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HomeMy WebLinkAboutPacket - 03/01/2021 - City CouncilThe 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 Monday, March 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/91004217000 Or call 312-626-6799, Meeting ID: 910 0421 7000 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:6.A. A.Resolution Authorizing the Deputy City Clerk to Update the Official Zoning Map and to Publish a Notice of the Zoning Map Update; (Deputy City Clerk Johnson) B.Mayor’s Execution of Intergovernmental Agreements for Dispatch Services between the City of McHenry and the Marengo Rescue Squad District, Marengo Fire Protection District, Union Fire Protection District, Harvard Fire Protection District, and Johnsburg Police Department; (Police Chief Birk) C.Authorization to enter into a Commercial Tenant Incentive Grant Program agreement with El Gordo Mexican Restaurant, located at 929 Front Street, in the amount of $10,000; (Economic Development Director Martin) D.Approval of the use of Petersen Park, a Special Event Liquor License, a 50% reduction in city services, and permission to post temporary advertising signage in municipal right-of-ways for the McHenry Rotary Club Blues Brews and BBQs Festival; (Parks and Recreation Director Hobson) E.February 16, 2021 City Council Meeting Minutes; F.Issuance of Checks in the amount of $191,561.53. 6.Individual Action Item Agenda. A.Motion to approve a Use Variation and Zoning Variations to allow 6 parking spaces in lieu of the required 7.5 parking spaces, to allow a minimum lot width of 75 feet in lieu of the required 200 feet, and any other variances needed to accommodate a 4-unit, multifamily building at 3723 Grand Avenue. (City Planner Sheriff) 1 B.Motion to approve a Sign Variance to 3112 W. Lincoln Road (Munson Ski and Marine) for two additional wall signs, not to exceed four wall signs, with a combined total of 144 square feet, and to allow for additional wall signs limited to 400 square feet on the south and west elevations. (Community Development Director Polerecky) 7.Discussion Items. A.Discussion regarding permitting 6 video gaming terminals per establishment. 8.Staff Reports. A.Request to begin March 15th City Council Meeting at 6pm to accommodate a discussion of the Draft FY21/22 Budget operating funds. 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 Monte Johnson Deputy City Clerk City of McHenry 333 S Green St McHenry, Illinois 60050 Phone: (815) 363-2108 mjohnson@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: March 1, 2021 TO: Mayor and City Council FROM: Monte Johnson, Deputy City Clerk RE: 2021 Annual Zoning Map Update and Notice Publication ATT: 1.Resolution authorizing the Deputy Clerk to update the official zoning map and to publish a notice of the zoning map update 2.2021 Zoning Map Update w/revisions Illinois State Statutes require the City’s zoning map be published no later than March 31st of each year to accurately reflect all annexations, zoning changes and subdivisions approved by the City during the previous calendar year. To comply with the statutes, a resolution has been prep ared which authorizes the Deputy Clerk to make any necessary changes and to publish a notice that the map has been updated. Please note that although we are legally required to publish this zoning map, we highly recommend that it not be used and people instead use our interactive web mapping application. That allows for a more accurate, convenient, and user friendly option. It is possible to zoom to specific properties to double check the zoning applied to that property. It is also updated continually as zoning changes throughout the year. Therefore, if the City Council concurs, it is recommended a motion be made to approve the attached Resolution Authorizing the Deputy Clerk to Update the Official Zoning Map and to Publish a Notice of the Zoning Map Update. 3 Resolution 21- RESOLUTION AUTHORIZING THE DEPUTY CLERK TO UPDATE THE OFFICIAL ZONING MAP AND TO PUBLISH A NOTICE OF THE ZONING MAP UPDATE WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Resolution constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, 65 ILCS 5/11-13-19 requires the Corporate Authorities to cause to be published, no later than March 31st of each year, a map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications of the municipality for the preceding calendar year; and WHEREAS, said map shall be the Official Zoning Map of the City. