMMARY: The City Council is being asked to consider a 1.28-foot side yard building setback variance from the zoning ordinance to allow a home addition, to the west elevation, at 1503 Richmond Road. ANALYSIS: The applicant lives on a through or double -frontage lot, Richmond Road on the east and Maple Court to the west and the property requires a six-foot side yard setback. Currently the setback is 4.72' therefore the property must comply with the current ordinance due to the proposed expansion. The Zoning Ordinance defines this setback as a standards non -conformity and no addition, enlargement or structural alteration can be made to a property having a standards non -conformity with the conformance of any new addition or enlargement portion of the structure to all requirements in the zoning ordinance. The conformity with the Zoning Ordinance is being accomplished by seeking a variance to the existing side yard setback. Below Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us is a depiction of the proposed expansion and setback in question. Staff has no problem with this request and the only option to complete the addition, other than razing the entire house is to obtain a variance. PLANNING AND ZONING COMMISSION: On August 241 2016 the Planning and Zoning Commission unanimously recommended approval A a Variance from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a 1.28400t reduction in the required side yard building setback to allow the expansion of an existing home including a 260' addition in substantial conformance with the floor plan and elevation submitted as part of the application packet. The unapproved minutes from this meeting are provided as reference. RECOMMENDATION: Therefore, if the City Council concurs it is recommended that a motion be made to approve the attached ordinance granting a Variance from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a 1.28-foot reduction in the required side yard building setback to allow the expansion of an existing home including a 260' addition in substantial conformance with the floor plan and elevation submitted as part of the application.packet. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry Unapproved Planning and Zoning Commission Minutes August 24, 2016 Public Hearing: Patrick Wirtz File No. Z-901 1503 Richmond Road Variances from Article IV. Residential Districts, Table As Residential District Requirements Chairman Strach called the Public Hearing to order at 7:40 p.m. regarding File No Z-901, an application for variances from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a reduction in the required side yard building setback requirement to allow the expansion of an existing residence and construction of a 260 square -foot addition to the existing west elevation of the house as submitted by Patrick Wirtz for the property located at 1503 Richmond Road, McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on August 9, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Patrick Wirtz, 1503 Richmond Rd., McHenry, IL 60050, and David Gillespie, Architect, Gillespie Design Group, 5307 Business Parkway #101, Ringwood, IL 60072, who were sworn in by Chairman Strach. Mr. Gillespie provided a summary of the request before the Commission at this Hearing stating the Wirtz family wants to construct an addition requiring a 6' side yard setback. There is currently just under a 5' setback which requires a 14" encroachment into the side yard for a master bedroom addition. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the applicant is seeking a 1.28-foot side yard building setback variance from the zoning ordinance to allow a home addition, to the west elevation, at 1503 Richmond Road. The applicant lives on a through or double -frontage lot, Richmond Road on the east and Maple Court to the west. Currently the setback is 4.72' therefore the property must comply with the current ordinance due to the proposed expansion. The zoning ordinance defines this setback as a standards non -conformity and no addition, enlargement or structural aIteration can be made to a property having a standards non -conformity without the conformance of any new addition or enlargement portion of the structure to all requirements Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us in the zoning ordinance. The conformity with the zoning ordinance is being accomplished by seeking a variance to the existing side yard setback. A depiction of the proposed expansion and setback in question was presented. Staff has no problem with this request and the only option to complete the addition, other than razing the entire house, is to obtain a variance. The approval criteria for variances were presented and Director of Economic Development Martin stated staff is recommending approval of Variances from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a 1.28400t reduction in the required side yard building setback to allow the expansion of an existing home including a 260' addition in substantial conformance with the floor plan and elevation submitted as part of the public hearing application. Staff finds all requirements in Table 32 of the zoning ordinance have been net. Chairman Strach invited questions and/or comments from the Commission. Commissioner Miller asked if the back corner of the home is simply being squared up. Mr. Wirtz replied affirmatively. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:42 p.m. Motion by Meyer, seconded by Thacker, to recommend to the City Council with regard to File No. Z-901, approval of an application for Variances from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a 1.28400t reduction in the required side yard building setback to allow the expansion of an existing home including a 260' addition in substantial conformance with the floor plan and elevation submitted as part of the public hearing application be granted, and that all requirements in Table 32 of the Zoning Ordinance have been met. Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the Public Hearing regarding File No. Z-901 at 7:45 p.m. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 16- AN ORDINANCE GRANTING A VARIANCE FROM ARTICLE IV. RESIDENTIAL DISTRICTS, TABLE 4: RESIDENTIAL DISTRICT REQUIREMENTS TO ALLOW A 1.28-FOOT REDUCTION IN THE REQUIRED SIDE YARD BUILDING SETBACK FOR THE PROPERTY LOCATED AT 1503 N RICHMOND ROAD 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 Pat Wirtz 1503 N Richmond Road, McHenry, IL 60050 ("APPLICANT") requesting a Variance on the property legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on August 24, 2016 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Variance 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 a Variance from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a 1.28-foot reduction in the required side yard building setback to allow the expansion of an existing home including a 260' addition in substantial conformance with the floor plan and elevation submitted as part Athe application packet attached hereto and incorporated herein as Exhibit "B" ("SITE PLAN"). SECTION 2: In granting said Variance, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 16- AN ORDINANCE GRANTING A VARIANCE FROM ARTICLE IV. RESIDENTIAL DISTRICTS, TABLE 4: RESIDENTIAL DISTRICT REQUIREMENTS TO ALLOW A 1.28-FOOT REDUCTION IN THE REQUIRED SIDE YARD BUILDING SETBACK FOR THE PROPERTY LOCATED AT 1503 N RICHMOND ROAD 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 Pat Wirtz 1503 N Richmond Road, McHenry, IL 60050 ("APPLICANT") requesting a Variance on the property legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on August 24, 2016 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Variance is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY is hereby granted a Variance from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a 1.28-foot reduction in the required side yard building setback to allow the expansion of an existing home including a 260' addition in substantial conformance with the floor plan and elevation submitted as part A the application packet attached hereto and incorporated herein as Exhibit "B" ("SITE PLAN"). SECTION 2: In granting said Variance, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF AYES: NAYS: ABSENT: NOT VOTING: DAY OF ATTEST: CITY CLERK MAYOR 2016 Department of Community & Economic Development McHenry Municipal Center 2016 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property Lot 7 in Block 6 in Lake View Addition to McHenry, a subdivision of part of the Southwest Quarter of Fractional Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded November 25, 1922, as Document No. 57101, in Book 4 of Plats, page 74, in McHenry County, Illinois. E CX�ta�T3, JOHN jENPtING9 Pil•Ia I ERFO tAI N R5 F501i An t_ll 5IS N HALF STRLFT M 5REIGO, ILLINOIS 44I5: Rik MA'"1110 ortkM e tlrlvewy` Frw-.� _ _ tiara cjI tso.o �X�skinq �i�e: J tirolc'. 1 iarl: ry+lai�. 20 lrr•t. Dtltannzs are shnt:rt ie lcrt rsrd derar+rrl pr1rY< thrrrnf ChrcknT hy__- Conl�.an• n7l paints hrjum iniildinl*, aisn c•herk T.et:al Dc•scriptinn Faith Ured: order No - yQ. AYE. E ti7 �'1'P OF it 1.iMS;S 1 ,_ lS; l'\'1'Y ld i1cFiY\PY i, 1011': IF.2`:N7,NG rr1 tri ucu I „d I.ami rcl(it fit t!r:.l:y Fr)tall l prit I flat r; e-ttrlrgr-:::lic ,tl,, ;. llfsrr+(11f11)T,:!r':fi( 9t1111 Oxf iif/ iitar 1„frion its 1)11 Cirrir rf rcpro.51'I.:r/:t: ri 1' Se:I1t •In{r it �1 /,�4r •y Hnrra'd•:0 IIGnl Ili: aei-5' ilry .:I. 11� Iri. ti FEC,S'cRr." • jL'iSYI t:i: t Surrcard in( ��f�- 11 �v rW t. 1;I k ] t 1� IFF a FIT ?4 \ 1 S t! # t f ) 1 a r ) IF I)IF rqq [PLANNING AND ZONING COMMISSION STAFF REPORT Z-901-MINOR VARIANCE FROM ARTICLE IV. RESIDENTIAL DISTRICTS TABLE 4: RESIDENTIAL DISTRICT REQUIREMENTS TO ALLOW A REDUCTION IN THE REQUIRED SIDE YARD BUILDING SETBACK REQUIREMENT AT 1503 RICHMOND ROAD] Applicant Pat Wirtz 1503 N Richmond Road McHenry, IL 60050 Requested Action Variances from Article IV, Residential Districts, Table 4: Residential District Requirements, to allow a reduction in the required side yard building setback requirement to allow the expansion of an existing residence and construction of a 260 square -foot addition to the existing west elevation of the house on the subject property Site Information Location and Size of Property The subject property is located at 1503 Richmond Road Existing Zoning and Land Use The subject property is zoned RS-4, High Density Single -Family Residential, developed with a one- and a half -story frame single-family residence constructed in 1942 with an approximately 220 square -foot detached garage Comprehensive Plan DesiKnation Low -Density Residential Adjacent Zoning and Land Use North: RS-4 -High-Density Single -Family Residential, Single -Family Residences South: RS-4 -High-Density Single -Family Residential, Single -Family Residences East: RS4 -High-Density Single -Family Residential, Single -Family Residences West: RS4 -High-Density Single -Family Residential, Single -Family Residences Description of Request The applicant is seeking a 1.28-foot side yard building setback variance from the zoning ordinance to allow a home addition, to the west elevation, at 1503 Richmond Road. Staff Analysis The applicant lives on a through or double -frontage lot, Richmond Road on the east and Maple Court to the west and the property requires a six-foot side yard setback. Currently the setback is 4.72' therefore the property must comply with the current ordinance due to the proposed expansion. The zoning ordinance defines this setback as a standards non -conformity and no addition, enlargement or structural alteration can be made to a property having a standards non -conformity with the conformance of any new addition or enlargement portion of the structure to all requirements in the 1 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-901-MINOR VARIANCE FROM ARTICLE We RESIDENTIAL DISTRICTS TABLE 4: RESIDENTIAL DISTRICT REQUIREMENTS TO ALLOW A REDUCTION IN THE REQUIRED SIDE YARD BUILDING SETBACK REQUIREMENT AT 1503 RICHMOND ROAD] zoning ordinance. The conformity with the zoning ordinance is being accomplished by seeking a variance to the existing side yard setback. Below is a depiction of the proposed expansion and setback in question. Staff has no problem with this request and the only option to complete the addition, other than razing the entire house, is to obtain a variance. Below are the approval criteria for variances: Table 32: Approval Criteria for Variances in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings of fact that all of the conditions below apply to the application. The City Council shall not be bound by the recommendation of the Planning and Zoning Commission. However, in granting approval, the City Council shall similarly find that all of the following conditions apply. 1. Special Circumstances Not Found Elsewhere Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. Circumstances Relate to the 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. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, nor to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 2 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-901-MINOR VARIANCE FROM ARTICLE IV. RESIDENTIAL DISTRICTS TABLE 4: RESIDENTIAL DISTRICT REQUIREMENTS TO ALLOW A REDUCTION IN THE REQUIRED SIDE YARD BUILDING SETBACK REQUIREMENT AT 1503 RICHMOND ROAD] 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 For reasons fully set forth in the written findings, the strict application of the provisions of this Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from 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 grant of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. Not Alter Local Character The granting of the variance will not alter the essential character of the locality nor substantially impair environmental quality,. property values, or public safety or welfare in the vicinity. 8. Consistent With Ordinance and Plan The granting of a variance will be in harmony with the general purpose and intent of this Ordinance and of the Comprehensive Plan of the City, as viewed in fight of any changed conditions since their adoption. 9. Minimum Variance Recommended The variance recommended by the Planning and Zoning Commission and approved by the City Council is the minimum required to provide the applicant with reasonable use and enjoyment of his property. Staff Recommendation Prior to Public Hearing Approval of Variances from Article IV, Residential Districts, Table 4: Residential District Requirements, to allow a 1.28-foot reduction in the required side yard building setback to allow the expansion of an existing home including a 260' addition in substantial conformance with the floor plan and elevation submitted as part of the public hearing application. Staff finds all requirements in Table 32 of the zoning ordinance have been met. Attachments • Location Maps • Application Packet 3 August 24, 2016 I :IL 1rl. 1254- o GILLESPIE August 2, 2016 Douglas P. Martin Director of Economic Development City of McHenry 333 S Green Street McHenry, IL 60050 Mr. Martin, Z-901 We have been retained by Pat Wirtz, residing at 1503 Richmond Road, McHenry, to design an addition to his residence, proposing a one-story addition to the west (rear). The owner would like to align the addition with the southern face of the residence. Our understanding is that 1503 Richmond Road is zoned R-4 which requires a 6 foot side yard setback from the property line. The owner is seeking a variance allowing the addition to encroach about 14" into the side yard setback.. We will assist the owner to prepare the proper documents for pofiential approval at a public hearing in the City of McHenry. Sincerely, David J. Gillespie Gillespie Design Group cc: Pat 1Nirtz 5307 Business Parkway, Suite'101' �tingwood, Illinois 50072 phone $1.5.653.7100 fax a15,653.7700 www.gillespiedesigngroup.com JON�tJENYINGS RIIA%I IF If IA\ff tlt\1\OR X% 1:11 is R HALT S IT N �alwo, ILLIROI\ NI+i GQAN A J Sralr. 1 Iml• lqunll '�� !n't. Di+lalurs me rhnun in (fct nr,d drvffnai Ibrr' the«•nl Orumf Ly: ..:. — -- . checiclf by r oelrJrr nll1wifits hr(on• lluit(fing, atv) check* l,rgal Oetcrlptlnn Irith !)red: Order Nal t Crlrf N 41Fk r� //t A r Y' d r 1w1' ! hV A Frr�.f� ao 4 h k� All 150.0 AVE SP F w a 1'7 aCre5� 1.YJl'�S1' l4 \I. {11\RI i i. It�ll.•:\'(:\ ,r'; rrr111 t: !h'�t lrr:-d Lon�f Vrr: ct!'n rlv ltftrebly ll,�t 1 lit n aurl r fp:1711c :!b�;. dr!i nllc �� lrrrrr the an'1 i!.c7 Ilupint lei reek dnn! •, •• •. corn Il rr yuq u'z.Pftt� r. r 1 t•.Id 41" / r Ir .Ilnrul!,•a, lllimii; this ' /h!r; .,l r 1 !\ 19 �� PEt'i�4P.•' y IRNh Wit :iltf Sunrytd by No 2c, • eel i t:b•.A• R• 1m,7tc+tA .P. \• r st vp'`h JE�y FOR�VI A PUBLIC HCAR(NG APPLICATION Pla11ILn1156 and Zoning Commission City of MI cHenry file Number �' � � 333 Soutlti Green Street a McHenry, lL 60030 � TcL• (8t3) 363-2170 � Fix: (8l3) 363-2173 1 Name of Applicants w �'� �- Tel Address J J lJ�U lYA0A� ��4'CA Fax City��' �Q'� `l Stated Zip 2. Name of Property Owner (if other than Applicant) Address 3. City State Zip """ ''-t Name of literr/ �' t (ifrepresented) (fi f les f-� l pS(5)n iU Address City State Zup 4. Name of Attorney (if represented) Address S, Cam►non Address or Location of Property G, Requested Actions) (check all that apply) — Zoning Map Amendment (Rezoning) Conditional Use Permit Zoning Variance _Other Tel Fax. 1`AX stul.e 1v Tel Fax-- � 7 M ate. Zoning Variance � Minor Zoning Teat AmendmentUse Variance 'Definition of Mutor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot, 7. Current Use of Property 8. Current. "Coning C<lassificntion of Property, Including Variances orConditional Uses 9. Current Zoning Classification and Lard Use ofAdjoining Properties North: South: East; West: 10. Required Attachments (cheek al9 items submitted) Please refer to ttie Public Hearing i2equirements Checklist to determine the required attachments, �1. Application Fee (amount) S� 4/ 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 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit i/ 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted bythe Applicant) 13. Site Plan K Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. 'rra he Analysis 18. School Impact Analysis l 1. Disclosure of Interest fhe 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 uontinee. Applicant is Not Utiwter 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 tiled with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnershia if the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Ce►•tification 1 hereby certify that I_atn aware of all code requirements of the City of McHenry hat relate to this property and that the proposed use or development described in this application shall comply with all such codes. 1 hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to -the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this Application or conditions of Approval recommended by the Zoning Board of Appeals or City Council_ Sienature of Applicant(s) Print Name and Designation of Apptieant(s) I FORM D ZONING VARIANCE Planning atic1 Zoning Commission City of McHenry File Number Z-901 333 South Green Street � McHenry,lL 64050 � Tel: (815) 363-2170 � Fax; (815) 363-2173 Table 32 of the City of McHenry Zoning Oidivance provides that in reconunending 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 ofthese conditions as it relates to your rearrest. 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 )r recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. is particular to this site that is an existing pre-existing condition _ 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 buildings) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concerts 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 panty with interest in the property. Page I of 3 Z-901 3a Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. The home is a non conformir�pre-existing use to the Zoning Ordinance The existing sideyard setback ap ep ars to pre date the Zoning Ordinance The special circumstances have not resulted from any act of the applicant or 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 more inconvenience. The hardshi�of not having the variance would result in having an unnecessary and umvelcome offset in both tine exterior and interior walls along the south elevation 5 Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by otlier properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. Because of the ne of the house the rooms and their sizes are not on par with other homes in the same zoning district causing a particular disadvantage to this site Granting the variance does not confer a special privilege to the property. 6 Necessary for Use of Property The granting of a variance is necessary not because it will increase the applicant's economic rehun, 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. This variance will allow the expansion of a first floor bedroom which by todav's standards and in the McHenr•y market is considered too small The rg tinting of the variance will allow the Owtrer to upgrade and renovate a home that has been in the McHenry community a very long time. FORM D Page 2 of 3 Z-901 7. NotAlter 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 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. This variance request is to maintain the existing side yard setback a difference of a little more than 1'-0" f i I a r ' t i I Mn.C�C�i;n .��(E�.Ydp 10 �S E 9� i•. MET Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FOR: September 19, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Use Variance to allow a tavern at 4117 Shamrock Lane, located within the Liberty Square Shopping Center, and Variance from the off-street parking and loading requirements for Liberty Square Shopping Center ATT: 1. Location Map 2. Map of Surrounding Business Parks I Planning and Zoning Commission Minutes dated June 22, 2016 4. Ordinance approving a Use Variance to allow a tavern at 4117 Shamrock Lane and Variance from the off-street parking and loading requirements for the Liberty Square Shopping Center 6. Flyer from a Welcome Home Event for Veterans in North Chicago 7. Application Packet AGENDA ITEM SUMARY: The City Council is being asked to consider a Use Variance to allow a tavern at 4117 Shamrock Lane and a Variance from the off-street parking and loading requirements for Liberty Square Shopping Center. The applicant operates three other craft beer taverns in Round Lake Heights North Chicago and Lake Zurich and is actively involved in the communities he is located. Their business plan and operation is described in detail in the attached agenda packet. BACKGROUND: The subject property is zoned O-1 Local Office, contains a 9,866 retail square -foot shopping center strip building (Lot 3) on approximately one -acre; 3,902 square -foot outlot building on .69 acres (Lot 2) and a 21,000 square -foot professional office building (Lot 1) on 1.82 acres (Lot 1). A use variance was approved in 2001 permitting additional uses on the subject property. Total size of Lots 1-3 is approximately 3.51 acres. An aerial view of the shopping center is provided below. The red arrow indicates the proposed location. 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Liberty Square Shopping Center The Liberty Square Shopping Center was constructed in 2002-2003 and currently contains a convenience store, Cucina Rosa (Italian Restaurant) and Allstate Insurance Company located in the retail (strip portion of the center -eastern end cap unit), a professional office building on the west side of the property and a vacant, former bank, as an outlot building. In addition to the outlot building there are four vacant units, excluding space available in the professional office building. The applicant is proposing to open a craft beer tavern at 4117 Shamrock Lane, which is the end cap unit (1,500 square feet) located in the retail strip portion on the south side of the center. The use variance, referenced above, approved in 2001 permits the following uses in the center: a) computer sales, rental and service b) donut shop, with retail hours restricted from 6:00 a.m. to 10:00 p.m. c) beauty and barber shops, hair salons d) candy, ice cream, popcorn, nut and yogurt stores e) florist shop f) stationary and office supply stores g) photocopying and printing shops h) hobby and craft stores 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us i) grocery and convenience stores j) appliance and electronics repair k) eyeglass sales and repair I) photo processing m) video rental n) postal packaging o) shoe repair p) restaurant The applicant, Jason Newman/BeerAbility, has been very involved in each of the communities in which he operates his business - being a member of the local chamber of commerce in both North Chicago and Round Lake. Provided in this supplement is a flyer from a Welcome Home Event for Veterans held in North Chicago, of which Beerability was a sponsor, and the following has been excerpted from a recent Round Lake Chamber newsletter: Last month was our first Women's Networking event, WEB was a huge success. A huge thank you to Round Lake Heights business, BeerAbility, for hosting this first event. They provided a wonderful table of food and refreshments that many of us stuck around later to continue to enjoy. We had 14 wonderful, professional ladies from the Round Lake area attend. ANALYSIS: The proposed use variance is required for a tavern because taverns are not permitted uses in the 0-1 zoning district. As previously stated the City Council approved an ordinance to allow additional uses within the Liberty Square Shopping Center due to the difficulty in locating tenants within the center. The site is unique in that it's a shopping center, with an outlot and professional office building however, other than the east end cap unit and the outlot, the other in -line spaces do not have direct frontage on Route 31 and lack visibility from Shamrock Lane and Illinois Route 31. The unit the applicant is proposing to locate in was previously occupied a couple of times in the past for non -retail uses due to the lack of visibility. Use Variances must satisfy criteria based upon the following: practical difficulties or particular hardship; reasonable return; unique circumstances; not altering local character and consistent with the comprehensive plan. Staff has been working with the applicant on locating in the City of McHenry for several months. The proposed use is unique and offers an opportunity to enhance the viability of the 3 �Rr o� -�.