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HomeMy WebLinkAboutPacket - 02/16/2021 - City Council 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. AGENDA REGULAR CITY COUNCIL MEETING Tuesday, February 16, 2021, 7:00 p.m. In light of the current COVID-19 public health emergency, this meeting will be held remotely only. The public can observe and participate by connecting online via Zoom at https://cityofmchenry.zoom.us/j/96931688429 Or call 312-626-6799, Meeting ID: 969 3168 8429 1. Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Public Comments: If you wish to submit any public comment, please email: dmorefield@cityofmchenry.org in advance of the meeting. The City will read such public comments during the public commentary portion of the meeting and the comments will be entered into the official record of the meeting. Any comments received during the meeting will be provided in writing to the Council after the meeting. 5. Consent Agenda: Motion to Approve the following Consent Agenda Items: A. Ordinance amending Title 7; Motor Vehicles and Traffic, Chapter 2; General Regulations, Section 7-2-5, Operation of Non-Highway Vehicles on City Street by removing Section “I: Expiration” from the Ordinance; (Chief Birk) B. Ordinance amending Title 1, Chapter 6 of the Municipal Code for the City of McHenry, Illinois Regarding Rules for Meeting Attendance; (Attorney McArdle) C. Ratification of the Mayor’s exercise of his Executive Power to sign the BT McHenry LLC License Agreement dated 2/5/21 for temporary occupancy of the former K-Mart building as a Mass Vaccination Dispensing Site and the related Memorandum of Understanding with the McHenry Department of Health dated 2/8/21 to occupy the site for the same purpose. (Chief Birk) D. Resolution for Construction on State Highway; (Deputy Clerk Johnson) E. Waive competitive bidding and award a contract purchase order in the amount of $19,552.00 to Robert H. Ward & Associates for sprayed concrete curb repairs; (Director Strange) F. Pay application request #30 to William Brothers Construction, Inc. for the McHenry Wastewater Treatment Plant Improvements in the amount of $599,463.58; (Director Strange) G. February 1, 2021 City Council Meeting Minutes; H. Issuance of Checks in the amount of $251,840.10; I. Issuance of As Needed Checks in the amount of $397,622.25. 6. Individual Action Item Agenda. A. Motions to approve the following: (Director Martin, Mayor and City Council vote on all) a. An Ordinance annexing approximately 1.0 acre located at 908 S. Illinois Route 31 and 912 S. Illinois Route 31 in McHenry, Illinois; 1 b. An Ordinance annexing approximately 7.76 acres located east of Illinois Route 31 and south of Shamrock Lane in McHenry, Illinois; c. An Ordinance annexing approximately 3.90 acres located east of Illinois Route 31 and south of Bull Valley Road in McHenry, Illinois; and, d. An Ordinance annexing approximately 6.89 acres located east of Illinois Route 31 at Shamrock Lane in McHenry, Illinois; 7. Discussion Items. A. Lafarge update from Randi Willie regarding the status of the gravel pit. B. All Marine Retro Rental Expansion Proposal 8. Staff Reports. 9. Mayor’s Report. 10. City Council Comments. 11. Executive Session if Needed. 12. Adjourn. The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further information, please contact the Office of the City Administrator at 815-363-2108. 2 John R. Birk, Chief of Police McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 jbirk@ci.mchenry.il.us 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. CONSENT AGENDA SUPPLEMENT DATE: February 16th, 2020 TO: Mayor and City Council FROM: John R. Birk, Chief of Police RE: Ordinance 7-2-5: Operation of Non-Highway Vehicles on City Streets Attachments: Revised Ordinance 7-2-5 Operation of Non-Highway Vehicles on City Streets Overview: Staff is seeking City Councils approval and adoption of a revised City Ordinance to remove Section “I” Expiration” from City Ordinance 7-2-5, thus allowing for the continuation of the legal operation of non- highway vehicles on City streets. Staff is present to answer any further questions Council may have. Background: On March 2, 2020 City Council approved and adopted Ordinance 20-10 which established an ordinance Amending Title 7; Motor Vehicles and Traffic, Chapter 2; General Regulations, by adding Section 7-2-5, Operation of Non-Highway Vehicles on City Streets. Section “I. Expiration” of this ordinance allows for the automatic expiration of the ordinance on April 30th, 2021 unless action is taken by City Council to remove the expiration clause of the ordinance. The purpose of the expiration clause was so that Council could have the opportunity observe the use of the ordinance within the community review any issues that may have arisen from the ordinance. Analysis: During the 2020 calendar year the City issued a total of 50 Non-Highway Vehicle Registrations. During the operation period of May 1st through November 1st, the police department received no complaints, responded to no accidents and issued no citations or warning tickets in reference to the operation of non- highway vehicles on City streets. Recommendation: Therefore, if Council concurs, it is recommended that a motion be made to adopt the attached revised Ordinance Amending Title 7; Motor Vehicles and Traffic, Chapter 2; General Regulations, Section 7-2-5, Operation of Non-Highway Vehicles on City Street by removing Section “I: Expiration” from the Ordinance. 3 7-2-5 OPERATION OF NON-HIGHWAY VEHICLES ON CITY STREETS A. Definitions: For the purposes of this section, non-highway vehicle means a motor vehicle not specifically designed to be used on a public highway, including: 1. A golf cart, as defined in 625 ILCS 5/123.9; 2. A recreational off-highway vehicle, as defined in 625 ILCS 5/1-168.8. B. Operation: No person shall operate a non-highway vehicle on a City street except as set forth in this section. C. Registration: Each non-highway vehicle operating on a City street shall be registered with the City and display a City registration stickers and plate. This registration shall be valid from May 1st through November 1st of the year it was issued. Registrations shall not be transferable in the event of a change in ownership of the non-highway vehicle. Prior to issuance of a registration by the City, a non-highway vehicle must comply with the requirements set forth below. 1. An annual safety inspection shall be conducted by the McHenry Police Department or a designee authorized by the Chief of Police. 2. A non-highway vehicle must have, at minimum, the following operating equipment: a. Brakes; b. A steering apparatus; c. Tires; d. A rearview mirror; e. Red reflectorized warning devices in the front and rear; f. Seatbelts; g. A slow moving emblem (as required of other vehicles in 625 ILCS 5/12-709) on the rear of the non-highway vehicle; h. A headlight that emits a white light visible from a distance of five hundred (500) feet to the front and a tail lamp that emits a red light visible from at least one hundred (100) feet from the rear; i. Brake lights; and j. Turn signals. 3. A non-highway vehicle shall not have a modified exhaust system which will amplify or increase the noise of the non-highway vehicle above that emitted by the muffler originally installed on the non-highway vehicle. 4. Proof of valid insurance, as identified in 625 ILCS 5/7-601, et seq., must be provided for the non-highway vehicle and the registrant must agree to insure the non-highway vehicle while in use on City streets. 5. The registrant must agree and sign an indemnification form, releasing the City, its elected officials and its employees from liability and indemnifying and holding them harmless from any and all claims resulting from the operation of the non-highway vehicle. 4 6. A fee of one hundred dollars ($100.00) shall be paid for the initial annual safety inspection of each non-highway vehicle. A fee of fifty dollars ($50.00) for the annual re-inspection for the same non-highway vehicle under the same ownership each year thereafter shall be paid. D. Location: No person shall operate a non-highway vehicle except on a City street as permitted in this section and no person shall operate a non-highway vehicle on the streets and locations specifically prohibited in this section. The City approved interactive GIS Golf Cart / UTV Map can be found on the City’s website (www.cityofmchenry.org) which identifies the prohibited streets and locations along with permitted intersection crossings. 1. Permitted Streets: The operation of a non-highway vehicle shall be permitted on all City owned streets with a posted speed limit of 25 mph or less. In addition, the operation of a non-highway vehicle shall be permitted on the following streets at the specified locations: a. McCullom Lake Road from Blake Boulevard to Olde Mill Lane b. McCullom Lake Road between Pine Street and Kennedy Drive c. Crystal Lake Road between Front Royal and Lillian Street d. Cunat Drive between Bull Valley Road and Crystal Lake Road e. Municipal Drive 2. Prohibited Streets and Locations: The operation of a non-highway vehicle at the following locations is strictly prohibited: a. Green Street between John Street and Pearl Street b. Main Street between Front Street and Crystal Lake Road c. Pearl Street between Green Street and Richmond Road d. Pearl Street between Park Street and Lincoln Road (including Pearl Street Bridge) e. Riverside Drive between Miller Riverfront Park and Broad Street f. Waukegan Road east between Green Street and the end of the property located at 1110 N. Green Street g. All City-owned municipal parking lots within the Downtown Business District h. All City-owned Parks, sidewalks, walking paths and bicycle paths. i. All County Roads j. All Township Roads k. All State Highways 3. Designated Approved Intersections: It shall be unlawful for a non-highway vehicle to cross a prohibited street unless done so at one of the following authorized intersection crossings: a. Curran Road and Dartmoor Drive b. Front Royal Road and Crystal Lake Road c. Lillian Street and Crystal Lake Road d. Winding Creek Drive and Crystal Lake Road e. Dartmoor Drive and Crystal Lake Road f. Meadow Avenue and Elm Street (IL Route 120) 5 g. Lillian Street and Front Street (IL Route 31) h. Biscayne Road and Barreville Road i. McCullom Lake and Riverside Drive E. Time: A person may operate a non-highway vehicle on permitted streets from May 1st through November 1st each year from 6:00am to 9:30pm. The use of non-highway vehicles on City Streets between November 2nd and April 30th and afterhours is prohibited. F. Operation Regulations: The operation of a non-highway vehicle is subject to the following requirements: 1. Ability to travel at a speed of nineteen (19) miles per hour 2. Display of registration decals and rear registration plate; Non-highway vehicles registered with the City are issued two registration decals. The decals must be displayed on both sides of the machine by its own adhesive, in a position which is forward of the operator and visible to law enforcement. Operators should carry all necessary registration cards and paperwork with them for display to a law enforcement officer upon request. In addition, all non-highway vehicles registered as public use will be required to furnish a rear plate that displays the registration number. Plates can be created or purchased at owner’s expense. Plate specifications: a. The plate must be a minimum of 4" in height and 7 1/2" wide and made of white material. b. The registration number must be made of black lettering a minimum of 1 1/2" high with a minimum 3/16" stroke. c. Only the four registration numbers and two letters need to be on the plate. The registration number can be found on both the decals issued by the City. d. The owner must maintain the plate so it is in legible condition; and the plate shall be attached to the rear of the vehicle. 