No preview available
HomeMy WebLinkAboutPacket - 06/01/2015 - City CouncilMC e 1 AGENDA REGULAR CITY COUNCIL MEETING Monday, June 1, 2015, 7:00 PM 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. City of McHenry Mission Statement 5. Public Hearing regarding the Preliminary Environmental Impacts Determination (PEID) for the Proposed Decommissioning of the City's Central Wastewater Treatment Plant and Consolidation with the City's South Wastewater Treatment Plant 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. Presentation of Proclamation to the McHenry Garden Club declaring June 7 through June 13 as National Garden Week in the City of McHenry 8. Consent Agenda: A. Approval of Mayor's recommendation to accept application submitted by city resident Donald Meyer requesting appointment to the Planning and Zoning Commission; B. Approval to purchase Aquatech B10-1500 installed on 2016 Freightliner Chassis from Hi -Vac Corporation through the National Joint Powers Alliance equipment contract for an amount not to exceed $359,479.00; C. Approval of Resolution authorizing the Mayor's execution of an Intergovernmental Agreement for participation in the McHenry County Major Investigation Assistance Team (MIAT); D. Approval of Special Event Liquor License for Nicolino's Belmont Stakes Celebration, 621 Ridgeview Drive, June 6, 2015; E. Approval of Special Event Liquor License for McHenry Baseball Association annual Family Picnic Day Fundraiser, McHenry VFW Post 4600, 3002 W. Route 120, June 6th; F. Park Special Use/Picnic Permits; and G. Approve List of Bills. 9. Presentation by the members of the McHenry Police Department on Emergency Dispatch Services and direction from the Council to move forward with the development of an Intergovernmental Agreement for joint dispatch services with the McHenry Township Fire Protection District to be presented for consideration at a future City Council meeting 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. r M McHenry City Council Meeting Agenda June 1, 2015 Page Two 10. Approval to execute Reassignment of Revolving Loan agreement for $34,000 with Utopian Roast, LLC d/b/a Hidden Pearl Cafe and New Revolving Loan Agreement for a 4-year term, with Utopian Roast, LLC d/b/a Hidden Pearl Cafe for the principal amount of $31,720.70 11. Approval of a Class A liquor license to DKS Investment Group d/b/a UpRooted, located at 2816 W. Route 120 and approval of Ordinance MC-15-1104 increasing number of Class A liquor licenses in effect from 23 to 24 12. Approval of a conditional use permit to allow a tavern and a 16-space parking variance from the off-street parking and loading requirements at 1711-1775 N. Richmond Road in the McHenry Grounds Shopping Center 13. Conditioned upon approval of Agenda Item #12; approval is requested for a Class H liquor license for Blackhawk Restaurant Group LLC d/b/a Betty's Bistro located at 1771 N. Richmond Road and approval of Ordinance MC-15-1105 increasing number of Class H liquor licenses in effect from three to four 14. Approval of an Ordinance granting a use variance to allow two principal land uses on one lot; a residential dwelling in the rear portion of the building; and a commercial use in the front of the building for the property located at 5114 West Elm Street 15. Approve request from McHenry County College Shah Center located at 4100 Shamrock Lane for variances to the sign ordinance relating to height and total sign area and approval of a variance to allow a temporary sign during construction and prior to installation of the permanent free-standing sign 16. Community Development Committee Recommendation to approve an Ordinance authorizing various text amendments to Municipal Code Chapter 7, Article XI, Fences relating to corner side yard, required front yard, double frontage lots, and non-residential property fence regulations 17. Update regarding Amendments to Water and Sewer Rates; Approval of an Ordinance authorizing the City of McHenry to borrow funds from the IEPA Water Pollution Control Loan Program in an amount not to exceed $35,000,000 that includes the Mayor and City Clerk's execution of the loan agreement; and, Authorization for staff to see competitive bids for the decommissioning of the Central Wastewater Treatment Plant and consolidation with the South Wastewater Treatment Plant 18. Mayor's Statement and Reports 19. Committee Reports 20. Staff Reports 21. Future Agenda Items 22. 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. Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us PUBLIC HEARING AGENDA SUPPLEMENT DATE: June 1, 2015 T0: Mayor and City Council FROM: Derik Morefield, City Administrator RE: Public Hearing regarding the Preliminary Environmental Impacts Determination (PEID) for the Proposed Decommissioning of the City's Central Wastewater Treatment Plant and Consolidation with the City's South Wastewater Treatment Plant In connection with the proposed IEPA loan to fund the consolidation of the wastewater treatment plants, the City is to conduct a public hearing on the IEPA's preliminary Environmental Impacts Determination (or "PEID") for the purpose of providing the public an opportunity to comment on the facilities plan to implement such consolidation of the treatment plants and the IEPA's environmental determination. The public has another 10 days from such public hearing for the submission of written comments to the City or the IEPA, and the City staff is glad to provide addresses and contacts if residents wish to do so. In turn, the City is to provide the IEPA with an accurate summary of such comments received, and any amendments to the facilities plan made in response to such comments. The City Council is not going to be asked to recommend or take any action in connection with the public hearing —only opening up such hearing, identifying the scope of the project and receiving input. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. PRESENTATION TO: McHenry City Council FROM: Susan E. Low, Mayor FOR: June 1, 2015 Regular City Council meeting RE: National Garden Week in City of McHenry Mayor Low will present a Proclamation to members of the McHenry Garden Club proclaiming the week of June 7 — 13 as National Garden Week in the City of McHenry. Proclamation W>IEREAS, National Garden Club was established in order to stimulate the love and knowledge of gardening and to aide in the protection of native trees, birds, shrubs and wild flowers; and WHEREAS, the National Garden Club encourages the accomplishment of at least one community garden project each year, civic planting, and the establishment of a community garden club; and WHEREAS, the McHenry Garden Club was instituted in January 2004 and embraces the goals and objectives of the National Garden Club; and WHEREAS, the McHenry Garden Club hopes to foster and stimulate a love of gardening, knowledge of gardening practices, and aid in the protection of native trees, birds, sluubs and wild flowers. NOW THEREFORE, I, Susan E. Low, Mayor of McHenry, do hereby proclaim June 7-13 National Garden Week in the City of McHe�zry and I urge all citizens to recognize the efforts of the McHenry Garden Club who volunteer their time, talents, and creativity for the beautification, education, and benefit of our community. Proclaimed this 1 Sr day of June 2015. Signed: Susan E. Low, Mayor Office of the Mayor Susan E. Low McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.d.mchenry.il.us CONSENT AGENDA DATE: May 18, 2015 TO: City Council FROM: Mayor Susan E. Low RE: Appointment to Planning and Zoning Commission ATT: Application At the June 1 St City Council meeting, I intend to appoint city resident Donald Meyer to the Planning and Zoning Commission. Mr. Meyer will fill the term that will be vacated by Paul Nadeau who is resigning from the commissi Non after the June meeting. Attached is a copy of Mr. Meyer's application. Please contact me prior to the meeting if you have any comments or concerns regarding this appointment. If City Council concurs with this appointment, then it is recommended a motion be made to appoint city resident Donald Meyer to the Planning and Zoning Commission effective July 1, 2015 as presented. 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. City of McHenry Application for Committee, Commission or Board Mail or Deliver to: Office of the Mayor, City of McHenry, 333 South Green St, McHenry IL 60050 Application for Appointment to Committee/Commissiow B oard. 1. Name: tt / 6P IVI4% U � Spouse: Address: '2c� 1 <-C(7Z(k " 4#41/� MG/94 > 4d90X�0 Phone: Home 9�4s' 3 z-y 7� 9 0 Work Mobile Y/s 9 7�q 7 yL City Resident Since: % j to (/,,, 2. In this Section please use P for Presently; F for Formerly: 3. Do you or any of your close family or business connections own, hold stock in, serve as director of or work for any business which provides products ors ices to: City of McHenry Other Government Entity If yes, please identify and explain: 4. Do you or any of your close family or business connections serve on any Committee, Commission, Board or otherwise with an organization or agency which has, or m'nhave, any business or personal transactions with the Committee, Commission or Board to which you are making application? -1'' If "yes" please identify and explain: 5. Are you ge r lly familiar with the functions and workings of the Committee/CommissionBoard to which you are making application? ..1� - Have u attended meetings of this body? Wh#t prompted you to apply for consideration of appointment to this position? Whammies, resDhnsibilities, accomplishments, publ}fations or community pxjojects hav yo -- artjated in or initiated wl�h you�gel may qualify you f�r this position? ,� ,,p.n �� ✓ ,.� /�-t-(� J��? Other comments: Other information you would like to include may be attached to this application. The Mayor, being responsible for appointments to Committees/CommissionsBoard will interview each applicant personally. What days and times are you Signed: The Mayor and the Ciry of McHenry wish to thank you for your interest It is appreciated! Date Received: 5� Date Considered: Action: Revised: 3/16/05 r TACC COX RiVEMW 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 CONSENT AGENDA SUPPLEMENT DATE: June 1, 2015 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Sanitary Sewer Maintenance Vehicle Purchase ATT: Hi -Vac Corporation Quotation and Specifications BACKGROUND: The 2015/16 Public Works Sewer Division Capital Equipment Fund includes funding for a sanitary sewer maintenance vehicle. This piece of equipment is essential to ensure the proper operation of the sanitary sewer collection system including the sanitary sewer lift stations. Staff intends to transfer the Sewer Division's current sanitary sewer maintenance vehicle, a 1998 Aquatech, to the Street Division. The Street Division will utilize the 1998 Aquatech to maintain the storm sewer collection system including driveway culverts. It will also be used as a backup to the new piece of equipment. ANALYSIS: The City once again will be using the National Joint Powers Alliance (NJPA) contract to provide the opportunity to use nationally and competitively -bid contracts for this purchase. NJPA is a public agency serving its members as a municipal contracting agency. NJPA establishes and provides nationally -leveraged and competitively -solicited purchasing contracts under the guidance of the Intergovernmental Cooperation Act (5 ILCS 220/1). The Governmental Joint Purchasing Act (30 ILCS 525) allows member agencies to legally purchase through these contracts without duplicating its own competitive -bidding process and requirements. The result of this cooperative effort is a high -quality selection of nationally - leveraged, competitively -bid contract solutions to help meet the ever -changing needs of current and future member agencies. NJPA is similar to the State of Illinois Joint Purchasing contracts that the city's utilizes to purchase dump trucks. The 2015/16 Public Works Sewer Division Capital Equipment Fund includes $360,000 for the purchase of the sanitary sewer maintenance vehicle. RECOMMENDATION: Therefore, if Council concurs, it is recommended to purchase a Aquatech 310-1500 installed on 2016 Freightliner chassis through the National Joint Powers Alliance's Equipment contract from HkVac Corporation in an amount not to exceed $359,479.00. 1VJPA PR®P®SAL PREPARED �'®R: C� u'%� co��' 6w�l�C=� ��� rr� ��� �K�IUI�:� C�-�r�c��fr� ���^c��� ���ic�.��Jc����y� �� �,�O�o /�/ - ' CORPORATION FNVIRONh1FNUL PRObLIC7S iOR A C'Lf'APLEL; VOliLO Aquatech B-10/1500 mounted on a Freightliner IVI2 PREPARED BY: R.N.O.W., Inc. 8636R W. National Avenue West Allis, WI 53227 (414)-541-5700 � (414}-543-9797 FAX • www.rnow-inc.com R.N.O.W., Inc. 8636R W. National Avenue West Allis, WI 53227 (414)-541-5700 (414)-543-9797 FAX www.rnow-inc.com May 4, 2015 City of McHenry 333 South Green Street McHenry, IL 60050 We want to take this chance to thank you for the opportunity to provide you quote on a new Aquatech B10-1500 rear reel combination sewer jetter and hydro excavator truck. We provided a quote on the Freightliner 108SD Chassis. The Freightliner chassis has local dealer support and provides a good chassis combination for the Aquatech body. We are very proud to be representing the Aquatech product line and are happy to be able to work with the City of McHenry on this project. As such, I wanted to write to you #o provide a little background on our organization. R.N.O.W., Inc. was started in 1992 and is located in West Allis, WI, and currently represents Ampliroll, Bridgeport, Loadmaster, Lodal, E-Z Pack, O'Brien, Schwarze, Aquatech, and the M-B Companies MSV. The company currently employs four sales representatives serving Wisconsin and Illinois. R.N.O,W. Inc. R.N.O.W, Inc specializes in the sale and service of municipal equipment, specifically refuse and recycling trucks, combination sewer jetting and catch basin trucks, street sweepers, leaf handling equipment, and multi -service vehicles, We have customers across the entire state of Wisconsin and Illinois and we value the relationships we have been able to establish with those customers. R.N.O.W., Inc. is part of a family business which got its start when it was separated from Dan Krall and Company, Inc. which has been in business for over 30-years specializing in hydraulic repair of pumps, valves, cylinders as well as a full service truck repair facility. Our main service facility is in two buildings occupying over 25,000 square feet. The shop features dual 7.5 ton overhead cranes, CNC Machines, welding and fabricating, and 4 full truck repair bays. In order to better serve customers on site we have two mobile service units. We also have arrangements with several truck repair facilities to assist with repairs and service on equipment sold in Minneapolis, MN, St. Peters, MO, and Chicago, IL. As noted on the quote this price represents NJPA contract pricing and the purchase order for the machine will go directly to Hi -Vac. Please send purchase orders to Hi -Vac Corporation attention Kent Parks. You can email the purchase order to him at kparks(Qhkvac.com or call him with questions at 800-752-2400. Otherwise please feel free to call me at 800-201-7669 or on my cell phone at 414-688-0701 as well. I appreciate the opportunity to introduce our organization and look forward to the opportunity to work with you. Sincerely, R.N.O.W., Inc. Steve Krall President Providin Exceptional Waste, Recycling, and Municipal Equipment Solutions R.N.O. W., Inc. 8636R West National Avenue West Allis, WI53227 Voice: 414-541-5700 Fax: 414-543-9797 Quoted To: CITY OF McHENRY 333 SOUTH GREEN STREET McHENRY, IL 60050 USA Customer Fax: 515.363.2214 Quote Number: e201&1587 Quote Date: May 11 2015 Page: 1 Sign above to accept quotation and place order Quantity Item Description Unit Price _ _ __A_mount:_ r - 1.00 FREIGHTLINER CHASSIS 201 FREIGHTLINER M2 CHASSIS 3595479400 359,479.00 SPECIFIED FOR AQUATECH JETTER TRUCK - Painted High Visibility Green 1.00 AT B10/1500 Aquatech model B-10 combination jet/vac - 10 yard debris - 1500 gallons of water - 23' Boom Turret forward ----------------------------------- 1.00 - Painted High Visibility Green to Match Chassis 1900 Roots 824 Blower ILO Roots 624 ----------------------------------- 1.00 80 GPM @ 2000 psi water pump ---------------------------------- 1.00 600' Cobra sewer hose installed on unit ----------------------------------- 1.00 610 internal tankflusher, high flow ---------------------------------- 1.00 Dual floor flusher 1 too Cold weather recirculation Thank you for the opportunity to quote SUBNIITTI';D BY Steven D. Krall President Subtotal Continued R.N.O W., Ltc. 8b36R West NationalAventre West Allis, WI53227 Voice: 414-541-5700 Fax: 414-543-9797 Quoted To: CITY OF McHENRY 333 SOUTH GREEN STREET McHENRY, IL 60050 USA Customer Fax: 815.363.2214 Quote Number: e2015-1587 Quote Date: May 1, 2015 Page: 2 Accepted By: Sign above to accept quotation and place orcler Customer ID Good Thru Payment Terms Sales Rep MCHENRY IL -CITY OF 5/31/15 DUE ON DELIVERY CJP Quantity Item Description Unit Price Amount ----------------------------------- 1.00 Air purge system, runs off air brakes to purge pump 1.00 12V cold weather recirculation package ----------------------------------- 1.00 Hydro -excavation package includes, high pressure hand gun, 50' X 1/2"hose, cyclone separator, drum filter 1.00 1!2" retractable hose reel -100' cap. ---------------------------------- 1.00 Side handgun connection w/ unloader 1.00 Dual Strobes, LED (left &right rear of unit) ----------------------------------- 1.00 Strobe, LED, on cab ----------------------------------- 1.00 Arrow board, LED, rear ----------------------------------- 1.00 Dual side mounted extension cylinders option to lower overall height of truck Thank you for the opportunity to quote SUBMITTED BY a T� Steven D. ICrall President Subtotal Continued Sales Tax Continued Freight TOTAL � Continued R.N.O. W., Inc. 863GR West N��tional Avenace West Allis, WI53227 Voice: 414-541-5700 Fax: 414-543-9797 Quoted To: CITY OF McHENRY 333 SOUTH GREEN STREET McHENRY, IL 60050 USA Customer Fax: 815.363.2214 Customer ID MCHENRY IL -CITY OF Good Thru 5131/15 Quote Number: e2015-1587 Quote Date: May 1, 2015 Page: 3 Accepted By: Sign above to accept quotation and place orcler Payment Terms DUE ON DELIVERY Sales Rep CJ P item Description Unit Price Amount Quantity 1.00 Boom clearance lights, LED 1.00 20' retractable cord &halogen spotlight ----------------------------------- 1.00 Dual retractable halogen work lights on boo m ----------------------------------- 1.00 Flood light (one at side dump station, two on rear) --------------------------------- 1.00 Control panel lights 1.00 Low water warning light 1.00 Back up alarm, 12 volt electric 1.00 6 way boom control joy stick 1.00 12 volt electrical outlet ----------------------------------- 1.00 Vacuum breaker 1.00 Petcock valve on Y strainer cap Thank you for the opportunity to quote SUBMITTED BY �J� Steven D. Krall President Subtotal Continued Sales Tax Continued Freight TOTAL Continued R.N.O.W., L1c. 8636R West National Avenue West Allis, WI 5322 7 Voice: 414-541-5700 Fax: 414-543-9797 Quoted To: CITY OF McHENRY 333 SOUTH GREEN STREET McHENRY, IL 60050 USA Customer Fax: 815.363.2214 Quote Number: e2015-1587 Quote Date. May 1, 2015 Page: 4 Accepted By: Sign above to accept quotation and place order Customer ID Good Thru Payment Terrns Sales Rep MCHENRY IL -CITY OF 5/31/15 DUE ON DELIVERY CJP Quantity Item Description Unit Price Amount 1.00 Intel -A -Count... NEW STYLE ONLY ---------------------------------- 1.00 Hose reel counter (o-ring type) mounted to re el ----------------------------------- 1.10 Boom up warning light & alarm 1 a00 Access steps, tank top 1.00 Dual Traffic cone holders (both sides of unit) ----------------------------------- 2.00 Aluminum Tool Boxes Installed as Standard Options plus ----------------------------------- 1.00 72"Wxl 5"Dx36"H behind cab tool box w/ shelf ---------------------------------- 1.00 Left tow hook 1.00 Right tow hook ----------------------------------- 1.00 Provision back up camera (pointed at boom Thank you for the opportunity to quote SUBMITTED BY Steven D. Krall President Subtotal Continued Sales Tax Continued R.N.O. W., Inc. 8636R West National Avenue West Allis, WI 53227 Voice: 414-541-5700 Fax: 414-543-9797 Quoted To: CITY OF McHENRY 333 SOUTH GREEN STREET McHENRY, IL 60050 USA Quote Number: e2015-1587 Quote Date: May 1, 2015 Page: 5 Accepted By: ___ Sign above to accept quotation and place order Customer Fax: 815.363.2214 — Customer ID Good Thru Payment Terms Sales Rep MCHENRY IL -CITY OF 5131/15 DUE ON DELIVERY I CJP Quantity Item Description Unit Price Amount - manhole camera) 1.00 Omnix wireless remote(14 function) 1.00 Debris tank vibrator ----------------------------------- 1.00 Splash shield, 1/2 rear door(3 o'clock to 9 o'clock with splash plate) 1.00 LED light package 1.00 25' fill hose ----------------------------------- 1.00 Fill hose storage basket 1.00 Automatic hose level wind rear reel with counter ---------------------------------- 4.00 8" x 7' aluminum extension tube (changed from 34 and 8 to 7) ----------------------------------- 1.00 Hydrant Wrench Thank you for the opportunity to quote SUBMITTED BY Steven D. Krall President Subtotal Continued Sales Tax Continued R.N.O. W., Inc. 8636R West National Avenue West Allis, WI S3227 Voice: 414-541-5700 Fax: 414-543-9797 Quoted To: CITY OF McHENRY 333 SOUTH GREEN STREET McH EN RY, IL 60050 USA Customer Fax: 815.363.2214 Quantity 1.00 Item 1.00 I US B 1-0301-8020-C LI Quote Number: e2015-1587 l Quote Date: May 1, 2015 Page: 6 Accepted B� Sign above to accept quotation and place order Description se guide with 20' rope ------------------ 20' leader hose, 1" Manhole vacuum tube support, for 8" tube 8" fluidizer nozzle 12" nozzle extension, 1" 6" - 8" nozzle guard, 1" A304478-6 Soft Dig Tube 6' Ball &Socket A304478 Soft Dig Tube 8' Ball &Socket A238213 REDUCER,8" FEMALE AQ X 6" MALE AQ,GALV, DREDGER NOZZLE 1" - 8 INSERTS 12"-24" PIPE DIAMETER (80GPM) Thank you for the opportunity to quote SUBMITTED BY Steven D. Krall President Unit Price I Amount Subtotal Continued Sales Tax Continued Freight TOTAL Continued R.N.D. W., Inc. 8636R West National Avenue West Allis, WI53227 Voice: 414-541-5700 Fax: 414-543-9797 Quoted To: CITY OF MCHENRY 333 SOUTH GREEN STREET McHENRY, IL 60050 USA Customer Fax: 815.363.2214 Quote Number: e2015-1587 Quote Date: May 1, 2015 Page: 7 Accepted By: ____ Sign above to accept qce uotation and place der Customer ID Good Thru Payment Terms Sales Rep MCHENRY IL -CITY OF 5/31/15 DUE ON DELIVERY CJP Quantity I Item � Description NATIONAL JOINT POWERS ALLIANCE NJPA CONTRACT #022014-HVC ISSUE PURCHASE ORDER TO: Hi -Vac Inc. 117 Industry Road Marietta Ohio 45750 REFERENCE: R.N.O.W.,IncQuote# e2015-1587 Thank you for the opportunity to quote SUBMITTED BY Steven D. Krall President Amount Unit Price Subtotal 359,479.00 Sales Tax Freight TOTAL 359,479.00 I AlrCAFU Mae �1 G F E A T U R C. S A N D B E N E F I T S Rear Mounted Hose Reel Water Tanks Pump Off Automatic . f wn hop Draining System nr (l�8tel $a tL t 1 • di,I, , n � � dD.�. ,. „ a 4 g , • r t run¢es noise and beat denml.r polyethylene 1 pi and simple engine Inspection 100•, (of r� Bunn- dnJ •Pig steer it, - • 100% held ul III lur dnvri Atli .t . _. . • Mast productive operalind syslem Guatanlued ugmnsl ;uno spltllin,I to wanking Single Engine Operation for All Systems Variable Control Flow Valve •� 111 4 a Allows for infinitely adjustable gow � �.1 . " rates Indeabndenl ld engine RPM Cylindrical Debris Tank Without Internal Obstructions • Ehmattles accumufahn of corrosrn watt" • Manufactured of r•' l gh slrengee bleel 360 Boom, Frontild Loading of Debris High Pressure, Continuous Flow Water Pump Ma... �oaltivo Displacement Blower • tYfunt muns.,pal at'.Xiu: dine i; r Alm sw tional bertaall aaar ifi11e0e RoMIIWe1r(aoiMNtodf weed ad An''. nn„il"I vi inm A% r:,:i Unobstructed Access to the Engine • lit elites nnie dM: i-died iJ Udi i Inwpactons of the. InJCX s ergmu A' pN'b rgterelora unrestricted access t� I the trurX 5 engine at any lime Debris Separation Grille All, ws III dived drduting ul r Pluent 'through tea discharge III tut efficient dee8ntatg Discharge Valve • Lncalad al I�Nesl peel nl dalmt lank atWwu,g compaate emplpag of erhuem Dual Head Flush Out Internal Cleaning System • f acldales dumping at eubns m rlenmrg of fhe define tam Vacuum Booster Valve Designed for Underwater (Submerged) Fow Hydraulic Safety Latehes r 1 rate, Split Shait Powcr Transfer (PTO) t t 1 1 1 1 1 if �e 0 A product of Hi -Vac u'TiJ� t ?' OSHA defines ergonomics as the scrence of lilting wwkplar•r conditions and tub demands to the capabilities of the working populaliun. Sometimes referred to as EPP (Ergonomic Pro- ductive Position) and EPS (Ergonomic Productive Systems), Ayualedi cunsiders factors related to the operator as well as tar tors Thal will make the most economic sense to the entity purchasing the equipment. Fortunately, most limes, these fac- tors have the same objectives -a safe, efficient product that provides the best working environment. L Why is any of this important when considering a new jetting/ vacuum system? The answer is Ihat an ergonomic design can be the difference in Iminuved enhployea safely, satisfaction, job ' efficiency and ultimately piuduclivily. In other words, choosing a combination jeUvac system with an argunomic design built in can actually translate to your bullum line and a faster return ' on investment. With municipal budgets lightened and constrained Ilkc never ' L,ufore, any advanlago when purchasing capital rquiprnenl • is magnified. Alternatively, opting for equipment that promises it solutions and ullimufuly does not deliver ran set your city back fI years, let alone hunrheds of thousands of dollars. At Aquatech, we recognize that many factors go into an ergonomic design. That is why we consider not only the posture of the operator but also other factors that can significantly affect operator productivity such as: controlling noise levels to lower than 90 dB by not having the operator working in close proximity to the diesel engine lessening exposure of extreme heal to the operator by positioning the hose reel at the REAR of the machine rather than the front Other factors in the Aquatech design relate specifically to safety issues including: — significantly improving the driver's field of vision and eliminating blind spots by positioning the hose reel and boom hose at the REAR of the truck, thereby eliminating the area (up to 40%) blocked by a front reel and front mounted boom hose • allowing the operator to stand upright rather than bent over when using the hose reel (thanks to a higher position • placement of the reel) These factors as well as others promote worker health and safety with the goal of minimizing downtime and needless Injury. This can provide significant savings in worker's comp, medical Insurance costs and the forced retirement of a good 117 Industry Road 0 employee put on disability due to a work Injury that could have I,nena Ohio 45750 been avoided. In short, Aquatech systems allow man and machine to work In harmony to achieve optimum efficiency and �afbs44:iu•vac, productivity. Dimensions 610 B15 U,S. Metric U-s. Metric A. Overall length 267" 6782 mm 331" 8407 mm B. Height above truck frame 103" 2616 mm 103" 2616 mm C. Overallwidth 98" 2489 mm 98" 2489 mm Dlmenslotts may vary with chassis and options selected, Specifications are subject to change without notice. All ►atinge are calculated at sea level. Patents applied Tor. Some features may be optional. AIRJVAC SYSTEM Posftive displacement exhauster 2700 CFM {4588 m'/h) operating capacity, 204" (5282 mm) water column Poly chain drive Muffler silencer Protected by micro-filter/centrifugal separator Vacuum relief valves DEBRIS TANK Cylindrical design 10 cu. yd. (7.6 m') B10 15 cu. yd. (31.5 m') B15 Dumping 450 Hydraulia power up/down cylinder Self -aligning closure seal Top -hinged full opening rear door Two 5" (127 mm) liquid level sight eyes Debris deflector plate Double strainer for rear door drain Rear door Security prop 4 mechanical rear door locks Rear door power up/down hydraulic cylinder Stainless steel ball check valve 6" (152 mm) quick opening rear drain valve 6" (152 mm) x 15" (4.6 m) lay net discharge BOOM Top mounted 3606 hydraulic rotation Portable pendant, controls all functions Internal boom valve 8" (203 mm) extra heavy duty rubber Intake hose Extends to 20' (6.1 m) Powers up/down Rear storage location Quick open cleanout WATER SYSTEM Triplex reciprocating 80 GPM (303 liters) 2500 PSI (372 bar) Poly chain drive Pressure relief valve Water flow control valve Air valve on pump for cold weather operation Wash down gun connection Wash down gun with 35' (10.7 m) of 112" (12.7 mm) hose Printed in U.S.A. @1999 Aquatech, Inc. CHI Vac Corporation CPC 6M08 GENERAL DESCRIPTION 800 PSI (55 bar) relief valve Suction strainer WATER TANK B101000 gal. (3785 liters) B151500 gal. (5677 liters} Saddles tanks Independent of debris tank Matodal: U.V. stabilized 3/8" (9.5 mm) thick Fully baffled Anti -syphon air gap protection Curb side fill 2 liquid level indicators Removable Inspection covers Limited lifetime warranty HOSE REEL Rear mounted Hydraulic 1800 articulating A00' (122 m) of 1" (25A mm), 2500 PSI (172 bar) hose 800' of 1" (248 m) hose capacity Reel speed control valve Hose levelwind Hydraulic drive Pneumatic food control pedals Automatic positioning lock Engine throttle Vacuum/pressure gauge Tachometer Water pressure gauge POWER TAKE -OFF Split shaft transfer case Pneumatic shining ACCESSORIES, STANDARD Hinged tank support prop 8" x 8' (203 mm x 2.4 m) aluminum extension tube 8" x 6' (203 mm x 1.8 m) aluminum intake tube Two operation, parts and service manuals (unit only) 15° nozzle 35° nozzle Manhole hose guide Painted one color, acrylic enamel TOUch-up paint 2 aluminum tool boxes Tube storage carriers on front bumper Aluminum fenders Mud flaps 180° ARTICULATION (TOP VIEW) VACUUM/DEBRIS TANK OPTIONS Hydraulic rear door locks Water pump-0ff system Internal flushiout system Exnausters up to 4500 CFM Telescoping boom to 25' (7.6 m) Wastewater recycling Fluidizer for underwater suction Stainless steel tank Tank vlbrator WATER SYSTEM OPTIONS Caltl weather recirculation RUbberleader hose 35-160 GPM (132-605 liters) water pumps Pressure: 0.3000 psl (207 bar) (12.7 mm) hose reel Pulsation dampener Increased water capacity OTHER OPTIONS Front mounted hose reel Power tilt for front mounted hose reel Front mounted extending 320° rotating rose reel Counter for iavelwlnd Street flushers Debris and water tank Interconnect Deluxe tube storage racks Power deck shroud and shirting Body arrow light board For other options, see Aquateoh'o accessory catalog. SpeClflcatl0ns are Bab)0Ct 40 Change without notice. Sumo photographs may show optional equipment. All ratings are celcula4ed at sea loyal. Patents applied for. . wr w� �re�►u A Product of Hi -Vac Corporation —_ 117 Industry Road, Marietta, Ohio 45750 USA E-mail Corporate: Tel: 740.374.2306 6 Tall Free: BOc.752.2400wco Fax: 740.374.5447 ♦Web: ww.hi-vac.m : sales@hi-vac.cam Aquatech:740.374.8171 � Toll Free: 800.800.1016 Fax: 740.374.5447 6Web:wwwhi-vac.com E-mail: sales@hl-vac.com �[J I� Cr-. i B-3/5 'I •�^ �� n B-10 �` .� ,w ,�-{-� � � �A - - - .. �` ` ® SJ-1650 �� ,�_ � -1 1 .. 6-40/73 ��-�'® ) B-7/15 IS/�l�E�� �` 6 `� B-15 ® ® F B-15 PD LRP • �, �� :a a �' i ��' B-6 L ..� __ .�} Front Reel `J CB-10 . ,. ` �-� B-10/25 \ i CB-15 AQUATECN COMBINATIONS TO MEET ANY SIZE JOB Aquatech combinations are designed to save you For contractors, municipalities and industrial site time, money and increase your productivity. These are use, the full line of Aquatech combination cleaning/ user-friendly machines that are tough enough to vacuuming machines satisfies any demanding sewer tackle any job. And get it done right. JJM,11M. Al, cleaning application - small or large. Tr�.aek Yards Gallons CFM/PD GPM PSI ___ B-3/5 3 5UO 1Iuv s5-4u JZU00 B-5 1000 2700 (4200) ** 65-80t 2000-2500 B-52 5 2000 2700 (4200) *' 65-801 2000-2500 B-6 6 500 2100 35-40 2000 B-7/15 7 1500 2700 (4200)** 65-80t 2000-2500 B-10 10 1000 2700 (4200)** 65-80t 20W2500 B-10/13 10 1300 2700 (4200)** 65-80t 20W2500 B=15 15 1500 2700 (4200)** 65-80t 2000-2500 B=15 PD LRP 15 1500 4200 80 2000m2500 B-10/25* 10 2500 2700 (4200)** 65-80t 20W2500 B=20 20 2000 2700 (4200)** 65-80t 2000m2500 SJM1650 — 1600 65-80t 2000m2500 CB=10 10 500-1000 2700 35 O-2000 CBA 5 15 500-1500 2700 35 0-2000 *Q-10/25 regpires drop axle ** Larger CFM r Larger GPM available Tel: 740-374-2306 Fax: 740-374-5447 Toll Free USA: 800-752-2400 Web: www.hi-vac.com E-mail: sales@hi-vac.com 117 Industry Road Marietta, OH 45750 USA Phone: 740-374-2306 800-752-2400 Fax: 740-274-5447 QUANTITY PART # DESCRIPTION: 1 B-10/1600 10 YD debris 1600 Gallon water combination unit (Includes 23' boom, turret forward) 1 340405 Roots 824 Blower 1 80 GPM @ 2000 psi water pump 1 175252 600' sewer hose installed on unit 1 215555-1 Unloader valve 1 130635 B10 internal tank flusher, high flow 1 338837-1 Dual floor flusher 1 131402 Cold weather recirculation 1 1239902 Air purge system, runs off air brakes to purge pump 1 JNPN 12V cold weather recirculation package f1i 1 NPN hose, cyclone separator, drum filter 1 130572400 112" retractable hose reel 400' cap. 1 NPN side handgun connection wl unloader 2 000403-8 Strobe, LED (left & right rear of unit) 1 000404-LED Strobe, LED, on cab 1 1120395mLED Arrow board, LED, rear 1 3802824 Boom clearance lights, LED 1 120111 20' retractable cord & halogen spotlight 1 120378 Dual retractable halogen work lights on boom 3 120401 Flood light (one at side dump station, two on 1 1120101 Control panel lights 1 120063 Low water warning light 1 120002 Back up alarm, 12 volt electric 1 110452A 6 way boom control joy stick 1 120705 12 volt electrical outlet 1 INPN Vacuum breaker gun, 1 380903 Petcock valve on Y strainer cap 1 NPN Intel-A-Count...NEW STYLE ONLY 1 2202304 Hose reel counter (o-ring type) mounted to reel 1 1217044 Boom up warning light &alarm 1 243924A Access steps, tank top 2 220260 Traffic cone holder (both sides of unit) 1 220271 Left tow hook 1 1220281 Right tow hook 1 382557A Provision back up camera (pointed at boom - manhole camera) 1 246901.4 Debris tank vibrator 1 382413-5 Splash shield, 112 rear door(3 o'clock to 9 o'clock with splash plate) 1 NPN LED liaht nackaae 1 NPN Fill hose storage basket 1 A382703-2 Automatic hose level wind rear reel with counter 1 A387082 Omnix wireless remote(14 function) 4 8" x 7' aluminum extension tube (changed from 3=4 and 8 to 7 1 1176150 25' fill hose 1 220330 Hydrant wrench 1 235006 Flexible hose guide with 20' rope 1 176110 20' leader hose, 1" 1 238083 Manhole vacuum tube support, for 8" tube 1 1384071 8" fluidizer nozzle 1 130001 12 nozzle extension, 1" 1 130010 6" - 8" nozzle guard, 1" 1 A304478-6 ISoft Diq Tube 6' Ball & Socket 1 A304478 Soft Dig Tube 8' Ball & Socket 1 A238213 REDUCER,8" FEMALE AQ X 6" MALE AQ,GALV. 1 A180549.2 72"Wx15"Dx36"H behind cab tool box w/ shelf 1 1-0301-8020-C USB Nozzle 1-0301-8020-C 1 CHASSIS 2016 Freightliner 108SD 1 Training Factory In -Service Training at Customer Location Prepared for: Steve Krall RNOW 8636R West National Ave West Allis, WI 53227 Phone:414-541-5700 Prepared by: John Di Novella TRUCK COUNTRY OF WISCONSIN, INC. 4195 ANDERSON ROAD DE FOREST, WI 53532 Phone: 60&212-3695 &Mail: JohnDiNovella@truckcountry.com A proposal for RNOW Prepared by TRUCK COUNTRY OF WISCONSIN, INC. John Di Novella May 08, 2095 Freightliner 108SD Components shown may not reflect all speed options and are not to scale 1640 3701SL 3RDS AirRide McHenry City Tender # 2015 Delivery 05/08/2015 10:02 AM Page 1 of 18 Prepared for: Steve Kral[ RNOW 8636R West National Ave West Allis, WI 53227 )hone:414-541-5700 S P E C I F I C A T I O N Prepared by: John Di Novella TRUCK COUNTRY OF WISCONSIN, INC. 4195 ANDERSON ROAD DEFOREST, WI 53532 Phone: 608-212-3695 E-Mail: JohnDiNovella@truciccountry.com P R O P O S A L Weight Weight Data Code Description Front Rear Retail Price Price Level PRL-13D SD PRL STD Data Version DRL-011 SPECPR021 N/C Vehicle Configuration 001A76 108SD CONVENTIONAL CHASSIS 61829 31748 $117,550,00 004-216 2016 MODEL YEAR SPECIFIED STD 002-004 SET BACK AXLE - TRUCK STD 019-002 STRAIGHT TRUCK PROVISION STD 003-001 LH PRIMARY STEERING LOCATION STD General Service AA1-002 TRUCK CONFIGURATION STD AA6-001 DOMICILED, USA 50 STATES (INCLUDING N/C CALIFORNIA AND CARB OPT -IN STATES) A85-010 UTILITY/REPAIR/MAINTENANCE SERVICE N/C A84-1GM GOVERNMENT BUSINESS SEGMENT N/C AA4-002 LIQUID BULK COMMODITY N/C AA5-002 TERRAIN/DUTY: 100% (ALL) OF THE TIME, IN STD TRANSIT, IS SPENT ON PAVED ROADS AB1-008 MAXIMUM 8% EXPECTED GRADE STD AB5-001 SMOOTH CONCRETE OR ASPHALT PAVEMENT- STD MOST SEVERE IN -TRANSIT (BETWEEN SITES) ROAD SURFACE 995-1AE FREIGHTLINER LEVEL II WARRANTY N/C A66-99D EXPECTED FRONT AXLE(S) LOAD: 14000.0 Ibs A68-99D EXPECTED REAR DRIVE AXLE(S) LOAD: 40000.0 Ibs A63-99D EXPECTED GROSS VEHICLE WEIGHT CAPACITY 54000.0 Ibs Truck Service 1640 3701SL 3RDS AirRide McHenry ® Tender # 2015 Delivery City 05/08/2015 10:02 AM Page 2 of 18 Prepared for: Steve Krall RNOW 8636R West National Ave West Allis, WI 53227 Phone:414-541-5700 Engine Data Code Description AA3-003 TANK BODY A88-99D EXPECTED TRUCK BODY LENGTH: 0.0 ft AF7-99D EXPECTED BODY/PAYLOAD CG HEIGHT ABOVE FRAME "XX" INCHES: 32.0 in 101-2XN CUM ISL 370 HP @ 2000 RPM, 2100 GOV RPM, 1250 LB/FT @ 1400 RPM Electronic Parameters 79A-075 75 MPH ROAD SPEED LIMIT 79B-000 CRUISE CONTROL SPEED LIMIT SAME AS ROAD SPEED LIMIT 79K-007 79M-001 79P-002 79Q-003 79S-001 79U-003 79V-001 80G-002 80J-002 Engine Equipment PTO MODE ENGINE RPM LIMIT - 1100 RPM TO MODE BRAKE OVERRIDE - SERVICE BRAKE APPLIED TO RPM WITH CRUISE SET SWITCH - 700 RPM PTO RPM WITH CRUISE RESUME SWITCH - 800 RPM TO MODE CANCEL VEHICLE SPEED - 5 MPH TO GOVERNOR RAMP RATE - 75 RPM PER SECOND ENABLE REGENERATION IN PTO MODE TO MINIMUM RPM - 700 REGEN INHIBIT SPEED THRESHOLD - 5 MPH 99C-015 2015 ONBOARD DIAGNOSTICS/2010 EPA/CARB/GHG 14 99D-009 2008 CARB EMISSION CERTIFICATION - CLEAN IDLE (INCLUDES 6X4 INCH LABEL ON LEFT SIDE OF HOOD) 13E-001 STANDARD OIL PAN 105-001 ENGINE MOUNTED OIL CHECK AND FILL 014-099 SIDE OF HOOD AIR INTAKE WITH FIREWALL MOUNTED DONALDSON AIR CLEANER 124-1 D7 DR 12V 160 AMP 28-SI QUADRAMOUNT PAD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE 292-098 (2) ALLIANCE MODEL 1231, GROUP 31, 12 VOLT MAINTENANCE FREE 2250 CCA THREADED STUD BATTERIES 290-017 BATTERY BOX FRAME MOUNTED 1640 3701SL 3RDS AirRide McHenry City Prepared by: John Di Novella TRUCK COUNTRY OF WISCONSIN, INC. 4195 ANDERSON ROAD DEFOREST, WI 53532 Phone: 608-212-3695 E-Mail: Joh nDiNovella@truckcountry.com Weight Weight Front Rear Retail Price N/C $7,774.00 N/C N/C N/C N/C N!C N/C NIC N/C N/C N/C N/C STD $106,00 STD STD STD STD STD STD Tender # 2015 Delivery 05l08/2015 10:02 AM Page 3 of 18 Prepared for: Prepared by: Steve Krall John Di Novella RNOW TRUCK COUNTRY OF 8636R West National Ave WISCONSIN, INC. West Allis, WI 53227 4195 ANDERSON ROAD Phone: 414-541-5700 DEFOREST, WI 53532 Phone: 608-212-3695 EWail: JohnDiNovella@truckcountry.com Weight Weight Data Code Description Front Rear Retail Price 281-001 STANDARD BATTERY JUMPERS STD 282-003 SINGLE BATTERY BOX FRAME MOUNTED LH STD SIDE BACK OF CAB 291-017 WIRE GROUND RETURN FOR BATTERY CABLES STD WITH ADDITIONAL FRAME GROUND RETURN 289-001 NON -POLISHED BATTERY BOX COVER STD 107-032 CUMMINS TURBOCHARGED 18.7 CFM AIR STD COMPRESSOR WITH INTERNAL SAFETY VALVE 152-041 ELECTRONIC ENGINE INTEGRAL SHUTDOWN STD PROTECTION SYSTEM 128-076 CUMMINS EXHAUST BRAKE INTEGRAL WITH 20 $34.00 VARIABLE GEOMETRY TURBO WITH ON/OFF DASH SWITCH 016-9C2 RH OUTBOARD UNDER STEP MOUNTED 30 25 $874,00 HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH B-PILLAR MOUNTED VERTICAL TAILPIPE 28F-007 ENGINE AFTERTREATMENT DEVICE, N/C AUTOMATIC OVER THE ROAD ACTIVE REGENERATION AND DASH MOUNTED SINGLE REGENERATION REQUEST/INHIBIT SWITCH 239-038 11 FOOT 06 INCH (138 INCH+O/-5 INCH) N/C EXHAUST SYSTEM HEIGHT 233-017 STANDARD CURVE BRIGHT UPPER STACK(S) $244,00 237-1CR RH CURVED VERTICAL TAILPIPE B-PILLAR N/C MOUNTED ROUTED FROM STEP 23U-001 6 GALLON DIESEL EXHAUST FLUID TANK -40 -20 ($95.00) 30W003 100 PERCENT DIESEL EXHAUST FLUID FILL ($17.00) 23Y-001 STANDARD DIESEL EXHAUST FLUID PUMP STD MOUNTING 43X-002 LH MEDIUM DUTY STANDARD DIESEL EXHAUST STD FLUID TANK LOCATION 43Y-001 STANDARD DIESEL EXHAUST FLUID TANK CAP STD 242-001 STAINLESS STEEL AFTERTREATMENT $18.00 DEVICE/MUFFLER/TAILPIPE SHIELD 273-018 HORTON DRIVEMASTER ON/OFF FAN DRIVE STD 276-001 AUTOMATIC FAN CONTROL WITHOUT DASH STD SWITCH, NON ENGINE MOUNTED 110-003 CUMMINS SPIN ON FUEL FILTER STD 118-008 COMBINATION FULL FLOW/BYPASS OIL FILTER STD 266-028 1200 SQUARE INCH ALUMINUM RADIATOR STD 103-036 ANTIFREEZE TO -34F, ETHYLENE GLYCOL PRE- N/C CHARGED SCA HEAVY DUTY COOLANT 1640 3701SL 3RDS AirRide McHenry ® Tender # 2015 Delivery City 05/08/2015 10:02 AM Page 4 of 18 Prepared for: Prepared by: Steve Krall John Di Novella RNOW TRUCK COUNTRY OF 8636R West National Ave WISCONSIN, INC. West Allis, WI 53227 4195 ANDERSON ROAD Phone: 414-541-5700 DEFOREST, WI 53532 Phone: 608-212-3695 E-Mail: JohnDiNovella@truckcountry.com Weight Weight Data Code Description Front Rear Retail Price 171-007 GATES BLUE STRIPE COOLANT HOSES OR STD EQUIVALENT 172-001 CONSTANT TENSION HOSE CLAMPS FOR STD COOLANT HOSES 270-016 RADIATOR DRAIN VALVE STD 138=011 PHILLIPS-TEMRO 1000 WATT/115 VOLT BLOCK 4 $86,00 HEATER 140=053 BLACK PLASTIC ENGINE HEATER RECEPTACLE N/C MOUNTED UNDER LH DOOR 132-004 ELECTRIC GRID AIR INTAKE WARMER STD 155-058 DELCO 12V 38MT HD STARTER WITH STD INTEGRATED MAGNETIC SWITCH Transmission 342-582 ALLISON 3000 RDS AUTOMATIC TRANSMISSION STD WITH PTO PROVISION Transmission Equipment 343-316 ALLISON VOCATIONAL PACKAGE 150 - N/C AVAILABLE ON 3000/4000 PRODUCT FAMILIES WITH VOCATIONAL MODEL RDS 84B-012 ALLISON VOCATIONAL RATING FOR ON/OFF N/C HIGHWAY APPLICATIONS AVAILABLE WITH ALL PRODUCT FAMILIES 84C-023 PRIMARY MODE GEARS, LOWEST GEAR 1, STD START GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84D-021 SECONDARY MODE GEARS, LOWEST GEAR 1, N/C START GEAR 1, HIGHEST GEAR 4, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 353-002 VEHICLE INTERFACE WIRING WITH BODY $72,00 BUILDER CONNECTOR MOUNTED ON FIREWALL, NO BLUNT CUTS 34C-001 ELECTRONIC TRANSMISSION CUSTOMER $38,00 ACCESS CONNECTOR FIREWALL MOUNTED 362-035 CUSTOMER INSTALLED CHELSEA 277 SERIES N/C PTO 363-002 PTO MOUNTING, RH SIDE OF MAIN N/C TRANSMISSION 341-018 MAGNETIC PLUGS, ENGINE DRAIN, STD TRANSMISSION DRAIN, AXLE(S) FILL AND DRAIN 345-003 PUSH BUTTON ELECTRONIC SHIFT CONTROL, STD DASH MOUNTED 97G-004 TRANSMISSION PROGNOSTICS - ENABLED 2013 STD 1640 3701SL 3RDS AirRide McHenry ® Tender# 2015 Delivery City(GEMEM 05/08/2015 10:02 AM Page 5 of 18 Prepared for: Steve Krall RNOW 8636R West National Ave West Allis, WI 53227 Phone: 414-541-5700 Prepared by: John Di Novella TRUCK COUNTRY OF WISCONSIN, INC. 4195 ANDERSON ROAD DE FOREST, WI 53532 Phone:608-212-3695 E-Mail: JohnDiNovella@truci<country.com Weight Weight Data Code Description Front Rear Retail Price 370-015 WATER TO OIL TRANSMISSION COOLER, IN STD RADIATOR END TANK 346-003 TRANSMISSION OIL CHECK AND FILL WITH STD ELECTRONIC OIL LEVEL CHECK 35T-001 SYNTHETIC TRANSMISSION FLUID (TES-295 STD COMPLIANT) Front Axle and Equipment 400-1A9 DETROIT DA-F-16.0-5 16,000# FL1 71.0 KPI/3.74 190 $1,909.00 DROP SINGLE FRONT AXLE 402-030 MERITOR 16.5X6 Q+ CAST SPIDER CAM FRONT 10 N/C BRAKES, DOUBLE ANCHOR, FABRICATED SHOES 403-002 NON -ASBESTOS FRONT BRAKE LINING STD 419-023 CONMET CAST IRON FRONT BRAKE DRUMS STD 427-001 FRONT BRAKE DUST SHIELDS 5 $109,00 409-021 SKF SCOTSEAL PLUS XL FRONT OIL SEALS STD 408-001 VENTED FRONT HUB CAPS WITH WINDOW, STD CENTER AND SIDE PLUGS - OIL 416-022 STANDARD SPINDLE NUTS FOR ALL AXLES STD 405-002 MERITOR AUTOMATIC FRONT SLACK STD ADJUSTERS 406-001 STANDARD KING PIN BUSHINGS STD 536-012 TRW TAS-85 POWER STEERING 40 N/C 539-003 POWER STEERING PUMP STD 534-003 4 QUART POWER STEERING RESERVOIR 5 $99,00 533-001 OIL/AIR POWER STEERING COOLER 5 $291.00 40T-001 ORGANIC SAE 80/90 FRONT AXLE LUBE STD Front Suspension 620-004 16,000# FLAT LEAF FRONT SUSPENSION 260 $689600 619-004 GRAPHITE BRONZE BUSHINGS WITH SEALS - N/C FRONT SUSPENSION 410-001 FRONT SHOCK ABSORBERS STD Rear Axle and Equipment 420-1K3 MT40-14X 40,000# R-SERIES TANDEM REAR 2,500 $10,481.00 AXLE 421-529 5.29 REAR AXLE RATIO $147,00 424-003 IRON REAR AXLE CARRIER WITH OPTIONAL 40 $105,00 HEAVY DUTY AXLE HOUSING 386-074 MXL 176T MERITOR EXTENDED LUBE MAIN 65 65 $914.00 Tender# 2015 Delivery 05/08/2015 10:02 AM Page 6 of 18 Prepared for: Steve Kral] RNOW 8636R West National Ave West Allis, WI 53227 Phone:414-541-5700 Weight Data Code Description Front 388-073 MXL 17T MERITOR EXTENDED LUBE INTERAXLE DRIVELINE WITH HALF ROUND YOKES 452-006 DRIVER CONTROLLED TRACTION DIFFERENTIAL - BOTH TANDEM REAR AXLES 878-023 (1) INTERAXLE LOCK VALVE, (1) DRIVER CONTROLLED DIFFERENTIAL LOCK FORWARD - REAR AND REAR -REAR AXLE VALVE 87A-001 BLINKING LAMP WITH EACH MODE SWITCH, INTERAXLE UNLOCK DEFAULT WITH IGNITION OFF 87B-004 BLINKING LAMP WITH EACH MODE SWITCH, DIFFERENTIAL UNLOCK WITH IGNITION OFF, ACTIVE <5 MPH 423-019 MERITOR 16.5X8.62 Q+ CAST SPIDER CAM REAR BRAKES, DOUBLE ANCHOR, FABRICATED SHOES 433=002 NON -ASBESTOS REAR BRAKE LINING 434-005 BRAKE CAMS AND CHAMBERS ON FORWARD SIDE OF DRIVE AXLE(S) WITH AUXILIARY SUPPORT BRACKETS 451-023 CONMET CAST IRON REAR BRAKE DRUMS 425-002 REAR BRAKE DUST SHIELDS 440-021 SKF SCOTSEAL PLUS XL REAR OIL SEALS 426-075 HALDEX GOLDSEAL LONGSTROKE 2-DRIVE AXLES SPRING PARKING CHAMBERS 428-003 HALDEX AUTOMATIC REAR SLACK ADJUSTERS 41T-001 ORGANIC SAE 80190 REAR AXLE LUBE Rear Suspension 622-218 AIRLINER 40,000# EXTRA DUTY REAR SUSPENSION 621=007 AIRLINER POSITION RIDE HEIGHT 431=005 RESTRAINED AXLE SEATS IN AXLE CLAMP GROUP 624-016 51 INCH AXLE SPACING 888-048 MANUAL DUMP VALVE FOR AIR SUSPENSION WITH GAUGE 87D-007 INDICATOR LIGHT AND BUZZER FOR EACH REAR SUSPENSION CONTROL SWITCH 910-001 SINGLE AIR REAR SUSPENSION LEVELING VALVE 623-002 TRANSVERSE CONTROL RODS 1640 3701SL 3RDS AirRide McHenry City Prepared by: John Di Novella TRUCK COUNTRY OF WISCONSIN, INC. 4195 ANDERSON ROAD DE FOREST, WI 53532 Phone: 608-212-3695 E-Mail: JohnDiNovella@trucl<country.com Weight Rear 30 10 20 Retail Price N!C $1,27 5100 N/C N/C N/C $287,00 STD N/C STD $114.00 STD N/C $113.00 STD $2, 993.00 N/C N/C NIC $140.00 $11.00 N/C N/C Tender # 2015 Delivery 05/08l2015 10:02 AM Page 7 of 18 Prepared for: Steve Krall RNOW 8636R West National Ave West Allis, WI 53227 3hone:414-541-5700 Data Code Description 439-005 REAR SHOCK ABSORBERS -TWO AXLES (TANDEM) (AIR RIDE SUSPENSION) Brake System Prepared by: John Di Novella TRUCK COUNTRY OF WISCONSIN, INC, 4195 ANDERSON ROAD DEFOREST, WI 53532 Phone:608-212-3695 E-Mail: JohnDiNovella@truckcountry.com Weight Weight Front Rear Retail Price N/C 490-100 WABCO 4S/4M ABS WITHOUT TRACTION STD CONTROL 871=001 REINFORCED NYLON, FABRIC BRAID AND WIRE STD BRAID CHASSIS AIR LINES 904-001 FIBER BRAID PARKING BRAKE HOSE STD 412-001 STANDARD BRAKE SYSTEM VALVES STD 46D-002 STANDARD AIR SYSTEM PRESSURE STD PROTECTION SYSTEM 413=002 STD U.S. FRONT BRAKE VALVE STD 432-003 RELAY VALVE WITH 5-8 PSI CRACK PRESSURE, STD NO REAR PROPORTIONING VALVE 480-009 BW AD-9 BRAKE LINE AIR DRYER WITH HEATER 20 N/C 479=003 AIR DRYER MOUNTED INBOARD ON LH RAIL N/C 460-058 STEEL AIR TANKS MOUNTED AFT INSIDE $231,00 AND/OR BELOW FRAME JUST FORWARD OF REAR SUSPENSION 607-001 CLEAR FRAME RAILS FROM BACK OF CAB TO $63.00 FRONT REAR SUSPENSION BRACKET, BOTH RAILS OUTBOARD 477-001 PULL CABLE ON WET TANK, PETCOCK DRAIN STD VALVES ON ALL OTHER AIR TANKS Trailer Connections 335-004 Wheelbase & Frame 545-695 546-102 552-028 55W-OD5 AES-99D AE4-99D AM6-99D FSS-OLH UPGRADED CHASSIS MULTIPLEXING UNIT 6950MM (274 INCH) WHEELBASE 7/16X3-9/16X11-1l8 INCH STEEL FRAME (11.11MMX282.6MM/0.437X11a13INCH) 120KSI 1525MM (60 INCH) REAR FRAME OVERHANG FRAME OVERHANG RANGE: 51 INCH TO 60 INCH CALC'D BACK OF CAB TO REAR SUSP C/L (CA) : 208.45 in CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION C/L (CA) : 205.45 in CALC'D FRAME LENGTH - OVERALL: 373.37 CALC'D SPACE AVAILABLE FOR DECKPLATE : 208.45 in CALCULATED FRAME SPACE LH SIDE: 97.82 in STD N/C 810 200 $1,453.00 N/C 10 -50 N/C N/C 1640 3701SL 3RDS AirRide McHenry ® Tender # 2015 Delivery City 05/08/2015 10:02 AM Page 8 of 18 Prepared for: Prepared by: Steve Krall John Di Novella RNOW TRUCK COUNTRY OF 8636R West National Ave WISCONSIN, INC. West Allis, WI 53227 4195 ANDERSON ROAD Phone: 414-541-5700 DEFOREST, WI 53532 Phone:608-212-3695 E-Mail: JohnDiNovella@truckcountry.com Weight Weight Data Code Description Front Rear Retail Price FSS-ORH CALCULATED FRAME SPACE PH SIDE : 151.8 in N/C 553-001 SQUARE END OF FRAME STD 550-001 FRONT CLOSING CROSSMEMBER STD 559-003 LIGHTWEIGHT HEAVY DUTY ALUMINUM ENGINE -12 $50.00 CROSSMEMBER 562-001 STANDARD MIDSHIP #1 CROSSMEMBER(S) STD 572-001 STANDARD REARMOST CROSSMEMBER STD 565-002 HEAVY DUTY SUSPENSION CROSSMEMBER N/C Chassis Equipment 556-1E6 14 INCH CHROMED STEEL BUMPER $162.00 558-001 FRONT TOW HOOKS - FRAME MOUNTED 15 $95,00 574-001 BUMPER MOUNTING FOR SINGLE LICENSE STD PLATE 551-007 GRADE 8 THREADED HEX HEADED FRAME STD FASTENERS Fuel Tanks Tires Hubs 204-034 80 GALLON/302 LITER RECTANGULAR 25 $160.00 ALUMINUM FUEL TANK - LH 218-005 RECTANGULAR FUEL TANK(S) N/C 215-004 POLISHING OF FUEL/HYDRAULIC TANK(S) WITH $210,00 PAINTED BANDS 212-007 FUEL TANK(S) FORWARD STD 664-001 PLAIN STEP FINISH STD 205-002 CHROME FUEL TANK CAP(S) $7,00 122-075 ALLIANCE FUEL FILTERM/ATER SEPARATOR STD 216-020 EQUIFLO INBOARD FUEL SYSTEM STD 202-016 HIGH TEMPERATURE REINFORCED NYLON STD FUEL LINE 221-001 FUEL COOLER 10 $152,00 093-OTD MICHELIN XZY-3 315/80R22.5 20 PLY RADIAL 80 $570,00 FRONT TIRES 094-01V[1 MICHELIN XDA ENERGY 275/80R22.5 14 PLY 88 $144,00 RADIAL REAR TIRES 418-056 CONMET PRESET PLUS IRON FRONT HUBS 450-056 CONMET PRESET PLUS IRON REAR HUBS STD Tender # 2015 Delivery 05/08l2015 10:02 AM Page9of18 Prepared for: Steve Krall RNOW 8636R West National Ave West Allis, WI 53227 Phone:414-541-5700 Data Code Description Prepared by: John Di Novella TRUCK COUNTRY OF WISCONSIN, INC. 4195 ANDERSON ROAD DEFOREST, WI 53532 Phone:608-212-3695 E-Mail: JohnDiNovella@truckcountry.com Weight Weight Front Rear Retail Price 502-579 MAXION WHEELS 10041 22.5X9.00 10-HUB PILOT 66 $208.00 5.25 INSET 5-HAND STEEL DISC FRONT WHEELS 505-524 MAXION WHEELS 90541 22.5X8.25 10-HUB PILOT ($288.00) 2-HAND STEEL DISC REAR WHEELS Cab Exterior 829-1A5 108 INCH BBC FLAT ROOF ALUMINUM STD CONVENTIONAL CAB 650=008 AIR CAB MOUNTS STD 648-002 NONREMOVABLE BUGSCREEN MOUNTED STD BEHIND GRILLE 754-017 BOLT -ON MOLDED FLEXIBLE FENDER 10 $84.00 EXTENSIONS 678-001 LH AND RH GRAB HANDLES STD 645-002 BRIGHT FINISH RADIATOR SHELUHOOD BEZEL $224,00 646-042 STATIONARY BLACK GRILLE WITH BRIGHT $68.00 ACCENTS 65X-003 CHROME HOOD MOUNTED AIR INTAKE GRILLE $15.00 644-004 FIBERGLASS HOOD STD 727-1AF SINGLE 14 INCH ROUND HADLEY AIR HORN ($31.00) UNDER LH DECK 726=001 SINGLE ELECTRIC HORN STD 728-001 SINGLE HORN SHIELD STD 657-001 DOOR LOCKS AND IGNITION SWITCH KEYED STD THE SAME 575-001 REAR LICENSE PLATE MOUNT END OF FRAME STD 312-067 HALOGEN COMPOSITE HEADLAMPS WITH N/C BRIGHT BEZELS 302-047 LED AERODYNAMIC MARKER LIGHTS $37.00 294-001 INTEGRAL STOP/TAIUBACKUP LIGHTS STD 300=015 STANDARD FRONT TURN SIGNAL LAMPS STD 744-1 BM DUAL WEST COAST BRIGHT FINISH HEATED $159400 MIRRORS 797-001 DOOR MOUNTED MIRRORS STD 796-001 102 INCH EQUIPMENT WIDTH STD 743-204 LH AND RH 8 INCH BRIGHT FINISH CONVEX N/C MIRRORS MOUNTED UNDER PRIMARY MIRRORS 729-001 STANDARD SIDE/REAR REFLECTORS STD 1640 3701SL 3RDS AirRide McHenry ® Tender # 2015 Delivery City 05/08I2015 10:02 AM Page 10 of 18 Prepared for: Steve Kral] RNOW 8636R West National Ave West Allis, WI 53227 Phone:414-541-5700 Prepared by: John Di Novella TRUCK COUNTRY OF WISCONSIN, INC. 4195 ANDERSON ROAD DEFOREST, WI 53532 Phone: 608-212-3695 E-Mail: JohnDiNovella@truckcountry.com Data Code Description Weight Weight Front Rear Retail Price 275-063 2-STAGE ELECTRIC HORN AND HAZARD LAMP N/C ALERT CONTROLLED BY PARTICULATE FILTER REGENERATION REQUIRED STATUS 764-010 COMPOSITE EXTERIOR SUN VISOR 10 $247,00 768=043 63X14 INCH TINTED REAR WINDOW STD 661-003 TINTED DOOR GLASS LH AND RH WITH TINTED ($137.00) NON -OPERATING WING WINDOWS 654-011 RH AND LH ELECTRIC POWERED WINDOWS 4 $218100 769-002 LOWER RH DOOR WINDOW WITH FRESNEL 7 $268,00 LENS 663-013 TINTED WINDSHIELD STD 659-006 8 LITER WINDSHIELD WASHER RESERVOIR, $15.00 CAB MOUNTED, WITH FLUID LEVEL INDICATOR 647=001 WHITE WINTERFRONT 2 $62,00 Cab Interior 707-1AK OPAL GRAY VINYL INTERIOR STD 706-013 MOLDED PLASTIC DOOR PANEL STD 708-013 MOLDED PLASTIC DOOR PANEL STD 772-006 BLACK MATS WITH SINGLE INSULATION STD 785-001 DASH MOUNTED ASH TRAYS AND LIGHTER $12.00 691-008 FORWARD ROOF MOUNTED CONSOLE WITH STD UPPER STORAGE COMPARTMENTS WITHOUT NETTING 694-010 IN DASH STORAGE BIN STD 742-007 (2) CUP HOLDERS LH AND RH DASH STD 680-006 GRAY/CHARCOAL FLAT DASH STD 860-004 SMART SWITCH EXPANSION MODULE $234600 700=002 HEATER, DEFROSTER AND AIR CONDITIONER STD 701-001 STANDARD HVAC DUCTING STD 703-005 MAIN HVAC CONTROLS WITH RECIRCULATION STD SWITCH 170-015 STANDARD HEATER PLUMBING STD 130-033 DENSO HEAVY DUTY AIR CONDITIONER STD COMPRESSOR 702-002 BINARY CONTROL, R-134A STD 739-033 STANDARD INSULATION STD 285=013 SOLID-STATE CIRCUIT PROTECTION AND STD FUSES 280-007 12V NEGATIVE GROUND ELECTRICAL SYSTEM STD 1640 370ISL 3RDS AirRide McHenry City Tender # 2015 Delivery 05108/201510:02 AM Page 11 of 18 Prepared for: Steve Krall RNOW 8636R West National Ave West Allis, WI 53227 Phone:414-541-5700 Weight Data Code Description Front 324-011 DOME DOOR ACTIVATED LH AND RH, DUAL READING LIGHTS, FORWARD CAB ROOF 655-005 LH AND RH ELECTRIC DOOR LOCKS 284-023 (1) 12 VOLT POWER SUPPLY IN DASH 756-1 D9 PREMIUM HIGH BACK AIR SUSPENSION DRIVER SEAT WITH 3 CHAMBER AIR LUMBAR, INTEGRATED CUSHION EXTENSION, FORWARD AND REAR CUSHION TILT, ADJUSTABLE SHOCK ABSORBER 760-1D9 PREMIUM HIGH BACK AIR SUSPENSION PASSENGER SEAT WITH 3 CHAMBER AIR LUMBAR, INTEGRATED CUSHION EXTENSION,FORWARD AND REAR CUSHION TILT, ADJUSTABLE SHOCK ABSORBER 759-007 DUAL DRIVER SEAT ARMRESTS, NO PASSENGER SEAT ARMRESTS 711-004 LH AND RH INTEGRAL DOOR PANEL ARMRESTS 758-014 BLACK CORDURA PLUS CLOTH DRIVER SEAT COVER 761-014 BLACK CORDURA PLUS CLOTH PASSENGER SEAT COVER 763-032 3 POINT FIXED D-RING RETRACTOR DRIVER AND PASSENGER SEAT BELTS 532-002 ADJUSTABLE TILT AND TELESCOPING STEERING COLUMN 540-015 4-SPOKE 18 INCH {450MM) STEERING WHEEL 765-002 DRIVER AND PASSENGER INTERIOR SUN VISORS Instruments &Controls 732-004 GRAY DRIVER INSTRUMENT PANEL 734-004 GRAY CENTER INSTRUMENT PANEL 87L-003 ENGINE REMOTE INTERFACE WITH PARK BRAKE AND NEUTRAL INTERLOCKS 870-001 BLACK GAUGE BEZELS 486-001 LOW AIR PRESSURE INDICATOR LIGHT AND AUDIBLE ALARM 840-002 2 INCH PRIMARY AND SECONDARY AIR PRESSURE GAUGES 198-003 DASH MOUNTED AIR RESTRICTION INDICATOR WITH GRADUATIONS 149-013 ELECTRONIC CRUISE CONTROL WITH SWITCHES IN LH SWITCH PANEL 1640 37DISL 3RDS AirRide McHenry City 70 n Prepared by: John Di Novella TRUCK COUNTRY OF WISCONSIN, INC. 4195 ANDERSON ROAD DE FOREST, WI 53532 Phone: 608-212-3695 E-Mail: JohnDiNovella@truciccountry.com Weight Rear 20 Retail Price $68.00 $99.00 STD $430.00 $468.00 $69.00 STD $2.00 $2.00 STD $478.00 STD STD STD STD $35.00 STD STD STD $34.00 STD Tender # 2015 Delivery 05/08l2015 10:02 AM Page 12 of 18 Prepared for: Steve Krall RNOW 8636R West National Ave West Allis, WI 53227 Phone:414-541-5700 Data Gode Description 156-007 KEY OPERATED IGNITION SWITCH AND INTEGRAL START POSITION; 4 POSITION OFF/RUN/START/ACCESSORY 811-042 ICU3S, 132X48 DISPLAY WITH DIAGNOSTICS, 28 LED WARNING LAMPS AND DATA LINKED 160-025 DIAGNOSTIC INTERFACE CONNECTOR, 9 PIN, SAE J1939, LOCATED BELOW DASH 844-001 2 INCH ELECTRIC FUEL GAUGE 148-073 ENGINE REMOTE INTERFACE FOR REMOTE THROTTLE 163-004 ENGINE REMOTE INTERFACE CONNECTOR IN ENGINE COMPARTMENT 856-001 ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE 864-001 2 INCH TRANSMISSION OIL TEMPERATURE GAUGE 830-017 ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN DRIVER DISPLAY 372-051 CUSTOMER FURNISHED AND INSTALLED PTO CONTROLS 852-002 ELECTRIC ENGINE OIL PRESSURE GAUGE 679-001 OVERHEAD INSTRUMENT PANEL 746-1 B3 AM/FM/NB RADIO WITH BLUETOOTH AND MICROPHONE, FRONT USB PORT, FRONT AND REAR AUXILIARY INPUTS AND J1939 747-001 DASH MOUNTED RADIO 750-002 (2) RADIO SPEAKERS IN CAB 753-001 AM/FM ANTENNA MOUNTED ON FORWARD LH ROOF 748-006 POWER AND GROUND WIRING PROVISION OVERHEAD 749-001 ROOF/OVERHEAD CONSOLE CB RADIO PROVISION 810-027 ELECTRONIC MPH SPEEDOMETER WITH SECONDARY KPH SCALE, WITHOUT ODOMETER 812-001 ELECTRONIC 3000 RPM TACHOMETER 162-002 IGNITION SWITCH CONTROLLED ENGINE STOP 836-015 DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER DISPLAY 660-025 SINGLE ELECTRIC WINDSHIELD WIPER MOTOR WITH DELAY PROGRAMMED TO SLOWEST SPEED WITH PARK BRAKE SET 1640 3701SL 3RDS AirRide McHenry City Weight Front 2 Prepared by: John Di Novella TRUCK COUNTRY OF WISCONSIN, INC. 4195 ANDERSON ROAD DEFOREST, WI 53532 Phone: 608-212-3695 E-Mail: Joh nDiNovella@trucl<country.com Weight Rear Retail Price STD STD STD STD $285.00 N/C STD STD STD N!C STD $76.00 $398.00 N/C N/C N/C $19.00 $92.00 STD STD STD STD $22.00 Tender # 2015 Delivery 05/08l2015 10:02 AM Page 13 of 18 Prepared for: Steve Krall RNOW 8636R West National Ave West Allis, WI 53227 Phone:414-541-5700 Design COlor Weight Data Code Description Front 304-001 MARKER LIGHT SWITCH INTEGRAL WITH HEADLIGHT SWITCH 882-018 ONE VALVE PARKING BRAKE SYSTEM WITH DASH VALVE CONTROLAUTONEUTRAL AND WARNING INDICATOR 299-013 SELF CANCELING TURN SIGNAL SWITCH WITH DIMMER, WASHERNVIPER AND HAZARD IN HANDLE 298-039 INTEGRAL ELECTRONIC TURN SIGNAL FLASHER WITH HAZARD LAMPS OVERRIDING STOP LAMPS 065-000 PAINT: ONE SOLID COLOR 980-6C9 CAB COLOR A: L2007EB ORANGE ELITE BC 986-020 BLACK, HIGH SOLIDS POLYURETHANE CHASSIS PAINT 962-962 MAXION WHEELS W POWDER WHITE (N0006EA) FRONT WHEELS/RIMS 966-962 MAXION WHEELS W POWDER WHITE {N0006EA) REAR WHEELS/RIMS 976-995 SUNVISOR PAINTED SAME AS CAB COLOR A 963-998 NO UNDERCOAT Certification 1 Compliance 996-001 U.S. FMVSS CERTIFICATION, EXCEPT SALES CABS AND GLIDER KITS Secondary Factory Options 998-001 CORPORATE PDI CENTER IN-SERVICE ONLY Adjusted List Price Weight Summary TOTAL V E H I C L E Weight Front Prepared by: John Di Novella TRUCK COUNTRY OF WISCONSIN, INC. 4195 ANDERSON ROAD DE FOREST, WI 53532 Phone: 608-212-3695 E-Mail: JohnDiNovella@truckcountry.com S U M M A R Y Weight Rear Adjusted List Price *' Weight Rear Retail Price STD $29.00 STD STD STD N/C STD N/C N/C N/C 5TD ��� N/C $153,660.00 Total Weight 1640 3701SL 3RDS AirRide McHenry ® Tender # 2015 Delivery City 05/08/2015 10:02 AM Page 14 of 18 Prepared for: Steve Krall RNOW 8636R West National Ave West Allis, WI 53227 Phone: 414-541-5700 DIMENSION S Prepared by: John Di Novella TRUCK COUNTRY OF WISCONSIN, INC. 4195 ANDERSON ROAD DEFOREST, WI 53532 Phone: 608-212-3695 E-Mail: JohnDiNovella@truciccountry.com Wheelbase (545)......................................................................................................................... 6950MM (274 INCH) WHEELBASE Rear Frame Overhang(552)....................................................................................1525MM (60 INCH) REAR FRAME OVERHANG Fifth Wheel(578)...................................................................................................................................................NO FIFTH WHEEL Mounting Location(577)................................................................................................................NO FIFTH WHEEL LOCATION MaximumForward Position(in)...................................................................................................................................................10 Maximum Rearward Position (in).................................................................................................................................................0 Amountof Slide Travel(in). I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 0 1 1 1 1 1 1 1 9 a a 9 p I 1 4 1 1 1 1 IV I I 1 4 1 1 1 1 1 VIGI IS a I I I 1 0 1 0 1 01* 4 a 1 #0600 4 0 1 046440 SlideIncrement(in). I I I I I I I I I I 1 0 0 1 1 1 1 1 1 1 0 1 1 0 1 p I 1 0 0 0 1 0 1 1 1 1 1 1 0 1 0 1 9 1 1 1 1 1 4 0 0 4 0 0 1 0 1 0 1 0 1 6 0 9 6 1 1 1 0 0 0 6 a I I I 1 6 1 1 1 0 0 1 1 1 1 1 1 1 1 1 0 1 9 1 1 9 1 1 1 1 1 1 1 0 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 @1 a a 0 Desired Slide Position(in). I I I I I I I I I I I I . I I I I I I I I I I I I I I I I I A I I I I I I I I I I I I I I I I I I I I 1 0 1 0 1 1 1 1 1 1 1 1 1 1 1 1 4 1 1 1 1 1 IS' 1 1 1 0 1 4 1 1 . 1 0 0 1 11 0 6 1 1 4 1 US 4 1 8 0 1 4 8 0 &1** 1 1 1 1 1 US I I I I I 1 0 1 0 Cab Size(829)................................................................................108 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Sleeper(682)..............................................................................................................................I NO SLEEPER BOX/SLEEPERCAB Exhaust System (016)........ RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH B-PILLAR MOUNTED VERTICAL TAILPIPE 1640 3701SL 3RDS AirRide McHenry ® Tender # 2015 Delivery City 05/0812015 10:02 AM Page 17 of 18 Prepared for: Steve Krall RNOW 8636R West National Ave Vest Allis, WI 53227 Phone:414-541-5700 Prepared by: John Di Novella TRUCK COUNTRY OF WISCONSIN, INC. 4195 ANDERSON ROAD DEFOREST, WI 53532 Phone: 608-212-3695 E-Mail: JohnDiNovella@trucl(country.com Bumperto Hack of Cab (BBC) 10013 Bumperto Centerline ofFront.Axle (BA) 42.7 Min. Cab to Body Clearance (CB) 3.0 Back of Cab to Centerline or RearMle(s)(CAr ) 200A Effective Back orC3b to Centerline of Rear Axle(s) (Effective CA) 205A Back of Cab Protru slons (FxhausMntake) (CP) 1.5 Back of Cab Protrusions (Side Extenders/Trim Tab) (GP) 0.0 Back of Cab Clearance (CL) 3.0 Back of Cab to End of Frame 26 BA Cab Height (CH) 71.8 Wheelbase (W81) 274.0 Frame Overhano (OH) 60.0 Overall Length (O1,L) 376.7 Rearaxle Spacing _ 51.0 Unladen Frame Heigrit at Centerline of Rear Axle 39.3 Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application Engineering. 1640 3701SL 3RDS AirRide McHenry City Tender# 2015 Delivery 05lOSl2015 10:02 AM Page 18 of 18 H�R� Or Y54C!FOX tM941 CONSENT AGENDA TO: Mayor and City Council FROM: John M. Jones, Chief of Police FOR: June 1, 2015 Regular City Council meeting Office of the Chief of Police John MAones McHenry Municipal Center 333 Green Street McHenry, 111inois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.ci.mchenry.il.us RE: Resolution authorizing the Mayor's execution of an updated Intergovernmental Agreement for participation in McHenry County Major Investigation Assistance Team (MIAT). ATT: Resolution and Intergovernmental Agreement. Background: In 1997 the city of McHenry became a founding member of the McHenry County Major Investigation Assistance Team (MIAT). MIAT is a major crimes task force comprised of 20 Illinois law enforcement agencies. The mission of the task force is to provide assistance to member agencies for major incidents or emergencies that exceed the resources, equipment and or law enforcement personnel of a member agency. The task force currently operates under the authority of Illinois statutory law and the McHenry County Intergovernmental Police Service's Agreement, which the City of McHenry entered into on January 31", 1983. In December of 2014 the MIAT Board of Directors began the process of reviewing and updating the MIAT by-laws, at which time it was recommended that the intergovernmental agreement be updated also. With the assistance of the McHenry County State's Attorneys Office and the Law Offices of Zukowski. Rogers, Flood and MCAYdIe a revised McHenry County Major Investigation Assistance Team Intergovernmental Agreement was drafted. In April this new agreement was presented to the MIAT Board at which time it was unanimously approved to replaced the outdated agreement that MIAT was previously operating under. Analysis: MIAT is a valuable resource for the City of McHenry and our continued participation is needed to assure that we are prepared to provide the best police services to our citizens in the event of a major incident or emergency that will require additional specialized resources and personnel. The revised agreement allows for the task force to operate in a manner that is consistent with current laws, while clearly defining the purpose, power and authority, and indemnification of the agencies entering into the agreement. If Council concurs, then it is recommended that a motion is considered to authorize the Mayor to sign and execute this new intergovernmental agreement between the City of McHenry and all other member agencies of the McHenry County Major Investigation Assistance Team. RESOLUTION NO. R-15-006 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE McHENRY COUNTY MAJOR INVESTIGATION ASSISTANCE TEAM 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 Resolution constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the McHenry County Major Investigation Assistance Team a.k.a. MIAT is a major crime task force for McHenry County Police Agencies with the mission to assist member agencies at their request, when involved in a major investigation by providing additional trained manpower and equipment; and WHEREAS, the participating units of local government recognize that in certain situations, the use of police personnel and equipment for execution of police duties outside of the boundaries of the units of local government in which such personnel are legally employed, is desirable and necessary to adequately preserve and protect the public health, safety, and welfare of the residents of the communities served under the Agreement; and WHEREAS, the City of McHenry has been a member of MIAT since it was established to provide the highest level of service possible to the citizens of the City of McHenry. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ALDERMAN OF THE CITY OF MCHENRY as follows: SECTION I: The City of McHenry Mayor and Alderman hereby authorizes the execution of an Intergovernmental Agreement with the McHenry County Major Investigation Assistance Team in the form attached hereto and copy of which is incorporated herein. SECTION II: All Resolutions and part of Resolutions in conflict herewith are hereby repealed. Dated this 1st day of JiJNE 2015. Voting Ave: Voting Nay: None Not Voting: None Abstaining: _ None Absent: None Mayor ATTEST: City Clerk McHenry County Major Investigation Assistance Team Intergovernmental Agreement The undersigned units of local government ("Parties") are authorized to enter into this Intergovernmental Agreement ("Agreement") by the 1970 Illinois Constitution (Article VII, §IO(a)), the Illinois Intergovernmental Cooperation Act (5 ILCS 220/3) and in some cases, home rule authority. Section l .Purpose of Agreement a. The Parties recognize that, in certain situations, the use of police personnel and equipment for execution of police duties outside of the boundaries of the units of local government in which such personnel are legally employed, is desirable and necessary in order to adequately preserve and protect the public health, safety and welfare of the residents of the communities served under this Agreement. b. The Parties further recognize that by entering into this Agreement their several law enforcement facilities, equipment and personnel may be temporarily augmented as necessary due to conditions which may require use of increased police resources. Section 2. Definitions "Aid" means police assistance including personnel and equipment for the purposes of a criminal investigation. "Requesting Party" is any Party requesting Aid which experiences the original emergency/problem and who confirms that the situation is beyond the immediate resources of the organization to handle without assistance from another Party and who has signed that certain Memorandum of Understanding attached to the McHenry County Major Investigation Assistance Team by-laws. "Responding Party" is any Party to whom a request for Aid is addressed and who has signed that certain Memorandum of Understanding attached to the McHenry County Major Investigation Assistance Team by-laws. Section 3. Power and Authority a. Each Party authorizes and directs their respective chief law enforcement officer, or his designated subordinates, to render and or request Aid to and from the other Parties to this Agreement to the extent of available personnel and equipment not required for adequate protection of its own jurisdiction. In responding to a request for Aid, the chief law enforcement officer of the Responding Party shall exercise final judgment as to the number of personnel and the equipment to be provided to the Requesting Party. b. Responding Party personnel providing Aid hereunder shall be under the direction and authority of the chief law enforcement officer or his designee of the Requesting Party. Responding Party personnel shall have the same powers and authority as personnel of the Requesting Party. c. Rendering Aid shall not be mandatory, and the Responding Parry should, as soon as practicable, inform the Requesting Party that assistance will not be rendered, if such is the case. d. No Party shall be liable to another Party for a failure or refusal to render Aid or for the withdrawal of Aid once furnished pursuant to this Agreement. Section 4. Compensation a. Any Aid rendered under this Agreement shall be rendered without charge. b. Whenever a Party anticipates unusual or burdensome costs in assisting another Party under this Agreement, it shall inform the Requesting Parry of those anticipated unusual or burdensome costs, so that a separate written agreement for reimbursement may be reached. No Responding Party shall be obligated hereunder to incur unusual or overly burdensome costs without agreement for reimbursement. Section 5. Indemnification Each Responding Party is responsible for its personnel rendering Aid under this Agreement and each Party releases, indemnifies and holds harmless each and every other Party hereto with regard to any claims for injury or damage made by Responding Party personnel including employment benefits provided by law or contract, as if the responding personnel were acting solely within the jurisdiction of the Responding Party. Specifically, with regard to employment benefits, all employee benefits, wage and disability payments, pension and workman's compensation claims, damage to or destruction of equipment and clothing and medical expense of the Responding Party shall be paid by Responding Parry. Section 6. Rules and Regulations Each Party may establish its own rules and regulations concerning the method, type and level of response to a request for Aid hereunder. Section 7. Effective Date of Agreement a. This Agreement shall be in full effect and legally binding at such time as it has been lawfully executed by at least two Parties named herein. This Agreement may be executed in duplicate counterparts. b. A copy of the resolution or ordinance authorizing execution of this Agreement shall be filed by each party with the McHenry County Chiefs of Police Association within thirty (30) days of passage and approval. Page 2 Section 8. Termination of Agreement Any Party may withdraw from this Agreement at any time, upon giving thirty (30) days' notice to the McHenry County Chiefs of Police Association, IN WITNESS WHEREOF, this Agreement has been duly executed by the following parties on the dates indicated. Algonquin Police Department By: Village President Date Cary Police Department By: Village President Date Crystal Lake Police Department By: City Manager Date Fox River Grove Police Department By: Village President Date Harvard Police Department By: City Mayor Date Huntley Police Department By: Village President Date Island Lake Police Department By: Village Mayor Date Johnsburg Police Department By: Village President Date Lake in the Hills Police Department By: Village President Date Lakemoor Police Department By: Village President Date Lakewood Police Department By: Village President Marengo Police Department By: City Mayor Date Date McHenry County Conservation District By: Chief of Police McHenry County Sheriff's Office County Board Chairman McHenry Police Department By: City Mayor Richmond Police Department By: Village President Spring Grove Police Department By: Village President Woodstock Police Department By: City Manager Wonder Lake Police Department By: Village President Date Date Date Date Date Date Date Page 3 Office of the City Administrator Derik Morefield McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA DATE: June 1, 2015 TO: Mayor and City Council FROM: Derik Morefield, City Administrator RE Special Event Liquor License ATT: Application Nicolino's Trackside located at 621 Ridgeview Drive is hosting a special event to celebrate the Belmont Stakes on Saturday, June 6`h from 9:00 AM to 12:00 AM, Mr. Bono is seeking a special event liquor license to allow outdoor service and consumption of alcohol. An outdoor bar and grill will be setup on the property. If approved this would be Nicolino's second of eight special event liquor licenses permitted this calendar year. If Council concurs it is recommended to approve the request for a special event liquor license as presented. 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. 05/26/2015 10:36 8153632119 ECEIVED SPEC]P FEE 2. 3. wdai event liquor license tj M Ay 6 wND It,ITY OF MCH�I'4 1 COMPANY dR pRGANI�ATION: ADDRESS; PWONE NU CITY OF MCHENRY PAGE 02/02 EVENT LIQUOR LICENSE APPLICATION CITY OF MCHENRY ��(o I}/ also be Mquir+ed by the State Liquor Control COMMissionj www.state.11, us/Ice TYPE dF BUSINESS dR ORGANI2P,TION: LICENSE APPLICANT: APPLICATION GATE r� s CITY: ! A4,f�`� DATE OF BIRTH; ADf�RE55: CITY: �' 0 EVENING TELEPHONE NO. S' A � r� pAY>-IME TELEPHONE NO.; - LOCATION WHERE SPECIAL EVENT WELp: esid #lal premises Only) h. 4, OWNER OF LOCATION W WERE SPECIAL EVENT HELb: OWNEFxS ADDRESS; CITY: TELEPHONE NUMBER: /� �7� vo ANENT � � eat 5. DATE(S) OF EVENT: ,: & HOURS: �` — (not more than 3 days) 6. TYPE OF ALCOHOL TO BE SERVED: __BE:ER WINE _RLIQUOR 7. NO UNDER -AGED OR INTOXICATED PERSON(S) SHALL BE SERVED ANY ALCOHOLIC BEVERAGES, 81 DRAM SHOP INSURANCE TO THE MAXIMUM LIMIT MUST BE OBTAINED AND A CERTIFICATE OF INSURANCE NAMING THE CITY OF MCHENRY AS ADDITIONALLY INSURED SHALL BE ATTACHED TO THIB APPLICATION. G,✓ lz7eel� AFFIDAVIT hereby states that the City of McHenry shall not be held liable for any occurrenceI loss, damage, or injury as a result of this event. Gerson or persons to whom this license has been issued shall hold the City of McHenry harmless in connection with any and all claims arising as a result of tho consumption of alcoholic liquor or as a result of the issuance of this I'liMase thatthe III nat vialato any of the laws of the City of McHenry, of the State of Illinois, or of the United States of Amen e n Special ent Liquor License and that the statements contained In this application are true and correctto the best of h i nr 1 1' undersigned is aware that state liquor licensin approval is re wired fot this license. NOTARY PUBLIC, ST 'I 0� My Commission Expires August 21, 201B E. Won Signature of Applicant SUBSCRIBED and SWORN to before me this o ay of 20�5 Notary Public DATE ISSUED -- - --LICENSE EFI=r=CT11tE t7ATE(S) 3012 Office of the City Administrator Derik Morefield McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA DATE: June 1, 2015 TO: McHenry City Council FROM: Derik Morefield, City Administrator RE Special Event Liquor License ATT: Application The McHenry VFW Post 4600 is requesting a special event liquor license for outdoor sales of beer during the annual McHenry Baseball Association Family Picnic Day fundraiser. The event is scheduled for Saturday, June 6'', from 11:00 AM to 6:00 PM. If approved this would be the VFW's first of eight special event liquor licenses permitted this calendar year. As this event is held to raise funds for the McHenry Baseball Association, the organizers are requesting a waiver of the $25 license fee. If Council concurs, then it is recommended to approve the request for a special event liquor license and waiver of the $25 application fee for the McHenry VFW Post McHenry Baseball Association fundraiser on Saturday, June 61h from 11:00 AM to 6a00 PM at 3002 West Route 120. SPECIAL EVENT LIQUOR LICENSE APPLICATION CITY OF MCHENRY (A special event liquor license may also be required by the State Liquor Control Commission) www. state. i I. us/Icc FEE $25.00 APPLICATION DATE 5 - a a - V01 S COMPANY OR ORGANIZATION: Y+ F, W , V e.�e.r 0.v� s L I%u ADDRESS: 3O0p� L&}, Ro,wn'c, 112Q CITY: 1 \� AIVArN PHONE NUMBER: 8ls- 3BS'_ U(5S TYPE OF BUSINESS QR ORGANIZATION: i DAYTIME TELEPHONE NO.: 81 S 38S (4 S�Z EVENING TELEPHONE NO.8is ) 0 4 3 3. LOCATION WHERE SPECIAL EVENT HELD: (non-residential premises only) 4. OWNER OF LOCATION WHERE SPECIAL EVENT HELD: OWNER'S ADDRESS: 2,E*sOr•i, C.O. tP,.4,JCC. i C7k(�% TELEPHONE NUMBER: 5. DATE(S) OF EVENT: ;f)a'�- alan ; E?t HOURS: 1 I : 00 A N\ IQ •• O0 T M (not more than 3 days) 6. TYPE OF ALCOHOL TO BE SERVED: ZBEER WINE LIQUOR 7. NO UNDER -AGED OR INTOXICATED PERSON(S) SHALL BE SERVED ANY ALCOHOLIC BEVERAGES, 8. DRAM SHOP INSURANCE TO THE MAXIMUM LIMIT MUST BE OBTAINED AND A CERTIFICATE OF INSURANCE NAMING THE CITY OF MCHENRY AS ADDITIONALLY INSURED SHALL BE ATTACHED TO THIS APPLICATION. AFFIDAVIT. hereby sta#es that the City of McHenry shall not be held liable for any occurrence, loss, damage, or injury as a result of this event. Person or persons to whom this license has been issued shall hold the City of McHenry harmless in connection with any and all claims arising as a result of the consumption of alcoholic liquoror as a result of the issuance of this license. The undersigned certifies that they will not violate any of the laws of the City of McHenry, of the State of Illinois, or of the United States of America, in the conduct of this Special Event Liquor License and that the statements contained in this application are true and correct to the best of his/her knowledge and belief. The undersigned is aware that state liquor licensing approval is required for this license. Signature of Applicant SUBSCRIBED and SWORN to before me this day of , 20 Notary Public ..x.+x+.=...a,+«i«.v.«««:e.«se.r�r..<«:<a+w:,�t«x.xx.x««.x:c�-rv+s+«sas:r.=<««,,.»:«.a;:x«-xx.ra «,:+sx<.:« ntas.>.«to«x.xx•.+ra«.++xa.:«+>.xwe«=caa ..x.. .#+aaa+aeae rxx.nH .�r�.xo-r�.� DATE ISSUED EFFECTIVE DATES) zo+z LICENSE Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Deputy City Administrator FOR: June 1, 2015 - Regular City Council Meeting RE: McHenry Park Facilities Special Use and Beer/Wine permit requests ATT: Permit List and Applications All fees and documentation have been satisfactorily submitted for the attached McHenry Park Facilities Special Use and/or Beer/Wine permit requests. If Council concurs with the requests as presented, then it is recommended a motion is considered to approve the attached McHenry Park Facilities Special Use and Beer/Wine permit requests. TJ:e CihoJ•MeKerrry is derticafed to pmvidirtg its citizens, businesses, crud i�isitors with fire highest gnrditj� of programs arrd services in acustomer-oriented, efficient, arrd fiscoJJp rG'SJ7oirSIhIB nrlmrter'. FOR COUNCIL MEETING ON June 1, 20150 Deer/wine Permit Requests These are beer and wine permit requests associated with picnic permits. Date of Picnic Applicant Address 06/21/15 Jenny Krysiak HS Grad 608 N Kensington Dr, McH Special Use Application Requests There are special use application requests associated with picnic permits. Date of Picnic Applicant Address Special Use 06/13/15 Megan Maldonado Bday 4710 W North Fox Ln, #5, McH bounce house, grill 06/21/15 Jenny Krysiak HS Grad 608 N Kensington Dr, McH grill 06/27/15 Cheryl Goff Softball Picnic 4815 Joyce Ln, McH grill TConaway\pic perm list.doc TY OF MCHENRY PARKS & REC PHONE NO. : 815 363 31BG May. 20 2015 11:59AM P1 •,Vita .' AND/ORMeHENRY PARK FACILITIES SPECIAL USE C 1 N i 1 Contact Pers' t_....- — -, �_._� �� `/ - � _. Date oil Picr1ic: on:°Z Company/Organ.ization: Address t _ City/State/Zip' , it. �, ','_Irl'o 71c i'honv: --- Work/C'cl Park: n Knox Park (A only) %'Petersen Ptt.rk to Vefera.n's MGtYhorlal Pti,k Area: Shelter A^ i� SI}eltejL B 0 Shelter C r.r Other: Arrival Tune: 1. `! ;�)� ,' i C. eparture I ime: P �'r Total Ni.irnber Attending: ,Frclslfyr'n.g at'14+rzd��ce jtrtrriliGrs sir! rc�sull rrz loss of tlepn,clt, Groups over SUO must obtain additiorral. n dumpst:ers c portable toilets Ws�tcr, elcctrioity aitd restroorns �u'e itvailable; at' al! Sites, Knox Park A has a portable restro�rtl. Brief description of event (company picnic, car show. craft show, wedding, etc.):, List all activities to be held:i t" , l.�!� t t �y Items brought into park site Tables ri C hairs o Beric he t-) Carnival (Zidcs n Music c Ai7imril; t 1 Catered Pig RUasI. Otllet C _ o "Cent: Location In Pat'k: ELECTRICAL Size;�„�r . �---,--"i'eilt Stttke:d; rJ yes c� r10 FOR TENTS n Al'PLICAN'I TO C:AI_,L Jl1LI; (I-8Q0-�92-oi73) "CC7 i�C LOCAT�3� ❑ NOI,1.C;C:'TI"ZIC::: Sharnrocl< WWWW WRWW/4W*irz iF * Yr{rii'h 1M W'kA'Ah'As k'kWW/l'kki'W-k'%2'i�'k')kkl!'RWWR HN WitW'k12'1!*'�Sk'�'SE"KTtifN9: 1f 141(1V)<14W11'YP'i/NkN1'�f 'r11i lY W1f 11141f 1f 1t T't! �'JVill beer/wine be prewcrit. r� Yc:s �1'No Y.;i Y��>J GkI�C�{ED '��5, P�.,.�A',"E AIVS'�`V;E:1� [7t1.tr~STIONS ;;3r',L,U�V; Indicate the number of bec&wlne permits denied Indicate arnUtint. of beer/wind to be brought into the City Park under this permit or, above date (number of wine bottles, beer cases, beer kegs, I agree that all the beer/wide containers will be reinovc d by applicant or placed in proper contaitlers on site on the perrnit'da.te and thtxt no underage or intoxicated person will bo allowed to conswiie any ofthe bocrlwine brought into thr'• City of Mel-leivy park under this permit. I agree that none of the beer/wine allowed in the: City of Mclwlenry park, pursuant to this application will bQ sold, it being understood that the sale of beer/wine under this permit issued ptu•suant to this appliemlon is expressly Prohibited, I havu Had and will roirnply with the City of Mcl-lei'iry Park Pti-mit rules, I have read and Understand the rules and regulations that have been set forth by the City of•McHenry regarding the Special Use and/oe Bee*r/Wine Applicattot1(s) and will assun1e responsibility for any loss, darnage or liability arisinc Cron1 the use of tite park property, I also understand that not complying with the Park Permit rules will result in loss of depogii. V le :�,..1�..,��Dtric • ealth permits are r quit eci b3' MW t'or concessions and catering. I leii.te millke a} rai�tgerrZenzs to Main per mitS. NOTE: Approval will be bused on tale items listed above- Any other rOquoSt;; are subject to rul-thcr approval, Restrictions;_-._.... Y���k�rtwww•xrt�kVeww�t*PfYW�'NY�V�,�kw*,4r�*a,ta:e Aw WwKWwFOR O}',-}it(`t.t.isE ONY.v*h wtnfrRAirR+:wr:)AAw .i n� *A***�1 w+Rw Rnw x RR'Nrrk, Reservation Fee: S ..._.. -�� Date paid:, J>2�i ��-- Uaposit Fee: I iMYM :nr: Ct k..ilmt 1.1 Ciock t har4c Total Fee: Submitted to City C:()tmcil: �11.� .2301 Confirmation gent; City Council Approval; parks\fotmslpiCnic fnrnis\zprrpipl use and beer and or wine 1ppiicttti<ui ARAD . �4 Contact Person: MCHENRY PARK X{ACI.LITrES SPECIAL USE AND/OR BEER/WINE APPLICATION (>at0 of Picnic:-- Company/Organization;^_ ��____Address:(Q)�l _. 1V "7v�n 5.-- /_ City/State/Lip:w\L 1'._1'wU Home Phone: - Wor1C/C;ell PhoneAls j3Lq J Pal'I<: o Kliox Parl< (A only)Pelersen Part: I� Veteran's Menloria) Park Area: XShelter A ,1 o Shelter B D Shelter C ct Other: Arrival Tin1e: ��!� -_ __._ DepartUre T n11e: �( .._-__._._ Totai Number Attending: .. ,._ Frilsifyirag rilte»dnrzce nurrrGers will result ire loss of clepnsit. Groups over 500 must obtain additional; p dumpsters ❑ portable toilets Water, electricity and restroorns are available at all Sites. I<nox 1't1r1C A has a portable restroom. Brief description of event (company picnic, ca.r show Dist all activities to be held: craft show, wedding, etc.): Items brought into park site: o Tables U Chairs u C3enclles o Carnival Rides r_J Music e Animals o Catered Pig Roast D Oth.er 6(dt, \\ .... a Tent; l.�ocation In Park:_.. __ Size:__.^ FOR TENTS o APPLICANT TO CALL, JULIE (1-800492-0123) TO BE I_.00ATED o NO ELECTRIC; Shamrock "T011t Staked; U ves C] 110 ti'%>F1t%1%*l�lt%I�X'IfiF*%'i�%%%�f%*%1�%)(iM �t lF tf'J(%%Y%'Irk(�'1rl�l�f'k%;F'♦f%%':F%�:%%%'A'%%%%%%'A%%%1�%%�'1t'X%1Y%%*%'%)f>f%lit%1l%'K 1M 1C%i!N>f k'k Kt<1f K�'12%>; it )t 1f )r%>: Will beer/wine be present: ct Xes o No Xl-� YOU CI-1�CI�LD , r'L�ASL ANSW)WR QLIL;STIOI�iS IiI;LOW; [ndicate the number of beer/wine permits denied ,_ Indicate amount of beer/wine to be brought into the City Park under this permit on above date (number ol'wine bottles, beer cases, beer kegs, etc,).�'G�Sc S-,(,�_p10i:r-� l agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person \vill be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed n1 the City of Mclhlenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited, I have read and will comply with the City of'Mcl-lenry Park Permit 11110. I have read and understand the rules and regulations that have been set forth by the City of Mel -leery regarding the Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, darnage or liability arising, Front the use of the parr propylS,y,. I also understand that not complying with the Park Permit rules will result in lass oFdeposit. , IddlIddd Sit;na ure; G� Date;��� Health permits are r uired bylaw t r concessions and catering. Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval, Restrictions: ,t,r**„�w,e�w*r�r<,�*gar:***��:,v*** ��,y��*�,t:r��r.***»I'0(2 nf�i'1('E tJSE ONLY*,t*+�a>t���i:>,n�h.r,t,�,�+;s,r>r�r<a**,r,�a,t*>tir<��>rx�r<a;;a>,rr;•.ta>Ea Reservation y t __ �- _—__._-..-._........__..__ a meet, r� Lash U heck rt �'ha. r Id Total Fee: �_ _ Submitted to City Council: �Zb Confirrmatiori Sent: _ _Initials: _ City Council Approval;_____._ harks\forms\picnic. Pormslspecial use and beer and or wine applicaition Contact Person; MCHENKY PARS V ACX.LITIES SPECIAL USE AND/OR BEER/WINE APPLICATION Datc of Picnic: Company/Organization; Address: t-P `'i i `� ,Jc, , r.° e`' (r) � .. City/State/Zip; tC_� : 1 I�(c�':;t__f come Phone.; ` _j :�?_1 ` [:,C Work/ cIT Phone park: to Knox Park (A only) ,�1-Petersen Park o Veteran's Memorial Park Area: o Shelter A n Shelter B ,el :shelter C; (,I Other: Arrival Time:_LC' - ry Departure "i ime: i f ..._.._..__ Total Number Attending Falsifg attedace mmnbers wl rescrlt n. loss ofdeposil.yii Groups over 500 must obtain additional: ❑ dumpsters o portable toilets Water, electricity and restrvorns are available at all sites. Knox Park A has a portable resh-ooni. Brief description of event (company picnic, car show, craft show, wedding, etc.): List all activities to be held:_ Items brought into park site; u Tables t� Cha.irs t� Benches ❑Carnival Rides o Music e Animals c� Catr;red Pig, Roast o Other "rent Staked: o yes ca no CLBCTRICAL FOR TENTS ❑ APPLICANT TO CALL JULlE (l-$0M92-0123) TO BE LOCATED o NO ELECTRIC: Shamrock if 'ic tF 9; k 1t 'k tk if �' * is * 1:'k'Ir'k 1F'M 1f Vt �l' �l' 9t 1c 1f if 'k 1�C 1'f if ,k 'h 1F r. Y('x iF Y+ )f 1; tF 9: is 1F 1Y 1k 7't 'x 'Y, �; 7� k'Y. 'A' if �' % �: fF '/i 'k if 11' % * X t�f �' it 'k it 1C % Yc 1k lY 11"k N 1Y N *' tf •k N �t !( 1M if Sf )l 1f 'k k N'�' 11' Ih N' fi i; is Yf k i( if >' Will beer/wine be present: c� Yes �-1 No III YO(J CI-Ip'.CI�C� YZ+;S, i'T�IJAS';r' ANSWER QUI;STI()NS I3r;LOW: Indicate the number of beer/wine permits denied ,___.___. Indicate amount of beer/wine tv be brought into the City Park under this permit on above date (number of wine bottles, beer cases, beer kegs, etc,)_.___--______ I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the Permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brot.ight into the City of McHenry park under this permit, I agree that none of the beer/wine allowed in the City of McHenry park, pru•st.iant to this application will be sold., it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have reed and will comply with the City of'Mcl-lenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the - Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arising from the use of the park property. I}aalso understand that not complying with the Park Permit rules will result in loss of deposit, Signature: Date, Health permits are r 4ulred b -iarr+ for concessions and catering. ,Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval, Restrictions: oMCt'; USE ONLYx,rx+�,�x���a;*,��•xk��,��;,t,tx��x,xn,r,t**��,r�a�aa�a*xxx>�k+,t+��e< Reservation Deposit Fee: $ ___.�__. � :� <^;a __._._.....� ..___.__ r'aymnt: [.