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Aldermen of the City of McHenry, McHenry County, Illinois, as follows: 1.That the Deputy Clerk is hereby authorized to update the Official Zoning Map of the City to show all existing zoning uses, divisions, restrictions, regulations and classifications in effect as of December 31, 2020; and 2.The Deputy City Clerk is directed to publish said map, in the manner Ordinances of the City are published; and 3.That the Deputy Clerk is further directed to publish a Public Notice in the Northwest Herald announcing that the Official Zoning Map has been updated as required by the Illinois Municipal Code and said Notice shall read as follows: Notice is hereby given that the Official Zoning Map of the City of McHenry, as required by 65 ILCS 5/11-13-19, has been updated and said map has been published, in the manner Ordinances of the City are published. Said Of ficial Zoning Map is available for public inspection in the City of McHenry Municipal Center, 333 S. Green St., McHenry, IL 60050, during regular business hours. Monte Johnson, Deputy City Clerk City of McHenry 4 Dated this 1st day of March, 2021. APPROVE: ATTEST: ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯ ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯ Mayor Wayne S. Jett Deputy City Clerk 5 City of McHenry, IL 0 1,000 2,000 3,000 4,000500 Feet 1 inch equals 1,083 feet Revised 2/18/21 By: Monte Johnson Deputy City Clerk Zoning Districts Zoning A-1 Agriculture A-M Agricultural & Mining BP Business Park C-1 Convenience Commercial C-2 Neighborhood Commercial C-3 Community Commercial C-4 Downtown Commercial C-5 Highway Commercial E Estate District HC Health Care I-1 Industrial IDD Integrated Design District MU Mixed Use O-1 Local Office O-2 Office Park RA-1 Attached Residential RM-1Low-Density Multi-Family Residential RM-2High-Density Multi-Family Residential RS-1 Low-Density Single Family Residential RS-1AMedium-Low Density Single-Family Residential RS-2 Medium-Density Single-Family Residential RS-3 Medium-High Density Single Family Residential RS-4 High-Density Single Family Residential City Limits A-M RS-1 RS-2 RA-1 RA-1 RA-1 E RS-2 RS-1 RS-1 I-1E C-2 RS-3 RS-4 RS-3 O-1 I-1 C-5 RA-1 RS-3 RS-2 RS-4 RS-2 RS-1 RM-2 I-1 HC RM-3 BP RM-2 IDD RS-2 RS-3 RS-2 RS-2RS-2 RS-4 RS-4 C-5 RS-3 RS-3 RS-3 BP C-3 C-5 E 6 Office of the Chief of Police John R. Birk McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: John R. Birk, Chief of Police FOR: March 1, 2021 Regular City Council meeting RE: Authorization to sign and execute Intergovernmental Agreements for dispatch services provided by the McHenry Dispatch Center to: Marengo Rescue Squad District, Marengo Fire Protection District, Union Fire Protection District, Harvard Fire Protection District and the Village of Johnsburg (Johnsburg Police Department). ATT: Intergovernmental Agreements between the City of McHenry and the following: Marengo Rescue Squad District, Marengo Fire Protection District, Union Fire Protection District, Harvard Fire Protection District and Village of Johnsburg. Agenda Item Summary: The McHenry Police Department has been providing emergency dispatch services for the Marengo Rescue Squad District, Marengo Fire Protection District, Union Fire Protection District, Harvard Fire Protection District and Johnsburg Police Department for multiple years. The current intergovernmental agreements between these five organizations are set to expire on April 30, 2021. Staff has negotiated new agreements with each of these customers and is seeking Council’s approval to authorize the Mayor to enter into new intergovernmental agreements with each of the five customer agencies. Staff is available for any questions Council may have. Background: Currently the City of McHenry owns and operates a Public Service Answer Point (PSAP) that provides multi-jurisdictional emergency dispatch services for (16) sixteen different police and fire agencies. The Marengo Rescue Squad District, Marengo Fire Protection District and Union Fire Protection District has been existing customers of the dispatch center since May of 2016. The Harvard Fire Protection District has been an existing customer since December of 2016 and the Johnsburg Police Department has been an existing customer since 2002. Effective April 30, 2021, the current intergovernmental agreements between the City of McHenry and these five agencies will expire. Contact was made with all five agencies notifying them of the pending contract expirations and all five agencies wish to renew their contracts for dispatch services. 