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Packet - 07/20/2015 - City Council
AGENDA REGULAR CITY COUNCIL MEETING Monday, July 20, 2015, 7:00 PM 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. City of McHenry Mission Statement 5. Call to order the Public Hearing regarding a proposed Amendment to the Annexation Agreement for the Preserves of Boone Creek • Public Comment • Council Comments • Motion to close the Public Hearing a) Motion to approve an Ordinance authorizing the Mayor and City Clerk's execution of the proposed Amendment to the Annexation Agreement for the Preserves of Boone Creek 6. Call to order the Public Hearing regarding a proposed Annexation Agreement with The Chapel for the property located at 1809 S Route 31 • Public Comment • Council Comments • Motion to close the Public Hearing a) Motion to approve an Ordinance authorizing the Mayor's execution of an annexation agreement between the City of McHenry and The Chapel; b) Motion to approve an Ordinance annexing the property at 1809 South Illinois Route 31; c) Motion to approve an Ordinance authorizing a conditional use permit to allow an assembly use including a one-night/week use as a PADS (Public Action to Deliver Shelter) for the property located at 1809 South Illinois Route 31 with stated conditions; d) Motion to approve temporary sign variances to allow two freestanding signs and a billboard which currently exist on the property located at 1809 S Route 31. 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. wa McHenry City Council Meeting Agenda July 20, 2015 Page Two 7. Call to order the Public Hearing: Public Hearing for presentation of the Fiscal Year 2015/16 Appropriation Ordinance in the amount of $44,638,069 a) Motion to approve the Fiscal Year 2015/16 Appropriation Ordinance in the amount of $44,638,069 to be filed with the County Clerk pursuant to Illinois State Statute within 30 days of adoption 8. 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. 9. Motion to approve the following Consent Agenda Items: A. Special Event Liquor License for St. Patrick Catholic Church Oktoberfest on September 26th; B. McHenry Elementary School Foundation request to close portions of Glenbrook Trail & Dartmoor Drive and city support services for the 14`h Annual Run/Walk-a-Thon for Literacy, September 6th; C. Parks Special Use/Picnic Permits; D. Block Party on Eisenhower Blvd, Liberty Trails Subdivision; E. June 15, 2015 City Council meeting minutes; and F. As Needed Checks in the amount of $110,062.55; and G. List of Bills in the amount of $548,232.23. 10. Motion to approve sign variances for REMAX Plaza, 4005 Kane Avenue to allow an additional wall sign for Units L, M, O, and P 11. Motion to approve application from Old Town Pizza of McHenry d/b/a Old Town Pizza located at 514 S Route 31 for a Class H liquor license and ordinance increasing the number of Class H liquor license in effect from four (4) to five (5) 12. Motion to approve an application from McMart, Inc. d/b/a McHenry Marathon located at 4608 W. Crystal Lake Road for a Class F3 liquor license and ordinance increasing the number of Class F3 liquor license in effect from five (5) to six (6) 13. Motion to approve an Ordinance granting a Use Variance to allow an open sales lot, outdoor storage, and bulk fuel storage for Big R Stores located at 1860 N Richmond Road 14. Motion to approve an Ordinance authorizing the Mayor's execution of an Economic Incentive Agreement between the City of McHenry and Central Big R Stores related to the property at 1860 N Richmond Road 15. Motion to approve an Ordinance amending Municipal Code Chapter 7.50 Signs, Section 7.50.2, Subsection E, Paragraph 2 Nonconforming Signs 16. Motion to approve the Public Works Committee recommendation and approve an Ordinance repealing and replacing amending Municipal Code Chapter 13, Motor Vehicles and Traffic, Articles 7 and 8 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. w9 McHenry City Council Meeting Agenda July 20, 2015 Page Two 17. Mayor's Statement and Reports 18. Committee Reports 19. Staff Reports 20. Future Agenda Items 21. Adjournment The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us PUBLIC HEARING TO: Mayor and City Council FOR: July 20, 2015 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Public Hearing and consideration of the First Amendment to the Preserves of Boone Creek Annexation Agreement including acceptance of a Plat of Dedication for Right -of -Way along Bull Valley and Curran Roads ATT: 1. Location Map 2. Ordinance authorizing execution of the First Amendment to the Preserves of Boone Creek Annexation Agreement 3. Draft First Amendment to the Preserves of Boone Creek Annexation Agreement 4. Originally approved (April 11, 2005) Preserves of Boone Creek Annexation Agreement 5. Plat of Dedication for Right -of -Way along Bull Valley and Curran Roads BACKGROUND: On April 11, 2005 the City entered into an annexation agreement for the subdivision and development of the approximately 300-acre property north of Bull Valley Road and east and west of Curran Roads. The agreement includes the approval of a concept plan for the development of 414 single-family homes, 136 townhome dwelling units and commercial property at the intersection of Bull Valley and Curran Roads. Due to the downturn in the economy the development was annexed and zoned however has not received any type of subdivision plat approval (preliminary or final). At the June 15, 2015 City Council meeting staff brought forth a proposed amendment to the Preserves of Boone Creek Annexation Agreement. Due to increasing traffic and safety concerns at the intersection of Curran and Bull Valley Roads staff sought funds, through the McHenry County Council of Mayors Surface Transportation Policy program to facilitate the completion of roadway improvements to this intersection. The improvements include the installation of a traffic signal and corresponding roadway widening and construction of turn lanes at Curran and FI 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 Bull Valley Roads. In order to complete these roadway improvements, however additional right-of-way along Curran and Bull Valley Roads is required. Staff approached Roger Gerstad to discuss obtaining the right-of-way necessary. Obtaining the right-of-way required in a timely manner to complete this project is critical in order to preserve the grant funding. Approaching Mr. Gerstad to obtain the right-of-way necessary and amending the Preserves of Boone Creek Annexation Agreement to do so as opposed to a more formal land acquisition process was in staff's belief, a more efficient option. In exchange for dedicating the right-of-way staff proposed extending the current Preserves of Boone Creek Annexation Agreement for an additional 10 years which will expire in April 2025 without a 10- year extension. Concerns were expressed at the City Council meeting pertaining to the amendment staff proposed including: • There was no increase associated with the $400,000 road contribution/in-kind roadway improvement amount, to be utilized for improvements to the Curran/Bull Valley Road intersection which was in the original agreement as it related to the proposed 10-year extension proposed as part of the amendment to the annexation agreement; • Status of the West McHenry Bypass and assuring the necessary right-of-way could be acquired should the bypass or additional roadway improvements along the bypass route be constructed in the future; • Consideration of a roundabout at the intersection of Curran and Bull Valley Road as opposed to a traditional traffic control signal with turn lanes. ANALYSIS: Following the meeting on June 15, 2015 staff spoke with Mr. Gerstad about the concerns and researched the status of the West McHenry Bypass. As a result the following provisions have been included in a redraft of the First Amendment to the Preserves of Boone Creek Annexation Agreement. • The McHenry County 2040 Long .Range Transportation Plan includes a Motorized Vehicle Plan; List of Future Motor Vehicle Projects and Motor Vehicles Projects and Plan Goals Evaluation Summary, which staff has attached as an exhibit to the proposed amendment. While the West McHenry Bypass is not formally included or mentioned in the County's long-range plan, there is a proposed New Congestion Mitigation Route proposed southwest of McHenry, which extends from Illinois Route 31 west and crossing the Union Pacific Railroad Tracks extending west of Crystal Lake Road and north along Curran Road bisecting the Preserves of Boone Creek property. Staff and City 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 Attorney redrafted the paragraph in the original annexation agreement addressing the West McHenry Bypass and included the aforementioned changes. • Mr. Gerstad has agreed to an increase on the $400,000 road contribution amount beginning on May 1, 2025 and each subsequent year through 2035 which includes the 10-year extension. The $400,000 amount will be adjusted upward by the percent that the Chicago Area Price Index increases from the preceding year for that ten-year time period; • Mr. Gerstad has agreed to dedicate all the right-of-way along Curran Road beyond the right-of-way dedication considered at the June 15, 2015 meeting. This additional right- of-way amounts to a 90' X 1,333' dedication along the east side of Curran Road or 2.75 acres and includes the entire northern property extension of the Preserves of Boone Creek Subdivision. Previously, the right-of-way dedication was 1,240' X 180' or 5.12 acres to accommodate the immediate improvements to the intersection of Curran and Bull Valley Roads; • Staff researched the construction of a proposed roundabout as an alternative to a traditional intersection and this was considered and evaluated as a potential option. However at this location a roundabout would be need to accommodate multiple lanes within the roundabout due to the future traffic volumes at the intersection. Therefore a roundabout at this location, while being a potential alternative, was determined to be undesirable from an engineering and functionality perspective and therefore not pursued due to the planned land uses and traffic volumes which will need to be accommodated as well as the amount of additional land/right-way which would be required. If the City Council concurs it's recommended to approve the attached ordinance authorizing the Mayor's execution of the First Amendment to the Preserves of Boone Creek Annexation Agreement between the City of McHenry, First Midwest Bank Trust #4562, First Midwest Bank Trust #13375 and Gerstad Builders. (Mayor and City Council vote 2/3 majority or 6 votes required for approval). �3 neawT os rye cax 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 AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE PRESERVES OF BOONE CREEK ANNEXATION AGREEMENT DATED APRIL 11, 2005 BETWEEN THE CITY OF MCHENRY, A MUNICIPAL CORPORATION, IN THE STATE OF ILLINOIS ("CITY"), FIRST MIDWEST BANK TRUST #4562, FIRST MIDWEST BANK TRUST #13375 ("OWNERS") AND GERSTAD BUILDERS ("BENEFICIARY AND DEVELOPER") IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and WHEREAS, notice of a public hearing was published in the Northwest Herald, a newspaper of general circulation in the City of McHenry, within the time provided by law, notifying the public of a hearing on said proposed First Amendment to the Preserves of Boone Creek Annexation Agreement before the Corporate Authorities of the City of McHenry; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that entry into said First Amendment to the Preserves of Boone Creek Annexation Agreement is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Mayor and City Clerk are hereby authorized to execute the First Amendment to the Preserves of Boone Creek Annexation Agreement, a true and correct copy of which is attached hereto. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such 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 judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. PASSED THIS DAY OF AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS ATTEST: City Clerk Janice C. Jones DAY OF 2015 2015 Mayor Susan E. Low Ciq of McHenry 333 South Green Street McHenry, Illinois 60050-5642 (815) 363-2100 FAX: (815) 363-2119 NCHENRY COUNTY RECORDER PHYLLIS R. WALTERS 08/17/2005 W4 0 042r- Jos ss r�STAMP FEE STAMP FEE I, Kathleen M. Kunzer, Deputy City Clerl� in and for the City of McHenry, Illinois, do hereby certify that ache attached document is a true and correct copy of City of McHenry Ordinance R10. 0RD-05-1261, authorizing the Mayor's execution of an annexation agreement for the Adams Farm Property, the Preserves of Boone Creels, comprised of approximately 300 acres. Said Ordinance was passed and approved by the McHenry City Council at a regularly scheduled meeting held on the 11th day of April, 2005, and was signed by the Mayor of the City of McHenry on April 11, 20Q5. - . IN TiSI�SS TnTHHREOF, I have hereunto set my hand and if 6 A!d ttP6 corporate seal of the City of McHenry, Illinois this q o 16th day, of, August, 2005. o ts of a- •: Kathleen M. Kunzer, Deputy ity Clerk of the City of McHenry, Illinois Pregi" �y and Mail to City of McHenry n� Office of the City Clerk 1 333 S. Green Street McHenry IL 60050 515-363-2100 OS-46-0077 ORDINANCE NO. ORD-05-1261 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE PRESERVES OF BOONE CREEK ANNEXATION AGREEMENT FOR A 300 ACRE PROPERTY LOCATED ON THE EAST AND WEST SIDES OF CURRAN ROAD, AND THE NORTH SIDE OF BULL VALLEY ROAD, IN MCHENRY COUNTY, ILLINOIS WHEREAS, and First Midwest Bank Trust #4562, First Midwest Bank Trust #13375 and Gerstad Builders (hereinafter collectively referred to as "OWNER") are the legal owners of record of the real estate located on the east and west sides of Curran Road, and on the north side of Bull Valley Road, in McHenry County, Illinois; and WHEREAS, the OWNER and the City desire to enter into an annexation agreement to provide for the development of said real estate; and WHEREAS, notice of a public hearing was published in theNorthwest Herald, a newspaper o£general circulation in the City of McHenry, within the time provided bylaw, notifying the public of a hearing on said Annexation Agreement before the Corporate Authorities of the City of McHenry; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required bylaw and have found that entry into said Annexation Agreement is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, II,LINOIS AS FOLLOWS: SECTION l : The annexation agreement, bearing the date of April 5, 2005, between the City of McHenry, a Municipal Corporation in the State of Illinois, and First Midwest Bank Trust #4562, First Midwest Bank Trust # 13375 and Gerstad Builders, record owners, be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "The Preserves of Boone Creek Annexation Agreement", is attached to this ordinance and incorporated herein by reference. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said annexation agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. 1 f f l SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, Luld publication in pamphlet form as provided by law. PASSED THIS �_ DAY OF Apt I� , 2005 AYES; BOLGER,LOW, WIMMER, PETERSON, CONDOM NAYS: GLAB, MURGATROYD ABSTAINED; NONE ABSENT: NONE NOT VOTING: NON E APPROVED THIS ATTEST: 11TN DAY OF APRI L , 2005 2 �4" ( AYOR 05-�6-�10?9 THE PRESERVES OF BOONE CREEK ANNEXATION AGREEMENT This Agreement made and entered into this 11day of April, 2005, by and between the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"), and FIRST MIDWEST BANK TRUST #4562, FIRST MIDWEST BANK TRUST #13375 AND GERSTAD BUILDERS (hereinafter collectively referred to as "OWNER'). RECITALS A. The OWNER holds fee simple title to the real estate legally described on Exhibit A, attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "SUBJECT PROPERTY". B. The OWNER has filed with the City Clerk a Petition for Annexation of the SUBECT PROPERTY to the CITY, contingent upon the terms and provisions of this Agreement, which Petition has been filed in accordance with 65 ILCS 5/7-I -8, and the ordinances of the CITY. C. The SUBJECT PROPERTY is currently improved with one single-family residence and farm buildings on the north side of Bull Valley Road, and is zoned A-1, Agricultural, pursuant to the McHenry County Zoning Ordinance. D. The SUBJECT PROPERTY has electors residing thereon, and each elector has properly executed the Petition for Annexation to the CITY. E. The SUBJECT PROPERTY consists of contiguous tracts of land, separated only by public road rights -of --way, all of which are not within the corporate boundaries of any municipality or subject to an Annexation Agreement with any other municipality, and are presently contiguous to and may be annexed to the CITY in accordance with 65 ILCS 5/7-1-1, et seq. F. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in accordance with the terms of this Agreement. G. The CITY has determined that the annexation of the SUBJECT PROPERTY in accordance with the terms of this Agreement is in the best interest of the CITY, will promote sound planning and growth of the CITY, and otherwise enhance and promote the general welfare of the CITY and its residents. H. The CITY does not provide library or fire protection services to the SUBJECT PROPERTY, so notice to the Fire Protection District or Public Library District of the annexation of the SUBJECT PROPERTY is not required. I. The annexation of the SUBJECT PROPERTY will include a portion of highway under the jurisdiction of Nunda Township, so notice of the annexation of the SUBJECT PROPERTY has been served to the Nunda Township Commissioner of Highways and Board of Town Trustees by certified mail. J. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/1 I-15.1-1, et seq. Page 1 of 18 o�-�E-ooso K. Prior to the date of this Agreement, all public hearings were held upon proper notice and publications as are required for the CITY to effect the terms of this Agreement. NOW THEREFORE, in consideration of their respective agreements set out herein, the CITY and OWNER HEREBY AGREE AS FOLLOWS. 1. Annexation. Upon execution of this Agreement, as allowable by law, the CITY shall enact an ordinance annexing the SUBJECT PROPERTY. A copy of said ordinance, together with an accurate plat of the SUBJECT PROPERTY, shall be filed with the County Clerk of McHenry County and recorded with the Recorder of Deeds of McHenry County. This Agreement in its entirety, together with the aforesaid Petition for Annexation, shall be null, void and of no force and effect unless the SUBJECT PROPERY is zoned and classified as provided in this Agreement by the adoption of ordinances by the CITY immediately following the execution of this Agreement. 2. Zonina. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting a zoning map amendment to RS-2, Medium -Density Single -Family and RM- 1, Low -Density Multi -Family Residential and C-3, Community Commercial for the SUBJECT PROPERTY in substantial conformance with the zoning district boundaries depicted on Exhibit B, entitled "Proposed Zoning Partitions for the Adams Farm", prepared by Howard Surveying Co., Inc., dated September 21, 2004, attached hereto and made a part of this Agreement by reference (hereinafter referred to as "Zoning Plat"). 3. Variances. Immediately following the annexation and zoning of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting the variances listed below, with the condition that the SUBJECT PROPERTY is developed in substantial accordance with the Concept Plan referenced in this Agreement. A) Lot Width Variance from 80 feet to 70 feet for Parcels 1, 3 and 5. B) Lot Size Variance from 10,890 square feet to 9,000 square feet for Parcels 1, 3 and 5. C) Front Yard Building Setback Variance from 30 feet to 20 feet for Parcels 3 and 5. 4. Concept Plan. The Concept Plan, prepared by Welch Hanson Associates, dated January 15, 2003 and bearing a latest revision date of November 301 2004-015 attached hereto as Exhibit C and made a part of this Agreement by reference (hereinafter referred to as "Concept Plan"), is hereby approved. OWNER agrees that representations regarding the location of proposed zoning designations, the provision of a collector road, and buffering along the Boone Creek Corridor shall be binding and any amendments to such representations, except as otherwise provided herein, shall require an amendment to this Agreement. OWNER acknowledges that a Preliminary and Final Plat of Subdivision will be required for the development and lot layout, road layout, land uses, and open spaces depicted on said plat or plats shall be in substantial conformance with the Concept Plan. Access location, type and roadway geometry along Bull Valley Road and Curran Road may change upon further engineering studies. OWNER further agrees that the representations made on .the Concept Plan and during the development review process regarding stormwater management practices and processes, including: the use of rain gardens, grass swales and other Best Management Practices (BMPs) shall be binding and must be incorporated into the overall preliminary and final engineering design, for the east side of Curran Road, for the Concept Plan referenced in this Agreement. If the engineering plans deviate from the use of BMPs, an amendment to this Agreement shall be required. Page 2 of 18 05-46-OOBf 5. Maximum Number of Residential Units. The total number of new residential dwelling units (including single-family detached, single-family attached and townhome units) permitted and constructed on the SUBJECT PROPERTY shall not exceed five hundred and fifty (550),` as follows: A) The maximum number of townhome units permitted and constructed within Neighborhood #2, the RM4 area east of Curran Road as depicted on the Concept Plan, shall not exceed one hundred thirty-six dwelling units (136). B) The maximum number of single-family units permitted and constructed within Neighborhoods #l, 3, 4, 5, 6, and 7, east and west of Curran Road as depicted on the Concept Plan, shall not exceed four hundred fourteen dwelling units (414). 6. Agricultural Uses. The CITY agrees that those portions of the SUBJECT PROPERTY that have not been final platted may continue to be used for agricultural purposes, including crop farming over the entire parcel and that such uses may be continued as a legal nonconforming use in accordance with the ordinances of the CITY. 7. Architectural Standards. OWNER agrees that Exhibit D, entitled "Architectural Standards for the Preserves of Boone Creek", dated May 3, 2003, attached hereto and made a part of this Agreement by reference (hereinafter referred to as "Architectural Standards"), shall be implemented and enforced by OWNER to regulate development within the SUBJECT PROPERTY, and shall be incorporated into the covenants and restrictions placed on the SUBJECT PROPERTY prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY. Said Architectural Standards address the RS-2, RA-1, RM-1 and C-3 portions of the development, as depicted on the Zoning Plat. The Architectural Standards manual shall be subject to amendment by City Staff and the City Council as deemed necessary. 8.' Buildin Pg- lans• Plans for all duplex units and townhome units constructed in the subdivision shall be stamped by a licensed, registered architect in the State of Illinois. The OWNER shall have the option of using master plans for the single-family portion of the development and each master plan shall be stamped by a licensed, registered architect in the State of Illinois. Any and all subsequent changes to the master plans, however, shall be approved, stamped and sealed by an Illinois Registered Architect, 9. Landscape Plans.' Prior to issuance of any Occupancy Permits by the CITY, OWNER shall install and maintain landscaping, berming, fencing and other improvements in accordance with Exhibit E, entitled "Preserves of Boone Creek Landscape Plan" three pages, prepared by Ruth Landscaping and dated May 2005 attached hereto and made a part of this Agreement by reference (hereinafter referred to as "Landscape Plans"), in all areas of the SUBJECT PROPERTY that have been final platted with the exception of the landscaping on the individual lots in the single-family areas of the SUBJECT PROPERTY. OWNER shall implement, installed, enforce, and maintain the Landscape Plans within the SUBJECT PROPERTY, and shall incorporate the Landscape Plans into the covenants and restrictions placed on the SUBJECT PROPERTY prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY. 10. Townhouse Neighborhood Plans. OWNER agrees to provide Landscape Plans for the townhouse and single-family attached neighborhoods, for the CITY'S review and approval, prior to approval of the first final plat of subdivision for the area of the SUBJECT PROPERTY zoned RM-1. Page 3 of 18 OS-46--Oa�2 11. Commercial Development. The City Council shall review and approve any and all site plans for commercial portions of the development prior to the issuance of any site development or building permits being issued for those portions of the SUBJECT PROPERTY, 12. Phasing of Development. OWNER shall develop the SUBJECT PROPERTY in substantial conformance with the phasing for final plats of subdivision as provided on the Preliminary Plat. This phasing plan shall be considered as a geographic representation of the sequence of development. CITY acknowledges that said phasing plan is anticipatory in nature, and that OWNER may request amendments from time to time. 13. Limitation on Building Permits' OWNER and CITY agree that the CITY shall limit the maximum number of building permits issued each year for new residences within the area of the SUBJECT PROPERTY zoned RS-2 and RM4. A. The maximum number of building permits issued for single family detached dwellings each one-year period shall be as follows: Year 1 - Forty (40), Year 2 — Fifty (50), Years 3 and later — Fifty-five (55). The first one-year period shall begin upon City Council approval of the first final plat of subdivision for any single-family portion of the development. The maximum number of building permits allowed, for the single-family portion of the development, shall not be cumulative from one year to the next. B. The maximum number of occupancy permits issued for townhome units each one year period shall be as follows: Year 1-Thirty (30), Year 2 — Forty (40), Year 3 — Fifty (50), Year 4 — Fifty (50), Year 5 - Fifty (50), Years 6 and later — Sixty (60). The first one-year period shall begin upon City Council approval of the first final plat of subdivision for any townhome portion of the development. The maximum number of occupancy permits allowed, for the multi -family portion of the development, shall not be cumulative from one year to the next. 14. Covenants and Maintenance. OWNER agrees to provide for implementation, enforcement, and maintenance of all Architectural Standards, Landscape Plans, private paths, open space, storm water and drainage systems, including detention basins and retention ponds, wetlands, and conservation areas, as provided on ibit D, Exhibit E, and Exhibit F, by creating one or more "homeowners' association" or appropriate organizations. The provisions of each homeowners' association corporate charter and bylaws and any covenants used in its enforcement shall be submitted to the CITY with each final plat of subdivision. It is acknowledged and agreed that the CITY shall have the right, but not the obligation, to enforce all provisions of the homeowners' association charters, bylaws, and covenants, as they relate to issues, pertaining to stormwater, detention, the ongoing maintenance and preservation of the Boone Creek Corridor or other aspects of the development which may adversely impact homeowners in the development, and that all such documents shall so provide. 15. Back -Up Special Service Area Prior to CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY, OWNER and CITY agree to establish a Special Service Area over the SUBJECT PROPERTY to finance special municipal services as a back-up measure to the private "homeowners' association" and assessment to ensure the continued maintenance of the private subdivision improvements, including open space, landscaping, and other amenities as provided in this Agreement. 16. Tree Survey and Preservation Plan. OWNER shall provide a tree survey and preservation plan for review and approval by the CITY prior to CITY approval of the first final plat of subdivision for the SUBJECT PROPERTY, in accordance with the CITYS Tree Preservation ordinance. Page 4 of 18 17. Boone Creek Corridor. The OWNER and CITY recognize that the Boone Creek Corridor will require special attention during the development of the SUBJECT PROPERTY and continuing maintenance and upkeep after development. A) Long Tem Management Plan. Attached hereto and incorporated herein as Exhibit F is a Long- term Management Plan for the Boone Creek Corridor ("Boone Creek Corridor Plan' Within thirty (30) days following approval by the City of the first final plat of subdivision for the SUBJECT PROPERTY, OWNER shall pay to the CITY the lump sum of twenty thousand ($20,000) dollars, which may be in the form of a Letter of Credit, and shall be placed in an escrow account, to be used for the ongoing maintenance of the Boone Creek Corridor prior to the development or after development of the SUBJECT PROPERTY is completed. Said letter of credit shall expire upon the acceptance of the public improvements in Neighborhoods 1, 2 and 3 by the CITY. B) Erosion and Construction Runoff Control' Prior to any clearing, excavation, grading or other site development work being done on those portions of the SUBJECT PROPERTY which lie east of Curran Road, the OWNER shall provide the CITY with an Erosion and Construction Runoff Control Plan. Said Plan shall include extraordinary measures, including but not limited to hay bales, silt fencing, straw, etc.= that will prevent silt or any other construction runoff or debris from entering into the Boone Creek Corridor. Said Plan shall be approved by the CITY prior to any site development work being done on these portions of the development. C) Stormwater Management. OWNER acknowledges that the stormwater runoff generated from the proposed development may impact the Boone Creek Watershed. OWNER agrees to work with the CITY and CITY Engineer to consider the use of best management practices, where feasible, to minimize the development's potential impacts of stormwater runoff into the Boone Creek Watershed, 18. Curb, Gutter and Sidewalks. OWNER shall install public sidewalks on both sides of the street, except in any instance where a bike path is substituted for a sidewalk on one side of the street in the Concept Plan, concrete curb and gutter, and an enclosed storm sewer system, designed and constructed in accordance with the ordinances of the CITY. OWNER shall also install an eight (8) foot wide asphalt bike path on the north side of Bull Valley Road along the entire frontage of the SUBJECT PROPERTY. In any instance, the CITY shall have the option of requesting cash, in the amount of the proposed sidewalk or bike path improvements, in lieu of installation of said improvement. OWNER shall install a bike path along the Boone Creek Corridor, as designated on the Concept Plan, upon approval of the Final Plat of Subdivision for Neighborhood 2. 14. Sanitary Sewer and Water. A) The SUBJECT PROPERTY shall be developed with municipal sanitary sewer and water. OWNER will be allowed to extend the municipal water and sewer lines to service the SUBJECT PROPERTY, and the CITY will service the development with water and sanitary sewer treatment facilities. Water and sanitary treatment plant and main capacity will be made available to the development on the same basis as it is made available to other developments. B) The CITY acknowledges that there is NOT currently sanitary sewer treatment plant capacity available from the CITY to service the SUBJECT PROPERTY, and the CITY does not agree to reserve any capacity for the SUBJECT PROPERTY. No action of the CITY regarding application to the Illinois or U.S. Environmental Protection Agency for permission to Page 5 of 18 construct sanitary sewer lines on any part of the SUBJECT PROPERTY shall be construed to constitute any representation, warranty, or reservation by the CITY to OWNER that municipal sanitary sewer treatment plant or sanitary sewer main capacity or municipal water will be available to service the SUBJECT PROPERTY when OWNER applies to the CITY for connection permits. C) OWNER shall cause to be financed and/or constructed all municipal sanitary sewer system and water supply and distribution system improvements required to meet the expected demand as a result of development of the SUBJECT PROPERTY, subject to credit for tap -on and capital improvement fees for sewage treatment plant improvements, and water tower, well, and treatment improvements. D) The CITY shall exercise its power of eminent domain, if necessary, to assist OWNER in obtaining all necessary easements, not already in existence, to enable the installation of the aforesaid sanitary sewer and water improvements. OWNER shall pay all eminent domain costs and expenses incurred by the CITY, including but not limited to attorney's fees, title charges, appraisals, surveying cost, deposition cost, witness fees, litigation expenses and judgments in the acquisition of any easement. 20. Temporary Signage. i A) Advertising Signs. The CITY agrees to issue permits, following receipt of proper applications and fees, for a maximum of six (6) temporary subdivision advertising signs on the SUBJECT PROPERTY, at locations selected by the OWNER (off -site advertising signs shall not be permitted). The signs shall be two-sided or V-shaped, a maximum of sixty-four (64) square feet in area, eight (8) feet in height, and set back a minimum of ten (10) feet from the property line. The signs shall be removed when the SUBJECT PROPERTY has reached ninety (90) percent occupancy of the total number of residential units proposed, based upon issuance of Certificates of Occupancy. B) On -Site Directional Si On -site directional signs identifying the sales offices) and models) shall be allowed subject to approval by the Community Development Department of the CITY, upon payment of a one-time permit fee, with said signs to be removed on or before termination of sales office(s). C) Temporary Marketing Signs. Upon payment of required permit fees to the CITY, temporary marketing signs shall be permitted to the OWNER for participation in the Festival of Homes sponsored by the Chicago Tribune. These temporary marketing signs shall not exceed four (4) feet by nine (9) feet and shall be posed for five (5) consecutive weeks at a time, not more than four (4) times a year. 21. Traffic Control Signs. It shall be the sole responsibility of the OWNER to conduct a speed study for the entire SUBJECT PROPERTY and locate the necessary signage with regards thereto. 22. .Model Homes; Construction Trailers. . A) Model Hornes. Upon the annexation of the SUBJECT PROPERTY and in advance of any final plat of subdivision or engineering approval, the OWNER shall be permitted, at the OWNER'S sole risk, to construct, maintain and occupy model units in one or more product lines being offered by the OWNER and to construct and maintain other appurtenant facilities for said model units, including temporary sanitary facilities and systems (when a permit is Page 6 of 18 OS-46-n(l05 r. received from the McHenry County Health Department) in advance of the construction of sanitary, storm sewer, storm water detention facilities and water mains; provided, however, no such construction shall prejudice the power and right of the CITY to review, approve and disapprove final plats of subdivision and engineering plans for any parcel containing said models. OWNER shall have the to right to use said models, as well as their garages, for sales, sales promotions and offices for sales personnel, all as may be desirable or in any way connected with the sales of dwellings on the SUBJECT PROPERTY. The CITY agrees to aHow the OWNER to construct temporary parking facilities paved to the sidewalk with curb depressed or other appurtenances to the model units and sales offices subject to the approval of the Community Development Department of the CITY and compliance with all applicable codes of the CITY. B) Construction Trailers. Construction trailers used to build homes shall be allowed in each phase of development, at locations to be approved by the Community Development Department of the CITY. Upon the sale of 75% of the lots in each phase, all construction trailers shall be removed from that phase of development. 23. Underground Utilities. OWNER shall install underground, at OWNER'S cost, all new electricity, gas, telephone lines and any other utility or cable devices, lines, or conduits necessary to service the development of the SUBJECT PROPERTY, 24. Sanitary Sewer Access. OWNER shall provide a means of access to the air release valve of the force main, which is generally located at the far eastern edge of the SUBJECT PROPERTY, behind the lots abutting Brookwood Trail and east of Curran Road, 25. Road Improvements and Contributions. A) OWNER agrees to construct all internal and external roadway improvements, excluding any improvements to the Bull Valley/Curran Road intersection, which is referenced in Paragraph b of this section, which may include any or all of the following: left-hand/right-hand turn lanes, acceleration and deceleration lanes, a boulevard, additional lanes, roadway widening, traffic signal, curb and gutter, sidewalk, bike path and/or stormwater ditches associated with the development of the SUBJECT PROPERTY in accordance with the Concept Plan. OWNER acknowledges and agrees to contribute, in -kind, the amount of four hundred thousand (400,000) dollars towards the cost of future road improvements to the Bull Valley/Curran Road intersection. This contribution may be used for left-hand/right-hand turn lanes, acceleration and deceleration lanes, a boulevard, additional thru lanes, roadway widening, traffic signal, curb and gutter, sidewalk, bike path and/or stormwater ditches attributed solely to the Bull Valley/Curran Road intersection. The specific roadway improvements to the Bull Valley/Curran Road intersection shall be determined by the CITY'S Engineer. OWNER shall submit receipts from the construction of these improvements to the CITY to verify the dollars spent. OWNER shall construct said improvements within ninety (90) days after the first final plat of subdivision for the commercial development of the SUBJECT PROPERTY or in the alternative prior to the issuance of a building permit for the 20& residential unit within the development. OWNER shall follow all design review, letter of credit, and bonding requirements required by the ordinances of the CITY or other controlling jurisdictions. B) OWNER acknowledges and agrees that several existing intersections and roads within or near the SUBJECT PROPERTY are not currently improved to meet traffic volumes expected as a Page 7 of 18 result of development of the SUBJECT PROPERTY. OWNER acknowledges and agrees to contribute $100,000 towards the cost of road improvements in the vicinity of the area, including but not limited to improvements to the intersection of Crystal Lake Road and Bull Valley Road and Draper Road and Bull Valley Road, to offsite intersections and roadway widening. Said contribution shall be made in two installments of $50,000, the first being due within ninety (90) days after approval of the first final plat of subdivision, and the second being due within ninety (90) days after approval of the second final plat of subdivision. 26. Right -of Way Dedication -West McHenr�B ass A) OWNER acknowledges that a preliminary plan exists for a Route 31 West McHenry Bypass. OWNER shall dedicate right-of-way for the bypass to the appropriate jurisdiction in the configuration provided on the Concept Plan upon approval of the first final plat of subdivision of any portion of the SUBJECT PROPERTY, or at such earlier time as requested by the CITY if necessary for the planning or construction of the bypass. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. B) The CITY agrees to notify the appropriate authorities that the CITY supports and shall use its best efforts to designate the right-of-way along the Curran Road, in the location shown on the Concept Plan, as the final alignment of the Route 31 West McHenry Bypass. 27. Park Land Dedication. OWNER shall convey and dedicate to the CITY, for unrestricted public use, the area east of Curran Road and adjacent to the Boone Creek Corridor, on the Preliminary Plat designated as "Park" upon approval of the first final plat of subdivision adjacent thereto. This conveyance shall be made by recordable warranty deed or such other conveyance as the CITY shall agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and prepared by OWNER. Prior to conveyance, OWNER shall pay to the CITY the sum of two thousand (2,000) dollars to be used to assist the CITY in developing'a plan for the Park Site. OWNER shall construct stubs for future utility connections, and the site shall be final graded and seeded, and the slope, topography, and geology of the dedicated site must be suitable for active park and recreation purposes. The CITY will maintain the park site upon conveyance. 28. Donations, Contributions, and Fees. OWNER acknowledges that the development of the SUBJECT PROPERTY will impact on schools, parks, the library and fire protection districts and other public services within the CITY. To reduce the effects of this impact, and as a condition of this Agreement, OWNER shall be obligated to pay and/or donate, or cause to be donated to the CITY, or provide improvements for the benefit of the CITY as follows: A. Annexation Fees 1. OWNER shall pay to the CITY the lump sum of $145,580 within ninety (90) days following City Council approval of the annexation of the SUBJECT PROPERTY to the CITY. 2, Prior to CITY approval of a final plat of subdivision of any portion of the SUBJECT PROPERTY, OWNER shall pay to the CITY the sum of $500 times the gross number of acres included in the subdivided area. 3. OWNER shall pay to the CITY the sum of $596 per residential unit, including single family and multi -family units, constructed on the SUBJECT PROPERTY upon issuance of each building permit. 4. OWNER shall pay to the CITY the sum of $2,013 per residential unit constructed on the SUBJECT PROPERTY, $1,090 to School District NO. 15, $795 to School District No. 156 (hereinafter referred to as "School Districts"), $64 to the McHenry Public Library District (hereinafter referred to as " Library District'), and $64 to the McHenry Township Fire Protection District (hereinafter referred to as "Fire Protection District"). The monies shall be paid upon issuance of each Certificate of Occupancy. B. Cash Donations 1. OWNER shall pay to the CITY certain Cash Donations per residential unit constructed on the SUBJECT PROPERTY upon issuance of each building permit. The Cash Donations payable by the OWNER to the CITY shall be calculated as follows: School Districts Parks Library Dist. Fire Dist. Total per Unit Single -Family Detached Total 156 15 2 or Less Bedrooms $2,942 $1,030 $1,912 $3,025 $274 $274 $6,515 3 Bedrooms $43316 $10511 $2,805 $43350 $274 $274 $9,214 4 Bedrooms $5,689 $1,990 $3,699 $5,647 $274 $274 $118884 5 or More Bedrooms $5,825 $23039 $3,786 $5,655 $274 $274 $12,028 Single -Family Attached 1 Bedroom $0 $0 $0 $1,790 $274 $274 $2,338 2 Bedrooms $1,844 $445 $1,349 $2,986 $274 $274 $5,378 3 Bedrooms $2,087 $580 $1,507 $3,588 $274 $274 $6,223 4 Bedrooms $5,024 $1,608 $3,416 $4,718 $274 $274 $102290 The Cash Donations referred to in this chart shall collectively be referenced to as "Minimum Cash Contribution Amounts". 2. In the event the Minimum Cash Contribution Amounts, as calculated above, are less than the cash donation amounts set forth in the CITY'S ordinances, as amended from time to time, an amount equal to the amounts specified in the CITY'S ordinances, after adjustments as calculated above for land donations, shall be paid, rather than the Minimum Cash Contribution Amount provided in this Agreement. 3. In the event the CITY'S cash contribution ordinance, or any other ordinance of the CITY relating to cash contributions for schools, parks, library and fire protection districts, is repealed or declared by a court of law to be found unenforceable and all appeals have been exhausted, OWNER agrees to pay, subsequent to such final court action, the Minimum Cash Contribution Amounts set forth in this Agreement. In the event such Page 9 of 18 Uc;`EF6""UUo o final court order requires the CITY or School Districts to return or refund monies paid by the OWNER pursuant to the CITY'S ordinances, OWNER expressly agrees to allow the CITY or School Districts to retain the Minimum Cash Contribution Amounts previously paid by the OWNER. It is the express intent of the OWNER to release the CITY, library and fire protections districts, and School Districts from any liability or obligation to refund the Minimum Cash Contribution Amount paid pursuant to this paragraph under any circumstances. C. Release OWNER hereby releases the CITY, School Districts 15 and 156, Library District, and Fire Protection District from any and all liability or damage to OWNER and waives the right to challenge, by lawsuit or otherwise, the validity, legality or enforceability of the donations and fees set forth in this Agreement, or the purpose for which the money is spent. OWNER agrees not to pay any fees under protest. D. Donations Distinguished from Fees Other than the donations specified in the foregoing paragraphs, during the term of this Agreement, and irrespective. of any existing, new or revised donation ordinances of the CITY, OWNER shall not be required to donate any land or money to the CITY, or by action of the CITY, to any other governmental body. Building permit fees, water and sewer connection and. capital development fees, and other similar fees which are charged for specific services provided by.the CITY, shall be payable in accordance with the CITY ordinances in existence and as amended from time to time, except as specifically provided in this Agreement. E. Distribution That portion of these fees to be distributed to the schools, as determined exclusively by the CITY, may be distributed for the benefit of some or all schools within School Districts 15 and 156, at the discretion of the City Council. To the extent any of these funds are distributed to said School Districts, they may be used for operating expenses at those schools within School Districts 15 and 156, as directed by the City Council, at the time of distribution. In the event a distribution agreement in a form approved by the CITY is not executed by the School Districts prior to distribution of said funds to the School Districts, the CITY may retain the entire amount paid pursuant to this paragraph for CITY use. Nothing herein is intended to create third party beneficiary rights in School Districts 15 and 156, the Library District or the Fire Protection District. F. Annual Adjustment On May 1, 2005 and each May 15` thereafter the fees referenced in the preceding paragraphs a) iii, a) iv and b) i, shall be adjusted upward by the percent that the Chicago Area Consumer Price Index moved upward the preceding year. For the purpose of this paragraph, the price index to be used for comparative purposes shall be that index for the annual average Chicago area CPI-U, as published by the United States Department of Labor, Bureau of Labor Statistics. 29. Bindint; Effect and Term This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns, and lessees, and upon successor municipal authorities of the CITY and successor municipalities for a`period of twenty (20) years from the date of execution hereo; . 30. Amendment This Agreement may only be amended by written instrument executed by all parties hereto pursuant to the provisions of state statute. Provided, however, in the event title to the SUBJECT PROPERTY, in who or part, is transferred to successors in interest, future amendments relating to the SUBJECT PROPERTY may be made by and between the CITY and the Page 10 of 18 05-4�-Qa�9 title holders to the parcel specifically requesting the amendment without consent required by other record owners of the SUBJECT PROPERTY. 31. Notice and Default Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party alleging the breach shall provide notice to the party alleged to be .in default specifying the nature of said default, providing thirty (30) days from the receipt of said default notice for correction of the alleged breach and providing that said thirty (30) day period shall be extended if the defaulting Party has commenced to cure such breach and is diligently proceeding to cure the same. Notice shall be in writing and delivered via certified mail, addressed as follows: CITY City Administrator 333 S. Green Street McHenry, IL 60050 OWNER FIRST MIDWEST BANK TRUST #4562, FIRST MIDWEST BANK TRUST #13375 AND GERSTAD BUILDERS 32. Stop Orders The CITY will issue no stop orders directing work stoppage on buildings or parts of the development without setting forth the section of CITY ordinances or of this Agreement allegedly violated by OWNER, and OWNER may forthwith proceed to correct such violations as may exist; provided, however, that the CITY shall give notice in advance to the OWNER of its intention to issue stop orders at least twenty-four (24) hours in advance of the actual issuance of such stop orders, except in the event a health, life or safety emergency is deemed to exist by the CITY. 33. Ordinance Changes Except as otherwise specified herein, all ordinances of the CITY and other applicable jurisdictions shall apply to the SUBJECT PROPERTY, OWNER and all successors and assigns in title. If during the term of this Agreement, the provisions of the existing ordinances and regulations which may relate to the development, subdivision, construction of improvements, buildings, appurtenances and all other development of the SUBJECT PROPERTY, are amended or modified in any manner so as to impose more restrictive requirements, such more restrictive requirements shall be enforceable as applied to the SUBEJCT PROPERTY, so long as such amendments or modifications are non-discriminatory in their application and effect throughout the CITY or other applicable jurisdictions. 34. Obligations All obligations of the OWNER in this Agreement, including monetary obligations in existence now and in the future, as a result of this Agreement, shall constitute covenants running with the land and such monetary obligations shall also be liens upon the land. OWNER hereby consents to the filing of a lien on the SUBJECT PROPERTY or parts thereof for which obligations are owed when any obligations are more than ninety (90) days overdue. 35. Enforceability It is agreed that the parties to this Agreement may enforce and compel performance, whether by law or in equity, by suit, mandamus, injunction, declaratory judgment, or other court procedure, only in courts of the State of Illinois; no such action may be brought in any Federal court. In the event that either party to the Agreement files suit to compel performance by the other, the prevailing party shall be entitled to recover, as part of the costs otherwise allowed, its reasonable attorney's fees incurred therein. Page 11 of 18 as-is�-ooqo 36. Waiver The failure of the CITY to insist, in any one or more instances, upon performance of any terms or conditions of this Agreement, shall not be construed as a waiver of future strict performance of any such term, covenant or condition and the obligations of the OWNER shall continue in full force and effect. 37. Severability If any provision of this Agreement, other than the provisions relating to the requested zoning changes and Preliminary Plat described herein and the ordinances adopted in connection therewith, is held invalid by any court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. CITY OF MCHENRY B MAYOR First Midwest Bank Trust #4562 f}-if�k--l.a-tQ Print Name: Its: First Midwest Bank Trust #13375 Gerstad uilders Inc. (Beneficiary/Developer) B 6/ PrintName: P'g'- " Its: �r4S1ll�Lx Print Name: Page 12 of 18 05-46��91 Y 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 OWNERS First Midwest Bank Trust No. 4562 not individually, but as Trustee Under a Trust Agreement dated January 11, 1989, and known as Trust No. 4562 By Print Name: Sharon L._Hettermann Trust Assistant First Midwest Bank Trust No. 13375 not individually, but as Trustee Under a Trust Agreement dated January 8, 2003 and known as Trust No. 13375 Print Name: Sharon L. Hettermann Its: This Statement is Based Solely upon information and belief upon information furnished by the beneficiary or beneficiaries of the aforesaid trust. The undersigned has no personal knWedge of any of the facts or statements herein contained. CiaUC)C'i'•:(•i;:rSftut E3uiidtrsi:�dan�� 1'arrn;:lnnc�i�Tl�?t. ��greenrvlrt [:)raft ��, lt)-15-i? {.�li�c Trust Assistant 1S Exhibit A Legal Description of the SUBJECT PROPERTY 5:. THE LAND REFERRED TO TN THIS COMMITMENT IS DBSCRIBED AS FOLLOWS: GOVERNMENT' LOT 1 OF THE NORTHEAST QUARTER OF SECTION 5 (EXCEPT THAT PART BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5 AND RUNNING THENCE EAST ON THE SOUTH LINE THEREOF, FOR A DISTANCE OF 1036414 FEET TO A POINT FOR THE PLACE OF BEGINNING; THENCE NORTH AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 313.07 FEET TO A POINT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, FOR A DISTANCE OF 208.71 FEET TO A POINT; THENCE SOUTH, FOR A DISTANCE OF 313.07 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION S. SAID POINT BEING 208.71 FEET EAST OF THE.PLACE OF BEGINNING; THENCE WEST, FOR A DISTANCE OF 208.71 FEET TO THE PLACE OF BEGINNING), ALSO THE WEST HALF OF GOVERNMENT LOT 2 OF THE NORTHEAST QUARTER OF SAID SECTION 5, ALSO A PART OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER OF SAID SECTION 5, DESCRIBED AS -FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 5 AND RUNNING THENCE NORTH ALONG THE NORTH AND SOUTH QUARTER LINE, 1072.5 FEET, MORE OR LESS TO THE NORTHEAST CORNER OF THE SOUTH 65 ACRES OF SAID NORTHWEST QUARTER; THENCE WEST PARALLEL WITH THE EAST AND WEST QUARTER LINE, 1015.38 FEET; THENCE SOUTH PARALLEL WITH SAID NORTH AND SOUTH QUARTER LINE, 1072.5 FEET, MORE OR LESS, TO THE SAID EAST AND WEST QUARTER.L.INE; THENCE EAST ALONG SAID EAST AND WEST QUARTER LINE, 1015.38 PEET TO THE PLACE OF BEGINNING; ALSO THE NORTHWEST QUARTER OF SECTION 4, ALL BEING IN TOWNSHIP-44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,.IN MCHENRY COUNTY; ILLINOIS; Page 13 of 18 or I = L �_ _ EXHIBIT D ARCHITECTURAL STANDARDS THE PRESERVES OF BOONS CREEK McHenry, Illinois The Preserves of Boone Creek - a Gerstad Builders Development COMMUNITY ARCHITECTURAL STANDARDS ' May 1, 2003 CONTENTS Introduction The Review Process The Architectural Review Committee Review and Approval Flow Chart Community Character Community Design Theme General Site Development Guidelines Community Infrastructure Architectural Character and Style RS-2 Neighborhoods Exterior Materials and Finishes R&2 Neighborhoods Elevation Variety RS-2 Neighborhoods Architectural Character and Style RM-2 Neighborhoods Exterior Materials and Finishes RM-2 Neighborhoods Multi -family Service Areas & Equipment Scale and Massing Roof Accessories, Gutters and Downspouts Chimneys Front Entry, Service, Patio and Garage Doors Decks, Porches and Balconies Exterior Colors Single Family Accessory Structures Mailboxes Building and Yard Lighting Pools/Spas/Water Features Community Fence Program General Landscape Guidelines Single -Family Landscape Planting Requirements Multi -Family Landscape Design Multi -Family Landscape Planting Requirements Landscape Maintenance Commercial Property — Character & Style Neighborhood Signage - Character & Style Signage Maintenance Sales Trailer Requirements Onsite Construction Trailer Requirements General Rules for Builders, Subcontractors & Warranty Personnel Comprehensive Architectural Review Checklist Preliminary Design and Planning Review Application Final Application Checklist 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 32 33 33 34 35 36 37 COMMUNITYARCHITECTURAL STANDARDS Introduction The purpose of these architectural standards is to define the criteria that will guide development at The Preserves of Boone Creek. Like any community, The Preserves of Boone Creek will grow gradually over a period of years. Its ultimate form will reflect the numerous design decisions of builders and their design teams. These standards are intended to provide the foundation upon which The Preserves of Boone Creek will emerge. The architectural standards have been prepared to assist builders, planners, architects, engineers and landscape architects to become active participants in the design process, and to assure long- term community quality. They are not intended to limit development choices or design alternatives, but rather to encourage creativity, innovation and architectural diversity, while creating a blend of home styles which will enhance the community environment. The ultimate result will be to heighten property values while creating a cohesive residential character and appeal. These standards have been adopted pursuant to the The Preserves of Boone Creek Declaration of Covenants, Conditions, Restrictions & Easements. All building and development at The Preserves of Boone Creek must conform to these architectural standards, the The Preserves of Boone Creek Annexation Agreement, and the City of McHenry building code and zoning ordinance where these ordinances do not conflict with the Annexation Agreement, The Review Process The standards also outline an efficient and equitable review process that will be administered by the The Preserves of Boone Creek Architectural Review Committee. The ARC has been established in recorded documents governing the project, for the purpose of implementing the Architectural Standards. A representative of the Architectural Review Committee is available to help you interpret the standards, offering suggestions about your housing concepts. We urge you to meet with the Architectural Review Committee representative as early as possible to assist in your decision to build at The Preserves of Boone Creek, 3 05-4�-QQ98 COMMUNITYARCHITECTURAL STANDARDS The Architectural Review Committee All proposed building and development within the overall community of The Preserves of Boone Creek must be reviewed and approved by the The Preserves of Boone Creek Architectural Review Committee Prior to seeking City approval. The Architectural Review Committee consists of three members appointed by the Gerstad Builders, Inc. The committee will review each builder's development package for conformance to The Preserves of Boone Creek architectural standards, and will review individual homeowners' submittals using the same standards. A sign -off letter of compliance will be issued by the Committee to identify acceptance with the standard. A copy of this will be forwarded to the City of McHenry Planning and Development Department. All reviews substitutions and approvals by the Architectural Review Committee will be considered binding and final. Representatives of the Architectural Review Committee will stay intact as a functional governing body until such time that the entire The Preserves of Boone Creek community is noo complete. At such time, review and authoritative power will be transferred to the The Preserves of Boone Creek Homeowners' Association, The Architectural Review Committee will have authority over new construction and exterior remodels, additions and other improvements. The Architectural Standards should be used as a tool by each submitting builder or homeowner far making decisions on their neighborhood, product and planning design schemes. To obtain specific information on the requirements and procedures for design review contact Gerstad Builders, Inc. COMMUNITYARCHITECTURAL STANDARDS Review and Approval Flow Chart Step One RESEARCH AND REVIEW • Community Architectural Standards • City of McHenry Building & Zoning Requirements • The Preserves of Boone Creek Annexation Agreement • The Preserves of Boone Creek Declarations of Covenants,_ Conditions, Restrictions & Easements (CCR's) Step Two Preliminary Review Requirements • Completion of Preliminary Design & Planning Review Application • Meeting between Architectural Review Committee and Builder • Preliminary approvals to proceed or recommendation for change Step Three FINAL REVIEW REQUIREMENTS • Submittals of two (2) Design Packages with appropriate exhibits and completion of relevant portions of Final Design and Planning Review Application • Meeting between Architectural Review Committee and Builder • Final sign -off and approvals by Architectural Review Committee to proceed or recommendations for change. FUTURE EXTERIOR REMODELING AND ADDITIONS • Completion of relevant portions of Preliminary Design and Planning Review Application • Meeting between Architectural Review Committee and Builder or Owner • Submittals of two (2) Design packages with appropriate exhibits and completion of relevant portions of Final Design and Planning Review Application • Final review, sign -off and approvals by Architectural Review Committee 5 COMMUNITYARCHITECTURAL STANDARDS Community Character The Preserves of Boone Creek is a planned 300-acre community located in the rolling farmlands in the lakes region of McHenry County. Eventually, it will be home to approximately 550 new residences surrounded by many parks and natural areas. The Preserves of Boone Creek is envisioned as a new multi -use community intended to provide a comfortable and rewarding environment in which to live and play. A coherent and orderly pattern of "neighborhoods", natural open space, and planned amenities will merge with the site's natural characteristics, beauty and history. Curran and Bull Valley Roads are the roadways that will provide convenient access to this 300-acre community. A new internal roadway system will connect the various residential neighborhoods and provide easy access to the remainder of the community's amenities. North POOR QUALITY I`®R IiVIAGl�1� 0�-4�-Oifll 6 i— �.. - _ .� -1 E—` a � 1 C Y i UOMMUNITYARUHITEUTURAL STANDARDS General Site Development Guidelines The City has approved a Final Development Plan for each single-family neighborhood. While final development plans have also been approved for multi -family neighborhoods, where possible each Builder is free to alter specific multifamily neighborhood plans so long as it is consistent with the spirit of these guidelines and the overall theme of the community, matches the type of land use purchased, does not deleteriously affect surrounding neighborhoods, is approved by the Developer, the ARC, and the City, and otherwise complies with all applicable rules and regulations. Where a Builder seeks to alter any neighborhood plan, the following general framework of site design and improvement guidelines has been developed to ensure the successful integration of each neighborhood into the overall community. • Common community design elements will be repeated to integrate each neighborhood into the overall community. • The siting of the buildings and improvements should focus on maintaining "quality views". • Site Planning must consider the context of the neighborhood within the community: The placement of buildings and streets, grading design, landscaping and buffer yard locations, and relationships to adjacent properties. • The monotony code is as follows: Identical models or models of similar design with identical front elevations may be erected no more often than every third lot along the same frontage. Identical models or models of similar design, with identical front elevations, shall not be constructed directly across the street or other right-of-way from the front of that model. Identical models or models of similar design with significantly different front elevations may be erected on every second lot without regard to intervening street lines. • Vacant homesites shall be kept free of all rubble and debris and mowed at a height not to exceed 8". • Trees that are to be preserved are to be protected to the limit of their roots from construction equipment by fencing off with temporary snow fence for protection. Fenced -in areas shall not be used for any type of material storage or use other than root protection zone. • Building setbacks shall be in accordance to the concept plan approved by the city council or the McHenry Zoning Ordinance as part of the annexation agreement. Those areas where amendments have been made are Neighborhoods 3 & 5, and setbacks in said neighborhoods will be dictated by the applicable variance. • All improvements shall conform to the overall approved Final Engineering plan. • Effective erosion control measures shall exist throughout the construction phase of each neighborhood, consistent with the erosion control plan in the Utility Plan. These measures may include temporary swales, berms, siltation fences, straw bales and temporary sedimentation ponds. All erosion control devices and protective fencing shall be maintained at all times. • All grading shall comply with overall stormwater management and wetland mitigation plans. • Site and drainage plans must be designed to pxevent run-off, protect wetlands and insure proper retention/detention. • The visual impact of parked automobiles shall be minimized where applicable through careful siting and screening of roads and parking areas. • Any proposed changes to site and/or engineering plans must be reviewed and approved by the Developer, the ARC and the City. • The above standards supplement all other requirements contained in each builder's Purchase Agreement, The Preserves of Boone Creek Annexation Agreement and all other applicable municipal, state and federal laws and ordinances. OS-46-0103 COMMUNITYARCHITECTURAL STANDARDS Community Infrastructure The final Engineering plan has been prepared by the Developer and approved by the City. This plan indicates what utilities and infrastructure improvements will be provided to each neighborhood. In general, in all single-family neighborhoods, the Developer will complete all infrastructure requirements. All single-family lots are available as finished lots with all utilities available to each lot. Individual lot utility connections, final lot grading and landscaping are the responsibility of the builder, upon approval of site and landscape plans by the Architectural Review Committee. Multi- family neighborhoods will have utilities available to the site. All internal utility requirements and connections, grading and landscaping are the responsibility of the multi family neighborhood builder, subject to approval by the Developer. A copy of The Final Engineering Plan may be obtained from the Developer. Erosion control at The Preserves of Boone Creek is an important component of environmental responsibility. Woods, wetlands and ponds are all significant natural features, which enhance the value of The Preserves of Boone Creek. These features are vulnerable to erosion damage stemming from construction activities. Builders and/or developers will be expected to install and maintain erosion control and siltation management devices as required by local, state and federal jurisdictions and approved by the Developer. All multifamily neighborhoods must abide by the erosion control plan for The Preserves of Boone Creek. � _ (--- itG I�- PW77. ;,.pm m`m' _y, I 1 -if a�It II T '-IqI III r --..