� Cash ❑ heck C_7 C:hai;�:c Total Fee: $� —`� ::r Submitted to City Council: \JLld'\Q�I Confirmation sent; _ _Initials:_ _ City Council Approval; parkslforms\picnic formslspacial use and bear and o+• wine application Vendor Name McHenry, IL AVVN 100057 Account Number Vendor: ADAMS STEEL SERVICE INC ADAMS STEEL SERVICE INC 100-33-5370 ADAMS STEEL SERVICE INC 100-33-5370 Vendor: AMELIO, ROBERT AMELIO, ROBERT 100-47-5110 Vendor: AMERICAN WATER WORKS ASSN AMERICAN WATER WORKS 100-30-5410 Vendor: AQUAFIX AQUAFIX 510-32-6110 Vendor: AT&T AT&T 100-01-5320 AT&T 100-02-5320 AT&T 100-03-5320 AT&T 100-04-5320 AT&T 100-22-5320 AT&T 100-30-5320 AT&T 100-33-5320 AT&T 100-41-5320 AT&T 100-44-5320 AT&T 100-46-5320 AT&T 100-47-5320 AT&T 620-00-5110 AT&T 100-43-5320 AT&T 100-45-5320 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC 100-03-5370 Vendor: BAKER &SON CO, PETER BAKER & SON CO, PETER 100-33-6110 BAKER & SON CO, PETER 510-35-6110 BAKER & SON CO, PETER 100-33-6110 Vendor: BANWART, NATE BANWART, NATE 100-47-5110 Vendor: BIRK, ADRIANA BIRK, ADRIANA 100-22-5420 Vendor: BIRK, IOHN BIRK, JOH N 100-22-5440 Vendor: BLACKSTONE LANDSCAPE INC BLACKSTONE LANDSCAPE INC 100-33-5110 BLACKSTONE LANDSCAPE INC 100-41-5110 BLACKSTONE LANDSCAPE INC 510-31-5110 Description (Item) SUPPLIES SUPPLIES SOFTBALL UMPIRE FEES MEMBERSHIP RENEWAL SUPPLIES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES ALARM CIRCUITS ALARM CIRCUITS VEHICLE REPAIRS MATERIALS MATERIALS MATERIALS SOFTBALL UMPIRE FEES REIMB TRAINING EXPENSES TUITION REIMB MONTHLY MAINTENANCE MONTHLY MAINTENANCE MONTHLY MAINTENANCE Expense Approval Register LIST OF BILLS COUNCIL MEETING 6/1/15 Payable Number Post Date Amount 324798 06/01/2015 324911 06/01/2015 Vendor ADAMS STEEL SERVICE INC Total INV0000326 06/01/2015 VendorAMELIC, ROBERT Total 8/1/15-7/31/15 06/01/2015 Vendor AMERICAN WATER WORKS ASSN Total: 26.19 52.40 78.59 305.50 305.50 81.00 1s651 06/01/2015 258.82 Vendor AQUAFIX Total: 258.82 4/16/15-5/15/15A 06/01/2015 103.49 4/16/15-5/15/15A 06/01/2015 38.81 4/16/15-5/15/15A 06/01/2015 84.08 4/16/15-5/15/15A 06/01/2015 45.28 4/16/15-5/15/15A 06/01/2015 252.25 4/16/15-5/15/15A 06/01/2015 3&81 4/16/15-5/15/15A 06/01/2015 12.94 4/16/15-5/15/15A 06/01/2015 38.81 4/16/15-5/15/15A 06/01/2015 6.47 4/16/15-5/15/15A 06/01/2015 12.94 4/16/15-5/15/15A 06/01/2015 6.46 4/16/15-5/15/15A 06/01/2015 25.86 5/16/15-6/15/15 06/01/2015 333.26 5/16/15-6/15/15 06/01/2015 256.53 Vendor AT&T Total: 11255.99 262866 06/01/2015 301.20 Vendor AUTO TECH CENTERS INC Total: 301.20 35329MB 04/30/2015 241.08 35329MB-2 04/30/2015 92.12 35410MB 06/01/2015 149.58 Vendor BAKER & SON CO, PETER Total: 482.78 100475110 06/01/2015 207.00 Vendor BANWART, NATE Total: 207.00 INV0000327 06/01/2015 56.00 Vendor BIRK, ADRIANA Total: 56.00 INV0000329 06/01/2015 1,050.00 Vendor BIRK, JOHN Total: 1,050.00 2015-E04250 04/30/2015 11025.50 2015-E04250 04/30/2015 3,673.20 2015 E04250A 04/30/2015 504.00 5/Z7/2015 1:15:34 PM Page 1 Expense Approval Register Packet: APPKT00057 - MONTHLY MAINTENANCE Vendor Name Account Number Description (Item) Payable Number Post Date Amount BLACKSTONE LANDSCAPE INC 510-32-5110 MONTHLY MAINTENANCE 2015-EO4250A 04/30/2015 339.80 Vendor BLACKSTONE LANDSCAPE INC Total: 51542.50 Vendor: BREMER, CURTIS H BREMER, CURTIS H 100-47-5110 SOFTBALL UMPIRE FEES INV0000328 06/01/2015 78.00 Vendor BREMER, CURTIS H Total: 78.00 Vendor: BRENNAN, DAN BRENNAN, DAN 100-03-5110 CONTRACTUAL SERVICES- 5/12/15 06/01/201S 350.00 BRENNAN, DAN 100-03-5110 CONTRACTUAL SERVICES- 5/18/15 06/01/2015 11750.00 BRENNAN, DAN 100-03-5110 CONTRACTUAL SERVICES- 5/7/15 06/01/2015 920.00 Vendor BRENNAN, DAN Total: 31020.00 Vendor: BUSS FORD SALES BUSS FORD SALES 100-22-5370 VEHICLE REPAIR SUPPLIES 5016714 06/01/2015 35.29 BUSS FORD SALES 100-33-5370 VEHICLE REPAIR SUPPLIES 5016715 06/01/2015 232.90 BUSS FORD SALES 100-22-5370 VEHICLE REPAIR SUPPLIES M99151 06/01/2015 222.50 Vendor BUSS FORD SALES Total: 490.69 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 100-01-6110 SUPPLIES 53521 06/01/2015 262.64 Vendor CABAY & COMPANY INC Total: 262.64 Vendor: CDW GOVERNMENT INC CDW GOVERNMENT INC 100-04-6270 SUPPLIES VD43988 06/01/2015 90.00 CDW GOVERNMENT INC 620-00-6270 SUPPLIES VI<40524 06/01/2015 11164,00 CDW GOVERNMENT INC 620-00-6270 SUPPLIES VK62103 06/01/2015 609.70 CDW GOVERNMENT INC 620-00-6110 SUPPLIES VM01394 06/01/201S 2,370.00 CDW GOVERNMENT INC 620-00-6270 SUPPLIES VM75735 06/01/2015 400.00 CDW GOVERNMENT INC 620-00-6270 SUPPLIES VN18468 06/01/2015 160.34 CDW GOVERNMENT INC 620-00-6270 SUPPLY CREDIT VN33111 06/01/2015 -39.00 Vendor CDW GOVERNMENT INC Total: 41755.04 Vendor: CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 610-00-6940 MEDICALSERVICES 151213 04/30/2015 122.50 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 151503 06/01/2015 75.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 151544 06/01/2015 45.00 Vendor CENTEGRA OCCUPATIONAL HEALTH Total: 242.50 Vendor: CFA SOFTWARE INC CFA SOFTWARE INC 100-33-5110 CFA WIN7 - ONE YEAR 12829 06/01/2015 4,200.00 Vendor CFA SOFTWARE INC Total: 41200.00 Vendor: COMED COMED 100-33-5520 UTILITIES 4/22/15-5/21/15 06/01/2015 31.34 COMED 510-32-5510 UTILITIES 4/22-5/21/15 06/01/2015 547.19 Vendor COMED Total: S7&53 Vendor: CONNEY SAFETY PRODUCTS CONNEY SAFETY PRODUCTS 100-42-6110 SUPPLIES O4929946 06/01/2015 101.79 Vendor CONNEY SAFETY PRODUCTS Total: 101.79 Vendor: CONSERV FS CONSERV FS 100-45-6110 SUPPLIES 2056861-IN 06/01/2015 462.50 Vendor CONSERV FS Total: 462.50 Vendor: CORPORATE DISK COMPANY CORPORATE DISK COMPANY 100-01-5430 TRAINING MATERIALS 875245 06/01/2015 465.00 Vendor CORPORATE DISK COMPANY Total: 465.00 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 100-45-6110 SUPPLIES S500496240.001 06/01/2015 27.32 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 27.32 Vendor: CUMMINS NPOWER LLC CUMMINS NPOWER LLC 510-32-5375 REPAIRS 805-79530 06/01/2015 456.42 Vendor CUMMINS NPOWER LLC Total: 456.42 5/27/2015 1:15:34 PM Page 2 Expense Approval Register Vendor Name Account Number Vendor: CURFMAN, CELENA CURFMAN, CELENA 100-41-3634 Vendor: CURRAN MATERIALS COMPANY CURRAN MATERIALS 100-33-6110 Vendor: DOCUMENT IMAGING DIMENSIONS INC DOCUMENT IMAGING 620-00-6210 Vendor: DURA WAX COMPANY INC, THE DURA WAX COMPANY INC, THE 100-01-6110 DURA WAX COMPANY INC, THE 100-01-6110 Vendor: EJ USA INC EJ USA INC 510-35-6110 Vendor: ELECTRONIC ENTRY SYSTEMS INC ELECTRONIC ENTRY SYSTEMS 100-41-5370 Vendor: EVANS, JIM EVANS, JIM 100-47-5110 Vendor: FASTENAL FASTENAL 100-45 6110 Vendor: FGM ARCHITECTS FGM ARCHITECTS 400-00-8200 Vendor: FOX RIDGE NURSERY FOX RIDGE NURSERY 100-41-6950 Vendor: FOX VALLEY FIRE &SAFETY FOX VALLEY FIRE &SAFETY 100-45-5110 Vendor: G & E GREENHOUSES INC G & E GREENHOUSES INC 100-45-6110 Vendor: GERAGHTY, MARCI GERAGHTY, MARCI 100-01-5410 Vendor: GESKE AND SONS INC GESKE Vendor: GOLD AND SONS INC 510-35-6110 GESKE AND SONS INC 100-33-6110 GESKE AND SONS INC 100-33-6110 GESKE AND SONS INC 100-33-6110 GESKE AND SONS INC 100-33-6110 GESKE AND SONS INC 100-33-6110 GESKE AND SONS INC 100-33-6110 GESKE AND SONS INC 100-33-6110 MEDAL PRODUCTS GOLD MEDAL PRODUCTS 100-44-6110 GOLD MEDAL PRODUCTS 100-44-6110 GOLD MEDAL PRODUCTS 100-44-6110 Packet: APPKT00057 - CANCELLATION SWIM TEAM -REFUND Description (Item) Payable Number Post Date Amount CANCELLATION SWIM TEAM- 124404 06/01/2015 Vendor CURFMAN, CELENA Total 200.00 200.00 MATERIALS 9465 06/01/2015 35.00 Vendor CURRAN MATERIALS COMPANY Total: 35.00 SUPPLIES 264198 06/01/2015 436.00 Vendor DOCUMENT IMAGING DIMENSIONS INC Total: 436.00 SUPPLY CREDIT 375945 04/30/2015 -29.20 SUPPLIES 377503 06/01/2015 153.80 Vendor DURA WAX COMPANY INC, THE Total: 124.60 SUPPLIES 3831742 06/01/2015 3,350.00 Vendor EJ USA INC Total: 31350.00 REPAIRS 201405649 04/30/2015 192.50 Vendor ELECTRONIC ENTRY SYSTEMS INC Total: 192.50 SOFTBALL UMPIRE FEES INV0000332 06/01/2015 50.00 Vendor EVANS, JIM Total: 50.00 SUPPLIES ILMCH13950 06/01/2015 28.03 Vendor FASTENAL Total: 28.03 MCHENRY REC CENTER 14-1800.01-9 04/30/2015 4,132.39 Vendor FGM ARCHITECTS Total: 4,132.39 FORESTRY 32238 06/01/2015 985.00 Vendor FOX RIDGE NURSERY Total: 985.00 CONTRACTUALSERVICES 906082 04/30/2015 781.00 Vendor FOX VALLEY FIRE & SAFETY Total: 781.00 SUPPLIES 166086 06/01/2015 1,029,60 Vendor G & E GREENHOUSES INC Total: 11029.60 MILEAGE REIMB INV0000333 06/01/2015 21.85 Vendor GERAGHTY, MARCI Total: 21.85 MATERIALS 31241 04/30/2015 939.64 MATERIALS 31256 04/30/2015 196.56 MATERIALS 31273 04/30/2015 267.28 MATERIALS 31291 06/01/2015 73.32 MATERIALS 31315 06/01/2015 98.80 MATERIALS 31331 06/01/2015 197.08 MATERIALS 31346 06/01/2015 315.64 MATERIALS 31440 06/01/2015 161.72 Vendor GESKE AND SONS INC Total: 20250.04 SUPPLIES 287919 04/30/2015 211.82 CONCESSION SUPPLIES 288715 06/01/2015 271.69 CONCESSION SUPPLIES 289458 06/01/2015 295.99 5/27/2015 1:15:34 PM Page 3 Expense Approval Register Packet: APPKT00057 - CONCESSION SUPPLY CREDIT Vendor Name Account Number Description (Item) Payable Number Post Date Amount GOLD MEDAL PRODUCTS 100-44-6110 SUPPLY CREDIT PS60050333 04/30/2015 -504,60 Vendor GOLD MEDAL PRODUCTS Total: 274.90 Vendor: GOLF ACADEMY AT TERRA COTTA LLC GOLF ACADEMY AT TERRA 100-47-5110 PARKS & REC-GOLF PROGRAM INV0000334 06/01/2015 190,00 GOLF ACADEMY AT TERRA 100-47-5110 PARKS&REC - GOLF LESSONS INV0000343 06/01/2015 336,00 Vendor GOLF ACADEMY AT TERRA COTTA LLC Total: 526.00 Vendor: GOODMARK NURSERIES LLC GOODMARK NURSERIES LLC 100-41-6950 SUPPLIES IN00014139 04/30/2015 2,600.00 GOODMARK NURSERIES LLC 100-41-6950 TREES IN00014152 06/01/2015 31489,00 GOODMARK NURSERIES LLC 100-41-6950 FORESTRY IN00014160 06/01/201S 1,590.00 Vendor GOODMARK NURSERIES LLC Total: 7,679.00 Vendor: GREVE, CODY GREVE, CODY 100-47-5110 SOFTBALL UMPIRE FEES INV0000335 06/01/2015 299.00 Vendor GREVE, CODY Total: 299000 Vendor: GUARDIAN MATERIAL HANDLING GUARDIAN MATERIAL 100-33-5370 FORKLIFT 7379 04/30/2015 450,00 Vendor GUARDIAN MATERIAL HANDLING Total: 450.00 Vendor: HACH COMPANY HACH COMPANY 510-31-6110 SUPPLIES 9376050 06/01/2015 868,02 Vendor HACH COMPANY Total: 868.02 Vendor: HALOGEN SUPPLY COMPANY HALOGEN SUPPLY COMPANY 100-44-6110 SUPPLIES 00467177 06/01/2015 13200 HALOGEN SUPPLY COMPANY 100-42-5110 SUPPLIES 00467842 06/01/2015 157169 Vendor HALOGEN SUPPLY COMPANYTotal: 289.69 Vendor: HARM'S FARM HARM'S FARM 100-45-6110 SUPPLIES 22230 06/01/2015 176,00 HARM'S FARM 100-45-6110 SUPPLIES 22233 06/01/2015 196,49 Vendor HARM'S FARM Total: 37249 Vendor: HARTMANN, PATRICIA HARTMANN, PATRICIA 100-00-3410 TEMP SIGN REFUND INV0000336 06/01/2015 30.00 Vendor HARTMANN, PATRICIA Total: 30.00 Vendor: HAWKINS INC HAWKINS INC 510-31-6110 SUPPLY CREDIT 3625501RI 04/30/2015 -60,00 HAWKINS INC 510-31-6110 SUPPLIES 3720070RI 04/30/2015 14,389*55 HAWKINS INC 510-31-6110 SUPPLY CREDIT 3720669RM 04/30/2015 -3176432 HAWKINS INC 510-31-6110 SUPPLY CREDIT 3725639RM 04/30/2015 -9,065.98 HAWKINS INC 510-32-6110 SUPPLIES 3726297RI 06/01/2015 633468 Vendor HAWKINS INC Total: 2,132.33 Vendor: ILLINOIS STATE POLICE ILLINOIS STATE POLICE 100-01-5110 BACKGROUND CHECKS INV0000337 06/01/2015 29.75 ILLINOIS STATE POLICE 100-03-5110 BACKGROUND CHECKS INV0000337 06/01/2015 31,50 ILLINOIS STATE POLICE 100-2200 BACKGROUND CHECKS INV0000337 06/01/2015 119400 ILLINOIS STATE POLICE 100-41-5110 BACKGROUND CHECKS INV0000337 06/01/2015 88200 ILLINOIS STATE POLICE 510-31-5110 BACKGROUND CHECKS INV0000338 06/01/2015 31,50 ILLINOIS STATE POLICE 510-32-5110 BACKGROUND CHECKS INV0000338 06/01/2015 31,50 Vendor ILLINOIS STATE POLICE Total: 1112515 Vendor: INTEGRA BUSINESS SYSTEMS INC INTEGRA BUSINESS SYSTEMS 100-41-5110 ANNUAL SERVICE AGREEMENT INV65816 06/01/2015 295,00 Vendor INTEGRA BUSINESS SYSTEMS INC Total: 295900 Vendor: INTERSTATE BATTERY SYSTEMS OF INTERSTATE BATTERY SYSTEMS 510-32-5370 SUPPLIES 862795 06/01/2015 387,90 Vendor INTERSTATE BATTERY SYSTEMS OF Total: 387990 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 100-33-5370 VEHICLE REPAIRS 97723159 04/30/2015 87,63 INTERSTATE BILLING SERVICE 100-33-5370 VEHICLE REPAIRS 97743179 04/30/2015 35,04 INTERSTATE BILLING SERVICE 510-32-5370 VEHICLE REPAIRS 97745343 04/30/2015 8194 5/27/2015 1:15:34 PM Page 4 Expense Approval Register Packet: APPKT00057 - VEHICLE REPAIRS Vendor Name Account Number Description (Item) Payable Number Post Date Amount INTERSTATE BILLING SERVICE 510-32-5370 VEHICLE REPAIRS 97763196 04/30/2015 54.60 INTERSTATE BILLING SERVICE 100-33-5370 VEHICLE REPAIRS 97786118 06/01/2015 400.69 INTERSTATE BILLING SERVICE 100-33-5370 VEHICLE REPAIRS 97786137 06/01/2015 381A7 INTERSTATE BILLING SERVICE 100-33-5370 VEHICLE REPAIRS 97810732 06/01/2015 -186.20 INTERSTATE BILLING SERVICE 100-33-5370 VEHICLE REPAIRS 97896507 06/01/2015 156.87 INTERSTATE BILLING SERVICE 100-33-5370 VEHICLE REPAIRS 97938986 06/01/2015 134.59 Vendor INTERSTATE BILLING SERVICE INC Total: 1,148.63 Vendor: KARKI, STEVE KARKI, STEVE 100-47-5110 PARKS PROGRAM INSTRUCTOR 5/4/15-5/19/15 06/01/2015 84.00 Vendor KARKI, STEVE Total: 84.00 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 100-33-5370 SUPPLIES 4131662 04/30/2015 151.58 KIMBALL MIDWEST 100-33-5370 SUPPLIES 4184878 04/30/2015 325.30 KIMBALL MIDWEST 100-33-5370 SUPPLIES 4198048 06/01/2015 223.79 KIMBALL MIDWEST 100-33-5370 SUPPLIES 421IS28 06/01/2015 281.90 KIMBALL MIDWEST 510-32-6110 SUPPLIES 4219206 06/01/2015 191.98 KIMBALL MIDWEST 510-32-6110 SUPPLIES 4220012 06/01/2015 303.75 Vendor KIMBALL MIDWEST Total: 1,478.30 Vendor: KING, LAURA KING, LAURA 100-22-5420 TRAVEL REIMB INV0000340 06/01/2015 27.58 Vendor KING, LAURA Total: 27.58 Vendor: LAKESIDE PEST CONTROL SERVICE INC LAKESIDE PEST CONTROL 100-01-5110 PEST CONTROL SERVICES 074331 04/30/2015 115.00 Vendor LAKESIDE PEST CONTROL SERVICE INC Total: 115.00 Vendor: LANG-CADILLAC-BUICK-GMC INC, GARY LANG-CADILLAC-BUICK-GMC 100-22-5370 VEHICLE REPAIRS 117730 06/01/2015 123.14 LANG-CADILLAC-BUICK-GMC 100-22-5370 VEHICLE REPAIRS 117866 06/01/2015 47.05 LANG-CADILLAC-BUICK-GMC 100-33-5370 VEHICLE REPAIRS 117881 06/01/2015 57.05 LANG-CADILLAC-BUICK-GMC 100-33-5370 VEHICLE REPAIRS 117892 06/01/2015 20.08 Vendor LANG-CADILLAC-BUICK-GMC INC, GARY Total: 247.32 Vendor: LANGE, MICHAEL LANGE, MICHAEL 510-32-4510 REIMB CLOTHING ALLOW INV0000341 06/01/2015 119.99 Vendor LANGE, MICHAEL Total: 119.99 Vendor: LEACH ENTERPRISES INC LEACH ENTERPRISES INC 100-33-5370 VEHICLE REPAIRS 822805 06/01/2015 35.57 LEACH ENTERPRISES INC 510-35-5370 VEHICLE REPAIRS 867758 06/01/2015 156.90 Vendor LEACH ENTERPRISES INC Total: 192.47 Vendor: LUSSON, NICOLE LUSSON, NICOLE 100-2200 REFUND OVERPAYMT PARKING P100871 06/01/2015 50.00 Vendor LUSSON, NICOLE Total: 50.00 Vendor: MARCHEWKA, MIKE MARCHEWKA, MIKE 100-33-5110 CONTRACTUAL SERVICES 5/11/15 06/01/2015 410.00 MARCHEWKA, MIKE 100-45-5110 CONTRACTUAL SERVICES 5/11/15A 06/01/2015 560.00 Vendor MARCHEWKA, MIKE Total: 970.00 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW 100-01-5230 TRAFFIC & ORDINANCE 5/1/15-5/31/15 06/01/2015 51175.00 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: 5,175.00 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 100-33-6110 CONCRETE BLADE 11037478 06/01/2015 75.00 Vendor MCCANN INDUSTRIES INC Total: 75.00 Vendor: MCCORMICK, JENISE M MCCORMICK, JENISE M 100-47-5110 PARKS & REC PROGRAM 4/22/15-4/30/15 04/30/2015 121.88 MCCORMICK, JENISE M 100-47-5110 PARKS & REC PROGRAM 5/3/15-5/14/15 06/01/2015 170.62 Vendor MCCORMICK, JENISE M Total: 292.50 Vendor: MCHENRY ANALYTICAL WATER LABORATORY INC MCHENRY ANALYTICAL WATER 510-31-5110 MONTHLY DRINKING WATER 1502178 04/30/2015 390.00 5/27/2015 1:15:34 PM Page 5 Expense Approval Register Packet: APPKT00057 - NITROGEN TESTING Vendor Name Account Number Description (Item) Payable Number Post Date Amount MCHENRY ANALYTICAL WATER 510-32-6110 NITROGEN TESTING 317494 04/30/2015 60,00 MCHENRY ANALYTICAL WATER 510-32-6110 SPECIAL METALS TESTING 317495 04/30/2015 125,00 MCHENRY ANALYTICAL WATER 510-32-6110 NITROGEN TESTING 317496 04/30/2015 120,00 MCHENRY ANALYTICAL WATER 510-31-5110 FLUORIDE SAMPLES 317614 06/01/2015 60.00 Vendor MCHENRY ANALYTICAL WATER LABORATORY INC Total: 755.00 Vendor: MCHENRY COUNTY DIV OF TRANSPORTATION MCHENRY COUNTY DIV OF 100-01-5110 MU 2-1 04/30/2015 31027,50 MCHENRY COUNTY DIV OF 100-01-5110 MCRIDE MUNICIPAL SHARE- 2-1A 04/30/2015 3,027.50 Vendor MCHENRY COUNTY DIV OF TRANSPORTATION Total: 6,055.00 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER 620-00-5110 LAREDO QRTLY MAINTENANCE 2015520-19 06/01/2015 250,00 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: 250.00 Vendor: MCHENRY FIRESTONE MCHENRY FIRESTONE 100-33-5370 VEHICLE REPAIRS 20263 06/01/2015 430.00 Vendor MCHENRY FIRESTONE Total: 430.00 Vendor: MCHENRY SPECIALTIES MCHENRY SPECIALTIES 100-01-6940 SUPPLIES 2015-370 06/01/2015 31.00 Vendor MCHENRY SPECIALTIES Total: 31.00 Vendor: MENARDS - CRYSTAL LAKE MENARDS-CRYSTAL LAKE 100-33-6110 SUPPLIES 77399 06/01/2015 47.88 Vendor MENARDS - CRYSTAL LAKE Total: 47.88 Vendor: MENARDS - WOODSTOCK MENARDS- WOODSTOCK 510-32-6110 SUPPLIES 75327 06/01/2015 50,36 Vendor MENARDS - WOODSTOCK Total: 50.36 Vendor: METROPOLITAN INDUSTRIES METROPOLITAN INDUSTRIES 510-32-5380 REPAIRS 0000297164 06/01/2015 690.00 Vendor METROPOLITAN INDUSTRIES Total: 690.00 Vendor: METZ, CHRIS METZ, CHRIS 100-00-3410 TEMPORARY SIGN REFUND 15-03-023 06/01/2015 30.00 Vendor METZ, CHRIS Total: 30.00 Vendor: MEYER MATERIAL COMPANY MEYER MATERIAL COMPANY 100-33-6110 MATERIALS 705516552 04/30/2015 114.79 MEYER MATERIAL COMPANY 510-35-6110 MATERIALS 705516552A 04/30/2015 94.30 MEYER MATERIAL COMPANY 510-35-6110 MATERIALS 705534168 04/30/2015 184.60 MEYER MATERIAL COMPANY 510-35-6110 MATERIALS 705543107 06/01/2015 96,80 Vendor MEYER MATERIAL COMPANY Total: 490.49 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 100-33-6110 SUPPLIES 162109W 04/30/2015 913.28 MID AMERICAN WATER OF 510-35-6110 SUPPLIES 162908W 06/01/2015 305,00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 1,218.28 Vendor: MIDCO MIDCO 620-00-5320 PHONE SUPPORT 293709 04/30/2015 170.00 MIDCO 620-00-5110 TECHNICAL SUPPORT- 293946 04/30/2015 11630,00 Vendor MIDCO Total: 1,800.00 Vendor: NICOR GAS NICOR GAS 510-31-5510 UTILITIES 4/20/15-5/19/15 06/01/2015 518.80 NICOR GAS 510-32-5510 UTILITIES 4/20/15-5/19/15 06/01/2015 738.20 NICOR GAS 100-42-5510 UTILITIES 4/20-5/19/15 06/01/2015 539,52 NICOR GAS 100-43-5510 UTILITIES 4/20-5/19/15 06/01/2015 46.71 NICOR GAS 100-45-5510 UTILITIES 4/20-5/19/15 06/01/2015 274,69 Vendor NICOR GAS Total: 2,117.92 Vendor: NORTH SUBURBAN WATER NORTH SUBURBAN WATER 510-31-5430 MONTHLY MEETING 6/15/15 06/01/2015 80.00 Vendor NORTH SUBURBAN WATER Total: 80.00 5/27/2015 1:15:34 PM Page 6 Expense Approval Register Vendor Name Account Number Vendor: NORTHERN ILLINOIS SPECIAL RECREATION ASN NORTHERN ILLINOIS SPECIAL 100-41-5410 Vendor: OTTER SALES &SERVICE INC OTTER SALES & SERVICE INC 100-33-5370 Vendor: PATTEN INDUSTRIES INC PATTEN INDUSTRIES INC 510-32-6110 Vendor: PEPSI BEVERAGE COMPANY PEPSI BEVERAGE COMPANY 100-44-6110 Vendor: PERRICONE GARDEN CENTER &NURSERY PERRICONE GARDEN CENTER & 100-45-6110 Vendor: PETERS, DESIRE PETERS, DESIRE 100-41-3635 Vendor: PETERSON, DWAYNE PETERSON, DWAYNE 100-47-5110 Vendor: PETROLIANCE LLC PETROLIANCE LLC 510-32-6250 PETROLIANCE LLC 510-31-6250 PETROLIANCE LLC 100-33-6250 PETROLIANCE LLC 510-32-6250 PETROLIANCE LLC 510-32-6250 PETROLIANCE LLC 510-31-6250 PETROLIANCE LLC 510-31-6250 PETROLIANCE LLC 100-33-6250 PETROLIANCE LLC 100-03-6250 PETROLIANCE LLC 100-45-6250 PETROLIANCE LLC 100-22-6250 PETROLIANCE LLC 100-45-6250 PETROLIANCE LLC 100-45-6250 PETROLIANCE LLC 510-32-6250 PETROLIANCE LLC 510-32-6250 PETROLIANCE LLC 510-31-6250 PETROLIANCE LLC 510-35-6250 PETROLIANCE LLC 100-33-6250 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 100-45-5110 PETTIBONE & CO, P F 100-22-4510 PETTIBONE & CO, P F 100-22-4510 PETTIBONE & CO, P F 100-22-4510 Vendor: PLATINUM HEATING &COOLING INC PLATINUM HEATING & 510-32-6110 Vendor: PRINCIPIO AUTO GROUP PRINCIPIOAUTOGROUP 100-00-3410 Vendor: PROSHRED SECURITY PROSHREDSECURITY 100-22-5110 Description (Item) FY15/16 MEMBER DUES VEHICLE REPAIRS SUPPLIES SUPPLIES Packet: APPKT00057 - FY15/16 MEMBER DUES Payable Number Post Date Amount 5/19/15 06/01/2015 Vendor NORTHERN ILLINOIS SPECIAL RECREATION ASN Total: P152657 04/30/2015 Vendor OTTER SALES & SERVICE INC Total: PM600243427 04/30/2015 Vendor PATTEN INDUSTRIES INC Total: 86731663 06/01/2015 Vendor PEPSI BEVERAGE COMPANY Total: SUPPLIES 34842 06/01/2015 Vendor PERRICONE GARDEN CENTER & NURSERY Total: PARKS & REC REFUND -SWIM 124487 06/01/2015 Vendor PETERS, DESIRE Total: SOFTBALL UMPIRE FEES VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FULE VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL PORTABLE TOILET RENTAL EMPLOYEE UNIFORM EMPLOYEE UNIFORM EMPLOYEE UNIFORM REPAIRS A/C INV0000344 06/01/2015 Vendor PETERSON, DWAYNE Total: 9624531 04/30/2015 9624532 04/30/2015 9624535 04/30/2015 962S636 04/30/2015 9625636A 06/01/2015 9625637 04/30/2015 9625637A 06/01/2015 9625639 04/30/2015 9628412 06/01/2015 9628415 06/01/2015 9628417 06/01/2015 9631268 06/01/2015 9631286 06/01/2015 9628413 06/01/2015 9628413 06/01/2015 9628414 06/01/2015 9628414 06/01/2015 9628416 06/01/2015 Vendor PETROLIANCE LLC Total: 11546 06/01/2015 33158 06/01/2015 33159 06/01/2015 33162 06/01/2015 Vendor PETTIBONE & CO, P F Total: 3511 TEMP SIGN REFUND-15-02-025 15-02-025 DOCUMENT SHREDDING 990008428 06/01/2015 Vendor PLATINUM HEATING &COOLING INC Total: 06/01/2015 Vendor PRINCIPIO AUTO GROUP Total: 06/01/2015 Vendor PROSHRED SECURITYTotal: 124,443.00 124,443600 758.13 758.13 848.15 848.15 467.12 467.12 42.00 4200 . 200.00 200.00 230.00 230.00 241.57 253.95 320.77 52.42 303.26 22.85 95.21 81.63 95.91 463.38 2,091.71 66.29 264.21 310.56 145.39 84.16 64.23 1,116.73 6, 750.00 63.00 49.50 37.95 900.45 365.00 365.00 30.00 30.00 53.00 53.00 074.23 5/27/2015 1:15:34 PM Page 7 Expense Approval Register Vendor Name Account Number Vendor: QUALITY TIRE SERVICE QUALITY TIRE SERVICE 100-33-5370 QUALITY TIRE SERVICE 510-32-5370 Vendor: RADAR MAN INC RADAR MAN INC 100-22-5110 Vendor: RADICOM INC RADICOM INC 100-22-6270 Vendor: REGNER, WILLIAM J REGNER, WILLIAMJ 100-03-6270 Vendor: REINWALL MARINE SERVICE INC REINWALL MARINE SERVICE 590-00-5110 Vendor: RELIABLE SAND &GRAVEL RELIABLE SAND & GRAVEL 100-45-6110 RELIABLE SAND & GRAVEL 510-35-6110 Vendor: RESERVE ACCOUNT RESERVE ACCOUNT 100-01-5310 RESERVE ACCOUNT 100-02-5310 RESERVE ACCOUNT 100-03-5310 RESERVE ACCOUNT 100-04-5310 RESERVE ACCOUNT 100-22-5310 RESERVE ACCOUNT 100-41-5310 RESERVE ACCOUNT 510-31-5310 Vendor: ROSGA, PATRICIA ROSGA, PATRICIA 100-00-3410 Vendor: SAMPLE, JOSHUA SAMPLE, JOSHUA 100-2200 Vendor: SAM'S CLUB SAM'S CLUB 100-44-6110 SAM'S CLUB 100-44-6110 SAM'S CLUB 100-46-6110 Vendor: SEMROW JR, HARRY H SEMROW JR, HARRY H 100-03-5110 SEMROW JR, HARRY H 100-22-5110 Vendor: SHERMAN MECHANICAL INC SHERMANMECHANICALINC 100-01-5110 SHERMANMECHANICALINC 100-01-5110 SHERMAN MECHANICAL INC 100-01-5110 SHERMAN MECHANICAL INC 100-01-5110 Vendor: SPEER FINANCIAL INC SPEER FINANCIAL INC 300-00-7300 SPEER FINANCIAL INC 400-00-7400 Description (Item) VEHICLE REPAIRS VEHICLE REPAIRS RADAR RECERTIFICATIONS Packet: APPKT00057 - VEHICLE REPAIRS Payable Number Post Date Amount 38016 06/01/2015 38104 06/01/2015 Vendor QUALITY TIRE SERVICE Total 2633 SPEAKER DISPATCH CENTER 101168 EQUIPMT OUTLET & GFCI REPAIRS PIERS MATERIALS MATERIALS POSTAGE FOR MAILING POSTAGE FOR MAILING POSTAGE FOR MAILING POSTAGE FOR MAILING POSTAGE FOR MAILING POSTAGE FOR MAILING POSTAGE FOR MAILING INV0000345 5/18/15 04/30/2015 Vendor RADAR MAN INC Total: 06/01/2015 Vendor RADICOM INC Total: 06/01/2015 Vendor REGNER, WILLIAM 1 Total: 06/01/2015 Vendor REINWALL MARINE SERVICE INC Total 5627 04/30/2015 5627A 04/30/2015 Vendor RELIABLE SAND & GRAVEL Total: INV0000346 INV0000346 INV0000346 INV0000346 INV0000346 INV0000346 INV0000347 TEMP SIGN REFUND 15-03-075 15-03-075 REFUND OP PARKING TICKET P099976 CONCESSION SUPPLIES CONCESSION SUPPLIES CONCESSION SUPPLIES ADM ADJ HEARINGS APRIL ADM ADJ HEARINGS APRIL 06/01/2015 06/01/2015 06/01/2015 06/01/2015 06/01/2015 06/01/2015 06/01/2015 Vendor RESERVE ACCOUNT Total 06/01/2015 Vendor ROSGA, PATRICIA Total: 06/01/2015 Vendor SAMPLE, JOSHUA Total INV0000349 04/30/2015 INV0000350 06/01/2015 INV0000350 06/01/2015 Vendor SAM'S CLUB Total: APRIL2015 04/30/2015 APRIL2015 04/30/2015 Vendor SEMROW JR, HARRY H Total: REPAIRS-PDCONTRACTUAL 569298 REPAIRS -AIR CONDITIONING W10168 REPAIRS -CONTRACTUAL W10232 REPAIRS - LOBBY WASHROOM W10330 BOND FEE SERVICES BOND FEE SERVICES 04/30/2015 04/30/2015 04/30/2015 04/30/2015 Vendor SHERMAN MECHANICAL INC Total: 54-15 04/30/2015 54-15 04/30/2015 Vendor SPEER FINANCIAL INC Total 120.00 930.00 89.09 10.74 10.74 4,886.00 4,886.00 237.53 49.60 287.13 4.78 22.71 25.50 506.68 126.72 75.22 372.10 1,133.71 30.00 30.00 25.00 25.00 174.50 175.29 17.94 367.73 67.50 607.50 675.00 130.90 663.54 286.91 681.43 1,762.78 14,624.92 6,759.00 21,383.92 5/27/2015 1:15:34 PM Page 8 Expense Approval Register Vendor Name Account Number Vendor: STANARD & ASSOCIATES INC STANARD & ASSOCIATES INC 100-21-5110 Vendor: STANS OFFICE TECHNOLOGIES STANS OFFICE TECHNOLOGIES 100-03-5110 STANS OFFICE TECHNOLOGIES 620-00-6210 STANS OFFICE TECHNOLOGIES 620-00-5110 STANS OFFICE TECHNOLOGIES 100-33-6115 Vendor: STAPLES CREDIT PLAN STAPLES CREDIT PLAN 100-03-6210 STAPLES CREDIT PLAN 100-04-6210 STAPLES CREDIT PLAN 100-22-6210 STAPLES CREDIT PLAN 100-00-6210 STAPLES CREDIT PLAN 100-00-6210 STAPLES CREDIT PLAN 100-04-6210 STAPLES CREDIT PLAN 100-04-6210 STAPLES CREDIT PLAN 100-22-6210 STAPLES CREDIT PLAN 100-22-6210 STAPLES CREDIT PLAN 100-33-6210 STAPLES CREDIT PLAN 100-41-6210 Vendor: STARUS, MARGARET STARUS, MARGARET 100-41-3634 Vendor: STYLE BY GARDEN EXTERIORS INC STYLE BY GARDEN EXTERIORS 100-03-3890 Vendor: SWIFT CO INC, JOHN S SWIFT COINC,JOHNS 10002-5330 Vendor: THELEN MATERIALS LLC THELEN MATERIALS LLC 100-33-6110 THELEN MATERIALS LLC 100-33-6110 THELEN MATERIALS LLC 100-33-6110 THELEN MATERIALS LLC 100-33-6110 Vendor: TONYAN &SONS INC, WILLIAM TONYAN &SONS INC, WILLIAM 280-41-8800 Vendor: TRAFFIC CONTROL &PROTECTION INC TRAFFIC CONTROL & 100-33-6110 TRAFFIC CONTROL & 100-45-6110 Vendor: TRANSMISORA AZTECA INC TRANSMISORA AZTECA INC 100-00-3410 Vendor: TREASURER STATE OF ILLINOIS TREASURER STATE OF ILLINOIS 270-00-6110 Vendor: UMB BANK NA UMB BANK NA 300-00-7300 UMB BANK NA 300-00-7300 Packet: APPKT00057 - CONTRACTUAL SERVICES Description (Item) Payable Number Post Date Amount CONTRACTUALSERVICES SA000028260 04/30/2015 395.00 Vendor STANARD & ASSOCIATES INC Total: 395.00 CED COPIER USAGE 312353 06/01/2015 363.77 ADMIN COPIER USAGE 312374 06/01/2015 465.83 IT SERVICES 312381 06/01/2015 375.00 COPIER LEASE - PW 312343 06/01/2015 280.66 Vendor STANS OFFICE TECHNOLOGIES Total: 1,485.26 SUPPLIES 4/25/15 04/30/2015 26.98 SUPPLIES 4/25/15 04/30/2015 22.41 SUPPLIES 4/25/15 04/30/2015 25.15 SUPPLIES 5/1/15-5/7/15 06/01/2015 331.52 SUPPLIES 5/1/15-5/7/15 06/01/2015 -2,538.41 SUPPLIES 5/1/15-5/7/15 06/01/2015 11298.91 SUPPLIES 5/1/15-5/7/15 06/01/2015 31.99 SUPPLIES 5/1/15-5/7/15 06/01/2015 74.28 SUPPLIES 5/1/15-5/7/15 06/01/2015 790.05 SUPPLIES 5/1/15-5/7/15 06/01/2015 306.31 SUPPLIES 5/1/15-5/7/15 06/01/2015 143.14 Vendor STAPLES CREDIT PLAN Total: 512.33 PARKS & REC REFUND 124419 06/01/2015 36.00 Vendor STARUS, MARGARET Total: 36.00 REFUND PERMIT INV0000351 06/01/2015 25.00 Vendor STYLE BY GARDEN EXTERIORS INC Total: 25.00 SPRING NEWSLETTER 26992-15 04/30/2015 1,768.00 VendorSWIFT CO INC,IOHN S Total: 1,768.00 MATERIALS 320272 04/30/2015 428.97 MATERIALS 320891 04/30/2015 191.83 MATERIALS 321591 06/01/2015 271.98 MATERIALS 321592 06/01/2015 98.70 Vendor THELEN MATERIALS LLC Total: 991.48 FORT MCHENRY RENOVATIONS 5 04/30/2015 46,263.60 Vendor TONYAN & SONS INC, WILLIAM Total: 46,263.60 SUPPLIES 83098 04/30/2015 1,260.25 SUPPLIES 83123 06/01/2015 456.00 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 11716.25 TEMP SIGN REFUND -PERMIT 15-04-031 06/01/2015 30.00 Vendor TRANSMISORA AZTECA INC Total: 30.00 UP GRADES TO11TRAFFIC 108119 06/01/2015 2,806.00 Vendor TREASURER STATE OF ILLINOIS Total: 2/806900 ADMINISTRATIVE FEES 303681 06/01/2015 600.00 ACCEPTANCE FEE 303729 06/01/2015 300.00 Vendor LIMB BANK NA Total: 900.00 5/27/2015 1:15:34 PM Page 9 Expense Approval Register Packet: APPKT00057 - UPS CHARGES Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: UNITED PARCEL SERVICE UNITED PARCELSERVICE 100-04-6210 UPS CHARGES 22497 06/01/2015 33.01 Vendor UNITED PARCEL SERVICE Total: 33.01 Vendor: VOGELSANG VOGELSANG 510-32-5380 REPAIRS SLUDGE PUMP 96797 06/01/2015 21822,05 Vendor VOGELSANG Total: 2,822.05 Vendor: WASTE MANAGEMENT OF WI PHEASANT RUN RDF WASTE MANAGEMENT OF WI 510-32-5580 SLUDGE REMOVAL 0028897-2742-2 06/01/2015 8,703.24 Vendor WASTE MANAGEMENT OF WI PHEASANT RUN RDF Total: 8,703.24 Vendor: WATER PRODUCTS - AURORA WATERPRODUCTS-AURORA 510-31-6110 SUPPLIES 0257342 06/01/2015 634.78 WATERPRODUCTS- AURORA 510-35-6110 SUPPLIES 0257511 06/01/2015 719.74 WATERPRODUCTS- AURORA 510-35-6110 SUPPLIES 24037 06/01/2015 433.20 Vendor WATER PRODUCTS -AURORA Total: 1,787.72 Vendor: WHOLESALE DIRECT INC WHOLESALE DIRECT INC 510-35-5370 SUPPLIES 000214352 04/30/2015 191.25 Vendor WHOLESALE DIRECT INCTotal: 191.25 Vendor: WILSON NURSERIES INC WILSON NURSERIES INC 100-45-6110 SUPPLIES 0270046-IN 06/01/2015 199.20 WILSON NURSERIES INC 100-45-6110 SUPPLIES 0270049-IN 06/01/2015 480.00 Vendor WILSON NURSERIES INC Total: 679.20 Vendor: XYLEM WATER SOLUTIONS USA INC XYLEM WATER SOLUTIONS USA 510-32-5375 REPAIRS 3556840353 06/01/2015 11242,12 Vendor XYLEM WATER SOLUTIONS USA INC Total: 1,242.12 Vendor: ZASADA, JIM ZASADA, JIM 100-47-5110 SOFTBALL UMPIRE FEES INV0000353 06/01/2015 46.00 Vendor ZASADA, JIM Total: 4&00 Vendor: ZEP SALES & SERVICE ZEP SALES & SERVICE 100-33-5370 SUPPLIES 9001611659 06/01/2015 143.45 ZEP SALES & SERVICE 510-32-5370 SUPPLIES 9001611659A 06/01/2015 143.45 Vendor ZEP SALES & SERVICE Total: 286.90 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 740-00-5230 CRUZ & MAGANDA 001716 04/30/2015 797.50 ZUKOWSKI ROGERS FLOOD & 100-01-5230 TRAFFIC 001716DWM 04/30/2015 8,925.00 ZUKOWSKI ROGERS FLOOD & 100-01-5230 CORPORATE 001716DWM-A 04/30/2015 51425,00 ZUKOWSKI ROGERS FLOOD & 740-00-5230 K SCHAID LIVING TRUST 113902 04/30/2015 652.50 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 15,800.00 Grand Total: 331,759.71 5/27/2015 1:15:34 PM Page 10 Expense Approval Register Packet: APPKT00057 - K SCHAID LIVING TRUST Fund Summary Fund 100 - GENERAL FUND 270- MOTOR FUELTAX FUND 280 - DEVELOPER DONATION FUND 300 -DEBT SERVICE-1997A FUND 400- RECREATION CENTER FUND 510- WATER/SEWER FUND 590- MARINA OPERATIONS FUND 610 -RISK MANAGEMENT FUND 620- INFORMATION TECHNOLOGY FUND 740- RETAINED PERSONNEL ESCROW Grand Total: Expense Amount 2091255,83 2/806400 46,263460 15,524.92 10,891.39 32,541,74 41886,00 122.50 8,017.73 1,450.00 331,759.71 Report Summary Office of the Chief of Police John M.Jones McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FROM: John M. Jones, Chief of Police FOR: June lst, 2015 Regular City Council Meeting RE: Presentation regarding partnership with the MTFPD as it relates to emergency Dispatch services. Background: Currently, the McHenry Police Department dispatches for the McHenry Police Department, McHenry Township Fire Protection District, Johnsburg Police Department, McCollum Lake Police Department, Marengo Fire, Marengo Rescue, and Union Fire. This is accomplished with nine (9) full-time dispatchers and five (5) part-time dispatchers, all working at three work stations through twelve (12) hour shifts. The McHenry Police Department (MPD) and McHenry Township Fire Protection District (MTFPD) has discussed, in previous years, the potential for enhancing and consolidating call services to be more cost and time effective for both organizations. Further, at the State level, there is legislation pending that would eventually require the consolidation of local dispatch services. As such, the MPD and MTFPD believe that the timing is right to proactively pursue enhancement of our existing dispatching relationship. Analysis: The McHenry Police Department operates one of the six (6) dispatch centers, or PSAP's (Public Safety Answering Points) in McHenry County. Our volume of calls handled has reached a point where we need to look at increasing the number of full time dispatchers that work the center at all times, assuring that our response to calls for service are handled promptly, and professionally. While planning to address this work load, the MTFPD has expressed a desire to partner with the city in order to expand the center to meet the needs of the community. In addition, this partnership would create a reclassification of workload, whereby the center would be able to have dispatchers dedicated to specific areas of expertise. This would include a call taker screening the calls, a police dispatcher who would handle police calls for service, and a fire dispatcher who would handle any fire related emergency calls from start to finish, assuring that their needs are fully met. This is not currently possible under the existing circumstances. Further driving the need for proactive expansion is Illinois Senate Bill 96. If passed, it mandates that counties with a population of more than 250,000 people, such as McHenry County, reduce its PSAP's by fifty percent (50%), by July 1", 2017. For the City of McHenry, it has been determined that it is in our financial best interest if we maintain our center, as we are able to offset a large portion of our operational costs with revenue derived from dispatching for other communities. This is distinct from having to pay a fee to another agency to dispatch. This scenario also allows us control and oversight into the quality of dispatch services offered to our community. A forward -thinking, intergovernmental collaboration with the McHenry Township Fire Protection District will allow us to meet a number of needs towards ensuring that we can continue to offer dispatch services. At the June 1, 2015 City Council Meeting I will be presenting Council with more information regarding this potential partnership, including the steps and phases of implementation, and wanted to provide the opportunity for questions from the Council regarding the specifics of this concept. Chief Tony Huemann of the McHenry Township Fire Protection District, along with members of both of our leadership teams, will be present to provide additional information as well. On June 2, 2015 the same presentation will be given to the MTFPD Board of Trustees. What is being sought from Council at this time is simply a consensus to move forward with the development of a more detailed implementation plan, including the development of an Intergovernmental Agreement (IGA) between the City of McHenry Police Department and McHenry Township Fire Protection District. The IGA would then come before the City Council and the MTFPD Board of Trustees for review and approval. Additionally, any expenditure not included in the FY15/16 Budget would require an amendment to the municipal budget. Office of Finance & Accounting Carolyn Lynch, Director McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: June 1, 2015 TO: Mayor and City Council FROM: Carolyn Lynch, Finance Director RE: Assignment of Revolving Loan and New Revolving Loan Agreement ATTACHMENTS: 1. Revolving Loan Assignment 2. Revolving Loan Agreement BACKGROUND: On October 7, 2013 the City Council approved an agreement with Utopian Roast, LLC d/b/a Hidden Pearl Cafe for a revolving loan in the amount of $34,000. First National Bank handled the underwriting as well as the loan services on the revolving loan. There was a memorandum of understanding between the First National Bank and the City that if Utopian Roast, LLC became more than 60 days past due on their payments First National Bank could assign the loan back to the City. First National Bank, with consent from city staff, made numerous arrangements to delay the principal payment dates to attempt to work with Utopian Roast, LLC. Utopian Roast, LLC made a few timely payments, but in the end, they were more than 60 days past due on their loan payments on a few occasions. On February 27, 2015, First National Bank made the decision to reassign the loan to the City of McHenry. ANALYSIS: Attached is the reassignment paperwork as well as the new loan agreement with the City and Utopian Roast, LLC. Staff met with one of the owners at Utopian Roast, LLC and went over the agreement as well as the plans for the business. The owner feels comfortable that the business will pick up and they will be able to make timely payments as agreed to in the new agreement. The new principal value is $31,720.70 and the monthly loan payments will be $660.73, which will pay off the loan in July, 2019. The owners at Utopian Roast, LLC have signed off on this agreement and staff feels the new agreement will have the loan being paid off in a timely fashion. RECOMMENDATION: Therefore, if council concurs, it is recommended to approve the execution of the Mayor's signature on the attached reassignment paperwork as well as the new revolving loan agreement with Utopian Roast, LLC d/b/a Hidden Pearl Cafe for the principal amount of $31,72030. LOAN MODIFICATION AGREEMENT THIS LOAN MODIFICATION AGREEMENT (this "Agreement") is made as of the of April, 2015 by and among the City of McHenry, an Illinois municipal corporation ("McHenry") and Utopian Roast LLC d/b/a Hidden Pearl Caf6, an Illinois limited liability company ("Borrower"), and Lisa Brand and Christine Kernes (collectively, "Guarantors"). RECITALS WHEREAS, at the behest of McHenry, the First National Bank of McHenry (the "Bank") made a loan to Borrower (the "Loan") and, to evidence that Loan, Borrower executed and delivered in favor of the Bank a Promissory Note dated October 16, 2013 with a maturity date of November 1, 2018, payable to the order of the Bank, in the principal amount of $34,000,00, together with interest thereon at the rate therein stated (the "Note") and carried on the books of the Bank as Loan #12931, and, as security therefore, Borrower executed and delivered in favor of the Bank a Commercial Security Agreement covering all assets of Borrower (the "Security Agreement"). Further, the Note is personally guaranteed by the Guarantors, as evidenced by Guaranties executed by the Guarantors on October 16, 2013 (the "Guaranties"). For convenience, the Note, Security Agreement, and Guaranties are collectively referred to in this Agreement as the "Loan Documents." WHEREAS, on February 27, 2015, the Bank assigned its interest in the Loan and the Loan Documents to McHenry. WHEREAS, Borrower acknowledges and represents to McHenry, upon which representations McHenry has relied in entering into and performing this Agreement, that: (1) material defaults under the Loan Documents have occurred by reason of the failure of Borrower to pay the installments of interest and principal due and owing to McHenry pursuant to the terms and conditions of the Note ("Event of Default"); (2) the present outstanding principal balance, late charges, and accrued interest due to McHenry as of April 1, 2015 under the Loan is $31,720.70, plus interest in the amount of the amount of $2.84 per day commencing as of May 7, 2015, which sums, together with all other costs, charges, and fees, including attorneys' fees, are herein collectively referred to as the "Loan Debt"; (3) the Loan Debt is justly due, owing, and delinquent and there is no offset, defense, or counterclaim that Borrower has or could sustain in connection therewith; (4) McHenry has demanded that Borrower pay the Loan Debt, but Borrower has failed and refused to do so; WHEREAS, Borrower acknowledges, confirms and agrees that McHenry is within its rights to elect to exercise any one or more of its available rights, remedies and recourses on the basis of the aforementioned Event of Default. Borrower has nonetheless requested that McHenry afford Borrower temporary interim relief and forbearance for purposes of allowing Borrower an opportunity to bring the loans into compliance; and Page 1 of 5 WHEREAS, McHenry is willing to grant Borrower limited standstill and forbearance as requested and to modify the terms of the Loan, subject to and upon all terms, conditions and requirements set forth in this Agreement and Borrower is willing to enter into, perform and abide by all such terms, conditions, requirements and covenants set forth in this Agreement as an inducement and consideration for McHenry's temporary forbearance as herein provided. NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: Article 1 FORBEARANCE 1.1 Acknowledgement of Default and Indebtedness. Borrower hereby acknowledges: (a) that a default has occurred under the Loan Documents which has not been cured within any applicable notice, cure or grace period and are continuing as of the date of this Agreement (the 'Existing Default"). Specifically, Borrower acknowledges that Borrower has failed to make payments of principal and interest when due according to the terms of the Note. Notwithstanding McHenry's willingness to forbear as provided for in Section 1.2, below, it is understood and agreed that McHenry does not hereby waive or release any of the Existing Default or any defaults which have occurred or which may occur in the future under the Loan Documents, nor does McHenry consent to the acts, omissions or conditions which gave rise to any such defaults. (b) that, as of the date of this Agreement, (i) Borrower is indebted to McHenry in the amount of the Loan Debt; (ii) Borrower is indebted to McHenry in respect to attorneys' fees and costs of collection, which are payable to McHenry under the Loan Documents; (iii) all such amounts remain outstanding and unpaid; (iv) all such amounts are due and payable in full, without offset, deduction of counterclaim of any kind or character whatsoever, but are subject to increase, decrease or other adjustment as a result of any and all interest, fees and other charges including, without limitation, attorneys' fees and costs of collection, which are payable to McHenry under the Loan Documents. (c) that the obligations under the Loan Documents, and all other respective liabilities and obligations of Borrower and Guarantors to McHenry under the Loan Documents shall, except as expressly modified herein during the Forbearance Period, remain in full force and effect, and shall not be released, impaired, diminished or in any other way modified or amended as a result of the execution and delivery of this Agreement or by the agreements and undertakings of the parties contained herein. 1.2 Covenants of McHenry. At the request of Borrower, McHenry agrees to forbear from the exercise of its rights and remedies, whether at law, in equity, by agreement or otherwise, available to McHenry as a result of the Existing Default under the Loan Documents, as of the date of this Agreement until the earliest to occur of the following times: (i) the time at which Borrower fails to comply in any respect with his respective covenants to McHenry set forth in Section 1.3; (ii) the occurrence of any Event of Default under any of the Loan Documents (other than the continuation of the Event of Default specified in the recitals to this Agreement, so long as Borrower continues to comply with this Agreement) (the "Forbearance Period"). 1.3 Covenants of Borrower during the Forbearance Period. At all times during the Forbearance Period, and in order to induce McHenry to enter into this Agreement and as a condition to the continuation of the Forbearance Period pursuant to Section 1.2, Borrower covenants and agrees as follows: Page 2 of 5 (a) Borrower shall pay to the City upon execution of this Agreement the sum of $285.87, as interest that had previously accrued. (b) Borrower shall make forty-nine monthly payments of $660.75 commencing May 7, 2015 and on the same day of each month thereafter through and including June 7, 2019, applied pursuant to the amortization schedule attached as Exhibit A. Borrower's final payment will be due on July 7, 2019 and will be for all principal plus all accrued interest and charges not yet paid. (c) Prior to execution, Borrower and Guarantors shall each provide to McHenry (i) certified financial statements; (ii) 2014 tax returns; (iii) current income statement and balance sheet; and (iv) list of equipment and serial numbers contained at Borrower's location. Article 2 NO RELEASE OF BORROWER 2.1 No Release of Borrower. The execution and delivery of this Agreement itself shall not act to release or otherwise discharge Borrower from his respective obligations under the Loan Documents. Article 3 MISCELLANEOUS 3.1 Release. Borrower hereby releases, acquits, and forever discharges McHenry, each and every past and present subsidiary, affiliate, stockholder, office, director, agent, servant, employee, representative, consultant and attorney of McHenry from any and all claims, causes of action, suits, debts, liens, obligations, liabilities, demands, losses, costs and expenses (including attorneys' fees) of any kind, character, or nature whatsoever, known or unknown, fixed or contingent, which Borrower may have or claim to have now or which may hereafter arise out of or be connected with any act of commission or omission of McHenry existing or occurring prior to the date of this Agreement or any instrument executed prior to the date of this Agreement including, without limitation, any claims, liabilities or obligations arising with respect to the indebtedness evidenced by any of the Loan Documents, other than any such claims, liabilities or obligations arising from the gross negligence or intentional conduct of McHenry. The provisions of this Section 3.1 shall be binding upon the Borrower and his heirs, executors, administrators, and shall inure to the benefit of McHenry, and its respective successors and assigns. 