7 2 | Page Analysis: The City of McHenry and these five agencies all verbally agreed to a revised fee structure for dispatch services that would take effect with the newly proposed agreement on May 1st, 2021. The newly proposed agreement is set for a (3) three-year term. Beginning on May 1, 2021, Marengo Rescue Squad District, Marengo Fire Protection District, Union Fire Protection District, Harvard Fire Protection District and Johnsburg Police Department all shall pay monthly dispatch fees to McHenry, to be paid no later than the 10th day of each month (“Dispatch Fees”). The Dispatch Fees for Fiscal Year 2021/21 shall be calculated at the rate of $30.47 per service call (“Service Call Rate”) and $13.66 per traffic stop (“Traffic Stop Rate”) multiplied by the number of service calls and Traffic calls dispatched by McHenry for each agencies during calendar year 2020. Commencing on each anniversary date of this Agreement, the Service Call Rate and Traffic Stop Rate shall each increase by 2.5% each year (“Adjusted Dispatch Rates”) and the Adjusted Dispatch Rates shall be multiplied by the number of service calls and traffic stop calls dispatched by McHenry for each agency in the prior calendar year, thereby arriving at the Adjusted Dispatch Fees for the next year of Dispatch Services to be paid on the same monthly basis as the Original Term Dispatch Fee. Recommendation: If Council concurs, then it is recommended that a motion be made to approve the Mayor’s execution of the following Intergovernmental Agreements for dispatch services: 1. A three-year agreement with the Marengo Rescue Squad District allowing the City to provide emergency dispatch services for a term beginning on May 1, 2021 and ending on April 30, 2024. 2. A three-year agreement with the Marengo Fire Protection District allowing the City to provide emergency dispatch services for a term beginning on May 1, 2021 and ending on April 30, 2024. 3. A three-year agreement with the Union Fire Protection District allowing the City to provide emergency dispatch services for a term beginning on May 1, 2021 and ending on April 30, 2024. 4. A three-year agreement with the Harvard Fire Protection District allowing the City to provide emergency dispatch services for a term beginning on May 1, 2021 and ending on April 30, 2024. 5. A three-year agreement with the Village of Johnsburg allowing the City to provide emergency dispatch services to the Johnsburg Police Department for a term beginning on May 1, 2021 and ending on April 30, 2024. 8 Intergovernmental Agreement for Dispatch Services Between the City of McHenry and Marengo Rescue Squad District This Agreement is effective this 1st day of May, 2021 by and between the City of McHenry (“McHenry”) and the Marengo Rescue Squad District (“Marengo”). Recitals A.McHenry provides, among other services, radio dispatched police / law enforcement services and fire / ems services (“Dispatching Services”). B.Marengo desires to continue utilizing Dispatching Services of McHenry for the purposes of providing 24-hour E 9-1-1 telephone answering service, emergency radio dispatch to rescue personnel employed by the District and other services. C.McHenry and Marengo have the power and authority to enter into this Agreement pursuant to the provisions of Article VII, Section 10 of the Illinois Constitution of 1979, and the Illinois Intergovernmental Cooperation Act, as amended, 5 ILCS 220/1 et seq., and other applicable authority. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged as being received, Marengo and McHenry agree as follows: 1.Term of Agreement: This Agreement shall commence on May 1, 2021 and terminate on April 30, 2024, unless earlier terminated by either party upon (6) six month’s written notice to the other party for any reason or no reason at all. In no event shall any portion of the fee payable herein be subject to reimbursement due to early termination of this Agreement by either party. This Agreement may only be extended by written agreement of both parties hereto. 2.McHenry’s Obligation: McHenry shall provide Dispatching Services to Marengo during the term of this Agreement in accordance with Illinois law including but not limited to 210 ILCS 50/ et seq. commonly known as the “Emergency Medical Services EMS Systems Act”. Additional services may include the initiation of emergency weather warning sirens. 3.Marengo Hardware: At its sole expense, Marengo shall install and maintain any required radio infrastructure necessary to receive radio communications from its personnel and relay them to the McHenry Communications Center in McHenry, Illinois. The cost of telephone lines and interface equipment necessary to accomplish these services shall be the responsibility of Marengo. 4.No Supervision of Direction: McHenry Dispatching Services provided to Marengo hereunder are limited to the dispatch of Marengo Rescue Squad personnel. McHenry dispatchers and on-duty supervisory personnel have no responsibility to ensure that Marengo rescue personnel comply with any applicable rules and regulations. The supervision and direction of Marengo rescue personnel are outside the scope of this Agreement and remain the responsibility of Marengo. 