� F ra.✓ Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Liberty Square Shopping Center. There are difficulties and hardships associated with this location, including lack of visibility; lack of tenancy and turnover in tenancy. The center is located at a traffic light and in close proximity to residential housing units therefore there are opportunities for pedestrian access to the center. Staff does not believe this will negatively impact the local character. The use compliments the existing uses in the center, including the professional office building to the west. While the applicant does serve food their menu is still growing, and their use of craft beer provides a unique element which will draw customers to the center and hopefully attract other tenants to the vacant units within the center. In addition, as identified in Mr. Newman's request and included documentation, the proposed use will include the service of alcohol upon approval of a liquor license and, upon issuance of a local liquor license it is his intent to request a Video Gaming License from the State. The liquor license request follows this agenda item and is conditioned upon the approval of this Use Variance. Variance Request from the Off -Street Parking and Loading Requirement PARKING FOR SHOPPING CENTERS The number of parking spaces required for retail and personal service uses located in a shopping center shall be as provided for shopping centers in Table 13 rather than the sum of the spaces required for the individual uses. Except that the number of spaces for restaurants, taverns, and drive-in facilities located in a shopping center, and for any establishment occupying over 50 percent of the gross leasable area of the center, shall be as provided in Table 13 for these individual uses and shall be added to the number of spaces required under the provisions for shopping centers for the balance of the uses in the center. The applicant is seeking a variance from the off-street parking and loading requirements. The base parking requirement for a shopping center of this size, approximately 9,866 square feet of in -line space is 4 parking spaces/1,000 square feet of building floor area plus additional spaces for the restaurant use (Cucina Rosa) and proposed tavern use (BeerAbility). The center consists of three lots with three buildings, with cross access easements in place, as well as common area parking requirements. Currently the Liberty Square Shopping Center has 156 parking spaces and 165 are required. The applicant is required to have 13 parking spaces; Cucina Rosa requires 55 spaces and the Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us rest of the uses within the retail portion of the center require 20 parking spaces. The office building requires 62 parking spaces, and outlot 15 spaces. Staff believes the center has much more parking than is actually used on at varying times on different days. Below are the approval criteria which must be satisfied for the variance request. Practically, staff believes there is ample parking and in staffs opinion the tavern proposed is critical for sustaining the long-term viability of the center; will provide a complimentary use for other uses in the center which will assist those businesses and the property has impaired visibility from Route 31 and is not as desirable from a retail standpoint. Additionally, there is an opportunity for shared parking with the professional office building. The shopping center recently has struggled and lost multiple tenants and this use will assist in revitalizing the center and capitalize on the public space which is the true essence and identity A the center. There are no uses similar to the proposed use in close proximity to this location however there is a large employment base within a mile radius (see attached business park map) which will provide a partial customer base. PLANNING AND ZONING COMMISSION: On June 22, 2016 the Planning and Zoning Commission unanimously recommended approval of an application for a Use Variance to allow a tavern at 4117 Shamrock Lane and any other variances required effectuating the aforementioned request on the Subject Property, subject to the condition there is no outside service of food or alcohol or consumption of alcohol outdoors and approval of an application for a nine -space parking variance from the off-street parking requirements for Lots 1-3 (Liberty Square Shopping Center). Minutes from this meeting are provided for reference. RECOMMENDATION: Therefore, if the City Council concurs with the Planning and Zoning Commission, it is recommended that a motion be made to approve the attached ordinance granting a Use Variance to allow a tavern at 4117 Shamrock Lane and any other variances required effectuating the aforementioned request on the Subject Property, subject to the condition there is no outside service of food or alcohol or consumption of alcohol outdoors and approval of an application for a nine -space parking variance from the off-street parking requirements for Lots 1-3 (Liberty Square Shopping Center). 5 H!!RTnF!�U FOX n ca✓ Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us LOCATION MAP: LIBERTY SQUARE SHOPPING CENTER a i IU UMI MWR.f Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us LOCATION MAP OF SURROUNDING BUSINESS PARKS �.�Mtn' YAir 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry Planning and Zoning Commission Minutes dated June 22, 2016 Public Hearing: BeerAbility Lake Zurich, LLC File No. Z-892 4117 W. Shamrock Lane Use Variance to allow a tavern at 4417 Shamrock Lane (located within Liberty Square Shopping Center, and Variance from Off-street Parking and Loading Requirements for Liberty Square Shopping Center (41034117 Shamrock Lane) Vice Chairman Thacker called the Public Hearing to order at 7:55 p.m. regarding File No Z-892, an application for a Use Variance to allow a tavern at 4117 Shamrock Lane, located within the Liberty Square Shopping Center, and Variance from the off-street parking and loading requirements for Liberty Square Shopping Center and any other variances required to effectuate the aforementioned request on the property in Liberty Square Shopping Center. Vice Chairman Thacker stated Notice of the Public Hearing was published in the Northwest Herald on June 7, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance were Jason Newman, 937 Sandstone Dr., Libertyville, IL 60048 and Donna O'Leary, 717 Meadow Lane, Libertyville, II 60048, who were sworn in by Vice Chairman Thacker. Or. Newman provided a summary of the request before the Commission at this Hearing stating BeerAbility is requesting a use variance and parking variance in order to open a high end craft beer and wine tavern in Liberty Square Shopping Center. Mr. Newman stated Beer Ability and its affiliated entities operate 3 other craft beer taverns successfully and are hoping to enhance the community through additional jobs, economic benefits to the city and a new place for residents and guests to visit. The McHenry location will offer a variety of breakfast, lunch, and dinner options for 60-65 people in an upscale, relaxing, comfortable environment with hours from 8:00 a.m. — Midnight Sunday through Thursday and 8:00 a.m. — 1:00 a.m. Friday and Saturday. They successfully host town meetings, honor flight groups, chamber events and other community organization meetings in their other locations and are hoping for the same type of involvement in the McHenry community. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is zoned 0-1 Local Office and contains 3 lots containing a 9,866 retail square -foot shopping center strip building, a 3,902 square -foot outlot building and a 21,000 square -foot professional office building. A use variance was approved in 2001 permitting additional uses on the subject property. Total size of the lots is approximately 3.51 acres. Liberty Square Shopping Center was constructed in 2002-2003 and currently contains a convenience Store, Cucina Rosa (Italian Restaurant) and Allstate Insurance company located in the retail (strip portion of the center -eastern end cap unit) a professional office building on the west side of the property and a vacant former bank, which is an outlot building. In addition to the outlot building there are four vacant units, excluding space available in the professional office building. The applicant is proposing to open a craft beer tavern which is the end cap unit (1,500 square feet) located in the retail strip portion on the south side of the center. The requested actions are: Use Variance to allow a tavern at 4117 Shamrock Lane and a Variance from the off-street parking and loading requirements for Liberty Square Shopping Center and any other variances required to effectuate the aforementioned request. The applicant operates two other craft beer taverns in Round Lake Heights and North Chicago and is opening a third this year in Lake Zurich. The proposed use variance is required for a tavern because taverns are not permitted uses in the 0-1 zoning district. As previously stated the City Council approved an ordinance to allow additional uses within the Liberty Square Shopping Center due to the difficulty in locating tenants within the center. Use Variances must satisfy certain criteria. Staff has been working with the applicant on locating in the City of McHenry for several months. The proposed use is unique and offers an opportunity to enhance the viability of the Liberty Square Shopping Center. There are difficulties and hardships associated with this location, including lack of visibility; lack of tenancy and turnover in tenancy. The center is located at a traffic light and in close proximity to residential housing units therefore there are opportunities for pedestrian access to the center. Staff does not believe this will negatively impact the local character. The use compliments the existing uses in the center, including the professional office building to the west. While the applicant does serve food their menu is still growing, and their use of craft beer provides a unique element which will draw customers to the center and hopefully attract other tenants to the vacant units within the center. 0 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us The applicant is seeking a variance from the off-street parking and loading requirements. The center consists of three lots with three buildings, with cross access easements in place, as well as common area parking requirements. Currently the Liberty Square Shopping Center has 156 parking spaces and 165 are required. The applicant is required to have 13 parking spaces; Cucina Rosa requires 55 spaces and the rest of the uses within the retail portion of the center require 20 parking spaces. The office building requires 62 parking spaces and the outlot 15. Staff believes the center has much more parking than is actually used on different days. Additionally, there is an opportunity for shared parking with the professional office building. The shopping center recently has struggled and lost multiple tenants and this use will assist in revitalizing the center and capitalize on the public space which is the true essence and identity of the center. There are no uses similar to the proposed use in close proximity to this location however there is a large employment base within a mile radius which will provide a partial customer base. Director of Economic Development Martin stated Staff is recommending Approval of a Use Variance to allow a tavern at 4117 Shamrock Lane and any other variances required effectuating the aforementioned request on the Subject Property, subject to the condition there is no outside service of food or alcohol or consumption of alcohol outdoors; and Approval A a nine -space parking variance from the off-street parking requirements for Lots 1-3 (Liberty Square Shopping Center). Director of Economic Development Martin further stated Staff finds all requirements in Table 32(A) and Table 32 of the zoning ordinance have been satisfied. Vice Chairman Thacker invited questions and/or comments from the Commission. Commissioner Sobotta asked since this business will be on the end cap if there is a designated smoking area. Mr. Newman stated they will follow what local ordinances indicate in regard to a smoking area and they will post signage guiding patrons where to go for smoking. He further stated the management will also make sure that area is cleaned up. Vice Chairman Thacker opened the floor to questions and comments from the audience. The following were sworn in by Chairman Strach prior to their addressing the Commission: George Stankevych, 3711 Lee, McHenry, IL 60050 stated he is a physician whose office is in the adjoining office building and he has been in McHenry over 30 years. Mr. Stankevych stated his concern regarding this matter is that this business is called a tavern. There is a pediatric and obstetrical office in his building and he is concerned for safety of the patients coming to the 10 lug r ■- ¢ART OF T C FOX MMMRJFf Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us building. He further stated he has a concern with gaming in the shopping center especially since families visit the office building. Mr. Stankevych stated he wishes the best of luck to Mr. Newman but worries about the clientele and gaming activity especially during doctor's office hours. He is also concerned with how far his patients may have to park away his office. Mr. Newman replied BeerAbility is not a gaming facility but is a gastro pub whose core business is craft beer and wine. They typically spend $150,000-$200,000 on a buildout of space and $10,000 per month on inventory. Mr. Newman stated they take great pride in providing beautiful establishments. Their goal is to be a friend and a partner of the community. In the North Chicago are Mr. Newman has been asked to be a board member for the Chamber of Commerce because they are so actively involved in the community. The clientele is a 21 and over establishment which represents their business and they will only tolerate a good reputation. No spirits will be served; they are only a craft beer and wine establishment and they have had no problems or issues in regard to people being over -served in any of their other locations. Ms. O'Leary invited all in attendance to view the BeerAbility websites and Facebook pages to see what they do and how they advertise. They have been compliant with having all Bassett certified servers and trained food handlers since the beginning of their operations. Service limits are put on certain types of beer as well. They will have 5 gaming machines as that is the maximum allowed by state law. Toni Herlo, 4506 N Riverdale Dr., McHenry, IL 60050, speaking for Optimar LLC, stated she is part owner of the bank property at 4101 Shamrock which is part of this shopping center. Ms. Herlo stated this property is surrounded by professional buildings, Centegra, and a residential neighborhood. Her concern is having a tavern with gambling in the middle of this family neighborhood. Ms. Herlo further opined this use will depreciate values of surrounding properties. Commissioner Meyer asked Ms. Herlo if she has any proven studies on the depreciation she is suggesting to which Ms. Herlo responded she did not. Ms. Herlo has a concern with inebriated patrons and fights in an area so close to residential neighborhoods and the amount of families visiting the professional office space. She also stated a concern with being unable to rent the bank space with a tavern in such close vicinity. Ms. Herlo is concerned with how this establishment will look to families with children. Mr. Newman responded that their establishment in North Chicago is two spots from a WinTrust Bank, a doctor's office and a pharmacy with absolutely no problems. They strive to be and have been good neighbors. Mr. Newman further stated this high -end craft beer and wine only pub is something the community does not have and will draw people to McHenry because it is unique. They offer radio station events, weekly trivia nights, etc. which draw people from outside the 11 'y ■ tea, o. r.0 ER,i Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us community. It will create 8-10 jobs and provide sales tax revenue. They take a tremendous amount of pride and time in making sure their establishments are kept up. Mr. Newman stated they have never had one fight and they err on the side of caution and cut people off when needed. The other communities they are in are very happy to have them join their communities and it is not a typical bar atmosphere. Ms. O'Leary stated there is already a liquor stall in the strip mall and an Italian restaurant which serves alcohol so they will not be the first to join the strip mall with service of alcohol. Vice Chairman Thacker closed the public comment portion of the hearing at 8:20 p.m. Commissioner Miller thanked Mr. Newman for his response and presentation to the Commission. Commissioner Miller asked Mr. Newman to describe the typical customer experience at BeerAbility. Mr. Newman stated servers make sure patrons understand the menu and usually ask for specifics. Patrons are given a chance to look at the facility, offered food, and shown where televisions and lounges are located as well as informed that coffee, tea and pop are available. Patrons will feel comfortable and happy they are visiting. Typical feedback they receive is that they are one of the nicest places in town and thanks from municipalities. Staff goes out of the way to make sure everyone is comfortable because they want word of mouth to spread they are friendly, fun and an upscale environment. Ms. O'Leary stated many patrons are regular patrons that are locally established and the 2 other locations operating already are loved by the area residents and city officials. Director of Economic Development Martin stated this is a recommending body and the vote will go to City Council next. Copies of the minutes and notice of the upcoming City Council meeting can be sent to anyone requesting it. Motion by Meyer, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-892, approval of an application for a Use Variance to allow a tavern at 4117 Shamrock Lane and any other variances required effectuating the aforementioned request on the Subject Property, subject to the condition there is no outside service of food or alcohol or consumption A alcohol outdoors, be granted and Staff finds all requirements in Table 32(A) of the zoning ordinance have been met; Voting Ave: Doherty, Miller, Meyer, Sobotta, Walsh, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. 12 R CART OF T1C % RNCNIV Absent: Strach. Motion carried 6-0. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Motion by Miller, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-892, approval of an application for a nine -space parking variance from the off-street parking requirements for Lots 1-3 (Liberty Square Shopping Center) be granted; and Staff finds all requirements in Table 32 of the zoning ordinance have been met. Voting Aye: Doherty, Miller, Meyer, Sobotta, Walsh, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Strach. Motion carried 6-0. Vice Chairman Thacker closed the Public Hearing regarding File No. Z-892 at 8:25 p.m. 13 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 16- AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A TAVERN AT 4117 SHAMROCK LANE AND A VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS FOR THE LIBERTY SQUARE SHOPPING CENTER 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 BeerAbility Lake Zurich, LLC1870 W Winchester Road Suite 203 Libertyville, IL 60048 (Applicant") requesting a Use Variance to allow at a Tavern at 4117 W Shamrock Lane and a Variance from the Off -Street Parking and Loading Requirements at the Liberty Square Shopping Center legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 22, 2016 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Use Variance and Variance (&0); and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit and Variance 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 4117 Shamrock Lane, located on the SUBJECT PROEPRTY, is hereby granted a Use Variance to allow a tavern on the Subject Property, subject to the condition there is no outside service of food or alcohol or consumption of alcohol outdoors, be granted and Staff finds all requirements in Table 32(A) of the zoning ordinance have been met; SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 14 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 1 For reasons fully set forth in the written findings, 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 unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2, The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3. 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. 4. 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. The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. SECTION 3: That the SUBJECT PROEPRTY is hereby granted anine-space parking variance from the off-street parking requirements for Lots 1-3 (Liberty Square Shopping Center). SECTION 4: In granting said Variance the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or buildings) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 15 xEnat or roc FUX nwna Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS ATTEST: CITY CLERK DAY OF DAY OF 2016 2016 17 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property Parcel 1: Lot 3 of Liberty Square, a resubdivision of Lots 5, 6 and 7 of Thomas J. Rupp Resubdivision of Lot 2, Parcel B in J.B. Clara Subdivision in Sections 2 and 3, Township 44 North, Range 8, East of the Third Principal Meridian, according to the plat thereof recorded January 11, 2002 as Document No. 2002RO3946 and certificate of correction June 28, 2002 as Document No. 2002R56747, in McHenry County, Illinois, Parcel 2: Non-exclusive perpetual easement for the benefit of Parcel 1 for Ingress, egress, cross access and parking as created by Liberty Square Declaration of Covenants, Conditions & Restrictions recorded February 9, 2004 as Document No. 2004110010286, in McHenry County, Illinois. r>0 DIY Sunday, May 19 2016 Time: 4:00 PM Join us in welcoming home 23 Veterans from their Honor Flight Tripl Veterans Memorial Chicago, IL 600 Special Thanks to Welcome Home Sponsors! q 61 ►u l 1St }5`4 1 { ;,k l i H 14.4: U v w�wy �; as A r,y c � D F� U O Sarge John Spadaro Metro Cabs -North Chicago, IL Joui �eyCareJs Bi�To p P 0(iI;.-i . Keith S. 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If you would like to participate please Contact us! 847-282-0374 lakecountyhonorflight@gmaii.com * lakecountyhonorflight.org * facebook.com/lakecountyhonorflight [PLANNING AND ZONING COMMISSION STAFF REPORT Z-892 USE VARIANCE TO ALLOW A TAVERN AT 4117 SHAMROCK LANE AND VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS FOR LIBERTY SQUARE SHOPPING CENTER AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON SUBJECT PROPERTY (LIBERTY SQUARE SHOPPING CENTER) Applicant Beerability Lake Zurich, LLC 1870 W Winchester Road Suite 203 Libertyville, IL 60048 Requested Actions Use Variance to allow a tavern at 4117 Shamrock Lane, located within the Liberty Square Shopping Center, and Variance from the off-street parking and loading requirements for Liberty Square Shopping Center and any other variances required to effectuate the aforementioned request. Site Information Location and Size of Property Liberty Square Shopping Center Lot 3 consists of one acre more or less and is located at 4101- 4117 Shamrock Lane and 4117 Shamrock Lane is an end cap unit. Liberty Square Shopping Center is located west of Illinois Route 31 (Front Street) and south of Shamrock Lane. Adjacent Zoning and Land Use North: 0-2 Office Park (McHenry County College Shah (Small Business Development) Center South C-5 Highway Commercial District; Gary Lang Auto Group East Unincorporated McHenry County, Vacant Land West: 04 Local Office, Office Building Comprehensive Plan Designation Office Existing Zoning and Land Use The subject property is zoned O-1 Local Office, contains a 9,866 retail square -foot shopping center strip building (Lot 31 on approximately one -acre; 3,902 square -foot outlot building on .69 acres (Lot 2) and a 21,000 square -foot professional office building (Lot 1) on 1.82 acres (Lot 1). A use variance was approved in 2001 permitting additional uses on the subject property. Total size of Lots 1-3 is approximately 3.51 acres. Below is an aerial view of the shopping center. 