-. 0 �., - � tI�«-- � - {� � - .\ » . \ \ &i a a2 I i )�- I !I j = Tr >tl - LT��T�`� �- �'- R, LA, pp - 1-1 1� I lei iv -,at VI lV6„ ft O lIV vjj VI t e IV Vp IV r -' ,I q _ Ir L i F € -=-'ll - GET '11 2004 r IV 1- =_ 1 --114 LAW c_ v. 7k, I I, I; Illill- b llillillllLIi1U! ; __ _ �i- mK ^ : _ & F F F m F «� 4 {»<.<. - w \2 j » <:» z� � � <_z a � ��-�F - -._ .aim zw.- �. l I ,tl O �- '0,FFF _ L_ - F LINES J I'Uit. COMMUNITY ARCHITECTURAL STANDARDS 94 SHED Single -Family Accessory Structures Accessory structures are permitted if constructed of material compatible with, and in an architectural style similar to, the design of the associated residence including: Storage] ■ -Storage buildings not exceeding 120 sf of floor area, and final location shall be determined by ARC ■ Gazebos. ■ Enclosed or Screened -in porches. ■ Bath houses in conjunction with an in -ground swimming pool. I I I I I I Design and placement of all accessory structures ' must be specifically approved by the SETBACK Architectural Review Committee. LINES STORAGE APPROPRIATE SHED I ®®I • Structures incorporating the primary building design and materials usage. • Free-standing Gazebos or play structures. • Detached storage buildings shall be located I I within the established sideyard setback lines I I and also a minimum of 20' in from rear property line. • No storage of accessory building shall be allowed within any landscape or utility easements. Storage Building Integrated with Patio 21 COMMUNITYARCHITECTURAL STANDARDS Pools/Spas/Water Features All water features are required to be located . in rear yards and are encouraged to be completely enclosed by approved fencing or landscaping and screened from neighboring homes. All water features shall be in -ground, except spas, which may be built into appropriately designed and screened deck systems. Equipment for pools, spas or fountains should be completely screened BAT from adjoining properties. Safety fencing must SPA be provided in accordance with municipal fencing guidelines. APPROPRIATE • Pools with approved fencing and screening. • Spas with approved fencing and screening. • Ponds constructed with watertight liners, recirculation equipment and overflow provisions. • Water features to be located in rear yards only, unless provided by developer as a community feature. Typical PooUSpa/Screening Arrangement 24 QS-46-�119 COMMUNITY ARCHITECTURAL STANDARDS General Landscape Guidelines All builders in the community are required to install a landscape package for each single-family home or multi -family community as set forth in the Annexation Agreement, and as summarized on the following pages. This landscape section has been designed to provide Property owners, Architects, Contractors and Builders with important information related to the development of homes to insure a harmonious neighborhood streetscape and to protect the aesthetic quality of the overall community. The objective is to reinforce the naiural character of the community. The recommended landscape character should emphasize an informal scene by encouraging use of native plant materials and natural areas. Front yard plantings should be sympathetic to the overall neighborhood streetscape in form, texture and simplicity of design. This can be achieved, in the single-family areas, by limiting the front yard planting to lawn, trees and informal plantings. Plantings should be designed to provide privacy for the homeowner and the neighbors. Plantings along common property lines should be informal unsheared plantings. APPROPRIATE FRONT &SIDE YARD • Informal • Shredded bark mulch • Flowing layered beds �5-�6-OIZi 26 COMMUNITY ARCHITECT URAL STANDARDS Single -Family Landscape Planting Requirements To create a "streetscape effect" that is consistent throughout each neighborhood and the entire development, following are the minimum planting requirements. The following minimum standards for single-family neighborhoods are in addition to any landscaping of public areas provided by the Developer. The Architectural Review Committee must approve all original landscape plans. In all neighborhoods, all front and side yards must be sodded; rear yards may be seeded. • A minimum of 4" of topsoil is used. • As a minimum standard, IDOT Class 1 Lawn Mixture seed must be used. • Silt fences and other erosion control devices must remain in place until the lawn is fully established. Builders shall be required to provide a landscape package for the front yard of all homes, which shall consist, at a minimum, of the following. • 8 deciduous or evergreen shrubs with a minimum height of 18" • 1 ornamental or upright evergreen tree with a minimum height of 6' Plans with different combinations of plants maybe submitted to the Developer and City for approval. One 4" caliper shade tree shall be provided in every other rear yard where lots that back up to other The Preserves of Boone Creek lots. Rear at trees shall not be required on lots that abut open space, or in wooded areas. Builders shall be required to install in neighborhood parkways (defined as the area in front of houses, between the sidewalk and curb) one tree for each house, with two trees for corner lots. The trees shall be a minimum caliper of 2 V2", shall be spaced and planted under an overall plan approved by the Developer and City and shall be of a species approved by the Developer and City. 27 OS-46�Qf22 COMMUNITY ARCHITECTURAL STANDARDS Multi -Family Landscape Design In neighborhoods two, three, and four, landscape design elements should provide a unifying theme to the entire The Preserves of Boone Creek community. The overall design goal should be the creation of a pleasant, safe and protected environment that is both functional and aesthetically pleasing. This goal cannot be met without adequate landscaping. The principles of good design and functional, yet simple solutions provided by a limited variety of materials should not be overlooked. Maintenance of these areas is as important as the original design concept. The following architectural standards will help to direct landscape improvements that will be consistent throughout the community. The Architectural Review Committee must approve all original landscape plans. In the multi -family areas, landscaping should enhance major natural and improved common area site elements through the use of foliage color and texture, plant forms and plant masses. A simplified list A plant materials, which maintains the proposed theme of the landscape, should be used. Visual confusion due to the use of many unrelated plant varieties should not be employed to avoid complex plant mixtures. In the multi -family areas, landscape design should provide for effective screening of parking areas, utilities and service areas. This will reduce the possibility of negative visual impacts. when viewed from major adjacent streets. Grouped masses of plant material should be designed to complement architectural elevations, blank walls and rooflines through color, texture, density and form on both the horizontal and vertical planes. Minimum standards for multi -family landscape planning are set forth in the Annexation Agreement and are summarized on the following page. 05-4�-a123 UOMMUNIIYARUHIIEUIURAL STANDARDS Multi -Family Landscape Planting Requirements All townhome common areas not paved must be fully landscaped, The following minimum landscape standards and quantities will apply. • One 2 %z" caliper shade tree per unit, or • One 7' ornamental or upright evergreen tree per unit • Adequate shrubbery, perennials and ground cover, • Yard areas not planted with trees, shrubbery, perennials or ground cover shall be sodded. COMMUNITYARCHITECTURAL STANDARDS Landscape Maintenance All vacant property shall be kept clear of debris and trash build-up. All vacant homesites should be mowed to a height of no more than 8" and be cleared of all dead plant materials, fallen branches and unsightly vegetation. Builders shall maintain all original installed landscape areas until single-family homes are sold, and until multifamily long-term maintenance management contracts are in place. At a minimum, this shall include. • Checking and adjusting tree stakes and guy wires to avoid trunk girdling, abrasions and unsightly conditions. • Mowing turf areas regularly such that turf height does not exceed 3". • Watering trees and shrubs sufficiently to avoid drying and discoloration caused by water stress. • Promptly removing and replacing dead plant material, including sod. • Removing weeds from turf areas and plant beds weekly. • Maintaining depth of mulch in plant beds such that no bare soil or landscape separator fabric is visible. • Removal of airborne trash. 30 QS-46-012S v r t :... �I di �! t I �-,a41 --Im- COMMUNIII ARCHIIECTURAE STANDARDS Neighborhood Signage Character & Style The purpose of the signage and graphic design standards is to establish a cohesive, distinctive and functional system to visually communicate with all who live in or visit The Preserves of Boone Creek. All signs will be consistent with the Adams Farm theme to project a high -quality, Americana image. The signage and graphics system will maintain consistency in color, materials, shape and size. Specifications and detailed drawings all be provided to each builder for their community. All signage must meet the City of McHenry signage ordinance, as modified by the Annexation Agreement. Signage Maintenance As with all pieces of architecture, signs need maintenance. Periodic cleaning is required. Touch-ups should be expected and, based on appearance, may be required'by the Architectural Review Committee. Model Directional Model Name Neighborhood Sign 32 05-46-�IZ7 COMMUNITYARCHHECTURAL STANDARDS Sales Trailer Requirements • Provide asite-plan, where applicable, indicating all of the following items relative to the placement of the sales trailer, ---Direction of entrance ---Size (single, double -wide, etc.) ---Length • Provide a site plan showing proposed landscaping, ingress, egress and the location of graveled or paved off street parking. The site plan must be approved by the ARC. • Trailer must be "skirted" in a tasteful manner. • Signage and outer design of the trailer must be approved by the ARC. • Outer lighting is encouraged to prevent vandalism and theft. • Builder agrees to "monitor" trailer traffic at all times to prevent blockage of adjoining streets. • Provisions for trash removal must be provided. On -Site Construction Trailer Requirements Construction trailers may only be used for The Preserves of Boone Creek construction. Each builder will be limited to one construction office trailer per neighborhood. • Prepare a site -plan showing the office trailer and graveled off-street parking. • Provide a sketch of appropriate signage which will be utilized. • No storage will be allowed on the ground, under or around any trailer. All materials must be in locked storage or office trailers. • Provisions for trash removal must be provided. • The site -plan and signage sketch are to be submitted to the Architectural Review Committee for approval. • Storage trailers shall be allowed only in location(s) designated by Developer. Storage trailers will not be permitted in neighborhoods. 33 05-��i-Q l z8 COMMUNITYARCHITECTURAL STANDARDS General Rules for Builders, Subcontractors & Warranty Personnel • Builders and subcontractors are required to keep jobsites, including streets, as neat and clean as possible. Frequent removal of trash and debris is required. Jobsite dumpsters are to be removed when full. Stockpiling or dumping on surrounding sites is prohibited. Speed limits throughout the entire construction area are not to exceed 20 mph. Specific areas of the site contain natural marshes and wetlands. These areas are to be protected during construction from vehicles, trash and storage. • Trees are to be protected at extent of root zone from construction equipment — fence off with temporary snow fence for protection. The area within the fence shall not be used for materials storage, cleaning of equipment or vehicles, parking, or any other construction -related activity. The builder or general contractor will be held responsible for tree protection. • Construction entrances and haul roads will be provided. All construction -related traffic must use the designated routes. 05-�6-�129 COMMUNITY ARCHITECTURAL STANDARDS UomprehensiveArchitectural Review Checklist The The Preserves of Boone Creek Architectural Review Committee will review all development proposals for conformance to the Design Guidelines. Each submittal should reflect the design intent For the The Preserves of Boone Creek community objectives. Below is a general checklist to be used as a reminder for the builder's design team, ensuring all elements are considered. Site Development Guidelines ■ Zoning ■ Setbacks ■ Grading ■ Drainage ■ Views ■ Site Preservation ■ Erosion Control ■ Multi -Family Parking ■ Commu i'ty Infrastructure Architectural Design Guidelines Character and Style ■ Building Massing ■ Building Entries Porches, Columns, Rails ■ Finish Materials Fencing Guidelines ■ Required Styles ■ Approved Locations ■ Privacy Screening ■ Pool Fencing ■ Appropriate Materials Signage &Graphics ■ Color & Design ■ Types of Signage ■ Materials ■ Lighting ■ Maintenance Sales Trailer Requirements ■ Location ■ Ingress -Egress Walls, Roof, Colors Appearance ■ Windows &Doors ■ Signage ■ Garages Lighting ■ Details Shutters, Trim, Muntins Construction Trailers Mouldings, Accent Areas Location ■ Exterior Lighting Size ■ Chimneys Ingress -Egress ■ Mechanical Equipment Appearance ■ Multi -Family Accessory Structures Storage ■ Parking Landscape Guidelines ■ Trash Character and Style ■ Lighting ■ 'Screening/Buffering ■ Patios Disallowable Activities ■ General Planting Selections ■ Minimum Planting Requirement ■ Landscape Maintenance 35 OS-�6-QI30 COMMUNITYARCHITECTURAL STANDARDS . Preliminary Design and Planning Review Application Parcel A_ pproxirnate Acreage ❑ Single -Family Multi -Family Number of proposed units Proposed density OwnerBnilder Address: Phone: Engineer Address: Phone: Landscape Architect Address: Phone: Preliminary Application: {Section A) ❑ Preliminary site plan & traffic circulation,(scale ) ❑ Approved Disapproved Comments: Proposed building plans and elevations (scale 1/a" Approved Disapproved Comments: ❑ Proposed grading ❑ Approved Comments, & drainage plans (scale } Disapproved Date submitted Date approved Approved by. Comments: 36 �5-4�-0431 COIV MUNITYARCHITECTURAL STANDARDS Final Application Checklist Community Site Plan (scale_) ❑ Approved Disapproved Comments: Community Landscape plan (scale ❑ Approved Disapproved Comments: Berm &fencing plan (scale_) ❑ Approved, Disapproved. . Comments: Typical building landscape plan (scale_ ❑ Approved Disapproved Comments: Civil Engineering plans (scale�� ❑ Approved Disapproved Comments: Home or building plans and elevations (scale 1/a" —1-0") Approved Disapproved Comments: Exterior color packages (eight total) ❑ Approved Disapproved Comments Temporary &permanent sales office plans Approved Disapproved Comments: Temporary construction office plans ❑ Approved Disapproved Comments: Multi -family accessory structure plans ❑ Approved _Disapproved Comments: Parcel OwnerBuilder Date Submitted Date Approved Approved by Comments 37 EXHIBIT F STETYIAI�DSHIP P1�OPOSAL This agreement, made and entered mto shall be between Gerstad Builders, hereinafter referred to as the Owner/Agent and hereinafter referred to as the Contractor and shall consist of the following: I. SERVICES The. contractor agrees to perform the following items, using properly trained and supervised personnel. A. The con.rultznF services for the month of NOVEMBER through AP,RIL shall be per the following schedule: 1. Consulting -Implement controlled burn in natural areas, one time. We will use fire as a tool to clear debris, recycle nutrients and stimulate native plant and animal. species. Our fire crew is comprised of 5130/5190 trained crew leaders knowledgeable in the fuel types present. The fire crew will create needed firebreaks and place noticeable signage prior to the burn. Seeds will be harvested prior to the burn to allow for post burn dispersal, if requested. The areas to be burned will contain unburned refuge for animal species. Due to the unpredictability of the weather, it may be necessary to postpone the burn to the next burn season. It is possible that local conditions could cause the burn unit to burn poorly when all conditions are within parameters. Pizzo & Associates, Ltd. will obtain the necessary permits. The owner/agent shall notify neighbors when applicable. 2. Consulting - Control invasive woody & herbaceous flora through cultural methods, physical removal or the application of appropriate herbicides. The native plants will take advantage of the competitiveorelease created by mowing, the timely application of herbicide or physical removal of the non-native plants. 3. Consulting - Seed collection of the native species to disperse into the open areas during the growing season or after the controlled burn. B. 'The services for the months of MAYthrough OC?"OBER shall be per the following schedule: 1. Consulting -Control invasive woody &herbaceous flora through cultural methods, physical removal or the application of appropriate herbicides. See paragraph A2. 2. Consulting - We will collect the seed of the native plants to disperse into the open areas during the growing season or after the controlled burn. -Mow seeded areas, if necessary, to control invasive flora and allow light to the ground for the new 3. Consulting seedlings. 4. Consulting - Prepare the site for the controlled burn by creating needed fire breaks. . Pagelofl OS-46-0134 C. GENERAL CONDITIONS: 1. Owner / Agent to provide a "Plat of Survey" for definitive location of project boundaries. 2. Areas to be managed will be designated as per survey. 3. Keep a log of restoration activities performed during contract period. 4. Plant & turf diseases, vandalism, acts of God and other highly unpredictable events are excluded from this agreement. 5. Chemicals used will have the lowest environmental impact for the task at hand. Organic or cultural practices will be used when ever practical 6. Debris created during the day's work shall be placed into burn piles on site to be included in the prescribed burn. 7. Watering of trees, shrubs and perennials can be done as an additional item and will be performed as an addendum to this agreement at an additional charge >. SCHEDULE OF WORK Herbicide X Brush Clearing X Mow X Collect & Disperse X Burn Prep Burn Month Visits by Crew l May 1 X X X June 1 X July 1 X X August l X September 1 X X X X October 1 X X X X X — November 1 X X X X December through April II. GENERAL INFORMATION ADDITIONS &DELETIONS -All additions and deletions shall be agreed to in writing by both parties. Additions will be billed on a time and materials basis unless otherwise stated in writing. Time will be billed Including pick up/delivery, clean up/setup plus any costs directly related at the following rates: $105.00 per man-hour for consulting & design by the senior ecologist or partner. PREPAYMENT DISCOUNT - All accounts paid in full upon contract signing will receive a one and. a half percent (1.5%) prepayment discount. Page 2 of 2 OS--46-0135 F CONDITIONS - The owner/agent to provide a current plat of survey for delineation of the property lines. If the boundary markers are not visible Pizzo will hire a. surveyor, at the owner agents expense, to visit the site to mark the boundary points. The owner/agent will notify Pizzo of all utilities (piping, wiring, sprinkler system components, obstructions) prior to work beginning. Repairs to any sprinkler system, television or satellite cables, invisible dog fences or other underground utility will be paid for by the owner / agent. If any unmarked utilities, by the locating service(s) having jurisdiction, are damaged the owner/agent will bear financial responsibility for the repair and subsequent claims. If site conditions are not as they appear above ground or there are buried obstructions / debris, changes to the plan and work will be billed at the aforementioned rates. Except on prescribed fire the owner/agent will pay for fees and time to obtain all necessary licenses & permits. DESIGN PLANS AND PHOTOGRAPHS - The owner/agent expressly authorizes Pizzo to make sketches or drawings and/or take photographs of the subject property and any buildings located on the subject property and to use the resulting photographs, sketches or drawings for purposes of developing a design and restoration plan and to publish the photographs and/or design and landscaping plan for marketing or educational purposes. The photographs, design and restoration plan shall remain the exclusive property of Pizzo, together with any and all copyrights thereto. III. COMPENSATION The owner will pay the contractor, for the aforementioned services, billed at the following rates: Consulting -Billed $105.00 per man-hour including travel time. Payment is due within seven (7) days of the billing date. All unpaid balances will carry a two percent (2%) per month, twenty four percent (24%) per year interest charge after due date. Contractor reserves the right to suspend service to those accounts thirty (30) days or more past due. A suspension of service does not negate the owner's contractual obligations. We reserve the right to cancel service with a 30 day written notice. The owner agrees to pay any expenses incurred by the contractor in collecting the amounts due including, but not limited to, court costs, reasonable attorneys fees and accrued interest. Failure to make payment upon job completion voids all guarantees expressed or implied. All returned checks would carry an additional $50.00 service charge. All accounts paid in full before the start of work, for the current season, shall receive a 1.5% discount. IV. AGREEMENT The term of this contract shall be .through The aforementioned services, specifications and pricing are satisfactory and I do hereby authorize Pizzo & Associates, Ltd. to begin work. Owner/ Agent: /Gerstad Builders Address: 4310-G Crystal Lake Road, McHenry, IL 60050 Phone: 815-344-1050 Site Address: Boone Creek Subdivision Site Contact &Phone: same Authorized Signature /Date: Contractor; thorized Rep Auresentative: Authorized Signature /Date: The contractor may withdraw this proposal if not accepted within thirty (30) days Page 3 of 3 05-4�-013f PINS : 1405200-009 14-04-100-001 ALL ]HAT PART ar THE FOLLOMING DESIXNED TRACT LYING W THE NORTHEAST WARTM OF SECTION S ALL BEING IN TOBNSHP 44 NOUN, RANGE 8 EAST OF ME MIRD PRINOPAL MERNMAN, IN MWENRY CWNIY, ILLINOL[ TO NTT.. 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(/eARILR CF .¢C. 5-u-6 �W Rmr 95Ec 4-u-B I N89'N623•E 90.I5'-� I Irr-N89'4642J'E ASWO MST W9Nesr bunt As ]BAST¢ o<TmrsT NO TUTS uR0 xwARr 4 NOT rnna-r-�aarr.ti It to rot For LANDS HEREBY DEDICATED FOR ROADWAY PURPOSES PARCEL CONTAINS 4.382+/- ACRES A 1fO6)nr � SS Fit III ee —1.4\' I��-PON) D� eED,«.•6 L�•B3• 6j BULL VALLEY ROAD — _ . � P� �! \.EMsmcWWAS0ceNED L_ -I�AII It r "IF III • Fbis mocto to root le be now x, sm amue. �• wM without arint" mm be em.dwvcrae iduaa .d m4 signature V. F 6 w � 5 6 C 0) �Wul e><z FLGaJ oD��u oC€zto FUQ3s Pr�Fa� €UF CnYW OHI INGLY mJ URi w� O4/22/2015 Bfi13D] M9 T1 io- OF EXHIBIT E (1-3). - s+FskPs—re�� daUsn�tJ��7� \` � `, StfKND n. ��nsNM171q��64 mom 0 0 Auk EXHIBIT E (3-3) .�.�,,-. i N�u�¢rt 3 p1U�i.rAdtl�� i ua� A � tOWIW1hGIWv }�lt IQI11111U1� sNaur� r Par�.�t�Pi� Op North line or the Solith 65 IS aDo�2oo6�a� 7 Proposed Zoning Partitions for the Adams Farm ��ee /er i F o v Cam, 7 V$ m (. N89a 061533E _ 1321,71' ------- � - --- 1918.3 RS- 2 117,45 Acres i Parcels 41 5 and 6 ej ree / / .e. W eeo.t ti- N0B•56'OB'E �/ More] RA- 13.77 Acres Parcel 8 mot part Of eowmment Lot. 1 o1 the Nonneat Quarter seevo, b. TamNlp 4<Ipriry flange 0. _ml of Ue 1Wd FYTOboI ReNdnn. aaaer]ed Itllo.e BeppWn9 al Ine NerUead srnr at cob 9wcmmmt lot. 1: Unce 9 dl e9 Geer n O6hmnut5 O =w �53 dohq No NaU IUe of fold Let 1, 110C.0 (eel: .m Ou y 4wln QI >eeanaa ES t* 1 d9h1 mgln m the toot EnorLaa the, MD a feel thorn souN Patti made 29 minted 32 the North Ithe orFawnN ElfiLtl Inlylalnl, mareear at1111, o a gle aad npl9>to the SotMe saw North Me 9300(tel la r roar Ofi wN 1EOvh>nwent lot L thnoa North pony cold Eart that M3.10 feet b the Pont of eepnnnpt aV in lichamy County, 139wN. (Co>lonF9 11n avu) 930,00' N88a56'061'E ?04.91'' 725.09' n ere, C- 3 12.48 Acres 6 6 Parcel / o act L 7B O � 725.or N88456'06"E S Ilat ,t yfs fed let m:nlrad at boll ) Oo� tt(m'm e:a.:e al nqn tn91r iau: U llna therm of Owemmnl Lot I of tell Nrartly Rang 0. Wall" ll of the thh e°orle a u1IouIn e)"Wry minty. Glob. (RntdaFp 11.ls 248 i 20 ) i k122 5q 1180.0' 2653,01' 0 Note: fteeor/t Gearit't4,� of this line is the3 bwis of ail legals z � 45OoO'a It N890 18'22"E 0 CO z a ry RS— 2 N '2 20.47 Acres o loo.00' N89a 1812212E Parcel 2 z W a 0 Cn N89a 03' C- 3 Parcel 7AL 5.85 Ac. S 9 340.0' 5 q lCv z 1025.00' RM1 I 68.31 Ac Parcel 3 m at meN q C.wnly, 1"F ole. (Cartel np h0.31 era) I N890 03'43"E 0 moo' NO b IT S- 2 65,64 Acres Parcel 1 Sra1E o<xLurxs ) J 54 CWHn (c WE) M behvll ro Howard Sahot Jhj CO. Me, we as dlnob proacteedno Land Savryrs do herIy certify (hot 4 t at Vee Plaf was preprsd rc 14 Of 2 0 test Pt' a.dr 1. 4 of and fhof enf plat f the. Aoan fa a xd< a: 200 feel per 1 hrh.s a Iru± r±prez±nlolica of the described premlzss. 404, Doted of Beach Pork, Lake Counly, anois Ihu �.1 sor of HOWD S1ra'r C C+. Ilia Prafe�c a kL d St; r License E+yFs411/'010i ii a 6 f Via' ti,r3ert�QGp 2392 PROFESSIONAL v LAND SURVEYOR A STATE OF Prepared September 2f, 2004 f ; Ii ` } E j i e S S R i i t _' II ,. ¢. : t j 1.. EV• =I i I E [ f ;:,a.. ly -rrTr-n �� l a , ��` , � ® �• �i �t _'.: ' ��: NE�GHBORH�OD #7 61 LO S LUSTERING ONCEPT CO DI'fIONS. 50°/p OF PRODUCT OFFERED WILL FEATURE•SIDELOAD GARAGES.' 80' LOT WIDTH @BUILDING LINE, aa.a Taa � c�oA fV SITE DATA ' FUTBRE LAND USE OE910NATION• . LOW.DEN91tt PF41l 1RIAL RWPER ACRE TOTAL SITE AREA - 303se AcgEs MEA IN LOMMBICIAL iiI ACREe - AREA IN ROW pEpICATIIXi (ei4mail 1K.T ACRFS AREA IN WETUN03 � pZT ACRE9 GR059 DEVELOPABLE AREA R43.76 ACRE8 REOUIREO AREA IN OPEN SPACE 73.1 ACRES (30.0%) NET DEVELOPABLE AREA 170.Bfi ACRES AREAIN ROW (Inamd avumed) 16S ACRES (730%) '. NET DEVELOPABLE AAEALE55 ROW 145,Ofi ACRES 7oTAl NUMBE0. OF ALLOWABLE DWELLING UNRS 66p OU PROPOSED NUMBEROF UNRS 660 DU PROPOSED OPEN SPACE 91.13 ACRES (38%) (EXRlutllnp Cammardall ' DETENTION AREA' 11.97 ACRE9 PARK AREA {31 ].ACRE PAPIfs 4.0 ACRE9 OPFN 9PACE 75.16 ACRES DWELLING DNITB. � SfiO DU SITE DATA •LOT DATA NEIGHBORHOOD Xt 74 LOTS tLRPatp6.r (FART PROPERTYI ' es Tv:ur NEIGHBORHOOD KI 136 UNRS pa.{.uwr eal.dND9 NER3HBORHOOD A3 46 LOTS isTpxur NEIGHBORHOOD M4 30 LOTS SfFTpXiSC '�, NEIGHBORHOOD iY6 60 LOTS ta-iDal3sx NEIGHBORH000 #6 134 L0T9 t34epatM.r �.. HEIGHBORH000 AP 81 LOTS n•maf3e,r CLUSTERING CONCEPT CONDITIONS. ALL LOTS NOT ON BUBBLE ON CUL-DE-SAC WILL HAVE REAR OR $IDEIOAD GARAGES WITH A 20' BUILDING LINE. 70' LOT WIDTH; NO LOT AREA LE55 THAN 9,00 SF. I_ - F-- - .r �� ; .� . ; t NEIGHBORHOOD # K L .L_ 45 LOTS " r 11 � �' .1 r�-��- , i „ '' I. \. � ..��'��. . NEIGHBORHOOD #6 � � �' � I �' ` � 134 LOTS � I' i � =�� - CLUSTERING CONCEPT CONDITIONS. ' � (lj 50°/D OF PRODUCT OFFERED WILL FEATURE O-' { i /� . � - � SIDELOAD GARAGES. ( IG � _ . \`� �80 LOT WIDTH @BUILDING LINE.I � Q ' � / n � `�; ,40,890 SF MINIMUM LOT AREA.. j �:1 � � Y. - �- ` /- !301 MINIMUM SETBACK. �� ii a. 'r I^ Pa V ( - '/� '. ! JI `' NEIGHBORHOOD #4 1 ,i , � ��� `i 30 LOTS ( - - 70' LOT WIDTH @BUILDING LIN . s � �:t ; .° - - 9,000 SF MINIMUM.LOT AREA. 1 - 30 MINIMUM SETBACK ( �-- y ' s; i I l:ll F M r EI i 4f L ® j 'S � 1 ® � �� % I � ' -✓' �( f 7 � II �' I , r `. �. r L. t �1 3�_ �"fe, 1 C�F ? �' � E f ` t L- T ?� �17 i 4 I a � ., � 01v}, fR�1�L f � J, iv ,/� < � ® .. ., tip... � �)� rra �'�s 1 t � - t{ , 50 LOTS ' CLUSTERING CONCEPT CONDITi0N5: ' ALL LOTS NOT ON BUBBLE OFCUL-DE-SAC WILL HAVE ,. REAR OR SIDE LOAD GARAGES WITH A 20' BUILDING LINE. 70' LOT WIDTH; NO LOT AREA LESS THAN 9,000 SF. LOCATION MAP Q F-' Q Y m ' NEIGHBORHOOD. #1 NEIGHBORHOOD #2 74 LOTS 136TOWNHOMES cLusTERINGwNCEPrcorvDlnoNs, r*....rne« (34) 4-UNIT BUILDINGS 70' LOT WIDTH EXCEPT LOTS THAT BACK UP . � TO BROOKWOOD TRAIL._ � 1 ' � 30' BUILDING LINE; NO LOT AREA LESS THAN 9,000 SF. i I; i ;. eNDINEERe ARDwrecrs ! SURVHYOR9 •PLANNBR6 WND6CAPB ARCMTSC7S 355 AUSTIN CIRCLE. 5tl1TE 100 DELAFIELD. WISCONSIN 5301K ' 1fiL6{66855 FAX 262.6146p6{ EMAIL ENfC�WELCHHAN50N.COM - I I I 1 V 1MM�1 1••�� 9•�4 __. j W ^�^' I.i.� Cn . O m LL � �� �' Q Q w ^N, � CC L.L.. �. L Lu U i PRgETT ' - NUMBER 13436 COMPUTER ' FLEE T7436.OWG DATE 01-15-03 DRAwN eY JMS NOTE:. CHECKED eY 1 1) ALL BOUNDARY INFORMATION BASED UPON A S�IRVEY BY VANDERSTAPPEN SURVEYING DATED AUGUST 12, 1997. R`�1DN5 06-05-03 11-30-04 �. 2) TOPOGRAPHY AND WETLAND INFORMATION PROVIDED' BY DE-te�oa n-7°-nv-o� HOWARD SURVEYING COMPANY JP,N. 2, 2003, os-3°°4 1D-05-04 3) EXISTING COMPREHENSIVE PLAN DESIGNATION IS AGRICULTURAL. 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FIAT PART OF THE NORRI E T WARIER OF SECPON 4 AND ME NORTHEAST WARIER OF 5£CPW 5, TOWNSHIP H NORTH, RANGE B GST OF ME MIRD PRINCIPAL MERIDIAN DESCRIBED AS F(XL0AfiK- -GINIANG AT RX sW1HGRT CORNER OF SAS NtMMGSTWARRR OF sFLDW S URINE DEGA£ES S3 MINUTES 16 SECDNDS NESi,LLLWG MF SDUM LINE DF SAID NCWMGSI WARIER• JSSSD DI DEGREES D>YNRNRS J4 SECONDS M >SDs £F£T, MENCE N0.4M R DEGREES G MINUTES 1B PARALLEL FAST, E EAT FEET A UNE 9➢ R ST QUARTER, GR, As NCE MORN Al FC)IT ON S IJ MINUTES TD AND PARUE£l. WTH ME EAST UNE OE SAID LON MO WAFTER; ]M MF RM LI GO E T J> RWCE P NEST TS DNG SAID 7 AA LELUIF WlE. )ICONS) fEET M ME SAN NORM d' G0IERN )FEE LOT 1: M DT MW ARI 0.5 NIOC N FAST ALONG SAS 13 LL'K WITS J FEEL ND IFM NEST LINE A SAID NGRMNEST WAFTER ME NORTH T DEGREES lJ J) sELEWos NEST FILINGMO IN I NEST LW'4 1J141J FEET TO CO DS UST AL NGCOURT? ME OF SUS NQRM NEST WAR OMI MEN MEASURED AT RIS W OF SAS NNA4NMEST WARIER. 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Alwds ��_ DA sv AT_apo« a, dsR N.� uii3O/TD,D '� ® mw adF, r:mN,ea°o, ...Av..�.� >a,.,Te, HRGreen PIdT OF DB111CATION CTIgNAL N�oRiNNWFSiquARTFROF SE�PgNS. gE9.EA5i xo. aD Nens:cx D SHEET 1 OF 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 First Amendment to the Preserves %J Boone Creek Annexation AF2reement This is the First Amendment to the Preserves of Boone Creek Annexation Agreement originally approved by the City Council of the City of McHenry and dated April 11, 2005 ("Original Agreement"). This First Amendment is entered into this 20T" day of July, 2015, between the City of McHenry, an Illinois municipal corporation, 333 S Green Street, McHenry, IL 60050 ("City"), First Midwest Bank Trust #4562, 4502 W Crystal Lake Rd, McHenry, IL 60050, not individually, but as Trustee Under a Trust Agreement dated January 11, 1989, and known as Trust No. 4562, First Midwest Bank Trust #13375, 4502 W Crystal Lake Rd, McHenry, IL 60050, not individually but as Trustee under a Trust Agreement dated January 8, 2003 and known as Trust No. 13375, ("Owners"), and Gerstad Builders Inc., 1600 Reagan Boulevard, McHenry, IL 60051, ("Beneficiary and Developer") and any subsequent successors and assigns regarding the property located on the east and west sides of Curran Road and on the north side of Bull Valley Road in the City of McHenry ("Subject Property") legally described on Exhibit A attached hereto and incorporated herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed by and between the parties hereto as follows: 1. Paragraph 6 of the Original Agreement, Agricultural Uses, is hereby deleted in its entirety and replaced with the following language. "6. Agricultural Uses. The Owner shall be permitted to farm crops on those portions of the SUBJECT PROPERTY (including that part of the Right -of Way Dedication referenced in Paragraph 26, below that are not currently or in the future constructed with street or street drainage improvements) until such time that any part of the SUBJECT PROPERTY receives final subdivision plat approval by the City. The OWNER hereby agrees to indemnify, defend, and hold harmless the City, its elected officials, its duly appointed officials, agents, employees and representatives, from and against any and all claims suits, settlements, actions, losses, expenses, damages, injuries, judgments, and demands arising out of any farming activity on those portions of the SUBJECT PROPERTY now or hereinafter dedicated to the City." 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 2.. Paragraph 25 of the Original Agreement, Road Improvements and Contributions, is hereby deleted in its entirety and replaced with the following language. "25. Road Improvements and Contributions. a) OWNER agrees to construct all roadway improvements within the Subject Property which may include any or all of the following: left-hand/right- hand turn lanes, acceleration and deceleration lanes, a boulevard, additional lanes, roadway widening, traffic signal, curb and gutter, sidewalk, bike path and/or stormwater ditches associated with the development of the SUBJECT PROPERTY.. b) With regard to road improvements to the Bull Valley/Curran Road intersection improvements off -site of the Subject Property, OWNER shall either install City required construction improvements to enhance this intersection or contribute a cash contribution, in lieu thereof the amount of four hundred thousand (400,000) dollars ("Road Cash Contribution") towards the cost of road improvements to the Bull Valley/Curran Road intersection. This Road Cash Contribution may be used to construct left- hand/right-hand turn lanes, acceleration and deceleration lanes, a boulevard, additional thru lanes, roadway widening, traffic signal, curb and gutter, sidewalk, bike path and/or stormwater ditches.. The specific roadway improvements to the Bull Valley/Curran Road intersection shall be determined by the CITY'S Engineer. OWNER's "in -kind" contributions shall be evidenced by paid receipts for the construction of these improvements submitted to the CITY to verify the dollars spent. If OWNER elects to construct the required improvements, OWNER shall either construct said improvements within ninety (90) days after the first final plat of subdivision for the commercial development of the SUBJECT PROPERTY; or prior to the issuance of a building permit for the 200th residential unit within the SUBJECT PROPERTY, whichever occurs first OWNER shall follow all design review, letter of credit, and bonding requirements required by the ordinances of the CITY or other controlling jurisdictions. If OWNER elects to pay the Road Cash Contribution, this payment shall be made within ninety (90) days after the first final plat of subdivision for the commercial development of the SUBJECT PROPERTY; or prior to the issuance of a building permit for the 200th residential unit within the SUBJECT PROPERTY, whichever occurs first. 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 c) On May 1, 2025 and each May 15t thereafter the Road Cash Contribution amount shall be adjusted upward by the percent that the Chicago Area Price Index increased the preceding year. For the purpose of this paragraph, the Consumer Price Index to be used shall be that index for the annual Chicago Area CPI-U, as published by the United States Department of Labor Bureau of Labor Statistics. d) OWNER acknowledges and agrees that several additional off -site intersections, in addition to the Bull Valley/Curran Road intersection improvements, and other roads within or near the SUBJECT PROPERTY are not currently improved to meet traffic volumes expected as a result of development of the SUBJECT PROPERTY. OWNER acknowledges and agrees to contribute $100,000 towards the cost of off -site road improvements in the vicinity of the area of the SUBJECT PROPERTY. These additional intersections and roads include but are not limited to: the intersection of Crystal Lake Road and Bull Valley Road; and the intersection of Draper Road and Bull Valley Road. Said $100,000 contribution shall be made in two installments of $50,000 each, the first being due within (90) days after City approval of the first final plat of subdivision and the second being due within (90) days after approval of the second final plat of subdivision." 3. Paragraph 26 of the Original Agreement, Right -of Way Dedication -West McHenry Bypass, is hereby deleted in its entirety and replaced with the following language: "26. Right -of Way Dedication —McHenry County 2040 Long Range Transportation Plan. a) OWNER acknowledges that the McHenry County 2040 Long Range Transportation Plan includes a Motorized Vehicle Plan; list of future Motor Vehicle Projects and Motor Vehicles Projects and Plan Goals Evaluation attached hereto and incorporated herein as Exhibit B. Included on Exhibit B and identified as M11 is a proposed New Congestion Mitigation Route Southwest of McHenry, which extends from Illinois Route 31 west, crossing the Union Pacific Railroad Tracks extending west of Crystal Lake Road and north along Curran Road bisecting the SUBJECT PROPERTY. b) The Plat of Dedication for right-of-way along Bull Valley and Curran Roads prepared by HR Green dated July 10, 2015 and consisting of one page attached hereto and incorporated herein as Exhibit C is hereby approved, shall be 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 executed by Owners, Beneficiary and Developer no later than August 15, 2015 and thereafter executed and recorded by the City. Owner and Beneficiary and Developer shall be responsible for payment of all taxes, fines and assessments levied upon the lands, improvements and other property, through December 31, 2015, included on Exhibit C. In the event City receives a notice of unpaid taxes, assessments) or fine(s) which are to imposed on the land heretofore dedicated on Exhibit C City shall provide Owners and Beneficiary and Developer with copies of each such notice. Owner and Beneficiary and Developer shall pay any unpaid taxes, assessment(s) or fine(s) within thirty (30) calendar days of receipt of such notice from the City." 4. Paragraph 29 of the Original Agreement, Binding Effect and Term, shall be deleted in its entirety and replaced with the following language: "29. Binding Effect and Term. This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns, and lessees, and upon successor municipal authorities of the CITY and successor municipalities until April 11, 2035." 5. Conflicts In the event the terms of this First Amendment conflict with the terms of the Original Agreement, the terms of this First Amendment shall govern. Except as specifically provided herein, the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, and have caused this instrument to be executed by their duly authorized officials and the corporate seal attached hereto, all on the date and year first above written. By: Attest: Janice C. Jones, City Clerk �3 City of McHenry Susan E. Low, 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 Owners: First Midwest Bank Trust #4562 Print Name: Its: First Midwest Bank Trust #13375 Print Name: ts: Gerstad Builders Inc. (Beneficiary/Developer) Print Name: Its: 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 GOVERNI+�NT I,OT 1 OF THE NORTHEAST QUARTER OF SECTION 5 (EXCEPT THAT PART BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5 AND RUNNING THENCE EAST ON THE SOUTH LINE THEREOF, FOR A DISTANCE OF 1036.14 FEET TO A POINT FOR THE PLACE OF BEGINNING; THENCE NORTH AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 313.07 FEET TO A POINT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, FOR A DISTANCE OF 208.71 FEET TO A POINT; THENCE SOUTH, FOR A DISTANCE OF 313.07 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, SAID POINT BEING 208.71 FEET EAST OF THE.PLACE OF BEGINNING; THENCE WEST, FOR A DISTANCE OF 208.71 FEET TO THE PLACE OF BEGINNING)I ALSO THE WEST HALF OF GOVERNMENT LOT 2 OF THE NORTHEAST QUARTER OF SAID SECTION 5, ALSO A PART OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER OF SAID SECTION 51 DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 5 AND RUNNING THENCE NORTH ALONG THE NORTH AND SOUTH QUARTER LINE, 1072.5 FEET, MORE OR LESS TO THE NORTHEAST CORNER OF THE SOUTH 65 ACRES OF SAID NORTHWEST QUARTER; THENCE WEST PARALLEL WITH THE EAST AND WEST QUARTER LINE, 1015.38 FEET; THENCE SOUTH PARALLEL WITH SAID NORTH 10M SOUTH QUARTER LINE, 1072.5 FEET, MORE OR LESS, TO THE SAID EAST ,AND WEST QUARTER LINE; THENCE EAST ALONG SAID EAST AND WEST )DARTER LINE, 1015.38 FEET TO THE PLACE OF BEGINNING; ALSO THE NORTHWEST QUARTER OF SECTION 41 ALL BEING IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,.IN MCHENRY COJNTY; ILLINOIS; 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 Exhibit B Motorized Vehicles Plan, Motor Vehicle Projects and Motor Vehicles Plan Goals and Evaluation (McHenry County 2040 Long Range Transportation Plan) Motorized I Vehicle Plan $1 Billion Investment Motorized Vehicle Capacity/ Operations Project • interchange Corridor Preservation 16 Project Label Poo'ptts wore Frta6izad a Wr wota mm krmlme wah an avmago ofa.a or grw[oc r�umtad by an agennccyy' Ana and mat Iola a Coma goa6 of t dFlanTheao era the pm�oiswere uuded in d.e Ph" Map. �1•'ou � v^th a'Psosarvanan pnmty aro of lunar p y. The Flms is to sat asida, wlsta pIurpdata, rightd," to able n-w fauromr icon ofthae Fmjxts. Lut a.hunu vnelnresiuR n,er rlan �u�ernves - t. Ado Capaclry to lL Route • 41b �xk Humteyand Bbn -- —,. 2 Add Capclry to It Route 47 inWomtoo IMOND _ 3. Add Capdri tall Route 7 s I 37 between Clystat Late r✓'Y _ - - � i, f 1 • I - and Mtl-lemy LdA tP1,V- -�: I d. Add Capadry to U.S. 14 between Crystal Lake and HARVARDi- vlood u S. Lase Congestion and ..� aAc,sss td f90N . ! — —_ maninMarengo i Northeast �Il!( HEBRON $8 ' f !'•� I ; � samry In 'na i _ I ,. 7. Address CDngestlonand saferyin sotmmst \ �, —'� — �" McHENRY °j a RLMNewunks Aw % f M6R .. Funues�aTzning WOODST0E tool R�IlT dy4 I No BIB,a i ..Y ,ayye� 01B�tl 14 FAIL r 57 CRYSTAL .UNION M1 LAKE j, r 'CARY \191JLi_ - \�\ HUNTLEY10 nn it Figure 94: Motorized ve13ic1es P1a LONG FcM GE Trans ortation P1an �J 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 Motorized Vehicles Plan, Motor Vehicle Projects and Motor Vehicles Plan Goals and Evaluation (McHenry County 2040 Long Range Transportation Plan) VEHICLE PR4JECT5 Roadway improvement Sdcas for motorized vehicle were taken from the County's 2020 Long Range Transportation Ylaa adopted in 2005, from the on-line community map and library kiosks, and by reviewing current community and state transportation plans. Projects were prioritized if they were voted for on-line with an average of 3.0 or greater, requested by an agency in writing, and met four or more goals of the plan. 'These are the projects that are included in the Plan Map in Figure 94). A full explanation of this evaluation is included in Appendix F. Label Project Name Project Coals ($2013) Uotes Agency Goals Priority Ml Woodstock to Iluntley Capacity, Operations, and Side Path (IL 47 from US 14 to Reed Road) $1041800,000 Yes Yes Yes High M2 Woodstock Traffic Circulation (IL 47 from US 14 to Clrades Road) $94,900,000 Yes Yes Yes High M3 Crystal Lake to McHenry Capacity, Operations, and Side Path (IL 31) $10L1009000 Yes Yes Y� ILgh M4 Crystal Lake to Woodstock Capacity, Operations, and Side Path (US 14) $75,700,000 Yes Yes Yes Mgh MS Richmond to Fux Lake Capacity, Operations, and Side Path (US 12) $125,800,000 Yes Yes Yes High M6 Marengo Access to Interstate 90, South Bypass, IL 23 Intersections $93,90D,000 Yes Yes Yes High M7 North McHenry Fox River Crossing Ruin Chapel Hill to IL 31 $47,0001000 Yes Yes Yes t➢gh M8 Ringwood Road and Spring Grove Road Corridor Preservation $5,1000000 Yes Yes Yes High M9 Randall Road Commercial Center Development (Add Capacity for Motorists, Bicycles, Pedestrians, and Transit Users) $909800,000 No Yes Yes Medium M10 North Algonquin Fox River Crossing $76,500,000 Yes No Yes Medium MIL New Congestion Mitigation Route Southwest of McHenry $51,3009000 Yes No Yes Mediwn M12 New Southern Arterial from IL 23 to IL 47 $62,6001000 No Yes Yes Medium M13 Zirwnerrnan Road Extension from Country Club Road to IL 120 in Woods lock $8,500,O00 Yes No Yes Medium M14 Ackinan Road Mixed Residential and Commmorcial Development $32,3001000 Yes Yes No Medium MIS AckmAn Road and Miller Road Extension to IL 47 $10,2001000 Yes Yes No Medium MI6 Mt. Thabor/Haligus and IL 176 Connectivity $$500,000 Yes Yes NO Medium M17 Industrial Park Connection between McCorme➢ Road and US 14 $18,6001000 Yes No Nu Low MIS Extension from Lakewood Road to Huntley Dundee Road $6,800,000 No Yes No Low ➢5 Marengo Road Corridor Preservation from US 20 to Main Street* $0 Yes Yes Yes Preservation B7,B12,1113,&➢15 IL 176 Corridor Preservation from IL 23 to US 12* $0 Yes Yes Yes Preservation B8 US 14 Corridor Preservation from IL 120 to IL 23* $0 Yes No Yes Preservation BH&B17 IL 173 Corridor Preservation from IL 23 to IL 47 and East of US 12* $0 Yes No Yes Preservation BIB IL 23 Corridor Preservation from IL 176 to US 14* $0 Yes No No Preservation *Note: Costs for these corridor preservation projects me included as part of the bicycle and pedestrian plan. $1,013,400,000 lt,afotv:�d 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 Motorized Vehicles Plan, Motor Vehicle Projects and Motor Vehicles Plan Goals and Evaluation (McHenry County 2040 Long Range Transportation Plan) APPENDIX Fa MOTOR VEHICLES PROJECTS ad PLAN GOALS EVALUATION The following table represents an evaluation undertaken by the McHenry County llivisfon of Transportation of the ability of each project to meet the plans Goals. Seven "yes" or "no" questions were asked of each project: Goal #1: Does this mitigate existing congestion? Goa142: Does this improve travel safety? Goal #3: Does this improve transportation conditions for motor vehicles and non -drivers? Goal #4: Does this improve other modes of transportation? Goal #5: Does this improve human and ecological health? Goal #6A: Does this support existing land uses? Goal #6B: Does this support large scale development or redevelopment? When the answer was clearly depatable, a Yes & No response was given. 'lYansportation Trausportation Highway and Land Number of ti Estimated Mobility Transportation Environmental and Land Project Congestion Safety Use (Future Plan Goals Costs ($2013) for All Choices Quality Use (Existing Mitigation Large Scale filet Development) evelopment) Woodstock to Huntley Capacity, $104,779,855 Yes Yea Yes Yes Yes & No Yes Yes 6.5 M1 Operations, and Side Path (IL 47) Crystal Lake to McHenry Capacity, M3 $1011143.636 Yes Yes No Yes Yes & No Yes Yes 5.5 Operations, and Side Path (IL 31) Richmond to Fox Lake Capacity' $10068304000 Yes Yes No No No Yes Yes 4 M5 Operatioas, and Side Path(US 12) Woodstock Traffic M2 $94 881,364 Yes Yes Yes Yes Yes & No Yes Yes 6.5 Circulation (IL 47) Randall Road M9 Commercial Center $900837,009 Yes Yes No Yes No Yes Yes 5 Development B7, B12t IL 176 Corridor $88 860,715 Yes & No No No No No Yea & No Yes 2 B131 Preservation YYlc?eiuqy Ccrruffy 2040 LONG RANGE Transportation Plan 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 Motorized Vehicles Plan, Motor Vehicle Projects and Motor Vehicles Plan Goals and Evaluation (McHenry County 2040 Long Range Transportation Plan) Transportation Transportation Highway and Land Number of Estimated Mobility Transportation Environmental and Land Project Congestion Safety Use (Future Plan Goals Costs ($2013) for All Choices Quality Use (Existing Mitigation Large Scale Met Development} Development} North Algonquin WO $76,4790545 Yes Yes Na No No Yes Yes 4 Fox River Crossing Crystal Lake to Woodstock M4 Capacity, $75,6830636 Yes Yes No Yes No Yes Yes 5 Operations, and Side Path (US 14) 817, IL 173 Corridor $631714,545 Yea & Na Na No No No Yes Yes 2.5 Bll Preservation Marengo Access to M6 Interstate 90 $584000,000 Yes & No No No No No Yes Yes 2.5 New Congestion Mitigation Route Mll Southwestof $51,28$182 Yes Yes No No No Yes Yes 4 McHenry North McHenry Fox M7 River Crossing $471003,636 Yes Yes No No No Yea Yes 4 Extension of M12 Algonquin Road to $43 75L818 Yes & No Yes No Yes Yes & No No Yes 4 Huntley High School New Congestion M6 Mitigation Route in $35 877,697 Yes Yes No No No Yes Yes 4 South Marengo Ackrnan Road Mixed Residential M14 and Cominercial $32,270,636 Yes Yes No No No No Yes 3 Development US 14 Corridor H8 Preservation $321138,909 Yes No No No Na Yes Yes 3 FJ Exhibit C Plat of Dedication ""`°'°°`°°° Plar�,T �7F laEi�ICATICIN PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 4 ANO THE NORTHEAST QUARTER OF SECTION M TOWNSHIP AS NORTH, RANGES, EAST MOHo,ov Coueav, lL_ l jLVg' OITIa IT A, _ . -. °a m:sas II I _VAL 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 't LAM wallm, uc.®Is 10 ALL amm, m, WIN is Am fa- wain N 10 ALL amm, m, WIN is Am fa- wain N 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 PUBLIC HEARING TO: Mayor and City Council FOR: July 20, 2015 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Public Hearing and consideration of an annexation agreement, annexation, conditional use permit to allow an assembly use, including a one-night/week use as a PADS (Public Action to Deliver Shelter) facility and temporary sign variances for the property located at 1809 South Illinois Route 31 (unincorporated) ATT: 1. Location Maps 2. Photographs of Subject Property and Surrounding Area 3. Unapproved Planning and Zoning Commission Minutes dated June 17, 2015 4. City Council Minutes dated August 19, 2013 5 Ordinance authorizing execution of an annexation agreement between the City of McHenry and The Chapel 6. Ordinance annexing property located at 1809 South Illinois Route 31 7. Ordinance granting a conditional use permit to allow an assembly use, including aone- night/week use as a PADS (Public Action to Deliver Shelter) facility for the property located at 1809 South Illinois Route 31 8. Petition for Annexation 9. Draft Annexation Agreement 10. Application Packet BACKGROUND: The Chapel currently holds worship services at McHenry High School West Campus, and they have done so for the past several years. The Chapel appeared before the City Council on August 19, 2013 (minutes attached) to obtain a conditional use permit to allow 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 an assembly use to construct a new church bung. The City Council authorized execution of an annexation agreement and approved an ordinance annexing the property and granted a conditional use permit to allow an assembly use. The Chapel subsequently purchased the property located at 414 S Crystal Lake Road (Koehn Farm). In the interim The Chapel was provided an opportunity to locate in an existing building, 1809 South Illinois Route 31 and has decided to pursue the annexation of this property to the City of McHenry, renovation of the existing building and eventually hold services at 1809 South Illinois Route 31. Currently, the Chapel is utilizing the building, formerly occupied by Tonerhead for administrative space as well as small group functions. If approved The Chapel intends to continue utilize the building in the aforementioned manner and when they raise sufficient funds to complete interior and exterior alterations, hook-up to City sewer and water and install sprinklers they will have a permanent facility and discontinue holding services at McHenry West High School. The property at 1809 South Illinois Route 31 is zoned I-1 Industrial in unincorporated McHenry County and contains a one-story 53,000 square -foot building constructed in 1967. There are two freestanding signs currently on the site as well as a billboard. In accordance with the building code, as long as no more than 100 people occupy the building at 1809 South Illinois Route 31 at any one time The Chapel can continue to utilize it for administrative space and holding small group functions. Staff and McHenry Township Fire Protection District have walked -through the building and are comfortable with this plan moving forward. Similar to the Koehn Farm the property located at 1809 South Illinois Route 31 is currently located in unincorporated McHenry County so annexation to the City is required. If annexed the property will automatically be zoned E Estate District. A conditional use permit is required; however, for an assembly use and as part of this request The Chapel is also seeking approval to serve as an overnight Public Action to Deliver Shelter (PADS) site one night/week. An assembly use is defined as follows: 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, 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. Assembly uses include religious institutions in addition to any other type of larger gathering place. The Chapel is proposing to renovate the existing building and construct a church facility, 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 with a seating capacity of approximately 460 people. Two hundred twenty-seven parking spaces are depicted on the site plan. An assembly use of this type requires .25 spaces/person design capacity of the facility. The site plan depicts the majority of the parking west of the existing building with driveway wrapping around the entire building. Currently, there are three access points onto Illinois Route 31 from the subject property. Staff believes this is an appropriate location for this type of assembly use which will not adversely impact neighboring properties or public safety and health. It is staff's belief the use will not require any additional public services and is compatible with the surrounding area and easily accessible off of a state roadway. Staff's primary concern is the traffic which will be generated from the use during the proposed service times as well as providing safe ingress and egress to and from the subject property. The applicant has submitted a traffic study. The traffic study analyzes traffic flow assuming The Chapel will hold two services on Sunday morning and conduct minimal activities during the week. The study recommends Illinois Route 31 be restriped to provide a two-way left -turn lane to serve the site and Waste Management facility immediately to the north. It should be noted the Illinois Department of Transportation has jurisdiction over Illinois Route 31 and will dictate Oat off -site roadway improvements should be completed and how the existing and new access points should be designed. A traffic signal is planned at Veterans Parkway and Illinois Route 31 and is scheduled to be installed when the warrants for the signal are met. The traffic signal was included as part of the annexation agreement which annexed 90 acres to the east and north of the subject property. This includes Morgan Hill Subdivision and Prairie Pointe Business Park. The Illinois Department of Transportation is also undergoing along -term roadway improvement plan for Route 31 from Illinois Route 176 to the south to Illinois Route 120 to the north. Staff has recommended The Chapel make every reasonable effort to obtain an access easement from Waste Management to have the ability to access the traffic signal upon installation at Veterans Parkway and Illinois Route 31. The Chapel property and Waste Management site are currently interconnected and accessing a future signal would benefit The Chapel and be utilized primarily when Waste Management is not operating at full capacity -on the weekend. Staff is working with the applicant to determine if this easement already exists and if it does no further cross access easement will be required to be obtained from Waste Management. It is the intent of The Chapel to connect to City sewer and water and install a sprinkler system at such time the majority of the building renovations are undertaken. When these renovations are done all applicable City ordinances will be required to be met including: building, zoning and stormwater. 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 Attached are several pictures of the subject property. There some property maintenance items which staff recommends be completed immediately. These deal primarily with weed and trash removal and ensuring adequate parking lot lighting is in place. Staff is also recommending one of the two freestanding signs be removed within 90 days of annexation to the City and the billboard be removed when the future renovations occur or prior to the expiration of the conditional use for an assembly use (five years), whichever occurs first. Temporary sign variances are required in order for the Chapel to maintain the two freestanding signs for 90 Jays following annexation and also to allow the billboard to remain in accordance with the aforementioned conditions. The Chapel has been a great partner with the City and has been extremely cooperative and worked very well with the City in preparing the property previously annexed and cooperating with abutting property owners in cleaning up the site at 414 Crystal Lake Road, razing the existing structures, removing brush and trimming trees, etc. Chapel staff has been very responsive to all concerns staff has raised. Additionally, staff has been working with The Chapel on the site at 1809 S Illinois Route 31 for several months and supports the proposed conditional use at 1809 S Illinois Route 31. ANNEXATION AGREEMENT: The attached annexation agreement includes provisions which are required to be addressed in the short term (within 90 days of annexation approval) and future improvements which must be completed when the major site and building renovations occur (2-3 years). Improvements to be completed and conditions imposed within the annexation agreement in the short-term (wn 90 days of annexation approval): • Parking lot patching and restriping shall be completed to the reasonable satisfaction of the City; • Property maintenance issues on the property including: cutting and removal of overgrown grass and weeds and trash and debris removal shall be completed; • All existing lighting standards on the property shall be tested to ensure the minimum parking lot lighting requirements, outlined in the CITY'S zoning ordinance are met; • The existing building shall not be utilized as an overnight PADS temporary shelter site; • Applicant shall comply with all Illinois Department of Transportation (IDOT) requirements to permit the use of the building in the short-term (100 people or less); 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 existing building shall be permitted assembly use, however such use be limited to a maximum occupancy of one hundred (100) people at any one time; • The freestanding sign located at the southeast corner of the subject property shall be removed; • The existing building shall only be utilized following a successful code compliance inspection by the CITY and McHenry Township Fire Protection District. Improvements to be completed or conditions imposed in the annexation agreement in the long-term (Future Improvements -projected in 2-3 years): • Dumpsters currently located on the north side of building shall be relocated to the west of the building including all enclosure and screening requirements of the City of dumpsters when • All mechanical equipment shall be enclosed and screened in accordance with all applicable City laws, ordinances, rules and regulations. The proposed building constructed on the property shall have an appearance substantially in accordance with Exhibit "C" entitled "CONCEPTUAL BUILDING RENDERINGS" • The existing building shall only be utilized following a successful code compliance inspection by the CITY and McHenry Township Fire Protection District; • Make every reasonable effort to obtain cross access easement from property owner to north, Waste Management when a traffic is installed at the intersection of Veterans Parkway and Illinois Route 31; • Work with the Illinois Department of Transportation on improvements required in the long-term; • Dedication of right-of-way necessary to accommodate future improvements along Illinois Route 31; • The existing billboard shall be removed contemporaneously with the completion of the Future Improvements or prior to the expiration of the conditional use permit for an assembly use whichever occurs first. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval (5-0) of a conditional use permit to allow an assembly use including a one-night/week use as a PADS (Public Action to Deliver Shelter) site on the property located at 1809 S. Illinois Route 31, as presented by applicant The Chapel, with the following conditions, as amended: 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 • The site is developed in substantial conformance with the site plan prepared by Skiffington Architects, LTD dated 9/25/14; • An annexation agreement be negotiated and presented to the City Council contemporaneously with this zoning request; • One freestanding sign be removed from subject property within 90 days of annexation approval by the City Council; • The building on the subject property shall only be utilized, following a walk-thru inspection, if 100 people or less are inside at any one time until such time the interior renovations are completed and the building is prepared and inspected to be utilized as a permanent church facility; • Applicant shall contact the Illinois Department of Transportation and submit an approval letter from IDOT permitting the use of the building in the short-term (100 people or less) within 90 days of annexation approval by the City Council; • All off -site and on -site (access and roadway) improvements shall be in accordance with the requirements of IDOT, • Applicant shall dedicate any right-of-way required for long-term roadway improvements to Illinois Route 31; dedication shall be made to the City free and clear of any liens and encumbrances and a plat of dedication shall be submitted to the City for recordation; City will work with applicant and IDOT to determine amount of right- oUway which may be required; • Applicant shall make every effort to obtain a cross -access easement from Waste Management to facilitate access to the future traffic signal at Veterans Parkway and Illinois Route 31; • Property maintenance issues including: weed and trash and debris removal shall be completed within 90 days following annexation approval by the City Council; • Parking lot patching and restriping to accommodate use of the building for 100 people or less, shall be completed following annexation approval by the City Council and when building renovations are completed but before a certificate of occupancy is issued; • Dumpsters on north side of building shall be relocated to the west of the building when building renovations occur and all dumpsters shall be fully enclosed and screened, in addition to all mechanical equipment, in accordance with City ordinances; • All existing lighting standards shall be tested to ensure the minimum parking lot lighting requirements, outlined in the City's zoning ordinance, are met within 90 days of City Council approval of the annexation; • Following completion of interior and exterior building renovations and prior to a certificate of occupancy being issued on the subject property for an assembly use, the existing well and septic systems shall be abandoned and sewer and water shall be 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 extended to the subject property; sewer shall be extended along the entire frontage of the eastern property line with stubs to the north and south and appropriate permits from the City, IEPA, IDOT and McHenry County Department of Health shall be obtained; • Following completion of interior and exterior building renovations and prior to a certificate of occupancy being issued on the subject property for an assembly use all City ordinances shall be followed and complied with including but not limited to: zoning, building and stormwater; • The building shall not be utilized as an overnight PADS site until a final certificate of occupancy is approved by the City, following complete renovations to the building. If the City Council concurs with the Planning and Zoning Commission and staffs recommendations pertaining to the existing signs the following is recommended: 1. Approval of the attached ordinance authorizing the Mayor's execution of an annexation agreement between the City of McHenry and The Chapel (Mayor and City Council vote 2/3 majority or 6 votes required for approval); 2. Approval of the attached ordinance annexing the property at 1809 South Illinois Route 31 (Mayor and City Council vote -simple majority required); 3. Approval of the attached ordinance authorizing a conditional use permit to allow an assembly use including a one-night/week use as a PADS (Public Action to Deliver Shelter) for the property located at 1809 South Illinois Route 31 (unincorporated) with aforementioned conditions as recommended by the Planning and Zoning Commission (City Council only vote -simple majority required); 4. Approval of temporary sign variances to allow two freestanding signs and a billboard which current exist on property. The freestanding sign located at the southeast corner of the subject property shall be removed from the within ninety (90) days of annexation approval by the City Council. The existing billboard shall be removed contemporaneously with the completion of the Future Improvements as stipulated in the annexation agreement or prior to the expiration of the conditional use permit for an assembly use whichever occurs first (City Council only vote -simple majority required). 