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HomeMy WebLinkAboutPacket - 07/06/2015 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING Monday, July 6, 2015, 7:00 PM 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. City of McHenry Mission Statement 5. 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. 6. Motion to approve the following Consent Agenda Items: A. Final Pay Request from Wm. Tonyan &Sons for Ft. McHenry Construction/Renovation in the amount of $23,990 and Change Order for additional work performed for $7,508.96 fora total final pay request of $31,498.96; B. Award of Bid to Behm Pavement Maintenance, Inc. not to exceed $30,000 for 2015 Asphalt Crack Sealing Maintenance; C. Block Party Application on Conway Circle, July 1 lth and Jennifer Lane, August 29, 2015; D. Parks Special Use/Picnic Permits E. June 1, 2015 City Council meeting minutes; and F. List of Bills. 7. Motion to approve an ordinance granting a variance from the 100' frontage requirement to 75', and a variance from the 50' separation requirement between two driveways to 31', to allow two driveway cuts at 1620 N Riverside Drive 8. Motion to approve an ordinance granting a conditional use permit to allow a restaurant with outdoor seating and service at 1406 N Riverside Drive with the condition that outdoor entertainment is prohibited and access to the outdoor seating is restricted from the north and south 9. Motion to approve a request for a variance from the sign ordinance to allow a second wall sign at 4005 Kane Avenue, Unit L on the south building elevation not to exceed 30.27 square feet 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 frscatly responsible manner. McHenry City Comeil Meeting Agenda July 6, 2015 Page Two 10. Motion to authorize the Mayor to execute an Intergovernmental Agreement for Dispatch Services between the City of McHenry and the McHenry Township Fire Protection District 11. Motion with regards to a request for an amendment to the existing boundary agreement with the Village of McCullom Lake to allow the annexation of approximately 22-acres located at the southeast corner of McCullom Lake Road and Flanders Road to the Village of McCullom Lake 12. Motion to approve an ordinance authorizing the Mayor's execution of a Property Tax Abatement Agreement between Seth Wagner & Associates Real Estate Company representing Fabrik Industries, Inc. located at 5213 Prime Parkways City of McHenry; McHenry County; Nanda Township Cemetery District; McHenry County Conservation District; McHenry County College District 528; McHenry High School District 156; McHenry Elementary School District 15; McHenry Township Fire Protection District; McHenry Public Library District; Nunda Township; and, Nunda Township Road & Bridge District 13. Motion to approve an ordinance granting a conditional use permit to allow an assembly use and proposed 11,200 square foot addition for Edgebrook Elementary School located at 701 N Green Street 14. Motion to approve an ordinance granting a conditional use permit to allow an assembly use and proposed 14,130 square foot addition for Valley View Elementary School located at 6515 W. Route 120 with the condition the parking lot is expanded in conformance with city and state codes 15. Motion to approve the Mayor's execution of a Professional Services Agreement with HR Green, Inc. for construction observation of Wastewater Treatment Consolidation of the Central and South Wastewater Treatment Plants for the lump sum amount of $1,443,000 16. Mayor's Statement and Reports 17. Committee Reports 18. Staff Reports 19. Future Agenda Items 20. Adjournment 2°Ite C,`fPy s�f'i�le�eatry �:� tCeriiec�ferCte�g�rr�vs��lirx� ets e�atazetz�, heasixae��es, antl vdsrtar�s with t�t� hf;�Fzc�9f rfcerzfety txf�tr¢�t�cXtras tr�tt�ser�fic°rs i� � c�ea�dr�tac��-arie�tt�tl, e��c�actai, aar�el�sca�ly res�a�r€ ibt� �rz�rnrz��. DATE: TO: FROM: RE: ATT: 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 July 6, 2015 Mayor and City Council Bill Hobson, Deputy City Administrator Final Pay Request for Ft. McHenry Park Renovations Pay Request BACKGROiJND: On May 19, 2014, the City Council approved a bid from Wm. Tongan & Sons, Inc. for construction and renovation of Ft. McHenry Park for an amount not to exceed $239,900. Attached is a final pay request from Tonyan & Sons, Inc. totaling $31,498.96. ANALYSIS: The final pay request of $31,498.96 includes the balance of the original contract $23,990 and $7,508.96 for additional construction work performed at the park for a total of $31,498.96; bringing the total contract amount to $247,408.96. The work has been completed satisfactorily and the park is open. RECOMMENDATION: If Council concurs, it is recommended a motion is made to approve the final pay request to Wm. Tongan &Sons, Inc. in the amount of $31,498.96 as presented. Wm. TONYAN AND SONS INC. 1400 South Route 31 ®McHenry, Illinois 60050-8299 Phone: (815) 3854466 • Fax: (815) 385-8439 www.WmTonyan.com To: McHenry Municipal Center. 333 S. Green Street McHenry, IL 60050 Attn: Bill Hobson Date: June 185 2015 Project: Ft. McHenry WTS 14-037 Project No.: Terms: Net Invoice # / © 1-1/2% Service Charge After 30 Days Re: Additional Work to Rebuild Benches and Other Areas Not Part of Original Scope of Work at Ft. McHenry Total Amount Due This Invoice...............................................$7,508.96 CONTRACTOR'S APPLICATION for PAYMENT TO: City of McHenry McHenry Municipal Center 333 South Green Street McHenry, II 60050 FROM CONTRACTOR: Wm. Tonyan & Sons, Inc. 1400 South Route 31 McHenry, II 60050 CONTRACT FOR: PROJECT: WTS 14-037 Fort McHenry Renovation VIA ARCHITECT: CAP702 SUMMARY PAGE Application No.:: 6 Application Date: 6/17/2015 Period To: 6/17/2015 Contract Date: 5/19/2014 Architect Project#: Distribution to: OWNER ARCHITECT CONTRACTOR CONSTRUCTION MGR 1. Original Contract Sum 239,900.00 2. Change Order Summary ADDITIONS DEDUCTIONS Total changes appproved in 0.00 0.00 previous months by Owner Total approved this Month 0.00 0.00 TOTALS 0.00 0.00 Net Change by Change Orders 0.00 3. CONTRACT SUM TO DATE (Line 1+ _ 2) 2391900,00 4. TOTAL COMPLETED & STORED TO DATE (Column G on CAP703) 239,900,00 5. RETAINAGE: a.10.00 % of Completed Work (Columns D + E on CAP703) b. 0.00 % of Stored Material (Column F on CAP703) Total Retainage (Line 5a + 5b or 0.00 0.00 Total in Column I of CAP703) 0.00 6. TOTAL EARNED LESS RETAINAGE (Line 4 less Line 5 Total) 239,900,00 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) 215,910,00 8. CURRENT PAYMENT DUE 23,990.00 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) 0.00 Date: 6/17/2015 County of: McHenry //, Subscribed and me this 17th day of June, 2015 Notary Public: Donna J Tharp My Commission expires: November n: F ( State ofj II !�J 9, 2017 ARCHITECT'S CERTIFICATION: The Architect's signature here certifies that, based on their own observations, the Contract Documents and the information contained herein, this document accurately reflects the work completed in this Application for Payment. The Architect also certifies the Contractor is entitled to the amount certified for payment. AMOUNT CERTIFIED: (Architects Signature) Date: Software by: PEM Software Systems, Inc. 1-rS00-803-1315 Copyright 2007 O I♦ i XCAm' OF THE Fox RIVER Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: July 6, 2015 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Worlcs RE: 2015 Asphalt Crack Sealing Maintenance Program Bid Award BACKGROUND: On May 18, 2015, City Council authorized staff to publicly bid the 2015 Asphalt Cracksealing Maintenance Program. ANALYSIS: The following sealed bids for 2015 Asphalt Crack Sealing Maintenance Program were received on June 23, 2015: • Behm Pavement Maintenance, Inc. —Crystal Lake, Illinois $.491 per LF • Microsurfacing Contractors, LLC — Peoria, Illinois $.92 per LF • SKC Construction, Inc. — West Dundee, Illinois $.501 per LF Staff has analyzed the bid and verified that all work and material needed to perform the work is included. Behm Pavement Maintenance, Inc. successfully performed last year's asphalt crack sealing maintenance program. Public Works Staff will conduct the construction observation on this project. The 2015/16 Capital Improvement Program includes $30,000 for a crack sealing maintenance program with revenues from the Motor Fuel Tax Fund. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the bid award to Behm Pavement Maintenance, Inc. for 2015 Asphalt Crack Sealing Maintenance Program in an amount not to exceed $30,000. 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 6, 2015 Regular City Council Meeting RE: Block Party Request ATT: Application and Aerial Photograph The following block party requests were submitted for consideration: Conway Circle. Dawn Lucas who resides at 1618 Conway Circle in The Oaks of Irish Prairie subdivision is seeking permission to close Conway Circle between Cashel and Dundalk on Saturday, July I I'h, from 11:30 AM to 9:00 PM. Attached is an application submitted by Ms. Lucas on behalf of the resident of Jennifer Lane. The block party as proposed will not adversely affect the neighborhood. Jennifer Lane. Ron Bielski who resides at 1719 Jennifer Lane in the Millcreek subdivision is seeking permission to close Jennifer Lane between Prestwick and Orleans Street for a block party. The party will be held on Saturday, August 29, from 12:00 PM to 12:00 AM. Attached is an application submitted by Mr. Bielski on behalf of the residents of Jennifer Lane. The block party as proposed will not adversely affect the neighborhood. If Council concurs, then it is recommended that a motion is considered to approve the block party requests as presented. The Public Works Department will provide barricades and the McHenry Township Fire Protection District and Police Department will be notified of the event. Block Party Permit Application Revised 5/12 Application submitted by: Street Address: 1(D q 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: Hours of Proposed Street Closure: Subdivision Name: RECEIVED �uN 2 5 2015 CITY OF MCHENRY 20�J P• a.m / .m. until UU a.m./�m. Specific Location of Proposed Street Closure (i.e. from what intersection to what intersection): Street Contact Person(s): Contact Persons) Address: I ,q � Daytime Phone Number: C� ! lEvening Phone Number: I hereby certify all persons in my neighborhood impacted by the closure of this street have been notified of same. r ,n Signed: 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: m�Pro �hty cr,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 _ _ ' ~ r :i - . Ell L, to ME EE Ell 00, yy,A1 L EE EE 4 I Ell l _�' ,- r J r�+ a Yl ., ,.y + r r, w EL to It Ell CoPIyrig Et f �r--- AL-LEr{f" Ito �1-& leproVli� is' With no guarai 0f4T -ur cy, c ess, or currency'. r Pluck Party Permit Application Revised 5/12 Application submitted by: Street Address: I `I i �j J. g ry�ov i .0 er L a W&J e Date Submitted: NarF;: PLEASE SUBMIT YOUR APPLICATION TO THE ADMINISTRATION OFFICE AT LEAST 30 DAYS PRIOR TO DATE OF PROPOSED BLOCK PARTY Date of Block Party: Hours of Proposed Street Closure: /� -C,y� a.m./�ii 'until It ; j � a.m./ .m. Subdivision Name: /olq I Cr e e Specific Location of Proposed Street Closure (i.e, from what intersection to what intersection): Street Contact Person(s): Da��time Phone Number: � i df'7-` �2 )-i -• 0 4z Evening Phone Number: I hereby certify all persons in my neighborhood impacted by the closure of this street have been notified of same. Signed: UPON COMPLETION, PLEASE SUBMIT APPLICATION TO: CITY OF MCHENRY ADMINISTRATION OFFICE 333 SOUTH GREEN STREET MCHENRY IL 60050 OR FAX: 815-363-2119 OR E-MAIL: m2craglitY(i)ei.mclienrV.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 IPAle t45 gig, ' - lfrig + _ fl R =i ILL. ILL. pliggigpip It Fir •011110 r PRE IEK STREET li Imp lijimp mi pig pill PRESTLYIGK STREET !� ple I. - Fir 6 � r.. { e t r I } I jr L. p of �1 �- --- i i ' - goFlip. pip IFF f lip A ,, .— - - PP % op.� . s}, l f W' - cd f dd Igo z Air •: /f i f xj / 1 v;OFF i `Pbr f�... t,qqq 'itagm- --"'ter ---- RL TR °4 + f' C, AW pop 1. W f .'� y�U z... �, LU pie IF ppipp.— IFF 41 "pipl $ �/ err ✓ , , a! A 1,:Slir.F.' P 4 11 ]�'A !. _ . . - . -. fTi--.IJTr'T.. '.STh.1` ,. S. 1 f _ . .. 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 6, 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 quality of programs and services in acustomer-oriented, efficient, and fiscally responsible manner. FOR COUNCIL MEETING ON July 6, 2015 Beer/Wine Permit Requests These are beer and wine permit requests associated with picnic permits. Date of Picnic Applicant Address 07/26/15 Gary Monroe Bday 4213 Prairie Ave, McH 08/09/15 Ana Quintero Bday 3116 Thompson Rd, Wonder Lake Special Use Application Requests There are special use application requests associated with picnic permits. Date of Picnic Applicant Address Special Use 07/26/15 Gary Monroe Bday 4213 Prairie Ave, McH bounce house, grill 09/09/15 Kelly Miller Circus PO Box 826, Hugo, OK moon bounce, elephant, camel &pony rides, 120x120 tent TConaway\pic perm list.doc AND & IVIC HENRY PARK VACY.LCTYES SPECZAE USE AND/OR BEE R/` INE APPLICATION Contact Person; Address: v City/State/Zip; i1-6_-.L_e,,n✓W Phone: Cate of Picnic:_.7_ ._°..:..!5 _.._... \�Jork/Cell Phone: X/ 3 07 - Ulna Park: cs Knox Parl< (A only) ��etersen Park t� Veteran's Memi�rial Pt:trl< Area: [.*fShelter A n Sheller B a Shelter (; 1:) Other: Arrival Timer-Z . 60 Iv, --' _ Departure Time: 7312 total Nt.imber Attending:_.. L��V _.__..___.._ Fczlsrfyin�; alterrdcrrzee nurriGers raill result i�� dn,ss of clepn,sit. Groups over 500 must obtain additional• t_r dumpsters n portable toilets Water, electricity and restrvorns are available at all sites. Knox Park A has a portable restroom, Brief description of event (company picnic, car show, craft show, wedding, etc.):.�� �. f / IC�C� 1 p c/l _ Dist all activities to be held: Items broughtj�' ,tto park 'ite: f�� ables r�'Cha.irs ru 13e:nches o Ctlrnival Rifles �t Music ❑Animals o Catered Pig Roast t) Other �:j'`G�1i'1`Z�d2.. /%�' lO11 n Tent; Location In Park; ELECTRICAL Size: FOR TENTS n APPI.ICANT TO CALL .IUL,IE (1-800-892-01?3) TU BE LOCA Orr. D u NO ELECTRIC: Shamrock "Tent Staked: c� yes c� no T'iY%�:1:ti,Y*%Y(X%%ikk1Y'iC:YiCiC%%XiYit1'(tifri'%%%%(lY 1k'1(%'/(%�f%ri'1F%Y.:F1Y*%;�Y'I:1�'1C �C%Y1F%'i(>I'%k1C 1'f>C1Y%%%YfhY(1k%%%>Y%'k>f 1�f%%t(�(%tf%'NH1(k%'N%NN><1�'h!f 'i!Y%Sfkk>: '`,'Vitt beer/wine be preserat, n `Yes n No I�r YOU CI-I�'CIC'+ r.S, PLEASE ANSWER QUESTIONS I3E�.OW; Indicate the number of beer/wine permits denied , lndicaSe amount of beer•/wine to �e brought into the City Park under this permit oil above date (number of\ViIA ottles, beer cases, beer kegs, etc,)_ I agree that all the beer/wine eonta.iners will be removed by applicant or placed in proper containers on site on the permit'da.te and that no underage or intoxicated person will be allowed to consume any of the beer/wine bror.rght into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of Mcl-lenry park, purst rant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited, I have read and will comply with the City of Mct-lenry Park Permit rules. I have read and understand the rules and regulations that have been set I'ort:h by the City of McHenry regarding the. Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arising Front the use of the park property. I also understand that not complying with the Park Permit rules will result in loss of'del)osit, Signature: � Date: � ' "Z � - /,j ��ealth pertuits tare re aired by law for concessions and cateri7tg..Pleasc make. �irrartgemeirts to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions: ,t**k,l*,t#*,4,Fkk,Ylk,Yk A�,4W,Y+YVr*k,tk>t�k,trF,V+t*+t�,l'YC Yf*j+P*r()tj lJ t�t'I�..t�t.�Jl:. olY�{/*,Fxk,Y r. %�'r Y: *'h rY h��l',F ytk Y;ttic ;Y**Rfr �: •kk1t V! Reservation Fee: �_ ____ ��/��__...._..�_.— Date Paid:____ ? _ Initials; �,��' _ Deposit$—___ Payment _asii ❑ he k Cl par •i�otal Fee: Q_—_�.Submitted Confirmation Sent: �lnitials: Cif Council A r va : ^�—._..--- Y PP o i -- - - - ---__ parkslformslpicnic Formslspeci�l use and beer end or wine applicrtrion IYUNH, NR �' PARI� FACILITIES SPECIAL USE AND/OR BEE R/WINE APP Contact. Person: -Gt��r�ptrrly/C�rgau.i•zatit� n : Gity/State/lips, 'i-,_ Name Phone: Address: �XCA I :[ON Date of Picnic: Wark/Cell Phone:_ 7/i I -✓L_.{ 1 Park: U Knox Park (A only) ,- ijetersell Park ❑ Vetera.n's Melnorial Park Area: o Shelter A ❑ Shelter B G helter C r:r Ocher:`_ Arrival "pine: t Departure Tillie: jy' Total Nr.tmber Attending, �(._ _ _ Falsifying alten�dnrace n.ra�nGers will r'esuld iiz Inss nj<Jepnsit. Groups over 500 must obtain additional: n dumpsters n portable toilets Water, electricity and restroorns are av�ail�rble at all sites, Knox Park A has a portable restroonl• Brief description of event (company picnic, car show_ craft show, wedding, etc,):._ >(.,1'('{ r' List all activities to be Items brought into park site u Tables t-j Chairs u Benches u Carnival [tides n Music n Animals n Catered Pig Roast n Oth.er C :' IT ITT n Tent: Location In Park ELECTRICAL, PORTENTS n AC'1'1_,ICAN'1• "TO CALL JLILCL--; (1-8Q0-89?.-01?3) TO BE LOCATED n NO ELECTRIC: Shamrock "bent Staked: a yes n no ri'ri'*%%ik'c><'it'kA"h%%'ht,ici,%%%%%Y%'k%il'�!%DC%'kT�'Y%'/(1�'X%%iFA'%�;'};�:;f'X>:'kX�:9(tYY7i 1f•F'i(i[i�T1F'1(%%X%'ifY(X1�X%fY 71'%'if>'t 1�kfi K1�St Y'f Nl4kkktif 'h '.'f >'fN HfC 'k if Y, 'h t'<St%Yti: Wilt beerh'vine be present: r� Yes n No X + YUC1 Clot CtC YES, I LEASE ANSWER QUESTIONS BELOW: Indicate the number of beer/wine permits denied indicate arrrount of beer/wine to be brought into the City Park under this permit on above date (number oi'wine O'ottles, beer cases, beer kegs, etc,);, I agree that all the beer/wine containers will kae removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McC-Ienry park under this permit. I agree that none of the beer/wine allowed in the City of Mcl-lellry park, prrr•suant t:o this application will be said, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited, I have read and will comply With the City of Mc[-lenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the. Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arisinc Front the use of the park property, I also understand that not complying with the Park Permit rules Will result in loss of deposit. Signature: IT Health permits are required by law for concessions and catering. Please make arrangements to obtain permits. NOTE; Approval will be based on the items listed above. Any other requests are subject to Further approval. Restrictions; AwwwwA w'k wwwwwwwwww,rw*ww%k:kkw+F >kww,tww,ta <•A wwA'it FOR OFFICE !lt'I'ICtJ tl,7l:l)rj�t.,�lw*;t+Ywis +tx h+t ih w•w h ktw>p i}*%hit 'h %h*�t •k *icx wpk*xwk*h>Yki +kk#V;$i; Deposit pee: $ ,?"' Payrnen[: fJ ash 0 heck C7 Char r Total Fee; Submitted to CityCouncil: Confirrnatiori Sent:_�T _ _Initi<als:._ City Council Approval:-_ ��----� parkslformslpicnic Formslspaeial use and beer rand ur wine applicration Contact C McHENRY PARK FACILITIES SPECIAL USE AND/OR BEERIWINE APPLICATION of Picnic: h �l0 2D Ph one:,.a�u1� Work/Cell Phone: Park: ❑Knox Park (A only) `Petersen Park ❑Veteran's Memorial Park Area: ❑ Shelter A ❑ Shelter B ❑ Shelter C ❑ Other: Arrival Time:l'•0A,., cT cj I � Departure Time: � `�3`�a,,. `� It "j Total Number Attending: �O Falsifying attendance numbers will result in loss of deposit. Groups over 500 must obtain additional: ❑ dumpsters ❑ portable toilets Water, electricity and restrooms are available at all situ ..Knox Park A has a portable restroom. Please explain additional needs from the Parks Dept:_ `n I o1 Brief description of event (company I List all activities to be held: x it: Items brought into park site: ❑ Tables t%,Other �ls� c, &hs in mN n� �T'ent: Location In ELECTRICAL FOR TENTS TO BE LOCATED car show, craft show, wedding, etc. ❑ Chairs ❑Benches ❑Carnival Rides �LMusic Animals ❑ Pig Roast..��� k: Size: �tj � \ 2\7 � Tent Staked: yes ❑ no ❑ PARKS TO LOCATE: PPA, PPB, Vets — South of Gazebo ❑ APPLICANT TO CALL JULIE (1-8004924123): Althoff, PP Beach, Hayfield, Shelter, Stage Vets — NW of Gazebo ❑ NO ELECTRIC: Knox, Shamrock ❑ NONE; PPC Will beer/wine be present: ❑ YesNo IF YOU CHECKED YES, PLEASE ANSWER QUESTIONS BELOW: Indicate 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, etc.) I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City 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 prohibited. I 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 McHenry regarding the Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arising from the use of the park property. I also understand that not complying with the Park Permit rules will result in loss of deposit. Health permits are r NOTE: Approval will by law for concessions and catering. Please make arrangements to obtain 1 on the items listed above. Any other requests are subj ect to further approval. ************ OR OFFICE USE ONLY******�,��**,�***�*******:r**************�*******�****** Reservation Fee: $ /(�i(����—C.�-- Date Paid: � Initials: Deposit Fee: $ Payment: ❑ Cash ❑ 11neC ❑ Ch ge Total Fee: $ Submitted to City Council: Confirmation Sent: Initials: City Council Approval: 64 �7 tina\forms\picnic forms\special use and beer and or wine application REGULAR MEETING June 1, 2015 Mayor Low called the regularly scheduled June 1, 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, Peterson and Condon. Absent: None. Also in attendance: City Administrator Morefield, Deputy City Administrator Hobson, Director of Economic Development Martin, Director of Finance Lynch, Director of Public Works Schmitt, Chief of Police Jones, City Attorney l McArdle, City Engineer Pieper and City Cerk Jones. Absent: None. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. 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 -SOUTH WASTEWATER TREATMENT PLANT Mayor Low requested a Motion that the Public Hearing be continued to June 15, 2015. City Administrator Morefield informed Council that in connection with the proposed IEPA loan to fund the consolidation of the wastewater treatment plants, the City is to conduct a Public Hearing on the IEPA's preliminary Environmental Impacts Determination ("PEID") for the purpose of providing the public an opportunity to comment on the facilities plan to implement such consolation of the treatment plants and the IEPA's environmental determination. The public has an additional 10 days from the date of the Public Hearing for the submission of written comments to the City or to the IEPA. City Staff will provide addresses and contact information to the public if residents wish to provide written comments. City Administrator Morefield informed Council that the City is required to provide the IEPA with an accurate summary of any comments received and any amendments to the facilities plan made in response to such comments. Council is not being asked and is not required to take any action in connection with the Public Hearing. 2015. Motion by Wimmer, seconded by Condon to continue the Public Hearing until June 15, Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 2 June 1, 2015 PUBLIC INPUT SESSION Mr. Ron Reber, 3916 West Avenue, addressed Council. Mr. Reber informed Council that he lives directly across from the Althoff Basketball Court. Mr. Reber noted that he and his neighbors, who are elderly, have already this spring been experiencing the following issues regarding the basketball court: • Parking in the front yards of the houses on the lawn; • Trash in the yards of residents; • The green screening has not been erected around the basketball court; • Playing basketball after hours; and • Neighbors are being disturbed by loud music. Mr. Reber and his neighbors are requesting a reprieve from the constant noise and disturbance. Mr. Reber requested that the City consider closing the basketball court on Saturday and Sunday. Mr. G. Terence Nader, 1213 Matanuska, addressed Council. Mr. Nader informed Council that he and his wife purchased the property located at 5116 W. Elm Street, next door to the 5114 W. Elm Street property, in 2007, Substantial time, effort and expense were invested in the property, which was used by Mrs. Nader for her law practice. Mr. Nader expressed his concern that the property might be converted for residential purposes for the following reasons: • Residential use would be disruptive to any business operating at the property and wholly inconsistent with the commercial use along Route 120; • The subject property originally was converted to apartments without a permit and without approval of the Council or the Planning and Zoning Commission in 2014; • The prior owner's variance request in 2012 was denied by the Planning and Zoning Commission because neighboring property owners objected to the residential use of the property due to children and family gatherings in the parking lot during business hours, debris, uncollected trash bags and inoperable cars parked in the lot; • Inadequate parking space for residential and business parking together; • The residential use violates the City of McHenry Comprehensive Plan. Professionals and business owners desire locations that appeal to their customers and clients. Mr. Nader stated that when he purchased the property at 5116 W. Elm Street, he complied with all the requirements necessitated by the City of McHenry for commercial real estate along Route 120. He requested that the Council consider protecting his investment by denying the applicant's request for a use variance to allow two principal land uses on one lot, one being a residential dwelling, at the property located at 5114 W. Elm Street. Mr. Nader presented Council with paperwork and photographs in support of his objections to the variance. Ms. Mary Nader, 1213 Mantanuska, addressed Council. Ms. Nader stated that she is the co-owner of the property located at 5116 W. Elm Street. She informed Council that she operated a family law practice out of the commercial building located on the property for a period of five years. Ms. Nader noted that when she started her practice at the site no Regular Meeting Page 3 tune 1, 2015 residence existed at 5114 W. Elm Street. Following construction of the resident at the site, there was a change to the commercial atmosphere of the area and an unprofessional atmosphere developed for her clients, which included car washing and excessive noise from boom boxes during business hours, together with trash in the vicinity — all while she was attempting to conduct business. Ms. Nader stated that she objects to the request for a variance. Mr. Mitch Ketchum, 5110 W. Elm Street, address the Council. Mr. Ketchum stated that he is the owner of Morrie & Sons Auto, which is located east of the subject property. Mr. Ketchum stated that he opposes the variance request for the following reasons: • On a daily basis he has to request that people remove their cars from his parking lot; • On several occasions he has picked up beer cans and trash from his property. Mr. Ketchum stated that the area is zoned commercial and should stay commercial. Mr. Alfredo Cruz, 26799 N. Iride Drive, Mundelein, Ms. Marlety Maganda and Ms. Maria Elizarraga, 213 Beachview Drive, Round Lake, approached the podium and addressed Council. As. Elizarraga informed Council that she is a friend of Mr. Cruz. Mr. Cruz and Ms. Maganda, with Ms. Elizarraga as interpreter, stated they are good citizens and have been running a business in the front of the property for a while with no issues. Until January of 2015, the building on the property had been vacant for several years. Ms. Elizarraga stated that the front part of the building is currently occupied and utilized as a beauty shop and tax assistance service business. They feel that they have complied with all the requirements of the City of McHenry. They were told when they purchased the property that the property was commercial and residential. Ms. Elizarrago stated that Mr. Cruz and Ms. Maganda feel that the professional status of the neighboring property owners is carrying more weight in the decision of the Council. Mr. Cruz is keeping the property in good repair. Mr. Cruz admitted that parking is limited in the area. Mr. Cruz and Ms. Maganda are requesting they be treated just like everyone else. They would like to conduct their business and live at the property located at 5114 W. Elm Street. Cindy Dunkin, 3610 W. Drake, addressed the Council. Ms. Dunkin stated that she lives on the other side of the fence behind the access alley in the rear of the shopping center located at 1771 N. Richmond Road. Ms. Dunkin informed Council that she and her husband have concerns regarding noise, but are mainly concerned about the fence, which is in a constant state of disrepair. On numerous occasions during the last year she has been assured that the fence would be repaired, however only temporary repairs have been made. Ms. Dunkin stated there have been incidents where employees of the strip mall have thrown food, trash and cigarette butts toward the fence. Ms. Dunkin requested that Council address the matter of repairing the fence adequately to separate the residences in the area from the strip mall. Mr. Robert Fetzner, 5116 W. Elm Street, addressed the Council. Mr. Fetzner stated that he is the tenant at 5116 W. Elm Street where he currently has a law practice. Mr. Fetzner Regular Meeting Page 4 June 1, 2015 voiced his opposition to the variance. Mr. Fetzner informed Council that he was present at the site when the former tenant rented the property located at 5114 W. Elm Street. Some of the issues he encountered while attempting to conduct business were: • B01 U%jues; • Beer cans; and, • Football in the shared driveway. Mr. Fetzner opined that the area is zoned commercial and he is requesting it remains commercial PRESENTATION OF PROCLAMATION TO THE MCHENRY GARDEN CLUB DECLARING DUNE 7 THROUGH JUNE 13 AS NATIONAL GARDEN WEEK IN THE CITY OF MCHENRY Mayor Low read aloud the Proclamation regarding McHenry Garden Club proclaiming the week of June 7 through 13, 2015, as National Garden Week in the City of McHenry. CONSENT AGENDA A. Approval of Mayor's recommendation to accept the application submitted by City resident, Donald Meyer, requesting appointment to the Planning and Zoning Commission; effective July 1, 2015; Be Approval to purchase Aquatech 610-1500, installed on 2016 Freightliner Chassis, from Hi -Vac Corporation through the National Joint Powers Alliance Equipment Contract, for an amount not to exceed $359,479.00; C. Approval of a Resolution authorizing the Mayor's execution of an Intergovernmental Agreement for participation I the McHenry County Major Investigation Assistance Team (MIAT); D. Approval of Special Event Liquor License for Nicolino's Belmont Stakes Celebration, located at 621 Ridgeview Drive, on June 6, 2015; E. Approval of a Special Event Liquor License for McHenry Baseball Association Annual Family Picnic Day Fundraiser at the McHenry VFW Post 4600, located at 3002 W. Route 120, on June 6, 2015; F. Approval of Parks Special Use/Picnic Permits; and G. Approval of List of Bills. Responding to Alderman Curry's inquiry regarding whether Staff had looked into leasing the Aquatech equipment rather than purchasing the equipment for a cost comparison, Director of Public Works Schmitt responded no. Motion by Wimmer, seconded by Curry, to approve the Consent Agenda, as presented. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PRESENTATION BY THE MEMBERS OF THE MCHENRY POLICE DEPARTMENT ON EMERGENCY DISPATCH SERVICES AND DIRECTION FROM THE COUNCIL TO MOVE FORWARD WITH THE DEVELOPMENT OF AN INTERGOVERNMENTAL AGREEMENT FOR JOINT DISPATCH SERVICES WITH THE MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT TO BE PRESENTED FOR CONSIDERATION AT A FUTURE COUNCIL MEETING Regular Meeting Page 5 June 1, 2015 Chief of Police Jones informed Council that currently the McHenry Police Department dispatches for: • McHenry Police Department; • McHenry Township Fire Protection District; • Johnsburg Police Department; • McCollum Lake Police Department; • Marengo Fire; • Marengo Rescue; and • Union Fire. Chief Jones stated this is accomplished with nine full time dispatchers and five part time dispatchers, all working at three work stations through twelve hour shifts. The McHenry Police Department (MPD) and McHenry Fire Township Fire Protection District (MTFPD) have discussed, over a period of time, the potential for enhancing and consolidating call services to be more cost and time effective for both organizations. Additionally, at the State level, there is legislation pending that would eventually require the consolidation of local dispatch services. As such, the MPD and MTFPD believe that the timing is right to proactively pursue enhancement of the existing dispatching relationship. Chief Jones informed Council that the MPD operates one of the six dispatch centers, or Public Safety Answering Points (PSAP) in McHenry, County. The volume of calls handled has reached a point where it is necessary that we look at increasing the number of full time dispatchers that work at the center at all times, assuring that responses to called for service are handled promptly and professionally. While planning to address this work load, the MTFPD has expressed a desire to partner with the City of McHenry in order to expand the center to meet the needs of the community. Additionally, the partnership would create a reclassification of workload whereby the center would be able to have dispatchers dedicated to specific areas of expertise. This would include a call taker screening the calls, a police dispatcher who would handle police calls for service and a fire dispatcher who would handle any fire related emergency calls from start to finish, assuring that needs are fully met. This is not possible under the existing circumstances. Further driving the need for the expansion is Illinois Senate Bill 96. If passed, Bill 96 mandates that counties with a population of more than 250,000 people, such as McHenry County, reduce its PSAPs by fifty percent, by July 1, 2017. For the City of McHenry, it has been determined that it is in our best financial interest if our center is maintained as we are able to offset a large portion of the operational costs with revenue derived from dispatching for other communities. This is distinct from the City of McHenry having to pay a fee to another agency for dispatch service. It also allows control and oversight into the quality of dispatch services offered to the community. Regular Meeting Page 6 June 1, 2015 Intergovernmental collaboration with the MTFPD would allow the MPD to meet a number of needs toward ensuring that dispatch service could continue to be offered. Chief Jones provided Council with the steps and phases of implementation of the program. Chief Jones introduced Chief Tony Huemann of the MTFPD, together with members of both leadership teams, in attendance to answer any questions the Council may have. Chief Jones noted that on Tuesday, June 2, 2015, this same presentation would be given to the MTFPD Board of Trustees. Chief Jones stated that what is being sought tonight is consensus from Council to move forward with the development of a more detailed implementation plan, including the development of an Intergovernmental Agreement between the City of McHenry Police Department and the McHenry Township Fire Protection District. The Intergovernmental Agreement would then be presented to Council and the MTFPD Board of Trustees for review and approval. Additionally, Chief Jones noted that should there be any expenditures not included in the FY15/16 Budget, an amendment would be require to the municipal budget. Mayor Low stated that members of both the McHenry Police Department and the McHenry Township Fire Protection District have been working tirelessly on this project. She thanked the members of both Departments in attendance for their dedication. Responding to an inquiry from City Administrator Morefield regarding the cost to the City of McHenry should the dispatch center be eliminated, Chief Jones stated that it would be approximately $1,000,000 to dispatch through an outside agency, opposed to the current cost of $700,000 for the current dispatch center. It is the consensus of Council that the City of McHenry Police Department should move forward with the project, as presented. APPROVAL TO EXECUTE REASSIGNMENT OF A REVOLVING LOAN FOR $34,000 WITH UTOPIAN ROAST, LLC D/B/A HIDDEN PEARL CAFE AND A NEW REVOLVING LOAN AGREEMENT FORA 4- YAER TERM, WITH UTOPIAN ROAST, LLC D/B/A HIDDEN PEARL CAFE FOR THE PRINCIPAL AMOUNT OF $311720.70 City Administrator Morefield informed Council that on October 7, 2013, Council approved an agreement with Utopian Roast, LLC d/b/a Hidden Pearl Cafe for a Revolving Loan in the amount of $34, 000. First National Bank handled the underwriting, as well as loan services, on the Revolving Loan. There existed a Memorandum of Understanding between First National Bank and the City of McHenry that should Utopian Roast, LLC become more than 60 days past due on their payments to First National Bank, First National Bank could assign the loan back to the City of McHenry. First National Bank, with the consent from City Staff, made numerous arrangements to delay the principal payment dates in an attempted to work with Utopian Roast, LLC, However, Utopian Roast has made few timely payments and in the end Regular Meeting Page 7 June 1, 2015 they were more than 60 days past due on a few occasions. On February 27, 2015, First National Bank made the decision to reassign the loan to the City of McHenry. City Administrator Morefield provided information regarding the reassignment paperwork, as well as the new Loan Agreement between the City of McHenry and Utopian Roast, LLC. Staff has met with one of the owners of Utopian Roast, LLC to go over the Loan Agreement and plans for the business. The owner feels comfortable that business will pick up and they will be able to make timely payments, as agreed to, in the new Agreement. The new principal value is $31,720.70 and the monthly loan payments will be $660.73. The loan payoff date will be July 2019. The owners of Utopian Roast, LLC have signed off on the Agreement and Staff feels the new Agreement will have the loan paid off in a timely fashion. Staff is requesting Council's approval of the execution by the Mayor of the City of McHenry of the reassignment paperwork, as well as the new Revolving Loan Agreement with Utopian Roast, LLC d/b/a Hidden Pearl Cafe, for the principal amount of $31,720.70. Responding to an inquiry from Council, Director of Finance Lynch stated there is currently approximately $60,000 available in the fund. Director Lynch noted that loan funds are from a grant to be used specifically for this purpose. Alderman Glab requested that Council be kept apprised of the progress of the business. Motion by Curry, second by Santi, approving the execution by the Mayor of the City of McHenry of the reassignment paperwork, as well as the new Revolving Loan Agreement with Utopian Roast, LLC d/b/a Hidden Pearl Cafe, for the principal amount of $31,720.70. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVAL OF A CLASS A LIQUOR LICENSE TO DKS INVESTMENT GROUP D/BA/ UPROOTED LOCATED AT 2816 W. ROUTE 120 AND APPROVAL OF ORDINANCE MC-15-1104 INCREASING THE NUMBER OF CLASS A LIQUOR LICENSE IN EFFECT FROM 23 TO 24 City Administrator Morefield informed Council that the property, formerly known as Monaco's, located at 2816 W. Route 120, has been purchased by Daniel K. Smith and Elizabeth DuPlain. Applicants are applying for a Class A liquor license that authorizes the sale of alcoholic beverages for consumption on the premises and retain sale of packaged liquors. The new owners intend to open a restaurant/bar and Ms. DuPlain will manage the business. Following extensive renovations and repairs, the new owners of the property anticipate opening for business in four to six weeks. Regular Meeting Page 8 June 1, 2015 Mr. Smith currently holds a Class A liquor license for the Town Club, located at 1401 N. Riverside Drive. He has owned and operated the business successfully since 1985, He and Ms. DuPlain are both conversant with the Illinois Liquor Control regulations. The applicants have met with Mayor Low and have been fingerprinted by the McHenry Police Department. All required paperwork has been submitted and all fees have been paid. Motion by Santi, seconded by Schaefer: 1. Granting a Class A liquor license to DKS Investment Group, Inc. d/b/a UpRooted, located at 2816 W. Route 120, as presented, with the condition that all employees involved in the sale and service of alcohol are certified in Beverage Alcohol Sellers and Servers Education and Training; and 2. Approval of an Ordinance increasing the number of Class A liquor licenses from 23 to 24. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A TAVERN AND A 16-SPACE PARKING VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS AT 17114775 N. RICHMOND ROAD IN THE MCHENRY GROUNDS SHOPPING CENTER City Administrator Morefield informed Council that the McHenry Grounds Shopping Center was constructed in 1996 and contains a mixture of retail, restaurant, office and service - oriented uses. The applicant is requesting a conditional use permit to allow a tavern at 1771 N. Richmond Road, which is on the north side of the shopping center. The applicant is also seeking a variance from the off-street parking and loading requirements for the entire McHenry Grounds Shopping Center to accommodate the tavern use. City Administrator Morefield noted that the property is currently zoned C-3 Community Commercial District. It is surrounded by commercial uses to the north and east, single-family residential to the west and a cemetery to the south. Staff believes the proposed tavern use is an appropriate land use for the subject property. The applicant, Blackhawk Restaurant Group operates a video gaming cafe similar to Stella's, which is located within the McHenry Plaza directly to the east of the subject property. The proposed cafe, Betty's Bistro, would offer a limited menu selection, alcoholic beverages and would have video gaming devices within the establishment. Blackhawk Restaurant Group operates 51 other locations in Illinois, one of which is located in the City of Woodstock. Betty's Bistro's target market is females between the ages of 40 and 69, and is a direct competitor with Stella's. Regular Meeting Page 9 June 1, 2015 Staff believes the proposed project would not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health, than would any other permitted use in the C-3 zoning district. McHenry Grounds Shopping Center currently has 117 parking spaces and in accordance with the City's Zoning Ordinance is classified as a shopping center. McHenry Grounds Shopping Center is in compliance with the parking requirements in the Zoning Ordinance due to the two previous variances adopted by the City Council. Betty's Bistro is a tavern, which requires 10 parking spaces/1,000 square feet of net floor area; therefore 16 parking spaces are required. During the Planning and Zoning Commission meeting, some concerns were expressed by abutting property owners to the west pertaining to the continuous disrepair of the fence erected on the western property line of the McHenry Grounds Shopping Center, as well as problems which have occurred in the past, including noise, smoking and other disruptive behavior form business employees and patrons within the McHenry Grounds Shopping Center. However, the Planning and Zoning Commission voted unanimously (7-0) to approve the Conditional Use Permit to allow a tavern and a variance from the off-street parking and loading requirements for the subject property, as presented. City Attorney McArdle suggested that the Motion be conditioned on approval of Item No. 13 on the Agenda. Motion by Schaefer, second by Santi, approving the Ordinances granting a Conditional Use Permit to allow a tavern and a sixteen (16) space parking variance from the off-street parking and loading requirements; subject to approval of Item No. 13 on the Agenda. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONDITIONED UPON APPROVAL OF ITEM NO. 12; APPROVAL IS REQUESTED FOR A CLASS H LIQUOR LICENSE FOR BLACKHAWK RESTAURANT GROUP LLC D/B/A BETTY'S BISTRO, LOCATED AT 1771 N. RICHMOND ROAD, AND APPROVAL OF ORDINANCE MC-15-1105, INCREASING THE NUMBER OF CLASS H LIQUOR LICENSES IN EFFECT FROM 3 TO 4 City Administrator Morefield informed Council that Mr. Michael Thiessen, representing Blackhawk Restaurant Group LLC Series McHenryG d/b/a Betty's Bistro, has submitted an application for a Class H liquor license to serve beer and wine at tables only in conjunction with a cafe at 1771 North Richmond Road in the McHenry Grounds Shopping Center at the location formerly known as Northern Illinois Chiropractic. Betty's Bistro is marketed as a cafe for adults to enjoy breakfast, lunch and dinner along with video gaming. Mr. Thiessen would be the acting manager until a local manager is hired. Regular Meeting Page 10 June 1, 2015 Or. Thiessen is scheduled to be fingerprinted by McHenry Police Department. All fees have been paid and all required paperwork has been submitted. Motion by Schaefer, second by Santi, granting a Class H liquor license to Blackhawk Restaurant Group LLC Series McHenryG d/b/a Betty's Bistro, effective May 1, 2015, with the condition that all employees involved in the sale and service of alcohol obtain BASSET certification; and approving an Ordinance increasing the number of Class H liquor license from three to four. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVAL OF AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW TWO PRINCIPAL LAND USES ON ONE LOT; A RESIDENTIAL DWELLING IN THE REAR PORTION OF THE BUILDING; AND A COMMERCIAL USE IN THE FRONT OF THE BUILDING, FOR THE PROPERTY LOCATED AT 5114 WEST ELM STREET City Administrator Morefield informed Council the on August 12, 2012, the Planning and Zoning Commission considered a use variance for the property located at 5114 W. Elm Street. Concerns were expressed, at that time, by abutting property owners regarding sufficient parking and previous owners of the property behaving in an uncooperative manner. The proposal was not recommended by the Commission and was never presented to Council. Until January 2015, the property remained vacant. The front part of the building is currently occupied and utilized as a beauty shop and tax assistance service business. City Administrator Morefield stated that the property is located on West Elm Street and contains one building, approximately 3,000 square feet; 1,500 square feet of usable commercial/office in the south portion with frontage on Elm Street and 1,440 square feet of residential space in the rear. The lot was platted in 1953 as part of the Lakeland Park Subdivision and the building was constructed in 1957. The building was used as residential until the late 1980s, after which it was renovated for commercial use fronting State Route 120. The rear residential portion of the building was completed in 1991. The applicants purchased the property to use the south portion of the building as a commercial use and would like to use the rear portion of the building as one single-family residential use. Prior to issuance of an Occupancy Permit for a beauty shop/business use, the property had been vacant for several years. If the variance is approved there would be two principal uses on one lot, which is not permitted by the Zoning Ordinance. One principal use is allowed, thus the applicant is required to obtain a Use Variance to allow a single residential use in the north Regular Meeting Page 11 June 1, 2015 half of the building. No other variances are being requested at this time. Commercial use is permitted by right, however, residential use is only permitted in a G4 or G5 Zoning District when the residential is above a non-residential use. In this case, the residential use would be behind or abutting a commercial use. The north portion of the bung contains a kitchen, laundry facilities, multiple bedrooms and living/dining room space and the south portion contains a small kitchen, bathroom and offices. There is a wall between the north and south half connection on either end of the building to physically separate the two uses. Staff advised that the site is unique in that it is one building with the front designed for a commercial use and the rear for a residential use. Staff opined the proposed use would not alter the character of the area as it incorporates a commercial/service use along Route 120 and a residential use in the rear, which abuts residential homes. The original building on the property was constructed 55 years ago. The area of Route 120, where the subject property is located, is the focus of the West Illinois Route 120 Corridor Enhancement Initiative, which is a tool approved by the Council to encourage economic investment. Staff believes a reasonable return cannot be realized on the property due to the rear portion of the building being designed and built to accommodate a residence. To convert the residential portion of the building to a commercial land use would be impractical, costly and extremely difficult Staff noted that the applicant is not requesting any other variances from the Zoning Ordinance and thus is required to meet all other City ordinances, including, parking, signage, stormwater runoff, etc. Although the West Route 120 Corridor Enhancement Initiative was adopted by the Council with the intent of fostering redevelopment and revitalization of the area of Illinois Route 120, the process will take time Staff believes the proposed use variance is appropriate and supports applicants' request, as presented. While concern were expressed during the Planning and Zoning Commission hearing regardinIn lack of space on the subject property to provide sufficient parking, the Planning and Zoning Commission voted (3-2) to recommend to the City Council a use variance to allow two principal land uses on one lot, a residential dwelling in the rear portion of a building with commercial use in the front, on the subject property as presented for the property located at 5114 Elm Street, subject to the following conditions: • Residential dwelling unit in the north half of the building shall be required to obtain a certificate of occupancy and comply with minimum life safety codes for a residential dwelling unit; • Outside storage of any kind, with the exception of trash/rubbish with conditions as stipulated below, is prohibited; • Required number of off-street parking spaces shall be striped to accommodate commercial and residential uses in accordance with all applicable City Ordinances, rules, Regular Meeting Page 12 June 1, 2015 regulations and the Illinois Accessibility Code, prior to a Certificate of Occupancy being issued for the single dwelling unit in the north half of the building; • No cross -access shall be permitted onto adjacent properties unless a cross -access easement or similar agreement is entered into by all impacted parties and said agreement is recorded against all affected properties; • Any trust/rubbish stored outside which is not maintained in dumpster/commercial refuse container, must comply with provisions of all applicable City codes, rules, Ordinances and regulations; and • Any commercial dumpster or refuse container placed outside on the subject property at any time in the future must be screened in accordance with all applicable City Ordinances, rules and regulations. Staff noted that four concurring votes are necessary to decide in favor of any application presented to the Planning and Zoning Commission in accordance with the Ordinance; therefore, there is no formal recommendation to the City Council from the Planning and Zoning Commission. Alderman Condon expressed concern that the applicants alluded there may be prejudice or bias on the part of the Council. She stated it is unfortunate the applicants were lead to believe residential use would be permitted to exist at the site, however, she opined residential use does not fit in the area where the property is located. Mayor Low reiterated the motion on the floor is to deny the Ordinance and that a yes vote would be to deny the use variance to allow two principal land uses on one lot and a residential dwelling in the rear portion of the building. Motion by Condon, second by Santi, to deny the Ordinance granting a use variance to allow two principal land uses on one lot; a residential dwelling in the rear portion of the building and a commercial use in the front of the building for the property located at 5114 West Elm Street. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon Voting Nay: None. Absent: None. Motion carried. APPROVAL OF A REQUEST FROM MCHENRY COUNTY COLLEGE SHAH CENTER, LOCATED AT 4100 SHAMROCK LANE FOR A VARIANCE TO THE SIGN ORDINANCE RELATING TO HEIGHT AND TOTAL SIGN AREA AND APPROVAL OF A VARIANCE TO ALLOW A TEMPORARY SIGN DURING CONSTRUCTION AND PRIOR TO INSTALLATION OF THE PERMANENT FREE-STANDING SIGN Regular Meeting Page 13 June 1, 2015 City Administrator Morefield informed Council that the McHenry County College, which operates a satellite campus at 4100 W. Shamrock Lane (at the northwest corner of Shamrock Lane and South Illinois Route 31), is requesting three sign variances. • The first is to exceed the maximum height for a permanent freestanding sign by 11' 4"; • The second is to exceed the total maximum square footage for a freestanding sign permitted by 145 square feet (72.5 sq. feet on each face); and • The third is to allow a temporary sign during construction and prior to the installation of the permanent sign until October 15, 2015. The building on the subject property was originally constructed as a hotel in 1986. It was purchased by Northwest bible Baptist Church in 2001 and subsequently by McHenry County College in 2004. The building is known as the Shah Center and is used as a small business development center. It is an extension of McHenry County College. Professional development, continuing education and small business assistance are part of the services provided at the location. The property is zone O-2 Office Park, however, the use is classified as an assembly use in accordance with the City of McHenry Zoning Ordinance. In accordance with the City's Sign Ordinance assembly uses are permitted one permanent freestanding or wall sign, not to exceed 32 square feet in total area or six feet in height and the freestanding sign must be setback a minimum of five feet from the property line, The freestanding sign proposed to be erected at the Shah Center is 17' 8 " in height, setback five feet from the new property line set by the Illinois Department of Transportation, and has a total area of 177 square feet (88.5 square feet/sign face). Sign height is measured from the curb level of the nearest public street to the sign to the highest point of the sign. The curb elevation al. Shamrock Lane and Illinois Route 31 is 332,19' and the elevation at the base of the sign is 831.83. Thus, a height variance of 11' 4" is required. City Administrator Morefield noted that the current sign protrudes into the current right-of-way. The sign area includes the total exposed surface on each face devoted to a sign's message, however, a freestanding sign is permitted two sign facings, which must be identical or nearly identical. The location of the proposed freestanding sign is approximately 30 feet from the existing sign. Staff ascertained that due to the speed limit (45 mph) of Illinois Route 31, and the setback of the proposed sign, which is out of the applicant's control, the proposed permanent sign needs to be taller and larger in area for motorist to recognize and see the sign in a timely manner so they will be able to react safely and access the Shah Center. Traveling south on Illinois Route 31 the sign will be more visible than it will be for motorists starveling north, however, there are some trees which will still inhibit the view of a permanent sign for those driving south on Route 31. Due to the setback and speed at which traffic is moving; proximity of the Liberty Square sign; the proposed permanent sign, without a height and size variance, will not be within the sight line of a motorist traveling north until after they pass through the intersection of Shamrock Lane and Illinois Route 31, rendering the sign useless, but which could Regular Meeting Page 14 June 1, 2015 also pose a hazard if motorists see the sign at the last minute and react instantaneously by turning westbound. Staff believes the colors, shape and logo included on the permanent sign would also enhance a motorist's ability to clearly recognize and read the sign in a timely manner. Staff does not have any concerns with the proposed permanent or temporary sign and believes the criteria for a sign variance have been fulfilled. Responding to Alderman Condon's inquiry regarding whether part of the reason for the variance is the varying level of the grounds, Director of Economic Development Martin stated that the two primary reasons are the 30 foot distance of the proposed freestanding sign from the current freestanding sign and the speed limit on Route 31. Motion by Wimmer, second by Condon, approving the variances to the Sign Ordinance for 4100 W. Shamrock Lane, as presented, including: • Height variance of 11' 4" and a total sign area variance of 145 square feet (72.5 square feet/side) for the proposed permanent sign and proposed temporary sign be permitted until October 15, 2015 Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMUNITY DEVELOPMENT COMMITTEE RECOMMENDATION TO APPROVE AN ORDINANCE AUTHORIZING VARIOUS TEXT AMENDMENTS TO THE MUNICIPAL CODE, CHAPTER 7, ARTICLE XI, FENCES, RELATING TO CORNER SIDE YARD, REQUIRED FRONT YARD, DOUBLE FRONTAGE LOTS AND NON-RESIDENTIAL PROPERTY FENCE REGULATIONS City Administrator Morefield reiterated that in 2009 the City Council approved a comprehensive update to the City's fence regulations. This updated Ordinance has been useful, however, it has been identified that additional clarification or changes are needed to reduce the number of fence variance requests that are presented to Council and to assist in reducing some apparent hardships being placed on property owners within the City of McHenry. City Administrator Morefield informed Council that the proposed amendments were discussed by the Community Development Committee on Wednesday, I 2015. City Administrator Morefield provided Council with a summary of Staff's analysis of each requested amendment, the proposed amendment recommendation by Staff, and the amendment as recommended by the members of the Community Development Committee. Alderman Glab opined that the Ordinance lack consistency. A discussion ensued. Motion by Santi, second by Condon, approving the text amendments to Chapter 7, Article XI (Fences) of the Municipal Code, as presented. Regular Meeting Page 15 June 1, 2015 Voting Aye: Santi, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. UPDATE REGARDING AMENDMENTS TO WATER AND SEWER RATES; APPROVAL OF AN ORDINANCE AUTHORIZING THE CITY OF MCHENRY TO BORROW FUNDS FORM THE IEPA WATER POLLUTION CONTROL LOAN PROGRAM, IN AN AMOUNT NOT TO EXCEED $35,000,000, THAT INCLUDES THE MAYOR'S AND THE CITY CLERK'S EXECUTION OF THE LOAN AGREEMENT• AND AUTHORIZING FOR STAFF TO SEEK COMPETITIVE BIDS FOR THE DECOMMISSIONING OF THE CENTRAL WASTEWATER TREATMENT PLANT AND CONSOLIDATION WITH THE SOUTH WASTEWATER TREATMENT PLANT City Administrator Morefield reiterated to Council that at the May 11, 2015 Committee of the Whole, Council and Staff discussed a number of issues related to the adjustment of water and sewer rates based on the results of a water and sewer rate/cost of service study, the relationship between the study and the ability of the City to obtain a low interest [EPA Water Pollution Control/State Revolving Fund Loan to fund the required decommissioning of the Central Wastewater Treatment Plant (CWWTP), and the timing involved with each of the processes. Since May 11th, Staff has met to discuss the consensus direction provided by Council regarding water and sewer rates, and City Attorney McArdle has received additional information regarding the Water Pollution Control/State Revolving Fund Loan Program requirements. City Administrator Morefield explained in detail the water and sewer rate update and the Water Pollution Control/State Revolving Fund Loan Program. City Attorney McArdle provided Council with an explanation regarding some details about the Water Pollution Control/State Revolving Fund Loan Program and the PEID. He noted a modification to Page 1 of the next to the last paragraph of the Ordinance regarding the number of for the loan to mature has been revised from 20 years to 21 years. The adoption of the new water and sewer rates must demonstrate the City's ability to fund existing operating, maintenance and capital improvements of the existing system to be eligible for the Water Pollution Control/State Revolving Fund Loan Program. Staff is currently moving forward with the preparation of the application for the Water Pollution Control Loan Program Agreement for submission to the IEPA. Once the process begins, and based on the review and approval of the information by the IEPA, Council will then be asked to adopt water and sewer Rate Ordinances that reflect the information, which has been discussed in detail and to adopt a Debt Service Ordinance identifying the financing methodology for the Water Pollution Control/State Revolving Fund Loan Program. At this time, Staff is requesting authorization from Council to execute the documents required to submit the application. Regular Meeting Page 16 June 1, 2015 City Administrator Morefield informed Council that in addition, according to the project schedule, Staff must also seek competitive bids for the decommissioning/consolidation project in order to continue to meet the timing requirements of the loan process. Staff is requesting that Council authorize Staff to seek competitive bids. A lengthy discussion ensued. City Engineer Pieper explained the process, the necessity and distribution of the funds and answered questions posed by Council. Alderman Curry stated that he would be willing put forth a motion to borrow funds from the IEPA Water Pollution Control loan Program, in an amount not to exceed $35,000,000. He opined that he was unable to reconcile the additional $5,000,000 as necessary. Mayor Low opined that the City of McHenry has been working on this project for a number of years to finally arrive at this juncture. It is not the time for Council to begin second guessing the process. Motion by Curry, second by Glab to approve an Ordinance authorizing the City of McHenry to borrow funds from the [EPA Water Pollution Control Loan Program in an amount not to exceed $30,000,000, that includes the Mayor's and the City Clerk's execution of the loan agreement; and, authorization for Staff to seek competitive bids for the decommissioning of the Central Wastewater Treatment Plant and consolidation with the South Wastewater Treatment Plant. Voting Aye: Santi, Glab, Curry. Voting Nay: Schaefer, Wimmer, Peterson, Condon. Absent: None. Motion denied. Motion by Condon, second by Wimmer to approve an Ordinance authorizing the City of McHenry to borrow funds from the IEPA Water Pollution Control Loan Program in an amount not to exceed $35,000,000, that includes the Mayor's and the City Clerk's execution of the loan agreement; and, authorization for Staff to seek competitive bids for the decommissioning of the Central Wastewater Treatment Plant and consolidation with the South Wastewater Treatment Plant. Voting Aye: Schaefer, Wimmer, Peterson, Condon. Voting Nay: Santi, Glab, Curry, Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low stated that she had nothing to report this evening and that Deputy City Administrator Hobson would be announcing the numerous summer events taking place beginning this weekend. Regular Meeting Page 17 June 1, 2015 COMMITTEE REPORTS Alderman Schaefer, Chairperson of the Public Works Committee, informed Council that a meeting of the Public Works Committee took place prior to this evening's Council meeting and that minutes would be forthcoming. STAFF REPORTS Deputy City Administrator Hobson informed Council that the Green Street Cruise Nights have begun. He noted that the number of vehicles in the first Cruise Night was 450. Cruise Nights are held on Monday evenings from 6:00 pm to 8:00 pm in the Municipal and McHenry Savings Bank parking lots. Deputy City Administrator Hobson informed Council that the first Summer Band Concert Series begins on Thursday, June 4, 2015 at 7:30 pm with "Swing into Summer" performed by the McHenry City Jazz Band in the Bob "Beef" Freund Band Shell in Veterans Memorial Park. Additionally: • The Taste of Downtown will be held on Saturday, June 6, 2015 from 1:00 pm to 5:00 pm; • Pedal to the Park will be held on Saturday, June 6, 2015, from 10:00 am to 5*00 pm and on Sunday, June 7, 2015, from 11:00 am to 4:00 pm; • There will be Free Boat Rental at Petersen Park on June 10, 2015, from 1*30 pm to 4:00 pm; • On Saturday, June 13, 2015 the Miss McHenry Car Wash is taking place; and • On Saturday, June 13, 2015, practice for the annual Kiwanis Soap Box Derby will be taking place on Waukegan Avenue and Green Street. City Administrator Morefield thanked Staff members for being in attendance to answer any questions presented by Council. FUTURE AGENDA ITEMS Alderman Glab inquired when the issues regarding the Althoff Basketball Court, brought by Mr. Reber at Public Input, would be addressed. Mayor Low stated that Staff would discuss the matter tomorrow morning. City Administrator Morefield assured Alderman Glab that Council would be provided a memorandum regarding how the issues are addressed and resolved. Alderman Glab inquired about whether the City plans to address the number of video gaming establishments in the City. Mayor Low stated that it is a matter that necessitates being addressed through Committee. City Administrator Morefield assured Council he would look into scheduling the matter at the Committee level. ADJOURNMENT Regular Meeting Page 18 June 1, 2015 Motion by Condon, seconded by Peterson, to adjourn the meeting at 10:05 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 10:05 pm. Mayor City Clerk MCHenry,IL Vendor Name Account Number Vendor: ACE TOWING & RECOVERY ACE TOWING & RECOVERY 100-33-5370 Vendor: ADAMS, RUSSELL Description (item) TOWING FEES Expense Approval Register LIST OF BILLS COUNCIL MEETING 7/7/15 Payable Number Post Date Amount s/1s/1s o7/o7/zols Vendor ACE TOWING &RECOVERYTotal: 45.00 45.00 ADAMS, RUSSELL 510-32-4510 REIMB CLOTHING ALLOWANCE INV0000531 D7/07/2015 69.54 Vendor ADAMS, RUSSELL Total: 69.54 Vendor: AFTERMATH INC AFTERMATH INC 100-22-5110 BIO HAZARD CLEAN UP 1C2015-3883 07/07/2015 145,00 AFTERMATH INC 100-22-5110 BID HAZARD CLEANUP 1C2015-4212 07/07/2015 105.00 Vendor AFTERMATH INC Total: 250.00 Vendor: AIRGAS SAFETY INC AIRGAS SAFETY INC 510-32-6110 SUPPLIES 9040557612 07/07/2015 72,22 Vendor AIRGAS SAFETY INC Total: 72.22 Vendor: AMELIO, ROBERT AMELIO, ROBERT 100-47-5110 SOFTBALL UMPIRE 6/1/15-6/19/15 07/07/2015 141.00 Vendor AMELIO, ROBERT Totala 141.00 Vendor: ARIES INDUSTRIES INC ARIES INDUSTRIES INC 510-32-5380 REPAIRS - CABLE ASSEMBLY 347454 07/07/2015 449A7 Vendor ARIES INDUSTRIES INCTotal: 449.47 Vendor: AT&T AT&T 100-43-5320 ALARM CIRCUITS 6/16/15-7/15/15 07/07/2015 256.53 AT&T 100-45-5320 ALARM CIRCUITS 6/16/15-7/15/15 07/07/2015 256.53 AT&T 100-01-5320 PRI LINES 6/16/15-7/15/15A 07/07/2015 103.48 AT&T 100-02-5320 PRI LINES 6/16/15-7/15/15A 07/07/2015 38.81 AT&T 100-03-5320 PRI LINES 6/16/15-7/15/15A 07/07/2015 84.07 AT&T 100-04-5320 PRI LINES 6/16/15-7/15/15A 07/07/2015 45,27 AT&T 100-22-5320 PRI LINES 6/16/15-7/15/15A 07/07/2015 252.22 AT&T 100-30-5320 PRI LINES 6/16/15-7/15/15A 07/07/2015 38.80 AT&T 100-33-5320 PRI LINES 6/16/15-7/15/15A 07/07/2015 12.93 AT&T 100-41-5320 PRI LINES 6/16/15-7/15/15A 07/07/2015 38.80 AT&T 100-44-5320 PRI LINES 6/16/15-7/15/15A 07/07/2015 6.47 AT&T 100-46-5320 PRI LINES 6/16/15-7/15/15A 07/07/2015 12.93 AT&T 100-47-5320 PRI LINES 6/16/154/15/15A 07/07/2015 6.47 AT&T 620-00-5110 PRI LINES 6/16/15-7/15/15A 07/07/2015 25.87 Vendor AT&T Total: 11179.18 Vendor: ATLAS SAW & TOOL INC ATLAS SAW & TOOL INC 100-33-6110 SUPPLIES 186128 07/07/2015 96,00 Vendor ATLAS SAW & TOOL INC Total: 96.00 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC 100-22-5370 VEHICLE REPAIRS 263443 07/07/2015 192.96 Vendor AUTO TECH CENTERS INC Total: 192.96 Vendor: BAKER & SON CO, PETER BAKER & SON CO, PETER 100-33-6110 MATERIALS 35772MB 07/07/201S 214.38 Vendor BAKER & SON CO, PETER Total: 214.38 Vendor: BANWART, NATE BANWART, NATE 100-47-5110 SOFTBALL UMPIRE 6/1/15-6/19/15 07/07/2015 69.00 Vendor BANWART, NATE Total: 69.00 Vendor: BAXTER & WOODMAN BAXTER & WOODMAN 510-31-5110 GIS MAINTENANCE 0180226 07/07/2015 501.25 6/29/2015 5:14:09 PIA Page 1 Expense Approval Register Vendor Name Account Number BAXTER & WOODMAN 510-31-5110 Vendor: BEGGS, KEVIN BEGGS, KEVIN 510-32-6110 Vendor: BELLO, MARY BELLO, MARY 510-32-5110 Vendor: BIRK,ADRIANA BIRK, ADRIANA 100-22-5420 BIRK, ADRIANA 100-22-4510 Vendor: BLACKSTONE LANDSCAPE INC BLACKSTONE LANDSCAPE INC 100-33-5110 BLACKSTONE LANDSCAPE INC 100-41-5110 BLACKSTONE LANDSCAPE INC 510-31-5110 BLACKSTONE LANDSCAPE INC 510-32-5110 Vendor: BLUE LINE, THE Description (item) GIS MAINTENANCE REIMB CDL CONTRACTUALSERVICES Packet: APPKT00093 - GIS MAINTENANCE Payable Number Post Date Amount 0180397 07/07/2015 2,882.50 Vendor BARTER &WOODMAN Total: 3,383.75 INV0000530 MC060915 REIMB TRAINING EXPENSE INV0000462 REIMB UNIFORM ALLOWANCE INV0000541 07/07/2015 Vendor BEGGS, KEVIN Total: 07/07/2015 Vendor BELLO, MARY Total: 07/07/2015 07/07/2015 Vendor BIRK, ADRIANA Total: 60.OD 60.00 90.00 90.00 13.95 162.21 176.16 MONTHLY MAINTENANCE 2015-E05269 07/07/2015 2,051.00 MONTHLY MAINTENANCE 2015-EO5269 07/07/2015 7/346640 MONTHLY MAINTENANCE 2015-E05269A 07/07/2015 1/008600 MONTHLY MAINTENANCE 2015-E05269A 07/07/2015 679.60 Vendor BLACKSTONE LANDSCAPE INCTotal: 11,085.00 BLUE LINE, THE 100-22-5110 POSITION LISTING 32598 07/07/2015 298.00 Vendor BLUE LINE, THE Total: 298.00 Vendor: BOXX THIS INC BOXX THIS INC 100-44-6110 CONCESSION SUPPLIES 12043 07/07/2015 109.60 Vendor BOXXTHIS INCTotal: 109.60 Vendor: BREMER, CURTIS H BREMER, CURTIS H 100-47-5110 SOFTBALL UMPIRE 6/1/15-6/19/15 07/07/2015 52.00 Vendor BREMER, CURTIS H Total: 52.06 Vendor: BRENNAN, DAN BRENNAN, DAN 100-03-5110 MOWING SERVICES 6/9/15 07/07/2015 11400.00 BRENNAN, DAN 100-03-5110 MOWING SERVICES 6/16/15 07/07/2015 11050.00 Vendor BRENNAN, DAN Total: 21450.00 Vendor: BROWN, JUDY I BROWN, JUDY 1 100-47-5110 PARKS & REC INSTRUCTOR 6/6/15 07/07/2015 25.00 Vendor BROWN, JUDY I Total: 25.00 Vendor: BUCK BROS INC BUCK BROS INC 100-45-6110 SUPPLIES 21746 07/07/2015 54.16 Vendor BUCK BROS INCTotal: 54.16 Vendor: BUSS FORD SALES BUSS FORD SALES 100-22-5370 VEHICLE REPAIR CREDIT 20172061 07/07/2015 -31.34 BUSS FORD SALES 510-32-5370 VEHICLE REPAIRS 50171041 07/07/2015 339.36 BUSS FORD SALES 510-32-5370 VEHICLE REPAIRS 50171181 07/07/2015 77.78 BUSS FORD SALES 100-22-5370 VEHICLE REPAIRS 50171251 07/07/2015 231.38 BUSS FORD SALES 100-22-5370 VEHICLE REPAIRS 50171921 07/07/2015 31.34 BUSS FORD SALES 100-22-5370 VEHICLE REPAIRS 50172071 07/07/2015 32.62 Vendor BUSS FORD SALES Total: 681.14 Vendor: CDW GOVERNMENT INC CDW GOVERNMENT INC 620-00-6270 SUPPLIES VW19339 07/07/2015 240.00 CDW GOVERNMENT INC 620-00-6270 SUPPLIES VX34770 07/07/2015 -400.00 CDW GOVERNMENT INC 620-00-6270 SUPPLIES WH95556 07/07/2015 160.00 Vendor CDW GOVERNMENT INCTotal: 0.00 Vendor: CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 153373 07/07/2015 75.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 153397 07/07/201S 45.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 153614 07/07/2015 30.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 154011 07/07/201S 30.00 6/29/2015 5:14:09 PM Page 2 Expense Approval Register Packet: APPKT00093 - MEDICAL SERVICES Vendor Name Account Number Description (Item) Payable Number Post Date Amount CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 154184 07/07/2015 127.00 Vendor CENTEGRA OCCUPATIONAL HEALTH Total: 307.00 Vendor: CHEEMA, GUPREET CHEEMA, GUPREET 100-41-3637 PARKS & REC REFUND 125135 07/07/2015 92.00 Vendor CHEEMA, GUPREET Total: 92.00 Vendor: CHICAGO CHAIN & TRANSMISSION COMPANY CHICAGO CHAIN & 510-31-6110 SUPPLIES 251969 07/07/2015 79.99 Vendor CHICAGO CHAIN & TRANSMISSION COMPANY Total: 79.99 Vendor: CLESEN, NICHOLAS CLESEN, NICHOLAS 100-22-5420 REIMB TRAINING EXPENSES INVOOD0463 07/07/2015 16.00 CLESEN, NICHOLAS 100-22-5420 REIMB TRAIN I NG/TRAVEL INVOOD0464 07/07/2015 317.22 CLESEN, NICHOLAS 100-224510 EMPLOYEE UNIFORM INV0000465 07/07/2015 64.60 Vendor CLESEN, NICHOLAS Total: 397.82 Vendor: COMPASS MINERALS AMERICA COMPASS MINERALS AMERICA 270-00-6110 SUPPLIES 71344398 07/07/2015 51966.17 COMPASS MINERALS AMERICA 270-00-6110 SUPPLIES 71344791 07/07/2015 2,99&12 Vendor COMPASS MINERALS AMERICA Total: 81964.29 Vendor: CONSERV FS CONSERV FS 100-45-6110 SUPPLIES 2071682-I1\1 07/07/2015 35.40 CONSERV FS 100-45-6110 SUPPLIES 20716924N 07/07/2015 294.21 CONSERV FS 100-45-6110 SUPPLIES 2072589-I1\1 07/07/2015 164.20 CONSERV FS 100-45-6110 SUPPLIES 2075556-IN 07/07/2015 164.20 CONSERV FS 100-45-6110 SUPPLIES 2079656-IN 07/07/2015 82.50 Vendor CONSERV FS Total: 740.51 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY 510-31-5510 PUMPING FEES 4/27/15-5/26/15 07/07/2015 6/262492 CONSTELLATION NEWENERGY 510-32-5510 PUMPING FEES 4/27/15-5/26/15 07/07/2015 542.76 Vendor CONSTELLATION NEWENERGY INC Total: 61805.68 Vendor: CURRAN MATERIALS COMPANY CURRAN MATERIALS 100-33-6110 MATERIALS 9569 07/07/2015 173,88 CURRAN MATERIALS 100-33-6110 MATERIALS 9590 07/07/2015 163.08 CURRAN MATERIALS 100-33-6110 MATERIALS 1 07/07/2015 338.04 CURRAN MATERIALS 100-33-6110 MATERIALS 9627 07/07/2015 433.62 Vendor CURRAN MATERIALS COMPANY Total: 1/108962 Vendor: DOCUMENT IMAGING DIMENSIONS INC DOCUMENTIMAGING 620-00-6210 SUPPLIES 266047 07/07/2015 257.00 Vendor DOCUMENT IMAGING DIMENSIONS INC Total: 257.00 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS 510-32-5380 REPAIRS i967169 07/07/2015 583.87 DREISILKER ELECTRIC MOTORS 510-32-5380 EQUIP REPAIRS i969713 07/07/2015 196.07 Vendor DREISILKER ELECTRIC MOTORS INC Total: 779.94 Vendor: DUCAK, KELLY DUCAK, KELLY 100-22-5420 TRAINING EXPENSE INV0000509 07/07/2015 134.79 Vendor DUCAK, KELLY Total: 134.79 Vendor: DURA WAX COMPANY INC, THE DURA WAX COMPANY INC, THE 100-45-6110 SUPPLIES 378228 07/07/2015 77,40 DURA WAX COMPANY INC, THE 100-45-6110 SUPPLIES 378250 07/07/2015 110.85 Vendor DURA WAX COMPANY INC, THE Total: 188.25 Vendor: DURHAM SCHOOL SERVICES DURHAM SCHOOL SERVICES 100-46-5110 DAY CAMP BUS #1 91195350 07/07/2015 325.OD Vendor DURHAM SCHOOL SERVICES Total: 325.00 Vendor: EISERMAN, JERRY EISERMAN, JERRY 100-44-6110 REIMBSUPPLIES INV0000510 07/07/2015 38.21 Vendor EISERMAN, JERRY Total: 38.21 6/29/2015 5:14:09 PM Page 3 Expense Approval Register Vendor Name Account Number Vendor: EJ USA INC EJ USA INC 510-35-6110 Vendor: ERB, STEPHANIE ERB, STEPHANIE 100-224510 Vendor: ESRI ESRI 510-31-5110 Vendor: ETTEN, CHRISTOPHER ETTEN,CHRISTOPHER 100454510 Vendor: EVANS, DAMES EVANS, JAMES 100-47-5110 EVANS, JAMES 10047-5110 Vendor; FAMILY TAILOR SHOP FAMILY TAILOR SHOP 100-224510 Vendor: FASTENAL FASTENAL 510-32-6110 FASTENAL 510-32-5375 Vendor: FGM ARCHITECTS FGM ARCHITECTS 440-00-8200 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 100-33-6110 FISCHER BROS FRESH 510-31-6110 Vendor: FOX VALLEY FIRE &SAFETY FOX VALLEY FIRE &SAFETY 225-00-5110 Vendor: FOX VALLEY OPERATORS ASSOCIATION FOX VALLEY OPERATORS 510-32-6110 Vendor: FOXCROFT MEADOWS INC FOXCROFT MEADOWS INC 510-32-6110 FOXCROFT MEADOWS INC 100-33-6110 FOXCROFT MEADOWS INC 100-33-6110 Vendor: GALLS LLC GALLS LLC 100-22-6110 GALLS LLC 100-22-4510 GALLS LLC 100-22-4510 Vendor: GARAVENTA USA INC ANTIOCH GARAVENTA USA INC ANTIOCH 100-33-5115 Vendor: GESKE AND SONS INC 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 6/29/20L5 5:14;09 PM Packet: APPKT00093 - SUPPLIES Description (Item) Payable Number Post Date Amount SUPPLIES 3832831 07/07/2015 11700,00 Vendor EJ USA INC Total: 1,70D.00 REIMB UNIFORM ALLOWANCE INV0000540 ARC GIS FOR DESKTOP MAIN & 92993753 EMPLOYEE CLOTHING REIMB INV0000511 SOFTBALL UMPIRE SOFTBALL UMPIRE EMPLOYEE UNIFORM SUPPLIES DRILL BIT MUNICIPAL CENTER SUPPLIES SUPPLIES CONTRACTUALSERVICES 07/07/2015 Vendor ERB, STEPHANIETotal: 07/07/2015 Vendor ESRI Total: 07/07/2015 Vendor ETTEN, CHRISTOPHER Total: 5/18/15-6/5/15 07/07/2015 15-6/19/15 07/07/2015 Vendor EVANS, JAMES Total: 331440 07/07/2015 Vendor FAMILY TAILOR SHOP Total: ILMCH14393 07/07/2015 ILMCH14396 07/07/2015 Vendor FASTENAL Total: 15-2031.01-1 D7/07/2015 Vendor FGM ARCHITECiS Total: 5125 07/07/2015 5125A 07/07/2015 Vendor FISCHER BROS FRESH Total: 912780 07/07/2015 Vendor FOX VALLEY FIRE &SAFETY Total: 173.36 173.36 400,00 aoo.00 110.00 110.00 100.00 50.00 150.00 12.50 12.50 23.27 103.54 126.81 2,400.00 2,400.00 310.75 310.75 621.50 195.00 195.00 CONFERENCE REGISTRATION INV0000512 07/07/2015 210.00 Vendor FOX VALLEY OPERATORS ASSOCIATION Total: 230.D0 SUPPLIES 49304 07/07/2015 23.96 SUPPLIES 49313 07/07/2015 331.50 SUPPLIES 49398 07/07/2015 288.00 Vendor FOXCROFT MEADOWS INC Total: 643.46 SUPPLIES 003579859 07/07/2015 72.93 EMPLOYEE UNIFORM 003624740 07/07/2015 208.94 EMPLOYEE UNIFORM 003544506 07/07/2015 65.90 Vendor GALLS LLC Total: 347.77 SERVICE OF WHEELCHAIR LIFT 48243 07/07/2015 767.50 Vendor GARAVENTA USA INC ANTIOCH Totai: 767.50 MATERIALS 31578 07/07/2015 104.00 MATERIALS 31609 07/07/2015 191.36 MATERIALS 31657 07/07/2015 225.16 MATERIALS 31706 07/07/2015 346.32 MATERIALS 31720 07/07/2015 204.36 Page 4 Expense Approval Register Vendor Name Account Number GESKE AND SONS INC 100-33-6110 Vendor: GLICK, DANIEL GLICK, DANIEL 100-47-5110 Vendor: GOLD MEDAL PRODUCTS GOLD MEDAL PRODUCTS 100-44-6110 GOLD MEDAL PRODUCTS 100-44-6110 GOLD MEDAL PRODUCTS 100-44-6110 Vendor: GREVE, CODY GREVE, CODY 100-47-5110 GREVE, CODY 100-47-5110 Vendor: HALOGEN SUPPLY COMPANY HALOGEN SUPPLY COMPANY 100-42-6210 Vendor: HAWKINS INC HAWKINS INC 510-31-6110 HAWKINS INC 510-31-6110 HAWKINS INC 510-32-6110 Vendor: HILLER, CHRISTINE E HILLER, CHRISTINE E 10047-5110 Vendor: HRGREEN HRGREEN 100-30-5110 HRGREEN 510-31-6110 HRGREEN 510-32-5110 Vendor: ILLINOIS FBI NA ILLINOIS FBI NA 100-22-5430 Vendor: ILLINOIS SECTION AW WA ILLINOIS SECTION AWWA 510-31-5430 Vendor, IN -PIPE TECHNOLOGY COMPANY INC IN -PIPE TECHNOLOGY 510-32-5110 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 100-33-5370 INTERSTATE BILLING SERVICE 100-33-5370 INTERSTATE BILLING SERVICE 100-33-5370 Vendor: J G UNIFORMS INC J G UNIFORMS INC 100-224510 Vendor: JENSEN SALES CO INC, LEE JENSEN SALES CO INC, LEE 510-32-6110 Vendor: JENSEN, TED JENSEN,TED 510-32-6110 1ENSEN,TED 510-32-6110 Description %Item) MATERIALS SOFTBALL UMPIRE SUPPLIES SUPPLIES SUPPLIES SOFTBALL UMPIRE SOFTBALL UMPIRE SUPPLIES SUPPLIES SUPPLIES SUPPLIES Packet: APPKT00093 • MATERIALS Payable Number Post Date Amount 31750 07/07/201S 198.64 Vendor GESKE AND SONS INC Total: 1,269.84 15-6/19/15 07/07/2015 46,00 Vendor GLICK, DAN1ELTotal: 46.00 6/15/15 07/07/2015 293.94 15 07/07/2015 248.75 291669 07/07/2015 239.00 Vendor GOLD MEDAL PRODUCTS Total: 00470496 3732545R1 3733410RM 3739093RI PARKS & REC INSTRUCTOR 4/22-6/1/15 GENERAL CONSULTATION GENERALCONSULTATION GENERAL CONSULTATION 86150011 86150011A 86159911 MONTHLY LUNCHEON MTG DULY 2015 QISTRIBUTIONCONFERENCE- 200017074 MONTHLY SERVICE 15941 VEHICLE REPAIRS 98190300 VEHICLE REPAIRS 98337459 VEHICLE REPAIRS 98337276 EMPLOYEE UNIFORM 37331 SUPPLIES 147243 SUPPLIES 03008 SUPPLIES 03011 Vendor GREVE, CODYTotal: 07/07/2015 Vendor HALOGEN SUPPLY COMPANYTotal: 07/07/2015 07/07/2015 07/07/2015 Vendor HAWKINS INC Total: 07/07/2015 Vendor HILLER, CHRISTINE E Total: 07/07/2015 07/07/2015 07/07/2015 Vendor HRGREEN Total: 07/07/2015 Vendor ILLINOIS FBI NA Total: 04/30/2015 Vendor ILLINOIS SECTION AWWA Total: 07/07/2015 Vendor IN -PIPE TECHNOLOGY COMPANY INC Total: 07/07/2015 07/07/2015 07/07/2015 Vendor INTERSTATE BILLING SERVICE INC Total: 07/07/2015 Vendor G UNIFORMS INC Total: 07/07/2015 Vendor JENSEN SALES CO INC, LEE Total: 07/07/2015 07/07/2015 Vendor JENSEN, TED Total: 781.69 3,286.89 122,50 122.50 917.75 3/246400 2,107.50 6,271.25 75.00 75.00 96.00 96.00 8,000.00 8,000.00 193,87 15.94 1,378.70 1,588.51 151.64 151.64 75.62 75.62 93.11 33.35 126.46 6/29/2015 5:14:09 PM Page 5 Expense Approval Register Vendor Name Account Number Description (item) Vendor: JPMORGAN CHASE BANK NA JPMORGAN CHASE BANK NA 100-22-5110 SUBPOENA FEES Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 100-33-5370 VEHICLE REPAIRS Vendor: KING, LAURA KING, LAURA 100-22-5430 REIMB TRAINING EXP Vendor: KOMOROUS,JUUE KOMOROUS, JULIE 100-41-3637 PARKS & REC REFUND Vendor: LANG-CADILLAC-BUICK-GMC INC, GARY LANG-CADILLAC-BUICK-GMC 100-22-5370 LANG-CADILLAC-BUICK-GMC 100-41-5370 Vendor: MANEVAL CONSTRUCTION CO INC MANEVAL CONSTRUCTION CO 440-00-8600 Vendor: MARSH USA INC MARSH USA INC 610 00 5960 MARSH USA INC 610-00-5960 MARSH USA INC 610-00-5960 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW 100-01-5230 Vendor: MCCORMICK,JENISE M MCCORMICK, JENISE M 100-47-5110 Vendor: MCH CTY MUNICIPAL RISK MGMTAGENCY MCH CTY MUNICIPAL RISK 610-00-5950 MCH CTY MUNICIPAL RISK 610-00-5960 Vendor: MCHENRY ANALYTICAL WATER LABORATORY INC MCHENRY ANALYTICAL WATER 510-31-5110 MCHENRYANALYTICALWATER 510-32-6110 MCHENRYANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 Vendor: MCHENRY COUNTY EDC MCHENRY COUNTY EDC 100-01-5410 Vendor: MCHENRY POWER EQUIPMENT INC MCHENRY POWER EQUIPMENT 100-45-6110 MCHENRY POWER EQUIPMENT 100-45-6110 MCHENRY POWER EQUIPMENT 10045-6110 MCHENRY POWER EQUIPMENT 100-45-6110 Vendor: MCHENRY SCHOOlS TRANSPORTATION DEPT MCHENRY SCHOOLS 100-42-5110 Vendor: MCHENRY SPECIALTIES MCHENRYSPECIALTIES 100-46-6920 Packet: APPKT00093 - SUBPOENA FEES Payable Number Post Date SB643341-I1 07/07/2015 VendorlPMORGAN CHASE BANK NATotal: 4274810 07/07/2015 Vendor KIMBALL MIDWESTTotal: INV0000538 07/07/2015 Vendor KING, LAURA Total: 125110 07/07/2015 Vendor KOMOROUS, JULIE Total: VEHICLE REPAIRS 118490 07/07/2015 VEHICLE REPAIRS 118516 07/07/2015 Vendor LANG-CADILLAC-BUICK-GMC INC, GARYTotal: KNOX DRIVE EXTENSION 8297 07/07/2015 Vendor MANEVAL CONSTRUCTION CO INC Total: PUBLIC OFFICIAL BOND 376333656864 07/07/2015 PUBLICOFFICIAL BOND 376336557471 07/07/2015 PUBLIC OFFICIAL BOND 376339909846 07/07/201S Vendor MARSH USA INC Total: TRAFFIC &ORDINANCE 1UNE 2015 07/07/2015 Vendor MCANDREWS PC,THELAW OFFICE OF PATRICK Total: PARKS &REC INSTRUCTOR 6/2/15-6/21/15 07/07/2015 Vendor MCCORMICK, JENISE M Total: 2015/2016 1STINSTALLMT 2015-MCH-01 07/07/2015 REIMB OFSUBRO PD BY CLAIM 15849E734168 07/07/2015 Vendor MCH CTY MUNICIPAL RISK MGMTAGENCY Total: MONTHLY DRINKING WATER 1502709 07/07/2015 NITROGEN TESTING 317733 07/07/2015 SUPPLIES 317734 07/07/2015 NITROGEN SAMPLES 317814 07/07/2015 NITROGEN SAMPLES 317815 07/07/2015 Vendor MCHENRYANALYTICAL WATER LABORATORY INCTotal: 2015INVESTMENT 2014-243 07/07/2015 Vendor MCHENRY COUNTY EDC Total: SUPPLIES 141248 07/07/2015 SUPPLIES 141495 07/07/2015 SUPPLIES 142034 07/07/2015 SUPPLIES 142259 07/07/2015 Vendor MCHENRY POWER EQUIPMENT INC Total: TRIP -MARLINS 6/17/15 07/07/2015 Vendor MCHENRY SCHOOLS TRANSPORTATION DEPT Total: AWARDS 2015-364 07/07/2015 Amount 124.87 124.87 244.81 244,81 15.00 15.00 45.00 45.00 28,91 18.61 47.52 79,946001 i 79,946,01 260.00 90,00 90.00 440,00 5,175.00 5,175.00 276,25 276.25 292,536,00 1,588.40 294,124.40 40D.00 60.00 60.00 60.00 6D.00 900,00 900.00 36.91 9.44 55.98 14.90 117.23 123.72 123.72 99.00 6/29J2015 5:14:09 PM Page 6 Expense Approval Register Vendor Name Account Number MCHENRY SPECIALTIES 100-47-6920 Vendor: METROPOLITAN INDUSTRIES METROPOLITAN INDUSTRIES 510-32-5380 METROPOLITAN INDUSTRIES 510-32-5375 METROPOLITAN INDUSTRIES 510-32-5375 Vendor: MEYER MATERIAL COMPANY MEYER MATERIAL COMPANY 510-35-6110 MEYER MATERIAL COMPANY 510-35-6110 Vendor: MICRO FORMAT INC MICRO FORMAT INC 100-03-5330 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 510-35-6110 MID AMERICAN WATER OF 100-33-6110 Vendor: MIDWESTHOSEAND FITTINGS INC MIDWEST HOSE AND FITTINGS 100-33-5370 MIDWEST HOSE AND FITTINGS 100-33-5370 MIDWEST HOSE AND FITTINGS 100-33-5370 MIDWEST HOSE AND FITTINGS 510-32-6110 Vendor: MILLER MONUMENT COMPANY MILLER MONUMENT 100-41-6110 Vendor: MINUTEMAN PRE55 OF MCH MINUTEMAN PRESS OF MCH lOD-03-5330 MINUTEMAN PRESS OF MCH 100-014220 MINUTEMAN PRESS OF MCH 100-01-4220 Vendor: MNl TECHNOLOGIES DIRECT INC MNJ TECHNOLOGIES DIRECT 620-00-6270 Vendor: MOORE, KEVIN MOORE, KEVIN 100-47-5110 Vendor: MULCH CENTER, THE MULCH CENTER, THE 100-45-6110 MULCH CENTER, THE 100-45-6110 Vendor: MUNICIPAL CLERKS OF LAKE COUNTY MUNICIPAL CLERKS OF LAKE 100-01-5410 Vendor: NEUMANN JR, EDWARD J NEUMANNJR,EDWARDJ 740-00-6960 Vendor: NEVILLE, HOLLY NEVILLE, HOLLY 100-22-4510 Vendor: NORTH EAST MULTI-REGIONAL7RAINING INC NORTH EAST MULTI -REGIONAL 100-22-5430 Description (Item) AWARDS REPAIRS UPGRADE LMS400TO LMSII REPAIRS -SEAL KIT & GASKET MATERIALS MATERIALS PRINTING SUPPLIES Payable Number 2015-364 Packet: APPK 00093 - AWARDS Post Date 07/07/2015 Vendor MCHENRY SPECIALTIES Total: 0000298246 07/07/2015 0000297841 07/07/2015 0000298555 07/07/2015 Vendor METROPOLITAN INDUSTRIES Total: 705600856 07/07/2015 705645564 07/07/2015 Vendor MEYER MATERIAL COMPANYTotal: 111179 07/07/2015 Vendor MICRO FORMAT INC Total: Amount 287.00 386.00 412.25 5,887.00 6/306635 12,605.60 79.50 82.22 100.00 SUPPLIES 163974W 07/07/2015 631.00 SUPPLIES 164053W 07/07/2015 386.00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 11017.00 VEHICLE REPAIRS M14243 07/07/2015 17.78 VEHICLE REPAIRS M14244 07/07/2015 14.01 VEHICLE REPAIRS M14352 07/07/2015 15.30 SUPPLIES M14385 07/07/2015 23.60 Vendor MIDWEST HOSE AND FITTINGS INC Total: 70.69 SUPPLIES 6.12.15 07/07/2015 49.95 Vendor MILLER MONUMENT COMPANYTotal: 49.95 BUSINESS CARDS 84059 07/07/2015 36.50 PRINTING FLYERS 84071 07/07/2015 42.70 PRINTING FARM BROCHURE 84106 07/07/2015 104.35 Vendor MINUTEMAN PRESS OF MCH Total: 183.55 SUPPLIES 0003400448 07/07/2015 1,835.17 Vendor MNJ TECHNOLOGIES DIRECT INCTotal: 1,835.17 SOFTBALL UMPIRE 6/1/15-6/19/15 07/07/2015 76.50 Vendor MOORE, KEVIN Total: 76.50 SUPPLIES 3428 07/07/2015 2,800.00 SUPPLIES 4114 07/07/2015 528.00 Vendor MULCH CENTER, THE Total: 31328.00 LUNCHEON MEETING INV0000520 07/07/2015 14.00 Vendor MUNICIPAL CLERKS OF LAKE COUNTY Total: 14.00 1ULY PARKING LOT RENTAL INV0000521 07/07/2015 500.00 Vendor NEUMANN JR, EDWARD J Total: 500.00 REIMB UNIFORM ALLOWANCE INV0000539 07/07/2015 42.86 Vendor NEVILLE, HOLLYTotai: 42.86 TRAINING EXPENSE 197423 07/07/2015 35.00 Vendor NORTH EAST MULTI -REGIONAL TRAINING INC Total: 35.00 6/29J2015 5:14:09 PM Page 7 Expense Approval Register Vendor Name Vendor: NORTHWEST HERALD NORTHWEST HERALD NORTHWEST HERALD Account Number 100-41-5450 100-22-5450 Vendor: NUNDA TOWNSHIP ROAD DISTRICT NUNDA TOWNSHIP ROAD 100-33-6110 Vendor: OTTER SALES &SERVICE INC OTTER SALES & SERVICE INC 100-45-5370 Vendor: OTTOSEN BRITZ KELLY COOPER &GILBERT LTD OTTOSEN BRITZ KELLY COOPER 100-01-5410 Vendor:PALA,JOSEFINA PALA,JOSEFINA 100-47-5110 Vendor: PEPSI BEVERAGE COMPANY PEPSI BEVERAGE COMPANY 100-44-6110 PEPSI BEVERAGE COMPANY 100-44-6110 Vendor: PETERSON, DWAYNE PETERSON, DWAYNE 100-47-5110 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 PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC 100-33-6250 510-32-6250 510-31-6250 510-35-6250 100-33-6250 510-31-6250 510-32-6250 510-31-6250 510-35-6250 100-33-6250 100-03-6250 510-32-6250 510-35-6250 510-31-6250 510-35-6250 100-45-6250 100-33-6250 10045-6250 100-03-6250 100-45-6250 510-32-6250 510-35-6250 510-32-6250 510-35-6250 Vendor: PETROW, STEPHANIE 5 PETROW, STEPHANIE S 100-46-5110 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 100-22-4510 PETTIBONE & CO, P F 100-22-4510 PETTIBONE & CO, P F 100-22-4510 Description (Item) PARKS &REC NEWSPAPER PD NEWSPAPER SUBSCRIP SUPPLIES VEHICLE REPAIRS LEGAL SERVICES PARKS &REC PROGRAM CONCESSIONS SUPPLIES CONCESSION SUPPLIES SOFTBALL UMPIRE VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL DRUM CREDIT VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL PARKS &REC PROGRAM EMPLOYEE UNIFORM EMPLOYEE UNIFORM EMPLOYEE UNIFORM Packet. APPKT00093 - PARKS & REC NEWSPAPER SUBSCRIP Payable Number Post Date 39623 07/07/2015 INV0000522 07/07/2015 Vendor NORTHWEST HERALD Total: 6/18/15 07/07/2015 Vendor NUNDA TOWNSHIP ROAD DISTRICT Total: P154102 07/07/2015 Vendor OTTER SALES & SERVICE INCTotal: 79313 07/07/2015 Vendor OTTOSEN BRITZ KELLY COOPER & GILBERT LTD Total: Amount 255.80 255.80 511.60 7,029.96 71029.96 54.25 54.25 860.00 Ii�a�I�, 3/31/15-6/5/15 07/07/2015 228.25 Vendor PALA, JOSEFINA Total: 228.25 87969153 07/07/2015 648.16 33498210 07/07/2015 321.90 Vendor PEPSI BEVERAGE COMPANY Total: 970.06 15-6/19/15 07/07/2015 161.00 Vendor PETERSON, DWAYNE Total: 161.00 2213227 07/07/2015 608.34 9634738 07/07/2015 321.46 9634739 07/07/2015 209.10 9634739 07/07/2015 127.55 9634741 07/07/2015 663.52 9636842 07/07/2015 120.28 9636842 07/07/2015 230.76 9636843 07/07/2015 82.40 9636843 07/07/2015 78.26 9637591 07/07/2015 -20.00 9641179 07/07/2015 130.44 9641180 07/07/2015 315.55 9641180 07/07/2015 164.52 9641181 07/07/2015 226.72 9641181 07/07/2015 77.33 9641182 07/07/2015 508.65 9641183 07/07/2015 963.72 9643101 06/24/2015 5103 9643113 06/24/2015 63.16 9643116 07/07/2015 86.32 9643114 07/07/2015 349.06 9643114 07/07/2015 169.83 9643115 07/07/2015 127.50 9643115 07/07/2015 49.77 Vendor PETROLIANCE LLC Total: 5,707.27 INV0000524 07/07/2015 105.00 Vendor PETROW, STEPHANIE S Total: 105.00 33334 06/24/2015 100.93 32883 07/07/2015 393.89 33416 07/07/2015 37.95 Vendor PETTIBONE & CO, P F Total: 532.77 6/29/2015 5:14:09 PM Page 8 Expense Approval Register Vendor Name Account Number Vendor: PLATINUM HEATING & COOLING INC PLATINUM HEATING & 510-32-6110 Vendor: POMPS TIRE SERVICE INC POMPS TIRE SERVICE INC 100-33-5370 Vendor: POWER DMS INC POWER DMS INC 620-00-5110 Vendor: PRETZER, TINA PRETZER, TINA 100-2200 Vendor: PRO PLAYER CONSULTANTS INC PRO PLAYER CONSULTANTS 100-47-5110 Vendor% PROSHRED SECURITY PROSHRED SECURITY 100-22-5110 Vendor: QUALITY TIRE SERVICE QUALITY TIRE SERVICE 100-41-5370 QUALITY TIRE SERVICE 510-32-5370 Vendor: RADICOM INC RADICOM INC 100-22-8300 RADICOM INC 100-46-6110 Vendor: RAIN FOR RENT RAIN FOR RENT 510-32-5375 Vendor: RECREONICS RECREONICS 100-44-6110 Vendor: REINDERS INC REINDERS INC 10045-6110 Vendor: RESERVE ACCOUNT RESERVEACCOUNT 10&01-5310 RESERVEACCOUNT 100-02-5310 RESERVEACCOUNT 100-03-5310 RESERVEACCOUNT 100-04-5310 RESERVEACCOUNT 100-22-5310 RESERVEACCOUNT 100-30-5310 RESERVEACCOUNT 100-41-5310 RESERVEACCOUNT 205-00-5310 RESERVE ACCOUNT 510-31-5310 RESERVE ACCOUNT 510-32-5310 Vendor: RICHMOND FISHERIES RICHMOND FISHERIES 100-46-6920 Vendor: ROC CONSTRUCTION SUPPLY ROC CONSTRUCTION SUPPLY 100-33-6110 Packet: APPKT00093 -SUPPLIES Description (Item} Payable Number Post Date Amount SUPPLIES 3597 07/07/2015 380.00 Vendor PLATINUM HEATING & COOLING INC Total: 380.00 VEHICLE REPAIRS 640031848 07/07/2015 739.96 Vendor POMPS TIRE SERVICE INCTotal: 739.96 CALEA SUBSCRIPTION 10599 07/07/2015 41383,29 Vendor POWER DMS INC Total: 4,383.29 OVERPAYMENTONTICKET INV0000523 07/07/2015 25.00 Vendor PRETZER, TINA Total: 25.00 T ALL 6;8/15-7/1/15 07/07/2015 11575.D0 Vendor PRO PLAYER CONSULTANTS INCTotal: 1/575600 SHREDDING SERVICES 990008806 07/07/2015 53.00 Vendor PROSHRED SECURITY Total: 53.00 VEHICLE REPAIRS 38310 07/07/2015 44.28 VEHICLE REPAIRS 38346 07/07/2015 40.00 Vendor QUALITY TIRE SERVICE Total: 84.28 WIRELESS HEADSETS 101255 07/07/2015 600.00 SUPPLIES 101232 07/07/2015 92.50 Vendor RADICOM INC Total: 692.50 EQUIP REPAIRS O49054949 07/07/2015 21502.25 Vendor RAIN FOR RENT Total: 21502.25 SUPPLIES 110/CITIE 07/07/2015 542.06 Vendor RECREONICS Total: 542.06 SUPPLIES 1587068-00 07/07/2015 576.90 Vendor REINDERS INC Total: 576.90 POSTAGE FOR MAILING INV0000S25 07/07/2015 75.56 POSTAGE FOR MAILING INV0000525 07/07/2015 83.14 POSTAGE FOR MAILING INV0000525 07/07/2015 35.42 POSTAGE FOR MAILING INV0000525 07/07/2015 679.84 POSTAGE FOR MAILING INV0000525 07/07/2015 186.64 POSTAGE FOR MAILING INVOOODS25 07/07/2015 18.40 POSTAGE FOR MAILING INV0000525 07/07/2015 48.58 POSTAGE FOR MAILING INV0000525 07/07/2015 0.49 POSTAGE FOR MAILING INV0000526 07/07/2015 71.70 PO STAGE FOR MAILING INV0000526 07/07/2015 15.29 Vendor RESERVE ACCOUNT Totala 10215606 SUPPLIES 6/5/15 07/07/2015 1/000000 Vendor RICHMOND FISHERIES Total: 11000,00 SUPPLIES 24263 07/07/2015 107.28 Vendor ROC CONSTRUCTION SUPPLY Total: 107.28 6/29/2015 5:14:09 PM Page 9 Expense Approval Register Packet: APPKT00093 - SUPPLIES Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: S&S WORLDWIDE INC 5&S WORLDWIDE INC 10046-6110 SUPPLIES 10563759 07/07/2015 71.99 VendorS&S WORLDWIDE INC Total: 71.99 Vendor: SCHMITT, MATTHEW SCHMITT, MATTHEW 100-22-5420 REIMB TRAINING EXPENSE INV0000542 07/07/2015 8.00 Vendor SCHMITT, MATTHEW Total: 8.00 Vendor: SCHWEITZER, BRIAN H SCHWEITZER, BRIAN H 100-47-5110 PARKS & REC INSTRUCTOR 6/8/15-6/12/15 07/07/2015 420.00 Vendor SCHWEITZER, BRIAN H Total: 420.00 Vendor: SECRETARY OF STATE SECRETARY OF STATE 100-01-6940 CONF PLATE RENEWAL-PD INV0000527 07/07/2015 101.00 Vendor SECRETARY OF STATE Total: 101.00 Vendor: SEMROW JR, HARRY H SEMROW JR, HARRY H 100-03-5110 ADM AD1 HEARINGS MAY 2015 MAY 2015 07/07/2015 48.75 SEMROW JR, HARRY H 100-22-5110 ADM AD! HEARINGS MAY 2015 MAY 2015 07/07/2015 438.75 Vendor SEMROW JR, HARRY H Total: 487.50 Vendor: SHARE CORP SHARE CORP 510-32-6110 SUPPLIES 914218 07/07/2015 340.86 Vendor SHARE CORP Totala 340.86 Vendor: SHERWOOD, CYRESE SHERWOOD, CYRESE 10041-3634 PARKS & REC REFUND 125461 07/07/2015 84.00 Vendor SHERWOOD, CYRESE Total: 84.00 Vendor: SKILLS FIRST SOCCER LLC SKILLS FIRST SOCCER LLC 10047-5110 PARKS & REC PROGRAM 02-024 07/07/2015 975.00 Vendor SKILLS FIRST SOCCER LLC Total: 975.00 Vendor: STANS OFFICE TECHNOLOGIES STANS OFFICE TECHNOLOGIES 620-00-6210 PD COPIER METER READ 312934 07/07/2015 238.72 STANS OFFICE TECHNOLOGIES 620-00-6210 PD/ADMIN COPIER 313011 07/07/2015 591.96 Vendor STANS OFFICE TECHNOLOGIES Total: 830.68 Vendor: STAPLES ADVANTAGE STAPLES ADVANTAGE 100-00-6210 SUPPLIES 8034733653 07/07/2015 642.31 STAPLES ADVANTAGE 100-03-6210 SUPPLIES 8034733653 07/07/2015 45.96 STAPLES ADVANTAGE 100-22-6210 SUPPLIES 8034733653 07/07/2015 26.20 STAPLES ADVANTAGE 100-30-6210 SUPPLIES 8034733653 07/07/2015 22.04 Vendor STAPLES ADVANTAGE Total: 736.51 Vendor: STAPLES CREDIT PLAN STAPLES CREDIT PLAN 100-00-6210 SUPPLIES 1326279541 07/07/2015 63.98 STAPLES CREDIT PLAN 100-04-6210 SUPPLIES 1326279541 07/07/2015 115.55 STAPLES CREDIT PLAN 100-22-6210 SUPPLIES 1326279541 07/07/2015 26.94 STAPLES CREDIT PLAN 100-33-6210 SUPPLIES 1326279541 07/07/2015 2.99 STAPLES CREDIT PLAN 100-41-6210 SUPPLIES 1326279541 07/07/2015 66.47 Vendor STAPLES CREDIT PLAN Total: 275.93 Vendor: STUCKEY CONSTRUCTION STUCKEY CONSTRUCTION 400-00-8200 MCHENRY REC CENTER 1A 07/07/2015 15,05&00 STUCKEY CONSTRUCTION 400-00-8200 MCHENRY REC CENTER 2 07/07/2015 183,590,00 STUCKEY CONSTRUCTION 400-00-8200 MCHENRY REC CENTER 3 07/07/2015 416,529.90 Vendor STUCKEY CONSTRUCTION Total: 615,177.90 Vendor: SUNBURST SPORTSWEAR INC SUNBURST SPORTSWEAR INC 100-47-6920 RIVERRUN SUPPLIES 114395 07/07/2015 21863.32 Vendor SUNBURST SPORTSWEAR INC Total: 21863.32 Vendor: TEXAS REFINERY CORP TEXAS REFINERY CORP 510-32-6110 SUPPLIES 949677 07/07/2015 390.00 Vendor TEXAS REFINERY CORP Total: 390.00 Vendor: THELEN MATERIALS LLC THELEN MATERIALS LLC 100-33-6110 MATERIALS 322250 07/07/2015 464.84 6/29/2015 5:14:09 PM Page 10 Expense Approval Register Packet: APPKT00093 - MATERIALS Vendor Name Account Number Description (item) Payable Number Post Date Amount THELEN MATERIALS LLC 100-33-6110 MATERIALS 322639 07/07/2015 174.30 Vendor THELEN MATERIALS LLC Total: 639.14 Vendor: THOMPSON ELEVATOR INSPECTION SERV INC THOMPSON ELEVATOR 100-33-5115 ELEVATOR INSPECTION 15-1894 07/07/2015 75.00 Vendor THOMPSON ELEVATOR INSPECTION SERV INCTotal: 75.00 Vendor: TOWER WORKS TOWER WORKS 510-31-5110 CONTRACTUAL SERVICES- 65656 07/07/2015 21645,00 TOWERWORKS 100-22-5110 CONTRACTUAL SERVICES- 65656A 06/24/2015 2,643.00 TOWERWORKS 620-00-5110 CONTRACTUAL SERVICES- 65656A 06/24/2015 2,643.00 Vendor TOWER WORKS Total: 7,931.00 Vendor: TRAFFIC CONTROL & PROTECTION INC TRAFFIC CONTROL & 100-33-6110 SUPPLIES 83334 07/07/2015 900.00 TRAFFICCONTROL& 100-33-6110 SUPPLIES 83369 07/07/2015 775.10 TRAFFICCONTROL& 100-33-6110 SUPPLIES 83475 07/07/2015 111.55 TRAFFIC CONTROL& 100-33-6110 SUPPLIES 83476 07/07/2015 305.40 TRAFFIC CONTROL& 100-33-6110 SUPPLIES 83559 07/07/2015 323.60 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 2,415.65 Vendor: TREASURER STATE OF ILLINOIS TREASURER STATE OF ILLINOIS 270-00-8600 ILLTRANS ENHANCEMT PROG- 108307A 07/07/2015 116,723.04 Vendor TREASURER STATE OF ILLINOIS Total: 116,723.04 Vendor: TREDROCTIRE/ANTIOCH 002 TREDROCTIRE/ANTIOCH 002 510-32-5370 VEHICLE REPAIRS 301726 07/07/2015 2,849.96 TREDROCTIRE/ANTIOCH 002 100-33-5370 VEHICLE REPAIRS 301897 07/07/2015 522.98 TREDROC TIRE/ANTIOCH 002 100-33-5370 VEHICLE REPAIRS 301898 07/07/2015 513,64 Vendor TREDROC TIRE/ANTIOCH 002 Total: 3,88&58 Vendor: TYLER TECHNOLOGIES TYLER TECHNOLOGIES 510-31-5110 FINANCE SOFTWARE 025-127587 07/07/2015 60.00 TYLER TECHNOLOGIES 510-32-5110 FINANCESOFTWARE 025-127587 07/07/2015 60.00 TYLER TECHNOLOGIES 450-00-8300 FINANCESOFTWARE 025-127995 07/07/2015 218.75 Vendor TYLER TECHNOLOGIES Total: 338.75 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 100-22-5370 REPAIRS 12239 07/07/2015 1930 ULTRASTROBE 100-22-5370 REPAIRS 12282 07/07/2015 12.95 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 32.85 Vendor: UPS STORE, THE UPS STORE, THE 100-22-6210 SUPPLIES 4490/3015 07/07/2015 68.75 Vendor UPS STORE, THE Total: 68.75 Vendor: VARGAS, JOHN VARGAS, JOHN 100-2200 OVERPAYMT PARKING TICKET INV0000528 07/07/2015 25.00 Vendor VARGAS, JOHN Total• 25.00 Vendor: VIKING CHEMICAL COMPANY VIKING CHEMICAL COMPANY 510-32-6110 SUPPLIES 17704 07/07/2015 2,021.98 VIKING CHEMICAL COMPANY 510-32-6110 SUPPLIES 17844 07/07/2015 9,164.76 Vendor VIKING CHEMICAL COMPANYTotal: 11,186.74 Vendor: WASTE MANAGEMENT OF WI PHEASANT RUN RDF WASTE MANAGEMENT OF WI 510-32-5580 SLUDGE REMOVAL 0029022-2742-6 07/07/2015 6,886.56 Vendor WASTE MANAGEMENT OF WI PHEASANT RUN RDF Total: 6,886.56 Vendor: WATER PRODUCTS -AURORA WATER PRODUCTS -AURORA 510-35-6110 SUPPLIES 0257730 07/07/2015 170.00 Vendor WATER PRODUCTS - AURORA Total: 170.00 Vendor: WITT, CINDY WITT, CINDY 100-42-6920 REIMB SPECIAL EVENT INV0000529 07/07/2015 30.00 WITT, CINDY 100-4&6920 REIMB SPECIAL EVENT INV0000529 07/07/2015 3.00 Vendor WITi, CINDY Total: 33.00 6/29/2015 5:14;09 PM Page 11 Expense Approval Register Packet: APPKT00093 - SUPPLIES Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: XYLEM WATER SOLUTIONS USA INC XYLEM WATER SOLUTIONS USA 510-32-6110 SUPPLIES 3556842617 07/07/2015 787.10 Vendor XYLEM WATER SOLUTIONS USA INC Total; 787.10 Vendor: ZASADA, JIM ZASADA, JIM 100-47-5110 SOFTBALLUMPIRE 6/1/15-6/19/15 07/07/2015 46.00 Vendor ZASADA, JIM Total; 46.00 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 100-01-5230 CORPORATE 114443 07/07/2015 3/981625 ZUKOWSKI ROGERS FLOOD & 100-01-5230 TRAFFIC 114444 07/07/2015 6,105.00 ZUKOWSKI ROGERS FLOOD & 740-00-5230 SPRINTCOM INC 114445 07/07/2015 870.00 ZUKOWSKI ROGERS FLOOD & 740-00-5230 BLACKHAWK RESTAURANT 114448 07/07/2015 580100 ZUKOWSKI ROGERS FLOOD & 100-01-5230 IEPA LOAN AGREEMENT 114650 07/07/2015 22,795.25 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 340331.S0 Grand Total: 1$12,734.91 6/29/2015 5:14:09 PM Page 12 Expense Approval Register Fund Summary Fund Expense Amount 100 - GENERAL FUND 103,917.23 205 - PAGEANT FUND 0.49 225 -ALARM BOARD FUND 195.00 270- MOTOR FUELTAX FUND 125,687,33 400 - RECREATION CENTER FUND 615,177.90 440 - CAPITAL IMPROVEMENTS FUND 82,346,01 450-CAPITAL EQUIPMENT FUND 218.75 510- WATER/SEWER FUND 78,702,79 610 - RISK MANAGEMENT FUND 294,564.40 620- INFORMATION TECHNOLOGY FUND 91975,01 740 - RETAINED PERSONNEL ESCROW 1,950.00 Grand Total: 1,3121734.91 Packet: APPKT00093 - IEPA LOAN AGREEMENT 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 DATE: July 6, 2015 TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator RE: Variances from the Subdivision Control and Development Ordinance for the property located at 1620 N Riverside Drive to allow the construction of a horseshoe -style driveway with two curb cuts ATT: 1. Location Map and Photograph of 1620 N Riverside Drive 2. Photographs of 1512 N Riverside Drive 3. Photographs of 1610 N Riverside Drive 4. Ordinance granting variances from the Subdivision Control and Development Ordinance for the property located at 1620 N Riverside Drive 5. Unapproved Planning and Zoning Commission Minutes dated June 17, 2015 6. Application Packet BACKGROUND: The applicant is proposing to construct ahorseshoe-style driveway and is seeking a second driveway cut onto Riverside Drive. A similar request for the property located at 1506 N Richmond Road was approved by the City Council in 2013. In order to construct a second driveway cut at the subject property two variances from the Subdivision Control and Development Ordinance are required: variance from the 100' total frontage requirement for two driveway cuts and a variance from the 50' separation requirement between two driveway cuts. The variances must be considered by the Planning and Zoning Commission at a public meeting and the Planning and Zoning Commission recommendation is subsequently forwarded to the City Council. ANALYSIS: The subject property is located along north Riverside Drive, and the applicant is requesting the driveway variances to expand the existing driveway so vehicles can easily turn around on the property. Currently, vehicles must back into traffic on Riverside Drive. Expanding the driveway in a horseshoe configuration is the most practical remedy for vehicles Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us to exit safely onto Riverside Drive. The properties at 1610 N Riverside and 1512 N Riverside Drive (see attached photographs) have similar horseshoe -style driveways. Staff believes the applicant has a major hardship and the two variances are justifiable. There is not enough land area between the house and Riverside Drive to expand the current driveway and provide an adequate space to turn vehicles around. Additionally, backing onto Riverside Drive at this location can be dangerous given the amount of traffic on the roadway. The two variances being requested relate to space constraints on the property. The current lot frontage is approximately 75' and the proposed separation between the two driveway cuts is about 31'. The ordinance requires a minimum of 100' of lot frontage and a minimum separation of 50' between the two driveway cuts. The applicant complies with the third requirement for having multiple driveway cuts, which is maintaining a five-foot setback from the side lot line. Below are the criteria which must be satisfied in order to grant a variance from the requirements of the subdivision control and development ordinance: 1. The granting of the variance is in keeping with the overall purpose and intent of these regulations, and will not be detrimental to the public health, safety, or general welfare; and 2. The conditions on which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property; and 3. The granting of the variance will alleviate a practical difficulty or particular hardship due to the physical surroundings, shape or topographic conons of the specc property involved; and 4. The granting of the variance will not negatively affect adjacent properties. Although there are existing driveway configurations similar to the one being proposed on Riverside Drive staff believes the criteria have been met and recommends approval of the requested variances. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission recommended approval (5-0) of the following variances from the Subdivision Control and Development Ordinance for the property located at 1620 N Riverside Drive with the condition the site is developed in substantial accordance with the conceptual plan prepared on the survey by Luco Construction March 25, 2015, as presented. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Variance from the 100' frontage requirement for two driveway cuts Variance from the 50' separation requirement between two driveways If the City Council concurs with the Planning and Zoning Commission it is recommended the attached ordinance granting variances from the Subdivision Control and Development Ordinance Technical Specifications Manual and Standard Details from the 100' frontage requirement from the 50' separation requirement between two driveways for two driveway cuts for the property located at 1620 N Riverside Drive to allow 75 feet of frontage and 31 feet of spacing between the two driveway cuts be approved with the condition the site is developed in substantial accordance with the conceptual plan prepared on the survey by Luco Construction March 25, 2015, as presented. Mcawr os nc� sox e�v� , IN zi Awl low ' mil' ♦. i MC%HT OF THE i0% - �% ♦ b _ all v 10 FF L c "%L s i ;? tp 4: r. V ' OF TN[ i0% HIVC t 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 File No. Z-866 1620 N. Riverside Drive Variances from the Subdivision Control and Development Ordinance In attendance were Michael and Mary Chambers, 1620 N. Riverside Dr, McHenry, IL owners of the property at 1620 N. Riverside Drive, regarding the request for variances from the subdivision control and development ordinance for their property. Mr. Chambers summarized his request to expand his existing driveway to a horseshoe configuration so vehicles can safely and easily turn around on the property without backing into traffic on Riverside Drive. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter noting the applicant is proposing to construct a horseshoe -style driveway and is seeking a second driveway cut onto Riverside Drive. On January 17, 2013 the Commission considered a similar request for the property located at 1506 N Richmond Road. This request was subsequently approved by the City Council. In order to construct a second driveway cut at the subject property two variances from the Subdivision Control and Development Ordinance are required: variance from the 100 total frontage requirement for two driveway cuts and a variance from the 50' separation requirement between two driveway cuts. The variances must be considered by the Planning and Zoning Commission at a public meeting and the Planning and Zoning Commission recommendation is subsequently forwarded to the City Council. The subject property is located along north Riverside Drive, and the applicant is requesting the driveway variances to expand the existing driveway so vehicles can easily turn around on the property. Currently, vehicles must back into traffic on Riverside Drive. Expanding the driveway in a horseshoe configuration is the most practical remedy for vehicles to exit safely onto Riverside Drive. The properties at 1610 N Riverside and 1512 N Riverside Drive have similar horseshoe -style driveways. Staff believes the applicant has a major hardship and the two variances are justifiable. There is not enough land area between the house and Riverside Drive to expand the current driveway 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 and provide an adequate space to turn vehicles around. Additionally, backing onto Riverside Drive at this location can be dangerous given the amount of traffic on the roadway. The two variances being requested relate to space constraints on the property. The current lot frontage is approximately 75' and the proposed separation between the two driveway cuts is about 31'. The ordinance requires a minimum of 100' of lot frontage and a minimum separation of 50' between the two driveway cuts. The applicant complies with the third requirement for having multiple driveway cuts, which is maintaining a five-foot setback from the side lot line. There are specific criteria which must be satisfied in order to grant a variance from the requirements of the subdivision control and development ordinance and although there are existing driveway configurations similar to the one being proposed on Riverside Drive, staff believes the criteria have been met and recommends approval of the requested variances. Staff is recommending approval of a variance from the 100' frontage requirement for two driveway cuts and approval of a variance from the 50' separation requirement between two driveways with the condition the site is developed in substantial accordance with the conceptual plan prepared on the survey by Luco Construction March 25, 2015. Chairman Strach invited questions and/or comments from the Commission. Commissioner Nadeau inquired how many extra cars could be parked in the new configuration and whether it would be wide enough. Mr. Chambers replied they could park possibly four cars and the driveway was wide enough. He stated they are not looking for double parking but for safety; currently extra cars visiting park on the west side of street and it can be pretty dangerous to cross the street to the house. He additionally stated backing out of the driveway is very difficult during certain hours of the day. The new configuration will also add some curb appeal to the property. Commissioner Doherty stated he did a site inspection and it appeared the change will look very appealing aesthetically. Commissioner Bromley asked if there were landscaping plans as there could be line of sight concerns with the variance. Mr. Chambers stated his wife is a landscape designer and everything will be designed to be low and pleasing, using more of groundcover and plants that are salt tolerant. 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 Chairman Strach opened the floor to questions and comments from the audience. He noted there was no one in the audience who wished to address the commission on this matter. The public comment portion of the meeting was closed at 8:00 p.m. Motion by Nadeau, seconded by Doherty, to recommend to City Council approval of the following variances: Variance from the 100' frontage requirement for two driveway cuts; Variance from the 50' separation requirement between two driveways; for the property located at 1620 N. Riverside Drive, with the condition the site is developed in substantial accordance with the conceptual plan prepared on the survey by Luco Construction March 25, 2015, as presented. 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 discussion regarding file No. Z-866 at 8:02 p.m. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. 15- AN ORDINANCE GRANTING VARIANCES FROM THE SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE TECHNICAL SPECIFICATION MANUAL AND STANDARD DETAILS FOR THE PROPERTY LOCATED AT 1620 N RIVERSIDE DRIVE 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, Michael and Mary Chambers ("APPLICANTS" and "OWNERS") have requested variances from the Subdivision Control and Development Ordinance Technical Specifications Manual and Standard Details for the property located at 1620 N Riverside Drive and legally described on attached Exhibit A ("SUBJECT PROPERTY"); and WHEREAS, the Planning and Zoning Commission has reviewed the variances at a public meeting held June 17, 2015 and provided a written record of this meeting and its recommendation to the City Council; and WHEREAS, the City Council finds that the approval of the variances is in conformance with the Ordinances of the City. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the SUBJECT PROEPRTY is hereby granted Variances from Section T — 5.3 Residential Driveways and Parking Lots (F) of the Subdivision Control and Development Ordinance Technical Specifications Manual and Standard Details from the 100' frontage requirement from the 50' separation requirement between two driveways for two driveway cuts for the property located at 1620 N Riverside Drive to allow 75 feet of frontage and 31 feet of spacing between the two driveway cuts with the condition the site is developed in substantial accordance with the conceptual plan prepared on the survey by Luco Construction March 25, 2015 attached hereto and incorporated herein as Exhibit "B". SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. lip "K- oF THE FOX KI�M Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 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 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 DAY OF 12015 MAYOR ATTEST: CITY CLERK Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property LTJ Ly -01 1 F, R HCd or THR Fox RIVE 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 Cilenry Community and Economic Development PROPERTY ,/V ADDRESS: A l/oi C{' Al/�] PERMIT NO. Community & Economic Development 333. S. Green Street, McHenry, IL 60050 E-mail: ced@ci.mchenry.il.us (815) 363-2170 OFFICE USE ONLY Zoning Dist: ESTIMATED COST OF CONSTRUCTION:�S—CiO Township/Pin: Existing Use: Single Family ❑ Multi -Family Flood Zone: ❑ Air Conditioning ❑ Deck/Gazebo ❑ Demolition ❑ Hot Tub Residential Minor Permit Application ❑ Lawn Irrigation ❑ Pool (Permanent) Over the Counter ❑ Re -roof ❑ Siding Community and Economic Development M/�Y 11 2015 ❑ Detached Garage ❑Retaining Wall (over a°> ❑ Water Heater City of McHenry Driveway ❑ Remodel/Alteration ❑ Water/Sewer Repair PERMIT FEES ❑ Electric ❑ Shed Building: 24-11our Review Plumbing: ElFence ❑ Sidewalk/Stairs ElPool (storable) Bond: ❑ Furnace ❑ Stone/Brick Veneer ❑ Windows/Doors me ise* ❑ Other: TOTAL. Owner: Phone: (� c>2 7G— c. Address. MAP gzh2e Unit #: City: l State. �2 Zip: E-mail:/Z/w40416���S,��G�d.��i�l-,/�/�% Contractor: Xboe/ns Phone. ( LFITA4 3 E-mail: Electrical Contractor. Phone. Submit a copy of an electrical license with this application. Plumbing Contractor: Phone: �) Submit the following. Letter of intent on plumbing contractors letterhead (with corporate seal, or notary seal) stating that they are doing this job; copy of State plumbing license; copy of certificate of State registration. Roofing Contractor: Phone: ( ) Submit a copy of a State of Illinois roofing contractor license with this application. Notes:I"6G�Gw �.Q Be sure to visit the City web site (www.ci.mchenry.il.us) and review the handouts found under Document Resources. All information provided herein is true and correct and all ordinances and codes of the City of McHenry shall be complied with. I hereby represent and agree that, in consideration of this permit being issued, only the work herein applied for will be done and that the premises being worked on will only be used for the purposes set forth herein. I hereby indemnify the City, its officials and employees from any and all liability for damages, lawsuits, attorneys fees and injuries, including death sustained by anyone or damage to any property, including surveying errors and encroachment liabilityyvhich accrue against the City, its officials and employees relating to the work referenced herein. SIGNED: Approved By Name: TE: FOR OFFICE USE Isaued Expiration Scanned Date: Date: (Rev❑. 4/14) N Plat of Survey E LEGAL DESCRIPTION: LOT 5 AND THE SOUTHERLY 9 FEET OF LOT 6 IN BLOCK 1 OF SNYDER'S SUBDIVISION OF ` ORIGINALBLOCKS 1 AND 2 OF THE H VILLAGE OF MCHENRY, ON THE WEST SUBDIVISION OF PART OF THE S SOUTHEAST 1/4F SECTION TOWNSHIP 45 NORTHIRIVER, , RANGE 8, EASTDE OF FOX THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 28, 1876, IN BOOK 62 OF DEEDS, PAGE 83, IN MCHENRY COUNTY, ILLINOIS. FND 5/1 REBAR a 4 ° �/� �`QOfCrcf✓ �Sse ry s'o011261F P°T�0 6 .a 3° ° m i2ss2 T LO co0 � � � a, j434S �aterFd9e FND 5 8' REBAR A`/ r` •^H ?21g j ON LINE NW 36,23' ISOtoo POLOT 6 Inv ,Tryi / Concrete 4Co h %T'Me eW°y� _. �°r�? ry 1—Story /1 04 • 45 � Frame O15 Residence - e �. a NN o Moo oo#1620 ;N �'•??' sr yam° IKti FND 5/80 REBAR 456p/ o C rvIfy �• tV�no_ '•. _o`er.` ti SION IIr,,� 726� Q�pFec.... A(< 0*4 low * • 3�io t to C!_ 2y`fo m — MIA IMP STATE OF ILLINOIS ����0,,..''•.. ........•••••'• `��; COUNTY OF MCHENRY �rrrr /WN0`SIWW`° ES I HEREBY CERTIFY THAT THE PROPERTY DE HEREON CORRE HAS BEEN SURVEYED. UNDER MY SUPERVISION, ACCORDING TO THE OFFICIAL RECORD AND THAT THE PLAT HEREON CORRECTLY REPRESENTS SAID SURVEY, ALL DISTANCES ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF, 1 FURTHER CERTIFY THAT UNLESS OTHERWISE SHOWN, THE BUILDINGS ON THE PARCEL ARE WITHIN PROPERTY LINES AND THE ADJOINING VISIBLE IMPROVEMENTS 00 NOT ENCROACH ONTHEPROPERTY DESCRIBED HEREON. I FURTHER CFIRTIFY THAT THQQQ Pf;QF'ESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A BOUNDARY SURVEY.^ r E.T. CENSE EXPIRES: 11-30-76 C.TC.T. AME— LSE, IWN01S� p�OFESSIONAL LAND SURVEYOR N0. 35LAND SURVEYOR NO. 35-2143 COMPARE THE DESCRIPTION OF THE PLAT WITH DEED. REFER TO THE TITLE POLICY FOR ITEMS OF RECORD NOT SHOWN, NOTED UTIUTIS WITHIN EASEMENTS ARE NOT SHOWN HEREON, UNDERGROUND UTIUTIES, INCLUDING, BUT NOT LIMITED TO CONDUITS AN� CABLES (IF ANY) HAVE NOT BEEN SHOWN HEREON. VOID WITHOUT RAISED SEAL OR RED STAMPa ti Fox v NOTE: DUE TO SNOW COVERAGE SOME FEATURES MA Y NOT BE SHOWN /.. Wate�Fo' ti ,� River v v 8D ti 0' 20' 40' 60' LEGEND O Set IP • Fnd IF x Fnd "%' ® Fnd P.K. nw rat.. ® Weed O.d ® Brick LUCO CONSTRUCTION CO. PROFESSIONAL DESIGN FIRM NO, 184,004829 CLIENT NAME: 54 LOU Ave. MCANDREWS Crystal Lake, IL60014 815-526-3974 CLIENT REFERENCE: LOWREYTRUST 815-526-3984Fax FIELD WORKESURVEY DRANK BY:' PROJECT NO, COMPLETED:ETED: 03-24-155-15 15-35881 JJp 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 6, 2015 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Conditional use permit to allow a restaurant with outdoor seating and outdoor service of food and alcohol at 1406 N Riverside Drive 1. Location Maps 2. Photographs of Expansion and Completed Outdoor Seating Area 3. Unapproved Planning and Zoning Commission Minutes dated June 17, 2015 4. Ordinance approving a conditional use permit to allow a restaurant with outdoor seating and outdoor service of food and alcohol at 1406 N Riverside Drive 5. Application Packet BACKGROUND AND DESCRIPTION OF REQUEST: After the Fox Restaurant, located at 1406 N Riverside Drive, is requesting a conditional use permit to allow the expansion to their existing outdoor seating area which is directly adjacent to the Fox River. The expansion includes a 13' X 16' (208 square foot) deck. The City Council approved a temporary use permit on May 18, 2015 to permit the expansion of the outdoor seating area. Subsequently a building permit was obtained and the deck was constructed. The applicant understands the temporary use permit terminates on September 1, 2015 if a conditional use permit is not approved and the expanded outdoor seating area cannot be utilized if permanent approval is not granted. A temporary use permit was sought to allow the restaurateur to capitalize on the warm weather, and outdoor seating is a very desirable amenity for patrons particularly at restaurants. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us The proposed outdoor seating expansion at 1406 N Riverside Drive is consistent with the overall plan for the downtown area, as well as complimentary to the future expansion of the McHenry Riverwalk. The applicant is not proposing any type of outdoor entertainment. Access to the outdoor seating area is limited to boaters entering from the Fox River or patrons walking through the inside of the restaurant. Patrons cannot access the outdoor seating area from the north or south as there are existing fences and staff will include a condition ensuring access to and from the north and south is restricted in perpetuity. Staff Analysis The property is currently zoned C-4 Downtown Commercial and is surrounded by C4 zoned properties on the north, west and south sides, and the Fox River to the east. Due to the expansion of the outdoor seating area and the fact a conditional use permit was never obtained any addition, enlargement or structural alteration to an existing non -conforming use requires the property to comply with the zoning ordinance thus, in this instance, a conditional use permit is required. Staff believes the proposed use is appropriate, particularly in a downtown setting, as it will enhance the existing business and complement the future expansion of the McHenry Riverwalk. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission recommended approval (5-0) of a conditional use permit to allow a restaurant with outdoor seating and outdoor service of alcohol and any other variances required to effectuate the aforementioned request on the property located at 1406 N. Riverside Dr., McHenry, IL as presented with the following conditions: 1. Outdoor entertainment is prohibited unless an amendment to this conditional use permit or temporary use permit is sought and approved; 2. Access to the outdoor seating area shall be perpetually restricted to and from the north and south. If the City Council concurs with the Planning and Zoning Commission it is recommended the attached ordinance granting a conditional use permit to allow a restaurant with outdoor seating and outdoor service of food and alcohol at 1406 N Riverside Drive be approved with the following conditions: 1. Outdoor entertainment is prohibited unless an amendment to this conditional use permit or temporary use permit is sought and approved; 2. Access to the outdoor seating area shall be perpetually restricted to and from the north and south. 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 of Subject Property (1406 N Riverside Drive) Aerial Photograph looking at Subject Property Aoq��,!WWf�1r4Kn ":Abwr�-� View looking east from Riverside Drive at After the Fox Restaurant (Subject Property) `. qi 1 o tIt a Ir got _ _ 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 Photos of completed Outdoor Seating Expansion F _w• Y.�i� ;I�Ctt9fkl�� �` �I�IF F� l 0i a ff, 6 : , ff: f! •, f,. •.Ye . ti :r. rt-r .,v ._�s Irwvp� b Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry Planning and Zoning Commission Minutes June 17, 2015 Public Hearing: Pat Summers File No. Z-865 1406 N. Riverside Drive Conditional use permit to allow a restaurant with outdoor seating and outdoor service of alcohol and any other variances required to effectuate the aforementioned request Chairman Strach called the Public Hearing to order at 8:05p.m. regarding File No Z-865 an application for a Conditional use permit to allow a restaurant with outdoor seating and outdoor service of alcohol and any other variances required to effectuate the aforementioned request as submitted by Pat Summers for the property located at 1406 N. Riverside Drive (After the Fox). Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on June 2, 2015. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance were Pat Summers, 1406 N. Riverside, McHenry, IL, owner of the property, and Steve Freund, 1417 Charnbrook Dr., McHenry, IL, contractor, who were sworn in by Chairman Strach and provided a summary of the request before the Commission at this Hearing stating Mr. Summers wants to expand the outdoor deck seating for the restaurant for patrons to enjoy during the summer season. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is currently zoned C-4 Downtown Commercial and contains a restaurant with outdoor seating. After the Fox Restaurant, located at 1406 N Riverside Drive, is requesting a conditional use permit to allow the expansion to their existing outdoor seating area which is directly adjacent to the Fox River. The expansion includes a 13' X 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 16' (208 square foot) deck. The City Council approved a temporary use permit on May 18, 2015 to permit the expansion of the outdoor seating area. Subsequently a building permit was obtained and the deck was constructed. The applicant understands the temporary use permit terminates on September 1, 2015 if a conditional use permit is not approved and the expanded outdoor seating area cannot be utilized if permanent approval is not granted. A temporary use permit was sought to allow the restaurateur to capitalize on the warm weather as outdoor seating is a very desirable amenity for patrons particularly at restaurants. Similar temporary use permit requests have been authorized in the past followed by permanent approvals being granted, including Chain O' Lakes Brewing Company, located at 3425 Pearl Street, which was granted a temporary use permit to allow the outdoor sale of beer and food along with outdoor seating and live entertainment. Similar to the applicant of this request, the owner of Chain O' Lakes Brewing appeared before the Planning and Zoning Commission and was subsequently granted approval by the City Council to allow outdoor seating and sale of food and alcohol as well as live entertainment permanently. The proposed outdoor seating expansion at 1406 N Riverside Drive is consistent with the overall plan for the downtown area, as well as complimentary to the future expansion of the McHenry Riverwalk. The applicant is not proposing any type of outdoor entertainment. Access to the outdoor seating area is limited to boaters entering from the Fox River or patrons walking through the inside of the restaurant. Patrons cannot access the outdoor seating area from the north or south as there are existing fences, and staff will include a condition ensuring access to and from the north and south is restricted in perpetuity. The property is currently zoned C-4 Downtown Commercial and is surrounded by C-4 zoned properties on the north, west and south sides, and the Fox River to the east. Due to the expansion of the outdoor seating area and the fact a conditional use permit was never obtained, any addition, enlargement or structural alteration to an existing non -conforming use requires the property to comply with the zoning ordinance; thus in this instance, a conditional use permit is required. Staff believes the proposed use is appropriate, particularly in a downtown setting, as it will enhance the existing business and complement the future expansion of the McHenry Riverwalk. Reviewing the requirements in Table 31 of the zoning ordinance, staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the • HKART OF T"c rox n1vic -.dddft��!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 neighborhood, public service and facties or public safety and health than would any other permitted use in the C-4 zoning district. Staff recommends approval of a conditional use permit to allow a restaurant with outdoor seating and outdoor service of food and alcohol and any other variances required to effectuate the aforementioned request with the following conditions. • Outdoor entertainment is prohibited unless an amendment to this conditional use permit or temporary use permit is sought and approved; • Access to the outdoor seating area shall be perpetually restricted to and from the north and south. Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Nadeau asked what the hours of the restaurant are typically. Mr. Summers stated they are basically open at 11:00 a.m. but at 10:00 a.m. on Sundays. He further stated they typically close by midnight and are not planning on offering outside entertainment. Commissioner Bromley asked if any changes were being made to the space already utilized of if they were simply just adding a couple more tables. Mr. Summers replied they have just added two tables to the outside deck area. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 8:10p.m Motion by Nadeau, seconded by Bromley, to recommend to the City Council with regard to File No. Z-865, an application for a Conditional use permit to allow a restaurant with outdoor seating and outdoor service of alcohol and any other variances required to effectuate the aforementioned request on the property located at 1406 N. Riverside Dr., McHenry, IL as presented by applicant Pat Summers, with the following conditions: • Outdoor entertainment is prohibited unless an amendment to this conditional use permit or temporary use permit is sought and approved; • Access to the outdoor seating area shall be perpetually restricted to and from the north and south. 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 be granted, and that Table 311 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-865 at 8:12 p.m. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 15- AN ORDINANCE GRANTING CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT WITH OUTDOOR SEATING AND OUTDOOR SERVICE OF FOOD AND ALCOHOL AT 1406 N RIVERSIDE DRIVE 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 Pa Summers, 1406 N Riverside Drive McHenry, IL 60050 ("Applicant and Owner") requesting a Conditional Use Permit to allow a restaurant with outdoor seating and outdoor service of food and alcohol on the property legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on 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 a restaurant with outdoor seating and outdoor service of food and alcohol subject to the following conditions: • Outdoor entertainment is prohibited unless an amendment to this conditional use permit or temporary use permit is sought and approved; • Access to the outdoor seating area shall be perpetually restricted to and from the north and south. 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 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. 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided bylaw. PASSED THIS DAY OF . 2015 AYES: NAYS: ABSTAINED: Department of Community & Economic Development McHenry Municipal Center ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2015 MAYOR CITY CLERK 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number `GQ 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 1. Name of Applicant t Address 'l Q L City �� ,"" v 2. Name of Property Owner (If other than Applicant) Address City 3. Name of Engineer (If represented) Address City 4. Name of Attorney (If represented) Address i � t E:. 5. Common Address or Location of Property 6. Requested Actions) (check all that apply) Zonin ap Amendment (Rezoning) Conditional Use Permit Zoning Variance _Other (L State f Zip (<jL- ' State State Zip Zip Tel Fax Tel Fax Tel Tel Fax Zoning Variance —Minor Zoning Text Amendment Use Variance *Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORMA Page I of 3 7. Current Use of Property 8. Current Zoning Classification of Property, Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: �C:� 11i 1''"-i East: laP West: 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. pplication Fee (amount) $_ Narrative Description of Request 3. FORM A — Public Hearing Application FORM B — Zoning Map Amendment (Rezoning) Application —��5 • FORM C — Conditional Use Application 6. F D — Zoning Variance Application FORM E — Use Variance Application 8. Pro of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 90 lat of Survey, with Legal Description 1 ist of Owners of all Adjoining Properties 11. Public Hearing Notice 12 gn (Provided by the City, to be posted by the Applicant) X Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis 0 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 Applicants) l�rrlt Name and Designatigp of Applicants) Page 3 of 3 FORM C CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry File Number 333 South Green Street � McHenry, II, 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to, o�request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. !!L r- �-— ; _ s o R 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have heen annronriately controlled_ 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. K ark eery' � v� , /001 C •ch ik rte I� FORM C Paged of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 34> to; CAVA rap ® n ? S at i S 'frrcr 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. Oe pen err 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. ��✓ `� 1 rr7' Rr-F!!t FORM C Page 2 of 2 Dear Neighbors/Businesses. This letter is to serve as the required notification that our company will be doing construction at 1406 N Riverside Drive, McHenry, IL 60050. After the Fox LTD is in the processes of expanding the back deck 10 feet, we are asking that you have no objection during or after this process. We are aware of the inconvenience caused by our activity and apologize in advance. Rest assured that we will do everything possible to minimize the impact of our activities in your neighborhood. If you have particular concerns (scheduled deliveries, construction, accessibility needs, etc.) that must be addressed, please call at (815) 344-3760. We will do everything possible to find a mutually agreeable solution. Thank you in advance for your understanding and cooperation. Thank you, After The Fox LTD m� I have no objection of the Signatu Name of Busine business construction activities. Dear Neighbors/Businesses: This letter is to serve as the required notification that our company will be doing construction at 1406 N Riverside Drive, McHenry, IL 60050. After the Fox LTD is in the processes of expanding the back deck 10 feet, we are asking that you have no objection during or after this process. We are aware of the inconvenience caused by our activity and apologize in advance. Rest assured that we will do everything possible to minimize the impact of our activities in your neighborhood. If you have particular concerns (scheduled deliveries, construction, accessibility needs, etc.) that must be addressed, please call at (815) 344-3760. We will do everything possible to find a mutually agreeable solution. Thank you in advance for your understanding and cooperation. Thank you, After The Fox LTD I ���G w��`�!� have no objection of the requested business construction activities. Name of wry����s Address ��U'`'A�7sli2'r Phone# �� S �' 7,r y��G 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 6, 2015 Regular City Council Meeting RE: Sign variance for the property located at 4005 Kane Avenue Unit L ATT: 1. Location map 2. Proposed sign on south building elevation at 4005 Kane Avenue Unit L 3. Proposed sign on north building elevation at 4005 Kane Avenue Unit L 4. Exhibit depicting distance from Front Street to proposed sign at 4005 Kane Avenue Unit L 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 BACKGROUND: The operator of Lucky Poker, 4005 Kane Avenue Unit L, is requesting a sign variance to allow a second wall sign on the south elevation of the ReMax Plaza Shopping Center. The size of the sign is 30.37 square feet (see attached sign elevation) and mirrors the sign he will erect on the north elevation (see attached sign elevation). ReMax Plaza is a shopping center and 4005 Kane Avenue Unit L is considered an in -line tenant. The City's sign ordinance permits in -line tenants to have one wall sign per 20 feet of tenant frontage, and the total sign area of all wall signs cannot exceed 1.5 square feet of building frontage. Lucky Poker has 25 feet of tenant frontage therefore they are only permitted 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 wall sign with a maximum sign area of 37.5 square feet by ordinance. The two signs proposed on the north and south elevations at 4005 Kane Avenue Unit L equal 60.74 square feet, therefore, a variance is required to allow a second wall sign and exceed the total allowable square footage by 23.24 square feet. The sign ordinance permits multi-user outlot buildings in shopping centers to have two wall signs regardless of the amount of tenant frontage however the second wall sign must be one- half the size as the wall sign on the primary frontage and must be in substantial conformance, in terms of appearance as the sign on the primary frontage. This provision was added to the sign ordinance to allow outlot buildings within shopping centers to display a sign towards the incline retail spaces so customers within the interior of the center would be able to recognize the businesses within the outlot buildings from the interior of the shopping center. These signs do not have to be as large because people within shopping centers are driving up and down parking aisles as well as along the ring road and typically do not travel more than 15-20 mph. There is precedence for the sign variance Lucky Poker is requesting however. The Northgate West Development final plat was approved in 2002 and since that time there have been five (5) separate occasions when a request for a sign variance(s) was brought to the City Council for consideration. The minutes from the respective City Council meetings which are germane to the request at 4005 Kane Avenue Unit L are attached to this supplement. The first of these occasions was on October 13, 2003 (minutes attached). At this meeting the City Council approved the following sign variances for the Northgate West Development: • Two free-standing development entrance signs; and • A second wall sign for each tenant in the proposed commercial building on Lots 8-20 on Schaid Court, with a maximum 2' high capital letters, 1.5' high small letters: all letters to be blocked, all one color, and uniform along the rear of the building; no logos to be included. Additionally, Diamond Plaza located adjacent to the Northgate West Development received similar sign variances. On June 16 and August 4, 2008 (minutes attached) sign variances for Diamond Plaza were discussed and the following was approved by the City Council. • Two additional wall signs on the rear building facade with the conditions that each additional wall sign on the rear facade has a maximum of 2' high upper case letters, 1.5' VCR 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 high lower case letters, all to be blocked in style, one color and uniform along the rear of the building, with no logos permitted; • An additional corner unit wall sign on the north fagade, size and style in accordance with the attachment provided with the permit application; • An additional freestanding sign at the southeast corner of the subject property, allowing height and area variances as requested. ANALYSIS: Currently there is one sign on the south elevation at ReMax Plaza (pictured below). During the course of researching the request for Lucky Poker staff could not find a sign permit which had been issued for this sign. Staff is working with the property owner to rectify this situation. Existing Sign on South Elevation at 4005 Kane Avenue Unit P Attached to this supplement is an exhibit depicting the distance, approximately 198 feet, measured immediately south of the intersection of Oak Avenue and Front Street from the western pavement edge of the northbound lane to the proposed sign on the south building elevation at ReMax Plaza (4005 Kane Avenue Unit Q. The speed limit at this point is 35 miles per hour. Comparatively, the distance, measured from the point a vehicle traveling northbound on Richmond Road would initially enter the northbound to westbound left-hand turn lane to enter Northgate West Shopping Center or Diamond Plaza, to the closest point to the southwestern elevation of the North Gate West Shopping Center is approximately 309 feet (see attached photograph of southwestern elevation of North Gate West Shopping Center). The speed limit at this point is 50 miles per hour. 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 following are the sign variance standards included in the municipal code which an applicant must satisfy to justify a sign variance. Sign Variance Standards The Council shall grant such relief only by a vote of a majority of its members and only if it finds that such relief: 1) Will not be materially detrimental to the public welfare or injurious to other property in the vicinity; 2) Will not impair an adequate supply of light and air to adjacent property, increase the danger of fire, endanger public safety, or substantially impair property values in the neighborhood; 3) Shall not give the property owner or business an unfair advantage over a similar business; and 4) Will not cause a hazard to the public's safety by being distracting because of size, location, or being located within rights -of -way. Due to the speed limit (35 mph) on Front Street, distance from the roadway to the sign proposed on the south elevation, and location of the unit within ReMax Plaza Shopping Center staff believes a second wall sign on the south elevation is justified. Additionally, the sign need to be larger in area than a sign which would by typically be found on the rear of an outlot building within a shopping center for motorists to recognize and see the sign a timely manner so they will be able to react safely and access ReMax Plaza prior to reaching the intersection of Kane Avenue and Front Street. Although Lucky Poker will have a panel on the existing ReMax Plaza freestanding sign on Front Street, staff believes the second wall sign is needed for motorists to recognize the business in order to turn westbound on Kane Avenue and enter the shopping center and will improve Lucky Poker's exposure and enhance the viability of the business. If the City Council concurs it is recommended that a variance from the sign ordinance be approved to allow a second wall sign at 4005 Kane Avenue Unit L on the south building elevation, subject to the condition the total sign area shall not exceed 30.27 square feet and the sign shall be in substantial conformance with the elevation prepared by Triangle Sign and Awning Inc. and dated June 10, 2015. 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 TNCrox nlvrn;/31 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 U1 4005 Kane Avenue Unit L Act -T 94 44 AT pit �=�7isi'i� ,sue.• ,-.w Led sysL i.'.a' i� 3-+'tom, wv1+E f •. rL TWO _ I , �� L7�7iFdltwt, :A�, ii:l+lwiaY L L IvalsyHr}a I' R1AbG. %K L f.t�:iJNLil�f. � In�llFQil�gY r� Taal 30.27 sq. fL - 212m 5� 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 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 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 13I 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 facade 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 identification. 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. 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 8-20 on Schaid Court, with a maximum 2' high capital letters, 1.5' high small letters.5 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. 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 JUKE 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. 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 Staffs 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. 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. 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 EST 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 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 facade 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 facade, 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: Voting Nay; Absent: Abstain: Motion carried. Santi, Schaefer, Murgatroyd, Wimmer, Peterson. Glab. None. Condon. Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: July 6, 2015 T0: Mayor and City Council FROM: Derik Morefield, City Administrator John M. Jones, Chief of Police RE: Authorization for the Mayor's Execution of a Revised Intergovernmental Agreement for the Improvements of City Dispatch Center Services Between the City of McHenry and the McHenry Township Fire Protection District ATT: Revised IGA At the June 15, 2015 City Council Meeting, Council authorized the Mayor's execution of a new intergovernmental agreement (IGA) between the City of McHenry and the McHenry Township Fire Protection District (MTFPD) contingent upon the latter's approval of the IGA. The MTFPD Board of Trustees met on Thursday, June 18th to consider the IGA and identified the following language for inclusion/consideration: 1) Page 1— 3rd "Whereas", 3rd line —change 51LCS to 5 ILCS 2) Page 1 — 5th "Whereas", beginning 2nd line — strike "including the MTFPD" and replace with "to wit: MTFPD, Johnsburg Police Department, McCullom Lake Police Department, Marengo Fire Department, Marengo Rescue Squad and Union Fire Department. ("Existing Dispatch Service IGAs")." 3) Page 2 —Paragraph 3. New Dispatch Contract Fee Sharing • 4th line —strike "contracts" and replace with "contract" • 5th line — add ("Contract Fee Sharing Obligation") after the word "thereafter" • 71h line — strike "Agreement with the MTFPD or other governmental entities and the City" and add "IGAs" • 8th line —strike the word "obligation" and replace with "Obligation" • 9th line — add the word "Cumulative" before "Annual Program", strike the word "Fee" and replace with "Fees contributed by the MTFPD" The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. • Following the 9'" line add "Notwithstanding the above, Year one (1) shall not be Cumulative, all other Years shall be Cumulative 4) Page 3 — Paragraph 4. Obligation of the Parties — add a letter "E" that reads "Provide a full time fire/rescue dispatch position that will be maintained at the McHenry Dispatch Center 100% of the time during the term of this Agreement and as further provided in Section 5 herein." 5) Page 3 —Paragraph 9. Entire Agreement —add "and may not be changed, modified or discharged except by written amendment duly executed by the parties." at the end of the paragraph. 6) Page 3 — Add a Paragraph 12 titled No Personal Liability that reads "No Official, director, officer or employee of the MTFPD and/or the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement." In summary, this language "cleans up" the agreement and is acceptable to the City Administration. One point of clarification that the City Administration would like to identify is in regards to the language addition of the last sentence to Paragraph 3 of the agreement which reads, "Notwithstanding the above, Year one (1) shall not be Cumulative, all other Years shall be Cumulative". While not addressed in the original agreement, the MTFPD has requested the inclusion of this language as a mechanism to recoup the annual $185,000 contribution the 20% Annual Program Fee Credit through any new contracts that are enacted after the implementation of this agreement, beginning in Year 2 of the agreement. This may be better illustrated in the examples provided below. Example #1 (see table below) —Assumes the signing of $1,000,000 in new contracts through Year 4 with no additional contract being added during the remaining term of the agreement (10 year total term). In Year 1 the MTFPD would receive a 20% credit for the addition of one new $50,000 contract. Per the IGA, MTFPD contributions in Year 1 are not cumulative and so the remaining $175,000 of Year 1 contribution balance does not carry forward to future years. In Year 2 the City adds a new $600,000 contract, bringing the total amount of new contracts to $6501000. The MTFPD's contribution is $185,000 and the 20% credit amount is $130,000 ($650,000 x .20). Per the agreement, beginning in Year 2 the MTFPD contribution is cumulative for reimbursement. So, $185,000 - $130,000 leaves a Balance of $55,000 that is carried forward to Year 3 for reimbursement. To be clear, even though the City would reimburse the MTFPD $130,000 in Year 2, the City would still receive $520,000 in revenues from the new contracts in Year 2. In this example, the City adds a final new contract in Year 4, bringing the total of new contracts to $1,000,000 per year. The MTFPD would continue to receive 20% of total new contracts until such time as their cumulative contribution, beginning in Year 2, is reimbursed. As such, in Year 4 the City would realize $800,000 of the new contract revenues and the MTFPD would realize $200,000. The far right column - MTFPD Balance Due - reflects the difference in the MTFPD cumulative contributions and the amount that has been reimbursed via the 20% credit. Finally, as of Year 7, the cumulative balance due the MTFPD has been met and, as such, only the amount of the annual contribution - $185,000 - is eligible for reimbursement through the end A the agreement. Year MTFPD Annual Contribution New Contracts Total New Contracts so i City Net Revenue Amount 20% Credit MTFPD Balance Due 2 $185,000 $600,000 $650,000 $520,000 $130,000 $55,000 3 $185,000 $250,000 $900,000 $720,000 $180,000 $60,000 4 $185,000 $100,000 $1,0001000 $800,000 $200,000 $45,000 5 $185,000 -0- $1,000,000 $800,000 $200,000 $30,000 6 $185,000 -0- $1,000,000 $800,000 $200,000 $15,000 7 $185,000 -0- $11000,000 $800,000 $200,000 -0- 8 $185,000 -0- $1,000,000 $815,000 $185,000 -0- 9 $185,000 -0- $1,000,000 $815,000 $185,000 -0- 10 $185,000 -0- $1,0001000 $815,000 $1850000 -0- Totals $1,665,000 (Years 2-10) N/A N/A $4,045,000 $1,665,000 (Years 2-10) N/A As Council can see, the result of this example is the reimbursement of $1,665,000 over the 10- year period of the agreement to the MTFPD for their annual contributions. In addition, the City would realize $4,045,000 in revenues over this same period which would be applied towards annual operational costs as well as to fully expand the center's physical dispatching capabilities. Example 2 (see table below) -The example below illustrates the most improbable scenario given the direction that mandated consolidation is headed. That is, it is highly unlikely that the City would be identified as one of three (3) emergency dispatch centers in McHenry County without taking on contracts for dispatch service with other agencies. However, this illustrates the potential risk to the MTFPD if this were to occur. In summary, the MTFPD would make an annual contribution amount of $185,000 per year for the 10-year term of the contract - for a total contribution of $1,850,000 - with no reimbursement for this investment being provided since no new dispatch contracts are being added. Even if new contracts were added in Years 9 and 10, the MTFPD would only be eligible for 20% of the total new contract amounts for this period. The City is not obligated to provide the MTFPD with reimbursement beyond the 10- year scope of this agreement. Additionally, the City would still be responsible for all other operational costs associated with the dispatch center with no additional revenues being generated. Year 2 MTFPD Annual Contribution $185,000 New Contracts -0- Total New Contracts -0- 80 City Net Revenue Amount -0- 20% Credit -0- MTFPD Balance Due $185,000 3 $185,000 -0- -0- -0- -0- $370,000 4 $185,000 -0- -0- -0- -0- $555,000 5 $185,000 -0- -0- -0- -0- $740,000 6 $185,000 -0- -0- -0- -0- $925,000 7 $185,000 -0- -0- -0- -0- $1,110,000 8 $185,000 -0- -0- -0- -0- $1,295,000 9 $185,000 -0- -0- -0- -0- $1,480,000 10 $185,000 -0- -0- -0- -0- $1,665,000 Totals $1,850,000 N/A N/A -0- -0- N/A In conclusion, the City Administration has reviewed this language and concurs with the scope for inclusion in the IGA. In short, the partnership created through the execution and implementation of this IGA with the MTFPD is an important proactive step towards ensuring that McHenry is in the best possible position to continue to offer dispatch services beyond the mandated consolidation legislation. Based on these recommended changes, the MTFPD Board of Trustee has already approved the execution of this revised agreement subject to adoption by the McHenry City Council. Therefore, if Council concurs, then it is recommended that a motion be considered to authorize the Mayor to execute this revised intergovernmental agreement, as attached, between the City of McHenry and the McHenry Township Fire Protection District. INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENTS OF CITY DISPATCH CENTER SERVICES BETWEEN THE CITY OF MCHENRY AND THE MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT This Agreement ("Agreement") is entered into on the dates referenced below, by and between the City of McHenry ("City" or "McHenry") and the McHenry Township Fire Protection District ("MTFPD"), collectively ("Parties"). 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 has approved execution of this Agreement by ordinance pursuant to the City's home rule powers and functions as granted in the Constitution of the State of Illinois and the City has waived any appropriation restriction which may relate to this Agreement; WHEREAS, the MTFPD is an Illinois fire protection district and local government organized and existing under the laws of the State of Illinois; WHEREAS, the Parties are authorized and empowered to contract with one another pursuant to the provisions of the Constitution of the State of Illinois of 1970, Article VII, Section 10, and Section 3 of the "Intergovernmental Cooperation Act" (5 ILCS 220/3); WHEREAS, the City currently operates a Police and Fire Dispatch center consisting of nine (9) full time dispatchers, none of which have full time designated person with primary responsibility for firefighter/EMS dispatching; WHEREAS, the City currently has dispatch service agreements for six (6) other local governments, to wit: MTFPD, Johnsburg Police Department, McCullom Lake Police Department, Marengo Fire Department, Marengo Rescue Squad and Union Fire Department. ("Existing Dispatch Service IGAs"). WHEREAS, the Parties are presently parties to an intergovernmental agreement to provide for firefighter and EMS dispatch services ("Existing Dispatch Service Agreement") and nothing in this Agreement shall be construed to amend, cancel or otherwise affect any terms of the Existing Dispatch Service Agreement; WHEREAS, the Parties have determined through their respective governing bodies that it is in their respective best interests to enter into this Agreement to jointly develop a program to effectively deal with anticipated growth and provide for a full time designated dispatcher to handle firefighter/EMS dispatching needs: NOW THEREFORE in consideration of the premises and other mutual and valuable consideration, the receipt and sufficiency whereof is herewith acknowledged, the parties hereto agree as follows: 1. Purpose of Agreement. This Agreement is intended to fulfill the following needs of both Parties: A. Preparation for future population growth; B. Improvement of the overall efficiency and effectiveness of police and fire dispatch operations for the area serviced by the City Dispatch Center, including the establishment of a fulltime designated dispatcher to handle firefighter/EMS dispatching needs; C. Maintain long term stability of the McHenry Dispatch Center. 2. Contribution by the MTFPD. During the term of this Agreement, the MTFPD shall pay to McHenry, an annual fee of $185,000 ("Annual Program Fee"), which fee shall be in addition to any fee(s) due with regard to the Existing Dispatch Service Agreement. This Annual Program Fee will be increased based on the consumer price index ("CPI"). The CPI adjustment shall be calculated using the annual average change as published by the United States Department of Labor's Bureau of Labor Statistics, All Items Consumer Price Index for Urban Consumers for Chicago, Illinois. The Annual Program Fee shall be paid in single annual installments during the month of May each year, except for year one (1) of this Agreement, which will be paid in July 2015, 3. New Dispatch Contract Fee Sharing. The Parties agree to share future new dispatch contract fees in order to help reduce the Annual Program Fee obligation of the MTFPD. During the term of this Agreement, the City shall annually provide a credit to the MTFPD Annual Program Fee equal to twenty percent (20%) of all new dispatch contract amounts payable to the City, including each renewal year thereafter ("Contract Fee Sharing Obligation"). Provided, however, this credit shall not include renewal of the Existing Dispatch Service IGAs and at no time shall the Contract Fee Sharing Obligation of the City exceed the Cumulative Annual Program Fees contributed by MTFPD. Notwithstanding the above, Year one (1) shall not be Cumulative, all other Years shall be Cumulative. 4. Obligation of the Parties. The Parties shall: A. Develop an administrative oversight structure ("Oversight Structure") that provides for an equal and collaborative discussion of implementation of the needs referenced above between the City and the MTFPD; B. Develop Program policies and procedures that: 1. Define best operational practices; 2. Provide for oversight of the hiring process of new employees including new membership selection and structure; and 3. Provide direction on expansion and growth of the physical dispatch center. C. The Oversight Structure will consist of and be equally voted upon by the City Police Chief and the MTFPD Chief, or their respective designees ("Oversight Structure Members"). D. In the event of a tie or disagreement by the Oversight Structure Members the City and MTFPD shall each appoint an ad hoc committee of their respective Council and Board to resolve the disagreement or tie vote. E. Provide a full time fire/rescue dispatch position that will be maintained at the McHenry Dispatch Center 100% of the time during the term of this Agreement and as further provided in Section 5 herein. 5. Action by the City. The City is authorized to take the following action with specific direction by the Oversight Structure Members: A. Hire three (3) additional McHenry Dispatch Center dispatchers to allow for future population growth and a designated fulltime fire/rescue dispatch position within the McHenry Dispatch Center. B. Maintain a minimum of twelve (12) full time dispatcher positions. With the current twelve (12) hour work schedule, this will provide for daily staffing of three (3) telecommunicators, prior to benefit time. 6. Employee Control. MTFPD employees and supervising personnel have no control or responsibility over the City Dispatch Center employees and City dispatchers and on -duty supervisory personnel have no control or responsibility over MTFPD firefighters or EMS personnel. 7. Term of Agreement. This Agreement shall commence upon full execution by the Parties and may be terminated, for any reason or no reason at all, upon a minimum of one (1) year's written notice to the non -terminating party. 8. No Agency Created. Only an independent contractor relationship between the Parties hereto is created by this Agreement and neither party shall constitute an authorized agent of the other. 9. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and no other person or entity shall be deemed to be a beneficiary of this Agreement. This Agreement is separate from all other intergovernmental agreements between McHenry and the MTFPD, and may not be changed, modified or discharged except by written amendment duly executed by the parties. 10. Assignment Prohibited. No party hereto shall assign this Agreement or the rights and duties hereunder. 11. Notices. All notices given or required under this Agreement shall be in writing and 3 sent by certified mail to City Administrator or the MTFPD Fire Chief, respectively. 12. No Personal Liability. No Official, director, officer, agent or employee of the MTFPD and/or City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. Dated this day of July, 2015. McHenry Township Fire Protection District By Board President Z:\M\McHenryCityoflIntergovAgmt.McHFire. docx 0 City of McHenry By. 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 AGENDA SUPPLEMENT TO: Mayor and City Council FOR: July 6, 2015 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Consideration of an amendment to the Intergovernmental Agreement between the Village of McCullom Lake and the City of McHenry regarding Jurisdictional Boundaries and Facilities Planning Areas ATT: 1. Letter from Jeremy Shaw dated June 9, 2015 2. Location Map Depicting Proposed Amendment to Boundary Agreement 3. City Council Minutes dated March 18, 2002 4. Photographs of Surrounding Area 5. Village of McCullom Lake Zoning and Land Use Map and City of McHenry Future Land Use Map Depicting Proposed Amendment Area 6. City of McHenry Zoning Map Depicting Proposed Amendment Area 7. Approved Intergovernmental Agreement between the Village of McCullom Lake and the City of McHenry Regarding Jurisdictional Boundaries and Facilities Planning Areas 8. Letter to Douglas Martin from Alan Stefaniak dated November 17, 2014 9. Draft Annexation Agreement between the Village of McCullom Lake and Polish National Union District No. 6 Camp dated September 11, 2014 BACKGOUND: The City of McHenry has boundary agreements with five adjacent municipalities: Bull Valley, McCullom Lake, Johnsburg, Ringwood and Prairie Grove. The primary purpose of a boundary agreement is to address areas in close proximity to multiple governmental jurisdictions and specify if a developer or property owner wishes to develop and annex land within those areas which municipality the land must be annexed to. Boundary agreements are a land use planning tool which addresses the issue of a developer going to multiple governmental jurisdictions to determine which one might be more advantageous to annex to because of density/zoning designations. Most boundary agreements also include pockets of land or specific parcels which, due to their relative proximity to multiple municipal jurisdictions, could reasonably annex to one or the other and language is often 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 included within the boundary agreement which allows the property owners) the option of annexing to one municipality or the other (see attached location map pertaining to "neutral areas" in boundary agreement with the Village of McCullom Lake). Finally boundary agreements permit a municipality to accurately develop along -term plan for public utility extensions, sewer and water, and the boundaries defined within the agreement often coincide with a municipality's facilities planning area (FPA) boundaries. These boundaries specify and define the geographic limits where a municipality can extend water and sewer utilities. In 2002 the City Council (meeting minutes attached) approved a boundary agreement with the Village of McCullom Lake which has a 20-year term (agreement attached). Staff was recently contacted by the Village of McCullom Lake (see attached letter from Village Attorney Jeremy Shaw) requesting an amendment to the existing boundary agreement to allow the property at the southeast corner of Flanders and Ringwood Roads, consisting of approximately 22 acres (see attached location map and photographs of surrounding area), to be annexed to the Village of McCullom Lake. Currently, this 22-acre parcel is unincorporated but the existing boundary agreement only permits this area to be annexed to the City of McHenry. The proposed amendment to the existing boundary agreement sought by the Village of McCullom Lake would allow the 22-acre tract of land in question to be annexed to the Village of McCullom Lake and marketed for commercial and residential development, with a portion allowing a density of up to 18 dwelling units/gross acre. ANALYSIS: The Village of McCullom Lake was working with the property owner of the 22-acre tI act of land to allow the property to be annexed to the Village of McCullom Lake and zoned for business and residential uses, including a residential zoning classification permitting a density of 18 dwelling units/gross acre (see attached draft annexation agreement dated September 11, 2014). Staff received a letter from Alan Stefaniak, attorney representing the property owner of the 22- acre tract dated November 17, 2014, seeking the City of McHenry's interest in annexing this parcel after he learned of the existing boundary agreement. Staff informed Mr. Stefaniak the proposed land uses, zoning classifications and densities, outlined in the aforementioned draft annexation agreement, were not consistent with the City of McHenry's comprehensive plan, which designates the 22-acre property medium -density residential (4-9 dwelling units/gross acre) as outlined in the City's comprehensive plan (see attached comprehensive plan map). Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us The 22-acre property is immediately east of the Martin Woods Subdivision, which is zoned RS-1 (see attached zoning map excerpt). The RS4 zoning classification is low -density single-family residential with a minimum lot size of 30,000 square feet which equates to .69 dwelling units/gross acre and the proposed amendment to the boundary agreement could have an adverse land use impact if approved. Staff is not recommending that the existing boundary agreement be modified. Based on the information provided, a motion to approve or deny an amendment to the existing boundary agreement with the Village of McCullom Lake to allow the annexation of an approximately 22-acre parcel, located at the southeast corner of McCullom Lake Road and Flanders Road, to the Village of McCullom Lake is appropriate. ?RIME JL Aa GROUP 747 S. Eastwood Drive (Itt.47). Woodstock, Illinois 60098 Office (815) 338-2040 = Fax (815) 338-0526 !eremy W. Shata jsl2aw� prlmelawgroup.com June 9, 2015 David McArdle, Esq. Zukowski, Rogers, Floor & McArdle 50 N. Virginia Street Crystal Lake, IL 60014 Re: McCullom Lake/McHenry Boundary Agreement Dear Mr. McArdle, I write on behalf of the Village of McCullom Lake. As has been previously discussed, the Village of McCullom Labe recently entertained a petition for annexation/zoning for property lying southeast of the intersection of Flanders and Ringwood Roads, which was rendered moot by the existence of the Boundary Agreement by and between the Village and the City. As you know, the Baundary Agreement currently prevents the Village from annexing property south of Flanders Road. The parcels in question lie directly south of Flanders and are contiguous to the Village by virtue of the contiguity to an annexed parcel lying northeast of Flanders and Ringwood Roads. The City is not contiguous to any of the parcels in question. The Village has fimifed room to grow,. as it is nearly land -locked by the City and Johnsburg. There are even fewer opportunities available to the Village to add commercial development and give a much needed boost to the sales tax base. The Village..believes that if the development of the property were to move forward, it would be a:benefit tg.both the City and the Village as it draws positive attention to the area and can.;f irthi�r: catalyze;.additional development on both the east and west sides of Ringwood Road. Please let this letter serve as a formal request to modifyAf Village would greatly appreciate the consideration of the Alderniai• of the Boundary Agreement and allow the Village to annex tlea� of Flanders Road. primetawgroup.corrc ............................_...................................................�� Page 2 June 9, 2015 iVICArdle Letter Thank you in advance for your time and the careful consideration of this request by the City Council. If there are any questions regarding the territory or our request, please do not hesitate to contact me. Respectfully, PRISE LAW CROUP, LLC J !emy Hasur oa rno aox WHITE40AKUWE_� I -� _-- TOMLINSON 8. COURT zAgreement 1 iIIIII . � i i�} t II I F _T X FI ANf1F2.IROAD rc� OI Q u'. Proposed Boundary Agreement Amendment Area P U I- Z fL 2 IT ' ra HILLSIOEll RIVE S Iw t i 3 uE 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 MARCH 18I 2002 BOUNDARY AGREEMENT BETWEEN THE CITY OF MCHENRY AND THE VILLAGE OF MCCULLUM LAKE Mayor Althoff informed Council the Village of McCullom Lake trustees approved the proposed Boundary Agreement at their village meeting held on March 12, 2002. She noted the last revised proposed boundary map was distributed to the Council on October 11, 2001. At that time the north end of the Voss Property was inadvertently omitted from the McCullom Lake boundary area. The oversight has been corrected. In response to an inquiry, Mayor Althoff stated the City makes no representation to provide sanitary sewer services during annexation discussions. Following a lengthy discussion regarding ownership of the lakebed of McCullom Lake, Director Merkel stated a portion of the lakebed is owned by the Village of McCullom Lake and a portion is owned by individual lakeside property owners, as determined by a lake study performed in 1995. Motion by Bolger, seconded by Low, to approve and authorize the Mayor and City Clerk's execution of a Boundary Agreement between the City of McHenry and the Village of McCullom Lake. Voting Aye: Bolger, Glab, Low, Wimmer. Voting Nay: Murgatroyd. Absent: None. Motion carried. 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 Photographs of Surrounding Area View looking east along Flanders Road (Subject Property at southeast corner of Ringwood and Flanders Road) View looking west along Flanders Road (Subject Property at southeast corner of Ringwood and Flanders Road) 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 Village of McCullom Lake Zoning and Land Use Map 1 II(i VILLAGE OF MCCULLOM LAKE, ILLINOIS ZONING AND LAND USE HI:6LEHmL RA RESWEHM" lk x REWDENTAL YULM FA WLY I'OWHNOVk COWRERCIAL L INDUSTRIAL — WSTITUtIGHAL _ RA"S - slcrcLE RanlrE VLL.UOEBWNOARY BTAT ON vKUOE BOUNDARY UOIIUSYURO vrtGC DOUNOARY City of McHenry Future Land Use Map Martin Woods Subdivision DRIVE � c� HIONLAND DRIVE T HILLSIDE Og�'ryE' — _... LIJJ_C Ofl CHAROWAY DHIVE..I� r'� ... ..... I- So EUCLID DRIVE. .... -- - -1 $WEENY PARK Area in Question Qamw� g BE�cN9VENUE t2o k PULA CAD s DRIVE, M C a:�mr�.�mm TNTERGOVERNMENTALAGREEMENT BETWEEN THE VILLAGE OF McCULLOM LAKE AND THE CITY OF MCHENRY REGARDING JURISDICTIONAL BOUNDARIES AND FACILITIES PLANNING AREAS THIS AGREBMENT is •entered into this 18 day of arch, 2002, by and behveen the Village of McCullom Lake ("McCullom Lake") and the City of McHenry ("McHenry"), both in McHenry County, State of Illinois, and both being Illinois Municipal Corporations, WHEREAS, McCullom Lake and McHenry desire to execute this Intergoverlunental Agreement because both find that it is in their mutual interests to agree to certain jurisdictional boundaries referenced herein for both plamiuig and annexation purposes; and . WHEREAS, jurisdictional boundary agreements are authorized by Section 11-12-9 of the Illinois Municipal Code (65 ILCS 5/1142-9). NOW, THEREFORE, iq consideration of the muhtal promises contained herein and other good and' valuable consideration, the sufficiency and adequacy of which is hereby acknowledged as being received, McCullom Lake and McHenry agree as follows: 1. The area as designated ou the attached Exhib}t A `shall be included in the corporate jurisdiction of MCCltllom Lake. The area as designated on the attached Exhibit A shall be included in the corporate jurisdiction of McHenry. With regard to the area as designated "neutral area," on the attached Exhibit A shall be annexed to e}Hier the Village or City, depending upon the property owners) desire in the future. Neither party shall annex property lying within the corporate jurisdictional boundary of the other. Neither party shall object to the annexation, planning or zoning of property within the jurisdictional boundary of the other. 