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HomeMy WebLinkAboutPacket - 08/17/2015 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING Monday, August 17, 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. Transmittal of FY 2015/16 Quarterly Budget Report for the period of 511115 thru 7/31/15; B. Ratification of the Mayor's prior issuance of a Special Use/Picnic Permit, including for the consumption of beer, at the Keep the Spirit of '45 Alive event in Veterans Memorial Park on August 9, 2015; C. Special Use/Park Picnic Permits; D. July 6, 2015; July 20, 2015; and August 3, 2015 City Council meeting minutes; E. As Needed Checks in the amount of $389,182.06; and F. List of Bills in the amount of $311,193.60. 7. Motion to adopt an ordinance granting a Conditional Use Permit for Assembly Use for the property located at 4513 Front Royal Drive, with recommended conditions 8. Motion to grant a Variance to allow an Off -Premise Sign at 1012 Green Street (northeast corner of John Street and Green Street) for the McHenry Country Club 9. Motion to adopt an ordinance approving various text amendments to the City of McHenry Zoning Ordinance and Municipal Code including Zoning Ordinance: Article III General District Regulations, Sec. H. Operations within Enclosed Buildings; Article V Commercial District Regulations; Article VI Office, Industrial, Business Park, Agriculture & Mining Overlay and Health Care Districts; Article XIX Definitions; and Municipal Code Chapter 1 General Provisions, Sec. 142. Settlement of Offenses (A) Payments 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 frscnl/y responsib/e manner. 1 `^ McHenry City Council Meeting Agenda August 17, 2015 Page Two 10. Motion to adopt ordinances granting a Zoning Map Amendment from RS-4 High -Density Single Family Residential to G5 Highway Commercial District and a Conditional Use Permit to allow outdoor storage in conjunction with a contractor's office for the property located at 920 N Front Street and lot immediately adjacent to the east, with recommended conditions 11. Motion to accept and authorize the Mayor to sign the Notice of Intent to accept the bid of and award a construction contract for the McHenry Sanitary Wastewater Treatment Facility Consolidation Project to Williams Brothers Construction, Inc. in the amount of $30,180,000 subject to IEPA approval, and to authorize the Mayor to sign, after IEPA approval, the construction contract itself, Notice of Award, Notice to Proceed and any other documents necessary to implement the terms of the construction contract 12. Motion to reject all bids, including the bid submitted by R.A. Mancini in the amount of $5,126,630 for the McHenry Sanitary Sewer System Improvements 24" Forcemain Extension 13. Motion to authorize the Mayor and City Clerk to execute a construction contract with Virgil Cook & Son of DeKalb in an amount not to exceed $204,851.84 for the Crystal Lake Road/Dartmoor Drive. Traffic Signal project 14. Motion to waive advertisement for bids and authorize the Mayor and City Clerk to sign a contract with Xylem Water Solutions USA, Inc. for an amount not to exceed $81,824.60, for the pre -purchase of submersible pumps and related equipment for the Fieldstone Lift Station Rehabilitation project 15. Mayor's Statement and Reports 16. Committee Reports 17. Staff Reports 18. Future Agenda Items 19. Adjournment The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. Office of Finance & Accounting Carolyn Lynch, Director McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: August 17, 2015 TO: Mayor and City Council FROM: Carolyn Lynch, Finance Director RE: Transmittal of FY15/16 Budget —Quarterly Report ATTACHMENTS: FY15/16 Quarterly Report The City Administration is pleased to be able to transmit the referenced report for Council's review and information. It is important for the City Council to receive regular updates regarding the state of the city's overall finances. This report to be provided on a quarterly basis in the months of August, November, and March and annually each May will help ensure that City Administration and Council can discuss the status of the budget throughout the fiscal year rather than only when the budget is being developed and approved. The quarterly report presented will help City Administration develop future budgets and gives departments areas to watch during the fiscal year. Hopefully Council will find the report informative and useful. City of McHenry Revenues, Expenditures and Transfers Budget Vs. Actual 15t Quarter FY15-16 — (May 1, 2015 —July 31, 2015) Overview For the 2015/16 fiscal year all departments were asked to keep the budget status quo as revenues projections were cautiously adjusted based on historical trends as well as taking into consideration the financial instability of the State of Illinois. With this said, the budget is balanced and the community's program, service, capital equipment, and capital improvement needs will be met. The national economy stalled slightly during the first two quarters of 2015, but is expected to pick up during the final two quarters. Across the United States, the GDP grew at a 2.3% annual rate in the second quarter of 2015 but is expected to grow between 3% and 3.5% during the last two quarters. Consumer spending is really driving the upswing in the economy. This can be attributed to job creation and lower gasoline prices. And the national unemployment rate dropped to 5.3% from 6.1% one year ago. With this positive news it is important to note that the State of Illinois is falling behind the trend in the nation but McHenry County is now matching the national unemployment rate. The state's unemployment rate is 5.6% and McHenry County is at 5.3% as of May 2015. The State currently does not have a budget which has halted all disbursements of video gaming revenues to municipalities. It is unknown if other disbursements will be halted like has been done in the past. On the whole, there is room for optimism that things are beginning to improve, but it is important to continue to watch spending as improvements are not happening quickly and could halt at any point. The City Administration continues to monitor the City's financial position on a monthly basis in order to ensure the budget document is followed. By actively managing the finances, deficit spending can be kept to a minimum and year-end fund balance results can be predicted and deficits eliminated. Highlights of revenues and expenditures are included below. Budget vs. Actual —Revenues &Expenditures (Refer to Page Al Overall, out of the City's 30 funds, 29 of the funds are running at levels management would expect for the third quarter of FY15/16. The funds that received property tax receipts are all running over the expected budgeted amount of 25% because % of property tax receipts are received in June. Water/Sewer fund revenues are running slightly behind the expected budgeted amount, but the wet spring decreased usage and billings for higher summer usage will go out in the second quarter. Management will closely watch water/sewer revenues over the next two quarters. Revenues for the Debt Service and Recreation Center Funds are over the expected budget amounts because of bond proceeds that were not budgeted for. Debt Service expenses are also over the expected budget amount because the bond proceeds received were used to refund and pay off the 2006 GO Bond. The Employee Insurance fund expenditures are running over budget because 4 months of premiums have been paid. Revenues by Type (Refer to Page 5) Page 1 of 8 The City's revenues are on track to meet budget amounts for the fiscal year. As of the first quarter, total revenues are at 49% of the budgeted amount which is higher than the 25% expected. This is due to the fact that property tax revenues are usually received May through December. As of the first quarter, about 52% of property tax revenues have been received, which is expected. Sales taxes were budgeted about 2.0% higher for fiscal year 2015-16 based on past trends and expected increases with the improving economic conditions. As of the first quarter, sales taxes are running at 26% of budget. Income taxes were budgeted about 11% higher due to past trends and are running at about 38% of budget for the first quarter. It is important to note that both sales taxes and income taxes are received approximately three months after they are collected. At the end of the fiscal year the tax revenue accounts are adjusted to reflect what was actually earned for the year. Income taxes have also been volatile over the last couple of years due to the state's financial position; at times the payments were running four to five months behind instead of just the typical three months. For now the state is back on track, but income taxes have repeatedly been brought to the table as a source of savings for the state by limiting the amounts paid to local governments. Water and Sewer sales are running slightly below the expected 25% of budget at 23%. The cool and wet spring drove down consumption, but billing for the higher summer usage will be completed in the second quarter, this will have to be closely monitored. The budget for Impact fees was increased by 42% because of past trends. The fees are currently running at 46% of budget which is expected as the summer season is primarily when permits are issued. Licenses and permits revenues are at about 52% of budget for the first quarter. These revenues are running higher than expected due to vehicle stickers and increased permit issuances due to the time of the year. As was previously mentioned, Video gambling taxes are currently not being paid by the state since there is not a state budget. Currently the City is two months behind in receipts. Reimbursement revenues are at about 91% of budget due to a reimbursement from the State of Illinois for the Route 120/31 project. Interest income is falling short of the expected quarterly results due to police pension investment transactions that have not been recorded as of this report date. The interest income budgeted amount was also kept very low as the interest rates have not rebounded. Other Revenues are running at 128% of budget because of two bond issues, one in the Debt Service Fund and one in the Recreation Center Fund that were not budgeted for. These were not included in the budget because at the time the budget was created it was expected funds would be received in FY1445. Revenues by Fund (Refer to page 6) General Fund revenues amount to 52% of the total budgeted revenues primarily coming from property taxes, sales taxes, income taxes, and charges for services. As of the first quarter, general fund revenues are at 36% of budget, which is expected as % of property taxes have been received and parks and revenue charges for services are higher during the summer months. Motor Fuel Tax Revenues are at 32% of budget due to the posting of the two months of the Jobs Now payment received in FY1445. The Fax Increment Fund revenues are at 47% of budget due to property tax receipts received during the first part of the year. Capital Improvements Fund revenues are running at 35% because of the State of Illinois reimbursement for the Route 31/120 project. Debt Service Fund revenues are at 308% of Page 2 of 8 budget due to a bond issuance, but this is a bond refunding so there is an expense to match the revenues received. Police pension revenues are at 37% of budget due to employer contributions which are property tax receipts and % of the receipts have been received. All other funds' revenues are running at 344% for the quarter due the bond issuance in the Recreation Center Fund. Expenditure by Type (Refer to page 7) Total expenditures for the quarter were at 31% which is slightly over the expected amount, but that is due to the bond refunding payment out of the debt service fund. Salaries represent 24% of the total expenditure budget and are only at 23% of the budgeted amount. Overtime budgets are being closely monitored. Benefit expenditures are at 31% of the budgeted amount due to the city's police pension contributions being at 52% of the budgeted amount. Police pension contributions are equal to the property tax receipts with the majority of the collections in June and September. Contractual expenses are only at 21% showing the commitment to hold down expenses even when the economy is showing signs of improvement. Other expenses are slightly higher than expected for the quarter at 30%. The development expense account is at 36% of budget for the year due to the advanced payment to Gary Lang for the sales tax incentive agreement. Also, the Tax Increment Fund administrative expense account is over the quarterly budgeted amount due to paying % of the property tax increment to 1110 N. Green Street and Chain O'Lakes Brewing Company per the agreements. Debt service expenses are at 210% of the budgeted amount due to the payment for the bond refunding, which was covered by a new bond issuance. Expenditure by Fund (Refer to page 8) The total for all of the funds are running at 31% of the budgeted amount, but only a few funds are over the expected 257o budget amount for the first quarter. The Tax Increment Fund is at 277o due to 72 of the property tax increment being paid. The Debt Service Fund is at 289% due to the payment for the bond that was refunded. The Employee Insurance Fund is at 31% of budget because four months of insurance premiums have been paid because the City is required to pay one month in advance. A correction to the expense account is made at the end of the fiscal year to ensure only twelve payments are recorded during the current fiscal year. The Risk Management Fund is at 45% of budget because 50% of the McHenry County Municipal Risk Management Agency (MCMRMA) premium has been paid. The Information Technology Fund is at 36% of budget because a few of the capital items have been purchased already. Upcoming Quarters In summary, the City continues to be in a stable, fiscally conservative, financial position. Due diligence by all departments will be necessary to ensure this trend continues. Over the next few quarters, management will closely watch the water/sewer fund to see if adjustments need to be made for this fiscal year as well as updating the budget for the next fiscal year to ensure positive results. City of McHenry Revenues & Expenditures Budget vs. Actual Quarterly Report May 1, 2015 - April 30, 2016 Budget Vs. Actual -Revenues &Expenditures Revenues Fund FYI5-16 Budget 1st Quarter 15-16 Actual % of Budget General 19,382,360 7,033,437 36.3% Tourism 140,050 51,519 36.8% Pageant 31550 3,674 103.5 % Band 15,000 31750 25.0% Civil Defense 51000 11250 25.0% Alarm Board 153,000 15,216 9.9% Audit 37,981 16,624 43.8% Annexation 589200 73,544 126.4% Motor Fuel Tax 6429610 205,198 31.9 % Developer Donations 133,690 1479565 110.4% TIF 326,000 152,755 46.9% Debt Service 11556,705 49800,643 308.4% Recreation Center 21000 2,018,588 100929.4% Special Service Area #1A 0.0% Special Service Area #4 16,847 8,785 52.1% Capital Improvements 1,261,200 437,366 34.7% Capital Equipment 243,225 60,806 25.0% Water/Sewer 6,484,318 11498,627 23.1% Capital Develo ment 172,000 0.0% Utility Improvements 16,847 41212 25.0% Marina 51,500 91240 17.9% Employee Insurance 21854,215 633,713 22.2% Risk Management 778,000 193,751 24.9% Information Technology 461,101 115,275 25.0% McHenry Area Character Counts 300 Flex 80,000 24,726 30.9% Developmental Escrow 500 0.0% Retained Personnel 40,000 85 0.2% Revolving Loan 1$50 169 10.9% Police Pension 2,257,374 822,877 36.5% Total 37,174,823 18,333,694 49.3% Net Income/(Loss) Fund FY15-16 Budget 1st Quarter 15-16 Actual % of Budget General (597,564) 11862,727 3113% Tourism 45,050 51769 12.8% Pageant 463 Band 1,750 Civil Defense 11800 1,250 69.4% Alarm Board 93,000 28,030 30.1% Audit 1,601 16,624 1038.3% Annexation 13,200 64,794 490.9% Motor Fuel Tax 1,064,302 (50,783) 4.8% Developer Donations 65,050 110,532 169.9% TIF 11905 63,846 3351.5% Debt Service 150 308,082 205388.2% Recreation Center (41878,000) 11343,617 27.5%) Special Service Area #1A Special Service Area #4 41573 Capital Imrovements 191,3ob 287,424 150.2% Capital Equipment 20,000) 41,521 Water/Sewer 11499,256 332,476 22.2%) Capital Development 172,000 0.0% Utility Improvements 16,847 4,212 25.0% Marina 59500 (81450) 153.6%) Employee Insurance 41528 237,126 5236.9% Risk Management 88,794 (113,729) (128.1%) Information Technology 1 (48,316 McHenry Area Character Counts 750 Flex 24,726 Developmental Escrow 500 0.0% Retained Personnel 152645 Revolving Loan 11550 169 10.9% Police Pension 405,800 365,211 90.0% Total 71463,246 41336,934 58.1% Ex enditures FY15-16 Budget 1 st Quarter 15-16 Actual % of Budget 199979,924 5/1709710 25.9% 95,000 459750 48.2°/ 31550 31211 90.4% 15,000 2,000 13.3% 3,200 0.0% 60,000 43,246 72.1% 36,380 0.0% 45,000 8,750 19.4% 11706,912 255,981 15.0 % 1989740 37,033 18.6% 324,095 88,909 27.4% 11556,555 41492,560 288.6 % 41880,000 674,971 0.0% 0.0% 169847 41212 25.0% 114529500 149,942 10.3 % 263,225 19,285 7.3% 71983,574 11166,150 14.6% 46,000 17,690 38.5% 2,8491687 870,841 30.6% 689,206 307,480 44.6% 461 *100 163,591 35.5% 1,050 80,000 0.0% 40,000 15,731 11851,574 457,666 44,638,069 13,996,760 31.4% City of McHenry Revenues & Expenditures Budget vs. Actual Quarterly Report May 1, 2015 - April 30, 2016 Revenues by Type Revenues FY15-16 Budget 1 st Quarter 15-16 Actual % of Budget °% of Total Pro erty Taxes 51503,482 2,848,017 51.7% 15.5% Sales Taxes 81457,419 2,157,124 25.5% 11.8% Income Taxes 2,450,000 919,422 37.5% 5.0% Other Taxes 113341810 378,662 28.4% 2.1% later &Sewer Sales 51163,085 1,193,166 23.10/b 6.5% Impact Fees 306,540 141,983 46.3 % 0.8% Fines and Fees 611,700 169,011 27.6 % 0.9°% Licenses and Permits 4853822 250,576 51.6 % 1.4% Reimbursements 489,795 447,908 91.4% 2.4°% Charges for Services 5,328,080 1,379,507 25.9% 7.5% Grants 39,844 0.2% Interestlncome 496,350 234 0.0% 0.0% Other Revenues 6,547,740 8,408,241 128.4 % 45.9% Total 37,174,823 18,333,694 49.3. 100.0% Revenues by Type 15.5% ■ Property Taxes IN Sales Taxes ■ Income Taxes ■ Other Taxes ■ Water & Sewer Sales 45.9 ■ Impact Fees ■ Fines and Fees ■ Licenses and Permits 5.0% ■ Reimbursements 21% • Charges for5ervices ■ Grants 6.5% ■ Interest Income 0.2% 1,4% 0.9% 0.8% 2 4I other Revenues Page 5 of 8 City of McHenry Revenues &Expenditures Budget vs. Actual Quarterly Report May 1, 2015 - Aprii 30, 2016 Revenues by Fund Fund FY15-16 Budget 1st Quarter 15-16 Actual % of Budget % of Total General 19,382,360 7,033,437 36.3% 38.4% Motor Fuel Tax 642,610 205,196 31.9% 1.1% Tax Increment Financing 326,000 152,755 46.9% 0.8% Debt Service 1,556,705 4,800,643 308.4% 26,2% Ca ital Im rovements 1,261,200 437,366 34.7°/ 2.4% Ca ital E ui ment 243,225 60,806 25.0°h 0.3% Water/Sewer 6,724,665 1,512,078 22.5°h 8.2% Em loyeelnsurance 2,854,215 633,713 22.2% 3.5% RiskMana ement 776,000 193,751 24.9°h 1.1% Information Technology 461,101 115,275 25.0% 0.6% Police Pension 2,257,374 822,877 36.5°k 4.5% AIIOtherFunds 687,368 2,365,794 344.2% 12.9% Total 37,174,823 18,333,694 49.3% 100.0% Revenues by Fund s,000,000 — 7,000,000 61000,000 —.- 51000,000 4,000,000 3,000,000 ■ Revenues by Fund 2,000,000 11000,000 mu x c w F= ,• w ., �, - " w `0 w 00 g v o c w w w E a 3 E o c S N > w G a LL 7 LL r y `0 w p w w c m s p a w F o w E « 3 >� O w — 'o. 0 « ° a U E E U O 1- - Page 6 of 8 City of McHenry Revenues & Expenditures Budget vs. Actual Quarterly Report May 1, 2015 - April 30, 2016 6cpenditures by Type Ex enditures FY15-16 Budget 1 st Quarter 15-16 Actual % of Budget % of Total Salaries 10,754,879 2,466,885 22.90/a 17.6% Benefits 51523,204 11732,726 31.4°! 12.4% Contractual 31419,316 721,740 21.1°/ 5.2% Su plies 11717,595 243,643 14.2°/ 1.7% Other 51988,067 10814,590 30.3% 13.0% Debt Service 2,147,188 41500,462 209.6% 32.2% Capital 9,328,615 1,081,914 11.6% 7. 7% Transfers 51759,205 1,434,801 24,9%1 10.3% 44,638,069 131996,760 1 31,4%1 100.0% 10% Expenditures by Type 8% 18% ■ Salaries ■ Benefits FA Contractual 12% ■ Supplies I r] Other Debt Service r- Capital 32% 1' 5% Transfers L2% 0 Page 7 of 8 City of McHenry Revenues & Expenditures Budget vs. Actual Quarterly Report May 11 2015 - April 30, 2016 Expenditures by Fund Fund FY15-16 Budget 1 st Quarter 15-16 Actual % of Budget % of Total General 19,9793924 51170,710 25.9% 36.9% Motor Fuel Tax 1/7067912 255,981 15.0 % 1.8% Tax Increment Financing 3243095 88,909 27.4 % 0.6% Debt Service 1,556,555 43492,560 288.6% 32.1% Ca ital Improvements 11452,500 149,942 10.3% 1.1% Ca ital Equipment 263,225 19,285 7.3% 0.1 % Water/Sewer 810291574 1,1833841 14.7% 8.5% Em loyeeInsurance 21849,687 870,841 30.6% 6.2% Risk Management 689,206 307,480 44.60/b 2.2% Information Technology 461,100 163,591 35.5% 1.2% Police Pension 11851,574 457,666 24.7% 3.3% All Other Funds 57473,717 835,953 15.3% 6.0% Total 441638,069 1 13,996,760 1 31.4 % 100,Eo Expenditures by Fund 251000,000 20,000,000 15,0001000 - 10,000,000 ■ Expenditures by Fund 51000,000 MML <°\ ,za+ c� Va Oece FJe\ cac` Sep ewe �Q� Sep J`a° awe oo`° eph� FJo Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 bhobson@ci.mchenry.il.us CONSENT AGENDA DATE: August 17, 2015 TO: Mayor and McHenry City Council FROM: Bill Hobson, Deputy City Administrator RE Special Event Liquor License for the Spirit of `45 event on August 9, 2015 Staff is seeking ratification after the fact for the Mayor's prior issuance of a Special Event Liquor License for the Keep the Spirit of '45 Alive event that occurred on August 9, 2015 in Veterans Memorial Park. Alcohol service was available from 4PM to 7PM from a liquor license holder having the ability to provide off -premise sale of beer and wine. All persons purchasing alcohol were required to provide proof of age. No incidents were reported and the Police Department had no concerns with this request. If Council concurs, then it is recommended a motion be considered to ratify the Mayor's prior issuance of a Special Event Liquor License at the Keep the Spirit of '45 Alive event in Veterans Memorial Park on August 9, 2015. 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: August 17, 2015 - Regular City Council Meeting RE: McHenry Park Facilities Special Use and Beer/Wine permit requests ATT: Permit List and Applications Ail fees and documentation have been satisfactorily submitted for the attached McHenry Parlc 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. '1"Fae (�ztv �ftLlc��la:rar;t- is atec�ic�rrted to jnwiriiarg iPs citi;,ens, Lacsiness�s, rand visatUas ivilir tlrc: Iri�hes7 a�uratii�r uf'�a•a�r•anac crnci srra•vices in ra crus#carter-trriarntercl, efficient, �aaar��sccrCl}� res�nortrifile nactnaaer•. FOR COUNCIL MEETING ON AUGUST 17, 2015 Beer/Wine Permit Requests These are beer and wine permit requests associated with picnic permits. Date of Picnic Applicant Address 08/30/15 Maria Beristain Baptism 4504 Garden Qrtr, Apt 14 09/12/15 Becky Covalt Bday 3409 Pearl St, McH 09/27/15 PD vs Fire Annual Picn 333 S Green St, McH Special Use Application Requests There are special use application requests associated with picnic permits. Date of Picnic Applicant Address Special Use 09/12/15 Becky Covalt Bday 3409 Pearl St, McH acoustic music, grill 09/27/15 PD vs Fire Annual Picn TConaway\pic perm list.doc 333 S Green St, McH bounce house, grill Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 bhobson@ci.mchenry.il.us CONSENT AGENDA DATE: August 17, 2015 TO: Mayor and McHenry City Council FROM: Bill Hobson, Deputy City Administrator RE Special Event Liquor License for City Band Concert on August 20, 2015 At the April 20, 2015 City Council meeting, the city council approved the special event liquor license for the summer band concert series at Veterans Memorial Park through the August 13th concert. The city has been able to secure an additional concert through the sponsorship of Buss Ford on August 20th. Staff is seeking approval to partner with the McHenry Area Chamber of Commerce and local businesses holding a liquor license to provide beer and wine during the concert on that evening. Alcohol service would be available from 6:45 PM to 9:00 PM. All persons purchasing alcohol will be required to provide proof of age. No dents have been reported in past seasons and the Police Department has no concerns with this request. If Council concurs, then it is recommended a motion is considered to approve the sale of beer and wine during the August 20, 2015 Summer Concert Finale in Veterans Memorial Park as presented. REGULAR MEETING July 6, 2015 Mayor Low called the regularly scheduled July 6, 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 were City Administrator Morefield, Director of Economic Development Martin, Director of Finance Lynch, Director of Public Works Schmitt, Chief of Police Jones, City Attorney McArdle, City Engineer Pieper and City Clerk Jones. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. PUBLIC INPUT SESSION No one signed in for Public Input Session. CONSENT AGENDA A. Final Pay Request from Wm. Tonyan & Sons for Ft. McHenry Construction/Renovation in the amount of $23,900 and Change Order for additional work performed in the amount of $7,508.96, for a 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; Co Block Party Application on Conway Circle, July 11, 2015, and Jennifer Lane, August 29, 2015; D. Parks Special Use/Picnic Permits; E. July 1, 2015 City Council meeting minutes; and F. Approval of List of Bills. Alderman Curry stated he is unaware of a City policy in force that addresses how contractor overruns are addressed and inquired about who has authority when there is an overrun on a project. He asked how overrun expenses are presented to the City for payment. Deputy City Administrator Hobson, responding to Alderman Curry's inquiry, informed Council that Staff is unaware of any policy in place and that overruns occur infrequently. The additional $7,508.96 incurred regarding Item A on the Consent Agenda is for additional hours and equipment to rebuild benches at Fort McHenry, which was not in the original work order but deemed necessary. City Administrator Morefield informed Council that a revised version of the minutes of June 1, 2015 have been provided to each Alderman for consideration. He explained that Alderman Curry had noted a typographical error and a revision had been made to Page 16, Paragraph 2 at Sentence No. 4, changing $35,000,000 to $30,000,000. An inquiry was made concerning Item F, List of Bills, regarding payment to the Mulch Center in the amount of $3,328. Responding to the inquiry Director of Public Works Schmidt explained that public playground mulch is required to be a different quality than mulch used for gardening purposes. Another inquiry was made concerning Item F, List of Bills, regarding payment to Zukowski, Rogers, Flood and McArdle for the services of Attorney Kelly Cahill for attendance at a Planning and Zoning Commission hearing. It was asked if the Petitioner is required to pay for Regular Meeting Page 2 July 6, 2015 the attendance of an attorney representing the City at the hearing. City Administrator Morefield informed Council attorney fees are paid from retained personnel funds. 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. MOTION TO APPROVE AN ORDINANCE GRANTING A VARIANCE FROM THE 100' FRONTAGE REQUIREMENT TO 7511 AND A VARIANCE FROM THE 50' SEPARATION REQUIREMENT BETWEEN TWO DRIVEWAYS TO 31. TO ALLOW TWO DRIVEWAY CUTS AT 1620 N. RIVERSIDE DRIVE City Administrator Morefield informed Council that the applicant is proposing to construct a horseshoe -style driveway and is seeking a second driveway cut onto Riverside Drive. In order to construct a second driveway cut at the subject property two variances are required from the Subdivision Control and Development Ordinance as follows: • A 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 were considered by the Planning and Zoning Commission and recommended for approval by a vote of (5-0), with the condition the site is developed in substantial accordance with the conceptual plan prepared on the survey by Luco Construction dated March 25, 2015. The subject property is located along North Riverside Drive and the applicant is requesting the variances to expand the existing driveway so vehicles can easily turn around on the property. Currently vehicles must back out into traffic onto Riverside Drive. Expanding the driveway in a horseshoe configuration is the most practical remedy for vehicles to exit safely onto Riverside Drive. Staff believes two variances are justifiable. There is not enough land area between the house and Riverside Drive to expand the current driveway and provide adequate space to turn vehicles around. Additionally, backing onto Riverside Drive can be dangerous given the amount of traffic on the roadway. The two variances requested relate to space constraints on the property. Motion by Schaefer, seconded by Santi, granting the variances from the Subdivision Control and Development Ordinance Technical Specifications Manual and Standard Details from the 100' frontage requirement and from the 50' separation requirement between two driveways for two driveway cuts for the property located at 1620 N. Riverside Drive to allow 75' of frontage and 31' of spacing between the two driveway cuts, with the condition the site is developed in substantial accordance with the conceptual plan on the survey presented by Luco Construction, dated March 25, 2015. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 3 July 6, 2015 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 City Administrator Morefield informed the Council that the owner of After the Fox Restaurant located at 1406 North Riverside Drive is requesting a Conditional Use Permit to allow an expansion to the existing outdoor seating area, which is directly adjacent to the Fox River. The expansion includes a 13' x 16' (208 square foot) deck. City Administrator Morefield reiterated that 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 is aware the Temporary Use Permit expires on September 1, 2015, and should a Conditional Use Permit for permanent use not be approved, the expanded outdoor seating area cannot be utilized. The Temporary Use Permit was sought to allow the owner the ability to capitalize on the warm weather months and outdoor seating is a very desirable amenity for patrons at restaurants. The proposed outdoor seating expansion 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 has included a condition ensuring access to and from the north and south is restricted, in perpetuity. Staff noted the property is currently zoned C-4 Downtown Commercial and is surrounded by C 4 zoned properties on the north, west, south, and the Fox River to the east. The proposed use is appropriate to the downtown setting. It enhances the existing business and is a complement to the future expansion of the McHenry Riverwalk. The Planning and Zoning Commission recommended approval of the Conditional Use Permit by a vote of (5-0), with the following conditions: • Outdoor entertainment is prohibited unless an amendment to the Conditional Use Permit or Temporary Use Permit is sought and approved; and • Access to the outdoor seating area shall be perpetually restricted to and from the north and south. Alderman Glab expressed concerns that the deck was too close to the Fox River. Responding to Alderman Glab's inquiries regarding access to the deck from the north and south, City Administrator Morefield advised seating on the deck is restricted to those entering the deck from the restaurant or restaurant staff seating parties arriving by boat. There is no access to the deck from the north or south of the property. Regular Meeting Page 4 July 6, 2015 Motion by Wimmer, second by Condon, approving the 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, with the following conditions: • Outdoor entertainment is prohibited unless an amendment to the Conditional Use Permit or Temporary Use Permit is sought and approved; and • Access to the outdoor seating area shall be perpetually restricted to and from the north and south. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. 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 City Administrator Morefield informed Council the operator of Lucky Poker located at 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 feet and mirrors the sign he will be erecting on the north 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 incline 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 and is permitted only one 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, equals 60.74 square feet. A variance is required to allow a second wall sign and exceed the total allowable square footage by 23.24 square feet. Staff ascertained that although Lucky Poker will have a panel on the existing ReMax Plaza freestanding sign on Front Street, a second wall sign is needed for motorist to recognize the business in order to turn westbound on Kane Avenue and enter the shopping center, which will improve Lucky Poker's exposure and enhance the viability of the business. Motion by Santi, second by Wimmer, to approve the variance from the Sign Ordinance 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., dated June 10, 2015, as presented Alderman Glab expressed concern regarding the aesthetics of the different signage on the south elevation of the building. He stated he was unable to support the request for a variance. Alderman Schaefer and Alderman Curry concurred with Alderman Glab. Regular Meeting Page 5 July 6, 2015 Alderman Wimmer stated he does not care to see a variety of signage of different sizes on the rear elevations of any building. Alderman Peterson stated he had similar concerns. Alderman Condon opined that she likes the continuity of signage on the at, of buildings, citing the signage on the rear elevations of businesses on the north side of McHenry. A lengthy discussion ensued. Director of Economic Development Martin suggested the matter be tabled pending resolution of the size and conformance issues regarding the sign. Mayor Low suggested the following alternatives: 1. Council can vote on the matter as presented; 2. The motion can be amended, if the second agrees; and 3. The original motion can be withdrawn and the matter will be continued to a later date. Motion by Santi, second by Wimmer, to withdraw the original motion and continue the matter to the next meeting of the Council on July 20, 2015. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: None. Motion carried. 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 City Administrator Morefield reiterated to Council that at the June 15, 2015 Council meeting, Council authorized the Mayor's execution of a new Intergovernmental Agreement between the City of McHenry and the McHenry Township Fire Protection District (MTFPD) contingent upon the MTFPD approval of the Intergovernmental Agreement. The MTFPD Board met on June 18, 2015 to consider the Intergovernmental Agreement and identified some revisions to language in the Agreement. City Administrator Morefield identified the modifications to the Intergovernmental Agreement. Motion by Wimmer, seconded by Schaefer, authorizing the Mayor's execution of the revised Intergovernmental Agreement, between the City of McHenry and the McHenry Township Fire Protection District, as presented. Voting Ave: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 6 July 6, 2015 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 City Administrator Morefield informed Council that the City of McHenry has Boundary Agreements with five adjacent municipalities: Village of Bull Valley; Village of McCullom Lake; Village of lohnsburg; Village of Ringwood; and Village of Prairie Grove. The primary purpose of a boundary agreement is to address areas in close proximity to multiple governmental jurisdictions and if a developer or property owner wishes to annex land within those areas, the agreement specifies to which municipality the land would be annexed. In M02, the City Council approved a Boundary Agreement with the Village of McCullom Lake for a term of 20 years. Staff was recently contacted by the Village of McCullom Lake requesting an amendment to the existing Agreement to allow the property at the southeast corner of Flanders and Ringwood Roads, consisting of approximately 22 acres, to be annexed to the Village of McCullom Lake. The parcel in question is currently unincorporated however the existing Agreement only permits the parcel to be annexed to the City of McHenry. The proposed amendment sought by the Village of McCullom Lake would allow the parcel in question to be annexed to the Village and marketed for commercial and residential development, with a portion allowing a density of up to 18 dwelling units per acre. In November 2014, Staff determined and informed the property owner's attorney that the proposed land uses, zoning classifications and densities outlined in the Agreement were not consistent with the City of McHenry's Comprehensive Plan, which designates the 22-acres in question as medium -density residential (4-9 dwelling units per gross acre). The property is immediately east of the Martin Woods Subdivision, which is zoned RS-1. The RS-1 zoning classification is low density single-family residential with a minimum lot size of 30,000 square feet, which equates to .59 dwelling units per gross acre. If approve, the proposed amendment to the Boundary Agreement could have an adverse impact to the land use and therefore, Staff does not recommend the proposed amendment to the Boundary Agreement. Mayor Low introduced Will of McCullom Lake President Terry Counley who was present at the meeting. Motion by Glab, second by Curry, to deny the 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. Mayor Low clarified to Council that a "yes" vote would be a vote to deny the request for an amendment to the Boundary Agreement. Regular Meeting Page 7 July 6, 2015 Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. 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 PARKWAY; CITY OF MCHENRY; MCHENRY COUNTY, NUNDA 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 City Administrator Morefield stated in 2009, an Economic Development Plan was approved for the City of McHenry. In 2011, the City Council adopted an Economic Development Strategy that focuses on goals and objectives pertaining to business expansion, attraction and retention. On March 17, 2014, Council approved the Underutilized Property Tax Abatement and Incentive Program 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 the 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. A Preliminary Application for Underutilized Property Tax Abatement and Incentive Program was submitted by Mr. Keith Wagner, President of Fabrik Molded Plastics (Fabrik), located at 5213 Prime Parkway in the McHenry Corporate Center. Fabrik is a leader in the plastics injection molding industry, employs approximately 400 people and has been located in the City of McHenry for over 30 years. The property Fabrik currently occupies consists of six parcels, a 113,904 square foot building, and total land area equal to 1.63 acres. Fabrik is seeking to expand business operations and contemplating all options; one of which is to remain at their current location and purchase the building at 1515 Miller Parkway. The proposed expansion would result in employment of an estimated 100 additional employees within the next three to four years. Additionally, the proposed expansion would add approximately $1.5 million to $3 million annually to Fabrik's payroll. Further, Fabrik would be spending approximately $5 million over a three to four year time period for the expansion, which includes equipment, building and site improvements. Mr. Wagner has received offers from Indiana, Alabama and Kentucky to move Fabrik to their state. Regular Meeting Page 8 July 6, 2015 The property at 1515 Miller Parkway has been vacant for several years. The last tenant was Clariant Corporation. Due to the building's vacancy, property taxes have been reduced and the current property taxes for the site are $51,209. When occupied and assessed the taxes are estimated to increase to $82,635 per year. The proposed abatement is for the increase only, which is $31,426 for all 11 taxing districts, ($314,260 over a 10-year abatement term), and $2,123 per year for the City of McHenry, ($21,230 over a 10-year abatement term). City Administrator Morefield noted this was the proposed site for Phoenix Farms of Illinois medical cannabis cultivation facility. The Agreement includes all applicable taxing districts. Should one or more of the districts choose not to approve the proposed abatement, the district(s) would be removed from the Agreement. Also, there is no guarantee that Fabrik would remain and expand to 1515 Miller Parkway, even if the Agreement is approved however the Agreement does offer an incentive to Fabrik to remain in McHenry. City Administrator Morefield indicated initial feedback and cooperation by the other taxing districts has been positive. Staff has offered to attend meeting(s) should any of the other ten taxing districts request, to answer questions in an attempt to promote a cooperative effort for the benefit of the entire County. Staff attended the McHenry District 156 board meeting and the McHenry County Finance Committee meeting. The City of McHenry is the first entity to formally consider authorizing the Mayor's execution of the Agreement. There is some urgency regarding the request, therefore Staff is recommending that Council waive the requirement for the abatement request to be considered by the Finance Committee prior to being presented to full Council. Mr. Wagner addressed Council. He stated that he is interested and trying to expand in the McHenry area, however, is unable to make an offer on the building at 1515 Miller Parkway until he knows if the tax abatement is a possibility. A brief discussion ensued. Motion by Condon, second by Wimmer to approve waiving the requirement in Article V of the City of McHenry Municipal Code requiring tax abatements to be considered by the Finance Committee prior to being presented to full City Council and authorize 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, Nunda Township Road and Bridge District, and Seth Wagner and Associates Real Estate Company as presented. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. 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 City Administrator Morefield informed Council that a couple of months ago, McHenry Elementary School District 15 received zoning approval, in the form of Conditional Use Permits, Regular Meeting Page 9 July 6, 2015 from Council to expand two schools; Chauncey H. Duker Middle School and Hilltop Elementary School as 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 an assembly use, which is a conditional uses in all residential zoning districts. The subject of the petition is an approximately 11,200 square foot addition to the southwest corner of Edgebrook School. The addition is located on property zoned RS-3. The subject property contains several parcels, which are zoned RS-3 and RS4 and contains Chauncey H. Duker School and Edgebrook Elementary School, mobile classrooms, parking, a maintenance building, ball fields, playgrounds and green space areas. The Planning and Zoning Commission unanimously recommended approval, by a vote of (5-0) 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 requested on the subject property located at 701 N. Green Street, McHenry, Illinois (Edgebrook School). Alderman Condon, stated to the Council that her husband is the owner of Condon Consulting Engineers, which performed the civil engineering on the building. Motion by Santi, second by Curry, approving an Ordinance granting a Conditional Use Permit to allow an assembly use (educational institution) and proposed addition totaling approximately 11,200 square feet located at 701 N. Green Street, McHenry, Illinois (Edgebrook School), as presented. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. 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 City Administrator Morefield informed Council that a couple of months ago, McHenry Elementary School District 15 received zoning approval, in the form of Conditional Use Permits, from 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 the petition is at Valley View Elementary School located at 6515 Illinois Route 120, adjacent to the gravel pit/mining operation. Mr. Morefield noted that the City's Zoning Ordinance classifies schools as an assembly use, and assembly uses are conditional uses in all residential zoning districts. Regular Meeting Page 10 July 6, 2015 The Planning and Zoning Commission unanimously recommended approval, by a vote of (5-0) of 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; parking lot expansion with the condition it complies with the City's off-street parking and loading Ordinance and Illinois Accessibility Code; and any variances required to effectuate the aforementioned request on the subject property located at 6515 Illinois Route 120, McHenry, Illinois (Valley View Elementary School). McHenry Elementary School District 15 Superintendent Alan Hoffman, and CFO Mark Bertolozzi, were in attendance and available to answer questions. Alderman Condon, stated to the Council that her husband is the owner of Condon Consulting Engineers, which performed the civil engineering on the building. Motion by Wimmer, second by Santi, approving the Ordinance granting 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; 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) and the Illinois Accessibility Code, which dictates the number of handicapped accessible spaces which will be required and how the 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, Illinois (Valley View Elementary School), as presented. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. 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 City Administrator Morefield stated that on June 1, 2015, 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 244ch sanitary force main; • CWWTP pumping station; • Preliminary treatment improvements; • Secondary treatment improvements (SBR); • Tertiary treatment improvements; and Regular Meeting Page 11 July 6, 2015 • Related subsidiary work. The project was broken into two separate bid packets. HR Green, Inc. has submitted a Professional Services Agreement for the Wastewater Treatment Facility Consolidation Construction Phase Services. The scope of services includes bidding assistance, project management, construction contract administration, shop drawing review, resident engineer observation, payment recommendations, and preparation of record drawings. The Professional Services Agreement with HR Green, Inc. for the construction observation phase of the project is for the lump sum of $1,443,000. Alderman Santi opined at some point he would like to see the City bid out engineering proposaIs for large projects. Motion by Wimmer, second by Condon, approving 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, as presented. Voting Aye: Schaefer, Wimmer, Peterson, Condon. Voting Nay: Santi, Glab, Curry. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low informed Council that the July 4th fireworks display was a successful event and thanked Staff for their support during the event. Mayor Low announced Fiesta Days will begin Friday, July 10th and encouraged everyone to attend the ongoing events throughout the week. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS Deputy City Administrator Hobson summarized the various Fiesta Day events that would be taking place Friday, July 10th through Sunday, July 19tn Deputy City Administrator Hobson announced a citywide mosquito abatement has been scheduled. FUTURE AGENDA ITEMS Alderman Glab stated he was pleased with the 4ch of July fireworks display at Petersen Park and thought the event was well organized. He also informed the Council that he timed the fireworks display and it lasted 28 minutes. Regular Meeting Page 12 July 6, 2015 Mayor Low thanked the Jaycees for their efforts and participation in the annual 4th of July fireworks display. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:38 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:38 pm. Mayor City Clerk REGULAR MEETING July 20, 2015 Mayor Low called the regularly scheduled JUIy 20, 2015 meeting of the McHenry City Council to order at 7:00 p.m. In attendance were the following Aldermen: Santi, Glab, Curry, Wimmer, Peterson and Condon. Absent: Schaefer. Also in attendance were City Administrator Morefield, Director of Economic Development Martin, Director of Finance Lynch, Director of Public Works Schmitt, Chief of Police Jones, City Attorney McArdle and City Clerk Jones, CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. CALL TO ORDER A PUBLIC HEARING REGARDING THE PROPOSED AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE PRESERVES OF BOONE CREEK • PUBLIC COMMENT • COUNCIL COMMENT • MOTION TO CLOSE THE PUBLIC HEARING (A) MOTION TO APPROVE AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK'S EXECUTION OF THE PROPOSED AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE PRESERVES OF BOONE CREEK Mayor Low called to order the continued Public Hearing regarding the proposed Amendment to the Annexation Agreement for the Preserves of Boone Creek at 7*01 pm. City Administrator Morefield reiterated that on April 11, 2005, the City entered into an Annexation Agreement for the subdivision and development of approximately 300 acres north of Bull Valley Road, and east and west of Curran Road. The Agreement includes the approval of a concept plan for the development of 414 single-family homes, 136 townhome dwellings and a commercial property at the intersection of Bull Valley and Curran Roads. Due to the downturn in the economy the development was annexed and zoned, however, the property has not received any type of subdivision plat approval, either preliminary or final. At the June 15, 2015 Council meeting, Staff brought forth a proposed Amendment to the Preserves of Boone Creek Annexation Agreement. Because of increasing traffic and safety concerns at the intersection of Bull Valley and Curran Roads, Staff sought funds through the McHenry County Council of Mayors Surface Transportation Policy program to facilitate the completion of a traffic signal and corresponding roadway widening and construction of turn lanes at Curran and Bull Valley Roads. However, to complete the improvements additional right-of-way at Bull Valley and Curran Roads is required. Staff approached Mr. Roger Gerstad to discuss obtaining the right-of-way required. Obtaining the right-of-way in a timely manner was required to complete the project to preserve grant funding. In exchange for dedicating the right-of-way, Staff proposed extending the Regular Meeting Page 2 July 20, 2015 current Preserves of Boone Creek Annexation Agreement for an additional ten years. As a result of concerns expressed by Council at the June 15, 2015 meeting, Staff again approached Mr. Gerstad who agreed to revisions in the original Agreement to Paragraph 6 Agricultural Uses. Mayor Low asked for comments from the Public in attendance and there were none. Mayor Low asked for comments from Council. Alderman Santi thanked Mr. Gerstad for his time and cooperation. He indicated that any questions or concerns he had have been addressed by Staff. Responding to an inquiry from Council, City Administrator Morefield indicated that the approximately cash value of the 10.2 acres is $52,000. Alderman Glab expressed reservations regarding the commercial portion of the subdivision. Alderman Wimmer and Alderman Condon concurred with Alderman Santi, thanking Mr. Gerstad for returning to address Council. Motion by Wimmer, second by Santi to close the Public Hearing regarding the First Amendment to the Preserves of Boone Creek Annexation Agreement, including acceptance of a Plat of Dedication for right-of-way along Bull Valley Road and Curran Road at 7:06 pm. Voting Aye: Santi, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. The Public Hearing closed at 7:06 pm. MOTION TO APPROVE THE ORDINANCE AUTHORIZING THE MAYOR'S AND CITY CLERK'S EXECUTION OF THE PROPOSED AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE PRESERVES OF BOONE CREEK Motion by Condon, second by Curry, approving an Ordinance authorizing the Mayor and the City Clerk's execution of the First Amendment to the Preserves of Boone Creek Annexation Agreement between the City of McHenry, First Midwest Bank Trust #4562, First Midwest Bank Trust #13375 and Gerstad Builders, subject to revisions in the original Agreement to Paragraph 6, Agricultural Uses. Voting Aye: Mayor Low, Santi, Curry, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: Schaefer. Regular Meeting Page 3 July 20, 2015 Motion carried. CALL TO ORDER A PUBLIC HEARING REGARDING A PROPOSED ANNEXATION AGREEMENT, ANNEXATION, CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE, INCLUDING A ONE- NIGHT/WEEK USE AS A PADS (PUBLIC ACTION TO DELIVER SHELTER) FACILITY AND TEMPORARY SIGN VARIANCES FOR THE PROPERTY LOCATED AT 1809 S. ROUTE 31 (UNINCORPORATED), KNOWN AS THE CHAPEL • PUBLIC COMMENT • COUNCIL COMMENT • MOTION TO CLOSE THE PUBLIC HEARING (A) MOTION TO APPROVE AN ORDINANCE AUTHORIZING THE MAYOR'S AND THE CITY CLERK'S EXECUTION OF THE ANNEXATION AGREEMENT BETWEEN THE CITY OF MCHENRY AND THE CHAPEL, (B) MOTION TO APPROVE AN ORDINANCE ANNEXING THE PROPERTY AT 1809 SOUTH ILLINOIS ROUTE 31, (C) MOTION TO APPROVE AN ORDINANCE AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE INCLUDING A ONE-NIGHT PER WEEK USE AS A PADS (PUBLIC ACTION TO DELIVER SHELTER) FOR THE PROPERTY LOCATED AT 1809 SOUTH ILLINOIS ROUTE 31, WITH STATED CONDITIONS, (D) MOTION TO APPROVE TEMPORARY SIGN VARIANCES TO ALLOW TWO FREESTANDING SIGNS AND A BILLBOARD, WHICH CURRENTLY EXIST ON THE PROPERTY LOCATED AT 1809 SOUTH ROUTE 31 Mayor Low opened the Public Hearing regarding a proposed Annexation Agreement for the property located at 1809 S. Route 31 at 7:08 pm. City Administrator Morefield stated The Chapel has held worship services at McHenry High School West Campus for the past several years. The Chapel appeared before Council on August 19, 2013, to obtain a Conditional Use Permit to allow an assembly use to construct a new church building. Council authorized execution of an Annexation Agreement, approved an Ordinance annexing the property, and granted a Conditional Use Permit to allow an assembly use. The Chapel subsequently purchased the property located at 414 S. Crystal Lake Road, formerly the Koehn Farm. City Administrator Morefield informed Council that The Chapel, in the interim was provided an opportunity to locate to an existing building located at 1809 South Illinois Route 31, and has decided to pursue annexation of the property to the City of McHenry, renovation of the existing structure and eventually hold services at the property at 1809 S. Illinois Route 31. City Administrator Morefield explained The Chapel's intentions for the building and the necessity for a Conditional Use. City Administrator Morefield informed Council the applicant also submitted a traffic study. Regular Meeting Page 4 July 20, 2015 City Administrator Morefield stated The Chapel has been a good partner with the City of McHenry and has been cooperative and worked with the City in preparing the property previously annexed. The Chapel staff has been responsive to all concerns raised by City Staff regarding the property. The Planning and Zoning Commission unanimously recommended approval by a vote of (5-0) of a Conditional Use Permit to allow assembly use, including a one-night per week use as a PADS site on the property located at 1809 S. Illinois Route 31, as presented, with conditions. Mayor Low asked for comments from the Public in attendance and there were none. Mayor Low asked for comments from Council. Alderman Condon opined The Chapel is community minded. Alderman Glab stated in his opinion the location is good for the establishment of a church. He expressed concerns regarding transportation and safety issues for persons utilizing the PADS facilities. Mayor Low stated it is her belief that the Pioneer Center provides a bus as a transportation option for those wishing to utilize it. Director of Economic Development Martin responded to Alderman Curry's inquiries regarding signage. Motion by Santi, second by Wimmer, to close the Public Hearing regarding a proposed Annexation Agreement, Annexation, Conditional Use Permit to allow an assembly use, including a one-night per week use as a PADS facility and temporary sign variances for the property located at 1809 South Illinois Route 31 (unincorporated) at 7:12 pm. Voting Aye: Santi, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. The Public Hearing was closed at 7:12 pm. Motion by Condon, second by Santi, to approve the Ordinance authorizing the Mayor's execution of an Annexation Agreement between the City of McHenry and The Chapel. Voting Ave: Mayor Low, Santi, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Regular Meeting Page 5 July 20, 2015 Motion by Santi, second by Curry, to approve the Ordinance annexing the property located at 1809 South Illinois Route 31. Voting Aye: Mayor Low, Sant!, Glab, Curry, Wlmmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Motion by Condon, second by Curry, to approve the Ordinance authorizing a Conditional Use Permit to allow an assembly use, including a one-night per week use as a PADS (Public Action to Deliver Shelter) for the property located at 1809 South Illinois Route 31, with the conditions stated by the Planning and Zoning Commission. Voting Aye: Santi, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Motion by Curry, second by Condon, to approve a temporary sign variance to allow two freestanding signs and a billboard, which currently exists on the property located at 1809 South Route 31. Voting Aye: Santi, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. CALL TO ORDER A PUBLIC HEARING FOR THE PRESENTATION OF FISCAL YEAR 2015/2016 APPROPRIATION ORDINANCE IN THE AMOUNT OF $44,638,069 (A) MOTION TO APPROVE THE FISCAL YEAR 2015/2016 APPROPRIATION ORDINANCE IN THE AMOUNT OF $44,638,069, TO BE FILED WITH THE OFFICE OF THE COUNTY CLERK PURSUANT TO ILLINOIS STATE STATUTE WITHIN 30 DAYS OF ADOPTION Mayor Low called to order the Public Hearing regarding the Fiscal Year 2015/2016 Appropriation Ordinance, in the amount of $44,638,069 at 7:19 pm. City Administrator Morefield informed Council that the Appropriation Ordinance provides the legal authority under state statute to allocate funds for specific spending activities. The Ordinance, which must be adopted no later than the end of the first quarter of the new fiscal year, also establishes the municipality's legal spending limit for the fiscal year. Regular Meeting Page 6 July 20, 2015 The Appropriation Ordinance reflects anticipated expenditure levels found in the annual operating budget. Budget amendments approved by the City Council during the year and other adjustments necessitated by unforeseen expenditures would be included in a Supplemental Appropriation Ordinance. Mayor Low asked for comments from the Public in attendance and there were none. Mayor Low asked for comments from Council. Alderman Curry opined that some of the budgets appear to be overstated. Motion by Santi, second by Peterson, to close the Public Hearing regarding the Fiscal Year 2015/2016 Appropriation Ordinance, in the amount of $44,638,069. Voting Aye: Santi, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. The Public Hearing was closed at 7:21 pm. Motion by Condon, second by Santi, to approve the Fiscal Year 2015/2016 Appropriation Ordinance, in the amount of $44,638,069. Voting Aye: Santi, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. PUBLIC INPUT SESSION No one signed in to speak at the Public Input Session. CONSENT AGENDA A. Special Event Liquor License for St. Patrick Catholic Church Oktoberfest on September 26, 2015; B. McHenry Elementary School Foundation request to close portions of Glenbrook Trail and Dartmoor Drive and City support services for the 14`h Annual Run/Walk-a-Thon for Literacy on September 6, 2015; C. Approval of Parks Special Use/Picnic Permits D. Block Party on Eisenhower Boulevard, Liberty Trail Subdivision; E. June 15, 2015 City Council meeting minutes; F. Approval of As Need Checks, in the amount of $110,062,55; and G. Approval of List of Bills, in the amount of $548,232.23. Responding to Alderman Santi's inquiry regarding the length of the course for Item B, Deputy City Administrator Hobson stated it is a 5K, but not a certified course. Regular Meeting Page 7 July 20, 2015 Motion by Wimmer, seconded by Santi, to approve the Consent Agenda, as presented. Voting Aye: Santi, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. MOTION TO APPROVE SIGN VARIANCES FOR REMAX PLAZA, 4005 KANE AVENUE, TO ALLOW AN ADDITIONAL WALL SIGN FOR UNITS L. M, O, AND P City Administrator Morefield reiterated to Council that on July 7, 2015, the Council considered a sign variance for the property at 4005 Kane Avenue, Unit L, Lucky Poker, to allow a second wall sign on the south elevation of the ReMax Plaza Shopping Center and Council expressed the desire for a consistent style sign on rear elevations of buildings, which were not outlots within shopping centers. Additionally, Council expressed concerns if sign variances are granted in such instances and there were multiple tenants should the sign have a consistent appearance as it pertains to size, style and color. Council tabled the variance request submitted to the July 20, 2015 meeting to provide Staff an opportunity to work with Mr. Jim Schaid, owner of ReMax Plaza, to present a revised proposal incorporating Councils discussions points. Mr. Schaid has suggested four sign variances be granted to permit additional wall signs for Unit 0, L, M and P. He is proposing that each sign would consist of block channel letters mounted on a raceway or directly onto the wall. Each of the letters would not exceed two feet in height and lowercase letters would not exceed 1.5 feet in height. All signs would be the same color. Staff believes this to be a fair compromise and does not believe it to be precedent setting. Motion by Condon, second by Peterson, permitting the sign variances for 4005 Kane Avenue, Unites 0, M and L, with each sign consisting of block channel letters mounted on a raceway; uppercase letters cannot exceed two feet in height; lowercase letters cannot exceed 1.5 feet in height; signs for all units must be consistent with the color of the current Subway sign (white); can be backlit; must be mounted directly onto the rear wall or alternatively onto a raceway and no logos are permitted. Additionally, a sign variance is granted to 4005 Kane Avenue, Unit P, (currently Subway); consistent with the aforementioned conditions for 4005 Kane Avenue (Units 0, M and L). Voting Aye: Santi, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Regular Meeting Page 8 July 20, 2015 MOTION TO APPROVE THE APPLICATION FROM OLD TOWN PIZZA OF MCHENRY D/B/A OLD TOWN PIZZA, LOCATED AT 514 S. ROUTE 31 FOR A CLASS H LIQUOR LICENSE AND APPROVAL OF AN ORDINANCE INCREASING THE NUMBER OF CLASS H LIQUOR LICENSES IN EFFECT FROM FOUR (4) TO FIVE (5) City Administrator Morefield informed the Council Brian Burkus, owner of Old Town Pizza, intends to move from his current location on Route 31 to 514 South Route 31 (former site of Blue Cherry Frozen Yogurt). Mr. Burkus has submitted an application for a Class H liquor license to serve beer and wine, at tables only, in conjunction with the restaurant. City Administrator Morefield stated that Mr. Burkus has been fingerprinted by McHenry Police, all fees have been paid and all required paperwork has been submitted. Mayor Low announced that she has met with the applicant, Mr. Burkus, and has no concerns. Motion by Santi, second by Curry, approving the application from Old Town Pizza of McHenry d/b/a Old Town Pizza, located at 514 S. Route 31, for a Class H liquor license and an Ordinance increasing the number of Class H liquor licenses in effect from four (4) to five (5), with the condition that all employees involved in the sale and service of alcohol obtain BASSET certification. Voting Aye: Santi, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. MOTION TO APPROVE AN APPLICATION FROM MCMART, INC. D/B/A MCHENRY MARATHON, LOCATED AT 4608 W. CRYSTAL LAKE ROAD, FOR A CLASS F3 LIQUOR LICENSE AND APPROVAL OF AN ORDINANCE INCREASING THE NUMBER OF CLASS F3 LIQUOR LICENSES IN EFFECT FROM FIVE (5) TO SIX (6) City Administrator Morefield informed the Council that Mr. Kannampallii Esthappan, owner of McMart, Inc. d/b/a McHenry Marathon, located at 4508 W. Crystal Lake Road, has submitted an application for a Class F3 liquor license to sell wine in conjunction with a gas station. at retail package spirits, beer and City Administrator Morefield stated that Mr. Esthappan and his manager, Mr. Moses Chinnam have been fingerprinted by McHenry Police, all fees have been paid and all required paperwork has been submitted. Mayor Low announced that she has met with the applicant and has no concerns. Alderman Condon expressed concerns that alcohol would be sold in close proximity to a school. Regular Meeting Page 9 July 20, 2015 Motion by Santi, second by Curry, approving the application from McMart, Inc. d/b/a McHenry Marathon, located at 4508 W. Crystal Lake Road, for a Class F3 liquor license and an Ordinance increasing the number of Class H liquor licenses in effect from five (5) to six (6), with the condition that all employees involved in the sale and service of alcohol obtain BASSET certification. Voting Aye: Santi, Glab, Curry, Wimmer, Peterson. Voting Nay: Condon. Absent: Schaefer. Motion carried. MOTION TO APPROVE AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW AN OPEN SALES LOT, OUTDOOR STORAGE, AND BULK FUEL STORAGE FOR BIG R STORES, LOCATED AT 1860 N. RICHMOND ROAD City Administrator Morefield informed the Council that Big R Stores, a farm and home retailer is interested in purchasing the building formerly occupied by Target, located on Lot 1 in the McHenry Plaza Shopping Center. McHenry Plaza Shopping Center consists of approximately 194,000 square feet and the former Target building is 95,420 square feet. The lot the former Target building sits on consists of nine acres and contains 521 parking spaces. Big R is seeking a use variance to allow: • An open sales lot; and • Outdoor storage and bulk fuel storage and sales ("Accessory Use") in conjunction with their retail business ("Principal Use"). A use variance is required because outdoor sales and display and bulk fuel sales are not permitted uses in the C-3 Zoning District, however, these uses are commonly associated with this type of business. As an example, Home Depot maintains outdoor storage and display areas. Home Depot is zoned C-5, and did receive a Conditional Use Permit to allow outdoor sales and storage. City Administrator Morefield described an open sales lot as defined by the Zoning Ordinance. The proposed outdoor storage and merchandise pick-up area on the north side of the building would be utilized for bulk kerosene and propane sales and storage, as well as for farm and agri-business items and the area will be paved. City Administrator Morefield state that the State Fire Marshall regulates bulk fuel storage, which is required to be a minimum of 25 feet from the building. Any above -ground bulk fuel storage tanks must be constructed and inspected by the State Fire Marshall prior to the tank being filled. Staff has recommended that bollards be placed adjacent to the bulk fuel storage tanks. Additionally, the area will be enclosed by a black chain link fence. Regular Meeting Page 10 July 20, 2015 Staff believes the requests Big R is seeking are reasonable, consistent with Lite Zoning Ordinance, Comprehensive Plan and will not adversely impact adjacent properties. City Administrator Morefield noted that the Planning and Zoning Commission unanimously recommended approval of a use variance to allow an open sales lot; outdoor storage and bulk fuel storage at 1860 N. Richmond Road, subject to certain conditions. City Administrator Morefield introduced Mr. Jerald Sherman, Chief Financial Officer of Big R Stores, whose offices are located in Watseka, Illinois. Mr. Morefield stated that Mr. Sherman would address any questions. Responding to concerns expressed by Alderman Glab about storage outside of the store, Or. Sherman approached the podium and explained the equipment proposed to be displayed outside would be lawn and garden displays and surrounded by black chain link fencing. Motion by Wimmer, seconded by Condon, approving a Use Variance to allow an open sales lot; outdoor storage and bulk fuel storage at 1860 N. Richmond Road, as presented, subject to the conditions recommended by the Planning and Zoning Commission. Voting Aye: Santi, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. MOTION TO APPROVE AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT BETWEEN THE CITY OF MCHENRY AND CENTRAL BIG R STORES RELATED TO THE PROPERTY AT 1860 N. RICHMOND ROAD City Administrator Morefield explained the proposed Economic Incentive Agreement between the City of McHenry and Central Big R Stores for the redevelopment of the property located at 1860 N. Richmond Road. Target purchased the property is 1992 for $2,000,000 and opened the Target Store in 1994. The proposed Agreement with Central Big R Stores includes a 100% sales tax rebate, which would be rebated to Central Big R Stores annually by the City for a maximum reimbursement not to exceed $400,000. The Agreement is solely for the reimbursement of equipment and fixture purchases. City Administrator Morefield informed Council that the term of the Agreement is five years and only includes the base sales tax, or 1% of the total gross receipts, and does not included the additional .5% Home Rule Sales Tax, which the City would retain. Staff believes the proposed rebate is not excessive and the positive impacts the redevelopment would have, both financially, aesthetically and to residents and businesses in the City, far exceeds the requested financial incentive. Regular Meeting Page 11 July 20, 2015 Alderman Wimmer noted the Agreement is short term and appears to benefit all parties. Responding to an inquiry by Alderman Peterson regarding the number of employees proposed for Big R in McHenry, Mr. Sherman stated approximately 40 full-time employees are anticipated. Motion by Wimmer, second by Condon, authorizing the Mayor's execution of an Economic Incentive Agreement between the City of McHenry and Central Big R Stores, as presented. Voting Aye: Santi, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. MOTION TO APPROVE AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 7.50 SIGNS SECTION 7.50.2, SUBSECTION E, PARAGRAPH 2 NONCONFORMING SIGNS City Administrator Morefield informed Council that in 2006 amendments were made to the City's Sign Ordinance and adopted by the City Council. Included in those amendments was the regulation and amortization of non -conforming freestanding signs. In January and February 2012, the Community Development Committee discussed the impending August 7, 2013 amortization deadline. Staff was directed by the Committee to investigate the matter to verify the original intent of the Ordinance. In May 2012 Staff presented the issue to the Committee and following review of the 2006 changes, conversations with the City Attorney, compilation of cost estimates to businesses to comply with the Ordinance, and completion of a comprehensive survey of businesses that had non -conforming signs; Council approved a two-year extension of the amortization period on October 1, 2012. The two-year extension was initiated and support by Staff and the Council, with an understanding of the burden that would be placed on businesses during an uncertain economy. The amortization deadline was extended to August 7, 2015. City Administrator Morefield informed Council that with the approach of the August 7, 2015 deadline, Staff received feedback from multiple property owners expressing concerns pertaining to the impending deadline and the financial impact of the Ordinance requirements on their property and businesses. The topic was discussed as an agenda item at the June 22, 2015 Community Development Committee meeting. Asa result of input from property and business owners and discussions by the Committee and Staff, the Committee directed Staff to develop an Ordinance for Section 7.50 (Signs), Paragraph E (Nonconforming Signs), Sub -paragraph 2 (Other Signs) of the McHenry Regular Meeting Page 12 July 20, 2015 Municipal Code to be amended to allow existing non -conforming signs to exist until/unless certain criteria were met that would cause the need to bring the signs into compliance. In summary, the proposed amendment eliminates the deadline by which nonconforming signs must come into conformance, eliminates the annual re -inspection fee option, and introduces a set of criteria by which nonconforming signs would be brought into conformance through the normal redevelopment and reuse process. Alderman Peterson opined that he believes the Ordinance is too vague and that a period of time of 180 consecutive days is more reasonable than 90-days, if a property has a nonconforming sign and is vacant. He stated he would not support the Ordinance. Alderman Condon stated that should there ever be an issue regarding signage, a property owner and/or business owner is always welcome to inquire of Staff and if necessary approach the Council with a request for a variance. Voting Aye: Santi, Glab, Curry, Wimmer, Condon. Voting Nay: Peterson. Absent: Schaefer. Motion carried. City Attorney McArdle departed chambers at 8:21 pm. MOTION TO APPROVE THE PUBLIC WORKS_COMMITTEE RECOMMENDATION AND APPROVE AN ORDINANCE REPEALING AND REPLACING AND AMENDING MUNICIPAL CODE CHAPTER 13, MOTOR VEHICLES AND TRAFFIC, ARTICLES 7 AND 8 City Administrator Morefield recognized Police Officer Fisher. City Administrator Morefield informed Council that Officer Fisher was instrumental in restructuring the proposed Ordinance. Chief of Police Jones informed Council that beginning in 2009, the McHenry Police department began a program to conduct more thorough truck enforcement. The program included the purchase of portable scales to enforce overweight violations, as well as more training to specific officers to enforce laws directed specifically at trucks. Through these enforcement efforts between 2009 and 2014 the enforcement officers have had 2,173 contact and issued fines in excess of $279,000. As a result of the enforcement, it was noticed that the local Ordinance pertaining to truck traffic is very non-specific, antiquated and does not provide the officers the ability to legally enforce the Ordinance. Chief Jones explained the various Articles of the Ordinance and the necessity for the revision to the City of McHenry Traffic and Motor Vehicle Code. Regular Meeting Page 13 July 20, 2015 Motion by Wimmer, second by Santi, approving the Ordinance amending Chapter 13 of the City of McHenry Traffic and Motor Vehicle Code to repeal and replace Article 7 and Article 8, as presented. Voting Aye: Santl, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low informed Council that the 2015 Fiesta Days celebration was successful and a positive experience for the community despite the unfortunate weather. Mayor Low complimented and thanked all the City employees for their time and involvement in the event. Mayor Low announced the retirement of Pattie Lunkenheimer following 37 years of employment with the City of McHenry in the Park and Recreation Department, Mayor Low announced that a reception celebrating Ms. Lunkenheimer's retirement would take place at the Municipal Center on Friday at 3:30 pm. Mayor Low announced the Parade Marshall ceremony would take place on Thursday, July 23, 2015, at 7:00 pm in Veterans Memorial Park as the previous ceremony in the park was cancelled due to inclement weather. COMMITTEE REPORTS Alderman Wimmer reported that a Finance and Personnel Committee meeting was held prior to the Council meeting this evening. Minutes will be forthcoming. STAFF REPORTS Deputy City Administrator Hobson informed Council that the McHenry Pigtail League 2015 Fast Pitch Frenzy Softball Tournament begins today and will last through July 26, 2015. Deputy City Administrator Hobson informed Council that the annual Rotary Blues, Brews and Barbeque will be held Friday, July 315t through August 2nd in Petersen Park. Deputy City Administrator Hobson informed Council that the Farmers Markets held prior to the weekly City Band Concerts have been well attended. FUTURE AGENDA ITEMS Alderman Glab stated he is pleased to see new businesses coming into town. He opined he would also like to see more effort to retain old businesses. Regular Meeting Page 14 July 20, 2015 ADJOURNMENT Motion by Wimmer, seconded by Santi, to adjourn the meeting at 8:40 pm. Voting Aye: Santi, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. The meeting was adjourned at 8:40 pm. Mayor City Clerk REGULAR MEETING August 31 2015 Mayor Low called the regularly scheduled August 3, 2015 meeting of the McHenry City Council to order at 7:00 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Curry, and Wimmer. Absent: Peterson and Condon. Also in attendance were City Administrator Morefield, Director of Economic Development Martin, Director of Finance Lynch, Director of Public Works Schmitt, Chief of Police Jones, City Attorney McArdle, City Engineer Pieper and City Clerk Jones. Mayor Low introduced Boy Scout Mike McLaughlin from Troop 455 to the City Council and asked him to lead the Council in the Pledge of Allegiance. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. PUBLIC INPUT SESSION Mr. Dennis Leo, 710 Country Club Drive stated his concerns about golf carts crossing the road without observing vehicles traveling down Country Club Drive and city employees not wearing seatbelts while driving city vehicles. Mr. Andrew Hileman, Program Manager on the Board of the McHenry Jaycees, presented Mayor Low with a check in the amount of $10,000 to be used to offset the cost of the 2015 Jaycees Day Fireworks Display on July 4th. Mayor Low thanked Mr. Hileman and expressed appreciation for the Jaycees continued participation in the annual 4th of July event. CONSENT AGENDA A. Snowplowing Services for Fegers Subdivision for 2015-2016 Winer Season for a Flat Fee of $2,533, up to 20 Snow/Ice Events; With Each Event Thereafter Charged at $126.65 Per Hour Regular Time and $150.75 Per Hour Overtime; B. Special Event Liquor License for Outdoor Sales of Beer for the McHenry VFW Post 4600 Annual Corvette, Street Rods & Bike Show, on Saturday, August 8, 2015, from 8:00 am to 5:00 pm; C. Approval of Parks Special Use/Picnic Permits; and D. Approval of List of Bills, in the amount of $222,933.61. Motion by Wimmer, seconded by Curry, to approve the Consent Agenda, as presented. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer. Voting Nay: None. Absent: Peterson, Condon. Motion carried. MOTION TO APPROVE AN APPLICATION FROM THE PATROONS MEXICAN. RESTAURANT, INC. d/b/a THE PATROONS MEXICAN RESTAURANT, LOCATED AT 4005 KANE AVENUE, UNIT G, FOR A CLASS G1 LIQUOR LICENSE AUTHORIZING THE RETAIL SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT TABLES ONLY AND AN ORDINANCE INCREASING THE NUMBER OF CLASS G1 LIQUOR LICENSES IN EFFECT FROM EIGHT (8) TO NINE (9) Regular Meeting Page 2 August 3, 2015 City Administrator Morefield informed Council the applicant, Maria Martinez, intends to open The Patroons Mexican Restaurant at 4005 Kane Avenue, Unit G. and is applying for a Class 31 liquor license. Ms. Martinez owns and operates two restaurants serving alcohol in Wauconda and Lakemoor. Ms. Martinez is conversant with the State of Illinois liquor control regulations and would ensure all employees involved in the service of alcohol are BASSET certified. City Administrator Morefield stated that a Class G1 liquor license authorizes the sale of alcoholic beverages for consumption at tables where more than 50% of the annual gross revenue of the licensed premises is derived from the sale of food or non-alcoholic beverages. The McHenry Police Department has fingerprinted Ms. Martinez. All required fees have been paid and all required paperwork has been submitted. Mayor Low reiterated that Ms. Martinez successfully operates two other restaurants serving alcohol and stated she has no concerns approving the application. Motion by Curry, seconded by Schaefer to approve the application for a Class G1 liquor license to The Patroons Mexican Restaurant, Inc., d/b/a The Patroons Mexican Restaurant, located at 4005 Kane Avenue, Unit G, 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 (BASSET); and Ordinance increasing the number of Class G1 liquor licenses in effect from eight to nine. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer. Voting Nay: None. Absent: Peterson, Condon. Motion carried. MOTION TO AWARD BID TO CURRAN CONTRACTING COMPANY FOR THE 2015 STREET RESURFACING PROGRAM, INCLUDING THE GREEN STREET MUNICIPALITY PARKING LOT AND MISCELLANEOUS SIDEWALK REPLACEMENT IN THE DOWNTOWN BUSINESS DISTRICT, IN THE AMOUNT OF $416,848.33; ACTUAL AMOUNT MAY VARY BASED ON QUANTITIES USED. City Administrator Morefield informed the Council that on July 20, 2015, four bids were received for the 2015 Street Resurfacing Program. All of the bids provided by contractors met the prequalification requirements established by the Illinois Department of Transportation (IDOT). The bids ranged from $416,848.33 to $488,927.25. The streets include Meade Street (Crystal Lake Road to western dead end); Silver Glen road (Timber Trail to Deerwood Trail); Turnberry Drive (Green Street to Ronda Drive); Green Street parking lot and miscellaneous sidewalk replacement in the Downtown Business District area. The 2015/2016 Capital Improvements Program (CIP) includes: • $450,000 for the design/observation engineering and construction of the Street Resurfacing Program; Regular Meeting Page 3 August 3, 2015 • $40,000 for the resurfacing of Green Street Parking Lot; and • $7,500 for sidewalk replacement in the Downtown Business District area. City Administrator Morefield reiterated that Council previously approved a Professional Services Agreement with HR Green, Inc., in an amount not to exceed $49,485 for design/inspection engineering. The Engineer's Opinion of Probable Cost (EOPQ for the project is $421,850.16. HR Green, Inc. has analyzed and examined the bids for accuracy and recommends awarding the contract to Curran Contracting Company of Crystal Lake, Illinois. City Administrator Morefield noted that this is a unit price contract and the final cost of construction would be based on actual final quantities. Responding to inquiries from Council, City Administrator Morefield stated that with the amount of funds available as much as possible would be done at the downtown sidewalks. Alderman Glab inquired about Meade Street. He pointed out that it is a gravel road. Director of Public Works Schmitt informed Council that Meade Street is the last gravel road in the City of McHenry. He stated that gravel is added every year, which costs the City in product and man hours annually. Staff ascertained that paving Meade Street will be cost effective. Motion by Wimmer, second by Santi, approving the award of bid to Curran Contracting Company of Crystal Lake, Illinois, for the 2015 Street Resurfacing Program, including the Green Street parking lot and miscellaneous sidewalk replacement in the Downtown Business District area, in the amount of $416,848.33 as presented; actual amount may vary based on quantities uses. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer. Voting Nay: None. Absent: Peterson, Condon. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low informed Council that the annual Rotary Blues, Brews and Barbeque event was well run, well attended, and the weather was great. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS There were no Future Agenda Items. Regular Meeting Page 4 August 3, 2015 ADJOURNMENT Motion by Wimmer, seconded by Schaefer, to adjourn the meeting at 7:20 pm. Voting Aye: Santl, %J Cl Schaefer, Curry, Wimmer. Voting Nay: None. Absent: Peterson, Condon. Motion carried. The meeting was adjourned at 7:20 pm. Mayor City Clerk 100 1 00-04-531 0 POSTMASTER MCHENRY IL 1130*62 7/6/2015 100 100-2007 MCHENRY POLICE OFFICERS 135 07/06/2015 100 10046-5110 TIMBER RIDGE LODGE & WATERPARK 537.16 07/06/2015 100 100-2005 UNITED WAY OF MCHENRY COUNTY 26 07/06/2015 100 10045-5320 AT&T 77,12 07/09/2015 100 10045-5110 BUNDY AUDIO 1402 07/09/2015 100 100-334510 CINTAS CORPORATION LOC 355 137.52 07/09/2015 100 1 00-33-61 10 CINTAS CORPORATION LOC 355 115,76 07/09/2015 100 100-45-6110 PRECISION POWER COATING INC 140 07/09/2015 100 10045-5110 STICKER DUDE 216 7/14/2015 100 100-01-5410 BANKCARD PROCESSING CENTER 330 07/16/2015 100 100-01-5430 BANKCARD PROCESSING CENTER 22,64 07/16/2015 100 1 00-22-621 0 BANKCARD PROCESSING CENTER 146.75 07/16/2015 100 100-22-8300 BANKCARD PROCESSING CENTER 185.85 07/16/2015 100 10041-5430 BANKCARD PROCESSING CENTER 38 07/16/2015 100 10042-6110 BANKCARD PROCESSING CENTER 363.41 07/16/2015 100 10044-6110 BANKCARD PROCESSING CENTER 466.98 07/16/2015 100 100-46-6110 BANKCARD PROCESSING CENTER 206,35 07/16/2015 100 10047-5430 BANKCARD PROCESSING CENTER 57 07/16/2015 100 100-04-5310 UNITED PARCEL SERVICE 67.8 07/20/2015 100 100-22-5310 UNITED PARCEL SERVICE 30913 07/20/2015 100 10043-5320 AT&T 89A6 07/21/2015 100 100-01-5320 AT&T LONG DISTANCE 191,57 07/21/2015 100 100-22-5320 AT&T LONG DISTANCE 1.51 07/21/2015 100 100-33-5320 AT&T LONG DISTANCE 0.51 07/21/2015 100 10041-5320 AT&T LONG DISTANCE 015 07/21/2015 100 10042-5320 AT&T LONG DISTANCE 0.06 07/21/2015 100 10045-5320 AT&T LONG DISTANCE 0.17 07/21/2015 100 10046-5110 AZOOSEMENT INC 351.5 07/21/2015 100 100454510 DILLON, JOHN 165,83 07/21/2015 100 100-00-3410 EXPERT ROOFING 75 07/21/2015 100 1 00-22-61 10 SYNCB/AMAZON 126.62 07/21/2015 100 1 00-02-531 0 SWIFT CO INC, JOHN S 4005 07/22/2015 100 100-01-6940 COUNTY CLERKS OFFICE 10 07/28/2015 100 100-44-6110 PEPSI BEVERAGE COMPANY 887.29 07/28/2015 100 100-01-5330 SHAW MEDIA 795.1 07/28/2015 100 1 00-22-51 10 WADE, ROBERT J 195 07/28/2015 100 10046-5110 AMERICA'S ACTION TERRITORY 250.5 07/29/2015 100 100-04-5310 UNITED PARCEL SERVICE 32.9 07/29/2015 100 1 00-22-531 0 UNITED PARCEL SERVICE 11.72 07/29/2015 100 100-30-5310 UNITED PARCEL SERVICE 10042 07/29/2015 100 10045-5310 UNITED PARCEL SERVICE 52,12 07/29/2015 100 100-33-5520 COMED 224,76 07/31/2015 100 100-2192 LEGALSHIELD 64,75 07/31/2015 100 100-22-5450 THOMSON REUTERS - WEST 189 07/31/2015 200 200-00-9901 FIVE ALARM FIREWORKS 15000 07/09/2015 205 205-00-6940 NALLEY, BARBARA 40 07/06/2015 205 205-00-6940 STONE, JILL 484.62 07/06/2015 205 205-00-6940 WANDALL, SARAH 1168*18 07/06/2015 210 210-00-5110 CENTERFOLD INCORPORATED 1000 07/16/2015 280 28041-8800 TONYAN & SONS INC, WILLIAM 23990 07/09/2015 280 280-41-8800 TONYAN & SONS INC, WILLIAM 7508*96 07/09/2015 510 510-324510 CINTAS CORPORATION LOC 355 366.85 07/09/2015 510 510-314510 CINTAS CORPORATION LOC 355 83,35 07/09/2015 510 510-324510 CINTAS CORPORATION LOC 355 83.35 07/09/2015 510 510-31-6110 OAK CREEK WATER AND SEWER UTILITY 750 7/14/2015 510 510-31-5320 AT&T LONG DISTANCE 0.03 07/21/2015 510 510-32-5320 AT&T LONG DISTANCE 1,99 07/21/2015 510 510-31-5510 COMED 78.95 07/28/2015 510 510-32-5510 COMED 337.13 07/28/2015 510 510-32-5510 COMED 191.2 07/31/2015 600 600-00-4310 BLUE CROSS BLUE SHIELD OF ILLINOIS 153593489 07/06/2015 600 600-004320 BLUE CROSS BLUE SHIELD OF ILLINOIS 8944.4 07/06/2015 600 600-004310 BLUE CROSS BLUE SHIELD OF ILLINOIS 150610643 07/31/2015 600 600-004320 BLUE CROSS BLUE SHIELD OF ILLINOIS 8944A 07/31/2015 620 620-00-5110 BANKCARD PROCESSING CENTER 1940.7 07/16/2015 740 740-00-6960 NEUMANN JR, EDWARD J 500 07/31/2015 389182.06 FUND 100 TOTAL 13563.63 FUND 200 TOTAL 15000 FUND 205 TOTAL 1692.8 FUND 210 TOTAL 1000 FUND 280 TOTAL 31498.96 FUND 510 TOTAL 1892.85 FUND 600 TOTAL 322093,12 FUND 620 TOTAL 1940.7 FUND 740 TOTAL 500 TOTAL 389182.06 Vendor Name Expense Approval Register McHenry, IL LIST OF BILLS COUNCIL MEETING 8/17/15 Account Number Description (Item) Payable Number Post Date Amount Vendor: ACE HARDWARE, BJORI<MAN'S ACE HARDWARE, BJORKMAN'S 510-31-6110 SUPPLIES 7/1/15-7/31/15 08/17/2015 72.55 ACE HARDWARE, BJORKMAN'S 510-32-6110 SUPPLIES 7/1/15-7/31/15 08/17/2015 642.60 ACE HARDWARE, BJORKMAN'S 510-35-6110 SUPPLIES 7/l/15-7/31/15 08/17/2015 5.07 ACE HARDWARE, BJORKMAN'S 100-01-6110 SUPPLIES JULY 2015 08/17/201S 64.20 ACE HARDWARE, BJORKMAN'S 100-22-6110 SUPPLIES JULY 2015 08/17/2015 91.66 ACE HARDWARE, BJORKMAN'S 100-33-6110 SUPPLIES JULY 2015 08/17/2015 242.61 ACE HARDWARE, BJORKMAN'S 100-42-6110 SUPPLIES JULY 2015 08/17/2015 15.96 ACE HARDWARE, BJORKMAN'S 10045-6110 SUPPLIES JULY 2015 08/17/2015 675.58 ACE HARDWARE, BJORKMAN'S 100-47-6110 SUPPLIES JULY 2015 08/17/2015 33.19 Vendor ACE HARDWARE, WORKMAN'S Total: 11843.42 Vendor: ADAMS STEEL SERVICE INC ADAMS STEEL SERVICE INC 510-35-5370 VEHICLE REPAIRS 326483 08/17/2015 119.88 Vendor ADAMS STEEL SERVICE INC Total: 119.88 Vendor: ADVANCED AUTOMATION AND CONTROLS INC ADVANCED AUTOMATION AND 510-32-6110 SUPPLIES 15-2261 08/17/2015 21031.98 Vendor ADVANCED AUTOMATION AND CONTROLS INC Total: 21031.98 Vendor: ADVANTAGE BEHAVIORAL HEALTH ADVANTAGE BEHAVIORAL 100-01-5110 CONTRACTUAL SERVICES 10397 08/17/2015 11287.00 ADVANTAGE BEHAVIORAL 100-01-5110 CONTRACTUAL SERVICES 10400 08/17/2015 1,287.00 Vendor ADVANTAGE BEHAVIORAL HEALTH Total: 2,574.00 Vendor: ALLEN, ASHLIE ALLEN, ASHLIE 100-41-3637 PARKS & REC REFUND 126213 08/17/2015 8.33 Vendor ALLEN, ASHLIE Total: 8.33 Vendor: AMELIO, ROBERT AMELIO, ROBERT 100-47-5110 SOFTBALL UMPIRE FEES 7/20/15-7/31/15 08/17/2015 141.00 Vendor AMELIO, ROBERT Total: 141.00 Vendor: AQUA ILLINOIS AQUA ILLINOIS 510-32-5110 MCHENRYSHORES-SEWER MS-1611326 08/17/2015 155.70 Vendor AQUA ILLINOIS Total: 1SS.70 Vendor: ARIES INDUSTRIES INC ARIES INDUSTRIES INC 510-35-6110 SUPPLIES 348891 08/17/2015 710.57 ARIES INDUSTRIES INC 510-35-6110 SUPPLIES 348918 08/17/2015 64.64 Vendor ARIES INDUSTRIES INC Total: 775.21 Vendor: ASSOCIATED ELECTRICAL CONTRACTORS ASSOCIATED ELECTRICAL 100-42-5110 POOL ELECTRICAL REPAIRS 3499411 08/17/2015 280.06 Vendor ASSOCIATED ELECTRICAL CONTRACTORS Total: 280.06 Vendor: AT&T AT&T 100-01-5320 CENTREX LINES 8/1/15-8/31/15 08/17/2015 392.24 AT&T 100-02-5320 CENTREX LINES 8/1/15-8/31/15 08/17/2015 44.02 AT&T 100-22-5320 CENTREX LINES 8/1/15-8/31/15 08/17/2015 532.31 AT&T 100-30-5320 CENTREX LINES 8/1/15-8/31/15 08/17/2015 44.02 AT&T 100-33-5320 CENTREX LINES 8/1/15-8/31/15 08/17/2015 132.67 AT&T 10041-5320 CENTREX LINES 8/1/15-8/31/15 08/17/2015 88.04 AT&T 100-42-5320 CENTREX LINES 8/1/15-8/31/15 08/17/2015 44A3 AT&T 10043-5320 CENTREX LINES 8/1/15-8/31/15 08/17/2015 44.02 AT&T 100-44-5320 CENTREX LINES 8/1/15-8/31/15 08/17/2015 88.04 AT&T 100-45-5320 CENTREX LINES 8/1/15-8/31/15 08/17/2015 132.82 AT&T 620-00-5110 CENTREX LINES 8/1/15-8/31/15 08/17/2015 64.95 AT&T 510-31-5310 CENTREX LINES 8/1/15-8/31/15A 08/17/2015 264.12 AT&T. 510-32-5320 CENTREX LINES 8/1/15-8/31/15A 08/17/2015 268.18 8/12/2015 11:59:32 AM Expense Approval Register Vendor Name Account Number AT&T 100-33-5515 AT&T 100-22-5320 AT&T 100-43-5320 AT&T 100-45-5320 AT&T 10046-5320 AT&T 100-45-5320 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC 100-22-5370 AUTO TECH CENTERS INC 100-22-5370 Vendor: B&W CONTROL SYSTEMS INTEGRATION B&W CONTROL SYSTEMS 510-31-5110 Vendor: BAKER &SON CO, PETER BAKER & SON CO, PETER 100-33-6110 Vendor: BANKCARD PROCESSING CENTER BANKCARD PROCESSING 100 01-6210 BANKCARD PROCESSING 100-01-6940 BANKCARD PROCESSING 100-03-6110 BANKCARD PROCESSING 100-224510 BANKCARD PROCESSING 100-22-5430 BANKCARD PROCESSING 100-22-6210 BANKCARD PROCESSING 10042-6110 BANKCARD PROCESSING 100-46-6110 BANKCARD PROCESSING 620-00-5110 Vendor: BIRK,lOHN BIRK,IOHN 100-22-5370 BIRK, IOHN 100-22-5420 BIRK, IOHN 100-22-5440 Vendor: BLACKSTONE LANDSCAPE INC BLACKSTONE LANDSCAPE INC 100-33-5110 BLACKSTONE LANDSCAPE INC 100-41-5110 BLACKSTONE LANDSCAPE INC 510-31-5110 BLACKSTONE LANDSCAPE INC 510-32-5110 Vendor: BOXX THIS INC BOXXTHIS INC 100-44-6110 Vendor: BREMER, CURTIS H BREMER, CURTIS H 100-47-5110 Vendor: BRENNAN, DAN BRENNAN, DAN 100-03-5110 BRENNAN, DAN 100-03-5110 BRENNAN, DAN 100-03-5110 BRENNAN, DAN 100-03-5110 Vendor: BS8u4 SOFTWARE BS&A SOFTWARE 100-03-5110 8/12/2015 11:59:32 AM Description (Item) ALARM CIRCUITS ALARM CIRCUITS ALARM CIRCUITS ALARM CIRCUITS ALARM CIRCUITS ALARM CIRCUITS VEHICLE REPAIRS VEHICLE REPAIRS BWCSI SUPPORT SERVICES MATERIALS SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES REIMB TRAVEL EXP/REPAIRS REIMB TRAVEL EXP/REPAIRS TUITION REIMB MONTHLY MOWING/ MONTHLY MOWING/ MONTHLY MONTHLY SUPPLIES SOFTBALL UMPIRE FEES MOW ING SERVICES MOWING SERVICES MOWING SERVICES MOWING SERVICES ANNUAL SERVICE/SUPPORT Payable Number 31/15 15-9/3/15 15-9/3/15 15-9/3/15 15-9/3/15 15-8/247/15 Packet: APPKT00160-ALAR1vi CIRCUITS Post Date Amount 08/17/2015 OS/17/2015 08/11/2015 08/17/2015 OS/17/2015 08/17/2015 Vendor AT&T Total: 94.81 90.64 85,47 44.13 44.12 94.42 2,593.15 264620 OS/17/2015 25.00 264707 08/17/2015 229,54 Vendor AUTO TECH CENTERS INC Total: 254.54 0181261 08/17/2015 769.95 Vendor B&W CONTROLSYSTEMS INTEGRATION Total: 769.95 36440M B 08/17/2015 Vendor BAKER & SON CO, PETER Total: JULY 2015 OS/17/2015 JULY 2015 08/17/2015 DULY 2015 08/17/2015 JULY 2015 08/17/2015 DULY 2015 08/17/2015 DULY 2015 08/17/2015 JULY 2015 08/17/2015 JULY 2015 08/17/2015 JULY 2015 08/17/2015 Vendor BANKCARD PROCESSING CENTER Total: INV0000750 08/17/2015 INV0000750 O8/17/2015 INV0000751 08/17/2015 Vendor BIRK, JOHN Total: 2015-E05305 OS/17/2015 2015-E05305 O8/17/2015 2015-E05305A 08/17/2015 2015-EOS305A O8/17/2015 Vendor BLACKSTONE LANDSCAPE INC Total: 12313 08/17/2015 Vendor BOXX THIS INC Total: 7/20/15-7/31/15 08/17/2015 Vendor BREMER, CURTIS H Total: 15 08/17/2015 6/15/15 08/17/2015 6/30/15A 08/17/2015 7/15/15 08/17/2015 Vendor BRENNAN, DAN Total: 102785 08/17/2015 Vendor BS&A SOFTWARE Total: 3,662.28 3,662.28 13.95 468.00 59.92 134.92 125.00 370.13 1,676.96 131.58 499.00 3,479.46 98,72 38.21 1,050.00 1,186.93 2,563.75 9,183.00 1,26D.00 849.50 13,856.25 109.60 109.6D 52.00 52.00 980.00 400.00 980.00 850.00 3,210.00 3,920.00 3,920.00 Expense Approval Register Packet: APPK100160 - SUPPLIES Vendor Name Account Number Description (item) Payable Number Post Date Amount Vendor: BSN SPORTS INC BSN SPORTS INC 100-45-6110 SUPPLIES 97073901 08/17/2015 918.34 Vendor BSN SPORTS INC Total: 918.34 Vendor: BUSS FORD SALES BUSS FORD SALES 100-22-5370 VEHICLE REPAIRS 50171881 08/17/2015 31,34 BUSS FORD SALES 100-22-5370 VEHICLE REPAIRS 5017601 08/17/2015 142.59 BUSS FORD SALES 100-22-5370 VEHICLE REPAIRS 5017612 08/17/2015 42,33 BUSS FORD SALES 100-22-5370 VEHICLE REPAIRS 5017614 08/17/2015 118.84 BUSS FORD SALES 100-22-5370 VEIHCLE REPAIRS 5017627 08/17/2015 33.92 BUSS FORD SALES 100-22-5370 VEHICLE REPAIRS 5017656 08/17/2015 36.74 BUSS FORD SALES 100-22-5370 VEHICLE REPAIRS 5017689 08/17/2015 40.28 BUSS FORD SALES 100-22-5370 VEHICLE REPAIRS 5017701 08/17/2015 29.66 BUSS FORD SALES 100-22-5370 VEHICLE REPAIRS 6025792 08/17/2015 963.73 Vendor BUSS FORD SALES Total: 1,439A3 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 100-01-6110 SUPPLIES 53900 08/17/2015 41349.12 Vendor CABAY & COMPANY INC Total$ 41349.12 Vendor: CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 155700 08/17/2015 132.00 Vendor CENTEGRA OCCUPATIONAL HEALTH Totai: 132.00 Vendor: CHAPEL HILL FLORIST INC CHAPEL HILL FLORIST INC 100-02-6940 ADMINISTRATIVE EXP 005066 08/17/2015 75.00 Vendor CHAPEL HILL FLORIST INC Total: 75.00 Vendor: CLARKE ENVIRONMENTAL MOSQUITO MGMT INC CLARKE ENVIRONMENTAL 100-01-5110 CONTRACTUAL SERVICES 6353993 08/17/2015 7/950600 Vendor CLARKE ENVIRONMENTAL MOSQUITO MGMT INCTotal: 71950.00 Vendor: COMCAST CABLE COMCASTCABLE 620-00-5110 CABLE TV/INTERNET 8/11/15-9/10/15 08/17/2015 127.82 COMCASTCABLE 620-00-5110 CABLE TV/INTERNET 8/12/15-9/11/15 08/17/2015 110.94 COMCASTCABLE 620-00-5110 INTERNET 8/4-9/3/15 08/17/2015 16185 COMCAST CABLE 620-00-5110 INTERNET 8/4-9/3 08/17/2015 82.90 COMCASTCABLE 620-00-5110 CABLE TV 8/8-9/7 08/17/2015 29.46 Vendor COMCAST CABLE Total: 513.97 Vendor: COMED COMED 510-32-5510 UTILITIES 6/25/15-7/29/15 08/17/2015 206.48 COMED 510-31-5510 PUMPING FEES 6/26/15-7/24/15 08/17/2015 317.59 COMED 510-32-5510 PUMPING FEES 6/26/15-7/24/15 08/17/2015 11756.64 Vendor COMED Total: 20280.71 Vendor: COMMUNICATIONS REVOLVING FUND COMMUNICATIONS 620-00-5110 COMMUNICATION CHGS T1542437 08/17/2015 10.00 Vendor COMMUNICATIONS REVOLVING FUND Total: 10.00 Vendor: CONNOR CO CONNOR CO 100-45-6110 SUPPLIES S6504989.002 08/17/2015 245.89 Vendor CONNOR CO Total: 245.89 Vendor: CONSERV FS CONSERV FS 100-45-6110 SUPPLIES 2098021-IN 08/17/2015 212.10 Vendor CONSERV FS Total: 212.10 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY 510-32-5510 UTILITIES 6/23/15-7/22/15 08/17/2015 35.91 CONSTELLATION NEWENERGY 100-33-5520 UTILITIES 6/23/154/23/15 08/17/2015 20368,19 CONSTELLATION NEWENERGY 100-33-5520 UTILITIES 6/23-7/22/15 08/17/2015 211108.79 CONSTELLATION NEWENERGY 100-44-5510 UTILITIES 6/23-7/22/15 08/17/2015 74.09 CONSTELLATION NEWENERGY 100-45-5510 UTILITIES 6/23-7/22/15 08/17/2015 431.13 CONSTELLATION NEWENERGY 100-46-5510 UTILITIES 6/23-7/22/15 08/17/2015 23.56 CONSTELLATION NEWENERGY 510-31-5510 PUMPING FEES 6/26-7/23/15 08/17/2015 %647.53 CONSTELLATION NEWENERGY 510-32-5510 PUMPING FEES 6/26-7/23/15 08/17/2015 21,855.20 8/12/2015 11:59:32 AM Expense Approval Register Vendor Name Account Number CONSTELLATION NEWENERGY 100-33-5520 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 100-01-6110 CRESCENT ELECTRIC SUPPLY CO 100-45-6110 Vendor: CROSS MATCH TECHNOLOGIES INC CROSS MATCH TECHNOLOGIES 620-00-5110 Vendor: CUMMINS NPOWER LLC CUMMINS NPOWER LLC 510-32-5380 Vendor: CURRAN MATERIALS COMPANY CURRAN MATERIALS 100-33-6110 CURRAN MATERIALS 100-33-6110 CURRAN MATERIALS 100-33-6110 CURRAN MATERIALS 100-33-6110 Vendor: CURTIS,TINA CURTIS, TINA 100-47-5110 Vendor: D'ANGELO NATURAL SPRING D'ANGELONATURALSPRIN6 510-32-6110 Vendor: DOCUMENT IMAGING DIMENSIONS INC DOCUMENT IMAGING 620-00-6210 DOCUMENT IMAGING 620-00-6210 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS 510-32-5375 Vendor: DUCAK, JASON DUCAK, JASON 100-22-4510 Vendor: DUCAK, KELLV DUCAK, KELLY 100-22-4510 Vendor: DURA WAX COMPANY INC, THE DURA WAX COMPANY INC, THE 100-01-6110 DURA WAX COMPANY INC, THE 100-01-6110 Vendor; DURHAM SCHOOL SERVICES DURHAMSCHOOLSERVICES 100-46-5110 Vendor: EDER CASELLA & CO EDER CASELLA & CO 230-00-5110 Vendor: ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP ED'SAUTOMOTIVE/JIM'S 510-35-5370 ED'SAUTOMOTIVE/JIM'S 100-33-5370 Vendor: EJ EQUIPMENT E1 EQUIPMENT 100-33-5370 8/12/2015 11:59:32 AM Packet: A1wPKT00160 - UTILITIES Description (item) Payable Number Post Date Amount UTILITIES 6/25/15-7/27/15 08/17/2015 11144.72 Vendor CONSTELLATION NEWENERGY INCTotal: 561689.12 SUPPLIES S500344789.001 08/17/2015 18.64 SUPPLIES S500786697.001 08/17/2015 106.52 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 125.16 CMTADVANTAGEMAINT 8106 08/17/2015 8fi0.80 Vendor CROSS MATCH TECHNOLOGIES INC Total: 860.80 REPAIRS 711-38344 08/17/2015 850.00 Vendor CUMMINS NPOWER LLC Total. 850.00 MATERIALS 9610 O8/17/2015 60.00 MATERIALS 9692 08/17/2015 30.00 MATERIALS 9699 08/17/2015 30.00 MATERIALS 9738 08/17/201S 30.00 Vendor CURRAN MATERIALS COMPANY Total: 150.00 MCHENRY FLYING DRAGONS 862441-A OS/17/2015 Vendor CURTIS, TINA Total: SUPPLIES 0785106/0783352 08/17/2015 Vendor D'ANGELO NATURAL SPRING Total: SUPPLIES 272789 08/17/2015 SUPPLIES 273528 OS/17/2015 Vendor DOCUMENT IMAGING DIMENSIONS INCTotal: MOTOR REPAIRS 1974427 EMPLOYEE UNIFORM REIMB INV0000753 EMPLOYEE UNIFORM REIMB INV0000752 08/17/2015 Vendor bREISILKER ELECTRIC MOTORS INCTotal: 08/17/2015 Vendor DUCAK,IASONTotal: 08/17/2015 Vendor DUCAK, KELCYTatal: 280.00 280.00 48.50 48.50 228.00 89.00 317.00 450.00 450.00 452.25 452.25 213.54 213.54 SUPPLIES 108356 08/17/2015 50.80 SUPPLIES 378885 08/17/2015 204.50 Vendor DURA WAX COMPANY INC, THE Total: 255.30 DAY CAMP BUS TRIP #4 91210894 08/17/2015 288,81 Vendor DURHAM 5CHOOL SERVICES Total: 288.81 PROGRESS BILLAUDIT 13716 08/17/2015 20,000,00 Vendor EDER CASELLA & CO Total: 20,000.00 VEHICLE REPAIRS DULY 2015 08/17/2015 38.50 VEHICLE REPAIRS DULY 2015A OS/17/2015 155.00 Vendor ED'S AUTOMOTIVE/11M'S MUFFLER SHOP Total: 193.50 VEHICLE REPAIRS 0069929 08/17/2015 11010.58 Vendor EJ EgUIPMENTTatal: 1,010.58 Expense Approval Register Packet: APP1000160-SOFTBALL UMPIRE FEES Vendor Name Account Number Description (item) Payable Number Post Date Amount Vendor: EVANS, JAMES EVANS, DAMES 100-47-5110 SOFTBALL UMPIRE FEES 7/20/15-7/31/15 08/17/201S 75.00 Vendor EVANS, JAMES Total: 75.00 Vendor: EXAMWORKS INC EXAMWORKS INC 760-00-5110 CONTRACTUAL SERVICES 280-88367 08/17/2015 10900600 EXAMWORKS INC 760-00-5110 CONTRACTUAL SERVICES 280-88703 08/17/2015 1/800000 EXAMWORKS INC 760-00-5110 CONTRACTUAL SERVICES 280-90098 08/17/2015 1,950.00 Vendor EXAMWORKS INC Total: 5/650600 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY 100-22-6110 SUPPLIES 922358 08/17/2015 1,533.00 FOX VALLEY FIRE&SAFETY 225-00-5110 ANNUAL SOFTWARE MAINT 923137 08/17/2015 3,785.00 FOX VALLEY FIRE & SAFETY 100-22-6110 ALARM CONNECTION OFFSITE 924153 08/17/2015 240.00 FOX VALLEY FIRE & SAFETY 225-00-5110 MONTHLY MAIN FEE RADIOS 925102 08/17/2015 1/066600 Vendor FOX VALLEY FIRE & SAFETY Total: 6,624.00 Vendor: FOXCROFT MEADOWS INC FOXCROFT MEADOWS INC 100-33-6110 SUPPLIES 49494 08/17/2015 677.50 FOXCROFT MEADOWS INC 100-33-6110 SUPPLIES 49611 08/17/2015 677.50 Vendor FOXCROFT MEADOWS INC Total: 10355400 Vendor: FREUND, MICHAEL FREUND, MICHAEL 100-33-6210 EMPLOYEE CLOTHING ALLOW INV0000810 08/17/2015 135.40 Vendor FREUND, MICHAEL Total: 135.40 Vendor: FRY, ROBERTJ FRY, ROBERTJ 510-35-5370 VINYL LETTERING 2015296 08/17/2015 168.00 Vendor FRY, ROBERT J Total: 168,00 Vendor: GALLS LLC GALLS LLC 100-22-4510 EMPLOYEE UNIFORM ALLOW 003846128 08/17/2015 406.49 Vendor GALLS LLC Total: 406.49 Vendor: GARAVENTA USA INC ANTIOCH GARAVENTA USA INC ANTIOCH 100-33-5115 SERVICE OF WHEELCHAIR LIFT 48330 08/17/2015 928.40 Vendor GARAVENTA USA INCANTIOCH Total: 928.40 Vendor: GLICK, DANIEL GLICK, DANIEL 100-47-5110 SOFTBALL UMPIRE FEES 7/20/15-7/31/15 08/17/2015 92.00 Vendor GLICK, DANIEL Total: 92.00 Vendor: GOLD MEDAL PRODUCTS GOLD MEDAL PRODUCTS 100-44-6110 CONCESSION SUPPLIES 294522 08/17/2015 314.95 Vendor GOLD MEDAL PRODUCTS Total: 314,95 Vendor: GREVE, CLINT GREVE, CLINT 100-33-5430 REIMB CDL LICENSE INV0000754 08/17/2015 60,00 Vendor GREVE, CLINT Total: 60.00 Vendor: GREVE, CODY GREVE, CODY 100-47-5110 SOFTBALL UMPIRE FEES 7/20/15-7/31/15 08/17/2015 345.00 Vendor GREVE, CODY Total: 345.00 Vendor: GROWER EQUIPMENT & SUPPLY GROWER EQUIPMENT & 100-33-5370 TUNE UP KIT 58607 08/17/2015 27.98 Vendor GROWER EQUIPMENT & SUPPLYTotal: 27.98 Vendor: HACH COMPANY HACH COMPANY 510-31-6110 SUPPLIES 9506443 08/17/2015 696,06 HACH COMPANY 510-31-6110 SUPPLIES 9513423 08/17/2015 160.95 HACH COMPANY 510-31-6110 SUPPLIES 9517626 08/17/2015 53.39 Vendor HACH COMPANYTotal: 910.40 Vendor: HALOGEN SUPPLY COMPANY HALOGEN SUPPLY COMPANY 100-42-6110 SUPPLIES 00473586 08/17/2015 373.50 Vendor HALOGEN SUPPLY COMPANY Total: 373.50 8/12/2015 11:59;32 AM Expense Approval Register Vendor Name Account Number Vendor: HANSEN'SALIGNMENT, DON HANSEN'S ALIGNMENT, DON 100-22-5370 Vendor; HERITAGE•CRYSTALOLEAN LLC HERITAGE -CRYSTAL CLEAN LLC 100-33-6110 Vendor: HRGREEN HRGREEN 440-00-8600 HRGREEN 740-00-5220 HRGREEN 740-00-5220 HRGREEN 740-00-5220 HRGREEN 740-00-5220 HRGREEN 100-33-5110 HRGREEN 510-32-5110 HRGREEN 400-00-8200 HRGREEN 440-00-8900 HRGREEN 740-00-5220 HRGREEN 580-32-8500 HRGREEN 740-00-S220 HRGREEN 740-00-5220 HRGREEN 580-32-8500 HRGREEN 440-00-8600 HRGREEN 440-00-8900 Vendor: HYDRAULIC SERVICES AND REPAIRS INC HYDRAULICSERVICESAND 100-33-5370 Vendor: (LEAS (LEAS 100-22-5410 Vendor: ILHIA ILHIA 100-22-5430 Vendor: ILLIN015 FBI NA ILLINOIS FBI NA 100-22-5430 Vendor; ILLINOIS STATE POLICE ILLINOIS STATE POLICE 100-01-5110 Vendor: INTERSTATE ALL BATTERY CENTER INTERSTATE ALL BATTERY 510-31-6110 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 100-33-5370 Vendor: IPMA-HR IPMA-HR 100-01-5410 Vendor: JENSEN'S PLUMBING &HEATING JENSEN'S PLUMBING & 100-41-5110 Vendor; JOHNSON, JAMES JOHNSON,JAMES 100-01-4220 B/1Z/2015 11:59:32 AM Description (Item) VEHICLE REPAIRS SUPPLIES 2015 ROAD PROGRAM VA CLINIC PATRIOT ESTATES 2015 WHITE OAKS REVIEW CV5 PLAN REVIEW GENERALCONSULT GENERALCONSULT REC CENTER CONSTRUCT TRAFFIC SIGNALAT SUPERIOR FELT & FILTRATION FIELDSTONE LIFTSTATION RETAINED PERSONNEL - RETAINED PERSONNEL -WHITE FIELDSTONE LIFT STATION 2015 ROAD PROGRAM TRAFFIC SIGNAL Payable Number 7/24/158 13584767 99339 99434 99435 99436 99437 99438 99438A 99439 99440 99441 99442 99779 99781 99783 99784 99785 Packet: APPKT00160 - VEHICLE REPAIRS Post Date Amount OS/17/2015 Vendor HANSEN'S ALIGNMENT, DON Total: 08/17/2015 Vendor HERITAGE -CRYSTAL CLEAN LLC Total: O8/17/2015 o8/v/2015 08/17/2015 O8/17/2015 O8/17/2015 08/17/2015 OS/17/2015 O8/17/2015 08/17/2015 OS/17/2015 08/17/2015 08/1'/2015 OS/1'/2015 O8/17/2015 08/1'/2015 OS/17/2015 Vendor HRGREEN Total: VEHICLE REPAIRS 301639 08/17/2015 Vendor HVDRAULICSERVICES AND REPAIRS INCTotal: 2015 ANNUAL MEMBERSHIP DUES4885 08/17/2015 Vendor (LEAS Total: 75.00 75.00 166.66 166.66 z77.00 161.00 2,087.75 1,969.so 161,00 258.00 154.00 13,279.25 1,935.25 4,685.00 1,160.25 161.00 3,376.25 3,906.so 8,797.50 4,738.so 75 47,107. 33.00 33.00 240.00 240.00 TRAINING EXPENSE INV0000755 OS/17/2015 585.00 Vendor ILHIA Total: 585.00 MONTHLY LUNCHEON INV0000756 OS/17/2015 75.00 Vendor ILLINOIS FBI NA Total: 75.00 BACKGROUND CHECKS-LIQ 6/30/1S OS/17/2015 300.00 Vendor ILLINOIS STATE POLICE Total: 300.00 SUPPLIES 1903701018429 08/17/2015 128.40 Vendor INTERSTATE ALL BATTERY CENTERTotal: 128.40 VEHICLE REPAIRS 98666088 08/17/2015 143.98 Vendor INTERSTATE BILLING SERVICE INC Total: 143.98 MEMBERSHIP DUES 6/17/15 08/17/2015 390.00 VendorlPMA-HRTotal; 390.00 CONTRACTUALSERVICES- 92345 08/17/2015 877.82 Vendor JENSEN'S PLUMBING &HEATING Total: 877.82 REIMBSUPPLIES PETERSEN INV0000811 08/17/2015 21.48 Vendor10HN50N, JAMES Total: 21.48 Expense Approval Register Packet: APPKT00160 - TEMP USE REFU1vD-15.07-072 Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: JORDAN, DENISE JORDAN, DENISE 100-00-3410 TEMP USE REFUND45-07-072 INV0000757 08/17/2015 30.00 Vendor JORDAN, DENISE Total: 30.00 Vendor: KARKI, STEVE KARKI, STEVE 100-47-5110 PARKS PROGRAM INSTRUCTOR 7/615-7/27/15 08/17/2015 56.00 Vendor KARKI, STEVE Total: 56.00 Vendor: KIMBALL MIDWEST KIMBALLMIDWEST 100-33-5370 VEHICLE REPAIRS 4363848 08/17/2015 256.06 Vendor KIMBALL MIDWEST Total: 256.06 Vendor: KUS, TOM KUS, TOM 10047-5110 SOFTBALL UMPIRE FEES 7/20/15-7/31/15 08/17/2015 51.00 Vendor KUS, TOM Total: 51.00 Vendor: LEXISNEXIS LEXISNEXIS 100-22-5110 CONTRACUAL SERVICES 20150731 08/17/2015 137.50 Vendor LEXISNEXIS Total: 137.50 Vendor: LONGBOTTOM, ROBERT LONGBOTTOM, ROBERT 100-47-4114 PARKS PROGRAM INSTRUCTOR 7/6/15-7/28/15 08/17/2015 98.00 Vendor LONGBOTTOM, ROBERT Total: 98.00 Vendor: LUNKENHEIMER, JOHN LUNKENHEIMER, JOHN 100-47-5110 PARKS & REC INSTRUCTOR 7/27-7/31/15 08/17/2015 88A3 Vendor LUNKENHEIMER, JOHN Total: 88.13 Vendor: MARKS TREE SERVICE & SNOW PLOWING CORP MARKS TREE SERVICE & SNOW 100-03-5110 TREE REMOVAL INV0000812 08/17/2015 2,500.00 Vendor MARKS TREE SERVICE & SNOW PLOWING CORP Total: 2,500.00 Vendor: MCCAFFERTY, BRITTANY MCCAFFERTY, BRITTANY 10046-5110 PARKS PROGRAM INSTRUCTOR INV0000758 08/17/2015 1,329.00 Vendor MCCAFFERTY, BRITTANY Total: 1,329000 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 100-33-6110 SUPPLIES 11038101 O8/17/2015 431.58 MCCANN INDUSTRIES INC 510-35-5370 VEHICLE REPAIRS 110389099 OS/17/2015 132.72 MCCANN INDUSTRIES INC 100-33-6110 SUPPLIES 03186102 08/17/2015 307.80 Vendor MCCANN INDUSTRIES INCTotal: 872.10 Vendor: MCHENRY ANALYTICAL WATER LABORATORY INC MCHENRY ANALYTICAL WATER 510-31-5110 NITROGENTESTING 388015 08/17/2015 60.00 MCHENRY ANALYTICAL WATER 510-32-6110 NITROGEN TESTING 388154 08/17/2015 60.00 MCHENRY ANALYTICAL WATER 510-32-6110 NITROGEN TESTING 388155 08/17/2015 60.00 MCHENRY ANALYTICAL WATER 510-31-5110 FWORIDETESTING 388217 08/17/2015 60.00 MCHENRY ANALYTICAL WATER 510-31-5110 7/1/15-6/30/15 MANAGEMT 388245 08/17/2015 290.00 Vendor MCHENRY ANALYTICAL WATER LABORATORY INC Total: 530.00 Vendor: MCHENRY COMMUNITY SCHOOL DIST #15 MCHENRYCOMMUNITY 100-46-5110 SUMMER 2015 RENTAL INV0000759 08/17/2015 148.31 MCHENRY COMMUNITY 100-47-5110 SUMMER 2015 RENTAL INV0000759 08/17/2015 157.50 Vendor MCHENRY COMMUNITY SCHOOL DIST 415 Total: 305.81 Vendor: MCHENRY COUNTY COLLECTOR MCHENRY COUNTY COLLECTOR 280-41-6940 PROPERTY TAXES2ND 2NDINSTALL 08/17/2015 51499.88 MCHENRY COUNTY COLLECTOR 590-00-6940 PROPERTY TAXES2ND 2NDINSTALLMT 08/17/2015 121804.33 Vendor MCHENRY COUNTY COLLECTOR Total: 18,304.21 Vendor: MCHENRY COUNTY DIV OF TRANSPORTATION MCHENRY COUNTY DIV OF 100-01-5110 JULY 2015 MCRIDE SHARE 2-5 08/17/2015 31027.S0 Vendor MCHENRY COUNTY DIV OF TRANSPORTATION Total: 3,027.S0 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER 100-01-6940 RECORDING FEES 7/2/15-7/20/15 08/17/2015 73.00 MCHENRY COUNTY RECORDER 510-31-6940 RECORDING FEES 7/2/15-7/20/15A 08/17/2015 160.00 MCHENRY COUNTY RECORDER 510-32-6940 RECORDING FEES 7/2/15-7/20/15A 08/17/2015 160.00 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: 393.00 8/12/2015 11:59:32 AM Expense Approval Register Vendor Name Account Number Vendor: MCHENRY POWER EQUIPMENT INC MCHENRY POWER EQUIPMENT 100-33-5370 Vendor: MCMASTER-CARR SUPPLY CO MCMASTER-CARR SUPPLY CO 510-32-6110 Vendor: ME SIMPSON CO INC ME SIMPSON CO INC 510-35-5110 Vendor; METROPOLITAN INDUSTRIES METROPOLITAN INDUSTRIES 510-32-5380 METROPOLITAN INDUSTRIES 510-32-6110 Vendor: MEYER MATERIAL COMPANY MEYER MATERIAL COMPANY 510-35-6110 MEYER MATERIAL COMPANY 510-35-6110 Vendor: MIDAMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 100-33-6110 MID AMERICAN WATER OF 510-35-6110 MID AMERICAN WATER OF 510-35-6110 Vendor: MIDCO MIDCO 620-00-5320 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS 100-45-6110 Vendor: MIDWEST METER INC MIDWEST METER INC 510-31-6110 MIDWEST METER INC 510-31-6110 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 100-03-5330 MINUTEMAN PRESS OF MCH 100-00-6210 MINUTEMAN PRESS OF MCH 100-33-6210 MINUTEMAN PRESS OF MCH 100-22-6110 Vendor: MNl TECHNOLOGIES DIRECT INC MNITECHNOLOGIESDIRECT 620-00-6270 MNJ TECHNOLOGIES DIRECT 620-00-6270 MNJ TECHNOLOGIES DIRECT 620-00-6270 MNJ TECHNOLOGIES DIRECT 620-00-6270 MNJ TECHNOLOGIES DIRECT 620-00-6270 Vendor: MOORE, KEVIN MOORE, KEVIN 100-47-5110 Vendor: MULCH CENTER, THE MULCH CENTER, THE 100-45-6110 Vendor: NAPA AUTO PARTS MPEC NAPA AUTO PARTS MPEC 100-22-5370 NAPA AUTO PARTS MPEC 100-33-5370 NAPA AUTO PARTS MPEC 510-31-5370 8/12/2015 11;59:32 AM Packet: APPKT00160 - VEHICLE REPAIRS Description (Item) Payable Number Post Date Amount VEHICLE REPAIRS 146713 08/17/2015 11.37 Vendor MCHENRY POWER EQUIPMENT INCTotal: 11.37 SUPPLIES 18463 CONTRACTUALSERVICES-LEAK 27256 08/17/2015 Vendor MCMASTER-CARR SUPPLY CO Total: 0S/17/2015 Vendor ME SIMPSON CO INCTotal: 57.78 57.78 610.00 610.00 SEAL KITS RIVER ROAD LIFT 0000298334 O8/17/2015 1,460.75 SUPPLIES 0000300569 08/17/2015 177.42 Vendor METROPOLITAN INDUSTRIES Total: 1,638.17 MATERIALS 705712667 08/17/2015 275.30 MATERIALS 705712668 08/17/2015 246.10 Vendor MEYER MATERIAL COMPANYTotal: 521.40 SUPPLIES 164321W 08/17/2015 1,403.36 SUPPLIES 165573W O8/17/2015 2,621.00 SUPPLIES 165832W O8/17/2015 84.00 Vendor MID AMERICAN WATER OF WAUCONDA INCTotal: 4,108.36 CHANGE PHONE LINES 296509 08/17/2015 170.00 Vendor MIDCO Total: 170.00 SUPPLIES M14693 08/17/2015 24.87 Vendor MIDWEST HOSE AND FITTINGS INCTotal: 24.87 SUPPLIES 0066910-IN O8/17/2015 547.25 SUPPLIES 0068790-IN 08/17/2015 21376.50 Vendor MIDWEST METER INCTotal: 21923.75 SUPPLIES 84332 08/17/2015 36.50 SUPPLIES 84354 08/17/2015 71.91 SUPPLIES 84354 08/17/2015 71.92 NOTARY STAMP 84358 08/17/2015 28.00 Vendor MINUTEMAN PRESS OF MCH Total: 208.33 SUPPLIES 0003406568 08/17/2015 21110.64 SUPPLIES 0003406569 08/17/2015 357.83 SUPPLIES 0003406570 08/17/2015 31,19 SUPPLIES 0003406571 08/17/2015 17.57 SUPPLIES 0003407425 08/17/2015 85,29 Vendor MNJ TECHNOLOGIES DIRECT INCTotal: 21602.52 SOFTBALL UMPIRE FEES 7/20/15-7/31/15 08/17/2015 102,00 Vendor MOORE, KEVIN Total: 102.00 SUPPLIES 5510 O8/17/2015 21835.00 Vendor MULCH CENTER, THE Total: 2,835.00 SUPPLIES JULY 2015 08/17/2015 31055.12 SUPPLIES JULY 2015 08/17/2015 988.40 SUPPLIES JULY 2015A 08/17/2015 147,42 Expense Approval Register Vendor Name NAPA AUTO PARTS MPEC Vendor;NETOLS,PEGGY NETOLS, PEGGY Account Number 510-35-5370 100-41-3636 Vendor; NEUMANN 1R, EDWARD J NEUMANN JR, EDWARD J 740-00-6960 Vendor: OLDCASTLE ARCHITECTURAL OLDCASTLE ARCHITECTURAL 100-33-6110 Vendor: OTTER SALES & SERVICE INC OTTER SALES & SERVICE INC 100-33-5370 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 Vendor: PETTIBONE & CO, P F PETTIBONE & CQ P F Vendor; PITEL SEPTIC INC PITEL SEPTIC INC PITEL SEPTIC INC 100-03-6250 510-32-6250 510-35-6250 510-31-6250 510-35-6250 100-33-6250 100-22-6250 100-45-6250 100-03-6250 510-31-6250 510-32-6250 510-35-6250 510-31-6250 510-32-6250 510-35-6250 100-45-6250 100-45-6250 510-31-6250 100-03-6250 510-32-6250 510-35-6250 100-45-6250 100-33-6250 100-33-6250 100-22-6210 100-47-6920 100-45-5110 Vendor: PROSHRED SECURITY PROSHREDSECURITY 100-01-5110 Vendor: QUALITY TIRE SERVICE QUALITY TIRE SERVICE 510-35-5370 QUALITY TIRE SERVICE 100-33-5370 8/12/2015 11:59:32 AM Description (Item) SUPPLIES PARKS & REC REFUND SEPT 2015 PARKING LOT SUPPLIES VEHICLE REPAIRS SOFTBALL UMPIRE FEES 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 VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL VEHICLE FUEL SUPPLIES Payable Number DULY 2015A 126381 INV0000761 670028879 P155500 7/20/15-7/31/15 9657494 9657495 9657495 9657496 9657496 9657498 9657499 9660682 9660695 9660696 9660696 9660696 9660697 9660697 9660697 9660698 9662917 9662920 9662929 9662929 9662929 9662931 9662932 9660699 33604 PORTABLE TOILET/SINK 11792 PORTABLE TOILET RENTAL 7/1- 11815 SHREDDING SERVICES 990009540 VEHICLE REPAIRS 38609 VEHICLE REPAIRS 38677 Packet: APPKT00160 - SUPPLIES Post Date 08/17/2015 Vendor NAPA AUTO PARTS MPEC Total: O8/17/2015 Vendor NETOLS, PEGGYTotal: 08/17/2015 Vendor NEUMANN JR, EDWARD J Total: 08/17/2015 Vendor OLDCASTLE ARCHITECTURAL Total: OS/17/2015 Vendor OTTER SALES & SERVICE INC Total; OS/17/2015 Vendor PETERSON, DWAYNE Total: 08/17/2015 08/17/2015 OS/17/2015 08/17/2015 08/17/2015 08/17/2015 O8/17/2015 O8/17/2015 08/17/2015 OS/17/2015 08/17/2015 08/17/2015 08/17/2015 O8/17/2015 08/17/2015 08/17/2015 08/17/2015 OS/17/2015 O8/17/2015 O8/17/2015 O8/17/2015 08/17/2015 08/17/2015 OS/17/2015 Vendor PETROLIANCE LLC Total: 08/17/2015 Vendor PETTIBONE & CO, P F Total: OS/17/2015 08/17/2015 Vendor reEL SEPTIC INC Total; 08/17/2015 Vendor PROSHRED SECURITYTotal: 08/17/2015 OS/17/2015 Amount 108.48 4,299.42 80.00 80.00 500.00 S00.00 1,07&20 1,078.20 794.84 794A4 368.00 4716-9f Il, 116,27 483Z6 268.81 129.25 50.25 704.97 2, 295.72 32.77 90.58 169,02 230.57 131.19 116.70 169.02 74.69 306.31 71.56 156.07 121.20 221,67 21.02 545.02 366.09 847.90 7,719.91 941.65 941.65 275.00 750.00 1,025.00 16D,00 160.00 210.00 87.20 Expense Approval Register Vendor Name QUALITY TIRE SERVICE Account Number 100-33-5370 Description (Item) Payable Number VEHICLE REPAIRS 38693 Packet:APPKT00160-VEHICLE REPAIRS Post Date Amount 08/17/2015 Vendor QUALITY TIRE SERVICE Total: 60.00 357.20 Vendor: REGNER, WILLIAM J REGNER, WILLIAM 1 100-03-5430 REIMB BOCA MEETING INV0000813 08/17/2015 15.00 Vendor REGNER, WILLIAM J Total: 15.00 Vendor: REICHE'S PLUMBING SEWER RODDING CORP REICHE'S PLUMBING SEWER 510-31-5110 CONTRACTUAL SERVICES INV0000762 08/17/2015 95.00 RUCHE'S PLUMBING SEWER 510-31-5110 CONTRACTUAL SERVICES INV0000763 08/17/2015 150.00 Vendor REICHE'S PLUMBING SEWER RODDING CORP Total: 245.00 Vendor: REINDERS INC REINDERS INC 100-45-5370 VEHICLE REPAIRS 1590478-00 08/17/2015 41.73 REINDERS INC 100-45-5370 VEHICLE REPAIRS 1590478-01 08/17/2015 14.42 REINDERS INC 100-45-5370 VEHICLE REPAIRS 1590478-02 08/17/2015 13.76 REINDERS INC 100-45-5370 VEHICLE REPAIRS 1590905-00 08/17/2015 66.82 Vendor REINDERS INC Total: 136.73 Vendor: RESERVE ACCOUNT RESERVE ACCOUNT 100-01-5310 POSTAGE FOR MAILING INV0000764 08/17/2015 26.73 RESERVE ACCOUNT 100-02-5310 POSTAGE FOR MAILING INV0000764 08/17/2015 15.08 RESERVE ACCOUNT 100-03-5310 POSTAGE FOR MAILING INV0000764 08/17/2015 43.04 RESERVE ACCOUNT 100-04-5310 POSTAGE FOR MAILING INV0000764 08/17/2015 250.88 RESERVE ACCOUNT 100-22-5310 POSTAGE FOR MAILING INV0000764 08/17/2015 206.85 RESERVE ACCOUNT 100-30-5310 POSTAGE FOR MAILING INV0000764 08/17/2015 2.54 RESERVE ACCOUNT 100-41-5310 POSTAGE FOR MAILING INV0000764 08/17/2015 88.68 RESERVE ACCOUNT 510-31-5310 POSTAGE FOR MAILING INV0000765 08/17/2015 47,05 RESERVE ACCOUNT 510-32-5310 POSTAGE FOR MAILING INVO000765 08/17/2015 7.22 Vendor RESERVE ACCOUNT Total: 688.07 Vendor: REX AUTO BODY REX AUTO BODY 610-00-5980 VEHICLE REPAIRS 10872 08/17/2015 11577.98 Vendor REX AUTO BODY Total: 11577,98 Vendor: RIVERSIDE BAKE SHOP RIVERSIDE BAKE SHOP 100-01-6940 RETIREMENT RECOGNITION 1 08/17/2015 81.81 Vendor RIVERSIDE BAKE SHOP Total: 81.81 Vendor: ROBERTS, PATRICIA 1 ROBERTS, PATRICIAJ 100-42-5430 PARKS PROGRAM INSTRUCTOR 5/21/15-7/26/15 08/17/2015 400.00 Vendor ROBERTS, PATRICIA 1 Total: 400.00 Vendor: ROC CONSTRUCTION SUPPLY ROC CONSTRUCTION SUPPLY 100-33-5370 VEHICLE REPAIRS 24294 08/17/2015 9536 ROC CONSTRUCTION SUPPLY 100-33-6110 SUPPLIES 24308 08/17/2015 239A0 Vendor ROC CONSTRUCTION SUPPLY Total: 335.16 Vendor: RUSSO POWER EQUIPMENT RUSSO POWER EQUIPMENT 100-33-6270 PLATE COMPACTOR 2571019 08/17/2015 1,765.00 RUSSO POWER EQUIPMENT 100-33-6270 WATERTANK 2580295 08/17/2015 175.00 Vendor RUSSO POWER EQUIPMENT Total: 11940.00 Vendor: SAM'S CLUB SAM'S CLUB 10044-6110 SUPPLIES 7/7/15-8/4/15 08/17/2015 11097,72 SAM'S CLUB 100-46-6110 SUPPLIES 7/7/15-8/4/15 08/17/2015 5.98 SAM'S CLUB 100-47-6110 SUPPLIES 7/7/15-8/4/15 08/17/2015 78.56 Vendor SAM'S CLUB Total: 1,182.26 Vendor: SCHWALENBERG, RYAN SCHWALENBERG, RYAN 100-03-5430 REIMB BOCA MEETING INV0000814 08/17/2015 15.00 Vendor SCHWALENBERG, RYAN Total: 15.00 Vendor: SCIAME, RYAN SCIAME, RYAN 100-22-5420 TRAVEL EXPENSE REIMB INV0000767 08/17/2015 67.00 Vendor SCIAME, RYAN Total: 67.00 8/12/2015 11:59:32 AM Expense Approval Register Vendor Name Account Number Vendor: SEXTON, ERIC M SEXTON, ERIC M 100-22-5440 Vendor: SHAW MEDIA SHAW MEDIA 100-01-S330 SHAW MEDIA 740.00-5220 Vendor: SHERMAN MECHANICAL INC SHERMAN MECHANICAL INC 100-01-5110 Vendor: SHERWIN-WILLIAMS CO, THE SHERWIN-WILLIAMS CO, THE 100-45-6110 SHERWIN-WILLIAMS CO, THE 100-45-6110 SHERWIN-WILLIAMS CO, THE 100-45-6110 Vendor:SLYWKA,JEFFREY SLYWKA,JEFFREY 510-32-3610 Vendor: STANS OFFICE TECHNOLOGIES STANS OFFICE TECHNOLOGIES 620-00-5110 STANS OFFICE TECHNOLOGIES 620-00-5110 STANS OFFICE TECHNOLOGIES 100-33-5115 STANS OFFICE TECHNOLOGIES 620-00-5110 Vendor: SWANSON, TONY SWANSON, TONY 100-47-5110 Vendor: SWIFT CO INC, JOHN S SWIFT COINC,IOHNS 100-46-5330 SWIFT CO INC, JOHNS 100-47-5330 Vendor: TRAFFIC CONTROL &PROTECTION INC TRAFFIC CONTROL & 100-33-6110 TRAFFIC CONTROL & 100-33-6110 Vendor: TRANS US INC TRANS US INC lOD-01-5110 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 510-31-5110 US BANK EQUIPMENT FINANCE 510-32-5110 US BANK EQUIPMENT FINANCE 100-22-5110 US BANK EQUIPMENT FINANCE 100-33-5110 US BANK EQUIPMENT FINANCE 100-01-5110 US BANK EQUIPMENT FINANCE 100-03-5110 Vendor: USA BLUEBOOK USA BLUEBOOK 510-32-5375 USA BLUEBOOK 510-32-6110 USA BLUEBOOK 510-31-6110 Vendor: VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS 8/12/2015 11;59:32 AM Description (Item) TUITION REIMB LEGAL PUBLICATIONS LEGAL PUBLICATIONS CONTRACTUALSERVICES SUPPLIES SUPPLIES SUPPLIES Payable Number INV0000768 Packet:APPKT00160-TUITION REIMB Post Date OS/17/2D15 Vendor SEXTON, ERIC M Total: 7/2015 08/17/2015 7/2015 08/17/2015 Vendor SHAW MEDIA Total: W10827 08/17/2015 Vendor SHERMAN MECHANICAL INC Total: 4278-4 OS/17/2015 4295-8 08/17/2015 6675-5 08/17/2015 Vendor SHERW IN-W ILLIAMS CO, THE Total: REFUNDO/PWATER/SEWER INV0000769 08/17/2015 Vendor SLYWKA, JEFFREYTotai: Amount 830.48 830.4S 162.60 143,70 306.30 22%07 229.07 189.40 189.40 568.20 947.00 INTERNETSERVICES 314038 O8/17/2015 35.00 IT/NETWORK MANAGED 314039 08/17/2015 1,672.00 IT/ NETWORK TECH SERVICE 314097 08/17/2015 711.00 PRINTER USAGE PD/ADMIN 314233 08/17/2015 213.69 Vendor STANS OFFICE TECHNOLOGIES Total: 2,631.69 PARKS & REC INSTRUCTOR- 7/27/15-7/31/15 08/17/2015 88.13 Vendor S WANSON, TONY Total: 88.13 FALL2015NEWSLETTER 27351-15 08/17/2015 862.50 FALL2015NEWSLETTER 27351-15 08/17/2015 862.50 Vendor SWIFT CO INC, JOHN S Total: 11725.00 SUPPLIES 83850 08/17/2015 86A0 SUPPLIES 84035 08/17/2015 242.45 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 328.55 CONTRACTUALSERVICES 35218403 08/17/2015 11180.00 Vendor TRANE US INC Total: 1,180.00 CONTRACT #500-0361455 INV0000805 08/17/2015 97.33 CONTRACT #500-0361455 I NV0000805 O8/17/2015 97.33 CONTRACT 500-0401564 #15 INV0000808 08/17/2015 225.00 CONTRACT 500-0361445 - #28 INV0000809 08/17/2015 97.34 CONTRACT 500-0389299 #19 INV0000806 08/17/2015 311.00 CONTRACT 500-0302031 #47 INV0000807 08/17/2015 135.D0 Vendor US BANK EQUIPMENT FINANCE Total: 963.00 EQUIP REPAIRS 703785 08/17/2015 699.16 SUPPLIES 704992 08/17/2015 113.45 SUPPLIES 713329 08/17/2015 55.86 Vendor USA BLUEBOOK Total: 868.47 510-31-5320 CELL PHONE USAGE 7/4/15A-8/3/15A 08/17/2015 68.32 510-32-5320 CELL PHONE USAGE 7/4/15A-8/3/15A D8/17/2015 31.56 100-01-5320 CELL PHONE USAGE 7/4-8/3/15 08/17/2015 74,30 100-03-5320 CELL PHONE USAGE 7/4-8/3/15 08/17/2015 117.60 Expense Approval Register Packet: APPKT00160 - CELL PHONE USAGE Vendor Name Account Number Description (Item) Payable Number Post Date Amount VERIZON WIRELESS 100-22-5320 CELL PHONE USAGE 7/4-8/3/15 08/17/2015 1,122.41 VERIZON WIRELESS 100-30-5320 CELL PHONE USAGE 7/4-8/3/15 08/17/2015 34.06 VERIZON WIRELESS 100-33-5320 CELL PHONE USAGE 7/4-8/3/15 08/17/2015 139.82 VERIZON WIRELESS 10041-5320 CELL PHONE USAGE 7/4-8/3/15 08/17/2015 7.18 VERIZON WIRELESS 100-45-5320 CELL PHONE USAGE 7/4-8/3/15 08/17/2015 34.06 VERIZON WIRELESS 100-46-5320 CELL PHONE USAGE 7/4-8/3/15 08/17/2015 1.52 VERIZON WIRELESS 100-47-5320 CELL PHONE USAGE 7/4-8/3/15 08/17/2015 7.30 VERIZON WIRELESS 620-00-5320 CELL PHONE USAGE 7/4-8/3/15 08/17/2015 46.00 VERIZON WIRELESS 620-00-5110 WIRELESS BROADBAND 7/4-8/3/15A 08/17/2015 38.01 VERIZON WIRELESS 100-33-5320 CELL PHONE USAGE 7/4-8/3 08/17/2015 25.82 VERIZON WIRELESS 510-31-5320 CELL PHONE USAGE 7/4-8/3A 08/17/2015 126.42 VERIZON WIRELESS 510-32-5320 CELL PHONE USAGE 7/4-8/3A O8/17/2015 25.82 Vendor VERIZON WIRELESS Total: 1,900.20 Vendor: WASTE MANAGEMENT OF WI PHEASANT RUN RDF WASTE MANAGEMENT OF WI 510-32-5580 SLUDGE REMOVAL 0029208-2742-1 08/17/2015 9,506.65 Vendor WASTE MANAGEMENT OF WI PHEASANT RUN RDF Total: 9,506.65 Vendor: WASTE MANAGEMENT WASTE MANAGEMENT 100-01-6110 REFUSE STICKERS 3218746-2013-1 08/17/2015 3,710.00 Vendor WASTE MANAGEMENT Total: 3,710.00 Vendor: WATER SOLUTIONS UNLIMITED WATERSOLUTIONS UNLIMITED 510-31-6110 SUPPLIES 37274 08/17/2015 %300.00 Vendor WATER SOLUTIONS UNLIMITED Total: 5,300.00 Vendor: WILSON LANDSCAPE SUPPLY INC WILSON LANDSCAPE SUPPLY 100-45-6110 SUPPLIES 0211337-IN 08/17/2015 138.00 Vendor WILSON LANDSCAPE SUPPLY INCTotal: 138.00 Vendor: WILSON NURSERIES INC WILSON NURSERIES INC 100-45-6110 SUPPLIES 0276716-IN 08/17/2015 28300 Vendor WILSON NURSERIES INC Total: 283.00 Vendor: XYLEM WATER SOLUTIONS USA INC XYLEM WATER SOLUTIONS USA 510-32-5375 REPAIR KIT 3556852214 08/17/2015 525.92 XYLEM WATER SOLUTIONS USA 510-32-5380 REBUILD KIT 3556852215 08/27/2015 1/393684 XYLEM WATER SOLUTIONS USA 510-32-5380 ROTOR UNIT -REBUILD KIT 3556852658 08/17/2015 965.60 Vendor XYLEM WATER SOLUTIONS USA INC Total: 2,885.36 Vendor: ZARNOTH BRUSH WORKS INC ZARNOTH BRUSH WORKS INC 100-33-5370 REPAIRS 0156053-I1\1 08/17/2015 536.50 Vendor ZARNOTH BRUSH WORKS INC Total: 536.50 Grand Total: 311,193.60 8/12/2015 11:59:32 AM Expense Approval Register Fund Summary Fund Expense Amount 100- GENERAL FUND 131,122332 225-ALARM BOARD FUND 41851,00 230 - AUDIT EXPENSE FUND 20,000.00 280- DEVELOPER DONATION FUND 51499,88 400- RECREATION CENTER FUND 13,279,25 440- CAPITAL IMPROVEMENTS FUND 15,74825 510- WATER/SEWER FUND 75,305,70 580- UTILITY IMPROVEMENTS FUND 5/066175 590- MARINA OPERATIONS FUND 12,80433 610 - RISK MANAGEMENT FUND 1,577,98 620- INFORMATION TECHNOLOGY FUND 7,04294 740- RETAINED PERSONNEL ESCROW 13,245,20 760- POLICE PENSION FUND 5,650,00 Grand Total: 311119160 Report Summary KC OF TNC FOX W n Agenda Supplement TO: Mayor and City Council FOR: August 17, 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: Consideration of a Conditional Use Permit to allow an assembly use at 4513 Front Royal Drive ATT: 1. Location Maps 2. Photographs of Subject Property 3. Unapproved Planning and Zoning Commission Minutes dated July 22, 2015 4. Ordinance granting a conditional use permit to allow an assembly use at 4513 Front Royal Drive 5. Application Packet BACKGROUND: Iglesia Casa De Vida currently holds worship services in the City of McHenry and is seeking to purchase the Whispering Oaks Community Center and utilize the building for a religious assembly use. The Whispering Oaks Community Center has been used as an assembly use for many years and was constructed several decades ago. An assembly use is defined as follows: A building, structure, place or parts thereof for groups of people to gather for an event or regularly scheduled program that is educational, cultural, spiritual, social, or recreational in nature. The only exceptions to this definition include: building, tenant space, room or space used for public assembly purposes as defined herein with an occupant load of 25 persons or less and spaces less than 750 square feet in floor area. ANALYSIS: In accordance with the building code, as long as the occupant load does not exceed 100 people in the building at any one time, the building on the subject property is not required to comply with the building code as an assembly use. If the occupant load exceeds 100 the building code would require certain improvements for any type of assembly use or space utilized for social, educational, religious, recreational or similar types of gatherings. The zoning 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 ordinance utilizes a threshold of 25 or more people for assembly uses. Regardless staff will require a walkAhru, if this proposal is approved, by the City and McHenry Township Fire Protection District to ensure minimum life safety codes are met. As stated in the application the existing use of the building as a community center is also an assembly use. The proposed assembly use will be limited by the size of the existing building as it's today. Parking for the building is provided directly to north. There are existing property maintenance, building code and cosmetic issues associated with the property, which the applicant has already agreed, as stipulated in the application, to address if this use is approved. Among those are repairing, patching and striping the parking area, and staff would add providing parking lot lighting in accordance with the zoning ordinance be provided. Attached are pictures of the subject property which depict the pavement deterioration. There's an existing dumpster within the parking area which staff recommends be enclosed and screened. Staff believes this is an appropriate location for the proposed assembly use which will not adversely impact neighboring properties or public safety and health. It is staff's belief the use will not require any additional public services and is compatible with the surrounding area. Churches are typically zoned residential and many located within the midst of or adjacent to residential neighborhoods in the City including: St. Mary's on Richmond Road, St. Patrick's on Washington Street, St. Paul's on St. Paul Avenue, The Church of Holy Apostles on Bull Valley Road, Shepherd of the Hills Church on Green Street and First United Methodist Church on Main Street. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval (7-0) of a conditional use permit to allow an assembly use and any variances required to effectuate the aforementioned request on the subject property located at 4513 Front Royal Dr., McHenry, IL as presented by applicant Iglesia Casa De Vida, subject to the following conditions: • The building on the subject property shall only be utilized, following awalk-thru inspection by the City and McHenry Township Fire Protection District, and there can be no more than 100 people inside the building at any one time unless the building is improved to meet building code requirements for an assembly use; • Property maintenance issues including: parking lot patching and restriping (in accordance with City ordinance and Illinois Accessibility Code), roof repair, repairing railings to outside stairs in addition to repair/replacement of all broken windows and addressing exposed electrical and all other life safety and property maintenance issues to accommodate use of the building be completed prior to the issuance of a certificate 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us of occupancy being issued for an assembly use on the subject property. All the aforementioned shall be completed in compliance with all applicable City rules, ordinances and regulations; • Parking lot lighting shall be installed, to ensure the minimum parking lot lighting requirements, outlined in the City's zoning ordinance and other applicable ordinances are met prior to issuance of a certificate of occupancy; • Existing or any future dumpster be completely enclosed and screened; existing dumpster shall be completely enclosed or screened prior to issuance of a certificate of occupancy. This shall be completed in compliance with all applicable City rules, ordinances and regulations; • Parking of vehicles, other than those related to the use of the building on the subject property, is prohibited. Vehicles cannot be parked or stored overnight on the subject property. If the City Council concurs with the Planning and Zoning Commission it is recommended that a motion be made to adopt the attached ordinance authorizing a conditional use permit to allow an assembly use for the property located at 4513 Front Royal Drive with aforementioned conditions as recommended by the Planning and Zoning Commission. 3 r w r� LL LLL LL tit 01 Mot ?OF rh '1L o We P F r 4 RE �, � 4 y � . 4 w It -- .rf s' - + s� �r .'itit _ t" F . ''`i " a \ �.= a 7, P � - tt Carden eunmEr o}� : N Ighborhoo dU^ (rJ rt It fi t n j )< ON i• i.-� to a .,r hic Henry Analytic f PomPule r y.. R 0 h by hna Department of Community & 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 Subject Property View looking east at Whispering Oaks Community Center View looking east at parking lot N�� OF THE FOX RIV Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Tf is ..4� View of parking lot Department of Community & 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 July 22, 2015 City of McHenry Chairman Strach called the July 22, 2015 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:35 p.m. In attendance were the following: Doherty, Bromley, Meyer, Vallez, Sobotta, Strach, and Thacker. Absent: None. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Planning and Zoning Secretary Wolf. Public Hearing: Iglesia Casa De Vida File No. Z-868 4513 Front Royal Dr. Conditional Use Permit to allow an assembly use and any other variances required to effectuate the aforementioned request Chairman Strach called the Public Hearing to order at 7:40 p.m. regarding File No Z- 868, an application for a conditional use permit to allow Cl" assembly use and any variances required to effectuate the aforementioned request on the subject property as submitted by Pastor Nepthali, Iglesia Casa De Vida, for the property located at 4513 Front Royal Dr., McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on July 6, 2015. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Pastor Nepthali Mullings, 3430 Elm Street, McHenry, IL 60050 who was sworn in by Chairman Strach, and Joe Gottemoller, Attorney, One North Virginia St., Crystal Lake, IL 60014. Attorney Gottemoller provided a summary of the request before the Commission at this Hearing stating Pastor Nepthali has entered into a contract to purchase the property in order to hold services there. He further stated a question has been brought forth regarding the public 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 notice requirements being met for this hearing. Attorney Gottemoller stated that while there was an error made on the address number in the Public Notice published in the Northwest Herald, in which the address number listed was 4510 Front Royal Drive rather than 4513 Front Royal Drive, there is no question regarding which property the hearing is for in the Public Notice because the property is labeled as Whispering Oaks Community Center, it's on Front Royal Drive, the correct PIN number was posted and a full description was given of the lots on the subject property within the Public Notice. For these reasons, the location of the subject property is very clear even though the address given is incorrect. All other public notice was done without error and notice was sent to over 90 abutting property addresses. Attorney Gottemoller states the staff report and application covers the request before the commission and they are willing to answer any questions or concerns brought forth. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating Iglesia Casa De Vida currently holds worship services in the City of McHenry and is seeking to purchase the Whispering Oaks Community Center and utilize the building as a religious assembly use. The Whispering Oaks Community Center has been used as an assembly use for many years but was constructed several decades ago and a conditional use permit for an assembly use was never obtained. Therefore one is being sought at this time. In accordance with the building code, as long as the occupant load does not exceed 100 people in the building at any one time, the building on the subject property is not required to comply with the building code for an assembly use. If the occupant load exceeds 100 the building code would require certain improvements for any type of assembly use or space utilized for social, educational, religious, recreational or similar types of gatherings. Staff will require a walk-thru, if this proposal is approved, by the City and McHenry Township Fire Protection District to ensure minimum life safety codes are met. Director of Economic Development Martin stated the existing use of the building as a community center is also an assembly use. The proposed assembly use will be limited by the size of the existing building as it is today as to the occupant load. Parking for the building is provided directly to the north. There are existing property maintenance, building code and cosmetic issues associated with the property, which the applicant has already agreed, as stipulated in the application, to address if this use is approved. Among those are repairing, patching and striping the parking area and staff would also add providing parking lot lighting in accordance with the zoning ordinance. Additionally, there's an existing dumpster within the parking area which staff recommends be enclosed and screened. aff believes this is an appropri State location for the proposed assembly use which will not adversely impact neighboring properties or public safety and health. It is staffs belief the use Fool Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us will not require any additional public services and is compatible with the surrounding area. Churches are typically zoned residential and many are located within the midst of or adjacent to residential neighborhoods in the City including: St. Mary's on Richmond Road, St. Patrick's on Washington Street, St. Paul's on St. Paul Avenue, The Church of Holy Apostles on Bull Valley Road, Shepherd of the Hills Church on Green Street and First United Methodist Church on Main Street. Director of Economic Development Martin stated Staff recommends approval of a conditional use permit to allow an assembly use at 4513 Front Royal Drive with conditions, as presented, and 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 Meyer asked what the number of parking spaces required would be, how many days of the week services are held, what is the average attendance for services and if anyone will ever be staying overnight in the facility. Director of Economic Development Martin stated a rough calculation of 20-22 parking spaces would fit on each side of the paved area but he does believe the paved area will meet the requirements required for the determined occupancy load and the applicant has agreed to expand the parking area if that is required. Pastor Mullings stated services are held three days a week on the weekends. Average attendance is approximately 80 including children and there will not be anyone staying overnight in the building. Commissioner Doherty asked if there would be outside entertainment at the property. Pastor MUllings responded Sunday school classes go outside and have picnics occasionally, nothing is scheduled outside of that. Director of Economic Development Martin stated that inside gatherings are always allowed but any large group gatherings with the public invited would require a temporary use permit the same as any other business or church. If the commissioners wanted to add a provision to the motion that all public events must obtain a temporary use permit that could be added. Commissioner Doherty inquired as to the handicap accessibility of the property, which has a lot of stairs. Commissioner Strach stated the issue before the commission is a zoning hearing and building issues would be addressed by the building department when permits were submitted or by City Council. Director of Economic Development Martin stated any building improvements must adhere to current building codes and follow what the law requires when permits are issued, including the Illinois Accessibility Laws and requirements. Attorney Gottemoller further stated the applicant must follow the code in order to open and they will follow all the current laws and regulations. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Commissioner Bromley asked for clarification if the load limit will definitely be set at 100 or if it will be established later. Director of Economic Development Martin replied occupant load will be established when the building walk-through is done and before the certificate of occupancy is issued. Chairman Strach opened the floor to questions and comments from the audience. Andrew A. Glab, 5001 W. Oakwood, McHenry, was sworn in by Commissioner Strach. Mr. Glab opined the public notice for this hearing is incorrect according to state statutes because it did not state the correct address. He further stated he and many others in the neighborhood have concerns particularly concerning noise. He stated it is quiet neighborhood and they don't want that to change with outside parties happening on the property. Mr. Glab gave a short history of creation of the community center. He further stated the center could only be rented through a property owner and there are stipulations in the rental agreements some of which is due to the thin walls and noise factor. Mr. Glab, who indicated he owns property adjacent to the subject property and a single-family home within Whispering Oaks Subdivision, further opined the petitioners have rented it previously through someone but that itself may be at issue and that he, himself has heard music coming through the walls late at night. Mr. Glab opined a church will have an adverse impact on the neighborhood especially with noise and parking and he doesn't believe this church should be compared to the Catholic churches in the area because they have larger parking lots. Mr. Glab would like to see restrictions put in place so there is basic minimum impact. Mr. Glab further opined the building should have to be made handicap accessible if it is open to the public and believes the facility got around that issue previously because it was a private facility. Commissioner Vallez asked Mr. Glab if any similar concerns regarding parking and noise issues have occurred in past years when others have rented, or used, the community center. Commissioner Glab stated yes, they have had a few issues with past rentals. Commissioner Vallez further inquired how those issues were handled. Commissioner Glab stated neighbors complained to the board and the issues were discussed at association board meetings. Commissioner Vallez inquired if anyone had looked into making the street residential only parking. Commissioner Glab stated it has not been discussed for that that area of that particular street. Commissioner Vallez opined parking issues probably haven't happened often enough to make them become a city issue regarding the parking regulations. Commissioner Vallez confirmed with Mr. Glab that the property is within an association. Mr. Glab stated the property is within an association and with previous rentals the property was not used every weekend on a regular basis but more sporadically. Discussion was held regarding whether there are any regulations in place in the city on private property for any type of party or gathering for large groups of people, such as weddings and birthday events. 10 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Commission Meyer asked for the discussion to be brought back to the zoning requests presented. Mr. Glab stated he is requesting the commissioners and council members to be proactive. Chairman Strach closed the public comment portion of the hearing at 8:15 p.m. Director of Economic Development Martin asked the Commissioners to make note in their motion of any deviation from the conditions presented. Motion by Meyer, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-868, an application for a conditional use permit to allow an assembly use and any variances required to effectuate the aforementioned request on the subject property located at 4513 Front Royal Dr., McHenry, IL as presented by applicant Iglesia Casa De Vida, subject to the following conditions: • The building on the subject property shall only be utilized, following awalk-thru inspection by the City and McHenry Township Fire Protection District, and there can be no more than 100 people inside the building at any one time unless the building is improved to meet building code requirements for an assembly use; • Property maintenance issues including: parking lot patching and restriping (in accordance with City ordinance and Illinois Accessibility Code), roof repair, repairing railings to outside stairs in addition to repair/replacement of all broken windows and addressing exposed electrical and all other life safety and property maintenance issues to accommodate use of the building be completed prior to the issuance of a certificate of occupancy being issued for an assembly use on the subject property. All the aforementioned shall be completed in compliance with all applicable City rules, ordinances and regulations; • Parking lot lighting shall be installed, to ensure the minimum parking lot lighting requirements, outlined in the City's zoning ordinance and other applicable ordinances are met prior to issuance of a certificate of occupancy; • Existing or any future dumpster be completely enclosed and screened; existing dumpster shall be completely enclosed or screened prior to issuance of a certificate of occupancy. This shall be completed in compliance with all applicable City rules, ordinances and regulations. • Parking of vehicles, other than those related to the use of the building on the subject property, is prohibited. Vehicles cannot be parked or stored overnight on the subject property. 11 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Bromley, Doherty, Meyer, Vallez, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the Public Hearing regarding File No. Z-868 at 8:17 p.m. Respectfully submitted, Dorothy M. Wolf, Planning Secretary City of McHenry 12 & Zoning Department of Community & 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 FOR THE PROPERTY LOCATED AT 4513 FRONT ROYAL 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 Iglesia Casa De Vida, 3430 Elm Street, McHenry, IL 60050 requesting a Conditional Use Permit to allow an assembly use for the property located at 4513 Front Royal Drive and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on July 22, 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 subject to the following conditions: • The building on the subject property shall only be utilized, following awalk-thru inspection by the City and McHenry Township Fire Protection District, and there can be no more than 100 people inside the building at any one time unless the building is improved to meet building code requirements for an assembly use, 13 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Property maintenance issues including: parking lot patching and restriping (in accordance with City ordinance and Illinois Accessibility Code), roof repair, repairing railings to outside stairs in addition to repair/replacement of all broken windows and addressing exposed electrical and all other life safety and property maintenance issues to accommodate use of the building be completed prior to the issuance of a certificate of occupancy being issued for an assembly use on the subject property. All the aforementioned shall be completed in compliance with all applicable City rules, ordinances and regulations; • Parking lot lighting shall be installed, to ensure the minimum parking lot lighting requirements, outlined in the City's zoning ordinance and other applicable ordinances are met prior to issuance of a certificate of occupancy; • Existing or any future dumpster be completely enclosed and screened; existing dumpster shall be completely enclosed or screened prior to issuance of a certificate of occupancy. This shall be completed in compliance with all applicable City rules, ordinances and regulations; • Parking of vehicles, other than those related to the use of the building on the subject property, is prohibited. Vehicles cannot be parked or stored overnight on the subject property. 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 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us districtI 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; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2015 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2015 ATTEST: CITY CLERK 15 MAYOR Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property M�� Narrative for a permit to allow General Assembly of the Iglesia Casa de Vida Iglesia Casa De Vida LLC is a church operated by Pastor Nepthali Mullings in the town of McHenry Illinois. Recently the Pastor became aware of the availability of the possibility to us the Whispering Oaks Community Center as a permanent church facility. After a lengthy negotiation the Pastor and the members of the Whispering Oaks Community Center entered into a real estate contract for the purpose of purchasing the property. The contract is subject to obtaining approval of the City to use the site for a church. T'he petitioner is seeking the approval to use the site for general assembly under the terms of the City of McHenry Zoning Ordinance. The property as it currently exists has been used by the homeowners association for years as a place for general assembly. The church with regularly scheduled services will be busy before and after those services they are not likely to cause any significant change in the existing traffic patterns. We will repair the parking lot and fix the roof, paint the inside and fix the railings to the outside stairs, repair all broken windows, will pipe all the electric wires that are exposed. Respectfully Submitted Community and Economic Development JUL 4 2 2015 City of McHenry community and Ec01111C Development JUL 0 2 2015 K91 Ilkli 05 ME] City of McHenry PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number Z468 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 1. Name of Applicant I�;lesia Casa De Vida, co Pastor Napthali Tel 815 669 1406 Address 3430 Elm Street Fax City McHe State_IL Zip_60050 Email pastormullings@yahoo.com 2. Name of Property Owner Whispering Oaks Community Center Tel (If other than Applicant) Address c/o Pres. Bill Weber 4910-13 Oakwood Drive Fax City McHenry__ State IL Zip 60050 3. Name of Engineer Tel (If represented) Address Fax City. State Zip 4. Name of Attorney Joseph Gottemoller Tel 815 459 5152 (If represented) Address 1 N Virginia Street, Crystal Lake Il 60014 Fax 815 459 5152 Email Joe@mchenrycountylaw.com 5. Common Address or Location of Property 4513 Front Royal Dr McHenry I160050 PIN 09 34 201 001 6. Requested Actions) (check all that apply) —Zoning Map Amendment (Rezoning) XX Conditional Use Permit for an assembly use Zoning Variance Other =Zoning Variance —Minor * Zoning Text Amendment Use Variance *Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORMA Page 1 of 3 7. Current Use of Property The property has been used as the community center for Whispering Oaks for magy years The association has entered into an agreement to sell the property to the church. The sale agreement is contingent on zoning approval 8. Current Zoning Classification of Property, Including Variances or Conditional Uses The property is currently classified as RS3 This is the category of zoning that is also located to the north and on about one half of both the East and West boundaries of the parcel in Question The Property to the south and the south one half of the East and West boundaries is classified as RM2 and contains apartments and multifamily housing 9. Current Zoning Classification and Land Use of Adjoining Properties North: RS3 Medium Hi Density Residential South: RM2 Hi Density Multifamily residential both Single Family and Apartments East: RM2 and RS3 Hi Density Multifamily residential both Single Family and Apartments West: RS3 single family and contains sin leg family homes 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. XX 1. Application Fee (amount) $ 950.00 XX 2. Narrative Description of Request XX 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application XX 5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application 7. FORM E — Use Variance Application XX 8. Proof of Ownership and/or Written Consent from Property XX 9. Plat of Survey with Legal Description XX 10. List of Owners of all Adjoining Properties XX 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis Owner Community and Economic Development JUL 0 2 2015 City of McHenry 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 ordinances) 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 Applioant(s) �Ommunity and Economic Development JUL 02 2015 I �Ity of McHenry FORMA Page 3 of 3 ty and CoMrtr'►��lvelapment rtomlc �UL 02 201 City of mcHent y FORM C CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry File Number 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 31 of the City of 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 our request 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. The property has been used for atherings with the property owners association Although the churches use may be more intense there should be no significant impacts to the traffic in the area 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. None• the parish intends to conduct services inside the existing building 3. 1Veiiyhborhood 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. Generally churches are consistent with residential neihborhoods In addition approximatel one half of this property is adjacent to hi h density apartments and condominiumsa 0The front half opens into a cul de sac . There should be no difficulty concerning parking etc The petitioners intend to improve the existing parking lot the existing parking Furthermore if there is a need for additional parking the site has the space to add to lot it it becomes necessary, 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. This is going to convert a community center to a church There is no significant change to the use FORM C Page 1 of 2 1~�t iMunity ana tcc Development JUL Uzi M3 of McHenry 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. The Church will not be detrimental to the safety health or welfare of the participants or the em loyees at the church 6. Other Factors ' The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. A church is enerally consistent with the neighborhood residential uses At this particular location there has been assembly uses for many years The assembly purposes of a church are not a significant change FORM C Page 2 of 2 Plat of Survey �ug6CTP q : WT 2919 9gg9L V, Pu, 40.5.9ENE. SLUDIVOIg9 M SIEMENS V AND /�ot, o�Isle ps 1�1 Split—Level 9Reeieencema 1294JJ.1 Sq. Feet 3.0 Acre amunrC wmNAmm s IF ,m14 OwwLmur. uon Department of Community & 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: August 17, 2015 Regular pity Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Motion to grant a Variance to allow an Off -Premise Sign at 1012 Green Street (northeast corner of John Street and Green Street) for the McHenry Country Club A►TT: 1. Location Maps 2. Vision Clearance Triangle 3. Proposed Sign Elevation BACKGROUND: A permit was received from the McHenry Country Club to erect a 32 square foot freestanding off -premise sign at 1012 Green Street, northeast corner of Green Street and John Street (McHenry High School East Campus). McHenry Country Club is located at 820 N John Street and approximately .33 miles to the east of the intersection of Green Street and John Street. Similar to many country clubs nationwide the McHenry County Club is struggling to sustain their membership and seeking ways to promote their use, as well as direct people to their site. Recently, trailblazer -style signs were installed at the intersection of John Street and Front Street (Illinois Route 31), similar to signs for the McHenry Health Center and Pioneer Center, to direct people traveling to the McHenry Country Club. The City installed several wayfinding signs a few years ago with the primary purpose being to assist people traveling to the City and direct them to specific locations: parking areas, shopping, dining, etc. The proposed sign is six feet in height, and the sign area is four feet in height by eight feet in width (see attached sign elevation). A sign variance is required because the City's sign ordinance prohibits any sign advertising a product, service, business and the like, that is not located on the premises upon which the sign is located. 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 ANALYSIS: Due to their location and to enhance and promote activities and events the McHenry Country Club sought permission from McHenry High School District 156 to install a an off -premise sign at McHenry High School East Campus, northeast corner of John Street and Green Street. The McHenry High School District 156 board approved the proposed sign at east campus. Due to the sign being proposed at the intersection of Green and John Streets it's required to be located outside of the Vision Clearance. Triangle which is defined as: "A triangular area located at the at -grade intersection of streets, railroads, driveways, or any combination thereof, formed by the right -of --way lines (or the edge of the driveway or aisle in the case of a driveway) between their intersection and points 30 feet from their intersection along each line (or 10 feet in the case of a driveway), and by a straight line connecting these two points" (see attached aerial photograph depicting vision clearance triangle). Any sign located within the vision clearance triangle is required to have a minimum sign clearance of eight feet unless the sign height is 2.5 feet or less. In the past, the City has allowed off -premise signs for residential subdivisions (Boone Creek, Patriot Estates, Kresswood Trails, and Olde Mill Ponds). The Council has also approved variances similar to the one being requested for the VFW allowing feather banners adjacent to Illinois Route 120 to assist in their efforts keeping the facility financially stable. Criteria for approval for sign variances are listed below. 1) Will not be materially detrimental to the public welfare or injurious to other property in the nity; 2) Will not impair an adequate supply of light and air to adjacent property, increase the danger A 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. The proposed sign is an off -premise sign however it serves a dual purpose, advertising for the McHenry Country Club as well as acting as a directional sign for people traveling to the country club. With the current state of the economy believes it is imperative to assist businesses keeping them sustainable. The McHenry Country Club is a destination however the proposed sign will include advertising for particular events, such as what is depicted on the proposed elevation "Fish Fry Friday." 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us The McHenry Country Club, constructed circa 1950, is part of the City's historical fabric, and is adjacent to and been in the community for more than half a century. The McHenry Country Club serves as a gateway to the Country Club Subdivision and is in adjacent to "Original McHenry". It's also located in close proximity to downtown and will enhance the City's downtown revitalization efforts by drawing people to the downtown area from Charles Miller Road, Illinois Route 120 and Illinois Route 31. Similar to the VFW and for the aforementioned reasons previously discussed it's staffs belief the City has a vested interest in assisting the country club in maintaining their current membership as well as grow it in the future and remaining an integral piece of the community. Additionally, this is a unique situation, as there are no businesses which are comparable to the McHenry Country Club within the City therefore staff does not believe precedence is being set. Recommendation: If the City Council concurs with staff s analysis it is recommended that a motion be made to grant a Variance to allow an Off -Premise Sign at 1012 Green Street (northeast corner of John Street and Green Street) for the McHenry Country Club with the condition the sign is in substantial conformance with the elevation and dimensions provided. 3 - 7�. f � ! Proposed Sign Location allFILL- ®.s McHenry Country Club TIM f - -P.rX FILL ----- N _ rr rL ! =��Pam F, i 11 1 i �A I I\ ILI ILLn 5FIF,�s,• �}-\ r AL A IF Awl IF IF IN FeIr If '� IL OF ALI 10 10.1 -_ .� t•4 OkE NRONP. IF - I r FILL a - Pa IF ASIA ; - L imp IF Ims am ILI - r wIF LIFF.L— ` _ - IF •)osed Sign Location IF FILL, IF FILL i 1� IF --- I i -- -- mchenry cc 2 7/15/2015 2:47:02 PM Scale: 1:17.50 Height: 83.200 Length: 131.237 in r 24" from grade 6' OVERALL STRUCTURE 48" rade Department of Community & 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: August 17, 2015 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Various text amendments to the City of McHenry Zoning Ordinance and Municipal Code including: Article III, General District Regulations (H. Operations within Enclosed Buildings); Article V. Commercial Districts; Article VI. Office, Industrial, Business Park, Agriculture & Mining Overlay and Health Care Districts and Article XIX. Definitions (Text amendments generally pertaining to the regulation of outdoor seating, serving of alcoholic beverages and live entertainment for restaurant and tavern uses) and Settlement of Offenses Provision in the Municipal Code 1. Community Development Committee Meeting Minutes dated February 23, 2015 2. Planning and Zoning Commission Minutes dated May 13, 2015 3. Ordinance approving various text amendments to the City of McHenry Zoning Ordinance and Municipal Code including. Article III. General District Regulations (H. Operations within Enclosed Buildings); Article V. Commercial Districts; Article VI. Office, Industrial, Business Park, Agriculture & Mining Overlay and Health Care Districts and Article XIX. Definitions (Text amendments generally pertaining to the regulation of outdoor seating, serving of alcoholic beverages and live entertainment for restaurant and tavern uses) and Settlement of Offenses Provision in the Municipal Code BACKGROUND: The City of McHenry often receives requests from local food service establishments regarding opportunities for expanding their service area, as weather permits, by providing outdoor seating for patrons and/or to host live entertainment. According to Chapter III (General District Regulations), Paragraph H (Operations within Enclosed Buildings) of the McHenry Zoning Ordinance: "All business, service, storage, merchandise display, and, where permitted, repair and processing shall be conducted wholly within enclosed buildings except for off-street parking, off-street loading, and for open sales lots or outside storage E Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us where these uses are permitted..." (The narrative goes on to describe the process for the outside display of merchandise previously amended.) Therefore, by definition, a business' ability to offer outdoor seating would require that a request proceed through the Planning and Zoning Commission for review and approval which includes: public notification and public hearing prior to being considered by the City Council. Due to the public notification requirements and meeting schedules of the Planning and Zoning Commission and City Council, it is estimated that approval of a conditional use for outdoor seating would take, at a minimum, 30-45 days for approval. Understanding this process as a potential burden on business, particularly during warm weather months, a goal established by the Community Development Committee for 2015, with recommendation by staff, was to consider an amendment to the zoning ordinance pertaining to outdoor seating as well as offering entertainment to streamline the review and approval process. The City Council amended the zoning ordinance to allow outside display of merchandise without the need to go through a public hearing process if certain conditions were met. It may similarly be possible to address outdoor seating and entertainment in the same manner. Additionally, the zoning ordinance requires restaurants with live entertainment or dancing to obtain conditional uses in C-3 (Community Commercial Districts); C-4 (Downtown Districts) and C-5 (Highway Commercial Districts). Another amendment previously approved by the City Council was to allow restaurants to serve alcoholic beverages without going through a formal zoning/public hearing process. A liquor license would still be required however this would remove an additional layer of review by eliminating the Planning and Zoning process. This amendment was approved Co restaurants serving alcoholic beverages in commercial districts however in O-2 (Office Park Districts) restaurants serving alcoholic beverages without live entertainment or dancing are a conditional use; restaurants are not permitted at all in the I- 1 (Industrial Districts) and restaurants are not permitted by -right in BP (Business Park Districts). They are however conditional uses in the BP district. ANALYSIS: The aforementioned amendments described are being proposed as part of an ongoing effort to make additional efforts to promote business by allowing businesses the opportunity to offer outdoor seating and/or entertainment but to do so in a timely manner. Amendments, similar to the ones being proposed as part of this supplement, have been approved in the same manner in the recent past including: temporary uses, removing the restrictions on LED/changeable copy signs, permitting outside display of merchandise as 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us previously mentioned, amendments to the sign ordinance to allow additional temporary signage for businesses conducting grand openings, permitting sandwich board signs and most recently the amendments to the sign ordinance approved which eliminated businesses to bring freestanding signs into conformance by August of this year and further retracted the annual fee previously included as part of the non -conformity provisions in the sign ordinance. All of the aforementioned were text amendments to the zoning ordinance and/or municipal code and include requirements which need to be met to ensure the public health, safety and welfare is not comprised in any manner, which is the primary function of zoning and land use regulations. The amendment currently being proposed would not compromise public health, safety or welfare. At their February 23, 2015 meeting the Community Development Community discussed the various amendments previously described pertaining to outdoor seating and entertainment (minutes attached) and considered regulations that could be considered as part of an amendment to the zoning ordinance, as well as the process by which a business could have outdoor seating approved in a more expedient manner and using a less cumbersome process. General Conditions to streamline review for Outdoor Seating The intent of this section is to provide regulations for the placement of outdoor seating on private and public property and to mitigate any adverse impacts on adjacent properties and/or public right-of-way while maintaining the