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 Location Maps: 1809 South Illinois Route 31 r.NWA [E ZAA i Pw HCA OF T"M FO% RlV 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 View looking north at Waste Management Facility depicting interconnection of subject property and Waste Management site View looking west along southern property line 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 View looking west along south property line of subject property View looking north towards Waste Management Facility 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 Looking northeast at existing building on subject property Looking north along Route 31 from subject property 11 HEART OF THE PDX ticsar oc -rHo Fox " .•F Y M+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 City of McHenry Unapproved Planning and Zoning Commission Minutes June 17, 2015 Chairman Strach called the June 17, 2015 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty, Bromley, Nadeau, Strach, and Thacker. Absent: Vallez, Sobotta. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Planning and Zoning Secretary Wolf. Public Hearing: The Chapel File No. Z-864 1809 S. Illinois Route 31 Conditional use permit to allow an assembly use including aone-night/week Use as a PADS (Public Action to Deliver Shelter) site Chairman Strach called the Public Hearing to order at 8:13 p.m. regarding File No Z-864 an application for a conditional use permit to allow an assembly use including a one-night/week use as a PADS (Public Action to Deliver Shelter) site as submitted by the Chapel for the property located at 1809 S. Illinois Route 31. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on May 30, 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 was Mr. Jeff Pittman, 313 S. Cross Trail, McHenry, IL, Campus Pastor of the Chapel in McHenry, who was sworn in by Chairman Strach and provided a summary of the request before the Commission at this Hearing stating they have been in the community for about 5 years. Mr. Pittman stated The Chapel originally planned to build a church on land at 414 S. Crystal Lake Rd., but since that property was purchased an opportunity to obtain the property at 1809 S. Route 31 became available to them which already has an existing building on it that will save them money to renovate rather than building a new facility from the ground up. He stated they plan on selling the land on Crystal Lake Rd. to help fund renovations on the new property. Mr. Pittman also stated they are open to being a PADS location on a weekly 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 rotation in the future at the new church facility. They are in the process of being annexed into the City of McHenry and will need a conditional use for assembly use once the annexation is complete. Mr. Pittman stated they love the McHenry community and it is their desire to continue to be a blessing to the community, which includes being a good neighbor. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter stating the property is zoned 1-1 Industrial in unincorporated McHenry County and contains a one-story 53,000 square -foot building constructed in 1967. The Chapel currently holds worship services at McHenry High School West Campus, and they have done so for the past several years. The Chapel appeared before the Planning and Zoning Commission on July 25, 2013 to obtain a conditional use permit to allow an assembly use to construct a new church building. The City Council authorized execution of an annexation agreement, approved an ordinance annexing the property, and granted a conditional use permit to allow an assembly use. The Chapel subsequently purchased the property located at 414 S Crystal Lake Road (Koehn Farm). In the interim The Chapel was provided an opportunity to locate in an existing building, 1809 South Illinois Route 31, and have decided to pursue the annexation of this property to the City of McHenry (consisting of approximately 4.71 acres), renovation of the existing building, and eventually hold services at 1809 South Illinois Route 31. Currently, the Chapel is utilizing the building, formerly occupied by Tonerhead, for administrative space as well as small group functions. If approved, The Chapel intends to continue to utilize the building in the aforementioned manner and when they raise enough funds to complete interior and exterior aIterations, hook-up to City sewer and water, and install sprinklers they will have a permanent facility and discontinue holding services at McHenry West High School. In accordance with the building code, as long as no more than 100 people occupy the building at 1809 South Illinois Route 31 at any one time The Chapel can continue to utilize it for administrative space and holding small group functions. Staff and McHenry Township Fire Protection District have walked -through the building and are comfortable with this plan moving forward. Similar to the Koehn Farm the property located at 1809 South Illinois Route 31 is currently located in unincorporated McHenry County so annexation to the City is required. Staff is working with the Chapel on an annexation agreement for this property, which will be presented to the City Council. If annexed, the property will automatically be zoned E Estate District. A conditional use permit is required, however, for an assembly use and as part of this request The Chapel is seeking approval to possibly serve as an overnight Public Action to Deliver Shelter (PADS) site one night/week. 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 Assembly uses include religious institutions in addition to any other type of larger gathering place. The Chapel is proposing to renovate the existing building and construct a church facility, with a seating capacity of approximately 460 people. Two hundred twenty-seven parking spaces are depicted on the site plan. An assembly use of this type requires .25 spaces/person design capacity of the facility. The site plan depicts the majority of the parking west of the existing building with a driveway wrapping around the entire building. Currently, there are three access points onto Illinois Route 31 from the subject property. Staff believes this is an appropriate location for this type of assembly use which will not adversely impact neighboring properties or public safety and health. It is staffs belief the use will not require any additional public services and is compatible with the surrounding area and easily accessible off of a state roadway. In reviewing criteria for a conditional use permit, staff's primary concern is the traffic which will be generated from the use during the proposed service times as well as providing safe ingress and egress to and from the subject property. The applicant has submitted a traffic study. The traffic study analyzes traffic flow assuming The Chapel will hold two services on Sunday morning and minimal activities during the week. The study recommends Illinois Route 31 be restriped to provide a two-way left -turn lane to serve the site and Waste Management facility immediately to the north. It should be noted the Illinois Department of Transportation has jurisdiction over Illinois Route 31 and will dictate what off -site roadway improvements should be completed and how the existing and new access points should be designed. A traffic signal is planned at Veterans Parkway and Illinois Route 31 and will be installed when the warrants for the signal are met. The traffic signal was included as part of the annexation agreement which annexed 90 acres to the east and north of the subject property. This includes Morgan Hill Subdivision and Prairie Pointe Business Park. The Illinois Department of Transportation is also undergoing along -term roadway improvement plan for Route 31 from Illinois Route 176 to the south to Illinois Route 120 to the north. Staff has recommended The Chapel obtain an access easement from Waste Management to have the ability to access the traffic signal upon installation at Veterans Parkway and Illinois Route 31. The Chapel property and Waste Management site are currently interconnected and accessing a future signal would benefit The Chapel and be utilized primarily when Waste Management is not operating at full capacity -on the weekend. It is the intent of The Chapel to connect to City sewer and water and install a sprinkler system at such time the building renovations are undertaken. When these renovations are done all applicable City ordinances will be required to be met, including building, zoning and stormwater. 16 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us There some property maintenance items which staff recommends are completed immediately or at minimum in a timely manner. These deal primarily with weed and trash removal; relocation of the dumpsters, and ensuring adequate parking lot lighting is in place. Staff is also recommending one of the two freestanding signs be removed. The Chapel has been a great partner with the City, has been extremely cooperative and worked very well with the City in preparing the property previously annexed and cooperating with abutting property owners in cleaning up the site at 414 Crystal Lake Road, razing the existing structures, removing brush and trimming trees, etc. Chapel staff has been very responsive to all concerns staff has raised. Additionally, staff has been working with The Chapel on the site at 1809 S Illinois Route 31 for several months and supports the proposed conditional use at 1809 S Illinois Route 31. Staff recommends approval of a conditional use permit to allow an assembly use, including a one-night/week use as a PADS (Public Action to Deliver Shelter) site, at 1809 South Illinois Route 31 with the following conditions: • The site is developed in substantial conformance with the site plan prepared by Skiffington Architects, LTD dated 9/25/14; • An annexation agreement be negotiated and presented to the City Council contemporaneously with this zoning request; • One freestanding sign be removed from subject property within 90 days of annexation approval by the City Council; • The building on the subject property shall only be utilized, following a walk-thru inspection, if 100 people or less are inside at any one time until such time the interior renovations are completed and the building is prepared and inspected to be utilized as a permanent church facility; • Applicant shall contact the Illinois Department of Transportation and submit an approval letter from IDOT permitting the use of the building in the short-term (100 people or less) within 90 days of annexation approval by the City Council; • All off -site and on -site (access and roadway) improvements shall be in accordance with the requirements of [DOT; • Applicant shall dedicate any right-of-way required for long-term roadway improvements to Illinois Route 31; dedication shall be made to the City free and clear of any liens and encumbrances and a plat of dedication shall be submitted to the City for recordation; City will work with applicant and IDOT to determine amount of right- of-way which may be required; 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 • Applicant shall make every effort to obtain across -access easement from Waste Management to facilitate access to the future traffic signal at Veterans Parkway and Illinois Route 31; • Property maintenance issues including: weed and trash and debris removal, parking lot patching and restriping to accommodate use of the building for 100 people or less, shall be completed within 90 days following annexation approval by the City Council; • Dumpsters on north side of building shall be relocated to the west of the building in the short-term, within 90 days following City Council approval, and when building renovations occur all dumpsters shall be fully enclosed and screened, in addition to all mechanical equipment, in accordance with City ordinances; • All existing lighting standards shall be tested to ensure the minimum parking lot lighting requirements, outlined in the City's zoning ordinance, are met within 90 days of City Council approval of the annexation; • Following completion of interior and exterior building renovations and prior to a certificate of occupancy being issued on the subject property for an assembly use, the existing well and septic systems shall be abandoned and sewer and water shall be extended to the subject property; sewer shall be extended along the entire frontage of the eastern property line with stubs to the north and south and appropriate permits from the City, IEPA, IDOT and McHenry County Department of Health shall be obtained; • Following completion of interior and exterior building renovations and prior to a certificate of occupancy being issued on the subject property for an assembly use all City ordinances shall be followed and complied with including but not limited to: zoning, building and stormwater; • The building shall not be utilized as an overnight PADS site until a final certificate of occupancy is approved by the City, following complete renovations to the building. Staff finds the requirements of Table 31 of the zoning ordinance have been met. Deputy of Economic Development Martin stated Mr. Pittman had a concern with the timing allowed to Jean up the property maintenance issues and relocation of the dumpsters noting that staff was open to suggestions at this hearing to reach a compromise on these two conditions. Chairman Strach invited questions and/or comments from the Commission. Commissioner Bromley asked for verification that the Chapel is not relocating their church services to this building yet but simply using it for small group meetings. Mr. Pittman replied that is correct, the space is only being used for youth groups and meetings for now until renovations are completed. Church services will not move to the new building until that time. m k "PEN TNG Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Commissioner Bromley expressed safety concerns with the site being used as a PADS site and inquired what the process was to become a PADS site. Mr. Pittman replied they are only beginning the process of researching the requirements and that nothing will happen until the facility is fully renovated and safe, and that is conditioned on the Chapel being accepted as a PADS site. Director of Economic Development Martin stated they are requesting the ability for PADS to be housed in the building just one night a week. The parking plan does allow excess space for PADS usage. Commissioner Doherty expressed concern for the safety of a PADS site in relation to sidewalks, inquiring if they were included in the plan along Route 31 at least to the traffic signal. Director of Economic Development Martin stated everything is conditioned on the Chapel working with IDOT, but presently there is no plan asking for offsite sidewalks. Chairman Strach opened the floor to questions and comments from the audience. Mr. Ryan McGuire, 801 N Jefferson Street, Harvard, IL 60003, was sworn in by Chairman Strach prior to addressing the Commission stating he manages the property at 1811 S. Route 31 and the owners of that property asked him to get information on the subject property being used as a PADS site. Their concerns were mainly regarding the number of people that would be serviced, transportation, hours and days of operation and construction safety. He stated they believe the shelter would be good for the community and only want to be educated on the process. Director of Economic Development Martin reiterated the request for PADS is only for one night a week and the exact day cannot be known at this time. He further stated that parking and safety issues will be scrutinized. Mr. Martin stated the City of McHenry has had other Host PADS sites throughout the years with no known issues. Director of Economic Development Martin stated the subject property is a good site due to its accessibility but agreed the road is quite busy. Mr. Pittman state PADS sites only operate in the winter and further stated they have indicated they are only open to being a site and nothing is definite. They are just in the exploratory stage and there is a possibility they will not be accepted as a PADS site. He stated they are also concerned with safety and accessibility. Director of Economic Development Martin stated at one time he volunteered at a PADS shelter in Schaumburg and clients were in by 7:00 p.m. and out by 7:00 a.m. Addressing Mr. McGuire, Or. Martin exchanged information and stated he would provide a conceptual site plan and staff report to him. Chairman Strach closed the public comment portion of the hearing at 8:30 pm Motion by Nadeau, seconded by Thacker, to recommend to the City Council with regard to File No. Z-864, an application for a conditional use permit to allow an assembly use including a one- 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 night/week use as a PADS (Public Action to Deliver Shelter) site on the property located at 1809 S. Illinois Route 31, as presented by applicant The Chapel, with the following conditions, as amended. • The site is developed in substantial conformance with the site plan prepared by Skiffington Architects, LTD dated 9/25/14; • An annexation agreement be negotiated and presented to the City Council contemporaneously with this zoning request; • One freestanding sign be removed from subject property within 90 days of annexation approval by the City Council; • The building on the subject property shall only be utilized, following a walk-thru inspection, if 100 people or less are inside at any one time until such time the interior renovations are completed and the building is prepared and inspected to be utilized as a permanent church facility; • Applicant shall contact the Illinois Department of Transportation and submit an approval letter from IDOT permitting the use of the building in the short-term (100 people or less) within 90 days of annexation approval by the City Council; • All off -site and on -site (access and roadway) improvements shall be in accordance with the requirements of IDOT; • Applicant shall dedicate any right-of-way required for long-term roadway improvements to Illinois Route 31; dedication shall be made to the City free and clear of any liens and encumbrances and a plat of dedication shall be submitted to the City for recordation; City will work with applicant and IDOT to determine amount of right- of-way which may be required; • Applicant shall make every effort to obtain a cross -access easement from Waste Management to facilitate access to the future traffic signal at Veterans Parkway and Illinois Route 31; • Property maintenance issues including: weed and trash and debris removal shall be completed within 90 days following annexation approval by the City Council; • Parking lot patching and restriping to accommodate use of the building for 100 people or less, shall be completed following annexation approval by the City Council and when building renovations are completed but before a certificate of occupancy is issued; • Dumpsters on north side of building shall be relocated to the west of the building when building renovations occur and all dumpsters shall be fully enclosed and screened, in addition to all mechanical equipment, in accordance with City ordinances; • All existing lighting standards shall be tested to ensure the minimum parking lot lighting requirements, outlined in the City's zoning ordinance, are met within 90 days of City Council approval of the annexation; 20 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 • Following completion of interior and exterior bung renovations and prior to a certificate of occupancy being issued on the subject property for an assembly use, the existing well and septic systems shall be abandoned and sewer and water shall be extended to the subject property; sewer shall be extended along the entire frontage of the eastern property line with stubs to the north and south and appropriate permits from the City, IEPA, IDOT and McHenry County Department of Health shall be obtained; • Following completion of interior and exterior building renovations and prior to a certificate of occupancy being issued on the subject property for an assembly use all City ordinances shall be followed and complied with including but not limited to: zoning, building and stormwater; • The building shall not be utilized as an overnight PADS site until a final certificate of occupancy is approved by the City, following complete renovations to the building. be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Bromley, Doherty, Nadeau, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Vallez, Sobotta. Motion carried 5-0. Chairman Strach closed the Public Hearing regarding File No. Z-864 at 8:35 p.m. Respectfully submitted, Dorothy M. Wolf, Planning Secretary City of McHenry & Zoning 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 CITY COUNCIL REGULAR MEETING August 19 2013 Mayor Low called the regularly scheduled August 19, 2013 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, Peterson and Condon. Absent: None. Also in attendance were City Administrator Morefield, Deputy City Administrator Martin, Deputy City Administrator Hobson, Director of Public Works Schmitt, Chief of Police Jones, Director of Finance Lynch, City Engineer Pieper and City Clerk Jones. Absent: City Attorney McArdle. PUBLIC HEARING FOR AN ORDINANCE AUTHORIZING AN ANNEXATION AGREEMENT WITH THE CHAPEL; APPROVAL OF AN ORDINANCE ANNEXING THE PROPERTY LOCATED AT 414 SOUTH CRYSTAL LAKE ROAD; AND AN ORDINANCE AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE AT SAID PROPERTY Mayor Low opened the Public Hearing at 7:31 pm. Mayor Low requested comments and discussion from Council. Deputy City Administrator Martin informed Council that the Chapel Church currently holds worship services out of McHenry High School West Campus. The Chapel is presently under contract to purchase the property located at 414 South Crystal Lake Road, the Koehn Farm. Following purchase of the property, it is the intent of The Chapel to have a fundraising campaign, expanding over the next few years, in anticipation of constructing a new worship facility. The Koehn Farm is located in unincorporated McHenry County; therefore, annexation to the City of McHenry is required. If the property is annexed it would be zoned E —Estate District. A conditional use permit would be required for assembly use. Assembly uses include religious institutions in addition to any other type of larger gathering place. According to the site plan, The Chapel is proposing to construct an approximately 25,000 square foot church facility, with a seating capacity of 400 people. Two hundred twenty-five parking spaces are depicted on the site plan. An assembly use of this type requires .25 spaces/person design capacity of the facility. Accordingly, one hundred parking spaces are required by ordinance. The site plan also depicts an additional future parking area together with a couple of playing fields and a detention area. The Chapel intends to raze all existing 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 buildings on -site, with the exception of the green pole barn, which they are proposing to relocate from its current location to behind the church building. Staff believes this is an appropriate location for this type of assembly use and that it will not adversely impact neighboring properties or public safety and health. It is Staff's belief the use will not require any additional public services and is compatible with the surrounding area. In reviewing the criteria for a conditional use permit, Staff's primary concern is for traffic, which will be generated from the use during the proposed service times. Applicant has submitted a traffic study and is planning road improvements to minimize any adverse impact on traffic flow in the area. Deputy City Administrator Martin stated the Planning and Zoning Commission unanimously recommended approval, by a vote of &0, of a conditional use permit to allow an assembly use at 414 South Crystal Lake Road, with the condition the site is developed in substantial conformance with the layout depicted on the Preliminary Site Plan. Alderman Condon opined she is comfortable that this is a good location. Alderman Glab inquired about the status of discussions regarding a future service road to connect Knox Drive to Crystal Lake Road. Deputy City Administrator Martin stated the intent is to extend the south property line at some point. The proposal includes a driveway, which would extend along the south property line. Alderman Glab inquired if the driveway would be a private drive. Mr. Martin stated that it would depend on how surrounding parcels developed. Alderman Glab stated he would like to have the wording in the Annexation Agreement revised to assure the $10,000, which is currently site specific for installation of a future traffic signal at Bull Valley Road and Cunat Drive, is not lost should something change in the future. Alderman Condon concurred with Alderman Glab regarding designation of the $10,000. Alderman Condon opined the City of McHenry should maintain control regarding the use of the funds. Alderman Glab expressed concerns regarding the speed limit in the area. Deputy City Administrator Martin indicated that the speed limit reduces from 50 mph to 35 mph on Crystal Lake Road. He suggested the City petition the County of McHenry to have the speed limit reduced to 45 mph. Alderman Santi inquired whether 100% of the farm property was being purchased and whether Parcel 2 was included in the purchase. Staff assured Alderman Santi that Parcel 2 is not included in the purchase. Alderman Santi requested confirmation regarding 1,000 feet of the corner entrance for a build out of a right hand turn lane. Deputy City Administrator Martin informed Council that there is both a right hand turn lane and a left hand turn lane. Mayor Low inquired whether there were any comments from the audience. There were no comments from the audience. Mayor Low requested a motion to 23 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 close the Public Hearing. Motion by Santi, seconded by Blake to close the Public Hearing for an Ordinance authorizing an annexation agreement with The Chapel; approval of an ordinance annexing the property located at 414 South Crystal Lake Road; and, an ordinance authorizing a conditional use permit to allow an assembly use at said property. CONSIDERATION AND ACTION ON ORDINANCE AUTHORIZING AN ANNEXATION AGREEMENT WITH THE CHAPEL; APPROVAL OF AN ORDINANCE ANNEXING THE PROPERTY LOCATED AT 414 SOUTH CRYSTAL LAKE ROAD; AND AN ORDINANCE AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE AT SAID PROPERTY Responding to an inquiry from Council regarding a traffic light at Bull Valley Road, Deputy City Administrator Martin stated that there is no specific dedication for a traffic light at Bull Valley Road. Mayor Low inquired of Mr. Rick Egbert, Executive Pastor of the Chapel, whether there was any objection regarding revising the wording concerning the contribution of the $10,000. Or. Egbert stated The Chapel had no issues with the revision. Motion by Condon, seconded by Santi approving the Ordinance authorizing an Annexation Agreement with The Chapel. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Aye: Mayor Low Voting Nay: None. Absent: None. Motion carried. Motion by Santi, seconded by Schaefer approving an Ordinance annexing the property located at 414 South Crystal Lake Road. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Aye: Mayor Low Voting Nay: None. Absent: None. Motion carried. Motion by Condon, seconded by Blake approving the Ordinance for a Conditional Use Permit to allow an assembly use at 414 South Crystal Lake Road. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon, Voting Nay: None. Absent. None. Motion carried. Mayor Low wished Pastor Egbert and the members of his congregation good fortune with their endeavor. 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 ORDINANCE NO. 15- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY 4.7 ACRE PROPERTY LOCATED AT 1809 SOUTH ILLINOIS ROUTE 31 IN MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, an Illinois Municipal Corporation in the State of Illinois ("City'), McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, The Chapel, 1200 American Way Libertyville, IL 60048 is the record title holders ("Record Owner") of the real estate located at 4605 W Crystal Lake Road, in McHenry County, Illinois; and WHEREAS, notice of a public hearing was published in the Northwest Herald, a newspaper of general circulation in the City of McHenry, within the time provided by law, notifying the public of a hearing on said Annexation Agreement before the Corporate Authorities of the City of McHenry; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that entry into said Annexation Agreement is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS. M SECTION 1: The Annexation Agreement, bearing the date of July 20, 2015 between the City and Record Owner be and the same is hereby approved. A complete and accurate copy of said annexation agreement labeled "Chapel Annexation Agreement", is attached to this ordinance and incorporated herein by reference as Exhibit "A." SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Annexation Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. 25 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS MAYOR ATTEST: CITY CLERK 2015 DAY OF , 2015 26 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 Chapel Annexation Agreement (on file with the office of the City Clerk) 27 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 ANNEXING APPROXIMATELY 4.7 ACRES COMMONLY KNOWN AS 1809 S ILLINOIS ROUTE 31 IN 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 written petition has been filed with the City Clerk requesting annexation of said real estate to the City legally described on "Exhibit A", attached hereto and incorporated herein, the "SUBJECT PROPERTY", along with a complete and accurate plat of said real estate incorporated herein and attached hereto on "Exhibit B", and which petition has been filed in accordance with 65 ILCS 5/7-1-8; and WHEREAS, said real estate is not located within any other municipality or subject to an annexation agreement with any other municipality, and said real estate is presently contiguous to and may be annexed to the City in accordance with 65 ILCS 5/7-1-1, et seq.; and WHEREAS, the City of McHenry does not provide library or fire protection services to said real estate, so notice to the Fire Protection District or Public Library District of the annexation of said real estate is not required; and WHEREAS, the City has determined that the annexation of said real estate is in the best interest of the City, will promote sound planning and growth of the City, and otherwise enhance and promote the general welfare of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY be and the same is hereby annexed to and made a part of the corporate limits of the City of McHenry, including any and all portions of adjacent street, roads or highways as provided by law. SECTION 2: The City Clerk is hereby directed to cause a certified copy of this ordinance, together with said plat, to be recorded in the Office of the Recorder of Deeds of OR 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 McHenry County, Illinois. Following the recordation of this ordinance and plat, a copy thereof shall be filed in the Office of the Clerk of McHenry County, Illinois. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approvaI, and publication in pamphlet form as provided bylaw. PASSED THIS DAY OF , 2015 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS ATTEST: CITY CLERK DAY OF 29 MAYOR 2015 MUM r Department of Community & Economic Development McHenry Municipal Center Exhibit A t.egal Description of the SUBJECT PROPERTY 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us PARCEL 1: THE SOUTH 299.67 FEET (AS MEASURED BETWEEN PARALLEL LINES) OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WESTERLY OF THE CENTER LINE OF PUBLIC HIGHWAY KNOWN AS STATE ROUTE 31, IN MCHENRY COUNTY, ILLINOIS; ALSO PARCEL 2: EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY DEED FROM WASTE MANAGEMENT OF ILLINOIS, INC., A DELAWARE CORPORATION, TO ENCLAVE CORPORATION, AN ILLINOIS CORPORATION, DATED MARCH 15, 1988 AND RECORDED MARCH 16, 19889 AS DOCUMENT NO. 99R6993, OVER THE SOUTH 25 FEET, (EXCEPT FOR THE EASTERLY 30.01 FEET AND THE WESTERLY 164.0 FEET THEREOF), OF THE NORTH 251.98 FEET OF THE SOUTH 551.65 FEET OF THE WEST 345.74 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS. Permanent Real Estate Index Number: 14 10 402 006 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 B Plat of Annexation of SUBJECT PROPERTY (On file with the office of the City Clerk) 31 nu.ar oo r ORDINANCE NO 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 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE INCLUDING A ONE NIGHT PER WEEK USE AS A PADS (PUBLIC ACTION TO DELIVER SHELTER) SITE FOR THE PROPERTY LOCATED AT 1809 S ILLINOIS ROUTE 31 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 The Chapel, 1200 American Way Libertyville, IL 60048r requesting a Conditional Use Permit to allow an assembly use, including a one-night/week use as a PADS (Public Action to Deliver Shelter) site for the property located at 1809 South Illinois Route 31 and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 17, 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 of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY is hereby granted a Conditional Use Permit to allow an assembly use including aone-night/week use as a PADS (Public Action to Deliver Shelter) site on the property located at 1809 S. Illinois Route 31 subject to the following conditions: • The site is developed in substantial conformance with the site plan prepared by Skiffington Architects, LTD dated 9/25/14 attached hereto and incorporated herein as 32 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 B ("Site Plan") and Conceptual Bung Renderings dated May 15, 2015 attached hereto and incorporated herein as Exhibit C ("Conceptual Building Renderings"); • Conditional use permit shall expire on July 20, 2020 if site and building renovations are not completed in substantial conformance with the Site Plan and Conceptual Building Elevations attached hereto and incorporated herein as Exhibits B and C respectively; • The freestanding sign, located at the southeast corner of the Subject Property, shall be removed within 90 days of annexation approval by the City Council; • The existing billboard shall be removed contemporaneously with the completion of the Future Improvements or prior to the expiration of the conditional use permit for an assembly use whichever occurs first; • The building on the subject property shall only be utilized, following a walk-thru inspection, if 100 people or less are inside at any one time until such time the interior renovations are completed and the building is prepared and inspected to be utilized as a permanent church facility; • Applicant shall comply with all Illinois Department of Transportation (IDOT) requirements to permit the use of the building in the short-term (100 people or less); • All off -site and on -site (access and roadway) improvements shall be in accordance with the requirements of IDOT; • Applicant shall dedicate any right-of-way required for long-term roadway improvements to Illinois Route 31; dedication shall be made to the City free and clear of any liens and encumbrances and a plat of dedication shall be submitted to the City for recordation; City will work with applicant and IDOT to determine amount of right- of-way which may be required; • Applicant shall make every reasonable effort to obtain a cross -access easement, if one does not currently exist, from Waste Management to facilitate access to the future traffic signal at Veterans Parkway and Illinois Route 31 when a traffic signal is installed; • Property maintenance issues including: weed and trash and debris removal shall be completed within 90 days following annexation approval by the City Council; • Parking lot patching and restriping to accommodate use of the building for 100 people or less, shall be completed following annexation approval by the City Council and when building renovations are completed but before a certificate of occupancy is issued; • Dumpsters on north side of building shall be relocated to the west of the building when future building and site renovations occur in addition all dumpsters are required to be fully enclosed and screened, as well as all mechanical equipment, in accordance with City ordinances; 33 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • All existing lighting standards shall be tested to ensure the minimum parking lot lighting requirements, outlined in the City's zoning ordinance, are met within 90 days of City Council approval of the annexation; • Following completion of interior and exterior building renovations and prior to a certificate of occupancy being issued on the subject property for an assembly use, the existing well and septic systems shall be abandoned and sewer and water shall be extended to the subject property; sewer shall be extended along the entire frontage of the eastern property line with stubs to the north and south and appropriate permits from the City, IEPA, IDOT and McHenry County Department of Health shall be obtained; • Following completion of interior and exterior building renovations and prior to a certificate of occupancy being issued on the subject property for an assembly use all City ordinances shall be followed and complied with including but not limited to: zoning, building and stormwater; • The building shall not be utilized as an overnight PADS site until a final certificate of occupancy is approved by the City, following complete renovations to the building. 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. 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; 34 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 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect -from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2015 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS ATTEST: CITY CLERK DAY OF MAYOR 2015 35 NRART D6 TNa POI( RIVER Exhibit A Legal Description of the 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 PARCEL 1: THE SOUTH 299.67 FEET (AS MEASURED BETWEEN PARALLEL LINES) OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WESTERLY OF THE CENTER LINE OF PUBLIC HIGHWAY KNOWN AS STATE ROUTE 31, IN MCHENRY COUNTY, ILLINOIS; ALSO PARCEL 2: EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY DEED FROM WASTE MANAGEMENT OF II,LINOIS, INC., A DELAWARE CORPORATION, TO ENCLAVE CORPORATION, AN ILLINOIS CORPORATION, DATED MARCH 15, 1988 AND RECORDED MARCH 16, 1988, AS DOCUMENT NO. 99R6993, OVER THE SOUTH 25 FEET, (EXCEPT FOR THE EASTERLY 30.01 FEET AND THE WESTERLY 164.0 FEET THEREOF), OF THE NORTH 251.98 FEET OF THE SOUTH 551.65 FEET OF THE WEST 345.74 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS. Permanent Real Estate Index Number: 14 10 402 006 36 "K- RT OF THE COX Exhibit B Site Plan 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 37 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 C Conceptual Building Renderings m F THE FOX RIVE 4 PETITION FOR ANNEXATION TO THE CITY OF MCHENRY, ILLINOIS STATE OF ILLINOIS COUNTY OF MCHENRY ) TO: The Mayor and City Council Members City of McHenry, Illinois 333 S Green Street McHenry, IL 60050 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 undersigned petitioner (hereinafter referred to as the "PETITIONER"), being first duly sworn on oath, hereby respectfully represent and petition as follows: 1. The PETITIONER is the owner of record of all land within the territory (the "TERRITORY") hereinafter more particular described, to be annexed to the City of McHenry, Illinois, pursuant to this Petition, and no electors currently reside in the TERRITORY; 2. The TERRITORY is contiguous to the City of McHenry, Illinois, and is not included within the corporate limits of any municipality; 3. The PETITIONER requests that the TERRITORY, more particularly described as follows, to -wit: PARCEL 1: THE SOUTH 299.67 FEET (AS MEASURED BETWEEN PARALLEL LINES) OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WESTERLY OF THE CENTER LINE OF PUBLIC HIGHWAY KNOWN AS STATE ROUTE 31, IN MCHENRY COUNTY, ILLINOIS; ALSO PARCEL 2: EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY DEED FROM WASTE MANAGEMENT OF ILLINOIS, INC., A DELAWARE CORPORATION, TO ENCLAVE CORPORATION, AN ILLINOIS CORPORATION, DATED MARCH 15, 1988 AND RECORDED MARCH 16, 1988; AS DOCUMENT NO. 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 99R6993, OVER THE SOUTH 25 FEET, (EXCEPT FOR THE EASTERLY 30.01 FEET AND THE WESTERLY 164.0 FEET THEREOF), OF THE NORTH 251.98 FEET OF THE SOUTH 551.65 FEET OF THE WEST 345.74 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS. Permanent Real Estate Index Number: 14 10 402 006 together with any public streets or highways adjacent to and/or within the TERRITORY that have not previously been annexed to any municipality, be annexed to and become a part of the City of McHenry, Illinois; and 4. A Plat of Annexation, certified by a Registered Illinois Land Surveyor, of the TERRITORY will be filed by Petitioner if this Petition is approved; and 5. That said Annexation be pursuant to the Annexation Agreement attached hereto and incorporated herein as Exhibit A. WHEREFORE, the Petitioners respectfully request that an Ordinance be adopted by the City Counsel of the City of McHenry, Illinois, annexing the TERRITORY to said City pursuant to the attached Annexation Agreement and that all such other proceedings be had as are required by law to effect the annexation of the TERRITORY to the City of McHenry, Illinois. Dated: . 2015 Respectfully submitted, Petitioner: THE CHAPEL, an Illinois not for profit corporation By: Address: Phone nos.: Electors: NONE The Chapel Annexation Agreement This Agreement made and entered into this 20th day of July, 2015 between The Chapel, an Illinois not for profit corporation (hereinafter referred to as "OWNER") and the City of McHenry, a Municipal Corporation, in the County of McHenry, State of Illinois (hereinafter referred to as "CITY"). Recitals A. The OWNER is the record titleholder to the real estate legally described on "Exhibit A" attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "SUBJECT PROPERTY". B. The OWNER filed with the CITY Clerk a Petition for Annexation of the SUBJECT PROPERTY to the CITY, contingent upon the terms and provisions of this Agreement, which Petition has been filed in accordance with 65 ILCS 5/7-1-8 and the ordinances of the CITY. C. The SUBJECT PROPERTY is located at 1809 South Illinois Route 31 and consists of approximately 4.7 acres. D. The SUBJECT PROPERTY, has no electors residing thereon, and is zoned I-1 Industrial pursuant to the McHenry County Zoning Ordinance. The property contains a one-story 53,000 square -foot building constructed in 1967. There are two freestanding signs currently on the site located east of the building, along with a billboard sign located south of the building. E. The SUBJECT PROPERTY consists of one (1) tract of land (PIN: 14-10-402-006) which is not within the corporate boundaries of any municipality or subject to an Annexation Agreement with any other municipality and is presently contiguous to the corporate boundaries of the CITY. F. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in accordance with the terms of this Agreement. G. The CITY has determined that the annexation of the SUBJECT PROPERTY in accordance with the terms of this Agreement is in the best interest of the CITY, will promote sound planning and growth of the CITY, and otherwise enhance and promote the general welfare of the CITY and its residents. H. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5/11- 15.1-1, et seq., of the Illinois Municipal Code. 1 I. Notice to the Fire Protection District, Public Library District or Township of the annexation of the SUBJECT PROPERTY is not required. J. Prior to the date of this Agreement, all public hearings were held upon proper notice and publication as required for the CITY to effect the terms of this Agreement. Now therefore, in consideration of the respective agreements made herein, the adequacy and sufficiency of which is acknowledged as being received by the parties, it is agreed as follows: 1. Annexation. Upon execution of this Agreement the CITY shall enact an ordinance annexing the SUBJECT PROPERTY. A copy of said ordinance, together with an accurate plat of the SUBJECT PROPERTY, shall be filed with the County Clerk of McHenry County and recorded with the Recorder of Deeds of McHenry County. This Agreement in its entirety, together with the aforesaid Petition for Annexation, shall be null, void and of no force and effect unless the SUBJECT PROPERY is zoned and classified as provided in this Agreement by the adoption of ordinances by the CITY immediately following the execution of this Agreement. 2. Variance. Immediately following annexation of the SUBJECT PROPERTY to the CITY, the CITY Council shall approve a temporary sign variance to allow two (2) freestanding signs and one (1) billboard which currently exist on the SUBJECT PROPERTY. 3. Conditional Use Permit. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance approving a conditional use permit for assembly use on the SUBJECT PROPERTY, not to exceed 460 people ("FINAL USE"). The CITY is aware that extensive interior and exterior building and site renovations may not be constructed on the SUBJECT PROPERTY for several years ("FUTURE IMPROVEMENTS"). These FUTURE IMPROVEMENTS include but are not limited to construction of a church facility in one principal building on the SUBJECT PROPERTY, with a seating capacity of approximately 460 people, installation of a sprinkler system and extension and connection of service lines to the CITY'S sanitary and water main and parking lot improvements. The CITY shall not revoke the conditional use permit based on the fact that the FUTURE IMPROVEMENTS have not been installed. Provided, however, in the event the FUTURE IMPROVEMENTS are not constructed and an occupancy permit is not issued for the Final Use on or before July 31, 2020, the Conditional Use Permit granted herein for the Final Use shall expire without any further action by any party to this Agreement. Approval of the conditional use permit, Final Use, shall also entitle the OWNER to use the principal building constructed thereon as a Public Action to Deliver Shelter ("PADS") site, operated as an overnight shelter for a maximum of one night/week. Development of the Final Use shall be in substantial conformity with the site plan prepared by �a Skiffington Architects, LTD dated 9/25/14, attached hereto and incorporated herein as "Exhibit "B" ("SITE PLAN"), which SITE PLAN may be amended from time to time by written agreement of the CITY Council and OWNER. All applicable CITY laws, ordinances, rules and regulations including the CITY'S zoning, municipal code, stormwater and subdivision control and development ordinances shall be followed. 4. Conditions of the Conditional Use Permit, Final Use. Construction of the FUTURE IMPROVMENTS shall be subject to the following conditions: a. Parkini; Lot Improvements. Parking lot patching and restriping shall be completed to the reasonable satisfaction of the CITY engineer. b. Dumpster Screening. Dumpsters currently located on the north side of building shall be relocated to the west of the building including all enclosure and screening requirements of the CITY of dumpsters c. Mechanical Equipment Screening. All mechanical equipment shall be enclosed and screened in accordance with all applicable CITY laws, ordinances, rules and regulations. d. Future Improvements — Code Compliance. Construction of all FUTURE IMPROVEMENTS shall be completed in accordance with the terms of this Agreement and all applicable CITY ordinances, rules and regulations including but not limited to: subdivision control and development, zoning and stormwater management ordinances and municipal code. e. Future Improvements — Building Design. The proposed building constructed on the SUBJECT PROPERTY shall have an appearance substantially in accordance with "Exhibit C" entitled "CONCEPTUAL BUILDING RENDERINGS" attached hereto as Exhibit "C". Changes to the CONCEPTUAL BUILDING RENDERINGS may be made only upon written agreement of the parties hereto. f. Existing Billboard. The existing billboard on the SUBJECT PROPERTY shall be removed. g. Cross Access Agreement. OWNER shall make every reasonable effort to obtain a cross -access easement from the property owner to the north of the SUBJECT PROPERTY (currently, Waste Management), PIN # 14-10402-005, to facilitate access to the proposed future traffic signal to be constructed at Veterans Parkway and Illinois Route 31. If a traffic control signal is not erected at the intersection of Veterans Parkway and Illinois Route 31 by the time the FINAL USE of the SUBJECT PROPERTY is occupied, the CITY shall reconsider this condition. h. Connection to CITY Water/Sewer. The SUBJECT PROPERTY shall be connected to CITY sanitary sewer and water service and all private wells and septic systems shall be abandoned as required by law. Water and sanitary treatment plant and main capacity will be made available to the development by the CITY on the same basis as it is made available to other developments. OWNER shall be permitted to install an on -site grinder pump, lift station or other device approved by the CITY and extend a sanitary sewer force main, size to be determined by the CITY, to the existing sanitary sewer main on Veterans Parkway. OWNER shall be required to construct a sanitary 41 sewer force main across the frontage of the SUBJECT PROPERTY with connections/stubs to the north and south of the SUBEECT PROPERTY to allow future connections of the adjacent properties to the CITY'S sanitary sewer system. The maintenance of the grinder pump, lift station or other device approved by the CITY shall be the responsibility of the OWNER. i. CITY Water and Sewer Capacity. The CITY acknowledges that there is currently sanitary sewer treatment plant capacity available from the CITY to service the SUBJECT PROPERTY; however, the CITY does not agree to reserve any capacity for the SUBJECT PROPERTY. The CITY further acknowledges that adequate municipal water is currently available for the FUTURE IMPROVEMENTS to the SUBJECT PROPERTY. No action of the CITY regarding application to the Illinois or U.S. Environmental Protection Agency for permission to construct sanitary sewer lines on any part of the SUBJECT PROPERTY shall be construed to constitute any representation, warranty, or reservation by the CITY to OWNER that municipal sanitary sewer treatment plant or sanitary sewer main capacity or municipal water will be available to service the SUBJECT PROPERTY when OWNER applies to the CITY for connection permits. In the event that municipal sanitary sewer treatment, sanitary sewer main capacity or municipal water is not available, the CITY agrees that OWNER my construct private systems, in compliance with all applicable laws, rules, regulations and ordinances, necessary to serve the development on the SUBJECT PROPERTY. j. Stormwater and Sidewalk Requirements. Curb and gutter and an enclosed storm sewer system shall be installed in areas of the SUBJECT PROPERTY, in compliance with the ordinances of the CITY as determined by the CITY. Stormwater detention/retention areas shall be installed and maintained onsite in accordance with all applicable laws, rules, regulations and CITY ordinances. OWNER shall install a public sidewalk or multi. use path, location, size and composition to be determined by the CITY working in conjunction with the Illinois Department of Transportation (IDOT) along the entire length of the frontage of the SUBJECT PROPERTY along Illinois Route 31. 5. Use of Existing Building and SUBJECT PROPERTY Prior to the Final Use. Immediately following annexation to the CITY, until the FUTURE IMPROVMENTS for the FINAL USE are fully completed, the following conditions shall apply to use of the existing building and SUBJECT PROPERTY: a. Removal of Sign. The freestanding sign, located at the southeast corner of the SUBJECT PROPERTY, shall be removed from the SUBJECT PROPERTY within ninety (90) days of annexation approval by the CITY Council. b. Code Compliance. The existing building shall only be utilized following a successful code compliance inspection by the CITY and McHenry Township Fire Protection District; c. Limited Assembly Use. The existing building shall be permitted assembly use, however, such use be limited to a maximum occupancy of one hundred (100) people at any one time; d. No Overnight Use. The existing building shall not be utilized as an overnight PADS temporary shelter site. e. Property Maintenance Requirements. Property maintenance issues on the SUBJECT PROPERTY including: cutting and removal of overgrown grass and weeds and trash and debris removal shall be completed within ninety (90) days following annexation approval by the CITY Council. f. Outside Lighting. Except with regard to the existing outside lights located in the rear parking lot, all existing lighting standards on the SUBJECT PROPERTY shall be tested to ensure the minimum parking lot lighting requirements, outlined in the CITY'S zoning ordinance are met within ninety (90) days of CITY Council approval of the annexation. g. Compliance with MOT Requirements. OWNER shall comply with all [DOT permit requirements which may apply to any use of or any improvements made on the SUBJECT PROPERTY. h. Continued Use of Well and Septic. Continued use of private well and septic shall be permitted. 6. Tree Survey and Preservation Plan. At all times, OWNER shall obtain a tree removal permit prior to the removal of any trees on the SUBJECT PROPERTY. Any tree removal and replacement on the SUBJECT PROPERTY shall be in accordance with the CITY'S Tree Preservation Ordinance. A tree survey shall be submitted prior the issuance of a tree removal permit for the SUBJECT PROPERTY. 7. Right -of -Way Dedication. At all times, OWNER shall dedicate sufficient right-of-way necessary to accommodate required FUTURE IMPROVEMENTS along Illinois Route 31 as part of current and future development of the SUBJECT PROPERTY free and clear of any liens and encumbrances to the CITY. The CITY will work with OWNER and IDOT to determine amount of right-of-way which may be required. All off -site and on -site (access and roadway) improvements shall be in accordance with the requirements of IDOT and the CITY. A plat of dedication for right-of-way required along Illinois Route 31 shall be prepared and submitted by OWNER prior to issuance of a certificate of occupancy for any assembly use on the SUBJECT PROPERTY. 8. Reimbursement Provision. At such time the OWNER commences the FUTURE IMPROVEMENTS on the SUBJECT PROPERTY, the CITY reserves the right to request OWNER to construct additional, expanded or oversized municipal public improvements onsite which benefit not only the SUBJECT PROPERTY, but also other properties being or to be developed in the relevant service areas for such improvements. In the event OWNER makes such improvements, the following provisions shall apply and be included in a subsequent reimbursement/recapture agreement: a. The properties which may reasonably be expected to benefit directly or indirectly from the construction and installation of such additional onsite expanded or oversized improvements ("BENEFITED PROPERTY") will be determined by the CITY'S Consulting Engineer. b. The CITY shall endeavor to collect a pro rata sum of money from the owners of the BENEFITED PROPERTY upon connection. The total sum subject to reimbursement to the OWNER, as well as the pro rata sum to be collected from the BENEFITED PROPERTY owners shall be reasonably determined by the CITY'S Consulting Engineer taking into account the following factors: construction and easement costs; professional fees; testing and analysis fees; and legal and administrative expenses. c. Subject to a non -appealable final court order, directing CITY to act otherwise, the CITY shall not issue any connection permits until the BENEFITED PROPERTY owner pays the reimbursement charge to the Owner as set forth in this paragraph. d. The CITY will use its best effort to collect the cost provided herein from the BENEFITED PROPERTY owners but shall not be liable to OWNERS if the CITY is, for any reason, unable to collect said cost. The CITY'S liability to reimburse OWNERS shall be limited to payment from funds actually collected from BENEFITED PROPERTY Owners. e. The CITY and OWNER reserve the right to, at any time during the term of this Agreement, file the Reimbursement Agreement with the McHenry County Recorder of Deeds and notify the owners of the BENEFITED PROPERTY of the terms of this reimbursement provision. f. This reimbursement provision shall have a commencement date when the CITY Engineer issues a letter indicating substantial completion of the public improvements which are the subject of the Reimbursement Agreement and shall terminate upon the earlier of ten years thereafter or upon full reimbursement by the BENEFITED PROPERTY owners of the charges referred to in this reimbursement provision. The Reimbursement Agreement shall automatically renew for an additional period of 10 years in the event full OWNER reimbursement has not occurred. 9. Underground Utilities. The OWNER shall install all new electricity, gas, telephone lines and any other utility or cable devices, lines, or conduits necessary to service the FUTURE IMPROVEMENTS to the extent that said utilities are not already located underground at the SUBJECT PROPERTY. 10. Annexation Fees. Not later than sixty (60) days following CITY Council approval of the annexation of the SUBJECT PROPERTY to the CITY, OWNER shall pay to the CITY the sum of $4,700, representing $1,000 per acre zoned residential. 11. Binding Effect and Term. This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns, and lessees, and upon successor municipal authorities of the CITY and successor municipalities for a 0 period of twenty (20) years from the date of execution hereof, and any extended time agreed to by amendment to this Agreement. 12. Amendment. This Agreement may only be amended by written instrument executed by all parties hereto. Provided, however, in the event title to the SUBJECT PROPERTY, in whole or part, is transferred to successors in interest, future amendments relating to the SUBJECT PROPERTY may be made by and between the CITY and the title holders to the parcel directly effected by the requested amendment without consent required by other record owners of the SUBJECT PROPERTY. 13. Notice and Default. Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party alleging the breach shall provide notice to the party alleged to be in default specifying the nature of said default, and thirty (30) days shall elapse from the receipt of said default notice without the default being cured. Where such failed performance is of a nature that curing the default is not reasonably possible within thirty (30) days, then such failed performance shall not be deemed a breach hereunder so long as the alleged breaching party undertakes to cure within the thirty (30) day period and diligently pursues the cure to reasonable completion thereafter. Notice shall be in writing and delivered via certified or regular United States first class mail, addressed as follows: CITY City Administrator 333 S. Green Street McHenry, IL 60050 ATTORNEY FOR CITY David W. McArdle Zukowski, Rogers, Flood & McArdle 50 Virginia Street Crystal Lake, IL 60014 OWNER The Chapel Director of Finance and Administration 1200 American Way Libertyville, IL 60048 ATTORNEY FOR OWNER Ron Senechalle Pluymert, MacDonald, Hargrove & Lee, Ltd. 2300 Barrington Road, Suite 220 Hoffman Estates, IL 60169 7 14. Stop Orders. The CITY will issue no stop orders directing work stoppage on buildings or parts of the development of the SUBEECT PROPERTY without setting forth the section of CITY ordinances or of this Agreement allegedly violated by OWNER, and OWNER may forthwith proceed to correct such violations as may exist; provided, however, that the CITY shall give notice in advance to the OWNER of its intention to issue stop orders at least twenty-four (24) hours in advance of the actual issuance of such stop orders, except in the event a health, life or safety emergency is deemed to exist by the CITY. 15. Ordinance Changes. Except as otherwise specified herein, all ordinances, laws, rules and regulations of the CITY and other applicable jurisdictions shall apply to the SUBJECT PROPERTY, OWNER and all successors and assigns in title. If during the term of this Agreement, the provisions of the existing ordinances, laws, rules and regulations which may relate to the development or FUTURE IMPROVEMENTS to the SUBJECT PROPERTY, are amended or modified in any manner so as to impose more restrictive requirements, such more restrictive requirements shall be enforceable as applied to the SUBJECT PROPERTY, so long as such amendments or modifications are non-discriminatory in their application and effect throughout the CITY or other applicable jurisdictions. 16. Obligations. All obligations of the OWNER and the CITY in this Agreement, including monetary obligations in existence now and in the future, as a result of this Agreement, shall constitute covenants running with the land. Such monetary obligations shall also be liens upon the land. OWNER hereby consents to the filing of a lien on the SUBJECT PROPERTY or parts thereof for which obligations are owed when any obligations are more than ninety (90) days overdue, subject to the cure provision provided for above. 17. Enforceability. Any action to enforce this Agreement shall only be filed in the Twenty - Second Judicial Circuit, McHenry County, Illinois. The party who prevails in any such action shall be entitled to recover its reasonable attorney's fees from the other party. 18. Waiver. The failure of the CITY or OWNER to insist, in any one or more instances, upon performance of any terms or conditions of this Agreement, shall not be construed as a waiver of future strict performance of any such term, covenant or condition and the obligations of the OWNER or CITY shall continue in full force and effect. 19. Insurance. OWNER shall, during construction of any FUTURE IMPROVEMENTS in the public right-of-way, carry, at its own cost and expense, the following insurance: (i) workers' compensation insurance as required by law; and (ii) commercial general liability (CGL) insurance with respect to construction and maintenance activities on the SUBJECT PROPERTY, such insurance to afford protection of up to Five Million Dollars ($5,000,000) per occurrence and Six Million Dollars ($6,000,000) general aggregate, based on Insurance Services Office (ISO) Form CG 00 01 or a substitute form providing substantially equivalent coverage. OWNER'S CGL insurance shall contain a provision including the CITY, its officers and employees as an additional insured. Evidence of this insurance coverage shall be provided to the CITY prior to the commencement of any public improvements related to or in conjunction with the FUTURE IMPROVEMENTS on the SUBJECT PROPERTY. 20. Letter of Credit. A letter of credit for all public improvements undertaken on the SUBJECT PROPERTY shall be submitted to the CITY, in the manner and form reasonably provided by the CITY and in accordance with the CITY'S subdivision control and development ordinance, prior to the OWNER constructing any public improvements related to or in conjunction with the improvement to or FUTURE IMPROVEMENTS on the SUBJECT PROPERTY. 21. Severability. If any provision of this Agreement, other than the provisions relating to the requested zoning changes described herein and the ordinance adopted in connection therewith, is held invalid by any court of competent jurisdiction, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect any of the other provisions contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. Director of Finance and Administration Attest: its CITY Susan E. Low, its Mayor Attest: Janice C. Jones City Clerk Z:\M\McHenryCityof\Chapel\AA2 -The Chapel 1809 s Illinoins Route 31 draft dated 7-2-15.doc 0 Exhibit A Legal Description of the SUBJECT PROPERTY m Exhibit B Site Plan 11 Exhibit C Conceptual Building Renderings 12 Calk el Narrative Description of Request Z-864 May 15, 2015 Dear Planning and Zoning Commission, Originally, we planned to build a church facility on land at 414 S. Crystal Lake Road. Since that purchase, the opportunity to obtain the previous Tonerhead building became available. Upon review of the property, it's estimated we'll save significantly through renovation of an existing building compared to building from ground up on Crystal Lake Rd. We plan on selling the land on Crystal Lake Road to help fund renovations on our new property on Route 31, In December 2014, we officially obtained the property at 1809 S. Route 31 . Our intent is to renovate the building into a church facility for our congregation and to better serve our local community. In addition, we are open to the possibility of being a PADS location on a weekly rotation. The property is currently zoned in the County of McHenry as I-1. We are in the process of being annexed into the City of McHenry. Once part of the City of McHenry, we will need a conditional use for assembly use. Please accept this Application for a Conditional Use Permit. Please don't hesitate to contact us iI you have any questions. Sincerely, Jeff Pittman Campus Pastor The Chapel — McHenry jpittman@chapel.org 262442-0362 McHenry Campus: PO Box 1168 •McHenry, IL 60050 • 847-201-2777 • www.chapel.org 1� o1 =,%'14 PUBLIC' HEARl1VC1 Arr1,1CA110M1' i'lanning and Zoning Commission City of NIcHeniiI 1=ile Number 333 South Green Street lc- Henry, 1 L ?. iAanlc' of ProperhOwner 0l'other than Applicant) Address 3 Marne cat• ]ln�ineer _ (If represented Address 10 O Name +.