2. This Agreement shall inure to the benefit of and be binding upon the patties and their respective representatives, successors and assigns. 3. This Agreement shall remain in full force and affect for a period of twenty (20) years from the date of its execution, unless amended by written agrearnent of McCullom Lalte and McHenry. 4. If any section, paragraph, clause, sentence, or provision of this Agreement shall be determined by any court of competent jurisdiction to ba invalid, such judgement shall not affect, inpait• or invalidate the remainder thereof, which remainder shall remain and continue in full force and effect. Attest: Vil age Clerk 4. Attest: VILLAGE OF McCULLOM LAKE Village esident Mayor McHENRY 05�21-7599 BOUNDARY AGREEMENT FOR THE CITY OF MCHENRY, ILLINOIS, AND THE VILLAGE OF MCCULLOM LAKE, ILLINOIS THAT PART OF SECTIONS 21, 16,15 AND 22 OF TOWNSHIP 45 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF AFORESAID SECTION 21; THENCE NORTHERLY ALONG THE 'VEST LINE OF SAID NORTHEAST QUARTER TO TEE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 16 OF AFORESAID TOWNSHIP 45 NORTH; THENCE CONTINUING NORTHERLY ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER TO THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE EASTERLY ALONG SAID NORTH LINE TO THE WEST LINE OF LOT 4 OF THE WEST HALF OF SECTION 15 OF AFORESAID TOWNSHIP 45 NORTH; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 4 TO THE NORTH LINE OF SAID LOT 4; THENC EASTERLY ALONG SAID NORTH LINE TO THE CENTERLINE OF THE UNION PACIFIC RAILROAD; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE TO THE SOUTH LINE OF AFORESAIDSECTION 15; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE WESTERLY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE EASTERLY MOST CORNER OF LANDS DESCRIBED IN DEED PER DOCUMENT NUMBER 91R007124; THENCE SOUTH 73 DEGREES 12 MINUTES 41 SECONDS SOUTHWEST ALONG A SOUTHERLY LINE OF SAID LANDS A DISTANCE OF 20.00 FEET; THENCE NORTH 16 DEGREES 47 MINUTES 27 SECONDS WEST ALONG A SOUTHERLY LINE OF SAID LANDS A DISTANCE OF 720.75 FEET; THENCE NORTH 66 DEGREES 04 MJINUTES 05 SECONDS SOUTHWEST ALONG A SOUTHERLY LINE OF SAID LANDS A DISTANCE OF 743.16 FEET; THENCE SOUTH 02 DEGREES 46 MINUTES 17 SECONDS SOUTHWEST ALONG AN EASTERLY LINE OF SAID LANDS A DISTANCE OF 1285.67 FEET TO THE CENTERLINE OF MCCULLOM LAKE ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE TO THE EAST LINE EXTENDED OF LAKE SHORE DRIVE; THENCE SOUTHWESTERLY ALONG SAID EAST LINE TO THE NORTHERNMOST CORNER OF LOT 13 OF MCCULLOM LAKE ESTATES SUBDIVISION RECORDED A DOCUMENT NUMBER 87R009100; THENCE SOUTHEASTERLY ALONG THE EAST LINE OF SAID LOT 13 TO THE SOUTH LINE OF SAID LOT 13; THENCE SOUTHWESTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 22 OF AFORESAID TOWNSHIP 45 NORTH; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER TO THE SOUTHWEST CORNER OF SAID NORTHWEST V4,s THENCE CONTINUING WESTERLY ALONG THE SOUTH LINE OF AFORESAID NORTHEAST QUARTER OF SECTION 21 TO THE POINT OF BEGINNING; EXCEPTING THEREFROM PARCEL 1, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AFORESAID SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF AFORESAID SECTION 21; THENCE NORTHERLY LONG THE WEST LINE OF SAID NORTHEAST QUARTER TO THE NORTH LINE EXTENDED OF A PROPERTY HAVING THE PROPERTY INDEX NUMBER OF 09-21-251=003 A.KA. DOCUMENT NUMBER 97R003398; THENCE EASTERLY ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF A PROPERTY HAVING THE PROPERTY INDEX NUMBER OF 09-21-27&018 A.K.A. DOCUMENT NUMBER 5681069 THENCE SOUTHERLY ALONG THE EAST LINE OF SAID PROPERTY TO THE NORTHWEST CORNER OF A PROPERTY HAVING THE PROPERTY INDEX NUMBER 09-21-27&019 A.KA. DOCUMENT NUMBER 582373; THENCE EASTERLY ALONG THE NORTH LINE OF SAID PROPERTY TO THE EAST LINE OF SAID PROPERTY; THEN SOUTHERLY ALONG SAID BAST LINE TO THE SOUTH LINE OF AFORESAID SECTION 21; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING, THE ABOVE DESCRIBED PARCEL HAVING THE FOLLOWING PROPERTY INDEX NUMBERS: 09-21-25I-003 A.K.A. DOCUMENT NUMBER 97R003398 09 21-251-005 A.K.A. DOCUMENT NUMBER 97R003398 0941-251407 A.K.A. DOCUMENT NUMBER 97RO27427 09-21-25Jm008 A.K.A. DOCUMENT NUMBER 96RO23627 09-21478-020 A.K.A. DOCUMENT NUMBER 1999R0043879 09 21-278-021 A.K.A. DOCUMENT NUMBER 1999R0043881 09-21-27&018 A.K.A. DOCUMENT NUMBER 568106 09.21-278-019 A.K.A. DOCUMENT NUMBER 582373 ALL IN MCHENRY COUNTY, II.LINOIS, PARCEL 1 SHALL BE CONSIDERED NEUTRAL AREA, AND CAN BE ANNEXBD BY THE CITY OF MCHENRY, ILLINOIS, OR THE VILLAGE OF MCCULLOM LAKE, II.LINOIS. Revised 4/22105 05-2{-7600 005 003 ! CITY OF McNENRYMLLAGE OF MCCULLOM LAME PROPOSED JURISDICTIONAL BOUNDARIES A- LECENQ o .on nao �;on vwo �/• Basicr & woodman. ® clv� t.K mr..r. au..r� +� wr mmnar r m+ r+a+�raare e.o.n rw.r. xrserr o+s'M�• w�rr.. ns..r �wr+m�ui EUGENE A. DI 610NTE CHESTER A LIZAK ALAN L. STEFANIAK RICCARDO A DI MONTE DAVID T ARENA PATRICK 0, OWENS ABRAHAFh E. BRUSTEIN DENNIS S. NUDO LEE T. POTERACKI JOHN E OWENS DENIS J. OWENS JAMES J. RIEBANDT MARGHER(TA M. ALBARELLO ROBERT S. CLEMENTI 1925 - 2004 LINSCOTTR. HANSON 1937-2013 Mr. Doug Martin Deputy City Administrator City of McHenry 333 South Green Street IVIcHenty, IL 60050 DI MONTE &LIZAK, LLC RICHARD W. LAUBENSTEIN ATTORNEYS AT LAW JEFFREY S. MC DONALD 216 West Higgins Road PAUL A. GRECO JULIA JENSEN SMOLKA Park Ridge, Illinois 6006M736 IRA P. GOLDBERG (847) 698.9600 DEREK D. SAMZ FAX (847) 69M624 ADAM J. POTERACKV RYAN R. VAN OSDOL astefaniak(Mdimontelaw.com JORDAN A. FINFER PETER M. FOLLENWEIDER JONATHAN D. MORTON THOMAS M. LOMBARDO 'ALSO LICENSED IN WI WRITER'S EXT, 211 November 17, 20:14 Re: Polish National Union. District Number 6 Camp Property at Ringwood and Flanders Roads Dear Mr. Martin; This letter is in fiu-therance of our telephone conversation of Friday, November 14, 2014 in which we discussed our client's property which is located east of Ringwood Road and south of Flanders Road in unincorporated McHenry County. Pursuant to the invitation ofthe Village of McCttllom .Lake, we were pursuing. on behalf of our client annexation of approximately 22 acres to the Village of MCCtrllotn Lake and zoning for both commercial and multiple family residence purposes. We were just recently advised by the zJillage of McCulle)m Lake That there exists a Boundary Agreement between McCulloni Lake and fhe City of McHenry which requires that our client's property if annexed to any municipality would have to be annexed to the City of McHemy. Pursuant to our telephone discussion, I am submitting to you a draft Annexation Agreement that was submitted to the Village of McCtrllom Lake that lays out the zoning :requests that were being made. In particular, I draw your attention to the provisions of paragraph 4 and Exhibit "B" that is attached to the draft Annexation Agreement. As we discussed, upon your receipt of this Ietter and review of the draft Annexation Agreement you will advise as to whether or not the City of McHenry has any interest in annexing and zoning our client's property. As I advised you, it is our client's intent to market the property for sale and it does not have any intention to develop the property itself for commercial and/or multiple fancily residential purposes. Mr. Doug Martin Deputy City Administrator City of McHenry November 17, 2014 Page 2 Upon your receipt of this letter and review of the enclosed, should you have questions, please do not hesitate to contact me. We look forward to the City of McHenry's response to our inquiry regarding annexation to the City of McHenry and obtaining zoning that would be satisfactory to all concerned. Sincerely yours, Alan. L. Stefaniak ALS:mnr Enclosures cc.; Martin Wachna, Jr. Julia Jensen Smolka, Esq. C:1F,tyFtesV+lSPoSshNa`'ona�Unonashictho.6Camp111171dLbia Dougfdartn.wpd DRAFT: 09 11 14 ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this day of , 20145 by and between the Village %J M% Cka Um Lake, an Illinois municipal corporation, located in McHeruy County, Illinois (hereinafter referred to as the "Village") by its President and the members of its Board of Trustees, as the corporate authorities of said Village and Polish National Union District No. 6 Camp, an Illinois corporation (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, Owner is the record title holder of certain real estate comprising approximately 22 acres, located in McHemy County, Illinois legally described in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Subject Properly") and which is adjacent and contiguous to the corporate boundaries of the Village, and �VHEREAS, the Owner desires to have the Subject Property annexed to the Village in accordance with the provisions in Article VII of the Illinois Municipal Code (65 ILCS 5/7-1-1 et. seq.) and pursuant to the terms and conditions hereinafter set forth, and WHEREAS, the Village after due and careful consideration has determined that the annexation of the Subject Property to the Village on the terms and conditions hereinafter set forth would fiirther the growth of the Village, be in accordance with the Village's Comprehensive Plan, enable the Village to permit and control the sound plaiming and development of the area and subseive the best interest of the Village, and WHEREAS, pursuant to the provisions of Section 11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et.seq.) a proposed Annexation Agreement in substance and inform the same as this Agreement was submitted to the Village and a public hearing before the President and DRAFT: 09 11 14 the Board of Trustees was held thereon pursuant to notice, as provided by Statute, and WHEREAS, pursuant to notice as required by Statute and Ordinance, the appropriate corporate authorities held a public hearing on this Annexation Agreement, and the requested zoning classifications of the Subject Property as R-6 Multiple Family Residence District and B-2 Central Business Dishict and its development under this Annexation Agreement and the conditions set forth herein, and the appropriate recommendations were made by the corporate authorities. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, IT IS HEREBY AGREED AS FOLLOWS: 1. This Annexation Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1 et seq., ofthe Illinois Municipal Code (65 ILCS 5/11-15.1-1 et seq.) 2. Owner has filed with the Village Clerk a proper Petition conditioned upon the.terms and provisions of this Agreement to amiex the Subject Property to the Village. 3. The Village, immediately upon the execution of this Agreement shall enact without further hearing an ordinance annexing the Subject Property to the Village and shall receive from the Owner an accurate map of the property to be annexed and the Village shall thereafter record and file a certified copy of said ordinance and the aforesaid map with the Recorder of Deeds of McHenry County, Illinois and the County Clerk. 4. Immediately after the passage of the ordinance annexing the Subject Property, the Village, without further hearing, shall adopt an ordinance establishing the following zoning district classifications of the Subject Property: a) B-2 for five (5) acres of Parcel 1 of the Subject Property located at the southeast 2 DRAFT: 09 11 14 corner of Flanders Road and Ringwood Road. b) R-6 for the remaining portion of Parcel 1 of the Subject Property which consists of approximately 6.79 acres. c) R-6 for that portion of Parcel 2 of the Subject Property forming the southwest corner of Flanders Road and Spojina Road consistuig of approximately 1.4 acres. d) B-2 for five (5) acres at the southeast corner of Flanders Road and Spojina Road which is the remaining portion of Parcel 2 of the Subject Property and part of Parcel 3 of the Subject Property. e) R-6 for the renaining portion of Parcel 3 of the Subject Property which consists of approximately 7.2 acres. The aforesaid zoning chassifiications of the Subject Property are depicted on Exhibit "B" attached hereto. Prior to the Village adopting the ordinance granting the aforesaid zoning district classifications, Owner shall provide to the Village accurate legal descriptions for each parcel being zoned R-6 and B-2. At the time those portions of the Subject Property zoned R-6 are developed, the allowable density shall be eighteen (18} units per gross acre. 5. (a) The Village represents that a municipal sanitary sewer having adequate and sufficient capacity and of adequate size to serve the Subject Property in accordance with the uses thereof permitted by the Village's Zoning Districts as set forth in paragraph 4 hereof and the agreed upon density and all of the other terms and provisions of this Agreement is located at Flanders Road and Spring Road and all easements necessary for comiection thereto are available. The connection onto the aforesaid municipal DRAFT: 09 11 14 sanitary sewer shall be at such location as is convenient, advisable and proper from an engineering standpoint and may be made at the time of development of the Subject Property or a part thereof. (b) The Village agrees that the fees to be charged by the Village for Sanitary Se4ver tap ons are those provided for by the applicable Village Ordinances in force as of the date of this Agreement and that. no increases in said fees after the execution of this Agreement shall be applicable to the Subject Property. (c) The Village represents that in regard to the aforesaid municipal sanitary sewer that there are no existing recapture agreements to which the Subject Property is subject• (d) It is recognized that the extension of the aforesaid municipal sanitary sewer and the possible construction of a storm water sewer, detention facility, roadways, installation of traffic signals, and other traffic related improvements (hereinafter collectively referred to as the "Improvements") for development of the Subject Property may benefit the owner or owners of other property. Therefore the Village agrees to enter into a separate agreement or agreements with the eventual developer or developers of the Subject Praperry, the terms of which are to be acceptable to the Village and which shall provide for reimbursement from a benefitted property owner for construction of the Improvements; designate the property that shall be considered benefitted property; designate the manner for calculating any benefitted property owners reimbursement; provide that the benefitted property owners reimbursement shall include interest thereon from the dates that improvements have been accepted by the Village until connection thereto or use thereof is sought at a rate to be agreed G! DRABT: 09 11 14 upon and provide that the Village will not permit a benefitted property owner to connect onto or utilize the improvements without first making reimbursement. 6. The Village agrees that no annexation fees shall be assessed with regard to the annexation of the Subject Property. The Village ftirther agrees and represents that there are no developer contributions or impact fees applicable to development of the Subject Property. In addition, the Village agrees that any impact fees and/or developer contributions enacted by firture Village Ordinances shall not be applicable to the Subject Property for the term of this Agreement. 7. The Village agrees that all administrative; engineering and attorneys fees incurred by the Village in considering this Annexation Agreement and the Ordinances to be inacted hereunder shall be borne by the Village. 8. The terms and provisions of this Agreement shall supercede all Village Ordinances, Codes and Regulations that are in conflict herewith as they may apply to the Subject Property. However where this Agreement is silent the Village Ordinances shall apply and control provided, hotivever, the amendment of any existing Ordinance of the Village shall not after the date of execution hereof, be effective against the Subject Property during the term of this Agreement; provided however that if any such amendment shall be less restrictive than the existing law, Owner may elect to be bound by the provisions of such amendment as it may affect the Subject Property. 9. Nothing herein contained shall be construed to restrict or limit the right of the Owner to sell, convey or lease all or any portion of the Subject Property either before or after the same shall be improved. In addition, nothing herein contained shall be construed to restrict or limit the right. of the Owner to use the Subject Property as it has been used prior to the execution of this Agreement. 10. This Agreement shall be enforceable only in a Court of competent jurisdiction by any 5 DRAFT: 09 11 14 oI the parties hereto by an appropriate action at law or in equity to secure the performance of the covenants and agreements herein contained or have such other relief for the breach hereof as may be authorized by law or which by law or in equity is available to them. l 1. If any provision of this Agreement is held to be invalid by airy Court of competent jurisdiction, such provision shall be deemed to be excised herefi•om and the invalidity thereof shall not affect any of the other provisions herein contained. It is understood and agreed by and between the parties hereto that the consideration for this Agreement is the firm establishment for the term hereof of the respective rights, obligations and powers of the parties hereto. 12. This Agreement shall be binding upon the parties hereto and their respective successors and assigns for a full term of twenty (20) years commencing as of the date hereof as provided by statute and for such further term as may hereafter be authorized bylaw. 13. In addition to those specifically set forth herein, the Village agrees to enact any and all other orduiances and resolutions as are or may be necessary to effect the terms of this Agreement. 14. Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail, return receipt requested to the following addressees until Notice of Change of Address is given and shall be deemed received as of the third (3rd) day following deposit in the U.S. Mail: Tf the Ocvner: Polish National. Union District No. 6 Camp Martin H. Waclvia, Jr., President 920 N. Northwest Highway Park Ridge, IL 60068 Copy to: Alan L. Stefaniak, Esq. Ju}ia Jensen Smolka, Esq. Di Monte & Lizak, LLC 216 W. Higgins Road Park Ridge, IL 60068 DRAFT: 09 11 14 If the Village: Village Clerk Village of McCullom Lake 4811 W. Orchard Drive McCullom Lake, IL 60050 Copy to: Prime Law Group, LLC Jeremy W. Shaw, Esq. 747 S. Eastwood Drive Woodstock, IL 60098 IN WITNESS WHEREOF, the Village and the Owner have hereunto set their hands and seals and have caused this instrument to be executed by the duly authorized officials all on the day and year first above written. THE VILLAGE OF McCULLOM LAKE By: Village President Attest: Village Clerk POLISH NATIONAL UNION DISTRICT N0.6 CAMP By: President Attest: Secretary C:�tili�ies`AI.SPo'shNa:analUnanDis7icthb.6Camp`,062414Mnexa6onAgreemzntxpd 7 EXHIBIT A PARCEL I: A PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 215 TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST SIDE OF SAID SOUTHEAST QUARTER, 1 ROD SOUTH OF THE CENTER OF SAID SECTION, AND RUNNING THENCE SOUTH ALONG THE NORTH AND SOUTH QUARTER SECTION LINE, 24 RODS, THENCE EAST PARALLEL WITH THE EAST AND WEST QUARTER SECTION LINE, 80 RODS TO THE EAST LINE OF THE SAID WEST HALF OF THE SOUTHEAST QUARTER; THENCE NORTH ALONG SAID EAST LINE 24 RODS TO A POINT 1 ROD SOUTH OF THE SAID EAST AND WEST QUARTER SECTION LINE; THENCE WEST 80 RODS TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, EXCEPT THE FOLLOWING TRACT OF LAND AS SHOWN ON DEED RECORDED INBOOK 565 PAGE 148: PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, 160 FEET WEST OF THE NORTHEAST CORNER THEREOF FORA PLACE OF BEGINNING, THENCE CONTINUING WEST ALONG THE NORTH LINE OF SAID QUARTER, QUARTER SECTION 160 FEET, THENCE SOUTH AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 230 FEET, THENCE EAST PARALLEL TO THE SAID QUARTER, QUARTER SECTION LINE 160 FEET, THENCE NORTH 230 FEET TO THE PLACE OF BEGINNING (EXCEPTING THEREFROM THE NORTH 1 ROD THEREOF), IN MCHENRY COUNTY, ILLINOIS ALSO EXCEPT THAT PORTION OF THE AFORESAID TRACT DEDICATED FOR ROAD PURPOSES AS SHOWN ON DOCUMENT NO. 87R003995, IN MCHENRY COUNTY, ILLINOIS. PIN: 09-21-401-004 AREA: 10.77 ACRES PARCEL 2: THE WEST 285 FEET IN WIDETH OF THE NORTH 412.5 FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION Z1, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTING THEREFROM THE NORTH 16.50 FEET, IN MCHENRY COUNTY, ILLINOIS, ALSO EXCEPT THAT PORTION OF THE AFORESAID TRACT DEDICATED FOR ROAD PURPOSES AS SHOWN ON DOCUMENT NO. 87R0039955 IN MCHENRY COUNTY, ILLINOIS. ALSO EXCEPT THAT PORTION OF THE AFORESAID TRACT DEDICATED FOR ROAD PURPOSES AS SHOWN ON PLAT OF DEDICATION RECORDED AS DOCUMENT NO, 97R0566963 IN MCHENRY COUNTY, ILLINOIS, PIN: 09-21-429-025 AREA: WEST PORTION: 1.20 ACRES EAST PORTION: 0.76 ACRES TOTAL: 1.96 ACRES PARCEL 3: LOT B 1N SPOJNIA CIRCUIT NO. 6, A SUBDIVISION OF PART OF THE EAST'h OF THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10)1952 AS DOCUMENT NO, 2550803 IN BOOK 11 OF PLATS, PAGE 55, IN MCHENRY COUNTY, ILLINOIS. EXCEPT THAT PART OF SAID LOT BE RESUBDIVIDED AS SPOJNIA CIRCUIT N0. 6 FIRST RESUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED MAY 551955 AS DOCUMENT NO, 292163) IN BOOK 12 OF PLATS, PAGE 21, IN MCHENRY COUNTY, ILLINOIS. ALSO EXCEPT THAT PART OF SALD LOT B RESUBDIVIDED AS SPOJNIA CIRCUIT NO. 6 SECOND RESUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 14, 1972 AS DOCUMENT NO, 558947, IN MCHENRY COUNTY, ILLINOIS, ALSO EXCEPT THAT PART OF SAID LOT B DEDICATED FOR ROAD PURPOSES AS SHOWN ON PLAT OF DEDICATION RECORDED AS DOCUMENT N0.2000R0004884, IN MCHENRY COUNTY, ILLINOIS. PIN: 09-21-430-011 AREA: 9.35 ACRES EXHIBIT B 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 6, 2015 Regular City Council Meeting RE: Property Tax Abatement Agreement between the City of McHenry, McHenry County, Nunda Township Cemetery District, McHenry County Conservation District, McHenry County College District 528, McHenry School District 156, McHenry School District 15, McHenry Township Fire Protection District, McHenry Library District, Nunda Township and Nunda Township Road and Bridge District and Seth Wagner and Associates Real Estate Company ATT: 1. Location Maps (5213 Prime Parkway and 1515 Miller Parkway) 2. Ordinance authorizing the Mayor's execution of a Property Tax Abatement Agreement between the City of McHenry, McHenry County, Nunda Township Cemetery District, McHenry County Conservation District, McHenry County College District 528, McHenry School District .156, McHenry School District 15, McHenry Township Fire Protection District, McHenry Library District, Nunda Township and Nunda Township Road and Bridge District and Seth Wagner and Associates Real Estate Company 3. City Council Meeting Minutes dated March 17, 2014 4. Article V Tax Abatement of the City's Municipal Code 5. Excel Spreadsheet of Existing Taxes Collected on 5213 Prime Parkway and 1515 Miller Parkway and Potential Increase/Decrease of Property Taxes at 5213 Prime Parkway and 1515 Miller Parkway 6. Fabrik's Preliminary Application for Underutilized Property Tax Abatement and Incentive Program (Executed by Fabrik) 7. Underutilized Property Tax Abatement and Incentive Program Adopted by City Council 8. Draft Property Tax Abatement Agreement (Executed by Fabrik) Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us BACKGROUND: In 2009 the City Council approved an Economic Development Plan for the City. The plan details six goals and objectives: retail, industrial, downtown revitalization, business attraction, business retention, and marketing the city as a tourism destination. In 2011 the City Council adopted an Economic Development Strategy which focuses on goals and objectives included in the 2009 Economic Development Plan pertaining to business expansion, attraction and retention. On March 17, 2014 the City Council approved the Underutilized Property Tax Abatement and Incentive Program (program details and City Council meeting minutes attached) to encourage reinvestment in existing improved vacant or underutilized properties through a property tax abatement program instituted through multiple taxing bodies. One of the primary goals of this program is to effectively market specific properties to I investors, developers and/or businesses, which at one time contained sales and/property tax producing businesses, were home to job -generating companies but due to various circumstances have since been vacated, become obsolete due to the size of the land building or a combination thereof. Over time assessed valuations of vacant or underutilized properties decrease or remain stagnant hindering tax growth for all applicable governmental bodies, and the intent of this program through intergovernmental cooperation is to abate some portion of property tax increase over some agreed -upon time period following property redevelopment and/or reoccupation of a previously -vacant building. The program was designed and structured around a specific set of criteria including a consistent approval process and is intended to be flexible to allow each proposal to be evaluated individually on its own merits taking into consideration such factors as: monetary investment required to a building and/or property which permits a specific user to efficiently utilize the space to meet their needs and the type, as well as the magnitude of the economic impact and benefit to the City and/or surrounding region. The Preliminary Application for Underutilized Property Tax Abatement and Incentive Program was also approved by the City Council contemporaneously with the policy and is intended to obtain sufficient qualitative and quantitative information from a potential applicant to allow each taxing district an opportunity to perform their own economic analysis and assessment of potential benefits a specific company may offer to the community and/or larger region. Attached is a Preliminary Application for Underutilized Property Tax Abatement and Incentive Program submitted by Fabrik Molded Plastics, located at 5213 Prime Parkway, 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 http:www.fabrikind.com/index.html, in the City of McHenry, McHenry Corporate Center. Fabrik is a leader in the plastics injection molding industry, employs approximately 400 people and has been located in the McHenry Corporate Center for more than 20 years, in the City of McHenry over 30 years and in McHenry County for 35 years. The property Fabrik currently occupies consists of six parcels, has a building which is 113,904 square feet and total land area equal to 1.63 acres. Fabrik is seeking to expand their business operation and contemplating all of their options, one of which is to remain at their current location and purchase the building at 1515 Miller Parkway (see attached location map). The proposed expansion to 1515 Miller Parkway would result in employment of an estimated 100 additional people within the next three-four years including: set-up technicians, process technicians, quality control inspectors, packing, shipping and receiving, maintenance, toolmakers, metrologists and foreman. Additionally, the expansion would add approximately $1.5-$3 million annually to Fabrik's payroll. Further, Fabrik will be spending approximately $5 million over this time period if they expand which includes funds for: equipment, building and site improvements. Several weeks ago I participated on a conference call with Keith Wagner, President of Fabrik, Pam Cumpata, Executive Director of the McHenry County Economic Development Corporation, Scott Dixon of Dixon Companies and Andria Winters, Deputy Director of the Department of Commerce and Economic Opportunity. The purpose of the call was to discuss potential economic incentives or other opportunities Fabrik could take advantage of if they chose to remain at their current location but expand their business operation. Subsequent to the conversation with the State of Illinois I learned Fabrik had not received any positive indication from the State about obtaining a financial incentive. Fabrik has entertained offers from other states including Indiana, Alabama, and Kentucky and their President Keith Wagner has visited and met with representatives from the aforementioned states. ANALYSIS: Attached is a draft property tax abatement agreement between the City, Fabrik and the ten other applicable taxing districts. The agreement contemplates a property tax abatement of the increase in property taxes which would occur if Fabrik purchased the building at 1515 Miller Parkway. This is the building Phoenix Farms of Illinois was proposing to locate a medical cannabis cultivation facility however Phoenix Farms has relinquished their purchase contract because they were not awarded a license for that location. The building at 1515 Miller Parkway has been vacant for several years, and the last tenant was Clariant Corporation. Due to building's vacancy the property taxes have been reduced, and the Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us total current property taxes for that site are $51,209. When it becomes 100% occupied and is reassessed they are estimated to increase to $82,635/year. The proposed abatement is on the increase only or $31,426 for all 11 taxing districts ($314,260 over 10 year abatement term) and $2,123/year for the City of McHenry ($21,230 over 10-year abatement term). Staff believes the proposed agreement is advantageous to the City and other taxing districts in McHenry County for several reasons: • The request complies with the intent of The Underutilized Property Tax Abatement and Incentive Program; • The building at 1515 Miller Parkway has been vacant for several years; • Fabrik is an international company which has been located within McHenry County for 35 years; • Fabrik's international headquarters is located within the City of McHenry; • Over the next three to four years, if Fabrik expands into 1515 Miller Parkway, about 100 new jobs will be created: (Estimated: 55% skilled; 30% semi -skilled; 15% non -skilled) including: set-up technicians, process technicians, quality control inspectors, packing, shipping and receiving, maintenance, toolmakers, metrologists and foreman. Salaries estimates range from $10.75/hour to more than $100,000/year); • One hundred new jobs created by Fabrik over the next three to four years equates to approximately 300-500 jobs created in the larger regional economy; • Abatement is only proposed on increase in property taxes at 1515 Miller Parkway when property becomes fully occupied; • Fabrik currently employs approximately 400 people, with a payroll of about $11 million; • The abatement has a clawback provision whereby Fabrik would have to repay any abatement received if they cease business operations at their current location or 1515 Miller Parkway during any time during the 10-year abatement term; • Fabrik works with many local companies including: -Aptar (Cities of Crystal Lake and McHenry and Village of Cary (475 employees); Chrysler Corporation (Belvidere, IL) and Chroma Corporation (110 employees) (City of McHenry); J.A. Frate (locations in McHenry and Crystal Lake); Poly One/GLS Corporation (two locations within the City of McHenry 150 employees); Cardinal Packaging Products, LLC (Crystal Lake); American Community Bank (Cities of Crystal Lake, McHenry and Woodstock and Village of Huntley); • If Fabrik relocates out of state the net loss to all 11 taxing bodies, in property taxes, is estimated at $68,081 and about $4,598 annually to the City of McHenry; • The abatement agreement caps the maximum total abatement amount at $314,270; 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 • Approximately 80% of new jobs in an economy are created by existing employers; • Throughout McHenry County, plastic injection molding and other plastics manufacturers account for more than 2,500 jobs among 55 employers with a concentration more than seven times the average for a similarly sized market nationally. While the Agreement includes all eleven taxing bodies, if one or more choose to not approve the proposed abatement, the taxing body (bodies) will be removed from the Agreement. There is no guarantee Fabrik will remain and expand to 1515 Miller Parkway even if the Agreement is approved by all eleven taxing districts however it offers some incentive and if they choose to do so. Additionally, the initial feedback and cooperation by the other taxing districts has been positive, and staff has offered to attend meeting(s) which any of the other ten districts may request to answer questions in an attempt to promote a cooperative effort for the benefit of the entire County. To that end staff has attended a McHenry District 156 board meeting, as well as a McHenry County Finance Committee meeting. The City is the first entity to formerly consider authorizing the Mayor execution of the abatement agreement. Article V of the City of McHenry Municipal Code (attached) outlines a procedure for industrial tax abatements. The following is a condensed version this section: • The City Council of the City of McHenry, will consider granting tax abatement on the City share of the property tax for any new industrial plant construction by an industrial firm considering locating in the City of McHenry from out of state and for existing or newly created McHenry industrial firms considering the construction of new facilities or the expansion of existing McHenry facilities. • Any industrial firm from out of state or from the City of McHenry wishing to request tax abatement for any proposed new construction shall contact the Office of the Mayor for the purpose of having the request referred to the Finance Committee of the City Council for evaluation and recommendation to the full Council. • Upon receipt of a recommendation from the Finance Committee concerning the request for tax abatement, the City Council, in its sole discretion, may pass a resolution to abate any portion of its taxes on said property for any period of time up to, but not exceeding, ten (10) years. Staff believes the application and policy previously adopted by the City Council meets the intent of these provisions, with the exception of the consideration of the abatement by the Finance Committee prior to the full City Council. Due to the urgency of this request staff is 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 recommending the City Council waive the requirement for the abatement request to be considered by the Finance Committee prior to being presented to the full City Council. If the City Council concurs it's recommended a waiver of the requirement in Article V of the City of McHenry Municipal Code requiring tax abatements to be considered by the Finance Committee prior to be presented to the full City Council be granted and the attached ordinance authorizing the Mayor's execution of a Property Tax Abatement Agreement between the City of McHenry, McHenry County, Nunda Township Cemetery District, McHenry County Conservation District, McHenry County College District 528, McHenry School District 156, McHenry School District 15, McHenry Township Fire Protection District, McHenry Library District, Nunda Township and Nunda Township Road and Bridge District and Seth Wagner and Associates Real Estate Company be approved. 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 %# EJ%%a "a Location and Expansion Site 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 MAYOR'S EXECUTION OF A PROPERTY TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF MCHENRY, MCHENRY COUNTY, NUNDA TOWNSHIP CEMETERY DISTRICT, MCHENRY COUNTY CONSERVATION DISTRICT, MCHENRY COUNTY COLLEGE DISTRICT 528, MCHENRY SCHOOL DISTRICT 156, MCHENRY SCHOOL DISTRICT 15, MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT, MCHENRY LIBRARY DISTRICT, NUNDA TOWNSHIP AND NUNDA TOWNSHIP ROAD AND BRIDGE DISTRICT AND SETH WAGNER AND ASSOCIATES REAL ESTATE COMPANY 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 Property Tax Abatement Agreement, bearing the date of July 6, 2015 between the City of McHenry, McHenry County, Nunda Township Cemetery District, McHenry County Conservation District, McHenry County College District 528, McHenry School District 156, McHenry School District 15, McHenry Township Fire Protection District, McHenry Library District, Nunda Township and Nunda Township Road and Bridge District and Seth Wagner and Associates Real Estate Company 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 Property Tax Abatement 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. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2015 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS ATTEST: CITY CLERK DAY OF , 2015 MAYOR Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit "A" Proposed Property Tax Abatement Agreement 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 DATED MARCH 17, 2014 CONSIDERATION AND APPROVAL OF AN ADDENDUM TO THE CITY OF MCHENRY ECONOMIC DEVELOPMENT STRATEGY POLICY TO INCLUDE AN "UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM" Deputy City Administrator Martin reiterated to the Council that in 2009, City Council approved an Economic Development Plan for the City. The Plan details six goals and objectives: • Retail; • Industrial; • Downtown revitalization; • Business attraction; • Business retention; and • Marketing the City as a tourism destination. To that end, in 2011 an Economic Development Strategy was adopted by Council in 2011. Recently, due to poor economic conditions and increasing competition between neighboring municipalities to attract business, municipalities are adopting formal business incentive policies offering a means by which businesses can obtain low -interest financing, sales tax rebates or other programs to leverage potential investments to communities. The policies are not regulatory and can be altered at anytime, as the Council deems appropriate. Deputy City Administrator Martin stated that Staff continues to explore and formulate new methods to attract businesses to the City and, in particular, to address the large number of vacant buildings. Mayor Low held an Intergovernmental Ad Hoc meeting with administrators from other local taxing bodies (i.e., McHenry Township Fire Protection District, McHenry Public Library District, McHenry Elementary District 15 and McHenry High School District 156) in November 2013. At that meeting, it was suggested that use of the Underutilized Property Tax Abatement and Incentive Program could encourage reinvestment in existing improved vacant or underutilized properties through a property tax abatement program instituted through multiple taxing bodies. It has also been suggested that City sales tax rebates could also be utilized in conjunction with property tax abatement. Deputy City Administrator Martin informed Council that the program is designed and structured around a specific set of criteria, including a consistent approval process as well as using claw 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 back provisions. It is intended to be flexible to allow each proposal to be evaluated individually on its own merits taking into consideration such factors as: • Monetary investment required to a building and/or property, which permits a specific user to efficiently utilize the space to meet their needs and the type, as well as the magnitude of the economic impact and benefit to the City and/or surrounding region. Deputy City Administrator Martin informed Council that both the draft Program and the Preliminary Application for Underutilized Property Tax Abatement and Incentive Program has been provided to the various taxing bodies for review. If Council concurs, Staff is recommending the Underutilized Property Tax Abatement and Incentive Program and Preliminary Application for Underutilized Property Tax Abatement and Incentive Program be adopted as a policy Addendum to the City of McHenry Economic Development Strategy. Alderman Wimmer opined he is in favor of trying something. Alderman Glab stated he has reservations and believes the program is premature. He opined he would be more comfortable if the other taxing bodies were on board. Responding to an inquiry from Alderman Peterson regarding what taxing body derives the most benefit, Deputy City Administrator Martin stated that if a building is vacant no one benefits. The program does not take away from any taxing body and while it is targeted toward larger vacant properties, the program does not exclude anyone. Alderman Peterson stated that if a building in the City is occupied the City benefits by the property taxes generated and also sales tax. He noted that he sees the benefit of the City taking the lead with the program. Alderman Condon opined that the program is a good tool for the City to utilize. City Administrator Morefield stated that Staff is attempting to be more proactive as the City is the only taxing body that has charge of economic development. Motion by Wimmer, seconded by Condon, authorizing the Underutilized Property Tax Abatement and Incentive Program and Preliminary Application for Underutilized Property Tax Abatement and Incentive Program be adopted as a policy Addendum to the City of McHenry Economic Development Strategy. Department of Community & Economic Development McHenry Municipal Center v �W PMA� -- Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ARTICLE V TAX ABATEMENT Sec. 23-40. Consideration. The City Council of the City of McHenry, will consider granting tax abatement on the City share of the property tax for any new industrial plant construction by an industrial firm considering locating in the City of McHenry from out of state and for existing or newly created McHenry industrial firms considering the construction of new facilities or the expansion of existing McHenry facilities. Sec. 2341. Application and evaluation. Any industrial firm from out of state or from the City of McHenry wishing to request tax abatement for any proposed new construction shall contact the Office of the Mayor for the purpose of having the request referred to the Finance Committee of the City Council for evaluation and recommendation to the full Council. The request of the applicant shall be accompanied by the name and location of the firm, the estimated fair market value of the new construction, the estimated number of new employees to be added as a consequence of said construction, the tax year in which the first tax abatement is requested to commence, and such other information as the applicant, the Mayor and Finance Committee deem desirable. Sec. 2342. Recommendation. Upon receipt of a recommendation from the Finance Committee concerning the request for tax abatement, the City Council, in its sole discretion, may pass a resolution to abate any portion of its taxes on said property for any period of time up to, but not exceeding, ten (10) years. Any resolution awarding a tax abatement should, as a minimum, specify the amount of the taxes abated (the amount to be either in the form of a percentage or dollar figure), the number of years for which such abatement is awarded and the specific tax years to which such abatement applies. Sec. 2343. Abatement of tax. The Mayor will advise the applicant by letter of the action taken by the City Council. Thereafter, contemporaneously with the enactment of the annual levy ordinance, the City Council and the Mayor shall, without further request from the applicant, enact an appropriate tax abatement ordinance or ordinances and shall file the same with the County Clerk in sufficient time to implement such tax abatements for the tax years in question. 