1 [PLANNING F STAFF REPORT Z-892 VARIANCE 4117 SHAMROCK LANE AND VARIANCE I PARKING AND LOADING REQUIREMENTS COMMISSION OFF-STREET SHOPPING CENTER AND ANY OTHER VARIANCES EFFECTUATING AFOREMENTIONED REQUEST (LIBERTY SQUARE SHOPPING CENTER) Liberty Square Shopping Center PROPERTY Background and_ Description of Request Liberty Square Shopping Center was constructed in 2002-2003 and currently contains a convenience Store, Cucina Rosa (Italian Restaurant) and Allstate Insurance company located in the retail (strip portion of the center -eastern end cap unit) a professional office building on the west side of the property and a vacant, former bank, which is an outlot building. In addition to the outlot building there are four vacant units, excluding space available in the professional Ace building. The applicant is proposing to open a craft beer tavern at 4117 Shamrock Lane, which is the end cap unit (1,500 square feet) located in the retail strip portion on the south side of the center. The property is zoned 0-1 Local Office and in 2001 a use variance was approved by the City Council to permit additional uses within the center. Those uses are listed below. a) computer sales, rental and service b) donut shop, with retail hours restricted from 6:00 a.m. to 10:00 p.m. c) beauty and barber shops, hair salons d) candy, ice cream, popcorn, nut and yogurt stores e) florist shop f) stationary and office supply stores g) photocopying and printing shops 2 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-892 USE VARIANCE TO ALLOW A TAVERN AT 4117 SHAMROCK LANE AND VARIANCE FROM THE OFF=STREET PARKING AND LOADING REQUIREMENTS FOR LIBERTY SQUARE SHOPPING CENTER AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON SUBJECT PROPERTY (LIBERTY SQUARE SHOPPING CENTER) h) hobby and craft stores i) grocery and convenience stores j) appliance and electronics repair I<) eyeglass sales and repair I) photo processing m) video rental n) postal packaging o) shoe repair p) restaurant The requested actions are: Use Variance to allow a tavern at 4117 Shamrock Lane and a Variance from the off-street parking and loading requirements for Liberty Square Shopping Center and any other variances required to effectuate the aforementioned request. The applicant operates two other craft beer taverns In �itiund Lake Heights and North Chirago and. is opening a third this year in Lake Zurich. Their business plan and operation is described in detail in the attached agenda packet. Stiff Analysi3 The proposed use variance is required for a tavern because taverns are not permitted uses in the &I zoning district. As previously stated the City Council approval an ordinance to allow additional uses within the Liberty Square Shopping Center due to the difficulty in locating tenants within the center. The site is unique in that it's a shopping center, with an outlot and professional office building however, other than the east end cap unit and the outlot, the other in -line spaces do not have direct frontage on Route 31 and lack visibility from Shamrock Lane and Illinois Route 31. The unit the applicant is proposing to locate in was previously occupied a couple of times in the past for non -retail uses due to the lack of visibility. Use Variances must satisfy criteria based upon the following: practical difficulties or particular hardshipI reasonable return; unique circumstances; not altering local character and consistent with the comprehensive plan. Staff has been working with the applicant on locating in the City of McHenry for several months. The proposed use is unique and offers an opportunity to enhance the viability of the Liberty Square Shopping Center. There are difficulties and hardships associated with this location, including lack of visibility; lack of tenancy and turnover in tenancy. The center is located at a traffic light and in close proximity to residential housing units therefore there are opportunities for pedestrian access to the center. Staff does not believe this will negatively impact the local character. The use compliments the existing uses in the 3 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-892 USE VARIANCE TO ALLOW A TAVERN AT 4117 SHAMROCK LANE AND VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS FOR LIBERTY SQUARE SHOPPING CENTER AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON SUBJECT PROPERTY (LIBERTY SQUARE SHOPPING CENTER) center, including the professional office building to the west. While the applicant does serve food their menu is still growing, and their use of craft beer provides a unique element which will draw customers to the center and hopefully attract other tenants to the vacant units within the center. Variance from the Off -Street Parking and Loading Requirement PARKING FOR SHOPPING CENTERS The number of parking spaces required for retail and personal service uses located in a shopping center shall be as provided for shopping centers in Table 13 rather than the sum of the spaces required for the individual uses. Except that the number of spaces for restaurants, taverns, and drive-in facilities located in a shopping center, and for any establishment occupying over 50 percent of the gross leasable area of the center, shall be as provided in Table 13 2 �.-.� + ,-!'��i.,ls �lc c r,r�J Shill ,e drlor! to the n�Nml�er of �nmraS rormare3d under the ^ these individual uses an „u„ a ded ru . ti.... u provisions for shopping centers for the balance of the uses in the center. The applicant is seeking a variance from the off-street parking and loading requirements.- The base parking requirement for a shopping center of this size, approximately 9,866 square feet of in -line space is 4 parking spaces/1,000 square feet of building floor area plus additional spaces for the restaurant use (Cucina Rosa) and proposed tavern use (Beerability). The center consists of three lots with three buildings, with cross access easements in place, as well as common area parking requirements. Currently the Liberty Square Shopping Center has 156 parking spaces and 165 are required. The applicant is required to have 13 parking spaces; Cucina Rosa requires 55 spaces and the rest of the uses within the retail portion of the center require 20 parking spaces. The office building requires 62 parking spaces and the outlot 15. Staff believes the center has much more parking than is actually used on different days. Below aI e the approval criteria which must be satisfied for the variance request. r� [PLANNING AND ZONING COMMISSION STAFF REPORT Z-892 allSE VARIANCE TO ALLOW A TAVERN AT 4117 SHAMROCK LANE AND VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS FOR LIBERTY SQUARE SHOPPING CENTER AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON SUBJECT PROPERTY (LIBERTY SQUARE SHOPPING CENTER) Table 32 of the Zoning Ordinance 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance I,ave not resell$ from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. Practically, staff believes there is ample parking and in staffs opinion the tavern proposed is critical for sustaining the long-term viability of the center; will provide a complimentary use for other uses in the center which will assist those businesses and the property has impaired 5 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-892 USE VARIANCE TO ALLOW A TAVERN AT 4117 SHAMROCK LANE AND VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS FOR LIBERTY SQUARE SHOPPING CENTER AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON SUBJECT PROPERTY (LIBERTY SQUARE SHOPPING CENTER) visibility from Route 31 and is not as desirable from a retail standpoint. Additionally, there is an opportunity for shared parking with the professional office building. The shopping center recently has struggled and lost multiple tenants and this use will assist in revitalizing the center and capitalize on the public space which is the true essence and identity of the center. There are no uses similar to the proposed use in close proximity to this location however there is a large employment base within a mile radius (see attached business park map) which will provide a partial customer base. Staff Recommendation Prior to Public Hearing Approval of a Use Variance to allow a tavern at 4117 Shamrock Lane and any other variances required effectuating the aforementioned request on the Subject Property subject to the condition there is no outside service of food or alcohol or consumption of alcohol outdoors. Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Approval of a nine -space parking variance from the off-street parking requirements for Lots 1-3 (Liberty Square Shopping Center). Staff finds all requirements in Table 32 of the zoning ordinance have been satisfied. Attachments • Location Map • Map of McHenry Corporate Center, Inland Business Park and Tonyan Industrial Parl< and Centegra Campus • Application Packet 6 ILPLANNING AND ZONING COMMISSION STAFF REPORT Z-892 USE VARIANCE TO ALLOW A TAVERN AT 4117 SHAMROCK LANE AND VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS FOR LIBERTY SQUARE SHOPPING CENTER AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON SUBJECT PROPERTY (LIBERTY SQUARE SHOPPING CENTER) LOCATION MAP: LIBERTY SQUARE SHOPPING CENTER EPLANNING AND ZONING 0, SsjC 3TAFF REPORT Zw892 USE VARIANCE TO ALLOW A TAVERN AT 1117 SHAMROCK LANE AND VARIANCE FROM THE OFFwSTREET PARKING AND LOADING REC UIREMENTS FOR LIBERTY SQUARE 3HOPPING CENTER AND ANY OTHER VARIANCESEFFECTUATING : I SQUARErHE AFOREMENTIONED REQUEST ON SUBJECT PROPERTY LIBERTY . June i�711tii-lerurir �Gorn�rate �ea�tec. lnla�nc� Bu�iaaess and Tonvacs tnd�ts•Cai�E P�rC�_ Case No. 2.4892 Request for Zoning Variance and Use Variance BeerAbility Lake Zurich, LLC 4117 W Shamrock Lane BeerAbility Lake Zurich, LLC ("BeerAbility") and its affiliated entities operate craft beer taverns in Round Lake Heights, North Chicago and Lake Zurich (which will be opening later in 2016). BeerAbility recently executed a lease for the storefront at 4117 WShamrock Lanewhich is owned by GNS Properties LLC . ,. In order to operate as a craft beer tavern, BeerAbility needs to obtain a zoning variance for parking, as the current zoning does not permit the necessary number of spaces. However, ample parking exists for the planned use. In addition, BeerAbility needs to obtain a use variance to operate as a tavern in this specific rental unit. As the retail center already houses a restaurant (which serves alcohol] and a liquor store, the I ntei ded uSe vvi!! not alter in any vvay the fundamental use of the larger property in question. BeerAbility believes its ��nig11P mode! of craft beer offerings, heartyfood and video gaming entertainment will enhance the community through additional jobs, economic benefits to the city and a new place for residents to visit. a NS Properties LLC 27979 Converse Road Island Lake, IL 60042 Telephone (847) 341-0571 June 25 2016 This letter is to state that GNS Properties LLC is the owner of 4103-4117 West Shamrock Lane McHenry, IL 60050. GNS Properties LLC gives consent to the requested zoning and use of variances being submitted by 3eerAbility Lake Zurich, LLC. Please feel free to contact me should you have any further questions. Sincerely, wool 00 Gurbax Saini Member of GNS Properties LLC FORM A Planning and Zoning Commission City of McHenry File Number � 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 1. Name of Applicant eeP'Wr Z/"5' � ' v� L G C Tel �/'% - 74 0 Address 3 City l�,�C •fry StateZip `f 2. Name of Property Owner �/V,,a) /`� (If other than Applicant) Address % 7q 7 9 60h v, p 55 e 3. Name of Engineer (If represented) Address 4. 5. City Name of Attorney (If represented) Address Common Address or Location of Property 6. Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) / Conditional Use Permit Zoning Variance _Other State Zip T Fax el Fax Tel Fax 0 Zoning Variance —Minor Zoning Text Amendment v Use Variance *Definition of Minor Variance: A variance granted to the fee owner, contract purellaser- O'i o�Jtl�ii bcldel- of a Single-family detached Or attached dweling, oT single-family detached or attached building lot for that dwelling or lot. age o 7. Current Use of Property / /V ki � L 6. fit De 8. Current Zoning Classification of Property, Including Variances or Conditional Uses �1 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: East: West: �Z .P evE 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. �x 1. Application Fee (amount) $ S � 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 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description _ 10. List of Owners of all Adjoining Properties ✓ 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicants) Print Name and Designation of Applicants) File Number _�� ZONING VARIANCE Punning and Zoning Commission City of McHenry 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please resRond 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. The site has a variety of uses, and while it's a small retail center, the center shares parking with a professional_ office building and a bank. There is no room to expand parking on -site or adjacent thereto and practically, many of the uses complement one another as demands on parking for one use at one time are not the same for another use. Therefore opportunities for shared parking exist. Ample parking exists. 2 Circumstances Relate to Propert�y 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. As stated above, ample parking current exists, and will continue to exist in the future. 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 parry with interest in the property. The special circumstances that are the basis for a variance have not resulted from any act of the owner, GNS Properties LLC, or the tenant, Beel Ability Lake ZLtrich LLC. 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. Strict application of the provisions of the Zoning Ordinance would make it impossible to operate the planned business. 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. The variance will permit use of the empty space and available parking without conferring any special privileges. 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. Without the requested parking variance, the applicant will not be able to operate the intended business in this location. 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. The granting of the variance will not alter the character of the locality, property value or public safety. We provide a safe, well -maintained facility. 8 Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. Our establishment will operate in har��ony with the Comprehensive plan. of the pity. We provide a premium experience for all of our guests. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. The Variance we are seeking is the minimum required to operate our business. age File Number r2 2, USE VARIANCE Planning and Zoning Corntnission City of McHenry 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Faa: (815) 363-2173 Table 32(A) 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 unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. The property owner, GNS Properties LLC, has been unable to rent the applicant's space at 4117 W Shamrock for many years. The applicant, BeerAbility Lake Zurich, LLC, is in the business of operating craft beer taverns and would be unable io operate its primary business at the location without a variance. 2. Reasonable Return The property cannot yield a reasonable rehtrn if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. As stated above, the property owner has continually lost money due to maintenance and upkeep expenditures on this property without a tenant. The applicant has entered into a long-term lease to rectify this situation, but this lease is contingent on the ability to operate as a craft beer tavern. 3. Unique Circumstance Special circumstances exist that are peculiar to the propet•ty for which the use variance is sought. which do not apply generally to other properties in the same zoning district. The property has very limited visibility from the adjacent roadways as it is setback significantly from Shamrock Lane and the retail units individually are not visible to a driver on SR 31. This limited visibility affects the ability of businesses to thrive in this property; however, the applicant believes its requested use will be able to overcome the limited vislblity issue over time, of 2 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. The retail center currently includes an Italian restaurant which serves alcohol and a food and liquor store. Addition of a craft beer tavern would not change the character of the area in any way, but in fact would enhance the area by removing a vacant unit from the retail center. 5. 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' _ C 00 3 %z IF :�' Flo ` r - do a %: 4 ca — Or For JIFF cc - 1• t • O IMF- IF • • • • W E • • m m J � u a: F N J w ! w w 2 = � F- i ML* M" mmi • • I' M cm Too = _ _ U, CA V ��co Aid >mj i I �l SAN �z \ 4= lAw q R W X � 06m at, V i U N 1 o 0) co 0 LL DL v W O —J -� o m � W c 0:° O C� W Q- p can W m U . s �4 J V ca u a) ' V) O O > �' C� W LO cn +-+ — >, +-' N — Q) M U a) U L c6 o cn U a) cB a� 0 O f6 E O Q) U IE a) a� E E L a) _U o O How 0 14— O O Lmm i MacO m O N O O �_ a) ct� O LL o > �' �_ Ln o S.Q. o L N O O +� O Ln DL `'— = c6 O 0 �u a) 41 O � � O a) > — o a-' �' N �' U N o .V W so N o v v N a) s O O r6 ns cn V) S � � _ z r� s 0 p 0 V � z O d 13 v 0 Office of the City Administrator Derik Morefield, City Administrator 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Derik Morefield, City Administrator FOR: September 19, 2016 Regular City Council Meeting RE: Request for Class A Liquor License from BeerAbility Lake Zurich, LLC d/b/a BeerAbility located at 4117 W. Shamrock Lane and Ordinance increasing number of Class A liquor licenses in effect from 26 to 27. ATT: Application, Supporting Documentation and Proposed Ordinance AGENDA ITEM SUMMARY: Or. Jason Newman, President of BeerAbility Lake Zurich, LLC submitted an application for a Class A liquor license to operate BeerAbility located at 4117 W. Shamrock Lane in the Liberty Square retail center. The Class A license authorizes the sale of alcoholic liquors for consumption on premises and retail sale of packaged liquors. BACKGROUND: Mr. Newman owns and operates two BeerAbility locations in Round Lake Heights and North Chicago. Upon approval of the liquor license, IN Newman told staff he intends to add video gaming to the business though remains committed to maintaining his successful business plan, which is to operate a friendly neighborhood bar offering an extensive menu of craft beers, good food, sports entertainment, and a fun gaming environment. Examples of current Class A licensed businesses in McHenry are Vickie's Place, The Old Bridge Tavern, and Village Squire of McHenry. Mr. Newman is conversant with the Illinois Liquor Control regulations including new state requirements that went into effect on July 1st that require all employees of state liquor licensed businesses to obtain BASSET certification. He met with the Mayor, was successfully fingerprinted by McHenry Police, paid all associated fees, and all required documents were submitted. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest qua/ity of programs and services in acustomer-oriented, effrcient, and fiscally responsib/e manner. ANALYSIS: Staff contacted Round Lake Heights and North Chicago for references and was told by each agency that Mr. Newman is a welcomed member of the business community and a supporter of local community events, with no incidents or violations reported. A link to the business website is: http://beerabilitybar.com/. As identified in the previous agenda supplement regarding the granting of a Conditional Use for the proposed use, Mr. Newman has identified that it is his intent to apply for a State Video Gaming License upon receipt of the local liquor license to be able to offer video gaming at the establishment. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to: 1) grant a Class A liquor license as presented; and, 2) approve an Ordinance increasing the number of Class A liquor licenses from 26 to 27. License No. Date Issued Date Effective CITY OF MCHENRY APPLICATION FOR LIQUOR LICENSE UNDER CITY OF MCHENRY LIQUOR CONTROL ORDINANCE FISCAL YEAR 2016/2017 TO BE FILED WITH THE OFFICE OF THE MAYOR ALL LICENSES EXPIRE APRIL 30 FOLLOWING DATE OF ISSUANCE ��c�o� Fee Received r1 Date Received [ a. � � Receipt Issued On oZ. Check No. Cashier's Chk. Cert. Check Cash �ac�� o f ��n.� � �' �y �� NAME OF BUSINESS, ADDRESS, � TELEPHONE #.: E �y�-� ��s �-�� 1. Please mdicate form of ownership: CORPORATION _PARTNERSHIP INDIVIDUAL/SOLE PROP. 2. 3. 4. 5. 6. 7 f� 9. IF CORPORATION Corporation Name: Corporate Address: Corporate Phone Number: State of Incorporation: IF PARTNERSHIP: Name: Corporate Address: Corporate Phone Number: State of Incorporation: IF INDIVIDUALlSOLE PROP: Applicant's Full Name: Date of Birth: Residence Address: �� Lr..�- Home Phone: Business Phone: EA4AIL: Citizen of U.S.? If a naturalized citizen, when and where naturalized? Court in which (or law under which) naturalized: (A) If Applicant is a PARTNERSHIP, give name and address of all partners holding 5% or more of the partnership interest: (B) If Applicant is CORPORATION, give name, address and telephone number of owners holding 5% or more shares and registered agent: ��y�,� Ire 2016 PAGE TWO 10. If Applicant and Local Manager are not the same, give name, address and telephone number of Loca! Manager: Local Manager's: Date of Birth: 11 Principal Type of Business: ,(�lD��`�� 12. What is current zoning for this property? ®"�-- 13. Type of License Sought: 14. Date on which business was begun at this location Place of Birth: Citizen of U.S.? 15. Does applicant own premises for which license is sought? �If not, state name and address of owner and attach copy of executed lease. ®�2-V� � r c� � � � � �)i ��t � 1� � ! ��Q I'Z � L.11 �LC _:g_Z �1 QO L-F� 16. If property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church, school (except institutions of higher education), hospital, home for aged or indigent persons or for veterans and their families or any military or naval station? �� A. If answer to the above is "YES", is the applicant's place of business a hotel offering restaurant service, a regularly organized club, a food shop or other place where the sale of liquor is to the principal business? If yes, how long has place of business been in operation? 18. If applicant has ever engaged in the business or sale of al�cloholic liquor at retail, list address of all locations (may attach supplemental sheet). 19. Illinois State Liquor License Number:��-�lo'�Ce�E�� '`� il� "�1�,��A�ched copy of State Liquor License Certificate:✓ 20. Give applicant's Retailer's Occupations( tax (ROT) Registration Number: 21. Are you delinquent in the payment of the Retailer's Occupational Tax (Sales Tax), and if so, the reasons therefore: �� 22. If this application is for a new license or a Transferred license, attach to this Application a copy of Applicant's balance sheet and operating statement for the past three years, or if not available, other proof of financial responsibility. ilP+2 G-� 23. State name and address of dram shop insurance company for both the licensee and owner of the building in which the alcoholic liquor will be sold for the duratio of the license AN® attach a copy of the declaration page showing the insured parties and amounts of coverage. j�'C' 0.-�IA c {'ie� %� / 24. Describe parking facilities available to the business: ��.f r�� r �'��tc�� /�f� r� r� � uc� `r��, 25. Are you familiar with all the laws of the Unit,States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor; and will you abide by them? � — 26. Will you maintain the entire remises in a safe, clean and sanitary manner free from conditions, which might cause accidents? ;� S 27. 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? '�°�� 28. 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? %�% � If answer is "YES", give particulars: 29. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation or the loca_I rp� Hager, or in the case of partnership, any of the partners, ever been convicted of any violation of any law pertaining to alcoholic liquors? N answer is "YES", explain: 30. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation and the local manager, or in the case of a partnership, any of the partners, ever been convicted of either a felony or a misdemeanor? JU � If so, please describe: �� 31. Is any individual who is directly or indirectly interested in applicant's place of business, slaw -enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)? r`V If so, please state name and address of such person: 2016 PAGE THREE 32. List your occupation or employment with addresses thereof for the past 10 years (if partnership or corporation, list same information for each partner and the local manager —(please attach). jG'E' cefl-ctcloec� 33. 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)? /'r� If so, give all details: 34. Has any owners) or members) 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? � � 35. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? / �� 36. Have you, or any partner, or owner of 5% or more shares of the corporation or local manager, ever had a liquor license revoked or suspended? 