3.2 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing and shall be deemed to have been properly given or served by depositing the same in the U.S. Mail, to the party at the address set forth below, postage paid, and registered or certified with return receipt requested or recognized commercial courier which maintains evidence of delivery, and addressed as follows: BORROWER: Utopian Roast LLC d/b/a Hidden Pearl Cafe 1208 North Green Street McHenry, IL 60050 GUARANTORS: Lisa Brand 5218 Malibu Court McHenry, IL 60050 (815) 575-7902 Page 3 of 5 Christine Kernes 406 N. Shepherd Hill Lane McHenry, IL 60050 (815)341-0231 McHENRY: City of McHenry Attention: Director of Finance 333 S. Green Street McHenry, IL 60050 Any party may change the address to which such notices are to be addressed by giving the other party notice in the manner set forth herein. 3.3 Entire Agreement. This Agreement reflects the entire understanding of the parties with respect to the subject matter herein contained and supersedes any prior agreements, whether written or oral, in regard thereto. 3.4 Full Force and Effect. Except as expressly modified herein, all terms of the Loan Documents shall be and shall remain in full force and effect and shall constitute the legal, valid, binding and enforceable obligations of Borrower to McHenry. 3.5 No Waiver. This Agreement is not intended to operate as, and shall not be construed as, a waiver of any Event of Default, whether known to McHenry or unknown, as to which all rights of McHenry shall remain reserved. 3.6 Governing Law. This Agreement shall be governed by, and shall be construed in accordance with, the laws of the State of Illinois and all applicable laws of the United States of America. 3.7 Waiver of Right to Jury Trial. BORROWER WAIVES TRIAL BY JURY. 3.8 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which, taken together, shall constitute but one and the same agreement among the parties. 3.9 Binding Nature. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 3.10 Captions. The captions to the sections and paragraphs of the Agreement are for the convenience of the parties only, and are not a part of this Agreement. 3.11 Time of the Essence. Time is of the essence under this Agreement. 3.12 Joint and Several Obligation. The obligations of Borrower set forth herein are joint and several obligations of Borrower. Page 4 of 5 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals effective as of the date first above written. McHENR:Yt BORROWER: Gity of McHenry Utopian Roast LLC d/b/a Hidden Pearl Cafe By: LISA BRAND Z:\M\McHeoryEityaf\Loan Modification Agreemient;Utopian.Roast.doc Page $ of 5 THIS ASSIGNMENT dated February 27, 2015 BETWEEN: The First National Bank of McHenry (the "Assignor") and City of McHenry (the "Assignee") WHEREAS: A. Utopian Roast, LLC d/b/a Hidden Pearl Cafe (the "Debtor") is indebted to the Assignor the principal sum of $31,434.83 plus interest (the "Debt"); and B. The Debtor originally obtained financing in the amount of $34,000 under the City of McHenry Revolving Business Loan program for the purposes of commencing operation of a new coffee shop in the downtown district of McHenry; and C. First National Bank of McHenry provides loan services for the City of McHenry Revolving Business Loan Program under a Memorandum of Understanding dated October 7, 2013. D. The Debtor has been unable to honor its obligation by making timely payments of principal and interest under the terms of a note and security agreement dated October 13, 2013; NOW THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The Assignor hereby assigns, transfers and sets over unto the Assignee the Debt together with all advantage and benefit to be derived therefrom. 2. As consideration for the assignment, the Assignee has paid to the Assignor the principal sum of $31,434.83 representing the unpaid principal balance due as of February 27, 2015. 3. The Assignor hereby acknowledges, covenants and agrees that the Debt is justly and truly owing by the Debtor to the Assignor. 4. The Assignor covenants and agrees to assign to the Assignee all its right, title and interest of all collateral evidenced by the commercial security agreement and personal guarantees dated October 13, 2013 in respect of the Debt assigned by this Assignment, and the same shall be deemed security granted by the Assignor to the Assignee. 5. The Assignor acknowledges and agrees that all its or his rights in respect of the Debt have been assigned to the Assignee. IN WITNESS WHEREO e parties hereto have executed this Agreement as of the date fi,rst ak�ov� v�i'tte r First National Bank of McHenry, Assignor by: William J. Busse, President City of McHenry, Assignee by: 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 AGENDASUPPLEMENT DATE: June 1, 2015 TO: Mayor and City Council FROM: Derik Morefield, City Administrator RE Request for Class A Liquor License from DKS Investment Group d/b/a UpRooted, 2816 W. Route 120 and Ordinance NIC454104 increasing number of Class A liquor licenses in effect from 23 to 24 ATT: Application Ordinance Daniel K. Smith and Elizabeth DuPlain purchased the property located at 2816 W. Route 120, formally known as Monaco's. The applicants are applying for a Class A liquor license that authorizes the sale of alcoholic liquors for consumption on premises and retail sale of packaged liquors. The new owners intend to open a restaurant/bar and Ms. DuPlain will manage the business. After extensive renovations and repairs are made to the building they anticipate opening for business in 4-6 weeks. Mr. Smith currently holds a Class A liquor license for Town Club located at 1401 N. Riverside Drive. He has owned and operated the business successfully since 1985. He and Ms. DuPlain are conversant with the Illinois Liquor Control regulations. The applicants have met with Mayor Low and fingerprinted by McHenry Police. All required paperwork has been submitted and all fees have been paid. If Council concurs, then it is recommended a motion is made to 11 grant a Class A liquor license to DKS Investment Group, Inc. d/b/a UpRooted located at 2816 W. Route 120 as presented with the condition that all employees involved in the sale and service of alcohol are certified in Beverage Alcohol Sellers and Servers Education and Training; and, 2) approve the attached ordinance increasing the number of Class A liquor licenses from 23 to 14. UPROOTED DANIEL SMITH 2816 ROUTE 120 McHENRY, IL 60050 MCHENRY CITY ADMIINISTRATOR MAY 19, 2015 333 S. GREEN STREET MCHENRY, IL 60050 BUSINESS PLAN: Our plan is to open arestaurant/bar at the address of 2816 Route 120 in the City of McHenry. Our intent for the building is to work with the City of McHenry and the McHenry County Health Department, and bring the building up to code. The building needs many repairs, along with revamping of the kitchen and bar area. We will be starting with the roof area to seal up many leaks. Next on our agenda will be clearing out the entire bar area and starting new. So, our primary goal is to bring it up to the City and Counties standards. After this we would like like to open our doors to the bar, and we are anticipating a four to six week time period. We plan on continuing to work with the with the City and County it open the restaurant. When we are done cleaning and Bing up the kitchen and dinning room area, we would then open our doors for food service. Our menu would consist of steaks, seafood and vegetarian options. We will have a special small menu for children and include gluten free options. Our intent is to have good fresh food at reasonable prices. We in -vision a place where families can come and and enjoy their visit. s License No. Date Issued Date Effective MAY 1 9 2015 CITY OF McHFNRY CITY OF MCHENRY APPLICATION FOR LIQUOR LICENSE UNDER CITY OF MCHENRY LIQUOR CONTROL ORDINANCE FISCAL YEAR 2015/2016 TO BE FILED WITH THE OFFICE OF THE MAYOR ALL LICENSES EXPIRE APRIL 30 FOLLOWING DATE OF ISSUANCE NAME OF BUSINESS, ADDRESS, &TELEPHONE #.: �J�Y ' ���'�� 1. Please indicate form of ownership: CORPORATION PARTNERSHIP IF Cp RPORATION: � � � � U` p f �� ���� r, 2. Cor oration Name: 11, V Ci P�J 1%� �u�''+ Corporate Address: �.. � �� � Ito ��� �; �, Corporate Phone Number: / 3. State of Incorporation: 4. RTNERSHIP: Name: Corporate Addr 5. t 7 E� Corporate Phone Number: State of Incorporation: IF DI�p�VIDUAL/SOLE PROP: Applican 11 Name: Date of Birth: Residence Address: ��� �' Pit il-ES � � . �t,c. lc�ln �� ��'� Fee Received Date Received �J � � 5 Receipt Issued On '� / i �� Check No. Cashier's Chk. Cert. Check Cash NDIVIDUAL/SOLE PROP. Home Phone: � � � � �I + ►; �j � �„ � Business Phone: Citizen of U.S.? ��� � If a naturalized citizen, when and where naturalized? Court in which (or law under which) naturalized: (A) If plicant 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: �� A ✓+ �, � � �� � Vtrn, 1� � �' 0 � � � � �r r�, � �% � �- � � I � a��ir �{ I � � 0 01—d 2012 PAGE TWO 10. If Applicant and Local Manager are not the same, give name, address and telephone number of Local Manager: �J ;�� e��h `..bu�la� rl 77l � f�ur� DAK Dr mc��( 1�05� �/S- Local Manager's: Date of Birth: ® Place of Birth: � t�fl�'k � Citizen of U.S.? 11 Princi al T e of Business: f� � ? <' 12. What is current zoning for this properly? � L,tyf,S � � �j� �� iCc? Type of License Sought: 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. 13 5- 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 instituf ns 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 ver engage in the bu ' ess or sale o alc holic liquor tdret il, list address of all locations (may attach supplemental sheet). 19. Illinois State Liquor License Number: ! � � � Attached copy of tate Liquor License Certificate. 20. Give applicant's Retailer's Occupational tax (ROT) Registration Number: 6 �, 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. 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 f the licens AND attach a copy of the declaration page showing the insured parties and amounts of coverage. ��r� �,���� qq 24. Describe parking facilities available to the business: '�'" � t'� 1 � 25. Are you familiar with all the laws of the Unite��ta,�e� 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` �e�nt�',1�e premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? 27. Will you attempt to prevent row i�i�e�ssrfights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? �yJ 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 IocgJ, rpNanager, or in the case of partnership, any of the partners, ever been convicted of any violation of any law pertaining to alcoholic liquors? 'y � answer is "YES", explain: 30. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation anci�the local manager, or in the case of a partnership, any of the partners, ever been convicted of either a felony or a misdemeanors �j If so, please describe: 31. Is any individual who is directly or indirectly interested in applicant's place ofbusiness, slaw -enforcing official or elected public official (mayor, alderman, and member of any Cify commission, committee or board)? __�_�1 __ If so; please state name and address of such person: 2012 PAGE THREE 32. List your occupation or employment with addresses thereof for the pas 10 years (if p rt ership or cor r on, list sarpe information for each partner and the local manager — (please attach). � � � rp`; � � � f Z� p l � � i ✓�/�� � � � l f �y�,�� �"� �f c''�' �' ���" 33. Have you ever been convicted of a ga ing 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) percen 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 shared 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 conductor excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. 2012 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 PARTNERSHI" (Authorized Ac CORPORATION: � j � (Authorized Agent of the Corporation) ,,,,,, . , � MANAGER: Signature Print Name ���� Title "OFFICIAL SEAL" Marcia M. Geraghty Notary Public, State of Illinois My Commission Expires 08l24/2018 / � GcvvG�-y I� i ature of Local Manager nt Name ���FiCiA�• SEAL" S � M CaAra9htY �}P of Illinois -� ��a12018 • � �� ' �, .�.w Subs�ri�d and sworn to before me this NOTARY PUBLIC ne this NOTARY PUBLIC Subscripbed and sworn to before me this day of r�� � (1 PUBLIC 20 20 20 ! S./ and sworn to before day of , 20 ��. eye.- l� �c- PUBLIC %�- 2012 ORDINANCE NO, MC454104 AN ORDINANCE Increasing number of Class A Liquor Licenses (UpRooted) 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 increasing the number of Class "A" Liquor Licenses from 23 to 24. 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 lst day of June 2015. 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: June 1, 2015 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Variance from the Off -Street Parking and Loading Requirements for McHenry Grounds Shopping Center (1711=1775 N Richmond Road) and a Conditional use permit to allow a tavern (1771 N Richmond Road) NTT: 1. Location Maps 2. Unapproved Planning and Zoning Commission Minutes dated May 13, 2015 3. Parking at McHenry Grounds Shopping Center (2005-2013) 4. Layout and tenant mix at McHenry Grounds Shopping Center 5. Ordinance approving a variance from the off-street parking and loading requirements for McHenry Grounds Shopping Center (1711-1775 N Richmond Road) 6. Ordinance approving a conditional use permit to allow a tavern at 1771 N Richmond Road 7. ORD-01-1055 (Parking Variance Panera) 8. ORD-034143 (Parking Variance Papa Saverio's) ) . ORD-034155 (Parking Screening Strip Variance McHenry Grounds Shopping Center) 10. Application Packet 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 BACKGROUND AND DESCRIPTION OF REQUEST: McHenry Grounds Shopping Center was constructed in 1996 and contains a mixture of retail, restaurant, office and service -oriented uses. The applicant is requesting a conditional use permit to allow a tavern at 1771 N Richmond Road, which is on the north side of the shopping center (see attached unit layout). The applicant is also seeking a variance from the off-street parking and loading requirements for the entire McHenry Grounds Shopping Center to accommodate the tavern use. ANALYSIS: The property is currently zoned C-3 Community Commercial District and is surrounded by commercial and service uses to the north and east, single-family residential to the west and a cemetery to the south. Conditional Use Permit Staff believes the proposed tavern use is an appropriate land use for the subject property. The shopping center contains a mixture of retail (three uses), restaurant (two -one is carryout only), and service -oriented land uses (four total) and the proposed tavern will provide an additional element to complement the existing uses. The applicant, Blackhawk Restaurant Group operates a video gaming cafe similar to Stella's, which is located within McHenry Plaza directly to the east of the subject property. The proposed cafe, Betty's Bistro, offers a limited menu selection, alcoholic beverages and has video gaming devices within its establishments. Blackhawk Restaurant Group operates 51 other locations in Illinois, one of which is located in the City of Woodstock. The establishment in Woodstock is located within a larger shopping center, along with a grocery store and Panera, similar to the location in McHenry. Betty's Bistro's target market is females between the ages of 40-69 and is a direct competitor with Stella's. Staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facties or public safety and health, than would any other permitted use in the C-3 zoning district. As previously stated, McHenry Grounds, similar to ReMax Plaza, McHenry Plaza, Meijer/Home Depot and many other shopping centers has a diverse business mix with varying hours, and the proposed tavern will draw additional traffic to the center benefiting the existing uses but also, at times when other uses are closed, maintain the vitality of the center. Parking Variance McHenry Grounds Shopping Center currently has 117 parking spaces and in accordance with the City's zoning ordinance is classified as a shopping center; therefore the following regulations are applicable: 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 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. In 2001 a parking variance totaling 14 spaces was granted to allow Panera to construct a 4,300 square -foot restaurant at the southern end of the shopping center (ordinance attached). In order to provide additional parking and further reduce the variance requested, the applicant at the time purchased the hair salon to the south which was razed and 27 additional parking spaces were constructed. In 2003 a parking variance of 17 spaces was granted for 1777 N Richmond Road (Papa Saverio's). This ordinance is attached as well, along with an ordinance adopted in 2003 which granted a variance from the parking screening strip requirements for McHenry Grounds Shopping Center. As previously stated the shopping center on the subject property was constructed in 1996, the previous parking variances were granted in 2001 and 2003, and the zoning ordinance at these times required 20 parking spaces/1,000 square feet of net floor area for all restaurant uses. In M06 staff reclassified restaurants in the zoning ordinance into three categories: carryout only, eat in/drive in and eat in/no drive in. In accordance with the parking requirements in the ordinance today, Papa Saverio's would be required to have 10 parking spaces/1,000 square feet of net floor area and Panera 25 parking spaces/1,000 square feet of net floor area; therefore a net gain of five parking spaces would be realized, as Panera would be required an additional five spaces and Papa Saverio's would only be required to have 10 as opposed to 20 parking spaces/1,000 square feet of net floor area if those uses were proposed after 2006. McHenry Grounds is in compliance with the parking requirements in the zoning ordinance due to the two previous variances adopted by the City Council. Betty's Bistro is a tavern which requires 10 parking spaces/1,000 square feet of net floor area; therefore 16 parking spaces are required. 3 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 diverse land use mix within the McHenry Grounds Shopping Center allows for shared parking, meaning parking demand varies by day and time and having a mixture of different uses with varying operational hours and days allows the center to function efficiently even with a shortage of required parking. Panera is located at the southern end of the center therefore it is not likely someone patronizing Panera would utilize parking at the northern end of the center. Papa Saverio's is adjacent to the proposed Betty's Bistro location. Papa Saverio's is a carryout only restaurant; therefore there are delivery vehicles utilized, as well as patrons picking food up and leaving throughout the day and the delivery vehicles also come and go frequently. Included at the end of this supplement are six aerial photographs of McHenry Grounds Shopping Center spanning from 2005-2013. It is clear from these photographs there is sufficient parking at the subject property particularly at the northern end of the center. It should also be noted that Panera's busiest time is during the lunch hour, while Papa Saverio's and Betty's Bistro would have traffic coming and going throughout the day. The subject property is landlocked and cannot expand their parking and since Petco relocated to McHenry Towne Center, there has been a great deal of vacant space within the McHenry Grounds Shopping Center for many years. These circumstances creating the need for the requested variance was not caused by or a direct result of any action taken by the applicant and denial of the requested variance would certainly create an undue hardship/burden on the property owner and applicant, resulting in a vacant 2,100 square -foot unit. The requested variance, if granted, will not alter the local character or adversely impact public, health, safety or welfare. Many people live in close proximity to the center and have the aty to walk to and patronize the proposed uses. Finally, the variance is consistent with the general purpose and intent of the comprehensive plan and zoning ordinance. Staff does not have any concerns with the parking variance. PLANNING AND ZONING COMMISSION: Some concerns were expressed by abutting property owners to the west pertaining to the continuous disrepair of the fence erected on the western property line of McHenry Grounds Shopping Center, as well as problems which have occurred in the past including: noise, smoking and other disruptive behavior from business employees and patrons within the McHenry Grounds Shopping Center. Staff stated the disrepair of the fence and other property maintenance concerns mentioned would be investigated following the Planning and Zoning Commission meeting. 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 Planning and Zoning Commission unanimously recommended approval Conditional Use Permit to allow a tavern (1771 N Richmond Road) and a Variance from the Off - Street Parking and Loading Requirements for McHenry Grounds Shopping Center (1711-1775 N Richmond Road) on the subject property as presented. If the City Council concurs with the Planning and Zoning Commission it is recommended the attached ordinances granting a conditional use permit to allow a tavern and a sixteen (16) space parking variance from the off-street parking and loading requirements be approved. 5 Location Ma IMP 4L McHenry Grounds Sho r :- - /r =i 1 IuaAV to r ' •r \ r 4 F j1 _ ►t : . sit, 'lips! , Z_ �� U4 '' t ' . -- mm; �i McHenry Grounds Shopping Center <. Approximate Location of Betty's BistroArl ,> Approximate Location of Stella's 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� Center Proposed Location of Betty's Bistro 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 Unapproved Meeting Minutes Planning and Zoning Commission- dated May 13, 2015 Public Hearing: File No. Z-860 1771 N. Richmond Rd. and 1711-1787 N. Richmond Rd. Conditional use permit to allow a tavern (1771 N Richmond Road) and a Variance from the Off -Street Parking and Loading Requirements for McHenry Grounds Shopping Center (1711-1775 N Richmond Road) Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z-860 an application for a Conditional Use Permit to allow a tavern (1771 N Richmond Road) and a Variance from the Off -Street Parking and Loading Requirements for McHenry Grounds Shopping Center (1711-1775 N Richmond Road) on the subject property as submitted by Blackhawk Restaurant Group for the subject property. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on April 25, 2015. 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 Mike Thiessen, Partner, Blackhawk Restaurant Group, 3920 Central Ave., Western Springs, IL and David Connor, Chief Executive Officer, Blackhawk Restaurant Group, 2100 Washington St., Naperville, IL, who were sworn in by Chairman Strach. Mr. Thiessen provided a summary of the request before the Commission at this Hearing stating to fulfill his lease in the shopping center they need to obtain a conditional use permit to operate and a variation for the parking. They have done a parking study and found there is only a capacity of 88% of the lot used at any one time Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the applicant is requesting a conditional use permit to allow a tavern at 1771 N Richmond Road, which is on the north side of the shopping center. The applicant is also seeking a variance from the off-street parking and loading requirements for the entire McHenry Grounds Shopping Center to accommodate the tavern use. McHenry Grounds 7 wcaw� o rwc sox IMF, 74 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 Shopping Center was constructed in 1996 and contains a mixture of retail, restaurant, office and service -oriented uses. The property is currently zoned C-3 Community Commercial District and is surrounded by commercial and service uses to the north and east, single-family residential to the west and a cemetery to the south. Staff believes the proposed tavern use is an appropriate land use for the subject property. The shopping center contains a mixture of retail (three uses), restaurant (two -one is carryout only), and service -oriented land uses (four total) and the proposed tavern will provide an additional element to complement the existing uses. The applicant, Blackhawk Restaurant Group operates a video gaming cafe similar to Stella's, which is located within McHenry Plaza directly to the east of the subject property. The proposed cafe, Betty's Bistro, offers a limited menu selection, alcoholic beverages and has video gaming devices within its establishments. Blackhawk Restaurant Group operates 51 other locations in Illinois, one of which is located in the City of Woodstock. The establishment in Woodstock is located within a larger shopping center, along with a grocery store and Panera, similar to the location in McHenry. Betty's Bistro's target market is females between the ages of 40-69 and is a direct competitor with Stella's. Director of Economic Development Martin stated in reviewing the requirements in Table 31 of the zoning ordinance, staff believes the 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-3 zoning district. McHenry Grounds, similar to ReMax Plaza, McHenry Plaza, Meijer/Home Depot and many other shopping centers has a diverse business mix with varying hours, and the proposed tavern will draw additional traffic to the center benefiting the existing uses but also, at times when other uses are closed, maintain the vitality of the center. McHenry Grounds currently has 117 parking spaces and, in accordance with the City's zoning ordinance, is classified as a shopping center; therefore the Parking for Shopping Centers regulations are applicable. In 2001 a parking variance totaling 14 spaces was granted to allow Panera to construct a 4,300 square -foot restaurant at the southern end of the shopping center. In order to provide additional parking and further reduce the variance requested, the applicant at the time purchased the hair salon to the south which was razed and 27 additional parking spaces were constructed. In 2003 a parking variance of 17 spaces was granted for 1777 N Richmond Road E:3 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 (Papa Saverio's). Another ordinance was adopted in 2003 which granted a variance from the parking screening strip requirements for McHenry Grounds Shopping Center. The shopping center on the subject property was constructed in 1996, the previous parking variances were granted in 2001 and 2003, and the zoning ordinance at these times required 20 parking spaces/1,000 square feet of net floor area for all restaurant uses. In 2006 staff reclassified restaurants in the zoning ordinance into three categories: carryout only, eat in/drive in and eat in/no drive in. In accordance with the parking requirements in the ordinance today, Papa Saverio's would be required to have 10 parking spaces/1,000 square feet of net floor area and Panera 25 parking spaces/1,000 square feet of net floor area; therefore a net gain of five parking spaces would be realized, as Panera would be required an additional five spaces and Papa Saverio's would only be required to have 10 as opposed to 20 parking spaces/1,000 square feet of net floor area if those uses were proposed after 2006. Director of Economic Development Martin stated McHenry Grounds is in compliance with the parking requirements in the zoning ordinance due to the two previous variances adopted by the City Council. Betty's Bistro is a tavern which requires 10 parking spaces/1,000 square feet of net floor area; therefore 16 parking spaces are required. Panera is located at the southern end of the center therefore it is not likely someone patronizing Panera would utilize parking at the northern end of the center. Papa Saverio's is adjacent to the proposed Betty's Bistro location. Papa Saverio's is a carryout only restaurant; therefore there are delivery vehicles utilized, as well as patrons picking food up and leaving throughout the day and the delivery vehicles also come and go frequently. Six aerial photographs of McHenry Grounds Shopping Center spanning from 2005-2013 were presented clearly showing there is sufficient parking at the subject property particularly at the northern end of the center. It should also be noted that Panera's busiest time is during the lunch hour, while Papa Saverio's and Betty's Bistro would have traffic coming and going throughout the day. Table 32 in the zoning ordinance includes approval criteria for variances. The subject property is landlocked and cannot expand their parking and since Petco relocated to McHenry Towne Center, there has been a great deal of vacant space within the McHenry Grounds Shopping Center which has not been filled in many years. None of the circumstances creating the need for the requested variance was caused by or a direct result of any action taken by the applicant and denial of the requested variance would certainly create an undue hardship/burden on the property owner and applicant, resulting in a vacant 2,100 square -foot unit. The requested variance, if granted, will not alter the local character or adversely impact 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 publicI health, safety or welfare. Many people live in close proximity to the center and have the ability to walk to and patronize the proposed uses. Finally, the variance is consistent with the general purpose and intent of the comprehensive plan and zoning ordinance. Staff does not have any concerns with the parking variance. Director of Economic Development Martin clarified that both the conditional use permit and parking variance can be considered contemporaneously because a parking variance is required in order for the proposed tavern to be able to locate within the shopping center. Staff is recommending approval of a conditional use permit to allow a tavern at 1771 N Richmond Road and approval of a parking variance of 16 spaces for McHenry Grounds Shopping Center to accommodate the proposed tavern at 1771 N Richmond road; Staff finds all requirements in Tables 31 (Approval Criteria for Conditional Use Permits) and 32 (Approval Criteria for Variances) of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. In response to a question posed by Commissioner Thacker regarding where deliveries to the Bistro will be made, Mr. Connor stated deliveries are made in the rear of the building. Commissioner Nadeau inquired what the capacity of the space is and how many people they expect to use their establishment at any one time. Mr. Thiessen stated there is seating for 12 and the maximum at one time might generally be from 8.10. Commissioner Strach asked what the typical hours of operation will be. Mr. Thiessen stated they will start with S0111-10pm and see what the market seems to require. They will honor the liquor license regulations regarding hours of operation. In response to an inquiry from Direction of Economic Development Martin regarding peak hours of operation, Mr. Thiessen responded typically the peak times are Noon to 4 p.m., p.m., and 8 p.m. -Midnight. Commissioner Thacker asked how many employees would be staffed during open hours. Mr. Connor replied there would be two employees. Chairman Strach opened the floor to questions and comments from the audience. Cindy Dunkin, 3610 W. Drake Ct., McHenry, II was sworn in by Chairman Strach prior to addressing the Commission As. Dunkin stated she lives on the other side of the fence behind the access alley in the rear of the shopping center. She and her husband have a major concern with noise from deliveries, 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 especially with the fence being in a constant state of disrepair. She stated she has been told in the last year that the fence would be fixed, however only temporary repairs have been made so far. Another concern stated was in the past employees of the strip mall have been seen throwing food and cigarette butts out toward the fence and there have been issues which make them concerned for the safety of their dogs. They have had many issues with neighbors and issues with transients in the area of the fence separating their home from the strip mall and are concerned a tavern will create a more unsafe atmosphere. Director of Economic Development Martin stated staff will certainly look into the fence issue and address that as a property maintenance issue although it is the responsibility of the shopping center owners, not the applicant to address this issue. Mr. Thiessen commented to Ms. Dunkin that they will be happy to talk to the landlord about addressing issues such as the fence and poor behavior of employees and it would be helpful if they have taken pictures to support the claims. He and Mr. Connor stated they would address the issues with their own employees as well, as they wish to be good neighbors. Commissioner Thacker inquired if the establishment will be open 7 days a week. Mr. Connor stated that will depend on liquor license requirements, which would be honored. They will be serving just beer and wine. Chairman Strach closed the public comment portion of the hearing at 7:50 p.m. Motion by Nadeau, seconded by Bromley, to recommend to the City Council with regard to File No. Z-860, an application for a Conditional use Permit to allow a tavern (1771 N Richmond Road) and a Variance from the Off -Street Parking and Loading Requirements for McHenry Grounds Shopping Center (1711-1775 N Richmond Road) on the subject property as presented by applicant Blackhawk Restaurant Group be granted, and that Tables 31 and 32, of the Zoning Ordinance, have been met. Voting Aye: Bromley, Doherty, Vallez, Nadeau,, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the Public Hearing regarding File No. Z-860 at 7:52 p.m. 11 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 600SO Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Parking at McHenry Grounds Shopping Center (2005AM I 2013 ---"_ `�` A roximate Location of Bett 's Bistro Location of Panera 12 2010 2009 2005 MMENRY CsROUNDS SWC RT 31 & MCCULLOM LAKE RD 1711 - 1775 RICHMOND RD McHENRY, IL 60050 ```0��, M� tF N 110 Bettyt i 4i MrNeory �� � � it Uemers � O g4 � a -- — Z 0 _ rd — s w I M S F 0 Nehse's C�ompw 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 1787 AtMetico 2,700 1777 Papa Saverio's Pizza 1 r630 1771 Be 's Bistro 2r100 1767 Cleaners 1r500 1763 Slee s 3,OD0 1759 S Ivan Leant 2,350 1755 TWobile 1,330 1733 AVAILABLE 71075 1721 Hair Cutts 1,363 1711-A Nature's Comuco is 1,826 1711-B Panera Bread 4,300 Retail �4/7. N On ,t r rs2014 CBRE, Inc. Tnis information has been obtained from sources believed reliable. 1^!e have not verified it and make no guarantee, warranty or repra-entotian about it. Any projections, opinions, assumptions or estimates used art for eeample onhy and do not represent the current or future performance of thz proozdy. You and your advisors should conduct a careful, independent invesNgotion of the propertyio detemine to yoursatisfacfion the suitability of the propzrty for your needs. AR marks displayed on this document are the properly of ihzir respective owners. 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 15- AN ORDINANCE GRANTING A VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS FOR THE PROPERTY LOCATED AT 1711=1775 NORTH RICHMOND ROAD (MCHENRY GROUNDS 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 A 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 Blackhawk Restaurant Group LLC, 17W635 Butterfield Road, Suite 120, Oakbrook Terrace, IL 60181 ("Applicant") requesting a Variance from the Off -Street Parking and Loading Requirements 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 May 13, 2015 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 Athe 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 of sixteen (16) parking spaces from the requirements set forth for taverns in the Off -Street Parking and Loading requirements in the zoning ordinance. 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 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, 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 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 all 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. 15 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 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 . 2015 AYES: NAYS: ABSTAINED: ABSENT: ►��y1�1� I]�fl i►[eA APPROVED THIS DAY OF . 2015 CITY CLERK 16 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 Exhibit A Legal Description of the Subject Property 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 ORDINANCE NO 15- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A TAVERN FOR THE PROPERTY LOCATED AT 1771 NORTH 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 Blackhawk Restaurant Group LLC, 17W635 Butterfield .Road, Suite 120, Oakbrook Terrace, IL 60181 ("Applicant") requesting a Conditional Use Permit for a tavern 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 May 13, 2015 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 Athe 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 is hereby granted a Conditional Use Permit to allow a tavern. SECTION 2: In granting said Conditional Use Permit the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. RV 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 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 THIS DAY OF , 2015 DAY OF MAYOR 2015 � FJ 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 ORDINANCE NO. UKU-UI-1055 AN ORDINANCE GRANTING A PARKING VARIANCE AT THE t1ACHENRY GROUNDS SHOPPING CENTER AND THE PROPERTY TO THE SOUTH, 1711 AND 1701 N. RICHMOND RD, IN MCHENRY COUNTY, ILLINOIS WHEREAS, a .petition has been filed with the City by Gus Demas Building Corporation requesting a variance from the parking requirements to permit a reduction of fourteen (14) parking spaces at the McHenry Ground Shopping Center and the lot to the south, specifically, 1711 N. Richmond Road and 1701 N. Richmond Road; and i�11HER1(=AS, a public hearing on said .petition was held before the Zoning Soard of Appeals on November 8, 2001, in the manner prescribed kay ordinance and statute, and as a result of said hearing, the Zoning Board of Appeals did recommend to the City Council the granting of the requested variance; and VIIHEREP►S, the City Council has considered the evidence and recommendation from the Zoning Board of An 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, THEREF©R1~, 131= rT ©R1JAINED >3Y THE CITY COUNCIL DF THE CITY Jr IUICHENRY, MCHENRY Iso9UNTY, 1LLlNOIS, AS F9L6WVV0.' St_CTI�N 1: That the properties commonly known as 1701 and 1711 N. Ric�'rn;ond Road{ and legally described on at`t�m4'sed Exhibit "A", are hereby granted a variance to Table 13 of the Zoning Ordinance to allow a reduction in the number of parking spaces required for a restaurant in the McHenry Commons .Shopping Center, subject to the following conditions: 1% Access _point onto Illinois Route 31 from the existing hair salon .property to the south, at 1701 N. Richmond Road, shell be fully restor4d with sod Qr seen upon closure. 2) Applicant shall work with the City in completing the Illinois Route 311McCuilom Lake Road improvements. Applicant shall dedicate the necessary amount of rigWof4ay required in order to complete the improvements in accordance with the recommendations of the City Engineer and the Illinois Department of Transportation, 3j Landscaping of the properties at 1701 and 1711 N. Richmond Road shall be in svbstantial conformance with the !andsrape plan datwd December 3, 2001, a copy of which is kept on file with the City. 1 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. 9. Special circumstances exist that are peculiar to the properfy 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 mare it reasonably practical to provide a general regulation to cover them. 2. The sp€0al oi�utt�tar tefetten�d hei`eir� isolate only to the physical character of the land or building(s) for which the variance is sought, such as T. 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 ether party with interest in the property. $. The shirt applioation of the pitvisiorrs of the Zoning Ordirranc* would itsult in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. A. Vari�riekdt i9 ftL&�Algitiftr'y fgr the av%plie;tArst to ti�rrj& and enje'; a aubMantial property right possessed by other properties in the same zoning district and does not wafer a special privilege ordinarily denied to ottref p opeities in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's .economic return, although it txtay have thisftect, but bemuse 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 after the essential character of the locality nor substantially impair environmental gvWlty, property values, or public safety or welfare in the vicinity. S. The granting of a Variance wilt be in hatmony with the general purpose rarW intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as vived in light of any changed conditions since their adoption. ;]'. Tho Varianm requested is this minirnum required to provider toe. applica if0h reasonable use and enjoyment of the property. 2 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 pU 140hed 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 farce and effect from and after its passage, approval, .and publication in pamphlet form as provided by law. AYES: NAYS: ASSENT: NOT VOTING: ATTEST: BOLDER, GLAB, LOW, MURGATROYD, WIMMER NONE NONE NONE 3 .,. _ �� � - tea✓' le EXHIBIT A PARCEL 1 1► tract of land in the Eost Half of the Northwest Quarter of Sectwn 260 Town hip 45 North, Range 8, Eost of the Third Principol Meridian, described as follows; Commencing at a point on the wort 11hhe of State Highway No. 31, being 904.68 feet North of the -youth line of said Northwest Quarter, said point of beginning being the Northeast comer of a piece of land deeded by Jacob Freund and Rosa Freund, his wife, to Annie Justen by Warrant Deed recorded in Book 239 of Deeds, page 636 thence West blong the north line of said land so deeded, 165 feat to the Northwest corner of said fond so deeded; thence North at right angles, 380 feet to on Iron stake; thence East at right angles, 165 foot to an iron stake on the west line of State Highway 31, thence South along the west line of sold State Highway, 380 foot to the place of beginning, in McHenry County, Illinois. - PARCEL 2 A tract of fond in the East Haif of the Northwest Quarter of Section 26, 7own$hip 45 North, Range 8, East of the Third Principal Meridian, described os follows. Commencing at a point on the westerly line of State Route No. 31, formerly U.S. Route 12. being 264 feet North of the Northeast corner of St. Marys Catholic Eetnetery, for a place of beginning; thence West at right angles with the said highway, a distance of 165 foot along the nbrtherty line of the piece of property heretofore conveyed by Jacob Freund and Rosa Freund, his wife, to Paul Gorosc; thence North at right angles, a distance of 132 feet; thence East at right angles, a distance of 165 feet to the westerly line of the said highway, thence Southerly along ft the wasted line of Bald highway, to the place of beginning, in McHenry County. Illinois. PARCEL 3 That port of the East Hoif of the Northwest Quarter of Section 26, Township 4j5 North, Range 8. East of the Third Principal Meridian. described as follows: 13oginning of a point on the worst line of Mcnenry Ringwood Road, known os McHenry Highway Route 31, and at the Northeast corner of a parcel of land deeded by L3ocob Freund and Rosa Freund,' his wife, to Annie Justen on June 26, 1928 in Book 189 of Deeds on page 215; thence North along the westerly line of said Highway, 132 feet; thence Westody parallel with the northerly tine of said lot above mentioned, 165 feet to a stake; thence South paroliol with the westerly line of Bald Highway, 132 feet to the Northwest corney of a parcel of land mentioned as aforesaid to A. Justen; thence Easterly along the northerly line of said parcel of land, 165 feet to the place of beginning, in McHenry County, Illinois. � PTECE OR. PARCET� OF T,AND IN THE EAST HALF OF THE NORTHWEST QUARTER OF 3ECTI0N 26, TOWNSiiZP 45 NORTH, RANGE EAST OF THE TTIRD PRINCIPAL S : BEGINNING AT A POINT ON THE WESTERLY LXXE 4ERXl7IAN DESCRIBED A8 FOLLOW 3F THE MCHENRY-RINGWOOD ROAD (ROUTE 31) , WHERE THE NORTHEAST CORNER OF PHE C.