health, safety and welfare of the general public. Any person who owns or operates a business, whereby the principal use is a restaurant and opens on to a street, public way or private way shall be permitted to install outdoor seating in accordance with the following regulations: • Approved ingress and egress to and from a building must be maintained as required by the City currently adopted building code; • The seating must be located on a hard surface such as asphalt, concrete, brick or wood; • It must not be located within a required landscape island or area; • Seating located adjacent to a vehicular parking area or driving aisle shall be separated by a physical barrier (fence, gate, landscape planter, etc.); • Sidewalks shall not be reduced to a clear usable width of less than 4&inches; • Pedestrian and motor vehicle vision clearance must not be blocked at intersections, driveways, doors and signage. This includes the use of appurtenances (umbrellas, etc.); • Tables, chairs and other related items shall be appropriately secured in the case of high winds; 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Operation of outdoor seating area is only permitted when the business is open and not before 7:00 am or after 10:00 pm; • Outdoor seating on public property must be removed during hours that it is not being utilized; • The use of signage, pennants, banners, flags (other than American), lighting, electric amplification or noise -making devices shall not be used; • No electrical appliances or open flame devices to be placed in the seating area; • Outdoor seating on public property shall be immediately removed by the business owner any time that the City Administrator, or his/her designee, determines that a clear sidewalk is needed because of traffic, street cleaning, maintenance, utility work, crowd control, parade, emergency, or in the case of violation of any of the above conditions. Process for Authorizing Outdoor Seating Businesses wishing to locate outdoor seating would be required to submit the following information to the Community and Economic Development Department for review and approval: • Application form that identifies business name, address, PIN, zoning designation, name/address/phone/fax/email of applicant and property owner; • A dimensioned site plan indicating the number and location of the tables (including table measurements), chairs, trash receptacles and any other related elements; • A "Waiver of Liability" form signed by the business owner, and in the case of leased property, the property owner for outdoor seating on public property (such as in a downtown setting); • It is recommended that, once an Outdoor Seating Permit is issued, it remain active until such time as the requesting business ceases to exist. In other words, it does not have to be renewed annually. However, the application and permit will include a statement that authorizes the City to revoke the permit if any of the established conditions are not met. A fine provision will also be added to the list of Settlement of Offenses in the Municipal Code to address violations. In addition to these guidelines and approval process, the Community Development Committee also discussed the following related topics/recommendations provided by staff: Service of Food and Alcohol and Live Entertainment At this time, it is recommended the inclusion of food and/or alcohol service for outdoor seating be limited to food that is sold and transferred within the building and carried in to the outdoor seating area. Alcohol would not be permitted outside unless a variance from these provisions 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 obtained. The service of food in an outdoor seating area may be requested by a business but would be required to go through a variance process. Staff is also recommending restaurants with indoor entertainment be permitted uses in all commercial districts and taverns with/without indoor entertainment shall be classified as conditional uses in C-2, C-3, C4 and C-5 zoning districts in accordance with the definition of indoor entertainment staff is proposing as part of these amendments. Additionally, staff is recommending amendments to Article VI: Office, Industrial, Business Park, Agriculture & Mining Overlay, and Health Care Districts to permit taverns and bars with/without entertainment as conditional uses in the O-2 Office Park; I-1 Industrial and in the BP Business Park Districts in accordance with the definition of indoor entertainment as -proposed by staff. Restaurants serving alcoholic beverages and/or with indoor entertainment shall also be permitted uses in the 0-2 Office Park, I-1 Industrial and BP Business Park Districts. It is also recommended that the streamlined process outlined herein authorizing outdoor seating not include the service or consumption of alcohol or outdoor preparation of food. This may be requested by a business but they would be required to go through a variance process to obtain zoning relief, as more stringent guidelines may be placed on the service/consumption of alcohol and outside preparation of food by the ordinance pertaining to alcoholic beverages and service of food and alcohol as regulated by ordinances enforced by the McHenry County Department of Health. Currently, live entertainment is a conditional use for taverns and bars in C-2, C-3, and C-4 and for restaurants located in C-5 zoning districts. It may be appropriate to amend the zoning ordinance to eliminate "live entertainment and dancing" within restaurants and taverns and define "indoor entertainment" including restrictions in order for taverns or restaurants to offer indoor entertainment. Staff is proposing the following definition. "Entertainment, Indoor: This may include but is not limited to the following activities: bands, music, karaoke, and other similar activities which are accessory to the principal use on the subject property and any such indoor entertainment proposed shall comply with all applicable City of McHenry rules, ordinances and regulations. This definition does not include, permit, encompass or allow any activity regulated and/or addressed in Chapter 2.50 Adult Uses in the City of McHenry Municipal Code. Additionally, it does not include, permit, encompass or allow amusement facilities, already regulated in the zoning ordinance and/or municipal code or regulated by another governmental entity, including: movie theaters, bowling alleys, pool halls, arcades, performance venues, video gaming, and indoor sporting exhibitions where such 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us activities are the principal uses on the subject property and/or regulated by other governmental entities." COMMUNITY DEVELOPMENT COMMITTEE: The Community Development Committee made a motion directing staff to proceed with the development of amendments to the zoning ordinance to allow for the implementation of outdoor seating without the need to go through a lengthy condition use process and to explore the possibility of outdoor heaters together with the outside seating. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended to the City Council various text amendments to the City of McHenry Zoning Ordinance including the following amendments to Article III General District Regulations and other applicable administrative sections in the zoning ordinance and/or municipal code: • Application form that identifies business name, address, PIN, zoning designation, name/address/phone/fax/email of applicant and property owner; • A dimensioned site plan indicating the number and location of the tables (including table measurements), chairs, trash receptacles and any other related elements; • A "Waiver of Liability" form signed by the business owner, and in the case of leased property, the property owner for outside seating on public property only or alternatively language shall be included on the permit application addressing liability; • Once an Outdoor Seating Permit is issued, it shall remain active until such time as the requesting business ceases to exist. In other words, it does not have to be renewed annually. However, the application and permit will include a statement that authorizes the City to revoke the permit if any of the established conditions are not met. A fine provision will also be added to the list of Settlement of Offenses in the Municipal Code to address violations. • Establishments with existing outdoor seating and/or with an existing conditional use permit which addresses outdoor seating, service of food and/or alcohol, outdoor preparation of food and/or live entertainment and/or dancing may be permitted to continue to exist however any changes proposed by any of those establishments in the future will require submittal of a permit application as defined herein and all conditions included herein shall be met which may include a variance and/or amendment to an existing ordinance; Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Approved ingress and egress to and from a building must be maintained as required by the City currently adopted building code; • Preparation and service of food outside is prohibited; • Service and consumption of alcohol outside is prohibited; • The seating must be located on a hard surface such as asphalt, concrete, brick or wood; • It must not be located within a required landscape island or area; • Seating located adjacent to a vehicular parking area or driving aisle shall be separated by a physical barrier (fence, gate, landscape planter, etc.); • A $25 permit fee shall be required for any establishment seeking outdoor seating in accordance with the recommended provisions included herein. • An inspection shall be required following permit review and issuance and prior to use of outdoor seating. • Sidewalks shall not be reduced to a clear usable width of less than 48-inches. • Pedestrian and motor vehicle vision clearance must not be blocked at intersections, driveways, doors and signage. This includes the use of appurtenances (umbrellas, etc.). • Tables, chairs and other related items shall be appropriately secured in the case of high winds. • Operation of outdoor seating area is only permitted when the business is open and not before 7:00 am or after 10:00 pm. • Outdoor seating on public property must be removed during hours that it is not being utilized. • The use of signage, pennants, banners, flags (other than American), lighting, electric amplification or noise -making devices shall not be used. • No electrical appliances or open flame devices to be placed in the seating area. Only the use of "infrared -style" heaters will be permitted in accordance with any applicable testing organization (UL) or other listing and in accordance with the manufacturer's specifications. 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 • Outdoor seating on public property shall be immediately removed by the business owner any time that the City Administrator, or his/her designee, determines that a clear sidewalk is needed because of traffic, street cleaning, maintenance, utility work, crowd control, parade, emergency, or in the case of violation of any of the above conditions. And if any of these conditions cannot be met, a variance, in accordance with the provisions of the zoning ordinance, would be required. The following text amendments to the zoning ordinance were also recommended: • Article V: Commercial district regulations: Restaurants with indoor entertainment, as defined herein, shall be permitted uses in all commercial districts and taverns with indoor entertainment, as defined herein, shall be classified as conditional uses in G2, & 3, C 4 and G5 zoning districts; • Article VI: Office, Industrial, Business Park, Agriculture & Mining Overlay, and Health Care Districts to permit taverns and bars with indoor entertainment, as defined herein, as conditional uses in the O-2 Office Park; 1-1 Industrial and in the BP Business Park Districts; • Article VI: Restaurants serving alcoholic beverages and/or with indoor entertainment, as defined herein, shall also be permitted uses in the &2 Office Park, 14 Industrial and BP Business Park Districts; • The following definition of entertainment shall be included in the definitions section of the zoning ordinance: "Entertainment, Indoor: This may include but is not limited to the following activities: bands, music, karaoke, and other similar activities which are accessory to the principal use on the subject property and any such indoor entertainment proposed shall comply with all applicable City of McHenry rules, ordinances and regulations. This definition does not include, permit, encompass or allow any activity regulated and/or addressed in Chapter 2.50 Adult Uses in the City of McHenry Municipal Code. Additionally, it does not include, permit, encompass or allow amusement facilities, already regulated in the zoning ordinance and/or municipal code or regulated by another governmental entity, including: movie theaters, bowling alleys, pool halls, arcades, performance venues, video gaming, and indoor sporting exhibitions where such activities are the principal uses on the subject property and/or regulated by other governmental entities." E✓' Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us If the City Council concurs with the Community Development Committee and Planning and Zoning Commission it is recommended the attached ordinance authorizing various text amendments to the zoning ordinance, including the following amendments to Article III General District Regulations and other applicable administrative sections in the zoning ordinance and/or municipal code be approved. • Application form that identifies business name, address, PIN, zoning designation, name/address/phone/fax/email of applicant and property owner; • A dimensioned site plan indicating the number and location of the tables (including table measurements), chairs, trash receptacles and any other related elements; • A "Waiver of Liability" form signed by the business owner, and in the case of leased property, the property owner for outside seating on public property only or alternatively language shall be included on the permit application addressing liability, • Once an Outdoor Seating Permit is issued, it shall remain active until such time as the requesting business ceases to exist. In other words, it does not have to be renewed annually. However, the application and permit will include a statement that authorizes the City to revoke the permit if any of the established conditions are not met. A fine provision will also be added to the list of Settlement of Offenses in the Municipal Code to address violations. • Establishments with existing outdoor seating and/or with an existing conditional use permit which addresses outdoor seating, service of food and/or alcohol, outdoor preparation of food and/or live entertainment and/or dancing may be permitted to continue to exist however any changes proposed by any of those establishments in the future will require submittal of a permit application as defined herein and all conditions included herein shall be met which may include a variance and/or amendment to an existing ordinance, • Approved ingress and egress to and from a building must be maintained as required by the City currently adopted building code; • Preparation and service of food outside is prohibited; • Service and consumption of alcohol outside is prohibited; • The seating must be located on a hard surface such as asphalt, concrete, brick or wood; �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 • It must not be located within a required landscape island or area; • Seating located adjacent to a vehicular parking area or driving aisle shall be separated by a physical barrier (fence, gate, landscape planter, etc.); • A $25 permit fee shall be required for any establishment seeking outdoor seating in accordance with the recommended provisions included herein. • An inspection shall be required following permit review and issuance and prior to use of outdoor seating. • Sidewalks shall not be reduced to a clear usable width of less than 48-inches. • Pedestrian and motor vehicle vision clearance must not be blocked at intersections, driveways, doors and signage. This includes the use of appurtenances (umbrellas, etc.). • Tables, chairs and other related items shall be appropriately secured in the case of high winds. • Operation of outdoor seating area is only permitted when the business is open and not before 7:00 am or after WOW pm. • Outdoor seating on public property must be removed during hours that it is not being utilized. • The use of signage, pennants, banners, flags (other than American), lighting, electric amplification or noise -making devices shall not be used. • No electrical appliances or open flame devices to be placed in the seating area. Only the use of "infrared -style" heaters will be permitted in accordance with any applicable testing organization (UL) or other listing and in accordance with the manufacturer's specifications. • Outdoor seating on public property shall be immediately removed by the business owner any time that the City Administrator, or his/her designee, determines that a clear sidewalk is needed because of traffic, street cleaning, maintenance, utility work, crowd control, parade, emergency, or in the case of violation of any of the above conditions. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us And if any of these conditions cannot be met, a variance, in accordance with the provisions of the zoning ordinance, would be required. And to also recommend the following text amendments to the zoning ordinance: • Article V: Commercial district regulations: Restaurants with indoor entertainment, as defined herein, shall be permitted uses in all commercial districts and taverns with indoor entertainment, as defined herein, shall be classified as conditional uses in C-2, C-3, C-4 and C-5 zoning districts; • Article VI: Office, Industrial, Business Park, Agriculture &Mining Overlay, and Health Care Districts to permit taverns and bars with indoor entertainment, as defined herein, as conditional uses in the 0-2 Office Park, I-1 Industrial and in the BP Business Park Districts; • Article VI: Restaurants serving alcoholic beverages and/or with indoor entertainment, as defined herein, shall also be permitted uses in the O-2 Office Park, I-1 Industrial and BP Business Park Districts, • The following definition of entertainment shall be included in the definitions section of the zoning ordinance: "Entertainment, Indoor: This may include but is not limited to the following activities: bands, music, karaoke, and other similar activities which are accessory to the principal use on the subject property and any such indoor entertainment proposed shall comply with all applicable City of McHenry rules, ordinances and regulations. This definition does not include, permit, encompass or allow any activity regulated and/or addressed in Chapter 2.50 Adult Uses in the City of McHenry Municipal Code. Additionally, it does not include, permit, encompass or allow amusement facilities, already regulated in the zoning ordinance and/or municipal code or regulated by another governmental entity, including: movie theaters, bowling alleys, pool halls, arcades, performance venues, video gaming, and indoor sporting exhibitions where such activities are the principal uses on the subject property and/or regulated by other governmental entities." 11 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us COMMUNITY DEVELOPMENT COMMITTEE MEETING Monday, February 23, 2015 Aldermen's Conference Room City Administrator Morefield reiterated to the Committee that one of the goals of the Community Development Committee for 2015 is to consider an amendment to the Zoning Ordinance pertaining to outdoor seating and entertainment. He reminded the Committee that the City recently amended the Zoning Ordinance to allow the outside display of merchandise without the need to go through the Conditional Use Permit process. City Administrator Morefield suggested it may similarly be possible to address outdoor seating and entertainment the same way. Outdoor Seating The City often receives requests from local food service establishments regarding opportunities for expanding their service area, as weather permits, by providing outdoor seating of patrons. By current definition, in the Zoning Ordinance, a business is required that a business' request for outdoor seating proceed through the Conditional Use process for review and approval. The process includes public notification and the holding of a public hearing before the Planning and Zoning Commission, prior to consideration by Council. Due to public notification requirements and the meeting schedule of the Planning and Zoning Commission, estimated approval of a Conditional Use Permit would take, at a minimum, 30- 45 days. It is Staffs opinion that the process presents a barrier to outdoor seating and Entertainment opportunities and those guidelines could be established to allow these uses through an administrative review and approval process on a more timely and business friendly basis. Staff is proposing the following regulations be considered as part of an amendment to the Zoning Ordinance which, if complied with, would allow outdoor seating for businesses within any commercial zoning district. General Conditions for Outdoor Seating The intent of this section is to provide regulations for the placement of outdoor seating on private and public property and to mitigate any adverse impacts on adjacent properties and/or public right-of-way while maintaining the health, safety and welfare of the general public. Any person who owns or operates a retail business that has a storefront that opens 12 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us on to a street, public way or private way shall be permitted to install outdoor seating per the following regulations: Approved ingress and egress to and from a building must be maintained as required by the City currently adopted building code. The seating must be located on a hard surface such as asphalt, concrete, brick or wood. It must not be located within a required landscape island or area. Seating located adjacent to a vehicular parking area or driving aisle shall be separated by a physical barrier (fence, gate, landscape planter, etc.). Sidewalks shall not be reduced to a clear usable width of less than 48-inches. Pedestrian and motor vehicle vision clearance must not be blocked at intersections, driveways, doors and signage. This includes the use of appurtenances (umbrellas, etc. ). Tables, chairs and other related items shall be appropriately secured in the case of high winds. Operation of outdoor seating area is only permitted when the business is open and not before 7:OOam or after 10:OOpm. Outdoor seating on public property must be removed during hours that it is not being utilized. The use of signage, pennants, banners, flags (other than American), lighting, electric amplification ornoise-making devices shall not be used. No electrical appliances or open flame devices to be placed in the seating area. Outdoor seating on public property shall be immediately removed by the business owner any time that the City Administrator, or his/her designee, determines that a clear sidewalk is needed because of traffic, street cleaning, maintenance, utility work, crowd control, parade, emergency, or in the case of violation of any of the above conditions. 13 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Process for Authorizing Outdoor Seatinn: Businesses wishing to locate outdoor seating shall submit the following information to the McHenry Department of Community and Economic Development for consideration: Application form that identifies business name, address, PIN, zoning designation, name/address/phone/fax/email of applicant and property owner; A dimensioned site plan indicating the number and location of the tables (including table measurements), chairs, trash receptacles and any other related elements; A "Waiver of Liability" form signed by the business owner, and in the case of leased property, the property owner; It is recommended that, once an Outdoor Seating Permit is issued, it remain active until such time as the requesting business ceases to exist. In other words, it does not have to be renewed annually. However, the application and permit will include a statement that authorizes the City to revoke the permit if any of the established conditions are not met. A fine provision will also be added to the list of Settlement of Offenses in the Municipal Code to address violations. A permit will need to be resubmitted if any changes are made to the listed conditions and/or status of the original permit. No fee is being recommended at this time for the issuance of this permit. Staff is recommending that no fee be charged as there is concern that the process would be viewed as a money -generating vehicle for the City. Other Related Items for Consideration Service of Food At this time, it is recommended the inclusion of food service for outdoor seating be limited to food that is sold/transferred within the building and carried in to the outdoor seating area. The service of food in an outdoor seating area may be requested by a business but would go through the variance process. The serving of food in an outdoor seating area introduces a number of issues related to sanitation and McHenry County Health Department regulations. 14 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Service/Consumption of Alcohol It is also recommended that the authorization for outdoor seating not include the service or consumption of alcohol. Again, this may be requested by a business but should continue to go through a separate variance and approval process as more stringent guidelines may be placed on the service/consumption of alcohol by the Liquor Commissioner within an outdoor seating area. Live Entertainment Currently, live entertainment is a conditioned use for taverns and bars in Zoning District C-2 and above and for restaurants in C-3 and above. It is recommended that this conditioned use remain in place for taverns and bars, however, it may be appropriate to amend the Zoning Ordinance to allow live entertainment and dancing within restaurants. In doing so it may be wise to more narrowly define "live entertainment" as it is not currently defined in the Zoning Ordinance. Live entertainment that includes amplification would not be allowed under the outdoor seating regulations as proposed. City Administrator Morefield stated that the regulations/conditions proposed are not inclusive and may be modified pursuant to any recommendations of the Committee. Alderman Santi opined that he supports a small annual fee. He also stated he feels Staff should view the outdoor seating venue prior to signing off on an application. Alderman Santi stated that he concurs with Staff that the process should be less of a burden on a business owner. Alderman Peterson opined that there really is not a lot of space for outdoor seating in most cases, but he has no issues with the concept. Chairman Alderman Condon stated that she would like Staff to verify that all seating is removed and placed indoors at night. Chairman Alderman Condon inquired about outdoor heaters stating she is in favor of the concept of having heaters outside, if they were removed and placed indoors nightly as well. City Administrator Morefield stated that businesses are likely to want to have them and the outside heater issue should be addressed. Responding to an inquiry from Chairman Alderman Condon regarding whether a businesses would need additional approval from the McHenry County Health Department regarding outside service, City Administrator Morefield stated that Staff would research the matter. 15 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Chairman Alderman Condon concurred with Alderman Santi regarding a small annual fee; she suggested $25 or $50, and an additional fee if an outside heater is involved. Motion by Santi, seconded by Peterson directing Staff to proceed with the development of an amendment to the Zoning Ordinance to allow for the implementation of outdoor seating without the need to go through a lengthy condition use process and to explore the possibility of outdoor heaters together with the outside seating. Aye: Condon, Peterson, Santi. Nay: None. Absent: None. Motion carried. 16 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry Planning and Zoning Commission Minutes May 13, 2015 Chairman Strach called the May 13, 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, Vallez, Bromley, Nadeau, Sobotta, Strach, and Thacker. Absent: None. Also in attendance were: Director of Economic Development Martin and Planning, City Attorney Cahill, and Zoning Secretary Wolf. City of McHenry File No. Z-861 Text Amendments to the Zoning Ordinance including Article III. General District Regulations (H. Operations within Enclosed Buildings); Article V. Commercial Districts; Article VI. Office, Industrial, Business Park, Agriculture & Mining Overlay and Health Care Districts and Article X. Definitions (Text amendments generally pertaining to the regulation of outdoor seati XIng, serving of alcoholic beverages and live entertainment for restaurant and tavern uses) Chairman Strach called the discussion to order at 7:54 p.m. regarding File No Z-861 a request for various text amendments to the City of McHenry Zoning Ordinance including: Article III. General District Regulations (H. Operations within Enclosed Buildings); Article V. Commercial Districts; Article VI. Office, Industrial, Business Park, Agriculture & Mining Overlay and Health :are Districts and Article XIX. Definitions (Text amendments generally pertaining to the regulation of outdoor seating, serving of alcoholic beverages and live entertainment for restaurant and tavern uses). Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on April 25, 2015. A Certificate of Publication is on file in the City Clerk's Office. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter stating this matter is regarding a few text amendments being proposed by the City. The City of McHenry often receives requests from local food service establishments regarding the opportunities for expanding their service area, as weather permits, by providing outdoor seating for patrons and/or to host live entertainment. 17 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us By definition of the zoning ordinance a business' aty to offer outdoor seating would require that a request proceed through the Planning and Zoning Commission for review and approval which includes public notification and public hearing prior to being considered by the City Council. Due to the public notification requirements and meeting schedules of the Planning and Zoning Commission and City Council, it is estimated that approval of a conditional use for outdoor seating would take, at a minimum, 3045 days for approval. Understanding this process as a potential burden on business, particularly during warm weather months, a goal established by the Community Development Committee for 2015, with recommendation by staff, was to consider an amendment to the zoning ordinance pertaining to outdoor seating and entertainment in order to streamline the review and approval process. The City Council recently amended the zoning ordinance to allow outside display of merchandise without the need to go through a public hearing process if certain conditions were net. It may similarly be possible to address outdoor seating and entertainment in the same manner. Additionally, the zoning ordinance requires restaurants with live entertainment or dancing to obtain conditional uses in C-3 (Community Commercial Districts); C-4 (Downtown Districts) and C-5 (Highway Commercial Districts). Another amendment previously approved by the City Council and being proposed for additional zoning districts is to allow restaurants to serve alcoholic beverages without going through a formal zoning/public hearing process. A liquor license would still be required however this would eliminate an additional layer of review by eliminating the Planning and Zoning process. This amendment was approved for restaurants serving alcoholic beverages in commercial districts however in 0-2 (Office Park Districts) restaurants serving alcoholic beverages without live entertainment or dancing are a conditional use; restaurants are not permitted at all in the I- 1 (Industrial Districts) and restaurants are not permitted by -right in BP (Business Park Districts). They are however conditional uses in the BP district. The amendments being proposed currently are part of an ongoing effort to promote business and allow an opportunity to offer outdoor seating and/or entertainment, but to do so in a timely manner. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us On February 23, 2015 the Community Development Community discussed this topic and considered regulations that could be considered as part of an amendment to the zoning ordinance, as well as the process by which a business could have outdoor seating approved. The intent is to provide regulations for the placement of outdoor seating on private and public property and to mitigate any adverse impacts on adjacent properties and/or public right-of-way while maintaining the health, safety and welfare of the general public. Any person who owns or operates a business, whereby the principal use is a restaurant and opens on to a street, public way or private way shall be permitted to install outdoor seating in accordance with specific regulations. Businesses wishing to locate outdoor seating are also required to submit specific information to the Community and Economic Development Department for consideration. In addition to these guidelines and approval process, the Community Development Committee also discussed the following related topics/recommendations provided by staff: Service of Food and Alcohol and Live Entertainment At this time, it is recommended the inclusion of food and/or alcohol service for outdoor seating be limited to food that is sold and transferred within the building and carried in to the outdoor seating area. Alcohol would not be permitted outside unless a variance from these provisions is obtained. The service of food in an outdoor seating area may be requested by a business but would be required to go through a variance process. Staff is recommending restaurants with indoor entertainment be permitted uses in all commercial districts and taverns wwithout indoor entertainment shall be classed as conditional uses in G2, G31 C 4 and G5 zoning districts in accordance with the definition of indoor entertainment staff is proposing as part of these amendments. Additionally, staff is recommending amendments to Article VI: Office, Industrial, Business Park, Agriculture &Mining Overlay, and Health Care Districts to permit taverns and bars with/without entertainment as conditional uses in the O-2 Office Park; I-1 Industrial and in the BP Business Park Districts in accordance with the definition of indoor entertainment as -proposed by staff. Restaurants serving alcoholic beverages and/or with indoor entertainment shall also be permitted uses in the &2 Office Park, I-1 Industrial and BP Business Park Districts. It is also recommended that the streamlined process outlined herein authorizing outdoor seating not include the service or consumption of alcohol or outdoor preparation of food. This may be requested by a business but they would be required to go through a variance process to obtain zoning relief, as more stringent guidelines may be placed on the service/consumption of Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us alcohol and outside preparation of food by the Liquor Commissioner and McHenry County Department of Health. Currently, live entertainment is a conditional use for taverns and bars in C-2, C-3, and C-4 and for restaurants located in C-5 zoning districts. It may be appropriate to amend the zoning ordinance to eliminate "live entertainment and dancing" within restaurants and taverns and define "indoor entertainment" including restrictions in order for taverns or restaurants to offer indoor entertainment. Staff proposed a specific definition for "Entertainment". The Community Development Committee directed staff to proceed with the development of an amendment to the zoning ordinance to allow for the implementation of outdoor seating without the need to go through a lengthy conditional use process and to explore the possibility of outdoor heaters together with the outside seating. Based on the discussion held by the Community Development Committee staff presented for recommendation several amendments to Article III General District Regulations and other applicable administrative sections in the zoning ordinance and/or municipal code. It was also stated if any of these conditions cannot be met a variance, in accordance with the provisions of the zoning ordinance, would be required. Staff also presented for recommendation several text amendments to the zoning ordinance, including a definition for Entertainment, Indoor. Chairman Strach invited questions and/or comments from the Commission. Commissioner Nadeau inquired who would have authority to monitor the requirements and whether random enforcement checks would be done. Director of Economic Development Martin stated the requirements would be observed/monitored in the initial permit application review; after that it will be monitored on a complaint -driven basis. Commissioner Bromley asked for clarification on the outside seating and service of food. Director of Economic Development Martin stated seating is for patrons to use and they could bring their own food outside, similar to seating at Starbucks, etc. 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 8:04 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 Motion by Nadeau, seconded by Bromley, to recommend to the City Council with regard to File No. M61, an application for various text amendments to the City of McHenry Zoning Ordinance including the following amendments to Article III General District Regulations and other applicable administrative sections in the zoning ordinance and/or municipal code: • Application form that identifies business name, address, PIN, zoning designation, name/address/phone/fax/email of applicant and property owner; • A dimensioned site plan indicating the number and location of the tables (including table measurements), chairs, trash receptacles and any other related elements; • A "Waiver of Liability" form signed by the business owner, and in the case of leased property, the property owner for outside seating on public property only or alternatively language shall be included on the permit application addressing liability; • Once an Outdoor Seating Permit is issued, it shall remain active until such time as the requesting business ceases to exist. In other words, it does not have to be renewed annually. However, the application and permit will include a statement that authorizes the City to revoke the permit if any of the established conditions are not met. A fine provision will also be added to the list of Settlement of Offenses in the Municipal Code to address violations. • Establishments with existing outdoor seating and/or with an existing conditional use permit which addresses outdoor seating, service of food and/or alcohol, outdoor preparation of food and/or live entertainment and/or dancing may be permitted to continue to exist however any changes proposed by any of those establishments in the future will require submittal of a permit application as defined herein and all conditions included herein shall be met which may include a variance and/or amendment to an existing ordinance; • Approved ingress and egress to and from a building must be maintained as required by the City currently adopted bung code; • Preparation and service of food outside is prohibited; • Service and consumption of alcohol outside is prohibited; • The seating must be located on a hard surface such as asphalt, concrete, brick or wood; • It must not be located within a required landscape island or area; • Seating located adjacent to a vehicular parking area or driving aisle shall be separated by a physical barrier (fence, gate, landscape planter, etc.); • A $25 permit fee shall be required for any establishment seeking outdoor seating in accordance with the recommended provisions included herein. • An inspection shall be required following permit review and issuance and prior to use of outdoor seating. 