3. Valid driver’s license by the operator of the non-highway vehicle issued in his or her name by the Illinois Secretary of State or by a foreign jurisdiction; 4. The operator shall yield the right of way to all pedestrian and vehicular traffic which constitutes a hazard; 5. Compliance with the provisions of the Illinois Vehicle Code (625 ILCS 5/1-100, et seq., as amended) to include all speed limits and rules of the road; 6. No operation shall occur when visibility is impaired by weather, smoke, or other conditions or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of five hundred (500) feet; 6 7. The number of occupants shall not exceed the number of seatbelts in the non-highway vehicle; and 8. Headlight and tail lamps must be lighted at all times when operating on City streets. G. Driving Under the Influence: A person who operates or is in actual physical control of a non-highway vehicle while under the influence of alcohol, drugs or a combination thereof shall be subject to enforcement through the Illinois Vehicle Code. H. Violation; Penalty: 1. Any person violating this section shall be subject to a citation and imposition of a fine up to $750 plus any attorney’s fees incurred by the City for the prosecution of the case. 2. Any person who is cited for a violation of the Illinois Criminal Code or Illinois Vehicle Code while using their non-highway vehicle in McHenry , including no valid license, suspended/revoked license, reckless driving and driving under the influence which results in arrest shall result in an automatic temporary suspension of any City registrations and, upon a finding of guilty of a violation, shall result in an automatic revocation of any City registration. 3. Any person who has been issued two (2) or more citations for violations of this section within a twelve (12) month period shall result in an automatic temporary suspension of any City registrations, and, upon a finding of guilty of a violation, shall result in an automatic revocation of any City registrations for a minimum of twelve (12) months. I. Expiration: This section 7-2-5 expires on April 30th, 2021 unless otherwise extended by the City Council prior to the expiration. 7 ORDINANCE NO. 21- Amending Title 7, Motor Vehicles and Traffic, Chapter 2, General Regulations, Section 7-2-5: Operation of Non-Highway Vehicles on City Street WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Subsection 7-2-5 I. shall be deleted in its entirety. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 16th day of February, 2021. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman Mihevc _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Schaefer _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 8 Monte Johnson Deputy City Clerk 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org 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. CONSENT AGENDA ITEM DATE: February 16, 2021 TO: Mayor and City Council FROM: David McArdle RE: Ordinance Regarding Rules for Meeting Attendance AGENDA ITEM SUMMARY: Attached is an ordinance amending the City Code to add provisions for remote meeting attendance (in the absence of a physical quorum) consistent with the Open Meetings Act, as it was amended last year. The Ordinance supplements the existing telephone attendance rules for individual members, by stating that when the OMA permits, the Village can have remote attendance without a physical quorum. If the OMA is amended in the future regarding this type of meeting, the amendments should be automatically reflected in the code without further changes. The Ordinance also deletes telephonic attendance rules from an earlier section of the code governing rules for meeting attendance, since the telephonic attendance rules were duplicated in that section and in the section that this amends. 9 An Ordinance Amending Title 1, Chapter 6 of the Municipal Code for the City of McHenry, Illinois Regarding Rules for Meeting Attendance, Page 1 ORDINANCE NO. __________ An Ordinance Amending Title 1, Chapter 6 of the Municipal Code for the City of McHenry, Illinois Regarding Rules for Meeting Attendance 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, the Illinois legislature has amended the Illinois Open Meetings Act to permit remote attendance at public meetings without the physical presence of a quorum when certain conditions have been met; and WHEREAS, the Mayor and City Council wish to ensure that the McHenry Municipal Code reflects and incorporates this authority. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Title 1, Chapter 6, Section 1-6-3(J), which is duplicative of material elsewhere in the code, shall be deleted, and the remainder of Section 1-6-3 shall be renumbered accordingly. SECTION 2: Title 1, Chapter 6, Section 1-6-6 shall be amended to read as follows (with new text underscored): 1-6-6: MEETING ATTENDANCE BY AUDIO OR VIDEO CONFERENCING WHEN A QUORUM IS PHYSICALLY PRESENT: In addition to holding meetings pursuant to the Open Meetings Act, meetings held by any board or commission of the City shall be subject to the following rules: A. Remote Attendance by Individual Members: 1. A quorum of the board/commission shall be physically present at the location of an open or closed meeting. 2. Provided a quorum is physically present, a member may be allowed to attend the meeting by audio or video conferencing. 3. Any member who wished to be considered present at a meeting via audio or video conference may make such a request to the board/commission by notifying the Clerk via the City Administrator prior to the meeting, unless advance notice is impractical, that the member cannot physically attend the meeting for one of the following reasons: (a). Personal illness or disability; 10 An Ordinance Amending Title 1, Chapter 6 of the Municipal Code for the City of McHenry, Illinois Regarding Rules for Meeting Attendance, Page 2 (b). Employment purposes or City business; or (c). A family or other emergency 4. An affirmative vote by a majority of the board/commission physically present may allow a member to attend a meeting as provided herein. 5. The Secretary shall record in the minutes of every meeting the members physically present, absent and present by audio or video conference. B. REMOTE ATTENDANCE WITHOUT A QUORUM PHYSICALLY PRESENT IN THE EVENT OF A DISASTER DECLARATION: Notwithstanding the provisions of Section A above, any open or closed meeting of any City body subject to the requirements of the Illinois Open Meetings Act (5 ILCS 120) may be conducted by audio or video conference, without the physical presence of a quorum of the members, so long as the requirements of the Illinois Open Meetings Act (as may be amended) for such meetings have been met. SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Ayes Nays Absent Abstain Alderman Harding Alderman Devine Alderman Glab Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer APPROVED: Mayor Wayne Jett (SEAL) ATTEST: City Clerk Trisha Ramel Passed: ___________________________ Approved: ___________________________ Z:\M\McHenryCityof\Ordinances\Remote Attendance.Amending Title 1, Ch 6. Rule for Mtg Attendance.doc 11 C E R T I F I C A T I O N I, Trisha Ramel, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the day of , 2021, the foregoing Ordinance entitled An Ordinance Amending Title 1, Chapter 6 of the Municipal Code for the City of McHenry, Illinois Regarding Rules for Meeting Attendance is duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the day of 2021, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of 2021. Trisha Ramel, Clerk City of McHenry, McHenry County, Illinois (SEAL) 12 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ccityofmchenry.org 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. CONSENT AGENDA ITEM DATE: February 16, 2021 TO: City Council FROM: Monte Johnson RE: Mass Vaccination Dispensing Site AGENDA ITEM SUMMARY: Staff and Mayor Jett have worked to secure the former K-Mart building as a Mass Vaccination Dispensing Site. Attached you should find the license agreement with BT McHenry, LLC, for the use of the site, and a Memorandum of Understanding with the McHenry County Board of Health. Chief Birk should be able to answer any questions regarding the plan and these documents. Per Attorney McArdle, the following is the motion for action at the City Council Meeting: Ratification of the Mayor’s exercise of his Executive Power to sign the BT McHenry LLC License Agreement dated 2/5/21 for temporary occupancy of the former K-Mart building as a Mass Vaccination Dispensing Site and the related Memorandum of Understanding with the McHenry Department of Health dated 2/8/21 to occupy the site for the same purpose. 13 14 15 16 17 18 19 20 21 22   McHenry Municipal Center  333 Green Street  McHenry, Illinois 60050  Phone: (815) 363‐2100  Fax: (815) 363‐2119      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.    CONSENT AGENDA SUPPLEMENT    DATE:  February 16, 2021     TO:  Mayor and City Council    FROM:  Monte Johnson    RE: Resolution for Construction on State Highway      IDOT is requiring the City to pass the attached resolution for work in the state right of way. Below  is their explanation on why this needs to be passed:    Chapter 121 of the Illinois revised statutes requires that any person, firm or corporation desiring  to do work on state‐maintained rights of way must first obtain a written permit from the Illinois  Department of Transportation. This includes any emergency work on broken watermains or  sewers.     A surety bond is required with each permit application to ensure that all work is completed in  accordance with state specifications and that the right of way is properly restored. For permit  work to be performed by employees of a municipality a resolution is acceptable in lieu of the  surety bond. This resolution does not relieve contractors hired by the municipality from  conforming with the normal bonding requirements nor from obtaining permits. The resolution  should be enacted for a period of two years. This procedure will save time and effort as well as  reduce the annual paperwork associated with an annual resolution.     In order to expedite the issuance of permits to your municipality during the next two calendar  years the attached sample resolution should be adopted and a signed and certified copy thereof  returned to this office. This resolution does not constitute a blanket permit for work in the State  system. A separate application must be made in each instance. In the case of an emergency,  verbal authority may be given prior to receipt of the written application.  23 RESOLUTION NO. 21- Whereas, the hereinafter referred to as the City of McHenry, located in the County of State of Illinois, desires to undertake, in the years of 2021 and 2022 the location, construction, operation and maintenance of driveways and street returns, watermains, sanitary and storms sewers, street lights, traffic signals, sidewalk, landscaping etc., on State highways, within said MUNICIPALITY, which by law and/or agreement come under the jurisdiction and control the Department of Transportation of the State of Illinois hereinafter referred to as Department, and, Whereas, an individual working permit must be obtained from the Department prior to any of the aforesaid installations being constructed either by the MUNICIPALITY or by a private person of firm under contract and supervision of the MUNICIPALITY. NOW, THREFORE, be it resolved by the MUNICIPALITY: FIRST:That MUNICIPALITY hereby pledges its good faith and guarantees that all work shall be performed in accordance with conditions of the permit to be granted by the Department, and to hold the State of Illinois harmless during the prosecution of such work, and assume all liability for damages to person or property due to accident or otherwise by reason of the work which it to be performed under the provision of said permit. SECOND: That all authorized officials of the MUNICIPALITY are hereby instructed and authorized to sign said working permit on behalf of the MUNCIPALITY. Passed this 16th day of February, 2021. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman Mihevc _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Schaefer _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk I, Monte Johnson, hereby certify the Above to be true copy of the resolution passed by the MUNICIPALITY, Dated, this 16th day of February, 2021. Corporate Seal By:__________________________ Monte Johnson, Deputy City Clerk 24 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org 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. CONSENT AGENDA SUPPLEMENT DATE: February 16, 2021 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: 2021 Road Program Locations, Shotcrete Concrete Repairs ATT: City of McHenry Purchase Order Form Ward & Associates Proposal Contract Special Provisions Project Location Map AGENDA ITEM SUMMARY: Staff requests City Council to consider waiving competitive bidding and awarding a contract purchase order for shotcrete curb repairs to Robert H. Ward & Associates, Inc. in an amount of $19,552.00. BACKGROUND: In an effort to increase productivity and efficiency of the asphalt paving portions of the annual Road Resurfacing Program, staff has been experimenting with different products to reduce the amount of subcontracted non-asphalt work completed on the major resurfacing contract. The most significant source of additional expenditures is concrete repairs including curb removal and replacement, concrete sidewalk panel replacements, and sidewalk intersection ramps. Concrete sidewalk ramps for the 2021 Road Resurfacing Program locations are being completed “in-house” by Public Works Street Division staff between the fall of 2020 and spring of this year. Curb repairs are being completed in advance of the project through the use of a private contractor which specializes in sprayed concrete curb repairs. By utilizing this technique the lineal footage of removals required for repairs is significantly reduced due to the targeted nature of the repairs. By completing this work in advance of the asphalt resurfacing portion of the project, staff is anticipating more competitive asphalt pricing, lower traffic control costs, and an expedient construction process. In fall of 2020, sprayed concrete curb repairs for portions of the 2021 Road Resurfacing Program located in the Green Valley Subdivision were quoted and completed for less than $10,000 in contractual expenses which did not require approval by City Council. This product has proved to be successful and is being utilized for additional portions of the program. The total of the previously completed work and the work currently proposed is in excess of staff approval limits and competitive bidding thresholds and is thus being brought before City Council. The total of the two contract purchase orders executed with Robert H. Ward & Associates for this work will be approximately $30,000.00. Staff is bringing this purchase order 25 before Council in order to brief City Council on the developments of this program and to ensure transparency and compliance with City purchasing policies. The pool of contractors which perform curb repairs utilizing this technique is small due to the nature of this work. Due to this contractor’s successful past performance of this work and the relatively small total of this contract, staff is recommending the waiver of competitive bidding. ANALYSIS: Staff has requested the attached unit price proposal from Robert H. Ward & Associates for the completion of shotcrete curb repairs at various locations. The quotation has been reviewed by staff and has been found to be acceptable. RECOMMENDATION: Therefore, if Council concurs, it is recommended to waive competitive bidding and to award a contract purchase order in the amount of $19,552.00 to Robert H. Ward & Associates for sprayed concrete curb repairs. This amount will be paid for utilizing General Funds dedicated from the Public Works Street Division Contractual Services Account (100-33-5110). 26 1 CITY OF MCHENRY PURCHASE ORDER - CONSTRUCTION (Small Projects) Date: February 16_______, 2021_ Purchase Order No.___________________________________________ Project: Winding Creek Subdivision Curb Repair Location: Winding Creek Subdivision Owner Contractor/Vendor Architect/Engineer City of McHenry 333 South Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 Contact: Derik Morefield, City Administrator Robert H. WARD & Assoc, Inc. 3300 Holeman Ave So. Chicago Heights, IL 60411 Phone: 708-756-0767 Fax: 708-756-0940 Contact: Brad Rago Phone: Fax: Contact: COST OF WORK The Contract Price of the Work under this Purchase Order is $19,552. SCOPE OF WORK: Furnish the Work/items described below in accordance with the following plans and specifications: Q General Contract, dated _________, 20__ Q Specification No(s): ___________________, dated ______, 20__ Q Plans dated : Q Addendum No(s): ______________________________________ Q Other: Letter proposal dated 8-13-20 (Exhibit A) The following prices shall remain in effect for the duration of project: QUANTITY UNIT OF MEASURE DESCRIPTION/ITEMS LUMP SUM UNIT PRICE EXTENSION 416 LF Provide all labor, materials and equipment necessary for construction/installation of: Shotcrete curb repair method per attached specification (Exhibit B). Estimated production of 1.3LF per crack. Actual production based on site conditions and field measurements. Measurement to be along the curb line (parallel). $47/LF $19,552 TOTAL $19,552 NOTES: 1) Location Map attached with approximately 320 individual locations. 2) Final price based on actual quantities installed NOT TO EXCEED. 3) Contractor shall be responsible to monitor quantities as work progresses and no compensation will be paid for any work over the approved purchase order price of $19,552. WARRANTIES and INDEMNIFICATION Contractor/Vendor agrees to provide the following warranties for the Work: (a) all workmanship to be warranted for a period of one (l) year - manufacturer warrants material; and (b) all other warranties contained elsewhere in the Contract Documents or Supplemental Conditions hereto. Further, CONTRACTOR/VENDOR SHALL FULLY INDEMNIFY AND SAVE THE CITY OF MCHENRY HARMLESS FROM ALL CLAIMS, LIENS, FEES, AND CHARGES, AND THE PAYMENT OF ANY OBLIGATIONS ARISING THEREUNDER, pursuant to the provisions in the Supplemental Conditions hereto. CONTRACT TIMES Contractor/Vendor agrees to commence in a timely manner and to complete the Work no later than May 1, 2021. Time is of the essence. THE TERMS OF THIS PURCHASE ORDER AND THE ATTACHED SUPPLEMENTAL CONDITIONS ARE THE ENTIRE AGREEMENT BETWEEN THE CITY/OWNER AND VENDOR. No payment will be issued unless a copy of this Purchase Order is signed, and dated and returned to the Owner. Material certifications/test reports required. All domestic material, unless otherwise specified. Purchase exempt from sales and/or use taxes. 27 2 ACCEPTANCE OF PURCHASE ORDER The parties, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of all terms and provisions herein contained. IN WITNESS WHEREOF, the parties hereto have executed this Purchase Order the day and year written below. CONTRACTOR/VENDOR: PURCHASER: City of McHenry By: ________________________________________________ Title: Representative of Vendor authorized to execute Purchase Order Dated: _______________________________________________ SUPPLEMENTAL CONDITIONS 1. Acceptance of Purchase Order: The Purchase Order is an offer to contract, buy or rent and not an acceptance of an offer to contract, sell or rent. Acceptance of this Purchase Order is expressly limited to the terms hereof, and in the event that Contractor/Vendor’s acknowledgment or other response hereto states terms additional to or different from those set forth herein, this Purchase Order shall be deemed a notice of objection to such additional or different terms and rejection thereof. This Purchase Order may be accepted by the commencement of any Work hereunder or the delivery of any goods herein ordered, and, in any event, shall be deemed accepted in its entirety by Contractor/Vendor unless Owner is notified to the contrary within ten (10) days from its date of issue. 2. Amendment, Modification or Substitution: This Purchase Order contains the entire agreement between the parties. Any modification or rescission thereof must be in writing and signed by Owner. No proposals or prior dealings of the parties or trade custom not embodied herein shall alter the interpretation or enforcement of this Purchase Order. 3. Familiarity With Plans; Qualifications: Contractor/Vendor acknowledges that it (a) has examined the site of the proposed Work and is familiar with the conditions surrounding same; and (b) has examined the plans and drawings, and has studied and is aware of, and satisfied with, the requirements of the Contract Documents. Contractor/Vendor represents to Owner that it is fully experienced and properly qualified as an expert to perform the class of work provided for herein, and that it is properly equipped, organized and financed to handle such work. Contractor/Vendor shall finance its own operations hereunder, shall operate as an independent contractor and not as the agent of Owner, and shall hold Owner free and harmless from all liability, costs and charges by reason of any act or representations of Contractor/Vendor, its agents or employees. 4. Workmanship; Safety: All Work shall be performed by Contractor/Vendor in a neat, skillful and workmanlike manner, and all materials furnished by Contractor/Vendor shall be new and of the best description and quality of their respective kinds, unless otherwise specified and ordered by Owner in writing. All Work and/or materials shall be subject to the inspection and approval of the Owner, its engineers and representatives. Contractor/Vendor is responsible for its own and its employees’ activities on the jobsite, including but not limited to, the methods of work performance, superintendence, sequencing of work, and safety in, on or about the jobsite area in which it is performing the Work under this Purchase Order. Owner and Contractor/Vendor shall not require any laborer or mechanic employed in performance of this Purchase Order to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to his health or safety, as determined under applicable federal and Illinois construction safety and health standards 5. Extra’s and Change Orders: No claim by Contractor/Vendor that any instructions, by drawing or otherwise, constitute a change in Contractor/Vendor’s performance hereunder, for which Contractor/Vendor should be paid additional compensation shall be valid, unless prior to commencing such allegedly extra or changed performance, Contractor/Vendor shall have received a written supplement to this Purchase Order authorizing such performance signed on behalf of Owner by a person have actual authority to do so. No claim for additional compensation on the basis that Contractor/Vendor has incurred any expense by reason of any act or failure to act or Owner or its contractor, subcontractor, materialmen or any other party shall be valid unless made in writing within 30 days of the alleged act or failure to act and approved by Owner, provided, however, that if the Contractor/Vendor should be delayed in furnishing the articles, items, equipment or materials (hereinafter sometimes referred to as “goods”) or services or Work (hereinafter sometimes referred to as “Work”) ordered herein, by the omission, neglect or default of Owner, its agents or employees, Contractor/Vendor shall be entitled to no additional compensation or damages for such delay, and shall be entitled only to an extension of time for a period equal to the time lost as a result of the aforesaid causes, determined by Owner. Any charges for extra not so authorized will not be paid. 28 3 6. Inspection and Acceptance: Owner shall have the right at all reasonable times to inspect and test all goods, materials or Work furnished by Contractor/Vendor and all Work performed or furnished by Contractor/Vendor. Notwithstanding any prior inspection, the passage of title or any prior payment, all goods, material and Work furnished thereunder are subject to final inspection and acceptance by Owner at its job site. If, after inspection, Owner rejects any goods furnish by Contractor/Vendor thereunder, Owner may, at its election, return those goods to Contractor/Vendor at Contractor/Vendor’s expense, including the cost of any inspection and testing thereof. If Contractor/Vendor fails to proceed promptly with the correction or replacement of any rejected goods or Work, Owner may replace or correct such items or Work by purchase or manufacture and charge the cost incurred thereby to Contractor/Vendor or terminate this Purchase Order for default in accordance with paragraph 12 herein. By inspecting and not rejecting any goods and Work furnished thereunder, Owner shall not be precluded thereby from subsequently revoking its acceptance thereof it the goods or Work are later discovered to be nonconforming with this Purchase Order or the specifications and drawings applicable hereto, even if the defect does not substantially impair value to Owner. 