�THOLIC CEMETERY KNOWN AS ST . MARY' S INTERSECTS THE SOU HERLY LINE 3F SAID HIGHWAY; THENCE NORTHERLY ALONG THE WESTERLY LINE- OV SAID iSGHWAY, 8 RODS; THENCE WESTERLY PARALLEL WITH TIME NORTH LIN$ OF SAID :EMETERY, 10 R0b5; THENCE SOUTH AT RIGHT ANGLES TO THE NORTH LxNE 01~ SAID CEMETERY ABOVE DESCRIBED; THENCE RASTERLY ALONG THE NORTHERLY LINE OF SAID CEMETERY GROUNDS, 10 RODS TO THE PILACE OF BEGINNING (EXCEPT THE 4EST 70 FEET THEREOF) , ON MCHENRY COUNTY, ` ILLINOIS . o9-zs-� oo.oa� 093 2ir100-008 09-26;1001011 ORDINANCE NO, UKU-UJ-1143 AN ORDINANCE GRANTING A PARKING VARIANCE FOR PAPA SAVERIO'S PIZZERIA AT THE MCHENRY GROUNDS SHOPPING CENTER, 1777 N. RICHMOND ROAD, IN MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Todd Scott requesting a Variance from the parking requirements to permit a reduction of seventeen (17) parking spaces at the McHenry Ground Shopping Center, legally described on Exhibit "A", attached hereto and incorporated herein, the "SUBJECT PROPERTY", said Variance specifical{y for Papa Saverios Pizzeria, the "ESTABLISHMENT", 1777 N. Richmond Road located at the "SUBJECT PROPERTY"; and _ WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission. on March 20, 2003, 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 recommendation 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 to Table 13 of the Zoning Ordinance #o allow a reduction in the number of parking spaces required for the ESTABLIHMENT in the McHenry Commons Shopping Center, subject to the following conditions: I There shall be no se ting for patrons to dine inside the ESTABLISHMENT at the SUBEECT PRC RTYa 2) The delivery drivers for the ESTABLISHMENT shall not access the alley in the rear of the SUBJECT PROPERTY at any time for the pick-up/delivery of goods sold at said ESTABLISHMENT. 3) The parking at the SUBJECT PROPERTY shall be monitored for a period of six (6) months from the date of passage of this Ordinance. From the end of this six (6) month time period thru the life of the ESTABISHMENT if Staff determines that parking at the SUBJECT PROPERTY should be reevaluated, the property owner of the SUBJECT PROPERTY, their successors or assigns, the "OWNER", shall install "Parking for delivery drivers only" signs or the like. The location of said signs shall be determined by the CITY in conjunction with the OWNER. 1 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 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.. 6. 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. 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. 2 SECTION 4: This Ordinance shall the authority of the corporate authorities Illinois. be published in pamphlet form by and under of the City of McHenry, McHenry County, 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 6+ 01 MAY DAY OF , 2003 NAYS: NON E ABSTAINED: NOhlE ABSENT: r�aNe NOT VOTING: NONE APPROVED THIS 5TH DAY OF MAY , 2003 ATTEST: 3 EXHIBIT A PARC>=1. 1 A tract of lend in the East Haif of the Northwest Quarter of Section 26. town ip 45 North, Range 8, Eost of the Third Principal Merldion, deBcribmed as followa: Commencing at a point on the west lie of State Highway No. 31, being 904.68 feet North of the south line of sold Northwest Quarter, sold point of beginning beinc the Northeast comer of a piece of land deeded by Jacob Freund and Rosa Frouhd, his wife, to Annie Justen by Warrant Deed recorded in Book 239 of Deeds, page 636; thence West along the north line of Bald land so deeded, 165 feet to the Northwest corner of said land so deeded; thence North at right angles, 380 feet to on iron stoke; thence East at right angles, 65 feet to an iron stake on the west line of State Highway 31; thence South along the west line of said State Highway, 38 fact to the place of beginning, in McHenry County, Illinois, PARCEL 2 A tract of land &t the East Hall of the Northwest Quarter of Section 26, Towr Principal Meridian, descrbed as fbilowx Commencing at a point on the weste Route 12. being 264 feet North of the Northeast corner of St. Moris Catholic West at right angles with the said highway, a distance of 165 feet along the i heretofore conveyed by Jacob Freund and Rosa Freund, his wife, to Poul 6eroe 132 foot; thence East at right angles, a distance of 165 feet to the westerly the westerly line of said highway, to the place of beginning. in McHenry Count; PARCEL 3 That part of the East Natf of the Northwest Quarter of Section 26, Township 1►feridlan, described as follows; 8oginning at a point on the west line, of �tcHe Highway Route 31, and at fhe Northeast comer of a parcel of land *deeded by Annie Justen on June 26, 1928 in Book 189 of Deeds on page 215; thence Nc 132 feet; thence Westerly parallel with the northerly line of said Lot above me parallel with the westerly line of said Highway, 132 feet to the Northwest corn to A. Justen; thence Easterly along the northerly line of said parcel of land, 1 County, Illinois. ctp 45 North. Range 8. East of the Third line of State Route No.- 31, formedytl.S. emetery, for a place of beginning, thence rtherly lino of the piece of property thence North at right angles, a distance of e of the said highway. thence Southerly along Illinois. i North, Range 8, East of the Third Principal ry Ringwood Road. known as A[cHenry Jacob Freund and Rosa Freund, his wife, to th along the westerly line of said Highway, tianed, 165 feet to a stake, thence South of a parcel of land mentioned as aforesaid 5 feet to the place of beginning, in McHenry ' r A PTBCE Op, PARCEL OF LAND IN THE EAST H&uv- OF THE NOR'1 HWEST QUAtZTER OF SECTION 26, TOWNSHIP 4S NORTH, 1;Z.ANGE ,6 PAST. OF THE THIRD PRINCIPAL MERXDIAN DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE WESTR):tLY LXNE OF THE MCHENRY—RINGWOOD ROAD (ROTITE 31) , WHERE THE NORTHEAST CORNER OF THE CATHOTjIC CEMETERY KNOWN AS ST. MARY` S INTERSECTS THE SOtlTHERLY LINE OF SAID HIGHWAX; THENCR NORTHERLY ALONG 'PH-S WESTERLY LINE OF SAID HIGHWAY, 8 RODS; THENCE WESTERLY PARALLEL WITH THE NORTH LINE QF SAID CEMETERY, 10 RODS; THENCE SOUTH AT MIGHT ANGLES TO THE NORTH LINE Off' SAID CEMETERY ABOVE DESCRIBED; THENCE V;A.Sr tERXIY ALONG THE NORTHERLY LINE OF SAID CEMETERY GROU=S, 10 RODS TO THE PLACE OF BEGINNING (EXCEPT THE WEST 70 FE.ET THEREOF) , ON MCHENRY COMY, 4 iLLINOTS. Pthi: 09-�5-1 t1t�-t706 09�26-109-0tJ7 09-2l5=100=01'� ORDINANCE NO, UKU-Ua-ii55 AN ORDINANCE GRANTING A VARIANCE OF THE REQUIRED FIVE-FOOT PARKING SCREENING STRiP FOR THE MCHENRY GROUNDS SHOPPING CENTER, 1701.1787 N. RICHMOND ROAD, IN MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed by the Gity and Gus Demas Building Corporation requesting a Variance to reduce the required five foot parking screening strip to three and one- half feet for the McHenry Ground Shopping Center, legally described on Exhibit "A", attached hereto and incorporated herein, the "SUBJECT PROPERTY", and WHEREAS, a public hearing on said petition was heid before the Planning and Zoning Commission on June 26, 2003, 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 grid recommendation 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 to Table 15 of the Zoning Ordinance to allow a reduction in the required parking screening strip from five feet to three and one-half feet at the McHenry Commons Shopping Center. SECTfON_2:_ In granting said Variance, the City Council finds that the requiremen#s of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist chat are peculiar to the property for which thin - 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 properly 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. 1 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 wil! 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 steal! be in full force and effect from and after i#s passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF AYES: ABSTAINED; ,NONE ABSENT: NONE NOT VOTING; ONE APPROVED THIS �� DAY OF MAYOR ATTEST: 2003 CONDON EXHIBIT A ARCEL 1 tract of fond in the East Half of the Northwest Quarter of $eetJOn 26, Town hip 4rJ NOrth, Range 8, Eost o! the Third rincipof Meridian, descriib•ed as follows: Commencing at a point on the west lie of State Highway No. 31, being 904.68 feet 'orth of the'stwth line of sold Northwest Worter, said point of beginning beln§ the Northeast comer of a piece of land cA ceded by Jacob Freund and Rosa Freund, his wife, to nnle Justen by Warranty Deed recorded in Book 239 of Deeds, page 35; thence West &long the north Una of said land so doadod, 165 feel to the. Vorthwest corner of said land so deeded; thence orth at right angles, 380 feet to on iron stake; thence East at right angles, 165 tact to an iron stake on the west line of tate Highway 31; thence South along the west line of said State Highway, 3801 feat to the place of beginning, in WcHenry ounty, 11linois. - 'ARCEL 2 tract of fond in the East Hoff of the Northwest Quarter of Section 26, Township 45 North, flange 8. East o! the third 'rinelpol Meridian, described as follows: Commencing at a point on the we3t4 line of State Route No. 31, formerly U.S. cute 12, being 264 feet North of the Northeast corner .of St. tforys Cothollc Cemetery, for a place of beginning; thence test at right angles with the sold highway, a distance of 165 foot along the nbrthcdy line of the piece of property eretofore conveyed by Jacob Freund and Rosa Freund, his wife, to Paul GeroscP; thence North aturight angles, a distance of 32 feet; thence Eoat at right angles, a distance of 165 feet to the westerly line of the acid highway, thence Southerly along is westerly line of sold highway, to the place of beginning, in McHenry County, tllinoia. ',�RCEL 3 filet port of the East Half of the Northwest Quarter ai Section. 26, Township 4�5 North, Range 8, East of the Third Principal deridlon, described as follows: Beginning at a point on the west line of mcnenry Ringwood Road, known as ticHcnry , 9fghway Route 31, and at the Northeast corner of a parcel of -land deeded by 4ocob Freund end Rosa Freund, his wife, to knnie Justen on June 26, 1928 in Book 189 of Deeds on page 215, thence North along the westerly line of, said Highway, 132 feet; thence Westerly porallal with the northerly line of said Lot obove mentioned, 165 feet to,o stake; thence South mrallel with the westerly line of daid Highway, 132 feet to the Northwest comer of a porcel of land mentioned as aforesaid :o A. Justen; thence Easterly along the northerly line of said parcel of fond, 1f5 feet to the place of beginning, in McHenry :aunty, (ltinowe of FTECE Old PARCEL OF 7�AND I?�T T!�'E EAST 13AL3� OF THE NORfiRWEST QUAt2TER OF ECTION 2 6 , TOWNSHIP 4; NORTH, RANGE f� EAST OF T�iE THIRD PRINCIPAL ERXigIAN DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE WESTERLY LINE F THE MCHENRY-RINGWOOD ROAD (ROU'TE 31) , WHERE THE NORTHEAST CORNER OF HE CATHOLIC CEMETERY KNOWN AS ST. MARY' S INTERSECTS THE SOC7THERT,Y LINE F SAID HIGHWAY, THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID 'XGHWAY, 8 RODS; THENCE WESTERLY k�ARALLEL WITH THE WORTH LINE; O,F SAID 'EMETERY, 10 RODS; THENCE SOUTH AT RIGHT ANGLES TO THE NORTH LZNE or ;AZT CEMETE'�X ABOVE DESCRIBED; ASTER THENCE EASTERLY ALONG THE NORTHERLY LINE )F SAID CEMETERY GROUNDS, 10 RODS TO THE PLACE OF BEGINNING (EXCEPT THE LEST 70 FEET THEREOF) , ON MCiMNRY COUNTY, ILLINOYS . pl�i: O�-2s-1(�o-loos 0S-26:1IbOmOI I 3 31ackhawk Blackhawk Restaurant Group is seeking a Conditional Use Permit and parking variance to operate our caf6 at 1771 North Richmond Avenue. This multi -tenant retail center has several vacancies and our occupancy will aid the property owner in paying the appropriate taxes and continuing to upgrade and maintain the property. Blackhawk currently has 51 similar location oliened in Illinois. Each location is a market leader and are viewed as "value added" tenants bringing in new and incremental traffic and shoppers to their respective locations. This bodes well for property owners, fellow tenants and the municipalities where we locate through additional tax and fee revenue. Blac"awk goes to great lengths during the design process to a sure our locations "exceed expectations" on three fronts: aesthetics and design, operational efficiency and guest comfort. Our look and feel is designed to appeal to a "higher-e d" demographic — from outsid te location, and within our walls. Our color palette tat. es into account everything from paint to floor coverings and highlights a warm and welco ing atmosphere. The artwork is tasteful and appropriate, similar to what one might find in a high -end hotel. Typical build out cost for our units range between $150,000 and $200,000. Conditional Use Permit -The uutial request is for a Conditional Use Permit for a Tavern licenses at 1771 North Richmond. Our business plans is to be open 7 days a week and we pIan to sell food during all hours of operations. Our business model is based on a casual dining experience with a customer focus of adults looking for a place of refuge and rest from their daily life. These request for a Conditional Use Permit is due to the hybrid nature of our business between a traonal sit down restaurant and a tavern. We offer food, beer and wine as well as entertainment via video gaming termials. The following table represents the actual food vs liquor sold at the noted units. Location Food Sales Liquor Sales Antioch 34% 66% Morton -Dempster 20% 80% Prospect Heights 28% 72% Woodstock 23% 77% Hoffman- Golf 20% 80% Hoffman -Algonquin 36% 64% Sycamore 35% 65% South Beloit 32% 68% Addison 24% 76% South Elgin 36% 64% Bartlett 31 % 69% Hanover Park 23% 77% Parking Variance -The need for the parking variance again stems from the hybrid nature of our business. The applicant will provide McHenry a series of parking statistics showing the availability of parking spaces at various times and on various days showing the proposed variance with little to no impact on traffic or parking. We are requesting a variance of 16 spaces, if the Conditional Use Permit is approved. The variance request was detel'mined by the following: 2,100 sq ft in subject property Less 472.69 sq ft for reduction batln•ooms and storage as allowed by City of McHenry Code 1,627.31 sq ft subject to parking requirements 10 spaces per 1,000 sq ft as per City of McHem•y code 16 space variance. The applicant believes the addition of our business will be the first in series of new tenants. Our typical costumer is a female between the ages of 40 and 69, either employed or retired. We believe this costumer base will spur new tenants into this property. Additionally, our business is equally spread through the day so the concerns regarding the ebbs and flows of parking and traffic are eliminated. Blackhawk Restaurant Group respectively asks the City of McHenry to grant our request for a Conditional Use Permit and parking variance so we can finalize needed permits and approvals, commence construction, open for business and become a good corporate citizen. I PUBLIC HEARING APPLICATION 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: Blackhawk Restaurant Group LLC Tel 630-656-5747— 2 3. Address 17W635 Butterfield Rd Suite 120 City_ Oakbrook. Terrace State_ IL,_ Name of Property Owner SFP McHenry Grounds LLC Ad(If other than Applicant) dress 3190 Doolittle Drive City Northbrook Name of Engineer (If represented) Address City 4. Name of Attorney (If represented) Address 5. Common Address or Location of Property 6. Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) X Conditional Use Permit X Zoning Variance Other Fax 630-656-5748 Zip_60181 Tel Fax State_ ll Zip_60062 State Zip Tel Fax Tel Fax 1771 North Richmond Road McHenry, IL, 60050 Zoning Variance —Minor �` _.Zoning Text Amendment Use Variance 'Definition of Minor 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. FORMA Page 1 of 3 7. Current Use of Property Multi -Unit Retail Center 8. Current Zoning Classification of Property, Including Variances or Conditional Uses Zoned C-3 with variance): ORD — 03-1143 ORD — 03-1155 and ORD — O1 -0155 9. Current Zoning Classification. and Land Use of Adjoining Properties North: Retail/ Commercial South: Cemetery — Tax Exempt East: Retail/Commercial West: Residential —Improved Lots 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) $ 950.00 X Z. Narrative Description of Request X 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application X 5. FORM C — Conditional Use Application X 6. FORM D — Zoning Variance Application 7. FORM E — Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties X 11. Public Hearing Notice X 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORM A Owner in the Form of an Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. AV11 Carlt 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 firll name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership � If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and. Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant s) Print Name and Designation. of Applicants) Mike Thiessen Tenant FORMA Page 3 of 3 FORM C File Number CONDITIONAL USE PERIVIIT Planning and Zoning Commission City of McHenry 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. No additional traffic will result in variance. If variance granted, actual use will be 50% of granted variance based on other locations owned by the applicant. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. No, use similar and consisten with existing retail tenants 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. No, use similar and consistent with existing retail tenants 4. Public Services and Facilities FORM C Page 1 of 2 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. No, use similar and consistent with existing retail tenants Similar use approved across the street with no impact 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. Limited impact on traffic and parking and tenant use has already approved in McHem�previouslx FORM C Page 2 of 2 FORM D File Number ZONING VARIANCE Planning and Zoning Commission Cityof McHenry 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 32 of the City of McHenry Zoning I 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. 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 br recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. Subject tenant is hybrid between restaurant and. tavern. Actual use and parking requirements are materially 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. No, change to surrounding area in either short or long term. No physical changes planned for property or surrounding area. FORM D Page 1 of 3 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 patty with interest in the property, Request made due to hybrid nature of business between a restaurant and tavern 4. Unnecessar ] ardshi The strict application lof the provisions of the Zoning Ordinance would result ir� unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. Without variance tenant will be unable to fitlfill lease obligations and will leave space vacant, unimproved A variance is necessary for the applicant to preserve and enjoy a substantial property tight possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. Without variance property owner will suffer continued vacancy in property and. economic pressure to meet financial obligations including taxes at all levels 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 variance, tenant. will be unable to operate business and fulfill contractual obligation of lease. FORM D Page 2 of 3 7. Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. No, similar use has previously been approved in the City of McHenry. $. 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. Yes, the applicant is a retail tenant whose similar use has already been approved by the City of McHemy. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. Yes, actual projected parking use is only 50% of required variance to be granted. FORM D Page 3 of 3 City of McHenry, Please accept this letter as our full endorsement and approval of the requested Conditional Use Permit and Parking Variance for the property located at 1771 North Richmond Road. The subject property is approximately 29,000 square feet and this tenant will occupy approximately 2,100. re believe the addition of Blackhawk Restaurant Group t our tenant mix will enhance the operty and McHenry as'a whole. Thank you and please contact me if you have any questions. Si Michael Schwartz SFP McHenry Grounds Frob OF OFF I 32 ' t s t • 33 j I I •� a r. w owo" M t a]a lk or WRM t N 8905B'270 E 157.54 PLUE y !u�aitt, ' zso' j•i" "•'' •4"�� DEED? 9 'OD' Be L PER C-3 ZONING DISIRI t . w old,�. %AQC10r rMaM0 ARVA b"I I I I w,,fli at Mtn 34 �j t• I mum did b t MEiE» R • J0.o' t 1 r„ �- �7 PUBUC YMY Maw - - _ t t - PARCEL 2 .AKE _ ESTATES UNIT 1fix so � T 'OC: 0. 798135 48 I W �taR � t tl o t3 t t .4 a 4aa 49 j o m 3 xumx wr o N I 60 M M t z.5' ExcPn6 $3 ITT o m t IF 64 1Y./1(I' 2� &Qli m ti• ( q� 1 r •• Ba.S� t0 i`+ t aF too VL w Of piClplp Dip. SOLD as •.` FROM t t % "Ibbobbi, t t t 'o It i.o .. U 1Flit OF IF V t>bb �d tOF p �rFIT 51 kFIT I t PARCEL ti 3 PART OF BK 239 PG 636 j ,v eueuc unm nsoml, �oY . s —It It, /Ll - = saw 0I tab; +64.t US Or OK Ma PAM 4 t t� 35 ai 1 1 1 1 r.._I wwec lobboo is ruauc unm usor n ' ESTATES UNIT 1 i i �O. 798135 i 46 6* 1 S9 F'. b � 1 r-'tB WWtic ottlTr [A471Fi1t 1 ^ FIkIND IRDN BAR-- 0.1� S OF IlNE / 65 xo ntcutlC �. PARCEL ` .: i ' .. � NAImICAp+iL z � VJ . � b ��xce� $ ' � • , cgiaf�c ' � eono' +o•s• 1 x V y PARCEL. PART OF'BK 23� n .�s r t rY�ii�:�r tlt'* PART OF BUUK ALSO BOOK 189, Ka PAGE E GE 215 �r+ .t r' r-.ILI - 3 ?S a� I ------------------------- 0 Tp - G O -rl rti U , Q i4 pi17 +. - =t S {: 1 !4r w ,4 f U N O N U -! �Ik O. 3 OPP U) O U rl av I fn -:� N - N ro ij O PH U 04 U 4� rd O d) iI PH 5y U G O (b PH O 4J 4-I U O rd + p N O N tT 4-1 .N r� � — v — U 5 0 bR TARGET CORP T 0892 C/O PROPERTY TAX DEPT TPN 0950 PO Box 9456 MINNEAPOLIS MN 55440-9456 C O PRASSINOS SAM 7844 W CHURCH MORTON GROVE IL 60053- ,HElCO CORP C 0 EDGEMARK ASSET MGMT LLC 2215 YORK RD STE 503 OAK BROOK IL 605234590 HUY STEVEN C/O BRIAN PROPERTIES 2045 S ARLINGTON HGTS STE 100 ARLINGTON HGTS IL 60005 FAGAN PATRICIA A 3610 W CORNELL CT MCHENRY IL 60050 GUZLEC SHARON 3609 CORNELL CT MCHENRY IL 60050 GUNDLACH DEBRA A DANIEL M GUZLEC SHARON 4411 RIVERDALE DR 3609 CORNELL CT MCHENRY IL 60050 MCHENRY IL 60050 MENDEZ HERIBERTO ERIKA SCHWEBKE LORI L 3610 W BRADLEY CT 3611 W CORNELL CT MCHENRY IL 60050 MCHENRY IL 60050-3889 BEILICH JOSEPH M SPOERRY CINDY L ET AL 3611 W DRAKE CT 3610 W DRAKE CT MCHENRY IL 60050 1 MCHENRY IL 60050 TONYAN JANICE E TR KORSTANJE BRIAN R 3609 W BRADLEY CT 3612 W DRAKE CT MCHENRY IL 60050 MCHENRY IL 60050-3888 St Mary's Church &Cemetery DROST SHERYL K 1 W N Richmond Rd 3609 W DRAKE CT McHenry, IL 60050 MCHENRY IL 60050-3888 St Mary's Church &Cemetery 1407 N Richmond Rd McHenry, IL 60050 PUBLIC HEARING NOTICE FILE Z-860 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 7:30 P.M. on May 13, 2015 to consider an application by Blackhawk Restaurant Group, 17W635 Butterfield Road, Suite 120, Oakbrook Terrace, IL 60181 ("Applicant") for the following requests in accordance with the City of McHenry Zoning Ordinance: Variance from the Off -Street Parking and Loading Requirements for McHenry Grounds Shopping Center [17114787 North Richmond Road (Illinois Route 31)] Conditional use permit to allow a tavern at 1771 North Richmond Road located within the McHenry Grounds Shopping Center Any other Variances required effectuating the aforementioned requests McHenry Grounds Shopping Center consists of 2.55 acres more or less and is located at 1711-1787 North Richmond Road, McHenry, IL 60050 ("Subject Property"). The Subject Property is located on the west side of North Richmond Road) and south of the intersection of McCullom Lake Road and North Richmond Road. The owner of the Subject Property is SFP McHenry Grounds LLC, 3190 Doolittle Drive, Northbrook, IL 60062 ("Property Owner"). PIN (Property Identification Number) of subject property: 09-26-100-046 The Subject Property is currently zoned C-3 Community Commercial A copy of the application is on file and may be examined during regular business hours in the City Clerk's Office, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, (815) 363-2100. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois. /s/Shawn Strach Chairman, Planning and Zoning Commission Office of the City Administrator Derik Morefield McHenry Municipal Center 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: June 1, 2015 Regular City Council meeting RE: Request for Class H Liquor License from Blackhawk Restaurant Group LLC Series McHenryG d/b/a Betty's Bistro located at 1771 N. Richmond Road and approval of the attached Ordinance increasing the number of Class H liquor licenses from three to four. ATT: Application Business Information Ordinance Mr. Michael Thiessen, representing Blackhawk Restaurant Group LLC Series McHenryG d/b/a Betty's Bistro, submitted an application for a Class H liquor license to serve beer and wine at tables only in conjunction with a cafe at 1771 North Richmond Road in the McHenry Grounds retail center (formerly Northern Illinois Chiropractic). Betty's Bistro is marketed as a cafe for adults to enjoy breakfast, lunch, or dinner along with video gaming. Attached is a copy of the marketing brochure for the business. Mr. Thiessen (acting manager until a local manger is hired) is scheduled to be fingerprinted by McHenry Police; all fees have been paid; and, all required paperwork has been submitted. If Council concurs, then it is recommended a motion is considered to a) grant a Class H liquor license to Blackhawk Restaurant Group LLC Series McHenryG d/b/a Betty's Bistro, effective May 1, 2015, with the condition that all employees involved in the sale and service A alcohol obtain BASSET certification; and, b) approve an ordinance increasing the number of Class H liquor licenses from three to four. 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. License No. Date Issued Date Effective CITY OF MCHENRY r APPLICATION FOR LIQUOR LICENSE Fee Received /lJ UNDER Date Received f tS CITY OF MCHENRY LIQUOR CONTROL ORDINANCE Receipt Issued On FISCAL YEAR 2014/2015 TO BE FILED WITH THE OFFICE OF THE MAYOR Check No. Cashier's Chk. ALL LICENSES EXPIRE APRIL 30 Cert. Check FOLLOWING DATE OF ISSUANCE Cash NAME OF BUSINESS, ADDRESS, & TELEPHONE #. Blackhawk Restaurant Group LLC Series McHenryG dba Betty's Bistro 1771 N Richmond Rd McHenry IL 60050 Telephone TBD will advise upon install 1 2. 3: 6. 7 S, 9. Please indicate form of ownership: CORPORATION X (LLC) PARTNERSHIP INDIVIDUAUSOLE PROP. iF CORPORATION: Corporation Name: _ Blackhawk Restaurant Group LLC Corporate Address: 17W635 Butterfield Rd Ste 120 Oakbrook TerracC, I, s701 81 Corporate Phone Number: 6�I0 (,S(, 5747 State of Incorporation: Illinois IF PARTNERSHIP: Name: Corporate Address: Corporate Phone Number: _ State of Incorporation: IF INDIVIDUAUSOLE PROP: Applicant's Full Name: Date of Birth: Residence Address: Home Phone: Citizen of U.S.? Business Phone: If a naturalized citizen, when and whore naturalized? Court in which (or law under which) naturalized: (A) If ApplicantPARTNERSHIP, give name and address of all partners holding 5% or mare 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: *** See Attached zo7 z PAGE TWO 10. If Applicant and Local Manager are not the same, give name, address and telephone number of Local ManaQpr= Local Managers: Date of Birth: 11 Principal Type of Business: Restaurant 12. What is current zoning for this property? 13. Type of License Sought: License Class H 14. Date on which business was begun at this location: TBD Place of Birth: Citizen of U.S.? T,,,,� 15. Does applicant own premises for which license is sought? NO If not, state name and address of owner and attach copy of executed lease. SFP McHenry Ground LLC 3190 Doolittle Dr Northbrook IL 60062 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? NO A. If answer to the above is "YES", is the applicant's place of business a hotel offering restaurant service, a regularly organized club, a food shop or other place where the sale of liquor is to the principal business? . If yes, how long has place of business been In operation? 18. If applicant has ever engaged In the business or sale of alcoholic liquor at retail, list address of all locations {may attach supplemental sheet). YES **See attached 19. Illinois State Liquor License Number: TBD Attached copy of State Liquor License Certificate. 20. Give applicant's Retailer's Occupational tax (ROT) Registration Number: 4088-2519 21. Are you delinquent in the payment of the Retailer's Occupational Tax (Sales Tax), and if so, the reasons therefore: NO 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. 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. Continental Casualty Ins Co ** See Attached Certificate 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? Y� es 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? YES 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? NO 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? NO 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 misdemeano(? TT(� If so, please describe: 31, Is any individual who is directly or indirectly interested in applicant's place of business, claw -enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)? NO If so, please state name and address of such person: 2012 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). "See Attached 33. Have you ever been convicted of a gambing offense (if a partnership or corporation, include all partners, owners of 5% or more shares of the corporation and the local manager)? NUU If so, give all details: 34. Has any owner{s) 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? NO 35. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? YES 36. Have you, or any partner, or owner of 5% or mare shares of the corporation or local manager, ever had a liquor license revoked or suspended? NO 37. If so, give ali details, including location of the licensed property (please attach). CAUTION: Failure to provide accurate or complete information may result in the suspension andlor revocation of your liquor license and/or the issuance of a fine. R++#+#+i##H++ta-!1+#+++i 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 1 1:00 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, a#t+Mt#t#####t+f###tM#t###t##B#tBtt+t+a##+#t#a#a###a#+#t*+tH#F#H#i#++hta#+##1-a-1-M###+# 20t2 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 CORPORA (Authorize Title MANAGER: Signature of Local Manager Michael Thiessen Print Name OFFICIAL SEAL. MARY TURK JENSEN Notary Public - Stake of Illinois My Commission Expires Nov 12, 2017 2012 Subscribed and sworn to before me this NOTARY PUBLIC Subscribed and swom tc before me this day of NOTARY PUBLIC Subscribed and swom to before me this day of%lLfi� NOTARY PUBLIC n9ARY TURK JENSEN Notary Public -State o1 Illinois tvly Commission Expires Nov 12, 2017 SubscribQd�d.sworn to bi NOTARY PUBLIC • AskAh �lackhawl� Principals have 80+ years experience in operating restaurants in 5 states Illinois Texas California Oregon Washington 50 units currently operating in Illinois Financially secure Landlord friendly Background and operationally approved Blackhawk i kwAA ' •11 md• • • Consumer Reports July 6 2012 • Nearly 48,000 diners rate "Best x Worst" at 102 popular restaurant chains, 110,500 restaurant visits • Nine chains earned high marks across the board for the four attributes in the ratings: taste, value, service and mood; plus praise in three other Icey areas: menu variety, cleanliness and a lack of noise. Biaggi's Ristorante Italiano Fatz Eatz & Drinl<z Black Angus Steakhouse Bob Evans Bravo Cucina Italiana Elmer's irst FWatc h J.Alexander's Le Peep r.%arrative Concept Modern, warm, welcoming design Q Traditional and soft seating options Bistro style menu Entertainment option Locations Focus on grocery anchored centers Convenience to our customers Strategic sites based on local Blackhawk markets :ustomized Design 11 1 1 1 build out per st• - jamin• and • • area - separated Gaming area is discrete and private Custom carpet Chicago history motif -art work Combinatiin on of seatg options Leather chairs and sofas Hi -top and regular table seating State of the art video surveillance Blackhawk 44 • n JL 10 �1111' �o fl� 0 • 0 J PFF \ it is IV '. VANO 611, ,. ti Food ALWAYS available during hours of operations "Serve Safe" certified Illinois Department of Public Health, food service sanitation manager certification on premise All employees are BASSET Certified Three (3) drink maximum Safety of our guests and employees Blackhawk Gourmet coffee drinks, soft drinks, juices and tea Menu is light eclectic fare Italian Supreme Panini Chicken Pesto Sandwich Turkey Artichoke Wrap Tomato Caprese Sandwich, vegetarian Salted Caramel Brownie with Pretzel Crust Beer and Wine �lackhawk Italian Supreme Panini Cream Cheese Frosted Cinnamon Roll arm Cher Tu rn ove r Woodstock Near Jewel on Hwy 47 Antioch Near L FZ Mart and Menal 3 South Beloit EI I< G roveage Hoffman Estates Hanover Parl< _ *1 Milce Thiessen 630-656-5757 mil<et@blacl<hawkrestaurantgroup.com ORDINANCE NO, MG154105 AN ORDINANCE Increasing number of Class H Liquor Licenses (Betty's Bistro) WHEREAS, the City of McHenry, McHemy 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(7) of the Municipal Code relating to liquor license classifications is hereby amended by increasing the number of Class "H" Liquor Licenses from three to four. 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 lst day of JUNE 2015. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: 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: June 1, 2015 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Use Variance to allow two principal land uses on one lot, a residential dwelling in the rear portion of a building with commercial use in the front at 5114 W Elm Street ATT: 1. Location Maps 2. Planning and Zoning Commission minutes dated April 15, 2015 3. Ordinance approving a use variance to allow two principal land uses on one lot, a residential dwelling in the rear portion of a building with commercial use in the front at 5114 W Elm 4. City Council Minutes dated September 24, 2012 (4509 W Elm) 5. Planning and Zoning Commission Minutes dated August 16, 2012 (5114 W Elm) 6. Application Packet 7. Petition Submitted at Planning and Zoning Commission Public Hearing by Applicant 8. Exhibit Submitted at Planning and Zoning Commission Public Hearing by Objector BACKGROUND: On August 16, 2012 the Planning and Zoning Commission considered a use variance for the property located at 5114 W Elm Street (minutes attached). Concerns were expressed by abutting property owners at the meeting regarding having sufficient parking and previous owners being uncooperative. The proposal was not recommended by the Commission and was never presented to the City Council. Until January of this year the building at 5114 W Elm had been vacant. The front part of the building is currently occupied and utilized as a beauty shop and tax assistance service business. The subject property is located on West Elm Street and contains one building, approximately 3,000 square feet; 1,500 square feet of usable commercial/office in the south portion with frontage on Elm Street and 1,440 square feet of residential space in the rear. The lot was platted in 1953 as part of Lakeland Park Subdivision and the building was originally constructed in 1957 and used as residential until the late 1980's, after which it was renovated for commercial use abutting Route 120. The rear residential portion of the building was completed in 1991. The applicants purchased 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 the property to use the (south) half of the building as a commercial use and would like to use the rear (north) portion of the building as one single-family residential use. Prior to issuance of an occupancy permit for a beauty shop/business use the property had been vacant for several years. If approved there would be two principal uses on one lot, which is not permitted by the zoning ordinance. One principal use is allowed thus the applicant is required to obtain a use variance to allow a single residential use in the north half of the building. There are no other variances being requested at this time. Commercial is permitted by -right, however residential is only permitted in a C4 or C-5 zoning district when the residential is above a non- residential use. In this case the residential would be behind or abutting a commercial use. The north portion of the building contains a kitchen, laundry facilities, multiple bedrooms and living/dining room space and the south a small kitchen, bathroom and offices. There is a wall between the north and south half connection on either end of the building to physically separate the two uses. ANALYSIS: A use variance is required to allow residential and commercial uses in the same building. Similar requests have been approved in the past. The property at 5016 W Elm Street, as well the properties located at 1213 N Riverside Drive and 1309 N Green Street, received use variances to allow residential use in commercial zoning districts. The property located at 5016 W Route 120 is a single-family home zoned C-5; whereas 1309 N Green and 1213 N Riverside Drive are zoned C4 and set up as duplex buildings. In September 2012 the City Council also approved a similar request at 4509 W Elm Street (minutes attached). The site is unique for the simple fact that it's one building with the front designed for a commercial use and the rear for a residential use. The proposed use will not alter the character of the area as it incorporates a commercial/service use along Route 120 and a residential use in the rear which abuts residential homes. The area of Route 120 where the subject property is located is the focus of the West Illinois Route 120 Corridor Enhancement Initiative which is a tool approved by the City Council to encourage economic investment. There are residential buildings zoned commercial along this corridor and the average age of structures is 35 years or more. Additionally, the corridor's economic viability has decreased at a more rapid pace since the Illinois Route 120 improvements in 2004. The original building on the subject property was constructed 55 years ago. It's staff belief a reasonable return cannot be realized on the property due to the rear portion of the building being designed and built to accommodate a residence. To convert this portion ofthe 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 building to a commercial land use would be impractical, very costly and extremely difficult to market as a non-residential use to prospective tenants and would require more parking than one residence. The north half of the building is not visible from Route 120 and the applicant is limited by ordinance to one freestanding and two wall signs. The residential is behind rather than above the commercial on the subject property, and a vertical building with residential on the top of non-residential is more appropriate in a downtown setting. Staff believes the dual use of the building is appropriate at this location. The north side of the property abuts single-family residential and the south half is adjacent to Illinois Route 120. It is adjacent to an automobile repair shop on the east and a law office on the west. Moreover, in the immediate area along Route 120, there are no other sites with buildings situated similar to the manner which the building at 5114 W Elm Street sets. Adjacent buildings, with a couple of exceptions, were not constructed with the length and layout of the building on the subject property. The applicant is not requesting any other variances from the zoning ordinance and thus is required to meet all other City ordinances including parking, signage, stormwater runoff, etc. Although the West Route 120 Corridor Enhancement Initiative was adopted by the City Council with the intent of fostering redevelopment and revitalization of this area of Illinois Route 120 this process will take time. Staff believes the proposed use variance is appropriate and supports the request as - presented. PLANNING AND ZONING COMMISSION: Concerns were expressed by a couple members of the Planning and Zoning Commission, as well as abutting property owners about the lack of space on the subject property to provide sufficient parking. Abutting owners do not believe the residential use is appropriate. Members of the public also spoke in favor of the applicant's request stating if the rear portion of the building was utilized for commercial purposes more parking would be required than if a residential use were located in the rear portion of the building. The Planning and Zoning Commission voted (3-2) to recommend to the City Council a use variance to allow two principal land uses on one lot a residential dwelling in the rear portion of a building with commercial use in the front on the subject property as presented for the property located at 5114 Elm Street subject to the following conditions: • Residential dwelling unit in the north half of the building shall be required to obtain a certificate of occupancy and comply with minimum life safety codes for a residential dwelling unit; 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 • Outside storage of any kind, with the exception of trash/rubbish with conditions as stipulated below, is prohibited; • Required number of off-street parking spaces shall be striped to accommodate commercial and residential uses in accordance with all applicable City ordinances, rules, regulations and the Illinois Accessibility Code prior to a certificate of occupancy being issued for the single dwelling unit in the north half of the building; • No cross -access shall be permitted onto adjacent properties unless a cross -access easement or similar agreement is entered into by all impacted parties and said agreement is recorded against all affected properties; • Any trash/rubbish stored outside which is not maintained in dumpster/commercial refuse container, must comply with provisions of all applicable City codes, rules, ordinances and regulations; • Any commercial dumpster or refuse container placed outside on the subject property at anytime in the future must be screened in accordance with all applicable City ordinances, rules and regulations. Four concurring votes are necessary to decide in favor of any application presented to the Planning and Zoning Commission in accordance with the zoning ordinance; therefore there is no formal recommendation to the City Council from the Planning and Zoning Commission. Additionally, in accordance with the City's zoning ordinance and Illinois State Statutes a 213 majority of all aldermen holding office orfive (votes) is required to approve the requested use variance due to the lack of four concurring votes at the Planning and Zoning Commission. The citation from the Illinois State Statues, as well as the City's zoning ordinance is cited below. Illinois State Statutes: (65 ILCS 5/11-13-10) (from Ch. 24, par. 11-13-10) Sec. 11-13-10. In municipaes of less than 500,000 population, where a variation is to be made by ordinance, upon the report of the board of appeals, the corporate authorities, by ordinance, without further public hearing, may adopt any proposed variation or may refer it back to the board for further consideration, and any proposed variation which fails to receive the approval of the board of appeals shall not be passed except by the favorable vote of two-thirds of all aldermen or trustees of the municipality. City of McHenry Zoning Ordinance: In the case of a variance, a vote of two-thirds of all aldermen shall be required to approve any application not approved by the Planning and Zoning Commission, as provided by the Illinois Revised Statutes (MC-9T584). 