�f If repre� Address C'onu�wn Address or Loc�3tion of Property G. Requested Action(sj (check ail that apply) Zoning Map Ame.ndlnent (Rezoning) Canditioiial Use Permit Zoning Variance dA Fax Tel Fax ct i _. t i! iL Fax 6Q1 bq ax —Lc>ning Val�itinee -Minor — Loning 'Next Amendment _ Other Provide a brief description of the, Requested ,�ction(s). For ex�nnple, the; operation that requires a Conditional tse Permit, the specific Zoning Vaz•ianceneeded, orthe new zoning classification that is requested: {j ai'ft�C3 ��(? ���v c"D. �� c �'ie� �e=� c, rA Y ili r �t'r 1'a�e 1 of 3 7. ChrrUut IJSe: c>1•Property _ L= S. Current Z-i�nii�g C'lassitication of Property, Includin� Variances or Ccmclitional (ses 9. Current Zoning C'lassitication and Land L.ise of Adjoir�ing Properties South: L_c iy West: C c a +v 10. Required Attachments (check all items su�mittedj I Please refer to the Public Herring Requirements Checklist tt� determine the required attachments. 1. Application Fee (amount) $ 16 Cf I Narrative Description of Request '3. FORMM A — Public Hearin;; Application 4, FORM B — Zoning Map Amendment (Rezoning) Application =S. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application 79 FORM. E — Use Variance Application f S. Proof of Ownership and/or Written Consent fi•om Property Owner in the Form of an Affidavit 94 Plat of Survey with Legal Description / 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice _ 12. Sign (Provided by the City, to be posted by the Applicant) Site Plan i 4, Landscape Plan 15. Architectural Rendering ofBuilding Elevations 1 h. Performance Standards Certification y_17. "Praftic Analysis ( S. School .Impact Analysis FORI\�1 � Page ? of 3 1 1 . Disclosure of Interest T'lle party si«ning the application shall be considered the Applicant. The .Applicant must he the owner or irtlSteC Oil rcci>rd, trust beneliciaiy. lessee. contract purchaser, or option holder of the subject property or his or her agent or nominee. At?talicant is Not Owner 1fthe Applicant is not the Owner of'record of (11. subject property, the application shall disclose tyre le.7al capacity oi'the Applicant and the full name, address. and -telephone number Ofthe owner(s). in addition, tnn affidavit o the owners(s) shall be Bled \witl) the applieatio❑ stating that the Applicant has the authoriry from the oNwners(s) to make the application. A�t?licarrt or O�vrrer is Corporation or .Partnershiu if the Applicant; owner, contract purchaser. option holder. or any benet'iciarw of a land tryst 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 )r limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. At�plicant or Qwner is a land Trust 1f the ,Applicant or ownct• is a land trust or other trust or trListee thereof, the full name, address. telephone number, and extent of interest of each heneticiary shall be disclosed in the application. 12, Certificatic>u i hereby certify that l an1 aware of all code requirements ot: the City of >Vlci-lenry that •elate to this properly 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 �r�d Toning Commission, and thereafter that a recommendation be forwarded io 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. �igtiahu•e of A�licant(s� Print Name and Dcsigartion of Applicants) POR1��t A Page 3 of 3 I{ O =ivj(, IFX I)I i"IO mNAL USIJ IUjK!VII I Planning, and Zoning CommiS51011 City of :McHenry File Number 3 South CTrcen Street tileHenl� . 111(i1)Q0 ^Tel, (;1 s) 36-317O Fax: (8 I ) 36 1 Table 31 of the City of Nlcl"Lenry1,oning Ordinance pra�ides that in recommending approval or conditional approval ot'a Conditional Use Permit, the Planning and Toning Conttnission shall transmit to the City Council written findings that all of conditions listed below apply to the requested action. Please respond to each of these ccanditicsns as it relates to your re:clucsi. 1. Tral;t c Any adverse impact of types or volumes of lnaffic flow not otherwise typical in the zoning district hers been minimized. Environmental �iuisanee 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 beenappropriately controlled. 3. '�ei¢hborhood Character The proposed use will fit harmoniously with the surroundings and. with permitted uses iit the zoning effect on the environmental quality, property values. normally associated with permitted uses in the district. listrict, existing natural or man-made character of its "I'he use will not have undue deleterious or neighborhood character -existing in the area or Ft7Ri`rt C Page 1 of"? (, Public Services and Faciliks (ht pJ40posed use Avtili not require existitts; comnn:mity facilities or services to a deS7ree disproportionate to that ncnrrtally expected A' permitted uses in [tic district. nor aeneratc disproportionate demand t()r new services olo facilitiesa in such a %VLM as to place undue btn•dens upon exi5tin2 deve10prnent in the areU, �. _Public Safet�atad 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. I 1 rl Ll c]r YfI : FA ,t' '4 z L 6. Uther Factors The proposed useis ita harmony �drith all other elements of conapatihility pertiaient to the Conditional Use quid its puticular location. FUR�'I C Page 2 of"' Certify k h. or Carree co doof kk, PY of 0 , IFNC,a rtri &JE�aagpns cer�p�s<arallit3a!z} �"�r�nto�"�., for �axt irz c%offi�ici��ratioa� c�i"i`ci� <�a7d i4%fiUtt T3s�1Ia,� ($10.1�0) in ls��d paid, d for other good and valuablo consideration, the receipt of mcl�ich is hereby acknowledged, does hereiry l�� i�f�`ISE, RE'LEASE1. AUFN, AND,CO-NVEYto THE CHAPEL, On Mba00 ARnot tear Profit corporation, n, ("Qrara c&,\ the following described real estate situates in Mcfle zry County, state of Illinois, to wit: ice Legal l�eecription attaelttid hs�rr-to as �:cli:ibit �� #dress oflDl l�atate::il., -�'�ra�aaciu�#:R.ea; �5tate ircflex.i�axrtrzl�csr. 'art ��,��g �� tcrgetT}�r �:iila all and sizaguiariix�: heze�tainents arsct tappra.rt�:rs�;.i:;es #:�ru�t:,� bc1Qa��z�g, nz• in�zy�ise �ppert�zixz:iTag, azzd tlae reve rsiox: and reversion;€, z nzainder anal rea�xWinters, rents, 4,,q res and pzxt is da.ereot; aaxd. all the astate, raglaf, title, inteix:.st, claim and demand. whatsoever, of Caranton eitb-cr in. law br :in equity, of, in and to the abovedescribed pr rniscs, With the liereditameuts and appurtmwnces; TO T .VE ,A11Q) TO HOLD the said premMz s as above described, with the acreditaments arid. apirsirtensances, unto Grantee, its successors and sssigns forever. �vraaltor 1?e£e6y expressly waivcu and. &eleases any andall tight or benefit under and by virtue ref any and all statutes of the State ol'.Illinois providing for the memptiou of homesteads from the sale on execution or otherwise, �zz'axator does c(nreraaiit., proaxuss. arid ;:tgarc., tsa and withh 6�'i�htitee, its stheccsscv*s or as.;igaxs, tl�i it hau zaot dothe o�- auffs:red try be d=lrie anything whereby tli>; said isreaasis l�ereisy granted arc, sar hxiay h:$ in any M.an e.3r encrurtocma or charged, except, as neremi recited and except with respect to the matters set: forth on kx� tiLt.B attached hereto and made a part h.ir,reof (the "k'e�xhltted �nchz��tlrrara���")g and twat it WILL Vd XRAN3 AILS Dj4, 4y!, TT), the said real estate, ugailLst all pexsons lawfully claiming the same by, through, Ea:r under Graratc)r, sutri Ct to tht: ijumitted Lrica=brimees. 2014, 1.l{ `-c� I iellt.' i, '�r:{:� ii?:,. :'; (ry �i m i' llvt ;d.'.( 5:7:.,e lfii ,i:l;..,kIE:: d,4 i tA?. Si.. ilf; VO EI ;l aiffiv act iiil# L{':� �lat.. o- .:.i3 t i y t. IOwl w'LYllfii�;, O t '. aks ., and )Urposses i xs:,7'i"•�.� sc 1"ar{. ! �it:LLa:;sw 7-1Ljf �7:xxYci etxxr� .�=c�t�xi�7.l �i�:dl t7tis, s 1;;i raasf t�1' 1:���;r,�.rrsl:tcx, ;..D?.4.In An �1�.?�.):.�� �%.�°�'t�:.�.CiR�i'��:, it UM$ '!. 57 WIN RECORDING 'INIA11 TOv �o6323Liid Smmc,1x31le Alitc 2.20 u���; ���'�aAz;��;1�!•3, �s�,�.:i. iLy?l,Y..� r��:.�: 1,.li ,y .fe. 6004+8 '3eA w,k�Al d ',.K,:; r kt-6 "ram 't "1 4 �, ;°+.� F rpi.t,,- .., C�.`l..(._i.�a t.r f ({�'.� i ) r-++ 's{ ci't;; ::S N �... it�r S' f.l F .x.. v....- �.i ..04 tip F.s -,dr`7(.lV,yt',rsyE��'t=to>3c�i3. r �,.8 .f.x �•�,P, � �-eti .E._':��.j?'1°, 1�xpsAtA 41 ;f-'i.l.; �.. 'ihS'� t RA �. sY l;. ft 1i j k , yx4�,4E? lip ,£ii'�i °,'`'.h ?iC 'I,3 , ° tea :n� ..v ,> �i °t�, ti t.. �, t;. 3.1 Frs�i���`:.. ..` �.. i,.p1 i�s�.��+s Fc�Z �.f.. (3lk="r r"`1.��.. F.,r e;i3t:.?.; .:.: ..z<.ti+_ �.3..s.�...., .,,,. •4:: i.•.t 13..'s , Ftc ._.4 te ssx 9 k �.•.tr .F 3., .. -. ..kt.,'.:,r�� . �,A�:'. j.:�'Yti' .a �', . . =.(d. t ;iT i C ..-,� .`i^y `, t , f.:?.� F )`t ;is:ra.s .. f ; ,'+.. :`_r.�i .7 Pi :°�... .}�, a' s2,. ;.j>� s y.- AV fry _Iw lower. �'ati4=e_':' ;.ii.;.' I's�,. `ar`s�s` �.f_Y° )3.. i"`i :'`rn.,; i,r;3r�i 7•. ;:�. +;$ Sz1. A�"�P..'.n.i`l..i..t �.�" i,•,S ¢: - r ; /.,sf .#+. ..irfr �tof r+y -[$ ) Pt' t°s 5 1 (�1l ( �,y r y�� •y r e.�I..Yute ..e/ ,{ - 0) il,q:rT11 1 f r k.�de; N i .. N'I � fE� $ C SA 1�� 3 }�h0.i PAL. &Ci 7'_R I..,71 �^' q Y i ^{ .lyYi�'.t�t .+,.MR %� �v. I � :�`.t:t1T,�%,.11`..,'Y's,3it;,':;ii11€'',[It,, t�r7i"t_rtfkf,)t1 tia ilC�"41{''2'SiY 6;1i'&:t:tit'J.�t`%%T.1+.;�', if:�'€S':;�::1:trY d�YC: i::.lai: �:�?,i1�: 4:''�;!C:�ii ��L;Li:`5(;,�4?t3t'•C�. 7:f� i1IY iccuraf{> is>iwivik CYO j'11L �.f"LI{�. .i. �-�79`C.I1;4'tl'(,:i, R;�ti.t;sl�.l{iCl�: ti•1;iS;"l:Y.?Cxa'1�S i3iYi•� Y'�.%ti'i.Li3l�S1$ f3.1 2°S.:•S".dSiL�.. loan purpoe�oeks4f t }; r!�1. . ! it �,�;' t ° A;V, It too It4:ttr; of Illinois COunty /"r��(�Nr/ R� rr4P\ G ........'t 5V being duly swornon oath !a �IV- I,e.$...r /,z tu....r., �L _..... I" ii!. , ! : 4',.:. �'. _.. ..t.. for one oft I hto lol{owing reasons, G,cY�I�/ i Said Act iA, not ai:)plim:.ible as the grantors oven no rarijraininr(1 fx'0tac:1r(y Lo the prernises described in a nti deer;; OR the conveyance Palls in one of the following exemptions as shown by Amended ,'act which became effoctive _July 171 '1959. The: division or subdivision of the land into parec(s or tracts of tier- t�3cr•;-5s :�,r rllprr:� in sire which c:icle not irnrolve any new sfreMS 01 `6icL)!;(i nel1'S et' zr:cts5, ? The d!visions of lots or• biocl<s t:rf less tl-ran one zu:re: in arry recc�rdecf subdivision tnthicti ck)=�s not involve r:rr+y "Mir 4irsar•.i�, or easements of access. 4. Thr-: sale or c,xcharrgL r)r prarcels r.)f land betvt+eerl owners of adjraining and rnntiguaus land, ri. The conveyance of parcels of land or interests therein for use as rigi-tt of way fro railroads or ether public ut'i}ity faCilitlr?s, which does not Involve any new streets or easements of access, 6. The conveyance of land owned by a railroad tar other public utility which does not involve any rrew str>;ets ar easements of access. 7. 7Ihc conveyance of sand for highway or cattier• public purposes ar grants or conveyances vela ling to Cite dedication of land for pu siic use ar instruments relating to Me vacration of land irnpressed with public use. 3. Conveyances made to correct ciescr{ptions irr prior conveyances, 9. The sale or exchange c7P parcels or tracts of land existing or:he date of the arnendatorSr 71ct into no more ?hr3i1 ti.�o parts artd rn)t involving �3ny ns'vd strer=tS or east rtiel7ts of ��ccess. 1 t?. .The sale of a single lot at less than 5.t7 acres from a larger tract u;hPn �s survey is mad>� by an Illinois reglster•ed surveyor; provided, that this exemption snail nat a}�ply to the sale of any subsequent lots from t'he same larger tract of land, as deter- mined by the dimensions and configuration of the larger tract on October 1, 1973, and provided also that this exemption does not invalidate any local requirements applicable to the subdivision of land. Amended by p,A. 80-318r 1 eft, October 1, 1g77. CIRGt.F THE NUMBER ABOVEWHICH IS APPLICABLE TO THE AT1'A(;flF�t`3. I;;i_'': Afflant ?ur'Ct'lt'f 'ti3`iFY Yi1r.3t .�,-,.,�'!e,,_. �..•_,. !2iakaS t!ll� E3fPida.1/!i for lhC" (`Ur'oOSe3 of InGUZ)?'f� Illinois, a) ac:r,"ept the attacl3ed deed for recording, 1 �.�__ SUf3SC;(€ki3E�l7'jand SWORN to before me :Ills 1 C. IV x It . y f"u�t;" At 411: OF lijrsl�vliD lug cto �Rtzy�1��}��� Ex �,�� � �r �r 'ia I• r !� r S PLAT OF SURVEY ' PARCELI: P "OEL 2: (NOT SURVEYED) VandcrstaQpen S11n'eying & The South 299,67 Teet (as measured between parallel Ines) of the North Easement for the Purpox of Ingress and egress for the benefit of Parcel EDgineenOg, IOcotponted half of the Southeast Quarter of Section 10, Township 44 North, Range 8 1 ae seated by Deed from f Ingress Management of Illinois, Inc. a Delaware u16 None M.disao strttE ooduork nl;o�c, PubliEast c Highway f the Third kn wn 03 Staal te Meridian, n McHenry Countyof the ,ItIlllinois.ne of the 5r1988 and recorded March 16, 19 8 an Illinois s Document No. March (815)337-8310 .�ndnsivcwm the South 25 feet (except for the Easterly 30.01 feet and the Westerly 164.0 feet thereof), of the North 251.98 feet of the South 551.65 feet of the West 345,74 feet of the North half of the Southeast Water of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. 0�j 7 wG ss a EGRESS 6Am wT�,c N PARCEL 2 I �,:E coa•;Ea, rE4CE CORKER] lays 4 FENCE coa.m N89ZI1190E 801.60'(M) os':N areN •.coxcaE7E ' ASPH,LT r________ L. 1 I55.1' mxCRM ® z1S.... PARCEL 1 BRICK a METAL-CLAC a. U , 5.00_+. ACRES a mNc pace _ I 3 � �FEMCE CWNEft i1.4'ts 1ao'e_ CLIENT: THE CHAPEL DRAIN BY: SES CBHCH® BY: WJV SCATS: 1'=W SBC, 10 T• 44 g 08 g• BASIS OF BROMG: ASSUMED FIX: 14-10-402-006 JOB NO.: 14076S LBO MISS FIELDWORK COIIPzj2j2.0Zt4 ALL PARTS THO urm fFAer1• 73M IIco mlCTO AaT 5•Y ]s.o' m �eaVCNE�E+ Y ceN: r9 LINE N 1/2 SE 1/4 SECTION 10-44-8 �a / N8931'ln 651.6p(M) 44.86'Wn FENCE LEGEND - OOWN Guy O FLAG POLE • FOUND IRON BAR O FOND IRON FIFE 65 GAS VALVE C UGHT o MyL BOX m SEPTIC UD F SGI © TELEPHONE RISER ® N RISER UTILITY POLE • NELL CUP CORRUGATED METAL PIPE (D) DEED (R) RECORD M) MEASURE I �I tPZEN SCALE: 1' W SO. J a repre"NustsdiCA as to ownership, use, Or possession ahould be hareou implied. him Survey and Plot of Survey On "Id �4110ut OrifflOW embossed or colored and end sigulture dilsecL milware your description end site marldrup with this plat end AT ONCE report any discrepancies vtdctL you may ilad, STATE OF DS.INOI3 ) COUNTY OF YcHENRY) ) S.S. Ice m7 profesdaael opinion, end beamed on any observatiaae, I hereby certify that we have surveyed the premises shave described, and that the plat hereon is a true representation of the said survey. This profeeuonal service conforms to the current Illinois minimum standards for a boundary savey. Dated nt Woodstock, McHenry County, Minute 12 22 A.D., 20 14 • Venderetappen Surveying & Engineering, Inc. Dear Firm No. 184-002792 By: Dlinom Professional Lend Surveyor No. 2709 Vaoderstappen Surveying & Enginccring,lncorpordtcd 1316Tonh Mrdimn Seat WoadsmA, n0eeis (SM3374310 w Nlndmia Y: I YA 1 BEAMG: ASSUMED JOB ia , r u: PLAT OF ANNEXATION Ths South 299.67 feet (as measured between parallel lines) of the North half of the Southeast Quarter of Section 100 Township 44 North, Range 8 East of the Third Principal Meridian, lying Westerly of the West Right —of —Way line of the Public Highway known as State Route 31, in McHenry County, Illinois. i I hereby state Thnt we have platted the preminee above described, and that the pint hereon Le n tree xpxnentation of the sold description. 50' o' sa' ,ao' This is not a Boundary Snrrey SCALE: , = 50' Dated at Woodstock, McHenry Couaty, Blinois 4 7 A.D.. 20 15 . Vanderetappen Surveying & Engineering, Inc.. Dew Firm No. 184-00 792 � Illinois Professional land 3nrveyor No. 2709 750' (VERIF`� 45 � �� / n�\ /.1 I I I I I I I i i I i i I i i I i � mmam Qfi H I IHIHIH� H 51,902 SF EXISTING ONE-STORY BUILDING (AFTER LOADING DOCK IS REMOVED) ----------- NEW OPIYE 625' (VERIFY) TOTAL PARKING: WEST =158 `\ SOUTH = 31 EXISTING BUILDING NORTH = 21 \\\ POSSIBLE FUTURE PARKING? EAST =17 180' X 250' =120 ADD'L. SPACES TOTAL = 227 THE CHAPEL McHENRY PROPOSED WORSHIP CENTER SCALE: P=2a (L'Qfo�7�J I SKIFFINGTON ARCHITECTS, LTD. W swxoRnitxu.rumxow�wwos,lunas aar n�axorrE�cucpr�amna cEwa�mrass ROROFf a.. THE CHAPEL-MCHENRY •TONERHEAD BUILDING 18095.1E Rf 31, acHENRY, IL 8 / i RDAMEODST':/ 19W16 / / II, I � M ro //Q // / / / n n r}S 3 00 Id jlr' 'a dy lot I nPt 41 3' �r _ � FROM: DATE: SUBJECT: 9575 %VV OSL niggins Road, Suite 400 Rosemont, Illinois 60016 p: 847-518--9990 1 f: 847-518-9987 H. B. Brewer The Chapel McHenry Michael K. Scavo Consultant Michael A. Werthmann, PE, PTOE Principle May 27, 2015 Traffic Impact Study The Chapel McHenry, Illinois. This memorandum summarizes the results of a traffic impact study conducted by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) for a proposed church to be located in McHenry, Illinois. The site, which is currently occupied by a 52,000 square -foot existing structure used as storage for Aber The Chapel facilities, is located on the east side of IL 31 just south of Veterans Parkway. Access to the existing facility is provided via three access drives on IL 31. As proposed, the existing facility will be redeveloped to accommodate a church with a maximum seating capacity of 460 people along with meeting and office space. In addition, the existing site will be modified to provide two-way circulation around the entire building with a total of approximately 225 parking spaces provided within the site. Access to the site is proposed to be provided via two of the existing access drives on IL 31 with the removal of the third access drive currently serving the site. This study was conducted to assess the impact the proposed church will have on traffic conditions in the area and to determine if any roadway and access improvements and/or modifications are necessary to accommodate church -generated traffic. The following sections of this report present the following. • Existing roadway conditions • A description of the proposed church • Directional distribution of the church -generated traffic • Vehicle generation for the proposed church • Future traffic conditions including access to the church • Traffic analysis for the weekday evening and Sunday morning peak hours • Recommendations with respect to the adequacy of the church's access system and adjacent roadway network KLOA, Inc. 1 ranspo�at���-� arld ���-liii�y �la�r�i�� � �o�?s�.itanis Existing Conditions Site Location The site, which is currently used as storage for other The Chapel facilities, is located on the west side of IL 31 just south of Veterans Parkway. A Waste Management facility is located directly north of the site. Land uses in the area primarily consist of the commercial and industrial properties to the north, residential homes to the east and vacant, undeveloped land to the south and west. Figure 1 shows the location of the site with respect to the surrounding roadway system. Area Roadways The principal roadways that provide access to the site are described in the following paragraphs and shown in Figure 2. IL 31 is generally anorth-south, two-lane arterial roadway. At its unsignalized intersection with Veteran's Parkway, IL 31 provides one exclusive left -turn lane and one shared through/right-turn lane on the souhbound approach and one shared left-turn/through lane and one exclusive right - turn lane on the northbound approach. IL 31 has a posted speed limit of 55 mph, an average daily traffic (ADT) volume of 15,400 vehicles and is under the jurisdiction of the Illinois Department of Transportation (IDOT). IL 31 is designated by IDOT as a Strategic Regional Arterial (SRA) route. Veterans Parkway is an east -west, two-lane collector roadway that terminates at its intersection with IL 31. An access drive to the Waste Management facility is aligned opposite Veterans Parkway at its intersection with IL 31. At its unsignalized intersection with IL 31, Veterans Parkway provides one exclusive left -turn and one exclusive right -turn lane under stop sign control on its westbound approach. Veterans Parkway has a posted speed limit of 25 mph and is under the jurisdiction of the City of McHenry. Figure 3 shows the existing roadways characteristics. Planned Roadway Improvements IDOT is currently undertaking a Phase 1 study of IL 31 between IL 176 and IL 120. However, no immediate roadway improvements are currently planned for IL 31 within the vicinity of the site. i avingy8 i t�fgltr�l'pix �.' lit WASTE NOT TO SCALE MANAGEMENT FACILITY 25 p FrFq qqk� Ys i ' SITE rY A i a®4 i . DIGITAL PIX & COMPOSITES 55 31 LEGEND —► - TRAVEL LANE - STOP SIGN XX - SPEED LIMIT - CONTINENTAL CROSSWALK PROJECT: TITLE: The Chapel Existing Street Characteristics Job No: 15-096 ANh McHenry, Illinois Figure: 3 Existing Traffic Volumes In order to determine the traffic volumes on the area roadways, KLOA, Inc. conducted manual traffic counts at the intersections of IL 31 with Veterans Parkway and the Waste Management access drive and IL 31 with the three existing access drives serving the site. The traffic counts were conducted on Thursday, April 30, 2015 from 4:00 P.M. to 6:00 P.M. and Sunday, May 3, 2015 from 10:00 A.M. to 12:00 A.M. The time periods were selected to coincide with the weekday peak period of the roadway system and the peak period of the church which occurs during Sunday mornings. The results of the traffic counts show that the weekday evening peak hour occurred from 4:00 P.M. to 5:00 P.M. and the Sunday peak hour occurred from 10:45 A.M. to 11:45 P.M. Figure 4 illustrates the peak hour traffic volumes. Traffic Characteristics of the Proposed Church In order to properly evaluate future traffic conditions in the surrounding area, it was necessary to determine the traffic characteristics of the proposed church including the directional distribution and volumes of traffic that it will generate. Proposed Development Plan As proposed, the existing 52,000 square -foot structure will be redeveloped to contain a church with a maximum capacity of approximately 460 seats as well as various meeting rooms, offices and storage space. The site is currently used as a storage location for other The Chapel facilities and, as such, is generating very little traffic. Currently the church has one Sunday service that is held at McHenry West High School on Sunday mornings with an average attendance of 350 people. Church officials plan to hold two services at the proposed facility, one at 9:00 A.M. and one at 11:00 A.M. They are projecting that both services will attract approximately 400 members each. During the week, the church will remain open for any visitors with occasional events for holidays, classes and groups which generally occur during non -commuter periods. Based on information provided by church officials, Table 1 presents a breakdown of the typical weekly activities and functions the church will host. C WASTE MANAGEMENT FACILITY N NOT TO SCALE O O O (0) • r o (o) o '• SITE o. 0 I (0) • 3 (0)®„ 1' 1 � 0 0�• ` . . . . . . . . . . . . 3 (0) to DIGITAL PIX J, & COMPOSITES PROJECT: The Chapel McHenry, Illinois TITLE: LEGEND MORNING 00 - PM PEAK HOUR (4:00-5:00 PM) (00) - SUNDAY PEAK HOUR (.10:45-11:45 AM) Existing Traffic Volumes Figure: 4 7 Table 1 THE CHAPEL WEEKLY ACTIVITIES AND FUNCTIONS Function/Activity Time of Day Days of the Week Average Attendance Sunday Mass 9:00 A.M. and 11:00 A.M. Sunday 400 People per Mass Youth Group Other Groups/Small Prayer Service 7:00 P.M. to 9:00 P.M. 7:00 P.M. to 9:00 P.M. Wednesday and Thursday Monday and Tuesday 50-60 People Under 20 People Office and 9:00 A.M. to 5:00 P.M. Tuesday through 2-10 People Administration Friday As can be seen, the church will generate a limited volume of traffic during weekdays, specifically during the critical morning and evening commuter peak periods when the roadway system experiences its highest traffic levels. As discussed previously, the peak activity will occur on Sundays when the Church has one service at 9:00 A.M. and one at 11:00 A.M. Both services are expected to attract 400 people according to church officials. Site Access Access to the church is proposed to be provided the following two existing access drives serving the site. • The north access drive is located approximately 150 feet south of Veterans Parkway and will provide one inbound lane and one outbound lane with outbound movements under stop sign control. • The south access drive is located 320 feet south of Veterans Parkway and will provide one inbound lane and one outbound lane with outbound movements under stop sign control. In addition, the existing median on IL 31 should be restriped along the site frontage to provide a two-way left -turn lane serving the site as well as the Waste Management facility directly to the north. The church is proposed to provide a total of approximately 225 parking spaces with the main parking area located in the rear of the site. A two-way circulation road is proposed around the perimeter of the site. Finally, the existing middle access drive will be eliminated as part of the proposed church. Directional Distribution The directional distribution for the proposed church was estimated based on information received from church officials regarding the primary residence of church members and on location of the site relative to the primary roadway system. Figure 5 illustrates the results of the directional distribution analyses. Trip Generation Estimates The proposed church will experience its highest volume of traffic on Sunday mornings when services occur. During the week, the church is projected to generate a very limited volume of traffic, particularly during weekday peak Hours. The volume of peak hour trips estimated to be generated by the proposed church during the peak hours was based on the rates contained in Trip Generation Manual, 9"' Edition, published by the Institute of Transportation Engineers (ITE). The Sunday peak hour represents the hour period between the two services. Table 2 shows the estimated traffic to be generated by the proposed church. Table 2 TRIP GENERATION ESTIMATE Weekday Evening Sunday Morning Peak Hour Peak Hour ITE Land -Use Code Land Use In Out In Out 560 Proposed Church 13 11 124 120 Total Traffic Volumes The estimated peak hour traffic that will be generated by the proposed church was assigned to the roadway system and to the site access drives in accordance with the previously described directional distribution. The church generated traffic assignment is shown in Figure 6. In addition to the traffic generated by the church, the study included the additional traffic to be generated by the other area growth. Based on projections provided by the Chicago Metropolitan Agency for Planning (CMAP) the existing volumes were increased by two percent per year for six years (Year 2021). The year 2021 projected traffic volumes are shown in Figure 7 and include the existing volumes, the church -generated volumes and the other area growth. E DIGITAL PIX 8 COMPOSITES PROJECT: The Chapel McHenry, Illinois N NOT TO SCALE SFr pgAkwgYs. 00% - PERCENT DISTRIBUTION TITLE: Estimated Directional Distribution Figure: 5 10 WASTE MANAGEMENT FACILITY N NOT TO SCALE 9k9gNs lygY.": . . . . . . .. 6 (43) 2 (20) I / o '. SITE Yll 0 (29) 3 (28) DIGITAL P[X 8. COMPOSITES PROJECT: The Chapel McHenry, Illinois TITLE: LEGEND 00 - PM PEAK HOUR (4:00-5:00 PM) (00) - SUNDAY MORNING PEAK HOUR (10:45-11:45 AM) Estimated Site -Generated Traffic Volumes Figure: 6 11 WASTE MANAGEMENT FACILITY h '. 6 (43) ® r 2 (20)/'" atv SITE •1 i hh®;: 0 (29) -� 3 (28)co P,h DIGITAL P I X ° `6 & COMPOSITES �' a PROJECT: The Chapel McHenry, Illinois TITLE: LEGEND N NOT TO SCALE 63 Sg (5)91 ARky'Ns ti MORNING 00 - PM PEAK HOUR (4:00-5:00 PM) (00) - SUNDAY PEAK HOUR (10:45-11:45 AM) Year 2021 Total Projected Traffic Volumes . �• Figure: 7 12 Traffic Analysis Traffic analyses were performed for the intersections within the study area to determine the operation of the existing roadway system, evaluate the impact of the proposed church and determine the ability of the existing street system to accommodate projected traffic demands. The traffic analyses were performed using Highway Capacity Software (HCS). The ability of an intersection to accommodate traffic flow is expressed in terms of level of service, which is assigned a letter grade from A to F based on the average control delay experienced by vehicles passing through the intersection. Level of Service A is the highest grade (best traffic flow and least delay), Level of Service E represents saturated or at -capacity conditions and Level of Service F is the lowest grade (oversaturated conditions, extensive delays). For two-way stop controlled (TWSC) intersections, levels of service are only calculated for the critical movements and/or approaches controlled by a stop sign (not for the intersection as a whole). The Highway Capacity Manual definitions for levels of service and the corresponding control delay for unsignalized intersections are shown in the Appendix. The results of the capacity analysis are summarized in Tables 3 and 4 for the existing and year 2021 projected traffic volumes. r�' Table 3 CAPACITY ANALYSIS RESULTS EXISTING TRAFFIC VOLUMES Weekday Evening Peak Period Sunday Morning Peak Period Intersection LOS Delay LOS Delay IL 31 with Veterans Parkway and Waste Management Access Drive Westbound Leif -Turn F 53.5 C 2i.5 Westbound Right -Turn C 17.2 B 13.1 Eastbound Approach E 40.3 N/A 0.0 IL 31 with North Access Drive D 25.5 N/A 0.0 IL 31 with Middle Access Drive C 20.3 N/A 0.0 IL 31 with South Access Drive C 20.3 N/A 0.0 LOS -Level of Service Delay - Measured in seconds. Table 4 CAPACITY ANALYSIS RESULTS YEAR 2021 PROJECTED TRAFFIC VOLUMES Weekday Evening Sunday Morning Peak Period Peak Period Intersection LOS IL 31 with Veterans Parkway and Waste Management Access Drive LOS Westbound Left -Turn F 86.8 D 29.3 Westbound Right -Turn C 19.3 B 14.8 Eastbound Approach F 60.3 N/A 0.0 IL 31 with North Access Drive D 27.6 C 2000 IL 31 with South Access Drive C 20.6 C 19.0 LOS -Level of Service Delay -Measured in seconds. 14 Traffic Evaluation Based on the results of the capacity analyses, the following is a summary of the findings. IL 31 with Veterans Parkway and Waste ManagemeritAccess Drive The results of the capacity analysis show that the Veterans Parkway left -turn movement and the Waste Management access drive approach are currently operating at poor level of service during the evening peak hour. With the addition of the church traffic and the other growth in the area, the approach and left -turn movements are projected to continue to operate at a poor level of service. The poor level of service is common along stop sign controlled approaches that intersect major arterials such as IL 31. As a result, the traffic along the approach and left -turn movement can experience some additional delay waiting to access the IL 31 traffic stream during the evening peak period. However, given the low volume of traffic to be generated by the church during the evening peak hour, the church will have a very limited impact on the operation of the intersection. It is important to note that all of the movements and approaches are projected to operate at a good level of service during the Sunday peak hour. Proposed Access System Access to the church is proposed to be provided the following two existing access drives serving the site. • The north access drive is located approximately I50 feet south of Veterans Parkway and will provide one inbound lane and one outbound lane with outbound movements under stop sign control. • The south access drive is located 320 feet south of Veterans Parkway and will provide one inbound lane and one outbound lane with outbound movements under stop sign control. In addition, the existing median on IL 31 _should be restriped along the site frontage to provide a two-way left -turn lane serving a as well as the Waste Management facility directly to the north. The results of the capacity analyses show that both access drives are projected to operate at acceptable level of service during both the weekday evening and Sunday morning peak periods. Given the proximity of the north access drive to the Veterans Parkway intersection, this access drive should be monitored to ensure it will provide efficient and orderly access. If problems occur at the access drive and/or if the IL 31Neterans Parkway intersection is signalized in the future, it may be necessary to prohibit left -turn movements to and from this access drive. It should be noted that both access drives are projected to continue to operate at a good level of service if the left -turn movements are prohibited. Conclusion Based on the preceding analyses and recommendations, the following conclusions have been made. • The proposed church is anticipated to have two services on Sunday at 9:00 A.M. and 11:00 A.M. During the week the church will have minimal activities with occasional events for holidays, group meeting and activities. • The church is expected to primarily generate traffic during Sunday mornings and will generate limited, if any, traffic during weekdays especially during the critical morning and evening commuter peak hours. • The results of the capacity analyses have shown that the existing roadway system has sufficient reserve capacity to accommodate the traffic to be generated by the church. • Access to the proposed church will be provided via two existing access drives serving the site. The third access drive will be closed. It is recommended that the existing median be restriped along the site frontage to provide a two-way left -turn lane serving the site and Waste Management access drive. • Given the proximity of the north access drive to the Veterans Parkway intersection, this access drive should be monitored to ensure it will provide efficient and orderly access. If problems occur at the access and/or if the IL 31/Veterans Parkway intersection is signalized in the future, it may be necessary to prohibit left -turn movements to and from this access drive. It should be noted that both access drives are projected to continue to operate at a good level of service if the left -turn movements are prohibited. J 16 � 1 1 ' 1 LEVEL OF SERVICE CRITERIA FOR UNSIGNALIZED INTERSECTIONS Level of Service Average Total Delay (SEGVEH) Source: Highway Capacity Manual, 2010. 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 DATE: July 20, 2015 TO: Mayor and City Council FROM: Carolyn Lynch RE: Appropriation Ordinance 15-16 ATTACHMENTS: Appropriation Ordinance Appropriation List BACKGROUND: The Appropriation Ordinance provides the legal authority under state statute to allocate funds for specific spending activities. The ordinance, which must be adopted no later than the end of the first quarter of the new fiscal year, also establishes the municipality's legal spending limit for the fiscal year. ANALYSIS: Municipalities are required to conduct a public hearing before adoption of the ordinance. State statute also requires municipalities to publish notice of the public hearing and the location where the ordinance is to be available for review. This notice was published in the Northwest Herald on July 6, 2015. A certified copy of the Appropriation Ordinance must be filed with the County Clerk within thirty (30) days of its adoption. The Appropriation Ordinance reflects anticipated expenditure levels found in the annual operating budget. Budget amendments approved by the City Council during the year and other adjustments necessitated by unforeseen expenditures will be included in the Supplemental Appropriation Ordinance. RECOMMENDATION: Staff recommends the following: 1) Conduct the public hearing for the 2015/16 Appropriation Ordinance; and 2) Upon closing of the public hearing, approve the 2015/16 Appropriation Ordinance in the amount of $44,638,069. ORDINANCE NO. ORD-15- AN ORDINANCE PROVIDING FOR THE APPROPRIATION FOR THE FISCAL YEAR 2015-16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, ILLINOIS, as follows: SECTION 1. That it be deemed necessary in order to defray the necessary expenses and liabilities of said City for the fiscal year beginning May 1, 2015 and ending April 30, 2016; that there be and there is hereby appropriated to provide for the general tax levy and other revenue for the said fiscal year, the aggregate sum of Forty -Four Million, Six Hundred Thirty -Eight Thousand, Sixty -Nine ($44,638,069) the object and purpose for which said appropriation is made and the amounts appropriated for the same are as follows, to wit: SECTION 2. All unexpended balances of any item or items of general appropriation made by this Ordinance may be expended in making up any insufficiency in any items in the same general appropriation and for the same general purposes or in a like appropriation made by this Ordinance. SECTION 3. This Ordinance shall take effect from and after its passage, approval and publication according to law. 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. PASSED and APPROVED this 20t" day of JULY, 2015. AYES: NAYS: ABSTAINING: NOT VOTING: ABSENT: Mayor ATTEST: City Clerk 2015/16 2015116 Property Tax Budget Appropriation Levy Amount GENERALFUND Administration (100.01) 4010 Salaries - Regular $ 534,423 $ 534,423 4050 Overtime - Regular 500 500 4110 Salaries - Seasonal 0 0 4190 Salary Adjustments 12,825 12,825 4220 Board & Commission Expense 81740 81740 4310 Health/Life Insurance 83,308 83,308 4320 Dental Insurance 41203 41203 4330 Life Insurance 414 414 4340 Vision Insurance 253 253 4410 FICA/Medicare 42,151 42,151 4420 IMRF Retirement 73,946 73,946 4510 Uniform Allowance 450 450 5110 Contractual Services 171,500 171,500 5230 Legal Fees 250,000 250,000 5310 Postage and Meter 21000 21000 5320 Telephone 11,000 111000 5330 Printing and Publishing 31000 31000 5370 Repair and Maintenance 500 500 5410 Dues 15,800 15,800 5420 Travel Expenses 21800 22800 5430 Training 21900 21900 5440 Tuition Reimbursements 0 0 5450 Publications 400 400 5510 Utilities 3,500 31500 6110 Materials and Supplies 65,200 65,200 6210 Office Supplies 11500 13500 6250 Gasoline & Fuel 500 500 6270 Small Equipment 500 500 6940 Administrative Expenses 14,800 14,800 8200 Building Improvments 0 0 8300 Capital Equipment 0 0 8700 Capital -Furniture 0 0 9920 Purchase Service - Risk Management 71,607 71,607 9922 Purchase Service - Information Technology 29,867 29,867 9942 Transfer - Capital Improvement Fund 0 0 Total Administration Office 11408,587 13408,587 Elected Officials (100.02) 4010 Salaries -Regular 36,943 36,943 4050 Overtime - Regular 500 500 4190 Salary Adjustments 924 924 4210 Salaries - Elected Officials 56,450 563450 4310 Health/Life Insurance 91075 91075 4320 Dental Insurance 417 417 4330 Life Insurance 69 69 4340 Vision Insurance 69 69 4410 FICA/Medicare 71254 71254 4420 IMRF Retirement 5,180 51180 4510 Uniform Allowance - 0 5110 Contractual Services 250 250 5310 Postage and Meter 61300 61300 5320 Telephone 11500 11500 5330 Printing and Publishing 61500 61500 5410 Dues 800 800 5420 Travel Expenses 250 250 5430 Training 21575 2,575 5450 Publications 100 100 6110 Materials and Supplies 500 500 2015/16 2015/16 Property Tax Budget Appropriation Levy Amount 6210 Office Supplies 500 500 6910 Employee Recognition 0 0 6940 Administrative Expenses 19,300 19,300 9922 Purchase Service -Information Technology 16,412 16,412 Total Elected Officials 171,868 171,868 Community Development Department (100.03) 4010 Salaries - Regular 336,945 336,945 4050 Overtime - Regular 11500 19500 4190 Salary Adjustments 81461 81461 4310 Health/Life Insurance 1003955 1007955 4320 Dental Insurance 41336 41336 4330 Life Insurance 380 380 4340 Vision Insurance 149 149 4410 FICA/Medicare 26,538 26,538 4420 IMRF Retirement 46,832 46,832 4510 Uniform Allowance 0 0 5110 Contractual Services 22,462 22,462 5310 Postage and Meter 11200 11200 5320 Telephone 31800 31800 5330 Printing and Publishing 500 500 5370 Repair and Maintenance - Vehicles 11600 11600 5410 Dues 700 700 5420 Travel Expenses 250 250 5430 Training 11200 13200 5440 Tuition Reimbursements 0 0 5450 Publications 500 500 6110 Materials and Supplies - 0 6210 Office Supplies 2,000 21000 6250 Fuel and Lubricants 51000 53000 6270 Small Tools and Equipment - 0 7110 Cap, Lease Principal Payments 11945 11945 8200 Capital - Building Improvements 0 0 8400 Capital - Vehicles 0 0 9920 Purchase Service - Risk Management 25,295 25,295 9922 Purchase Service - Information Technology 38,554 38,554 Total Community Development Department 6311102 631,102 Finance Department (100.04) 4010 Salaries -Regular 224,220 224,220 4030 Salaries - PT 26,072 26,072 4190 Salary Adjustments 61257 69257 4310 Health/Life Insurance 72,388 729388 4320 Dental Insurance 21775 21775 4330 Life Insurance 317 317 4340 Vision Insurance 128 128 4410 FICA/Medicare 19,626 19,626 4420 IMRF Retirement 34,634 34,634 4510 Uniform Allowance 0 0 5110 Contractual Services 41670 4,670 5310 Postage and Meter 25,200 25,200 5320 Telephone 11000 11000 5330 Printing and Publishing 171985 17,985 5410 Dues 525 525 5420 Travel Expenses - 0 5430 Training 500 500 5450 Publications - 0 6110 Materials and Supplies - 0 6210 Office Supplies 61600 6,600 6270 Small Equipment 21000 21000 6945 Development Expense 275,000 275,000 2015/16 2015/16 Property Tax Budget Appropriation Levy Amount 9904 Debt Service Transfer 729,960 729,960 9907 SSA Transfer - 0 9909 Transfer to Motor Fuel Tax Fund - 0 9942 Capital Improvements Fund Transfer 11062,500 110623500 9944 Transfer to Band Fund 15,000 15,000 9945 Civil Defense Fund Transfer 51000 51000 9946 Capital Equipment Fund Transfer 243,225 2431225 9920 Purchase Service - Risk Management 193730 19,730 9922 Purchase Service - Information Technology 531960 53,960 Total Finance Department 21849,272 2,849,272 Police Commission (100.21) 4220 Salaries - Boards and Commissions 1,350 1,350 4410 Employee Contribution - Soc. Sec. 103 103 5110 Contractual Services 41625 47625 5330 Printing and Publishing 0 0 5410 Dues 375 375 5420 Travel Expenses 0 0 5430 Training 0 0 5450 Publications 0 0 Total Police Commission 61453 61453 Police Department (100.22) 4010 Salaries - Regular 778,966 778,966 4020 Salaries - Sworn 41124,977 43124,977 4030 Salaries - Part Time 91,295 91,295 4050 Overtime - Regular 45,000 45,000 4055 Overtime - Sworn 2441500 244,500 4080 Career Ladder 14,000 14,000 4190 Salary Adjustments 105,321 1053321 4310 Health/Life Insurance 11057,779 1,057,779 4320 Dental Insurance 44,246 44,246 4330 Life Insurance 41270 41270 4340 Insurance Premiums - Vision 21503 21503 4410 FICA/Medicare 413,410 4131410 4420 IMRF Retirement 125,346 125,346 4430 Employer Contribution - Police Pension 11387,374 1,387,374 4510 Employee Uniforms 33400 33,400 5110 Contractual Services 94,850 94,850 5310 Postage and Meter 31000 31000 5320 Telephone 49,080 49,080 5370 Repair and Maintenance - Vehicles 50,000 50,000 5410 Dues 11800 11800 5420 Travel Expense 16,675 16,675 5430 Training Expense 46,175 46,175 5440 Tuition Reimbursement 8,000 89000 5450 Publications 800 800 5510 Utilities 11500 13500 6110 Materials and Supplies 15,900 15,900 6210 Office Supplies 16,650 16,650 6250 Fuel and Lubricants 160,000 160,000 6270 Small Equipment 14,695 14,695 6310 Canine Unit 51300 51300 8300 Capital - Equipment 41240 41240 8400 Capital - Vehicles 0 0 8700 Capital - Furniture 0 0 9920 Purchase Service - Risk Management 2671833 267,833 9922 Purchase Service - Information Technology 228,746 2281746 Total Police Department 91457,631 91457,631 Public Works -Administration (100.30) 3 2015/16 2015/16 Property Tax Budget Appropriation Levy Amount 4010 Salaries - Regular 153,913 153,913 4050 Overtime - Regular - 0 4190 Salary Adjustment 31826 31826 4310 Health/Life Insurance 41,736 411736 4320 Dental Insurance 11676 11676 4330 Life Insurance 138 138 4340 Vision Insurance 84 84 4410 FICA/Medicare 12,067 12,067 4420 IMRF Retirement 211295 21,295 4510 Uniform Allowance 0 0 5110 Contractual Services 41600 41600 5310 Postage and Meter 400 400 5320 Telephone 31000 37000 5410 Dues 380 380 5420 Travel Expense 900 900 5430 Training 21000 21000 6210 Office Supplies 19000 11000 6270 Small Tools & Equipment 11600 11600 9920 Purchase Service - Risk Management 91019 91019 9922 Purchase Service - Information Technology 14,079 141079 Total Public Works -Administration 271,713 271,713 Public Works -Streets Division (100.33) 4010 Salaries - Regular 1,1497429 1,149,429 4050 Overtime - Regular 19,000 19,000 4060 Overtime - Snow Removal 801000 80,000 4110 Salaries -Seasonal - 0 4190 Salary Adjustment 26,099 26,099 4310 Health/Life Insurance 3737700 373,700 4320 Dental Insurance 11993 19993 4330 Life Insurance 11242 13242 4340 Vision Insurance 104 104 4410 FICA/Medicare 97,501 97,501 4420 IMRF Retirement 172,061 1721061 4510 Uniforms 7,000 71000 5110 Contractual Services 86,690 861690 5320 Telephone 51750 51750 5370 Repair and Maintenance - Vehicles 105,000 105,000 5430 Training 11000 11000 5520 Street Lighting 277,000 277,000 6110 Materials and Supplies 220,000 220,000 6210 Office Supplies 11500 11500 6250 Fuel and Lubricants - Vehicles 118,500 118,500 6270 Small Tools and Equipment 51000 51000 6290 Safety Equipment and Supplies 11500 11500 8300 Capital - Equipment 0 0 8400 Capital - Vehicles 0 0 9920 Purchase Service - Risk Management 1037047 103,047 9922 Purchase Service - Information Technology 91539 93539 Total Public Works "Streets Division 278623655 2,862,655 Parks and Recreation Department (100.41) 4010 Salaries -Regular 783,610 783,610 4030 Salaries -Part Time - 0 4050 Overtime - Regular 17,500 17,500 4110 Salaries -Seasonal 228,000 228,000 4190 Salary Adjustment 16,833 16,833 4310 Health/Life Insurance 218,353 2181353 4320 Dental Insurance 51710 51710 4330 Life Insurance 897 897 !g 4340 4410 4420 4510 5110 5310 5320 5330 5370 5410 5420 5430 5440 5450 5510 6110 6210 6250 6270 6920 6950 8300 8400 8800 9920 9922 Vision Insurance FICA/Medicare IMRF Retirement Uniform Allowance Contractual Services Postage and Meter Telephone Printing and Publishing Repair and Maintenance - Vehicles Dues Travel Expense Training Tuition Reimbursement Publications Utilities Materials and Supplies Office Supplies Fuel and Lubricants - Vehicles Small Tools & Equipments Special Events Forestry Expenses Capital - Equipment Capital - Vehicles Capital - Park Improvements Purchase Service - Risk Management Purchase Service - Information Technology Total Parks and Recreation Department Total General Fund Total Police Protection (Police Protection Levy) Total Soc. Sec./Med Fund (FICA Levy) Total Retirement Fund (IMRF Levy) Total Risk Management Fund (Liab. Ins. Levy) Total General Fund (General Corporate Levy) Total General Fund SPECIAL REVENUE FUNDS Tourism Fund (200) 5110 Contractual 6940 Administrative Expenses 9901 Transfer General Fund Total Tourism Fund Pageant Fund (205) 5110 Contractual 5310 Postage & Meter 6110 Materials and Supplies 6940 Administrative Expense Total Pageant Fund Band Fund (210) 5110 Contractual 6110 Materials and Supplies Total Band Fund 2015/16 Budget 459 80,015 110,422 2,250 273,950 9,250 15,450 6,800 15,000 126,933 500 3,150 0 500 35,900 128,800 3,000 26,000 12,000 26,600 48,000 0 0 0 81,774 42,987 21320,643 19,979,924 20,000 0 75,000 95,000 1,000 50 0 2,500 3,550 14,500 500 15,000 2015/16 Property Tax Appropriation Levy Amount 459 80,015 110,422 2,250 273,950 9,250 15,450 6,800 15,000 126,933 500 3,150 0 500 35,900 128,800 3,000 26,000 12,000 26,600 48,000 0 0 0 81,774 42,987 21320,643 19,979,924 7,531,501 698,562 5891716 558,575 10,601,570 547,959 563,745 3991194 4991994 1,3361942 19,979,924 3,3471834 20, 000 0 75,000 95,000 1,000 50 0 2,500 31550 14,500 500 15,000 Civil Defense Fund (220) 5 2015/16 2015/16 Property Tax Budget Appropriation Levy Amount 5375 Repairs and Maintenance - Equipment 33200 31200 6110 Materials and Supplies 0 0 Total Civil Defense Fund 31200 31200 Alarm Board Fund (225) 5110 Contractual Services 60,000 603000 Total Alarm Board Fund 601000 60,000 Audit Fund (230) 5110 Contractual Services 36,380 36,380 Total Audit Fund 36,380 36,380 Annexation Fund (260) 6970 Distribution Operating Fees 103000 10,000 8100 Capital - Land Acquisition 0 0 9904 Transfer - Debt Service Fund 351000 35,000 Total Annexation Fund 45,000 45,000 Motor Fuel Tax Fund (270) 6110 Materials and Supplies 305,000 305,000 8600 Capital - Street Improvements 110019650 1,001,650 9904 Transfer - Debt Service 400,262 400,262 9942 Transfer - Capital Improvements Fund 0 0 Total Motor Fuel Tax Fund 11706,912 11706,912 Developer Donation Fund (280) 6970 Distributions -Schools 331000 333000 6980 Distributions - Library District 41770 41770 6990 Distributions - Fire Protection District 41770 41770 Total Developer Donation Fund 42,540 429540 Developer Donation Fund -Parks (280.41) 6940 Administrative Expenses 14,200 14,200 8100 Land Acquisition 50,000 50,000 8800 Park Improvements 92,000 92,000 9902 Transfer - Rec Center Construction Fund 0 0 9942 Transfer - Capital Improvements 0 0 Total Developer Donation Fund - Parks 156,200 156,200 Tax Increment Fund (290) 5110 Contractual Services 0 0 6940 Administrative Expense 621000 62,000 8900 Public Improvements 20,000 20,000 9901 Transfer - General Fund 21500 21500 9904 Transfer - Debt Service Fund 239,595 239,595 Total Tax Increment Fund 3241095 324,095 DEBT SERVICE FUNDS Debt Service Fund (300) 7100 Bond Principal Payments 1,235,000 1,235,000 7200 Bond Interest Payments 3161555 3161555 7300 Paying Agent Fees 51000 51000 Total Debt Service Fund 11556,555 1,556,555 CAPITAL PROJECTS FUNDS 26,427 Recreation Center Fund (400) 2015/16 2015/16 Property Tax Budget Appropriation Levy Amount 8200 Buildings 4,8003000 438001000 9901 Transfer - General Fund 80,000 80,000 Total Special Service Area #1A 41880,000 41880,000 Special Service Area #1A (420) 9904 Transfer - Debt Service 0 0 Total Special Service Area #1A 0 0 Special Service Area #4A (424) 9936 Transfer - Utility Improvements Fund 16,847 16,847 Total Special Service Area #1A 16,847 163847 Capital Improvements Fund (440) 8100 Capital - Land Acquisition 0 0 8200 Capital - Building Improvements 1653000 165,000 8600 Capital - Street Improvements 755,000 755,000 8800 Capital - Park Improvements 85,000 85,000 8900 Capital - Other Improvements 447,500 447,500 Total Capital Improvements Fund 13452,500 11452,500 Local Street Improvements Fund (441) 9909 Transfer Motor Fuel Tax Fund 0 0 Total Local Street Improvements Fund 0 0 Capital Equipments Fund (450) 8300 Capital - Equipment 621725 62,725 8400 Capital - Vehicles 200,500 200,500 Total Capital Improvements Fund 2632225 2633225 ENTERPRISE FUNDS WATER/SEWER FUND Public Works -Water Division (510.31) 4010 Salaries -Regular 323,307 323,307 4050 Overtime - Regular 14,000 14,000 4110 Salaries -Seasonal 11,500 11,500 4190 Salary Adjustments 41014 41014 4310 Health/Life Insurance 104,933 104,933 4320 Dental Insurance 11544 1,544 4330 Life Insurance 311 311 4340 Vision Insurance 30 30 4410 FICA/Medicare 26,991 26,991 4420 IMRF Retirement 46,078 46,078 4510 Uniform Allowance 11550 11550 5110 Contractual Services 1201220 120,220 5310 Postage and Meter 31500 31500 5320 Telephone 33500 31500 5370 Repair and Maintenance - Vehicles 31500 31500 5410 Dues 500 500 5430 Training Expenses 41750 41750 5440 Tuition Reimbursement - 0 5510 Utilities 1653000 1653000 6110 Materials and Supplies 1201000 120,000 6210 Office Supplies 650 650 6250 Fuel and Lubricants - Vehicles 12,000 121000 6270 Small Tools and Equipment 13250 11250 7100 Bond Principal 95,000 95,000 7200 Bond Interest 48,208 48,208 8200 Capital - Buildings - 0 16,847 7 2015/16 2015/16 Property Tax Budget Appropriation Levy Amount 8300 Capital - Equipment - 0 8400 Capital - Vehicles - 0 9510 Depreciation Expense 500,000 500,000 9904 Transfer - Debt Service Fund 102,801 102,801 9920 Purchase Service - Risk Management 73,174 73,174 9921 Purchase Service - General Fund 218,737 2189737 9922 Purchase Service - Information Technology 15,207 153207 9923 Purchase Service - Audit Fund 41027 4,027 9930 Transfer - Water/Sewre Fund 664,822 664,822 9936 Transfer- Utility Improvements Fund 0 0 9942 Transfer - Capital Improvements Fund 0 0 Total Public Works - Water Division 2,691,104 21691,104 Public Works -Wastewater Division (510.32) 4010 Salaries - Regular 5025442 5021442 4050 Overtime - Regular 40,000 403000 4190 Salary Adjustments 103808 10,808 4110 Salaries -Seasonal 51000 51000 4310 Health/Life Insurance 120,181 120,181 4320 Dental Insurance 834 834 4330 Life Insurance 483 483 4340 Vision Insurance 138 138 4410 FICA/Medicare 421706 42,706 4420 IMRF Retirement 741689 74,689 4510 Uniform Allowance 21700 21700 5110 Contractual Services 199,000 199,000 5310 Postage and Meter 25000 21000 5320 Telephone 119000 11,000 5370 Repair and Maintenance - Vehicles 53000 51000 5375 Repair and Maintenance - Equipment 82,500 82,500 5380 Repair and Maintenance - Utility System 25,000 25,000 5410 Dues 400 400 5430 Training Expenses 750 750 5440 Tuition Reimbursement 11000 11000 5450 Publications 100 100 5510 Utilities 415,000 4151000 5580 Disposal 191,160 1913160 6110 Materials and Supplies 2143000 214,000 6210 Office Supplies 11000 11000 6250 Fuel and Lubricants - Vehicles 20,000 20,000 7100 Bond Principal 2451000 245,000 7200 Bond Interest 201,325 201,325 7300 Fees - Paying Agent 11100 11100 8400 Capital - Vehicles 0 0 9510 Depreciation Expense 15100,000 11100,000 9904 Transfer - Debt Service Fund 13,065 13,065 9920 Purchase Service - Risk Management 871976 87,976 9921 Purchase Service - General Fund 2332188 233,188 9922 Purchase Service - Information Technology 11,750 11,750 9923 Purchase Service - Audit Fund 41027 41027 9930 Transfer- Water/Sewer Fund 381,163 381,163 9936 Transfer - Utility Improvements Fund 0 0 9942 Transfer - Capital Improvements Fund 0 0 Total Public Works -Wastewater Division 41246,485 41246,485 Public Works - Utility Division (510.35) 4010 Salaries - Regular 512,527 512,527 4050 Overtime - Regular 35,000 35,000 4190 Salary Adjustments 10,626 10,626 4310 Health/Life Insurance 158,981 158,981 4320 Dental Insurance 1,029 11029 4330 4340 4410 4420 4510 5110 5310 5320 5370 5410 5430 6110 6210 6250 6270 Life Insurance Vision Insurance FICA/Medicare IMRF Retirement Uniform Allowance Contractual Services Postage and Meter Telephone Repair and Maintenance - Vehicles Dues Training Expenses Materials and Supplies Office Supplies Fuel and Lubricants - Vehicles Small Tools Total Public Works -Wastewater Division Total Water/Sewer Fund Capital Development Fund (550) 9936 Transfer - Utility Improvements Fund Total Capital Development Fund Utility Improvements Fund (580.31 & 32) 8500 Capital - Water Utility Improvements 8500 Capital - Sewer Utility Improvements Total Utility Improvements Fund Marina Operations Fund (590) 5110 Contractual Services 6940 Administrative Expenses Total Marina Operations Fund INTERNAL SERVICE FUNDS Health Insurance Fund (600) 4310 Insurance Premiums - Health/Vision 4315 Insurance Premiums - Other 4320 Insurance Premiums - Dental 4340 Insurance Premiums - Vision 5245 Health HRA Reimbursement 6960 Miscellaneous Expense Risk Management Fund (610) 5950 MCMRMA Premiums 5960 Insurance Premiums - Other 5980 Property Damage 6940 Administrative Expense 6960 Miscellaneous Expense 9921 Purchase of Service - General Fund Total Risk Management Fund Information Technology Fund (620) 4010 Salaries -Regular 4190 Salary Adjustment 4310 Health/Life Insurance 4320 Dental Insurance 4330 Life Insurance 4340 Vision Insurance 2015/16 Budget 552 20 42,699 75,351 3,150 17,500 500 61500 10,500 200 500 150,000 1,100 18,000 1,250 11045,985 7,983,574 2015/16 Property Tax Appropriation Levy Amount 552 20 42,699 75,351 3,150 17,500 500 6,500 10,500 200 500 150,000 1,100 18,000 1,250 11045,985 7,983,574 0 0 0 0 0 rol C�7 20,000 20,000 26,000 26,000 46,000 46,000 2,604,970 0 115,391 12, 326 1123000 51000 2,849,687 611,871 2,500 50, 000 4,250 500 20,085 143, 718 3, 558 32,564 1,294 138 128 2,604,970 0 115,391 12,326 112,000 5,000 2,849,687 611,871 2,500 50, 000 4,250 500 20,085 143, 718 3, 558 32,564 1,294 138 128 4410 4420 4510 5110 5320 5410 5420 5430 5440 5450 6110 6210 6270 9510 9920 FICA/Medicare IMRF Retirement Uniforms Contractual Services Telephone Dues Travel Training Tuition Reimbursement Publications Materials & Supplies Office Supplies Small Tools and Equipment Depreciation Expense Purchase Service - Risk Management Total Information Technology Fund FIDUCIARY FUNDS Employee Flexible Spending Fund (700) 6940 Administrative Expenses 6965 Reimbursements Total Employee Flexible Spending Fund Developmental Escro Fund (720) 9942 Transfer - Capital Improvements Fund Total Employee Flexible Spending Fund Police Pension Fund (760) 4910 Pension Payments 4920 Disability Payments 4930 Death Benefit Payments 4940 Non -Duty Disability Benefit Payments 5110 Contractual Services 5410 Dues 6940 Administrative Expense 9923 Purchase of Service - Audit Fund Total Police Pension Fund Retained Personnel Fund (740) 5220 Engineering Fees - Consultant 5221 Engineering Fees - Staff 5230 Legal Fees 6960 Miscellaneous Expense 6961 Miscellaneous Refunds Total Retained Personnel Fund 2015/16 Budget 11,267 19,882 0 129,381 2,500 600 325 0 0 0 13,000 19,200 30,200 45,000 8,345 461,100 5,000 75, 000 80, 000 0 0 1,439,471 228,485 115,606 17,512 45,000 2,000 0 31500 1,851,574 20,000 0 %000 8,000 2,000 2015/16 Property Tax Appropriation Levy Amount 11,261 19,882 0 129,381 2,500 600 325 0 0 0 13,000 19,200 30,200 45,000 8,345 461,100 5,000 75,000 80,000 0 0 1,439,471 228,485 1151606 17,512 45,000 2,000 0 3,500 1,8511574 11387,374 20,000 0 10,000 8,000 2,000 403000 Total All Funds $ 44,638,069 $ 44,638,069 4,778,482 i� Derik Morefield, 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 DATE: July 20, 2015 TO: McHenry City Council FROM: Derik Morefield, City Administrator RE Special Event Liquor License ATT: Application St. Patrick Catholic Church located at 3500 Washington Street is requesting permission to sell beer and wine at the annual Oktoberfest fundraiser on Saturday, September 26t from 4:00 PM to 11:00 PM. The $25 license fee has been paid and all required paperwork has been submitted. If Council concurs with this request, then it is recommended a motion is considered to approve the special event liquor license application for St. Patrick Catholic Church as presented. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the hig/lest qua//ty of programs and services in acustomer-oriented, efficient, and frseal/y responsible manner. SPECIAL EVENT LIQUOR LICENSE APPLICATION CITY OF MCHENRY S (A special event liquor license may also be required by the State Liquor Control Commission) www. state. il. us/Icc FEE $25.00 COMPANY OR ORGANIZATION: 17;L�P►C�►L1 TYPE OF BUSINESS OR ORGANIZATION: 2. LICENSE APPLICANT: � �-m°`� LcC �K APPLICATION DATE z CITY: CITY:VVI &['P yj ell DATE OF BIRTH: DAYTIME TELEPHONE NO.: ':> 76 ko EVENING TELEPHONE NO. 3. LOCATION WHERE SPECIAL EVENT HELD: 4. (non-residential premises only) OWNER OF LOCATION WHERE SPECIAL EVENT HELD: OWNER'S ADDRESS: l � a CITY: TELEPHONE NUMBER: � � �" 5. DATE(S) OF EVENT: r ( t more than 3 days) 6. TYPE OF ALCOHOL TO BE SERVED: BEER %C 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 states that the City of McHenry shall not be held liable for any occurrence, loss, damage, or injury as a result o 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 liquor or 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 correc he best of his/her knowledge and belief. The undersigned is aware that state liquor ' ensing approval is regd for this li se. SUBSCRIBED and Notary Pu DATE ISSUED EFFECTIVE DATES) R .,fQr,� rntt�i5hty IllinoisMom Signature of Applicant LICENSE NO. zo�z Office of the City Administrator 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: July 20, 2015 Regular City Council Meeting RE: 14t" Annual Run/Walk-a-Thon for Literacy ATT: Map The McHenry Elementary Education Foundation will host the 14th Annual Run/Walk-a-Thon for Literacy on September 13th. The Foundation is requesting the temporary closure of a portion of Glenbrook Trail and Dartmoor Drive and use of city support services. Staging, registration and parking for the event will take place at Riverwood School. Registration will begin at 7:00 AM and the Run/Walk will begin at 8:00 AM. Attached is a map depicting the route, which will necessitate the complete closure of a small portion of Glenbrook Trail from the exit drive of Riverwood School to Cross Trail and Dartmoor Drive at Oakton Street for approximately 15 minutes as runners complete that portion of the course. The district is requesting to host a "Color Run" this year, with three stations where participants will have colored - powder thrown at them. The colored -powder that will be used is certified non -toxic and free of heavy metals. The bright colors are a combination of cornstarch, baking soda, and FD&C dyes. Two of the stations will be setup on school property and one is proposed for Jaycees Park. The Foundation will provide volunteer staff to manage the race. Police Department staff will manage the event utilizing barricades and on duty personnel. Should overtime officers need to be assigned the Foundation will be charged the current rate. The only other cost that will be incurred for city services is the time to disperse and collect the barricades and assistance with management of the race course, for which the Foundation has agreed to pay. If Council concurs, then it is recommended to approve the temporary closure of a portion of Glenbrook Trail and Dartmoor Drive and use of city support services as presented for the 14th Annual 5K Run/Walk-a-Thon for Literacy sponsored by the McHenry Elementary Education Foundation. Elementary Education Foundation SK Run �'rrxrarfl Lr �v 41 &arKbury_Dr ;r1 W Aehiand Ck f Cambfldge Dr _ -.1 N Greenbrier Dr 'M� r�alrt� c:t IL4 4B Barricades & # p Police Location V Volunteers Cones (by others) WS Water Station w On Bike Path 0 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: July 20, 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. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest qua/ity of programs and services in acustomer-oriented, effrcient, and ftscally responsible manner. FOR COUNCIL MEETING ON JULY 20, 2015 Beer/wine Permit Requests These are beer and wine permit requests associated with picnic permits. Date of Picnic Applicant Address 07/26/15 Jennifer Thoma Bday 4517 Clearview Dr, McH 08/22/15 Angelica Lopez Bday 1625 N Riverside Dr, Apt A Special Use Application Requests There are special use application requests associated with picnic permits. Date of Picnic Applicant Address Special Use 07/26/15 Jennifer Thoma Bday 4517 Clearview Dr, McH grill 08/22/15 Angelica Lopez Bday 1625 N Riverside Dr, Apt A bounce house 09/19/15 Salvatore L DiRubbo Chain O'Lakes Eagles TConaway\pic perm list.doc PO Box 1283 McHenry casual flying of RC seaplanes m�CIA INKY� z7AR�z �{ac�.�r�rz�s srrczAL USE AND/OR SEER/ vrN i~ APPLICAHON Contact Person: , Dace of Picnic a mPP ---.. Conil�any/Organ:izaticH�.—_ Add.ress:__ �G%Oea1/view f 7 Y' p I� i i_ i t I=�Coine. Phonc:._�._— ---------Work/Cell Phone;_, 1 �I v Cit /State/7i 1 i i park; a Knox park (A only)':C�eterse n Park n Vefera.n's Memi�rial Pa.rl< Area: n Shelter A oi"Shelter B r_; Shelter C o Other: Arrival Time, A1�_ C)eparture "1 inte:t ; 1�-_—Total Number Attending.,._ (.._ F'ralsifyiizg �rtlera<dcrnce hi��nGe�slll �c�sult ire loss «f r.Cept>sil. Groups over 500 must obtain additional: n dumpsters n portable toilets Water, electricity and restroorns arc available at all sites. Knox Park A has tt portable restroom. Brief description of event (company picnic, car show, craft show, we(-Iding, etc) ,_�h List all activities to be held: if Items brought into park site: n Tables n Chairs r_� Be°nches n Carnival Rides r`i�Music n,At�imals c� Catered Pig I�oasf n Others o "lent: [.,ocation In Park: F,IaL:A TI RICAL, TEN -INS Size: o APPI.,ICAN7� T'U CAI-,L JIJLCE (1-8UU-$92-Ui?3} FO BE LOCATED n NQ ;ExLECTRIC: Shamrock FOR "Pent Staked; n yes n no Will beer/wine he present: �i,,Yes u No X�+ 1'OCJ CC-�S�CK;���1 �'T;S, i'LCASI+� ANS�V�It QtJLSTIONS T3r�L,OW: Indicate the nuntber of beer/wine permits denied t''; Indicate amount of• beer/wine Co be brought into the City Park under this permit on above date (number of wine bottles, beer cases, beer kegs, etc,) -lLC 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 parson will be allowed to consume any of the beer/wine brcll.lght into ttte City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McI-lenry park, ptursuant 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 rend and Will comply with the City of McFlenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of MCI-lenry regarding the Special Use and/or Beer/Wine Application(s) and will assume t'usponsibility for any loss, clamage or liability arisinu from the use of the park property. I also understand that not complying with the Park Permit rules will result in loss oi'deposit, Signature: Date._„_,_ Iealth permits are required by law Cor 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: USE a**A1:A A,w,a�;OR ol�l'1(.�f', n%,�>1*�;vr+; Reservation Fee: $ �'`� x n � Initials �� Deposit Ree: $ y cl i l C;h rllQ y. --- �n�enr. rJ a5h C� C h� 'hotel Fee: $ Submitted ro Cit Council, � << <�.t Confirmation Sent: -_ Initials: --- City COLInCil Appoval._ i park s\forms\picnic formslspecial use and beer and or wine application AD MCHENRY PAIUC FACILITIES SPECIAL USE ANb/OZZ BEER/WIN { APPLICA'TZON Contact: Person: of PICI'lIC Copan /Ur anization; — AdAddress:_t`LLJ f� ` ny Ciry/State/lip,(?%'t: �, `. q..,lfome Phone .... ------''— --..._Work/Cell Phone: i Park: Knox Park (A only) o Petersen Park o Veteran's Memorial Park Area: helter cl Shelter B 0 SlIelter C rt Other: - --------__. _. I.. I .______..._._.._.._.-. ' Arrival Ilnle: f - I)epGl.l'fUie Lime:--- Total Number Attending:_._ �- Falsifying altendanee numbers lvill res1dl ill loss o 'deposit, Groups over 500 must obtain additional: n dumpsters n portable toilets Water, electricity and resfroorns are available a.t all sites. Knox ('ark A ha-s <� porCable restroorn. Brief description of event (co4�l`'any picnic, car show. craft show, wedding;, etc.) _ ___, :� L - ( _ __ List all activities to be held: t "% #_ An f,' , h A�7 A Al P Items brought into park site; u fables n Chairs ❑Benches n Carnival fZides ❑ Mt.tsic ❑Animals o Catered Pig Roast n Other o 'Pent: [_,ovation 111 Park: ELECTRICAL Size: FOfZ TENTS � APPL,ICAN'lTU CAI.,L Jl)LfE (1-$00-892-0123) ^C'U BE LOCATED o NO l-�.LEC:'�FR(C: Shamrock "bent Staked: u yes �a no it'iC'hik"I'**'l']Ci:>fX�'*':Ej"F ii �'7�1r1Y�'i(tnit'iQT Yc 1(lf�ll:Yit'i(1'f�/l�llk'n'>CYC'k�'%%Y.:ifs;('A'Y'%>f****X1Nif%lf(Y.Yf)C%: 1t Yt/�'K'Y1f;i 1tN>(fK1f StK k'itNYfHN NNkS''i('R >'rt 'if 'n'ft if •i, Will beer/wine be present; n Yes �� No X� Y0�1 CH�'C�.�,� YI±�S, �'L.L+;ASS ANSW�It QtJ;✓STIONS l3I;LOW: Indicate the number of beer/wine permits denied Indicate arnount of bcer/wine to be brought into t City Park under this permit on above date (number otlwlm bottles, beer cases, beer kegs, etc.)' Q.c I agree Chat all the beerAvIlle containers will be removed by applicant or placed in prober �:ontainers on site on the permitdate and that no underage or intoxicated person will 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 in the City of Mc1[Aenry park. pursuant t:o 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. t have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set Forth by the City of MCI -leery 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 also�understa-nd that not complying with the Park Permit rules will result in loss of delxosit. 