7. Taxes, Delivery, Risk of Loss: Unless indicated to the contrary on the face hereof, it shall be the responsibility of Contractor/Vendor to arrange for and complete delivery of all goods or materials. If the goods or materials furnished thereunder are equipment, Contractor/Vendor shall give Owner two (2) working days’ advance notice of delivery. All goods or materials furnished by Contractor/Vendor should be shipped in the manner and at the times indicated on the face hereof at the expense of Contractor/Vendor, it being understood that the risk of loss with respect to such goods is with Contractor/Vendor until such goods come into the actual possession of Owner, regardless of the mode of delivery or earlier passage of title. This project is tax exempt. The Owner’s tax-exempt number is E_______________________________. 8. Payment : Owner will make partial payments to the Contractor/Vendor from time to time for the Work performed and the materials furnished by the Contractor/Vendor. Provided, however, in no event shall Owner be obligated to pay Contractor/Vendor any sum that exceeds the Contract Price absent a written change order executed by Owner. 8.1 Prior to issuance of any payments by the Owner to the Contractor/Vendor, the Contractor/Vendor shall furnish to the Owner (in a form suitable to the Owner) an application for the payment then due, together with receipts, waivers of claim and other evidence showing the Contractor/Vendor’s payments for materials, labor and other expense incurred in the Contractor/Vendor’s Work hereunder. The Owner will, at all times, be entitled to retain ten percent (10%) of all monies due and owing to the Contractor/Vendor as a part security for the faithful performance of this Agreement. This ten percent (10%) so withheld will not be paid to the Contractor/Vendor until the Owner has issued to the Contractor/Vendor a final acceptance of the Project. 8.2 Owner may withhold the whole or any part of any payment due to the Contractor/Vendor to the extent necessary to protect and indemnify the Owner from loss on account of (a) defective Work not remedied; (b) claims filed or reasonable evidence indicating probable filing of claims; (c) failure of the Contractor/Vendor to make payments promptly for material or labor; or (d) Contractor/Vendor’s failure to furnish Owner with all written warranties and operational manuals for the Work. 8.3 Contractor/Vendor hereby authorizes the OWNER (1) to deduct from any amount due or becoming due the Contractor/Vendor under this Agreement for all amounts owing from the Contractor/Vendor to (a) the Owner for back-charges or services furnished for the account of the Contractor/Vendor; (b) the Owner for damages sustained whether through negligence of the Contractor/Vendor or through failure of the Contractor/Vendor to act as may be otherwise detailed herein; (c) materialmen; (d) subcontractors; (e) laborers; and (f) others for services and materials furnished to the Contractor/Vendor for the Work performed under this Agreement, and (2) to apply the amount so deducted to the payment of said materials, services, damages or back-charges applying such monies so available in the order hereinbefore set forth. 8.4 Owner, without invalidating this Agreement, may make changes by altering, adding to or deducting from the Work to be performed. The value of any such changes will be determined as follows: (a) by the unit prices named in this Agreement, if any; or (b) by agreement in writing between the Owner and the Contractor/Vendor as to the value of the time and materials for the changes in the Work. In any event, the Contractor/Vendor will keep and present, in any form as the Owner may direct, a correct account of the net cost of any extra labor and materials, together with vouchers referring to the same. 8.5 Notwithstanding the payment in full for the Work hereunder, the Contractor/Vendor will be liable to repair or replace any imperfect workmanship or other faults; and if the Contractor/Vendor fails to repair or replace the imperfect workmanship or other faults, the Owner may do the Work and recover from the Contractor/Vendor the cost and expense thereof. No payment on account will be construed or considered as an approval of the Work for which payment is made. 9. Contractor/Vendor Warranty: Contractor/Vendor warrants in addition to all warranties which are imposed or implied by law or equity that all materials and Work furnished thereunder (a) shall confirm to any specifications and drawings applicable to this Purchase Order; (b) shall be merchantable and of good quality and workmanship; (c) shall be fit for the purpose intended as well as the propose for which such goods, materials or Work are generally used; and (d) except for rented equipment, shall be free from defects for a period of one (1) year, or such longer period as is specified in the Scope of Work or Contract Documents, from the date such Work is performed or such materials are utilized or installed, and if installed as part of a structure or utilized equipment, for one (1) year or such longer period as is specified in the Contract Documents, from the date any such goods, materials or Work hereunder is accepted in writing by Owner. Contractor/Vendor expressly agrees that the statute of limitations with respect to Contractor/Vendor’s warranties shall begin to run on the date of acceptance by Owner. 29 4 10. Insurance and Bonds: Contractor/Vendor shall at all times maintain business automobile, commercial liability and workers compensation insurance covering its work and all obligations under this Purchase Order, and shall name the Owner as an additional insured on its commercial liability insurance policies for Contractor/Vendor operations under this Purchase Order. Liability insurance limits shall be in an amount sufficient to protect the Owner’s interests as they may appear herein, but in no event less than $1,000,000.00 per occurrence. Contractor/Vendor shall furnish and pay for surety bonds and with surety or sureties satisfactory to Owner, guaranteeing the full performance of all of the conditions and terms hereof and guaranteeing that Contractor/Vendor shall promptly pay for all labor, materials, supplies, tools, equipment and other charges or costs of Contractor/Vendor in connection with the Work. Such performance and payment bond shall be in an amount determined by Owner. 11. Indemnity: The Parties hereby agree to indemnify, and hold each other, their respective direct and indirect parents and subsidiaries, project manager, any of their affiliated entities, successors and assigns and any current or future director, officer, employee, partner, member or agent of any of them (the “Indemnitees”) harmless from any and all claims , demands, liability, loss, damage, fines, penalties, attorney’s fees and litigation expenses (collectively “Loss”) arising out of injury to, including the death of, persons and/or damage to property, to the extent caused by the negligent acts or omissions of the party providing such indemnification. Further: 11.1 Contractor/Vendor acknowledges that any such items or Work furnished hereunder may include in whole or in part with or without modification or improvements in equipment, machinery or items constructed by Owner, and that should such item or Work prove defective such charges claimed by Owner shall include consequential damages, penalties, taxes or assessments (including punitive damages), including counsel fees and the costs of defense, which may be imposed or incurred under any federal, state or local low, ordinance or regulation upon or with respect to (a) the payment of compensation to any individual employed by Contractor/Vendor; (b) any discrimination against any individual employed by Contractor/Vendor on the basis of race, color, religion, sex, national origin or physical or mental handicap; (c) the protection of purchasers and users of consumer products; or (d) occupational safety and health. 11.2 In any and all claims against Owner or any of its agents or employees, by any employee of Contractor/Vendor, the indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor/Vendor under workers compensation acts, disability benefits acts or employee benefit acts, or other applicable law. Contractor/Vendor assumes the entire liability for its own negligence, and as part of this Agreement waives all defenses available to Contractor/Vendor as an employer which limit the amount of Contractor/Vendor’s liability to Owner to the amount of Contractor/Vendor’s liability under any workers compensation, disability benefits or employee benefit acts. 12. Patents: Contractor/Vendor warrants that (a) goods furnished thereunder, and the sale and use thereof, shall not infringe any valid United States patent or trademark; and (b) Contractor/Vendor shall indemnify Owner for its costs to defend any suit instituted against Owner, its agents or customers, charging infringement of any United States patent or trademark by virtue of the possession, use or sale of any goods furnished thereunder is enjoined because of patent infringement. Contractor/Vendor within a reasonable amount of time shall at Contractor/Vendor’s expense procure for Owner its agents or customer, the right to continue using such goods with non- infringing goods or modify such goods so that they become non-infringing or remove such goods and refund to Owner any sums paid therefore, including transportation and installation charges. 13. Cancellation: Time of delivery of this Purchase Order is of the essence and Owner may, by written notice of default to Contractor/Vendor, cancel the whole or any part of this Purchase Order (a) if Contractor/Vendor fails to make delivery of the goods or perform the services within the time specified herein or any extensions thereof; or (b) if Contractor/Vendor fails to perform or so fails to make progress as to endanger performance thereunder, and in either circumstance does not cure such failure within a period of two (2) days after receipt of notice from Owner specifying such failure. Owner, by written notice to Contractor/Vendor, may cancel the whole or any part of this Purchase Order when it is in the best interest of Owner or when Owner has been notified of modification of the specifications pertaining thereto. If this Purchase Order is so canceled, the Contractor/Vendor shall be compensated as follows: (a) for materials delivered and services performed, the reasonable value as part of the Contract Price; (b) for materials not identified to this Purchase Order and service not performed, no compensation; and (c) for Contractor/Vendor’s lost profits or incidental or consequential loss, no compensation. 