4l-�a 37. If so, give all details, including location of the licensed property (please attach). CAUTI®6J: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license and/or the issuance of a fine. Igo person holding a license issued by the Gity of McHenry shall, in the conduct of the licensed business or upon the licensed premises, either directly or through the agents or employees of the licensee: i . Violate or permit. a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council how ever; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m. to 4:30 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic beverages (not including packaged liquor sales); or (b) alcoholic beverages in non -original containers, such as plastic cups. Only original containers, such as cans, bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code, to take place on the licensed premises or on, about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholi c beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. *******:�**�****��*********��:�**��***,�*�********�*�*********�***:��*�*��:�***��************�*,�****:��******�:�*******t************�**�*�****�***�,:**�*�**************�* 2016 PAGE FOUR AFFI®AVIT STATE OF ILLINOIS ) ) ss COUNTY OF MCHENRY ) 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. SOLE PROPRIETOR: Signature of Applicant PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title CORPORATION: (Authorized Agent of the Corporatio _ � Signature Print Name Title MANAGER: Signature of Local Manager Print Name Subscribed and sworn to before me this day of NOTARY PUBLIC Subscribed and sworn to before me this day of NOTARY PUBLIC 20 20 JILL SEPULVEDA OFFICIAL SEAL Notary Public, State of Illinois My Commission Expires March 17, 2019 Subscrib-eyd and sworn to before me this �� t � day of ��'L'� Subscribed and sworn to before me this day of 20�i.v �0 2016 NOTARY PUBLIC Early Bird Speeial Breakfast Sandwich, Hash browns, Mini Scone and Hot Coffee, $1.99 Side Salad Mixed greens, tomato, and croutons Blue cheese, Ranch, Caesar, Olive oil and Balsamic reduction Caesar Salad $3.99 add chic9rzn add $1.00 Guinness Brat Ka -Bob & Sidewinder Fries $4.99 B-A's Best Wings Buffalo, Barbeque, Teriyaki, Garlic Parmesan with Bleu cheese or Ranch and Celery, $6,99 Sam Adams Bavarian Pretzel Merkts Cheddar Cheese and Dusseldorf Mustard, $ 6,99 Cheese Board Assorted Cheeses, Dried Fruit, Nuts and Cured Meat, $7.99 Flat Breads Caprese $ s.99 Tomato, Fresh Mozzarella, Basil, Balsamic Reduction Barbeque Chicken $ 9.99 Pulled Chicken, House BBO Sauce, Mixed Greens Buffalo Chicken $9.99 Pulled Chicken, Mozzarella, Buffalo Sauce, Bleu Cheese and Mixed Greens Caesar Chicken $ 9.99 Pulled Chicken, Mozzarella, Caesar Dressing and Mixed Greens Meat Lovers $10.99 Mozzarella, Sausage and Pepperoni Build your own! Ask Your Beertender for details! BeerAbility Chili Cheddar Jack Cheese and Sour Cream $4.99 Soup of the Season $4.99 Coney and Hard Root Beer Float Big Enough To Share Thanks for spending your time with us!!! B�rAb�lity Like us on Facebook and follow us on Beermenus.com ORDINANCE NO. MC46- AN ORDINANCE Increasing number of Class A Liquor Licenses (BeerAbility) WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION l: Section 4-6(1) of the Municipal Code relating to liquor license classifications is hereby amended by decreasing the number of Class "A" Liquor Licenses from twenty-six (26) to twenty-seven (27). SECTION 3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 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 and APPROVED this 19th day of September 2016. Voting Aye: Voting Nay: Absent: Not Voting: Abstaining: ATTEST: City Clerk Mayor ►►+ Department of Community & Economic Development vMcHenry Municipal Center 333 Green Street McHenry, Illinois 60050 cHe r Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FOR: September 19, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Use Variance to allow a restaurant located at 335-337 Front Street serving alcohol with outdoor seating, service and consumption of food and alcohol outdoors at Fountain Shoppes Shopping Center (courtyard area) and Variance from the Off -Street Parking and Loading Requirements for Fountain Shoppes of McHenry Shopping Center ATT: 1. Location Map 2. Planning and Zoning Commission Minutes dated June 22, 2016 3. Ordinance approving a Use Variance to allow a restaurant located at 335-337 Front Street serving alcohol with outdoor seating, service and consumption of food and alcohol outdoors at Fountain Shoppes Shopping Center (courtyard area) and Variance from the Off -Street Parking and Loading Requirements for Fountain Shoppes of McHenry Shopping Center 4. Application Packet AGENDA ITEM SUMARY: The City Council is being asked to consider a Use Variance to allow a restaurant located at 335- 337 Front Street serving alcohol with outdoor seating, service and consumption of food and alcohol outdoors at Fountain Shoppes of McHenry Shopping Center (courtyard area) and Variance from the Off -Street Parking and Loading Requirements for Fountain Shoppes of McHenry Shopping Center. BACKGROUND: The applicant, Mr. Jonathan Descher, is proposing to open a family -owned restaurant, Addison's Steakhouse, in 335/337 Front Street (depicted below) which consists of 2,458 square feet. As detailed in the applicant's narrative he has extensive experience in the restaurant industry. The requested actions are: use variance to allow a restaurant with outdoor seating including service of food and alcohol outside, variance from the off-street parking and loading cHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us requirements and any other variances required effectuating the aforementioned request on the Subject Property. Below is a current depiction of the uses at the Fountain Shoppes of McHenry. Opaque Vape recently signed a lease and is located at the southern end cap of the center and Lucky Louise's is a recent tenant which occupies 341 Front (northern end cap). 319 Front I Opaque � -;I � Vape ty > rn ` M 1,584 SF 0....-....-. ANALYSIS: 329 Front 335-337 >• CL Front 341 Front Vacant ?� Proposed eq M Lucky 2 = Addison's� tO eSteakhouse - , ouise' I I Addison's' Steakhouse 1 cHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us The proposed use variance for food and alcohol service and consumption outdoors is ideally suited for the subject property and the fountain provides an ideal centerpiece which accentuates and provides a focal point for the outdoor space. The outdoor seating area will be located immediately east of the fountain and includes eleven tables and provides seating for 40 people. An existing knee -wall surrounds the outdoor space and an entry gate will be constructed at the opening at the location depicted below. Proposed Entry Feature Location Proposed Outdoor Seating Area Looking West at the Fountain Although the proposed restaurant is not immediately adjacent, the center contains a wider 7-8' sidewalk which will allow servers to access the outdoor area and patrons to utilize existing stores within the center. Access to 329 Front, located immediately behind or to the west of the fountain will be maintained and an approximately 5' walking area will exist within the outdoor seating area so patrons do not have to walk around the area. Existing outdoor cameras and cameras installed within the interior of the restaurant will be utilized to monitor the outdoor dining area. Multiple benches exist around the outdoor space currently. 2 v � cHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Proposed Outdoor Seating Area Looking Southeast towards the Parking Lot Proposed Outdoor Seating Area Looking Northwest (Centegra unit adjacent to north) 3 cHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us View looking east from 329 Front Unit and Outdoor Seating Area to East of Fountain Below are the outdoor seating provisions included in the zoning ordinance and highlighted are the regulations which require the requested use variance. In today's restaurant industry -all restaurants require some type of outdoor seating in order to maximize their success and the proposed location, with accompanying fountain provides an ideal setting. The use variance is required to allow the service of food and alcohol outdoors and to allow the restaurant to operate with outdoor seating past 10:00 p.m. Staff does not have any concerns with the outdoor seating as -proposed provided all the requirements for outdoor seating as stipulated below are met, and with the installation and monitoring of the outdoor seating area with cameras, providing adequate ingress/egress for patrons throughout the courtyard and along the sidewalk adjacent to the other businesses and ensuring the courtyard area is adequately lit will address all staff's safety concerns. Outdoor Seating (MC-15-1113) a. Application form for an Outdoor Seating Permit shall be submitted which identifies business name, address, PIN, zoning designation, name/address/phone/fax/email of applicant and property owner. 4 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us b. A dimensioned site plan indicating the number and location of the tables (including table measurements), chairs, trash receptacles and any other related elements. c. A separate "Waiver of Liability" form signed by the business owner, and in the case of leased property, the property owner for outside seating on public property, or alternatively a "Waiver of Liability" provision shall be included on the Outdoor Seating Permit Application. d. Once an Outdoor Seating Permit is issued, it shall remain active until such time as the requesting business ceases to exist. In other words, it does not have to be renewed annually. The Outdoor Seating Permit shall include a statement that authorizes the City to revoke the permit if any of the established conditions are not met. e. Establishments with existing outdoor seating and/or with an existing conditional use permit which addresses outdoor seating, service of food and/or alcohol, outdoor preparation of food and/or live entertainment and/or dancing may be permitted to continue to exist however any changes proposed by any of those establishments in the future will require submittal of an Outdoor Seating Permit application as defined herein and all conditions included herein shall be met which may include a variance and/or amendment to an existing ordinance if applicable. f. Approved ingress and egress to and from a building must be maintained as required by the City currently adopted building code. g. Preparation and service of food outside is prohibited. h. Service and consumption of alcohol outside is prohibited. i. Outdoor seating must be located on a hard surface such as asphalt, concrete, brick or wood. j. Outdoor seating is prohibited within a required landscape island or area. k. Outdoor seating located adjacent to a vehicular parking area or driving aisle shall be separated by a physical barrier (fence, gate, landscape planter, etc.) I. A $25 permit fee shall be required for any establishment seeking an Outdoor Seating Permit in accordance with the recommended provisions included herein. m. An inspection shall be required following Outdoor Seating Permit review and prior to use of outdoor seating. 5 v � cHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us n. Sidewalks shall not be reduced to a clear usable width of less than 48-inches. o. Pedestrian and motor vehicle vision clearance must not be blocked at intersections, driveways, doors and signage. This includes the use of appurtenances (umbrellas, etc.) p. Tables, chairs and other related items utilized in conjunction with an outdoor seating area shall be appropriately secured in the case of high winds. q. Operation of outdoor seating area is only permitted when the business for which the Outdoor Seating Permit was issued is open but in no instance prior to 7:00 AM or after 10:00 PM. (MC-15-1113) r. Outdoor seating on public property must be removed during hours that it is not being utilized. s. The use of signage, pennants, banners, flags (other than American), lighting, electric amplification or noise -making devices is prohibited. t. No electrical appliances or open flame devices shall be located or utilized within the outdoor seating area however the use of "infrared -style" heaters is permitted in accordance with any applicable testing organization (UL) or other listing and in accordance with the manufacturer's specifications. u. Outdoor seating on public property shall be immediately removed by the business owner any time the City Administrator or his/her designee, determines that a clear sidewalk is needed because of traffic, street cleaning, snow or ice removal, maintenance, utility work, crowd control, parade, emergency, or in the case of violation of any of the above conditions included in this section. Use Variances must satisfy criteria based upon the following: practical difficulties or particular hardship; reasonable return; unique circumstances; not altering local character and consistent with the comprehensive plan. The existing outdoor seating area has already being fully established by a decorative knee -wall. Staff has no concerns with this request and believes the new business will be more of a destination -oriented place than an impulse business, although being located on a major arterial the location is ideal for either. [1 ►►+ Department of Community & Economic Development vMcHenry Municipal Center 333 Green Street McHenry, Illinois 60050 cHe r Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Variance from the Off -Street Parking and Loading Requirement PARKING FOR SHOPPING CENTERS The number of parking spaces required for retail and personal service uses located in a shopping center shall be as provided for shopping centers in Table 13 rather than the sum of the spaces required for the individual uses. Except that the number of spaces for restaurants, taverns, and drive-in facilities located in a shopping center, and for any establishment occupying over 50 percent of the gross leasable area of the center, shall be as provided in Table 13 for these individual uses and shall be added to the number of spaces required under the provisions for shopping centers for the balance of the uses in the center. The base parking requirement for a shopping center of this size, approximately 16,200 square feet, is 4 parking spaces/1,000 square feet of building floor area plus additional spaces for the two restaurant uses (Lucky Louise's and Addison's Steakhouse). The applicant is seeking a variance from the off-street parking and loading requirements. Currently the Fountain Shoppes has 109 parking spaces and 122 are required. The applicant is required to have 52 parking spaces; Lucky Louise's requires 28 and the rest of the uses in the center require 42. The shopping center was constructed in 1998 and has had several restaurant uses over its history. At the time it was constructed the city's current zoning ordinance required 20 spaces/1,000 square feet for all restaurant uses and since that time was amended and sit down restaurants now require 25 spaces/1,000 square feet of net floor area. Staff believes the center has much more parking than is actually used on different days and different times mainly because it's a center with a diversity of businesses and clientele, and peak hours vary from business to business. Below are the approval criteria which must be satisfied for the variance request. As stated in the narrative the applicant's restaurant will not open until 4:00 p.m. on weekdays and 11:00 a.m. on weekends. The other uses in the center have varying hours therefore there is a lot of opportunity for shared parking. Additionally, there are over forty (40) parking spaces to the west of the building in the rear which are never fully utilized. Practically, staff believes, for the aforementioned reasons there is ample parking and in staff's opinion the restaurant proposed is critical for sustaining the long-term viability of the center; will provide a complimentary use for other uses in the center which will assist those businesses; the property is setback considerably from Route 31 and is not as desirable from a retail standpoint than the adjacent center to the south. The proposed use is a destination and the shopping center recently lost multiple tenants and this use will assist in revitalizing the center and capitalize on the public space which is the true essence and identity of the center. 7 v � cHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us In addition, as identified in Mr. Descher's request and included documentation, the proposed use will include the service of alcohol upon approval of a liquor license and, upon issuance of a local liquor license it is his intent to request a Video Gaming License from the State. The liquor license request follows this agenda item and is conditioned upon the approval of this Use Variance. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously (6-0) recommended approval of a Use Variance to allow a restaurant at 335-337 N Front Street with outdoor seating, including service of food and alcohol outside as well as operating of the restaurant with seating outdoors past 10:00 p.m. subject to the following conditions: • Interior cameras shall be installed within 335/337 N Front which will allow employees to monitor the outdoor seating area at all times; • All other provisions of the outdoor seating ordinance shall be met; • Outdoor seating area shall maintain existing lighting and be in compliance with the city's outdoor lighting ordinance; • Gate shall be installed at the entrance to the courtyard area to provide a physical separation between the parking area and courtyard area; • Outdoor seating, including tables and seats and sizes, shall be consistent with those included in the application packet And: Approval of a 13 space parking variance at the Fountain Shoppes Shopping Center. RECOMMENDATION: If the City Council concurs it's recommended the attached ordinance granting a Use Variance to allow a restaurant with outdoor seating including service of food and alcohol outside as well as operating of the restaurant with seating outdoors past 10:00 p.m. at 335-337 Front Street subject to the following conditions: • Interior cameras shall be installed within 335/337 Front which will allow employees to monitor the outdoor seating area at all times; • All other provisions of the outdoor seating ordinance shall be met; • Outdoor seating area shall maintain existing lighting and be in compliance with the city's outdoor lighting ordinance; W Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Gate shall be installed at the entrance to the courtyard area to provide a physical separation between the parking area and courtyard area; • Outdoor seating, including tables and seats and sizes, shall be consistent with those included in the application packet And: A 13 space parking variance at the Fountain Shoppes Shopping Center be approved. 17 cHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us LOCATION MAP: FOUNTAIN SHOPPES OF MCHENRY 10 v � cHenr City of McHenry Planning and Zoning Commission Minutes June 22, 2016 Public Hearing: Jonathan Descher Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Variance from the Off -Street Parking and Loading Requirements for Fountain Shoppes of McHenry Shopping Center (313-341 Front St.) and Use Variance to allow a restaurant serving alcohol with outdoor seating, service and consumption of food and alcohol outdoors at Fountain Shoppes (courtyard area) and restaurant located at 335-337 Front Street Vice Chairman Thacker called the Public Hearing to order at 7:35 p.m. regarding File No Z-894, an application for a Use Variance to allow a restaurant with outdoor seating including service of food and alcohol outside, variance from the off-street parking and loading requirements and any other variances required effectuating the aforementioned request for the property located at Fountain Shoppes of McHenry Shopping Center, 313-341 Front St. Vice Chairman Thacker stated Notice of the Public Hearing was published in the Northwest Herald on June 4, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Jonathan Descher, 612 Wimbleton Tr., McHenry, IL 60050, who was sworn in by Vice Chairman Thacker. Mr. Descher provided a summary of the request before the Commission at this Hearing stating he is the former owner of Twisted Moose Restaurant and is now hoping to own and operate a smaller -scale steakhouse called Addison's Steakhouse along with a sports lounge in the bar area and is requesting variances in order to operate in Fountain Shoppes Shopping Center. Want to open a small scale steak house rustic feel want outdoor seating and serve food and alcohol in the courtyard area. One camera there now and will be monitored from inside the restaurant and need a parking variance based on City ordinance. Hours of operation will be different than other establishments in the center so it will not affect the other businesses. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the applicant is proposing to open a family -owned 11 v � cHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us bistro/steakhouse restaurant, Addison's Steakhouse, in 335/337 Front Street consisting of 2,458 square feet. The requested actions are: use variance to allow a restaurant with outdoor seating including service of food and alcohol outside, variance from the off-street parking and loading requirements and any other variances required effectuating the aforementioned request on the Subject Property. The proposed use variance for food and alcohol service and consumption outdoors is ideally suited for the subject property and the fountain provides an ideal centerpiece which accentuates and provides a focal point for the outdoor space. The outdoor seating area will be located immediately east of the fountain and includes eleven tables and provides seating for 40 people. An existing knee -wall surrounds the outdoor space and an entry gate will be constructed at the opening in the knee -wall that faces the parking lot. Although the proposed restaurant is not immediately adjacent, the center contains a wider 7-8' sidewalk which will allow servers to access the outdoor area and patrons to utilize existing stores within the center. Access to 329 Front, located immediately behind or to the west of the fountain will be maintained and an approximately 5' walking area will exist within the outdoor seating area so patrons do not have to walk around the area. Existing outdoor cameras and cameras installed within the interior of the restaurant will be utilized to monitor the outdoor dining area. The outdoor seating provisions included in the zoning ordinance listed below are the regulations which require the requested use variance: Preparation and service of food outside is prohibited. Service and consumption of alcohol outside is prohibited. Operation of outdoor seating area is only permitted when the business for which the Outdoor Seating Permit was issued is open but in no instance prior to 7:00 AM or after 10:00 PM. In today's restaurant industry, all restaurants require some type of outdoor seating in order to maximize their success and the proposed location, with accompanying fountain provides an ideal setting. The use variance is required to allow the service of food and alcohol outdoors and to allow the restaurant to operate with outdoor seating past 10:00 p.m. Staff does not have any concerns with the outdoor seating as proposed provided all the requirements for outdoor seating required are met, and all staff's safety concerns have been addressed in the proposal with the installation and monitoring of the outdoor seating area with 12 v � cHenr OWW Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us cameras, providing adequate ingress/egress for patrons and ensuring the courtyard area is adequately lit. Staff believes the new business will be more of a destination -oriented place than an impulse business, although being located on a major arterial the location is ideal for either. The base parking requirement for a shopping center of this size, approximately 16,200 square feet, is 4 parking spaces/1,000 square feet of building floor area plus additional spaces for the two restaurant uses (Lucky Louise's and Addison's Steakhouse). The applicant is seeking a variance from the off-street parking and loading requirements. Currently the Fountain Shoppes has 109 parking spaces and 122 are required. The applicant is required to have 52 parking spaces; Lucky Louise's requires 28 and the rest of the uses in the center require 42. The shopping center was constructed in 1998 and has had several restraint uses over its history. At the time it was constructed the city's current zoning ordinance required 20 spaces/1,000 square feet for all restaurant uses and since that time was amended and sit down restaurants now require 25 spaces/1,000 square feet of net floor area. Staff believes the center has much more parking than is actually used on different days and different times mainly because it's a center with a diversity of businesses and clientele, and peak hours vary from business to business. The approval criteria which must be satisfied for the variance request were presented. The applicant's restaurant will not open until 4:00 p.m. on weekdays and 11:00 a.m. on weekends. In staff's opinion the restaurant proposed is critical for sustaining the long-term viability of the center; will provide a complimentary use for other uses in the center which will assist those businesses; the property is setback considerably from Route 31 and is not as desirable from a retail standpoint as the adjacent center to the south. The proposed use is a destination and the shopping center recently lost multiple tenants and this use will assist in revitalizing the center and capitalize on the public space which is the true essence and identity of the center. Director of Economic Development Martin stated Staff is recommending approval of a Use Variance to allow a restaurant with outdoor seating including service of food and alcohol outside as well as operating of the restaurant with seating outdoors past 10:00 p.m. and any other variances required effectuating the aforementioned request on the Subject Property subject to the following conditions: • Interior cameras shall be installed within 335/337 N Front which will allow employees to monitor the outdoor seating area at all times; 13 v � cHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • All other provisions of the outdoor seating ordinance shall be met; • Outdoor seating area shall maintain existing lighting and be in compliance with the city's outdoor lighting ordinance; • Gate shall be installed at the entrance to the courtyard area to provide a physical separation between the parking area and courtyard area; • Outdoor seating, including tables and seats and sizes, shall be consistent with those included in the application packet and Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied; and Staff is also recommending approval of a 13-space parking variance from the off-street parking requirements at 335-337 N Front Street, and Staff finds all requirements in Table 32 of the zoning ordinance have been satisfied. Vice Chairman Thacker invited questions and/or comments from the Commission. Commissioner Meyer asked if the outdoor seating is required to be included in the square footage given for the restaurant. Director of Economic Development Martin stated it is required but it should be considered. Commissioner Meyer inquired as to the hours of operation. Mr. Descher stated they will be open during the week from 5-11 p.m. and on weekends (Saturday and Sunday) 11 a.m. — 11 p.m. Commissioner Meyer asked if the tables and chairs in the courtyard will be left outside or put away each night after closing. Mr. Descher stated they plan to leave the courtyard furniture in place outside after closing hours. Commissioner Sobotta asked if Centegra in the shopping center had open hours on Saturday. Mr. Descher stated he did not believe they do. Commissioner Miller asked if Mr. Descher has spoken with the property manager about noise and maintenance of the courtyard fountain. Suzanne Cannon, owner of Fountain Shoppes of McHenry Shopping Center, 3418 Waukegan Rd., McHenry, IL 60050 was sworn in by Vice Chairman Thacker to address Commissioner Miller's question. Ms. Cannon stated all outdoor seating will be in front of the fountain and a distance from the fountain. The fountain will also be controlled during adverse weather conditions to avoid overspray and excessive noise. Ms. Cannon stated Mr. Descher will be trained on how to adjust the height and spray of the fountain, as well. It is an owner occupied shopping center and their employees will be trained on fountain maintenance also. The chemical smell will be monitored and is not expected to upset the dining experience. The fountain is sometimes loud but Ms. Cannon stated it will be behind the seating area and should not disrupt diners. 