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 If the City Council concurs with staffs analysis it's recommended the attached ordinance approving a use variance to allow two principal land uses on one lot, a residential dwelling in the rear portion of a building with commercial use in the front at 5114 W Elm Street with the following conditions. • Residential dwelling unit in the north half of the building shall be required to obtain a certificate of occupancy and comply with minimum life safety codes for a residential dwelling unit; • Outside storage of any kind, with the exception of trash/rubbish with conditions as stipulated below, is prohibited; • Required number of off-street parking spaces shall be striped to accommodate commercial and residential uses in accordance with all applicable City ordinances, rules, regulations and the Illinois Accessibility Code prior to a certificate of occupancy being issued for the single dwelling unit in the north half of the building; • No cross -access shall be permitted onto adjacent properties unless a cross -access easement or similar agreement is entered into by all impacted parties and said agreement is recorded against all affected properties; • Any trash/rubbish stored outside which is not maintained in dumpster/commercial refuse container, must comply with provisions of all applicable City codes, rules, ordinances and regulations; • Any commercial dumpster or refuse container placed outside on the subject property at any time in the future must be screened in accordance with all applicable City ordinances, rules and regulations. 5 I�. i --� — jc L ■11 111130 add art all Or op rAdQ all I VON i 1 ad Wo, INK bp ed al It { Q {�. y.Y d add all " 1 road le a am re IF a ' i• e r /j Y at art - �, •' �' Imo. •'y. dollor �tow=�� b rall 41 it I led rod d,3 1 "'�, a ' tJ '' ,. IF dir od It do, oil 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 April 15, 2015 Chairman Strach called the April 15, 2015 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:35 p.m. In attendance were the following: Doherty, Sobotta, Nadeau, Strach, and Thacker. Absent: Bromley, Vallez. Also in attendance were: Director of Economic Development Martin, City Attorney Kelly Cahill and Planning and Zoning Assistant Wolf. No one signed into speak during Public Input. Public Hearing: Alfredo Cruz and Marlety Maganda File No. Z-858 5114 Elm St. Use Variance to allow two principal land uses on one lot, a residential dwelling in the rear portion of a building with commercial use in the front Chairman Strach called the Public Hearing to order at 7:40 p.m. regarding File No Z- 858, an application for a use variance to allow two principal land uses on one lot, a residential dwelling m the rear portion of a building with commercial use in the front on the subject property as submitted by Alfredo Cruz and Marlety Maganda. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 31, 2015. 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 Alfredo Cruz, 26799 N. Iride Dr., Mundelein, IL 60060 and Maria Elizarraga, 213 Beachview Dr., Round Lake, IL, who were sworn in by Chairman Strach. Ms. Elizarraga provided a summary of the request before the Commission at this Hearing translating for Mr. Cruz stating that Mr. Cruz is asking that his property at 5114 Elm St. be allowed to be used in the rear portion as a residential property for his own family. Mr. Cruz stated they are good citizens and have been running a business in the front of the property for two months with no issues. Ms. Elizarraga read a narrative statement of intent for the property from Mr. Cruz. 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 Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the requested action is a use variance to allow residential and commercial use in the same building on the subject property. In 2012 the Planning and Zoning Commission considered a use variance for the property located at 5114 W Elm Street. Concerns were expressed by abutting property owners at the meeting regarding having sufficient parking and previous owners being uncooperative. The proposal was not recommended by the Commission and was never presented to the City Council. Until January of this year the building on the subject property has been vacant for several years. The front part of the building is currently occupied and utilized as a beauty shop and tax assistance service business. The subject property is located on West Elm Street and contains one building, approximately 3,000 square feet; 1,500 square feet of usable commercial/office in the south portion with frontage on Elm Street and 1,440 square feet of residential space in the rear. The lot was platted in 1953 as part of Lakeland Park Subdivision and the building was originally constructed in 1957 and used as residential until the late 1980's, after which it was renovated for commercial use abutting Route 120. The rear residential portion of the building was completed in 1991. The applicants purchased the property to use the (south) half of the building as a commercial use and would like to use the rear (north) portion of the building as one single-family residential use. Director of Economic Development Martin stated that priorto occupancy being issued for a beauty shop/business use the property had been vacant for several years. If approved there would be two principal uses on one lot, which is not permitted by the zoning ordinance. One principal use is allowed thus the applicant is required to obtain a use variance to allow a single residential use in the north half of the building. There are no other variances being requested at this time. Commercial is permitted by -right, however residential is only permitted in a G4 or G5 zoning district when the residential is above a non-residential use. In this case the residential would be behind or abutting a commercial use. The building has previously been used in this manner and is configured for both use types. The north portion of the building contains a kitchen, laundry facilities, multiple bedrooms and living/dining room space and the south a small kitchen, bathroom and offices. There is a wall between the north and south half connection on either end of the building to physically separate the two uses. Similar requests have been approved in the past. The property at 5016 W Elm Street, as well the properties located at 1213 N Riverside Drive and 1309 N Green Street received use variances to !3 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 allow residential use in commercial zoning districts. The property located at 5016 W Route 120 is a single-family home zoned C-5; whereas 1309 N Green and 1213 N Riverside Drive are zoned C4 and set up as duplex buildings. In September 2012 the City Council also approved a similar request at 4509 W Elm Street. The site is unique for the simple fact that it's one building with the front designed for a commercial use and the rear for a residential use. The proposed use will not alter the character of the area as it incorporates a commercial/service use along Route 120 and a residential use in the rear which abuts residential homes. There are residential buildings zoned commercial along the West Illinois Route 120 corridor and the average age of structures is 35 years or more. Additionally, the corridor's economic viability has decreased at a more rapid pace since the Illinois Route 120 improvements in 2004. The original building on the subject property was constructed 55 years ago, however the residential addition was built in 1991. A reasonable return cannot be realized on the property due to the rear portion of the building being designed and built as a residence. To convert this portion of the building for a commercial land use would be impractical, very costly and extremely difficult to market as a non-residential use to prospective tenants and would require more parking than one residence. The north half of the building is not very visible from Route 120 and the applicant is limited by ordinance to one freestanding and two wall signs so an additional commercial use in the rear of the building is impractical in this regard as well. The use variance being requested as part of this application, however, is different from the previously approved temporary use variances in that the building was built to accommodate both commercial and residential uses. The residential is behind rather than above the commercial on the subject property, which staff believes is appropriate given the location of the property. A vertical building with residential on the top of non-residential is more appropriate in a downtown setting. Staff believes the dual use of the building is appropriate at this location. The north side of the property abuts single-family residential and the south half is adjacent to Illinois Route 120. It is adjacent to an automobile repair shop on the east and a law office on the west. Moreover, in the immediate area along Route 120, there are no other sites with buildings situated similar to the manner which the building at 5114 W Elm Street sets. Adjacent buildings, with a couple of exceptions, were not constructed with the length and layout of the building on the subject property. If roX R�,.�a✓ 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 not requesting any other variances from the zoning ordinance and thus is required to meet all other City ordinances including parking, signage, storm water runoff, etc. It is staffs belief the criteria outlined in Table 32(A) of the zoning ordinance have been satisfied. Director of Economic Development Martin stated it is staff s recommendation for approval of a use variance to allow a single residential dwelling unit in the north half of the building and a commercial use in the south portion of the building on the subject property subject to the following conditions: • Residential dwelling unit in the north half of the building shall be required to obtain a certificate of occupancy and comply with minimum life safety codes for a residential dwelling unit; • Outside storage of any kind, with the exception of trash/rubbish with conditions as stipulated below, is prohibited; • Required number of off-street parking spaces shall be striped to accommodate commercial and residential uses in accordance with all applicable City ordinances, rules, regulations and the Illinois Accessibility Code prior to a certificate of occupancy being issued for the single dwelling unit in the north half of the building; • No cross -access shall be permitted onto adjacent properties unless across -access easement or similar agreement is entered into by all impacted parties and said agreement is recorded against all affected properties; • Any trash/rubbish stored outside which is not maintained in dumpster/commercial refuse container, must comply with provisions of all applicable City codes, rules, ordinances and regulations; • Any commercial dumpster or refuse container placed outside on the subject property at any time in the future must be screened in accordance with all applicable City ordinances, rules and regulations, And staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Mr. Cruz presented an 11-page petition and list of signatures to the Commission in support of his request and Director of Economic Development Martin entered it into the record. Chairman Strach invited questions and/or comments from the Commission. Commissioner Nadeau inquired if a firewall is required. Director of Economic Development stated there is no connecting doorway between the front and rear of the property but all City building 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 specifications and requirements would have to be met. An exhibit was presented by Judge Mary Nader to the Commission, as well as the applicant, containing several photos of the subject property and a plat of survey. In regard to the photos presented, Commissioner Doherty asked for clarification of the division of the property lines. Director of Economic Development Martin stated the property line cannot definitively be determined without a surveyor marking the property lines. Mr. Cruz stated he has already had an estimate to have his parking areas repaved and striped and if he is allowed to repair the lot it will be clearly marked and parking shouldn't be an issue. Commissioner Thacker asked Mr. Cruz if the request is denied whether it will have an impact on the business and his ownership of the property. Mr. Cruz stated that it would definitely have an impact. Chairman Strach opened the floor to questions and comments from the audience. Judge Mary Nader, 1213 Matanuska, McHenry, IL addressed the Commission stating she has owned the property to the west of the subject property since 2007 and is now renting it to Attorney Robert Fetzner. The law practices that have operated out of her building have professional clientele and the building is very well -kept. She applauded the denial of the similar request brought before the Commission in 2012. Judge Nader summarized the exhibit of photos that was presented to the applicants and the Commission and put into the record. Ms. Nader stated some of the photos are from Google Maps and she is unsure of the dates of the photos. She stated the property has and always will have a parking issue. Judge Nader questioned the use A the residential portion of the property for just one family due to its size and questioned the use of the business property in the front as more than what the Certificate of Occupancy was issued for. She further stated there were at times in excess of 10 cars in the evenings on the subject property and they often flow over into the law firm parking lot. Judge Nader questioned whether there were truly enough parking spaces for the business alone as well as a residence. She further stated previous residential tenants on the property used the property as residents will commonly use their own property, but the subject property is not suited to that any type of residential use. Judge Nader discussed the other properties noted in the staff report that were similar situations having two proposed uses and stated she respectfully suggests the proposed residential use is not appropriate for this particular property and requests denial of the application. Attorney Terry Nader, 1213 Matanuska, McHenry, IL stated his most prominent issue is the residential use of the property in a predominately commercial area. Attorney Nader opined the 11 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 property was not built to have residential use originally and questioned whether the approval of the property being issued residential use was lawful. He questioned lack of clarity in the applicant's answers on the public hearing application and questioned why the applicant did not put a contingency in his real estate contract in order to secure the residential use of the property before purchasing it. Attorney Nader further discussed discrepancies he opined were included in the public hearing application. Attorney Nader stated it is his hope the applicant's request will be denied. Mr. Mitch Ketchum, 4808 W. Bonner, McHenry, IL, was sworn in by Chairman Strach. Mr. Ketchum stated he is owner of Morrie and Sons Automotive at 5110 W. Elm, an abutting property. Mr. Ketchum stated he has had to talk to numerous customers of the beauty salon on the subject property about not parking on his property over the last two months. His biggest concern is the lack of sufficient parking. Attorney Rob Fetzner, a tenant at 5116 W. Elm St. who resides in Crystal Lake, IL stated he agrees with both Judge and Attorney Nader. Attorney Fetzner stated he briefly reviewed table 32(A) and respectfully disagrees with staffs recommendation. Mr. Fetzner opined the applicant was untruthful in his application in stating it would be a hardship if his public hearing request was not granted, instead stating he opined Mr. Cruz's request is a convenience as an additional use of the property. Attorney Fetzner opined the property is not suited to residential use and asked the Commission to deny the request. Through Ms. Elizarraga as translator, Mr. Cruz replied to the public statements by stating his family only has two children and it is only his family that intends to reside in the house. The photos in question he believes were from one occasion when his family was congratulating him on the new business and property ownership and is not a repetitive or continual problem. Mr. Cruz stated he intends to keep his property clean and improve it and is looking forward to working respectfully with the City and being a good neighbor. He has not done any work on the property outside of Oat the City has allowed him to do with property permits to date. He asked to be given the opportunity to prove they will improve the neighborhood and be good citizens of the City of McHenry. Mr. Cruz stated he has addressed parking issues with his clients and is scheduling appointments in a manner to avoid parking issues. He was waiting for approval of this request before moving forward with improving his parking lot so he would be able to accommodate the proper City requirements. He feels he is being judged based on previous owners of the property and asks for an opportunity to show his compliance with City standards. Mr. Cruz thanked the Commission for their consideration of his request. Mr. Bill Safransici, of Mundelein, IL, was sworn in by Chairman Strach and stated he has done 12 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 business with Mr. Cruz for years and stated they have always had a respectful relationship. He asked if perhaps a fence between the properties would help resolve the issues but that he wished to speak for the good character of Mr. Cruz. Ms. Erica Salgado, 5008 Pindale Dr., McHenry, IL was sworn in by Chairman Strach and stated she has owned a business on Elm Street for over 8 years. Ms. Elizarraga translated for Ms. Salgado. She stated it is always important to have sufficient clients to run a business. A commercial business needs clients and needs parking and she was sure Mr. Cruz would welcome being a good neighbor and allowing his neighboring commercial businesses to use his parking lot were it ever needed for additional parking for any reason. She asked the Commission and those making previous public comment whether parking would be an issue on this property for any business trying to operate on the property even if it were singularly for commercial use, stating commercial property requires more parking than residential. Ms. Linda Caberone, 409 S. Lake St., Mundelein, ILwas sworn in byChairman Strach and stated she has been in the residential portion of the property and the size of the property and rooms suggested by Judge Nader is incorrect. She further stated there are only 3 bedrooms in the house and only one kitchen and that it is not set up as a duplex. She suggested if the back portion of the property were to be used for commercial use rather than residential it would cause even more issues for parking because commercial businesses typically require more parking. Mr. Leo Gonzalez, 508 Bluffs Edge Dr., McHenry, IL was sworn in by Chairman Strach and stated he owns a business in McHenry and opined parking on the subject property will always be an issue whether the property is used as only a commercial property or as a dual commercial and residential use due to the layout of the property. The question is whether the City wants more vacant properties. He further stated he is a client of the salon and there are only two employees both of which are upstanding citizens in his opinion. Chairman Strach closed the public comment portion of the hearing at 835p.m. Commissioner Sobotta asked Director of Economic Development Martin what the parking requirements for the City were in this situation. Director of Economic Development Martin stated the applicant is not requesting a parking variance before the Commission tonight. He stated the parking requirement is 8 total for the residential and commercial use. Commissioner Doherty asked Mr. Cruz how many chairs were in the Salon and whether or not he would ever want to increase his business (i.e., number of chairs) in the future if he was able to. Mr. Cruz stated he has two chairs and would wish to expand only with City approval if it was 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 properly zoned for an expansion of business following all City requirements. Presently, Mr. Cruz does not believe he would have enough parking to satisfy expanding the business. Motion by Nadeau, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-858, an application for use variance to allow two principal land uses on one lot, a residential dwelling in the rear portion of a building with commercial use in the front on the subject property as presented by the applicant Alfredo Cruz and Marlety Maganda for the property located at 5114 Elm St., McHenry, IL, subject to the following conditions: • Residential dwelling unit in the north half of the building shall be required to obtain a certificate of occupancy and comply with minimum life safety codes for a residential dwelling unit; • Outside storage of any kind, with the exception of trash/rubbish with conditions as stipulated below, is prohibited; • Required number of off-street parking spaces shall be striped to accommodate commercial and residential uses in accordance with all applicable City ordinances, rules, regulations and the Illinois Accessibility Code prior to a certificate of occupancy being issued for the single dwelling unit in the north half of the building; • No cross -access shall be permitted onto adjacent properties unless across -access easement or similar agreement is entered into by all impacted parties and said agreement A s recorded against all affected properties; • Any trash/rubbish stored outside which is not maintained in dumpster/commercial refuse container, must comply with provisions of all applicable City codes, rules, ordinances and regulations; • Any commercial dumpster or refuse container placed outside on the subject property at any time in the future must be screened in accordance with all applicable City ordinances, rules and regulations, be granted, and that Table 32(A) of the Zoning Ordinance has been met. Voting Aye: Sobotta, Nadeau, and Strach. Voting Nay: Thacker, Doherty Not Voting: None. Abstaining: None. Absent: Bromley, Vallez. Motion denied 3-2. (Four concurring votes are necessary to decide in favor of the applicant in accordance with the 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 zoning ordinance.) Commissioner Thacker stated he did not believe the requirements of Table 32(A) of the Zoning Ordinance have been met. Commissioner Doherty stated parking is an issue on the property whether there is commercial or residential use in place but wished the applicant success in his business. Chairman Strach closed the Public Hearing regarding File No. Z-858 at 8:46 p.m. 15 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. 15- AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW TWO PRINCIPAL LAND USES ON ONE LOT, A RESIDENTIAL DWELLING IN THE REAR PORTION OF A BUILDING WITH A COMMERCIAL USE IN THE FRONT AT 5114 W ELM STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by Alfredo Cruz and Marlety Maganda, 26799 N Iride Drive, Mundelein, IL 60060 ("Applicants") requesting a use variance to allow a two principal land uses on one lot, a residential dwelling in the rear portion of a building with a commercial use in the front at 5114 W Elm Street ("SUBJECT PROPERTY"), legally described on Exhibit A, attached hereto and incorporated herein; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 15, 2015 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission voted (3-2) in favor of the use variance however four concurring votes are required therefore there is no, ormal recommendation by the Planning and Zoning Commission; 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 use 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: The SUBJECT PROPERTY is hereby granted a Use Variance to allow two principal land uses on one lot, a residential dwelling in the rear portion of a building with a commercial use in the front subject to the following conditions: 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 • Residential dwelling unit in the north half of the building shall be required to obtain a certificate of occupancy and comply with minimum life safety codes for a residential dwelling unit; • Outside storage of any kind, with the exception of trash/rubbish with conditions as stipulated below, is prohibited; • Required number of off-street parking spaces shall be striped to accommodate commercial and residential uses in accordance with all applicable City ordinances, rules, regulations and the Illinois Accessibility Code prior to a certificate of occupancy being issued for the single dwelling unit in the north half of the building, • No cross -access shall be permitted onto adjacent properties unless across -access easement or similar agreement is entered into by all impacted parties and said agreement is recorded against all affected properties; • Any trash/rubbish stored outside which is not maintained in dumpster/commercial refuse container, must comply with provisions of all applicable City codes, rules, ordinances and regulations; • Any commercial dumpster or refuse container placed outside on the subject property at any time in the future must be screened in accordance with all applicable City ordinances, rules and regulations. 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 bungs 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. 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 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 byand underthe 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 and approved this AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: ATTEST: CITY CLERK cn day of , 2015 MAYOR iF:3 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 Subject Property 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 COUNCIL MEETING MINUTES DATED SEPTEMBER 24, 2012 ORDINANCE GRANTING A USE VARIANCE TO ALLOW A RESIDENTIAL USE AND A FINANCIAL INSTITUTION AT 4509 W ELM STREET Deputy City Administrator Martin stated the owners ofthe property located at 4509 W. Elm Street would like the ability to lease the front commercial half of the building to a financial institution and the rear residential portion of the building as a residential use. The property has been vacant for a few years and if approved there would be two principal land uses on one lot, which is not permitted by the zoning ordinance. Additionally, financial institutions are not permitted in the C-5 zoning district. A use variance is required to allow the residential use and financial institution on the same property and specifically permit the financial institution in the C-5 zoning district. The subject property is situated along a vibrant commercial area along Illinois Route 120 but has not generated any substantial interest from any user in several years; therefore, staff believes the financial institution is an appropriate land use at this time. The property is several hundred feet long and there is a substantial green and vegetative buffer from the residential properties to the south and west. The distance between the commercial building on the subject property to the homes to the south and west is approximately 70 and 246 feet respectively. Staff believes the financial institution is a potential long-term and productive use of the building which will blend with the commercial businesses along Illinois Route 120. Existing property maintenance items will need to be addressed on -site prior to building occupancy and an additional investment to the exterior of the building and landscaping will help the property be a productive commercial site conforming to the surrounding area. Deputy City Administrator Martin noted the Planning and Zoning Commission considered the request at a public hearing held on September 6, M12. The Commission unanimously recommended approval granting a use variance to allow a residential and financial institution use at 4509 W Elm Street with the following conditions: 1. Parking lot is re -striped; 2. Handicapped parking space is re -striped to comply with Illinois Accessibility Code; 3. Overgrown trees and vegetation be trimmed and maintained going forward; 4. The dumpster be fully enclosed; 5. The driveway to the residential area in the rear be re-established with a fresh gravel/stone base; 6. Additional landscape plantings are installed within the general parking area north of the building. This could be in the form of bushes, trees or a combination thereof with the intent being 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 to make the property more visually appealing from Illinois Route 120 and break up the asphalt parking area to the building. Alderman Condon stated this request is a challenge as she feels strongly about the restriction on financial institutions in the C-5 zoning district, yet she recognizes that this property in general is challenging to develop. Alderman Santi inquired about the parking available. Deputy City Administrator Martin explained the parking is fine but the handicap parking needs to be reconfigured to comply with ADA requirements and the lot needs to be re -striped. Alderman Glab asked why pavement of the driveway to the residential area is not being required. Alderman Santi concurred with Alderman Glab's concerns regarding the gravel driveway. Deputy City Administrator Martin stated gravel driveways have been allowed in the past and the existing driveway was not paved. There is a concern with storm water run-off and the cost to the owner may be prohibitive at this time. Motion by Wimmer, seconded by Peterson, to approve an ordinance granting a use variance to allow a residential use and a financial institution at 4509 W Elm Street, with the following conditions, as presented. 1. Parking lot is re -striped; Z. Handicapped parking space is re -striped to comply with Illinois Accessibility Code; 3. Overgrown trees and vegetation be trimmed and maintained going forward; 4. The dumpster be fully enclosed; 5. The driveway to the residential area in the rear be re-established with a fresh gravel/stone base; 5. Additional landscape plantings are installed within the general parking area north of the building. This could be in the form of bushes, trees or a combination thereof with the intent being to make the property more visually appealing from Illinois Route 120 and break up the asphalt parking area to the building. Voting Aye: Blake, Wimmer, Peterson, Low. Voting Nay: Santi, Glab, Condon. Absent: Schaefer. Motion carried. 21 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 Planning and Zoning Commission Minutes dated August 16, 2012 City of McHenry Planning and Zoning Commission Minutes August 16, 2012 Chairman Schepler called the August 16, 2012 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Buhrman, Doherty, Nadeau, Schepler, and Thacker. Absent: Strach, Morck, Also In attendance were: Deputy City Administrator Martin and Planning and Zoning Secretary Wolf. Approval of Minutes Motion by Nadeau, seconded by Thacker, to approve the Commission Meeting as presented: July 19, 2012 regularly scheduled meeting; August 2, 2012 special meeting. Voting Aye: Buhrman, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: Doherty. Absent: Strach, Morck. Motion carried 4-0. minutes of the Planning and Zoning Public Hearing: Michael and Doreen Freund File No. Z-796 5114 W Elm Street Use Variance Chairman Schepler called the Public Hearing to order at 7:31 p.m. regarding File No Z-796 an application for a use variance to allow a residential and commercial use in the same building, as submitted by Michael and Doreen Freund for the property located at 5114 W Elm Street. Chairman Schepler stated Notice of the Public Hearing was published In the Northwest Herald on July 30, 2012. 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 Michael and Doreen Freund, 1505 Val Court, McHenry, who were sworn in by Chairman Schepler. Mr. Freund provided a summary of the request before the Commission at this Hearing. Mr. Freund stated he was told by his realtor when purchasing 5114 W Elm Street the building could have a residential residence behind the commercial business in front. Mr. Freund stated he found out later that was not true and he now needs to request a use variance to allow the use he purchased the property for. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter, statIng the requested use would be allowed In this zoning district if the residence was located above the commercial business, but due to the layout of the building the residence is located behind rather than 22 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 Planning and Zoning Commiss�on August 16, 2012 Page 2 above the commercial business. The building was used as residential until the late 1980's and renovated for commercial use abutting Route 120 after that. Mr. Freund would like to have one residential tenant in the rear half (north) of the building, with the ability to add one more in the future if he desires, and to use the front half (south) of the building as a commercial use. The property has been vacant for more than one year. If approved, there would be two principal uses on one lot, which is why a use variance Is needed as that is not permitted by the zoning ordinance. Similar requests have been approved In the past but only on a temporary basis. Deputy City Administrator Martin also stated this request is different from the previously approved temporary use variances in that the building was built 55 years ago to accommodate both commercial and residential uses. Deputy City Administrator Martin stated the area of Route 120 where the subJect property Is located is the focus of the West Illinois Route 120 Corridor Enhancement Initiative which was approved by the City Council to encourage economic investment. This corridor itself has suffered Immensely particularly since the Route 120 road construction. It would be a substantial hardship for the applicants to retrofit the north half of the building to be commercial and retrofitting the south half of the building to be residential would be counterproductive and not appropriate for this area of Route 120 In the future. Deputy City Administrator Martin stated staff believes the dual use of the building is appropriate at this location as It will still be a commercial use in the front. Staff recommends approval of a use variance to allow a residential use and commercial use in the same building on the subject property with a maximum of two separate dwelling units permitted solely on the north side of the building abutting Lakeland Park Subdivision. Chairman Schepler Invited questions and/or comments from the Commission. Commissioner Doherty asked what has been in the back of the building since it was built. Mr. Freund responded it originally housed a photography lab and then It was retrofitted to residential apartments without the benefit of building permits by the previous owner. He also stated in the past several years the front commercial half of the building was also used as a residential apartment. Discussion was held regarding the ability to have apartments in the rear of the building and what Is required to make it in compliance with building codes. Mr. Freund stated In order to remodel the apartment portion to house 2 apartments, the upper level would need renovations and another door and stairs would need to be added. The wall between the commercial and residential sections of the building would have to be a firewall for proper separation and building permits and inspections would need to be obtained. Currently there is a door on the west side of the building for the residential use and a door on the south side of the building for the commercial use. Mr. Freund further stated it was his intent when purchasing the building to obtain a tenant that would operate a low -traffic office type business in the front half and live In the back half of the building. Commissioner Doherty asked if there were any other buildings with a similar commercial and residential use in that area. Deputy City Administrator Martin replied the only one similar in design is 4509 W Elm Street, which was formerly occupied by Nature's Cornucopia in the front and a residential apartment in the rear. Chairman Schepler opened the floor to questions and comments from the audience. The following were sworn in by Chairman Schepler prior to their addressing the Commission: 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 Planning and Zoning Commission August 16, 2012 Page 3 • Attorney Mary Nader, 1213 Matanuska Tr., McHenry and office address 5116 W. Elm St,; • Terry Nader,1213 Matanuska Tr., McHenry; and • Mitch Ketchum, 5110 W. Elm St., business address. Attorney Mary Nader stated she and her husband own the property at 5116 W. Elm Street next to the subject property. She is a long time McHenry resident and purchased and made a large investment In upgrading the aesthetic appearance of her property about 5 years ago. At that time the City required a fence be Installed between her commercial business and the abutting residential homes to the north. Attorney Nader stated the use variance being requested is juxtaposed to what she was told regarding requirements needed to minimize land use conflicts between residential and commercial properties, She stated previous tenants In the 5114 W Elm Street building were a hindrance to her law firm. The subject property has very limited parking and she had many issues over the years with previous tenants consistently using her parking lot for their daily parking needs and being unruly or refusing when asked politely to move their vehicles. Attorney Nader further stated previous tenants did not keep their trash contained properly and garbage was frequently left out In the open. Attorney Nader and her husband tried to purchase 5114 Elm Street to help control the Issues they had with the previous owners and tenants. They were told by the City that residential use would not be allowed on the property since it had not been occupied for more than 90 days with residential use. Being satisfied with that response, they did not pursue the purchase of the property because they believed it would be occupied by a commercial tenant only and would no longer be a threat to their business. Attorney Nader commented she is aware one of her colleagues Inquired Into the purchase of the subject property and was told the same thing by the City and her realtor. She also did not pursue the purchase of the property since she needed the income from the rental of the back of the property to proceed with the purchase. It is the opinion of Attorney Nader that approval of residential use of the subject property would be a further hindrance of the law business she is running next door and would upset the impeccable condition of her own property, Attorney Nader further stated residential use of the subject property diminishes the directive In goal number 2 of the West Illinois Route 120 Corridor Enhancement Initiative to "develop and Implement strategies to retain existing businesses in the City" and the City's desired goal to establish high screening and traditional yard requirements to minimize land use conflicts between commercial and adjacent residential properties. She Is disappointed staff recommends approval of the request and opined staff did not really understand the Impact approval of this request would have to the surrounding businesses or took into consideration the parking Inadequacies Involved. Attorney Nader asked the Commission to deny the request for a use variance. Terry Nader. stated he agreed with everything Attorney Nader commented on in her statement. He Confirmed the frequent parking issues at 5116 Elm Street due to the limited parking at the subject property. Mr. Nader stated the lot at 5114 Elm Street would fill up just with cars for the commercial property in front and there were always three to four cars needing parking for the apartment In the rear which would use Attorney Nader's lot at 5116 Elm Street. In addition, snow removal was always an Issue and snow was often put on Attorney Nader's property at 5116 Elm Street when it was cleared from the subject property at 5114 Elm St. Mr. Nader further stated the proposed use will not attract businesses who want to Invest and Improve the corridor If an apartment use is approved in the rear of the office building. Mitch Ketchum stated he operates a business to the east of the subject property and he confirmed agreement with the statements made by Mary and Terry Nader. He commented that garbage and snow 24 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 Planning and Zoning Commission August 16, 2012 Page 4 removal were consistently an Issue when 5114 Elm Street had residents I(ving in the rear. He also stated there is not enough parking and previous tenants would often use his lot as well as Attorney Nader's lot when they needed to park. Mr. Ketchum added he also looked into the property at 5114 Elm Street and was told directly by a realtor that it could only be used as a commercial property. Chairman Schepler closed the public comment portion of the hearing at 7:55 p.m. Mr. Freund responded that he and his wife own a 5-unit apartment building In Wauconda and 2 homes in Wonder Lake. They are well -maintained buildings and have good renters. Mr. and Mrs. Freund intend to be selective with renters who will not cause parking and garbage issues at the subject property. Mr. Freund further pointed out that the parking is limited at 5114 Elm Street but whether the property has residential and commercial use or solely commercial use, cars will have to park there. The Freunds met with City staff and believe if the building was commercial use only there are not enough parking spaces available to be in compliance with City codes. Mr. Freund stated he would like to proceed with this request but does not want to cause further problems with the neighboring businesses. Deputy City Administrator Martin responded that the comments made by the Naders and Mr. Ketchum regarding being told by the City that the subject property was only approved for commercial use are correct. Mr. and Mrs. Freund were told the subject property could not be used as residential as well, that is why the applicants are at this hearing requesting a variance in order to have two uses on the property. Commissioner Doherty asked If there are two separate driveways for the properties at 5114 and 5116 Elm Street. Attorney Nader responded the driveways do come together but there is not a common driveway for the properties and that each of the driveways are on separate lots. Commissioner Doherty inquired if there is any room for additional paved parking area at the subject property to improve the parking Issues. Deputy City Administrator Martin responded the entire lot could be paved If desired, whether it was only commercial use or a combined use of commercial and resldential. Attorney Nader commented there is very limited extra space available on the subject property to accommodate additional parking. Commissioner Nader asked Mr. and Mrs. Freund if they had another plan in the event their request for a use variance was denied. Mrs. Freund responded they will look into renting the property as commercial use only but depending on the expenses involved they may just have to sell the property. Mrs. Freund further inquired how anyone could successfully operate a business on the property with the parking issues that have been stated. Motion by Nadeau, seconded by Thacker, to recommend to the City Council with regard to File No. Z- 796, an application for a use variance to allow a residential and commercial use In the same building, with a single dwelling unit solely on the North side of the bung, on the property located at 5114 W Elm Street as amended, be granted, and that Table 32A, of the Zoning Ordinance, has been met. Voting Aye: None. Voting Nay: Buhrman, Doherty, Nadeau, Schepler, and Thacker. Alfredo Cruz 5114WEImSt McHenry IL 60050 To whom it may concern, 03/30/15 I Alfredo Cruz owner of the property in 5114 W Elm St McHenry IL 60050. I am requesting this hearing to petition the variance on the mentioned property, due to the fact that I bought it with the intention to move into it and have my girlfriend's business at the same location. At such property in the rear portion we would love to reside in it as a single family dwelling. My girlfriend stylist at J.L.O. Haircare Unisex, her two children and I would be the only residents of this single family property. We would love to have the opportunity to continue with our plans as small business owners understanding that the purpose is to be bring value to our community and the city of McHenry. Respectfully, Alfredo Cruz File Number Z-858 PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 l . Name of Applicant: Alfredo Cruz and Marleiy Maganda Address: 26799 N Iride Dr City_Mundelein 2. Name of Property Owner (If other than Applicant) Address City 3. Name of Engineer (If represented) Address C! 5 6. City Name of Attorney (If represented) Address State State Tel : 847-903-8606 Fax n/a State IL Zip_60060 Zip Tel I Tel Fax Tel Fax Common Address or Location of Property: 5114 W Elm St McHenry IL, 60050 Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) _Conditional Use Permit Zoning Variance _Other _Zoning Variance —Minor Zoning Text Amendment X Use Variance *Definition of Minor 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. FORMA Page 1 of 3 7. Current Use of Property Beauty Salon adjacent to Elm St. Prospective residential in rear (subiect of request) 8. Current Zoning Classification of Property, Including Variances or Conditional Uses C-5 Hi�hway commercial district 9. Current Zoning Classification and Land Use of Adjoining Properties North: Residential RS4 (single family residential) South: Commercial C-5 (Vacant East: Commercial C-5 (Morrie's Auto Repair) West: Commercial C-5 (Law Office 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) $ 950.00 x 2. Narrative Description of Request x 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application J. FORM D — Zoning Variance Application x 7. FORM E — Use Variance Application x 8. Proof of Ownership and/or Written Consent from Property Affidavit x 9. Plat of Survey with Legal Description x 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 Owner in the Form of an 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. 