14. Remedies: Contractor/Vendor shall, for the duration of its warranties under paragraph 9 herein, at the discretion of Owner and at the expense of Contractor/Vendor, replace, repair and insure any and all faulty or imperfect goods, materials or Work furnished or performed by Contractor/Vendor thereunder. In the event Contractor/Vendor fails to do so, Owner may furnish or perform the same, and may recover from Contractor/Vendor the cost and expense directly or indirectly resulting there from, including all consequential damages but not limited to the cost or expense of inspection, testing, removal, replacement, re-installation, destruction of other materials resulting there from, any increased cost or expense to Owner in its performance under contracts with others, and reasonable attorneys fees incurred by the Owner in connection with Vendor’s default and Owner’s enforcement of its rights under this Purchase Order. The foregoing remedies shall be available in addition to all other remedies available to Owner in equity or at law including the Uniform Commercial Code. 30 5 15. Compliance With Laws: During the performance hereunder, Contractor/Vendor agrees to give all notices and comply with all Laws and Regulations of the United States and/or the State of Illinois applicable to the performance of the Work, including but not limited to those Laws and Regulations regarding the payment of prevailing wages, non-discrimination laws, employment of Illinois workers, labor, wage and collective bargaining. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Contractor/Vendor’s compliance with any Laws or Regulations. 16. Notices: All notices, demands, requests or other communications which may be or are required to be given, served, or sent by any party to any other party pursuant to this Purchase Order shall be in writing and shall be hand delivered, or sent by courier, or via facsimile with confirmation to the addresses shown on the Purchase Order. 17. Records, Reports and Information: Contractor/Vendor agrees to furnish Owner with reports and information regarding the Work performed under this Purchase Order, at such times as Owner may reasonably request, making full disclosure of efforts made by Contractor/Vendor and the results thereof. Contractor/Vendor agrees to maintain records, documents, and other evidence which will accurately show the time spent and Work performed under this Purchase Order for a minimum period of five (5) years after completion of the Work, and such records shall be subject to audit by the Owner upon reasonable advance notice to Contractor/Vendor on a mutually agreed date and time. 18. Assignment: Contractor/Vendor shall not assign this Purchase Order without written consent of Owner. Owner may unilaterally assign its rights under this Purchase Order upon reasonable notice to Contractor/Vendor. 19. Waiver: Either party’s failure to insist in any one or more instances, upon the strict performance of any provision hereof or to exercise any right hereunder shall not be deemed to be a waiver or relinquishment of the future performance of any such provision or the future exercise of such right, but the obligation of Contractor/Vendor and Owner with respect to such future performance shall continue in full force and effect. 20. Controlling Law, Severability: The validly of this Purchase Order or any of its provisions and the sufficiency of any performance thereunder shall be determined under the laws of Illinois. Venue shall be in McHenry County, Illinois. The Owner is entitled to recover its reasonable attorneys’ fees incurred in enforcing the terms of this Purchase Order. If any provision or requirement of this Purchase Order is declared or found to be unenforceable that balance of this Purchase Order shall be interpreted and enforced as if the unenforceable provision or requirement was never a part hereof. 21. Arbitration: Claims, disputes or other matters in question between the parties arising out of or relating to the Work under this Purchase Order or breach thereof shall be subject to and decided by Arbitration in accordance with the American Arbitration Association Construction Industry’s Arbitration Rules. Arbitration shall take place at City of McHenry City Hall. CONTRACTOR/VENDOR: _____________________________________________________________ ____________________________________ Date 31 32 33 34 35 36 0 FT 1000 FT BULL VALLEY ROADCRYSTAL LAKE ROAD3737 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org 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. CONSENT AGENDA SUPPLEMENT DATE: February 16, 2021 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works Greg Gruen, P.E., Staff Engineer RE: McHenry Wastewater Treatment Plant Improvements Pay Application #30 ATT: HR Green, Inc. Pay Application #30 Recommendation ______________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to approve pay application #30 for the McHenry Wastewater Treatment Plant Improvements to Williams Brothers Construction, Inc. in the amount of $599,463.58. BACKGROUND: Williams Brothers Construction is requesting $599,463.58 for work performed as of January 31, 2021 on the McHenry Wastewater Treatment Plant Improvements. HR Green has reviewed the pay application, partial waiver of lien and certified payroll and found all documents to be in general conformance with the State Revolving Fund (SRF) loan requirements. HR Green and City Staff recommend approval of pay application #30. SRF loan procedures require City Council to approve this pay application prior to Illinois Environmental Protection Agency (IEPA) disbursement of funds. Once the City receives the SRF loan disbursement, the City will pay Williams Brothers Construction’s request for pay application #30. As of January 31, 2021 pay applications #1 thru #30 total $30,504,406.79. Pay application #30 is the penultimate pay request. The next pay request will be the final request from the contractor. Staff’s current projections relative to the loan are as follows: Total Loan Amount: $33,600,000.00 Engineering: ($2,768,188.00) Construction Costs Pay Requests #1-#30: ($30,504,406.79) 38 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. Future FINAL Pay Request #31: ($96,722.84) Under/(Over) Loan Amount: $230,682.38 Under Total Loan Amount The total project cost will be approximately $230,000 under budget. The UV filters, disc filters and valve automation associated with Change Order #2 are approximately 80% complete. Project close out is anticipated in the next 60-90 days. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve pay application request #30 to Williams Brothers Construction, Inc. for the McHenry Wastewater Treatment Plant Improvements in the amount of $599,463.58. 39 420 North Front Street | Suite 100 | McHenry, IL 60050 Main 815.385.1778 + Fax 815.385.1781 HRGREEN.COM January 31, 2021 Mr. Troy Strange, PE Director of Public Works City of McHenry 1415 Industrial Drive McHenry, Illinois 60050 RE: McHenry Wastewater Treatment Plant Improvements Pay Application Request #30 HR Green Job No.: 86130341.03 Dear Mr. Strange, Attached is Pay Application #30 from Williams Brothers Construction, Inc. for the McHenry Wastewater Treatment Plant Improvements Project. Williams Brothers Construction, Inc. is requesting an amount of $599,463.58 for the work performed as of January 31, 2021 related to Change Order #2. HR Green has reviewed the remaining documents in this submittal (partial/final waiver of liens) and found them to be in general conformance with the SRF loan requirements. At this time, HR Green recommends the City approve this Pay Applications in the amount of $599,463.58 which leaves a balance, including retention, of $96,722.84 on the project. Upon approval, the pay application will be sent to the IEPA for approval and disbursement of funds from the City’s SRF loan. After approval, please sign on the application on the “Owner” line and return the documents to me for processing at the IEPA. If you have any questions, please call me at (815) 759 -8346. Sincerely, HR GREEN, INC. Chad J. Pieper, P.E. Project Manager CJP/ Attachments cc: Mr. Russell Ruzicka – City of McHenry Mr. Greg Gruen, City of McHenry. Hrgmhnas:\\O:\86130341.03\Construction\Pay Request \Pay Request #30\ltr-012921-Recommendation of approval PayApp30_cjp.docx 40 41 42 43 44 45 46 47 48 49 50 51 52 53 1 MINUTES REGULAR CITY COUNCIL MEETING Monday, February 1, 2021, 7:00 p.m. In light of the current COVID-19 public health emergency, this meeting will be held remotely only. The public can observe and participate by connecting online via Zoom at https://cityofmchenry.zoom.us/j/92037656745 Or call 312-626-6799, Meeting ID: 920 3765 6745 In light of the current COVID-19 public health emergency, this meeting will be held remotely only. The public can observe and participate by connecting online via Zoom at https://cityofmchenry.zoom.us/j/95497337738 Or via phone at: +1 312 626 6799, Meeting ID: 954 9733 7738 Call to Order: The City Council of the City of McHenry, Illinois, met in reg ular session on Monday, February 1, 2021, at 7:00 p.m. in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL. Roll Call: Mayor Jett called the roll call. Members present: Alderman Santi, Alderman Glab -absent, Alderman Schaefer, Alderman Harding-absent, Alderman Mihevc, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Interim Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Directo r of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, City Planner Sheriff, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge Public Comments: No public comments Consent Agenda: Motion to Approve the following Consent Agenda Items: A. January 18, 2021 City Council Meeting Minutes; B. Issuance of Checks in the amount of $516,445.72. No Public Comment. A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve Consent Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab-absent, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Individual Action Item Agenda: A. Motion to approve a Class A Liquor License to Gamblur LLC, located at 1232 N. Green 54 City of McHenry Council Meeting Minutes 2.1.21 3 Street, conditioned upon the satisfactory completion of a background check. Alderman Santi asked the question when the opening date may be, the applicants were on the Zoom meeting stated that they are shooting for the first week in March. No public comment. *Clerks note: Alderman Glab had joined meeting late due to technical issues. A motion was made by Alderman Santi and seconded by Alderman Schaefer to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, A lderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. B. Subject to approval of the previous agenda item, a motion to approve or deny a Video Gaming License to Gamblur LLC, located at 1232 N. Green Street, subject to the execution of a Video Gaming Development Agreement. No public comment. A motion was made by Alderman Santi and seconded by Alderman Harding to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, A lderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. C. Motion to authorize the execution of the attached Professional Services Contract Between the City of McHenry and Christopher B. Burke Engineering, Ltd. for Professional Landscape Architecture/Planning Services for Downtown Streetscape Master Framing Plan in the amount of $149,900. This was presented by City Planner Sherriff. Director Polorecky stated that many departments had a role with this item. Christopher Burke was also present on the call this evening, however there were no questions directed towards him. Estimated time is scheduled by August. No public comments. A motion was made by Alderman Schaefer and seconded by Alderwoman Miller to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. D. Motion to authorize public bidding of the 2021 Supplemental Road Resurfacing Program. 