11 Signature: g S► Tl � !� I - 5/S r' �✓ ~ /A 1;'t f -� j c Date, I I Health permits are required by law IV */eoncessicS'ns 14111d catering. Please male arrangements o obtain permits. �— NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions: ******a��,�a�e*+xa*�:**,t,t**��x,twa��a,�*+t*�k N•Axtt �•iF A •k>4*k �fr krr it�irk�l•A�A'A�R�7 * 'h'k��x9:,t*kk�:x,F,kV:xi: -� FOR OFFIC'F, USB ONLY De osit Fee: _. Payment. o Cash t,] Check L.T liar e —..—._...-_.....__......_._ 4/ Y 'Total Feco 0 CoSubmitted to City Council; ' -.--- ____..{_�5 Confirmation Split: Initials: City Council Appro4flaI ._._ parkslforms\picnic formslspecial use and beer and or wine application Contact Person: 4.,. Company/Organ.ization: Y" City/State/Zip:AN, 160 (4Q! 7L bonle Ph :APPLRCA, I MN Date of Picnic: /22C NE 4�) G Work/Cell Phone: Xr jy /1 Park: ❑ Knox Park to only) �Petei•son Park ❑ Veteran's Memorial Park Area: ❑ Shelter A n Shelter B o Shelter C r.i Other: ® _ Arrival Time: .` U �� De arture Time: L ,/ i-2 � qlIl .w� — p 7. _. Total Number Attendin �'als fyrn� attendance raurrzGers will result irz loss of <lepnszt. Groups over 500 must obtain additional b dunipsters ❑ portabletoilets Water, electricity and restiboins itre aVrirla.hle at all sites. Knox Park A has a pgrtable`restroorrt: Brief description of event (company picnic, car show. craft sh List all activities to be held: :c� `a^ . -�: -r- � e. wedding, etc ): �ut,"� Iten-is brouglit into park site:�Tables r.�"Chairs u Benches ❑ Carnival tz`ides �i Music ❑ Anii�ials �,C�tered Pig Roast W ❑ Tant: Locati In Tent Staked: a yes ❑ no 1 U is C LUC.;A r bll _ � NO L;LECTRCC; Shamrock is is*ic*sk is*xsexx*,F,c�:x��,�,y**,y*Kxx*fix*�Nrir�&Y is M k r;is*x*i;�t*��k*ir ttnK�*xit itx�iex*rexx�xis fF�*xxie x+�xxxxxt4 itxtr tirWxxst rr f��x>: xie ie six r: ..Will beer/vvine:be: present, o Yes ❑ No IF'YOU;CHEC1KED YESi.PLEASEANS'WER QUESTIONSIBELOW; lndicate 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 of wine bottles, beer cases, beer kegs, i agree Chat all the. beer/wine containets.will be removed by applicant.or.placed.: in proper.:contatners-on site:.on the Perm it' date :and Ghat no:underage or: iiito+xicated. person will be allowed to constimc any:of.the.beer/wine.brought illto the City of McI (enry park t:iiiderthis permit: I: agree: that: none of the beer/.wine allowed in::the.C,ity:of McHenry 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: prol.iibited a.have::read-and,will coinply_with the %Ctty o.f:Mcilenry Perk Penl�it rules l have_read and understand the rules; and regulations that_have.been set forth by the City af:McHeniy.reg�iding the. Special Use and/or Beer/Wine Applicatiop(s) and will assume responsibility for any loss, dainage or liability arising from the use of the park property. I also understand that not complying with the Park Permit rules will result in loss of deposit. Signature Date Health permits are requxred:..by,law forconcessions and catering. Please make arraxigements to obtain permits. NOTE: Approval will be based on the items fisted above. Any other requests are subject to fuixtlier approval, Restrictions: I,.I I I I.I I _... E*xx*****"***> *F%0R OFFiCE C.iSE ONLV***x y(�; *>4>';****N*;r****** tix Reservation Fee: $ — _ Date Paid:_. Initials;_ Deposit Fee: $ `Total Fee: Payment: ❑ Cash ❑ C iec ❑ Char Ic ^_ $ _ f Confirmation Sent: _ _Initials:Submitted to City Council: _ City Council Approval: r parks\forms\picnic forms\special use and beer and or wine application Office of the City Administrator Derik, Morefield, 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: Derik Morefield, City Administrator FOR: July 20, 2015 Regular City Council Meeting RE: Block Party Request ATT: Application and Aerial Photograph The following block party request was submitted for consideration: Eisenhower Blvd. Marge and Tom Fellberg who reside at 2505 Eisenhower Blvd. in the Liberty Trails subdivision are seeking permission to close Eisenhower Blvd between Tyler Trail to Hillside Lane Street for a block party. The parry will be held on Saturday, August 15th, from 11:00 AM to 12:00 AM. Attached is an application submitted by Mr. and Mrs. Fellberg on behalf of the residents on Eisenhower Blvd. This is an annual event and past events have not adversely affected the neighborhood. If Council concurs, then it is recommended that a motion is considered to approve the block party request as presented. Public Works will provide barricades and the McHenry Township Fire Protection District and Police Department will also be notified of the event. 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. Block Party PermitApplication Revised 5/12 Application submitted by: 122A Street Address: Giselv.'l®zz�)ele bp. Date Submitted: NOTE: PLEASE SUBMIT YOUR APPLICATION TO THE ADMINISTRATION OFFICE AT LEAST 30 DAYS PRIOR TO DATE OF PROPOSED BLOCK PARTY Date of Block Party: �� /� T Hours of Proposed Street Closure Subdivision Name: � �` fJ � i2 Specific Location of Proposed Street Closure (i.e. from what intersection to what intersection): �CS�iv/�auler2 •� �.y� Street Contact Person(s): Contact Persons) Address: �� dcJ� •�/5e�y/'%�t��/c .��.U,� Daytime Phone Number: 4S1.� •� err � qr�_ Evening Phone Number: _ ��,f� �� �? �✓7 I hereby certify all persons in my neighborhood impacted by the closure of this street have been notified of same. Signed: �� kJ Date UPON COMPLETION, PLEASE SUBMIT APPLICATION TO. CITY OF MCHENRY ADMINISTRATION OFFICE 333 SOUTH GREEN STREET MCHENRY IL 60050 OR FAx: 815-363-2119 ORE -MAIL: mgeraghty(d.)ci.mchenry.il.us - - - - - - - - - ----------------------------------------------------------------------------------------------------- OFFICE USE ONLY COUNCIL APPROVAL ON: / / NOTIFICATION MADE TO: ❑ MCHENRY POLICE DEPT. ❑ MCHENRY PUBLIC WORKS STREET DIVISION ❑ MCH TOWNSHIP FIRE PROTECTION DISTRICT ❑ APPLICANT REGULAR MEETING June 15, 2015 Mayor Low called the regularly scheduled June 15, 2015 meeting of the McHenry City Council to order at 7:00 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Curry, Wimmer and Condon. Absent: Peterson. Also in attendance were City Administrator Morefield, Director of Economic Development Martin, Director of Finance Lynch, Director of Public Works Schmitt, Chief of Police Jones, City Attorney McArdle, City Engineer Pieper and City Clerk Jones. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. CALL TO ORDER THE CONTINUED 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. Mayor Low called to order the continued 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 at 7:03 pm. She announced on June 1, 2015, the City Council moved to continue the hearing to this evening. City Administrator Morefield reported the Public Hearing notice was published in the Northwest Herald and Chicago Tribune on June 5, 2015 and the IEPA Project Summary and Preliminary Environmental Impacts Determination Report dated June 3, 2015. The public has an additional 10 days following the Public Hearing date to submit written comments to the city or the IEPA. Mayor Low asked for comments from the Public in attendance and there were none. Mayor Low asked for comments from the City Council. One comment was made by Alderman Glab who noted the city was too far into the process to turn back now. Motion by Wimmer, second by Santi to close the 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 at 7:05 pm. Voting Ave: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. The Public Hearing was closed at 7:05 pm. Regular Meeting Page 2 June 15, 2015 CALL TO ORDER THE PUBLIC HEARING REGARDING A PROPOSED AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE PRESERVES AT BOONE CREEK Mayor Low opened the Public Hearing regarding a proposed amendment to the Annexation Agreement for the Preserves at Boone Creek at 7:05 pm. City Administrator Morefield reported that on April 11, 2005, the City Council approved execution of an Annexation Agreement for subdivision and development of approximately 300 acres of property north of Bull Valley Road and east and west of Curran Road. The Agreement included approval of a concept plan for the development of 414 single-family homes, 136 townhome dwelling units and commercial property at the intersection of Bull Valley and Curran Roads. The development was annexed and zoned, however the project did not move forward due to the downturn in the economy. Because of increasing traffic and safety concerns at the intersection of Curran Road and Bull Valley Road, the completion of roadway improvements to the intersection has become an important issue to address. The City of McHenry was awarded Surface Transportation Program (STP) funding through the McHenry County Council of Mayors to complete the improvements to the intersection for installation of a traffic signal; corresponding roadway widening; and construction of turn lanes at Curran Road and Bull Valley Road. However, additional right-of- way along Curran and Bull Valley Roads is necessary to complete the project. Mr. Morefield reported property owner Roger Gerstad representing Gerstad Builders, has agreed to dedicate the right-of-way required to complete the project upon approval of an amendment to extend the terms of the agreement an additional 10-years to 2035. Mr. Gerstad was present at the meeting. City Administrator Morefield informed Council that atwo-thirds majority (6 votes from Council) is required, including Mayor Low's vote, is required for approval. Mayor Low asked for comments from the Public in attendance and there were none. Mayor Low asked for comments from Council: Alderman Glab expressed concern regarding the $400,000 contribution, as written in the original Annexation Agreement. He opined costs have increased since the agreement was approveA and suggested the amount of contribution be increased. City Administrator Morefield responded that staff is cognizant of the increase in expenses however; the city is being offered additional property by Mr. Gerstad. Alderman Glab expressed concern about references made in the original agreement regarding the McHenry Bypass. He commented that he is doubtful the McHenry Bypass will Regular Meeting Page 3 June 15, 2015 come to fruition and requested all references to the McHenry Bypass be removed from the document. Alderman Schaefer concurred with Alderman Glab regarding the amount of contribution. And probable increased costs for the project. City Administrator Morefield reiterated to Council that the city is not purchasing the property for the right-of-way. Motion by Condon, second by Wimmer, to close the Public Hearing regarding a proposed amendment to the Annexation Agreement for the Preserves at Boone Creek at 7:22 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. The Public Hearing was closed at 7:22 pm. MOTION TO APPROVE AN ORDINANCE AUTHORIZING THE MAYOR AND THE CITY CLERK'S EXECUTION OF THE FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE PRESERVES OF BOONE CREEK Mayor Low called for a motion the approve the Ordinance authorizing the Mayor and the City Clerk's execution of the First Amendment to the Preserves of Boone Creek Annexation Agreement between the City of McHenry, First Midwest Bank Trust No. 4562, First Midwest Trust No. 13375 and Gerstad Builders. Alderman Glab stated he is unable to support the Amendment to the Annexation Agreement. Alderman Schaefer concurred with Alderman Glab, citing it has been 10-years since the original Annexation Agreement stating the amount of contribution concerned him. Mayor Low informed Council that Mr. Gerstad has demonstrated his company's committed to the development of the property. She emphasized that the City of McHenry needs the right-of-way. Responding to an inquiry from Council, Director of Public Works Schmitt informed Council the STP funding has been scheduled, the City of McHenry needs the right-of-way and should the right-of-way not be obtained, it is likely that the funding for the project will be lost to the City. Motion by Condon, second by Wimmer, to approve an Ordinance authorizing the Mayor and the City Clerk's execution of the First Amendment to the Preserves of Boone Creek Regular Meeting Page 4 June 15, 2015 Annexation Agreement between the City of McHenry, First Midwest Bank Trust No. 4562, First Midwest Trust No. 13375 and Gerstad Builders. Voting Aye: Wimmer, Condon, Mayor Low Voting Nay: Santi, Glab, Schaefer, Curry, Absent: Peterson. Motion denied. PUBLIC INPUT SESSION Mrs. Joyce Story, 1617 Leonard Avenue, addressed concerns to the Council about adult establishments and video gaming facilities in McHenry. Mr. Pat Miller, 747 Deerwood Trial, told the Council he is stepping down as President of the Girl's Pigtail Softball League and introduced Ms. Jeanne Salazar as the new President. Mr. Miller expressed he appreciation for the city's past collaborations with the Pigtail League. CONSENT AGENDA A. 2015 Prevailing Wage Ordinance; B. Renewal of Northern Illinois Police Crime Lab (NIPCL) Membership; C. Temporary Use Permit for Outdoor Sales at 3436 Shoppers Drive (Dick's Sporting Goods); D. Temporary Use Permit for the use of Petersen Park on October 10, 17, 18, 24, 25 and 31, 2015, as requested by the Wonder Lake Ski Team for the Haunted Hayride; E. Resolution of Support for Chicago Metropolitan Agency for Planning (CMAP) Technical Assistance Grant, to be submitted by the McHenry County Planning and Development Department; F. May 11, 2015 Committee of the Whole meeting minutes; G. May 18, 2015 City Council meeting minutes; H. Approval of Parks Special Use/Picnic Permits; I. Approval of As Need Checks; and J. Approval of List of Bills. Mayor Low pointed out a correction to the Consent Agenda Item D, which actually is a request for Temporary Use of the Petersen "Farm," not Petersen "Park." Motion by Wimmer, seconded by Curry, to approve the Consent Agenda. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. MOTION TO AUTHORIZE THE MAYOR'S EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT FOR DISPATCH SERVICES City Administrator Morefield reiterated to Council that currently the City of McHenry owns and operates a dispatch center (Center) that provides services to McHenry Police; Johnsburg Police; McCullom Lake Police; McHenry Township Fire Protection District; Marengo Fire; Marengo Rescue; and Union Fire. Regular Meeting Page 5 June 15, 2015 The Center is a full -service, 24/7 Center that currently operates with nine full time dispatchers and a pool of part time dispatchers to maintain two working dispatch positions at all times. All are trained in police dispatching, fire/EMS dispatching, and call -taking. The workload is currently shared by all equally. Prior to 2009, the Center operated with 10 full time dispatchers, which was reduced by attrition in an effort to reduce the financial burden of the City in a difficult economic client. Since 2009, the Center has seen a steady growth of workload in the form of 911 calls; non - emergency calls; implementation of emergency medical dispatch (EMD) protocols; and advancement in the field's overalls. City Administrator Morefield stated that since 2011, the McHenry Police Department has been evaluating the Center to ensure stability and potential growth. Between 2013 and M15, the McHenry Police Department and the McHenry Township Fire Protection District (MTFPD) actively met as a team to evaluate the needs of the McHenry area community. During the evaluation process McHenry Police Chief Jones and MTFPD Fire Chief Huemann identified service to the community and safety and fiscal responsibilities as key points in developing a plan for the future and following the evaluation they agreed that a partnership between the two governmental agencies would benefit the McHenry community and surrounding areas and would create a stable environment for emergency dispatch services. City Administrator Morefield reported the plan for the partnership was presented to Council on June 1, 2015 and the MTFPD Board on June 2, 2015. The first phase of the partnership is the implementation of an Intergovernmental Agreement between the City of McHenry and the MTFPD. In the Agreement, the MTFPD agrees to pay an annual fee of $185,000 to the City of McHenry, with an option of reducing the fee as the City expands and provides services to new agencies. The City, in turn, agrees to: • Hire three (3) additional dispatchers, bringing the minimum full time staffing level to twelve (12) dispatchers; • Create a designated fire dispatch seat; and • Allow the MTFPD to provide input on the expansion and growth of the physical centers and develop an administrative oversight structure that would allow for equal decision making by McHenry Police and the MTFPD regarding policy development; development of best operational practices; and hiring new center employees City Administrator Morefield stated that it is anticipated that the Intergovernmental Agreement will be considered by the McHenry Township Fire Protection District Board at their meeting on June 18, 2015. Regular Meeting Page 6 June 15, 2015 Motion by Schaefer, seconded by Curry, authorizing the Mayor's execution of the Intergovernmental Agreement between the City of McHenry and the McHenry Township Fire Protection District. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. MOTION TO ACCEPT THE PLANNING AND ZONING COMMISSION'S RECOMMENDATION AND ADOPT AN ORDINANCE GRANTING A CONDITIONAL USE TO ALLOW A TAVERN WITH LIVE ENTERTAINMENT AND A 55-SPACE PARKING VARIANCE FOR 4005 KANE AVENUE IN THE REMAX PLAZA SHOPPING CENTER City Administrator Morefield informed the Council that an application was submitted requesting a Conditional Use Permit to allow a tavern with live entertainment in Unit L of the property located at 4005 Kane Avenue. The subject property consists of 19,133 square feet of office, retail and commercial space, known as the REMAX Plaza Shopping Center. The property is currently zoned G5 Highway Commercial District and is surrounded by commercial and service uses to the north and east, multi -family residential to the west, north and south, and vacant land to the south. Staff believes the proposed tavern use with live entertainment is an appropriate land use for the subject property. The operator of the proposed tavern currently operates a successful business similar to the one being proposed tonight in Belvidere, Illinois. The tavern proposed at REMAX Plaza will include craft beer brands on tap and no food would be prepared on site. The applicant is also requesting permission to occasionally host light entertainment such as music and intends to install video gaming terminals. REMAX Plaza currently has 67 parking spaces, including three handicapped accessible spaces. The property is landlocked and unable to expand their parking. REMAX Plaza was constructed 29 years ago. The Planning and Zoning Commission unanimously recommended approval of a Conditional Use Permit to allow a tavern with live entertainment at 4005 Kane Avenue, Unit L, and approval of a 55 space parking variance for REMAX Plaza Shopping Center, with the condition that there be no on -site food preparation at 4005 Kane Avenue, Unit L, unless the Conditional Use Permit is amended by the City Council City Attorney McArdle stated that Item No. 12 is contingent upon approval of Item No. 11, as the issuance of a liquor license would be unnecessary without the Conditional Use. A brief discussion ensued. Alderman Wimmer asked if the applicant would be willing to forego video gaming for a period of one year to see if the location could support a tavern. Mr. Regular Meeting Page 7 June 15, 2015 Kevin Olson representing the owner stated video gaming facilitates much revenue for the establishment. Motion by Condon, second by Wimmer, to approve an Ordinance allowing a tavern with live entertainment at 4005 Kane Avenue, Unit L; and an Ordinance granting a 55 space parking variance for REMAX Plaza Shopping Center, with the condition there be no onsite food preparation at 4005 Kane Avenue, Unit L. Mayor Low called for discussion and due to concerns expressed by Council, Director of Economic Development Martin suggested amending the Ordinance to specify only "unamplified music" be permitted excluding bands. Mr. Kevin Olson, representing the applicant informed Council they are willing to withdraw the request for live entertainment. City Attorney McArdle informed Mr. Olson that he could approach Council at a later date should entertainment be desired. Alderman Condon amended the Motion and seconded by Alderman Wimmer to approve an Ordinance allowing a tavern without live entertainment at 4005 Kane Avenue, Unit L; and an Ordinance granting a 55 space parking variance for REMAX Plaza Shopping Center with the condition there be no onsite food preparation at 4005 Kane Avenue, Unit L. Voting Aye: Santi, Schaefer, Condon, Mayor Low. Voting Nay: Glab, Curry, Wimmer. Absent: Peterson. Motion carried. CONDITIONED UPON APPROVAL OF AGENDA ITEM NO. 11; APPROVAL OF THE ISSUANCE OF A CLASS A LIQUOR LICENSE FOR CL QUICK STOP, INC. D/B/A LUCKY POKER LOCATED AT 4005 KANE AVENUE, UNIT L, AND ORDINANCE INCREASING THE NUMBER OF CLASS A LIQUOR LICENSE IN EFFECT FROM 24 TO 25 Mayor Low informed Council that Ms. Cindy Le, registered agent and President of CL Quick Stop, Inc., has submitted an application for a Class A liquor license authorizing the sale of alcoholic liquors for consumption on premises and retail sale of packaged liquors. Ms. Le intends to open a tavern with video gaming called Lucky Poker at 4005 Kane Avenue, Unit L, in the REMAX Shopping Center. Ms. Le currently owns and operates two similar businesses with liquor licenses in Belvidere, IL and is conversant with the Illinois Liquor Control regulations. Mayor Low stated that she has met with Ms. Le and a background check has been performed by McHenry Police, with satisfactory results. All required paperwork has been submitted and all fees have been paid. Motion by Condon, seconded by Schaefer to grant a Class A liquor license to CL Quick Stop, Inc., d/b/a Lucky Poker, at 4005 Kane Avenue, Unit L, with the condition that all Regular Meeting Page 8 June 15, 2015 employees involved in the sale and service of alcohol are certified in Beverage Alcohol Sellers and Servers Education and Training; and authorize the Mayor's execution of an Ordinance increasing the number of Class A liquor licenses from 24 to 25 in effect, as presented. Voting Aye: Schaefer, Wimmer, Condon, Mayor Low Voting Nay: Santi, Glab, Curry. Absent: Peterson. Motion carried. APPROVAL OF A BUDGET AMENDMENT, TRANSFERRING $192,321.47 FROM THE GENERAL FUND RESERVES TO THE CAPITAL IMPROVEMENTS FUND, FOR THE MCCULLOM LAKE ROAD IMPROVEMENT PROJECT City Administrator Morefield informed the Council that the McHenry County Council of Mayors awarded up to a maximum of $1,060,900 of Surface Transportation Program (STP) funds for McCullom Lake Road Improvements. STP funding will pay for up to 80% of the total cost of construction and Phases III engineering, with a local match requirement of 20%. City Administrator Morefield noted the City was responsible for 100% of the cost of Phase I and II engineering. The Council previously approved a Professional Services Agreement with HR Green, Inc., for Phase III engineering, in an amount not to exceed $129,826.66. In addition, the Public Highway At -Grade Crossing Improvement Agreement between Union Pacific Railroad and the City of McHenry approved by Council on February 2, 2015, calls for the City to reimburse the railroad for upgrades to the track crossing estimated at $75,000 (20% of the City's portion is $15,000). The approved 2015/2016 Capital Improvement Program includes $242,000 for the McCullom Lake Road Improvements Project with revenues from the Motor Fuel Tax Fund. City Administrator Morefield stated the total cost of the Project is $1,495,221.47, which includes Phase III engineering, construction and upgrades to the track crossing. The maximum STP funding for the Project is $1,060,000, leaving the total outstanding amount of $434,321.47. The Fiscal Year 2015/2016 CIP includes $242,000 of MFT funding for the Project, which reduces the outstanding balance to $192,321.47. Currently, there is insufficient funding available through the MFT program to fund the outstanding balance and be prepared to fund other MFT projects. The choice for the City is to utilize General Fund Reserves for the $192,323.47. City Administrator Morefield noted that rebidding the Project would likely not result in a lower bid amount; would delay the Project beyond this improvement year; and may result in the loss of the $1,060,900 in STP funds that are approved in this program year. Also, there are projects in other communities ready for funding in the STP program. General Fund Reserves, as of May 1, 2015, are $8,672,916. Of that amount, $3,733,992 represents 20% of the FY 2015/2016 budgeted General Fund Expenditures amount of $18,669,959 (without Capital Projects) and, pursuant to the City's policy, represents the minimum level of General Fund Reserves to be maintained. Therefore, there is approximately Regular Meeting Page 9 June 15, 2015 $4,938,924 in General Fund Reserves available to fund the $192,321.47 required for the McCullom Lake Road Project. MCCUIIom Lake Road is an important entranceway to the City of McHenry. It not only serves the commercial area along the Route 31/Richmond Road corridor, but also Petersen Farm and Petersen Park. As Council is aware, the current condition is extremely poor and McCullom Lake Road is one of the top streets the Staff has received resident and non-resident concerns about during the year. Delaying or choosing not to move forward with the McCollum Lake Road Project would result in continued and more severe degradation of the roadway. Motion by Schaefer, seconded by Wimmer, approving a budget amendment, in the amount of $192,321.47, from the General Fund Reserves to the Capital Improvement Fund, for the McCullom Lake Road Improvements Project, as presented. Voting Aye: Santi, Schaefer, Curry, Wimmer, Condon. Voting Nay: Glab. Absent: Peterson. Motion carried. APPROVAL OF THE MAYOR AND THE CITY CLERK'S EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC. FOR AN AMOUNT NOT TO EXCEED $25,974 FOR ENGINEERING DESIGN BIDDING AND CONSTRUCTION OBSERVATION FOR THE FIELDSTONE LIFT STATION REHABILITATION PROJECT AND AUTHORIZATION TO ADVERTISE FOR COMPETITIVE BIDS FOR THE PROJECT. City Administrator Morefield stated the approved 2015/2016 Capital Improvement Program includes $330,000 for the design/observation engineering and construction of the Fieldstone Lift Station Rehabilitation Project, with funding from Water/Sewer revenues and $100,000 from the Legend Lakes Surety Bond. HR Green, Inc. has submitted a Professional Services Agreement for design engineering and construction observation. The scope of work includes preparation of detailed contract plans, cost estimates, assistance in bid tabulation, bid aware recommendation, field inspections, and payment recommendations. The engineering services fee is an amount not to exceed $25,974.00. Motion by Santi, seconded by Wimmer, approving a Professional Services Agreement with HR Green, Inc., for an amount not to exceed $25,974.00 for engineering design, bidding and construction observation and authorization to publicly bid the Fieldstone Life Station Rehabilitation Project, as presented. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Regular Meeting Page 10 June 15, 2015 Motion carried. MAYOR STATEMENT AND REPORT Mayor Low informed Council that there was some confusion regarding the list of appointment for Council's consideration. The Standing Committees are by appointment of the Mayor and they were included in the list of appointment, in error, and presented at the Annual Meeting. Motion by Wimmer, seconded by Condon, approving the 2015/2016 appointments of Municipal Officers, as defined in the McHenry Municipal Code, as presented. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS Deputy City Administrator Hobson reported the Thursday, June 18, 2015 Summer Band Concert at 7:30 pm at Veterans Memorial Park will present a performance by Beatles Tribute Band Beatolution. Deputy City Administrator Hobson informed Council on Friday, June 18th, the movie Annie will be presented at Veterans Memorial Park at 6:00 pm for "Back to Family Outdoor th Movie Night." On Saturday, June 19, the annual McHenry Kiwanis Soapbox Derby will take place on Waukegan Road and the Miss McHenry Scholarship Pageant will take place beginning at 6:15 pm at the McHenry High School West Campus Auditorium. Sunday, June 28th from 10:00 am to 4:00 pm is the Landmark Commission's annual "A Day at Petersen Farm" event. Saturday, July 4, 2015, at Petersen Park the Jaycees Day Fireworks will be presented. Deputy City Administrator Hobson stated the gates open at 4:30 pm and musical entertainment begins at 5:00 pm. There s a $6.00 per vehicle fee charged for entrance to the park. Food and beverages will be offered in the park. A rain day is scheduled for Sunday, July 5ti, FUTURE AGENDA ITEMS Alderman Condon expressed concern about the consequences of denying the proposed Amendment to the Preserves of Boone Creek Annexation Agreement. Alderman Glab requested the dates of the meetings for the Public Works Committee. EXECUTIVE SESSION Regular Meeting Page 11 June 15, 2015 Motion by Wimmer, seconded by Schaefer, to adjourn to Executive Session to discuss Collective Negotiation Matters at 8:50 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Motion by Wimmer, seconded by Curry, to return to Open Session at 9:10 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Council returned to Open Session at 9:10 pm. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:11 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. The meeting was adjourned at 9:11 pm. Mayor City Clerk 100 100-04-5310 POSTMASTER MCHENRY IL 500 06/02/2015 100 100-33-5520 COMED 289.49 06/05/2015 100 100-01-5510 COMED 112.7 06/05/2015 100 10045-5510 COMED 43.93 06/05/2015 100 100-01-6110 HOME DEPOT CREDIT SERVICES 333,28 06/05/2015 100 1 00-33-61 10 HOME DEPOT CREDIT SERVICES 878.33 06/05/2015 100 10045-6110 HOME DEPOT CREDIT SERVICES 1326,57 06/05/2015 100 10045-6270 HOME DEPOT CREDIT SERVICES 299 06/05/2015 100 100-22-5310 UNITED PARCEL SERVICE 35,63 06/05/2015 100 100-01-5310 POSTMASTER MCHENRY IL 2367463 6/5/2015 100 10046-5110 AMERICA'S ACTION TERRITORY 432 06/09/2015 100 100-334510 CINTAS CORPORATION LOC 355 184.44 06/09/2015 100 100-33-6110 CINTAS CORPORATION LOC 355 107,36 06/09/2015 100 100-02-5330 SWIFT CO INC, JOHN S 399 06/09/2015 100 100-04-5310 POSTMASTER MCHENRY IL 2000 6/11/2015 100 10041-8800 AMERICAN SEALCOATING 17388 06/12/2015 100 100-224510 PETTIBONE & CO, P F 63 06/12/2015 100 100-224510 PETTIBONE & CO, P F 4945 06/12/2015 100 100-224510 PETTIBONE & CO, P F 37.95 06/12/2015 100 100-01-5320 VERIZON WIRELESS 227,47 06/12/2015 100 100-03-5320 VERIZON WIRELESS 112494 06/12/2015 100 100-22-5320 VERIZON WIRELESS 1239,38 06/12/2015 100 100-30-5320 VERIZON WIRELESS 34.06 06/12/2015 100 100-33-5320 VERIZON WIRELESS 142,29 06/12/2015 100 10041-5320 VERIZON WIRELESS 8.78 06/12/2015 100 10045-5320 VERIZON WIRELESS 34,06 06/12/2015 100 10046-5320 VERIZON WIRELESS 8.25 06/12/2015 100 10047-5320 VERIZON WIRELESS 9,43 06/12/2015 100 100-01-5110 BANKCARD PROCESSING CENTER 175.2 06/15/2015 100 100-01-5410 BANKCARD PROCESSING CENTER 334.5 06/15/2015 100 100-01-5420 BANKCARD PROCESSING CENTER 99518 06/15/2015 100 100-01-5430 BANKCARD PROCESSING CENTER 542,08 06/15/2015 100 100-01-5450 BANKCARD PROCESSING CENTER 45 06/15/2015 100 100-03-6210 BANKCARD PROCESSING CENTER 37.9 06/15/2015 100 100-22-5420 BANKCARD PROCESSING CENTER 78.4 06/15/2015 100 100-22-5430 BANKCARD PROCESSING CENTER 391 06/15/2015 100 1 00-22-61 10 BANKCARD PROCESSING CENTER 179,42 06/15/2015 100 1 00-22-621 0 BANKCARD PROCESSING CENTER 123.9 06/15/2015 100 1 00-33-61 10 BANKCARD PROCESSING CENTER 48,32 06/15/2015 100 10041-5110 BANKCARD PROCESSING CENTER 330 06/15/2015 100 10041-5430 BANKCARD PROCESSING CENTER 99 06/15/2015 100 10041-6110 BANKCARD PROCESSING CENTER 27.71 06/15/2015 100 10042-5430 BANKCARD PROCESSING CENTER 220 06/15/2015 100 10042-5430 BANKCARD PROCESSING CENTER 675 06/15/2015 100 10042-6110 BANKCARD PROCESSING CENTER 69.08 06/15/2015 100 10043-6110 BANKCARD PROCESSING CENTER 342,04 06/15/2015 100 10044-6110 BANKCARD PROCESSING CENTER 111.51 06/15/2015 100 10045-6110 BANKCARD PROCESSING CENTER 286,08 06/15/2015 100 10046-6110 BANKCARD PROCESSING CENTER 15.69 06/15/2015 100100-01-5320 AT&T 345,05 6/16/2015 100100-02-5320 AT&T 41.08 6/16/2015 100100-22-5320 AT&T 497.3 6/16/2015 100100-30-5320 AT&T 40095 6/16/2015 100100-33-5320 AT&T 123,38 6/16/2015 10010041-5320 AT&T 81.9 6/16/2015 10010042-5320 AT&T 41.3 6/16/2015 100100-43-5320 AT&T 41.08 6/16/2015 10010044-5320 AT&T 8149 6/16/2015 10010045-5320 AT&T 124,22 6/16/2015 100 1 00-22-5320 AT&T 73459 6/16/2015 10010043-5320 AT&T 74,69 6/16/2015 10010045-5320 AT&T 78.76 6/16/2015 100 10045-5510 CONSTELLATION NEWENERGY 20,46 6/16/2015 100 100-33-5520 CONSTELLATION NEWENERGY 8011 *47 6/16/2015 100 1 00-33-61 10 GONZALE, JESUS 413A 6/16/2015 100 10047-6920 MCH COUNTY DEPT OF HEALTH 45 6/16/2015 100 100-014220 NEIMO, CHERYL 600 6/16/2015 100 10044-6110 SAM'S CLUB 763.53 6/16/2015 100 100-33-5320 VERIZON WIRELESS 25,82 6/16/2015 100 100-014220 WINDY CITY WIZARD 600 6/16/2015 100 100-01-5110 UNITED PARCEL SERVICE 33,25 06/17/2015 100 1 00-22-51 10 UNITED PARCEL SERVICE 7.62 06/17/2015 100 10045-5110 UNITED PARCEL SERVICE 63,42 06/17/2015 100 100-01-5320 AT&T LONG DISTANCE 198,78 06/23/2015 100 100-22-5320 AT&T LONG DISTANCE 0.96 06/23/2015 100 100-33-5320 AT&T LONG DISTANCE 0.92 06/23/2015 100 10041-5320 AT&T LONG DISTANCE 0,41 06/23/2015 100 10045-5320 AT&T LONG DISTANCE 0.08 06/23/2015 100 10043-5320 AT&T 76,72 06/23/2015 100 100-014220 BRUNKALLA, MARTY 200 06/23/2015 100 10046-5110 BRUNSWICK ZONE XL-RANDALL ROAD 179.25 06/23/2015 100 100-33-5520 COMED 358.2 04/30/2015 100 100-014220 JONSSON, PETE 200 06/23/2015 100 100-014220 MILLER SR, EMMETT L 600 06/23/2015 100 100-014220 NIEMO, CHERYL 200 06/23/2015 100 100-33-5520 COMED 465.23 06/29/2015 100 1 00-33-5520 COMED 239,61 06/29/2015 100100-01-5510 COMED 90.21 06/29/2015 100 10045-5510 COMED 35.99 06/29/2015 100 100-22-3525 HOME DEPOT CREDIT SERVICES 437 06/29/2015 100 1 00-22-61 10 HOME DEPOT CREDIT SERVICES 44A 06/29/2015 100 1 00-33-61 10 HOME DEPOT CREDIT SERVICES 189,98 06/29/2015 100 10045-6110 HOME DEPOT CREDIT SERVICES 1095.55 06/29/2015 100 10045-6270 LEGALSHIELD 501,12 06/29/2015 200 200-00-5110 MCHENY COUNTY COVENTION & VISITORS BUREAU 12000 6/30/2015 205 205-00-6940 MCHENRY COUNTY FAIR ASSN 125 6/16/2015 210 210-00-5110 BEAUTOLUTION 1000 6/16/2015 210 210-00-5110 STOCKWOOD INC 1000 06/23/2015 215 215-00-6110 IADDA 1050 06/23/2015 400 400-00-8200 STUCKEY CONSTRUCTION 40805.1 06/12/2015 510 510-31-5510 COMED 43,43 06/05/2015 510 510-32-5510 COMED 322.97 06/05/2015 510 510-32-6110 HOME DEPOT CREDIT SERVICES 384,88 06/05/2015 510 510-324510 CINTAS CORPORATION LOC 355 471.1 06/09/2015 510 510-31-5320 VERIZON WIRELESS 68,32 06/12/2015 510 510-32-5320 VERIZON WIRELESS 25,21 06/12/2015 510 510-31-6110 BANKCARD PROCESSING CENTER 70,34 06/15/2015 510 510-31-5320 AT&T 245.99 6/16/2015 510 510-32-5320 AT&T 248,28 6/16/2015 510 510-32-5410 IRWA 98 6/16/2015 510 510-31-5320 VERIZON WIRELESS 126.42 6/16/2015 510 510-32-5320 VERIZON WIRELESS 25,82 6/16/2015 510 510-32-5110 UNITED PARCEL SERVICE 32,75 06/17/2015 510 510-32-5320 AT&T LONG DISTANCE 1,86 06/23/2015 510 510-31-5510 DIRECTOR OF ILLINOIS STATE POLICE 39,01 06/29/2015 510 510-32-5510 HOME DEPOT CREDIT SERVICES 547.19 06/29/2015 620 620- M110 SAYERS 620 620-00-5110 VERIZON WIRELESS 620 620- M320 VERIZON WIRELESS 620 620- M270 BANKCARD PROCESSING CENTER 620 620- M110 AT&T FUND 100 TOTAL FUND 200 TOTAL FUND 205 TOTAL FUND 210 TOTAL FUND 215 TOTAL FUND 400 TOTAL FUND 510 TOTAL FUND 620 0.1 06/12/2015 38.07 06/12/2015 42.85 06/12/2015 49.25 06/15/2015 64.95 6/16/2015 110062.55 51135.66 12000 125 2000 1050 40805.1 751,57 195.22 110062.55 McHenry, IL Expense Approval Register LIST OF BILLS 7-2045 Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: A G PLUMBING & HEATING INC A G PLUMBING & HEATING INC 100-42-5110 SERVICES ON POOL 2732 07/20/2015 695.00 VendorA G PLUMBING & HEATING INCTotal: 695000 Vendor: A -ABLE ALARM SERVICE INC A -ABLE ALARM SERVICE INC 100-01-5110 REPAIRS LOCK ON FILE CABINET 60690 07/20/2015 146450 Vendor A -ABLE ALARM SERVICE INC Total: 146950 Vendor: AALTO, SARAH M AALTO, SARAH M 100-46-5110 PARKS PROGRAM INSTRUCTOR 7/9/15 07/20/2015 315.00 Vendor AALTO, SARAH M Total: 315900 Vendor: ACE HARDWARE, WORKMAN'S ACE HARDWARE, BJORKMAN'S 100-01-6110 SUPPLIES 6/1/15-6/25/15 07/20/2015 5630 ACE HARDWARE, BJORKMAN'S 100-33-6110 SUPPLIES 6/1/15-6/25/15 07/20/2015 270.12 ACE HARDWARE, BJORKMAN'S 100-41-6110 SUPPLIES 6/1/15-6/25/15 07/20/2015 23,29 ACE HARDWARE, BJORKMAN'S 100-42-6110 SUPPLIES 6/1/15-6/25/15 07/20/2015 712,51 ACE HARDWARE, BJORKMAN'S 100-45-5370 SUPPLIES 6/1/15-6/25/15 07/20/2015 1.07 ACE HARDWARE, BJORKMAN'S 100-45-6110 SUPPLIES 6/1/15-6/25/15 07/20/2015 27201 ACE HARDWARE, BJORKMAN'S 510-31-6110 SUPPLIES 6/1/15-6/25/15A 07/20/2015 277,26 ACE HARDWARE, BJORKMAN'S 510-32-6110 SUPPLIES 6/1/15-6/25/15A 07/20/2015 427,80 Vendor ACE HARDWARE, BJORKMAN'S Total: 2,040.36 Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, RA 100-33-5370 VEHICLE REPAIRS 760083 07/20/2015 97.28 Vendor ADAMS ENTERPRISES INC, R A Total: 9718 Vendor: ADAMS STEEL SERVICE INC ADAMS STEEL SERVICE INC 100-33-5370 VEHICLE REPAIRS 326089 07/20/2015 15,00 ADAMS STEELSERVICE INC 100-33-6110 SUPPLIES MAY 15-16 07/20/2015 80,00 Vendor ADAMS STEEL SERVICE INC Total: 95.00 Vendor: AIRGAS SAFETY INC AIRGAS SAFETY INC 510-32-6110 SUPPLIES 9040835203 07/20/2015 245,15 Vendor AIRGAS SAFETY INC Total: 245.15 Vendor: ALTHOFF INDUSTRIES INC ALTHOFF INDUSTRIES INC 100-01-5110 REPAIRS AIR CONDITIONING S367572 07/20/2015 589,50 Vendor ALTHOFF INDUSTRIES INC Total: 589.50 Vendor: AMELIO, ROBERT AMELIO, ROBERT 100-47-5110 SOFTBALL UMPIRE FEES 6/22-7/3/15 07/20/2015 94,00 Vendor AMELIO, ROBERT Total: 94.00 Vendor: AQUA PURE ENTERPRISES INC AQUA PURE ENTERPRISES INC 100-42-6110 SUPPLIES 96490 07/20/2015 11547,15 Vendor AQUA PURE ENTERPRISES INC Total: 1,547.15 Vendor: ASSOCIATED TECHNICAL SERVICES LTD ASSOCIATED TECHNICAL 510-31-6110 SUPPLIES 26303 07/20/2015 41509,00 Vendor ASSOCIATED TECHNICAL SERVICES LTD Total: 4150900 Vendor: AT&T AT&T 100-22-5320 ALARM CIRCUITS 7/1/15-7/31/15 07/20/2015 9132 AT&T 100-33-5515 ALARM CIRCUITS 7/1/15-7/31/15 07/20/2015 77.97 AT&T 100-43-5320 ALARM CIRCUITS 7/1/15-7/31/15 07/20/2015 8438 AT&T 100-45-5320 ALARM CIRCUITS 7/1/15-7/31/15 07/20/2015 44.46 AT&T 100-46-5320 ALARM CIRCUITS 7/1/15-7/31/15 07/20/2015 44,46 AT&T 100-01-5320 CENTREX LINES 7/4/15-8/3/15 07/20/2015 373,07 AT&T 100-02-5320 CENTREX LINES 7/4/15-8/3/15 07/20/2015 43,89 AT&T 100-22-5320 CENTREX LINES 7/4/15-8/3/15 07/20/2015 532,02 AT&T 100-30-5320 CENTREX LINES 7/4/15-8/3/15 07/20/2015 43.90 7/15/2015 4:29:14 PM Expense Approval Register Vendor Name Account Number Description (Item) Payable Number AT&T 100-33-5320 CENTREX LINES 7/4/15-8/3/15 AT&T 100-41-5320 CENTREX LINES 7/4/15-8/3/15 AT&T 100-42-5320 CENTREX LINES 7/4/15-8/3/15 AT&T 100-43-5320 CENTREX LINES 7/4/15-8/3/15 AT&T 100-44-5320 CENTREX LINES 7/4/15-8/3/15 AT&T 100-45-5320 CENTREX LINES 7/4/15-8/3/15 AT&T 620-00-5110 CENTREX LINES 7/4/15-8/3/15 AT&T 510-31-5320 CENTREX LINES 7/4/15-8/3 AT&T 510-32-5320 CENTREX LINES 7/4/15-8/3 Vendor:AUTO TECH CENTERS INC AUTO TECH CENTERS INC 100-22-5370 Vendor: BAKER &SON CO, PETER BAKER & SON CO, PETER 100-33-6110 BAKER & SON CO, PETER 100-33-6110 Vendor: BARTOS, DONNA BARTOS, DONNA 100-47-5110 Vendor: BEHRNS, LESLIE BEHRNS, LESLIE 100-42-5110 BEHRNS, LESLIE 100-42-5430 BEHRNS, LESLIE 100-46-5110 Vendor: BIRK, ADRIANA BIRK, ADRIANA 100-22-4510 Vendor: BOXXTHIS INC BOXX THIS INC 100-44-6110 BOXX THIS INC 100-44-6110 Vendor: BS&A SOFTWARE BS&A SOFTWARE 450-00-8300 Vendor: BU55 FORD SALES BUSS FORD SALES 100-33-5370 Vendor: CHAPEL HILL FLORIST INC CHAPEL HILL FLORIST INC 205-00-6940 Vendor:CHEN,JENNY CHEN,JENNY Vendor: CLAUSING, ANDREA CLAUSING, ANDREA Vendor: COMCAST CABLE COMCAST CABLE COMCAST CABLE COMCAST CABLE COMCAST CABLE COMCAST CABLE Vendor: COMED COMED 100-41-3634 100-41-3636 620-00-5110 620-00-5110 620-00-5110 620-00-5110 620-00-5110 100-33-5520 VEHICLE REPAIRS MATERIALS MATERIALS PARKS &REC INSTRUCTOR PARKS & REC PROGRAM PARKS & REC PROGRAM PARKS & REC PROGRAM EMPLOYEE UNIFORM CONCESSIONS CONCESSION SUPPLIES CAPITAL EQUIP-CED VEHICLE REPAIRS FLORAL ARRANGEMENT PARKS &REC REFUND PARKS &REC REFUND INTERNET INTERNET CABLE TV CABLE TV CABLE TV/INTERNET UTILITIES 263716 Packet: APPKT00128 - CENTREX LINES Post Date 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 Vendor AT&T Total: 07/20/2015 Vendor AUTO TECH CENTERS INC Total: 35597 M B 07/20/2015 35688M B 07/20/2015 Vendor BAKER & SON CO, PETER Total: 5/27/15-7/1/15 07/20/2015 Vendor BARTOS, DONNA Total: 5/11-6/4/15 07/20/2015 5/11-6/4/15 07/20/2015 6/26-6/28/15 07/20/2015 Vendor BEHRNS, LESLIE Total: INV0000587 07/20/2015 Vendor BIRK, ADRIANA Total: Amount 132.71 87.80 44.10 43.94 87.80 132.21 64.95 263.55 267.00 2,459.53 918.16 918.16 326.70 106.92 433.62 65.00 65.00 425.00 42s.00 293.75 1,143.75 39.09 39.09 12132 07/20/2015 158.92 12176 07/20/2015 59.84 Vendor BOXX THIS INC Total: 218.76 097852 07/20/2015 18,597,50 Vendor BS&A SOFTWARE Total: 18,597.50 6025559/1 07/20/2015 455.67 Vendor BUSS FORD SALES Total: 455.67 005035 07/20/2015 59.95 Vendor CHAPEL HILL FLORIST INC Total: 59.95 125580 07/20/2015 111.00 Vendor CHEN, JENNYTotal: 111.00 125796 07/20/2015 58.00 Vendor CLAUSING, ANDREA Total: 58.00 15/-8/3/15 07/20/2015 162.85 15-8/3/15 07/20/2015 82.90 15-8/7/15 07/20/2015 29.46 INV0000640 07/20/2015 127.82 INV0000641 07/20/2015 110.94 Vendor COMCAST CABLE Total: 513.97 5/27/15-6/23/15A 07/20/2015 31.13 7/15/2015 4:29:14 PM Expense Approval Register Vendor Name Account Number Description (Item) Payable Number COMED 100-45-5510 UTILITIES 5/27/15-6/23/15A COMED 510-31-5510 PUMPING 5/27/15-6/26/15 COMED 510-32-5510 PUMPING 5/27/15-6/26/15 COMED 510-31-5510 UTILITIES 5/27-6/23/15A COMED 510-32-5510 UTILITIES 5/27-6/23/15A Packet: APPKT00128 - UTILITIES Post Date 07/20/2015 07/2 V2015 07/2 V2015 07/2 V2015 07/20/2015 Vendor COMED Total: Vendor: COMMUNICATIONS REVOLVING FUND COMMUNICATIONS 620-00-5110 COMMUNICATION CHARGES T1538819 07/20/2015 Vendor COMMUNICATIONS REVOLVING FUND Total Vendor: CONNEY SAFETY PRODUCTS CONNEY SAFETY PRODUCTS 100-41-6110 SUPPLIES O4960769 07/20/2015 CONNEY SAFETY PRODUCTS 100-42-6110 SUPPLIES O4960769 07/20/2015 Vendor CONNEY SAFETY PRODUCTS Total: Vendor: CONNOR CO CONNOR CO 100-45-6110 SUPPLIES s6567010.001 07/20/2015 CONNOR CO 100-45-6110 SUPPLY CREDIT S6581348.001 07/13/2015 Vendor CONNOR CO Total: Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY 100-33-5520 UTILTIES 5/26/15-6/23/15 07/20/2015 CONSTELLATION NEWENERGY 510-31-5510 PUMPING FEES 5/27-6/25/15 07/20/2015 CONSTELLATION NEWENERGY 510-32-5510 PUMPING FEES 5/27-6/25/15 07/20/2015 CONSTELLATION NEWENERGY 510-32-5510 UTILITIES 5/28/15-6/26/15 07/20/2015 CONSTELLATION NEWENERGY 100-33-5520 5/28/15-6/26/15 5/28-6/26/15 07/20/2015 CONSTELLATION NEWENERGY 100-44-5510 5/28/15-6/26/15 5/28-6/26/15 07/20/2015 CONSTELLATION NEWENERGY 100-45-5510 5/28/15-6/26/15 5/28-6/26/15 07/20/2015 CONSTELLATION NEWENERGY 100-45-5510 5/28/15-6/26/15 5/28-6/26/15 07/20/2015 CONSTELLATION NEWENERGY 100-46-5510 5/28/15-6/26/15 5/28-6/26/15 07/20/2015 CONSTELLATION NEWENERGY 100-33-5520 UTILITES 5/26/15-6/23/15A 07/20/2015 Vendor CONSTELLATION NEWENERGY INC Total: Vendor: COUNTRYSIDE FLOWER SHOP &NURSERY COUNTRYSIDE FLOWER SHOP 510-35-6110 SUPPLIES 6/8/15-6/15/15 07/20/2015 Vendor COUNTRYSIDE FLOWER SHOP & NURSERY Total: Vendor: COUNTY CLERKS OFFICE COUNTY CLERKS OFFICE 100-01-6940 LEIBACH NOTARY INV0000588 07/20/2015 Vendor COUNTY CLERKS OFFICE Total: Vendor: CUMMINS NPOWER LLC CUMMINS NPOWER LLC 510-32-5380 REPAIRS EQUIPMT 805-83179 07/20/2015 Vendor CUMMINS NPOWER LLC Total: Vendor: CURRAN MATERIALS COMPANY CURRAN MATERIALS 100-33-6110 MATERIALS 9494 07/20/2015 CURRAN MATERIALS 100-33-6110 MATERIALS 9555 07/20/2015 Vendor CURRAN MATERIALS COMPANYTotal: Vendor: CUTTING EDGE COMMUNICATIONS INC CUTTING EDGE 100-01-5110 Vendor: D'ANGELO NATURAL SPRING D'ANGELONATURALSPRING 510-32-6110 Vendor: DELL MARKETING LP DELL MARKETING LP 620-00-8300 DELL MARKETING LP 620-00-8300 DELL MARKETING LP 620-00-8300 DELL MARKETING LP 620-00-8300 DELL MARKETING LP 620-00-8300 DELL MARKETING LP 620-00-8300 CONTRACTUALSERVICES-FOB 4597 07/20/2015 Vendor CUTTING EDGE COMMUNICATIONS INC Total: SUPPLIES 6/8/1S-6/22/15 07/20/201S Vendor D'ANGELO NATURAL SPRING Total: COMPUTER EQUIP XJP579F84 COMPUTER EQUIP XJP65WJK1 COMPUTER EQUIP XJP6FP353 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 Vendor DELL MARKETING LP Total: Amount 1.45 707.55 3,915.66 655.07 547.19 5,858.05 10.00 10.00 128.30 10.24 138.54 269.25 -245.89 23.36 2,311.79 10,223.71 23,061.84 43.17 20,390.48 1,001e05 404.50 58.59 29.33 1,177.80 58,702.26 699.63 699.63 70.00 30.00 100.00 92.50 92.50 40.75 40.75 1,612.78 25,862.02 22,455.01 4,134.95 111.20 162.45 54,338.41 7/15/2015 4:29:14 PM Expense Approval Register Vendor Name Account Number Vendor: DIXON ENGINEERING INC DIXON ENGINEERING INC 740-00-5220 Vendor: DOCUMENT IMAGING DIMENSIONS INC DOCUMENT IMAGING 620-00-6210 DOCUMENT IMAGING 620-00-6210 Vendor: DRYDON EQUIPMENT INC DRYDON EQUIPMENT INC 510-32-6110 Vendor: DURA WAX COMPANY INC, THE DURA WAX COMPANY INC, THE 100-01-6110 Vendor: DURHAM SCHOOL SERVICES DURHAM SCHOOL SERVICES 100-46-5110 Vendor: ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP ED'S AUTOMOTIVE/JIM'S 100-33-5370 Vendor: EJ USA INC EJ USA INC 100-33-6110 Vendor: ELGIN RECYCLING ELGIN RECYCLING 100-33-5110 Vendor: ELLIOTT, JILL ELLIOTT, JILL 100-41-3634 Vendor: ERB, STEPHANIE ERB, STEPHANIE 100-22-4510 Vendor:FASTENAL FASTENAL 100-45-6110 Vendor: FEDERAL SIGNAL CORPORATION FEDERALSIGNAL 100-22-5370 Vendor: FGM ARCHITECTS FGM ARCHITECTS 400-00-8200 FGM ARCHITECTS 440-00-8200 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 100-33-6110 FISCHER BROS FRESH 100-33-6110 FISCHER BROS FRESH 100-33-6110 Vendor: FOX VALLEY FIRE &SAFETY FOX VALLEY FIRE &SAFETY 225-00-5110 FOX VALLEY FIRE 8e SAFETY 225-00-5110 Vendor: GALLS LLC GALLS LLC 100-22-4510 Vendor: GESKE AND SONS INC GESKE AND SONS INC 100-33-6110 Packet: APPKT00128 - RETAINED PERSONNEL Description (Item) Payable Number Post Date Amount RETAINED PERSONNEL 15-9237 07/20/2015 1,900.00 Vendor DIXON ENGINEERING INC Total: 1,900.00 SUPPLIES 263353 07/20/2015 98.00 SUPPLIES 269761 07/20/2015 258.00 Vendor DOCUMENT IMAGING DIMENSIONS INCTotal: 356.00 SUPPLIES 24615 07/20/2015 69.77 Vendor DRYDON EQUIPMENT INC Total: 69.77 SUPPLIES 378316 07/20/2015 121.60 Vendor DURA WAX COMPANY INC, THE Total: 121.60 DAY CAMP TRIP 2 91204036 07/20/2015 256.00 Vendor DURHAM SCHOOL SERVICES Total: 256.00 VEHICLE REPAIRS SUPPLIES RECYCLING FEES PARKS & REC REFUND EMPLOYEE UNIFORM SUPPLIES LIGHT REPAIRS 6/30/15 07/20/2015 Vendor ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP Total: 3834095 25737 125552 INV0000589 ILMCH14431 6057255 MCHENRY REC CENTER 14-1800.01-11 MUNCIPALCENTERRECEPTION 15-2031.01-2 07/20/2015 Vendor EJ USA INC Total: 07/20/2015 Vendor ELGIN RECYCLING Total: 07/20/2015 Vendor ELLIOTT, JILL Total: 07/20/2015 Vendor ERB, STEPHANIE Total: 07/20/2015 VendorFASTENALTotal: 07/20/2015 Vendor FEDERAL SIGNAL CORPORATION Total 07/20/2015 07/20/2015 Vendor FGM ARCHITECTS Total: SUPPLIES 5143 07/20/2015 SUPPLIES 5149 07/20/2015 SUPPLIES 5195 07/20/2015 Vendor FISCHER BROS FRESH Total: RADIO MAINTENANCE 912113 07/20/2015 MONTHLY MAINT FEES 918743 07/20/2015 Vendor FOX VALLEY FIRE &SAFETY Total EMPLOYEE UNIFORM ALLOW 003702774 SUPPLIES 31640 07/20/2015 Vendor GALLS LLC Total: 07/20/2015 182.00 209.56 209.56 2,996.96 2,996.96 53.00 53.00 162.89 162.89 56.06 56.06 138A8 138.18 5,744.00 8,000.00 13,744.00 646.75 471.00 673.75 1,791.50 806.00 1,059.50 1,865.50 202.44 202.44 165.36 7/15/2015 4:29:14 PM Expense Approval Register Vendor Name Account Number 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 GESKE AND SONS INC 100-33-6110 GESKE AND SONS INC 100-33-6110 GESKE AND SONS INC 100-33-6110 Vendor: GOLD MEDAL PRODUCTS GOLD MEDAL PRODUCTS 100-44-6110 Vendor: GONE VIRAL LLC GONE VIRAL LLC 100-22-5110 GONE VIRAL LLC 100-22-8300 Vendor: GOODMARK NURSERIES LLC GOODMARK NURSERIES LLC 100-41-6950 Vendor: GOVERNMENT FINANCE OFFICERS ASSOCIATION GOVERNMENT FINANCE 100-04-5410 Vendor:GRAINGER GRAINGER 100-41-5370 Vendor: GREVE, CODY GREVE, CODY 100-47-5110 Vendor: GROVES,SANDRA GROVES, SANDRA 100-47-5110 Vendor: HALOGEN SUPPLY COMPANY HALOGEN SUPPLY COMPANY 100-42-6110 Vendor: HARM'S FARM HARM'S FARM HARM'S FARM HARM'S FARM Vendor: HAWKINS INC HAWKINS INC HAWKINS INC HAWKINS INC HAWKINS INC 100-01-4220 100-45-6110 100-45-6110 510-31-6110 510-32-6110 510-31-6110 510-31-6110 Vendor: HOMESTEAD ELECTRICAL CONTRACTING LLC HOMESTEAD ELECTRICAL 510-32-6110 Vendor: HOPP, SHELLY HOPP, SHELLY 100-22-6210 Vendor: HP SHOOTING CENTER INC HP SHOOTING CENTER INC 100-22-5110 Description (Item) SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES CONCESSION SUPPLIES MOBILE APP MOBILE APP MEMBERSHIP #300151751 SWITCH -REPAIRS SOFTBALL UMPIRE FEES PARKS & REC PROGRAM SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES RANGE RENTALJUNE 2015 Payable Number 31774 31844 31868 31890 31905 31924 31943 31957 31979 321822 292110 Packet: APPKT00128 -SUPPLIES Post Date 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 Vendor GESKE AND SONS INC Total: 07/20/2015 Vendor GOLD MEDAL PRODUCTS Total: Amount 200.20 260.00 604.76 266.24 767.34 692.64 612.04 1,014.00 522.60 428.48 5,533.66 316.74 316.74 1038 07/20/2015 600.00 1038 07/20/2015 795.00 Vendor GONE VIRAL LLC Total: 1,395.00 IN00014520 07/20/2015 162.00 Vendor GOODMARK NURSERIES LLC Total: 162.00 ovs7oz o7/zo/zols 22s.00 Vendor GOVERNMENT FINANCE OFFICERS ASSOCIATION Total: 225.00 18069 07/20/2015 37.67 Vendor GRAINGER Total: 37.67 6/22-7/3/15 07/20/2015 184.00 Vendor GREVE, CODY Total: 184.00 INV0000590 07/20/2015 240.00 Vendor GROVES, SANDRA Total: 240.00 00471585 07/20/2015 449.09 Vendor HALOGEN SUPPLY COMPANY Total: 449.09 22307 07/20/2015 39.95 22369 07/20/2015 83.94 22370 07/20/2015 59.92 Vendor HARM'S FARM Total: 183.81 372519ORI 07/20/2015 910.20 3743668RI 07/20/2015 858.40 376415RI 07/20/2015 21686.51 3747414RI 07/20/2015 648.99 Vendor HAWKINS INC Total: 5,104.10 10811 07/20/2015 508.00 Vendor HOMESTEAD ELECTRICAL CONTRACTING LLC Total: 508.00 INV0000639 07/20/2015 10.00 Vendor HOPP, SHELLYTotal: 10.00 MPD0615 07/20/2015 220.00 Vendor HP SHOOTING CENTER INC Total: 220.00 7/15/2015 4:29:14 PM Expense Approval Register Vendor Name Account Number Vendor: HRGREEN HRGREEN 400-00-8200 HRGREEN 740-00-5220 HRGREEN 740-00-5220 HRGREEN 740-00-5220 HRGREEN 740-00-5220 HRGREEN 510-31-5110 HRGREEN 510-32-5110 HRGREEN 510-35-5110 HRGREEN 440-00-8600 HRGREEN 270-00-8600 HRGREEN 440-00-8600 HRGREEN 440-00-8900 Vendor: HYDRA -STOP INC HYDRA -STOP INC 510-35-6110 Vendor: HYDRAULIC SERVICES AND REPAIRS INC HYDRAULIC SERVICES AND 100-45-5370 Vendor: ILLINOIS AUDIO PRODUCTIONS ILLINOIS AUDIO PRODUCTIONS 620-00-5110 Vendor: ILLINOIS EPA ILLINOIS EPA 510 32-5110 ILLINOIS EPA 510-32-5110 Vendor: INTERSTATE ALL BATTERY CENTER INTERSTATE ALLBATTERY 510-31-6110 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 100-33-5370 INTERSTATE BILLING SERVICE 510-32-5370 INTERSTATE BILLING SERVICE 100-33-5370 INTERSTATE BILLING SERVICE 510-35-5370 INTERSTATE BILLING SERVICE 510-35-5370 INTERSTATE BILLING SERVICE 510-35-5370 INTERSTATE BILLING SERVICE 510-32-5370 Vendor: IT'S RACE TIME INC IT'S RACE TIME INC 100-47-6920 Vendor: J G UNIFORMS INC J G UNIFORMS INC 100-22-4510 J G UNIFORMS INC 100-22-4510 Vendor:lPMORGAN CHASE BANK NA JPMORGAN CHASE BANK NA 100-22-5110 JPMORGAN CHASE BANK NA 100-22-5110 Vendor: KARKI, STEVE KARKI, STEVE 100-47-5110 Vendor: LANG-CADILLAC-BUICK-GMC INC, GARY LANG-CADILLAC-BUICK-GMC 510-31-5370 Description (Item) MCHENRY REC CENTER VA CLINIC RETAINED PERSONNEL 740005220 RETAINED PERSONNEL 2015 GENERAL CONSULT 2015 GENERAL CONSULT 2015 GENERAL CONSULT KNOX DRIVE BULL VALLEY RD/CURRAN RD STREET PROGRAM TRAFFIC LIGHT SUPPLIES VEHICLE REPAIRS Payable Number 92514 98909 98910 98911 98912 98913 98913 98913 3 99061 86130375 86150171 86150172 26678 Packet: APPKT00128 - MCHENRY REC CENTER Post Date Amount 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 07/20/2015 Vendor HRGREEN Total: 07/20/2015 Vendor HYDRA -STOP INC Total: 301405 07/20/2015 Vendor HYDRAULIC SERVICES AND REPAIRS INC Total: 20,400.00 365.75 241.50 2,905.00 1,305.25 154.00 154.00 341.25 6,709455 8,146e80 1,146.25 1,387.75 43,257.30 1,940.00 1,940.00 8.81 8.81 MESSAGE ON HOLD-QRTLY 100828 07/20/2015 135.00 Vendor ILLINOIS AUDIO PRODUCTIONS Total: 135.00 FY16 BILLING ILR006227(A) 07/20/2015 500.00 FY16 BILLING 1R006228(A) 07/20/2015 500.00 Vendor ILLINOIS EPA Total: 1,000.00 SUPPLIES 51750 07/20/2015 88.50 Vendor INTERSTATE ALL BATTERY CENTER Total: 88.50 VEHICLE REPAIRS 98231898 07/20/2015 173.03 VEHICLE REPAIRS 98337301 07/20/2015 178.77 VEHICLE REPAIRS 98416865 07/20/2015 289.99 VEHICLE REPAIRS 98517595 07/20/2015 934.41 VEHICLE REPAIRS 98532174 07/20/2015 186.38 VEHICLE REPAIRS 98603398 07/20/2015 98.58 VEHICLE REPAIRS 98664802 07/20/2015 475.80 Vendor INTERSTATE BILLING SERVICE INC Total: 20336.96 MCHENRY RIVER RUN 20150711 07/20/2015 1,382.05 Vendor IT'S RACE TIME INC Total: 1,382.05 EMPLOYEE UNIFORM ALLOW 37460 07/20/2015 128.25 EMPLOYEE UNIFORM ALLOW 37465 07/20/2015 94.50 Vendor G UNIFORMS INC Total: 222.75 SUBPOENA RESPONSE 14- INV0000591 07/20/2015 16.14 SUBPOENA FEES 15-5434 CASE SB643341-12 07/20/2015 15.02 Vendor JPMORGAN CHASE BANK NA Total: 31.16 PARKS &REC PROGRAM 6/1/15-6/29/15 07/20/2015 98.00 Vendor KARKI, STEVE Total: 98.00 VEHICLE REPAIRS 118671 07/20/2015 117.65 Vendor LANG-CADILLAC-BUICK-GMC INC, GARY Total: 117.65 7/15/2015 4:29:14 PM Expense Approval Register Packet: APPKT00128 - PARKS & REC REFUND Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: LEVATO, BECKY LEVATO, BECKY 100-41-3637 PARKS & REC REFUND 125526 07/20/2015 60.00 Vendor LEVATO, BECKY Total: 60.00 Vendor: LEXISNEXIS LEXISNEXIS 100-22-5110 PHONE SEARCH FEES 20150630 07/20/2015 118.00 Vendor LEXISNEXIS Total: 118.00 Vendor: MANEVAL CONSTRUCTION CO INC MANEVALCONSTRUCTION CO 440-00-8600 KNOX DRIVE 21504 07/20/2015 132,698.41 Vendor MANEVAL CONSTRUCTION CO INC Total: 132,698.41 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 100-33-6110 SUPPLIES 03184687 07/20/2015 299.20 MCCANN INDUSTRIES INC 100-33-5370 VEHICLE REPAIRS 1103747 07/20/2015 51.19 MCCANN INDUSTRIES INC 100-33-5370 VEHICLE REPAIRS 11037680 07/20/2015 137.02 MCCANN INDUSTRIES INC 100-33-5370 VEHICLE REPAIRS 11099079-1 07/20/2015 81.02 Vendor MCCANN INDUSTRIES INC Total: 568.43 Vendor: MCH CTy MUNICIPAL RISK MGMT AGENCY MCH CTY MUNICIPAL RISK 610-00-5960 REIMB CLAIM #15849E720326 INV0000592 07/20/2015 11749.45 Vendor MCH CIY MUNICIPAL RISK MGMT AGENCY Total: 11749AS Vendor: MCHENRY ANALYTICAL WATER LABORATORY INC MCHENRY ANALYTICAL WATER 510-31-5110 FLUORIDE SAMPLES 317843 07/20/2015 60.00 MCHENRY ANALYTICAL WATER 510-32-6110 NITROGEN SAMPLES 317874 07/20/2015 60.00 MCHENRY ANALYTICAL WATER 510-32-6110 NITROGEN SAMPLES 317875 07/20/2015 60.00 MCHENRY ANALYTICAL WATER 510-31-5110 VOC, SOC, IOC SAMPLES 317904 07/20/2015 11005.00 MCHENRY ANALYTICAL WATER 510-31-5110 RADIUM SAMPLES 317949 07/20/2015 405.00 Vendor MCHENRY ANALYTICAL WATER LABORATORY INC Total: 1,590.00 Vendor: MCHENRY COUNTY DIV OF TRANSPORTATION MCHENRY COUNTY DIV OF 100-01-5110 MCRIDE SHARE-JUNE 2015 2-4 07/20/2015 31027.50 Vendor MCHENRY COUNTY DIV OF TRANSPORTATION Total: 31027.50 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER 100-01-6940 RECORDING FEES JUNE 2015 07/20/2015 126.50 MCHENRY COUNTY RECORDER 740-00-6960 RECORDING FEES JUNE 2015 07/20/2015 247.00 MCHENRY COUNTY RECORDER 510-31-6940 RECORDING FEES JUNE 2015A 07/20/2015 100.00 MCHENRY COUNTY RECORDER 510-32-6940 RECORDING FEES JUNE 2015A 07/20/2015 100.00 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: 573.50 Vendor: MCHENRY SCHOOLS TRANSPORTATION DEPT MCHENRY SCHOOLS 100-42-5110 PARKS & REC-MARLINS TRIP 6/23/15 07/20/2015 308.67 Vendor MCHENRY SCHOOLS TRANSPORTATION DEPT Total: 308.67 Vendor: MCHENRY SPECIALTIES MCHENRY SPECIALTIES 205-00-6940 SUPPLIES 2015-501 07/20/2015 126.00 MCHENRY SPECIALTIES 100-02-6940 SUPPLIES 2015-544 07/22/2015 28.00 Vendor MCHENRY SPECIALTIES Total: 154.00 Vendor: MCHENRY TOWNSHIP FIRE PROTECTION DIST MCHENRY TOWNSHIP FIRE 225-00-5110 FY14-15 PORTION ALARM BD INV0000593 07/20/2015 401636.72 Vendor MCHENRY TOWNSHIP FIRE PROTECTION DISTTotal: 4%636.72 Vendor: MEADE INC MEADE INC 610-00-5980 TRAFFIC SIGNAL REPAIR 669569 07/20/2015 11544.88 Vendor MEADE INC Total: 11544.88 Vendor: METRO DOOR AND DOCK INC METRO DOOR AND DOCK INC 510-32-6110 SUPPLIES 50646 07/20/2015 428.35 METRO DOOR AND DOCK INC 510-32-6110 SUPPLIES 50731 07/20/2015 225.00 Vendor METRO DOOR AND DOCK INC Total: 653.35 Vendor: METROPOLITAN INDUSTRIES METROPOLITAN INDUSTRIES 510-32-5380 RIVER LIFT REPAIRS 0000298549 07/20/2015 11453,15 Vendor METROPOLITAN INDUSTRIES Total: 1,453.15 7/15/2015 4:29:14 PM Expense Approval Register Packet: APPKT00128 - PARKS & REC REFUND Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: MEUTE, NICOLE MEUTE, NICOLE 100-41-3637 PARKS & REC REFUND 125684 07/20/2015 24.00 Vendor MEUTE, NICOLE Total: 24.00 Vendor: MEYER MATERIAL COMPANY MEYER MATERIAL COMPANY 510-35-6110 MATERIALS 705595847 07/20/2015 91.35 MEYER MATERIAL COMPANY 510-35-6110 MATERIALS 705595848 07/20/2015 90.30 MEYER MATERIAL COMPANY 510-35-6110 MATERIALS 705629995 07/20/2015 97.65 MEYER MATERIAL COMPANY 510-35-6110 MATERIALS 705669266 07/20/2015 140.00 Vendor MEYER MATERIAL COMPANY Total: 419.30 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 100-33-6110 SUPPLIES 162921W 07/20/2015 11002,28 MID AMERICAN WATER OF 510-35-6110 SUPPLIES 163631W 07/20/2015 214.50 MID AMERICAN WATER OF 510-32-5375 EQUIP REPAIRS 163875W 07/20/2015 596.00 MID AMERICAN WATER OF 510-32-5375 EQUIP REPAIRS 164331W 07/20/2015 1,073.00 MID AMERICAN WATER OF 510-35-6110 SUPPLIES 164475W 07/20/2015 21218.00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 5,103.78 Vendor: MIDCO MIDCO 620-00-5320 SERVICE CALL -HEADSET 295352 07/20/2015 50.00 MIDCO 620-00-5320 CHANGE OUT MAILBOX & 295444 07/20/2015 206.25 Vendor MIDCO Total: 256.25 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS 100-33-5370 VEHICLE REPAIRS M14366 07/20/2015 7.50 Vendor MIDWEST HOSE AND FITTINGS INC Total: 7.50 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 2O5-00-6940 SUPPLIES 84041 07/20/2015 95.72 MINUTEMAN PRESS OF MCH 2O5-00-6940 PROGRAMS -SUPPLIES 84077 07/20/2015 934.20 Vendor MINUTEMAN PRESS OF MCH Total: 1,029.92 Vendor: MNJ TECHNOLOGIES DIRECT INC MNJ TECHNOLOGIES DIRECT 620-00-6270 SUPPLIES 0003402906 07/20/2015 133.34 MNJ TECHNOLOGIES DIRECT 620-00-6270 SUPPLIES 0003402786 07/20/2015 151.77 Vendor MNJ TECHNOLOGIES DIRECT INC Total: 285.11 Vendor: MOORE, KEVIN MOORE, KEVIN 100-47-5110 SOFTBALL UMPIRE FEES 6/22/15-7/3/15 07/20/2015 76.50 Vendor MOORE, KEVIN Total: 76.50 Vendor: MOTOROLA SOLUTIONS - STARCOM21 NETWORK MOTOROLA SOLUTIONS - 100-22-6270 SUPPLIES 13070504 07/20/2015 31691.50 MOTOROLA SOLUTIONS - 100-22-6270 SUPPLIES 1307053 07/20/2015 21001,00 MOTOROLA SOLUTIONS - 100-22-5320 STARCOM 21 NETWORD 184364302015 07/20/2015 21146,00 MOTOROLA SOLUTIONS - 100-22-6210 SUPPLIES 91861931 07/20/2015 760.50 MOTOROLASOLUTIONS- 100-22-6270 SUPPLIES 91861931 07/20/2015 341.55 Vendor MOTOROLA SOLUTIONS - STARCOM21 NETWORK Total: 8/940455 Vendor: MULCH CENTER, THE MULCH CENTER, THE 100-45-6110 SUPPLIES 4665 07/20/2015 68.00 Vendor MULCH CENTER, THE Total: 68.00 Vendor: NAPA AUTO PARTS MPEC NAPA AUTO PARTS MPEC 510-31-5370 SUPPLIES INV0000638 07/20/2015 102.46 NAPA AUTO PARTS MPEC 510-32-5370 SUPPLIES INV0000638 07/20/2015 613.75 NAPA AUTO PARTS MPEC 510-32-6110 SUPPLIES INV0000638 07/20/2015 14.43 NAPA AUTO PARTS MPEC 510-35-5370 SUPPLIES INV0000638 07/20/2015 114.26 NAPA AUTO PARTS MPEC 100-03-5370 SUPPLIES JUNE 2015 07/20/2015 39.49 NAPA AUTO PARTS MPEC 100-22-5370 SUPPLIES JUNE 2015 07/20/2015 11390,51 NAPA AUTO PARTS MPEC 100-33-5370 SUPPLIES JUNE 2015 07/20/2015 475.82 NAPA AUTO PARTS MPEC 100-41-5370 SUPPLIES JUNE 2015 07/20/2015 WAS NAPA AUTO PARTS MPEC 100-45-5370 SUPPLIES JUNE 2015 07/20/2015 9.53 Vendor NAPA AUTO PARTS MPEC Total: 2,790.40 7/15/2015 4:29:14 PM Expense Approval Register Vendor Name Account Number Vendor: NCL OF WISCONSIN INC NCL OF WISCONSIN INC 510-32-6110 Vendor: NICOLINE, SARA NICOLINE, SARA Vendor: NICOR GAS NICOR GAS NICOR GAS NICOR GAS NICOR GAS NICOR GAS NICOR GAS NICOR GAS 100-41-3637 100-42-5510 100-45-5510 510-31-5510 510-32-5510 100-45-5510 510-31-5510 510-32-5510 Vendor: NORTHEASTERN IL REGIONAL CRIME LAB NORTHEASTERN IL REGIONAL 100-22-5110 Vendor: NORTHERN TOOL &EQUIPMENT NORTHERN TOOL & 510-32-6110 Vendor: OLDCASTLE ARCHITECTURAL OLDCASTLEARCH ITECTURAL 100-33-6110 Vendor: OTTOSEN BRITZ KELLY COOPER &GILBERT LTD OTTOSEN BRITZ KELLY COOPER 100-01-5230 Vendor: OWSLEY, MIKE OWSLEYI MIKE Vendor: PETERSON, DWAYNE PETERSON, DWAYNE Vendor: PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC 100-33-4510 100-47-5110 100-22-6250 100-33-6250 100-22-6250 510-32-6250 510-31-6250 510-35-6250 100-45-6250 100-33-6250 100-22-6250 100-45-6250 510-32-6250 510-35-6250 100-45-6250 100-22-6250 510-31-6250 510-31-6250 100-45-6250 100-33-6250 100-45-6250 100-33-6250 Description (Item) SUPPLIES PARKS & REC REFUND UTILITIES UTILITIES UTILTIES UTILTIES UTILITIES UTILITIES UTILITIES Payable Number 357786 125581 5/19/15-6/18/15 5/19/15-6/18/15 5/19-6/18/15 5/19-6/18/15 5/20/15-6/19/15 5/20-6/19/15 5/20-6/19/15 Packet: APPKT00128 -SUPPLIES Post Date 07/20/2015 Vendor NCL OF WISCONSIN INC Total: 07/20/2015 Vendor NICOLINE, SARA Total: 07/20/2015 07/2 V2015 07/2 V2015 07/2 V2015 07/2 V2015 07/2 V2015 07/2 V2015 Vendor NICOR GAS Total: FY15-16 MEMBERSHIP 920 07/20/2015 Vendor NORTHEASTERN IL REGIONAL CRIME LAB Total: SUPPLIES 1611006969 07/20/2015 Vendor NORTHERN TOOL & EQUIPMENT Total: SUPPLIES 670024070 07/20/2015 Vendor OLDCASTLE ARCHITECTURAL Total: LEGAL FEES JUNE 2015 79946 07/20/2015 Vendor OTTOSEN BRITZ KELLY COOPER &GILBERT L7D Total: EMPLOYEE CLOTHING ALLOW INV0000594 07/20/2015 Vendor OWSLEY, MIKE Total: SOFTBALL UMPIRE FEES 6/22/15-7/3/15 07/20/2015 Vendor PETERSON, DWAYNE Total: VEHICLE FUEL 9641184 07/20/2015 VEHICLE FUEL 9643117 07/20/2015 VEHICLE FUEL 9643118 07/20/2015 VEHICLE FUEL 9646140 07/20/2015 VEHICLE FUEL 9646141 07/20/2015 VEHICLE FUEL 9646141 07/20/2015 VEHICLE FUEL 9646142 07/20/2015 VEHICLE FUEL 9646143 07/20/2015 VEHICLE FUEL 9646144 07/20/2015 VEHICLE FUEL 9649166 07/20/2015 VEHICLE FUEL 9649180 07/20/2015 VEHICLE FUEL 9649180 07/20/2015 VEHICLE FUEL 9649182 07/20/2015 VEHICLE FUEL 9649184 07/20/2015 VEHICLE FUEL 964918 07/20/2015 VEHICLE FUEL 9649847 07/20/2015 VEHICLE FUEL 9649848 07/20/2015 VEHICLE FUEL 9649849 07/20/2015 VEHICLE FUEL 9651904 07/20/2015 VEHICLE FUEL 9651905 07/20/2015 Vendor PETROLIANCE LLC Total: 279.23 279.23 1,033.40 42.08 728.20 424.93 132.58 134.95 20.40 2,516.54 38,629.00 38,629.00 260.88 260.88 161.28 161.28 1,700.00 1,700.00 315.00 315.00 161.00 3,228.38 672.55 1,898.68 352.27 96.82 151.59 762.45 612.14 2,332.62 99.53 318.30 156.85 429.09 2,493.25 297.21 25.10 204.73 121.33 377.80 235.50 14,866.19 7/15/2015 4:29:14 PM Expense Approval Register Packet: APPKT00128 - EMPLOYEE UNIFORM ALLOW Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 100-22-4510 EMPLOYEE UNIFORM ALLOW 33496 07/20/2015 68.00 Vendor PETTIBONE & CO, P F Total: 68.00 Vendor: PITEL SEPTIC INC PITEL SEPTIC INC 100-45-5110 6/1/15-7/1/15 PORTABLE 11674 07/20/2015 750.00 PITEL SEPTIC INC 100-45-5110 6/28/15 PORTABLE TOILET 11701 07/20/2015 325.00 PITEL SEPTIC INC 100-45-5110 7/4/15 PORTABLE TOILET 11776 07/20/2015 11625.00 Vendor PITEL SEPTIC INC Total: 2,700.00 Vendor: PORTER LEE CORPORATION PORTER LEE CORPORATION 100-22-6210 SUPPLIES 15980 07/20/2015 146.00 Vendor PORTER LEE CORPORATION Total: 146.00 Vendor: POSTMASTER MCHENRY IL POSTMASTER MCHENRY IL 100-46-5310 2015 FALL PROGRAM BROCH INV0000601 07/20/2015 375.00 POSTMASTER MCHENRY IL 100-47-5310 2015 FALL PROGRAM BROCH INV0000601 07/20/2015 375.00 Vendor POSTMASTER MCHENRY IL Total: 750.00 Vendor: PRO PLAYER CONSULTANTS INC PRO PLAYER CONSULTANTS 100-47-5110 PARKS & REC PROGRAM JULY 13 2015 07/20/2015 1/080000 Vendor PRO PLAYER CONSULTANTS INC Total: 1,080.00 Vendor: PSP-BROOKFIELD PSP-BROOKFIELD 100-22-5370 VEHICLE REPAIRS 311VO17952 07/20/2015 71.74 PSP-BROOKFIELD 100-22-5370 VEHICLE REPAIRS 311VOI7953 07/20/2015 35.87 Vendor PSP-BROOKFIELD Total: 107.61 Vendor: PUCHALSKI GOODLOE MARZULLO LLP PUCHALSKI GOODLOE 760-00-5110 LEGALSERVICES 0009623 07/20/2015 11123,86 Vendor PUCHALSKI GOODLOE MARZULLO LLP Total: 1,123.86 Vendor: QUALITY TIRE SERVICE QUALITY TIRE SERVICE 100-45-5370 VEHICLE REPAIRS 38473 07/20/2015 122.27 Vendor QUALITY TIRE SERVICE Total: 122.27 Vendor: QUILL CORPORATION QUILL CORPORATION 100-41-6110 CREDIT MEMO -RETURNED 241249 07/14/2015 -113.99 QUILL CORPORATION 100-41-6110 SUPPLIES 5676081 07/20/2015 129.90 Vendor QUILL CORPORATION Total• 15.91 Vendor: REINDERS INC REINDERS INC 100-45-5370 VEHICLE REPAIRS 15779944-00 07/20/2015 50.15 REINDERS INC 100-45-5370 VEHICLE REPAIRS 1583126-00 07/20/2015 25A0 REINDERS INC 100-45-5370 VEHICLE REPAIRS 1583381-00 07/20/2015 145.04 REINDERS INC 100-45-5370 VEHICLE REPAIRS 1583866-00 07/20/2015 101.33 REINDERS INC 100-45-5370 VEHICLE REPAIRS 1584516-00 07/20/2015 77.92 Vendor REINDERS INC Total: 399.54 Vendor: REWIAKO, RICHARD REWIAKO, RICHARD 100-22-5420 TRAINING EXPENSE INV0000595 07/20/2015 477.12 REWIAKO, RICHARD 100-22-5420 REIMB TRAINING EXP INV0000637 07/20/2015 42.46 Vendor REWIAKO, RICHARD Total: 519.58 Vendor: ROLLEDER, HALINA ROLLEDER, HALINA 100-41-3634 PARKS & REC REFUND 125780 07/20/2015 46.00 Vendor ROLLEDER, HALINA Total: 46.00 Vendor: ROSE, JEFFREY T ROSE, JEFFREY T 100-47-5110 PARKS PROGRAM INSTRUCTOR 5/4/15-5/28/15 07/20/2015 250.00 Vendor ROSE, JEFFREY T Total: 2S0.00 Vendor: ROTARY CLUB OF MCHENRY ROTARY CLUB OF MCHENRY 100-02-5410 DISTRICT & LOCAL DUES 260 07/20/2015 249.00 Vendor ROTARY CLUB OF MCHENRY Total: 249.00 Vendor: SAM'S CLUB SAM'S CLUB 100-44-6110 SUPPLIES JUNE 2015 07/20/2015 644.81 SAM'S CLUB 100-46-6110 SUPPLIES JUNE 2015 07/20/2015 14.90 7/15/2015 4:29:14 PM Expense Approval Register Packet: APPKT00128 - SUPPLIES Vendor Name Account Number Description (Item) Payable Number Post Date Amount SAM'S CLUB 100-47-6110 SUPPLIES JUNE 2015 07/20/2015 29,46 Vendor SAM'S CLUB Total: 689.17 Vendor: SECRETARY OF STATE SECRETARY OF STATE 100-01-6940 PD CONF PLATE RENEWALS INV0000596 07/20/2015 202.00 Vendor SECRETARY OF STATE Total: 202.00 Vendor: SEMROW JR, HARRY H SEMROW JR, HARRY H 100-03-5110 ADJ LAW JUDGE JUNE 2015 07/20/2015 4835 SEMROW JR, HARRY H 100-22-5110 ADJ LAW JUDGE JUNE 2015 07/20/2015 438.75 Vendor SEMROW JR, HARRY H Total: 487.50 Vendor: SHERWIN-WILLIAMS CO, THE SHERWIN-WILLIAMS CO, THE 100-33-6110 SUPPLIES 5504-8 07/20/2015 68.58 SHERWIN-WILLIAMS CO, THE 100-45-6110 SUPPLIES 4542-9 07/20/2015 378.80 Vendor SHERWIN-WILLIAMS CO, THE Total: 447.38 Vendor: ST PAULS EPISCOPAL CHURCH ST PAULS EPISCOPAL CHURCH 100-47-5110 JULY 2015 RENT INV0000597 07/20/2015 143.10 Vendor ST PAULS EPISCOPAL CHURCH Total: 143.10 Vendor: STANS OFFICE TECHNOLOGIES STANS OFFICE TECHNOLOGIES 620-00-5110 IT/MANAGED SERVICES 313426 07/20/2015 11672.00 STANS OFFICE TECHNOLOGIES 620-00-5110 INTERNET SERVICES 313427 07/20/2015 35.00 STANS OFFICE TECHNOLOGIES 100-30-6210 SUPPLIES 313635 07/20/2015 71.30 STANS OFFICE TECHNOLOGIES 620-00-6210 COPIERAGREEMENT 313614 07/20/2015 179.79 Vendor STANS OFFICE TECHNOLOGIES Total: 1,958.09 Vendor: STATE FIRE MARSHAL STATE FIRE MARSHAL 100-33-6115 CHAIRLIFT CERT 18193 07/20/2015 75.00 Vendor STATE FIRE MARSHAL Total: 75.00 Vendor: STEINER ELECTRIC COMPANY STEINER ELECTRIC COMPANY 510-35-6110 SUPPLIES S0050469190001 07/20/2015 29.87 Vendor STEINER ELECTRIC COMPANY Total: 29.87 Vendor: THELEN MATERIALS LLC THELEN MATERIALS LLC 100-33-6110 SUPPLIES 323694 07/20/2015 194.47 Vendor THELEN MATERIALS LLC Total: 194.47 Vendor: THEODORE POLYGRAPH SERV THEODORE POLYGRAPH SERV 100-21-5110 CONTRACTUAL SERVICES 4917 07/20/2015 150.00 Vendor THEODORE POLYGRAPH SERV Total: 150.00 Vendor: THOME, BRYAN THOME, BRYAN 510-32-6110 CDL LICENSE REWEWAL INV0000600 07/20/2015 60.00 Vendor THOME, BRYAN Total: 60.00 Vendor: TRAFFIC CONTROL CORPORATION TRAFFIC CONTROL 610-00-5980 PEDESTRIAN LIGHT 343 07/20/2015 343.00 TRAFFIC CONTROL 610-00-5980 PEDESTRIAN LIGHT 83653 07/20/2015 3/360400 Vendor TRAFFIC CONTROL CORPORATION Total: 3,703.00 Vendor: TYLER TECHNOLOGIES TYLER TECHNOLOGIES 450-00-8300 FINANCE SOFTWARE 025-128256 07/20/2015 468.75 Vendor TYLER TECHNOLOGIES Total: 468.75 Vendor: ULINE ULINE 100-22-6210 SUPPLIES 68606033 07/20/2015 222.72 Vendor ULINE Total: 222.72 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 100-22-5110 CONTRACT 500-0401564 #14 OF 60 07/20/2015 225.00 US BANK EQUIPMENT FINANCE 100-01-5110 CONTRACT 500-0389299 #18 OF 60 07/20/2015 311.00 US BANK EQUIPMENT FINANCE 100-33-5110 CONTRACT 500-0361445 #27 OF 61 07/20/2015 97.34 US BANK EQUIPMENT FINANCE 510-31-5110 CONTRACT 500-0361445 #27 OF 61A 07/20/2015 97.33 US BANK EQUIPMENT FINANCE 510-32-5110 CONTRACT 500-0361445 #27 OF 61A 07/20/2015 97.33 US BANK EQUIPMENT FINANCE 100-03-5110 CONTRACT 500-0302031 282610088 07/20/2015 135.00 Vendor US BANK EQUIPMENT FINANCE Total: 963.00 7/15/2015 4:29:14 PM Expense Approval Register Packet: APPKT00128 - SUPPLIES Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: USA BLUEBOOK USA BLUEBOOK 510-31-6110 SUPPLIES 659573 07/20/2015 160A0 USA BLUEBOOK 510-32-5380 REPAIRS & MAINT 670805 07/20/2015 683.40 Vendor USA BLUEBOOK Total: 843.80 Vendor: VALLEY VIEW ACRES VALLEY VIEW ACRES 100-47-5110 PARKS & REC JUNE SESSION 15787 07/20/2015 100.00 Vendor VALLEY VIEW ACRES Total: 100.00 Vendor: VERIZON WIRELESS VERIZON WIRELESS 100-01-5320 CELL PHONE USAGE 6/4/15-7/3/15 07/20/2015 73.45 VERIZON WIRELESS 100-03-5320 CELL PHONE USAGE 6/4/15-7/3/15 07/20/2015 108.34 VERIZON WIRELESS 100-22-5320 CELL PHONE USAGE 6/4/15-7/3/15 07/20/2015 11125.16 VERIZON WIRELESS 100-30-5320 CELL PHONE USAGE 6/4/15-7/3/15 07/20/2015 34.06 VERIZON WIRELESS 100-33-5320 CELL PHONE USAGE 6/4/15-7/3/15 07/20/2015 139.55 VERIZON WIRELESS 100-41-5320 CELL PHONE USAGE 6/4/15-7/3/15 07/20/2015 7.06 VERIZON WIRELESS 100-45-5320 CELL PHONE USAGE 6/4/15-7/3/15 07/20/2015 34.06 VERIZON WIRELESS 100-46-5320 CELL PHONE USAGE 6/4/15-7/3/15 07/20/2015 4.36 VERIZON WIRELESS 100-47-5320 CELL PHONE USAGE 6/4/15-7/3/15 07/20/2015 10.78 VERIZON WIRELESS 620-00-5320 CELL PHONE USAGE 6/4/15-7/3/15 07/20/2015 65.58 VERIZON WIRELESS 510-31-5320 CELL PHONE USAGE 6/4-7/3/15 07/20/2015 68,32 VERIZON WIRELESS 510-32-5320 CELL PHONE USAGE 6/4-7/3/15 07/20/2015 24,67 VERIZON WIRELESS 100-33-5320 WIRELESS PHONES 7/4/15-8/3/15 07/20/2015 25.82 VERIZON WIRELESS 510-31-5320 CELL PHONE USAGE 7/4/15-8/3/15A 07/20/2015 126.42 VERIZON WIRELESS 510-32-5320 CELL PHONE USAGE 7/4/15-8/3/15A 07/20/2015 25.82 VERIZON WIRELESS 620-00-5110 WIRELESS BROADBAND 9748367510 07/20/2015 38.01 Vendor VERIZON WIRELESS Total: 1,911.46 Vendor: WASTE MANAGEMENT OF WI PHEASANT RUN RDF WASTE MANAGEMENT OF WI 510-32-5580 SLUDGE REMOVAL 0029064-2742-8 07/20/2015 91936.75 Vendor WASTE MANAGEMENT OF WI PHEASANT RUN RDF Total: %936.75 Vendor: WASTE MANAGEMENT WASTE MANAGEMENT 100-01-6110 Yardwaste stickers/refuse 3205281-2013-4 07/20/2015 8,245.00 Vendor WASTE MANAGEMENT Total: 81245.00 Vendor: WELCH BROS INC WELCH BROS INC 100-33-6110 SUPPLIES 1521317 07/20/2015 464.00 WELCH BROS INC 100-33-6110 SUPPLIES 1521318 07/20/2015 452.88 Vendor WELCH BROS INC Total: 916.88 Vendor: WILSON NURSERIES INC WILSON NURSERIES INC 100-45-6110 SUPPLIES 0275563-IN 07/20/2015 250.50 Vendor WILSON NURSERIES INC Total: 250.50 Vendor: ZACCAGNINI, PAM ZACCAGNINI, PAM 100-42-6920 POOL PARTY -DJ 7/22/15 07/20/2015 250.00 Vendor ZACCAGNINI, PAM Total: 250.00 Vendor: ZARNOTH BRUSH WORKS INC ZARNOTH BRUSH WORKS INC 100-33-5370 REPAIRS 0155661-IN 07/20/2015 335.00 Vendor ZARNOTH BRUSH WORKS INC Total: 335.00 Vendor: ZASADA, JIM ZASADA, JIM 100-47-5110 SOFTBALL UMPIRE FEES 6/22/15-7/3/15 07/20/2015 184.00 Vendor ZASADA, JIM Total: 184.00 Grand Total: 5481232.23 7/15/2015 4:29:14 PM Expense Approval Register Packet: APPKT00128 - SOFTBALL UMPIRE FEES Fund Summary Fund 100 - GENERAL FUND 205-PAGEANT FUND 225 - ALARM BOARD FUND 270- MOTOR FUEL TAX FUND 400- RECREATION CENTER FUND 440 - CAPITAL IMPROVEMENTS FUND 450 -CAPITAL EQUIPMENT FUND 510 - WATER/SEWER FUND 610- RISK MANAGEMENT FUND 620- INFORMATION TECHNOLOGY FUND 740- RETAINED PERSONNEL ESCROW 760-POLICE PENSION FUND Grand Total: Expense Amount 147,033.01 11215,87 42,502,22 8,146.80 26,144.00 149,941.96 19,066.25 81,146,36 6,997.33 57,950.07 6,964.50 1,123.86 548,232.23 Report Summary 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, Deputy City Administrator FOR: July 20, 2015 Regular City Council Meeting RE: Sign variances for the property located at 4005 Kane Avenue (Units L, M, O and P) ATT: 1. Location map 2. Proposed sign on south building elevation at 4005 Kane Avenue Unit L (Lucky Poker) 3. Proposed sign on north building elevation at 4005 Kane Avenue Unit L (Lucky Poker) 4. Exhibit depicting distance from Front Street to proposed sign at 4005 Kane Avenue Unit L (Lucky Poker) 5. Exhibit depicting distance from North Richmond Road to south building elevation at Northgate West Development Shopping Center 6. City Council Meeting Minutes dated October 13, 2003 7. City Council Meeting Minutes dated June 16, 2008 8. City Council Meeting minutes dated August 4, 2008 9. Exhibit Depicting size of current Subway Sign on south elevation of ReMax Plaza 10. Letter from Kathleen Schaid, Trustee for ReMax Plaza BACKGROUND: At the July 7, 2015 meeting the City Council considered a sign variance for the property at 4005 Kane Avenue Unit L, Lucky Poker, to allow a second wall sign on the south elevation of the ReMax Plaza Shopping Center. The size of the sign is 30.27 square feet (see 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 attached sign elevation) and mirrors the sign proposed on the north elevation (see attached sign elevation). At the meeting the Council discussed, on a more holistic level, sign variances on rear elevations of buildings which were not outlots within shopping centers. Additionally, if sign variances were granted in such instances and there were multiple tenants should the signs have a consistent appearance as it pertains to size, style and color. The Council tabled the variance request submitted for 4005 Kane Avenue Unit L to the July 20, 2015 meeting to provide staff an opportunity to work with Jim Schaid, owner of ReMax Plaza and present a revised proposal incorporating these discussion points to the City Council for consideration. Since the July 7 meeting staff has discussed the concerns of the Council with Jim Schaid, who submitted a letter (attached) requesting a total of four sign variances to allow a second wall sign for 4005 Kane Avenue (Unit P-Subway, Unit M-Springleaf Financial, Unit L-Lucky Poker and Unit O-B and B Jewelry and Pawn). Additionally, he submitted an exhibit depicting the dimensions of the Subway sign on the south elevation. The Subway sign on the south elevation is approximately 18 square feet (8.9' feet by 2'), 14.1' above grade and consists of white plastic letters mounted to the wall. Each of the aforementioned units within ReMax Plaza has approximately 24-25 feet of tenant frontage on the north elevation therefore they are permitted to erect a 36 square -foot sign on the north elevation. For outlot buildings signs on the rear elevations must be % the total square -footage of the sign on the front elevation or in this case 18 square feet, which is the size of the Subway sign on the south elevation. However corner units within shopping centers, such as Subway, are permitted two wall signs. The total square footage cannot exceed 1.5 times the business frontage or 36 square feet. In the case of Subway, a variance to allow an additional 18 square -foot sign is required. Existing Sign on South Elevation at 4005 Kane Avenue Unit P 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 Mr. Schaid has suggested four sign variances be granted to permit an additional wall sign for Units O, L, M and P. He is proposing each sign consist of block channel letters mounted on a raceway or directly onto the wall (as in the case of Subway) and uppercase letters not exceed two feet in height and lowercase letters not exceed 1.5 feet in height and all sign must be one color. These criteria essentially mirror the signs which were approved on the rear elevation of the businesses in the North Gate West Shopping Center on North Richmond Road and are consistent with the City's sign ordinance for multi-user outlot buildings in terms of size. Staff would also add no logos be permitted on the rear elevation (consistent with North Gate West) A ReMax Plaza and signs may be backlit. Staff believes this is a fair compromise and does not think it is precedent -setting. ReMax Plaza is surrounded by three roadways and is very unique in this regard, particularly in terms of shopping centers within the City, and staff believes it's in the City's best interest to do whatever is reasonable and practical to ensure the success of businesses. Proposed Sign Variance locations for four businesses (north elevation of ReMax Plaza) R. f�11t aY�l�aYHlU� �llo7.^/i - _ Proposed Sign Variance locations for four businesses (south elevation of ReMax Plaza) 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 ANALYIS: In the case of Lucky Poker, which has 25 feet of tenant frontage, they would be permitted to have a rear wall sign, in accordance with the criteria previously outlined, no greater than 19 square feet. Therefore, the letters would have to be reduced in size, color of the letters changed to white and the logo would not be permitted on the south elevation. At the July 7 City Council meeting Lucky Poker proposed a 30.27 square foot sign with red letters and a logo. If the City Council concurs it is recommended that sign variances for 4005 Kane Avenue Units O, M and L be permitted. Each sign must consist of block channel letters mounted on a raceway; uppercase letters cannot exceed two feet in heights lowercase letters cannot exceed 1.5 feet in height; signs for all units must be consistent with the color of the current Subway sign (white); can be backlit; must be mounted directly onto the rear wall or alternatively onto a raceway and no logos are permitted. Additionally, if the City Council concurs it's recommended that a sign variance be granted to 4005 Kane Avenue Unit P (currently Subway) consistent with the aforementioned conditions for 4005 Kane Avenue (Units Q. M and L). Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Location Map: ReMax Plaza 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 Proposed Sign on South Elevation at 4005 Kane Avenue Unit L aeusn�u ear �.� T-rr � OMNY.TJO ■ � Lj, r 4., F1 V LUmIA61avRa uauAPURga L Ltoslt�iat In.I314214a r� �LTdA1�tlgL � ■- 7.��..r.,,� �a Ta W 3027 sq. & r'.�i wuxr os r N sox nlynbo Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Proposed Sign on North Elevation at 4005 Kane Avenue Unit L I I i 7 i I�Rw�pY l L' 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 Depicting Distance from Front Street to Proposed Sign at 4005 Kane Avenue Unit L View looking northwest from Front Street to proposed sign location 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 Depicting Distance from North Richmond Road to Southwest Building Elevation at Northgate West Shopping Center 309 feet y �, 9 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 OCTOBER 13, 2003 SIGN VARIANCE - NORTHGATE WEST COMMERCIAL DEVELOPMENT In attendance were Attorney Sam Diamond, Attorney Danielle Diamond; Curt Yost, General Manager for the developer of the project; and Developer Jim Schaid. In response to an inquiry from Alderman Glab, Director of Community Development Napolitano stated the free-standing sign would be similar to the one located in front of the Meijer/Home Depot Shopping Center. The sign would be about the same size and height as that sign. Alderman Glab stated Council has previously denied requests to locate wall signs on the rear fagade of commercial buildings. He cited the rejected wall sign variances for Liberty Square Shopping Center at the intersection of Route 31 and Shamrock Lane. Alderman Glab expressed his concern with the abundance of sign variances and reduction in external brick on various commercial structures including sign standards. Alderman Murgatroyd stated he had no objection to the variance for the free-standing sign. However, he had some concerns regarding the requested additional wall signs. He noted it was redundant to vary both the free-standing signs and the additional wall signs. He opined he would prefer to vary solely the free-standing sign and omit the additional wall signs. Alderman Wimmer stated his concurrence with Alderman Murgatroyd. Alderman Peterson opined two wall signs per business should be permitted for ease of idencation. Alderman Bolger concurred with Alderman Peterson. Mr. Diamond noted although North Gate West Development is comprised of 23 acres, only 9 acres are contained outside of the wetlands and are developable. The proposed second monument sign would be for the entire project. Home State Bank would occupy the corner lot and would also have a monument sign identifying its location. Mr. Schaid noted the property restrictions due to the wetlands. Working with the environment and FAP 420 right-of-way dedication causes development hardship resulting in the need for additional signage for building tenants. He noted a 240' distance from Route 31 centerline to the property line of the tenant building. Adding the building setback, it makes it difficult to entice building tenants to utilize the space. Rear fagade signage is critical to leasing the tenant spaces. 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 Alderman Glab suggested the building front should face Route 31, removing the need for rear fagade sign variances. Mayor Low stated her support of both the monument sign variance and the rear fagade wall sign variances. Motion by Peterson, seconded by Bolger, to approve the requested sign variances to North Gate West as follows: • To permit two free-standing development entrance signs; and • To permit a second wall sign for each tenant in the proposed commercial building on Lots &20 on Schaid Court, with a maximum 2' high capital letters, 1.5' high small letters.a all letters to be blocked, all one color, and uniform along the rear of the building; no logos to be included. Voting Aye: Bolger, Low, Wimmer, Peterson. Voting Nay: Glab, Murgatroyd. Abstained: Condon. Absent: None. Motion carried. 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 City Council Meeting Minutes, J U N E 16, 2008 REQUEST FOR SIGN VARIANCES -DIAMOND PLAZA IN NORTHGATE WEST SUBDIVISION In attendance were Architect Walter Hainsfurther and Applicant/Developer Deano Vass. Deputy City Administrator Martin stated a request was received from the Applicant for additional signage in the Diamond Plaza complex located in Northgate West Subdivision. The request included two additional free-standing signs which would exceed the allowable height and area permitted, as well as four additional wall signs. Deputy City Administrator Martin noted Staff has reviewed the request and has made the following recommendation: 1) to approve the request for three additional wall signs on the rear of the building (1/business) with the following conditions: a) each additional wall sign on the rear building fagade shall have maximum 2' high capital letters, 1.5' high lower case letters; b) all letters shall be blocked, one color, and uniform along the rear of the building; c) no logos shall be permitted on the rear of the building; 2) to approve the request for one additional free-standing sign on the subject property subject to the condition that the sign shall not exceed six feet in height and 30 square feet in area; 3) to deny the request for sign height and area variances for the allowed additional free- standing sign. 4) to deny the request for an additional corner unit wall sign on the north elevation; 5) to deny the request for a second free-standing sign on the subject property. Deputy City Administrator Martin noted the signs recommended for approval are consistent with previous sign variances granted for the Northgate West Subdivision. Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to approve one free-standing sign and three additional wall signs on the rear of the building located at Diamond Plaza, subject to the conditions specified by Staff. 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 Discussion on the Motion Alderman Condon stated she could support the variance for the rear facade signs provided the signs are consistent with the limitations previously granted in this development. She concurred with Staff's recommendation. Alderman Santi concurred with Alderman Condon. Alderman Glab recalled previous discussion regarding sign variances being proposed for the Northgate West Development and agreed with Staffs recommendation before Council this evening. In response to Alderman Schaefer's inquiry, Deputy City Administrator Martin stated any signs required for a drive -up establishment in the development, including a directional sign, would be allowed as part of the conditional use permit. Alderman Murgatroyd opined the second monument sign granted the Northgate West Development (following the one allowed by Home State Bank) was to serve the entire development. He expressed concern that every project that comes before Council in this subdivision is seeking its own free-standing sign. He suggested the newer developments piggy- back their signage on the development's existing monument sign located at Route 31 and Diamond Drive. Alderman Murgatroyd indicated he has a problem with the number of signs and sign variances being requested by projects in this development. Mr. Hainsfurther stated it was the applicant's understanding that because the property fronts on two streets, Diamond Drive and Route 31, two free-standing signs should be permitted on the subject premises. He also noted all plans previously submitted to the City, including the site plan, showed two monument signs. The applicant assumed both signs would be allowed. Mr. Hainsfurther also noted the applicant requested of the subdivision owners that signage be added to the Route 31 free-standing development sign. The applicant was advised by the Northgate West development owners to request sign variances from the City to allow free-standing signs on their property. Mr. Hainsfurther noted the tenants need two free- standing signs on the subject property. City Administrator Maxeiner stated the City appreciates the applicant's situation. However, the City has no control over what information was relayed to the applicant by the property owner during the sale of the property. 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 Alderman Murgatroyd stated he thought the Route 31 monument sign was erected for the benefit of the entire Northgate West Development. He noted in 2003 the subdivision property owners were advised that only one monument sign would be permitted for the entire development except for the Home State Bank free-standing sign. City Attorney McArdle inquired if the applicant had researched the possibility of using a portion of the subdivision monument sign located at Diamond Drive and Route 31, Mr. Vass indicated he had not looked into this possibility. Mr. Vass reiterated two monument signs were shown on his project's site plan which was previously approved by the City. He therefore believed he should be entitled to install both monument signs on his property. City Administrator Maxeiner inquired if the tenants were able to utilize a portion of the existing subdivision sign, in conjunction with one free-standing sign on their development, would that satisfy the advertising needs of the project? Mr. Vass responded he needs both monument signs on his property. City Administrator Maxeiner stated in the eyes of the Council consistency within the development must be maintained. City Administrator Maxeiner noted the signs for this development were the subject of much City Council discussion and agreement in 2003 when this subdivision was first presented to the City. At Mayor Low's encouragement, the motion and second were withdrawn, and the matter was tabled until a future Council meeting when the issues at hand have been resolved. 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 City Council Meeting Minutes AUGUST 4, 2008 REQUEST FOR SIGN VARIANCES FOR DIAMOND PLAZA In attendance was Charles Schwartz, representing the applicant for sign variances for Diamond Plaza located in Northgate West Development. Deputy City Administrator Martin stated as Council will recall on June 16, 2008, Council considered a request for sign variances for Diamond Plaza Shopping Center. At that time the applicant requested the following: 1) four additional wall signs on the rear and north side of the building; 2) two additional freestanding signs with height and total area square footage variances. Due to confusion regarding prior sign restrictions imposed by Council on this development, no action was taken by Council. The applicant was directed to work with Staff to resolve and clarify the variation requests and return to Council with a revised variance request. Deputy City Administrator Martin noted Staff has met with the applicant. At this time the following variances are being requested by the applicant. 1) Variance to allow three additional wall signs (two on the rear fagade and one on the north building elevation for the corner unit); 2) Variance to allow one freestanding sign on the subject property; 3) Variances as to allowable height and area for the proposed freestanding sign. Deputy City Administrator Martin stated Staff has reviewed the request and recommends the following: 1) to approve the request for two additional wall signs on the rear building fagade with the conditions that each additional wall sign on the rear fagade has a maximum of 2' high upper case letters, 1.5' high lower case letters, all to be blocked in style, one color and uniform along the rear of the building, with no logos permitted; 2) to approve the request for an additional corner unit wall sign on the north fagade, size and style in accordance with the attachment provided with the permit application; 3) to approve the request for an additional freestanding sign at the southeast corner of the subject property, allowing height and area variances as requested. Alderman Murgatroyd stated he understands the need for the monument sign and the 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 corner unit sign; however, since no parking exists at the rear of the bung, he could not understand why signage would be needed on the rear fagade. Deputy City Administrator Martin responded the request was made to provide additional signage for the tenants. Alderman Santi inquired if the color of the signage would coordinate with the signage of each of the tenant's corporate colors. Deputy City Administrator Martin responded Staff is recommending that the sign colors be uniform. Alderman Glab opined it is difficult to support changes to signage in shopping centers. He noted the parameters for shopping center signs were discussed at great length prior to the adoption of the current sign ordinance, particularly with regard to all of the previous variances granted to this development. Deputy City Administrator Martin noted the City is attempting to be equitable and cooperate with the Diamond Plaza owner regarding signage for the development. He further stated the conformity of the building makes signage for the development unique. Motion by Murgatroyd, seconded by Santi, to accept Staffs recommendation to 1) approve the request for two additional wall signs on the rear building fagade with the conditions that each additional wall sign on the rear fagade has a maximum of 2' high upper case letters, 1.5' high lower case letters, all to be blocked in style, one color and uniform along the rear of the building, with no logos permitted; 2) approve the request for an additional corner unit wall sign on the north fagade, size and style in accordance with the attachment provided with the permit application; 3) approve the request for an additional freestanding sign at the southeast corner of the subject property, allowing height and area variances as requested. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson. Voting Nay: Glab. Absent: None. Abstain. Condon. Motion carried. 16 8'r1 a� 4 0 0Koon-e, Avg 110 -- °�m _ _--_ July 10, 2015 TO: Mayor and City Council FROM: Kathleen D. Schaid Trust, Petitioner RE: Request for Sign variance for the property located at 4005 Kane Avenue Unit L Channel mount letters on raceway 2' high capital first letter, 1.5' high small letters, all letters to be blocked, all one color and uniform. Td 9 /� 4v4c) SiP c c� r/ o NS A � � JEI'%�<Aij 0N Ate ic>es� co IAOO*1 A4 /9 �< v 0 / p � J me o� M�eN�r 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: July 20, 2015 Regular City Council meeting RE: Request for Class H Liquor License from Old Town Pizza of McHenry, d/b/a Old Town Pizza located at 514 South Route 31 and approval of the attached Ordinance increasing the number of Class H liquor licenses from four to five. ATT: Application Ordinance Mr. Brian Burkus, owner of Old Town Pizza intends to move from his current location on Route 31 to 514 South Route 31 (former site of Blue Cherry Frozen Yogurt), Mr. Burkus has submitted an application for a Class H liquor license to serve beer and wine at tables only in conjunction with a restaurant. Mr. Burkus has been 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 Old Town Pizza of McHenry d/b/a Old Town Pizza located at 514 South Route 31 with the condition that all employees involved in the sale and service of alcohol obtain BASSET certification; and, b) approve an ordinance increasing the number of Class H liquor licenses from four to three. 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.d _ Date Issued Date Effective NAME OF BUSINESS, ADDRESS, &TELEPHONE #. 5 ►q Boom tum 31 1 2. 3. 4. 7 f� 9. 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 Q � ( T & 114)ls' Fee Received Date Received Receipt Issued On L e a Check No. Cashier's Chk. ALL LICENSES EXPIRE APRIL 30 Cert. Check FOLLOWING DATE OF ISSUANCE Cash WM (Z?A'b 4 UT r ICKWI G boob girJ''g 1(>> gs01v�t)&10 Please indicate form of ownership: CORPORATION ' PARTNERSHIP ^ INDIVIDUAL/SOLE PROP. IF CORPORATION Corporation Name: Corporate Address: Corporate Phone Number: TOv��1 / I�iZ1Q' ljD 0'� Sovt� tom'. 31 � 5181111 8t� 2-�6 StiRB CG��. State of Incorporation: IF PARTNERSHIP: Name: Corporate Address: Corporate Phone Number: State of Incorporation: IF INDIVIDUAL/SOLE PROP: Applicant's Full Name: �7VIG1� Date of Birth: 001l6Q 11�d1 Residence Address:` IV jArA fST4otfr K Home Phone: 91 J iv76 iAq (,�IGe lL 600 Business Phone: Sys Citizen of U.S.? ` �S If a naturalized citizen, when and where naturalized? Court in which (or law under which) naturalized: (A) If Applicant is a PARTNERSHIP, give name and address of all partners holding 5% or more of the partnership interest: ) (B) If Applicant is CORPORATION, give name, address and telephone number of owners holding 5% or more shares and registered agent: 2012 PAGE TWO 10, If Applicant and Local Manager are not the same, give name, address and telephone number of Local Manager: Local Manager's: Date of Birth: 11 Principal Type of Business: Place of Birth: Citizen of U.S.? 12. What is current zoning for this property? e' 13. Type of License Sought: Ff '�£+ �aJ ►C� 14, Date on which business was begun at this location: 15 Does applicant own premises for which license is sought? If not, state name and address of owner and attach copy of executed lease. 16. If property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church, school (except institutions of highef education), hospital, home for aged or indigent persons or for veterans and their families or any military or naval station? A. If answer to the above is "YES", is the applicant's place of business a hotel offering restaurant service, a regularly organized club, a food shop or other place where the sale of liquor is to the principal business? If yes, how long has place of business been in operation? 18. If applicant has ever engaged in the business or sale of alcoholic liquor at retail, list address of all locations (may attach supplemental sheet). 19. Illinois State Liquor License Number: Attached copy of State pLiq"or License Certificate. 20. Give applicant's Retailer's Occupational tax (ROT) Registration Number: �, 6 J � 380 ( ���' 21. Are you delinquent in the payment of the Retailer's Occupational Tax (Sales Tax), and if so, the reasons therefore: &lf 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. 24. Describe parking facilities available to the business: 25. Are you familiar with all the laws of the liquor; and will you abide by them? State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic 26. Will you maintain the enure premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? 27. Will you attempt to prevent rowdiness, fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? �� 28. Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit (other than merchandising credit in the ordinary course of business for a period not in excess of 90 days), or is such a person directly or indirectly interested in the ownership, conduct or operation of the place of business? J�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? A�D answer is "YES", explain: 30. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation and the local manager, or in the case of a partnership, any of the partners, ever been convicted of either a felony or a misdemeanor? j,�fi If so, please describe: 31. Is any individual who is directly or indirectly interested in applicant's place of business, alaw-enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)? l l,� If so, please state name and address of such person: 2012 PAGETHREE 32. List your occupation or employment with addresses thereof for the past 10 years (if partnership or corporation, list same in, for each partner and the local manager — (please attach). 33. Have you ever been convicted of a gambling offense (if a patrtnership or corporation, include all partners, owners of 5% or more shares of the corporation and the local manager)? If so, give all details: 34. Has any owners) or members) of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager, or director thereof; or, any stockholder owning in the aggregate more than twenty (20) percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? PO 1 I p 35. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? U�S 36. Have you, or any partner, or owner of 5% or more shares of the corporation or local manager, ever had a liquor license revoked or suspended? 37. If so, give all details, including location of the licensed property (please attach). CAUTION: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license and/or the issuance of a fine. No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises, either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to ti me. 4. Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m. to 4:30 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5, During Fiesta Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic beverages (not including packaged liquor sales); or (b) alcoholic beverages in non -original containers, such as plastic cups. Only original containers, such as cans, bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code, to take place on the licensed premises or on, about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. 2012 PAGEFOUR AFFIDAVIT STATE OF ILLINOIS ) )SS COUNTY OF MCHENRY ) I, the undersigned, being first duly sworn, deposes and says that I (we), have read the above and foregoing Application, caused the answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. SOLE PROPRIETOR: Signature of Applicant PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title CORPORATION: (Authorized Agent of the Corporatigln) MANAGER: Signature � ��� �,�, � ✓ f Print Name 0 VvNqr Title 66®��lC YtiL S�t'f L99 Marcia M Geraghty Notary Public? "" of III no+S Mly Commission Expires 06/24,2018 Signature of Local Manager Print Subscribed and sworn to before me this •. day of , 20 NOTARY PUBLIC Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC Subscribed and sworn to before e this 20 � NOTARY PUBLIC Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC 2012 ORDINANCE NO. MC-15- AN ORDINANCE Increasing number of Class H Liquor Licenses (Old Town Pizza) 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(7) of the Municipal Code relating to liquor license classifications is hereby amended by increasing the number of Class "H" Liquor Licenses from four to five. 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 20th day of July 2015. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: ATTEST: City Clerk Mayor 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: July 20, 2015 Regular City Council meeting RE: Request for Class F3 Liquor License from McMart, Inc. d/b/a McHenry Marathon located at 4608 W. Crystal Lake Road and approval of the attached Ordinance increasing the number of Class F3 liquor licenses from five to six. ATT: Application Petition Ordinance Mr. Esthappan Kannampallii, owner of McMart, Inc. d/b/a McHenry Marathon located at 4508 W. Crystal Lake Road submitted an application for a Class H liquor license to sell at retail package spirits, beer and wine in conjunction with a gas station. Mr. Kannampallii and his manager Moses Chinnam have been fingerprinted by McHenry Police, all fees have been paid, and all required paperwork has been submitted. In addition, Mr. Kannampallii submitted the attached petition signed by customers of McHenry Marathon in support of his request for a liquor license. If Council concurs, then it is recommended a motion is considered to a) grant a Class H liquor license to Old Town Pizza of McHenry d/b/a Old Town Pizza located at 514 South Route 31 with the condition that all employees involved in the sale and service of alcohol obtain BASSET certification; and, b) approve an ordinance increasing the number of Class H liquor licenses from four to three. 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. �� CITY OF MCHENRY �J B APPLICATION FOR LIQUOR LICENSE Fee Received Date Issued Date Effective UNDER CITY OF MCHENRY LIQUOR CONTROL ORDINANCE FISCAL YEAR 2015/2010 TO BE FILED WITH THE OFFICE OF THE MAYOR Date Received Receipt Issued On Check No. Cashier's Chk. ALL LICENSES EXPIRE APRIL 30 Cert. Check FOLLOWING DATE OF ISSUANCE Cash NAME OF BUSINESS, ADDRESS, & TELEPHONE #,jN y '(/ vD 1 UA-'K.15 Rd �I671 1 Please indicate form of ownership: CORPORATION PARTNERSHIP INDIVIDUALISOLE PROP, IF CORPORATION: 2, Corporation Name: _ 3 5. 6. Corporate Address: State of Incorporation: IF PARTNERSHIP: Name: Corporate Address: Corporate Phone Number: State of Incorporation: tate of Birth: 7. Home Phone: Business Phone: _ 8. Citizen of U.S.? If a naturalized citizen, when and where naturalized? Courtin which (or law under which) naturalized: 9. (A) If Applicant is a PARTNERSHIP, give name and address of all partners holding 5% or more of the partnership interest: agent: 2012 PAGE �I'1NO 10. If Applicant and Local Wr ager are not the same, give name, address and telephone number of Local Manager: Local Manager's: Date of Birth: Place of Birth: f� a 0 Citizen of U.S.? _ 11 Principal Type of Business: g d �� (e 12. What is current zoning for this property? 13. Type of License Sought: 14. Date on which business was begun at this location: lee \lell_.. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church, school (except institutions of higher education), hospital, home for aged or indigent persons or for veterans and their families or any military or naval station? A. If answer to the above is "YES", is the applicant's place of business a hotel offering restaurant service, a regularly organized club, a food shop or other place where the sale of liquor is to the principal business? If yes, how long has place of business been in operation? 18. If applicant has ever engaged in the business or sale of alcoholic liquor at retail, list address of all locations (may attach supplemental sheet). 19. Illinois State Liquor License Number: Attached copy of State Liquor License Certificate. 20. Give applicant's Retailer's Occupational tax (ROT) Registration Number: 21. Are you delinquent in the payment of the Retailer's Occupational Tax (Sales Tax), and if so, the reasons therefore: 22. If this application is for a new license or a transferred license, attach to this Application a copy of Applicant's balance sheet and operating statement for the past three years, or if not available, other proof of financial responsibility. 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. 24. Describe parking facilities available to the business: 25. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor; and will you abide by them? 26. Will you maintain the entire premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? 27. Will you attempt to prevent rowdin ss, fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? 28. Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit (other than merchandising credit in the ordinary course of business for a peri d 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? I 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 mane er, or in the case of partnership, any of the partners, ever been convicted of any violation of any law pertaining to alcoholic liquors? answer is "YES", explain: 30. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation and the local manager, or in the case of a partnership, any of the partners, ever been convicted of either a felony or a misdemeanor? If so, please describe: 31. Is any individual who is directly or indirectly interested in applicant's place of b iness, alaw-enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)? If so, please state name and address of such person: 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). 33. Have you ever been convicted of a gambling offense (if a partnership corporation and the local manager)? If so, give all details: _ include all partners, owners of 5% or more shares of the 34. Has any owners) or members) of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager, or director thereof; or, any stockholder owning in the aggregate more than twenty (20) percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? I. I X 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 morehares 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 andlor revocation of your liquor license and/or the issuance of a fine. No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises, either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m. to 4:30 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days, 5, During Fiesta Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic beverages (not including packaged liquor sales); or (b) alcoholic beverages in non -original containers, such as plastic cups. Only original containers, such as cans, bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code, to take place on the licensed premises or on, about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. 2012 PAGE IOUR 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. 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C%�01 Vi c^ f ?l� f the l E Page 1 a u Pj L �� A A4QNA A�s 1 4rop ca �I tL - 3�S (�IIClI� ail , /41CtiL� P7 c�H l rtg 00000 ORDINANCE NO. MC-15- An Ordinance Increasing number of Class F3 Liquor Licenses (McHenry Marathon) 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(5) of the Municipal Code relating to liquor license classifications is hereby amended by increasing the number of Class "F3" Liquor Licenses from five to six. SECTION 2: 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 3: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4.: 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 20th day of July 2015. AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: 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: July 20, 2015 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Use Variance to allow an open sales lot; outdoor storage and bulk fuel storage at 1860 N Richmond Road ATT: 1. Location Map 2. Proposed Outdoor Storage and Display Areas 3. Existing Utility Map 4. Unapproved Special Planning and Zoning Commission minutes dated July 2, 2015 5. Ordinance approving a use variance to allow an open sales lot; outdoor storage and bulk fuel storage at 1860 N Richmond Road 6. Application Packet BACKGROUND: Big R Stores, a farm and home retailer and competitor of Farm and Fleet is interested in purchasing the building formerly occupied by Target, which is located on Lot 1 in the McHenry Plaza Shopping Center. McHenry Plaza Shopping Center consists of approximately 194,000 sf. and the former Target building is 95,420 square feet. The lot the former Target building sets on consists of nine acres and contains 521 parking spaces. Big R is seeking a use variance to allow: an open sales lot; outdoor storage and bulk fuel storage and sales ("Accessory Uses") in conjunction with their retail business ("Principal Use"). A use variance is required because outdoor sales and display and bulk fuel sales are not permitted uses in the C-3 zoning district however these uses are commonly associated with this type of business. Home Depot maintains outdoor storage and display areas and is located on North Richmond Road. Home Depot is zoned C-5 however did receive a conditional use permit to allow outdoor sales and storage. An open sales lot is defined as follows in the zoning ordinance: OPEN SALES LOT: Open land that is used or occupied for the purpose of buying and selling merchandise, passenger cars, trucks, motor scooters, motorcycles, boats, nursery plants or 1 M coat or rwc roz arvca✓ 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 supplies, or monuments, or for the storing of same prior to sale thereupon, and that is provided with a permanent, durable, and dustless surface and is drained to dispose of all surface water. Big R's request includes a 28' X 270' (7,560 square -foot) storage and merchandise pick-up area on the north side of the building and depicted on the site plan. It's within this area they are proposing to store bulk kerosene and propane. They are also seeking approval for a 65' X 150' (9,750 square feet) outdoor sales area for seasonal merchandise along the north property line and immediately south of the driveway entrance to the site off of McCullom Lake Road, as well as an outdoor sales area west of the former Target Store consisting of 13,500 square feet (90' X 150'). Lastly Big R would like to utilize the area along the private sidewalk immediately west and adjacent to the building (see attached photographs for locations) to display merchandise. The proposed outdoor storage and merchandise pick-up area on the north side ofthe building will be utilized for bulk kerosene and propane sales and storage as well as for farm and agri-business items including: fencing and related fence products, livestock water tank, drain tile, etc. It's within this area customers could look at merchandise and back into the area for loading and pick-up of merchandise. The area will be paved. The State Fire Marshall regulates bulkfuel storage, which is required to be a minimum of 25 feet from the building. Any above -ground bulk fuel storage tank must be constructed and inspected by the State Fire Marshall prior to the tank being filled. Staff is recommending bollards be placed adjacent to the bulk fuel storage tanks. Additionally, this area will be enclosed by a black chain link fence. The former Sears/K-Mart has a similar area immediately to the north of the subject property on the north side of McCullom Lake Road. ANALYSIS: Along the north side of the building and south of McCullom Lake Road is a twenty -foot easement which extends from the intersection of McCullom Lake Road and Richmond Road east along the northern property line to the east of the building and contains water and sewer mains. The proposed outdoor storage area is located outside of the twenty -foot easement. There is approximately 58.8' from the south side of the existing sidewalk along McCullom Lake Road to the north side of the building on the subject property. There is also a watermain which runs parallel to the former Target building within the easternmost driveway aisle, within a ten -foot dedicated easement, as depicted on the McCullom Place II Final Plat of Subdivision. A large part of Big R's business is the sale of seasonal merchandise as well as outside sales generally. There are three areas Big R is proposing to conduct their outdoor sales: a 9,750 square - foot area along the north property line; a 13,500 square -foot space in the parking lot west of the building and on the sidewalk immediately west and adjacent to the building. The two outdoor 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 sales areas within the parking lot will encompass 82 parking spaces. The parking requirement for Big R is 4 spaces/1,000 sf. of net floor area or 85% of gross so Big R is required to maintain 324 spaces. Subtracting the 82 spaces for the outdoor sales areas will still leave an excess of 115 parking spaces. The sidewalk abutting the building to the west ranges in width up to a maximum of 25 feet. As previously stated other businesses along this corridor have or former businesses had similar outdoor display and storage areas; therefore the proposed uses at 1860 N Richmond Road are consistent with and will not alter the character of the area. The former Sears/K-Mart had an outdoor storage and display areas the existing Sears Appliance, located within McHenry Plaza displays items within the parking area, as well as on the sidewalk adjacent to the building. Further, the former Wal-Mart at 2019 N Richmond Road had a large outdoor garden area on the west side of their building and Home Depot, located two blocks to the north of the subject property, currently has outdoor display areas to the east of their building, a permanent fenced -in garden/outdoor display and sales area south of their building and they also store trucks and trailers in their parking area which are continually rented and dropped -off. Ace Hardware on Crystal Lake Road is zoned C-3 and received a conditional use permit for similar requests which Big R is seeking approval. Ace Hardware has a larger outdoor display area within their parking lot, as well as on the sidewalk east of their building, a fenced -in area adjacent to their building and store/sell bulk propane in a large tank to the southeast of their current building. Staff believes the requests Big R is seeking are reasonable, consistent with the zoning ordinance, comprehensive plan, will not adversely impact adjacent properties. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval of a use variance to allow an open sales lot; outdoor storage and bulkfuel storage at 1860 N Richmond Road subject to the following conditions: • Size and locations of outdoor display and outdoor storage areas shall be in substantial conformance with the attached site plan which shall be incorporated into any ordinance as an exhibit to be considered by the City Council; major deviations from the attached site plan will require an amendment to the proposed use variance; • Written approval from the State Marshall shall be required for the bulk fuel tanks; • Bollards shall be placed around the bulk fuel tanks to protect against vehicles hitting the tanks; • A certificate of occupancy, including inspection of all proposed outdoor storage and display areas shall be obtained from the City of McHenry; 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 • Outdoor display and storage areas consisting of 9,750 square -feet and 7,560 square -feet respectively shall be located outside of the 30' easement (easement is only 20' wide) area located immediately south of McCullom Lake Road as depicted on the (Final Plat of Subdivision for McCullom Place II) and Plat of Survey, • Approved ingress and egress to and from the building at 1860 N Richmond Road must be maintained as required by the City's currently adopted building code and all other applicable ordinances, rules and regulations; • Sidewalk adjacent to and immediately west of the building shall not be reduced to a clear usable width of less than 48-inches at any time so as not to impeded pedestrian traffic; • A minimum of four -feet of horizontal clearance must be maintained between any outdoor display and, trees, landscaping, utility poles, sign poles, fire hydrants, shelters and other similar devices or structures; • Pedestrian and motor vehicle vision clearance must not be blocked, impeded and/or comprised at intersections, driveways, doors and signage by any outdoor display and/or storage area. Product being displayed and/or stored outdoors is not permitted to be located within two -feet of the latch side of any door; • Alcoholic beverages, tobacco, firearms, munitions, adult oriented items, or any other article or product that a minor (as defined by Federal, State, or local ordinance) is prohibited from purchasing by law, shall not be permitted to be displayed or stored outside of the building at 1860 N Richmond Road; • McHenry County Health Department approval must be obtained prior to placing anything outdoors or indoors that can be eaten, consumed or ingested or otherwise requires a permit for that agency; • Unless permitted by ordinance or approval is obtained by the City Council the use of signage, pennants, banners, flags lighting, electric amplification or noise making devices shall not be used to attract attention to any of the outdoor display or storage areas; • Items located within outdoor displays and/or storage areas must be placed on an approved surface such as concrete, asphalt or paver bricks. Outdoor display and storage area items will not be permitted to be permanent anchored or secured to the ground or temporarily or permanently anchored to trees, signs, fire hydrants, or buildings; • All outdoor display and storage areas shall be kept neat and orderly and remain free from trash and debris at all times; • Outdoor display and storage areas shall maintain a minimum level of security lighting, using full cut-off fixtures. 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 the Planning and Zoning Commission it's recommended the attached ordinance approving a use variance to allow an open sales lot; outdoor storage and bulk fuel storage at 1860 N Richmond Road subject to the following conditions: • Size and locations of outdoor display and outdoor storage areas shall be in substantial conformance with the attached site plan which shall be incorporated into any ordinance as an exhibit to be considered by the City Council; major deviations from the attached site plan will require an amendment to the proposed use variance; • Written approval from the State Marshall shall be required for the bulk fuel tanks; • Bollards shall be placed around the bulk fuel tanks to protect against vehicles hitting the tanks; • A certificate of occupancy, including inspection of all proposed outdoor storage and display areas shall be obtained from the City of McHenry; • Outdoor display and storage areas consisting of 9,750 square -feet and 7,560 square -feet respectively shall be located outside of the 30' easement area (easement is only 20' wide) located immediately south of McCullom Lake Road as depicted on the (Final Plat of Subdivision for McCullom Place II) and Plat of Survey; • Approved ingress and egress to and from the building at 1860 N Richmond Road must be maintained as required by the City's currently adopted building code and all other applicable ordinances, rules and regulations; • Sidewalk adjacent to and immediately west of the building shall not be reduced to a clear usable width of less than 4&inches at any time so as not to impeded pedestrian traffic; • A minimum of four -feet of horizontal clearance must be maintained between any outdoor display and, trees, landscaping, utility poles, sign poles, fire hydrants, shelters and other similar devices or structures; • Pedestrian and motor vehicle vision clearance must not be blocked, impeded and/or comprised at intersections, driveways, doors and signage by any outdoor display and/or storage area. Product being displayed and/or stored outdoors is not permitted to be located within twafeet of the latch side of any door; • Alcoholic beverages, tobacco, firearms, munitions, adult oriented items, or any other article or product that a minor (as defined by Federal, State, or local ordinance) is prohibited from purchasing by law, shall not be permitted to be displayed or stored outside of the building at 1860 N Richmond Road; • McHenry County Health Department approval must be obtained prior to placing anything outdoors or indoors that can be eaten, consumed or ingested or otherwise requires a permit for that agency; 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 • Unless permitted by ordinance or approval is obtained by the City Council the use of signage, pennants, banners, flags lighting, electric amplification or noise making devices shall not be used to attract attention to any of the outdoor display or storage areas; • Items located within outdoor displays and/or storage areas must be placed on an approved surface such as concrete, asphalt or paver bricks. Outdoor display and storage area items will not be permitted to be permanent anchored or secured to the ground or temporarily or permanently anchored to trees, signs, fire hydrants, or buildings; • All outdoor display and storage areas shall be kept neat and orderly and remain free from trash and debris at all times; • Outdoor display and storage areas shall maintain a minimum level of security lighting, using full cut-off fixtures. C� Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Location Map 1860 N Richmond Road I is 7 JI a_' nr I 0 �1� I 7 JI a_' nr I 0 �1� I Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Proposed Outdoor Storable and Disalav Areas v _ r_. -- - qL --- - - - 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 View looking southeast at proposed 7,560 square -foot outdoor storage and display area View looking southeast at proposed outside display area 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 east at proposed 9,750 square -foot outdoor display area View looking east at proposed 13,500 square -foot outdoor display area 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 Existing Utility Map City of McHenry SPECIAL Planning and Zoning Commission Minutes July 2, 2015 Chairman Strach called the July 2, 2015 special meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Meyer, Strach, Vallez, Sobotta, and Thacker. Absent: Doherty, Bromley. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Planning and Zoning Secretary Wolf. No one signed into speak during Public Input. Public Hearing: Big R Stores File No. Z-867 1860 N. Richmond Rd. Use Variance to allow an Open Sales Lot; Outdoor Storage and Bulk Fuel Storage and Sales ("Accessory Uses") in conjunction with a Retail Store ("Principal Use") and any other Variances required effectuating the aforementioned request Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z- 867, an application for a Use Variance to allow an Open Sales Lot; Outdoor Storage and Bulk Fuel Storage and Sales ("Accessory Uses") in conjunction with a Retail Store ("Principal Use") and any other Variances required effectuating the aforementioned request on the subject property as submitted by Big R Stores for the property located at 1860 N. Richmond Rd., McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on June 10, 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 was Mr. Jerald Sherman, CFO, Big R Stores, 200 N. Ernest Grove Pkwy., Watseka, IL 60970 who was sworn in by Chairman Strach and provided summary of the request before the Commission at this Hearing stating he is CFO and a stockholder of Big R. He further stated that Illiana Realty LLC will actually purchase the property and lease it to Big R. Mr. Jerry Gibbs is the owner and apologizes for being unable to make this hearing. Mr. Sherman stated he is here to ask for a use variance for outside display areas at the property, which is a significant portion of Big R sales. Some displays will be year round but others will be seasonal and there will be an outside cashier in the greenhouse area. Everything done will meet city ordinances. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is located at 1860 N Richmond Road, southeast corner of North Richmond Road (Illinois Route 31) and McCullom Lake Road and consists of approximately nine acres and he has been working with Mr. Sherman and Mr. Gibbs for several months. Big R Stores, a farm and home retailer, and competitor of Farm and Fleet is interested in purchasing the building formerly occupied by Target, which is located on Lot 1 in the McHenry Plaza Shopping Center. McHenry Plaza Shopping Center consists of approximately 194,000 sf. and the former Target building is Planning and Zoning Commission Special July 2, 2015 Meeting Page 2 95,420 square feet. The lot the former Target building sets on consists of nine acres and contains 521 parking spaces. Big R is seeking a use variance to allow: an open sales lot; outdoor storage and bulk fuel storage and sales ("Accessory Uses") in conjunction with their retail business ("Principal Use"). A use variance is required because outdoor sales and display and bulk fuel sales are not permitted uses in the C-3 zoning district, however these uses are commonly associated with this type of business. Home Depot maintains outdoor storage and display areas and is located on North Richmond Road. Home Depot is zoned C-5, however did receive a conditional use permit to allow outdoor sales and storage. Big R's request includes a 28' X 270' (7,560 square -foot) storage and merchandise pick-up area on the north side of the building and depicted on the site plan. It's within this area they are proposing to store bulk kerosene and propane. They are also seeking approval for a 65' X 150' (9,750 square feet) outdoor sales area for seasonal merchandise along the north property line and immediately south of the driveway entrance to the site off of McCullom Lake Road, as well as an outdoor sales area west of the former Target Store consisting of 13,500 square feet (90' X 150'). Lastly Big R would like to utilize the area along the private sidewalk immediately west and adjacent to the building to display merchandise. The proposed outdoor storage and merchandise pick-up area on the north side of the building will be utilized for bulk kerosene and propane sales and storage as well as for farm and agri-business items including: fencing and related fence products, livestock water tank, drain tile, etc. It's within this area customers could look at merchandise and back into the area for loading and pick-up of merchandise. The area will be paved. The State Fire Marshall regulates bulk fuel storage, which is required to be a minimum of 25 feet from the building. Any above -ground bulk fuel storage tank must be constructed and inspected by the State Fire Marshall prior to the tank being filled. Staff is recommending bollards be placed adjacent to the bulk fuel storage tanks. Additionally, this area will be enclosed by a black chain link fence. The former Sears/K-Mart has a similar area immediately to the north of the subject property on the north side of McCullom Lake Road. Along the north side of the building and south of McCullom Lake Road is a thirty-foot easement which extends from the intersection of McCullom Lake Road and Richmond Road east along the northern property line to the east of the building and contains water and sewer mains. The proposed outdoor storage area is located outside of the thirty-foot easement. There is approximately 58.8' from the south side of the existing sidewalk along McCullom Lake Road to the north side of the building on the subject property. There is also a watermain which runs parallel to the former Target building within the easternmost driveway aisle, within a ten -foot dedicated easement, as depicted on the McCullom Place II Final Plat of Subdivision. A large part of Big R's business is the sale of seasonal merchandise as well as outside sales generally. There are three areas Big R is proposing to conduct their outdoor sales: a 9,750 square -foot area along the north property line; a 13,500 square -foot space in the parking lot west of the building and on the sidewalk immediately west and adjacent to the building. The sidewalk abutting the building to the west ranges in width up to a maximum of 25 feet. Form E of the City's zoning ordinance includes approval criteria to be considered when evaluating a request for a use variance. Included are five criteria which the applicant must satisfy to receive a positive recommendation for the request. These are: practical difficulties or particular hardship, Planning and Zoning Commission Special July 2, 2015 Meeting Page 3 reasonable return, unique circumstances, not altering local character and consistency with Lite comprehensive plan. As previously stated other businesses along this corridor have, or former businesses had, similar outdoor display and storage areas; therefore the proposed uses at 1860 N Richmond Road are consistent with and will not alter the character of the area. The former Sears/K- Mart had an outdoor storage and display area; the existing Sears Appliance, located within McHenry Plaza displays items within the parking area, as well as on the sidewalk adjacent to the building. Further, the former Wal-Mart at 2019 N Richmond Road had a large outdoor garden area on the west side of their building and Home Depot, located two blocks to the north of the subject property, currently has outdoor display areas to the east of their building, a permanent fenced -in garden/outdoor display and sales area south of their building and they also store trucks and trailers (up to ten total) in their parking area which are continually rented and dropped -off. Ace Hardware on Crystal Lake Road is zoned C-3 and received a conditional use permit for similar requests which Big R is seeking approval. Ace Hardware has a larger outdoor display area within their parking lot, as well as on the sidewalk east of their building, a fenced -in area adjacent to their building and store/sell bulk propane in a large tank to the southeast of their current building. Staff believes the requests Big R is seeking are reasonable, consistent with the zoning ordinance and comprehensive plan, will not adversely impact adjacent properties and fulfill all of the criteria outlined in Table 32(A) of the zoning ordinance. Director of Economic Development Martin stated it is staffs recommendation for approval of a use variance to allow an open sales lot; outdoor storage and bulk fuel storage at 1860 N Richmond Road subject to several conditions as presented. Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Vallez asked for an explanation of the difference between C3 and C5 zoning. Director of Economic Development Martin explained C5 is least restrictive whereas C3 is more restrictive. C5 zoning allows bulk propane and kerosene storage by right, C3 does not. Discussion ensued regarding the distinctions in zoning. Commissioner Vallez asked if the fuel and propose storage will be in the rear near residential areas or in the front. Director of Economic Development Martin stated it will be at the northwest corner of the building approximately 25' west of the front. Commissioner Vallez stated his only concern was the proximity of the fuel and propane storage to the residences but it appears their location being in front of the building it appears safe. Commissioner Sobotta inquired as to the size of the storage tanks and expressed concern about their placement encroaching on the public walk. Discussion ensued. Director of Economic Development Martin and Mr. Sherman both assured the commission nothing will encroach the public walk further stating that placement and all conditions for the storage tanks are highly regulated by the State Fire Marshall. A berm and bollards will be placed in the area as well. Chairman Strach opened the floor to questions and comments from the audience. Verlene Ducey, 3408 3�d Ave., McHenry, was sworn in by Chairman Strach prior to addressing the Commission. Planning and Zoning Commission Special July 2, 2015 Meeting Page 4 S. Ducey's main concern is the bulk fuel storage and its proximity to the residential houses in the area, including when it is refilled and fuel is delivered. She also expressed a concern about lightning storms and how they could affect the tanks. Mr. Sherman responded that Big R has these tanks safely stored and refilled at 18 different stores in Illinois and Indiana. A tanker truck delivers the fuel and it is pumped into the tanks. Mr. Sherman stated due to the placement of the tanks, deliveries would come in off of McCullom Lake Rd. and would not use the alley or roadway in the rear of the store. Commissioner Sobotta added the State Fire Marshall would require the tanks to be highly grounded in case of lightning. Chairman Strach closed the public comment portion of the hearing at 7:58 p.m. Commissioner Meyer asked the location of the nearest store to McHenry. Mr. Sherman stated the Morris store is probably the closest. Commissioner Thacker inquired when they hoped to open the store. Mr. Sherman stated there is a lot to do but they hoped to open by September. Commissioner Meyer asked if outside Christmas tree sales is done around the holidays as well as other seasonal work. Mr. Sherman stated their store is more upscale than Farm and Fleet, outside Christmas tree sales and other seasonal sales will occur but there is no automotive work done at the stores. Motion by Meyer, seconded by Thacker, to recommend to the City Council with regard to File No. Z-867, an application for a Use Variance to allow an Open Sales Lot; Outdoor Storage and Bulk Fuel Storage and Sales ("Accessory Uses") in conjunction with a Retail Store ("Principal Use") and any other Variances required effectuating the aforementioned request on the subject property located at 1860 N. Richmond Rd., McHenry, IL by applicant Big R Stores, subject to the following conditions, as presented: 1. Size and locations of outdoor display and outdoor storage areas shall be in substantial conformance with the attached site plan which shall be incorporated into any ordinance as an exhibit to be considered by the City Council; major deviations from the attached site plan will require an amendment to the proposed use variance. 2. Written approval from the State Marshall shall be required for the bulk fuel tanks. 3. Bollards shall be placed around the bulk fuel tanks to protect against vehicles hitting the tanks. 4. A certificate of occupancy, including inspection of all proposed outdoor storage and display areas shall be obtained from the City of McHenry. 5. Outdoor display and storage areas consisting of 9,750 square -feet and 7,560 square -feet respectively shall be located outside of the 30' easement area located immediately south of McCullom Lake Road as depicted on the Final Plat of Subdivision for McCullom Place II. 6. Approved ingress and egress to and from the building at 1860 N Richmond Road must be maintained as required by the City's currently adopted building code and all other applicable ordinances, rules and regulations. 7. Sidewalk adjacent to and immediately west of the building shall not be reduced to a clear usable width of less than 48-inches at any time so as not to impede pedestrian traffic. 8. A minimum of four -feet of horizontal clearance must be maintained between any outdoor display and, trees, landscaping, utility poles, sign poles, fire hydrants, shelters and other similar devices or structures. 9. Pedestrian and motor vehicle vision clearance must not be blocked, impeded and/or comprised at intersections, driveways, doors and signage by any outdoor display and/or storage area. Planning and Zoning Commission Special July 2, 2015 Meeting Page 5 Product being displayed and/or stored outdoors is not permitted to be located within two -feet of the latch side of any door. 10. Alcoholic beverages, tobacco, firearms, munitions, adult oriented items, or any other article or product that a minor (as defined by Federal, State, or local ordinance) is prohibited from purchasing by law, shall not be permitted to be displayed or stored outside of the building at 1860 N Richmond Road. 11. McHenry County Health Department approval must be obtained prior to placing anything outdoors or indoors that can be eaten, consumed or ingested or otherwise requires a permit for that agency. 12. Unless permitted by ordinance or approval is obtained by the City Council the use of signage, pennants, banners, flags lighting, electric amplification or noise making devices shall not be used to attract attention to any of the outdoor display or storage areas. 13. Items located within outdoor displays and/or storage areas must be placed on an approved surface such as concrete, asphalt or paver bricks. Outdoor display and storage area items will not be permitted to be permanent anchored or secured to the ground or temporarily or permanently anchored to trees, signs, fire hydrants, or buildings. 14. All outdoor display and storage areas shall be kept neat and orderly and remain free from trash and debris at all times. 15. Outdoor display and storage areas shall maintain a minimum level of security lighting, using full cut-off fixtures, be granted, and that Table 32(A), of the Zoning Ordinance, has been met. Voting Aye: Nadeau, Strach, Vallez, Sobotta, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Bromley. Motion carried 5-0. Chairman Strach closed the Public Hearing regarding File No. Z-867 at 8:05 p.m. Adjournment Motion by Sobotta, seconded by Meyer, to adjourn the meeting at 8:05 p.m. Voting Aye: .Nadeau, Strach Vallez, Sobotta, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Bromley. Motion carried 5-0. The meeting was adjourned at 8:05 p.m. Respectfully submitted, Dorothy M. Wolf, Planning &Zoning Secretary City of McHenry ORDINANCE NO. 15- AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW AN OPEN SALES LOT; OUTDOOR STORAGE AND BULK FUEL STORAGE AT 1860 N RICHMOND ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by Big R Stores, 200 N Ernest Grove Parkway Watseka, IL 60970 ("Applicant") requesting a use variance to allow an open sales lot; outdoor storage and bulk fuel storage at 1860 N Richmond Road ("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 July 2, 2015 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission voted (5-0) in favor of the use 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 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 an open sales lot; outdoor storage and bulk fuel storage subject to the following conditions: • Size and locations of outdoor display and outdoor storage areas shall be in substantial conformance with the attached site plan attached hereto and incorporated herein as Exhibit B and major deviations from the attached site plan will require an amendment to the proposed use variance; • Written approval from the State Marshall shall be required for the bulk fuel tanks; • Bollards shall be placed around the bulk fuel tanks to protect against vehicles hitting the tanks; • A certificate of occupancy, including inspection of all proposed outdoor storage and display areas shall be obtained from the City of McHenry; • Outdoor display and storage areas consisting of 9,750 square -feet and 7,560 square -feet respectively shall be located outside of the 20' easement area located immediately south of McCullom Lake Road as depicted on the Plat of Survey of the subject property attached hereto and incorporated herein as Exhibit C; • Approved ingress and egress to and from the building at 1860 N Richmond Road must be maintained as required by the City's currently adopted building code and all other applicable ordinances, rules and regulations; • Sidewalk adjacent to and immediately west of the building shall not be reduced to a clear usable width of less than 48-inches at any time so as not to impeded pedestrian traffic; • A minimum of four -feet of horizontal clearance must be maintained between any outdoor display and, trees, landscaping, utility poles, sign poles, fire hydrants, shelters and other similar devices or structures; • Pedestrian and motor vehicle vision clearance must not be blocked, impeded and/or comprised at intersections, driveways, doors and signage by any outdoor display and/or storage area. Product being displayed and/or stored outdoors is not permitted to be located within two -feet of the latch side of any door; • Alcoholic beverages, tobacco, firearms, munitions, adult oriented items, or any other article or product that a minor (as defined by Federal, State, or local ordinance) is prohibited from purchasing by law, shall not be permitted to be displayed or stored outside of the building at 1860 N Richmond Road; • McHenry County Health Department approval must be obtained prior to placing anything outdoors or indoors that can be eaten, consumed or ingested or otherwise requires a permit for that agency; • Unless permitted by ordinance or approval is obtained by the City Council the use of signage, pennants, banners, flags lighting, electric amplification or noise making devices shall not be used to attract attention to any of the outdoor display or storage areas; • Items located within outdoor displays and/or storage areas must be placed on an approved surface such as concrete, asphalt or paver bricks. Outdoor display and storage area items will not be permitted to be permanent anchored or secured to the ground or temporarily or permanently anchored to trees, signs, fire hydrants, or buildings; • All outdoor display and storage areas shall be kept neat and orderly and remain free from trash and debris at all times; • Outdoor display and storage areas shall maintain a minimum level of security lighting, using full cut-off fixtures. SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1) For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. 4) The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 5) The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. SECTION 3: 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 and APPROVED this 20th day of July 2015. Voting Aye: Voting Nay: Abstaining: Not Voting: Absent: ATTEST: City Clerk Mayor Exhibit A Legal Description of Subject Property Exhibit B Site Plan Exhibit C Plat of Survey Big R Stores, a privately owned multi location farm and home store retailer, opened its first store in 1964 at Watseka, Illinois which is also the location of the corporate headquarters. Since that time, Big R has grown to 19 locations in North Central Illinois and Indiana. Central Big R Stores, Inc., 90% owned by Jerry L. Gibbs (CEO) and 10% owned by Jerald L. Sherman (CFO) wishes to open a new Big R Store at the former Target Store location in McHenry, Illinois. In order for Big R to be successful at this location, the following zoning ordinance variance are necessary: 1. During the months of March through June, lawn and garden sales are a significant portion of Big R's sales. It is imperative that Big R be able to maintain an outside sales and display area for this purpose. Big R requests approval of an area of 90 feet by 150 feet (approximate area shown on site plan) for this purpose. This area will be kept neat and clean while surrounded by portable black chain link fence that will be downsized at the end of the lawn and garden season which is normally July 1't 2. A major portion of Big R's sales throughout the year are farm and agri-business related. It is imperative that Big R be able to maintain and outside storage, display and loading area for these types of items. Examples are: fence, fence posts, livestock water tanks and coils of drainage tile. Big R requests approval of an area of 28 feet by 270 feet (approximate area shown on site plan) and also an area of 65 feet by 150 feet (approximate area shown on site plan) for this purpose. This area will be kept neat and clean while surrounded by permanent black chain link fence. 3. Big R needs to display various merchandise available for sale outside in front of the store. This would be the immediate area adjacent to the front wall (West side of building) with a depth of up to approximately 8 feet. This generally is the sidewalk area. Big R requests a variance to allow for this display to be maintained overnight. Items stored outside would be very similar to the Home Depot Store. FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number "27&� 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 1. Name of Applicant Address � o � 2. Name of Property Owner (If other than Applicant) Address 1�7 3. Name of Engineer (If represented) Address 0 5 6. City Name of Attorney (If represented) Address 57ctee3 Common Address or Location of Property Requested Actions) (check all that apply) _ Zoning Map Amendment (Rezoning) Conditional Use Permit —Zoning Variance _Other State Zip Fax Tel Fax Tel Fax �P - !I _ Zoning Variance —Minor �` Zo ' g 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 REAM "111A 8. Current Zoning Classcation of Property, Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: East: West: 10. Required Attachments (check all items submitted) i' ddddd 1444 Please refe "e Public Hearing Requirements Checklist to determine the required attachments. 1,,�'Application Fee (amount) $ 0 2 arrative Description of Request 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application 6. XjO D — Zoning Variance Application ROE — Use Variance Application Proof of Ownership and/or Written Consent from Property Owner in the Form of an ffidavit 9. Survey with Legal Description -Owners of all Adjoining Properties Pu earing Notice 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 FORMA Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(sL Print Name and Designation of Applicants) FORM A Page 3 of 3 FORM E USE VARIANCE Planning and Zoning Commission City of McHenry File Number 333 South Green Street � McHenry, IL 60050 � TeI: (815) 363-2170 a 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 resnonci fo each of these; conditions as it relates to ., oty it ►•ec�uest. 1. Practical T�ifficulties or l'lrticalar I�ardship 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. R 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 districtt../ ss�� 1 • 44 3. Utiiclud Cit•cutnslance 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. 1_c te�f9r'w'ri 4wo D 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. /r �x��i ?fZ�x�.r, faa/.c>>i?��� i �i.,�rr le.�r1f+ /:riv'?.> ;�/.fli/l.C��. f��''_t��! f,-f'l f.� Dt�../r'�`�.! `--" f�f..�`it� ���"3 �LG��.� �Ir G--�l �•�rl�i� sG 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 PIan of the City, as viewed in light of any changes conditions since their adoption. FORME Page 2 of 2 30047' at6Ce=_' TARGETS SITE LIGHTING SPECIFICATIONS. zs• o�rs6• 100• zoo• SCALE RICHMOND ROAD (IL RTE, 31) LW I l�.iI'ti 226.20' I I I �I 1 R6192? --I I, RETAIL STORES boss I� J ��sono� I i 330,67' TARGET I ' I p a 2.d7' E ' • OCTOBER 6, 1993 PROPOSED% RETAIL DEVELOPMENT G.&H.DEVELOPMENT CORPORATION KAPLAN MANGURTEN ARCHITECTS S.E.C. 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Aumxw mvxs o50Nae n`WiON ..P MI""Rr°° Tma Am. �S71600011"E(M) S71605120"E(R) MINTALAW u,r 11 T Tw MIND "ESill U rsMP 77 AI'/RbM1 rewDE S. � S00'S4'23"E(M) SDO'59'32"E(R) suRVEroxs �RnFIUTE mom AL<mlc mDMPII (0� 'RK) ASwi ON ODRsmus wsuwr.Rmwurc WAS 3 r ai MODERATED Of ALTA ARM MAN. MmTmIEAn�v. AND MSTREAL 31, R. 3, MEHRA), N;R%UPAk YolAe< 6'• Gam' D°RR "g: kMCRx1]MI6 MmENm,.,Dm mY. for Rs,„ mA,a,A.m,oRAEwNMN.wM... ,xEm.RMrm,mNNmMYN �j$dd� aO w� AN l7 , fn S SHEET 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 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: July 20, 2015 Regular City Council Meeting RE: Economic Incentive Agreement between the City of McHenry and Central Big R Stores ATT: 1. Ordinance authorizing the Mayor's execution of an Economic Incentive Agreement between the City of McHenry and Central Big R Stores 2. City Council Meeting Minutes dated January 19, 2015 3. Draft Economic Incentive Agreement between the City of McHenry and Central Big R Stores BACKGROUND: In 2011 the City entered into an Economic Incentive Agreement with Regency Centers to facilitate the completion of the former Do inlCk'S building at the north half of the McHenry Commons Shopping Center adjacent to Richmond Road. The agreement included a maximum total payment to Regency Centers of $677,499.49. The rebate is equivalent to 100% A the base sales tax but does not include the home rule sales tax the City passed in 2010. Therefore Regency receives a rebate in the amount of 1% of the gross sales generated annually by Hobby Lobby and the City retains the .5% home rule sales tax generated from the annual revenue by Hobby Lobby. The term of the agreement is such that it expires the earlier of any of the following to occur: City's payment to Regency reaches the maximum total payment ($677,499.49); the permanent closure of the Hobby Lobby Store prior to Regency Centers receiving the maximum total payment; or twenty years following the commencement date of the agreement. The purpose the rebate was to offset a portion of the costs incurred, which exceeded $1,000,000, converting approximately 53,000 square feet of vacant retail space, formerly occupied by Dominick's, so Hobby Lobby could move -in. The remaining 23,000 square -feet of the same building is occupied by Goodwill of Northern Illinois but only redevelopment costs 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 attributed to the 53,000 square feet were factored into the incentive agreement. Council will recall Dominick's closed their store in 2007 and the building had been vacant for four years. On January 19, 2015 the City Council approved an economic incentive agreement with CVS Pharmacy to recoup the expense incurred by CVS in acquiring the Firestone property as part of their redevelopment of the northwest corner of Front Street and Elm Street. The agreement has a 10-year term, in the form of a sales tax rebate not -to -exceed $175,000. Attached is a proposed Economic Incentive Agreement between the City and Central Big R Stores for the redevelopment of the property located at 1860 N Richmond Road (former Target Store). Target purchased the property in 1992 for $2,000,000 and opened its store in 1994. The proposed incentive agreement with Central Big R Stores includes a 100% sales tax rebate which would be rebated to Central Big R Stores annually by the City for a maximum reimbursement not -to -exceed $400,000. ANALYSIS: The proposed agreement is solely for the reimbursement of equipment and fixture purchases, for the following items, up to a maximum reimbursement of 5400,000. Fixtures to display inventory for sale and accompanying Interior Display Signage $350,000 Information Technology equipment and related software licenses $70,000 Video cameras/monitoring equipment - $30,000 Material Handling Equipment $5%000 The term of the agreement is five years and only includes the base sales tax or 1% tax of the total gross receipts and does not include the additional .5% home rule sales tax, which the City would retain. Following is a chart outlining the proposed terms of the Agreement: Sales Tax Incentive Year Sales Tax Incentive Annual Payment (expressed as Base Sales Tax Total Payment a percentage of up to a Maximum of $400,000) December 31, 2016* 100% December 31, 2017 100% December 31, 2018 100% December 31, 2019 100% December 31, 2020 100% 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 *Sales Tax Incentive Annual Payment for the December 31, 2016 Sales Tax Incentive Year shall include Base Sales Tax received by the City in 2015 in addition to the Base Sales Tax in 2016. Big R is estimating annual gross sales initially at $8 million and to reach about $11 million after the first few years the store is open at 1860 N Richmond Road. Using the $8 million figure the estimated sales tax rebate would be $80,000/year (1% of gross receipts) and the City would realize $40,000 annually (home rule sales tax). In 2021 or earlier as stipulated below the City's estimated annual sales tax revenue from the Big R store would be $120,000-$165,000. The assessed valuation on the property (1860 N Richmond Road) decreased by $57,194 from 2013- 2014, and the City will receive $14,391 in property taxes (2014 property taxes payable in 2015). The proposed Agreement terminates on the earlier to occur of: (a) the City's Maximum Total Payment to Big R; (b) the Permanent Closure of Big R, defined in Paragraph Six prior to Big R's receipt of the Maximum Total Payment; (c) December 31, 2020 or (d) Improvements to the Subject Property are not completed and a certificate of occupancy obtained by December 31, M15. This Agreement shall remain in effect for enforcement and accounting purposes following the expiration of the Term. The City Council adopted an Economic Development Strategy in 2011 and below is the evaluation criteria set forth in that policy by which requests such as sales tax rebates should be evaluated. Evaluation Criteria Each request shall be generally evaluated based upon the following criteria. L. Consistency with the City's Economic Development Plan and Economic Development Strategy. 2. Revenue benefit to the City. 3. Level of circumstances with the property characteristics that create challenges or practical difficulties regarding the development of the site. 4. Number and quality of jobs produced. 5. Strong public benefit to the City. 6. The ability of the development to spur additional economic development in the area. 7. The impact of a proposed development on the existing businesses within the City. 8. Level of applicant's creditworthiness and financial strength. 9. Level of compliance with approved design guidelines and development standards. l: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 Staff believes the proposed agreement is justified due to the extraordinary circumstances surrounding the proposed redevelopment. It is estimated Big R will spend approximately $1,327,000, which does not include the purchase of the property or the initial inventory expenditures. Staff has been working with Big R and the developer of the property for several months to complete this project. The subject property (former Target site) is a key redevelopment piece within the City because of its visibility, accessibility and amount of traffic which traverses north Richmond Road and is critical to the future viability of the McHenry Plaza Shopping Center and adjacent commercial corridor. Additionally, the former Target building is one of three buildings currently vacant at the intersection of McCullom Lake Road and Richmond Road which include: the former Target building (96,000 square feet); former Wal-Mart building (116,000 square feet) and the former Sears/K-Mart building (87,000 square feet). Filling the former Target Store is the first step in the revitalization process of McHenry Plaza. Big R will purchase the former Target lot from the developer who has the contract on the property. Following, it's the developer's intention to construct an outlot in front of the Big R store and working with the other owners of McHenry Plaza to amend the existing operation and easement agreement, which is a private agreement amongst all the owners in the center, and attract additional tenants to the shopping center. Rebates should be considered very closely and on a case by case basis which has been the policy of the City Council. Staff believes the proposed rebate is not excessive and the positive impacts the redevelopment will have, both financially, aesthetically and also to City residents and businesses far exceed the requested financial incentive. If the City Council concurs it's recommended the attached ordinance authorizing the Mayor's execution of an Economic Incentive Agreement between the City of McHenry and Central Big R stores be approved. -Mdlmbb�� q ORDINANCE NO. 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 AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT BETWEEN THE CITY OF MCHENRY AND CENTRAL BIG R STORES WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: The Economic Incentive Agreement, bearing the date of July 20, 2015, between the City of McHenry and Central Big R Stores is attached to this ordinance and incorporated herein by reference as Exhibit "A". SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authores 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 bylaw. PASSED THIS DAY OF AYES: NAYS: ABSTAINED: ABSENT: 5 201 NOT VOTING: APPROVED THIS ATTEST: CITY CLERK Department of Community & Economic Development McHenry Municipal Center DAY OF , 2015 MAYOR 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us L 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 REGULAR MEETING MINUTES January 19, 2015 CONDITIONED UPON APPROVAL OF AGENDA ITEM NO. 9: APPROVAL OF AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE CITY OF MCHENRY AND CVS/PHARMACY City Administrator Morefield reiterated to Council that in 2011 the City of McHenry entered into an Economic Incentive Agreement with Regency Centers to facilitate the completion of the former Dominick's building at the north half of the McHenry Commons Shopping Center adjacent to Richmond Road. Regency Centers received a rebate in the amount of 1% of the gross sales generated annually by Hobby Lobby and the City retains the .5% home rule sales tax generated from the annual revenue by Hobby Lobby. The terms of the Agreement are such that it expires the earlier of any of the following to occur: 1. The City's payment to Regency reaches the maximum total payment, $677,499.49; 2. The permanent closure of the Hobby Lobby store prior to Regency Centers receiving the maximum total payment; or 3. Twenty years following the commencement date of the Agreement. The purpose of the rebate was to offset a portion of the costs incurred, which exceeded $1,000,000, converting approximately 53,000 square feet of vacant retail space, formerly occupied by Dominick's, so that Hobby Lobby could move in to the property. The remaining 23,000 square feet of the same building is occupied by Goodwill of Northern Illinois, but only redevelopment costs attributed to the 53,000 square feet were factored into the Incentive Agreement. City Administrator Morefield noted that Dominick's closed in 2007 and the building stood vacant for four years. CVS Pharmacy has been undertaking the redevelopment of the northwest corner of Elm Street and Front Street. The costs associated with the project are significant. In addition to the projected costs of the redevelopment, an unexpected cost was incurred with the acquisition of the former Firestone property. CVS completed their site plan and was preparing to move forward with the project without the Firestone site, however, due to easements and the obligations associated with easements that had been in place for more than 30 years, together with the shape and topography of the property, CVS had to seek the purchase of the Firestone property approximately six weeks ago at a cost of $175,000. 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 CVS subsequently performed a Phase I and Phase II environmental impact study on the Firestone site to insure there is no contamination. No contamination exists, however, as part of the project CVS needs to demolish the Firestone building and include the property as part of the development. Additionally, the freestanding Firestone sign will be removed. CVS is seeking to recoup the expense incurred in acquiring the Firestone property in the form of a sales tax rebate because this was not a cost they originally anticipated. They had hoped to each an agreement with the owners of the Firestone site to modify the existing easement so both Firestone and CVS could co -exist. Unfortunately, a mutually beneficial agreement could not be reached and CVS entered into a purchase agreement with Firestone to purchase the property for $175,000. City Administrator Morefield summarized the Economic Incentive Agreement, which includes A 50% sales tax rebate, which would be rebated to CVS annually by the City of McHenry for five years and 25% annually for the subsequent five years, up to a maximum reimbursement of $175,000, and includes the following terms: Commencing on the effective date of the Agreement and ending on the earlier to occur of: a) The City's maximum total payment to CVS (sales tax incentive maximum of $175,000); b) The permanent closure of CVS prior to CVS's receipt of the maximum total payment (sales tax incentive maximum of $175,000); c) December 31, 2025; or d) Improvements to the Subject Property are not completed and a Certificate of Occupancy obtained by December 31, 2015. City Administrator Morefield noted that unlike the Regency Agreement the proposed CVS Agreement is for a maximum of 10 years. Staff believes the proposed Agreement is justified due to the extraordinary circumstances surrounding the proposed redevelopment. The subject property is a key redevelopment site within the City due to visibility, accessibility and the amount of traffic traversing the adjacent roadways. However, it is a challenging site to redevelop due to the existing building that needs to be razed, topographical considerations and the fact that it is extremely visible and adjacent to a City park (A. P. Freund Field). CVS has not requested any type of financial rebate or incentive until the unanticipated purchase of the Firestone property. 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 Motion by Condon, seconded by Santi, approving the Ordinance authorizing the Mayor's execution of an Economic Incentive Agreement between the City of McHenry and CVS Pharmacy. Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Blake. Absent: None. Motion carried. 0 ECONOMIC INCENTIVE AGREEMENT BETWEEN THE CITY OF MCHENRY AND BIG R This Economic Incentive Agreement ("Agreement") is made and entered into this 20tn " day of July, 2015 ("Effective Date), by and between the City of McHenry, 333 S Green Street, McHenry County, Illinois, an Illinois home rule municipality ("City") and Central Big R Stores Inc., an Illinois Corporation, 200 N Ernest Grove Parkway, Watseka, IL 60970 ("Big R"). RECITALS A. The City is a home rule municipality and as such has the authority, pursuant to Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs. B. In recognition of the importance to sustaining ahigh-quality of life for businesses and residents, it's the City's desire to facilitate a successful business environment and assist in enhancing the long-term viability of existing and proposed businesses. Big R is proposing to purchase an approximately 95,420 square -foot building on approximately nine acres of real property and open a farm home retail store with accompanying outside storage and display of merchandise including but not limited to: lawn and garden and farm products; fence, fence posts, livestock water tanks and coils of drainage tile under Illinois Business Tax No. at 1860 N Richmond Road (Illinois Route 31), Lot 1 in the McHenry Plaza Shopping Center (the "Subject Property") legally described on attached Exhibit "A" attached hereto and incorporated herein. C. The City and Big R desire to enter into this Agreement to foster the long-term use of the Subject Property in a manner that will enhance the City. D. Big R intends to undertake substantial expenses including but not limited to: site preparation including construction of multiple outdoor sales and storage areas to accommodate their lawn and garden, farm and other products on Subject Property, as well internal building renovations to utilize the existing building to in an efficient manner to display, sell and ensure the security of their customer and products ("Improvements to Subject Property by Big R") attached hereto and incorporated herein on Exhibit "B." Big R has indicated to the City that, but for the commitment and agreement of the City being made herein, Big R would not have undertaken the Improvements to the Subject Property. E. As part of their Improvements to the Subject Property Big R will be purchasing fixtures to display and inventory products, information technology equipment and software, as well as video cameras and associated monitoring equipment ("Equipment Purchases") attached hereto and incorporated herein as Exhibit "C." F. It is essential to the economic and social welfare of the City that it promotes the economic vitality of the community by assuring opportunities for development and 1 redevelopment and sound and stable commercial growth within the corporate limits of the City. G. In order to make it economically feasible for Big R to agree to successfully accomplish the Improvements to the Subject Property and incur the aforementioned Improvements the City has agreed to share a portion of the Sales Tax, as defined herein, generated by Big R at the Subject Property in an amount not4o-exceed $400,000. ("Sales Tax Incentive") for Equipment Purchases included on Exhibit "C." DEFINITIONS "Base Sales Taxes" means the retailers occupation taxes and service occupation taxes received by the City, generated solely at the Subject Property and by Big R, from the State of Illinois pursuant to the Service Tax Act (35 ILCS 115/1 et seq.), the Retailers Occupation Tax Act (35 ILCS 120/1 et seq.), and the State Finance Act (30 ILCS 105/6z-18) (as amended), and any taxes that are enacted and imposed as replacements thereto. "City Payment Obligation" means the City's obligation to pay Big R Sales Tax as set forth in Paragraph One. The Commencement Date" means December 31, 2016 and is the first date the City shall pay a Sales Tax Incentive Annual Payment, as defined herein, to Big R as set forth in Paragraphs Two and Three. "Event of Default" means a default under this Agreement which remains uncured as set forth in Paragraph Nine. "Gross Receipts" means as defined in the Retailer's Occupation Tax Act (35 ILCS 120/1 et seq.). "Home Rule Sales Tax" means the home rule retailers occupation taxes received by the City, generated solely at the Subject Property and by Big R, from the State of Illinois pursuant to the Home rule Municipal Retailers' Occupation Tax Act (65 ILCS 5/&11-1.1) (as said Act may be amended), and any taxes that may be enacted and imposed as replacements thereto. "IDOR" means the Illinois Department of Revenue. "Maximum Total Payment" shall mean the maximum total amount paid to Big R pursuant to this Agreement as set forth in Paragraph Two. "Sales Tax Incentive" means the payment set forth in Paragraph One and in accordance with the Sales Tax Incentive Annual Payment outlined in Table One. "Sales Tax Incentive Annual Payment" expressed as a percentage of sales tax, as defined herein and outlined in Table One. "Sales Tax Incentive Year" means the preceding twelve -months of the calendar year, with the exception of the Sales Tax Incentive Year ending December 31, 2016 as outlined in Table One. "Table One" includes the sales tax incentive year and sales tax incentive annual payment as defined herein. 2 Now, therefore, based on the consideration stated herein, the adequacy and sufficiency of which is acknowledged by the parties hereto, it is agreed as follows. 1. Agreement to Pay. The City agrees to pay a Sales Tax Incentive to Big R an amount equal to one hundred percent (100%) of the Base Sales Tax received by the City from IDOR which are attributable to the gross sales generated at the Big R Store to be developed on the Subject Property. The City's Payment Obligation shall continue for so long as the Big R Store is generating Base Sales Taxes. Big R acknowledges and agrees Home Rule Sales Taxes received by the City which are attributable to sales generated at the Big R store shall be retained by the City. Big R also acknowledges the Sales Tax Incentive shall be utilized solely for the reimbursement to Big R for purchases of Equipment included on Exhibit "C" not exceeding the Maximum Total Payment as defined herein. Big R acknowledges that prior to any Sales Tax Incentive payment distribution Big R shall provide the City evidence of the expenditure for which reimbursement is being sought including the following information: Paid invoice(s), which includes an itemization of each Equipment expenditure; date of Equipment purchase; company from which Equipment was purchased from including name, address and federal tax identification number; a reference on the paid invoice indicating the Equipment's purchase for use on the Subject Property; as well as a sworn affidavit of purchase, by an officer of Big R including name, address and title and/or position within the Big R organization, signed and notarized. 2. Sales Tax Incentive. On December 31, 2016, ("Commencement Date") and on each anniversary of December 31 thereafter the City shall be obligated to pay the Sales Tax Incentive to Big R up to a cumulative amount of $400,000 ("Maximum Total Payment"). The amount shall be paid by the City to Big R in accordance with the timeline in Paragraph Three and amounts outlined in Table One below ("Sales Tax Incentive Annual Payment"). TABLE ONE Sales Tax Incentive Year Sales Tax Incentive Annual Payment (expressed as Base Sales Tax Total Payment a percentage of up to a Maximum of $400,000) December 31, 2016* 100% December 31, 2017 100% December 31, 2018 100% December 31, 2019 100% December 31, 2020 100% Cj *Sales Tax Incentive Annual Payment for the December 31, 2016 Sales Tax Incentive Year shall include Base Sales Tax received by the City in 2015 in addition to the Base Sales Tax in 2016. 3. Sales Tax Reports/AccountinS. Within sixty (60) days after The Commencement Date and sixty (60) days following each subsequent Sales Tax Incentive Year a Sales Tax Incentive Annual Payment shall be paid to Big R by the City until the Maximum Total Payment is reached. Big R shall provide the City with a statement, accompanied by a summary of the Gross Receipts for such Sales Tax Incentive Year, in a form reasonably acceptable to the City, signed by one of its officers, which shall set forth the dollar amount of Sales Tax paid to the State of Illinois, generated solely from sales at the Subject Property, for the benefit of the City. This information will be used by the City in calculating the Sales Tax Incentive Annual Payment, Big R shall maintain and have available for inspection by the City copies of any and all sales tax returns, sales tax reports, amendments, proof of payment or any other sales tax information filed with the State of Illinois or other appropriate governmental entity, which documents are being held available for the City for purposes of identifying sales tax collected pursuant to this Agreement. The City shall use its best efforts to obtain such sales tax information directly from IDOR and/or the State of Illinois. 4. Confidentiality of Financial Information. To the extent permitted bylaw, the City shall endeavor to maintain the confidentiality of the information contained in any financial reports submitted by Big R including the sales tax information received by the City, but shall be permitted to disclose such information and documents to employees and consultants of the City as the City in its sole discretion, deems appropriate in order to monitor compliance and audit this Agreement and comply with the Illinois Freedom of Information Act ("FOIA") and any court order or other legal requirement. The City shall give Big R notice of any request that is made under the Freedom of Information Act to disclose the Sales Tax Information. Big R shall execute any consent form requested by the City and furnish such additional consents may be required by IDOR to allow IDOR to furnish to the City sales tax information pertaining to sales on the Subject Property. 5. Mutual Assistance. The City and Big R agree to do all things necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms hereof. 6. No Interest; Limited Obligations. No interest shall be due on the obligations set forth in this Agreement. Big R acknowledges that: (a) the City shall not be required to make any Sales Tax Incentive Annual Payment set forth in Paragraphs Two and Three and included in Table One to Big R unless Big R has then delivered, to the City the IDOR form Authorization to Release Sales Tax Information to Local Governments that is needed to facilitate the City's Payment Obligation; (b) the City's Payment Obligation is a limited obligation of the City payable solely out of the Base Sales Taxes the City receives from the IDOR which are generated by Big Rat the Subject Property; (c) the sole source of Big R's entitlement to payment of the Sales Tax Incentive shall be from those generated solely from the aforesaid Base Sales Tax; (d) the City's Payment Obligation shall not be construed as general obligation of the City; and (e) Big R bears all risk of non-payment resulting from the permanent closure of Big R. For purposes of this Agreement, Big R shall be deemed to have closed permanently if it is closed and the Subject Property remains either vacant or unoccupied for a period of six (6) or more consecutive " months (Permanent Closure"). 7. Term. This Agreement shall be in full force and effect for a Term commencing on the Effective Date of this Agreement and ending on the earlier to occur of: (a) the City's Maximum Total Payment to Big R; (b) the Permanent Closure of Big R, defined in Paragraph Six prior to Big R's receipt of the Maximum Total Payment; (c) December 31, 2020 or (d) Improvements to the Subject Property are not completed and a certificate of occupancy obtained by December 31, 2015. This Agreement shall remain in effect for enforcement and accounting purposes following the expiration of the Term. 8. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the City and Big R and on successor corporate authorities of the City. Notices required or contemplated by this Agreement shall be sent by certified mail or First Class United States Mail as follows: If to Big R: Watseka Rural King Supply, Inc., 200 N Ernest Grove Parkway, If to the City: With a copy to: Watseka, IL 60970 Attention: Jerald Sherman, CFO or Jerry Gibbs, CEO City of McHenry 333 S. Green Street McHenry, IL 60050 Attention: City Administrator David W. McArdle Zukowski, Rogers, Flood &McArdle 50 Virginia Street Crystal Lake, Illinois 60014 9. Default. In the event of a claimed default under this Agreement, the non - defaulting party shall provide notice of default to the defaulting party. No legal action may be commenced with respect to a claimed default until thirty (30) days after said notice has passed, during which time the claimed defaulting party may cure the claimed default. This Agreement shall be governed by Illinois law without regard to its rules regarding conflicts of law. G� 10. Enforcement. Any action to enforce this Agreement shall only be filed in the Twenty -Second Judicial Circuit, McHenry County, Illinois. The party who prevails in any such action shall be entitled to recover its reasonable attorney's fees from the other party. 11. Only Agreement. This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between Big R and the City relative to the Sales Tax Incentive and there are no other promises, agreements, conditions or understandings, oral or written, express or implied, between them relative thereto. This Agreement may only be amended by way of a written instrument that is signed by both Parties. City of McHenry By: Susan E. Low Mayor Attest: Janice C. Jones City Clerk 0 Big R By: Print Name and Title Attest (Big R): By: Print name and Title Exhibit A Legal Description of the Subject Property 7 Exhibit B Improvements to the Subject Property by Big R Real estate purchase $1,9007000 Inventory $3,000,000 Fixtures $350,000 ON systems $50,000 Material handling equipment $50,000 Box crusher /recycling $25,000 Computers &licenses $70,000 Video camera/monitoring $30,000 Sensormatic inventory theft $40,000 Parking lot repair $80,000 HVAC replacement $150,000 Add outdoor sales area to North of store $75,000 Remove floor the/polish concrete $100,000 Wood grain floor the $35,000 New interior lighting/ballast replacement $60,000 Interior remodel/build out $50,000 Bathroom remodel $25,000 Interior painting $25,000 Update of foyer $25,000 Interior signage $12,000 Exterior signage $75,000 Total Improvement Expenditures $6,2270000 Exhibit C Equipment Purchases Interior Display Signage and accompanying Fixtures to display inventory for sale - $350,000 Information Technology equipment and related software licenses - $70,000 Video cameras/monitoring equipment- $30,000 Material Handling Equipment $50,000 $500,000* *Maximum total reimbursement shall not exceed $400,000 E DATE: TO: Id:Z�]►�iA City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT July 20, 2015 Mayor and City Council Derik Morefield, City Administrator RE: Consideration of an Ordinance Amending Chapter 7.50 (Signs), Section 7.50.2 (General Provisions), Subsection E (Nonconforming Signs), Paragraph 2 (Other Signs) of the McHenry Municipal Code ATT: 1. Community Development Committee Minutes dated: 1/17/12; 2/21/12; 5/15/12; 3/13/15; and 6/22/15 2. City Council Minutes dated 10/1/12 3. 2013 and 2014 Notification Letters Sent to Property Owners 4. Memorandum for Recording 5. Correspondence from Property Owners/Businesses 6. Spreadsheet identifying remaining non -conforming signs with an identification of the non -conformity type 7. Ordinance Amending Chapter 7.50 (Signs), Section 7.50.2 (General Provisions), Subsection E (Nonconforming Signs), Paragraph 2 (Other Signs) of the McHenry Municipal Code Background In 2006, amendments to the City's sign ordinance were adopted by the City Council. Included within those amendments was the regulation and amortization of non -conforming free- standing signs with the inclusion of the following language: E. Nonconforming Signs 1) Temporary Signs All non-exempt temporary signs shall be either removed or brought into full conformity with the requirements of this Ordinance within 45 days of the adoption thereof or of any amendment thereto. City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 1VIcHenr � Fax: (815) 363-2119 www.drachenry.iLus saw 2) Other Signs (MC-06-892) All other non-exempt signs lawfully existing, or holding Sign Permits issued, prior to the date of adoption of this Ordinance, but which are not in conformance with these regulations, may be continued as nonconformities until 810712013. Prior to 810712013 they must be brought up to the new standards or pay an annual permit fee as outlined below. If a property having a nonconforming sign is vacant for a period of 90 consecutive days, or has any change in occupancy or use, any new sign on the property must meet the requirements of this Section. No nonconforming sign may otherwise be replaced with another nonconforming sign. Nonconforming signs shall be subject to all the requirements governing the continuation of nonconforming structures as provided in the regulations governing Nonconformities in this Ordinance. Sign Type Annual Fee Freestanding commercial sign < 15' high $400.00 Freestanding commercial sign > 15' high $800.00 Freestanding/billboard off -site sign $1500.00 Portable signs $200.00 The annual fee will be used to pay for annual re -inspections of the nonconforming signs and to fund City improvements to aesthetically enhance certain important roadways and/or the adjacent areas to the non -conforming signs by locating street trees, installing sidewalks, under grounding utilities, or other improvements beneficial to the public. On January 17, 2012 and February 21, 2012 the Community Development Committee discussed the impending August 71 2013 amortization deadline for all noncompliant free- standing signage. Staff was directed by the Committee to investigate the matter further in order to verify if the original intent of the ordinance was being met and present recommendations indicating how staff should move forward. In May of 2012 staff presented the issue to the Community Development Committee following a review of the 2006 changes, conversations with the City Attorney, compilation of cost estimates for businesses to comply with the ordinance, and completion of a comprehensive survey of businesses which had non -conforming signs and would be impacted by the ordinance. On October 1, 2012 the City Council approved a two year extension of the amortization period. This two-year extension was initiated and supported by staff and City Council with an City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us understanding of the burden that would be placed on businesses during Cl turbulent and uncertain economy and the belief it would have posed an undue hardship on property owners to enforce the existing deadline; therefore the amortization deadline was extended until August 7, 2015. The direction by the Community Development Committee and City Council in 2012 also included provisions whereby staff would send two letters to all impacted property owners, the first of which was sent in 2013, and the second in 2014, reminding property owners of the nonconformity regulations, compliance deadline and annual fee requirement which would be imposed if the sign non -conformity was not eliminated. Additionally, staff recorded a memorandum for recording against all impacted properties to ensure if the property owner changed within that two-year time period (2013-2015) the new property owner would be aware of the regulations and amortization deadline. A second letter (attached) was sent in 2014 approximately one year prior to the deadline and its purpose was to remind property owners of the impending deadline, extent and type of non- conformity and annual registration fee. Analysis When the letters were sent out in 2013 and 2014 staff did receive some calls, many inquiring about what options property owners had to comply with the regulations. In summary, under the current ordinance language, there are three (3) options for property owners to comply with the non -conforming sign regulations: 1) Eliminate the nonconformity (height, size and/or setback); 2) Obtain a variance from the City Council which, unless there is a specific time placed on the variance, is equivalent to compliance; and, 3) Pay the annual re -inspection fee beginning in August 2015 as identified in the ordinance As the August 2015 deadline has neared, staff has received feedback from multiple property owners expressing concerns pertaining to the impending amortization deadline and, further, the financial impact of the ordinance requirements on their property/business. Prior to implementing the ordinance regulations, and with this input from potential affected property owners and businesses, Staff felt compelled to bring this topic back before the Community Development Committee to ensure that the Committee and, ultimately, City Council were aware of the impending deadline, implications, and procedure that would be utilized to enforce the regulations. As a result, the topic was introduced as a future agenda item at the May 13, 2015 Community Development Committee Meeting and, with consensus from the City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us Community Development Committee, was placed on the June 22, 2015 agenda for discussion/recommendation. At the June 22"d meeting (minutes attached) the Community Development Committee heard from a number of property and business owners regarding the impacts of the ordinance. Other property owners and businesses provided written correspondence also. As a result of this input and discussion by the Committee and Staff, the Committee directed Staff to develop an ordinance recommendation to forward directly to the full City Council that would cause Section 7.50 (Signs), Paragraph E (Nonconforming Signs), Sub -paragraph 2 (Other Signs) of the McHenry Municipal Code to be amended to allow existing non -conforming signs to exist until/unless certain criteria were met that would cause the need to bring the signs in to compliance. After considerable discussion among members of the Community and Economic Development Department Staff responsible for applying the sign ordinance, and the City's legal counsel the following amendment is being recommended. Section 7.50, Paragraph E, Sub -paragraph 2 Existing Language: Other Signs All other non-exempt signs lawfully existing, or holding Sign Permits issued, prior to the date of the adoption of this Ordinance, but which are not in conformance with these regulations, may be continued as nonconformities until 0810712015. Prior to O810712015 they must be brought up to the new standards or pay an annual permit fee as outlined below. If a property having a nonconforming sign is vacant for a period of 90 consecutive days, or has any change in occupancy or use, any new sign on the property must meet the requirements of this Section. No nonconforming sign may otherwise be replaced with another nonconforming sign. Nonconforming signs shall be subject to all the requirements governing the continuation of nonconforming structures as provided in the regulations governing Nonconformities in this Ordinance. Sign Type Annual Fee Freestanding commercial sign <15' high $ 400.00 Freestanding commercial sign >15' high $ 800.00 Freestanding/billboard off -site sign $11500.00 Portable Signs $ 200.00 City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us The annual fee will be used to pay for annual re -inspections of the nonconforming signs and to fund City improvements to aesthetically. enhance certain important roadways and/or the adjacent areas to the non -conforming signs by locating street trees, installing sidewalks, under grounding utilities, or other improvements beneficial to the public. To be replaced with: Other Signs All other non-exempt signs lawfully existing, or holding Sign Permits issued, prior to the date of adoption of this Ordinance, but are not in conformance with these regulations may be continued as nonconformities until such time as at least one of the following thresholds are met: • A property on which a nonconforming sign is located is vacant for a period 90 consecutive days (this does not apply to individual units of multiple tenant buildings but, rather, to the entire property); or • A property has any change in use; or • A permit for the replacement, alteration, enlargement, or structural change of any kind (other than for a change of face) is requested; or • The nonconforming sign is identified as "unsafe" by the Zoning Administrator Further, no existing nonconforming sign may otherwise be replaced with another nonconforming sign. Nonconforming signs shall be subject to all the requirements governing the continuation of nonconforming structures as provided in the regulations governing Nonconformities in the Ordinance. Recommendation In summary, the proposed amendment eliminates the deadline by which nonconforming signs must come in to conformance, eliminates the annual re -inspection fee option, and introduces a set of criteria by which nonconforming signs will be brought in to conformance through the normal redevelopment and reuse process. Provided, for Council's additional information is an up-to-date list of all existing nonconforming signs to which this Ordinance amendment would apply. Further, notification has been provided to all of these property owners to make them aware of the potential City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone:(815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us amendment and provide them with an opportunity to attend the Council meeting or otherwise provide input. Therefore, if Council concurs, it recommended that a motion be made to approve the attached Ordinance Amending Chapter 7.50 (Signs), Section 7.50.2 (General Provisions), Subsection E (Nonconforming Signs), Paragraph 2 (Other Signs) of the McHenry Municipal Code. City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday, January 17, 2012 Aldermen's Conference Room, 7:00 p.m. Discussion Regarding Sign Ordinance Amendments and Discussion on 2013 Enforcement of Non=Conforming Signs Director Schwalenberg reiterated to the Committee that on August 7, 2006, Council approved amendments to the sign ordinance, which included a seven-year timeframe for property owners to bring non-exempt portable and freestanding signage into compliance or pay an annual fee. Director Schwalenberg informed the Committee that a windshield survey conducted in August, 2011 on West Elm Street, North Richmond Road, North Front Street and South Route 31 determined there are approximately 65 signs not in compliance with the sign ordinance. Since August 7, 2006, a total of seven variances for permanent signs have been granted for relief of the City's sign ordinance, none of which are included in the number surveyed. Beginning August 2013, an annual registration fee will be due. There are 50 signs that exceed the 15400t height limitation, 28 do not meet the 5400t setback requirement, 8 exceed the total number of signs permitted per property and 4 exceed area limitations. Should none of the signs be brought into compliance or variances granted by the deadline the City can expect to see approximately $44,000 in annual sign registration fees due. Staff noted that this could negatively impact the promotion of new business and retention of existing businesses. Staff would like the Committee to consider revisiting the deadline and annual registration fee requirement, as well as the entire sign ordinance to ascertain if this is the direction still desired. Staff is seeking direction on how to proceed. 