21 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Sidewalks shall not be reduced to a clear usable width of less than 48-inches. • Pedestrian and motor vehicle vision clearance must not be blocked at intersections, driveways, doors and signage. This includes the use of appurtenances (umbrellas, etc.). • Tables, chairs and other related items shall be appropriately secured in the case of high winds. • Operation of outdoor seating area is only permitted when the business is open and not before 7:00 am or after 10:00 pm. • Outdoor seating on public property must be removed during hours that it is not being utilized. • The use of signage, pennants, banners, flags (other than American), lighting, electric amplification or noise -making devices shall not be used. • No electrical appliances or open flame devices to be placed in the seating area. Only the use of "infrared -style" heaters will be permitted in accordance with any applicable testing organization (UL) or other listing and in accordance with the manufacturer's specifications. • Outdoor seating on public property shall be immediately removed by the business owner any time that the City Administrator, or his/her designee, determines that a clear sidewalk is needed because of traffic, street cleaning, maintenance, utility work, crowd control, parade, emergency, or in the case of violation of any of the above conditions. And if any of these conditions cannot be met, a variance, in accordance with the provisions of the zoning ordinance, would be required. And to also recommend the following text amendments to the zoning ordinance: • Article V: Commercial district regulations: Restaurants with indoor entertainment, as defined herein, shall be permitted uses in all commercial districts and taverns with indoor entertainment, as defined herein, shall be classified as conditional uses in C-2, C- 3, C4 and C-5 zoning districts; • Article VI: Office, Industrial, Business Park, Agriculture & Mining Overlay, and Health Care Districts to permit taverns and bars with indoor entertainment, as defined herein, as conditional uses in the O-2 Office Park; 14 Industrial and in the BP Business Park Districts; • Article VI: Restaurants serving alcoholic beverages and/or with indoor entertainment, as defined herein, shall also be permitted uses in the O-2 Office Park, I-1 Industrial and BP Business Park Districts; • The following definition of entertainment shall be included in the definitions section of the zoning ordinance: 22 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us "Entertainment, Indoor: This may include but is not limited to the following actives: bands, music, karaoke, and other similar activities which are accessory to the principal use on the subject property and any such indoor entertainment proposed shall comply with all applicable City of McHenry rules, ordinances and regulations. This definition does not include, permit, encompass or allow any activity regulated and/or addressed in Chapter 2.50 Adult Uses in the City of McHenry Municipal Code. Additionally, it does not include, permit, encompass or allow amusement facilities, already regulated in the zoning ordinance and/or municipal code or regulated by another governmental entity, including: movie theaters, bowling alleys, pool halls, arcades, performance venues, video gaming, and indoor sporting exhibitions where such activities are the principal uses on the subject property and/or regulated by other governmental entities. Be granted. Voting Aye: Bromley, Doherty, Vallez, Nadeau, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the discussion regarding File No. Z-861 at 8:05 p.m. Respectfully submitted, Dorothy M. Wolf, Planning &Zoning Secretary City of McHenry 23 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. 15- AN ORDINANCE ADOPTING VARIOUS TEXT AMENDMENTS TO THE CITY OF MCHENRY ZONING ORDINANCE AND MUNICIPAL CODE WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, a petition has been filed by the City of McHenry requesting various text amendments to the City of McHenry Zoning Ordinance and Municipal Code; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on May 13, 2015 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested text amendments; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the various text amendments currently requested and approved by this ordinance are consistent with the objectives of the City of McHenry Zoning Ordinance and Municipal Code 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, ILLINOIS0 AS FOLLOWS: SECTION 1. That the City of McHenry Zoning Ordinance Article III. GENERAL DISTRICT REGULATIONS Section H. Operations within enclosed buildings shall be amended by adding thereto the following language (highlighted): "H. Operations Within Enclosed Buildings: All business, service, storage, merchandise display, and where permitted repair and processing shall be conducted wholly within enclosed buildings except for off-street parking, off-street loading, and for open sales lots or outside storage where these uses are permitted , with the exception outdoor retail displays and outdoor seating in compliance with the following conditions: 24 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Outdoor Seating • Application form for an Outdoor Seating Permit shall be submitted which identifies business name, address, PIN, zoning designation, name/address/phone/fax/email of applicant and property owner; • A dimensioned site plan indicating the number and location of the tables (including table measurements), chairs, trash receptacles and any other related elements; • A separate "Waiver of Liability" form signed by the business owner, and in the case of leased property, the property owner for outside seating on public property, or alternatively a "Waiver of Liability" provision shall be included on the Outdoor Seating Permit Application; • Once an Outdoor Seating Permit is issued, it shall remain active until such time as the requesting business ceases to exist. In other words, it does not have to be renewed annually. The Outdoor Seating Permit shall include a statement that authorizes the City to revoke the permit if any of the established conditions are not met; • Establishments with existing outdoor seating and/or with an existing conditional use permit which addresses outdoor seating, service of food and/or alcohol, outdoor preparation of food and/or live entertainment and/or dancing may be permitted to continue to exist however any changes proposed by any of those establishments in the future will require submittal of an Outdoor Seating Permit application as defined herein and all conditions included herein shall be met which may include a variance and/or amendment to an existing ordinance if applicable; • Approved ingress and egress to and from a building must be maintained as required by the City currently adopted building code; • Preparation and service of food outside is prohibited; • Service and consumption of alcohol outside is prohibited; • Outdoor seating must be located on a hard surface such as asphalt, concrete, brick or wood; • Outdoor seating is prohibited within a required landscape island or area; • Outdoor seating located adjacent to a vehicular parking area or driving aisle shall be separated by a physical barrier (fence, gate, landscape planter, etc.); 25 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • A $25 permit fee shall be required for any establishment seeking an Outdoor Seating Permit in accordance with the recommended provisions included herein; • An inspection shall be required following Outdoor Seating Permit review and prior to use of outdoor seating; • Sidewalks shall not be reduced to a clear usable width of less than 48-inches; • Pedestrian and motor vehicle vision clearance must not be blocked at intersections, driveways, doors and signage. This includes the use of appurtenances (umbrellas, etc.); • Tables, chairs and other related items utilized in conjunction with an outdoor seating area shall be appropriately secured in the case of high winds; • Operation of outdoor seating area is only permitted when the business for which the Outdoor Seating Permit was issued is open but in no instance prior to 7:00 am or after 10:00 pm; • Outdoor seating on public property must be removed during hours that it is not being utilized; • The use of signage, pennants, banners, flags (other than American), lighting, electric amplification or noise -making devices are prohibited; • No electrical appliances or open flame devices shall be located or utilized within the outdoor seating area however the use of "infrared -style" heaters is permitted in accordance with any applicable testing organization (UL) or other listing and in accordance with the manufacturer's specifications; • Outdoor seating on public property shall be immediately removed by the business owner any time that the City Administrator, or his/her designee, determines that a clear sidewalk is needed because of traffic, street cleaning, snow or ice removal, maintenance, utility work, crowd control, parade, emergency, or in the case of violation of any of the above conditions included in this section." 26 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 2. That the City of McHenry Zoning Ordinance Article V: Commercial district regulations is hereby amended by adding thereto and deleting therefrom the following language (highlighted). "Table 7: Permitted and Conditional Uses in Commercial Districts: Group F: Restaurants, eat -in or carry -out; delicatessens, retail bakeries, donut shops, and convenience marts with limited food preparation on premises; including restaurants with or without indoor entertainment as defined herein but not including We eAt.p.rtai„Me+��cing,�e�drive-in restaurants as defined herein; Group I: Additional Conditional Uses in C-2 and Higher -Numbered Commercial Districts: Taverns and bars with or without I;,,^ ^^+^�*^�^^^^^+ ^� �'^�^��^ indoor entertainment, as defined herein; Group K: Additional Conditional Uses in C-3 and Higher -Numbered Commercial Districts: entertainment er daRGin SECTION 3. That the City of McHenry Zoning Ordinance: Article VI: Office, Industrial, Business Park, Agriculture & Mining Overlay, and Health Care Districts is hereby amended by adding thereto and deleting therefrom the following language (highlighted): "Table 9: Permitted and Conditional Uses in Office, Industrial, Business Park and Health Care Districts: Group R: Additional Permitted Uses in O-2 District: Restaurants, eat -in or carry -out, with or without indoor b"IF IIet in�l �li��entertainment as defined herein, and including restaurants Wig, serving e-alcoholic beverages, OF restaurants that ar^ ,dr6wp-in establishments defined heFeini but not including drive-h W IV,IV in restaurants that aic �Irive-in establishments as defined herein; Group S: Additional Conditional Uses in 0-2 District: Reste{+Kants,eat -+I�eF"4g a�coi�oiic vcver-ab"-^c5 l�T-wIT vNriN�e'1-1cer�aiFl♦�l�l�t�rr�am-rC-H�g= without indoor entertainment as defined herein live entertainment. or d..anc4g; Drive-in restaurants as defined herein; 27 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Group T: Permitted Uses in I-1 Industrial District: Restaurants, eat -in or carry -out; including restaurants with or without indoor entertainment as defined herein and including restaurants serving alcoholic beverages but not including drive-in restaurants as defined herein; Group U: Conditional Uses in I-1 Industrial District: Drive-in restaurants as defined herein; Taverns and bars with or without indoor entertainment, as defined herein; Group V: Permitted Uses in a Business Park District: Restaurants, eat -in or carry -out, with or without indoor entertainment as defined herein; including restaurants serving alcoholic beverages but not including drive-in restaurants as defined herein; Group W: Conditional Uses in a Business Park District: °^�+,,,�^�+� .••;+" "••^ ^nt taiRP,^.,+ er lone,^.; Taverns and bars with or without indoor entertainment, as defined herein; Drive-in restaurants as defined herein." SECTION 4. language: Article XIX Definitions is hereby amended by adding thereto the following "Entertainment, Indoor: This may include but is not limited to the following activities: bands, music, karaoke, and other similar activities which are accessory to the principal use on the subject property and any such indoor entertainment proposed shall comply with all applicable City of McHenry rules, ordinances and regulations. This definition does not include, permit, encompass or allow any activity regulated and/or addressed in Chapter 2.50 Adult Uses in the City of McHenry Municipal Code. Additionally, it does not include, permit, encompass or allow amusement facilities, already regulated in the zoning ordinance and/or municipal code or regulated by another governmental entity, including: movie theaters, bowling alleys, pool halls, arcades, performance venues, video gaming, and indoor sporting exhibitions where such activities are the principal uses on the subject property and/or regulated by other governmental entities." SECTION 5. That the City of McHenry Municipal Code Sec. 1-12. Settlement of Offenses (A) Payments is hereby amended by adding thereto the following language: "Section: Zoning Ordinance: Offense: Article III. General District Regulations: Column A: $50; Column B: $100." SECTION 6. All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 7: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF . 2015 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: ATTEST: CITY CLERK MAYOR 29 Department of Community & 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: August 17, 2015 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Zoning Map Amendment from RS-4 High -Density Single Family Residential to C-5 Highway Commercial District and a Conditional Use Permit to allow outdoor storage in conjunction with a contractor's office on the property located at 920 N Front Street and lot immediately adjacent to the east ATT: 1. Location Maps 2. Photographs of Subject Property 3. Unapproved Planning and Zoning Commission Minutes dated July 22, 2015 4. Ordinance approving a zoning map amendment from RS-4 High -Density Single -Family Residential to C-5 Highway Commercial District for the property located at 920 N Front Street and lot immediately adjacent to the east 4. Ordinance approving a conditional use permit to allow outdoor storage in conjunction with a contractor's office for the property located at 920 N Front Street and lot immediately adjacent to the east 5. Application Packet BACKGROUND: The applicant currently operates a successful landscaping and snowplowing service business in Woodstock and is interested in moving their business to the City of McHenry, 920 N Front Street (Illinois Route 31). She has nine employees currently working for her company. There is an approximately 10,000 square -foot building which has been vacant for 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 several years. The building was formerly: Alexander Lumber and McHenry County Supply but has not been occupied recently. Researching the history of the site it appears James Street was formerly dedicated as a public right-of-way around 1989. Additionally, the zoning of the subject property was changed around 2003-2004 and a portion of the westernmost parcel was split with C-5 zoning along the west half and RS-4 zoning on the east half. The vacant parcel which is also part of this petition and to the east appears to have always maintained an RS4 or residential zoning classification prior to the comprehensive zoning update in 1985-1986 (see maps on following pages). Staff cannot find any record however of a formal zoning change on the westernmost parcel which contains the building. Therefore the westernmost parcel needs to be partially rezoned from RS-4 to C-5 and the parcel to the east needs to be completely rezoned from RS-4 to C-5 to accommodate the applicant's request. The applicant is requesting a zoning map amendment from RS-4 High -Density Single -Family Residential to C-5 Highway Commercial District and a conditional use permit to allow a contractor's office and outdoor storage of equipment and landscape material. The subject property has been unoccupied for many years and lies along a major state highway, at the northeast corner of Front Street and James Street (unimproved right-of-way). The applicant is proposing to construct an office inside the building and landscape and snow removal material will be stored outside east of the building and vehicles (five outside) and appurtenances will also be stored inside and outside of the building. The applicant is required to obtain a zoning map amendment to C-5 and a conditional use permit to allow outdoor storage in conjunction with the operation of a contractor's office. 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 2003 Zoning Map 2004 Zoning Map 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Current Zoning ANALYSIS: Staff believes the proposed land use is compatible with the surrounding land uses. This area along Front Street and on the edge of the Main Street downtown area is undergoing a transition. There are several vacant buildings in close proximity to the subject property however many new businesses have opened in the past several years and reinvestment in this area has been occurring including the following: B and B Auto constructed a new building and completed renovations to two others including one where Epic Cycle and Fitness opened - relocating from Main Street. Door Services Inc. recently completed renovations to the former Lincoln Dealership building; the McHenry Public Library completed building and site improvements a few years ago, new businesses are moving into ReMax Plaza, Maxine's relocated from Front Street to Main Street, Plum Garden expanded their business on Main Street and Principio Auto Group opened recently at the southeast corner of John Street and Front Street. This is not an exhaustive list of what changes have occurred however it provides an overview of the trend of development and snapshot of the development and redevelopment which has occurred. The proposed use is a new business, filling a building which has been vacant for many years. It's consistent with the trend of development, comprehensive plan, Main Street Sub -Area Plan and zoning ordinance. The applicant, as stated in her narrative does business with other McHenry companies including Buss Ford and Ed's Rental. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Conditional Use Permit A conditional use is required to permit outdoor storage associated with a permitted use in the C-5 zoning district. The permitted use is a contractor's office and the outdoor storage is accessory to this use. Staff's primary concerns pertaining to the request to allow outdoor storage is potential adverse impacts on neighboring residential properties as it relates to the visual appearance of the storage area, public safety and with regards to the same and the overall appearance of the building and site. However the proposed use is proposed along a state highway and there will be limited customers actually driving to the subject property, and it's the applicant's intent to improve the building overtime, as well as enhance the building and site's aesthetic appeal. Staff is recommending within 60 days of receiving a certificate of occupancy the applicant plant and complete landscape improvements to the west of the building which abuts Front Street to enhance the curb appeal of the site. The applicant also stated their intention to pain the east half of the building to improve its appearance. Loading and unloading of vehicles would occur to the east of the building. Staff will require the applicant contact the Illinois Department of Transportation (IDOT), as Front Street is a state route, and consistent with IDOT's recommendation for the property at the southeast corner of John Street and Front Street staff would anticipate IDOT will prohibit loading/unloading on Front Street and the City does prohibit this as well as it pertains to the James Street right-of- way, unless it's for a short period of time. James Street, at this location is not improved and there is no reason vehicles would utilize it other than to access the subject property. If loading/unloading does occur it cannot impede vehicular circulation or pose a safety hazard. IDOT is planning long-term for improvements to the Route 31 corridor however no formal plans have been approved. This is a very visible building and location and a use such as the one proposed fits in with the character of the area, trend of development and is an appropriate use for the building. As previously stated this building has been vacant for many years and needs to be improved on the interior and exterior and a landscape contractor is a good use of the property. This is a new business to the City of McHenry, currently growing and it's their intention to be in the City for a long time. The outdoor storage area to the east of the building is depicted on the attached site plan, and the materials to be stored are also stated (salt would also be stored in the winter). An open area exists to allow loading and unloading of landscape material. The applicant will use interlocking concrete blocks to screen the materials being stored outdoors and staff believes this is acceptable if the outdoor storage area is screened from view of the adjacent residential properties, particularly the to the north and east. Staff recommends minimal security lighting 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us be installed utilizing full cutoff fixtures so there is no light trespass or glare onto adjacent properties. Additionally, the applicant will have five pickup trucks stored to the east of the building. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval (7-0) to the City Council for a zoning map amendment from RS4 high - density single-family residential to C-5 highway commercial district on the subject property located at 920 N. Front St. and the lot immediately adjacent to the east be granted. The Planning and Zoning Commission unanimously recommended approval (7-0) to the City Council for a conditional use permit to allow an outdoor storage in conjunction with a contractor's office and any variances required to effectuate the aforementioned request on the subject property located at 920 N. Front St. and the lot immediately to the east be granted, subject to the following conditions, as amended: • All materials stored outside be kept in bins and/or locked containers; • There shall be no storage or permanent parking on the James Street right-of-way; • The property be maintained and kept in a neat and orderly appearance, including painting the roof on the east half of the building within 60 days of occupancy; • Outdoor storage area must be secured, including some type of security control/device during non -business hours or minimal security lighting; • Outdoor storage shall be enclosed and screened on three sides and not visible to the south or west or accessible to the general public and material used for screening shall be approved by City staff prior to construction; • Outdoor storage area shall not impede access or vehicular circulation and cannot occupy required customer or employee parking spaces; • Any outdoor dumpster or additional mechanical equipment shall be screened in accordance with City ordinances. • Vehicles may temporarily load or unload within the James Street right-of-way, not impeding access, and loading/loading on Front Street is prohibited; • Written approval/confirmation from IDOT shall be secured prior to the applicant receiving a certificate of occupancy; • Employee parking shall generally be to the east of the building and located within the James Street right-of-way allowing no impeding access or overnight parking; • Landscape improvements immediately west of the building shall be completed within 60 days of issuance of a certificate of occupancy; such improvements shall consist of low - growing shrubs/bushes and/or combined with planters, grasses or flower beds and approved by staff; me Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Applicant shall be required to complete all interior bung improvements required for the proposed use prior to issuance of a certificate of occupancy being issued; • Applicant shall maintain the James Street right-of-way immediately south of the building and keep free of weeds, high grass and snow and ice; applicant shall paint east half of building within 60 days of receiving a certificate of occupancy; • Light trespass to the east shall be prohibited and any after -hour security lighting shall be minimal or controlled by motion sensors. All lighting shall be shielded directly onto the lot away from Front Street, John Street, James Street and Center Street and adjacent residential to the north and east. Glare from the lighting should be minimized to the greatest extent practical, and the use of the full cut-off fixtures shall be required. If the City Council concurs with the Planning and Zoning Commission it is recommended the attached ordinances granting a zoning map amendment from RS=4 High -Density Single -Family Residential to C=5 Highway Commercial District and conditional use permit to allow outdoor storage in conjunction with a contractor's office for the property located at 920 N Front Street and lot immediately adjacent to the east be approved with the Planning and Zoning Commission's conditions as -amended. 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363,,2173 www.ci.mchenry.il.us Location Maps of Subject Property: 920 Front Street and Lot Adjacent to the East Department of Community & 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 920 N Front Street and Lot Adjacent to the East View looking east at Subject Property View looking northeast at Subject Property E Department of Community & 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 northeast at Subject Property View looking southeast at Subject Property 10 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us View looking north on Front Street 11 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry Unapproved Planning and Zoning Commission Minutes July 22, 2015 Chairman Strach called the July 22, 2015 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:35 p.m. In attendance were the following. Doherty, Bromley, Meyer, Vallez, Sobotta, Strach, and Thacker. Absent: None. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Planning and Zoning Secretary Wolf. Public Hearing: Shayla Sincere d.b.a. Sincere Landscaping File No. Z-869 920 N. Front Street Zoning Map Amendment from RS-4 High -Density Single -Family Residential to C-5 Highway Commercial District; Conditional Use Permit to allow outdoor storage in conjunction with a contractor's office; any other Variances required effectuating the aforementioned request on the Subject Property Chairman Strach called the Public Hearing to order at 820regarding File No Z- 869, an application for a zoning map amendment from 113-4 high -density single-family residential to C-5 highway commercial district and conditional use permit to allow an outdoor storage in conjunction with a contractor's office and any variances required to effectuate the aforementioned request on the subject property as submitted by Shayla Sincere d.b.a. Sincere Landscaping for the property located at 920 N. Front St., McHenry, IL, and the vacant lot immediately to the East. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on July 6, 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 Shayla and Ed Sincere 405 E. Calhoun, Woodstock, IL, 60098 who were sworn in by Chairman Strach. 12 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Shayla Sincere provided a summary of the request before the Commission at this Hearing stating she wanted to move her business to McHenry, rented space and found out afterward that she needed proper zoning for the business in the space they have occupied. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is located at 920 Front Street (Illinois Route 31) and consists of approximately 1.02 acres and is currently zoned C-5 Highway Commercial District and RS-4 High -Density Single -Family Residential containing an approxi Dimately 10,000 square foot vacant building. The applicant currently operates a successful landscaping and snowplowing service business in Woodstock and is interested in moving their business to the City of McHenry, 920 N Front Street (Illinois Route 31). She has nine employees currently working for her company. There is an approximately 10,000 square -foot building which has been vacant for several years. The building was formerly Alexander Lumber and McHenry County Supply but has not been occupied recently. Researching the history of the site it appears James Street was formerly dedicated as a public right-of-way around 1989. Additionally, the zoning of the subject property was changed around 2003-2004 and a portion of the westernmost parcel was split with C-5 zoning along the west half and RS4 zoning on the east half. The vacant parcel which is also part of this petition and to the east appears to have always maintained an RS4 or residential zoning classification prior to the comprehensive zoning update in 1985-1986. Staff cannot find any record, however, of a formal zoning change on the westernmost parcel which contains the building. Therefore the westernmost parcel needs to be partially rezoned from RS4 to C-5 and the parcel to the east needs to be completely rezoned from RS4 to C-5 to accommodate the applicant's request. The applicant is requesting a zoning map amendment from RS4 High -Density Single -Family Residential to C-5 Highway Commercial District and a conditional use permit to allow a contractor's office and outdoor storage of equipment and landscape material. The subject property has been unoccupied for many years and lies along a major state highway, at the northeast corner of Front Street and James Street (unimproved right-of-way). The applicant is proposing to construct an office inside the building and landscape and snow removal material will be stored outside east of the building and vehicles (five outside) and appurtenances will also be stored inside and outside of the building. The applicant is required 13 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us to obtain a zoning map amendment to C-5 and a conditional use permit to allow outdoor storage in conjunction with the operation of a contractor's office. Staff believes the proposed use is compatible with the surrounding land uses. This area along Front Street and on the edge of the Main Street downtown area is undergoing a transition. There are several vacant buildings in the surrounding area however many new businesses have opened in the past several years and reinvestment into this area has been occurring including: B and B Auto constructed a new building and completed renovations to two others including one where Epic Cycle and Fitness opened -relocating from Main Street. Door Services Inc. recently completed renovations to the former Lincoln Dealership building; the McHenry Public Library completed building and site improvements a few years ago, new businesses are moving into ReMax Plaza, Maxine's relocated from Front Street to Main Street, Plum Garden expanded their business on Main Street and Principio Auto Group opened recently at the southeast corner of John Street and Front Street. This is not an exhaustive list of what changes have occurred however it provides an overview of the trend of development and snapshot of the development and redevelopment which has occurred. The proposed use is a new business, filling a building which has been vacant for many years. It's consistent with the trend of development, comprehensive plan, Main Street Sub -Area Plan and zoning ordinance. The applicant does business with other McHenry companies including Buss Ford and Ed's Rental. A conditional use is required to permit outdoor storage associated with a permitted use in the C-5 zoning district. The permitted use is a contractor's office and the outdoor storage is accessory to this use. Staffs primary concerns pertaining to the request to allow outdoor storage is potential adverse impacts on neighboring residential properties as it relates to the visual appearance of the storage area, public safety and with regards to the same and the overall appearance of the building and site. However the proposed use is proposed along a state highway and there will be limited customers actually driving to the subject property, and it is the applicant's intent to improve the building overtime, as well as enhance the building and site's aesthetic appeal. Staff is recommending within 60 days of receiving a certificate of occupancy the applicant plant and complete landscape improvements to the west of the building which abuts Front Street to enhance the curb appeal of the site. Loading and unloading of vehicles would occur to the east of the building. Staff will require the applicant contact the Illinois Department of Transportation (IDOT), as Front Street is a state route, and consistent with IDOT's recommendation for the property at the southeast corner of John Street and Front Street staff would anticipate IDOT will prohibit loading/unloading on Front Street and the City does prohibit this as well as it pertains to the James Street right-of- Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us way, unless it's for a short period of time. James Street, at this location is not improved and there is no reason vehicles would utilize it other than to access the subject property. If loading/unloading does occur it cannot impede vehicular circulation or pose a safety hazard. This is a very visible building and location and a use such as the one proposed fits in with the character of the area, trend of development and is an appropriate use for the building. As previously stated this building has been vacant for many years and needs to be improved on the interior and exterior and a landscape contractor is a good use of the property. This is a new business to the City of McHenry, currently growing, and it is their intention to be in the City for a long time. The outdoor storage area to the east of the building is depicted on the site plan, and the materials to be stored are also stated (salt would also be stored in the winter). An open area facing north exists to allow loading and unloading of landscape material. Staff would recommend the outdoor storage area be flipped so the open area faces south and the areas to the north and east, which are residentially -zoned be totally screened. The applicant will use interlocking concrete blocks to screen the materials being stored outdoors and staff believes this is acceptable if the outdoor storage area is screened from view of the adjacent residential properties, particularly to the north and east. Staff also recommends minimal security lighting be installed utilizing full cutoff fixtures so there is no light trespass or glare onto adjacent properties. Additionally, the applicant will have five pickup trucks stored to the east of the building. Staff recommends approval of a Zoning Map Amendment from RS-4 High -Density Single —Family Residential to C-5 Highway Commercial District and finds all criteria of Table 33 in the zoning ordinance have been satisfied. Staff also recommends approval of a Conditional Use Permit to allow outdoor storage in conjunction with a contractor's office subject to the following conditions: • All materials stored outside be kept in bins and/or locked containers; • There shall be no storage or permanent parking on the James Street right-of-way; • The property be maintained and kept in a neat and orderly appearance; • Outdoor storage area must be secured, including some type of security control/device during non -business hours or minimal security lighting; • Outdoor storage shall be enclosed and screened on three sides and not visible to the north or east or accessible to the general public and material used for screening shall be approved by City staff prior to construction; 15 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Outdoor storage area shall not impede access or vehicular circulation and cannot occupy required customer or employee parking spaces; • Any outdoor dumpster or additional mechanical equipment shall be screened in accordance with City ordinances. • Vehicles may temporarily load or unload within the James Street right-of-way but loading/loading on Front Street is prohibited; • Written approval/confirmation from IDOT shall be secured prior to the applicant receiving a certificate of occupancy; • Employee parking shall generally be to the east of the building and not located within the James Street right-of-way; • Landscape improvements immediately west of the building shall be completed within 60 days of issuance of a certificate of occupancy; such improvements shall consist of low - growing shrubs/bushes and/or combined with planters, grasses or flower beds and approved by staff; • Applicant shall be required to complete all interior building improvements required for the proposed use prior to issuance of a certificate of occupancy being issued; • Applicant shall maintain the James Street right-of-way immediately south of the building and keep free of weeds, high grass and snow and ice; • Light trespass to the east shall be prohibited and any after -hour security lighting shall be minimal or controlled by motion sensors. All lighting shall be shielded directly onto the lot away from Front Street, John Street, James Street and Center Street and adjacent residential to the north and east. Glare from the lighting should be minimized to the greatest extent practical, and the use of the full cut-off fixtures shall be required. Upon compliance with all conditions listed staff finds all criteria in Table 31 of the zoning ordinance have been satisfied. Mr. Ed Sincere stated the applicants are concerned with security for the storage area to the south, inquiring if they could gate and fence it. Director of Economic Development Martin replied they could secure it with gate and fence. Chairman Strach invited questions and/or comments from the Commission. Commissioner Bromley opined keeping the storage area out of view and fenced is a good idea. Commissioner Doherty inquired what would be visible on the property from northbound drivers on Route 31. Mr. Sincere stated he would like to conceal the area with concrete blocks forming a concrete wall and would propose a swinging gate that would lock. Discussion ensued regarding having an obstructed view of the supplies behind the building. Commissioner Meyer asked Director of Economic Development Martin whether the city ever considered vacating James St. Director of Economic Development Martin stated it was Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us considered years ago but could be addressed again if necessary. Mr. Martin added to the discussion regarding supplies stored outside the building that the height of the materials should not exceed the height of the barrier wall. Commissioner Sobotta asked if all nine employees will work in the front office and if all storage would be in back, he also inquired where customers and employees would park. Mrs. Shayla Sincere stated not all nine employees work in the office and they actually only have a few on - site employees. Director of Economic Development Martin stated parking is available on James Street in the right of way and signage could be added that no overnight parking is allowed. Directional signage could be used for parking as well. Commissioner Sobotta inquired if fuel storage is a possibility in future. Mrs. Sincere stated it is not. Commissioner Doherty inquired if other beautification efforts would be done. Mr. Sincere stated they would love to get started painting the roof and repairing windows as soon as possible. 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 8:30 p.m. Motion by Bromley, seconded by Doherty, to recommend to the City Council with regard to File No. Z-869, an application for a zoning map amendment from R3-4 high -density single-family residential to C-5 highway commercial district on the subject property located at 920 N. Front St. and the lot immediately to the east in McHenry, IL as presented by the applicant, be granted, and that Table 33, of the Zoning Ordinance, has been met. Voting Ave: Bromley, Doherty, Meyer, Vallez, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Motion by Sobotta, seconded by Meyer, to recommend to the City Council with regard to File No. Z-869, an application for a conditional use permit to allow an outdoor storage in conjunction with a contractor's office and any variances required to effectuate the 17 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us aforementioned request on the subject property located at 920 N. Front St. and the lot immediately to the east in McHenry, IL as presented by the applicant, be granted, subject to the following conditions, as amended: • All materials stored outside be kept in bins and/or locked containers; • There shall be no storage or permanent parking on the James Street right-of-way; • The property be maintained and kept in a neat and orderly appearance, including painting the roof on the east half of the building within 60 days of occupancy; • Outdoor storage area must be secured, including some type of security control/device during non -business hours or minimal security lighting; • Outdoor storage shall be enclosed and screened on three sides and not visible to the south or west or accessible to the general public and material used for screening shall be approved by City staff prior to construction; • Outdoor storage area shall not impede access or vehicular circulation and cannot occupy required customer or employee parking spaces; • Any outdoor dumpster or additional mechanical equipment shall be screened in accordance with City ordinances. • Vehicles may temporarily load or unload within the James Street right-of-way and loading/loading on Front Street is prohibited; • Written approval/confirmation from IDOT shall be secured prior to the applicant receiving a certificate of occupancy; • Employee parking shall generally be to the east of the building and located within the James Street right-of-way allowing no impeding access or overnight parking; • Landscape improvements immediately west of the building shall be completed within 60 days of issuance of a certificate of occupancy; such improvements shall consist of low - growing shrubs/bushes and/or combined with planters, grasses or flower beds and approved by staff; • Applicant shall be required to complete all interior building improvements required for the proposed use prior to issuance of a certificate of occupancy being issued; • Applicant shall maintain the James Street right-of-way immediately south of the building and keep free of weeds and high grass and snow and ice; • Light trespass to the east shall be prohibited and any after -hour security lighting shall be minimal or controlled by motion sensors. All lighting shall be shielded directly onto the lot away from Front Street, John Street, James Street and Center Street and adjacent residential to the north and east. Glare from the lighting should be minimized to the greatest extent practical, and the use of the full cut-off fixtures shall be required. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us And upon compliance with all conditions listed, find all criteria in Table 31 of the zoning ordinance have been satisfied. Voting Aye: Bromley, Doherty, Meyer, Vallez, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the Public Hearing regarding File No. Z-862 at 8:35 p.m. Respectfully submitted, Dorothy M. Wolf, Planning &Zoning Secretary, City of McHenry Department of Community & 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 ZONING MAP AMENDMENT TO C-5 HIGHWAY COMMERCIAL DISTRICT FOR THE PROPERTY LOCATED AT 920 N FRONT STREET AND LOT IMMEDIATELY ADJACENT TO THE EAST 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 Shayla Sincere d.b.a. Sincere Landscaping, 405 E. Calhoun, Woodstock, IL, 60098, requesting a Zoning Map Amendment to C- 5 Highway Commercial District) for the property located at 920 N Front Street and lot immediately adjacent to the east and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on July 22, 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 Zoning Map Amendment; 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 Zoning Map Amendment 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 Zoning Map Amendment to C-5 Highway Commercial District. SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the requirements of Table 33 of the Zoning Ordinance have been met in that: 1. The requested zoning classification is compatible with the existing uses and zoning of property in the environs; 20 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 2. The requested zoning classification is supported by the trend of development in the general area; 3. The requested zoning classification is consistent with the objectives of the City of McHenry Comprehensive Plan; and 4. The requested classification promotes the public interest. 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: ABSENT: NOT VOTING: APPROVED THIS DAY OF ATTEST: 21 MAYOR 2015 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 Exhibit A Legal Description of the Subject Property 22 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 15- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN CONJUNCTION WITH A CONTRACTOR'S OFFICE ON THE PROPERTY LOCATED AT 920 N FRONT STREET AND LOT IMMEDIATELY ADJACENT TO THE EAST 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 Shayla Sincere d.b.a. Sincere Landscaping, 405 E. Calhoun, Woodstock, IL, 60098, requesting a Conditional Use Permit to aHow outdoor storage in conjunction with a contractor's office on the property located at 920 N Front Street and lot immediately adjacent to the east and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on July 22, 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, ILLINOISI AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY is hereby granted a Conditional Use Permit to aHow the outdoor storage in conjunction with a contractor's office subject to the following conditions: • All materials stored outside be kept in bins and/or locked containers; • There shall be no storage or permanent parking on the James Street right-of-way; • The property be maintained and kept in a neat and orderly appearance, including painting the roof on the east half of the building within 60 days of occupancy; 23 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Outdoor storage area must be secured, including some type of security control/device during non -business hours -or minimal security lighting; • Outdoor storage shall be enclosed and screened on three sides and not visible to the south or west or accessible to the general public and material used for screening shall be approved by City staff prior to construction; • Outdoor storage area shall not impede access or vehicular circulation and cannot occupy required customer or employee parking spaces; • Any outdoor dumpster or additional mechanical equipment shall be screened in accordance with City ordinances. • Vehicles may temporarily load or unload within the James Street right-of-way, not impeding access, and loading/loading on Front Street is prohibited; • Written approval/confirmation from IDOT shall be secured prior to the applicant receiving a certificate of occupancy; • Employee parking shall generally be to the east of the building and located within the James Street right-of-way allowing no impeding access or overnight parking; • Landscape improvements immediately west of the building shall be completed within 60 days of issuance of a certificate of occupancy; such improvements shall consist of low - growing shrubs/bushes and/or combined with planters, grasses or flower beds and approved by staff; • Applicant shall be required to complete all interior building improvements required for the proposed use prior to issuance of a certificate of occupancy being issued; • Applicant shall maintain the James Street right-of-way immediately south of the building and keep free of weeds, high grass and snow and ice; applicant shall paint east half of building within 60 days of receiving a certificate of occupancy; • Light trespass to the east shall be prohibited and any after -hour security lighting shall be minimal or controlled by motion sensors. All lighting shall be shielded directly onto the lot away from Front Street, John Street, James Street and Center Street and adjacent residential to the north and east. Glare from the lighting should be minimized to the greatest extent practical, and the use of the full cut-off fixtures shall be required. 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 24 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 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; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed LULhe extent of such conflict. SECTION 4: This Ordinance .shall be published in pamphlet form by and under the authority of the corporate authores of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approvalI and publication in pamphlet form as provided bylaw. PASSED THIS DAY OF , 2015 AYES: NAYS: ABSTAINED: 25 Department of Community & Economic Development McHenry Municipal Center ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2015 MAYOR ATTEST: 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 File Number 2.469 Narrative Planning and Zoning Commission City of McHenry 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Purpose: Rezoning and conditional permit for outdoor storage of landscaping materials and products. Sincere Landscaping is a new company looking to make McHenry there home. As of now we do a lot of our business in the area. Buss Ford Maintains and services our vehicles. We rent equipment from Ed's Rental and found a lot of shops in the area to buy our other needs from. Sincere Landscaping plans to grow in the area. We hope to build a name for our self -hear and offer the area great landscape service and maintenance. In the future offer to sales to the community shrubs, flowers and mulch to list a few things. The property will be maintained weekly and with a few plantings in front will give it a nice lived in feel and match the rest of the area. Materials for storage could include dirt, rock, sand, winter salt, vehicle trailers, etc. Screening will be large interlocking cement wall blocks that will make the proposed bins and screen the area. File Number Z-869 PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 1. Name of Applicant Shayla Sincere, d.b.a. Sincere Landscaping Tel 815-482-2209 Address 405 E. Calhoun City Woodstock State IL Zip 60098 Fax 2. Name of Property Owner Rubino LLC Tel 815-385-6770 (If other than Applicant) Address 1412 W. Lincoln Rd City McHenry State IL 3. Name of Engineer (If represented) Address City 4. Name of Attorney (If represented) Address State Zip 60051-3022 Zip Fax 815-385-677 5. Common Address or Location of Property 920 N. Front St., McHenry, IL 60050 6. Requested Action(s) (check all that apply) X Zoning Map Amendment (Rezoning) Zoning Variance —Minor X Conditional Use Permit Zoning Variance Other Zoning Text Amendment Use Variance *Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of a single-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORM A 7. Current Use of Property Vacant Page 1 of 3 8. Current Zoning Classification of Property, Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: C-5 / RS-4 (Auto Sales /Residential) South: C-5 (James St. right of way /Roller Rink) East: RS4 (Residential) West: C-5 (B&B Auto /Residential) • Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee (amount) $ 950 X 2. Narrative Description of Request X 3, FORM A — Public Hearing Application X 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) X 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORM A 11. Disclosure of Iiterest Page 2 of 3 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 A 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 Applicant(s) FORM A Page 3 of 3 FORM B File Number Z-869 ZONING MAP AMENDMENT (REZONING) Planning and Zoning Commission City of McHenry 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 33 of the City of McHenry Zoning Ordinance provides that in recommending approval of a Zoning Map Amendment (Rezoning), the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Compatible with Use or Zoning of Environs The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs. Outside storage of landscaping materials and products. 2. Supported by Trend of Development The trend of development in the general area since the original zoning of the affected property was established supports the proposed use(s) or zoning classification. Rezoning of property will allow business owner to store materials and products outdoors' all outdoor storage will be screened and covered. 3. Consistent with Comprehensive Plan Objectives The proposed uses) or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. 4. Furthers Public Interest The proposed use(s) or zoning classification promotes the public interest and not solely the interest of the applicant. FORM B Page 1 of 1 FORM C File Number Z-869 CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. Minimal traffic will flow to and from property. 2. Environmental Nuisance Any adverse effects of noise, glare odor dust, waste disposal blockage of light or air or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. No adverse environmental nusances beyond permitted zoning use is anticipated. 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. A11 outdoor storage will have natural or man-made character to blend with the surrounding 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 sproportionate to that normally expected of permitted uses i din the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. No need for community facilities or services. 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. The outdoor storage will not be detrimental to the safety or health of the employees patrons, or visitors of this property 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The outdoor storage use will be compatible to Lite Conditional Use at this property. 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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: August 17, 2015 T0: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: HR Green, Inc. bid tabulation, bid recommendation and consideration of a Notice of Intent to Award, Notice of Award Bid, and Notice to Proceed to William Brothers Construction, Inc. in the amount of $30,180,000.00 ATT: HR Green, Inc. Bid Recommendation Letter Notice of Intent to Award Notice of Award Construction Agreement with Williams Brothers Construction, Inc. Notice to Proceed 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". Due to the specialization of the forcemain portion of the project, this was bid as a separate project, with A documents being available and due at the same time as the other components of the project. Bid documents were made available on June 5, 2015 with a due date of July 24, 2015. The engineer's opinion of probable cost for the decommissioning/consolidation (less the forcemain) was $25,200,000. An agenda item regarding the forcemain project follows this agenda item. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. The following sealed bids for the Wastewater Treatment Facility Consolidation were received on July 24, 2015: • Williams Brothers Construction Inc. • JJ Henderson • McHugh • George Sollit • Walsh ANALYSIS: $30,180,000.00 $3016741000.00 $3113931150.38 $3219891000.00 $351800,000.00 HR Green, Inc. has analyzed and checked the bids for accuracy and recommends awarding the contract to Williams Brothers Construction Inc. in the amount of $30,180,000.00. With the state of the current market values for materials and the very busy bidding environment, HR Green, Inc. does not feel that there are any major adjustments that can be made to the project. Per State Revolving Fund (SRF) loan project requirements, the City must issued a "Notice of Intent to Award" (NOIA) to Williams Brothers Construction Inc. The bid documents are forwarded to the Illinois Environmental Protection Agency (IEPA) to be reviewed for SRF conformance. HR Green Inc. and staff is also recommending bid award contingent on the review and approval of the Illinois Environmental Protection Agency. As identified, the low bid amount is $4,980,000 higher than the opinion of probable cost. To account for this, HR Green, Inc. has identified that bids were significantly higher than the opinion of probable cost in a couple of areas. Specifically, the cost of concrete came in approximately 51,835,200 higher than the anticipated, and the cost of earthwork (excavation, trenching, dewatering) came in approximately $1,469,600 higher than anticipated. These two areas, combined, account for just over $3.3 million of the $4.98 identified above. However, as outlined in HR Green's letter of recommendation for the project, the difference in bid amounts, especially the first two, are closely grouped. RECOMMENDATION: Therefore, if Council concurs, it is recommended that motion to accept and authorize the mayor to sign the Notice of Intent to accept the bid of and award a construction contract for the McHenry Sanitary Wastewater Treatment Facility Consolidation Project to Williams Brothers Construction, Inc. in the amount of $30,180,000 subject to IEPA approval, and to authorize the mayor to sign, after IEPA approval, the construction contract itself, Notice of Award, Notice to Proceed and any other documents necessary to implement the terms of the construction contract. The City of McHenry is dedicated to providing the citizehs, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. HHGreen August 6, 2015 Mr. Jon Schmitt Director of Public Works City of McHenry 333 South Green Street McHenry, Illinois 60050 RE: McHenry Waste Water Treatment Facility Consolidation Recommendation for Intent to Award HR Green Job No.: 86130341.03 Dear Mr. Schmitt: On July 24, 2015, the City of McHenry (City) received five (5) bid proposals for the construction of the "McHenry Wastewater Treatment Facility Consolidation". The bids ranged in price from $30,180,000,00 from Williams Brothers Construction Inc. (WBCI) to $35,800,000.00 from Walsh Brothers. While this is a considerable spread, it should be noted that the next two (2) low bidders, JJ Henderson ($30,674,000.00) and McHugh ($31,393,150.00), were considerably closer. The relatively small (2%) spread in costs between the three low bidders indicates that the bids received are reasonable representing a real project cost in today's bidding environment. Based upon HR Green, Inc.'s (HR Green) review of the received bid documents, and the state of current market values for materials and the very busy bidding environment, we do not feel that there are any major adjustments that can be made to the project, nor a better time to re -bid the project that would result in a lower bid price. Based on this review and the current timeline that is in place for the City to meet the IEPA's deadlines for the current year's SRF Loan program, we recommend that the City issue a Notice of Intent to Award (NOIA) the construction of the subject project to WBCI for $3011801000.00. WBCI has completed projects of this size and complexity and we believe are qualified to complete the subject project. Should the City decide to issue the NOIA to WBCI, their submitted bid documents will be forwarded to the IEPA for the Agency's review for conformance with SRF loan project requirements. Once this review by IEPA is completed, the City will be able to move forward with the project. If you have any questions, please call. Sincerely, HR GREEN, INC. la J. Chad J. Pieper, P.E. City Engineer cc: Mr. Russell Ruzicka, City of McHenry Mr. Derik Morefield, City of McHenry Mr. Ravi Jayaraman, P.E., HR Green, Inc tirgmhnas:\\0:186130341\Construction\Corr\Itr-060615-RecomendationForintenttoAward-Treatment Plant Consolidation.docx HRGreen.com Phone 815.385.1778 Fvc 815.385.1781 Toll R ee 800.728.7805 420 North Front Street, Suite 100, McHenl-y, Illinois 60050 BID OPENING Bid Tabulation HRGreen Project Name: City of McHenry Wastewater Treatment Facility Consolidation Project Job Number: 86130341 Date: July 24, 2015 Time: 10:00 am Location: McHenry Public Works, 1415 Industrial Drive Company Name (Please Print) Attend Pre -bid Meeting ( /n) Bid Bond (y/n) Addenda (y/n) Bid Total $25,20000.00 HR Green OPC JJ Henderson Y Y Y $30,674,000.00 McHugh Y Y Y $3113939150.38 George Sollitt Y Y Y $32,9891000.00 Walsh Y Y Y $35,80000.00 Williams Bros.* Y Y Y $30,180,000.00 * Low Bidder. SECTION 00500 NOTICE OF INTENT TO AWARD TO: Williams Brothers Construction Inc. P.O. Box 1366 Peoria, IL 61654 The Work for the said improvement, Wastewater Treatment Facility Consolidation for the City of McHenry, as required by the Contract Documents, includes furnishing all labor, materials, and equipment and performing all Work necessary to provide fully functional systems integrated with proposed and existing systems, generally described as follows: • Structure 20 —Central Regional Pump Station o One floor structure with sump. o Mechanical screening equipment. o Four submersible pumps. o Odor control. o Gas monitoring. o Flow measurement. o Associated electrical equipment. o HVAC and plumbing. o Painting. • Structure 30 — South Plant Raw Pump Station o Three submersible raw water pumps. o Flow measurement. o Associated electrical equipment. o HVAC and plumbing improvements. o Two submersible drain return pumps. • Structure 40 — South Plant High Rate Secondary Treatment o One floor structure. o Sequencing Batch Reactor treatment (tanks, aeration/mixing, pumping and monitoring). o High rate clarification. o Chemical feed tanks and equipment. o Associated electrical equipment. o HVAC and plumbing. o Painting. • Structure 50 — South Plant Tertiary Treatment Building o One floor structure. o Disk filters. o UV disinfection equipment (vertical oriented in channel). o Backwash and drain pumps. o Blowers and aerators. o Associated electrical equipment. o HVAC and plumbing. o Painting. • Structure 60 — South Plant Solids Drying Building o Dewatered sludge hopper. o Dried sludge storage hopper. o Dewatered sludge conveyor NOTICE OF INTENT TO AWARD 00500 - 1 o Thermal Fluid Heater equipment. o Indirect Heat Sludge Dryer o Dried sludge handling equipment. o Associated electrical equipment. o HVAC and plumbing improvements. • Structure 65 — South Plant Aerobic Digester Covers o Prefabricated aluminum cover. o Air piping. • Structure 70 — South Plant Microscreen Building o Microscreening equipment. o Screenings handling equipment. o Electrical room. o Associated electrical equipment. o HVAC and plumbing. o Painting. • Structure 75 — South Plant SBR Feed Pump Station o Three submersible pumps. o Wet well. o Valve vault with sump. • Standby Power: o Standby Generator and Switch Gear. • General Site Work: o Demolition of various structures or portions of structures to accommodate new construction. o Subsurface pipe including but not limited to sanitary, water and storm. o Construction/restoration of bituminous pavement. o Site electrical work o Site natural gas piping o Landscaping. o Grading. NOTICE OF INTENT TO AWARD 00500 - 2 The Owner has considered the Bid submitted by you for the above -described Work. You are hereby noed that your Bid will be accepted, contingent upon Illinois Environmental Protection Agency (IEPA) approval, for items in the amount of THIRTY MILLION ONE HUNDRED EIGHTY THOUSAND DOLLARS, ($3011801000.00). You will be required by the Instruction to Bidders to execute the Agreement and furnish the required Contractor's Performance and Maintenance Bond, Payment Bond and Certificates of Insurance within fifteen (15) calendar days from the date of the final Notice to be sent upon IEPA approval, to you. If you fail to execute said Agreement and to furnish said Bonds within fifteen (15) calendar days after the contract is mailed, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF INTENT TO AWARD to the Owner. Dated this 17 day of AUGUST, 2015. City of McHenry Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by: CONTRACTOR. this the day of , 2015. 02 President END OF SECTION 00500 NOTICE OF INTENT TO AWARD 00500 - 3 SECTION 00510 NOTICE OF AWARD TO: Williams Brothers Construction, Inc. P.O. Box 1366 Peoria, IL 61654 The Work for the said improvement, Wastewater Treatment Facility Consolidation for the City of McHenry, as required by the Contract Documents, includes furnishing all labor, materials, and equipment and performing all Work necessary to provide fully functional systems integrated with proposed and existing systems, generally described as follows: • Structure 20 —Central Regional Pump Station o One floor structure with sump. o Mechanical screening equipment. o Four submersible pumps. o Odor control. o Gas monitoring. o Flow measurement. o Associated electrical equipment. o HVAC and plumbing. o Painting. • Structure 30 — South Plant Raw Pump Station o Three submersible raw water pumps. o Flow measurement. o Associated electrical equipment. o HVAC and plumbing improvements. o Two submersible drain return pumps. • Structure 40 — South Plant High Rate Secondary Treatment o One floor structure. o Sequencing Batch Reactor treatment (tanks, aeration/mixing, pumping and monitoring). o High rate clarification. o Chemical feed tanks and equipment. o Associated electrical equipment. o HVAC and plumbing. o Painting. • Structure 50 — South Plant Tertiary Treatment Building o One floor structure. o Disk filters. o UV disinfection equipment (vertical oriented in channel). o Backwash and drain pumps. o Blowers and aerators. o Associated electrical equipment. o HVAC and plumbing. o Painting. • Structure 60 — South Plant Solids Drying Building NOTICE OF AWARD 00510 - 1 o Dewatered sludge hopper. o Dried sludge storage hopper. o Dewatered sludge conveyor o Thermal Fluid Heater equipment. o Indirect Heat Sludge Dryer o Dried sludge handling equipment. o Associated electrical equipment. o HVAC and plumbing improvements. • Structure 65 — South Plant Aerobic Digester Covers o Prefabricated aluminum cover. o Air piping. • Structure 70 — South Plant Microscreen Building o Microscreening equipment. o Screenings handling equipment. o Electrical room. o Associated electrical equipment. o HVAC and plumbing. o Painting. • Structure 75 — South Plant SBR Feed Pump Station o Three submersible pumps. o Wet well o Valve vault with sump. • Standby Power: o Standby Generator and Switch Gear. • General Site Work: o Demolition of various structures or portions of structures to accommodate new construction. o Subsurface pipe including but not limited to sanitary, water and storm. o Construction/restoration of bituminous pavement. o Site electrical work o Site natural gas piping o Landscaping. o Grading. The Owner has considered the Bid submitted by you for the above -described Work. You are hereby notified that your Bid has been accepted for items in the amount of THIRTY MILLION ONE HUNDRED EIGHTY THOUSAND DOLLARS, ($30,180,000.00). You are required by the Instruction to Bidders to execute the Agreement and furnish the required Contractor's Performance and Maintenance Bond, Payment Bond and Certificates of Insurance within fifteen (15) calendar days after contract is mailed to the bidder. If you fail to execute said Agreement and to furnish said Bonds within fifteen (15) calendar days after the contract is mailed, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. NOTICE OF AWARD 00510 - 2 You are required to return an acknowledged copy of this NOTICE OF AWARD to the Owner. Dated this day of , 2015. City of McHenry I� Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by: Williams Brothers Construction, Inc. this the day of , 2015. END OF SECTION 00510 NOTICE OF AWARD 00510 - 3 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of , 2015, by and between the City of McHenry (hereafter called Owner) and Williams Brothers Construction, Inc. (hereafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. Contractor shall complete all Work as specified or indicated under the Contract Documents entitled Wastewater Treatment Facility Consolidation generally described as follows: • Structure 20 —Central Regional Pump Station o One floor structure with sump. o Mechanical screening equipment. o Four submersible pumps. o Odor control. o Gas monitoring. o Flow measurement. o Associated electrical equipment. o HVAC and plumbing. o Painting. • Structure 30 — South Plant Raw Pump Station o Three submersible raw water pumps. o Flow measurement. o Associated electrical equipment. o HVAC and plumbing improvements. o Two submersible drain return pumps. • Structure 40 —South Plant High Rate Secondary Treatment o One floor structure. o Sequencing Batch Reactor treatment (tanks, aeration/mixing, pumping and monitoring). o High rate clarification. o Chemical feed tanks and equipment. o Associated electrical equipment. o HVAC and plumbing. o Painting. • Structure 50 — South Plant Tertiary Treatment Building o One floor structure. o Disk filters. o UV disinfection equipment (vertical oriented in channel). o Backwash and drain pumps. o Blowers and aerators. o Associated electrical equipment. o HVAC and plumbing. o Painting. • Structure 60 — South Plant Solids Drying Building AGREEMENT 00520 - 1 o Dewatered sludge hopper. o Dried sludge storage hopper. o Dewatered sludge conveyor o Thermal Fluid Heater equipment. o Indirect Heat Sludge Dryer o Dried sludge handling equipment. o Associated electrical equipment. o HVAC and plumbing improvements. • Structure 65 — South Plant Aerobic Digester Covers o Prefabricated aluminum cover. o Air piping. • Structure 70 — South Plant Microscreen Building o Microscreening equipment. o Screenings handling equipment. o Electrical room. o Associated electrical equipment. o HVAC and plumbing. o Painting. • Structure 75 — South Plant SBR Feed Pump Station o Three submersible pumps. o Wet well. o Valve vault with sump. • Standby Power: o Standby Generator and Switch Gear. • General Site Work: o Demolition of various structures or portions of structures to accommodate new construction. o Subsurface pipe including but not limited to sanitary, water and storm. o Construction/restoration of bituminous pavement. o Site electrical work o Site natural gas piping o Landscaping. o Grading. ARTICLE 2. CONTRACT TIMES. All time limits for Milestones, if any, Substantial Completion, and completion for readiness for final payment as stated in the Contract Documents are of the essence of the Contract. Work shall be commenced upon written Notice to Proceed to be issued on or before Subject to any extension of time, which may be granted by the OWNER, the work will be substantially complete by and completed and ready for final payment in accordance with Paragraph 14.07 of the General conditions by The Contractor shall complete Task 1 Intermediate Milestone within 60 calendar days after the delivery of the process equipment or 180 days after written Notice to Proceed to be issued on or before which consists of the following: • Complete Structure 70 electrical room addition including structural and electrical feed for one Microscreen/Shaftless Screw Conveyor. AGREEMENT 00520 - 2 • Install one Microscreen/Shaftless Screw Conveyor including electrical and process piping for a working system. ARTICLE 3. LIQUIDATED DAMAGES. Contractor and Owner recognize that time is of the essence as stated in Article 2 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Article 2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1,500.00 for each day that expires after the time specified in Article 2 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract time or any proper extension thereof granted by Owner, Contractor shall Pay Owner $500.00 for each day that expires after the time specified in Article 2 above for completion and readiness for final payment until Work is completed and ready for final payment. Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500.00 for each day that expires after the time specified in Article 2 above for completing Task 1 until the Work is complete. ARTICLE 4. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work pursuant to the Contractor's Bid Form and in accordance with the Contract Documents in current funds as follows: THIRTY MILLION ONE HUNDRED EIGHTY THOUSAND DOLLARS, ($3011801000.00). ARTICLE 5. PAYMENT PROCEDURES. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. ARTICLE 6. ASSIGNMENT. No assignment by a party her of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Owner and contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal AGREEMENT 00520 - 3 representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. ARTICLE 7. CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire contract between Owner and Contractor concerning the Work, consist of this Agreement; Performance and Maintenance Bond and Payment Bond; Notice to Proceed; General Conditions; Supplemental Conditions; and Drawings and Specifications, Contractor's Bid Form, and all written amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions, which may be fully executed after the effective date of the Agreement, for the said project. ARTICLE 8. AUDIT, ACCESS TO RECORDS. The contractor shall maintain books, records, documents and other evidence directly pertinent to performance on loan work in accordance with Generally Accepted Accounting Principles. The contractor shall also maintain the financial information and data used by the contractor in the preparation or support of any cost submissions required under subsection (c) (Negotiation of Contract Amendments (Change Orders)) and a copy of the cost summary submitted to the owner. The Illinois Auditor General, the owner, the Agency, or any of their authorized representatives shall have access to the books, records, documents, and other evidence for purposes of inspection, audit, and copying. The contractor shall provide facilities for access and inspection. For a formally advertised, competitively awarded, fixed price contract, the contractor shall include access to records as specified in subsection (d)(1)(A) for all negotiated change orders and contract amendments in excess of $25,000 that affect the contract price. In the case of all other prime contracts, the contractor shall agree to include access to records as specified above in all his or her contracts and all tier subcontracts or change orders in excess of $25,000 that are directly related to project performance. Audits shall be in accordance with auditing standards generally accepted in the United States of America. The contractor shall agree to the disclosure of all information and reports resulting from access to records pursuant to subsection (d)(1)(A). Where the audit concerns the contractor, the auditing agency shall afford the contractor 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. The records required by subsection (d)(1)(A) shall be maintained and made available during performance of the work under the loan agreement and for 3 years after the date of final loan audit. In addition, records that relate to any dispute or litigation or the settlement of claims arising out of any performance, costs or items to which an audit exception has been taken, shall be maintained and made available for 3 years after resolution of the dispute, appeal, litigation, claim, or exception. The right of access will generally be exercised with respect to financial records under: AGREEMENT 00520 - 4 i) Negotiated prime contracts; Negotiated change orders or contract amendments in excess of $25,000 affecting the price of any formally advertised, competitively awarded, fixed price contract; and iii) Subcontracts or purchase orders under any contract other than a formally advertised, competitively awarded, fixed price contract. The right of access will generally not be exercised with respect to a prime contract, subcontract, or purchase order awarded after effective price competition. In any event, the right of access shall be exercised under any type of contract or subcontract: i) With respect to records pertaining directly to contract performance, excluding any financial records of the contractor; and If there is any indication that fraud, gross abuse, or corrupt practices may be involved in the award or performance of the contract or subcontract. ARTICLE 9. COVENANT AGAINST CONTINGENT FEES. The contractor shall warrant that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the owner shall have the right to annul the contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE 10. WAGE PROVISIONS The contractor shall pay prevailing wages in accordance with the Davis -Bacon Act (40 USC 276a through 276a-5) as defined by the U.S. Department of Labor. ARTICLE 11. DISADVANTAGED BUSINESS ENTEPRISE REQUIREMENTS. The contractor shall provide evidence, including, but not limited to, a copy of the advertisement or advertisements and the record of negotiation, that the contractor has taken affirmative steps in accordance with 40 CFR 33 to assure that disadvantaged business enterprises are used when possible as sources of supplies, equipment, construction and services consistent with the provisions of the Agency's Operating Agreement with USEPA. City of McHenry AGREEMENT 00520 - 5 IN WITNESS WHEREOF, owner and contractor have caused this Agreement to be executed the day and year first above written. City %J McHenry Attest: Attest: Janice Jones, City Clerk Address for giving notices Office of the Clerk City of McHenry 333 South Green Street McHenry. IL 60050 Williams Brothers Construction Inc. CORPORATE SEAL Address for giving notices Williams Brothers Construction Inc. P.O. Box 1366 Peoria IL 61654 END OF SECTION 00520 AGREEMENT 00520 - 6 SECTION 00550 NOTICE TO PROCEED TO: Williams Brothers Construction Inc. P.O. Box 1366 Peoria, IL 61654 DATE: Wastewater Treatment Facility Consolidation City of McHenry 333 South Green Street McHenry, IL 60050 You are hereby notified to commence WORK in accordance with the Agreement dated 2015, on or after The date of completion of all WORK is «CompletionDate)>. City of McHenry Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: Williams Brothers Construction, Inc, this the day of END OF SECTION 00550 2015. NOTICE TO PROCEED 00550 - 1 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: August 17, 2015 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Rejection of all bids, including the bid submitted by R.A. Mancini in the amount of $5,126,630 for the McHenry Sanitary Sewer System Improvements 24" Forcemain Extension ATT: HR Green, Inc. bid recommendation 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. As identified in the previous agenda supplement, the project was broken into two separate bid packets titled; "Wastewater Treatment Facility Consolidation" and "McHenry Sanitary Sewer System Improvements 24" Forcemain Extension" due to the specialization of the forcemain project. he engineer's opinion of probable cost for the forcemain project was $1400000. Bid information was made available on June 5, 2015 with a due date of July 24, 2015. The following sealed bid for the McHenry Sanitary Sewer System Improvements 24" Forcemain Extension was received on July 24, 2015: • RA Mancini $5,126,630.00 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. ANALYSIS: HR Green has analyzed the sole bid which was over three times the Engineer's Opinion of Probable Costs for this project. This was an unusual result as multiple contractors had picked up bid packages and attended the mandatory pre -bid meeting. At no point during the bidding process were any questions raised by the plan holders that would indicate problems with the project. After the bid opening, HR Green contacted several of the contractors in an attempt to determine reasons for them not submitting a bid. The main responses from the contractors were all related to the contractors being very busy and not having the time to focus on this project. HR Green recommends rejecting the lone bid, since there was no other bids submitted that would allow them to compare and determine if the bid received from R.A. Mancini is appropriate for the project scope. HR Green Inc. also recommends that the project be re -bid in January 2016. However, by delaying the forcemain portion of the project the costs cannot be included in the scope of the State Revolving Fund (SRF) loan. The loan is only issued for the project scope that is bid, reviewed and approved as part of the initial loan award which, in this case, will not include the forcemain project. As a result, the City will have to identify a funding source for this project which could include — applying for an additional loan through the IEPA, obtaining traditional municipal loan financing, and/or paying for the project with funds in the General Fund Balance. RECOMMENDATION: If Council concurs, it is recommended that a motion be made to reject all bids, including the bid submitted by R.A. Mancini in the amount of $5,126,630 for the McHenry Sanitary Sewer System Improvements 24" Forcemain Extension project. 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. August 6, 2015 Mr. Jon Schmitt Director of Public Works City of McHenry 333 South Green Street McHenry, Illinois 60050 RE: McHenry 24" Force Main Extension Recommendation for Rejection of Bid HR Green Job No.: 86130341.03 Dear Mr. Schmitt: On July 24, 2015, the City of McHenry received only one bid on the Force Main project from R.A. Mancini for an amount of $5,126,630.00. This lone bid was over three times the Engineer's Opinion of Probable Costs of $1,400,000.00 for this project. This was unexpected as multiple contractors had picked up bid packages and attended the mandatory pre -bid meeting. At no point during the bidding process did HR Green receive any questions from the plan holders that would indicate problems with the project. After the bid opening, HR Green contacted several of the contractors in an attempt to determine reasons for them not submitting a bid. The responses from the contractors in general were that they were very busy and didn't have the time to focus on this project at the time of the bid. There were also a couple of plan holders that indicated that they did not have large enough equipment to perform the required work. Based on our conversations with the contractors, HR Green recommends that the bid from R.A. Mancini be rejected and project be re -bid., There were no other bids received that would allow us to compare and determine if the bid received from R.A. Mancini is appropriate for the project scope. Re -bidding the project will not have an effect on the completion date for the overall project at this point, as the construction duration of the Treatment Plant project is far greater than that of the force main. This does, however, present a problem with using the SRF Loan to fund the force main project. To follow the IEPA requirements for the SRF Loan, we need to follow the 45 day process for bidding. This would push the bid opening past the deadline we have for this year's SRF Loan cycle. HR Green has discussed the possibility of a re -bid on this project with a few contractors that originally showed interest in the project. They indicated that they would be interested in pursuing this project if it is rebid. HR Green would recommend that the project be rebid in January 2016, as this is the time that the majority of the contractors will be lining up work for the year, and is typically the most competitive time for bidding. If you have any questions, please call. Sincerely, HR GREEN, INC. J. ? i Chad J. Pieper, P.E. City Engineer CJP/dmw Russell Ruzicka, City of McHenry Mr. Derik Morefield, City of McHenry Mr. Ravi Jayaraman, P.E., HR Green, Inc. Hrgmhnas:\\O:\86130341\Construction\CorrUtr-080615-RecomendationForRejection-Force Main.docx HRGreen.corn {'I tone 815,385.i778 Fix 815.385.178i %II Free 800.728,7805 420 North Front Street, Suite 100, McHenry, Illinois 60050 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: August 17, 2015 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Authorization for the Mayor and City Clerk to execute a construction contract with Virgil Cook & Son of DeKalb in an amount not to exceed $204,851.84 for the Crystal Lake Road/Dartmoor Drive Traffic Signal project ATT: HR Green, Inc. bid recommendation and tabulation BACKGROUND: At the May 18, 2015 City Council meeting, the City Council authorized staff to publicly bid the Crystal Lake Road/Dartmoor Drive Traffic Signal. The 2015/16 Capital Improvement Program (CIP) includes $400,000 for the design/observation engineering and construction of traffic signals at the intersection of Crystal Lake Road and Dartmoor Drive. ANALYSIS: The following sealed bids for the Crystal Lake Road and Dartmoor Drive were received on August 10, 2015: • Virgil Cook &Son $204,851.84 • Home Towne Electric $2081126.80 HR Green, Inc. has analyzed and checked the bids for accuracy and recommends awarding the contract to Virgil Cook &Son of DeKalb, Illinois in the amount of $204,851.84. The engineer's opinion of probable cost (EOPC) was $300,406.60. Public Works staff will relocate the existing pedestrian crossing lights on Crystal Lake Road at Dartmoor Drive to Curran Road at Dartmoor Drive. 