55 City of McHenry Council Meeting Minutes 2.1.21 3 Presented at Public Works committee last week, new concept planning on bidding prior to. Alderman Santi was pleased that Director Hobson was helping with the funding here from the Parks and Recreation Department, $50,000 was donated. There is a need for extensive road work in some of the neighborhood areas. This discussion went on for some time regarding streets and how many need to be repaired, it was a favorable item. No public comment. A motion was made by Alderman Santi and seconded by Alderman Schaefer to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. E. Motion to authorize the Director of Parks & Recreation, with the advice and consent of the Mayor and Chief of Police and in accordance with the Restore Illinois Plan, enact any or all identified elements of the Shamrocks the Fox Event, including applicable street closures, Special Civic Event Alcohol Endorsements, Special Event Liquor License, Open Carry of Alcohol in the Public Way, and Temporary Use Permit for an event tent; and, approval of a budget amendment in the FY20/21 Tourism Fund in an amount not to exceed $10,000 for the event. Alderman Glab hesitant for open carry, concerned about masks with COVID also worri ed about the social distancing impact this would have, he wants to take the open carry away from this. Many questions were asked about the COIVD levels and what would determine it to be unsafe. Per Director Hobson, if there is a dramatic change with the tiers in the COVID cases this would be cancelled. Alderman Santi commented that we are in a positive dir ection right now, feels participation is good. He had also requested the names and organizations of the group of 50. No public comment. A motion was made by Alderman Schaefer and seconded by Alderman Harding to approve Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller.1-nays- Alderman Glab, 0-abstained. Motion carried. Discussion Items: A. Blake Farms/Authentix Multifamily Residential Project This item was presented with much discussion, the project planners were avaible on the call for presentation to The Council and to answer questions. Project Manger Ben Blang was on the call representing the apartment project. Three aspects they wanted feedback on: Planning zoing, private drive connection between Blake and Almond Lane, Sewer and water connection. Continental Properties would be building the Authentix McHenry this was presented as 288 units along with a fitness center, pool, community room, pet playground etc. This discussion went on for some time. There were several community members that were ve ry upset about the road connection from Blake and Almond Lane, many of those commun ity members 56 City of McHenry Council Meeting Minutes 2.1.21 3 expressed that on the call. The discussion for this topic went on for quite a while. At this time it is just a discussion and nothing has been formally decided. Staff Reports none Mayor’s Report. – The City has supplied loans to several businesses to be paid by April or May from COVID they are now due. Mayor Jett would like to extend these loans for 12 months with quarterly payments, since this could help relieve stress from the business owners that are just getting back to some normalcy. City Council Comments: Executive Session if Needed: Not needed Adjourn: A motion was made Alderman Santi and seconded by Alderman Glab to adjourn the meeting at 8:40 PM. Roll Call: Vote:8-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller, Mayor Jett. 0-nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: February 16, 2021 Regular City Council Meeting RE: Annexation of Four Unincorporated Pockets of land surrounded by City ATT: 1. Location Map 2. Ordinance annexing 1.0 acre at 908 and 912 S. Illinois Route 31 3. Ordinance annexing 7.76 acres east of Illinois Route 31 and south of Shamrock Lane 4. Ordinance annexing 3.90 acres east of Illinois Route 31 and south of Bull Valley Road 5. Ordinance annexing 6.89 acres east of Illinois Route 31 at Shamrock Lane AGENDA ITEM SUMMARY: At the June 15th City Council Meeting the City Council discussed the annexation of the unincorporated islands surrounded by the City. These unincorporated islands can be forcibly annexed by the City of McHenry if the following conditions are met. • Each is 60 acres in size or less • Each is completely surrounded by the City (on all four sides) Subsequently staff pursued annexation of these unincorporated pockets. Staff is bringing forward four unincorporated islands for annexation totaling 19.55 acres. The parcels are generally located south of Bull Valley Road and east of Illinois Route 31. Three are vacant and one has a law office and insurance office on it so it will need to be rezoned after annexation. One of the parcels is the proposed site of McHenry Township Fire Protection District Station #6-at Illinois Route 31 and Shamrock Lane. 71 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us RECOMMENDATION: If City Council concurs with annexing the aforementioned properties, it is recommended that motions be made to approve the following Ordinances (Mayor and City Council Vote on all of them.): • AN ORDINANCE ANNEXING APPROXIMATELY 1.0 ACRE LOCATED AT 908 S IILINOIS ROUTE 31 AND 912 S ILLINOIS ROUTE 31, IN MCHENRY COUNTY ILLINOIS; • AN ORDINANCE ANNEXING APPROXIMATELY 7.76 ACRES LOCATED EAST OF ILLINOIS ROUTE 31 AND SOUTH OF SHAMROCK LANE, IN MCHENRY COUNTY ILLINOIS; • AN ORDINANCE ANNEXING APPROXIMATELY 3.90 ACRES LOCATED EAST OF ILLINOIS ROUTE 31 AND SOUTH SIDE OF BULL VALLEY ROAD, IN MCHENRY COUNTY ILLINOIS; • AN ORDINANCE ANNEXING APPROXIMATELY 6.89 ACRES LOCATED EAST OF ILLINOIS ROUTE 31 AT SHAMROCK LANE, IN MCHENRY COUNTY ILLINOIS. 72 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us ORDINANCE NO 21- AN ORDINANCE ANNEXING APPROXIMATELY 1.0 ACRES LOCATED AT 908 S IILINOIS ROUTE 31 AND 912 S ILLINOIS ROUTE 31, IN MCHENRY COUNTY ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, annexation of said real estate to the City is legally described on Exhibit “A” and depicted on the Plat of Annexation “Exhibit B,” attached hereto and incorporated herein, the “SUBJECT PROPERTY,” in accordance with 65 ILCS 5/7-1-13; and WHEREAS, the SUBJECT PROPERTY IS not located within any other municipality or subject to an annexation agreement with any other municipality, and said real estate is presently contiguous to and may be annexed to the City in accordance with 65 ILCS 5/7/1-1, et seq.; and WHEREAS, the City of McHenry does not provide library or fire protection services to the SUBJECT PROPERTY, so notice to the Fire Protection District or Public Library District of the annexation of said real estate is not required; and WHEREAS the City has determined that the annexation of said real estate is in the best interest of the City, will promote sound planning and growth of the City and otherwise enhance and promote the general welfare of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY shall be and the same is hereby annexed to made a part of the corporate limits of the City of McHenry, including any and all portions of adjacent street, roads or highways as provided by law. SECTION 2: That the SUBJECT PROPERTY be and is hereby zoned E, Estate in accordance with the City of McHenry Zoning Ordinance. SECTION 3: The City Clerk is hereby directed to cause a certified copy of this ordinance, together with said plat, to be recorded in the Office of the Recorder of Deeds of 73 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us McHenry County, Illinois. Following the recordation of this ordinance and plat, a copy thereof shall be filed in the Office of the Clerk of McHenry County, Illinois. SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: 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 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. VOTING AYE: VOTING NAY: ABSENT: ABSTAIN: APPROVED: MAYOR WAYNE JETT (SEAL) ATTEST: CITY CLERK TRISHA RAMEL PASSED: APPROVED: 74 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us C E R T I F I C A T I O N I, Trisha Ramel, do hereby certify that I am the duly appointed, acting and qualified clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the 16th day of February 2021, the foregoing ordinance entitled [An ordinance annexing approximately 1.0 acres)] in the City of McHenry, was duly passed by the City Council of the City of McHenry. The pamphlet form of ordinance no. , including the ordinance and a cover sheet thereof, was prepared, and a copy of such ordinance was posted in the city hall, commencing on the day of 2021, and will continue for at least 10 days thereafter. Copies of such ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the clerk of said city for safekeeping, and that I am the lawful custodian and keeper of the same. Given under my hand and seal this 16th day of February, 2021. Trisha Ramel, City Clerk City of McHenry McHenry County, Illinois (seal) 75 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property PINs: 14-02-352-003 & 14-02-352-008 LANDS DESCRIBED IN DOCUMENT 918844 (PIN: 14-02-352-003): THE NORTH 19.55 FEET OF THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2 AT A POINT 736 FEET NORTH FROM THE SOUTH LINE OF SAID SECTION; THENCE WESTERLY ON A LINE FORMING AN ANGLE OF 90 DEGREES 43 MINUTES TO THE LEFT WITH PROLONGATION OF THE LAST DESCRIBED LINE, A DISTANCE OF 727.94 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, A DISTANCE OF 94.55 FEET TO A POINT; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, A DISTANCE OF 270.73 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE STATE HIGHWAY; THENCE SOUTHWESTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE OF SAID STATE HIGHWAY, BEING ON A LINE FORMING AN ANGLE OF 71 DEGREES TO THE LEFT WITH A PROLONGATION OF THE LAST DESCRIBED LINE, A DISTANCE OF 100.00 FEET TO A CONCRETE MARKER; THENCE EASTERLY IN A STRAIGHT OR DIRECT LINE, 303.28 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. AND PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2, AT A POINT 736.0 FEET NORTH FROM THE SOUTH LINE OF SAID SECTION; THENCE WESTERLY ON A LINE FORMING AN ANGLE OF 90 DEGREES 43 MINUTES TO THE LEFT, WITH A PROLONGATION OF THE LAST DESCRIBED LINE A DISTANCE OF 727.94 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, A DISTANCE OF 75 FEET TO A POINT; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE A DISTANCE OF 277.46 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT- OF-WAY LINE OF THE STATE HIGHWAY; THENCE SOUTHWESTERLY ALONG SAID EASTERLY RIGHT- OF-WAY LINE OF SAID STATE HIGHWAY, BEING ON A LINE FORMING AN ANGLE OF 71 DEGREES TO THE LEFT, WITH A PROLONGATION OF THE LAST DESCRIBED LINE A DISTANCE OF 79.32 FEET TO A CONCRETE MARKER; THENCE EASTERLY IN A STRAIGHT OR DIRECT LINE, 303.28 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. 76 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us LANDS DESCRIBED IN DOCUMENT 94R069046 (PIN: 14-02-352-008) THE NORTH 50.32 FEET IN WIDTH (EXCEPTING THEREFROM THE EAST 727.24 FEET THEREOF) OF A TRACT OF LAND DESCRIBED AS FOLLOWS: ALL THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 2 IN THE CENTER OF THE PUBLIC HIGHWAY AND RUNNING THENCE NORTH 19-1/4 DEGREES EAST ALONG THE CENTER LINE OF SAID HIGHWAY, 11 CHAINS AND 76 LINKS, MORE OR LESS, TO THE SOUTHWEST CORNER OF THE PIECE OF LAND CONVEYED BY JAMES VOSE AND WIFE TO HENRY ERWIN BY WARRANTY DEED DATED NOVEMBER 3, 1866 AND RECORDED IN THE RECORDER'S OFFICE IN BOOK 39 OF DEEDS, PAGE 469; THENCE EAST ALONG THE SOUTH LINE OF THE PIECE SO CONVEYED TO HENRY ERWIN, 16 CHAINS AND 27 LINKS, MORE OR LESS, TO THE EAST LINE OF THE SAID WEST HALF OF THE SOUTHWEST QUARTER; THENCE SOUTH ALONG SAID EAST LINE 11 CHAINS AND 6 LINKS, MORE OR LESS, TO THE SOUTH LINE OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION, 19 CHAINS AND 92 LINKS, MORE OR LESS, TO THE PLACE OF BEGINNING IN MCHENRY COUNTY, ILLINOIS. 