5.Dispatch Fee: Beginning on May 1, 2021, Marengo shall pay monthly dispatch fees to McHenry, to be paid no later than the 10th day of each month (“Dispatch Fees”). The 9 2 Dispatch Fees for Fiscal Year 2021/2022 shall be calculated at the rate of $30.47 per service call (“Service Call Rate”) multiplied by the number of service calls dispatched by McHenry for Marengo during calendar year 2020. Commencing on each anniversary date of this Agreement, the Service Call Rate shall each increase by 2.5% each year (“Adjusted Dispatch Rates”) and the Adjusted Dispatch Rates shall be multiplied by the number of service calls dispatched by McHenry for Marengo in the prior calendar year, thereby arriving at the Adjusted Dispatch Fees for the next year of Dispatch Services to be paid on the same monthly basis as the Original Term Dispatch Fee. Miscellaneous Provisions 6.No Agency Created: Only an independent contractor relationship is created by this Agreement and neither party shall constitute an authorized agent of the other. This Agreement constitutes the entire agreement between the parties hereto and no other person or entity shall be deemed to be a beneficiary of this Agreement. No party shall assign this Agreement or the rights and duties hereunder. All notices give or required under this Agreement shall be in writing and sent by certified mail to McHenry Police Chief or the Marengo Rescue Squad Chief, respectively. 7.Indemnification: Marengo hereby indemnifies McHenry and its elected and appointed officials, attorneys, officers, and employees, and hold them harmless from any claim, injury, or loss, no matter how allegedly sustained, arising out of or related in any way to the provision of, the use of, the disruption of, or the failure of McHenry to adequately or effectively provide Dispatching Services pursuant to this Agreement. Marengo shall reimburse McHenry for any attorneys’ fees incurred by McHenry in connection with defense of any such alleged claim, injury or loss, occurring during the term of this Agreement or thereafter arising out of the activities contemplated by this Agreement provided that the cause of action is not the result of negligence, lack of due care, gross negligence or willful and wanton misconduct on behalf of McHenry or its agents. 8.Insurance: Marengo shall maintain, for the term of this Agreement, and any extensions thereof, comprehensive general liability insurance, issued by an insurance company qualified to do business in the State of Illinois, with minimum limits of $1,000,000/$3,000,000. McHenry shall be named as an additional insured on said policy and the policy shall provide that McHenry be given 30 days written notice of cancellation or material charges thereto. Marengo Rescue Squad District City of McHenry By__________________________________ By_________________________________ Board President Date Its Mayor Date 10 Intergovernmental Agreement for Dispatch Services Between the City of McHenry and Marengo Fire Protection District This Agreement is effective this 1st day of May, 2021 by and between the City of McHenry (“McHenry”) and the Marengo Fire Protection District (“Marengo”). Recitals A.McHenry provides, among other services, radio dispatched police / law enforcement services and fire / ems services (“Dispatching Services”). B.Marengo desires to continue utilizing Dispatching Services of McHenry for the purposes of providing 24-hour E 9-1-1 telephone answering service, emergency radio dispatch to fire personnel employed by the District and other services. C.McHenry and Marengo have the power and authority to enter into this Agreement pursuant to the provisions of Article VII, Section 10 of the Illinois Constitution of 1979, and the Illinois Intergovernmental Cooperation Act, as amended, 5 ILCS 220/1 et seq., and other applicable authority. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged as being received, Marengo and McHenry agree as follows: 1.Term of Agreement: This Agreement shall commence on May 1, 2021 and terminate on April 30, 2024, unless earlier terminated by either party upon (6) six month’s written notice to the other party for any reason or no reason at all. In no event shall any portion of the fee payable herein be subject to reimbursement due to earl y termination of this Agreement by either party. This Agreement may only be extended by written agreement of both parties hereto. 