5213 Prime Parkway Net Taxable Amount (100% Occupied) Net Taxable Amount (100% Vacant) 1410154001 $ 11101,619 $ 576,001 1410154002 $ 271449 $ 27,449 1410154003 $ 27,449 $ 27,449 1410154004 $ 27,136 $ 27,136 1410154005 $ 27,136 $ 27,136 1410154006 $ 27,136 $ 27,136 Total $ 11237,925 $ 712,307 1515 Miller Parkway Net Taxable Amount (10076 Occupied) Net Taxable Amount (10076 Vacant) 1410151007 $ 59,053 $ 59,053 1409276007 $ 637,987 $ 336,307 Total $ 637,987 $ 395,360 Existing (5213 Prime Parkway (100% Occupied) 1515 Miller Parkway (100% Vacant) Taxing Districts Tax Rate 5213 Prime Parkway (100% Occupied) 1515 Miller Parkway (100% Vacant) Total Existing Taxes McHenry County 1.14122 $ 14,127 $ 41512 $ 18,639 Nunda Township Cemetry 0.002036 $ 25 $ 8 $ 33 McHenry County Conservation District 0.283996 $ 31516 $ 11123 $ 4,638 McHenry County College District 0.445272 $ 51512 $ 11760 $ 71273 McHenry Elementary District 15 5.850754 $ 72,428 $ 23,132 $ 95,559 McHenry High School District 156 2.886732 $ 35,736 $ 111413 $ 471149 McHenry Township Fire Protection District 0.62785 $ 71772 $ 2,482 $ 10,255 McHenry Library District 0.383963 $ 41753 $ 11518 $ 61271 Nunda Township 0.117836 $ 11459 $ 466 $ 1,925 Nunda Township Road and Bridge 0.338027 $ 41185 $ 11336 $ 51521 City of McHenry 0.874808 $ 10,829 $ 31459 $ 14,288 Total 12.952494 160,342 $ 51,209 $ 211,551 100% Occupied (5213 Prime Parkway and 1515 Miller Parkway) Taxing Districts Tax Rate 5213 Prime Parkway (100% Occupied) 1515 Miller Parkway (100% Occupied) Total Taxes (100% Occupied) McHenry County 1.14122 $ 14,127 $ 7,281 $ 21,408 Nunda Township Cemetry 0.002036 $ 25 $ 13 $ 38 McHenry County Conservation District 0.283996 $ 31516 $ 11812 $ 5,328 McHenry County College District 0.445272 $ 5,512 $ 21841 $ 81353 McHenry Elementary District 15 5.850754 $ 72,428 $ 37,327 $ 109,755 McHenry High School District 156 2.886732 $ 35,736 $ 18,417 $ 54,153 McHenry Township Fire Protection District 0962785 $ 71772 $ 4,006 $ 11,778 McHenry Library District 0.383963 $ 41753 $ 21450 $ 71203 Nunda Township 0.117836 $ 11459 $ 752 $ 21210 Nunda Township Road and Bridge 0.338027 $ 4,185 $ 2,157 $ 61341 City of McHenry 0.874808 $ 10,829 $ 51581 $ 16,411 Total 12.952494 $ 160,342 $ 82,635 $ 242,977 100% Vacant (5213 Pime Parlcwav and 1515 Miller Parkway) Taxing Districts Tax Rate 5213 Prime Parkway (100% Vacant) 1515 Miller Parkway (100% Vacant) Total Taxes (100% Vacant) McHenry County 1.14122 81129 $ 41512 $ 12,641 Nunda Township Cemetry 0.002036 15 $ 8 $ 23 McHenry County Conservation District 0.283996 21023 $ 11123 $ 3,146 McHenry County College District 0.445272 31172 $ 11760 $ 41932 McHenry Elementary District 15 5.850754 41,675 $ 23,132 $ 64,807 McHenry High School District 156 2.886732 20,562 $ 11,413 $ 31,975 McHenry Township Fire Protection District 0.62785 4,472 $ 2,482 $ 61954 McHenry Library District 0.383963 2,735 $ 11518 $ 41253 Nunda Township 0.117836 839 $ 466 $ 11305 Nunda Township Road and Bridge 0.338027 21408 $ 11336 $ 31744 City of McHenry 0.874808 61231 $ 30459 $ 91690 Total 12.952494 92,262 51,209 143,471 Proposed Annual Tax Abatement (1515 Miller Parkway) (10 years) Taxing Districts Tax Rate Proposed Annual Abatement (1515 Miller) Proposed total 10-year Abatement McHenry County 1914122 21769 271690 Nunda Township Cemetry 0.002036 5 50 McHenry County Conservation District 0.283996 689 6,890 McHenry County College District 0*445272 11080 10,800 McHenry Elementary District 15 5.850754 141196 141,960 McHenry High School District 156 2.886732 71004 70,040 McHenry Township Fire Protection District 0.62785 11523 15,230 McHenry Library District 0383963 932 91320 Nunda Township 0.117836 286 21860 Nunda Township Road and Bridge 0338027 820 81200 City of McHenry 0.874808 2,123 21,230 Total 12.952494 31,426 314,270 J City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 www.cl.mchenry.1l.us PRELIMINARY APPLICATION FOR UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM • PART (; COMPANY INFORMATION Company Name and Fleadquarters (include street, city, state, zip code, phone and fax numbers): Prime Parkway McHenry, 1L 6005Q 815._385.94$Q; 815 Executive OfficerJCompany Designee (include first and last name, phone and fax numbers and e-mail address); 815.385.9480.87.5.385.9614 fax • kwa ner fabrikind.com Company FE[N, Type of Organization (corporation, partnership, limited partnership, etc.): Corporation State of Incorporation/organization and year: NAICS code: Code: etic and Surgical Appliances and S City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 www.cE.mchenry.il.us PRELIMINARY APPLICATION FOR UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM PART 11: NATURE AND HISTORY OF THE APPLICANT'S BUSINESS (Please provide a general description of the applicant's business/lines or lines of business engaged in, history and reason for the project, i.e. company outgrew its existing space, entering new market, etc.) Plastic in'ection insert &medical moidin & other moldin a fications motor vehicles Fabrik currently occupies an approximately 113,904 square foot building and is an international company. They have larger contracts with major automakers and medical users which necessitates additional equipment space and employees to keep pace with the demand in those industries. They are seeking to acquire a 43,928 square -foot building immediately west of their current site to accommodate their expansion needs PART ill: 'PROJECT INPORMATlON {Describe the nature of the propose project, including: size of facility; amount of land to be purchased (if applicable); whether the project is an expansion of an existing facility; construction of a new facility, or both; proposed use of the facility; reason(s)' the applicant requires a new or expanded facility; and phasing plans if the project is to be constructed in multiple phases.) Fabrik is seeking to purchase the building located at 1515 Miller Parkway immediately west of their current location in the McHenry Corporate Center. The building was formerly occupied by Clariant Corporation but has been vacant for several years The purchase of 1515 Miller Parkway would constitute the first phase of Fabrik's longer -term expansion plans Street Address: 1515 Miller Parkway/McE-lenry Corporate Center , Parcel identification Number (PEN): 1410-151-007 and 14-09-276-007 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinols 60050 www.cl.mchenry.il.us PRELIMINARY APPLICATION FOR UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM Current Zoning of Property: 1-1 industrial (City of McHenry) Current Equalized Assessed Value (EAV) of property/building/Base Taxable Value of Property: a. Land: $152,733 b. Building: $242,627 (Partial Assessment} Goes the current public/on-site infrastructure meet proposed project's needs? (If not please describe why, what is required, estimated time to complete and estimate completion cost.): Water and Sewer -Yes; Natural Gas -Yes; Electric -Yes Will the project facility be owned or leased by the applicant? Owned Is the project likely to result in another substantial economic benefit to the City of McHenry, McHenry County and/or larger region? If yes, please explain and be as specific as possible. Fabrik was initially incorporated in 1980 with their first location was in the Village of Algonquin• they subsequently relocated to the City of McHenry in 1983 in Tonyan industrial Fark and moved to McHenry Corporate Center in 1993. Fabrik currently employees about 400 people and continues to grow The proposed expansion to 1515 Miller Parkway would result in employment of an estimated 100 additional people within the next three-four years including: set-up technicians process technicians, quality control inspectors, packing, shipping and receiving, maintenance, toolmakers, metrologists and foreman. The expansion would add approximately $1.5-$3 million annually to Fabrik's payroll over thin . next three to four years. Additionally, Fabrik will be spending approximately $5 million over this time period if they expand which includes funds for: equipment and building and site C(fiy of McHenry McHenry Municipal Center 333 Green Street McHenry, il(inols ouuoo www.ci.mchenry.il.us PRELIMINARY APPLICATION FOR UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM improvements. Fabrik has entertained offers from other states including Indiana, Alabama, and Kentucky and their CEO Keith Wagner has visited and met with representatives from the aforementioned states. Fabrik has been conducting business in„McHenry County for over 35 years and is an extremely valuable employer in terms of providing primary employment for several hundred people and a company which continues to thrive. Will the proposed project result in a spin-off activity that will support City of McHenry, McHenry County and/or other regional contractors and/or suppliers? if yes, please explain and be as specific as possible. Fabrik's presence, if maintained within McHenry County, will result in a positive economic impact to the region resulting from business relationships Fabrik currently maintains and protected increases in many different forms from those companies. Some of the regional customers and suppliers Fabrik currently has business relationships Include: -Aptar (Cities of Crystal Lake and McHenry and Village of Cary); Chrysler Corporation (Belvidere, IL) and Chroma Corporation (City of McHenry): J.A. Frate (locations in McHenry and Crystal Lake); Poly One/GIS Corporation (two locations within the City of McHenry): Cardinal Packaging Products, LLC (Crystal Lake); American Community Bank (Cities of Crystal Lake, McHenry and Woodstock and Village of Huntley). Are other locations within the City of McHenry, McHenry County or other areas of the region/state or out-af-state being considered for this project and if so how many, are incentives being requested at other locations and what will be the determining factor(s) utilized in making a final project location decision (understanding confidentiality please be as specific and provide as much information as possible)? Due to uncertainties in the macro economy and more locally in the State of Illinois including #(actuations in unemployment rates and concern of supply for adequate skilled labor Fabrik has completed some due diligence including the possibility of relocating out of state They have spoken and visited with economic development representatives in Indiana, Alabama and Kentucky. Ketch Wagner, President of Fabrik Industries, has been extremely open and cooperative with the City of McHenry and McHenry County Economic Development <3 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.il.us PRELIMINARY APPLICATION FOR UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM Corporation and also very wi[line to entertain the possibjlity of remainine in the City of McHenry while exploring all options as any large employers considering an expansion would do Alease provide property acquisition, investigation and entitlement timeline, including targeted deadlines, amount of time for due diligence, ideal approval dates for incentives being requested, any zoning relief which may be required, building permit review timellne expectations, buildout and construction schedule and projected opening date (please be as specific as possible)? Property afi 1515 Miller Parkway is properly zoned, I-1 [ndustrjal-same zonjn� classification as Fabrik's current location at 5213 Prime Parkway. Entitlement timeline is projected to be completed within the next few months as Fabrik needs to properly i an for their future Description of Est'tma#ed Costs (include how line item cost will be/proposed source of financing): a. Acquisition of land/building(s}; Estimated at $2,000,000-$2,500,000 b. Architectural and Engineering Costs (estimate): c. Building Improvements (estimated construction cost broken down by type/cost of jmprovement): d. Site Improvements: e. Utility Construction/Expans'ron (upgrades/oversizing required): f. Renovation Costs (estimated construction cost broken down by type/cost of work to be done): g. Machinery and Equipment: Estimated at $2,OOOA00-$2,500,000 5 City of McHenry McHenry Municipal Center 333 Green Street McHenry, iiiinois uouso www.ci. mchenry.11.us PRELIMINARY APPLICATION FOR UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PRQGRAM h. Furniture and Fixtures: i. Misc. (accounting, legal, etc.}: }. Contingency: TOTAL ESTiMAT£D PROJECT COSTS: $4-5 million over the first three years and $8-1Q million long-term (years five and beyond) assuming economic conditions remain stable and continued growth in economy, as well as in Fabrik's market sector. PART IV: ECONOMIC DEVELOPMENT IMPACT INFORMATION As a result of the proposed project, will there be any consolidation, relocation of facilities From other areas -including those located outside of the City of McHenry? No. Facility in McHenry will be expanded Projected New Job Creation (€ull time (FTI;}, permanent); 100 aver the next three to four years (Estimated: 5570 skilled; 30% Semi -skilled; 15% non-sk!lled) Including, set-up technicians process technicians, quality control inspectors, packing shipping and receiving, maintenance, toolmakers, metrologists and foreman Salaries estimates ranging from $10 75/hour to more than $100,000/year. Projected Job Retentian (futl Tirne (FTE), permanent}; 500 projected over the next three-four ears Projected Job Creation (part-time, permanent and temporary}; 100-projected over next - three-four years Projected Job Retention (part-time, permanent): 500 projected over the next three-four years City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.il.us PRELfNItNARY APPLfCATICiN FOR UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PR�JGRAM Years 1-3 Professional Retail/Sales Technical Clerical General Labor Total Hourly Wage Total 25 35 15 25 100 Sib. 75/hour- Projected $1001(/year (Est.) What specific actions will you take/pursue to recruit employees from among residents of the City of McHenry, McHenry County and/or larger region? Fabrik works with McHenry County Economic Development Corporation and McHenry Count' Workforce Network. Additionally, they provide internship ooportunities for students and work with local educational institutions to provide on-the-iob training to enhance local workforce recruitment efforts. PART V: DESCRIPTION OF TYPE, AMOUNT OF REQUESTED ECONOMIC INCENTIVES Please descrlbe type and amount of an economic incentives being sought, what they will be used for, justification for request (please be as specific as possible); Year Property Tax Abatement/Freeze (dollar amount) Sales Tax Rebate (dollar amount) Waiver of Fees (type and dollar amount) Other Justification and Description of Use of Funds 1 Estimated: $31,426/year for ten N/A N/A N/A Offset increase in property taxes at 1515 Miller years: Total Prolected Parkway. Currently, due to abatement If all taxing the building being 100% bodies abate increase vacant it's partially in property taxes at assessed. 1515 Miller Parkway is 314 260 Describe any other type of assistance, monetary or non -monetary being requested, why the request is being made and how, if granted this would assist in completing project (please be as specific as possible). 7 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.11.us PRELIMINARY APPLICATION FOR UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM No other monetary assistance is befing requested from the eleven impacted taxing districts Other assistance which will most likeiv be provided if Fabrik does remain and expand in the City of McHenrv: are working with McHenry County Workforce Network in filling future positions which will be required and training for those employees is another resource Fabrik would most likely seek. The requested abatement is only the additional tax dollars which will be realized if Fabrik purchases the building at 1515 Miller Parkway. Fabrik is one of the tar est employers in the City and McHenry County and if they choose to three-four years which will result if Fabrik expands to 1515 Miller Parkway Additionally, Fabrik works with many businesses throughout the County and while the larger regional economic other companies, as well as potential growth far some o€the same companies The loss of Fabrik to the City, County and State will be realized regionally is the appfiicant receiving and/or planning to request (now or in the future) other types of economic incentives, and if so from what sources, state what funds would be used for, timetable on receipt of funds and any other conditions/special requirements associated with use of any funds received. Fabrik has been working with the State of lilinois far several months however to -date has not received any indication there would be financial incentives from the State This could change however Fabrik has been contemplating their options for several months and needs to make a business decision regarding remaining in the City of McHenry or relocating The proposed tax abatement of the increase in property taxes if Fabrik purchases and expands to 1515 Miller Parkway is a small percentage of the Fabrik's planned long-term financial investment it's protect a net loss of approximately $65-7EJ,00(7 annually could be realized if Fabrik chooses to leave and both buildings, 5213 Prime Parkway and 1515 Miller Parkway. This isproiected based on an assumed reduction in the market value of the building at 5213 Prime Parkway it's totally vacant. E3 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 www.c[.mchenry.[Lus PRELIMINARY APPLICATION FOR UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM PART VI: C11SCi.OSSURE OF INTEREST ANp CERTiFlCATION OF APPI.ICATiON 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 TO name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. Certification - [ hereby certify that I am aware of ail 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 understand this application is the initial step required to be considered for any economic development Incentive. Upon receipt of a completed application, the City of McHenry will forward a copy of the application and any supporting documentation to all relevant/Impacted taxing bodies for review and consideration, which in no way obligates any taxing body too financially or otherwise participate in this request. 0 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 6o05o www.ci.mchenry.al.us PRELIMINARY APPLICATlQN FUR UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM Following review by all relevantJimpacted taxing bodies the City of McHenry wi[I contact the applicant to discuss the next steps in the process. Additionally, I have read, understand and will fully comply will all general program criteria, process and circumstances under which immediate repayment of a property tax abatement, sales tax rebate and/or other incentive may be required to be repaid to the taxing body which authorized the incentive outlined and described in the Underutilized Property Tax Abatement and Incentive Program and which may be included in any economic incentive agreement to which l am a party and/or enter into. Signature of Applicant{s1 .) of Applicant(s) �o City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.il.us ADDENDUM TO CITY OF IVICHENRY ECONOMIC DEVELOPMENT STRATEGY UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM INTRODUCTION In accordance with its current Economic Development Strategy the City of McHenry can authorize a sales tax rebate as an incentive and means of encouraging the development, expansion or redevelopment of a property by a commercial sales tax producing business. The Underutilized Property Tax Abatement and Incentive Program is an extension of this existing program, focusing on property tax abatement for qualified businesses, which may be utilized in conjunction with or as an alternative to a sales tax rebate for non -sales tax generating businesses. Property tax abatement is an incentive, authorized by Illinois State Statutes, that the City of McHenry may offer to a commercial or industrial business expanding an existing facility or locating a new facility to a formerly vacant building. It allows a business to be rebated a portion of existing property tax revenue or the difference between the current property tax revenue from a building or site and the resulting property tax revenue after expansion, improvement, or new construction. Since participating taxing district or districts involved forego property tax revenue, there must be a clear purpose and need for abatement. The City of McHenry administers the process, does a preliminary evaluation of the proposed purpose and need and presents the application to the affected taxing districts for their consideration. PURPOSE AND NEED FOR PROGRAM The purpose of the Underutilized Property Tax Abatement and Incentive Program is to encourage reinvestment in existing improved vacant or underutilized properties through a property tax abatement program instituted through multiple taxing bodies. Over time assessed valuations of vacant or underutilized properties decrease or remain stagnant hindering tax growth for all applicable governmental bodies, and the intent of this program through intergovernmental cooperation is to abate some portion of property tax increase over some agreed -upon time period following property redevelopment and/or reoccupation of a previously -vacant building. City sales tax rebates can also be utilized in conjunction with property tax abatement. A goal of this program is to be able to effectively market specific properties to potential investors, developers and/or businesses, which at one time contained sales and/property tax producing businesses, were home to job -generating companies but due to various 1 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.il.us ADDENDUM TO CITY OF MCHENRY ECONOMIC DEVELOPMENT STRATEGY UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM circumstances have since been vacated, become obsolete due to the size of the land building or a combination thereof. Below are properties which the City is specifically targeting for this program, but this does not preclude other properties from being eligible to participate in the program. EXAMPLES OF TARGETED PROPERTIES 1. 2019 N Richmond Road (former location of WakMart w/existing 115,923 sf. vacant building) 2. 1900 N Richmond Road (former location of K-Mart/Sears w/existing 88,992 sf. vacant building) An additional goal of the program is to foster new capital investment in a property, which in turn generates additional assessed valuation and more return for impacted taxing bodies over time. If a company builds a new building or makes capital improvements to an existing building, those investments would be considered new investment, as they represent an addition to the fair market value of the property and thereby increasing the total equalized assessed valuation of the property. However, if a company buys an existing building and makes no additional improvements, property tax abatement may be an option; however, is not as nearly as lucrative because there may only be a nominal, if any increase, to the underlying assessed valuation. Property tax abatement would primarily be applied only to taxes levied against newly created assessed value for a property. Below is an example which generally illustrates how the property tax abatement portion of this program, under ideal circumstances, would function for properties where new investment is created. Example: For purposes of example of application of this property tax abatement policy assume the total ad valorem 2011 real estate tax bill, payable to the City in 2012, is $250,000 (revenue year*) for Property Z. Let's assume the total base year tax amount** is $130,000 and the base year in this example is 2009. The total base year tax amount is subtracted from the total revenue year amount payable to the City for the specific revenue year, which in this example, is revenue year 2011. Finally, let's also assume 75% of the increase from the base year tax amount is being rebated to the developer and remaining 25% payable to the City of McHenry. Using this illustration the calculation would be: Mc enr 0 � � y City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.il.us ADDENDUM TO CITY OF Nil CHENRY ECONOMIC DEVELOPMENT STRATEGY UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM Revenue Year 2011: $250,000 Total Base Year Tax Amount 2009: 130 000 $120,000 The difference under this example is then multiplied by percentage of abatement for the developer of Property Z. which in this example is: $120,000 X .75 $90,000 Under this example for Revenue Year 2011 the City would receive $160,000, which is the sum of the Total Base Year Tax Amount of $130,000 plus $3u,uuu, which equals 257o of the difference between the 2011 Revenue Year Tax Amount ($250,000) and the 2009 Total Base Year Tax Amount ($130,000). The developer of Property X would receive a real estate tax abatement of $90,000, which is 75% of the difference between the 2011 Revenue Year Tax Amount due the City and the 2009 Total Base Year Tax Amount. * Revenue year means the year the real estate tax liability is assessed levied and accrues. The revenue year tax is billed, due and payable during the next calendar year. **Total Base Year Tax Amount refers to the existing property tax bill prior to new capital investment and reoccupation of apreviously-vacant property. In this instance property tax abatement is only applicable to taxes levied against the increase in property assessed valuation from tax years following completion of capital improvements. Increase in assessed valuation resulting from new investment is predicated on when improvements are completed, occupancy is granted and how this coincides with the actual timing of the partial/full reassessment of the property. 3 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.il.us ADDENDUM TO CITY OF Nil CHENRY ECONOMIC DEVELOPMENT STRATEGY UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM GENERAL PROGRAM CRITERIA 1. Property must be located within City of McHenry corporate limits; 2. Proposed use/redevelopment of property must generally be consistent with the Guidelines for Economic Incentives included in approved City of McHenry Economic Development Strategy; 3. Proposed use/redevelopment of property must be consistent with City of McHenry Comprehensive Plan; 4. Property must contain at least one existing principal building; 5. Principal or a minimum of one building on property must contain a minimum of 50,000 gross square feet of continuous usable space (Subdivided buildings containing 50,000 square feet or greater in total square footage will generally not be considered); 6. Taxpayers are required to file an annual certification that the property for which the tax exemption has been granted continues to be used for industrial or commercial purposes; 7. The property on which the CIAO to be abated must be owner -occupied or leased. In the case of leased properties, the developer/owner of the leased property will need to be a party to the abatement agreement with a renewable option after 5 years, they could be granted 10-year abatement. A company must submit a signed lease of a minimum of 3- years in order to be eligible to apply for property tax abatement. Tax abatement will not be offered in excess of the length of the lease; however, should a company have for example a 5-year lease with a renewable option after 5 years; they could be granted 10- year abatement. Should the company choose not to renew their contract after five years, the abatement would cease; 8. Businesses receiving tax abatement must abide by the Illinois Prevailing Wage Act, and comply with all other relevant local, state and federal regulations; 9. Abatement will be calculated based on annual increases in assessed valuation following base year irrespective of changes in tax rates; 10.It shall be required that any firm seeking an abatement of taxes utilize qualified contractors who utilize regional labor when initiating improvements to its real estate, subject to the following: The only allowable exceptions are for services that are not provided locally within the City of McHenry; 0 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.il.us ADDENDUM TO CITY OF Nil CHENRY ECONOMIC DEVELOPMENT STRATEGY UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM 11. The number of years of tax abatement, percentage and/or amount of the annual abatement and the total multi -year tax abatement will be determined on a case by case basis; 12. Businesses proposing to relocate operations within the City of McHenry and seeking a property tax abatement and/or sales tax rebate must demonstrate the expansion cannot be accommodated at the current site due to constraints, including but not limited to: a. lack of adequate street or road capacity or access; b. lack of available contiguous land for expansion; c. excessive land costs in the current location; do reconstruction requires a shutdown of operations; e. structurally or functionally obsolete facility; f. lack of adequate utility capacity; PROCESS Abatement requests are reviewed on a case -by -case basis as to their economic, strategic and fiscal impacts upon a taxing district or districts. Once a request is submitted, the City of McHenry evaluates it and approaches the impacted taxing districts to secure an indication of their support for the project. If a taxing district or districts expresses an interest in supporting the application, the City of McHenry will convene a meeting or teleconference among interested parties to review the proposed project, including status of other state and local incentive applications and the taxing district or districts' approval process. The goal is to develop the parameters for a Letter of Intent, including proposed abatement level, the approval process/schedule and the submission under confidentiality of required information. If all parties sign on to the Letter of Intent, the City of McHenry will formulate a Property Tax Abatement Agreement for approval by the taxing district or districts' governing board(s), the City of McHenry and other affected parties. After the agreement is executed by all parties, the City of McHenry will record it against the impacted property. The City and every applicable taxing district(s) must approve an ordinance each year property tax abatement is authorized by an agreement. Following passage by the governing 5 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 www.ci.mchenrv.il.us ADDENDUM TO CITY OF MCHENRY ECONOMIC DEVELOPMENT STRATEGY UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM board the approved ordinance must be certified by each taxing authority. The ordinance should include the property parcel identification number, title holder and the approved abatement percentage. The ordinance must be filed simultaneously with the McHenry County Clerk's Office and the McHenry County Treasurer's Office. All abatement ordinances must be filed with the Clerk's and Treasurer's Offices no later than the following March of the proposed tax abatement year. For example an ordinance authorizing a property tax abatement for 2013 taxes must be filed no later than March 2014. IMMEDIATE REPAYMENT OF PROPERTY TAX ABATEMENT WILL BE REQUIRED UNDER ANY OF THE FOLLOWING CONDITIONS 1. There is a material misrepresentation in the company's application; 2. The business becomes insolvent, but only in the event the insolvency causes the subject property to cease operations; 3. The sale of the subject property or assignment of the Tax Abatement Agreement, except as may be provided in the Property Tax Abatement Agreement; 4. The construction of residential improvements on the subject property, provided, however, that in the event said residential improvements are identified by separate Permanent Index Numbers (PIN), the cancellation of the abatement shall apply only to the abatement attributable to those PIN numbers so identified; 5. The company files tax rate objections or otherwise challenges the rate of taxes levied by and extended by the taxing jurisdictions during a period of time commencing on the date of the Property Tax Abatement Agreement and concluding on December 31st of the third year following when the last abatement provided for is realized; 6. Assignment of this Agreement or the subject property ceases to be operated as originally intended, except as provided in the Property Tax Abatement Agreement. 7. The tax abatement will be canceled if the private individual or entity relocates its facility outside of the City of McHenry; 8. The Final Tax Abatement Agreement shall terminate in the event that the project is not fully constructed, or the agreement is not formally amended, and operating as proposed within three (3) years of the date of the Final Tax Abatement Agreement; City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.il.us ADDENDUM TO CITY OF IVICHENRY ECONOMIC DEVELOPMENT STRATEGY UNDERUTILIZED PROPERTY TAX ABATEMENT AND INCENTIVE PROGRAM 9. Any company approved for tax abatement will be required to maintain operations at the project location for three years following the termination of the abatement or be required to repay the abatement to the issuing taxing district(s) PROPERTY TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF MCHENRY, MCHENRY COUNTY, NUNDA TOWNSHIP CEMETERY DISTRICT, MCHENRY COUNTY CONSERVATION DISTRICT, MCHENRY COUNTY COLLEGE DISTRICT 528, MCHENRY SCHOOL DISTRICT 156, MCHENRY SCHOOL DISTRICT 15, MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT, MCHENRY PUBLIC LIBRARY DISTRICT, NUNDA TOWNSHIP, NUNDA TOWNSHIP ROAD AND BRIDGE DISTRICT AND SETH WAGNER AND ASSOCIATES REAL ESTATE COMPANY This Property Tax Abatement Agreement ("Agreement") is made and entered into this day of �V 2015 by and between the City of McHenry ("City"), McHenry County, Nunda Township Cemetery District, McHenry County Conservation District, McHenry County College District 528, McHenry School District 156, McHenry School District 15, McHenry Township Fire Protection District, McHenry Library District, Nunda Township and Nunda Township Road and Bridge District, (hereinafter collectively "Taxing Bodies" or singularly "Taxing Body") and Seth Wagner and Associates Real Estate Company and/or their successor (hereinafter "Fabrik"), an Illinois Corporation. WHEREAS; the Taxing Bodies have the power to abate property taxes pursuant to Section (35 ILCS 200/18465); and, WHEREAS, the Taxing Bodies may enter into intergovernmental cooperation agreements pursuant to Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act (51LCS 220/1 etseq.); and, WHEREAS, the Taxing Bodies desire to attract and retain new and diverse business and industrial enterprises within their boundaries in order to increase the equalized assessed valuation by encouraging private sector investment; and, WHEREAS, the creation and retention of jobs is essential to the economic and social well-being of the people of McHenry County and the surrounding region; and, FI WHEREAS, the Taxing Bodies find the granting of certain property tax abatements may be necessary to attract, retain and encourage the growth of diverse business and industrial enterprises; and, WHEREAS, Fabrik currently operates their business at 5213 Prime Parkway ("Existing Property"), legally described on attached Exhibit "A" and is located within the corporate limits of the City. Fabrik is interested in purchasing the building and property located at 1515 Miller Parkway ("Subject Property") legally described on attached Exhibit "B," located in the City to accommodate their proposed business expansion, and, WHEREAS, the Existing Property is identified as tax parcels 14-10-154-001, 14-10-154- 002, 14-10-154-003, 14-10-154-004, 14-10-154-005 and 14-10-154-006, consists of 1.63 acres more or less and contains an approximately 113,904 square -foot one-story building constructed in 1992; and, WHEREAS, the Subject Property is identified as tax parcels 14-10-151-007 and 14-09- 276-007, consists of 3.10 acres more or less and contains an approximately 43,928 square -foot one-story building constructed in 1991; and, WHEREAS, the total 2014 Equalized Assessed Valuation of the Subject Property is $395,360; WHEREAS, Fabrik has estimated the costs of the purchase of the Subject Property and associated improvements, purchase of equipment and hiring of additional personnel to be in excess of Five Million Dollars. NOW, THEREFORE IT IS AGREED by and between the Taxing Bodies and Fabrik as follows: SECTION 1. The Taxing Bodies and Fabrik incorporate each of the above recitals into this Agreement as if set forth in their entirety in this Section 1. SECTION 2. The Taxing Body (Bodies) hereby agree to abate the real estate taxes levied against the Subject Property each year that the Taxing Body's (Bodies') property taxes exceed the dollar amount listed for said Taxing Body (Bodies) on Exhibit "C" ("2014 Base Property Taxes") attached hereto and incorporated herein. The 2014 Base Property Taxes are a minimum dollar threshold for each Taxing Body, and the sum of all the 2014 Base Property Taxes ($51,209) shall serve as a minimum cumulative dollar threshold for all Taxing Bodies.. If at any time during the during the Property Tax Abatement Term described in Section 3 the sum of the 2014 Base Property Taxes for all Taxing Bodies is less than $51,209 referenced on Exhibit C there shall be no property tax abatement required by any Taxing Body for that year. The 2014 Base Property Taxes Amount refers to the existing property tax bills prior to new capital investment and reoccupation of a previously vacant building on the Subject Property. SECTION 3. Each Taxing Body agrees to abate their portion of the real estate taxes levied against the Subject Property in accordance with Section 2 for a ten (10) year term commencing with the 2016 property tax bill payable in 2017 through the 2025 property tax bill payable in 2026 ("Property Tax Abatement Term"). Subject to the terms outlined in Section 2 each Taxing Body agrees to adopt an Abatement Ordinance, ("Abatement Ordinance") annually and file the Abatement Ordinance with the McHenry County Clerk's and Treasurer's Offices no later than the March following the proposed tax abatement year. For example an ordinance authorizing the abatement of 2016 property taxes must be filed no later than March 2017. 