77 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us Exhibit B Plat of Annexation for the Subject Property 78 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us ORDINANCE NO 21- AN ORDINANCE ANNEXING APPROXIMATELY 7.76 ACRES LOCATED EAST OF ILLINOIS ROUTE 31 AND SOUTH OF SHAMROCK LANE, IN MCHENRY COUNTY ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, annexation of said real estate to the City is legally described on Exhibit “A” and depicted on the Plat of Annexation “Exhibit B,” attached hereto and incorporated herein, the “SUBJECT PROPERTY,” in accordance with 65 ILCS 5/7-1-13; and WHEREAS, the SUBJECT PROPERTY IS not located within any other municipality or subject to an annexation agreement with any other municipality, and said real estate is presently contiguous to and may be annexed to the City in accordance with 65 ILCS 5/7/1-1, et seq.; and WHEREAS, the City of McHenry does not provide library or fire protection services to the SUBJECT PROPERTY, so notice to the Fire Protection District or Public Library District of the annexation of said real estate is not required; and WHEREAS the City has determined that the annexation of said real estate is in the best interest of the City, will promote sound planning and growth of the City and otherwise enhance and promote the general welfare of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY shall be and the same is hereby annexed to made a part of the corporate limits of the City of McHenry, including any and all portions of adjacent street, roads or highways as provided by law. SECTION 2: That the SUBJECT PROPERTY be and is hereby zoned E, Estate in accordance with the City of McHenry Zoning Ordinance. SECTION 3: The City Clerk is hereby directed to cause a certified copy of this ordinance, together with said plat, to be recorded in the Office of the Recorder of Deeds of 79 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us McHenry County, Illinois. Following the recordation of this ordinance and plat, a copy thereof shall be filed in the Office of the Clerk of McHenry County, Illinois. SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: 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 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. VOTING AYE: VOTING NAY: ABSENT: ABSTAIN: APPROVED: MAYOR WAYNE JETT (SEAL) ATTEST: CITY CLERK TRISHA RAMEL PASSED: APPROVED: 80 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us C E R T I F I C A T I O N I, Trisha Ramel, do hereby certify that I am the duly appointed, acting and qualified clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the 16th day of February 2021, the foregoing ordinance entitled [An ordinance annexing approximately 7.76 acres)] in the City of McHenry, was duly passed by the City Council of the City of McHenry. The pamphlet form of ordinance no. , including the ordinance and a cover sheet thereof, was prepared, and a copy of such ordinance was posted in the city hall, commencing on the day of 2021, and will continue for at least 10 days thereafter. Copies of such ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the clerk of said city for safekeeping, and that I am the lawful custodian and keeper of the same. Given under my hand and seal this 16th day of February, 2021. Trisha Ramel, City Clerk City of McHenry McHenry County, Illinois (seal) 81 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property PIN: 14-02-352-007 THE SOUTH 265.9 FEET, AS MEASURED ALONG THE EAST LINE THEREOF, OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 BAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY OF THE CENTERLINE OF STATE ROUTE NO. 31, IN MCHENRY COUNTY, ILLINOIS. 82 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us Exhibit B Plat of Annexation for the Subject Property 83 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us ORDINANCE NO 21- AN ORDINANCE ANNEXING APPROXIMATELY 3.90 ACRES LOCATED EAST OF ILLINOIS ROUTE 31 AND SOUTH SIDE OF BULL VALLEY ROAD, IN MCHENRY COUNTY ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, annexation of said real estate to the City is legally described on Exhibit “A” and depicted on the Plat of Annexation “Exhibit B,” attached hereto and incorporated herein, the “SUBJECT PROPERTY,” in accordance with 65 ILCS 5/7-1-13; and WHEREAS, the SUBJECT PROPERTY IS not located within any other municipality or subject to an annexation agreement with any other municipality, and said real estate is presently contiguous to and may be annexed to the City in accordance with 65 ILCS 5/7/1-1, et seq.; and WHEREAS, the City of McHenry does not provide library or fire protection services to the SUBJECT PROPERTY, so notice to the Fire Protection District or Public Library District of the annexation of said real estate is not required; and WHEREAS the City has determined that the annexation of said real estate is in the best interest of the City, will promote sound planning and growth of the City and otherwise enhance and promote the general welfare of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY shall be and the same is hereby annexed to made a part of the corporate limits of the City of McHenry, including any and all portions of adjacent street, roads or highways as provided by law. SECTION 2: That the SUBJECT PROPERTY be and is hereby zoned E, Estate in accordance with the City of McHenry Zoning Ordinance. SECTION 3: The City Clerk is hereby directed to cause a certified copy of this ordinance, together with said plat, to be recorded in the Office of the Recorder of Deeds of 84 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us McHenry County, Illinois. Following the recordation of this ordinance and plat, a copy thereof shall be filed in the Office of the Clerk of McHenry County, Illinois. SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: 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 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. VOTING AYE: VOTING NAY: ABSENT: ABSTAIN: APPROVED: MAYOR WAYNE JETT (SEAL) ATTEST: CITY CLERK TRISHA RAMEL PASSED: APPROVED: 85 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us C E R T I F I C A T I O N I, Trisha Ramel, do hereby certify that I am the duly appointed, acting and qualified clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the 16th day of February 2021, the foregoing ordinance entitled [An ordinance annexing approximately 3.90 acres)] in the City of McHenry, was duly passed by the City Council of the City of McHenry. The pamphlet form of ordinance no. , including the ordinance and a cover sheet thereof, was prepared, and a copy of such ordinance was posted in the city hall, commencing on the day of 2021, and will continue for at least 10 days thereafter. Copies of such ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the clerk of said city for safekeeping, and that I am the lawful custodian and keeper of the same. Given under my hand and seal this 16th day of February, 2021. Trisha Ramel, City Clerk City of McHenry McHenry County, Illinois (seal) 86 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property PIN: 14-02-352-005 THE SOUTH 156.07 FEET OF THE NORTH 206.39 FEET IN WIDTH OF A TRACT OF LAND DESCRIBED AS FOLLOWS: ALL THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: TO WIT: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 2, IN THE CENTER OF THE PUBLIC HIGHWAY AND RUNNING THENCE NORTH 19 1/4 DEGREES EAST ALONG THE CENTER LINE OF SAID HIGHWAY, 11 CHAINS AND 76 LINKS, MORE OR LESS, TO THE SOUTHWEST CORNER OF THE PIECE OF LAND CONVEYED BY JAMES VOSE AND WIFE, TO HENRY ERWIN BY WARRANTY DEED DATED NOVEMBER 3, 1866 AND RECORDED IN THE RECORDER'S OFFICE OF MCHENRY COUNTY, ILLINOIS, IN BOOK 39 OF DEEDS, PAGE 469; THENCE EAST ALONG THE SOUTH LINE OF THE PIECE SO CONVEYED TO HENRY ERWIN, 16 CHAINS AND 27 LINKS, MORE OR LESS, TO THE EAST LINE OF THE SAID WEST HALF OF THE SOUTHWEST QUARTER; THENCE SOUTH ALONG SAID EAST LINE, 11 CHAINS AND 6 LINKS, MORE OR LESS, TO THE SOUTH LINE OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION, 19 CHAINS AND 92 LINKS, MORE OR LESS, TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. 87 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us Exhibit B Plat of Annexation for the Subject Property 88 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us ORDINANCE NO 21- AN ORDINANCE ANNEXING APPROXIMATELY 6.89 ACRES LOCATED EAST OF ILLINOIS ROUTE 31 AT SHAMROCK LANE, IN MCHENRY COUNTY ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, annexation of said real estate to the City is legally described on Exhibit “A” and depicted on the Plat of Annexation “Exhibit B,” attached hereto and incorporated herein, the “SUBJECT PROPERTY,” in accordance with 65 ILCS 5/7-1-13; and WHEREAS, the SUBJECT PROPERTY IS not located within any other municipality or subject to an annexation agreement with any other municipality, and said real estate is presently contiguous to and may be annexed to the City in accordance with 65 ILCS 5/7/1-1, et seq.; and WHEREAS, the City of McHenry does not provide library or fire protection services to the SUBJECT PROPERTY, so notice to the Fire Protection District or Public Library District of the annexation of said real estate is not required; and WHEREAS the City has determined that the annexation of said real estate is in the best interest of the City, will promote sound planning and growth of the City and otherwise enhance and promote the general welfare of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY shall be and the same is hereby annexed to made a part of the corporate limits of the City of McHenry, including any and all portions of adjacent street, roads or highways as provided by law. SECTION 2: That the SUBJECT PROPERTY be and is hereby zoned E, Estate in accordance with the City of McHenry Zoning Ordinance. SECTION 3: The City Clerk is hereby directed to cause a certified copy of this ordinance, together with said plat, to be recorded in the Office of the Recorder of Deeds of 89 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us McHenry County, Illinois. Following the recordation of this ordinance and plat, a copy thereof shall be filed in the Office of the Clerk of McHenry County, Illinois. SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: 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 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. VOTING AYE: VOTING NAY: ABSENT: ABSTAIN: APPROVED: MAYOR WAYNE JETT (SEAL) ATTEST: CITY CLERK TRISHA RAMEL PASSED: APPROVED: 90 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us C E R T I F I C A T I O N I, Trisha Ramel, do hereby certify that I am the duly appointed, acting and qualified clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the 16th day of February 2021, the foregoing ordinance entitled [An ordinance annexing approximately 6.89 acres)] in the City of McHenry, was duly passed by the City Council of the City of McHenry. The pamphlet form of ordinance no. , including the ordinance and a cover sheet thereof, was prepared, and a copy of such ordinance was posted in the city hall, commencing on the day of 2021, and will continue for at least 10 days thereafter. Copies of such ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the clerk of said city for safekeeping, and that I am the lawful custodian and keeper of the same. Given under my hand and seal this 16th day of February, 2021. Trisha Ramel, City Clerk City of McHenry McHenry County, Illinois (seal) 91 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property PIN: 14-02-352-006 ALL THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 2 IN THE CENTER OF THE PUBLIC HIGHWAY AND RUNNING THENCE NORTH, 19 1/4 DEGREES EAST ALONG THE CENTER LINE OF SAID HIGHWAY, 11 CHAINS AND 76 LINKS, MORE OR LESS, TO THE SOUTHWEST CORNER OF THE PIECE OF LAND CONVEYED BY JAMES VOSE AND WIFE, TO HENRY ERWIN, BY WARRANTY DEED DATED NOVEMBER 3, 1866 AND RECORDED IN THE RECORDER'S OFFICE IN BOOK 39 OF DEEDS, PAGE 469; THENCE EAST ALONG THE SOUTH LINE OF THE PIECE SO CONVEYED TO HENRY ERWIN, 16 CHAINS AND 27 LINKS, MORE OR LESS TO THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER; THENCE SOUTH ALONG SAID EAST LINE, 11 CHAINS AND 6 LINKS, MORE OR LESS, TO THE SOUTH LINE OF SAID SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION, 19 CHAINS AND 92 LINKS, MORE OR LESS, TO THE PLACE OF THE BEGINNING (EXCEPTING THEREFROM THE NORTH 206.39 FEET IN WIDTH THEREOF AND ALSO EXCEPTING THEREFROM THE SOUTH 265.9 FEET IN WIDTH THEREOF), IN MCHENRY COUNTY, ILLINOIS. 