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. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to authorize the Mayor and City Clerk to execute a construction contract with Virgil Cook & Son of DeKalb in an amount not to exceed $204,851.84 for the Crystal Lake Road/Dartmoor Drive Traffic Signal project 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. HRGreen August 10, 2015 Mr. Jon M. Schmitt Director of Public Works City of McHenry 1415 Industrial Drive McHenry, Illinois 60050 RE: Crystal Lake Road at Dartmoor Drive Traffic Signals HR Green Job No. 86150172 Dear Mr. Schmitt: Bids for the above referenced improvement were received on August 10, 2015. We have analyzed the bids and checked them for accuracy and find Virgil Cook & Son, Inc. of DeKalb, Illinois, to be the lowest qualified bidder at their bid amount of $204,851.84, There were three (3) plan holders for this project, of which two (2) submitted bids. The bids ranged from a low bid of $204,851,84 submitted by Virgil Cook & Son to a high bid of $208,126,80 submitted by Home Towne Electric and represents competitive pricing for specialty roadway work such as traffic signals. The Engineer's Opinion of Probable Cost for this project was $300,406.60. The main difference in cost was seen in the mast arm line items. Our estimate prices were based on projects that had bid out in the area, earlier this year. At this time, HR Green is recommending the City award the contract to Virgil Cook &Son, Inc. in the amount of $2047851.84. A copy of the Bid Tabulation is enclosed herewith. Please call if you have any questions. Very truly yours, HR GREEN, INC. Chad Pieper, P.E. City Engineer I1000019 Enclosure Cc: Rich Stull —City of McHenry Jeff Strzalka — HR Green, Inc. \\H RGM HNAS\Data\86150172\Design\Corr\Itr-081015-RecommendAward.doc HR�,r��ra.tga7� r , _ , _� 815.3$5.177» F=�:�;'31�i.3S5.i781 lbii Free 8053.7�8.7$t!5 ® HR Green, Inc. 42020 N. Front Street HRGreen McHenry, IL 60050 Date: August 10, 2015 Project CITYOFMCHENRY Engineer CRYSTAL LAKE ROAD AT DARTMOOR DRIVE TRAFFIC SIGNALS Bids Redd: STRZALKA 1/2/1900 ENGINEER'S ESTIMATE VIRGIL COOK & SON HOME TOWNE ELECTRIC Section 15-00000-02-GM Job No. 86150172 UNm QTY Unit Price Amount Unit Price Amount Unit Price Amount NO7, 1 DESCRIPTION EACH 3 $500,00 $1,500.00 $200,00 $600.00 $550,00 $1,650.00 1 TREE PRUNING OVER 10 INCH DIAMETER 2 CHANGEABLE MESSAGE SIGN CAL MO 4 $750,00 $39000,00 $1,450.00 $5 800,00 $1 438,00 $5,752.00 3 SIGN PANEL -TYPE 1 SQ FT 17 $35.00 $595.00 $39.00 $663,00 $52.3D $889,10 4 SIGN PANEL - TYPE 2 SQ FT 21 $35,00 $735,00 $44.00 $924,00 $38.20 $802,20 5 REMOVE SIGN PANEL ASSEMBLY -TYPE A EACH 2 $35,00 $70.00 $95.00 $190.00 $55.00 $110.00 6 REMOVE SIGN PANEL -TYPE 1 SQ FT 18 $15,50 $279,00 $15.00 $270.00 $11,00 $198,00 7 REMOVE GROUND MOUNTED SIGN SUPPORT EACH 2 $150.00 $300.00 $75.00 $150.00 $55.00 $110.00 8 THERMOPLASTIC PAVEMENT MARKING - LINE 24" FOOT 74 $40,00 $2 960.00 $48.00 $3,552.00 $37.10 $2 745.40 9 SERVICE INSTALLATION - GROUND MOUNTED EACH 1 $5,000,001 $5,000,00 $2,280,001 2 280,00 $2 606.00 $2 606.00 10 UNDERGROUND CONDUIT GALVANIZED STEEL 2" DIA, FOOT 785 $25,00 $19,E25.00 $18,45 $14,483.25 $15,50 $12 167.50 11 UNDERGROUND CONDUIT, GALVANIZED STEEL, 21/2" DIA. FOOT 72 $30,00 $2,160,00 $25,10 $1,807,20 $19,50 $1,404,00 12 UNDERGROUND CONDUIT GALVANIZED STEEL, 3" DIA, FOOT 101 $35,00 $3 535.00 $29,70 $2,999,70 $22,10 $2,232,10 13 UNDERGROUND CONDUIT GALVANIZED STEEL, 4" DIA, FOOT 294 $45,00 $13 230.00 $46,90 $13 788,60 $35.70 $10,495,80 14 HANDHOLE EACH 4 $2000.00 $8,000.00 $1386.00 $5540.00 $1415,00 $5660.00 15 HEAVY-DUTY HANDHOLE EACH 3 $3,000.00 $9000,00 $1660.00 $4,980,00 $1,808,00 $5,424,00 16 DOUBLE HANDHOLE EACH 2 $3,000.00 $6 D00100 $1 880.00 $3 760,00 $2 430,00 $4 860,00 17 1 ELECTRIC CABLE IN CONDUIT 600V (XLP-TYPE USE 1/C NO, 8 FOOTK"7 $6,00 $1 902,00 $1,10 $348,70 $1,30 $412,10 18 PAINT NEW TRAFFIC SIGNAL POST EACH$19000.00 $4 000,00 $190.00 $760,00 $184.00 $736.00 19 PAINT NEW MAST ARM AND POLE UNDER 40 FOOT EACH$1,500.00 $3 000.00 $680,00 $1,160,00 $558,00 $1,116.00 20 PAINT NEW COMBINATION MAST ARM AND POLE, UNDER 40 FOOT EACH$1,500.00 $3,000,00 $710,00 $1 420,00 $684,00 $1,368.D0 21 ELECTRIC CABLE IN CONDUIT SIGNAL NO. 142C FOOT $1,70 $1 701,70 $1.08 $1,081,08 $1,10 $1,101,10 22 ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 3C FOOT $1,80 $2,322,00 $1,21 $1 560,90 $1,40 $1,806,00 23 ELECTRIC CABLE IN CONDUIT SIGNAL NO, 14 5C FOOT $1,90 $2 606.80 $1,34 $1,838,48 $1,60 $2,195,20 24 ELECTRIC CABLE IN CONDUIT SIGNAL N0. 14 7C FOOT $2.10 $1 656.90 $1.47 $1 159.63 $1.90 $1 r499,10 25 ELECTRIC CABLE IN CONDUIT LEAD-IN NO, 141 PAIR FOOT 11380 $1,70 $2 346,00 $1,10 $15518,00 $1,00 $1,380.00 26 ELECTRIC CABLE IN CONDUIT SERVICE, NO, 62 C FOOT 33 $7.00 $231,001 $2,80 $92,40 $3,30 $108.90 27 ELECTRIC CABLE IN CONDUIT EQUIPMENT GROUNDING CONDUCTOR, NO, 6 1C FOOT 11149 $4,00 $4,596.00 $2,05 $2,355.45 $1,70 $1,953.30 28 TRAFFIC SIGNAL POST, GALVANIZED STEEL 14 FT, EACH 2 $1 500,00 $3 D00.00 $1,115,00 $2,230,00 $1,229,00 $2,458,00 29 TRAFFIC SIGNAL POST, GALVANIZED STEEL 16 FT. EACH 2 $1 500.00 $3 000,00 $1 150,00 $2 300,00 $1 268,00 $2 536,00 30 STEEL MAST ARM ASSEMBLY AND POLE 30 FT. EACH 1 $10,000,00 $10,000400 $5,245,00 $5,245,00 $6,191,00 $52191,00 31 STEEL MAST ARM ASSEMBLY AND POLE, 32 FT, EACH 1 $10,000,00 $10,000,00 $6,685,00 $5,6B5.00 $5,654000 $5654,00 32 STEEL COMBINATION MAST ARM ASSEMBLY AND POLE 30 FT, EACH 1 $151000.00 $15 000,00 $6,525,00 $61525.00 $6 658,00 $6,658.00 33 STEEL COMBINATION MAST ARM ASSEMBLY AND POLE 34 FT. EACH 1 $15,000,00 $15 000,00 $7 290,00 $7,290.00 $7,475.00 $7 475,00 34 CONCRETE FOUNDATION TYPE FOOT 20 1 $200,00 $4,000.00 $215.001 $4,300,00 $179,80 $3,596,00 35 CONCRETE FOUNDATION TYPE C FOOT 4 $800,00 $3 200.00 $39D.00 $1,560.00 $650,00 $2,600,00 36 CONCRETE FOUNDATION TYPE E 36-INCH DIAMETER FOOT 44 $300,00 $13 200.00F75 $17 380,00 $208,50 $9,174.00 37 SIGNAL HEAD, LED, 1-FACE, 3-SECTION MAST -ARM MOUNTED EACH 7 $1 500,00 $10 500.00 $4,935,00 $836.00 $5 852,00 38 SIGNAL HEAD LED 1-FACE 3-SECTION, BRACKET MOUNTED EACH 2 $1,500,00 $3 000.00 $1 100,00 $680,00 $1,360,00 39 SIGNAL HEAD, LED 1-FACE 5-SECTION BRACKET MOUNTED EACH 2 $1,900.00 $3,800.00 $1,520.00 $997,00 $1 994,00 40 SIGNAL HEAD, LED 1-FACE, 5-SECTION MAST -ARM MOUNTED EACH 2 $1 900000 $3,800.00 $1 680.D0 $1 177.OD $2 354.00 41 PEDESTRIAN SIGNAL HEAD, LED 1-FACE, BRACKET MOUNTED WITH COUNTDOWN TIMER EACH 4 $1,000.00 $4,000,00 $2,000,00 $518.00 $2,072,00 42 PEDESTRIAN SIGNAL HEAD LED 2-FACE BRACKET MOUNTED WITH COUNTDOWN TIMER EACH 1 $2 000.00 $2 000,00 $870,00 $1,036,00 $1,036,00 43 TRAFFIC SIGNAL BACKPLATE, LOUVERED, FORMED PLASTIC EACH 9 $250,00 $2250,00 $1,935,00 $236.00 $2,124,00 44 INDUCTIVE LOOP DETECTOR EACH 7 $350,00 $2 450,00 $165,00 $1 155,00 $168,00 $1,176,00 45 DETECTOR LOOP TYPE I FOOT 692 $25.00 $17 300.00 $16.45 $11,383,40 $17000 $11,764.00 46 LIGHT DETECTOR EACH 2 $1,700.00 $3400, 0 $1455,00 $2,910.00 $1456,00 $2,912.00 47 LIGHT DETECTOR AMPLIFIER EACH 1 $4,500000 $4 500,00 $1 440.00 $1,440.00 $1,319.00 $1,319,00 48 PEDESTRIAN PUSH-BUTTON EACH 6 $450,00 $2 700,00 $235,00 $1 410.00 $372,00 $2,232,00 49 REMOVE EXISTING TRAFFIC SIGNAL EQUIPMENT EACH 1 $5 000,00 $5 000,00 $1 600,00 $1 600,00 $1 680,00 $1 680,00 50 EMERGENCY VEHICLE PRIORITY SYSTEM LINE SENSOR CABLE, N0.70 3/O FOOT 239 $1.80 $430.20 $1.15 $274.85 $1.00 $239.00 51 IPORTLAND CEMENT CONCRETE SIDEWALK 5 INCH SPECIAL SQ FT 111 $25,00 $2 775.00 $17000 $1 887,00 $15,00 $1,665,00 52 SIDEWALK REMOVAL SPECIAL SQ FT 22 $25.0D $550,00 $22,00 $484.00 $10,50 $231,00 53 LUMINAIRE LED HORIZONTAL MOUNT 175 WATT EACH 2 $800.00 $1 600,00 $695,00 $1 390.00 $740,00 $1 480,00 54 UNINTERRUPTABLE POWER SUPPLY, SPECIAL EACH 1 $10 000.00 $10 000.00 $4 555.00 $4,555.00 $4,449.00 $4 449.00 55 FULL -ACTUATED CONTROLLER AND TYPE SUPER P CABINET EACH 1 $35 000.00 $35,000.00 $32 095,00 $32 095.00 $44,224.DO $44 224.00 56 REMOVE EXISTING CONCRETE FOUNDATION EACH 2 $300,00 $600,00 $465.00 $930.00 $420600 $840.00 57 EXPLORATION TRENCH, SPECIAL FOOT 50 $100.00 $5,000.00 $30.00 $1 500.00 $20.00 $1 000.00 Total = $300,4D6.60 $204tB51,841 $208,126,80 LOW BIDDER Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us AGENDA SUPPLEMENT DATE: August 17, 2015 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Fieldstone Lift Station Rehabilitation Project ATT: HR Green Equipment Selection Memo and Xylem Water Solutions USA. Inc quote BACKGROUND: The Fieldstone Lift station was put into service in 1997; it is one of the deepest lift stations in the sanitary collection system. In February 2008, while removing a pump for routine maintenance the pump slipped off the hook and fell back to the bottom of the lift station. When the pump fell it damaged the base elbow which the pump attaches to. The lift station operated with one pump until a replacement could be obtained. An outside contractor was hired to set the replacement pump because of the depth of the lift station, the broken base elbow, and the fact that the wastewater flow could not be stopped. The lift station uses guide wires instead of guide polls to keep the pump on track when it is being lifted out or set into place. The current guide wire system is not correctly centered in the lift station, as a result when trying to remove or set a pump, the pump detaches from the guide wire system. Rehabilitation of the lift station would consist of replacing the pumps; pump controls; guide rails; base elbows; discharge piping and a top hatch. The replacement pumps will be sized to handle additional wastewater flow as the Legend Lakes Subdivision is built out. At the June 15, 2015 City Council meeting, the City Council approved a professional services agreement for design, engineering and construction observation for the Fieldstone Lift Station Rehabilitation Project. The scope of work included preparation of detailed contract plans, cost estimate, assistance in bid tabulation, bid award recommendation, field inspections, and payment recommendations. The engineering services fee approved is an amount not to exceed of $25,974.00. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. ANALYSIS: Staff and HR Green, Inc. are recommending pre -purchasing the submersible pumps and related equipment directly from the sole source vender rather than through a third party contractor. This procedure will reduce cost and expedite delivery of the equipment. The approved 2015/16 Capital Improvement Program includes $330,000 for the design/observation engineering and construction of the Fieldstone Lift Station Rehabilitation Project with funding from Water/Sewer revenues and $100,000 from the Legend Lakes Surety Bond. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to waive advertisement for bids and authorize the Mayor and City Clerk to sign a contract with Xylem Water Solutions USA, Inc. for an amount not to exceed $81,824.60, for the pre -purchase of submersible pumps and related equipment for the Fieldstone Lift Station Rehabilitation project. 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. HRGreen July 28, 2015 Mr. Jon Schmitt City of McHenry 333 South Green Street McHenry, IL 60050 RE: Fieldstone Lift Station —Equipment Selection HR Green Job No.: 86150164 Dear Mr. Schmitt: As you are aware, HR Green is recommending asole-source equipment supplier for the replacement pumps at the Fieldstone Lift Station. The following information is offered regarding the selection of Flygt as the sole pumping equipment provider for the City's Fieldstone Lift Station project: • First, due to the nature of a lift station, there are several parts that are selected based on the pump that is being used. These include, but are not limited to, the base elbows, guide rail systems, and piping runs. To create a bid package that is an "apples to apples" comparison, a pump size and manufacturer must be set and designed around. This will provide the City with the best possible bid package and most comparable prices. • Both HR Green and the City have positive past experience with Flygt pumps. The City currently owns several Flygt pumps and is satisfied with their operation and maintenance. Flygt has demonstrated that they are able to quickly respond to service calls and conduct repairs for the City at nearby servicing facilities. • The City's staff is looking to get all of the City's lift stations standardized with the same pumps (if possible) and at least the same manufacture so that maintenance issues are reduced through common parts, build styles, and a common point of contact. This all reduces the amount of procedures that City Staff needs to be aware of, thereby reducing response times and errors. This will also reduce the amount of spare parts and equipment that need to be kept on hand, further reducing money outlaid by the City. • Flygt was compared to other pump suppliers at the beginning of the McHenry WWTF Consolidation project. The design team concluded that Flygt offered more appropriate pump selections and consequently used Flygt pumps as the basis of design throughout the plant. If the plant is upgraded to include a large number of Flygt pumps, it is in the City's best interest to establish uniformity with equipment throughout the wastewater system, including Fieldstone Lift Station. This would further help to standardize the City's pumps, increasing the efficiencies mentioned above. • A further advantage is that Flygt recently introduced a new control system (SmartRun) that is projected to reduce the City's pump energy by operating the pumps at the most efficient operating point. • While other equipment suppliers may offer a comparable proposal; it is likely that a low bidder will possibly include inferior manufacturing and/or provide poor customer service. This has been seen in the pump manufacturing world. I trust that this will satisfy any questions raised regarding the selection of this equipment. If you have any additional questions, please contact me. Sincerely, HR GREEN, INC. Chad J. Pieper, P.E. City Engineer CJP/dmw \\h rgmhnas\data\86150164\Design\Corr\EMerna IV tr-072715-McHenry-Flygt-Sel ection. docx HFiGreen.com Phone 815.385.1778 Fax 815.385.1781 Toll Free 800.728.7805 420 North Front Street, Suite 100, McHenry, Illinois 60050 xylem July 23, 2015 HR Green 420 N Front Street IL 60050 Re: Feildstone LS Attn: Charles Pugh Xylem Water Solutions USA, Inc. Flygt Products 8402 183rd Street Suite A Tinley Park, IL 60487 Tel (708) 342-0484 Fax (708) 342-0491 Quote # 2015-CHI-0405 Alternate 1, Version 2 Xylem Water Solutions USA, Flygt Products is pleased to provide our Complete Scope Letter with Pricing for the project referenced above. The equipment noted as follows has been designed in strict accordance to the Engineers Specifications and meets the project requirements 100%. We greatly appreciate your consideration and opportunity to be of service, A Flygt Preventive Maintenance Contract is available for this order. Pumps Qty Description 3 Flygt Model NP-3153.095 3" volute Submersible pump equipped with a 460 Volt / 3 phase / 60 Hz 23 HP 3550 RPM motor, 274 impeller, 1 x 50 Ft. length of submersible cable, FLS leakage detector, volute is prepared for Flush Valve Accessories Qty Description 3 CONNECTION,DISCH 3X3" Cl 3 HOOK,SAFETY ASSEMBLY SS 3 HARDWARE,DISC CONN ASSY 304SS 3 KIT, HARDWARE 3/81N SS (2X) 120 CHAIN 5/16" 316SS SWL2750# 3 KIT,CHAIN FITTING 316SS+ FLYGT SWL1250# 5 SENSOR,ENM-10 0.95-1.1 65' 3 MINI-CASII/FUS 120/24VAC,24VDC 3 SOCKET,11 PIN OCTAL DIN MOUNT 12/02 120 TS3042 FEET 2"GUIDE RAIL 304SS Electrical Qty Description 3 KIT,SMARTRUN SRC311 30/460/3 3 I/O UNIT,SRC311 3 I/O UNIT,SRC311 FLYGT a xylem brand Pumps Price Accessories Price Electrical Price Extended Price $ 50,997,00 $ 50,997.00 Extended Price $1,830.00 $ 309.00 $ 954.00 $135000 $ 43320000 $ 615,00 $1,725,00 $13365,00 $126,00 $ 23097460 $13,476.60 Extended Price $12,966.00 $ 813.00 $ 873,00 $14,652.00 Page 1 of 6 Services Qty Description 1 START UP,FLYGT,NO TAX Freight Charge 1-TP MODELS: 3000,7000,8000 Services Price Total Project Price Extended Price $11082.00 $1,082.00 $ 80,207.60 $1,617.00 Total Project Price $ 81,824.60 Incoterm: 1 FCA -Free Carrier Named Placed: 02 - US WH/ Factory Incoterms 2010 clarify responsibility for costs, risks, & tasks associated with the shipment of goods to the named place. Taxes: State, local and other applicable taxes are not included in this quotation, Time of delivery: Approx. 12-14 working weeks after receipt of order. Terms of payment: Net 30 Standard Validity: This Quote will expire in ninety (90) days unless extended in writing by Xylem Water Solutions USA, Inc,. Thank you for the opportunity to provide this quotation. Please contact us if there are any questions. Sincerely, Ramesh Anchan Tech. Sales Representative Phone: 7087811072 Cell: 708-603-0282 ram.anchan@xyleminc.com Page 2 of 6 FLitGT a xylem brand Terms & Conditions: TERMS AND CONDTITONS OF SALE -NORTH AMERICA Page 1 of 3 (January 2015) l .Agreement, Integration and Conflict of Terms. These terms and conditions, together with any special conditions expressly incorporated thereto in the quotation or sales form, are to govern any sale between the Seller and Buyer. The Seller shall mean the applicable affiliate of Xylem Inc. that is party to the Agreement ("Seller"). The Buyer shall mean the entity that is party to the Agreement with Seller. This writing is an offer or counteroffer by Seller to sell the goods and/or services set forth on the quotation or sales form subject to these terms and conditions and is expressly made conditional on Buyer's assent to these terms and conditions. Acceptance by Buyer is expressly limited to these terms and conditions. Any additional or different terms and conditions contained in Buyer's purchase order or other communication shall not be effective or binding upon Seller unless specifically agreed to in writing by Seller; Seller hereby objects to any such conditions, and the failure of Seller to object to specific provisions contained in any purchase order or other communication from Buyer shall not be construed as a waiver of these terms and conditions nor an acceptance of any such provisions. Neither Seller's commencement of performance nor delivery shall be deemed or construed as acceptance of Buyer's additional or different terms and conditions. Buyer agrees that these terms and conditions, together with any accompanying quotation and any special conditions or limited process guarantees or documents referred to or included within the quotation and expressly made a part of this agreement, (e.g., drawings, illustrations, specifications, or diagrams), is the complete and final agreement between Buyer and the Seller ("Agreement"). This Agreement supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties and, further, can only be altered, modified or amended with the express written consent of Seller. 2.Quotation, Withdrawal, Expiration. Quotes are valid for thirty (30) calendar days from the date of issuance unless otherwise provided therein. Seller reserves the right to cancel or withdraw the quotation at any time with or without notice or cause prior to acceptance by Buyer. Inere is no Agreement if any conditions specified within the quotation or sales form are not completed by Buyer to Seller's satisfaction within thirty (30) calendar days of Seller's acknowledgement in writing of an order. Seller nevertheless reserves its right to accept any contractual documents received from Buyer after this 30-day period. 3.Prices. Prices apply to the specific quantities stated on the quotation or sales form. Unless otherwise agreed to in writing by Seller, all prices aze FCA; Origin (as defined in accordance with the latest version of Incoterms), and do not include transportation costs or charges relating to transportation unless otherwise specified. Prices include standard packing according to Seller's specifications for delivery. All costs and taxes for special packing requested by Buyer, including packing for exports, shall be paid by Buyer as an additional charge. Prices are subject to change without notice. 4.Taxes. The price for the goods does not include any applicable sales, use, excise, GST, VAT, or similar tax, duties or levies. Buyer shall have the responsibility for the payment of such taxes if applicable. S.Payment Terms. Seller reserves the right to require payment in advance or C.O.D. and otherwise modify credit terms should Buyer's credit standing not meet Seller's acceptance. Unless different payment terms are expressly set forth in the quotation or sales form or order acknowledgment or Sales Policy Manual, goods will be invoiced upon shipment Payment shall be made in U.S. Dollars. Payment in fill is due within thirty (30) days from the invoice date. In the event payment is not made when due, Buyer agrees to pay Seller a service or finance charge of the lesser of (i) one and one-half percent (1.5%) per month (18% per annun), or (ii) the highest rate permitted by applicable law, on the unpaid balance of the invoice from and after the invoice due date. Buyer is responsible for all costs and expenses associated with any checks returned due to insufficient fiords. All credit sales are subject to prior approval of Seller's credit department. Export shipments will require payment prior to shipment or an appropriate Letter of Credit. 1l� during the performance of the contract with Buyer, the financial responsibility or condition of Buyer is such that Seller in good faith deems itself insecure, or if Buyer becomes insolvent, or if a material change in the ownership of Buyer occurs, or if Buyer fails to make any payments in accordance with the terms of its contract with Seller, then, in any such event, Seller is not obligated to continue performance tinder the contract and may stop goods in transit and defer or decline to make delivery of goods, except upon receipt of satisfactory security or cash payments in advance, or Seller may terminate the order upon written notice to Buyer without .other obligation to Buyer whatsoever. If Buyer fails to make payments or fails to fiimish security satisfactory to Seller, then Seller shall also have the right to enforce payment to the full contract price of the work completed and in process. Upon default by Buyer in payment when due, Buyer shall immediately pay to Seller the entire unpaid amounts for any and all shipments made to Buyer irrespective of the terms of said shipment and whether said shipments are made pursuant to this Agreement or any other contract of sale between Seller and Buyer, and Seller may withhold all subsequent shipments until the full amount is settled. Acceptance by Seller of less than fill payment shall not be a waiver of any of its rights hereunder. Buyer shall not assign or transfer this Agreement or any interest in it, or monies payable under it, without the written consent of Seller and any assignment made without such consent shall be null and void. 6.Delivery, Risk of Loss. Delivery dates are estimates, and time is not of the essence. All shipments will be made FCA; Origin, unless otherwise specified. Seller shall not be responsible to Buyer for any loss, whether direct, indirect, uicidental or consequential in nature, including without limitation loss of profits, arising out of or relating to any failure ofthe goods to be delivered by the specified delivery date. In the absence of specific instructions,Seller will select the carrier. Upon delivery to the common carrier, title and the risk of loss for the material shall pass to Buyer. Buyer shall reimburse Seller for the additional cost of its performance resulting from inaccurate or lack of delivery instructions, or by any act or omission on Buyer's part. Any such additional cost may include, but is not limited to, storage, insurance, protection, re -inspection and delivery expenses. Buyer further agrees that any payment due on delivery shall be made on delivery into storage as though goods had been delivered in accordance with the order. Buyer grants to Seller a continuing security interest in and a lien upon the products and the proceeds thereof (including insurance proceeds), as security for the payment of all such arnounts and the performance by Brryer of all of its obligations to Seller pursuant to the order and all such other sales, and Buyer shall have no right to sell, encumber or dispose of the products. Buyer shall execute any and all financing statements and other doelunents and inshtunents and do and Page 3 of 6 FLYGT a xylem brand perform any and all other acts and things which Seller may consider necessary, desirable or appropriate to establish, perfect or protect Sellers title, security interest and lien. In addition, Buyer authorizes Seller and its agents and employees to execute any and all such documents and instruments and do and perform any and all such acts and things, at Buyer's expense, in Buyers name and on its behalf. Such documents and instruments may also be filed without the signature of Buyer to the extent permitted by law. 7.Warranty. For goods sold by Seller to Btryer that are used by Buyer for personal, family or household purposes, Seller warrants the goods to Buyer on the tenns of Seller's limited warranty available on Seller's website. For goods sold by Seller to Buyer for any other purpose, Seller warrants that the goods sold to Buyer hereunder (with the exception of membranes, seals, gaskets, elastomer materials, coatings and other "wear parts" or consumables all of which are not warranted except as otherwise provided in the quotation or sales form) will be (i) be built in accordance with the specifications referred to in the quotation or sales form, if such specifications are expressly made a part of this Agreement, and (ii) free from defects in material and workmanship for a period of one (1) year from the date of installation or eighteen (18) months from the date of shipment (which date of shipment shall not be greater than thirty (30) days after receipt of notice that the goods are ready to ship), whichever shall occur first, unless an alternate period of time is provided by law or is specified in the product documentation from Xylem (the' Warranty"). Except as otherwise provided by law, Seller shall, at its option and at no cost to Buyer, either repair or replace any product which fails to conform with the Warranty; provided, however, that under either option, Seller shall not be obligated to remove the defective product or install the replaced or repaired product and Buyer shall be responsible for all other costs, including, but not limited to, service costs, shipping fees and expenses. Seller shall have complete discretion as to the method or means of repair or replacement. Buyer's failure to comply with Seller's repair or replacement directions shall TERMS AND CONDITIONS OF SALE - NORTH AMERICA Page 2 of 3 (January 2015) constihrte a waiver of its rights and render all warranties void. Arty parts repaired or replaced Corder the Warranty are warranted only for the balance of the warranty period on the parts that were repaired or replaced. The Warranty is conditioned on Buyer giving written notice to Seller of any defects in material or workmanship of warranted goods within ten (10) days of the date when any defects are first manifest. Seller shall have no warranty obligations to Buyer with respect to any product or pacts of a product that: (a) have been repaired by third parties other than Seller or without Seller's written approval; (b) have been subject to misuse, misapplication, neglect, alteration, accident, or physical damage; (c) have been used in a manner contrary to Seller's instructions for installation, operation and maintenance; (d) have been damaged from ordinary wear and tear, corrosion, or chemical attack; (e) have been damaged due to abnormal conditions, vibration, failure to properly prime, or operation without flow, (f) have been damaged due to a defective power supply or improper electrical protection; or (g) have been damaged resulting from the use of accessory equipment not sold by Seller or not approved by Seller in connection with products supplied by Seller hereunder. In any case of products not manufactured by Seller, there is no warranty from Seller; however, Seller will extend to Buyer any warranty received from Seller's supplier of such products. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO THE GOODS PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED, EXCEPT AS OTHERWISE PROVIDED BY LAW, BUYER'S EXCLUSIVE REMEDY AND SELLER'S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES ARE LIMITED TO REPAIRING OR REPLACING THE PRODUCT AND SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY THE BUYER HEREUNDER. IN NO EVENT IS SELLER LIABLE FOR ANY OTHER FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION. 8.Inspecfion. Buyer shall have the right to uispect the goods upon their receipt. When delivery is to Buyer's site or to a project site ("Site"),Buyer shall notify Seller in writing of any nonconformity of the goods with this Agreement within three (3) days from receipt by Buyer. For all other deliveries, Buyer shall notify Seller in writing of any nonconformity with this Agreement within fourteen (14) days from receipt by Buyer. Failure to give such applicable notice shall constitute a waiver of Buyer's right to inspect and/or reject the goods for nonconformity and shall be equivalent to an irrevocable acceptance of the goods by Buyer. Claims for loss of or damage to goods in transit must be made to the carver, and not to Seller. 9.Seller's Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL SELLER'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY BUYER UNDER THIS AGREEMENT. SELLER SHALL HAVE NO LIABILITY FOR LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES. lO.Force Majeure. Seller may cancel or suspend this Agreement and Seller shall have no liability for any failure to deliver or perform, or for any delay in delivering or performing any obligations, due to acts or omissions of Buyer and/or its contractors, or due to circumstances beyond Seller's reasonable control, including but not lunited to acts of God, fire, flood or other natural disasters, war and civil disturbance, riot, acts of governments, terrorism, disease, currency restrictions, labor shortages or disputes, unavailability of materials, fiiel, power, energy or transportation facilities, failures of suppliers or subcontractors to effect deliveries, in which case the time for performance shall be extended in an amount equal to the excused period, provided that Seller shall have, as soon as reasonably practicable after it has actual knowledge of the beginning of any excusable delay, notified Buyer of such delay, of the reason therefor and of the probable duration and consequence thereof. Seller shall use its best efforts to eliminate the cause of the delay, interruption or cessation and to resume performance of its obligations hereunder with the least possible delay. 11.CancellaHon. Except as otherwise provided in this Agreement, no order may be cancelled on special or made -to -order goods or unless otherwise requested in writing by either party and accepted in writing by the other. hi the event of a cancellation by Buyer, Buyer shall, within thirty (30) days of such Page 4 of 6 3F a xylem brand cancellation, pay Seller a cancellation fee, which shall include all costs and expenses incurred by Seller prior to the receipt of the request for cancellation including, but not limited to, all commitments to its suppliers, subcontractors and others, all fully burdened labor and overhead expended by Seller, phis a reasonable profit charge." Return of goods shall be in accordance with Seller's most current Return Materials Authorization and subject to a minimum fifteen percent (15%) restocking fee. Notwithstanding anything to the contrary herein, in the event of the commencement by or against Buyer of any voluntary or involuntary proceedings in bankruptcy or insolvency, or in the event Buyer shall be adjusted bankrupt, make a general assignment for the benefit of its creditors, or if a receiver shall be appointed on account of Buyer's insolvency, or if Buyer Fads to make payment when due under this Agreement, or in the event Buyer does not correct or, if immediate correction is not possible, commence and diligently continue action to correct any default of Buyer to comply with any of the provisions or requirements of this Agreement within ten (10) calendar days after being notified in writing of such default by Seller, Seller may, by written notice to Buyer, without prejudice to any other rights or remedies which Seller may have, terminate its further performance of this Agreement. In the event of such termination, Seller shall be entitled to receive payment as if Buyer has cancelled the Agreement as per the preceding paragraph. Seller may nevertheless elect to complete its performance of this Agreement by any means it chooses. Buyer agrees to be responsible for any additional costs incurred by Seller in so doing. Upon termination of this Agreement, the rights, obligations and liabilities of the parties which shall have arisen or been incurred under this Agreement prior to its termination shall survive such termination. 12.Drawings. All drawings are the property of Seller. Seller does not surpply detailed or shop working drawings of the goods; however, Seller will supply necessary installation drawings. The drawings and bulletin illustrations submitted with Seller's quotation show general type, arrangement and approximate dimensions of the goods to be fumished for Buyer's information only and Seller makes no representation or warranty regarding their accuracy. Unless expressly stated to the contrary within the quotation or sales form, all drawings, illustrations, specifications or diagrams form no part of this Agreement. Seller reserves the right to alter such details in design or arrangement of its goods which, in its judgment, constitute an improvement in construction, application or operation. All engineering information necessary for installation of the goods shall be forwarded by Seller to Buyer to upon Buyer's acceptance of this Agreement. After Buyer's acceptance of this Agreement any changes in the type of goods, the arrangement ofthe goods, or application of the goods requested by Buryer will be made at Buyer's expense. Instructions necessary for installation, operating and maintenance will be supplied when the goods are shipped. 13.Proprietary Information, Injunction. Seller's designs, illustrations, drawings, specifications, technical data, catalogues, "know-how", economic or other business or manufacturing infonn on (collectively "Proprietary Information") disclosed to Buyer shall be deemed proprietary and confidential to Seller. Buyer agrees not to disclose, use, or reproduce any Proprietary Information without first having obtained Seller's express written consent. Buyer's agreement to refrain from disclosing, using or reproducing Proprietary Information shall survive completion of the work under this Agreement. Buyer acknowledges that its improper disclosure of Proprietary hrfommation to any third party will result in Seller's suffering irreparable harm. TERMS AND CONDITIONS OF SALE -NORTH AMERICA Page 3 of 3 (January 2015) Seller may seek injunctive or equitable reliefto prevent Buyer's unaurthorized disclosure. 14Installallon and Start-up. Unless otherwise agreed to in writing by Seller, installation shall be the sole responsibility of Buyer. Where start-up service is required with respect to the goods purchased hereuunder, it must be performed by Seller's authorized personnel or agents; otherwise, tine Warranty is void. In the event Buyer has engaged Seller to provide an engineer for startup supervision, such engineer will function in a supervisory capacity only and Seller shall have no responsibility for the quality of workmanship of the installation. In any event, Buyer understands and agrees that it shall furnish, at Buyer's expense, all necessary foundations, supplies, labor and facilities that might be required to install and operate the goods. I S.Specificafions. Changes in specifications requested by Buyer are subject to approval in writing by Seller. In the event such changes are approved, the price for the goods and the delivery sclmedule shall be changed to reflect such charnges. 16.Buyer Warranty. Buyer warrants the accuracy of any and all information relating to the details of its operating conditions, including temperatures, pressures, armd where applicable, the nahre of all hazardous materials. Seller can justifiably rely upon the accuracy of Buyer's information in its performance. Should Buyer's information prove inaccurate, Buyer agrees to reimburse Seller for any losses, liabilities, damages and expenses that Seller may have incurred as a result of any inaccurate information provided by Buyer to Seller. 17.Minimum Order. Seller reserves the right to refuse to process any order that does not meet quantity requirements that Seller may establish for any given product or group of products. 18.Quality Levels. Prices are based on quality levels cormnensurate with normal processing If a different quality level is required, Buyer must specify its requirements, as approved in writing by Seller, and pay any additional costs that may be applicable. 19Product Recalls. hi cases vvlmere Buyer purchases for resale, Buyer shall take all reasonable steps (including without limitation, those measures prescribed by the seller): (a) to ensure that all customers of the Buyer and authorised repairers who own or use affected products are advised of every applicable recall campaign of which the Buyer is notified by the Seller; (b) to ensure that modifications notified to Buyer by Seller by means of service campaigns, recall campaigns, service programmes or otherwise are made with respect to any products sold or serviced by Buyer to its customers or authorized repairers. The reimbursement of Buyer for parts and labor used in making those modifications shall be as set forth in the campaign or program instructions. Without the prior consent ofthe Seller, the Buyer shall not disclose to any third party the information contained in service campaign, recall campaign or service programme literature. Should Buyer fail to perform any ofthe actions required underthis section, Seller shall have the right to obtain names and address ofthe Buyer's customers and shall be entitledto get into direct Page 5 of 6 FLYGT a xylem brand contact which such customers. 19. GOVERNING LAW. THE TERMS OF THIS AGREEMENT AND ALL RIGHTS AND OBLIGATIONS HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF SELLER'S OFFICE TO WHICH THIS ORDER HAS BEEN SUBMITTED (WITHOUT REFERENCE TO PRINCIPLES OF CONFLICTS OF LAWS), THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL NOT BE GOVERNED BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. 20.Titles. The section titles are for reference only, and shall not limit or restrict the interpretation or conshuction ofthis Agreement. 21.Waiver. Seller's failure to insist, in any one or more instances, upon Buyer's performance of this Agreement, or to exercise any rights conferred, shall not constitute a waiver or relinquishment of any such right or right to insist upon Buyer's performance in any other regard. 22.Severability. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. Customer Acceptance: A signed facsimile copy of this quote is acceptable as a binding contract. Signature: Name: Email: Date: _ PO#: (PLEASE PRINT) Company/Utility, Address: Phone Fax: FLYGT a xylem brand Page 6 of 6