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 An Print Name and Designation of Applicants) Alfredo Cruz Owner/Applicant Page 3 of 3 FORME File Number USE VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 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 was previously utilized as a multiuse building &the rear portion has been established as residence. The rear portion of the building has been vacant for several years. 2. Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. We currently operate a Hair Salon &would like to reside in the rear of the property. 3. Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. Previously considering that rear portion was attached for residential. We are requesting to merely continue to use it as a single family residential. FORME Page 1 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. Since the rear of the property in question was already utilized as residential, the front is being utilized as commercial, its consistent with adiacent land use. 5. Consistent with Comprehensive Plan The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. The Erantin� of the use variance is consistent with the purpose &intent of the zoning ordinance & comprehensive plan. FORME Page 2 of 2 We, the citizens of the town of McHenry, petition the city to approve the occupancy of Mr. Alfredo Cruz at the property in 5114 W Elm St McHenry IL 60050. This residence being petitioned to be approved as a residential property instead of a commercial property. There is sufficient parking far the amount of residents who will reside in such property. Mr. Cruz his girlfriend and daughter, We respectfully ask that the Planning and Zoning Commission will consider this peon and our support as community. We believe that Mr. Cruz and J.L.O Hair Unisex Care bring value to our town. # Name Address Phone # Signature r i C. 1 1 c�a t Ful >)1C&� L7V 't 61 Vi Ju Act `1 AV4 1 ii t �y r ii AY Aft lgaroa ,'H(D 6 1,0I�i1,� �,� I t l0 SJO J®hs�ef�l / J �r � ��1/ �� ��s �6© rC III 41e ljie� In. McftlP 425 4 PALK. } &f ) d�" Y �jC : 1V .d ,47 rcL v KiLzLAL i3itx) 5274xm�eLja, 3L LL,120 rtzt��, 442-1:�� dox — — Ile �°( l Y )a C2C L in7 f We, the citizens of the town of McHenry, petition the city to approve the occupancy of Mr. Alfredo Cruz at the property in 5114 W Elm St McHenry IL 60050. This residence being petitioned to be approved as a residential property instead of a commercial property. There is sufficient parking for the amount of residents who will reside in such property. Mr. Cruz his girlfriend and daughter. We respectfully ask that the Planning and Zoning Commission will consider this petition and our support as community. We believe that Mr. Cruz and J.L.O Hair Unisex Care bring value to our town. # Name Address Phone # Signature '.� ., L r cl7o � n ( 1 �- a e c-• 1 �f'' C �s cS - 7ZZ 4 ., 10/ 1161 LUC. C �.CU1lE'_ %C`nc_Yir i ��vc�es S1S 12_166"L Ux_u dalb I `).,6 Ytv (etv f,ut� i(2f%aU�'1" 1 ou 15 1CIS, - x) We, the citizens of the town of McHenry, petition the city to approve the occupancy of Mr. Alfredo Cruz at the property in 5114 W Elm St McHenry IL 60050. This residence being petitioned to be approved as a residential property instead of a commercial property. There is sufficient parking for the amount of residents who will reside in such property. Mr. Cruz his girlfriend and daughter. We respectfully ask that the Planning and Zoning Commission will consider this petition and our support as community. We believe that Mr. Cruz and J.L.O Hair Unisex Care bring value to our town. # Name Address Phone # Signature . '-01Z ) o n '' Y Lia,&]Aclotoo) ze,>' r a��: c� kV Vtf h t Il�C i ,NV 4 �� �' flulei. a ? ,r1u R 4 l 415 ((�� v R7 • �i- -9 `�%ti '_ Z�--- t� ! �,J cLV rel rR rye G-%r feel `� �Cd'l ,� f!.: _•]'P % G`. F �?�ilp- rya i 1i• frtrl / 7d Tl / r' - u.' .1 /y�.s.J4 %ir I 6.4 �n f C� • e E) , XI ; Y4 7 (} :j : xi We, the citizens of the town of McHenry, petition the city to approve the occupancy of Mr. Alfredo Cruz at the property in 5114 W Elm St McHenry IL 60050. This residence being petitioned to be approved as a residential property instead of a commercial property. There is sufficient parking for the amount of residents who will reside in such property. Mr. Cruz his girlfriend and daughter. We respectfully ask that the Planning and Zoning Commission will consider this petition and our support as community. We believe that Mr. Cruz and J.L.O Hair Unisex Care bring value to our town. # Name Address Phone # Signature 77�-� 1YI i ci ' �'1 Yt t t i 66 is J749 fig 0 1 c, C1ilYii�� ir1 �f RCW t , Z We, the citizens of the town of McHenry, petition the city to approve the occupancy of Mr. Alfredo Cruz at the property in 5114 W Elm St McHenry IL 60050. This residence being petitioned to be approved as a residential property instead of a commercial property. he, is sufficient parking for the amount of residents who will reside in such property. Mr. Cruz his girlfriend and daughter. We respectfully ask that the Planning and Zoning Commission will consider this petition and our support as community. We believe that Mr. Cruz and J.L.O Hair Unisex Care bring value to our town. # Name Address Phone # Signature Ht, �illo 1 'Vclo'c-� I U10 ��5 6 ( q ( {4s 113 1CsI3JCsT�r� E. 1' a i' lira, �Clem, �G�i'; L'c, t- '%, <•(i 1. S.D f' i��v;✓ t �`� ` 1 4i'b.e� *�LI (CA � L V ar4 qr V� rL�1r+ Ion'. "`��� ' ,) r7 �f/ f Wit/ lCj fro t -L'itic9G'.�� I a L✓'L + USG � 1 864 i1 Rf . L �� Nor'-i-f - l a 4. 1 ! 2 D!5 r I t 1/4,,s Ott( � ► '_LU C- CYa V Y t�/ -�r v 1 ILOo % V �- c{A �' j Rd AP (� ZZ V,r42! i I'r]`11 Alf ?, k7l ` 7 i l t N ! t rr it 7 : C t Ll We, the citizens of the town of McHenry, petition the city to approve the occupancy of Mr. Alfredo Cruz at the property in 5114 W Elm St McHenry IL 60050. This residence being petitioned to be approved as a residential property instead of a commercial property. There is sufficient parking for the amount of residents who will reside in such property. Mr. Cruz his girlfriend and daughter. We respectfully ask that the Planning and Zoning Commission will consider this petition and our support as community. We believe that Mr. Cruz and J.L.O Hair Unisex Care bring value to our town. # Name Address Phone # Signature V tAi4t:: 12 . , * )Q 6 'F f / J oik � � �i to �'� ✓(� VAd j, gill Imo% s C'(1j eta W-3,2 f 6rcla ROD D t s P P / Z-1! 9 ' �► i W ` F✓ L J y-Ixf i Tif ld A ` 6 C 10 aj in f f r nnji Z 6' 9 //V V ifo A i5L �1 � Gf�I � j�-Zi G " r- /T.,. j 11.00 7 It, CIO d We, the citizens of the town of McHenry, petition the city to approve the occupancy of Mr. Alfredo Cruz at the property in 5114 W Elm St McHenry IL 60050. This residence being petitioned to be approved as a residential property instead of a commercial property. There is sufficient parking for the amount of residents who will reside in such property. is Cruz his girifriend and daughter. We respectfully ask that the Planning and Zoning Commission will consider this petition and our support as community. We believe that Mr. Cruz and J.L.O Hair Unisex Care bring value to our town. # Name Address Phone # Signature ill f �r i v� LLL1, 2 �/ y✓lG?�C P ✓ 2 ram, t q �Y�LL .,dam I fi' / _•t'"'" r<ljtq CI rf t lots o�kc C,c / f L 1' C, I 1 �Vj 1 I , f 1 v� j_ i �, l✓e l t:9cbtL \C f ' VqOq 61 ,� r' a&/ kL' YI6J L' otu wY , lY,67, ?FD6' l ` 00 raf* ri � ve. 141jlm 77 C,I (fr 411fljZ6o // ��� �f,F J&Q1 f)1i!o rjrckpt_ y Vjc-? _ t.5 i ipi ee--1 We, the citizens of the town of McHenry, petition the city to approve the occupancy of Mr. Alfredo Cruz at the property in 5114 W Elm St McHenry IL 60050. This residence being petitioned to be approved as a residential property instead of a commercial property. There is sufficient parking for the amount of residents who will reside in such property. Mr. Cruz his girlfriend and daughter. We respectfully ask that the Planning and Zoning Commission will consider this petition and our support as community. We believe that Mr. Cruz and 11.0 Hair Unisex Care bring value to our town. # Name Address Phone # Signature r k, N stfiI `� �(� (� 1r�� 5 dq, t �%� !; ttkgl ok nrotli tti 04 n 1 � ) . ` 0K� q f ``� 1 /k L J /�ILI(1c) lA �h/ 7Gf�(JS1 3 (jut11%crN )f 0 " s - A\ M ;lam YP - 2:77r`� r.�!`,'�( C> nc�!�i7 °�/l•� � .V 5'�iG/ �l_�rl� t' t� �����) % % �'� t_C/� i �J .. :� , C.c_ its C' X �lZfi � :i e� �A 's iC Eit v it '�i jcx -191 Ct�7s Ela,7' r. 7112 i �, We, the citizens of the town of McHenry, petition the city to approve the occupancy of Mr. Alfredo Cruz at the property in 5114 W Elm St McHenry IL 60050. This residence being petitioned to be approved as a residential property instead of a commercial property. There is sufficient parking for the amount of residents who will reside in such property. Mr. Cruz his girlfriend and daughter. We respectfully ask that the Planning and Zoning Commission will consider this petition and our support as community. We believe that Mr. Cruz and J.L.O Hair Unisex Care bring value to our town. # Name Address Phone # Signature It qvyj kt 4 J 16 "04 JZ L) xe/s gy, OZ ` 7 lS� �.. •' • CSC fI3 J ',M&LZ Cf z Is q 6(_ b We, the citizens of the town of McHenry, petition the city to approve the occupancy of Mr. Alfredo Cruz at the property in 5114 W Elm St McHenry IL 60050. This residence being petitioned to be approved as a residential property instead of a commercial property. There is sufficient parking for the amount of residents who will reside in such property. Mr. Cruz his girlfriend and daughter. We respectfully ask that the Planning and Zoning Commission will consider this petition and our support as community. We believe that Mr. Cruz and J.L.O Hair Unisex Care bring value to our town. # Name Address Phone # Signature citia hr'l(an.t~ � 'Cet���. T'[Ci. `���� ttsr�Ccck C ok rPoa DE \ Oydo rk 36 r -1 6, ,6 br 1'Li d ip ,1 6`L,-e,Lj) , , cMAA�T k (LOl d 'CMG 4, 500 �G A AO \ C. ZL eV A) i 0 LCij / We, the citizens of the town of McHenry, petition the city to approve the occupancy of Mr. Alfredo Cruz at the property in 5114 W Elm St McHenry IL 60056. This residence being petitioned to be approved as a residential property instead of a commercial property. There is sufficient parking for the amount of residents who will reside in such property. Mr. Cruz his girlfriend and daughter. We respectfully ask that the Planning and Zoning Commission will consider this petition and our support as community. We believe that Mr. Cruz and 11.0 Hair Unisex Care bring value to our town. # Name Address Phone # Signature App, 1/tib Oro& A 16 t, CS t425 ... C Y' S q 'Y' BI 6Z2 eol' :tam sfS)WS-yc55 t3? U. 7 yJt` a r lopeptr qFIFA.1,0 V lea kL M cip7ehk rV °t 400YO l l •th.. I )eJ14.11fillp"' /Viow [1: 0 LI VL-7 edaXWppe W/4 kppppi� k C> e,6 O d 2 G w '\ ' VV t 1 �� i�2'7 yPG1 (l G` ppj 2 krc�i i 7 � I C&L31L its o;) 1 PS 70 ` 6 2,31 ap)ice_ �uKei�e -z? R? �Z 81b, a� it .'SW :14.' _ ."� 'yTr vi iwe 44 s y y� �i IICE S 05 Or lk i FLO Ox- ,�OvIO • � . " i .fib"" r. '/ OOOrO­ �IL •SIP Or .00 ! s y If 0 or k ZL 40 r, r •.It 0`10 s,. _ 511.4' i .W Elm. �t / R w t'P ` i Y"It „� ` / �^ It p �. i •� r�- OWI 44 MP F 00 POO •. .t .•� '.ram •.f- Irr i " �r ; owe i r yeel - - - 00. �. .NUJ' 10, .- GoogIeNearth �,, • �+ } +M ;" 5733 fL-72U NcHem, I111noi.5 •^,beet tAeW Image capture: Oc[2072 Cp 20'ISGoogle 5114 W. Elm St., McHenry Page 1 of 1 Image capture: Oct 2012 GJ 2075 Google https://www.google.com/maps/@42.350006,-88.298223,3 a,20.5y,3 5.13h,86.8t/data=! 3m4! 1 e 1 ! 3m2! 1 sYuYUfDSNfinuwdZSttv... 4/14/2015 5114 W. Elm St., McHenry Page 1 of 1 51Y31L-Y2U IvicHeory, Illlnoln .;[reef Niew - Or.[ 2tli 2 Image capture: Oct 2012 6+2015 Goggle https://www.google.com/maps/@42.349887,-88.29763,3a,53.5y,354.53h,89.58t/data=!3m4! lel!3m2! 1s1NcbCgzkWndSEiXjdO... 4/14/2015 i° �t ' e\ �n IFGhI. QESCRImi: LOT 16 JN BLOCK 1 lid LARJEUtND PARK U441T 31 A SVODIMSION CF PART OF IHE 1%2 OF THE EAST1%2 OF SECT[al 23, TOVK14SHIP 45 NORTH, RANGE Sr EAST OF 7W. 7tf1R0 P1i13CEf'ltl >41ER141A11, ACCORD1,40 TO TVC PLAT THEREOF RECO.�2DE SEPT9,48ER $, 1953 r� DOC111d1RO 3ti I IPAL t3WK 11 OF PLATS, PAGE' 00, lct WliENRY CWl'gTY, ILUJOI5. ¢x Vv I H07E; Dt3i: TC! 'I ?I covltAeE somE FEATURES MAY NOT BE SHOWN �`' 1—Story Brick f, _ #5114 r Rea - 9x 18 5' 2—Sstary From e kr f S� err143 h c fJ 5016 W. Elm St., McHenry Page 1 of 1 Image capture: Oct 2012 GJ 2015 Google hops://www.google.com/maps/@42.349538,-88.295887,3a,75y,348.48h,74.53t/data=!3m4! 1e1 !3m2! 1smI9KXZR84gFb6Iw-qG... 4/14/2015 Image capture: Gct 2012 m2G15 Gocgle 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 FROM: Douglas Martin, Director of Economic Development FOR: June 1, 2015 Regular City Council Meeting RE: Sign Variances for 4100 Shamrock Lane (McHenry County College -Shah Center) ATT: 1. Location Maps and Photographs of Subject Property and Surrounding Area 2. Permanent Sign Variance Application Packet 3. Temporary Sign Variance Application Packet BACKGROUND: McHenry County College, which operates a satellite campus (Small Business Development Center) at 4100 vv Shamrock Lane (northwest corner of Shamrock Lane and South Illinois Route 31), is requesting three sign variances. The first is to exceed the maximum height for a permanent freestanding sign by 11'4; the second is to exceed the total maximum square footage for a freestanding sign permitted by 145 square feet (72.5 square feet on each face) and the third is to allow a temporary sign during construction and prior to the installation of the permanent sign until October 15, 2015. The building on the subject property was originally constructed as a hotel in 1986 and purchased by Northwest Bible Baptist Church in 2001 and subsequently purchased by McHenry County College in 2004. The building, known as the Shah Center, is used a small business development center and is an extension of McHenry County College. Professional development, continuing education, small business assistance, etc. are part of the services provided at this location. The property is zoned 0-2 Office Park however the use is classified as an assembly use in accordance with the City of McHenry zoning ordinance, which is defined as. ASSEMBLY, USE: A building, structure, place or parts thereof for groups of people to gather for an event or regularly scheduled program that is educational, cultural, spiritual, social, or recreational in nature. The only exceptions to this definition include: building, tenant space, 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 room or space used for public assembly purposes as defined herein with an occupant load of 25 persons or less and spaces less than 750 square feet in floor area. The proposed requests are part of a comprehensive educational and site enhancement effort, campus upgrades and branding initiatives being undertaken by McHenry County College. Last year the college received approval to construct a solar photovoltaic array and is currently completing renovations to the existing parking lot, as well as adding landscaping and other features to the site at the northwest corner of Shamrock Lane and Illinois Route 31. The proposed signage (permanent and temporary) design is consistent with their main campus in Crystal Lake. ANALYSIS: The subject property is immediately south of Centegra Hospital and lies east of vacant property owned by NIMED Corporation, which is also associated with Centegra. Directly to the east of the subject property across Illinois Route 31 are professional offices and vacant land -both located in unincorporated McHenry County. To the south of Shamrock Lane is Liberty Square Shopping Center, which includes retail, office and service -related businesses. In accordance with the City's sign ordinance assembly uses are permitted one permanent freestanding or wall sign, not4o-exceed 32 square feet in total area or six feet in height and freestanding signs must be setback a minimum of five feet from the property line. The freestanding sign proposed to be erected at the Shah Center is 17'8" in height, setback five feet from the new property line, set by the Illinois Department of Transportation, and has a total area of 177 square feet (88.5 square feet/sign face). Sign height is measured from the curb level of the nearest public street to a sign to the highest point of the sign. The curb elevation at Shamrock Lane and Illinois Route 31 is 832.19' and the elevation at the base of the sign is 831.83 thus a height variance of 11'4" is required. For reference purposes the existing sign (included in photographs included in this supplement) is 16' in height and 144 square feet in area (72 square feet/sign face) and protrudes into the current right-of-way. By definition sign area includes the total exposed surface on each face devoted to a sign's message however a freestanding sign is permitted two sign facings which must be identical or nearly identical. While the proposed sign is 177 square feet, each sign face equals 88.5 square feet. A maximum of 32 square feet is permitted/sign face. The proposed sign includes the "Shah Center" which is approximately 12.4 square feet/face; "McHenry County College" with accompanying logo which equals 35.6 square feet/face; and an electronic message board which equals 40 square feet/sign face. Therefore the sign area variance request equals 72.5 square- 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 feet on each sign face. The location of the proposed freestanding sign is approximately 30 feet from the existing sign. The college is also seeking a variance to allow a temporary sign to be erected during construction and prior to the installation of the permanent freestanding sign. The sign ordinance permits not -for -profit organization display signage in accordance with the provision below. Not -For -Profit Organization Displays One per street frontage, not to exceed 32 square feet in size and 8 feet in height, for a maximum of 15 days before and 3 days after the event. Additionally, an assembly use is also permitted a construction sign, which is defined as: Construction Sign A non -illuminated sign displayed prior to or during construction and removed thereafter that identifies a building under construction together with such information as the owner, the manager, the contractor and subcontractors, the architect and engineer, the source of financing, the projected date of completion, the major tenants, and related information. The proposed temporary sign, while complying with the dimensional requirements of both a construction and not -for -profit organizational display sign, does not fit within either of those categories as defined but does more closely comply with the characteristics associated with a temporary sign which are defined as: Temporary Sign Any sign that can be placed on a lot in anon- permanent, but structurally safe manner or that is securely attached to a building fagade for the purpose of advertising a grand opening, special sale, event, store closing, subdivision or development, and the like, including but not limited to banners, portable signs and sandwich boards. Temporary signs however are only permitted a maximum of 4 occasions per year, with a maximum display period of 30 days each occasion and a maximum cumulative total of 60 days per calendar year. A minimum of 30 days must elapse between each occasion. Due to the construction of the parking lot and other improvements McHenry County College would like to remove its permanent sign immediately and replace it with the temporary sign. The permanent 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 sign would be erected on the site by mid -October 2015; therefore; the maximum time period permitted for a temporary sign would be exceeded. In accordance with the sign ordinance the following standards are required to be satisfied in order for a sign variance to be approved. Sign Variance Standards The Council shall grant such relief only by a vote of a majority of its members and only if it finds that such relief: 1) Will not be materially detrimental to the public welfare or injurious to other property in the vicinity; 2) Will not impair an adequate supply of light and air to adjacent property, increase the danger of fire, endanger public safety, or substantially impair property values in the neighborhood; 3) Shall not give the property owner or business an unfair advantage over a similar business$ and 4) Will not cause a hazard to the public's safety by being distracting because of size, location, or being located within rights -of -way. Attached to this supplement staff has included various photographs depicting the location of the existing and proposed permanent and temporary signs. Due to the State of Illinois right-of- way taking the proposed replacement permanent sign will be setback more than 30 feet from where the existing freestanding sign currently lies and will be located west of the existing Liberty Square Shopping Center Sign (see attached photographs and site plan submitted by )pplicant). Due to the speed limit (45 mph) of Illinois Route 31 and setback of the proposed sign, which is out of the applicant's control; the proposed permanent sign needs be taller and larger in area for motorists to recognize and see the sign a timely manner so they will be able to react safely and access the Shah Center. Traveling south on Illinois Route 31 the sign will be more visible than it will be for motorists traveling north however there are a couple of trees which will still inhibit the view of a permanent sign for those driving south on Route 31. Due to the setback and speed at which traffic is moving; proximity of the Liberty Square sign; the proposed permanent sign, without a height and size variance, will not be within the sight line of a motorist traveling north until after they pass through the intersection of Shamrock Lane and Illinois Route 31. This renders 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 sign useless but could also pose hazard if motorists see the sign at the last minute and react instantaneously by turning westbound. The colors, shape and logo included on the permanent sign will also enhance a motorist's ability to clearly recognize and read the sign in a timely manner. Utilizing a consistent color and logo schematic for all McHenry County Colleges enables drivers to correlate the sign to the use on the property and having a different color for "Shah Center" will assist motorists in distinguishing the use of the building as the small business development and training center. The sign ordinance includes the following additional provisions for electronic message display boards which will ensure the sign is not a distraction. 3) Changing Electronic Message and Display Board Signs, as defined herein are permitted in accordance with the following provisions in addition to those set forth in Table 1 of the Sign Ordinance: 1. Changing electronic message and display board signs must be free standing. Changing electronic message wall signs are expressly prohibited; 2. All electronic messages displayed must be provided with automatic dimming software or solar sensors to control brightness for nighttime viewing and varying daytime lighting conditions; 3. All electronic or manually displayed messages on the sign shall only direct attention to a business, product, service or entertainment conducted, sold or offered on the premises on which the sign is located. Community emergency alerts such as inclement weather, or amber alerts, are exempt; 4. All electronic messages displayed must be programmed so the electronic message change occurs instantaneously, without use of scrolling, flashing, blinking, or other similar transitions. All electronic message signs must contain static messages only, changed only through dissolve or fade transitions, but which may otherwise not have movement or the appearance or optical illusion of movement varying light intensity, including any part of the board, design or pictorial segment. (MC441089). Staff does not have any concerns with the proposed permanent or temporary sign and believes the criteria for sign variances as related to both have been fulfilled. If the City Council concurs with staff's analysis it is recommended that variances to the sign ordinance be granted for 4100 W Shamrock Lane including: height variance of 11'4" and total sign area variance of 145 square feet (72.5 square feet/side) for the proposed permanent sign and proposed temporary sign be permitted until October 15, 2015. Both the permanent and 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 temporary signs shall be consistent with the attached renderings, area of placement on the subject property as well as the dimensional standards as proposed. 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 Maps -McHenry County College Shah Center C .-_W___: ", Location of Existing Permanent Sign Approximate Location of Proposed Permanent Sign Approximate Location of Proposed Temporary Sign View looking northwest at the subject property 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 View looking southwest at existing sign and proposed location of new permanent and temporary signs View looking north at existing sign and proposed location of new permanent and temporary signs 0 I Y--� r--- L- -_rn.- - �- _ mom -` ; " City of A1cHcnry L mmunity and onomic Developmentmmom Non -Residential Minor Permit ADDRESS: E SS. 4100 West Shamrock Lane ADD ESTIMATED COST OF CONSTRUCTION: Application Existing Use: Commercial ❑ Indust/Office ❑ H/C ❑ Air Conditioning ❑ Accessory Bldg ❑ Driveway/Lot Pav ❑ Demolition ❑ Electric ❑ Fence ❑ Furnace ❑ Fire Alarm ❑ Other: ❑ Fire Suppression ❑ Lawu Irrigation ❑ Masoiuy ❑ Retaining Wall (over ❑ Remodel/Alteration ❑ Seal Coating/Stripe ❑ Sidewalk/Stairs ❑ Siding Owner: McHenry County College Address: 8900 U.S. Highway 14 E-mail: twheeland@mchenry.edu Contractor: TBD Signs 0 Freestanding ❑ Wall ❑ Temporary to Over the Counter ❑ Water Heater PERMIT NO. Community & Economic Development 333. S. Green Street, McHenry, IL 60050 E-mail: CED @ci.mchenry.il.us (815) 363wIxI OFFICE USE ONLY ❑ Water/Sewer Repair Unit #: Phone: f 1 E-mail: Zoning Dis wnshipt: To/Pin. Flood Zorie: PERMIT FEES Plan Review: Building: Plumbing: Bond: Misc.Deposit: Due at Phone: $( 15 ) 455 - 3700 Y. Crystal Lake State: IL Zip: 60012 Electrical Contractor: TBD Submit a copy of an electrical license with this application. Plumbing Contractor: Phone: (� Submit the following: Letter of intent on plumbing contractors letterhead (with corporate seal, or notary seal) stating that they are doing this job; copy of State plumbing license; copy of certificate of State registration. Roofing Contractor: Phone: (� Note! Submit a copy of a State of Illinois roofing contractor license with this application, Notes: All information provided hereui is true and correct and all ordinances and codes of the City of McHenry shall. be complied with. I hereby represent and agree that, in consideration of this permit being issued, only the work herein applied for will be done and that the premises being worked on will only be used for the purposes set forth herein. I hereby indenu►ify the City, its officials and employees from any and all liability for damages, lawsuits, attorneys fees and injuries, including death sustained by anyone or damage to any property, including surveying errors and encroa Ichmeat liability which accrue against the City, its officials and employees relating to the work referenced herein. SIGNED: Approved By Fox orF10E IaE Issued Expiration Scanned fRev_4/141 Name: Date: Date: McHenry County College — Shah Center - Sign Regulation variance Request May 4, 2015 We are seeking relief from the sign regulations stated in the McHenry Municipal Code, chapter 7.50 — Signs for the proposed signage at the McHenry County College Shah Center building. This facility is located at the intersection of Illinois Route 31 and Shamrock Lane in McHenry, IL. We are seeking variances for sign height and sign square footage. We are seeking variances for these items because of site constraints (detailed below) such as the proposed Right -of -Way expansion of Illinois Route 31, adjacent property blocking view corridors, and existing topography. Most importantly the Shah Center is a significant community asset which is not very noticeable from Route 31 and therefore we would like to increase the visibility and awareness for this facility. Below is a list of the Institutional use sign regulations stated in chapter 7.50 of the McHenry Municipal Code as well as the variance for each item we are requesting. Institutional uses &Assembly uses: Sign Type: Wall or FS (Free Standing Sign) — We are seeking a variance to have a free standing monument sign that exceeds the size restrictions stated in the Municipal Code. The monument sign, being located at the southeast corner of the lot will help visitors and motorists on Route 31 identify the Shah Center location on Shamrock Lane. Max Area (Sg. Ft.): 32 Sq.Ft. — We are seeking a variance of 145 sq.ft. to have a free standing sign with an area of 177 sq.ft in order to increase visibility from Illinois Route 31 and help visitors identify the building as the Shah Center. Due to the R.O.W. expansion on IL Route 31, we are required to shift the monument sign much farther west from its existing location, away from IL Route 31. This will make it more difficult for the sign to be seen, especially for north bound traffic (see vision cones on Overall Plan). A larger sign with more space for the MCC logo, Shah Center text, and LED screens will be needed for the sign to be clearly visible as cars approach the building on IL Route 31. The LED component is critical for the Shah Center to inform the community of programs/classes and events. The LED is critical to the effectiveness of the sign, as this facility offers a variety of training and education sessions each Jay. This variety of services requires the need for signage to be fluid in its message and capable of promoting different events/sessions at different times. In order to have the LED text be readable from the travel lanes on Route 31 we have determined a minimum 9' wide screen is needed, preferable 10' with a 1' space on either side of the LED screen. Therefore, our actual sign width will need to be at least 11' for the base section and 16' 7" for the top section. Max Ht. (Ft.): 6' — We are seeking a variance of 11' 4" measured from the adjacent top of curb (TOC) on Shamrock. The TOC is at 832.19 and the base of the sign is roughly at 831.83. The sign is approximately 17'4" above the TOC, thus the need for the 11'4" variance. The justification for the variance is as follows: ➢ To increase visibility from Illinois Route 31- as mentioned above, a larger sign will be needed to be clearly visible as vehicles approach the building on IL Route 31. ➢ Additional height will help vehicles see the sign from farther away, giving them more time to anticipate turning onto Shamrock Lane. ➢ The on -site grade slopes away from IL Route 31, making the sign appear shorter and more difficult to see from a distance. Below are four criteria and our responses stated in Municipal Code chapter 7.50. 1) Will not be materially detrimental to the public welfare or injurious to other property in the vicinity; The proposed signage will not be located near drive aisles or pedestrian pathways and will be isolated from public and private gathering spaces. The immediate area around the sign is fairly open and will not be a detriment to the surrounding properties because it is set back 5' from the new Route 31 r.o.w. The proposed signage will have proper supports and will be engineered to withstand and exceed estimated wind and snow loads. 2J Will not impair an adequate supply of light and air to adjacent property, increase the danger of fire, endanger public safety, or substantially impair property values in the neighborhood; The prosed signage will not provide or subtract any significant amount of light or air to the subject site and the adjacent property. The signage will cause no increased risk of fire danger or endanger public safety in any way. The new signage will help the beautification of the Shah Center and the surrounding area. 3) Shall not give the property owner or business an unfair advantage over a similar business; The prosed signage will not give the Shah Center an unfair advantage over other business because it is not a commercial or retail store and is the only institution in this area of its kind. The signage will not block any other signs or buildings from view of passing traffic and the increase height and square footage will only allow the Shah Center sign to be seen just as well as the other signs in the area. 4J Will not cause a hazard to the public's safety by being distracting because of size, location, or being located within rights -of --way. The prosed signage will not cause a hazard to public safety by being distracting because it will be no more visible than the surrounding signs. The location of the sign is far from the intersection and outside of the current and proposed R.O.W., so it will not block vision of turning vehicles. Furthermore, it is not in a view shed or cone of sight of other businesses. Sincerely, Vicky Smith President of McHenry County College SIMPLE WITH SIMPLE WITH MCC LOGO (ENTRANCE) MCC LOGO (EXIT) Side f6r f Back I VISION CONE (TYP.)+./�/ O Irr G6 w SHAH CENTER PROP. DIRECTIONAL SIGN LOCATIONS fTTTT1 l 1 T ` • ram. �-••.s__�-�-.._e�___._� ....� .-••�- W. SHAMROCK DRAWN BY: arcu JaB DAiE a-n-so1 APPRDyEp: PLS JOB NDMBEIt: 681]DDSD �qp pA�; 5/4/2015 2:11:52 PM /AA LN _ � EXIST. MONUMENT SIGN (TO BE REMOVED) PROP. MONUMENT SIGN VISION GONE (TYP.) HFtc�n m m i,� ma .00,mmm m�: I xno..imm 1 OVERALL PLAN Sc l r - ♦W-D• NOT FOR CONSTRUCTION SHAH SIGN PACKAGE SHAH CENTER SIGN PACKAGE SHM ND' PROPOSED SIGNAGE EXHIBIT — OVERALL L.01 r / / / SHAH CENTER • P VFL CONE Y P .;ISION CON E (TYP.) /;' .. /% / ------- v / 4 O PROP, +MONUMENT SIGN _p17'4" FROM TOP OF CURB."e"/` . % 1 W. SHAMROCK LN owrWN Br: sKo roe onre o�-z,-z6u MPROVED: PLfi JOB NUMBER: B61S0030 CM OAIE: 5/{/2075 2:77:52 PM . V _ V SE OF SIGN: 831 .83 ; I� I� `VISION CONE (TYP.) � J i DETAILED PLAN SCQE: ,• _ ,o._o. — — � NOT FOR CONSTR 1 UCTIONU. mow MW6 SUM 100 SIGN PACKAGE SHAH CENTER SIGN PACKAGE Y, IWNCIS PROPOSED SIGNAGE EXHIBIT -DETAILED L.01 TEMPORARY SIGN @ RT 31 ENTRANCE SHAH CENTER --- -- y :: r..'...'.'.. PROPOSED PERMANENT SIG J' / ],� Iell IN > -TEMPORARY SIGN! ^ EXIST SIGN 1 V'�(TO BE REMOVEO)� NOTES AND SPECIFICATIONS ) �O _may=., ��J`CORNER OF SIGN SHOULD a/ BE A MINIMUM OF 5' FROM THE NEXIST. ROW / 3� SCALE: 1 " = 20' LOCATION • LOCATE TEMPORARY SIGN 5' OUTSIDE OF BUT ADJACENT TO THE EXISTING RIGHT OF WAY AS SHOWN ON THE PLAN VIEW EXHIIBIT • FINAL SIGN PANEL LOCATION TO BE STAKED IN THE FIELD AND TO BE REVIEWED AND APPROVED BY MCHENRY COUNTY COLLEGE BEFORE INSTALLATION TYPE AND DIMENSIONS OF SIGN • TEMPORARY SIGN TO BE TWO-SIDED AND PANELS TO BE 3MM ALUMINUM PLASTIC COMPOSITE WITH FULL COLOR GRAPHICS DEPICTING MCHENRY COUNTY COLLEGE LOGO AS SHOWN ON FRONT SECTION. GRAPHIC TO BE PLACED ON BOTH SIDES • THREE 4' X 6' 3MM ALUMINUM PLASTIC COMPOSITE PANELS WITH FULL COLOR PRINT TO CREATE 6' X 12' FRONT FACE PANEL PER EACH SIDE NSTALLATION SPECIFICATIONS • BOTTOM OF SIGN TO BE ELEVATED 2' ABOVE GRADE • THREE 4" X 6" X 12' PRESSURE TREATED LUMBER POSTS SUNK 3.5' BELOW GRADE IN CONCRETE FOOTINGS MINIMUM OF THREE 2"X4" BOARDS PLACE HORIZONTALLLY AS SHOWN ON THE PANEL SUPPORTS AND FRAMING DIAGRAM • ALL LUMBER PAINTED OFF-WHITE - PAINT COLOR TO BE APPROVED BY MCHENRY COUNTY COLLEGE • ALL FASTENERS STAINLESS STEEL CONCRETE FOOTINGS TO DIMENSIONS AS SHOWN ON THE FRONT SECTION LIGHTING (GROUND MOUNTED) • SIX PHILIPS iW BURST POWERCORE LED GROUND MOUNTED LIGHTS (THREE PER SIDE) - SEE ATTACHED SPECIFICATIONS • MOUNT LIGHTS 3.5 FEET FROM THE SIGN, 2 FEET FROM THE EDGE AND 6 FEET BETWEEN • ELECTRICITY AVAILABLE FROM NEAREST ADJACENT PARKING LOT LIGHTS DMWN H1: 5ND JOB DAZE: D5/14/3015 of APPRDVE➢: JOB NUMBER: 66130030 DI GD DATE; F CAD FlLE: \\HRCAIHNIS\DATA\B61]DD]D\GD\IgAPoMR! SIGN\YCC SNAH lE HRC'�een .`i,`:He s°.'>s">I°fel'iH�'ti IPa:.00nd,.� PANELS ON BOTH SIDES 32 SQUARE FEET OF TEXT/LOGO (64 TOTAL) McHenr l County College 1:=11�11�11'�11�R= 11�11�11'dll'�,11�11; II II'�I:Ilkll: ll I:II� 111" IN1111 11=1 li 11=11=11-11=11=1=11=,�� 11-11-II- mil1hIIF `-dll�llblll -11g11:=11-'' 6' X 12' PANEL 3MM ALUMINUM PLASTIC COMPOSITE PANEL WITH FULL COLOR PRINT CN TWO SIDES (DOUBLE -SIDED) 4' x 6'-POSTS (PRESSURE - TREATED PAINTE➢ OFF-WHITE) FINISHED GRADE FOOTING FRONT SECTION SCALE: 1" = 2' 12.01 En Oki 6' X 12' PANEL (2 SIDED) 2' X 4' PRESSURE TREATED LUMBER (HORIZONTAL to STABILIZERS) N II II II II II II II II II II II II PANEL SUPPORTS AND FRAMING SCALE: 1" = 2' MCHENRY COUNT( COLLEGE sHEEr Na. SHAH CENTER TEMPORARY SIGN 1 MCHENRY, IWN015 Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 ced@ci.mchenry.il.us AGENDA SUPPLEMENT DATE: June 1, 2015 T0: Mayor and City Council FROM: Derik Morefield, City Administrator Ryan Schwalenberg, Commercial Building Superintendent Jean Headley, Code Compliance Officer RE: Community Development Committee Recommendation to Amend Article XI —Fences, of the McHenry Municipal Code ATT: May 13, 2015 -Community Development Committee Meeting Minutes (Unapproved) Ordinance Amending Chapter 7, Article XI (Fences), McHenry Municipal Code Introduction In 2009 the City Council approved a comprehensive update to the City's fence regulations. This updated ordinance has proved useful however it has been identified that additional clarification or changes are needed to help reduce the number of fence variance requests being presented to Council and help reduce some apparent hardships being placed on property owners within the City. These proposed amendments were discussed by the Community Development Committee on Wednesday, May 13, 2015. The following section provides information regarding the background and staff analysis of each requested amendment; the proposed amendment recommendation by staff provided in BOLD; and the amendment as recommended by the Community Development Committee BOLDED and underlined. Background/Analysis L. Corner side yards —The ordinance currently allows fencing of any style up to six -feet in height to be located in the corner side yard as long as the fence is placed a minimum of 15- feet from the property line; unless the abutting property also has a corner side yard, then the setback can be reduced to five -feet. Several times a year variance requests are presented to Council regarding this issue. Staff recommendation for Committee consideration: Allow any style fence, up to six -feet in height, to be placed in the corner side yard with a minimum five-foot setback from the property line. It is also recommended that diagrams be included to better identify/clarify the definition of a corner side yard. Committee recommendation: Concurrence with staff recommendation and to ensure that line of sight is verified prior to corner side yard fence approval. NOTE: This recommendation is for residentially -zoned properties only. Non-residential properties maintain the fifteen (15) foot setback requirement. 2. Required front yards —The ordinance currently allows split rail with an overall height not to exceed 42-inches in the required front yard. From time to time residents request other open style fencing such as wrought iron or picket. Staff recommendation for Committee consideration: Allow split rail, picket and wrought iron style fencing in required front yard. If openness is a concern, a condition can also be included in the ordinance that would limit the opacity to a minimum of 50% to maintain visibility. Staff also rquested that the committee discuss increasing the overall height to 48-inches to allow the fencing to be used as an approved barrier for swimming pools if necessary. Committee recommendation: Concurrence with staff recommendation to allow split rail, picket and wrought iron style fencing in a required front yard with the condition that the opacity would be limited to 50% to maintain visibility. Committee did not concur with increased required front yard fence height to 48 inches. 3. Double Frontage lots —The ordinance currently does not allow wrought iron style, or chain link fencing to be installed in the required front yard of the lot frontage that does not have driveway access to the street. Properties along Dartmoor Drive, McCullom Lake Road and Crystal Lake Road are examples of double frontage lots without driveway access. Staff recommendation for Committee consideration: Allow chain link and wrought iron style fencing in these locations. It helps promote openness and if wrought iron style fencing is used can be more aesthetically pleasing. Committee recommendation: Concurrence with staff recommendation to allow chain link and wrought iron style fencing for required front yard frontage that does not have driveway access to the street. 4. Non—residential properties -When non-residential properties construct fences, chain link is usually the preferred choice. Section /-143 (b) requires that all chain link fencing be installed with the knuckle side of the fence facing up. Businesses usually use fencing for security purposes and in many cases place barbed wire along the top. Staff recommendation for Committee consideration: Remove the knuckle side up requirement for non-residential fencing on fences over six -feet in height so the "barbs" on the fence can face up. Chain link fencing under six -feet in height and all residential chain fencing would still require the knuckle side of the fence to be installed facing up. Committee recommendation: Concurrence with staff recommendation to remove knuckle side up requirement for non-residential fencing on fences over six -feet in height. 