92 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 www.ci.mchenry.il.us Exhibit B Plat of Annexation for the Subject Property 93 31 SFrontStPebbleCreek Park Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community City of McHenry - Parcels to Annex 14-02-352-007 14-02-352-006 1004 S Rt 31 04-02-352-005 14-02-352--003 908 S Rt 31 14-02-352-008 912 S Route 31 94 2/9/2021 1 McHenry Sand & Gravel South Mine Plan Review, February 2021 © LafargeHolcim 2016 McHenry Sand & Gravel Mine Ownership History: •Meyer Material acquired mine from McHenry S&G (Miller family) in 1988 •Meyer Material was purchased by Holcim/Aggregate Industries in 2006 •Corporate merger between Holcim and Lafarge in 2015 Permit History: •South Mine operates in City of McHenry under annexation and conditional land use terms initially approved in 1988; South Mine extended until 2026 in recent annex & CUP amendments •Ordinance includes hours of operation, setback limits and mine plan reviews 2McHenry S&G South Mine Plan Review Ownership & Permitting © LafargeHolcim 2016 McHenry Sand & Gravel •Extraction phase occurring along SE portion of mine boundary near Glacier Ridge & Woodcreek •Operating in accordance with proposed plans •Amended City Ordinance •Field Crushing Hours: 7:00a-7:00p, M-F & 7:00a-3:00p, Sat •Process, Loading & Maintenance Hours: 5:00a-8:00p •Washing Hours: 24 hours/day •Setback Zones along residential areas •North Mine has separate CUP, expiring in 2022 3McHenry S&G South Mine Plan Review South Mine Operations 1 2 3 95 2/9/2021 2 © LafargeHolcim 2016 2019 South Mine Activity Cell Sequence For Earth Extraction McHenry S&G – South Mine Plan Review 4 © LafargeHolcim 2016 2020 South Mine Activity 5McHenry S&G – South Mine Plan Review Planned Earth Extraction Map © LafargeHolcim 2016 2021 South Mine Activity 6McHenry S&G – South Mine Plan Review West Slope Restoration Design •Stripped overburden material will be deposited along west and south property boundaries along the 10-acre wooded area owned by the Glacier Ridge Subdivision HOA •Overall plan is to complete the west highwall slope requirements during first half of 2021 (before Memorial Day) and the south highwall slope requirements during the second half of 2021 (after Labor Day) •As mining progresses east along the south property line, additional stripping materials will be hauled to the cavity/slot created from mineral extraction, completing the year at the east end of the excavation •Mining distance from the Glacier Ridge neighbors will decrease over the course of 2021 and should subside by mid-2022 4 5 6 96 2/9/2021 3 © LafargeHolcim 2016 2021 Extraction/Restoration Plan – Phase 1 •Surface mine permits issued by Illinois DNR for surface disturbance and site restoration •Double bonded thru Illinois DNR and the City of McHenry •Restoration is continuous and site can be redeveloped once mining activities are completed Strip Plan & Ongoing Site Restoration McHenry S&G – South Mine Plan Review 7 © LafargeHolcim 2016 2021 Extraction/Restoration Plan – Phase 2 •Surface mine permits issued by Illinois DNR for surface disturbance and site restoration •Double bonded thru Illinois DNR and the City of McHenry •Restoration is continuous and site can be redeveloped once mining activities are completed Strip Plan & Ongoing Site Restoration McHenry S&G – South Mine Plan Review 8 © LafargeHolcim 2016 Thank You & Questions Randi Wille Regional Manager, Environmental & Land Services Lafarge Aggregates/Meyer Material Company 9McHenry S&G – South Mine Plan Review 7 8 9 97 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation DISCUSSION ITEM DATE: February 16, 2021 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: All Marine Retro Boat Rental Agreement Amendments Attachment: All Marine Retro Proposal AGENDA ITEM SUMMARY: All Marine Retro has approached the city to amend their revocable concession agreement adding one additional year, adding an additional structure, expanding and clearly defining a use area and discussion on the possibility of attaining a liquor license. They have also requested some additional signage opportunities and the use of pier space at River Place and Miller Point to occasionally park a boat as an advertisement to draw awareness for their business. Staff would like to discuss all of these possibilities with the city council prior to any action being presented. BACKGROUND: Last March the City Council approved a 3 year revocable concession agreement with All Marine Retro Boats for the seasonal rentals of mini-retro boats, a wheelchair accessible pontoon, paddle boats, kayaks, and stand up paddle boards. The agreement included a small concession building/rental office, pier space and a portion of sandy shoreline along Boone Creek on Miller Point. The state imposed restrictions did not allow All Marine Retro to operate their business all summer long. As these restrictions were eased in September the business did open and garnered a great deal of attention and public support. Despite being only open a month, the operators were able see the potential of the business and partnership as well as see some opportunities to aid in the viability of the business and the experience for those partaking in the amenities. ANALYSIS: Staff has closely reviewed the attached proposal. The proposal represents further investment from the vendor and seemingly has little impact upon the city or on any city services. Addressing each item as they appear in the proposal: 98 Part 1 • Boat rental signage on Riverside and Route 120 could be accomplished possibly through the use of sandwich board signage. Staff feels that there are not any options for permanent seasonal signage other than the possibility of speaking with the private land owner on the southwest corner of that intersection. • Temporarily utilizing the pier adjacent to Buddyz or the pier at Miller Point does not present a problem from a staff perspective. This would aid in the display of the retro boats and draw awareness to them as well as the other offerings. The banner on the pier housing the boats would also aid in drawing the awareness. Part 2 • The renderings in the attachment clearly display the level of detail and commitment to the site and to the city that the vendor is willing to go to. No portion of their undertaking has been second rate and neither is this proposed addition. The additional shipping container would be perpendicular to the first and would frame the proposed expanded use area. This layout is advantageous in defining the use area as currently it is not as definitive and tables were occasionally spread out and moved further into the park. • The most significant addition request of the proposal is for council to discuss and entertain the sale of alcohol on site by the vendor. They have laid out in their proposal a number of parameters that they would undertake to ensure the safest possible situation for them and for the city. The key to this element is that any consumption that occurs on site remain within All Marine Retro’s defined area. The exception being that patrons that are renting a boat and wish to purchase any pre-packaged items could carry them onto the rental for consumption. In no instance would patrons be permitted to consume openly along the Riverwalk or in the park. The enforcement of such would fall completely on All Marine Retro’s staff members. In staff’s opinion, with all of these parameters in place the request seems to be a good fit for the project and the partnership. • The very last item to consider was found in the last paragraph of the proposal and this is the request of a 1 year extension to the agreement. Given the unusual circumstances of 2020 adding a year to the agreement is one that staff would fully support. We have barely scratched the surface of what is possible with the partnership and what it means to both residents and visitors of and to our community. All Marine Retro’s offerings truly accomplish the goals of providing access to the Fox River for our community. That goal has been laid out in numerous city strategic planning sessions. Upon the review and discussion by City Council, staff would make any of the agreed upon amendments to the concession agreement and subsequently present to the City Council to take formal action on. It is worth mentioning that the revocable concession agreement provides a very clear structure of the agreement between the City and All Marine outlining the services, responsibilities of both parties, insurance, indemnification and compensation. If for any reason either they are not performing to the standards laid out by the city or if the venture is not one that is profitable to the vendor, both parties have remedies and are protected by the agreement. 99 All Marine's Retro Rentals Expansion Proposal    Part 1  While our first season only offered 5 weeks of rental services, we were thrilled with the  response from the community. People strolled by on a daily basis inquiring about  what the business had to offer and were pleasantly surprised to learn we existed! We  knew quickly that we would have to put a plan in place to build awareness of what  McHenry and surrounding residents could experience on the Riverwalk, so one item  we’d like to discuss is our desire to build awareness through a signage package.  Outlined below are some ideas we’d like to put into action, and we’d greatly appreciate  any other suggestions as these ideas are discussed.    ●Boat Rentals arrow/sign added to those on the corner of 120 & Riverside  ●Boat docked by Buddyz periodically with signage on Boat (i.e. “Rent Me!” with  our logo and arrow pointing toward the end of the Riverwalk)  ●Use a public pier at end of riverwalk periodically to park a boat with signage on  it (Similar to above)  ●Banner on Piers with the retro boats    Questions:  ●Is it possible to have a sign on Green Street?  ●Are there other signage opportunities that we should consider?    Sample of Signage for Retro Rentals:  100 Part 2  In addition to signage, we learned quickly that the Riverwalk is regularly populated  with people looking to relax and enjoy the beautiful area. Therefore, in addition to our  rentals, we would like to offer a place to sit and relax, as well as enjoy a beverage of  choice. To provide this space, as well as better define the area of our business on the  Riverwalk to avoid overcrowding the space, we’d like to propose a small expansion as  pictured below. This additional space would include counters on three sides of an  additional container that allow for barstool seating, a safe rooftop area for private  events/ small groups, and a classy, well-defined outdoor seating area that will provide  all who stroll along the Riverwalk a place to enjoy.     With this expansion, we would like to offer alcoholic beverages, and therefore, we  realize that would require additional signage for safe use of the space and compliance  with rules of the Riverwalk/park.    The Bar manager and staff will be trained in the following:    a.Will have a written policy and procedure for all liquor sales that is enforced by  on-site management.    b. Will have a formal liquor sales training program that all employees who sell  alcoholic beverages must go through before they can sell any alcohol.    c. Will train on how to identify minors, including “carding” anyone that appears to be  age 30 or younger.    d. Will train staff in state and local laws regarding hours of sales, etc.    e. Will train staff on acceptable forms of I.D.    f. Will train staff on how to safely handle intoxicated persons.    g. Will require all of our employees who sell alcoholic beverages to sign an employee  agreement form acknowledging that they have completed a formal training program  and will abide by the rules of the company and applicable laws.    h. Will post signs conspicuously to inform customers of our policy against serving  alcoholic beverages to under aged persons.    101 i. Will post signs conspicuously to inform customers of No Open Alcohol beyond the  roped area    j. No employees under 21 years old will be allowed to sell alcohol      Renderings of proposed expansion:       102       ***Design of the beach/surrounding area is not accurately represented.    Signage requests:    ●No Open Alcohol beyond the roped area   103 ●No Under Age Drinking Allowed  ●All Patrons Subject To Be Carded  ●No Carry-in Alcohol Allowed       Addendum:    Because our 2020 season was so short and negatively impacted by COVID issues, we  respectfully request an addendum to the contract for an extension to our contract for  an additional year.      Thank you for your consideration!  Dillon & Michelle Streit        104