2.McHenry’s Obligation: McHenry shall provide Dispatching Services to Marengo during the term of this Agreement in accordance with Illinois law including but not limited to 210 ILCS 50/ et seq. commonly known as the “Emergency Medical Services EMS Systems Act”. Additional services may include the initiation of emergency weather warning sirens. 3.Marengo Hardware: At its sole expense, Marengo shall install and maintain any required radio infrastructure necessary to receive radio communications from its personnel and relay them to the McHenry Communications Center in McHenry, Illinois. The cost of telephone lines and interface equipment necessary to accomplish these services shall be the responsibility of Marengo. 4.No Supervision of Direction: McHenry Dispatching Services provided to Marengo hereunder are limited to the dispatch of Marengo Fire Protection District personnel. McHenry dispatchers and on-duty supervisory personnel have no responsibility to ensure that Marengo fire personnel comply with any applicable rules and regulations. The supervision and direction of Marengo fire personnel are outside the scope of this Agreement and remain the responsibility of Marengo. 5.Dispatch Fee: Beginning on May 1, 2021, Marengo shall pay monthly dispatch fees to McHenry, to be paid no later than the 10th day of each month (“Dispatch Fees”). The 11 2 Dispatch Fees for Fiscal Year 2021/2022 shall be calculated at the rate of $30.47 per service call (“Service Call Rate”) multiplied by the number of service calls dispatched by McHenry for Marengo during calendar year 2020. Commencing on each anniversary date of this Agreement, the Service Call Rate shall each increase by 2.5% each year (“Adjusted Dispatch Rates”) and the Adjusted Dispatch Rates shall be multiplied by the number of service calls dispatched by McHenry for Marengo in the prior calendar year, thereby arriving at the Adjusted Dispatch Fees for the next year of Dispatch Services to be paid on the same monthly basis as the Original Term Dispatch Fee. Miscellaneous Provisions 6.No Agency Created: Only an independent contractor relationship is created by this Agreement and neither party shall constitute an authorized agent of the other. This Agreement constitutes the entire agreement between the parties hereto and no other person or entity shall be deemed to be a beneficiary of this Agreement. No party shall assign this Agreement or the rights and duties hereunder. All notices give or required under this Agreement shall be in writing and sent by certified mail to McHenry Police Chief or the Marengo Fire Chief, respectively. 7.Indemnification: Marengo hereby indemnifies McHenry and its elected and appointed officials, attorneys, officers, and employees, and hold them harmless from any claim, injury, or loss, no matter how allegedly sustained, arising out of or related in any way to the provision of, the use of, the disruption of, or the failure of McHenry to adequately or effectively provide Dispatching Services pursuant to this Agreement. Marengo shall reimburse McHenry for any attorneys’ fees incurred by McHenry in connection with defense of any such alleged claim, injury or loss, occurring during the term of this Agreement or thereafter arising out of the activities contemplated by this Agreement provided that the cause of action is not the result of negligence, lack of due care, gross negligence or willful and wanton misconduct on behalf of McHenry or its agents. 8.Insurance: Marengo shall maintain, for the term of this Agreement, and any extensions thereof, comprehensive general liability insurance, issued by an insurance company qualified to do business in the State of Illinois, with minimum limits of $1,000,000/$3,000,000. McHenry shall be named as an additional insured on said policy and the policy shall provide that McHenry be given 30 days written notice of cancellation or material charges thereto. Marengo Fire Protection District City of McHenry By__________________________________ By_________________________________ Board President Date Its Mayor Date 12 Intergovernmental Agreement for Dispatch Services Between the City of McHenry and Union Fire Protection District This Agreement is effective this 1st day of May, 2021 by and between the City of McHenry (“McHenry”) and the Union Fire Protection District (“Union”). Recitals A. McHenry provides, among other services, radio dispatched police / law enforcement services and fire / ems services (“Dispatching Services”). B. Union desires to continue utilizing Dispatching Services of McHenry for the purposes of providing 24-hour E 9-1-1 telephone answering service, emergency radio dispatch to fire personnel employed by the District and other services. C. McHenry and Union have the power and authority to enter into this Agreement pursuant to the provisions of Article VII, Section 10 of the Illinois Constitution of 1979, and the Illinois Intergovernmental Cooperation Act, as amended, 5 ILCS 220/1 et seq., and other applicable authority. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged as being received, Union and McHenry agree as follows: 1. Term of Agreement: This Agreement shall commence on May 1, 2021 and terminate on April 30, 2024, unless earlier terminated by either party upon (6) six month’s written notice to the other party for any reason or no reason at all. In no event shall any portion of the fee payable herein be subject to reimbursement due to early termination of this Agreement by either party. This Agreement may only be extended by written agreement of both parties hereto. 2. McHenry’s Obligation: McHenry shall provide Dispatching Services to Union during the term of this Agreement in accordance with Illinois law including but not limited to 210 ILCS 50/ et seq. commonly known as the “Emergency Medical Services EMS Systems Act”. Additional services may include the initiation of emergency weather warning sirens. 3. Union Hardware: At its sole expense, Union shall install and maintain any required radio infrastructure necessary to receive radio communications from its personnel and relay them to the McHenry Communications Center in McHenry, Illinois. The cost of telephone lines and interface equipment necessary to accomplish these services shall be the responsibility of Union. 4. No Supervision of Direction: McHenry Dispatching Services provided to Union hereunder are limited to the dispatch of Union Fire Protection District personnel. McHenry dispatchers and on-duty supervisory personnel have no responsibility to ensure that Union fire personnel comply with any applicable rules and regulations. The supervision and direction of Union fire personnel are outside the scope of this Agreement and remain the responsibility of Union. 5. Dispatch Fee: Beginning on May 1, 2021, Marengo shall pay monthly dispatch fees to McHenry, to be paid no later than the 10th day of each month (“Dispatch Fees”). The 13 2 Dispatch Fees for Fiscal Year 2021/2022 shall be calculated at the rate of $30.47 per service call (“Service Call Rate”) multiplied by the number of service calls dispatched by McHenry for Union during calendar year 2020. Commencing on each anniversary date of this Agreement, the Service Call Rate shall each increase by 2.5% each year (“Adjusted Dispatch Rates”) and the Adjusted Dispatch Rates shall be multiplied by the number of service calls dispatched by McHenry for Union in the prior calendar year, thereby arriving at the Adjusted Dispatch Fees for the next year of Dispatch Services to be paid on the same monthly basis as the Original Term Dispatch Fee. Miscellaneous Provisions 6.No Agency Created: Only an independent contractor relationship is created by this Agreement and neither party shall constitute an authorized agent of the other. This Agreement constitutes the entire agreement between the parties hereto and no other person or entity shall be deemed to be a beneficiary of this Agreement. No party shall assign this Agreement or the rights and duties hereunder. All notices give or required under this Agreement shall be in writing and sent by certified mail to McHenry Police Chief or the Union Fire Chief, respectively. 7.Indemnification: Union hereby indemnifies McHenry and its elected and appointed officials, attorneys, officers, and employees, and hold them harmless from any claim, injury, or loss, no matter how allegedly sustained, arising out of or related in any way to the provision of, the use of, the disruption of, or the failure of McHenry to adequately or effectively provide Dispatching Services pursuant to this Agreement. Union shall reimburse McHenry for any attorneys’ fees incurred by McHenry in connection with defense of any such alleged claim, injury or loss, occurring during the term of this Agreement or thereafter arising out of the activities contemplated by this Agreement provided that the cause of action is not the result of negligence, lack of due care, gross negligence or willful and wanton misconduct on behalf of McHenry or its agents. 