5. As stated earlier, non-residential properties sometimes install fencing with barbed wire along the top for security purposes. Current city sign regulations require the supporting arms for the barbed wire to be installed towards the interior of the property. This is in conflict with typical installation practice. When the arms face out they help reduce the likelihood a person can climb the fence. Staff recommendation for Committee consideration: Allow barbed wire supporting arms to face outwards as long as the barbed wire fence is over six -feet in height and no part of the arm or barbed wire extends beyond the property line. Committee recommendation: Concurrence with staff recommendation to allow barbed wire supporting arms to face outwards as lone as the barbed wire fence is over six -feet in height and no part of the arm or barbed wire extends beyond the property line. 6. Invisible (dog) fences —Finally, the fence regulations need to be reviewed and updated from time to time to keep up with new designs and technology. "Invisible" dog type fencing is becoming more popular and many residents are having it installed. There are no provisions contained in the code to either allow or prevent its use. Occasionally, the city's public works department finds the wire for this fencing located in city rights -of -way and even being run through culvert pipes located in drainage ditches. Residents walking on public walks or in streets where no walks are located can also be startled by dogs running towards them across yards that have these types of fences. They do not know if a barrier is in place to prevent the dog from attacking them or how close the dog can actually get to them before being stopped. Staff recommendation for Committee consideration: Is this type of fence one that the City would like to see regulated and, if so, what limitations would the Committee like to see placed on their use. Committee recommendation. Direction to staff to develop proposed language regarding invisible dog fences for future consideration. In addition to these areas of consideration, there are also some grammatical and specific title references (i.e., Construction and Neighborhood Services) that need to be corrected and/or updated. Recommendation If the City Council concurs with the recommendations of the Community Development Committee, consideration of a motion to approve the text amendments to Chapter 1 XI (Fences) of the Municipal Code as presented, is appropriate. COMMUNITY DEVELOPMENT COMMITTEE MEETING Wednesday, May 13, 2015 Aldermen's Conference Room, 7:00 p.m. In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson, Alderman Santi. Absent: None. Also in Attendance: City Administrator Morefield, and Deputy Cleric Marci Geraghty. Chairman Alderman Condon called the meeting to order at 7:00 PM. None. Public Input Session Review of Existing Fence Ordinance and Recommended Updates City Administrator Morefield relayed the difficulties staff is experiencing enforcing sections of the city's fence regulations. The committee's input and recommendations are sought to resolve some of these issues and direction to proceed with a formal update to Municipal Code Article XI (Fences) incorporating recommendations of the committee. Coiner Side Yards: Currently, fencing of any style up to 6-feet in height is permitted in the corner side yard as long as the fence is placed a minimum of 154eet from the property line. Staff is recommending an amendment to allow any style fence up to 64eet in height to be placed in the corner side yard with a minimum 5-foot setback from the property line. The committee concurred and recommended staff should be sure to inspect the area for possible line of site issues prior to issuing a permit. Required Front Yards: Currently, split rail fences with an overall height not to exceed 42- inches in the required front yard are permitted. From time to time residents request permission to install other types of open -style fencing. Staff is recommending an amendment to permit split rail, picket and wrought iron style fencing in the required front yard with a minimum opacity of 50% to maintain visibility; and, increasing the overall height to 4& inches to allow the fencing to be used as an approved barrier for swimming pools. The committee concurred with allowing the recommended types of open -style fencing with a minimum opacity of 50%, with no change to the maximum overall height requirement of 42- inches. Double Frontage Lots: Currently, the ordinance does not allow wrought iron style or chain link fencing in required front yard of the lot frontage that does not have driveway access to the street; properties along Dartmoor Drive, McCullom Lake Road, and Crystal Lake Road are examples. Staff recommends allowing chain link and wrought iron style fencing in these locations and the committee concurred. Non -Residential Properties: Currently, city ordinance requires all chain link fencing installed with knuckle side (twisted portion at the top of the fence) facing up. Non-residential property owners usually use fencing for security purposes and in many cases place barbed wire along the top. Staff is recommending removing the knuckle side up requirement for non-residential fencing over 64eet in height so the "bars" of the fence can face upward. Chain link fencing under 64eet in height and all residential chain link fencing would still require the "knuckle" side of the fence to face upward. Also, staff is recommending an Corrununity Development Committee Meeting May 11, 2015 Page 2 amendment to permit barbed wire supporting arms to face outwards as long as it is over 6- feet in height and no part of the arm or barbed wire shall extend beyond the property line. The committee concurred. Invisible Fences. Invisible style dog fencing is becoming more popular and many residents have installed invisible fencing around their homes. Currently, there are no provisions in the code to allow or prevent its use. Occasionally, the wire used for this type of fencing is found in the city right-of-way or installed through a culvert pipe located in drainage ditches. Residents walking and unaware of a home with an invisible fence are startled by dogs running towards them. Staff asked the committee for direction on possibly regulating this type of fencing and what type of limitations should be placed on the installation. The committee agreed invisible fencing should be setback from the property line. The committee directed staff to research other communities and schedule this topic for discussion at a future committee meeting. Update on Adoption of McHenry County Stormwater Management Ordinance, and Request to Schedule a Joint Meeting with the Public Works Committee City Administrator Morefield stated the McHenry County Board adopted an amendment to the Stormwater Management Ordinance on November 18, 2014 and because the city is certified by McHenry County to issue permits and enforce the provisions of the SWO, the City Council must adopt the new ordinance by December 1, 2015. As regulation of the SWO overlaps between Community Development and Public Works, it would be beneficial to schedule a workshop with members of the Community Development and Public Works Committees to review and discuss the new amendments prior to consideration by the City Council. The committee concurred and directed staff to schedule the workshop for a date this summer. Update on Amortization of Non -Conforming Signs and Request for Committee Recommendation for Further Action City Administrator Morefield noted the non -conformity provisions in the city's sign ordinance were approved in 2006. Property owners with non -conforming signs had until August 7, 2013 to bring their signs up to the new standards or pay an annual permit fee: Freestanding commercial < 15" high $400 Freestanding commercial sign > $800 Freestanding/Billboard offsite sign $1500 Portable signs $200 In October 2012, the City Council approved the Community Development Committee's recommendation for atwo-year extension of the amortization period to August 7, 2015. In 2012, the committee and council also included provisions whereby staff would send two letters to all impacted property owners, the first of which was sent in 2013. Staff also recorded with the county a Memorandum of Recording against all impacted properties to Community Development Committee Meeting May 11, 2015 Page 3 ensure compliance should the property be sold to anew owner. The second letter was mailed in 2014 alerting nonconforming property owners of the impending deadline. When letters were sent to property owners in 2013 and 2014 staff did receive some calls, many inquiring about their options: 1) Eliminate the nonconformity (height, size and/or setback); 2) Obtain a variance; or 3) Pay the annual re -inspection fee beginning in August 2015 as identified in the ordinance. As the August 2015 deadline approaches, staff has recently received feedback from several property owners expressing concerns about the deadline. To that end, staff wants to ensure that the committee and council are aware of the approaching deadline, possible legal implications, and procedures that will be utilized to enforce the regulations. Staff recommended the following action for the committee's consideration: • Present updated information to the committee at its June 22"d meeting including identifying the property owners that have complied with the regulations. • Identify the sign variances that have been granted by the Council since 2006. • Information on property owners who have to date not complied with the ordinance. • Updated legal opinion from the City Attorney outlining legal issues associated with non -conformity regulations including the legality of amortization and legal opinions and court cases since original passage of the ordinance in 2006. • Information on other communities that have enacted similar provisions. • Process moving forward to enforce the regulations as written. • Send letters to all remaining impacted property owners inviting them to the June CDC meeting. Alderman Condon expressed concern about property owners who have complied with the new regulations noting when the regulations were originally enacted, site lines and reduced setbacks caused by road improvements were taken into consideration. Alderman Peterson requested a list of non -conforming signs and added when the ordinance was amended in 2006 aesthetics were also taken into consideration. Alderman Santi concurred with the committee's statements and said he would consider another extension to the deadline. Community Development Committee Meeting May 11, 2015 Page 4 The committee directed staff to place this topic on the June CDC meeting agenda and to provide a list of property owners with non -conforming signs who have and have not complied to the committee prior to the meeting in June. Next Meeting Date The next meeting of the Community Development Committee is Monday, June 22"d at 7:00 PM in the Alderman's Conference Room, Other Business • Alderman Santi asked if La Hacienda restaurant on Front Street was still open for business. City Administrator Morefield answered yes; although the building is for sale the restaurant is still operating. Alderman Santi asked if the cellular phone business in the Riverplace development closed for business and Administrator Morefield answered yes. Also, Monaco's on West Route 120 is closed for business and the property will be sold soon to the owner of the Town Club on Riverside Drive who intends to open a bar/restaurant. • City Administrator Morefield informed the committee: • MTFPD and McHenry Police Department are working on development of an Intergovernmental Agreement to coordinate business inspections. • The Community &Economic Development Department is inundated with roof permits. The department performed 40 inspections today and more are scheduled. Many of the roofing companies are not state licensed making the inspection process difficult. Adjournment With no further business to discuss, Alderman Peterson made a motion, seconded by Alderman Santi to adjourn the meeting. Aye: Condon, Peterson, Santi Nay: None Abstaining: None Not Voting: None Absent: None Motion carried. Respectfully submitted, Geri Condon, Chairman ORDINANCE NO. MC-15- An Ordinance Amending the City of McHenry Municipal Code Chapter 7, Article XI, Fences WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, as follows: SECTION 1: That Chapter 7, Article XI Fences of the City of McHenry Municipal Code, shall be amended by deleting it in its entirety and replace it with the following. ARTICLE XI. FENCES* Sec. 7-141. Permit to erect; compliance with Article. (a) No fence shall be erected in the City unless a permit is obtained in advance and unless such fence is erected in compliance with the provisions of this Article within 90 days after such permit is issued. An accurate sketch showing the proposed location of the fence on the premises shall be furnished to the Department of Community & Economic Development at the time application is made for the permit to erect a fence. No fence permit shall be required for the installation of no more than two sections of fencing used for decorative or landscape purposes only with a maximum height not to exceed 42-inches. (b) Fees for residential and non-residential fences as established in Section 7-3 herein. (MC- 02-809) (c) Relief from Ordinance restrictions. Petitions for relief from the fence regulations herein shall be heard and decided by the City Council. Notice must be given to the owners of record of each parcel of real estate abutting or across a street or alley from any boundary of the property affected by the application. The owners of record for this purpose shall be considered those who paid property taxes for the most current year according to the Township records or County Treasurer. A completed property owner/current resident notification form provided by the city shall be attached to the application. (d) Application filing fee for relief from fence ordinance restrictions. There shall be a $175 application filing fee. * Cross reference— Fences for swimming pools, Sec. 22-20. Sec. 7-142. Required fencing. Hereafter, no occupancy permit shall be issued for or in connection with a residential dwelling consisting of 2 or more dwelling units whose premises abut upon a railroad right-of-way, unless the owner thereof constructs a chain link fence at least 6 feet in height along the entire length of the common boundary line between the premises and said railroad right-of-way. (MC-88- 442) Sec. 7-143. General standards. In addition to the standards prescribed in the following Sections of this Article, the following standards shall be followed in connection with all fences: (a) All fence posts and supporting fence members shall be erected so that after the fence is constructed they will face to the interior of the premises for which the fence permit is issued. (b) Electrified fences, snow fences, chicken wire, hog and farm -style fences are prohibited. (c) No stone, masonry or concrete fence shall be constructed unless it is supported by a foundation and footing which shall extend at least 42 inches below the finished grade of the ground on both sides of the fence. (d) Nothing contained in this Article shall be construed to restrict or limit the height of chain link fencing for the enclosure of non-residential sport venues such as tennis courts, baseball diamond backstops, etc. Sec. 7-144. Standards for fences on residentially zoned lots. (MC-07-942) The following standards shall apply to any site used for residential purposes: (a) Front and Corner Side Yards: No fence shall be installed closer than the required front or corner side yard setback established by the zoning district, except as follows: 1. Split rail, picket and wrought iron style fences may be installed in a required front yard so long as the fence maintains a minimum of 50% opacity and the height of said fence does not exceed 42 inches; 2. Any style fence may be installed in a corner side yard provided that the maximum height of said fence shall not exceed 72 inches, is located no closer than five feet from a corner side lot line, and providing that a clear line of sight for pedestrians and vehicles is maintained; 3. On a double frontage lot, split rail, chain link, or wrought iron style fencing may be located in a required front yard abutting a street, provided: i) Said yard shall not provide a means of vehicular access to the site; and, ii) Maximum height of fencing shall not exceed 72 inches. (b) Side and Rear Yards: Fences in side and rear yards shall not exceed 72 inches in height, except that where a residential lot abuts any non-residential lot, a fence shall not exceed 96 inches in height. (c) Obstructions: No fence shall obstruct the clear view of vehicular traffic using any abutting streets or public ways. (d) Use of barbed wire prohibited. The use of barbed wire in residentially zoned districts is prohibited. (e) Chain link fencing must be installed knuckle -side up. The use of spikes, broken glass, or other sharp or pointed instruments or materials intended or likely to cause injury to any person coming into contact therewith is prohibited. Sec. 7-145. Standards for fences on non -residentially zoned lots. The following standards shall be followed in connection with fences constructed upon premises used for non-residential purposes. (a) No fence shall be installed closer than the required front or corner side yard setback established by the zoning district, except as follows: 1. Split rail fences may be installed in a front or corner side yard provided that the maximum height of said fence shall not exceed 42 inches; 2. A fence in a corner side yard may be located no closer than fifteen feet from a corner side lot line, except where a corner side yard abuts another corner side yard, the fence may be located no closer than five feet from the corner side lot line. (b) No fence shall exceed 96 inches in height from the ground level. (c) Use of barbed wire. The use of barbed wire is permitted only at heights in excess of 72 inches above the ground level and all barbed wire supporting arms may either slope inward, toward the premises for which the fence permit is issued, or outward, providing the barbed wire fence is over 72 inches in height, and that no part of the arm or barbed wire extends beyond the property line. (d) Chain link fencing. Chain link fencing may be installed with or without the knuckle -side up. Other than the installation of barbed wire per the regulation above, the use of spikes, broken glass, or other sharp or pointed instruments or materials intended or likely to cause injury to any person coming into contact therewith is prohibited. Sec. 7-146. Dangerous or encroaching fences. (MC-09-986) It shall be unlawful for the owner, occupant or person in custody of any premises in the City having a fence thereon, to permit such fence in a state or condition of any such disrepair which is liable to cause injury to any person or to property, or which is liable to collapse, or which encroaches upon or leans upon the premises of another. If one or more sections of a fence and/or posts are removed because of damage, disrepair or otherwise the section(s) and/or posts) must be replaced with a fence similar in style, appearance and height consistent with the fencing immediately adjacent to, on either side of, the piece being replaced so as to have a consistent line of fence. Sec. 7-147. Penalty for violation of Article. Any person violating any of the provisions of this Article shall be subject to a fine of not less than $25.00 or more than $750.00 per day. (MC-96-654), (MC-12-1049) Sec. 7-148 - 7-160. Reserved. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts thereof in conflict are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. Voting Ave: Voting Nay: Not Voting: Abstaining: Absent: Passed and approved this 15t day of June, 2015. ATTEST: City Clerk SIGNED: Mayor Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us AGENDA SUPPLEMENT DATE: June 1, 2015 TO: Mayor and City Council FROM: Derik Morefield, City Administrator RE: Update Regarding Amendments to Water and Sewer Rates; Approval of an Ordinance authorizing the City of McHenry to borrow funds from the IEPA Water Pollution Control Loan Program in an amount not to exceed $35,000,000, that includes the Mayor and City Clerk's execution of the loan agreements and, Authorization for staff to seek competitive bids for the decommissioning of the Central Wastewater Treatment Plant and consolidation with the South Wastewater Treatment Plant ATT: Attachment A —Water Base Charge and Rate Adjustment Spreadsheet Attachment B — Sewer Base Charge and Rate Adjustment Spreadsheet Attachment C — Water/Sewer Rate Impact Analysis for Residential User Ordinance authorizing the City of McHenry to borrow funds from the Water Pollution Control Loan Program Background/Introduction At the May 11, 2015 Committee %J the Whole Meeting, City Council and Staff had the opportunity to discuss a number of issues related to the adjustment water and sewer rates based on the results of a water and sewer rate/cost of service study; the relationship between this study and the ability of the City to obtain a low -interest IEPA Water Pollution Control/State Revolving Fund Loan to fund the required decommissioning of the Central Wastewater Treatment Plant (CWWTP); and the timing involved with each of these processes. Since May 11th Staff has met to discuss the consensus direction provided by Council regarding water and sewer rates, and Counsel McArdle has received additional clarification regarding the Water Pollution Control/State Revolving Fund Loan Program requirements. Since these projects are related, in that the adoption of new water and sewer rates must demonstrate the City's ability to fund existing operating, maintenance and capital improvements of the existing system to be eligible for the Water Pollution Control/State Revolving Fund Loan Program, I will The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. attempt to provide Council with an update regarding each of these items and what is required at this time. Water and Sewer Rate Update During the course of the discussion of the May 11th meeting, the following items were identified as preferred for moving forward with the establishment of new water and sewer rates by consensus of the City Council: • A need to restate/address information from the Water and Sewer Rate and Cost of Service Analysis regarding the recommendation for charging varying rates for different user groups; • A recommendation to combine all residential categories (residential, condominium, apartment) in to a single "Residential' category, charged at the same water and sewer rate. • A methodology for defining/differentiating residential, commercial, industrial users and determining rate if more than one use exists in the same building. • Introduction of a base charge for water to ensure that an appropriate level of funding is generated for water system capital improvements. • An understanding and methodology for how the existing $6.00 debt service charge is applied to users of multi -tenant buildings and how the State Revolving Fund (SRF) debt service charge will be applied to these same users. Also, the introduction of an amendment to the ordinance that ensures that these charges accumulate during utility shut -offs for payment prior to reactivation. Subsequent discussions by Staff, including the City's legal counsel and HR Green, Inc., have focused on further analyzing the water and sewer rate considerations while attempting to incorporate the above Council consensus items into the following recommendations: • Water and sewer cost -of -service methodology; combining user classes; methodology for defining/differentiating residential, commercial, industrial users and determining rate if more than one use exists in the same building. Please reference Attachments A,Band C. The option of acost-of-service style rate system was pursued to create water and sewer rates that are set to appropriately allocate the cost of providing service among those who benefit from the service. This results in customers being charged fairly for the service they receive. This was the option that was recommended by Staff and selected by City Council to pursue in August 2014. 2 More clearly defined, the City's existing user classes (inside City) Residential, Commercial, Industrial, Condo, Apartment, Nursing Home/Congregate Care, and Hospital have historically been charged the same base charge and usage charge even though the costs associated with serving each customer class varies. The result has been that the residential user class has essentially subsidized the remainder of the classes. For the study, to determine the portion of costs that each billing class should fund, capacity factors were determined. These factors indicate how much demand customers place on the system during peak usage periods. When a large capacity factor is determined for a usage class, it indicates that a user has a high peak demand and a low non -peak demand. A lower capacity factor indicates a more steady use. For the high capacity factors, the City must invest in excess capacity throughout the system to handle the demand, but will have no revenue generated during the low demand period to pay for the excess capacity. Therefore, customers with higher capacity factors actually cost the City more to serve them. The other factor taken in to consideration is the number of users in each class, or the total volume used. The greater the number of users the larger the total cost to serve due to needing to provide more volume. An example of this is that an industrial user may be more costly to serve than a residential customer, but there are vastly more residential users than industrial users. At the request of the City Council, and as a way of simplifying the differentiation of user classes, the three Residential classes of users (Residential, Condo and Apartment) will now be considered within the same usage and volume category, thereby eliminating the potential problems of attempting to define each class independently. Using a weighted average of the water and sewer rate charges that were included in the Water and Sewer Rate Analysis/Cost of Service Study to maintain "fairness" amongst the user types results in a recommended water rate of $3.48 per 1,000 gallons and a recommended sewer rate of 3.64 per 1,000 gallons. For identification purposes, this grouping will be identified as "Class 1" users. In addition, attempting to justify differentiating rate charges for multiple use "users" — such as a commercial first floor and residential second floor, or between commercial and industrial users — became increasingly daunting due to the many potential variables. As such, Staff is recommending maintaining the same rate charges for Commercial and Industrial users as applied to the Residential classes - $3.48 per 1,000 gallons for water and $3.64 per 1,000 gallons sewer. Again, for identification purposes, this grouping will also be identified as "Class 1" users. As this methodology relates to the remaining classes —Nursing Home/Congregate Care and Hospital —these users have a greater and more consistent demand on the water system throughout the day and, as such, a higher rate applies. For sewer, there is less demand on the system throughout the day and during peak times and, as such, a lower rate applies. Therefore, for the Nursing Home/Congregate Care and Hospital classes, Staff is recommending a water rate of $3.73 per 1,000 gallons and a sewer rate of $3.52 per 1,000 gallons. This grouping will be identified as "Class 2" users. Finally, and not included in previous discussions, the City also provides metered sanitary service to the Waste Management facility located on Route 31. This facility is recommended for the same sewer use charge as Class 2 users however, to maintain them as a separate and distinct account, Waste Management will be identified as a "Class 3" user. • Per Council input, Staff is now recommending a water base charge in the amount of $2.00 be implemented for all user classes. This is in addition to the $4.00 sewer base charge that was previously recommended. • The Finance Department has confirmed that the existing $6.00 debt service charge is applied to individual "units" as distinct from a single $6.00 debt service charge on an account. So, for example, if a townhome complex has a single city meter but is sub - metered to four units, a $24 debt service charge is currently applied to this account. This is similarly done for condominiums, apartments and Commercial and Industrial multi -tenant buildings also. Staff will continue to research amending the existing ordinance language to ensure that the debt service charge, or any other water and sewer related charge that may be adopted, is included in any future water, sewer and/or debt service ordinances so that collection may occur at the time the account is reactivated. Water Pollution Control/State Revolving Fund Loan Program First, and most importantly, due to the scope and cost of the decommissioning project, the IEPA has now identified that the City delay adopting new water and sewer rates and a debt service ordinance for financing the decommissioning at this time. This is to ensure that when new rates are adopted and debt issued for the decommissioning project that they are appropriate to the scope of the loan based on project cost. Draft, unapproved, water and sewer rate ordinances that include the rates included in this supplement will be provided to the IEPA as part of the loan application package. What is required at this time by the IEPA, however, is the approval of an ordinance authorizing the application for the loan agreement for the Water Pollution Control/State Revolving Fund Loan Program. This allows for the formal review and processing of the loan to take place by the IEPA. During this process, the IEPA will ask that the City provide documentation regarding water and sewer rates and the adoption of a debt service ordinance that support the issuance of the loan. At that time the City will have to formally approve ordinances that identify the water and sewer rates to be charged, as well as for the issuance/repayment of debt for the project. Therefore, attached to this supplement is An Ordinance authorizing the City of McHenry, McHenry County, Illinois, to borrow funds from the Water Pollution Control Loan Program. A point that should be clarified for Council prior to consideration of the ordinance however, is the amount identified in the attached ordinance to be borrowed, referred to as "...amount not to exceed $35,000,000." As discussed at the May 11th meeting, the current cost estimate for the decommissioning based on having the engineering design completed is approximately $29 million. However, construction costs will not be known until the project is actually bid. While the City has been fortunate with bids coming in under the anticipated amount in some cases (Recreation Center), other projects are being bid higher (McCullom Lake Road). Because the City is responsible for costs over what is approved through the Water Pollution Control/State Revolving Fund Loan Program, Staff is recommending that the project amount that is included in the loan agreement request be set at an amount not to exceed $35 million, an amount sufficient to cover the potential for higher than expected project bids. Again, while we do not anticipate that the project will be bid at a total cost of $35 million, if the amount is set at $29 million and the bids come in at $31 million, the City would be responsible for the additional $2 million. As a point of information, the bi-monthly debt service charge for the user classes identified above will vary based on the same weighted average utilized in determining water and sewer rate adjustments. The table below provides an overall comparison, by defined user class of the per/1,000 gallon sewer and water charges and the bi-monthly anticipated debt service charge based on loan of amounts of $29 million and $35 million. Debt Service Debt Service (Bimonthly) based on (Bimonthly) based Description Sewer Rate Water Rate $29 Million on $35 Million Class 1 $3.64 $3.48 $26.81 $31.94 Class 2 $3.52 $3.73 $21190.82 $2,610.09 Class 3 $3.52 N/A $31067.15 $31654.12 It is still recommended that this debt service charge be implemented over a period of three (3) years (i.e., fora $29 million issuance a Class 1 user would pay - $9 bi-monthly year 1, $18 bi- monthly year 2, $27 bi-monthly year 3). These amounts are tentative based on the final loan amount. 5 Conclusion/Recommendation At this time what is being staff is moving forward with preparing the application for the Water Pollution Control Loan Program Agreement to the IEPA. Once this process begins, and based on the review and approval of information by the IEPA, Council will then be asked to adopt water and sewer rate ordinances that reflects the information that has been discussed above and on Attachments A and B, and to adopt a debt service ordinance identifying the financing methodology for the Water Pollution Control/State Revolving Fund Loan Program. What is being requested at this time is authorization from the Council to execute the documents required to submit this application. In addition, according to the project schedule provided to Council at the May 11t" Committee of the Whole Meeting, Staff must also seek competitive bids for the decommissioning/consolidation project in order to continue to meet the timing requirements of the loan process. As such, Council is being asked to authorize Staff to seek competitive bids at this time. Therefore, if Council concurs, it is recommended that a motion be made to adopt an Ordinance authorizing the City of McHenry to borrow funds from the IEPA Water Pollution Control Loan Program in an amount not to exceed $35,000,000, that includes the Mayor and City Clerk's execution of the loan agreement, and, Authorization for staff to seek competitive Ads for the decommissioning of the Central Wastewater Treatment Plant and consolidation with the South Wastewater Treatment Plant Water Base Fee Total Users Residential $ 2.00 35,339 Commercial $ 2.00 31247 Industrial $ 2.00 414 —_ Condo $ 2.00 4,296 Apartment $ 2.00 11125 - N.H./Cong. $ Care 2.00 46 Hospital $ 2.00 2_ ATTACHMENT A Annual Total Per 1,000 gallons Consumption $ $ 70,678,00 3.48 353,339 $ $ 6,494.00 3.48 105,583 $ $ 828.00 3.48 31,451 $ $ 81592,00 3.48 71,417 $ $ 21250,00 3.48 511437 $ $ 92.00 3.73 $ $ 49 1219 $ 88,982.00 $ 1,229,619.72 $ 367,428.84 $ 109,449.48 $ 248,531.16 $ 179,000,76 $ W81217JR $ 21226,731,65 Total Annual Sales Revs $ 1,300,297.72 $ 373,922.84 $ 110,277.48 $ 257,123.16 $ 181,250.76 $ 44,516030 $ 48,325,39 $ 2,315,713.65 NOTE: Regular Billing Only Estimated Other Revs (Penalties, Interest, Connection Fees, Bond Int Rebate) $ 128,200.00 Total Revenues $ 2,443,913.65 Estimated FY15-16 Budget $ 2,191,104.00 $ 252,809.65 ATTACHMENT B Sewer Base Fee Total Users Residential $ 4.00 35,343 Commercial $ 4.00 31239 Industrial $ 4,00 413 Condo $ 4.00 4,286 Apartment $ 4.00 11122 N.H. $ r tg.Care 4.00 48 HospifffI111111111111111111111' $ 4.00 26 Annual Total Per 1,000 gallons Consumption $ $ 141,372.00 3.64 353,339 $ $ 12,956.00 3.64 105,583 $ $ 1,652.00 3.64 31,451 $ $ 17,144,00 3,64 71,417 $ $ 4,488.00 3.64 51,437 $ $ 192.00 3.52 11,910 $ $ 104.00 3.52 12,943 $ 177,908,00 Total Annual Sales Revs $ $ 1,286,153.96 1,427,525.96 $ $ 384,322.12 397,278.12 $ $ 114,481,64 116,133.64 $ $ 259,957.88 277,101.88 $ $ 187,230.68 191,718.68 $ $ 41,923.20 4230 $ $ 45,559.36 45,663.36 $ $ 2,319,628.84 2,497,536.84 NOTE: Regular Billing Only Non -Metered SW $ 177,241,00 (725 accounts at yearly charge of 244.47) Village of McCullom Lake $ 28,577.84 3.64 x 7,406 (est consumption) + $4.00 x 405 (base charge) Estimated Other Revs (Penalties, Interest, Connection Fees, Bond Int Rebate) $ 147,048.00 Estimated Debt Service $ 400,000,00 Total Revenues $ 31250,403,68 Estimated FY1546 Budget $ 3,146,485.00 $ 103,918.68 ATTACHMENT C WATER/SEWER RATE ANALYSIS - RESIDENTIAL ONLY 06/01/15 Current Water/Sewer Rate Structure Proposed Water/Sewer Rate Structure Water Water 1ST 4,000 gallons = $12.44 Base Charge for Capital = $2.00 Per gallon over 4,000 = $3.11 Per gallon rate = $3.48 Sewer Sewer Per gallon rate = $3.49 Base Charge for Capital = $4.00 Per gallon rate = $3.64 Debt Service Charge for Existing Bond Payments = $6.00 Debt Service Charge for Existing Bond Payments = $6.00 Example #1: 2,000 gallons metered Example #1: 2,000 gallons metered Water (base charge only) $12.44 Water Base Charge for Capital $2.00 Sewer ($3.49 x 2) $6.98 Water Metered Charge ($3.48 x 2) $6.96 Existing Debt Service Charge $6.00 Sewer Base Charge for Capital $4.00 Sewer Metered Charge ($3.64 x 2) $7.28 Existing Debt Service Charge $6.00 Total Water/Sewer for 2-month period $25.42 Total Water/Sewer for 2-month period $26.24 Example #1: 4,000 gallons metered Example #1: 4,000 gallons metered Water (base charge only) $12.44 Water Base Charge for Capital $2.00 Sewer ($3.49 x 4) $13.96 Water Metered Charge ($3.48 x 4) $13.92 Existing Debt Service Charge $6.00 Sewer Base Charge for Capital $4.00 Sewer Metered Charge ($3.64 x 4) $14.56 Existing Debt Service Charge $6.00 Total Water/Sewer for 2-month period $32.40 Total Water/Sewer for 2-month period $40A8 Example #2: 10,000 gallons metered Example #2: 10,000 gallons metered Water (base charge) $12.44 Water Base Charge for Capital $2.00 Water ($3.11 x 6) $18.66 Water Metered Charge ($3.48 x 10) $34.80 Sewer ($3.49 x 10) $34.90 Sewer Base Charge for Capital $4.00 Existing Debt Service Charge $6.00 Sewer Metered Charge ($3.64 x 10) $36.40 Existing Debt Service Charge $6.00 Total Water/Sewer for 2-month period $72.00 Total Water/Sewer for 2-month period $83.20 ORDINANCE NO: An Ordinance authorizing the City of McHenry, McHenry County, Illinois, to borrow funds from the Water Pollution Control Loan Program WHEREAS, the City of McHenry, McHenry County, Illinois operates its sewerages system (the "System"), 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 in accordance with those provisions and the Local Government Debt Reform Act, 30 ILCS 350/1 et seq. (collectively the "Act"); and WHEREAS, the Mayor and City Council of the City (the "Corporate Authorities") have determined that it is advisable, necessary, and in the best interest of the public health, safety, and welfare to improve the System, including the following: the McHenry wastewater treatment Facility consolidation consisting of upgrades to the McHenry South wastewater treatment plant to allow the Central wastewater treatment plant to be abandoned. The upgrades include a regional pump station at Central plant to pump the flow to the South wastewater treatment plant. The South wastewater treatment plant upgrades include microscreens, sequencing batch reactors, disc filtration, and UV disinfection for normal flows along the existing treatment train of oxidation ditches and final clarifiers. A high rate clarifier is proposed to treat storm peaks with the flow then passing through the proposed UV disinfection. A sludge dryer is also proposed for sludge handling, together with any land or rights in land and all electrical, mechanical or other services necessary, useful or advisable to the construction and installation (the "Project"), all in accordance with the plans and specifications prepared by the consulting engineers of the City, which Project has a useful life of greater than twenty years; and WHEREAS, the estimated costs of construction and installation of the Project, including engineering, legal, financial and other related expenses does not exceed $3550005000.005 and there are insufficient funds on hand and lawfully available to pay these costs; and WHEREAS, the loan shall bear an interest rate as defined by 35 Ill. Adm. Code 365, which does not exceed the maximum rate authorized by the Bond Authorization Act, as amended, 30 ILCS 305/0.01 et seq., at the time of the issuance of the loan; and WHEREAS, the principal and interest payment shall be payable semi-annually, and the loan shall mature in 20 years, which is within the period of useful life of the Project; and WHEREAS, the costs are expected to be paid for with a loan to the City from the Water Pollution Control Loan Program through the Illinois Environmental Protection Agency, the loan to be repaid from dedicated revenues or revenue from the System and the loan is authorized to be accepted at this time pursuant to the Act; and IEPA Loan, Page 1 WHEREAS, in accordance with the provisions of the Act, the City is authorized to borrow funds from the Water Pollution Control Loan Program in the aggregate principal amount not to exceed $35,000,000.00 to provide funds to pay the costs of the Project; and WHEREAS, the loan to the City shall be made pursuant to a Loan Agreement, including certain terms and conditions between the City and the Illinois Environmental Protection Agency; NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Incorporation of Preambles. The Corporate Authorities hereby find that the recitals contained in the preambles are true and correct, and incorporate them into this Ordinance by this reference. SECTION 2: Determination to Borrow Funds. It is necessary and in the best interests of the City to construct the Project for the public health, safety, and welfare, in accordance with the plans and specifications, as described; that the System continues to be operated in accordance with the provisions of the Illinois Environmental Protection Act, 415 ILCS 511 et seq.; and that for the purpose of constructing the Project, it is hereby authorized that funds be borrowed by the City in the aggregate principal amount not to exceed $35,000,000.00. SECTION 3: Additional Ordinances. The Corporate Authorities may adopt additional ordinances or proceedings supplementing or amending this Ordinance, providing for entering into the Loan Agreement with the Illinois Environmental Protection Agency, prescribing all the details of the Loan Agreement, and providing for the collection, segregation and distribution of the dedicated revenues or revenue from the System so long as the maximum amount of the Loan Agreement as set forth in this Ordinance is not exceeded and there is no material change in the project or purposes described herein. Any additional ordinances or proceedings shall in all instances become effective in accordance with the Act or other applicable laws. This Ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for entering into the Loan Agreement under applicable law. However, notwithstanding the above, the City may not adopt additional ordinances or amendments which provide for any substantive or material change in the scope and intent of this Ordinance, including but not limited to interest rate, preference or priority of any other ordinance with this Ordinance, parity of any other ordinance with this Ordinance, or otherwise alter or impair the obligation of the City to pay the principal and interest due to the Water Pollution Control Loan Program without the written consent of the Illinois Environmental Protection Agency. SECTION 4: Loan not Indebtedness of City. Repayment of the loan to the Illinois Environmental Protection Agency by the City pursuant to this Ordinance is to be solely from the revenue derived from dedicated revenues or revenues from the System and the loan does not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. IEPA Loan, Page 2 SECTION 5: Application for Loan. The City Administrator is hereby authorized to make application to the Illinois Environmental Protection Agency for a loan through the Water Pollution Control Loan Program, in accordance with the loan requirements set out in 35 Ill. Adm. Code 365. SECTION 6: Acceptance of Loan Agreement. The Corporate Authorities hereby authorize acceptance of the offer of a loan through the Water Pollution Control Loan Program, including all terms and conditions of the Loan Agreement as well as all special conditions contained therein and made a part thereof by reference. The Corporate Authorities further agree that the loan funds awarded shall be used solely for the purposes of the project as approved by the Illinois Environmental Protection Agency in accordance with the terms and conditions of the Loan Agreement. SECTION 7: Authorization of Moor and City Clerk to Execute Loan Agreement. The Mayor and City Clerk are hereby authorized and directed to execute the Loan Agreement with the Illinois Environmental Protection Agency. The Corporate Authorities may authorize by resolution a person other than the Mayor for the sole purpose of authorizing or executing any documents associated with payment requests or reimbursements from the Illinois Environmental Protection Agency in connection with this loan. SECTION 8: Severability. If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 9: Repealer. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION l0: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Voting Aye: Voting Nay: Absent: Abstain: (SEAL) ATTEST: City Clerk Janice C. Jones Passed: Approved: Z:\M\McHenryCityoflordinances\IEPALoan. doc APPROVED: Mayor Susan E. Low IEPA Loan, Page 3 CERTIFICAII I, JANICE C.1 NES, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the day of 2015, the foregoing Ordinance entitled An Ordinance authorizing the City of McHenry, McHenry County, Illinois, to borrow funds from the Water Pollution Control Loan Program, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the day of 2015, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of (SEAL) Janice C. Jones, Clerk City of McHenry, McHenry County, Illinois 2015. IEPA Loan, Page 4