14 v � cHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Commissioner Thacker asked if the outside dining area will be designated non-smoking. Mr. Descher stated smoking will not be allowed in the courtyard dining area. Commissioner Doherty opined a steakhouse is a great idea and will be a nice addition to the shopping center and the City. Vice Chairman Thacker opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Vice Chairman Thacker closed the public comment portion of the hearing at 7:45 p.m. Motion by Doherty, seconded by Meyer, to recommend to the City Council with regard to File No. Z-894, approval of a Use Variance to allow a restaurant with outdoor seating including service of food and alcohol outside as well as operating of the restaurant with seating outdoors past 10:00 p.m. and any other variances required effectuating the aforementioned request on the Subject Property subject to the following conditions: • Interior cameras shall be installed within 335/337 N Front which will allow employees to monitor the outdoor seating area at all times; • All other provisions of the outdoor seating ordinance shall be met; • Outdoor seating area shall maintain existing lighting and be in compliance with the city's outdoor lighting ordinance; • Gate shall be installed at the entrance to the courtyard area to provide a physical separation between the parking area and courtyard area; • Outdoor seating, including tables and seats and sizes, shall be consistent with those included in the application packet Be granted, and Staff finds all requirements in Table 32(A) of the zoning ordinance have been met; Voting Aye: Doherty, Miller, Meyer, Sobotta, Walsh, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Strach. Motion carried 6-0; and 15 cHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Motion by Sobotta, seconded by Meyer, to recommend to the City Council with regard to File No. Z-894, approval of a 13-space parking variance from the off-street parking requirements at Fountain Shoppes of McHenry Shopping Center, 313-341 Front Street, be granted, and Staff finds all requirements in Table 32 of the zoning ordinance have been met. Voting Aye: Doherty, Miller, Meyer, Sobotta, Walsh, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Strach. Motion carried 6-0. Vice Chairman Thacker closed the Public Hearing regarding File No. Z-894 at 7:50 p.m. 16 cHen r ORDINANCE NO 16- Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW RESTAURANT SERVING ALCOHOL WITH OUTDOOR SEATING, SERVICE AND CONSUMPTION OF FOOD AND ALCOHOL OUTDOORS AND A VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS FOR THE FOUNTAIN SHOPPES OF MCHENRY SHOPPING CENTER 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 Jonathan Descher 612 Wimbelton Trail McHenry, IL 60050 (Applicant") requesting a Use Variance to allow a restaurant, located at 335-337 Front Street, serving alcohol with outdoor seating, service and consumption of food and alcohol outdoors at a and a Variance from the Off -Street Parking and Loading Requirements at the Fountain Shoppes of McHenry Shopping Center legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 22, 2016 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Use Variance and Variance (6-0); and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit and Variance 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 335-337 located on the SUBJECT PROPERTY is hereby granted a Use Variance to allow a restaurant serving alcohol with outdoor seating past 10:00 p.m., service and consumption of food and alcohol outdoors at the SUBJECT PROPERTY (courtyard area) subject to the following conditions: 17 v � cHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Interior cameras shall be installed within 335/337 N Front which will allow employees to monitor the outdoor seating area at all times; • All other provisions of the outdoor seating ordinance shall be met; • Outdoor seating area shall maintain existing lighting and be in compliance with the city's outdoor lighting ordinance; • Gate shall be installed at the entrance to the courtyard area to provide a physical separation between the parking area and courtyard area; • Outdoor seating, including tables and seats and sizes, shall be consistent with those included in the application packet SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1 For reasons fully set forth in the written findings, 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 unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2, The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3. 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. 4. 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. The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. SECTION 3: That the SUBJECT PROEPRTY is hereby granted a 13-space variance from the off-street parking and loading requirements. v � cHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 4: In granting said Variance the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 19 cHenr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2016 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS ATTEST: CITY CLERK DAY OF 12016 20 MAYOR r PARCEL 1: THE NORTH HALF OF THE FOLLOWING DESCRIBED PREMISES: THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE $ EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING ON THE WESTERLY SIDE OF THE STATE HIGHWAY, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 35; THENCE SOUTHERLY ON THE WEST LINE OF SAID SECTION 35, 1010.24 FEET FOR A PLACE OF BEGINNING; THENCE EASTERLY ON A LINE PARALLEL WITH THE EAST AND WEST QUARTER SECTION LINE, 658.69 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE STATE HIGHWAY (NOW KNOWN AS ROUTE 31); THENCE SOUTHERLY ON THE WEST LINE OF SAID STATE HIGHWAY, 310.42 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE WESTERLY ON SAID SOUTH LINE THEREOF; 666.18 FEET TO THE WEST LINE OF SAID SECTION; THENCE NORTHERLY ON SAID SECTION LINE, 311.46 FEET TO THE PLACE OF BEGINNING, (EXCEPTING THEREFROM THE NORTH 60 FEET THEREOF; AND ALSO EXCEPTING THEREFROM THE WEST 420.00 FEET, EXCEPT THE NORTH 60 FEET THEREOF), IN MCHENRX COUNTX, ILLINOIS. ALSO i ` PARCEL 2: THE SOUTH HALF OF THE FOLLOWING DESCRIBED PREMISES: PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE S EAST OF THE THIRD PRINCIPAL MERIDIAN+ LYING ON THE WESTERLY SIDE OF THE STATE HIGHWAY, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF. SECTION 35; fiHENCE SOUTHERLY ON THE WEST LINE OF'.SAID SECTION 35, 1010.24 FEET FOR A PLACE OF BEGINNING; THENCE EASTERLY ON A LINE PARALLEL WITH THE EAST AND WEST QUARTER SECTION LINE, 656.69. FEET TO AN INTERSECTION WITH THE WEST LINE OF THE STATE HIGHWAY (NOW KNOWN AS ROUTE 31); THENCE SOUTHERLY ON THE WEST LINE OF SAID STATE HIGHWAY, 310.42 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE SOUTH LIIv� OF T'HE NORT'H"WEST QUARTER OF THE SG"t3TH�rVES1 QUARTER C5F SAID SECTION 35; THENCE WESTERLY ON SAID SOUTH LINE THEREOF, 666.18 FEET TO THE WEST LINE OF SAID SECTION; THENCE I30RTiiERLY ON SAID 5ECTION LINE, 311.46 FEET fi0 THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. ALSO . PARCEL 3: THE NORTH 60 FEET OF THE NORTH HALF OF. THE FOLLOWING DESCRIBED PREMISES: PART. THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING ON THE WESTERLY SIDE OF THE,STATE HIGHWAY, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 35; THENCE SOUTHERLY ON THE WEST LINE OF SAID SECTION 35, 1010.24 FEET FOR A PLACE OF BEGINNING; THENCE EASTERLY ON A LINE PARALLEL WITH THE EAST AND WEST QUARTER SECTION LINE, 658.69 FEET TO AN INTERSECTION WITH TFiE WEST LINE OF THE STATE HIGHWAY (NOW KNOWN AS ROUTE 31); THENCE SOUTHERLX ON THE WEST LINE OF SAID STATE HIGHWAY, 310.42 FEET, MORE OR LESS, TO AN .INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QIIARTER OF SAID SECTION 35; THENCE WESTERLY ON SAID SOUTH LINE THEREOF, 666.18 FEET TO THE WEST LINE OF SAID SECTION; THENCE NORTHERLY ON SAID SECTION LINE, 311.46 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. ALSO PARCEL 4: THE WEST 420.00 FEET OF THE NORTH HALF .OF THE FOLLOWING DESCRIBED REAL ESTATE: THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING ON THE WESTERLY SIDE OF THE STATE HIGHWAY, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 35;� THENCE SOUTHERLY ON THE WEST LINE OF SAID SECTION 35, 1010.24 FEET FOR A PLACE OF BEGINNING; THENCE EASTERLY ON A LINE PARALLEL WITH THE EAST AND WEST QUARTER SECTION LINE, 658.69 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE STATE HIGHWAY (NOW KNOWN AS ROUTE 31); THENCE SOUTHERLY ON THE WEST LINE OF SAID STATE HIGHWAY, 310.42 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE SOUTH LINE OF fiHE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE WESTERLY ON SAID SOUTH LINE THEREOF, 666.18 FEET TO THE WEST LINE OF SAID SECTION; THENCE NORTHERLY ON SAID SECTION LINE{ 311.46 FEET TO THE PLACE OF BEGINNING, (EXCEPTING THEREFROM THE NORTH 60 FEET THEREOF), IN MCHENRY COUNTY, ILLINOIS. McHenry County Recorder# 2009R0002676 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-894 USE VARIANCE TO ALLOW A RESTAURANT WITH OUTDOOR SEATING, INCLUDING SERVICE OF FOOD AND ALCOHOL OUTSIDE, VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON THE PROPERTY LOCATED AT 335 AND 337 N FRONT STREET (ILLINOIS ROUTE 31)] Applicant Jonathan Descher 512 Winbleton Trail McHenry, IL 60050 Requested Actions Use Variance to allow a restaurant with outdoor seating including service of food and alcohol )utside, variance from the off-street parking and loading requirements and any other variances required effectuating the aforementioned request on the Subject Property Site Information Location and Size of Property The property is located at 335 and 337 N Front Street (,Illinois Route 31), within the Fountain Shoppes of McHenry Shopping Center and consists of approximately 4.75 acres Adjacent Zoning and Land Use North: RS-3 Medium -High Density Single -Family Residential; Parking Lot/Vacant South C-5 Highway Commercial District; Retail Business and Self -Storage Facility East RS-3 and 0-1 Local Office; Single -Family Residential and Office Use West: I-1 Industrial; Vacant Land Compreii^ciiSiVe Plan vesi€;iiati�ii Commercial Existing Zoning and Land Use The subject property is zoned C-5 Highway Commercial District and contains a 16,203 square - foot shopping center constructed in 1998 with approximately 109 parking spaces, featuring an outdoor fountain. Background and Description of Request The applicant is proposing to open afamily-owned restaurant, Addison's Steakhouse, in 335/337 Front Street (depicted below) which consists of 2,458 square feet. As detailed in the applicant's narrative he has extensive experience in the restaurant industry. The requested actions are: use variance to allow a restaurant with outdoor seating including service of food and alcohol outside, variance from the off-street parking and loading requirements and any other variances required effectuating the aforementioned request on the Subject Property. 1 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-894 USE VARIANCE TO ALLOW A RESTAURANT WITH OUTDOOR SEATING, INCLUDING SERVICE OF FOOD AND ALCOHOL OUTSIDE, VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON THE PROPERTY LOCATED AT 335 AND 337 N FRONT STREET (ILLINOIS ROUTE 31)] Below is a current depiction of the uses at the Fountain Shoppes of McHenry. Opaque Vape recently signed a lease and is located at the southern endcap of the center and Lucky Louises is a recent tenant which occupies 341 Front (northern endcap). 2 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-894 USE VARIANCE TO ALLOW A RESTAURANT WITH OUTDOOR SEATING, INCLUDING SERVICE OF FOOD AND ALCOHOL OUTSIDE, VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON THE PROPERTY LOCATED AT 335 AND 337 N FRONT STREET (ILLINOIS ROUTE 31)] Staff Analysis The proposed use variance for food and alcohol service and consumption outdoors is ideally suited for the subject property and the fountain provides an ideal centerpiece which accentuates and provides a focal point for the outdoor space. The outdoor seating area will be located immediately east of the fountain and includes eleven tables and provides seating for 40 people. An .existing knee -wall surrounds the outdoor space and an entry gate will be constructed at the opening at the location depicted below. Proposed Outdoor Seating Area Looking West at the Fountain Although the proposed restaurant is not immediately adjacent, the center contains a wider 7-8' sidewalk which will allow servers to access the outdoor area and patrons to utilize existing stores within the center. Access to 329 Front, located immediately behind or to the west of the fountain will be maintained and an approximately 5' walking area will exist within the outdoor seating area so patrons do not have to walk around the area. Existing outdoor cameras and cameras installed within the interior of the restaurant will be utilized to monitor the outdoor dining area. Multiple benches exist around the outdoor space currently. 3 [PLANNING AND ZONING COMMISSION STAFF REPORT Z=894 USE VARIANCE TO ALLOW A RESTAURANT WITH OUTDOOR SEATING, INCLUDING SERVICE OF FOOD AND ALCOHOL OUTSIDE; VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON THE PROPERTY LOCATED AT 335 AND 337 N FRONT STREET (ILLINOIS ROUTE 31)] IL LLf Ll Le '— L —t IL 1 t — •V\ - -- t Proposed Outdoor Seating Area Looking Southeast towards the Parking Lot Proposed Outdoor Seating Area Loolcing Northwest (Centegra unit adjacent to north) [PLANNING AND ZONING COMMISSION STAFF REPORT Z-894 USE VARIANCE TO ALLOW A RESTAURANT WITH OUTDOOR SEATING, INCLUDING SERVICE OF FOOD AND ALCOHOL OUTSIDE, VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON THE PROPERTY LOCATED AT 335 AND 337 N FRONT STREET (ILLINOIS ROUTE 31)] View looking east from 329 Front Unit and Outdoor Seating Area to East of Fountain Below are the outdoor seating provisions included in the zoning ordinance and highlighted are the regulations which require the requested use variance. In today's restaurant industry all restaurants require some type of outdoor seating in order to maximize their success and the proposed location, with accompanying fountain provides an ideal setting. The use variance is required to allow the service of food and alcohol outdoors and to allow the restaurant to operate with outdoor seating past 10:00 p.m. Staff does not have any concerns with the outdoor seating as -proposed provided all the requirements for outdoor seating as stipulated below are met, and with the installation and monitoring of the outdoor seating area with cameras, providing adequate ingress/egress for patrons throughout the courtyard and along the sidewalk adjacent to the other businesses and ensuring the courtyard area is adequately lit will address all staff's safety concerns. 5 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-894 USE VARIANCE TO ALLOW A RESTAURANT WITH OUTDOOR SEATING, INCLUDING SERVICE OF FOOD AND ALCOHOL OUTSIDE, VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON THE PROPERTY LOCATED AT 335 AND 337 N FRONT STREET (ILLINOIS ROUTE 31)] Outdoor Seating (MC-15-1113) a. Application form for an Outdoor Seating Permit shall be submitted which identifies business name, address, PIN, zoning designation, name/address/phone/fax/email of applicant and property owner. b. A dimensioned site plan indicating the number and location of the tables (including table measurements), chairs, trash receptacles and any other related elements. c. A separate "Waiver of Liability" form signed by the business owner, and in the case of leased property, the property owner for outside seating on public property, or alternatively a "Waiver of Liability" provision shall be included on the Outdoor Seating Permit Application. d. Once an Outdoor Seating Permit is issued, it shall remain active until such time as the requesting business ceases to exist. In other words, it does not have to be renewed annually. The Outdoor Seating PeI mit shall include a statement that authorizes the City to revoke the permit if any of the established conditions are not met. e. Establishments with existing outdoor seating and/or with an existing conditional use permit which addresses outdoor seating, service of food and/or alcohol, outdoor preparation of food and/or live entertainment and./or dancing may be permitted to continue to exist however any changes proposed by any of those establishments in the future will require submittal of an Outdoor Seating Permit application as defined herein and all conditions included herein shall be met which may include a variance and/or amendment to an existing ordinance if applicable. f. Approved ingress and egress to and from a building must be maintained as required by the City currently adopted building code. g. Preparation and service of food outside is prohibited. h. Service and consumption of alcohol outside is prohibited. i. Outdoor seating must be located on a hard surface such as asphalt, concrete, brick or wood. j. Outdoor seating is prohibited within a required landscape island or area. k. Outdoor seating located adjacent to a vehicular parking area or driving aisle shall be separated by a physical barrier (fence, gate, landscape planter, etc.) I. A $25 permit fee shall be required for any establishment seeking an Outdoor Seating Permit in accordance with the recommended provisions included herein. m. An inspection shall be required following Outdoor Seating Permit review and prior to use of outdoor seating. n. Sidewalks shall not be reduced to a clear usable width of less than 48-inches. o. Pedestrian and motor vehicle vision clearance must not be blocked at intersections, driveways, doors and signage. This includes the use of appurtenances (umbrellas, etc.) [PLANNING AND ZONING COMMISSION STAFF REPORT Z-894 USE VARIANCE TO ALLOW A RESTAURANT WITH OUTDOOR SEATING, INCLUDING SERVICE OF FOOD AND ALCOHOL OUTSIDE, VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON THE PROPERTY LOCATED AT 335 AND 337 N FRONT STREET (ILLINOIS ROUTE 31)] p. Tables, chairs and other related items utilized in conjunction with an outdoor seating area shall be appropriately secured in the case of high winds. q. Operation of outdoor seating area is only permitted when the business for which the Outdoor Seating Permit was issued is open but in no instance prior to 7:00 AM or after 10:00 PM. (MC-15-1113) r. Outdoor seating on public property must be removed during hours that it is not being utilized. s. The use of signage, pennants, banners, flags (other than American), lighting, electric amplification or noise -making devices is prohibited. t. No electrical appliances or open flame devices shall be located or utilized within the outdoor seating area however the use of "infrared -style" heaters is permitted in accordance with any applicable testing organization (UL) or other listing and in accordance with the manufacturer's specifications. u. Outdoor seating on public property shall be immediately removed by the business owner any time the City Administrator or his/her designee, determines that a clear sidewalk is needed because of traffic, street cleaning, snow or ice removal, maintenance, !.'tility `,/Vork, crowd control, parade, emergency, or in the case of violation of any of the above_ conditions included in this section. Use Variances must satisfy criteria based upon the following: practical difficulties or particular hardship; reasonable return; unique circumstances; not altering local character Cl"d consistent with the comprehensive plan. The existing outdoor seating area has already being fully established by a decorative knee -wall. Staff has no concerns with this request and believes the new business will be more of a destination -oriented place than an impulse business, although being located on a major arterial the location is ideal for either. Variance from the Off -Street Parl<in� and Loading Requirement PARKING FOR SHOPPING CENTERS The number of parking spaces required for retail and personal service uses located in a shopping center shall be as provided for shopping centers in Table 13 rather than the sum of the spaces required for the individual uses. Except that the number of spaces for restaurants, taverns, and drive-in facilities located in a shopping center, and for any establishment occupying over 50 percent of the gross leasable area of the center, shall be as provided in Table 13 for these individual uses and shall be added to the number of spaces required under the provisions for shopping centers for the balance of the uses in the center. 