8.Insurance: Union shall maintain, for the term of this Agreement, and any extensions thereof, comprehensive general liability insurance, issued by an insurance company qualified to do business in the State of Illinois, with minimum limits of $1,000,000/$3,000,000. McHenry shall be named as an additional insured on said policy and the policy shall provide that McHenry be given 30 days written notice of cancellation or material charges thereto. Union Fire Protection District City of McHenry By__________________________________ By_________________________________ Board President Date Its Mayor Date 14 Intergovernmental Agreement for Dispatch Services Between the City of McHenry and Harvard Fire Protection District This Agreement is effective this 1st day of May, 2021 by and between the City of McHenry (“McHenry”) and the Harvard Fire Protection District (“Harvard”). Recitals A.McHenry provides, among other services, radio dispatched police / law enforcement services and fire / ems services (“Dispatching Services”). B.Harvard desires to continue utilizing Dispatching Services of McHenry for the purposes of providing 24-hour E 9-1-1 telephone answering service, emergency radio dispatch to fire personnel employed by the District and other services. C.McHenry and Harvard have the power and authority to enter into this Agreement pursuant to the provisions of Article VII, Section 10 of the Illinois Constitution of 1979, and the Illinois Intergovernmental Cooperation Act, as amended, 5 ILCS 220/1 et seq., and other applicable authority. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged as being received, Harvard and McHenry agree as follows: 1.Term of Agreement: This Agreement shall commence on May 1, 2021 and terminate on April 30, 2024, unless earlier terminated by either party upon (6) six month’s written notice to the other party for any reason or no reason at all. In no event shall any portion of the fee payable herein be subject to reimbursement due to early termination of this Agreement by either party. This Agreement may only be extended by written agreement of both parties hereto. 2.McHenry’s Obligation: McHenry shall provide Dispatching Services to Harvard during the term of this Agreement in accordance with Illinois law including but not limited to 210 ILCS 50/ et seq. commonly known as the “Emergency Medical Services EMS Systems Act”. Additional services may include the initiation of emergency weather warning sirens. 3.Harvard Hardware: At its sole expense, Harvard shall install and maintain any required radio infrastructure necessary to receive radio communications from its personnel and relay them to the McHenry Communications Center in McHenry, Illinois. The cost of telephone lines and interface equipment necessary to accomplish these services shall be the responsibility of Harvard. 4.No Supervision of Direction: McHenry Dispatching Services provided to Harvard hereunder are limited to the dispatch of Harvard Fire Protection District personnel. McHenry dispatchers and on-duty supervisory personnel have no responsibility to ensure that Harvard fire personnel comply with any applicable rules and regulations. The supervision and direction of Harvard fire personnel are outside the scope of this Agreement and remain the responsibility of Harvard. 5.Dispatch Fee: Beginning on May 1, 2021, Harvard shall pay monthly dispatch fees to McHenry, to be paid no later than the 10th day of each month (“Dispatch Fees”). The 15 2 Dispatch Fees for Fiscal Year 2021/2022 shall be calculated at the rate of $30.47 per service call (“Service Call Rate”) multiplied by the number of service calls dispatched by McHenry for Harvard during calendar year 2020. Commencing on each anniversary date of this Agreement, the Service Call Rate shall each increase by 2.5% each year (“Adjusted Dispatch Rates”) and the Adjusted Dispatch Rates shall be multiplied by the number of service calls dispatched by McHenry for Harvard in the prior calendar year, thereby arriving at the Adjusted Dispatch Fees for the next year of Dispatch Services to be paid on the same monthly basis as the Original Term Dispatch Fee. Miscellaneous Provisions 6. No Agency Created: Only an independent contractor relationship is created by this Agreement and neither party shall constitute an authorized agent of the other. This Agreement constitutes the entire agreement between the parties hereto and no other person or entity shall be deemed to be a beneficiary of this Agreement. No party shall assign this Agreement or the rights and duties hereunder. All notices give or required under this Agreement shall be in writing and sent by certified mail to McHenry Police Chief or the Harvard Fire Chief, respectively. 