2013 Sign Deadline Staff believes the deadline should not be extended. It was noted that seven sign variances have been granted since the ordinance was enacted and 6 of the 7 signs will be grandfathered. The options presented regarding the 2013 sign deadline are: o Move forward with enforcement, beginning on August 7, 2013 o Postpone the deadline an additional five years o Abandon the deadline and registration completely. City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us Chairman Alderman Condon inquired whether any notice was provided to the business owners regarding the amendments to the sign ordinance when they were approved in 2006. Director Schwalenberg stated he is unaware of any notice that was provided at that time. Chairman Alderman Condon opined that postponing the deadline for compliance for five years is excessive, but she would support a 2-year extension, with an effective date of August 7, 2014. A brief discussion ensued. It was the consensus to provide business owners with notice within the next 90-day period, followed by a second notice and to extend the deadline for compliance to August 7, 2014. Temporary Signs (posted in right -of way, presently only permitted by Council action on a non - consistent quantity, time -frame and location basis) Director Schwalenberg informed the Committee that Staff is suggesting that if an applicant meets all the criteria, requests for temporary signs would not be required to go to Council. Staff presented the following recommendations for Temporary Signs: o Permit Required: Yes o Designated Locations: 10 preapproved locations only o Chapel Hill and Route 120 (s/w corner only) o Richmond Road and Elm Street (south side of Elm Street only) o Crystal Lake Road and Elm Street (north side of Elm Street only) o Ringwood Road and Elm Street (one corner only) o Ridge Road (west city limits) and Route 120 (in area of city sign only, s/e corner) o Richmond Road and Shoppers Drive (one corner only) o Richmond Road and Blake Boulevard (one corner only) o Richmond Road and McCullom Lake Road (one corner only) o Crystal Lake Road and Bull Valley Road (one corner only) o Bull Valley Road and South Route 31 (one corner only) Quantity: One sign per intersection o Size: 18 x 24 inches (3 square feet) o Time Frame: Two weeks prior to event and must be removed two days following event o Permit Label: Affixed to sign, color to change by Staff determination o Illumination: Not Permitted It was noted that any requests from an establishment out of the City would require a variance and would come before Council as a regular agenda item. Director Schwalenberg also stated OWN City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 NlcHenr � Fax: (815) 363-2119 www. c i. mchenry. il. us ORWIftokonu that the criteria indicated above applied only to not -for -profit, charitable and philanthropic organizations. Chairman Alderman Condon inquired what would occur if a number of organizations requested displaying signs simultaneously. Deputy City Administrator Martin stated that it could happen, but would be a rarity, in which case three signs might overlap one week. He noted that City events would always have priority. Alderman Glab opined that all temporary signs should come before Council as a Consent Agenda item. Alderman Peterson and Alderman Santi concurred. Alderman Glab stated that if the process is made too easy the number of sign requests is likely to increase. Alderman Peterson suggested that the $30 deposit be retained until the signs have been removed. Sandwich Board (presently not permitted by Ordinance) Staff is recommending that sandwich boards be considered exempt subject to the following criteria being met: o Height: Not to exceed four feet o Size: Not to exceed 12 square feet (36-inches wide x 48-inches high) o Quantity: One o Location: Within five feet of building, located outside of right of way and does not block walkways or create vision impairment issues o Illumination: Not Permitted Staff is suggesting an annual fee of $30 for the permit, as long as the location and structure of the business does not change, with a deposit to insure compliance. Alderman Glab opined that 36 x 48 is too big. Deputy City Administrator Martin proposed a 24-inch x 36-inch sign in C4 areas downtown. Chairman Alderman Condon stated she has less concern with the size of the sandwich board suggested by Staff, but is adamant that they be maintained in good condition while on display. Alderman Santi and Alderman Peterson indicated no issues with the sandwich boards. Feather Banners (presently not permitted by Ordinance because temporary signage cannot exceed eighteen feet in height. Feather banners range from 3' x 8' to 5' x 20'). Staff is suggesting that feather banners be considered exempt -if there is compliance with the following criteria: City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us o Height: Not to exceed 10 feet o Quantity: One o Area: Not to exceed 32 square feet o Location: Within five feet of the building, not in the right of way, and not blocking any walkways or creating vision impairment issues o Display time: Same as temporary signs, if permitted. A brief discussion ensued regarding feather banners and distractions. Chairman Alderman Condon suggested the discussion be put on hold until the details could be discussed with the City Attorney. Staff is proposing to have the following definitions added: o Sign —Sandwich Board o A double face board carrying a sign or notice, especially one used to advertise a product, event, etc., that does not exceed three feet in height and six square feet in area o Sign — Monument o Any permanent sign which is supported by a base of at least 75% of the sign width, eight -feet or less in height and is independent from any building o Sign —Neon o Add LED (Light Emitting Diode) to definition o Exempt Signage o Add "not more than 50% of signage area shall be dedicated to logo of business name." Delete "shall not be illuminated." Contractor signage (presently not permitted by Ordinance unless a temporary sign permit is issued) Staff would like contractor signage considered exempt if the following criteria is met: o Size: Three square feet, 18-inches high x 24-inches wide o Only to be displayed while contractor is actively working at the site o Located a minimum of five feet back from all property lines and not in the right of way o One permitted per street frontage, per zoning lot A discussion ensued regarding the length of time a sign can be displayed. Chairman Alderman Condon reiterated that the sign must be maintained in good condition. Election Campaign Signs (presently limited to 45-days prior to and two days after an election). Staff is proposing revising the Code to remove condition no. 2 - display time. This is necessary in order to bring the Ordinance into compliance with state law which was recently changed with regard to the City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us amount of time campaign signs can be on display. The new law, recently passed, has no time limit on the display of campaign signs. Real Estate Signs — Commercial/Industrial (presently all commercial and industrial real estate signage requires a permit) Staff is proposing real estate signs be considered exempt from permits if they conform to the following requirements: o Height: Maximum 6-feet o Location: One permitted per street frontage o Size: Maximum of 32-square feet o Illumination: Not Permitted o Setback: Minimum of five feet from all property lines o Duration: Removal within one week after consummation of sale or lease Chairman Alderman Condon stated she had no concerns other than the signs be maintained in good condition. Seasonal Decorations (display is currently limited to 45 days before and 45 days following a holiday). Staff is proposing including text to reference "in compliance with current City codes." Chairman Alderman Condon opined that 45 days following a holiday is too long for decorations to remain on display. Flashing Signs (flashing signage is prohibited by ordinance) Staff is proposing the following text be added: o Text prohibiting the use of flashing lights to attract attention to a product, service or building (both inside and outside) o Text creating an exemption for moving backgrounds used on electronic message boards Chairman Alderman Condon suggested letters be sent to business owners so there is no misunderstanding between "moving" signage and "flashing" signage, with flashing signage defined as the same message repeatedly flashing. Alderman Santi opined the flashing signage issue should be strongly enforced. Service Station Signs and Displays Staff informed the Committee that the present ordinance states: A facility or premises primarily used for retail sale of fuels or oils for automobiles, trucks or boats and which may include as a secondary activity retail sale of tires, batteries and similar accessories and the City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us making of repairs to vehicles or parts thereof that do not normally require storing such vehicles on the premises overnight. Staff recommends adding "automobile repair shop" to the definition. This is necessary for outside display of product and signage. Automobile Repair Shop Staff recommends adding "oil change shop" to this definition. This is necessary in order to be consistent with outside display of product and signage in similar uses. Administration - Section d (presently ordinance allows only white). Staff is suggesting eliminating the word "white" and inserting "neutral or color consistent with existing structure." This would allow an abandoned sign to blend in with its surroundings. Following discussion it was determined by the Committee that Staff would make the proposed revisions, taking into consideration suggestions from the Committee returning at a future meeting for future discussions on the topic of signage. i City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday, February 21, 2012 Aldermen's Conference Room, 7:00 p.m. Discussion: Sign Ordinance 2013 Amortization Deadline for Non -Conforming Signs Director Schwalenberg provided the Committee with a list of businesses that are currently in violation of the sign ordinance and would be required to bring their signs into compliance by the August 2014 deadline as recommended by the Committee at its last meeting. He noted there were approximately 80 businesses involved that would be required to either bring their signs into compliance or pay the annual fee as required by the zoning ordinance. Chairman Condon inquired if the businesses have been notified of the need to comply by 2014. Director Schwalenberg responded in the negative. He noted if the Committee directs Staff to proceed with the directive of the sign ordinance, notification would be made to all impacted businesses in August 2012 advising them that compliance would be required by August 2014 or annual fees would be required. Then, again, in August 2013, a second notice would be sent to all of the impacted businesses, reminding them of the need to comply by August 2014 or annual sign non -conforming fees would have to be paid. Director Schwalenberg stated the non -conforming signs involved all types of signs, namely, wall, free-standing, directional, etc. Chairman Condon asked if each business with anon -conforming sign would be required to pay an annual fee. Director Schwalenberg responded they would have to pay a fee for each of the non -conforming signs on their property. Chairman Condon inquired if the businesses could seek a variance to allow the non -conforming sign(s). Deputy Administrator Martin responded they could take that route. There are approximately 80 businesses with non- conforming signs. Several businesses have more than one non -conforming sign on the premises. Chairman Condon requested the Committee be provided copies of the minutes of the Community Development Committee meeting and the City Council meeting at which the non- conforming signs being brought into compliance by August 2013 was originally discussed. Deputy Administrator Martin recalled the intent of the 2006 ordinance requiring compliance by August 2013 related solely to freestanding signs with regard to height, area, setback and number per lot. Director Schwalenberg agreed to amend the list of non -conforming signs by removing all that do not relate to freestanding signs. r City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us Sandwich Board Signs Director Schwalenberg stated it has been brought to Staffs attention the increasing number of sandwich board signs being displayed in the City. Currently sandwich board signs are not allowed. Suggestion was made by Staff to exempt the sandwich board signs or allow them with a temporary sign permit. Deputy Administrator Martin noted, alternatively, the City could prohibit sandwich board signs, particularly in the right-of-way. Alderman Santi suggested those businesses which have a broad/wide sidewalk could be allowed to have a sandwich board sign as it would not impede the walkway. Alderman Peterson noted the goal of the City is to maintain public safety. He questioned the safety of allowing signs on the sidewalks. Lengthy discussion followed regarding the pros and cons of allowing sandwich board signs. Deputy Administrator Martin stated in recent years more merchants are choosing to advertise via signs placed on the sidewalk. The best way to regulate these signs would be to specify where they can be placed, the size of the signs, etc. He noted the concern with the signs relates to public safety. Alderman Peterson suggested obtaining an opinion from the City Attorney if the City were to move forward with no rules governing sandwich board signs. Deputy Administrator Martin noted if someone trips over a sign, the City would incur liability whether there were regulations in place or not. Alderman Peterson suggested making the sandwich board signs exempt subject to the following requirements: 1. Maximum of one per business or per business frontage; 2. Maximum size of 24 by 42"; 3. Sign must be removed at the end of the business day; 4. Sign shall not impede pedestrian traffic or cause pedestrians to have to walk in the street. Sign Ordinance Amendments Director Schwalenberg noted Staff suggested various modifications to the sign ordinance relating to the following: o Temporary signs in City rights -of -way — designating maximum time allowable (i.e. up to fourteen days) and desired established locations, pending Council approval; o Feather banners —previously not addressed as a temporary sign; o Contractor signs —added restrictions to ensure they are removed when contractor is not working; o Non-residential real estate signs — previously not covered by the ordinance; City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us o Flashing lights — add provisions regarding L.E.D. lights which are becoming more prevalent; o Updating sign definitions. Motion by Peterson, seconded by Santi, to recommend to the City Council the sign ordinance be amended as presented regarding the following: o Sandwich board signs; o Temporary signs in City rights -of -way; o Feather banners; o Contractor signs; o Non-residential real estate signs; o Flashing lights, o Updating sign definitions; and that Council direct Staff to prepare documentation for consideration by the Planning and Zoning Commission at a public hearing. Voting Aye: Santi, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday, May 15, 2012 Alderman's Conference Room, 7:00 p.m. In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson and Alderman Santi. Absent: None. Also in Attendance: Deputy City Administrator Martin, Construction and Neighborhood Services Director Schwalenberg and City Clerk Jones. Chairman Alderman Condon called the meeting to order at 7:07 p.m. Public Input Session No one signed in for Public Input Session. Discussion Regarding Non -Conforming Signs Director Schwalenberg reiterated to the Committee that on January 17 and February 21, 2012 the Committee discussed the impending August 7, 2013 amortization deadline for registering all non -compliant free standing signage. Staff was directed by the Committee to investigate the matter in order to verify that the original intent of the Ordinance was being met and present recommendations indicating how we should move forward. Director Schwalenberg stated that in order to obtain a better understanding of the original intent of the Ordinance Staff reviewed the ordinance, agenda supplements and minutes, from the Planning and Zoning Commission and City Council meetings in 2006. Once the review was complete, Staff consulted with the City Attorney to make certain a proper interpretation was being made and to obtain direction on how to proceed. A comprehensive survey was conducted regarding existing signage and the non -conforming data list was updated. Director Schwalenberg presented the Committee with a spreadsheet reflecting each non -conforming property, the non -conformity of each property, as well as the anticipated annual registration fee that would be required should signage fail to be brought into compliance by August 7, 2013. Staff believes it would be a hardship on property owners, at this time, to enforce the existing registration deadline of August 7, 2013 and believes the Committee should consider an extension of the amortization period for an additional two years. This extension would provide sufficient time for a series of letters to be sent to each property owner. Director Schwalenberg indicated the first letter would be information, stating the non -conformity, deadline, annual registration cost and annual fee requirement that would be recorded against the property should the signage fail to be brought into compliance by August 2015. A second letter would be sent approximately one year prior to the deadline as a reminder to the property owner of the impending deadline and annual registration fee. P City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ei.mchenry.il.us Staff believes moving forward in this manner complies with the original intent of the Ordinance and provides sufficient time for the property owners to comply. Responding to an inquiry, Director Schwalenberg indicated there are approximately 75 non- compliant signs currently located in the City. A lengthy discussion ensured regarding height issues and setback issues regarding signage. Deputy City Administrator Martin opined he is concerned that one property might be C4 and another C-5, yet the properties could be side by side. A problem might develop if a distinction is implied. Chairman Alderman Condon opined that a 2-year extension is reasonable. Alderman Santi concurred. Motion by Santi, seconded by Peterson to direct Staff to forward the sign amendments to full Council for direction to the Planning and Zoning Commission to conduct a Public Hearing on the proposed amendments. Aye: Condon, Santi, Peterson Nay: None. Absent: None. Motion carried. 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 Clerk 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. Corner 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- i11ches 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 Community 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 Meetine 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 < IS" high $400 Freestanding commercial sign > $800 Fr eestanding/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 a new 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 (heigh#, 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 imeeting 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 COMMUNITY DEVELOPMENT COMMITTEE MEETING Monday, June 22, 2015 Council Chambers, 7:00 p.m. In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson, Alderman Santi. Absent: None. Also in Attendance: City Administrator Morefield, City Attorney Smoron, Commercial Building Superintendent Schwalenberg and City Clerk Jones. Also in attendance: Jack Schaffer, Liberty Outdoor Advertising, 4114 Route 176, Crystal Lake, IL Ed Marsin, Clear Channel Outdoor, 4000 S. Morgan Street, Chicago, IL Ed Miculinich, 4005 W. Elm Street, McHenry, IL Bert Irslinger, 409 Front Street, McHenry, IL Steven Bjorkman, Ace Hardware, 4520 W Crystal Lake Road, McHenry, IL Joel Zank, Butch's Auto Service, 1002 Front Street, McHenry, IL Chairman Alderman Condon called the meeting to order at 7:00 pm. Public Input Session The following local business owner persons were present to express opposition to the Non- conforming Sign Ordinance: Jacic Schaffer, Liberty Outdoor Advertising Ed Marsin, Clear Channel Outdoor Ed Miculinich, McHenry Goodyear Bertram Irslinger OD, 409 Front Street Steve Bjorkman, Ace Hardware, 4520 W. Crystal Lake Road Sam Diamond, Law Offices, 3431 W. Elm Street Update on Amortization of Non -Conforming Suns and Staff Request for direction on whether to proceed with Implementation of the Ordinance as written or forward a recommendation to the City Council for some other action to be taken with regard to implementation of the Ordinance based on information presented at this meeting City Administrator Morefield informed the Committee that the regulation and amortization ofnon-conforming signs accomplishes multiple objectives, three of which relate to aesthetics (cohesive visual community appearance), safety for drivers, and parity for businesses. Many signs, particularly along Route 120 and Route 31 vary in height, from five or six feet to 25- five feet. The signs also vary in setback. Additionally, when the city annexed properties east of the Fox River in the late 1990s the businesses were annexed as -is, including signage. As a result, many businesses have signs that do not comply with city regulations. Staff has ascertained that there exists visual clutter which relates directly to the aesthetic appearance throughout the city. In 2006, the Council approved an amendment to the city's sign ordinance that included the regulation and amortization of non -conforming free standing signs until August 7, 2013 at which time they must be brought up to the new standards or pay Community Development Committee Meeting June 22, 2015 Page 2 an annual permit fee. On October 1, 2012 Council approved a two-year extension of the amortization period to August 7, 2015. This action was taken because of the burden placed on businesses during a turbulent and uncertain economy and to inform the owners of non- conforming signs about the new deadline and requirements of compliance. At the direction of the Council, letters were mailed to all impacted property owners, the first of which was sent in 2013 approximately two year before the August 2015 deadline; making the property owner area of the impending deadline. A second letter was mailed in 2014. Also, a Memorandum of Recording was filed with McHenry County containing the addresses of all impacted properties should they be sold so the new owner(s) would be made aware of the regulations and amortization deadline. Staff received some telephone called following receipt of the letters and were given three options to comply with the regulations: 1. Eliminate the nonconformity (height, size and/or setback); 2. Obtain a variance from the Council which, unless there is a specific time placed on the variance, is equivalent to compliance; and, 3. Pay an annual re -inspection fee, beginning in August 2015, as identified in the Ordinance. Recently, staff has received feedback from multiple property owners expressing concerns pertaining to the impending amortization deadline. To that extent, staff wants to ensure the Committee and the Council are aware of the impending deadline, the implications, and procedure which will be utilized to enforce the regulations. Staff also wants to provide the Committee and the Council with the most current legal options and court cases relevant to this issue since its original passage in 2006. The Committee is asked to provide direction to staff on how to proceed with the implementation of the Non -conforming Sign Ordinance, as written, or to forward a recommendation to Council for some other action with regard to implementation of the Ordinance, based on the information presented. Chairman Alderman Condon said this matter has been discussed for over ten year and was originally presented to the Committee so sight lines and sets backs would be level. She acknowledged that all persons who spoke during public input have valid concerns. She emphasized that the Non -conforming Sign Ordinance was not initiated to generate revenue and the fees were only imposed to encourage compliance. Chairman Condon added the committee is cognizant of distractions caused by the varying signs and desires the community to be aesthetically pleasing. Chairman Alderman Condon stated that she would be in favor of grandfathering in current signage with the understanding that any new signs would have to comply with the Ordinance. Alderman Peterson opined the sign business is changing rapidly. He would support grandfathering in current signage with the understanding that when signs are updated they would have to come into compliance. Community Development Committee Meeting June 22, 2015 Page 3 Alderman Saim opined that he has no problem leaving things as they are, as long as when the signs are updated they come into compliance. City Attorney Smoron opined that business owners have indicated their personal investments in the signage for their business. He suggested it would be a good start to grandfather in current signage, then going forward, have the new rules apply. Addressing an inquiry from Chairman Alderman Condon regarding line of sight issues, City Attorney Smoron stated that safety issues create a different situation, particularly if there is a hazard. Chairman Alderman Condon stated that she would like any unsafe signage addressed, as well as line of sight issues. Superintendent Schwalenberg stated he is unaware of any signage in town that creates a line of sight problem. Responding to an inquiry from Chairman Alderman Condon regarding compliance of the ordinance by new property owners, Attorney Smoron indicated adjudication would be more enforceable than citations for non-compliance. City Administrator Morefield recommended that vacant property with non -conforming signs be addressed. Alderman Peterson suggested permitting vacant property owners 120-days to come into compliance. Chairman Alderman Condon indicated she would support 90-days for compliance. It was the consensus of the Committee to direct Staff to draft an Ordinance for presentation to full Council grandfathering current signage with the understanding that if the business changes hands or comes under new ownership, the signage must comply with the Ordinance. Chairman Alderman Condon thanked everyone for taking the time to attend the meeting and contribute to the process. Other Business There was no Other Business. Adjournment Motion by Peterson, seconded by Santi to adjourn the meeting at 7:49 p.m. Aye: Condon, Peterson, Santi. Nay: None. Absent: None. Motion carried. Respectfully submitted, Geri Condon, Chairman City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us CITY COUNCIL MEETING October 1, 2012 ORDINANCE AUTHORIZING AMENDING THE SIGN ORDINANCE AND MOVING THE SIGN ORDINANCE FROM THE ZONING ORDINANCE TO THE MUNICIPAL CODE Deputy City Administrator Martin stated the Community Development Committee has looked at signs over the past year at three separate meetings and has recommended some changes to various provisions of the ordinance. The major change is the extension of the non. conforming signs provision for which the committee has recommended a 2-year extension until August of 2015. Staff believes it would be an undue hardship on property owners at this time to enforce the existing registration deadline in August 2013 and believes the best way to proceed is extension of the amortization period. This would allow sufficient time for a series of informational and reminder letters to be sent to each property owner regarding the changes required due to the ordinance. Deputy City Administrator Martin asked Council to eliminate the five foot setback for signs in the C 4 district where there is no building setback. Additionally, the City's sign ordinance is included in the zoning ordinance but all sign variance requests are forwarded to the City Council. The Planning and Zoning Commission has no input on sign variances. Attorney McArdle believes relocating the sign ordinance to the municipal code is a good idea since zoning ordinances address the use of land, and signs, while they could be considered a land use, should be reviewed independently and outside the purview of zoning. Motion by Condon, seconded by Santi, to authorize amending the sign ordinance and moving the sign ordinance from the zoning ordinance to the municipal code, as presented. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us dmartin@ci.mchenry.il.us [Date] [Name] [Address] [City, State Zip] Re: Non -conforming Signage Dear [name] In August 2006 the McHenry City Council approved amendments to the City's sign ordinance. One of the updates requires all non -conforming freestanding signage existing prior to the date of the ordinance be brought into compliance with new signage code standards no later than August 2013 or an annual fee be paid. Below is the approved fee structure based on type and height of signage. Sign Type Annual Fee Freestanding Commercial sign < 15' high 5400.00 Freestanding Commercial sign > 15' high $800400 Freestanding/billboard off -site sign $11500.00 Portable Sign $200.00 The City Council is acutely aware of the financial burden, relocation, height reduction or total sign replacement, that will be placed on business owner and has reconsidered the 2013 deadline. On October 1, 2012 the City council approved an extension of the amortization period for an additional two years until August 2015. Over the past several months, non-residential properties were surveyed by City staff to determine existing nonconforming signage and extent of non-conformity(ies) for each property. nspection has revealed the freestanding sign at [address] is [state nonconformity] and is required brought into compliance no later than August 2015. If you believe this determination is made in error or the inspection results are inaccurate, please contact me at (815) 363-2170, rschwalenberg@ci.mchenry.il.us, or stop by the Construction and Neighborhood Services Department, located on the second floor of the Municipal Center (333 S. Green Street) and I will be more than happy to sit down and discuss the matter further. The City will be recording the non -conforming sign and registration fee requirement, against the property, with the McHenry County Recorder, so potential future property owner(s) are aware of the requirement and annual fee, as well as the impending 2015 deadline. An additional follow-up letter will be mailed to you approximately one-year prior to the new amortization deadline of August 2015. Thank you in advance for your cooperation and please feel free to contact me at (815) 363- 2170 if you have any questions. Sincerely, �l°�a�r L. �S'a�waer.�►6rryr Ryan L. Schwalenberg Superintendent of Nonresidential Construction !!0 City of McHenry z�` August 22, 2014 «Name» «Owner_Address» «City», <(State)) «Zip» Community and Economic Development Department 333 S Green Street Second Floor -McHenry Municipal Center McHenry, Illinois 60050 Phone: (815) 363-2170 Fax, (815) 363-2173 ced@ci.mchenry.IWs WWW.d.mchenrv.il.us Re; Nan -conforming Sign Location; «Location?> Non -conformity Type: ((Nonconformity, ype)> To Whom It May Concern: In August 2a06 the McHenry City Council approved amendments to the City's sign ord'mance. One of the amendments required all non -conforming freestanding signage existing prior to the date of the ordinance be brought into compliance with new signage code standards no later than August 2013 or an annual fee be paid. Below Is the fee structure based on type and height of signage. Sign Type Annual Fee Freestanding Commercial sign < 15' high $400.00 Freestanding Commercial sign> 15' high $800.06 Freestanding/billboard off -site sign $13500600 Portable Sign $200.00 n On October 1, 2413 the City Council approved a two year extension of the amortization period.. Properties were surveyed by City staff to identify existing nonconforming signage and extent of no -conformity. An. Inspection at the above listed location has revealed the type of non- conformity which Is also listed above, These will be required to be brought into compliance no later than the August 7, 2015 deadline or pay an annual fee as stipulated above. The City previously recorded the aforementioned non -conforming sign and registration fee requirement against your property with the McHenry County Recorder, so potential future property owner(s) are aware of the requirement and annual fee, if you believe this determination was made in error or want to discuss the inspection results, please contact me at (815) 363-2178, rschwalenberg@ci.mchenry.il.us, or stop by the Community and Economic Development Department located on the second floor of the Municipal Center (333 S. Green Street). Thank you in advance for your cooperation in this matter. Sincerely, Ryan L: Schwalenberg Superintendent of Commercial inspections r� City Administration McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.ci.mchenry.il.us Memorandum for ncuyi inrm NOTICE OF SIGN REGULATIONS APPLICABLE TO PROPERTY WITHIN THE CITY OF MCHENRY Notice is hereby given that on October 1, 2012, the City of McHenry adopted comprehensive amendments to the its sign ordinance known as Ordinance NO. M& 124058. One or more of the sign regulations may apply to your property and the entire amended regulations should be reviewed. One provision of the new ordinance provides that any non- conforming sign that existed prior to the ordinance amendment or rendered non -conforming because of the ordinance amendment be brought into conformance with the revised standards no later than August 7, 2015 or pay an annual permit fee outlined in the ordinance. Prepared by/Mail to: City of McHenry Office of the City Clerk Municipal Center 333 S Green Street McHenry, IL 60050 815.363.2100 ICLEIN, DADAY, ARETQS & O`DONOGIiUE, LLC: Joseph J. Klein Stephen G. Daday Michael G. Aretos Timothy J. O'Donoghue Jonathan N. Rogers Carrissa Mazzeffi Alver Katherine A. Kumnick Robyn K. Kish Daniel J. Lee Aaron D. White, Jr. Kristopher M. Briggs Julie Repple Kinga Lota Amanda K. Reed October 2, 2014 Atiotneys and Counselors 2550 WEST GOLF ROAD, SUITE 250 ROLLING MEADOWS, IL 60008 (847) 590-8700 FAX (847) 590-9825 E-Mail: skdaglaw@skdaglaw.com www.skdag1aw.com Ivlr. Ryan L. Schwalenberg City of McHenry. Community and•Ec6nonuc Devd1opment: 333 S. Green Street 0 1 0 W Second Floor - McHenry Municipal Center McHemy, IL 60050 Construction snd f�etghborhood S alid s Of Cr� ik ry o' er Nancy S. Scotillo C fi tg#fthb eret Chicago Loop Office One N. LaSalle St. Sui#e 450 ago, IL 60602 RE: Non�confornung Sign Location: 409 Front Street, McHenry, IL 6Q050 Non-conformiiy Type: Height Dear 1VIr. Schwalaszberg: Please be advised the undersigned represents the owner of the above referenced praperty. i have reviewed your letter and disagree with its analysis. My client was issued a sign permit by the City of McHenry on August 25, 1989. The City of McHen y approved the permit, drawings, and sign erection. For your convenience I have enclosed copies. To the best of my knowledge, my client has not changed his use of the property or the characteristics of his' property that would require hint to bring his building up to the current code requirements. October 2, 2014 Page Two i appreciate that the Gity has changed its sign ordinance, 110weVe1, my client's use was legal and in conformity at the time the sign was erected. Therefore, to impose a tax on leis sign because it does not conform to the current ordinance is a violation of his legal rights. My client is prepared to defend his position if this proceeds fiirther. I #zlist this resolves the issue, _ � Very.ti'Lily V(lU!'S, Michael G. Aretos MGAJkb Enclosures) cc: Mayor Susan E. I,ow ISSUED TO, ADDR PURPOSE: PER119IiT IVUMSER� THIS CARD MUST BE CQNSPIGUOUSLY DISPLAYED AND ACClESSIBLI; TO CITY ORIZE ANY WORK NOT INDICATED ON THE APPROVED DRAWINGS OR APP1 GENERAL CONTRACTOR TO ENSURE THAT ALL REQUIRED INSPECTIONS HAVE SPECTIONS MUST BE MADE 24 HOURS IN ADVANCE. 1111 No GREEN ST* PHONE 3854761 IEL 6Ii 1 CDNC. FOOTINGS I:aNc. waLis CDNC. SLABS CDNC. FAD/PIER CDNC. STDOPS AUTHOlRl2ED EX: REiIUIRi=D INSPECTIONS BACKFILL 1NSP. UNOERGfIDUND PLUMBG. FRAMING INSP. SANITARY TAP PUBLIC & PVT. WALKS 'lam UED. ' [NSPECTQRS. THIS PERMIT DQE$ NOT AUTH- JCATION, IT IS THE RESPONSIBILITY OF THE ✓E BEEN SCHEDULED, ALL REQUItSTS FOR IN- ADMIN. 'WATER TAP ROUGH LLEC. 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Bykowski Century Plaza 3723 West Elm Street McHenry, Illinois 60050 Phone (815) 482-2070 June 22, 2015 McHenry Municipal Center Community Development Committee 333 South Green Street McHenry, Illinois 60050 VIA: email to: info(a�ci.mchenrw'Lus & dmartin(a�ci.mchenry.il.us Dear Committee Members, Sorry to say I will be out of town and therefore not able to attend this evening's Committee meeting. Please accept the following as my input reference the ordinance requiring compliance with the new signage code standards no later then August 15, 2015. My opinion is that adherence to the requirements or being subject to an annual registration fee places an undue financial burden on property owners that is totally unwarranted in today's economic times and dampens the spirit of economic recovery our community so sorely needs. As an example, properties that I have owned, including signs on subject properties, since the 1980's and 90's would be effected. Existing signs were all installed with valid permits and in accordance with sign ordinances at that time. The signs have continued to provide identification and advertising for the businesses occupying the respective commercial locations. It is interesting to note that during the past 24 to 29 years I have not been aware of any safety issues, accidents or problems what -so -ever caused by the placement of subject signs. Commercial signs are very expensive to construct and install and extremely expensive to alter once in place. There is no easy way to pickup a sign and move it two feet or lower it by a few feet. Concrete pads need to be poured, electrical connections relocated, sign faces redone, etc., etc. In many cases it is simply not feasible from a cost and physical placement issue to alter an existing sign. The alternative would be to construct a new sign. The cost no matter what it maybe must be borne by the property owner as it is impossible to place that cost burden on tenants who in many cases are just hanging on dayAo-day trying to survive by competing with the maj or retailers who have massive signage and advertising budgets. On a personal note, I in all my years of property ownership have never had as many commercial property vacancies as I currently have. In past years if a property became available it was normally re -leased within 30 to 60 days. Today it can take a year or more and rented for on the average half of what the rental rate was 10 years ago. Regarding my current vacancies three have relocated outside of the McHenry area. They did not close their doors and go out of business, they just felt it was a economic benefit to leave McHenry. Imposing annual sign fees on top of the annual increase in real estate taxes will bring the economic engine that the small independent business hopes to ride to a grinding halt. Sometimes we fail to remember that not only is the property/store vacant but also the employment we have lost as every vacant property had people working there. As an example since 2008, the year that most believe to be the start of the economic downturn, real estate taxes on my properties subject to sign compliance have increased as follows: 2009 8.77% 2010 5.57% 2011 7.35% 2012 5.38% 2013 2.83% 2014 2.45% This results in a 32.35% overhaul real estate tax increase in six years at a time when rents had to be lowered just to retain tenants. An annual fee to retain signage that brings in customers who spend dollars here in McHenry is nothing more, in my opinion than, an additional tax. In closing I respectively request that the Community Development Committee consider recommending to the City Council that existing property owners be exempt from compliance unless a distinct safety hazard is identified with the existing sign and provisions be added that if there is a significant change in use of the property or the property is sold the signage must be brought into compliance. I feel that it is exceedingly more beneficial to our community both from an aesthetic and economic standpoints to have thriving businesses with sign two feet or so out of compliance then a community with vacancies along it's major thoroughfares. Please feel free to contact me should you have any questions or desire clarification regarding any of my comments (815 482-2070), Ron Bylcowski DIAMOND & ILESUEUR, P.C. Attorneys at Law 3431 West Elm Street McHenry, Illinois 60050 Telephone (815) 385-6840 www.dlfirm.com Facsimile (815) 385-6875 Samitel J. Diamond Adam J. Diamond David C. LeSueur Bhavani Raveendran June 22, 2015 Via e-mail to in (a�ci0 mchenry4 il. us City of McHenry Attn: Community Development Committee 333 S. Green Street McHenry, Illinois 60050 Re: Existing Signage for 3433 antl 3431 W. Elm Sheet, McHenry Dear Committee Members: By this letter I am requesting that the existing Signage on the above -noted properties be aRowed to continue. This building is over 100 years old. The current Signage on the property has been there for well over 40 years. The leases for the building have always included the existing signage. Over the years, we have tried to maintain the character of the building and I have enclosed a copy of a turn of the century photograph of the building, as well as an original pen and ink drawing which we had done by Lori Wilhelm in 1986. Although it is not always financially feasible, it is and always has been our objective to try to restore the appearance of the building as much as possible to its original look. We again are respectfully asking that the existing Signage on the property be left alone. We would like that preserved, as well as to continue with our attempt to maintain and, to some degree, restore the physical image of the building to that which it was at the turn of the century. We request that the City adopt appropriate provisions to allow these signs to be exempt, so long as we continue to maintain them. The signs are not dangerous and do not obstruct any views. Hopefully, it is the City's motivation to encourage businesses to stay in the area and not adopt regulations simply to generate revenue. Yours Samuel J. Diamond SJD/krm Attachments Derik Morefield From: Info Sent: Monday, June 22, 2015 8:21 AM To: Derik Morefield Subject: FW: Attn: Community Development Committe From: . LW Suzanne MCt f annon [suzanneansjewelers.com] Sent: Friday, June 19, 2015 3:46 PM To: Doug Martin; Info Subject: Attn: Community Development Committe June 19, 2015 Dear City Administrators, I would -like to thank you for the advance notice of the meeting you scheduled for Monday, June 22, 2015 to discuss the City's sign ordinances. Unfortunately, I will not be able to attend as I am out of town. The Fountain Shoppes of McHenry was built in 1998. The existing monument sign on the property was approved through the City's sign permit process that was in place at that time. Therefore we proceeded and invested the money to have the sign erected. Since all sign requirements were followed, The Fountain Shoppes of McHenry Monument sign should be grandfathered in. Imposing an annual registration fee just increases the operating costs to many commercial properties that are already struggling to stay afloat in this economy. Not to mention the exorbitant cost and financial burden which would be imposed to erect new signage. I would also like to add that when the sign ordinance amendment process began The Fountain Shoppes of McHenry, CM Properties was never notified of the proceedings. Never being given an opportunity to share any opinions at that time. Your strong consideration in grandfat.hering The Fountain Shoppes of McHenry's Monument sign under the current ordinance would be greatly appreciated. Respectfully, Suzanne Cannon CM Properties LLC Steffan's jewelers 325 N. Front Street � McHenry, IL. 60050 815-385-6070 1 815-385-6423 fax 1 Community Developement Committee -Outlook Web App, light version Page 1 of 2 �l�tl�e�°W�ebAp .,, _, �,.��1��°�e�r ......_.._.._ f� �,r�r�t��� '`�� Deleted Items (232) i, Drafts (13� Inbox � Junk E-Mail �. Sent Items t�lic:k to �rie�v al folders 'r Manage Foders. i��l::n !sere to �;c:ar�:a� i Entire Mailbox u �,�� F s',.,� Options �_ 1 ,� iZe.p{y � � Rely liil � Farr �rdE � � , �' Junk Close: :::::: .. ...... .. ........ ....:.�_ i ,.... Community Developement Committee STEPHEN BJORKMAN [steviebjo@yahoo.com] Sent: Monday, June 22, 2015 10:17 AM To: Info To Whom it May Concern, Sign out I am writing this letter as it regards to the city's non -conforming sign ordinance. We have been notified by the city that our sign is not in compliance with the new sign code (height in excess of 15"). Failure to modify our sign will result in an annual fee of $800. Our original sign and any modification we have made to it over the years were obviously done with permission from the city. Lowering our sign to comply with the ordinance would place the bottom of the sign 18" below ground level. Replacing the entire sign at a cost of thousands of dollars is out of the question for us right now. I feel that we should be exempt from this new ordinance. This year we have spent over $125,000 resurfacing our parking lot and $18,000 to repaint our building. We spend hundreds of dollars to perform annual maintenance on our sign. We replace any bad bulbs and keep it clean. I feel that we go above and beyond many other local businesses in maintaining the appearance of our property. I would ask the committee to reconsider the enforcement of this ordinance. Sincerely Steve Bjorkman Bjorkman's Ace Hardware .; hops://mail.mchenry50. stans.net/owa/?ae=Item&t=IPM.Note&id=RgAAAADuPVaPCMc... 6/23/2015 Variance/ Permit Date Business Location Nonconformity type Height/Setback * 6/6/2001 Meier Fresh Store 2253 Richmond Road Off -site 1997 Jiffy Lube 1805 Richmond Road Setback 2-feet **** 1998 Dobner Antique Shop 3334 Elm Street Height Over 15-feet *** 1993/2001 Diamond, LeSueur 3431 Elm Street Quantity (two signs) 1987 McHenry savings ATM 3611 Elm Street Height 174eet *** Setback 2-Feet 1991 Bykowski (Radio Shack) 3720 W. Elm Street Setback 2-Feet Height 22-feet 1993/1994 Century Plaza 3743 Elm Street Height 21-feet 1991 Century 21 3717 Elm Street Setback 2-Feet Multiple signs *** 2004 7-Eleven 3808 W. Elm Street Height 244eet Setback Over Public Walk 1989/1990 Oasis car Wash 3932 W. Elm Street Height 214eet 1986 Remax Plaza 4005 Kane Street Height 18-feet 1994 Dr. Berg 409 Front Street Height 25-feet 1986 Burger King 4417 W. Elm Street Height 25-feet 1996 Taning salon 4507 Elm Street Height, setback 18-feet Setback 2-feet *** 2002 Binny's Beverage 4610 Elm Street Height 23-feet Setback 1985 Fitzgerald 4721 Elm Street Height 18-feet *** 2006 La Huerta 4605 Elm Street Height 184eet *** 2005 Pizza Hut 4401 Elm Street Height 20-feet 1991 Currency Exchange 4213/4215 W. Elm Street Height 174eet 1992 Goodyear 4005 W. Elm Street Height 25-feet Apr-97 Ameritrust Mortgage 607 Front Street Height 224eet 1978 Amcore Invest, 803 Front Street Setback 1-foot *** 2006 Fantasy Factory ( Ed's) 818 Front Street Height 17-feet 1991 Ed's rental 904 Front Street Height 18-feet Setback 24eet Quantity two -signs *** 1998 Mary Brunner 908 Front Street Setback 1-foot *** 1998 Butches Auto 1002 Front St. Setback 1-foot *** 2000 Case 4102 Crystal Lake Road Height 254eet 1990 Ace Hardware 4520 Crystal Lake Road Height 20-feet 1971 Marathon 4608 Crystal lake Road Height 25-feet Unknown McHenry Insurance 904 S. Route 31 Quantity two -signs Height Over 15-feet Setback Over Property Line Unknown Meyer Material 1819 Dot Street Bill Board Over Property line 1995 Shell 3110 W. Route 120 Height 204eet Setback 2-feet 1995 Phillips 66 3111 Elm Street I Height 28-feet 1995 Captain Rod's (Kayat) 2350 W. Route 120 Height 25-feet 1995 Subway, Daycare 2214 W. Route 120 Bill Board Over 25-feet 1995 Monico's 2816 W. Route 120 Height 20 feet Setback 24eet Second Feestanding Sign 22-feet 1995 Kleinhans (Used car lot) 2907 W. Route 120 Height 17-feet Second Free Standing Setback 0-feet 1995 Buch Bros 3012 W. Route 120 Height 25-feet ** 2006 Gerber Auto 3110 W. Route 120 No freestanding sign permitted per conditional use permit 1995 Northwest Electric 2414 W. Route 120 Height 284eet 1995 Rose Auto Sales 12500 W. Route 120 18-feet 18-feet 1995 McHenry Welding 12912 W. Route 120 Height 17-feet 1995 Carpet Store 12914 W. Route 120 Bill Board Over 25-feet * - Varaince granted in 2001 when center was constructed, sign placed into non -compliant state after right-of-way was dedicated to city. ** - Property was not permitted to have a freestanding sign per conditional use permit, city staff issued permit in error. *** Staff Error (i.e. Change of face only, no structural modifications, missed requirement during permit process, no final inspection scehduled) **** Sign located in C-4 Zoning District, no building setback required, ordinance requires five feet. ORDINANCE NO. MC-15- An Ordinance Amending the City of McHenry Municipal Code Chapter 7.50 Signs, Sec. 7.50.2, Subsection E. Paragraph 2) Nonconforming Signs 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 7.50, Signs, Sec. 7.50.2, Subsection E, Paragraph 2) of the City of McHenry Municipal Code, shall be amended by deleting it in its entirety and replace it with the following: E. Nonconforming Signs 2) Other Signs All other non-exempt signs lawfully existing, or holding Sign Permits, issued prior to the date of adoption of this Ordinance, but which are not in conformance with these regulations, may be continued as nonconformities until such time as at least one of the following thresholds are met: • A property on which a nonconforming sign is located is vacant for a period of 90 consecutive days (this does not apply to individual units of multiple tenant buildings but rather to the entire property); or • A property has any change in use; or • A permit for the replacement, alteration, enlargement, or structural change of any kind (other than for change of face) is requested; or • The nonconforming sign is identified as "unsafe" by the Zoning Administrator. Further, no existing nonconforming sign may otherwise be replaced with another nonconforming sign. Nonconforming signs shall be subject to all the requirements governing the continuation of nonconforming structures as provided in the regulations governing Nonconformities in the Ordinance. 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 Aye: Voting Nay: Not Voting: Abstaining: Absent: Passed and approved this 20th day of July 2015. ATTEST: City Clerk SIGNED: Mayor 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: July 20, 2015 Regular City Council meeting RE: Amendments to City of McHenry Traffic and Motor Vehicle Code Chapter 13, Articles 7 & 8 relating to Restricted Roadways & Class II Truck Routes and Weights and Loads ATT: Ordinance Background: Following is a proposal to implement a change to the City of McHenry Traffic and Motor Vehicle Code Articles 7 and 8 of Chapter 13: Starting around 2009, the McHenry Police Department began a program to conduct more thorough truck enforcement. This program included the purchase of portable scales to enforce overweight violations, as well as more training to specific officers to enforce laws directed specifically at trucks. Through these enforcement efforts between 2009 and 2014 the truck enforcement officers had 2,173 contacts and issued fines in excess of $279,000. In 2014 alone the unit had 248 contacts and $34,843 in fines. As a result of this enforcement it has been noticed that the local ordinance pertaining to truck traffic is very non specific and does not provide the officers the ability to legally enforce them. Following is a breakdown of Article 7 and Article 8 of the McHenry Traffic Code: Article 7 sections 13-702 and 13-703 designates Orleans Street and Riverside Drive as "Pleasure Drives". The purpose of these roads is to restrict business travel, and open the roads for "pleasure driving" only. First division vehicles, and second division vehicles registered in Illinois as a `B" plate as well as second division vehicles having business on those streets (i.e. school buses, garbage trucks) may drive on those roads. Currently, the roads are posted with notice that no trucks over 4 tons are to be on those roads. In the ordinance there is nothing that specifies these rules. The ordinance and the sign do not specify how the 4 tons is measured. Many common trucks, such as pickups, could be registered over 4 tons or have a gross vehicle weight rating over 4 tons, but may actually weigh on a scale less than 4 tons. This vehicle may or may not be violating the law. Article 8 sections 13-801, 13-802 and 13-803 designate certain roads as "truck routes." The list includes state highways such as Elm St. which McHenry has no jurisdiction over as far as truck regulations. The list contains numerous city streets as "designated truck routes" but does not specify what that means as far as types of trucks. Section 13-803 establishes West Street between North Drive and Front Street as a "no trucks or buses" route, but again there is no definition of what is excluded. Article 8 section 13-804 prohibits trucks with "any single axle over 8,000 pounds" on Riverside Drive between Elm Street and Pearl Street. Currently there is no signage advising of this. Article 8 section 13-805 prohibits trucks when "gross weight on the road surface exceeds 8,000 pounds" on Martin Road between Illinois Route 120 and Ringwood Road between April 15 and June 13. All of these sections have become outdated with the Capital Spending Bill of 2010. With that bill, all roads in Illinois became non -designated for the purpose of vehicle weights. This means that all roads have a maximum gross weight of 80,000 pounds, a single axle weight of 20,000 pounds and a tandem axle (two axles next to each other) of 34,000 pounds. The current designated and non -designated standard only applies to lengths of trucks not weights. Our current industrial areas (Prime Parkway, Ridgeview, Dayton, Albany, Industrial, and any adjoining streets) have no designation as Class 2 truck routes. This means that a semi -truck with trailer has a maximum length of fifty-five (55) feet on city streets. A typical semi -trailer length is fifty-three (53) feet, not including the semi -truck pulling it. A standard semi -truck on any of our industrial streets would be over length. This becomes an issue for liability on the part of the driver and truck. If that truck were to get into an accident and was found to be over length, that company and driver could hold a higher percentage of liability even if the other driver was at fault. By designating these roads as Class 2 truck routes, we can help reduce their liability, thereby making our roads safer and more accommodating to businesses looking to locate in McHenry. McHenry also has an oversize/overweight notification system in place which is currently managed and run by the Public Works Division. When a company is going to operate a truck outside the legal weights, they send a notice to the Public Works Division. These forms are non- binding. With the current local ordinances in place, anyone found violating the form they filed, or operating without notifying the City, is not subject to any enforcement action. With the current oversize overweight system in place, there is no guarantee the trucks coming down the city streets well over the maximum legally allowed weight have insurance, or any indemnity with the city in the event they cause damage or harm to any persons or property they encounter. There is no oversight to ensure safe travel, or to restrict a road they may travel on. Many times the truck driver will choose the most convenient route for them, which may not be the safest route for them to travel. The companies that operate these oversize and overweight vehicles prefer to have a system in place to obtain a permit from the local municipality. This ensures that they are on the same page as the municipality to travel safely on the road, and that they will be able to travel to their destination without any issues from local law enforcement or the public. These companies will pay for these permits because they are aware of the damage they are causing to the roads. Analysis: The current ordinances are out of date and unenforceable. All of the roads listed as restricted do not have the proper signage or wording in the ordinance to allow officers to enforce them. The truck routes as listed are either roads that the City has no jurisdiction over (Illinois Route 120 and Illinois Route 31) or have no definition as to what makes that route a "truck route". Article 8, section 13-801 designates Illinois Route 120 and Illinois Route 31 as the only place where section 625 ILCS 5115-111(f) applies. This is outdated as the weight laws in the Illinois Vehicle Code pertain to all roads in the City. A review of the requests made to the McHenry Public Works division showed forty-eight (48) requests in 2013 and forty-one (41) requests in 2014. Of those eighty-nine (89) requests, twenty- two (22) of the requests were of legal weight and would not require any type of request to the City to operate. In looking at the 2013 and 2014 requests the average load was around 120,000 pounds. The current maximum weight allowed on the road is 80,000 pounds. This means that that truck is travelling down the local roads at 1.5 times the legal weight. Statistics show an 80,000 pound truck is equivalent to 9600 cars travelling on that road. The City of McHenry has no system in place to keep these roads in good working order after these large trucks have travelled on them. Recommendation: If Council concurs, then it is recommended a motion is considered to approve the attached Ordinance amending Chapter 13 of the City of McHenry Traffic and Motor Vehicle Code to repeal and replace Articles 7 and 8 as presented. ORDINANCE NO. MC-15- An Ordinance Amending Articles 7 and 8 of the City of McHenry Traffic and Motor Vehicle Code WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City Council desires to amend Articles 7 and 8, Chapter 13 of the City Traffic Code, in their entirety and add definitions to Section 13-001 of Article 13 of the City Traffic Code to implement the new provisions relating to Articles 7 and 8. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Aldermen of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Section 13-001, Definitions, of Article 13 of the City Traffic Code shall be amended to add the following definitions, in alphabetical order: ANNUAL PERMIT. A permit issued to a single truck, truck -tractor power unit, or piece of special mobile equipment which is valid for unlimited moves for a period not to exceed one-year from the date of issuance. NON -DIVISIBLE. A vehicle and load will be considered non -divisible when further separating or dismantling the vehicle or load: (a) Would require more than 8 work hours to dismantle using appropriate equipment. The applicant has the burden of proof as to the number of work hours required to dismantle the load. (b) Will compromise or destroy the intended use of the load only. A load can be either permanently mounted or temporarily secured equipment. Any parts, fluids, or material necessary to the operation of only the power unit portion of the vehicle shall be deemed non -divisible. (c) Would prohibit the vehicle from hauling one attachment that is necessary to the operation of the load. To be considered non -divisible, the attachment must be securely mounted to the load in the manner it is to be used and not carried as a separate object on the hauling vehicle. It is the duty of the applicant to declare such an attachment in the permit application. ONE-WAY OR SINGLE TRIP PERMIT. One move from the point of origin to the point of destination. Any additional stops between the point of origin and the point of destination are expressly prohibited. Single trip permits are valid for 5 consecutive days from the date of issuance unless otherwise directed by the Police Department. QUARTERLY PERMIT. A permit issued to a single truck, truck -tractor power unit, or piece of special mobile equipment which is valid for unlimited moves for a period not to exceed three months from the date of issuance. REGISTERED WEIGHT shall mean registration weight paid to the Illinois Secretary of State or the State IN which the vehicle is registered. ROUND-TRIP MOVEMENT. Two trips over the same route in opposite directions. Round-trip permits are valid for 10 consecutive days from the date of issuance. POLICE DEPARTMENT. The City of McHenry Police Department CITY. The City of McHenry SECTION 2: Sections 13-701-704 of the McHenry Traffic Code shall be repealed and replaced as follows: Restricted Road Traffic 13-701 Except as provided otherwise herein, the following roadways are hereby restricted to vehicle traffic with a single or combination registered weight of 26,000 pounds or more: (a) Orleans Street from McCullom Lake Road to Oak Drive. (b) Riverside Drive from McCullom Lake Road to Washington Street (c) Martin Road from Illinois Route 120 to Ringwood Road. (d) Maple Avenue from Richmond Road to Millstream Drive. (e) Lillian Street from Front Street to Crystal Lake Road (f) Dartmoor Drive from Crystal Lake Road to Curran Road (g) Veterans Parkway from Illinois Route 31 to Green Street 13-702 The following roads are classified as Class 2 truck routes pursuant to 625 ILCS 15-107: (a) Industrial Drive (b) Oak Drive from Elm Street to Orleans Street (c) Albany Street (d) Dayton Street (e) Belden Street (f) Prime (g) Corporate Parkway (h) Miller Parkway (i) Ridgeview Drive 0) Century Court (k) Medical Center Drive 2 (1) Borden Street (m)Commercial Drive (n) Blake Boulevard (o) Curran Road from Illinois Route 120 to Bull Valley Road (p) Bull Valley Road from Curran Road to Crystal Lake Road (q) Bolger Court (r) Metalmaster Way (s) Hi Point Road (t) Dot Street (u) Hill Street (v) Adams Drive (w) Barney Court (x) Ringwood Road which is under City of McHenry jurisdiction from Illinois Route 120 to the northern most city limits 13-703 The following vehicles are permitted to be driven on City Streets notwithstanding the prohibition within section 13-702, above: (a) Vehicles of legal size and weight making deliveries or conducting business on the restricted route (b) Emergency vehicles (c) Government owned vehicles (d) Utility companies while conducting maintenance or repairs (e) School buses (f) City permitted garbage trucks (g) Personal vehicles when the resident of a restricted road, or connecting road is going to or from their residence (h) For Martin Road restriction implements of husbandry shall be exempt as well as farm vehicles in the course of farming land that adjoins Martin Road 13-704 Violation of 13-701 shall be punishable by a fine of minimum $50 but not more than $750. SECTION 3: Sections 13-801-805 of the McHenry Traffic Code shall be repealed and replaced as follows: 13-801 PERMITS. (a) A permit shall be required for the movement of any vehicle or combinations of vehicles, that is non -divisible or is carrying a load that is non -divisible, while operating on roadways and bridges within the jurisdiction of the City which exceeds the following limits: 1. Maximum gross weight of more than 80,000 pounds; 3 2. Maximum single axle weight of more than 20,000 pounds; 3. Maximum tandem axle weight of more than 34,000 pounds. 4. Axle weights or series of axle weights that exceed the maximum limits set forth in 625 ILCS 15-111(f). 5. Maximum gross length of 42 feet for single vehicles; 6. Maximum gross length of more than 55 feet for tractor -semitrailer combinations; 7. Maximum gross length of more than 60 feet for all other combinations; 8. Maximum gross width of more than 8 feet, 6 inches; 9. Maximum gross height of more than 13 feet, 6 inches; (b) Exempt from permits are the following: 1. Fire department vehicles; 2. Those vehicles operating under an emergency declaration; 3. City owned vehicles engaged in emergency utility repair; 4. Equipment used for snow and ice removal, owned or operated by any governmental body. (c) Permits shall be issued only in the name of a person, firm, business, or corporation that owns and operates the transporting vehicle or that operates the vehicle under a bona fide lease agreement. (d) Permits for vehicles that are both overweight and/or oversize are valid only a half hour before sunrise until a half hour after sunset, on any day which a permit issued by the Illinois Department of Transportation is valid. (e) Permits are non -transferable and apply only to the permittee. (f) The City may issue revisions to permits: 1. To correct an error attributed to the City; 2. To correct an error attributed to the applicant, discovered before the move. 3. To adjust weights, dimension or routes as issued on the permit, before the move is made. (g) The permit, when issued, constitutes an agreement between the permittee and the City that the move described in the application will take place only as described. The permittee has the responsibility to report to the Police Department any inaccuracies or errors on the part of either the City or the permittee before starting any move. Undertaking the move is prima facie evidence of acceptance of the permit as issued and its terms. (h) The routing prescribed in the permit constitutes the sole extent of the authority granted by the permit for the use of roads within the jurisdiction of the City, and any vehicle and/or load found to be off route will be considered off route and without a permit. Permits shall be in the drivers possession at all times unless otherwise directed by the Police Department and presented upon demand to any and all police officers for the purpose of inspection. Both electronic and paper copies of the permit are acceptable. (i) Any vehicle(s) and/or load found to be divisible will render the permit null and void. The entire gross weight and axles weights of the vehicle(s) with the load are subject to legal weights. It is the duty of the applicant to verify the non -divisibility of the vehicle(s) before making application for the permit. The permit application 2 itself is prima facie evidence that the applicant confirmed the vehicle(s) and/or load was non -divisible. (j) If required, arrangement shall be made by the permittee to have the proper utilities notified, property moved, bridge or highway analysis performed and completed in advance of any permit movement. (k) All movements under the permit shall be made in accordance with all applicable federal, State and local laws, ordinances, rules and regulations. (1) Permits are null and void if altered for the purpose of deception. The permits issued under this section constitute the grant of a privilege by the City and may be denied or suspended for such reasons as the City may deem rationally related to its governmental interests including, but not limited to: 1. A permittee knowingly providing incorrect information in an application for a permit; 2. A permittee, its agents, or employees operating on a permit which has been altered for purposes of deception; 3. Non-compliance by permittee, its agents or employees with federal, State, or local ordinances pertaining to the transport of goods or operation of a vehicle engaged in the transport of goods; 4. Moving on City streets without a valid permit as required under this section. (m)All single -trip or round-trip permits are limited to movements on assigned routes only. (n) All quarterly or annual overweight permits are restricted to the following maximum limitations and routing: 1. 12 ft. in width 2. 13 ft. 6 in. in height 3. 115 ft. in length 4. May not move across bridges or structures that are posted or listed as such on the City truck route map. 5. May not move on a "no -truck" route that is posted or listed as such on the City truck route map, without written permission from a member of the Police Department. 6. May not use any City street as a cut-thru to avoid using a State, County, or Township highway. (o) These permits are subject to all standards of application set forth in 18-178(b), except that the load may be interchanged provided none of the above listed maximum weight and size dimensions are exceeded. Quarterly and annual permits shall list the registration number and state for the power unit, and vehicle identification number (VIN). The serial number of the power unit, and/or owner applied number shall also be listed, if applicable. (p) Any violation of these terms will render the certificate null and void, and subject the driver, firm, business, or corporation that owns the vehicle to legal weight and dimension laws. The arresting police officer will immediately confiscate the permit. 13-802 APPLICATION FOR PERMIT. 5 (a) All applications for permits shall be given full consideration. Permits for proposed moves may be issued: 1. When the City roadways and bridges will not be unduly damaged; and 2. When the safety of the traveling public will be adequately protected. (b) Applications for a permit to move an oversized and/or overweight vehicle, and/or load, must be made to the Police Department. The following information shall be included on the permit application: 1. Company name 2. Company address 3. Company fax & telephone numbers 4. Description of hauling vehicle or power unit. 5. Description of load to be moved and if the load is carrying an attachment. 6. Maximum dimensions, gross weight, and axle weights of vehicle including load. 7. Roads under the jurisdiction of the City to be traveled 8. Any special conditions 13-803 POLICE ESCORTS. Police escorts are required for certain vehicles and loads as indicated in subsection herein. The total number of officers necessary to provide for a safe move shall be determined by the Police Department, based upon the size and weight of the permit move. Fees for escorts shall be in addition to the permit fees set forth herein. Escort fees shall provide for a minimum of 2 hours of service calculated by the most current overtime rate established by the Police Department. 13-804 BONDS, INDEMNIFICATION AND INSURANCE. (a) The permittee shall assume total liability for any and all damages to streets, bridges, City owned appurtenances and private or public property while engaged in a permit move. The measure of liability is the cost for all repairs or replacement of property damaged by the permittee. (b) The permittee shall indemnify and hold harmless the City or members of the Police Department from any costs, judgments or settlements, including attorney's fees, arising from physical injuries, including loss of life, or damage to or loss of property related to acts or omissions by permittee, its officers, agents, or employees pursuant to the permit. (c) Upon application for a permit each applicant shall provide evidence of a valid comprehensive general liability insurance policy, with an insurance company approved by the City, for protection against personal injury or property damage in the amount of $1,000,000.00 per occurrence. The City and the Police Department shall be listed as a certificate holder on the policy. 13-805 SUSPENSION AND REINSTATEMENT. (a) Suspension of a current permit shall be for the time determined appropriate by the Police Department; however, reinstatement may be made upon conditions determined by the City and payment of all outstanding settlements or judgments. (b) The Chief of Police or their designee shall administer and enforce this section and 2 shall have the authority to grant, deny, suspend, or reinstate Permits. Any applicant or permittee denied a permit or who has had a permit suspended, upon request, shall be given a hearing before the Chief of Police first, then the City Manager if the permittee is still unsatisfied. (c) No permits shall be issued an applicant or company who has outstanding fees or payments due to the City. 13-806 PERMIT FEE SCHEDULES. (a) The City with respect to highways under its jurisdiction shall collect a fee as shown herein from applicants for the issuance of a permit to operate or move a vehicle or combination of vehicle(s), and/or loads, which fit the categories shown. Any axle or gross weight greater than the maximum weights set forth in this ordinance is subject to special assessment and investigation to determine appropriate fees. (b) The City Finance Department is responsible for the billing, invoicing, and collection of permit fees. The Finance Department, in their discretion, may make rules and regulations as to acceptable methods of payment and due dates. Any unpaid permit fees will be turned over to a collection agency under contract of the City. 1. Fee Schedule; 7 a. The fee schedule for single vehicles shall be as follows. MAX SINGLE ROUND CATEGORY AXLES WEIGHTS AXLES TRIP TRIP QUARTERLY ANNUAL lA 2 48,000 GROSS $15.00 $25.00 $85.00 $340.00 ANY SINGLE 25,000 AXLE 2A 2 54,000 GROSS $20.00 $35.00 $100.00 $400.00 ANY SINGLE 28,000 AXLE 3A 3+ 60,000 GROSS $25.00 $45.00 $115.00 $460.00 ANY SINGLE 21,000 AXLE 40,000 2 AXLE TANDEM 4A 3+ 68,000 GROSS $30.00 $55.00 $130.00 $520.00 ANY SINGLE 25,000 AXLE 48,000 2 AXLE TANDEM 5A 3+ 72,000 GROSS $60.00 $115.00 $270.00 $1,080.00 ANY SINGLE 25,000 AXLE 48,000 2 AXLE TANDEM 6A 3+ 80,000 GROSS $70.00 $135.00 $285.00 $1,140.00 ANY SINGLE 27,000 AXLE 54,000 2 AXLE TANDEM 7A 4+ 72,000 GROSS $35.00 $65.00 $145.00 $580.00 ANY SINGLE 21,000 AXLE 40,000 2 AXLE TANDEM 8A 4+ 76,000 GROSS $40.00 $75.00 $160.00 $640.00 ANY SINGLE 23,000 AXLE 44,000 2 AXLE TANDEM 9A 4+ 80,000 GROSS $60.00 $100.00 $225.00 $900.00 ANY SINGLE 27,000 AXLE 54,000 2 AXLE TANDEM 3 OR 4 AXLE 60,000 GROUP b. The fee schedule for combination vehicles shall be as follows. MAX F SINGL ROUN [ANNUAL CATEGOR AXLES WEIGHT AXLES E D UARTERL 1B 5+ 88,000 GROSS $30.00 $55.00 $190.00 $760.00 23,000 ANY SINGLE AXLE 44,000 2 AXLE TANDEM or 3 OR 4 AXLE GROUP 2B 5+ 100,000 GROSS $40.00 $75.00 $220.00 $880.00 25,000 ANY SINGLE AXLE 48,000 2 AXLE TANDEM or 3 OR 4 AXLE GROUP 3B 6+ 110,000 GROSS $45.00 $85.00 $235.00 $940.00 23,000 ANY SINGLE AXLE 44,000 2 AXLE TANDEM 4B 6+ 120,000 GROSS $50.00 $95.00 $250.00 $1,000.00 25,000 ANY SINGLE AXLE 48,000 2 AXLE TANDEM 5B 6+ 143,000 GROSS $60.00 $115.00 $325.00 $1,300.00 27,000 ANY SINGLE AXLE 54,000 2 AXLE TANDEM 6B 7+ 162,000 GROSS $70.00 $135.00 $400.00 $1,600.00 25,000 ANY SINGLE AXLE 50,000 2 AXLE TANDEM 75,000 3 AXLE GROUP 7B 8+ 187,000 GROSS $80.00 $155.00 $500.00 $2,000.00 * * SAME AXLE WEIGHTS AS 6B ** C. The fee schedule for over dimension (oversized vehicles) shall be as follows. SINGL ROUN CATEGOR MAX SIZE ESCORT E D QUARTERL ANNUAL 1C WIDTH: 10' NO $15.00 $25.00 $75.00 $300.00 HEIGHT: 13'6" LENGTH: 115' 2C WIDTH: 12' NO $20.00 $40.00 $120.00 $480.00 HEIGHT: 13'6" LENGTH: 115' 3C WIDTH: 14' NO $30.00 $55.00 $165.00 $660.00 HEIGHT: 13'6" LENGTH: 115' 4C WIDTH: 18' YES $50.00 $95.00 X X HEIGHT: 16' LENGTH: 13 5' 5C WIDTH: >18' YES $100.00 $195.00 X X HEIGHT: > 16' LENGTH: >135' SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. PASSED and APPROVED this 20th day of July 2015 Voting Aye: Voting Nay: Abstaining: Not Voting Absent: ATTEST: City Clerk Mayor 10 11