7 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-894 USE VARIANCE TO ALLOW A RESTAURANT WITH OUTDOOR SEATING, INCLUDING SERVICE OF FOOD AND ALCOHOL OUTSIDE, VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON THE PROPERTY LOCATED AT 335 AND 337 N FRONT STREET (ILLINOIS ROUTE 31)] The base parking requirement for a shopping center of this size, approximately 16,200 square feet, is 4 parking spaces/1,000 square feet of building floor area plus additional spaces for the two restaurant uses (Lucky Louises and Addison's Steakhouse). The applicant is seeking a variance from the off-street parking and loading requirements. Currently the Fountain Shoppes has 109 parking spaces and 122 are required. The applicant is required to have 52 parking spaces; Lucky Louises requires 28 and the rest of the uses in the center require 42. The shopping center was constructed in 1998 and has had several restraint uses over its history. At the time it was constructed the city's current zoning ordinance required 20 spaces/1,000 square feet for all restaurant uses and since that time was amended and sit down restaurants now require 25 spaces/ square feet of net floor area. Staff believes the center has much more parking than is actually used on different days and different times mainly because it's a center with a diversity of businesses and clientele, and peak hours vary from business to business. Below are the approval criteria which must be satisfied for the variance request. Table 32 of the Zoning Ordinance 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 8 [PLANNING AND ZONING COMMISSION STAFF REPORT Z=894 USE VARIANCE TO ALLOW A RESTAURANT WITH OUTDOOR SEATING, INCLUDING SERVICE OF FOOD AND ALCOHOL OUTSIDE, VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON THE PROPERTY LOCATED AT 335 AND 337 N FRONT STREET (ILLINOIS ROUTE 31)] 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. As stated in the narrative the applicant's restaurant will not open until 4:00 p.m. on weekdays and 11:00 a.m. on weekends. The other uses in the center have varying hours therefore there is a lot of opportunity for shared parking. Additionally, there are over forty parking spaces to the west of the building in the rear which are never fully utilized. Practically, staff believes, for the aforementioned reasons there is ample parking and in staff's opinion the restaurant proposed is critical for sustaining the long-term viability of the center; will provide a complimentary use for other uses in the center which will assist those businesses; the property is setback considerably from Route 31 and is not as desirable from a retail standpoint than the adjacent center to the south. The proposed use is a destination and the shopping center recently lost multiple tenants and this use will assist in revitalizing the center and capitalize on the public space which is the true essence and identity of the center. Staff Recommendation Prior to Public Hearing Approval of a Use Variance to allow a restaurant with outdoor seating including service of food and alcohol outside as well as operating of the restaurant with seating outdoors past 10:00 p.m. and any other variances required effectuating the aforementioned request on the Subject Property subject to the following conditions: • Interior cameras shall be installed within 335/337 N Front which will allow employees to monitor the outdoor seating area at all times; • All other provisions of the outdoor seating ordinance shall be met; • Outdoor seating area shall maintain existing lighting and be in compliance with the city's INN lighting ordinance; 9 PLANNING AND ZONING COMMISSION STAFF REPORT Z-894 USE VARIANCE TO ALLOW A RESTAURANT WITH OUTDOOR SEATING, INCLUDING SERVICE OF FOOD AND ALCOHOL OUTSIDE, VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS AND ANY OTHER VARIANCES EFFECTUATING THE AFOREMENTIONED REQUEST ON THE PROPERTY LOCATED AT 335 AND 337 N FRONT STREET (ILLINOIS ROUTE 31)j Gate shall be installed at the entrance to the courtyard area to provide a physical separation between the parking area and courtyard area; Outdoor seating, including tables and seats and sizes, shall be consistent with those included in the application packet. Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Approval of a 13-space parking variance from the off-street parking requirements at 335-337 N Front Street. Staff finds all requirements in Table 32 of the zoning ordinance have been satisfied. Attachments • Location Map • Application Packet 10 .. c •� • PLANNING AND ZONING AJITH OUTDOORSEATING, INCLUDING SERVICE OF •i! AND kLCOHOL OUTSIDE, `' ` FROM AFOREMENTIONEDkND LOADING REQUIREMENTS AND ANY OTHER VARIANCE EFFECTUATING THE REQUEST ON )ROPERTY LOCATED _ JE LOCATION MAP: FOUNTAIN SHOPPES OF MCHENRY # y c 1 (Treprescritcu) Address 4 Ei21 a -�<»« t «*w«« � � �qt j<, /A r§§01F .� a� T. <.: < = ?} � \ » \ az:. #— « . »on of Request ^^3. FORM Ax Public 2x»w tf£»m+* * FORM !�Zoning Map 54 FORM «-»wt<.y»«±ffcation K'■f» # Zoning v§»<f.»»2 � z■f» .Use Variance Application t Proof of ««s d»w£/ Written 2tx PropertyProperty§»< !»< + » Affidavit :2 I Plat t Su rvey De scription »2tList £ Owners £ all Adjoining Properties 111. Public Hearing Notice Sign (Pr4 a by »City, to be posted the Applicant) «, Site Plan :£ Landscape Plan Architectural Rendering £I»4»$«wzaw \£ y»xmz« Standards Certification 17. Traffic Analysis 11 School Impact Analysis \ «..»:.y:t» ©? «c<<» »oft»t a � Phe in- signingapplication shal be considered the Applicant.Applicant must f` lite MIEW )r trustee 1 of 1 trust beneficiary,o t purchaser,or option holder of the subject )roperty or his or her agent or nominee. f the Applicant is not the owner of record of the subject property, the application shall disclose the egal capacityof the Applicant 1f: the. full name,address, 1. telephone number of the i 1.. 'sOlk '1'Y T& 1, i i" Rk. 1; !" 1 ":1 ?I' rf►. (, i" {? t1�� .,1 authorityhe 1, thei 1 make the application. t 1"► y. ! bi i"1:'! It--�,. J'.` ) ► '. { 11,<IRMISPUlil RISE&)Wil ►�' ►:`; ,1. ( 1R 1'.�'l►' z[� 1�1 1. i`'I'1 f'; N limited . 7 percent of the outstanding i or interest *in tile orporation or interest shared by the limited partners. i il• , 1 ►�'i i�li ,=1 ._ �. 1. .�+► :. i- i' � �, � �� r_;s. �,�, 12 ►;�-, .:i' ► f l�' 1 ►i, i i l.lii "1►r ;!J f` �► � ..�"`A: .'1 -' � 1,; f ; �.. 1 ` ! ► i �.._ 1 1 i .:i 1 r'. 1 i r:. is ": , ` 1 1 "'. t i � .�) :a } i �'. ! f ' r �' � � I :I ; . I I A ipproval of a variance,Planning and Zoning Comm'ssion shall transmit to the City Council written ind* that all of the conditions listed below apply to the requested actiong MEN III i. 7 _ i . �� .1,' 1 �. « it i P .�i' s l i i�' ntpyjif fieJw4ifor i TUR it i11iULIKUM F AMM 01., I I i;[ NIWJ f IJLIARtIA-!I!AL219JLILITI-WTIIV 1 " � J+ f s business .. F i acial circumstancesof owner or or oweower pai,77 741E C. •'" Property. r " NO I - - - -rho special circumstances that are the Dams o,^ nave Rot of any other party with interest in the proparly. 4 Unnecessa�t ��iafidshit� The strict application of the provisions of the Zoning Ordinance would llesult in I iecessapy and undue hardship upon the applicant, as distguaished from a mere inconveni mienced 5 Preserves lei is Conferred by District A variance is necessary for the applicant to preserve and e Oy on Mhstaantiat proPe right possessed by other properties in the some zoning district, and does not confer g9c�;�:ial L mnlege or iu�arily dented to other properties its. the district. or �, fi ''. ' - J' 1 1 property. e;Gt � � mvirantnerlt l uali , ;uvoperty values, or public sakuy ®r ��oelfair> In Me v101111tY6 Comp r ° i ! r o �9 �''Ui:t� y� 1 �I f. aI 6..: i 1 1 ? 1 e t of McHenry ty onditional approval 1f a use variance, the Planning an Zoning Commission shall '1., the Ci 1 1 1' i f t 1' 1' 1 1 `.; beowappy quested action. or UFF-u-s-7-5-11177,1 I TrolFUL Jistinguished from a mere, Inconvenience. Reasonable Re un The property -- 1.yield rreasonable1. permitted to be �`1 only undertheconditions i the Zoning1 '. i, for pertinent zoning g district, not -:li !'�. ! �- 1, zoning 7 (� 44 j t 1 �11cs� L'�r �1i1 a, NOW rhe granting of the use variance will not alter the essentiali.er of ie locality nor substantially mpair enviromnental quality� property values, or public safety or welfare *in the v ry IC I � , i� 6__ j ell t �I - � : - -- - - -- -_ - - _. �:. - - - - - - - ;:_ 2 - - =a �[ _ _ ✓ - - O � _ ...p �_. _ _ ^y E - ��/� F - r .:_. ..:`-,' [j ---...-- � -.� � - - . - . t ;s _ -C �- .. - - 7q��^j' .fit._.::= 0 � i �}j ��: tt �`�� 1�� .� � [ jF . ��;.:: 1 'k •, { � i �� i�:. i <. � __ , - 4 ,� � i-"� s �� : i'R. 1 s- �.4 1Y,.'4�. ��, ;'(, rt ! ''i i -. - t � y. 1 jj� - 1✓ � 1 . t i�,% € 5 € ... .. _ � �k� ...... _. ':. r� . f >_ . �<f !4 l � ! 1._:'' tip: ", �. �9:. ' _ __ _ ` ":: ✓_.. -. �. ��'� �- _ r .i.. _ -.: - - '-. -.: t i. . C ` _a-��3 .--..��- ,_ . v � 9yj �: ......�_�::.' ': ri -- �i Fes.- ._ : ..: :+'�: :.�::.q 3'.. .... - �W .T. _ _ 4 � � _ ___ r � - E 4 ��. � - - ' y � � _ �' i' i ,. �: '�') s ,. {i E� - � �' � ', � ,: �' � 1 �� , 1. %;�' �, - � .. ..'. , �% - i - 4 a .r ��r �ti � `tJ ,air i` � _ # ` �+ � � 1 �` � -i r. Y t � y �- _ ,. �. � r, __ .. .. 4 � � si " i. � � i � ' �, , ,- s � `i ; � _ e. . - fi �� _ ;. :�' 1 � � i ; " � - '�' ^, • s `. �. .� ! �1'1 - .�, 1 � a ti� � � � -. its .' � , �'�. �- � � "' Uv � � is �s�' is � �!•' f �i If arse Ave F� :.Ao�st St High St lin If _1 • -wolol Tom t$B�tOttS �3F' - V45 Begin foa warded message: �r�®ran a �u�aa�e Caivaor� <s�izantte�a stefiansje�elers,com> D ateo May 16, 2016 at 11.25:14 PM CDT `Come Doug Martin <dcnar�ia,�ei.mehenry>il.�as> 3vibjedo Addilisous Btepkhouse spema1 ruse varRaRca b ° �f o tlpoo m �cs `D o� uug4 yC bfWU u6 00 �{ ° d n av o 6 o c�a 6�i vA0 f�vU C�J L7 3 ��J �%fl Q—. UO D�%,i 'y II U P 6V c �tl V u M a as d and dc"a o oule�d �n �� oaunnuoa c��oo°-fir, 8teffan°s Jewelers (8x5) 385 6o7o 93, 0 le =' Office of the City Administrator Derik Morefield, City Administrator 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Derik Morefield, City Administrator FOR: September 19, 2016 Regular City Council Meeting RE: Request for Class A Liquor License from Addison's Steakhouse LLC located at 335-337 Front Street and Ordinance increasing number of Class A liquor licenses in effect. ATT: Application, Supporting Documentation and Proposed Ordinance AGENDA ITEM SUMMARY: Mr. Jonathan Descher, President of Addison's Steakhouse LLC submitted an application for a Class A liquor license to operate Addison's Steakhouse in two vacant units in the Fountain Shoppes retail center. If approved, the attached ordinance increasing the number of Class A liquor licenses in effect is required. BACKGROUND: The Class A license authorizes the sale of alcoholic liquors for consumption on premises and retail sale of packaged liquors. Addison's Steakhouse is proposed to be a family owned and operated small-scale steakhouse with outdoor seating in the courtyard located east of the fountain to accommodate 11 tables, and a sports lounge atmosphere in the bar area. While video gaming is proposed, Mr. Descher has identified that he remains committed to the broader context of his business plan. Examples of current Class A licensed businesses in McHenry are Bimbos Italian Restaurant, The Old Bridge Tavern, and Village Squire of McHenry. Mr. Descher is conversant with the Illinois Liquor Control regulations including new state requirements that went into effect on July 1st that require all employees of state liquor licensed businesses to obtain BASSET certification. He met with the Mayor, was successfully fingerprinted by McHenry Police, paid all associated fees, and all required documents were submitted. Mr. Descher and his family reside in McHenry and he was a former manager of Twisted Moose on Route 31. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in acustomer-oriented, efficient, and frseally responsible manner. ANALYSIS: As noted in the previous agenda supplement regarding the granting of use variances for the proposed use, Mr. Descher has identified that it is his intent to apply for a State Video Gaming License upon receipt of the local liquor license to be able to offer video gaming at the establishment. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to: 1) grant a Class A liquor license as presented, and, 2) approve an Ordinance increasing the number of Class A liquor licenses by one. Jonathan Descher Addison's Steakhouse LLC 608-697-9807 8/10/2016 I�ea� May®� Low Here is a little about the restaurant and myself. My family have been members of the community for io+years and we plan on staying to raise our 2 young girls and operate a successful restaurant. We own a home in the Boone Creek neighborhood by Curran Road so roots have been set in the community. I believe that the family friendly approach that we will bring to the community with our restaurant will be very beneficial to the relationships we will be able to build with customers and fellow McHenry business owners. I have 11+ years of restaurant/bar management experience and have a very hands-on management approach that will ensure that the restaurant Will be run to very best of its capabilities on a day to day basis. I actually used to serve you and your husband often about io years ago at Bimbos in McHenry. I also am a UW-Whitewater alum like yourself, earning a bachelor degree in business administration from there in 2004. My sister is also attending the school now for a degree in special education, which I believe I read in your bio as well that you taught for 30+ years. It is a small world. Addison's Steakhouse will be a single family owned and operated smaller -scale steakhouse with a sports lounge atmosphere in the bar area. A trend developing in the steakhouse industry is moving away from fine dining atmosphere with a more relaxed dining experience. Our customers will feel comfortable in jeans and a t-shirt if they choose or a 3-piece suit if that is how they feel most comfortable. Our customer will not feel as if there is any type of dress code to abide by. A big trend in the sports bar industry is moving away from the typical loud and crazy bar atmosphere that serves that all frozen and overpriced poor quality food. Consumers do not have to sacrifice anything to go see their favorite sports team. They now realize that they have options to have a great meal, drinks, atmosphere, and see the big game all at one time. McHenry has not tapped into this market yet successfully and we believe that we can meet the needs of these potential customers with the concept that we have developed with Addison's Steakhouse. Market research and target market evaluation of the area suggests that Addison's Steakhouse is ideally situated to cater to this unfulfilled market segment. I believe we can be a beneficial business member of the community by providing a great business to our city financially and hopefully aid in the growing strength of our city. I have already emailed a copy of my business plan to you, so please reference it if you want to get a better feel for our concept or target market. Feel free to contact me anytime with any questions or concerns you may have. Thank you for your time and consideration. Sincerely, Jonathan Descher ,ti License No. Date Issued Date Effective %v;�eZ.�EV�® AU G 1 6 2016 CITE' n� MGHE.NRY CITY OF MCHENRY APPLICATION FOR LIDUOR LICENSE UNDER CITY OF MCHENRY LIQUOR CONTROL ORDINANCE FISCAL YEAR 2016/2017 TO BE FILED WITH THE OFFICE OF THE MAYOR ALL LICENSES EXPIRE APRIL 30 FOLLOWING DATE OF ISSUANCE �, \, NAME OF BUSINESS, ADDRESS, 8� TELEPHONE #.: �`�J�' 1. 2. 3. 4. 5. 6. 7 E� 9. Fee Received � � �� Date Received � � L % �' Receipt Issued On r �, Check No. Cashier's Chk. Cert. Check Cash v Please indicate form of ownership: CORPORATION � PARTNERSHIP INDNIDUAUSOLE PROP. IF CORPORATION: Corporation Name:. Corporate Address: Corporate Phone Number: State of Incorporation: IF PARTNERSHIP: Name: Corporate Address: l.,�l�a� c�SE- L�- Corporate Phone Number: EMAIL: State of Incorporation: IF INDIVIDUAUSOLE PROP: Applicant's Full Name: pate of Birth: Residence Address: Home Phone; Business Phone: EMAIL: Citizen of U.S.? If a naturalized citizen, when and where naturalized? Courtin which (or law under which) naturalized: (A) If Applicant is a PARTNERSHIP, give name and address of all partners holding 5% or more of the partnership interest: a.�j (B) If Applicant is CORPORATION, give name, address and telephone number of owners holding 5% or more shares and registered agent: l D 2016 PAGE TWO ' 10. If Applicant and Local Manager are not the same, give name, address and telephone number of Local anager: Local Manager's: Date of Birth: Place of Birth: n Citizen of U.S.? 11 Principal Type of Business: ��_ c�tCC— � j� � 1 `�� f� � (� G-� %1� �11a�'i C�MAt�-IKL DlS`r�t�� R�-wit_ ('3�iLl�i� 12. What is current zoning for this propertyty? Q G 13. Type of License Sought: �L�J� r ` /� 14. Date on which business was begun at this location: � A ��1� (— ®( 15. Does applicant own premises for which license is sought? Iv® If not, state name an1d�add(r�s�sflo�f owner and/attachj_copy of executed lease. � nn nn®n,- n�� a c I I % 2�C n� �r�,u� i� ��T NIC:i'I��V�� (l. (..(�� 16. If property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church, school (except instiNti®s of higher education), hospital, home for aged or indigent persons or for veterans and their families or any military or naval station? A. If answer to the above is "YES", is the applicant's place of business a hotel offering restaurant service, a regularly organized club, a food shop or other place where the sale of liquor is to the principal business? If yes, how long has place of business been in operation? 18. If plicant has ev r engaged in tht' buss ess or sale of a cohoJic liquor at retail, list address of al locations (may attach supplemental sheet). I;�SSc1d✓lf� �►4C(—�E.j., ' �' JGJ c� t�� lti�S� � JNI�LI.I6�`s ��o,� 19. Illinois State Liquor License Number: Attached copy of State�L,i�quor License Certificate. 20. Give applicant's Retailer's Occupational tax (ROT) Registration Number: �� /�� 21. Are you delinquent in the payment of the Retailer's Occupational Tax (Sales Tax), and if so, the reasons therefore: �� 22. If this application is for a new license or a transferred license, attach to this Application a copy of Applicant's balance sheet and operating statement for the past three years, or if not available, other proof of financial responsibility. � �� S �ir`ft Ct'i �� 23. State name and address of dram shop insurance company for both the licensee and owner of the building in which the alcoholic liquor will be sold for the duration of the license Af'dD attach a copy of the declaration page showing the insured parties and amounts of coverage. �4C�+v�2� `�NS�2f�1Crc ��µnDl'�rtalJe� it�%r1-�t/�ii� �%Ti R �, 24. Describe parking facilities available to the business: ®�'r �� i P�� ' .f� � of 13��cp►�� 25. Are you familiar with all the laws of the United $tales, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor; and will you abide by them? t�� 26. Will you mam m the entire premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? 27. Will you attempt to prevent rowdi-ne§s, fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? (�� 28. 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 perio of in excess of 90 days), or is such a person directly or indirectly interested in the ownership, conductor operation of the place of business? tf answer is "YES", give particulars: 29. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation or the to I manager, or in the case of partnership, any of the partners, ever been convicted of any violation of any law pertaining to alcoholic liquors? � answer is "YES", explain: 30. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation and the local manager, or in the case of a partnership, any of the partners, ever been convicted of either a felony or a misdemeanor? If so, please describe: 31. Is any individual who is directly or indirectly interested in applicant's place of business, slaw -enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)? If so, please state name and address of such person: 2016 PAGE THREE 32. List your occupation or employment with addresses thereof for the past 10 years (if partnership or corporation, list same information for each partner and the local manager - (please attach). �E�i3 /�� AC,(-(r= 33. Have you ever been convicted of a gambling offense (If a partnership or corporation, include all partners, owners of 5% or more shares of the corporation and the local manager)? If so, give all details: 34. Has any owners) or members) 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 d®vise stamp or a federal wagering stamp by th®federal govemm®nt for 4he can-ent tax period? w �,.� 35. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? —� o! 36. Have you, or arLypartner, or owner of 5% or more shares of the corporation or local manager, ever had a liquor license revoked or suspended? Plo person holding a Bicense issued by the City of cHenry shall, in the conduct of the licensed business or upon the licensed premises, either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m. to 4:30 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic beverages (not including packaged liquor sales); or (b) alcoholic beverages in non -original containers, such as plastic cups. Only original containers, such as cans, bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code, to take place on the licensed premises or on, about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. �� ,�*,�x , 2016 PAGE FOUR AFFIDAVIT STATE OF ILLINOIS ) ) ss COUNTY OF MCHENRY ) 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. SOLE PROPRIETOR: Signature of Applicant PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title CORPORATION: (Authorized Agent MANAGER: Print Title "OFFICIAL SEAL" Marcia M. Geraghty Notary Public, State of Illinois My Commission Expires 06/24/2018 Signature of Local Manager Print Name Subscribed and sworn to before me this day of NOTARY PUBLIC Subscribed and sworn to before me this NOTARY PUBLIC 20 day of , 20 Subscribed and sworn to Subscribed and sworn to before me this day of , 20 2016 NOTARY PUBLIC ORDINANCE NO. M 46- AN ORDINANCE Increasing number of Class A Liquor Licenses (Addison's Steakhouse) WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION 1: Section 4-6(1) of the Municipal Code relating to liquor license %classifications is hereby amended by decreasing the number of Class "A" Liquor Licenses from twenty-seven (27) to twenty-eight (28). SECTION 3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 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 and APPROVED this 19th day of September 2016. Voting Aye: Voting Nay: Absent: Not Voting: Abstaining: ATTEST: City Clerk Mayor Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FOR: September 19, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Conditional Use Permit to allow a Tavern at 810 Front Street Unit C ATT: 1. Location Map 2. Planning and Zoning Commission Minutes dated July 13, 2016 3. Ordinance approving a Conditional Use Permit to allow a tavern at 2816 W Illinois Route 120 4. Application Packet AGENDA ITEM SUMMARY: Council is being asked to consider a Conditional Use Permit to allow a tavern at 810 Front Street Unit C. BACKGROUND: Southgate Retail Center is zoned C-5 Highway Commercial District and contains approximately 9,250 square -feet of retail/commercial space and 50 parking spaces. Currently Food Mart is located at the southern end cap, PLS is located in the center and Soapbox Laundromat is located on the northern end cap. The center has been owned by Ralph Hayward and his wife for more than twenty years. Ralph and his wife also operate the laundromat located within Southgate Center and previously managed the Food Mart. Southgate Retail Center was constructed in 1972 and consists of approximately 9,250 square feet of retail and commercial space anchored by the Food Mart, which is operated by the applicant. Recently the unit immediately adjacent and to the north, occupied by Kiddy Korner was vacated. This unit is approximately 2,400 square feet, and the applicant, Mr. Suchit (Sam) Shah, is proposing to operate a tavern in the vacant unit. 1 xcnar or rwc r w:nrca� Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us In addition to the Food Mart, Mr. Shah operates liquor stores at Bull Valley/Charles Miller Road and Illinois Route 31 as well as a location in the McHenry Plaza Shopping Center. The store located in McHenry Plaza is part of the southern inline retail space adjacent to the vacant Aldi's building. Additionally, the applicant owns and operates a tavern in the Village of Richmond and is working on finalizing the purchase of the former McDonald's building located at the northeast corner of Charles Miller Road and Bull Valley Road for redevelopment. The applicant has owned and operated businesses in the City of McHenry for numerous years and continues to invest in the City. Mr. Hayward and his wife have done the same and maintain Southgate Retail Center impeccably. Staff believes the proposed tavern use is an appropriate land use for the subject property. Reviewing the requirements in Table 31 of the Zoning Ordinance, staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health, than would any other permitted use in the C-5 zoning district. As previously identified, Mr. Shah has a history of operating successful businesses in the City and does so in a professional manner. While the proposed use adjacent to the Food Mart will be the first tavern the applicant has opened within the City, each of his other existing businesses operate with a liquor license. The applicant is anticipating offering a wide variety of specialty beers at the proposed tavern. As identified in Mr. Shah's request and included documentation, the proposed use will include the service of alcohol upon approval of a liquor license and, upon issuance of a local liquor license it is his intent to request a Video. Gaming License from the State. The liquor license request follows this agenda item and is conditioned upon the approval of this Use Variance. PLANNING AND ZONING COMMISSION: On July 13, 2016 the Planning and Zoning Commission unanimously recommended approval (7- 0) of a conditional use permit to allow a tavern at 810 Front Street Unit C. A copy of the minutes from this meeting have been provided for reference. RECOMMENDATION: Therefore, if the City Council concurs it is recommended that a motion be made to approve the attached ordinance granting a conditional use permit to allow a tavern at 810 Front Street Unit C. 2 MCAHT O� TlE rll. kr P,I I',- t n a• _ �'I i• f1'f7ll I' Per,ii DID Zoll M` w AEPAOOW E AVE ELLLL _ -- y T Jdo�T2o- F,;..Tv`A&k%tLk lamp k SO 46. IN X 0 UNDROMAt'a �'.� ° FA�1 IIAI a 460 .