3 SECTION 4. The Taxing Bodies and Fabrik hereby agree the maximum cumulative total property tax abatement levied against the Subject Property shall not exceed $314,270 ("Maximum Total Property Tax Abatement"). SECTION 5. Fabrik agrees to repay all Property Tax Abatements referenced in Section 3 of this Agreement, in accordance with the provisions in this Section to all Taxing Bodies if Fabrik ceases its business operation in the City at any time during the term of this Agreement. Ceasing business operation shall be defined as the permanent closure of the building on the Subject Property or at its Existing Property and the building(s) remaining less than 100% occupied, as determined by the Nunda Township Assessor, for a period of six (6) or more consecutive months prior to the end of the Property Tax Abatement Term However the Property Tax Abatement shall not be required to be repaid if Fabrik expands their business operation at a location other than at its Existing Property or Subject Property but within the City. If Fabrik ceases its business operation in accordance with the aforementioned provisions in this Section Fabrik agrees to repay all property taxes to all applicable Taxing Bodies (Body) which have been previously abated by an Abatement Ordinances(s) filed in accordance with Section 3. The repayment shall be cumulative and inclusive of all Abatement Ordinances filed by all Taxing Bodies during the Property Tax Abatement Term. Other than the Property Tax Abatements agreed to pursuant to this Agreement, The Taxing Bodies shall have no obligation to incur any expense, share any revenue or abate any property tax associated with Fabrik, their business or the Subject Property. SECTION 6. To the extent permitted by the Illinois Freedom of Information Act ("FOIA") and other relevant laws, the Taxing Bodies shall endeavor to keep any such financial information confidential. The foregoing, however, shall not preclude any Taxing Body from disclosing such information to the extent it is mandated to do so by court order or to the extent 0 it makes a good faith determination that such disclosure is required by law. The City shall give Fabrik prompt notice of any request that is made under the FOIA to disclose any Information described above. If required the Taxing Bodies shall be permitted to disclose such information and documents to employees and consultants as the Taxing Bodies in their sole discretion, deems appropriate in order to monitor compliance and audit this Agreement. Fabrik understands and agrees that the provisions of this Agreement and any and all subsequent property tax abatements regarding the Subject Property pursuant to this Agreement are public records and are subject to release under FOIA. Fabrik also agrees to execute any consent form requested by the Taxing Bodies and furnish such additional consent, powers of attorney or waivers as may be required by State and/or Federal Law to furnish any required financial information and/or disclosures to the Taxing Bodies. SECTION 7. The Taxing Bodies and Fabrik 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. SECTION 8. No cash payment shall be due from the Taxing Bodies to Fabrik under this Agreement, and no interest shall be due on the obligations set forth in this Agreement. Fabrik acknowledges that the Taxing Bodies Obligation is a limited obligation related solely to certain abatement of property taxes levied on the Subject Property subject to the terms outlined in Section 2 and the sole source of Fabrik's abatement shall be from the aforesaid increase over and above the 2014 Base Property Taxes. SECTION 9. This Agreement shall be in full force and effect for a Term commencing from date the Agreement is considered by all Taxing Bodies and ending on the earlier to occur of: (a) 5 the Taxing Bodies Maximum Total Property Tax Abatement to Fabrik outlined in Section 4 of this Agreement has been satisfied; (b) Fabrik ceases its business operation at its Existing Property or Subject Property prior to Fabrik's receipt of the Maximum Total Property Tax Abatement except that, in that event, Fabrik must still repay the Taxing Bodies pursuant to Section 5 of this Agreement; (c) the end of the Property Tax Abatement Term; (d) Fabrik has not obtained a certificate of occupancy to conduct its business operations at the Subject Property by June 1, 2016; (e) Fabrik relocates its business outside of the City except that, in that event, Fabrik must still repay the Taxing Bodies pursuant to Section 5 of this Agreement or (f) Agreement is not executed by Fabrik by December 31, 2015. This Agreement shall remain in Wed for enforcement, indemnity and accounting purposes following the expiration of the Term. SECTION 10. This Agreement shall be binding upon and inure to the benefit of the Taxing Bodies and Fabrik (unless Fabrik and Taxing Bodies agree otherwise in writing). Any notices required or contemplated by this Agreement shall be sent by certified mail or via a nationally -recognized private carrier (such as Fed Ex or UPS), as follows: If to Fabrik: If to the City: If to McHenry County: Fabrik Industries, Inc. 5213 Prime Parkway McHenry, IL 60050 Attention: Keith Wagner City of McHenry 333 S. Green Street McHenry, IL 60050 Attention: City Administrator McHenry County Administration Offices 667 Ware Road Woodstock, IL 60098 Attention: McHenry County Administrator If to McHenry District 150 If to McHenry District 156: If to Nunda Township: If to Nunda Township Road and Bridge District: Commissioner If to Nunda Township Cemetery: If to McHenry County College District 528: McHenry School District 15 1011 N Green Street McHenry, IL 60050 Attention: Superintendent McHenry School District 15 McHenry High School District 156 4716 W Crystal Lake Road McHenry, IL 60050 Attention: Superintendent McHenry School District 15 Nunda Township Supervisor 3510 Bay Road Crystal Lake, IL 60012 Attention: Nunda Township Supervisor Nunda Township Highway 3510 Bay Road Crystal Lake, IL 60012 Attention: Nunda Township Highway Commissioner Nunda Township Cemetery 3510 Bay Road Crystal Lake, IL 60012 Attention: President Nunda Township Cemetery McHenry County College Administrative Office 89 )0 U.S. Highway 14 Crystal Lake, IL 60012-2761 Attention: President McHenry County College r� If to McHenry County Conservation District: If to McHenry Township Fire Protection District: If to McHenry Public Library District: McHenry County Conservation District 18410 U.S. Highway 14 Woodstock, IL 60098 Attention: Executive Director McHenry County Conservation District McHenry Township Fire Protection District 3610 W Elm Street McHenry, IL 60050 Attention: Chief McHenry Township Fire Protection District McHenry Public Library District 809 N Front Street McHenry, IL 60050 Attention: Executive Director McHenry Public Library District SECTION 11. 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. SECTION 12. 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 attorneys fees from the other party. SECTION 13. Fabrik agrees to indemnify, defend, and hold harmless the Taxing Bodies, their elected officials, 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 this Agreement including but not limited to all applicable local, state and federal laws SECTION 14: This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between Fabrik and the Taxing Bodies relative to the property tax abatement 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 Fabrik and the Taxing Bodies. SECTION 15. The terms of this Agreement shall be severable. In the event any of the terms or provision of this Agreement are deemed to be void or otherwise unenforceable for any reason, then such provision shall be modified to the minimum extent necessary to make it enforceable and the remainder of this Agreement shall remain in full force and effect. City of McHenry Susan E. Low, Mayor Attest: Janice C. Jones, City Clerk Fabrik (Seth Wagner and Associates Real Estate Company) Inc. Attest: tries, McHenry County Name: Signature: Title: Date: Attested: Date: m McHenry District 15 Signature: Title: Date: Attested: Date: 11 McHenry District 156 Name: Signature: Title: Date: Attested: Date: 12 Nunda Township Name: Signature: Title: Date: Attested: Date: 13 Nunda Township Road and Bridge f►1TiT� Signature: Title: Date: Attested: Date: 14 Nunda Township Cemetery Name: Signature: Title: Date: Attested: Date: 15 McHenry County College District 528 f►ETiT Signature: Title: Date: Attested: Date: 16 McHenry County conservation District Name: Signature: Title: Attested: Date: 17 McHenry Township Fire Protection District Name: Signature: Title: Date: Attested: Date: McHenry Public Library District Signature: Title: Date: Attested: Date: 19 Exhibit A Legal Description of Existing Property (5213 Prime Parkway) LOTS 50 THRU 55 IN MCHENRY CORPORATE CENTER UNIT II, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 9 AND PART OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 26, 1990 AS DOCUMENT NO, 901139931 IN MCHENRY COUNTY, ILLINOIS 20 Exhibit B Legal Description of the Subject PropertV (1515 Miller Parkway) LOT$ MI5 THRU A9 IN MCHI?NRY CORPOItA'l'l CENTER UNIT' II, I3BING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 9 AND PART OF THE NOR'I'HWLS`I' QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF viR THIRD PRINCIPAL. MERIDIAN, ACCORDING TO THE PLAT TITEREOF RECORDED OCTOBER 26, 1990 AS DOCUMENT NO. 901 39939 IN MCI-IENRY COUNTY, ILLINOIS. 21 Exhibit C 2014 Base Property Taxes for the Subject Property Taxing Districts Tax Rate 1515 Miller Parkway McHenry County lo14122 $4,512 Nunda Township Cemetery 0.002036 $8 McHenry County Conservation District 0.283996 $1,123 McHenry County College District 0.445272 $1,760 McHenry Elementary District 15 5*850754 $23,132 McHenry High School District 156 2.886732 $11,413 McHenry Township Fire Protection District 0.62785 $2,482 McHenry Library District 0.383963 $1,518 Nunda Township 0*117836 $466 Nunda Township Road and Bridge 0*338027 $1,336 City of McHenry 0.874808 $3,459 Total 12.952494 $51,209 22 BA IN 1 11011 mc^nv or viic rax mfca AGENDA SUPPLEMENT TO: Mayor and City Council FOR: July 6, 2015 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development 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 RE: Conditional use permit to allow an assembly use (educational institution) and proposed addition of approximately 11,200 square feet for the property located at 701 N Green Street (Edgebrook Elementary School) ATT: 1. Location Map 2. Photograph of Proposed Addition Location 3. Unapproved Planning and Zoning Commission Minutes dated June 17, 2015 4. Ordinance approving a conditional use permit to allow an assembly use (educational institution) and proposed building addition of approximately 11,200 square feet for the property located at 701 N Green Street 5. Application Packet BACKGROUND AND DESCRIPTION OF REQUEST: A couple of months ago McHenry Elementary School District 15 received zoning approval, in the form of conditional use permits, from the City Council to expand two schools: Chauncey H. Duker Middle School and Hilltop Elementary School. This is part of the district's long-range plan to remove mobile classrooms at all of its schools and construct permanent building additions. The City's zoning ordinance classifies schools as assembly uses, and assembly uses are conditional uses in all residential zoning districts. The subject of this petition is an approximately 11,200 square -foot addition to the southwest corner of Edgebrook School as depicted on the attached site plan. This addition is located on property zoned RS-3.The subject property contains several parcels which are zoned RS-3 Medium -High Density Single -Family Residential and RS4 High -Density Single -Family Residential and contains Chauncey H. Duker School as well as Edgebrook Elementary School, mobile classrooms, parking, a maintenance building, ball fields, playground and green space areas. On March 2, 1988 the City Council approved an ordinance granting a conditional use permit to allow expansions to both Edgebrook Elementary and McHenry Middle Schools. In 1996 two 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 additional ordinances were approved: the first of which granted a variance to allow four principal buildings on one zoning lot and the second permitting a conditional use permit to aHow the operation/expansion of an educational facility for McHenry Middle School, now known as Chauncey H. Duker Middle School. An assembly use is defined as: 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. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval (5-0) of an application for a conditional use permit to allow an assembly use (educational institution) and proposed addition totaling approximately 11,200 square feet with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated May 13, 2015, and any variances required to effectuate the aforementioned request on the subject property located at 701 N. Green St., McHenry, IL (Edgebrook School) as presented. If the City Council concurs with the Planning and Zoning Commission it is recommended the attached ordinance granting a conditional use permit to allow an assembly use (educational institution) and proposed addition of approximately 11,200 square feet for the property located at 701 N Green Street be approved. p womb N DRIVE G�c` +MEADOWLANE L-+- �+ —1- VENUE—j _ --- , tee tee _ _ �. • II E +++mOROVEAVENl1E_ _h O --� qiw N iREET 77 i 1 It i We ,W --sTIM47HYN ',r .� .- �— ic FAWN ■ &A r. 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 Location of Addition at Edgebrook Elementary School low - _ ;4 MW r- 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: McHenry Elementary School District 15 File No. Z-862 701 N. Green Street Conditional Use Permit to allow an assembly use (educational institution) and proposed addition totaling approximately 11,200 square feet and any variances required to effectuate the aforementioned request (Edgebrook School) Chairman Strach called the Public Hearing to order at 735regarding File No Z- 862, an application for a conditional use permit to allow Cl" assembly use (educational institution) and proposed addition totaling approximately 11,200 square feet and any variances required to effectuate the aforementioned request on the subject property as submitted by McHenry Elementary School District 15 for the property located at 701 N. Green St., McHenry, IL (Edgebrook School). Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on June 2, 2015. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance were: Mark Bertolozzi, McHenry School District 15 CFO, 1011 N. Green St. McHenry IL 60050 Alan Hoffman, McHenry School District 15 Superintendent, 1011 N. Green St, 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 Bill Strejc, Engineer, Arcon Associates, 2050 S. Finley Rd., Lombard, IL 60148 who were sworn in by Chairman Strach. Mr. Bertolozzi provided a summary of the request before the Commission at this Hearing stating a conditional use permit is being requested to build a 11,200 sq. ft. addition. Three mobile classrooms will be demolished and the addition will house new classrooms. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property contains several parcels which are zoned RS-3 Medium -High Density Single -Family Residential and RS-4 High -Density Single -Family Residential and contains Chauncey H. Duker School as well as Edgebrook Elementary School, mobile classrooms, parking, a maintenance building, ball fields, playground and green space areas. The subject of this petition is an approximately 11,200 square -foot addition to the southwest corner of Edgebrook School, replacing three mobile classrooms. This addition is located on property zoned RS-3. Mr. Martin further stated that on March 2, 1988 the City Council approved an ordinance granting a conditional use permit to allow expansions to both Edgebrook Elementary and McHenry Middle Schools. In 1996 two additional ordinances were approved: the first of which granted a variance to allow four principal buildings on one zoning lot and the second permitting a conditional use permit to allow the operation/expansion of an educational facility for McHenry Middle School, now known as Chauncey H. Duker Middle School. A couple of months ago McHenry Elementary School District 15 received zoning approval, in the form of conditional use permits, from the City Council for two schools: Chauncey H. Duker Middle School and Hilltop Elementary School. This is part of the district's long-range plan to remove mobile classrooms at all of its schools and construct permanent building additions. Although a conditional use permit was previously obtained for Edgebrook School the zoning ordinance requires any addition, expansion or structural alteration to property with an existing conditional use permit to obtain an additional conditional use permit. Additionally the conditional use permit obtained in 1988 was for an expansion to Edgebrook School. There will be no additional parking required and the occupant load of the facility will not change as a result of the addition. Staff believes this will not adversely impact neighboring properties or public safety and health. The actual building plans will be reviewed by the Regional Superintendent of Education's Office, however, the City will be required to issue 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 stormwater permit following consideration of the zoning request by the Planning and Zoning Commission and pending City Council approval of the request. Staff is recommending approval of a conditional use permit to allow an assembly use (educational institution) at 701 N Green Street with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated May 13, 2015. Staff finds the requirements of Table 31 of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Nadeau asked if the mobile classrooms could be recycled and sold to another school district. District 15 Superintendent Hoffman replied they are all very old and unstable and the State has actually wanted them to remove the mobile classrooms for many years. Commissioner Doherty asked if the school district has received any comments, negative or positive, from parents. Mr. Bertolozzi and Mr. Hoffman both replied they are unaware of any negative correspondence but have received many positive responses in scheduled meetings they've had with parents. Commissioner Thacker inquired when construction would begin. Mr. Bertolozzi replied construction on these buildings will most likely start in September and be complete by next May. The requests submitted previously for the other two schools are starting now. Commissioner Nadeau inquired if there are any rain, water, or detention concerns with this request. Director of Economic Development Martin replied there are no additional impervious surfaces and those situations will be monitored.. Chairman Strach opened the floor to questions and comments from the audience. Mr. Tom Uttich, 712 Green St., McHenry, IL stated he was hopeful no changes will be made to the present freestanding sign at Edgebrook school. Mr. Bertolozzi replied no changes to the sign are planned at this time. Chairman Strach closed the public comment portion of the hearing at 7:41 p.m. Motion by Nadeau, seconded by Bromley, to recommend to the City Council with regard to File No. Z-862, an application for a conditional use permit to allow an assembly use (educational institution) and proposed addition totaling approximately 11,200 square feet with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated May 13, 2015, and any variances required to effectuate the aforementioned request on the subject property located at 701 N. Green St., McHenry, IL (Edgebrook School) as presented by 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 McHenry Elementary School District 15 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-862 at 7:45 p.m. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 15- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE (EDUCATIONAL INSTITUTION) AND BUILDING ADDITION ON THE PROPERTY LOCATED AT 701 N GREEN STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by McHenry Elementary School District 15, 1011 N Green Street McHenry, IL 60050 ("Applicant and Owner") requesting a Conditional Use Permit to allow an assembly use (educational institution) on the property legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on 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 (educational institution) and proposed building addition of approximately 11,200 square feet with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated May 13, 2015 attached hereto and incorporated herein as Exhibit "B". 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 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. 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF AYES: NAYS: ABSTAINED: 2015 ABSENT: NOT VOTING: APPROVED THIS 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 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property 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 McHenry Elementary School District 15 www.dl5.org NARRATIVE DESCRIPTION A Conditional Use Permit is being requested to construct a new 11,200 SF addition to the existing Edgebrook School.' Three (3) mobile classrooms, currently in use for education purposes, will be demolished on the west side of the building to make room for the new addition. The addition will be used to house Classrooms. AFFIDAVIT OF COMPLIANCE WITH PUBLIC NOTICE REQUIREMENTS (TO BE COMPLETED AFTER ALt PUBLIC HEARING REQUIREMENTS ARE FULFILLED) The undersigned, being first duly sworn, on oath deposes and states that all public notice requirements provided in the City of McHenry Zoning Ordinance have been met in connection with the current application before the City of McHenry Filed by: (Applicant's Name and Address) McHenry Elementary School District 15 For approval of: (Requested Action) 1011 North Green Street McHenrv. IL 60050 Conditional Use Permit Addition at Edgebrook School a (Applicant's Signature) McHenry Elementary School District 15 (Applicant's Name and Address). 1011 North Green St., McHenry, IL 60050 Subscribed and sworn to before me this � day of _ �„L_ _, 2015. �i� (i�,,n inn .� � ' �a�,� Notary Public V V f�FF(GIAL SEAL M�iRION M SCNAEFFER NOTARY PUBLIC - STATE OF iLLIN0IS MY COMMISSION EXPIRES:O7/12/15 PUBLIC HEARING REQUIREMENTS REVISED 1/6/15 L 2. 4. 5 FORM:A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number Z-862 333 South Green Street °McHenry, IL 60050 °Tel: (815) 363-2170'° Fax: (815) 363-2173 Name of Applicant McHenry Elementary School District 15 Tel 815,38567210 Address 1011 North Green Street Fax 815.344.7121 City McHenry State IL Zip 60050 Name of Property Owner Tel (If other than Applicant) Address Fax City State Zip Name of Engineer ARCON Associates, Inc. Tel 630.495.1900 (If represented) Address 2050 South Finley Road Suite 40 Fax 708.328.6325 it Lombard State IL Zip 60148 Name of Attorney Tel (If represented) Address Fax Common Address or Location of Property 701 North Green St, Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) X Conditional Use Permit Zoning Variance Other McHenry, IL 60050 Zoning Variance —Minor a, Zoning Text Amendment Use Variance `Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or sI ngle-family detached or attached building lot for that dwelling or lot. FORM A Page 1 of 3 7. Current Use of Property Education 8. Current Zoning Classification of Property, Including Variances or Conditional Uses RS - 3, Medium -High -Density Single -Family Residential District 9. Current Zoning Classification and Land Use of Adjoining Properties North: RM - 2, High -Density Mufti -Family Residential District South: RS - 3 Medium -High -Density Single -Family Residential District East: RS - 4, High -Density Single -Family Residential District West: RS - 4, High -Density Single -Family Residential District 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to deternune the required attachments. X 1. Application Fee (amount) $ 950 X 2. Narrative Description of Request X 3. FORM A — Public Hearing Application 4, FORM B — Zoning Map Amendment (Rezoning) Application X 5. FORM C — Conditional Use Application 6, FORM D — Zoning Variance Application 7, FORM E — Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties X 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. 'Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis 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 Applicants) Print Name and Designation of Applicants) FORM A Page 3 of 3 FORM C File Number Z-862 CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street � McHenry, 1L 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 Table 31 of the City of McHenty Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates toyour request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. YES, there will be no adverse impact on traffic. The new addition will replace the existing mobiles. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. YES, the adverse effects of noise, glare, odor, dust, waste diposal, and blockage of light or air have been appropriately controlled. The new addition and existing building will continue to be used for educational 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. YES, the proposed addition will fit harmoniously with the existing building and neighborhood. The new addition will be constructed of materials similar to the existing building and will blend with the existing neighborhood and environment. FORM C Page 1 of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. YES the proposed addition will not require a disproportionate demand or burden on existinq community facilities or services. The occupant load will not be increased due to the proposed addition- 5. Publie Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. YES, the proposed addition will be an extension of the existing building in appearance and usage. Its function will not be detrimental to the safety or health of its users or the general public. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. YES, the proposed addition will harmonize with the existing school building in appearance and e pertinent to the Conditional Use Permit, FORM C Page 2 of 2 LEGENIJ p .. .. o --4 �.• A..... r .� �. TUNn °ff W Mf155 txl�lq TO CEMIFY TNM W[BSi£P.IYDPaTH MD A4IEEPD.ITRNNE VAl, E A .fUR/[l CF T { pgppEgLY DESLNBfO IN THE A&V[ CWlp.V.Af SYO iOINOGRA MHEFEJ PLAT.NNBN IS A [ON[Ci MO iPVE P[PRESfMAipN N Mx.CA sulHn. ALL GSTN%'ES ME SNMN IN FEET MID IWCAM 3THEPFBF. OVEM1' UAOEA AT HMO MO SEAL /r NHEAROII,IU)ME rig; III OAr No .UU.ACBN. f p�.A Wt WE/BSTF�v.L�RATH/(AND A�4IH CRUULIB �� w" P„IILWS/IS-GAD SU,RVEIVR Ml. f—m �. ET OUT OaJw. �AviS AX 6:117603 '"miFmiO�p� TOPOGRAPHIC SURVEY "IIMJ LL IN BI(YF SIOl51.29 MO b O "' 41Dt /(EFLPt THE IKST M PEFT TNEPFNFI IN RIPX TAl OF Sax A.lOfS L2SA.5 MO 61X BIfCR ILMO l0l IW BV4t ❑.AVry WATTLES SELAVD ADD, S TB rcNENPY.BFIAV A SYOONSpN W PNR OF THE ApRlHNESi WAMFA OF SELTAII, AETDUCED ANK LOMAS OAYIVEM' •17I NOv i� 5POF P AF&PACEMW5#E HMW =1 TO THE UTAREREOF WETNEP .,tN, EU M12 fESCFM Wirt PAtt LYING EAST OFTHE WEST VNE AND DS EXHAUST EIlENSAN OF lMOS DESCRIBED IN Oto CLOY DEED RECDROEO AHROW &M AYD RECORDED M CCCI 10055511N COUNTY ATROON PEA ROETHE YROT EGGS AS SECTM I MZ IH VY SNMSCOSM ILNUS. dfIST ? THE THIRD PRMIPK FLOOD STATEMENT THE ABOVE PROPERTY IS WITHIN ZONE C -AREA OF NIMAL FLOODING - FEET O THE NOTED REGION �IiCH WMCTH IS IN ZONE B N AREA BETWEENF LIMITS AOF OD -YEAR MID S500-YEAR FLOOD. OR CERTAIN AREAS 0UBJELi TO -YEM FLOODING WITH AVERAGE DEPTHS DRAINAGE AN EIS LESS THANEONETSOLARETAILE, OR ZOIVE5BP 50i HOWN H"AEON LEVEES SAILED FROMF OODDD, i]DYB N00 3A D, WITH ANR EFFECTIVE I DATEAOF J,ULYB 9R, 1901. UTILITY NOTE U ILITIES SHOWN anE RASED ON COFIBINATIDN COM�MIYITELAGS ERIMID PAINT CMMHSAPAND �SHOULD ITY NOi NFCf55ARE.Y BE CONSIDERED COMPLETE. EASEMENT NOTE oISCE[SIEIiWHODLUAIENTS PROVI FOLBTTiHEEOWRIER. �I A 0 rIN�11 y( S A , y- titr�m, Adjacent Properties - Edgebrook Edgebrook Elementary School Parcel : 09 -3 5 -179 -008 Site Address: 3711 KANE AVE Owner Address: 4716 W. CRYSTAL LAKE RD City: MCHENRY, IL 60050 Owner: MC COMM CONS SCHOOL #15 Parcel: 09-35-133-047 Owner Address: 4716 W. CRYSTAL LAKE RD City: MCHENRY, IL 60050 Owner: CO BD OF SCHOOL TRS DIS 156 Parcel: 09-35-176-024 Owner Address: 4716 W. CRYSTAL LAKE RD City: MCHENRY, IL 60060 Owner: MCH CO BD OF SCHL TR DIST 156 Parcel: 09-35-134-019 Site Address: 3702 KANE ST City: MCHENRY, IL 60050 Owner: CHARLES GENE ABEL Parcel: 09-35-179-002 Owner Address: 1011 N GREEN ST City: MCHENRY, IL 60050 Owner: MCHENRY COMM CONS SCH DIST 15 Parcel: 09-35-179-003 Owner Address: 1 O11 N GREEN ST City: MCHENRY, IL 60050 Owner: MCHENRY COMM CONS SCH DIST 15 Parcel: 09-35-179-004 Owner Address: 1011 N GREEN ST City: MCHENRY, IL 60050 Owner: MCHENRY COMM CONS SCH DIST 15 Parcel: 09-35-179-005 Owner Address: 1011 N GREEN ST City: MCHENRY, IL 60050 Owner: MCHENRY COMM CONS SCH DIST 15 Parcel: 09-35-179-006 Owner Address: 1011 N GREEN ST City: MCHENRY, IL 60050 Owner: MCHENRY COMM CONS SCH DIST 15 Parcel: 09-35-179-007 Owner Address: 3926 W MAIN ST City: MCHENRY, IL 60050 Parcel: 09-35-180-005 Owner Address: 4716 W CRYSTAL LAKE RD City: MCHENRY, IL 60050 Owner: CO BD OF SCHOOLS TRS TWP Parcel: 09-35-180-006 Site Address: 607 N GREEN ST City: MCHENRY, IL 60050 Owner: TODD JAMIE SCHROLL Parcel: 09-35-180-019 Site Address: 605 N GREEN ST Site Address City: MCHENRY, IL 60050 Owner: MARIE T TR WILT Parcel: 09-3 5-180-016 Owner Address: 3926 W MAIN ST City: MCHENRY, IL 60050 Parcel: 09-35-326-016 Site Address: 3612 ANNE ST Site Address City: MCHENRY, IL 60050 Owner Address: 2132 AZALEA CT City: ROUND LAKE, IL 60073 Owner: SUKNIYOM KRITI & KAEWNOPPARAT SIRIPHOTE Parcel: 09-35-326-015 Site Address: 3702 ANNE ST Site Address City: MCHENRY, IL 60050 Owner: MICHAEL JENNIFER SCHULTZ Parcel: 09-35-326-0 l 4 Site Address: 3704 ANNE ST Site Address Cify: MCHENRY, IL 60050 Owner: WILLIAM H ROSE M MERKEL Parcel: 09-35-326-0 l 3 Site Address: 3706 W ANNE ST Site Address City: MCHENRY, IL 60050 Owner: BRIAN ROHRER Parcel: 09-35-32b-012 Site Address: 3708 ANNE ST Site Address City: MCHENRY, IL 60050 Owner: MARK L JAMIE L UHLKEN Parcel: 09-35-326-011 Site Address: 3710 ANNE ST Site Address City: MCHENRY, IL 60050 Owner: DANIEL E KIMBERLY M RYAN Parcel: 09-35-326-010 Site Address: 3712 W ANNE ST Owner: GERARD K & MARY J JUSTEN Parcel: 09-35-157-017 Owner Address: 4716 W. CRYSTAL LAKE RD City: MCHENRY, IL 60050 Owner: CO BD OF SCHOOL TRS Parcel: 09-35-178-0 l 2 Owner Address: 4716 W. CRYSTAL LAKE RD City: MCHENRY, IL 60050 Owner: CO BD OF SCHOOL TRS Parcel: 09-35-178-011 Owner Address: 101 1 GREEN ST City: MCHENRY, IL 60050 Owner: CO BD OF SCHOOL TRS DIST 15 Parcel: 09-35-i 77-009 Site Address: Vacant lot - no address Site Address City: MCHENRY, IL 60050 Owner Address: None provided Owner: WILLIAMS D A FRY R J Parcel: 09-35-177-006 Site Address: 3801 W KANE ST Owner: MCHENRY COMM CONS SCH DIST 15 Owner Address: 1011 GREEN ST City: MCHENRY, IL 60050 1i�l'VArS McHenry Elementary School District 15 PUBLIC HEARING NOTICE FILE Z-862 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050 at 7:30 P.M. on June 17, 2015 to consider an application by the McHenry Elementary School District 15, Administrative Offices, 1011 North Green Street, McHenry, Illinois 60050, also property owners, for the following request in accordance with the City of McHenry Zoning Ordinance: EDGEBROOK SCHOOL ADDITION Conditional Use Permit to allow assembly use (educational/institutional) and any variances required to effectuate the aforementioned. The property consists of 17.5 acres more or less, and is located at 701 North Green Street, which is generally located south of McCracken Field and east of Duker School. PIN: 09 35 179 008 The property is currently zoned RS-3 Medium -High Density Single -Family Residential. A copy of the application is on file and may be examined during regular business hours in the City Clerk's Office, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, and (815) 363-2100. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois /s/ Shawn Strach Chairman, Planning and Zoning Commission gI e I o — 1 r ----- --- ----------' -------- -- —--------- — -- --_��-------- 'd� QRCON I I 2050zuuthllnizl nzto \ 11n Unit � \\\\\\\\\\lll \ foA90.9oo F6 *PFOcuz mm o II ie NEW ADDITIONS & 1 - REMODELING ❑1 1 1I"fir ✓ � II i \ nl / ]offO North b..n eE l EDGEBROOK SCHOOL and f i \ FIN. FLR. ELEVATION: YAueY \ MMoral H MH WM Oub txo, Nwt.nv. 1L MmMH 1 I I t v II __ I I 1 �I for the BOMB of MUCATION � � '� 0 Mellon ry Ebm.nlrIF - - I I I I MMoal Olytrint 16 LJ I .. Hit N. Cron CO. y McHenMcHenry. Imm s _ u I .� PROPOSED ADDITION I I _ li CP 11 y200 SF Fire IF � ' I I i��i11 L__ =-- , -1-� — -- ,—� fi x re If If ttt I_ 1 �) �- 1 IF, I_ IIF EDGEBROOK I __�if j — nermronn <� �I � 1 I� 1 ro .r II 606U N nu.Occur SITE PLAN I NAY Ur 2016 (/-��� Brown byl clan II MMa OF I SITEEGEPLAN - 1 i r DBROOK I 1 , ! ut umu0r =III C0.1 —' Ism --IF,---------------------------------� ------------------- SHAW MEDIA PO BOX 250 CRYSTAL LAKE IL 60039-0250 ORDER CONFIRMATION Salesperson: ANNA WAKITSCH ------------------------------ Acct #: 100509 SCHOOL DIST 15/MCH ELEM 1011 NORTH GREEN ST MCHENRY IL 60050 Contact: MARION SCHAEFFER Phone. (815)385-7210 Fax#: Email: mschaeffer@dl5.org Agency. Printed at 06/01/15 09:26 by awaki --------------------------------------- Ad #: 1071561 Status: N Start: 06/02/2015 Stop: 06/02/2015 Times Ord: 1 Times Run: *** STD 1.00 X 67.00 Words: 224 Total STD 67.00 Class: 8100 PUBLIC NOTICES Rate: LEGAL Cost: 102.10 # Affidavits: 1 Ad Descrpt: EDGEBROOK HEARING Z-862 Given by: MARION SCHAEFFER Created: awaki 06/01/15 09:22 Last Changed: awaki 06/01/15 09:25 Source. Section: Page: _ Camera Ready: N Group: LEGALS AdType. Misc: Color: Proof. Pickup Date: Ad#: Delivery Instr: Gang Ad #: Changes: None _ Copy _ Art _ Size _ Copy Chg Every Run Coupon: Special Instr. COMMENTS: COPIED from AD 1039698 -------------------------------------- PUB ZONE ED TP START INS STOP NW CL 97 S 06/02 WEB CL 99 S 06/02 APNW CL 97 S 06/02 --------.......... ----------....... --- -------------- SMTWTFS (CONTINUED ON NEXT PAGE) SHAW-MEDIA PO BOX 250 CRYSTAL LAKE IL 60039-0250 ORDER CONFIRMATION (CONTINUED) Salesperson: ANNA WAKITSCH Printed at 06/01/15 09:26 by awaki ------............ -----------------........... --------------------------- Acct #: 100509 Ad #: 1071561 Status: N PUBLIC NOTICE PUBLIC HEARING NOTICE FILE Z-862 Notice is hereby given that the Gity of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050 at 7:30 P.M. on June 17, 2015 to consid- er an application by the McHenry Elementary School District 15, Ad- ministrative Offices, 1011 North Green Street, McHenry, Illinois 60050, also property owners, for the following request in accordance with the City of McHenry Zoning Or- dinance: EDGEBROOK SCHOOL ADDITION Conditional Use PermB to allow as- semblyuse (educational/institution- al) and any variances required to effectuate the aforementioned. The property consists of 17.5 acres mare or less, and is located a1701 North Green Street, which is gener- ally located south of McCracken Field and east of Duker School. PIN: 09 35 179 008 The property is currently zoned RS- 3 Medium -High Density Single - Family Residential, A copy of the application is on file and may be examined during regu- larbusiness hours in the Cily Clerk's Office, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, and (815) 363-2100. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois /s/Shawn Strach Chairman, Planning and Zoning Commission (Published in the Northwest Herald June 2, 2015,) NW 6665 6/1/2015 ,. IMG 3119.JPG _1 _-- .'. hops://mail.google.com/ /scs/mail-static/ fs/k=gmail.main.en.dfOB5ybv9ic.0/m=m_i,t(am=PiMawJ2M-4MYY5ZZ-gLF v33s0ulnRxe1UcY8JKdAvi 2f8D-DW... 1/1 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 FOR: July 6, 2015 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Conditional use permit to allow an assembly use (educational institution) and building additions totaling approximately 14,130 square feet including a parking lot expansion at 6515 Illinois Route 120 as presented ATT: 1. Location Map 2. Photograph of Proposed Building Addition and Parking Lot Expansion Areas 3. Unapproved Planning and Zoning Commission Minutes dated June 17, 2015 4. Ordinance approving a conditional use permit to allow an assembly use (educational institution) and proposed building additions consisting of approximately 14,130 square feet and a parking lot expansion for the property located at 6515 Illinois Route 120 5. Application Packet BACKGROUND AND DESCRIPTION OF REQUEST: A couple of months ago McHenry Elementary School District 15 received zoning approval, in the form of conditional use permits, from the City Council to expand two schools: Chauncey H. Duker Middle School and Hilltop Elementary School. This is part of the district's long-range plan to remove mobile classrooms at all of its schools and construct permanent building additions. The subject of this request, is at Valley View Elementary School located at 6515 Illinois Route 120 adjacent to the gravel pit/mining operation. The City's zoning ordinance classifies schools as assembly uses, and assembly uses are conditional uses in all residential zoning districts. An assembly use is defined as: 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. 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 ANALYSIS: While the Valley View property was annexed to the City of McHenry in the year 2000 a conditional use permit was never obtained so one is being requested at this time. Two building additions are proposed to replace a total of seven mobile classrooms and 46 parking spaces are being added at the northeast part of the site. Staff believes the additions will not adversely impact neighboring properties or public safety and health. The actual building plans will be reviewed by the Regional Superintendent of Education's Office, however the City will be required to issue a stormwater permit for the building additions and parking lot expansion, following consideration of the zoning request by the Planning and Zoning Commission and pending City Council approval of the request. View looking south from Illinois Route 120 at Valley View Elementary School (arrow points proposed 9,850 square foot building addition) 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 south from Illinois Route 120 at Valley View Elementary School (arrow points proposed 4,280 square foot building addition) View looking south from Illinois Route 120 at Valley View Elementary School (arrow points to proposed parking lot expansion area) PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval (5-0) of an application for a conditional use permit to allow an assembly use (educational institution) and proposed building additions totaling approximately 14,130 square feet, with the conditions the site is developed in substantial conformance with the site plan prepared by Arcon dated May 13, 2015, and a parking lot expansion, with the condition the parking lot expansion complies with the City's off-street parking and loading ordinance (space/aisle dimensional specifications) as well as the Illinois Accessibility Code which 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 dictates number of handicapped accessible spaces which will be required and how these spaces are configured, striped and signed, and any variances required to effectuate the aforementioned request on the subject property located at 6515 Illinois Route 120 as presented. If the City Council concurs with the Planning and Zoning Commission it is recommended the attached ordinance granting a conditional use permit to allow an assembly use (educational institution) and proposed building additions totaling approximately 14,130 square feet with the conditions the site is developed in substantial conformance with the site plan prepared by Arcon dated May 13, 2015, and a parking lot expansion, with the conditions the parking lot expansion complies with the City's off-street parking and loading ordinance (space/aisle dimensional specifications) as well as the Illinois Accessibility Code which dictates number of handicapped accessible spaces which will be required and how these spaces are configured, striped and signed for the property located at 6515 Illinois Route 120 be approved. 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: 6515 Illinois Route 120 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 Proposed Location of Building Additions (Blue) and Parking Lot Expansion Area (Green) at Valley View Elementary School 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: McHenry Elementary School District 15 File No. Z-863 6515 Illinois Route 120 Conditional Use Permit to allow an assembly use (educational institution) and proposed additions totaling approximately 14,130 square feet, a parking lot expansion and any variances required to effectuate the aforementioned request (Valley View School) Chairman Strach called the Public Hearing to order at 7:46 p.m. regarding File No Z- 863, an application for a conditional use permit to allow an assembly use (educational institution) and proposed addition totaling approximately 14,130 square feet, a parking lot expansion and any variances required to effectuate the aforementioned request on the subject property as submitted by McHenry Elementary School District 15 for the property located at 6515 Illinois Route 120., McHenry, IL (Valley View School). Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on June 2, 2015. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance were: Mark Bertolozzi, McHenry School District 15 CFO, 1011 N. Green St. McHenry IL 60050 Alan Hoffman, McHenry School District 15 Superintendent, 1011 N. Green St. 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 Bill Strejc, Engineer, Arcon Associates, 2050 S. Finley Rd., Lombard, IL 60148 who were sworn in by Chairman Strach. Mr. Bertolozzi provided a summary of the request before the Commission at this Hearing stating a conditional use permit is being requested to build a 14,130 sq. ft. addition. Seven mobile classrooms will be demolished and the addition will house new classrooms. A parking lot expansion is also proposed. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject of this petition is two proposed building additions totaling approximately 14,130, as well as a 46 space parking lot expansion. A 4,280 square -foot addition is proposed at the northeast corner of the school as well as a 9,850 square -foot addition at the southwest part of the school and the parking lot expansion is proposed at the northeast corner of the property as depicted on the site plan. McHenry Elementary School District 15 is currently in the process of a long-range plan to remove mobile classrooms at all of its schools by adding building additions. The first two additions were already approved, at Chauncey H. Duker Middle School and the second at Hilltop Elementary School. The proposed addition, which is the subject of this request, is at Valley View Elementary School on Illinois Route 120 adjacent to the gravel pit/mining operation. The City's zoning ordinance classifies schools as assembly uses, and assembly uses are conditional uses in all residential zoning districts. While the Valley View property was annexed to the City of McHenry in the year 2000 a conditional use permit was never obtained so one is being requested at this time. Two building additions are proposed to replace a total of seven mobile classrooms and 46 parking spaces are being added at the northeast part of the site. Staff believes the additions will not adversely impact neighboring properties or public safety and health. The actual building plans will be reviewed by the Regional Superintendent of Education's Office, however, the City will be required to issue a stormwater permit for the building additions and parking lot expansion following consideration of the zoning request by the Planning and Zoning Commission and pending City Council approval of the request. Staff is recommending approval of a conditional use permit to allow an assembly use (educational institution) at 6515 Illinois Route 120 with the conditions the site is developed in substantial conformance with the site plan prepared by Arcon dated May 13, 2015 and the parking lot expansion complies with the City's off-street parking and loading ordinance (space/aisle dimensional specifications) as well as the Illinois Accessibility Code which dictates 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 number of handicapped accessible spaces which will be required and how these spaces are configured, striped and signed. Staff finds the requirements of Table 31 of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Bromley noted the plans depict four new mobile classrooms on the property and inquired if that was correct. Mr. Bertolozzi responded the new mobile classrooms are temporary and need to be used for classroom space only while construction is in progress. Commissioner Doherty inquired whether the student growth rate for the last 10 years has gone up or down. Superintendent Hoffman stated it has generally declined but this particular school has remained stable. Commissioner Nadeau began a discussion on construction being disruptive to student learning and safety of the students during recess etc. Mr. Strejc responded highlighting their plan to keep student disruption at a minimum. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:50 p.m. Motion by Bromley, seconded by Thacker, to recommend to the City Council with regard to File No. Z-863, an application for a conditional use permit to allow an assembly use (educational institution) and proposed addition totaling approximately 14,130 square feet, with the conditions the site is developed in substantial conformance with the site plan prepared by Arcon dated May 13, 2015, and a parking lot expansion, with the condition the parking lot expansion complies with the City's off-street parking and loading ordinance (space/aisle dimensional specifications) as well as the Illinois Accessibility Code which dictates number of handicapped accessible spaces which will be required and how these spaces are configured, striped and signed, and any variances required to effectuate the aforementioned request on the subject property located at 6515 Illinois Route 120., McHenry, IL (Valley View School) as presented by applicant McHenry Elementary School District 15, 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. 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 Abstaining: None. Absent: Vallez, Sobotta. Motion carried 5-0. Chairman Strach closed the Public Hearing regarding File No. Z-862 at 7:52 p.m. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 15- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE (EDUCATIONAL INSTITUTION), BUILDING ADDITIONS AND PARKING LOT EXAPNSION ON THE PROPERTY LOCATED AT 6515 ILLINOIS ROUTE 120 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 McHenry Elementary School District 15, 1011 N Green Street McHenry, IL 60050 ("Applicant and Owner") requesting a Conditional Use Permit to allow an assembly use (educational institution) on the property legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on 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 Cl"d 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, ILLINOISI AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY is hereby granted a conditional use permit to allow an assembly use (educational institution) and proposed building additions totaling approximately 14,130 square feet, with the conditions the site is developed in substantial conformance with the site plan prepared by Arcon dated May 13, 2015, and a parking lot expansion, with the conditions the parking lot expansion complies with the City's off-street parking and loading ordinance (space/aisle dimensional specifications) as well as the Illinois Accessibility Code which dictates number of handicapped accessible spaces which will be required and how these spaces are configured, striped and signed attached hereto and incorporated herein as Exhibit "B". 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 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. 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided bylaw. PASSED THIS DAY OF . 2015 AYES: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS 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 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property 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 1 P McHenry Elementary School District 15 '0p 1011 N. Green Street, McHenry, Illinois 60050 www.dl5.org ronarru� NARRATIVE DESCRIPTION A Conditional Use Permit is being requested to construct new additions, of a total square footage of 14,130 SF, at Valley View School. Seven (7) old, existing mobile classrooms, currently in use for educational purposes, will be demolished. The addition will be used to house Classrooms. AFFIDAVIT OF COMPLIANCE WITH PUBLIC NOTICE REQUIREMENTS (TO BE COMPLETED AFTER ALL PUBLIC HEARING REQUIREMENTS ARE FULFILLED) The undersigned, being first duly sworn, on oath deposes and states that all public notice requirements provided in the City of McHenry Zoning Ordinance have been met in connection with the current application before the City of McHenry Filed by: (Applicant's Name and Address) McHenry Elementary School District 15 For approval of: (Requested Action) 1011 North Green Street McHenry, IL 60050 Conditional Use Permit Addition at Valley View Elementary s $� (Applicant's Signature) McHenry Elementary School District 15 (Applicant's Name and Address) 1011 North Green St., McHenry, IL 60050 Subscribed and sworn to before me this day of Notary Public OFFICIAL SEAL MARION M SCHAEFFER NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:07/12/15 PUBLIC HEARING REQUIREMENTS REVISED 1/6/15 FJ 3 4. 5 C� FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number Z-863 333 South Green Street McHenry, IL 60050 °Tel: (815) 363-2I70 Fax: (815) 363 2173 Name of Applicant McHenry Elementary School District 15 T el 815.385.7210 e.�,�,-P�� 1011 North Green Street Fax 815.344.7121 City McHenry State IL Zip 60050 Name of Property Owner Tel (If other than Applicant) Address Fax City State Zip Name of Engineer ARCON Associates, Inc. Tel 630.495.1900 (If represented) Address 2050 South Finley Road Suite 40 Fax 708.328.6325 City Lombard State IL Zip 60148 Name of Attorney Tel (If represented) Address Fax Common Address or Location of Property 6515 IL Rte-120 Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) X Conditional Use Permit Zoning Variance _Other FORM A McHenry, IL 60050 Zoning Variance —Minor Zoning Text Amendment Use Variance 'Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. Page 1 of 3 7. Current Use of Property Education 8. Current Zoning Classification of Property, Including Variances or Conditional Uses E, Estate District 9. Cunent Zoning Classification and Land Use of Adjoining Properties North: NA -Outside City Limits South: RS - 1 Low-Densit Sin le-Famil Residential District East: I - 1, Industrial District West: RS - 1, Low -Density Single -Family Residential District 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to deternune the required attachments. X 1. Application Fee (amount) $ 950 X 2, Narrative Description of Request X 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application X 5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application 7, FORM E — Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties X 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15, Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis 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 beTiled 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 Plamung and Zoning Counnission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicants) Print Name and Designation of Applicants) FORM A Page 3 of 3 FORM C CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry FileNumber Z-863 333 South Green Street ° McHenry, IL 60050 ° Tel: 015) 363-2170 °Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in reconunending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. 1. Traffic Any adverse impact of types or vohunes of traffic flow not otherwise typical in the zoning district has been minimized. YES, there will be no adverse impact on traffic. The new addition will replace the existing mobiles. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. YES, the adverse effects of noise, glare, odor, dust, waste diposal, and blockage of light or air ddition and existing building will continue to be used have been appropriately controlled. The new a for educational purposes. 3 Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. fit harmoniously with the existing building and neighborhood. The YES, the proposed addition will new addition will be constructed of materials similar to the existing building and will blend with the neighborhood and environment. Page I of 2 FORM C d. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. YES the proposed addition will not require a disproportionate demand or burden on existing community facilities or services. The occupant load will not be increased due to the proposed addition. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. YES, the proposed addition will be an extension of the existing building in appearance and usage. Its function will not be detrimental to the safety or health of its users or the general public. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. YES, the proposed addition will harmonize with the existing school building in appearance and usage pertinent to the Conditional Use Permit, FORM C Page 2 of 2 1s,A�VrnoT Vv SrrtE Pr NW9 llY+Tr fF 0.NA"fl SS TM ➢CFW4x THAr 1:(K4gRX NV IC,ItDMNE'YA4EA ma vwAu¢ sawn a' rut' rw.vsnr LYscaet� �:re u+YfE aP1�' As S:RA Dr rh a LCD P:NNh�AI 6 A6ITTLCI AW rra nEpRESEA9uW Oa 5 V TMLCAF?At4. 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"l-'�.3 _ AIAk, or �t if _ RFCDRDED� 76 RUDD•1t65.00' b ' i� 4 8 � 8 t n m U a iDPDCBIPNIf.IL S:IRV[Y Valley View Elementory School Parcel: 09-29-200-01 3 Site Address: 6515 W, RT 120 City: MCHENRY, IL 60050 Dwner:i\,/'iCHCOBDOFSCHLTRDIi5 Porcel: G9-2G-452-GCi Site Address: N/A ©caner: WONDER LAKE LAND LLC Owner Address: 3436 KENNICOTT AVE STE 100 City: A.RLINGTON HEIGHTS, IL 60014 Parcel: 09-2G-4GG-024 Site Address: RT 120 Owner: WONDER LAKE LAND LLC Owner Address: C/O BENACi-1 BEDFORD DEVELOPM,z I 101 N. IMAIN ST STE 16C City: CRYSTAL LAKE, IL 60014 Parcel: 09-29-2C)0-G02 Site Address: N/A Owner: CHGO TITLE TR CO TR 53273 Owner Address: PO BOX 129 City: DES PLAINES, IL 60016 Parcel: 09-29-2GG-004 Site Address: NiA Owner. CHGO TITLE TR CO TR 53278 Owner Address: PO BOX 129 City: DES PLAINES, IL 60016 Parcel: 09-29-2G0-G1 G Site Address: N!A Owner: C -iGO TITLE TR CO TR 53278 Owner Address: PO BOX 129 City: DES PLAINES, IL 6')016 McHenry Elementary School District 15 11 % Green - - Will PUBLIC HEARING NOTICE FILE Z-863 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050 at 7:30 P.M. on June 17, 2015 to consider an application by the McHenry Elementary School District 15, Administrative Offices, 1011 North Green Street, McHenry, Illinois 60050, also property owners, for the following request in accordance with the City of McHenry Zoning Ordinance: VALLEY VIEW SCHOOL ADDITIONS Conditional Use Permit to allow assembly use (educational/institutional) and any variances required to effectuate the aforementioned. The property consists of 20 acres more or less, and is located at 6515 IL Rte. 120, which is generally located west of Meyer Material Company and south of Rte. 120 on the northwest side of the City. PIN: 09 29 200 013 The property is currently zoned E Estate District. A copy of the application is on file and maybe examined during regular business hours in the City Clerk's Cu,Offiat the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, and (815) 363-2100. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois /s/ Shawn Strach Chairman, Planning and Zoning Commission r PR POSED ADDITION 9 50 SF VALLEY VIEW SCHOOL FIN. FLR. ELEVATION: \ \ \ Z PROPOSED ADDITION MOBILES 41280 SF / ✓ �_� t\ 4 UNITS SITE PLAN N emd.d. NEW ADDITIONS & REMODELING EOOEBNOOK >O1 Nato Onnn fit Nkx.nn. N. eooao .na m E6unnc 64trlot t6 > Orton 6L Non. a> ,.nt m... 16060 MAY 13, 1016 SITESITE PL VAne E mex� C0.2 SHAW MEDIA PO BOX 250 CRYSTAL LAKE IL 60039-0250 ORDER CONFIRMATION Salesperson: ANNA WAKITSCH Printed at 06/01/15 09.30 by awaki .............. -................. ----...... ---------------........ ------------ Acct #: 100509 Ad #: 1071575 Status: N SCHOOL DIST 15/MCH ELEM 1011 NORTH GREEN ST MCHENRY IL 60050 Start: 06/02/2015 Stop: 06/02/2015 Times Ord: 1 Times Run: *** STD 1.00 X 67.00 Words: 231 Total STD 67.00 Class: 8100 PUBLIC NOTICES Rate: LEGAL Cost: 102.10 # Affidavits: 1 Contact: MARION SCHAEFFER Ad Descrpt: VALLEY VIEW HEARING Z-863 Phone: (815)385-7210 Given by: MARION SCHAEFFER Fax*: Created: awaki 06-/01/15 09*28 Email: mschaeffer@d15.org Last Changed: awaki 06/01/15 09*30 Agency. Source: Section: Page: Camera Ready: N Group: LEGALS AdType. Misc: Color: Proof. Pickup Date: Ad#: Delivery Instr: Gang Ad #: Changes: None _ Copy _ Art _ Size _ Copy Chg Every Run Coupon: Special Instr: ----------------------------------------------------------------------------- COMMENTS: COPIED from AD 1071561 ----------------------------------------------------------------------------- PUB ZONE ED TP START INS STOP SMTWTFS NW CL 97 S 06/02 WEB CL 99 S 06/02 APNW CL 97 S 06/02 ----------------------------------------------------------------------------- (CONTINUED ON NEXT PAGE) SHAW MEDIA PO BOX 250 CRYSTAL LAKE IL 60039-0250 ORDER CONFIRMATION (CONTINUED Salesperson: ANNA WAKITSCH Printed at 06/01/15 09:30 by awaki ------------------------------------------------------------------------------ Acct #: 100509 Ad #: 1071575 Status: N PUBLIC NOTICE PUBLIC HEARING NOTICE FILE Z•863 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050 at 7:30 P.M. on June 17, 2015 to consid- er an application by the McHenry Elementary School District 15, Ad- ministrative Offices, 1011 North Green Street, McHenry, Illinois 60050, also property owners, for the following request in accordance with the City of McHenry Zoning Or- dinance: VALLEY VIEW SCHOOL ADDITIONS Conditional Use Permit to allow as- sembly use (educational/institution- al) and any variances required to effectuate the aforementioned. The property consists of 20 acres more or less, and Is located at 6515 IL Rte. 120, which is gener- ally located west of Meyer Material Company and south of Rio. 120 on the northwest side of the City. PIN; 09 29 200 013 The property is currently zoned E Estate District. A copy of the application is on file and maybe examined during regu- larbusiness hours in the City Clerk's Office, at the McHenry Municipal Center, 333 South Green Sheet, McHenry, Illinois 60050, and (815) 363-2100. All interested parties will be given an opportunity 10 be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois I s/Shawn Strach Chairman, Planning and Zoning Commission (Published In the Northwest Herald June 2, 2015.) NW 6666 f Nr Ile ON All ANN lt. 49 IF All juts i . zu1 o , ivz Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: July 6, 2015 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Worl<s RE: Wastewater Treatment Facility Consolidation Project ATT: HR Green Inc. Professional Services Agreement BACKGROUND: At the June 1, 2015 City Council meeting, the City Council authorized staff to seek bids for the decommissioning of the Central Wastewater Treatment Plant (CWWTP) and consolidation with the South Wastewater Treatment Plant (SWWTP). The project consists of construction of a 24-inch sanitary sewer forcemain; CWWTP pumping station; preliminary treatment improvements; secondary treatment improvements (SBR); tertiary treatment improvements (effluent filters, UV disinfection, effluent post aeration); and related subsidiary work. The project was broken into two separate bid packets titled; "Wastewater Treatment Facility Consolidation" and "McHenry Sanitary Sewer System Improvements 24" Forcemain Extension". ANALYSIS: HR Green, Inc. has submitted the attached Professional Services Agreement for the Wastewater Treatment Facility Consolidation Construction Phase Services. The scope of services include bidding assistance, project management, construction contract administration, shop drawing review, resident engineer observation, payment recommendations and preparation of record drawings. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the attached Professional Services Agreements with HR Green, Inc. for the construction observation phase of the Wastewater treatment Consolidation of the Central Wastewater Treatment Plant and the South Wastewater Treatment Plant for the lump sum amount of $1,443,000. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. HRureen PROFESSIONAL SERVICES AGREEMENT For Wastewater Treatment Facility Consolidation (Construction Phase Services) Mr. Derik Morefield, City Administrator City of McHenry 333 South Green Street McHenry, IL 60050 815-363-2108 Mr. Chad J. Pieper, P.E., City Engineer Mr. Ravi S. Jayaraman1 P.E. Senior Project Manager HR Green Job Number: 86130341.03 June 15, 2015 HRGreen.com Phone 815.385.1778 Fax 815.385.1781 Toll Free 800.728.7805 420 North Front Street, Suite 100, McHenry, Illinois 60050 TABLE OF CONTENTS 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Professional Services Agreement Wastewater Treatment Facility Consolidation (Construction Phase Services) June 15, 2015 Page 1 of 12 THIS AGREEMENT is between City of McHenry (hereafter "CLIENT") and HR Green, Inc. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding The Wastewater Treatment Plant (WWTP) Upgrade is scheduled to bid in July, 2015. The planned construction project consists of construction of a 24-inch force main, preliminary treatment improvements, secondary treatment improvements (SBR), tertiary treatment improvements (effluent filters, UV disinfection and effluent post aeration), and related subsidiary work. The project specifications define the projects as follows: • 24-inch force main extension from the Central Regional Plant to the South Plant • Structure 20 —Central Regional Pump Station • One floor structure with sump. • Mechanical screening equipment. • Four submersible pumps. • Odor control. • Gas monitoring. • Flow measurement. • Associated electrical equipment. • HVAC and plumbing. • Painting. • Structure 30 — South Plant Raw Pump Station • Three submersible raw water pumps. • Flow measurement. • Associated electrical equipment. • HVAC and plumbing improvements. • Two submersible drain return pumps. • Structure 40 — South Plant High Rate Secondary Treatment • One floor structure. • Sequencing Batch Reactor treatment (tanks, aeration/mixing, pumping and monitoring). • High rate clarification. • Chemical feed tanks and equipment. • Associated electrical equipment. • HVAC and plumbing. • Painting. • Structure 50 — South Plant Tertiary Treatment Building • One floor structure. • Disk filters. • UV disinfection equipment (vertical oriented in channel). • Backwash and drain pumps. Professional Services Agreement Wastewater Treatment Facility Consolidation (Construction Phase Services) June 15, 2015 Page 2 of 12 • Blowers and aerators. • Associated electrical equipment. • HVAC and plumbing. • Painting. • Structure 60 — South Plant Solids Drying Building • Dewatered sludge hopper. • Dried sludge storage hopper. • Dewatered sludge conveyor • Thermal Fluid Heater equipment. • Indirect Heat Sludge Dryer • Dried sludge handling equipment. • Associated electrical equipment. • HVAC and plumbing improvements. • Structure 65 — South Plant Aerobic Digester Covers • Prefabricated aluminum cover. • Air piping. • Structure 70 — South Plant Microscreen Building • Microscreening equipment. • Screenings handling equipment. • Electrical room. • Associated electrical equipment. • HVAC and plumbing. • Painting. • Structure 75 —South Plant SBR Feed Pump Station • Three submersible pumps. • Wet well. • Valve vault with sump. • Standby Power: • Standby Generator and Switch Gear. • General Site Work: • Demolition of various structures or portions of structures to accommodate new construction. • Subsurface pipe including but not limited to sanitary, water and storm. • Construction/restoration of bituminous pavement. • Site electrical work • Site natural gas piping • Landscaping. • Grading. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: The following Work Approach for Construction Phase Services described herein identifies the specific services to be provided by the COMPANY. The services include: Professional Services Agreement Wastewater Treatment Facility Consolidation (Construction Phase Services) June 15, 2015 Page 3 of 12 • Providing bidding assistance and construction phase administration during the duration of the improvements project. This includes appropriate construction documentation including shop drawing review, change orders, clarification requests, and record drawings. Assisting the CLIENT and Contractor during the start-up the new facilities. Preparation of an Operations and Maintenance (O&M) manual for the new facilities. • Providing resident observation to monitor the construction activities of the project and observe the work. A. Bidding Assistance After authorization to proceed with bidding phase, COMPANY shall: 1. Print the required number of plans, specifications, and contract documents for use by the CLIENT and COMPANY. Electronic bidding documents and procedures will be implemented for the bidding process. 2. Assist the CLIENT in advertising for and obtaining bids for construction, receive and process deposits for bidding documents, and maintain a record of prospective bidders to whom bid documents have been issued. 3. Issue Addenda as appropriate to interpret, clarify or expand bidding documents. 4. Respond to questions from contractors and suppliers. 5. Consult with and advise the CLIENT as to the acceptability of subcontractors, suppliers, and other persons and organizations proposed by the Contractor for those portions of work where such acceptability is required by the bidding documents. 6. Attend the bid opening, prepare bid tabulation sheets, and assist the CLIENT in evaluating bids and awarding contracts for construction. 7. Assist the CLIENT with finalizing SRF Loan Documents. 8. Prepare construction contract documents and deliver the executed documents to the CLIENT and its legal counsel for review. 9. Attend Council meeting to answer questions regarding CLIENT's intent to award contract to the lowest responsible bidder. B. Preliminary and General Work 1. Project Management. Provide on -going project management for this .construction phase of the project during its duration. The construction phase of the WWTP consolidation project is expected to be substantially complete within 730 calendar days (104 weeks) from date of bid award and notice to proceed. The construction phase of the force main is expected to be substantially completed in 84 calendar days (12 weeks). The construction phase of the WWTP consolidation and the force main are assumed to be occurring at the same time. Project Manager will attend regular monthly construction progress meetings. These site visits are included in B.5 below. C. Construction Contract Administration and Resident Observation 1. Attend a preconstruction meeting after award of construction contract for the CLIENT, Contractor, subcontractors and utility companies. Professional Services Agreement Wastewater Treatment Facility Consolidation (Construction Phase Services) June 15, 2015 Page 4 of 12 2. Provide horizontal and vertical control for the Contractor's use during construction. Benchmarks will be provided. Detailed construction staking shall be provided by the Contractor. Survey actual locations of completed construction and provide GPS coordinates to the CLIENT. 3. Review shop drawings, samples, and other data which the Contractor is required to submit, but only for conformance with design concept of the Project and conformance with the information given in the contract documents. Such review shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. 4. Consult with and advise CLIENT and act as CLIENT's representative. The CLIENT's instructions to the Contractor will be issued through the COMPANY, who will have the authority to act on behalf of CLIENT. The COMPANY shall not act on the CLIENT's behalf without securing actual authority from the CLIENT prior to taking such action. 5. During the period of construction, COMPANY shall make periodic visits to the site at various stages of construction as COMPANY deems appropriate. A total of ninety six (96) additional site visits while construction is in progress are anticipated and budgeted. The purpose of these visits shall be to observe the site and work, to familiarize COMPANY with the progress and quality of the work, and to determine for the CLIENT's benefit and protection if the work is proceeding in accordance with the intent of the contract documents and construction schedule. On the basis of the on -site observations as a professional engineering firm, the COMPANY shall keep the CLIENT informed of the progress and quality of the work and he shall use reasonable care to inform the CLIENT of defects and deficiencies in the Contractor's work and of the Contractor's failure to carry out the work in accordance with the intent of the construction documents and the construction schedule. The COMPANY shall not, during such visits supervise, direct or have control over the Contractor's work nor shall COMPANY have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor, for safety precautions and programs incident to the work or for any failure of the Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing his work. Accordingly, COMPANY can neither guarantee the performance of the construction contract by the Contractor nor assume responsibility for the Contractor's failure to furnish and perform his work in accordance with the contract documents. During such visits COMPANY may disapprove of or reject the Contractor's work while it is in progress if COMPANY believes that such work will not produce a completed Project that conforms generally to the contract documents or that it will prejudice the integrity of the design concept of the Project as reflected in the contract documents. 6. Consult with CLIENT regarding the status of the work and partial payments due to the Contractor. Such recommendations of payment will constitute a representation to CLIENT, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of COMPANY's knowledge, information and belief, quality of such work is generally in accordance with the contract documents. In the case of unit price work, COMPANY's recommendation of payment will include determinations of quantities and classifications of such work. COMPANY's review of the Contractor's work for the purpose of recommending payments shall not impose Professional Services Agreement Wastewater Treatment Facility Consolidation (Construction Phase Services) June 15, 2015 Page 5 of 12 on COMPANY the responsibility to supervise, direct or control such work. It shall also not impose responsibility on COMPANY to make any examination to ascertain how or for what purposes the Contractor has used the monies paid on account of the contract price. 7. Issue interpretations and clarifications of the contract documents, and in connection therewith, prepare change orders. Evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor. Any substitutions shall first be approved by the CLIENT. 8. Conduct an observation to determine if the work is substantially complete and a final observation to determine if the completed work is acceptable so that COMPANY may recommend, in writing, final payment to the Contractor and may give written notice to CLIENT and the Contractor that the work is acceptable, but any such recommendation and notice will be subject to the limitations expressed in item 4, and the duties imposed under item 5. COMPANY will provide a punch list for the Contractor. 9. Review and assemble the operating and maintenance information supplied by the manufacturers of the equipment into a Manufacturers Operations and Maintenance Manual. This task to include both hardcopy versions. 10. Prepare an Operations and Maintenance Manual detailing startup, operation, and troubleshooting of the new processes at the WWTP. 11. COMPANY will assist CLIENT and Contractor in startup of the new facilities and treatment processes at the WWTF. COMPANY will provide up to one hundred and twenty (120) hours and up to fifteen (15) trips to the site for startup assistance. 12. Assist CLIENT with processing SRF pay applications. COMPANY will prepare and submit monthly pay applications to Illinois EPA, 13. Assist CLIENT during warranty period. COMPANY will provide up to two hundred (200) hours for assistance with warranty items. 14. Prepare record drawings showing those changes made during construction, based on the marked -up drawings and other data furnished by the Contractor to COMPANY and which COMPANY considers significant. Provide the CLIENT with one paper copy and an electronic copy in AutoCAD of the record drawings. 15. WWTP Consolidation: Provide ninety six (96) weeks of full-time and twelve (12) weeks of part-time resident observation of the work in addition to that included in Task B, Item 5, during the substantial and final completion phases of the project. COMPANY will provide up to 4,560 hours of resident observation time for the project. Nothing in this Agreement shall be construed to mean COMPANY will guarantee any Contractor's faithful performance of his/her contract with CLIENT. 16. Force Main: Assuming a contract duration of 12 weeks, COMPANY will provide 120 hours of part-time resident observation, 20 hours for submittals review and 20 hours for start-up and close-out services, for a total of 160 hours of construction management services. 17. Resident observer shall compile contractor's as -built markups to prepare record drawings. Professional Services Agreement Wastewater Treatment Facility Consolidation (Construction Phase Services) June 15, 2015 Page 6 of 12 3.0 Deliverables and Schedules Included in this Agreement Description Completion Date Bid Letting June 2, 2015 Issue Notice to Proceed September 15, 2015 Substantial Completion September 14, 2017 Final Construction Completion October 14, 2017 This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: Any work requested by the CLIENT that is not included in one of the items listed in any other phase will be classified as supplemental services. Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. Supplemental services shall include, but are not limited to: • Provisions of land and property surveys and property descriptions, including legal property descriptions and other services, as needed to acquire property. • Right-of-way assistance, and property and boundary surveys. • Additions to the Facility Plan Report to update or revise the original recommendations. Amendments including any work that changes the intent of the original report are outside of this scope. • Anti -degradation review of new expanded discharge required by the IEPA. • Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement. • Dewatering system design other than that recommended by the Geotechnical sub - consultant. • Exotic foundation systems to support the new structures. It is anticipated that spread footings, or shallow (<25 feet) helical piles are needed to minimize differential settlement. • Assistance with pilot or bench scale studies. • Security system design. • Funding assistance services from new funding sources other than the SRF program. • Fire protection design. • Preparing the design documents for multiple construction contracts. • Assistance with bid protests and re -bidding. • Visits to the construction site or to CLIENTS's location in excess of the number of such trips and associated time set forth in other phases. Professional Services Agreement Wastewater Treatment Facility Consolidation (Construction Phase Services) June 15, 2015 Page 7 of 12 • Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work by any Contractor, (3) acceleration of the progress schedule involving service beyond normal working hours, (4) default by any Contractor, and (5) failure of the Contractor to complete the work within the construction contract time. • Evaluation of unusually complex or unreasonably numerous claims submitted by Contractor or others in connection with the work. 5.0 Services by Others None 6.0 Client Responsibilities WWTP staff or other CLIENT's staff shall provide the following items: 1. Payment for Geotechnical work and investigations such as compaction and concrete strength testing during construction. 2. Pertinent available drawings, reports, plant records, data, maps, benchmarks, and utility information for the entire wastewater treatment plant facilities as needed and described herein. 3. Prompt review of drawings, specifications, sketches, TM, and information submitted by the Engineer. 4. Legal review of information as needed by the project. 7.0 Professional Services Fee 7.1 Fees The professional service fees for this project are $1,443,000.00. The services will be completed on a Lump Sum basis for the described services. Supplemental services, if requested by the CITY, will be performed under separate agreements. Progress payments for these services will be made on a monthly basis based on the percentage of work completed during the invoicing period. 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney's fees. 7.3 Extra Services Any service required but not included as IF services. Extra services will be billed on a the CLIENT, 7.4 Exclusion Professional Services Agreement Wastewater Treatment Facility Consolidation (Construction Phase Services) June 15, 2015 Page 8 of 12 art of this contract shall be considered extra Time and Material basis with prior approval of This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This Agreement, and its attachments, constitutes the entire understanding between CLIENT and COMPANY relating to professional engineering services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. 8.3 Time Limit and Commencement of Work This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The work will be commenced immediately upon receipt of this signed Agreement. 8A Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. 8.5 Book of Account COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage arising from the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment The CLIENT has the option to terminate this Agreement for any reason or no reason at all. 8.8 Waiver Either Party's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. Professional Services Agreement Wastewater Treatment Facility Consolidation (Construction Phase Services) June 15, 2015 Page 9 of 12 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns No assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Illinois, McHenry County without regard to any conflict of laws provisions, which may apply the laws of other jurisdictions. 8.13 Dispute Resolution The CLIENT and COMPANY agree that they will first attempt to mutually work towards a resolution on any dispute between them arising out of or relating to this agreement. In the event a mutual agreement cannot be made between the parties, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, In the discretion of the CLIENT, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Provided, however, the only exception to this exclusive procedure is with regard to enforcement of equitable remedies such as injunctive relief and mechanic lien rights which may be maintained by filing suit in the 22"d Judicial Circuit Court, McHenry County, Illinois. In the event of arbitration or litigation of this Agreement between the CLIENT and the COMPANY, the prevailing party to any litigation or arbitration shall be entitled to recover from the non -prevailing party all of its expenses incurred, including but not limited to (a) attorneys' fees, (b) filing costs, (c) witness fees, and (d) other general expenses of the litigation or arbitration. 8.14 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. At no cost to LIENT, documents referenced in this section 8.14, shall be provided to the CLIENT in any requested format. 8.15 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's reuse of the electronic files. 8.16 Design Information in Electronic Form CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used Professional Services Agreement Wastewater Treatment Facility Consolidation (Construction Phase Services) June 15, 2015 Page 10 of 12 by CLIENT or transferred to any other party, for use in other projects, additions to this project; or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. 8.17 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor, The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.18 Indemnification The COMPANY agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CLIENT, its officers, directors and employees (collectively, CLIENT) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the COMPANY'S negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the COMPANY is legally liable. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY, its officers, directors, employees and subconsultants (collectively, COMPANY) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the CLIENT'S negligent acts in connection with the Agreement and the acts of its contractors, subcontractors or consultants or anyone for whom the CLIENT is legally liable. Neither the CLIENT nor the CONSULTANT shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or for the negligence of others. Additional Terms and Conditions Required for IEPA SRF Loan Program DBE Participation ('lause: The Engineer agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the [WPC or PWS] Loan Program rules. As required by the award conditions of LISEPA's Assistance Agreement with IEPA, "The Engineer acknowledges that the fair share percentages are 5% for MBEs & 12% for WBEs". Certification Regarding Debarment, Suspension and Other Responsibility Matters: The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a Professional Services Agreement Wastewater Treatment Facility Consolidation (Construction Phase Services) June 15, 2015 Page 11 of 12 thI ee-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in fine of up to $10,000 or imprisonment for up to 5 years, or both. Nondiscrimination Clause: The contractor (engineer) shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. An audit and access to records clause that provides the following: A.) Subsections (B) through (E) shall be included in all contracts and all subcontracts directly related to project services that are in excess of $25,000. B.) Books, records, documents and other evidence directly pertinent to performance of WPCLP loan work under this agreement shall be maintained in accordance with Generally Accepted Accounting Principles. The Agency or any of its authorized representatives shall have access to the books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. C.) Audits conducted pursuant to this provision shall be in accordance with auditing standards generally accepted in the United States of America. D.) All information and reports resulting from access to records pursuant to subsection (B) shall be disclosed to the Agency. The auditing agency shall afford the engineer an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report shall include the written comments, if any, of the audited parties. E.) Records under subsection (B) shall be maintained and made available during performance of project services under this agreement and for 3 years after the final loan closing. In addition, those records that relate to any dispute pursuant to Section 365.650 (Disputes) of this Subpart, litigation, the settlement of claims arising out of project performance, costs or items to which an audit exception has been taken shall be maintained and made available for 3 years after the resolution of the appeal, litigation, claim or exception. A covenant against contingent fees clause as follows: "The professional services contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover the full amount A such commission, percentage, brokerage, or contingent fee." Professional Services Agreement Wastewater Treatment Facility Consolidation (Construction Phase Services) June 15, 2015 Page 12 of 12 This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Services will not begin until COMPANY receives a signed agreement. COMPANY's services shall be limited to those expressly set forth in this AGREEMENT and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, NR GREEN, INC. a Pieper, PE - City Engineer Approved by: Printed/Typed Name: L/ Timothy J. Hartnett Vice President/Practice Leader Title: Governmental Services Midwest Date: 6/22/2015 CITY OF MCHENRY Accepted by: Printed/Typed Name: Title: Date: Hrgmhnas\O:\86130341\Construction\agt-062215-McHenry Plant Consolidation-Observation.doc Exhibit A HRGreen Man - Hour Estimate Wastewater Treatment Facility Consolidation Job Number: 86130341.03 Date: June 15, 2015 PHASE Task I MAN- HOURS COSTS Bidding Assistance Project Management 28 Project Engineering 108 Administrative 36 Direct Costs - $2,875000 Subtotal. 172 $27,935.00 Preliminary and General Work Project Management 782 Project Engineering 832 Administrative 40 Direct Costs - $1,818,75 Subtotal: 1,654 $294,618.75 Construction Contract Administration Project Management 580 Project Engineering 21640 Administrative 74 Direct Costs - $1,338800 Subtotal: 31294 $541,148.00 Resident Observation Project Observation 4,560 Direct Costs - $8,650000 Subtotal: 41560 $579,298.25 Total: 91680 Contract Total: $1,4431000.00 Based upon our understanding of the project detailed in this Contract, the above is a summary of man- hoursand costs associated with the project. The labor costs for each phase are determined by figuring the man-hours work by each different employee multiplied by the employee's individual billing rate. Billing Rates are per the attached rate sheet. Hrgmhnas\\O:\86130341\Construction\ex-60415-Exhibit_A-Man-hour estimate-Observation&Bidding.docz i H R Green Professional Services Principal Senior Professional Professional Junior Professional Senior Technician Technician Senior Field Personnel Field Personnel Junior Field Personnel Administrative Coordinator Administrative Corporate Admin Reimbursable Expenses HR GREEN, INC. Billing Rate Schedule Effective January 1. 2015 Billing Rate Range $185-$260 $150-$210 $110-$170 $80-$125 $80-$120 $50- $95 $100-$160 $70-$115 $50- $90 $354110 $40- $90 $55-$100 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2. Auto mileage will be reimbursed per the standard mileage reimbursement rate established by the Internal Revenue Service. Survey and construction vehicle mileage will be reimbursed on the basis of $0.85 per mile or $65.00 per day. 3. All other direct expenses will be invoiced at cost plus 10%.