-- _fib Map Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry Planning and Zoning Commission Minutes dated July 13, 2016 Public Hearing: Three Queens File No. Z-898 810 N Front Street Conditional Use Permit to Allow a Tavern Chairman Strach called the Public Hearing to order at 7:45 p.m. regarding File No Z-898, an application for a Conditional Use Permit to allow a tavern as submitted by Three Queens for the property located at 810 N. Front Street, Unit C, McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on June 28, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Suchit Shah, 810 N. Front St., McHenry, IL 60050, who was sworn in by Chairman Strach. Mr. Smith provided a summary of the request before the Commission at this Hearing stating he is attempting to obtain a conditional use for a tavern to serve wine and beer and allow gaming at the property. He further stated the tavern will not be internally connected to the convenient store he operates next door. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating Southgate Retail Center was constructed in 1972 and consists of approximately 9,250 square feet of retail and commercial space anchored by the Food Mart, which is also operated by the applicant. Recently the unit immediately adjacent and to the north, occupied by Kiddy Korner was vacated. This unit is approximately 2,400 square feet, and the applicant is proposing to operate a tavern in the vacant unit. There are residential units behind the strip mall. In addition to the Food Mart, the applicant operates liquor stores at Bull Valley/Charles Miller Road and Illinois Route 31, as well as a location in the McHenry Plaza Shopping Center. The Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us store located in McHenry Plaza is part of the southern inline retail space adjacent to the vacant Aldi's building. He also operates a liquor store in Richmond, IL. Staff believes the proposed tavern use is an appropriate land use for the subject property. Reviewing the requirements in Table 31 of the zoning ordinance, staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health, than would any other permitted use in the C-5 zoning district. The applicant has a history of operating successful businesses in the City and does so in a professional manner. While the proposed use adjacent to the Food Mart will be the first tavern the applicant has opened within the City each of his other businesses operates with a liquor license. The parking requirements are met for the proposed use. The applicant is anticipating offering a wide variety of specialty beers and wine at the proposed tavern. Director of Economic Development Martin stated Staff is recommending Approval of a conditional use permit to allow a tavern at 810 N Front Street Unit C. Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Thacker inquired if the tavern will operate seven days a week. Mr. Shah replied yes, it would. Commissioner Miller asked what the anticipated occupancy of the property is expected to be. Or, Shah replied the space is approximately 2400 square feet and depending on the setup he could fit as many as 100 people; however occupancy will be determined by the building department. Commissioner Miller inquired about parking and discussion ensued determining parking requirements have been met but parking on the south side could be striped for additional parking to be more visible. Mr. Shah believes the parking will be sufficient for the use requested. Director of Economic Development Martin inquired as to the number of employees for both the Food Mart and the tavern. Mr. Shah responded there are 6 employees at the Food Mart with only 3 working at any one time and the tavern may have 4 employees total. Chairman Strach opened the floor to questions and comments from the audience. Mr. Ralph Hayward, owner of 810 Front St. stated he wanted to thank Director Martin and the commission for the opportunity to speak and thank Mr. Shah for the exemplary example he has 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us made running his other business on the property. He further stated Mr. Shah has been very customer friendly and he fully supports this request. Chairman Strach closed the public comment portion of the hearing at 8:00 p.m. Motion by Miller, seconded by Walsh, to recommend to the City Council with regard to File No. Z-898, approval of an application for a conditional use permit to allow a tavern at 810 N Front Street, Unit C be granted, and that all requirements in Table 31 of the Zoning Ordinance have been met. Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. C� Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 16- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A TAVERN FOR THE PROPERTY LOCATED AT 810 UNIT C 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 by Three Queens, 810 Front Street Unit C, McHenry, IL 60050, ("Applicant") with the City requesting a Conditional Use Permit to allow a tavern for the property located a 810 Front Street Unit C. The property, part of a larger shopping center, is legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on July 13, 2016 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS1 AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY be granted a Conditional Use Permit to allow a tavern at 810 Front Street Unit C. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED 1HIS DAY OF DAY OF 2016 2016 Mayor ATTEST: City Clerk Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property The West 157 feet of that part of the northwest quarter of Section 35, township 45 north, Range 6, east of the Third Principal Meridian, described as follows: commencing at the southeast corner of outlot 5, according to the original plat of West McHenry; thence South 1 degree 15 minutes west, along the center line of Center Street, 351.78 feet, more or less, to the north line of Wattle's 2nd Addition to McHenry; thence westerly on said north line of Wattle's 2nd Addition, and said north line extended, 625.70 feet, more or less, to a point 40 feet east of the center line of State Route 31, thence northerly along a line parallel and 40 feet distant from said center line, 352.44 feet; thence easterly, 632.28 feet more or less, to the place of beginning, (excepting therefrom the north and south 30 feet thereof), in McHenry, Illinois. 0 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-898 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 810 N FRONT STREET UNIT C (ILLINOIS ROUTE 31) AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] Applicant Three Queens 810 N Front Street (Illinois Route 31) McHenry, IL 60050 Requested Action Conditional use permit to allow a tavern at 810 N Front Street Unit C (Illinois Route 31) and any other variances effectuating the aforementioned request. Site Information Location and Size of Property The property consists of .59 acres, with 9,250 square -foot retail shopping center Comprehensive Plan Designation Commercial Existing Zoning and Land Use Southgate Retail Center is zoned C-5 Highway Commercial District and contains approximately 9,250 square -feet of retail/commercial space and 50 parking spaces. Currently Food Mart is located at the southern endcap, PLS is located in the center and Soapbox Laundromat is located on the northern endcap. Adjacent Zoning and Land Use North: RM-2 High -Density Multi -Family Residential, Southgate Apartments South: RM-2, Southgate Apartments East. RM-2, Southgate Apartments West: C-5, McHenry Public Library and Frank Low Insurance, Berkshire Hathaway Real Estate and Offices Background and Description of Request Southgate Retail Center was constructed in 1972 and consists of approximately 9,250 square feet of retail and commercial space anchored by the Food Mart, which is operated by the applicant. Recently the unit Immediately adjacent and to the north, occupied by Kiddy Korner was vacated. This unit is approximately 2,400 square feet, and the applicant is proposing to operate a tavern in the vacant unit. In addition to the Food Mart, the applicant operates liquor stores at Bull Valley/Charles Miller Road and Illinois Route 31, as well as a Iocafiion in the McHenry Plaza Shopping Center. The store located in McHenry Plaza is part of the southern inline retail space adjacent to the vacant Aldi's building. 1 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-898 CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 810 N FRONT STREET UNIT C (ILLINOIS ROUTE 31) AND ANY OTHER VARIANCES REQUIRED EFFECTUATING THE AFOREMENTIONED REQUEST] Staff Analysis Conditional Use Permit Staff believes the proposed tavern use is an appropriate land use for the subject property. Reviewing the requirements in Table 31 of the zoning ordinance, staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health, than would any other permitted use in the G5 zoning district. The applicant has a history of operating successful businesses in the City and does so in a professional manner. While the proposed use adjacent to the Food Mart will be the first tavern the applicant has opened within the City each of his other businesses operates with a liquor license. The applicant is anticipating offering a wide variety of specialty beers at the proposed tavern. Staff Recommendation Prior to Public Hearing Approval of a conditional use permit to allow a tavern at 810 N Front Street Unit C. Staff finds all requirements in Table 31 (Approval Criteria for Conditional Use Permits) of the zoning ordinance have been satisfied. Attachment • Location Maps 2 July 13, 201G All All: �� -� x,, k I -� •/��. 4., 'i F ,.'f OFF o �•-'ill a 44 IF I Its IF 0 00 1. .. �, 1100 UK., .ram 'r , ,, •' It Ott Box s IIAIINDROMAi'o 4j PAYI LQA_i_t 6c - -ri IL Sam Shall 6411 Middleton In McHenry, IL, 60050 815-260-8144 lam8144@ginail.com Dear Doug Martin, 3 Queens is a concept created by myself. Our proposed business provides individuals with an alternative to a traditional pub or sports bar. Our concept is a warm and welcoming place with bright open spaces decorated with trendy decor for individuals over the age of 21. We want to provide customers with a fun and trendy place to enjoy and entertain themselves with drink, and video -gaining terminals. We plan on educating our Servers and ensuring that customers are not over -served, and potentially employing a maximum drink per person policy. Although included, alcohol sales will not be the primary focus of our business with no off -premise sale of alcohol. I and very enthusiastic about the proposed bar with gaming facility. Please inform us if there are additional materials and supporting documents you may require. We look fol vard to telling you more about 3 Queens and Hopefully becoming a member of the Village of McHenry business conununity. Thank you for your time and consideration. Sincerely, Thank you in advance. Suchit shah 3 Queens 810 N. Front St. Unit C. McHenry, IL 815-260=8144 Sam8144@grnail.coni DESCRIPTION We want to open a Bar with gaining facilitythat selves various alcoholic beverages as well as choice of non-alcololic beverages. TARGETED MARKET AND CONSUMERS Our business will target community members over tine age of 21 years and provide a safe space for them to enjoy gaming facilities and responsibly drink. We believe that our business will provide great enjoyment for connnunity members and generate revenue for the Village of Mchenry. PROPOSED. MENU Our proposed menu consists of alcoholic beverages, non-alcoholic beverages. We wish to seine he following alcoholic beverages: a variety of domestic and craft beers; wine; mixed cocktails such as, Bloody Mary's, Pula Coladas, Strawberry Daiquiris, Margaritas, Martinis, Mai Tais, Mojitos, Amaretto Sours, White Russians, Tequila Sunrises, Screwdrivers, Mudslides, Baliama Mamas, and Blue Hawaiians; and shots of liquor as requested bypatrons. We wish to serve non- alcoholic beverages as well, such as: iced tea, coffee, cappuccinos, and a variety of soft drinks and juices. Our business will offer certain Gamer Specials for our patrons, which will provide them with discounts on their beverages when using gaming facilities. OUR BACKGROUND Suchit Shah owns a total 4 liquor stores and convenient stores. Suchit shah has substantial experience being small business owners and managing small businesses. I strongly believe that my work experience will allow me to run this proposed business very smoothly and successfully. My current business in Mclienry are Sam's liquor and wine, Mchenry Liquor, Family food mart and one in Rich niond IL Richmond liquor and Tobacco. FORM A PUBLIC HEARING APPLICATION Planning and Zoning COmm1SS1011 City of McHem•y FileNumber l YS 333 South Greeu Street McHenry, IL G0050 n Tel: (815) 363-2170 Fax: (815) 3G3-2173 1. Name of Applicant 2. Name of Property Owner y cL.J/I/20 Tel (If other than Applicant) �CL- ii t_4<J ��.�Z �a�G��a>; y//pax r%�7� I'Y`I Address Vk, M1 3. Name of Engineer N I rl Tel (If represented) Add►•ess Naive of Attorney (If represented) Address 5. Common Address or Location of Property l �'� G. Requested Actions) (check all that apply) —�Loning Map Amendment (Rezoning) onditional Use Permit —Zoning Variance Fax Tel Fax _Zoning Variance -Minor _ Zoning Text Amendment Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested; FORMA Page 1 of 3 7. Current Use of Property 8. Current Zoning Classification of Propel ty, Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Prope►•ties North: South: East: West: 10. Required Attachuieuts (check all items submitted) n Please ref • to the Public Hearing Requireme►its Checklist to determine the required attachments. Application Fee (amount) $b Narrative Description of Request RM A — Public Hearing Application FORM B — Zoning Map Amendment (Rezoning) Application r(0 6. FORM D FORM C — Zoning Use Application — Variance Application FORM E—Use Variance Application 8. , Pro f of Ownership and/or Written Consent from Property Owner in the Form of an ¢f�rvey with Legal. Description of Owners of all Adjoining Properties Public Hearing Notice Sign (Provided by the City, to be posted by the Applicant) Site Plan Landscape Plan Architectural Rendering of Building Elevations Performance Standards Certification TrafficAnalysis School Impact Analysis FORMA Page 2 of 3 l I. 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. Al>nlicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the Legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant orOwner is a iand Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number; and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that l 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 t(te adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by Zoning Board of Appeals or City Council. Signature of Applicants) Print Name and Designation of Applicants) v e�-�fi SK FORMA Page 3 of 3 FORM c CONDITIONAL USE PERMIT Planning and Zoning C"AILAX 115Si011 City of McHenry File Number 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 31 of the City of McHe�uy Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Tt•affic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. '�� ,�1�-Lr1��C' �e(}�-�,�,, �ie�t�� ti ➢S� `»� �1 f3z;. its � �.�' 1.1 �!1 'f�i 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse enviroiunental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. rq i 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. 51 FORM C Page l of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. G. Other Factors. The proposed use is in harmony with all other elements of compatibility pe►fiinent to the Conditional Use and its particular location. 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'to ZDVZ 40 SCIM OKZVOn 0 d7lt2nHOl OSt Kol&nxx 40 =JIMA$) 199N8IVON WU ao IVY4 avaa, ao S,i84 IS% 49a11 aHt sluuflll 7fooispoo0 � aoiiS uoiNulgsltAl Lfi6r a.ta an.rnr Untrf .tlanlaUooa DILL Office of the City Administrator Derik Morefield, City Administrator 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us AGENDA SUPPLEMENT T0: Mayor and City Council FROM: Derik Morefield, City Administrator FOR: September 19, 2016 Regular City Council Meeting RE: Request for Class A Liquor License from 3 Queens, Inc. d/b/a 3 Queens located at 810 North Front Street, Unit C, and Ordinance increasing number of Class A liquor licenses in effect. ATT: Application, Supporting Documentation and Proposed Ordinance AGENDA ITEM SUMMARY: Or. Suchit (Sam) Shah, President of 3 Queens, Inc. submitted an application for a Class A liquor license to operate a tavern with video gaming at 810 N. Front Street, Unit C. If approved, the attached ordinance increasing the number of Class A liquor licenses in effect is required. BACKGROUND: The Class A license authorizes the sale of alcoholic liquors for consumption on premises and retail sale of packaged liquors. The proposed location of 3 Queens is in the former Kiddy Korner resale shop and next door to the Food Mart which is owned by the applicant. Examples of current Class A licensed taverns in McHenry are Lucky Poker, Town Club, and Corner Tap. Mr. Shah is conversant with the Illinois Liquor Control regulations including new state requirements that went into effect on July 15t, that require all employees of state liquor licensed businesses to obtain BASSET certification. The applicant currently holds a Class F1 license for Sam's Liquors & Wine located at 520 S. Route 31 and a Class F2 license for Family Food Mart located at 810 N. Front Street, Unit A, next door to this proposed business. Mr. Shah met with the Mayor, was successfully fingerprinted by McHenry Police, paid all associated fees, and all required documents were submitted The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in acustomer-oriented, efficient, and fiscally responsible manner. ANALYSIS: As identified in the previous agenda supplement regarding the granting of a Conditional Use for the proposed use, Mr. Shah has identified that it is his intent to apply for a State Video Gaming License upon receipt of the local liquor license to be able to offer video gaming at the establishment. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to: 1) grant a Class A liquor license as presented, and, 2) approve the Ordinance increasing the number of Class A liquor licenses by one. Q UEENS (SUCHIT SHAH, OWNER) DESCRIPTION I wish to open a tavern with video gaming called "3 Queens" at 810 North Front Street, Unit C, in the City of McHenry. TARGETED MARKETAND CONSUMERS Our business will target community members over the age of 21 years and provide a safe space for them to enjoy video gaming and responsibly drink. We believe that our business will provide great enjoyment for community members and generate revenue for the City of McHenry. PROPOSED MENU Our proposed menu consists of alcoholic beverages and non-alcoholic beverages. We wish to serve the following alcoholic beverages: a variety of domestic and craft beers; wines mixed cocktails such as, Bloody Marys, Pina Coladas, Strawberry Daiquiris, Margaritas, Martinis, Mai Tails, Mojitos, Amaretto Sours, White Russians, Tequila Sunrises, Screwdrivers, Mudslides, Bahama Mamas, and Blue Hawaiians, and other liquor as requested by patrons. We wish to serve non-alcoholic beverages as well, such as: iced tea, coffee, cappuccinos, and a variety of soft drinks and juices. Our business will offer certain Gamer Specials for our patrons, which will provide them with discounts on their beverages when using gaming facilities. MY BACKGROUND I currently own 4 successful liquor and convenient stores, three of which are in the City of McHenry (Sam's Liquor and Wine, McHenry Liquor and Family Food Mart). I have substantial experience as a small business owner and in managing small businesses. I strongly believe that my work experience will allow me to run this proposed business very smoothly and successfully. ACTIVE 41156165v1 07/06/2016 �License No. MMA Date Issued Date Effective CITY OF MCHENRY APPLICATION FOR LIQUOR LICENSE UNDER CITY OF MCHENRY LIQUOR CONTROL ORDINANCE FISCAL YEAR 2016/2017 TO BE FILED WITH THE OFFICE OF THE MAYOR ALL LICENSES EXPIRE APRIL 30 FOLLOWING DATE OF ISSUANCE Fee Received Date Received Receipt Issued On Check No. Cashier's Chk. Cert. Check Cash NAME OF BUSINESS, ADDRESS, &TELEPHONE #.� 2. 3. 5. 6. 7 9. L0 (� U) y Please indicate form of ownership: CORPORATION _PARTNERSHIP INDIVIDUAL/SOLE PROP. IF CORPORATION: Corporation Name: Corporate Address: �5� ,tJ Corporate Phone Number: State of Incorporation: IF PARTNERSHIP: Name: Corporate Address: Corporate Phone Number: EMAIL: State of Incorporation: IF INDIVIDUAL/SOLE PROP: Applicant's Full Name: Date of Birth: Residence Address: Home Phone: Business Phone: EMAIL: Citizen of U.S.? Aoe� If a naturalized citizen, when and where naturalized?20 ®� Court in which (or law under which) naturalized: (A) If Applicant is a PARTNERSHIP, give name and address of all partners holding 5% or more of the partnership interest: (B) If Applicant is CORPORATION, give name, address and telephone number of owners holding 5% or more shares and registered agent: 2016 PAGE TWO 10. If Applicant and Local Mnager are not the same, give name, address and telephone number of Local Manager: Local Manager's: Date of Birth: Place of Birth: 11 Principal Type of Business: 'I HY�n " 12. What is current zoning for this property? 7�0 Iv 13. Type of License Sought: C )4 Citizen of U.S.? N/ 14. Date on which business was begun at this location: 15. Does applicant own premises for which license is sought? If not, state name and address of owner and attach copy of executed lease. 16. If property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church, school (except institutions of higher education), hospital, home foraged or indigent persons or for veterans and their families or any military or naval station? "C)f A. If answer to the above is "YES", is the applicant's place of business a hotel offering restaurant service, a regularly organized club, a food shop or other place where the sale of liquor is to the principal business? . If yes, how long has place of business been in 18. If applicant has ever engaged in the business or sale of alcoholic liquor at retail, list address of all locations (may attach supplemental sheet). �OCiNNq kJN5 19. Illinois State Liquor License Number: Attached copy of State Liquor License Certificate, DGive applicant's Retailer's Occupational tax (ROT) Registration Number: 21. Are you delinquent in the payment of the Retailer's Occupational Tax (Sales Tax), and if so, the reasons therefore: Q22,If this application is for anew license or a transferred license, attach to this Application a copy of Applicant's balance sheet and operating statement for the past three years, or if not available, other proof of financial responsibility. 23, State name and address of dram shop insurance company for both the licensee and owner of the building in which the alcoholic liquor will be sold for the duration of the license AND attach a copy of the declaration page showing the insured parties and amounts of coverage. �M ,5 i..o r+�, sIyJ r'i 'tea-�"e • _ I %1 (X11Q ��? 24. Describe parking facilities available to the business: 25. 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? 26. Will you maintain the entire premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? 27. 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? �. 28. 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? If answer is "YES", give particulars: 29. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation or the local manager, or in the case of partnership, any of the partners, ever been convicted of any violation of any law pertaining to alcoholic liquors? �� answer is "YES", explain: 30. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation and the local manager, or in the case of a partnership, any of the partners, ever been convicted of either a felony or a misdemeanor? If so, please describe: 31. Is any individual who is directly or indirectly interested in applicant's place of business, slaw -enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)? If so, please state name and address of such person: 2016 PAGE THREE 32, List your occupation or employment with addresses thereof for the past 10 years (if partnership or corporation, list same information for each partner and the local manager— (please attach). 33. Have you ever been convicted of a gambling offense (if a partnership or corporation, include all partners, owners of 5% or more shares of the corporation and the local manager)? If so, give all details: 34, 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? 35. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? 36, Have you, or any partner, or owner of 5% or more shares of the corporation or local manager, ever had a liquor license revoked or suspended? 37. If so, give all details, including location of the licensed property (please attach). CAUTION: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license and/or the issuance of a fine. No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises, either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m. to 4:30 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic beverages (not including packaged liquor sales); or (b) alcoholic beverages in non -original containers, such as plastic cups. Only original containers, such as cans, bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code, to take place on the licensed premises or on, about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. 2016 PAGE FOUR AFFIDAVIT STATE OF ILLINOIS ) ss COUNTY OF MCHENRY ) 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. SOLE PROPRIETOR: Signature of Applicant Subscribed and sworn to before me this PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title CORPORATION: (Authorized Agent of the Corporation) _ ` g Signature Print Name Title MANAGER: nO�liltfL SEAL" HOLLY 13. M�YERS Notary Public, State of Illinois hly Commission empires 05/10/18 Signature of Local Manager Print Name NOTARY PUBLIC Subscribed and sworn to before me this day of NOTARY PUBLIC Subscribed and sworn to before me this L� _dayof NOTARY Subscribed and sworn to before me this day of NOTARY PUBLIC 2016 ORDINANCE NO. MC-16- AN ORDINANCE Increasing number of Class A Liquor Licenses (3 Queens) WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, IL,LINOIS, as follows: SECTION 1: Section 4-6(1) of the Municipal Code relating to liquor license classifications is hereby amended by decreasing the number of Class "A" Liquor Licenses from twenty-eight (28) to twenty-nine (29). SECTION 3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 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 and APPROVED this 19th day of September 2016. Voting Aye: Voting Nay: Absent: Not Voting: Abstaining: ATTEST: City Clerk Mayor Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us AGENDA SUPPLEMENT DATE: September 19, 2016 T0: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Public Works Facility Standby Generator Project ATT: HR Green, Inc. Professional Services Agreement AGENDA ITEM SUMMARY: Staff requests City Council to consider a Professional Services Agreement with HR Green, Inc. for the design, bidding and construction observation for the Public Works Facility Standby Generator Project. BACKGROUND: Currently the Public Works Facility has very limited emergency standby electrical power capabilities in the event of a power failure. Only two overhead doors on the east side of the facility are operable during an electrical power outage. The need for a standby generator for the entire building was emphasized in June 2011 when a very powerful wind storm left the Public Works Facility without electrical power for several days. In addition, the Public Works Facility currently houses an evidence room for the McHenry Police Department and has been identified as the emergency backup facility should the McHenry Municipal Center not be available due to a catastrophic event. As part of the rehabilitation of Water Treatment Plant #2 a larger standby generator was installed replacing the existing generator at that location. Staff proposes to utilize the generator removed from Water Treatment Plant #2 at the Public Works Facility. This generator relocation will require combining the two existing electrical services at the Public Works Facility into one, the installation of an electrical transfer switch and miscellaneous conduit and wire installation. The 2016/17 Public Works Facility Improvements Capital Improvement Program (CIP) includes $270,000 for the Public Works Facility Standby Generator Project with funding from the sale of the lease of the cellular telecommunication monopole tower located in the parking lot of the Public Works Facility. City Council authorized the sale of the lease agreement in the amount of $417,500 at the March 7, 2016 City Council Meeting. ANALYSIS: In an effort to be able to develop a scope of services to be used to solicit proposals for the Public Works Facility Standby Generator Project, staff met with two electrical contractors to review the project. Unfortunately, after several discussions, it was determined that due to the complexity of the project a detailed design plan and contract proposal documents would be required for contractors to fairly and accurately submit bid proposals in terms of scope and, most importantly, cost. The development of these proposal documents require the expertise of an electrical engineer and, thus, fall outside of the scope of expertise of the City Project Engineer. The City Engineer, FIR Green, maintains the specific expertise to be able to develop the scope of services for this project and, therefore, have been asked to submit a Professional Services Agreement for the project. The scope of work includes engineering design, bidding services, and construction observation services. The engineering services fee is a time and material amount not to exceed $44,340.00. It is important to identify that once construction begins it may be possible for the City Project Engineer to provide construction management for the project. With that possibility, the contracted construction observation from FIR Green will be used on an as needed basis and as determined by the City Project Engineer and, as such, final costs for the project may not reach the requested amount of $44,340.00. However, this will not be able to be determined until the project is further along. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to approve the attached Professional Services Agreement with HR Green, Inc. for the Public Works Facility Standby Generator Project in an amount not to exceed $44,340.00 and authorization to publicly bid the Public Works Facility Standby Generator Project. HRGreen PROFESSIONAL SERVICES AGREEMENT For Public Works Generator Design, Bidding, and Construction Services Jon M. Schmitt Director of Public Works City of McHenry 1415 Industrial Drive McHenry, Illinois 60050 815-363-2186 Chad J. Pieper, P.E. Project Manager FIR Green 420 North Front Street McHenry, Illinois 60050 86160378 October 3, 2016 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Professional Services Agreement Public Work Generator 86160378 October 3, 2016 Page 1 of 10 THIS AGREEMENT is between CITY OF McHENRY (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.General Understanding The purpose of this Project is to provide Engineering Services to electrically connect an existing engine -generator to the Public Works Building to provide standby power for select loads. It is our understanding that the engine -generator has been moved from a McHenry Water Treatment Plant to the Public Works Building. During a preliminary investigation, COMPANY determined the following: 1. The engine -generator was built in approximately 1977 and its rating is approximately 200 kW. 2. For the Marathon model 500FDF4655AA generator, certain "wear parts" are still available, including bearings, diodes, rectifier, and exciter stator. 3. The generator can be reconnected from 480 VAC wye to 120/240 VAC delta. 4. For the Caterpillar Model 3306 diesel engine, parts are still readily available. 5. Connected load in the Public Works Building is approximately 350 kW. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: Task 1: Design 1. Conduct akick-off meeting or teleconference with the CLIENT to develop a CLIENT -COMPANY understanding of the Project personnel, schedule, deliverables, and communication protocols. 2. Visit the site to verify existing conditions. Staff from COMPANY for site visit will include, at a minimum, our Lead Electrical Design Engineer. COMPANY will review CLIENT provided "as built" drawings related to existing equipment for the site, verify existing conditions, determine which three-phase and single-phase loads require standby power, and explore options for connecting the engine - generator to the building electrical system. Thereafter, COMPANY will advise CLIENT (as needed) of additional information (including cost estimates) required to complete the project. 3. COMPANY will observe and document a load bank test of the existing generator will the purpose being to determine the operational capabilities of the generator. It is assumed that this test would be provided by a CLIENT preferred generator maintenance contractor. Professional Services Agreement Public Work Generator 86160378 October 3, 2016 Page 2 of 10 4. Develop the following items related to design: 5. Electrical evaluation shall include code compliance related to existing electrical installations: a. Working space as required by the National Electrical Code. b. Ground fault detection at the main breakers for MSWBD1 and MSWD2. 6. Develop a list of recommended corrective measures if electrical installation does not meet current NFPA 70 (National Electrical Code) requirements. 7. Develop at least two (2) but not more than four (4) options, including Engineer's Opinions of Probable Construction Costs (EOPCC), for connecting the engine - generator to the Public Works Building. Present pros and cons of each option to CLIENT for review and comments. Work with CLIENT to select one option for detailed design. 8. Submit to the CLIENT preliminary one -line, plan drawings, and Opinion of Probable Construction Cost (OPCC) for review. Teleconference with the CLIENT to review their comments. Incorporate mutually agreed -to comments into the final design. 9. Develop recommended cutover plan to minimize the impact of outages on the Public Works Building. 10. Develop time current coordination study and recommended breaker settings. 11. Develop the final design and submit Bid Documents to the CLIENT for review and meet or teleconference with the CLIENT to review their comments. Incorporate mutually agreed -to comments into the final Bid Documents. 12. Submit to the CLIENT the final Bidding Documents and a final OPCC. 13. Assumptions and Clarifications: a. Many utilities require notification when their customers install standby generators. COMPANY will determine whether such notification is required. In addition, the Public Works Building may need to be isolated from the utility for brief periods during construction. b. Construction can be completed in 20 weeks or less (approximately 5 weeks for submittal drawings, 10 weeks for equipment delivery, and 5 weeks on - site). Task 2: Bidding Services After authorization to proceed with the bidding phase, COMPANY shall: 1. Assume one Bidding Phase. 2. Print the required number of specifications, and contract documents for distribution to prospective bidders. As directed by CLIENT, drawings and Professional Services Agreement Public Work Generator 86160378 October 3, 2016 Page 3 of 10 specifications may be distributed electronically in pdf format in compact disc (CD) or on FTP web site. 3. Assist the CLIENT in advertising for and obtaining bids for construction, receive and process deposits for bidding documents, and maintain a record of prospective bidders to whom bid documents have been issued. 4. Issue Addenda as appropriate to interpret, clarify or expand bidding documents. 5. Conduct Pre -bid meeting and issue minutes of meeting. COMPANY Field Observer will attend, and forward Requests for Bid Clarification to Electrical Engineer. 6. Consult with and advise the CLIENT as to the acceptability of subcontractors, suppliers, and other persons and organizations proposed by the Contractor for those portions of the work where such acceptability is required by the bidding documents. 7. Attend the bid opening, prepare bid tabulation sheets, and assist the CLIENT in evaluating bids and awarding contracts for construction. 8. Prepare construction contract documents and deliver the executed documents to the CLIENT and its legal counsel for review. Task 3: Construction Observation Services 1. Attend a preconstruction meeting after award of construction contract with the CLIENT, contractor, and subcontractors. 2. Review shop drawings, samples, and other data which the contractor is required to submit, but only for conformance with design concept of the project and conformance with the information given in the contract documents, and only as requested by the CLIENT. Such review shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. It is anticipated that there will be three (3) major items requiring submittal review. This would be for the automatic transfer switches (ATS), the transformers, and the panel boards. Several minor submittals would include wires, conduits and other various parts and pieces type reviews. 3. Consult with and advise CLIENT and act as CLIENT's representative. The CLIENT's instructions to the contractor will be issued through the COMPANY, who will have the authority to act on behalf of CLIENT. The COMPANY shall not act on the CLIENT's behalf without securing actual authority from the CLIENT prior to taking such action. The COMPANY will provide qualified personnel to perform the Scope of Services. It is agreed that COMPANY shall assign the following personnel to manage the Services under this AGREEMENT. These persons are designated "Key Personnel" and shall not be replaced without prior written approval of the CLIENT. Chad J. Pieper. Professional Services Agreement Public Work Generator 86160378 October 3, 2016 Page 4 of 10 It is agreed that the CLIENT shall assign the following personnel to provide the CLIENT's authority to act on Behalf of the CLIENT. These persons are also designated "Key Personnel". Jon M. Schmitt 4. During the period of construction, and only as requested by the CLIENT, COMPANY shall make periodic visits to the site at various stages of construction as COMPANY deems appropriate. The purpose of these visits shall be to observe the site and work, to familiarize COMPANY with the progress and quality of the work, and to determine for the CLIENT's benefit and protection if the work is proceeding in accordance with the intent of the contract documents and construction schedule. On the basis of his on -site observations as a professional engineer, the COMPANY shall keep the CLIENT informed of the progress and quality of the work and he shall use reasonable care to inform the CLIENT of defects and deficiencies in the contractor's work and of the contractor's failure to carry out the work in accordance with the intent of the construction documents and the construction schedule. The COMPANY shall not, during such visits, supervise, direct or have control over the contractor's work nor shall COMPANY have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by the contractor, for safety precautions and programs incident to the work or for any failure of the contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the contractor furnishing and performing his work. Accordingly, the COMPANY makes no guarantee of the Contractor's performance of its construction contract with the City, nor assumes responsibility for the Contractor's failure to furnish and perform his work in accordance with the contract documents, however, this statement does not remove or eliminate the duties and obligations of the COMPANY as otherwise stated herein. During such visits COMPANY shall disapprove of or reject the Contractor's work, after obtaining CLIENT's approval, while it is in progress if COMPANY believes that such work will not produce a completed Project that conforms generally to the contract documents or that it will prejudice the integrity of the design concept of the Project as reflected in the contract documents. 5. Consult with CLIENT regarding the status of the work and partial payments due to the Contractor. Such recommendations of payment will constitute a representation to CLIENT, that the work has progressed to the point indicated, and that the quality of such work is substantially in conformance with the contract documents. In the case of unit price work, COMPANY's recommendation of payment will include determinations of quantities and classifications of such work. COMPANY's review of the Contractor's work for the purpose of recommending payments shall not impose on COMPANY the responsibility to make any examination to ascertain how or for what purposes the Contractor has used the monies paid on account of the contract price. 6. Assist CLIENT with equipment start-up, commissioning, and testing. 7. Conduct an observation as needed and requested by the CLIENT to assist the CLIENT in determining if the work is substantially complete and a final observation to determine if the completed work is acceptable so that COMPANY may recommend, in writing, final payment to the contractor and may give written Professional Services Agreement Public Work Generator 86160378 October 3, 2016 Page 5 of 10 notice to CLIENT and the contractor that the work is acceptable, but any such recommendation and notice will be subject to the limitations expressed in item 3, and the duties imposed under item 4. COMPANY will provide a punchlist for the Contractor. Preparation of a final punchlist and subsequent final walkthrough and review of close-out documents will be provided. 3.0 Schedules Included in this Agreement Item Completion Notice To Proceed From CLIENT October 2016 Out To Bid January 2017 Bid Opening / Award Substantial / Final Completion February August 2017 2017 This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: 1. Additional design review meetings or teleconferences. 2. Mechanical and Structural Engineering for the installation of the engine -generator. 3. Instrumentation and control upgrades or changes to programming 4. HVAC improvements 5. Additional construction observation (if construction cannot be completed within 20 weeks). Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others Load Bank Testing anticipated to be provided by CLIENT preferred generator maintenance contractor. 6.0 Client Responsibilities CLIENT shall provide the following items: 1. Identify a person authorized to act as the CLIENT's representative to respond to questions and make decisions on behalf of CLIENT, accept completed documents, approve payments to COMPANY, and serve as liaison with COMPANY as necessary for COMPANY to complete its Services. 2. Furnish to COMPANY, copies of existing documents and data pertinent to COMPANY's Scope of Services, including but not limited to and where applicable: design and record drawings for existing facilities; property Professional Services Agreement Public Work Generator 86160378 October 3, 2016 Page 6 of 10 descriptions, land use restrictions, surveys, geotechnical and environmental studies, or assessments. 3. Provide to COMPANY existing information regarding the existence and locations of utilities and other underground facilities. 4. Provide COMPANY safe access to premises necessary for COMPANY to provide the Services. 5. Inform COMPANY whenever CLIENT observes or becomes aware of a Hazardous Environmental Condition, as defined in Part IV.3. of this Agreement, that may affect COMPANY's Scope of Services or time for performance. 7.0 Professional Services Fee 1.Fees The fee for services will be based on COMPANY standard hourly rates current at the time the agreement is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the service is done. 2. Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney's fees. 3. Extra Services Any service required but not included as part of this contract shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 4. Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 5. Payment The CLIENT AGREES to pay COMPANY on the following basis: Time and material basis with a Not to Exceed fee of $44,340.00. Professional Services Agreement Public Work Generator 86160378 October 3, 2016 Page 7 of 10 See attachment A for a breakdown of an hours anticipated for this project. 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with Illinois law applicable to the professional services provided by COMPANY. 8.2 Entire Agreement This Agreement, and its attachments, constitutes the entire understanding between CLIENT and COMPANY relating to professional engineering services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. 8.3 Time Limit and Commencement of Work This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The work will be commenced immediately upon receipt of this signed Agreement. 8A Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. 8.5 Book of Account COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage arising from the negligent performance by COMPANY's employees of the functions and services required under this Agreement. Professional Liability insurance will be maintained for the professional services. See attached Exhibit B for Certificate of Insurance.. 8.7 Termination or Abandonment The CLIENT has the option to terminate this Agreement for any reason or no reason at all. 8.8 Waiver Either Party's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any arbitrator or court of competent jurisdiction ("Removed Provision"), all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. Provided, however, should an arbitrator or judge find that the Removed Provision is found to substantially affect the remaining terms of this Agreement, the arbitrator or court may blue pencil the Agreement according to intent of the parties. Professional Services Agreement Public Work Generator 86160378 October 3, 2016 Page 8 of 10 8.10 Successors and Assigns No assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT Is benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Illinois, McHenry County without regard to any conflict of laws provisions, which may apply the laws of other jurisdictions. 8.13 Dispute Resolution The CLIENT and COMPANY agree that they will first attempt to mutually work towards a resolution on any dispute between them arising out of or relating to this agreement. In the event a mutual agreement cannot be made between the parties, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or ADR Systems, Chicago, Illinois, In the discretion of the CLIENT, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Provided, however, the only exception to this exclusive procedure is with regard to enforcement of equitable remedies such as injunctive relief and mechanic lien rights which may be maintained by filing suit in the 22"d Judicial Circuit Court, McHenry County, Illinois. In the event of arbitration or litigation of this Agreement between the CLIENT and the COMPANY, the prevailing party to any litigation or arbitration shall be entitled to recover from the non - prevailing party all of its expenses incurred, including but not limited to (a) attorneys' fees, (b) filing costs, (c) witness fees, and (d) other general expenses of the litigation or arbitration. 8.14 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. At no cost to CLIENT, documents referenced in this section 8.14, shall be provided to the CLIENT in any requested format. 8.15 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's reuse of the electronic files. 8.16 Design Information in Electronic Form CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged, except as otherwise provided for herein. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Professional Services Agreement Public Work Generator 86160378 October 3, 2016 Page 9 of 10 8.17 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT (prepared by the COMPANY) with the General Contractor. The CLIENT also agrees that the COMPANY may confirm that the CLIENT's AGREEMENT (prepared by the COMPANY) provides that the CLIENT, COMPANY and COMPANY'S consultants shall be shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.18 Indemnification The COMPANY agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CLIENT, its officers, directors and employees (collectively, CLIENT) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the COMPANY'S negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the COMPANY is legally liable. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY, its officers, directors, employees and subconsultants (collectively, COMPANY) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the CLIENT'S negligent acts in connection with the Agreement and the acts of its contractors, subcontractors or consultants or anyone for whom the CLIENT is legally liable. Neither the CLIENT nor the CONSULTANT shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or for the negligence of others. 8.19 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this AGREEMENT, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. Professional Services Agreement Public Work Generator 86160378 October 3, 2016 Page 10 of 10 This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Services will not begin until COMPANY receives a signed agreement. COMPANY's services shall be limited to those expressly set forth in this AGREEMENT and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, INC. J. >adkJo.00rPieper, P.E. City Engineer Approved by: Printed/Typed Name: Timothy J. Hartnett Title: Vice President Date: CITY OF McHENRY Accepted by: Printed/Typed Name: Title: Date: October 3, 2016 Hrgmhnas:\\O:\86160378\Design\Contract\agt-090216-HR_Green_PSA-Public Works Generator_cjp.docx HRGreen Man -Hour Estimate Public Works Generator Job Number: 86160378 Date: October 2016 Exhibit A TASK Personnel MAN- HOURS LABOR COST Design Project Management 10 $1,660000 Project Engineer 82 $151580.00 Staff Engineer 4 $520.00 Sr. Project Engineer (QC) 4 $840.00 Technician (CAD) 60 $4,2000 Administrative 16 $1,040800 Subtotal: 176 $23,840.00 Bidding Project Management 7 $1,162.00 Project Engineer 12 $2,280000 Staff Engineer 9 $1,170600 Administrative 4 $260600 Subtotal: 32 $41872.00 Construction Project Management 8 $1,328000 Project Engineer 34 $6,460000 Staff Engineer 54 $7,020000 Technician (CAD) 4 $560000 Administrative 4 $260000 Subtotal: 104 $15,628.00 Total: 312 Contract Total: $441340.00 Based upon our understanding of the project detailed in this Contract, the above is a summary of man- hours and costs associated with the project. H rgmhnas:\\ O:\86160378\Design\Contract\ex-090216-Exhihit_A-Man-hour estimate-PW Gen.docx H