7. Indemnification: Harvard hereby indemnifies McHenry and its elected and appointed officials, attorneys, officers, and employees, and hold them harmless from any claim, injury, or loss, no matter how allegedly sustained, arising out of or related in any way to the provision of, the use of, the disruption of, or the failure of McHenry to adequately or effectively provide Dispatching Services pursuant to this Agreement. Harvard shall reimburse McHenry for any attorneys’ fees incurred by McHenry in connection with defense of any such alleged claim, injury or loss, occurring during the term of this Agreement or thereafter arising out of the activities contemplated by this Agreement provided that the cause of action is not the result of negligence, lack of due care, gross negligence or willful and wanton misconduct on behalf of McHenry or its agents. 8. Insurance: Harvard shall maintain, for the term of this Agreement, and any extensions thereof, comprehensive general liability insurance, issued by an insurance company qualified to do business in the State of Illinois, with minimum limits of $1,000,000/$3,000,000. McHenry shall be named as an additional insured on said policy and the policy shall provide that McHenry be given 30 days written notice of cancellation or material charges thereto. Harvard Fire Protection District City of McHenry By__________________________________ By_________________________________ Board President Date Its Mayor Date 16 Intergovernmental Agreement for Dispatch Services Between the City of McHenry and Village of Johnsburg This Agreement is effective this 1st day of May, 2021 by and between the City of McHenry (“McHenry”) and the Village of Johnsburg (“Johnsburg”). Recitals A.McHenry provides, among other services, radio dispatched police and law enforcement services (“Dispatching Services”). B.Johnsburg desires to continue utilizing Dispatching Services of McHenry for the purposes of providing 24-hour E 9-1-1 telephone answering service, emergency radio dispatch to police personnel employed by the Village and other services. C.McHenry and Johnsburg have the power and authority to enter into this Agreement pursuant to the provisions of Article VII, Section 10 of the Illinois Constitution of 1979, and the Illinois Intergovernmental Cooperation Act, as amended, 5 ILCS 220/1 et seq., and other applicable authority. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged as being received, Johnsburg and McHenry agree as follows: 1.Term of Agreement: This Agreement shall commence on May 1, 2021 and terminate on April 30, 2024, unless earlier terminated by either party upon (6) six month’s written notice to the other party for any reason or no reason at all. In no event shall any portion of the fee payable herein be subject to reimbursement due to early termination of this Agreement by either party. This Agreement may only be extended by written agreement of both parties hereto. 2. McHenry’s Obligation: McHenry shall provide Dispatching Services to Johnsburg during the term of this Agreement in accordance with Illinois law including but not limited to 210 ILCS 50 et seq. Commonly known as the “Emergency Medical Services EMS Systems Act”. Additional services include monitoring telephone services after 4:00 p.m., or as needed, initiation of emergency weather warning sirens and closed-circuit camera monitoring. 3.Johnsburg Hardware: At its sole expense, Johnsburg shall install and maintain any required radio infrastructure necessary to receive radio communications from its personnel and relay them to the McHenry Communications Center in McHenry, Illinois. The cost of telephone lines and interface equipment necessary to accomplish these services shall be the responsibility of Johnsburg. 4.No Supervision of Direction: McHenry Dispatching Services provided to Johnsburg hereunder are limited to the dispatch of Johnsburg police officers. McHenry dispatchers and on-duty supervisory personnel have no responsibility to ensure that Johnsburg police officers comply with any applicable rules and regulations. The supervision and direction Johnsburg police officers are outside the scope of this Agreement and remain the responsibility of Johnsburg. 5.Dispatch Fee: Beginning on May 1, 2019, Johnsburg shall pay monthly dispatch fees to McHenry, to be paid no later than the 10th day of each month (“Dispatch Fees”). The 17 2 Dispatch Fees for Fiscal Year 2021/2022 shall be calculated at the rate of $30.47 per service call (“Service Call Rate”) and $13.66 per traffic stop (“Traffic Stop Rate”) multiplied by the number of service calls and Traffic calls dispatched by McHenry for Johnsburg during calendar year 2020. Commencing on each anniversary date of this Agreement, the Service Call Rate and Traffic Stop Rate shall each increase by 2.5% each year (“Adjusted Dispatch Rates”) and the Adjusted Dispatch Rates shall be multiplied by the number of service calls and traffic calls dispatched by McHenry for Johnsburg in the prior calendar year, thereby arriving at the Adjusted Dispatch Fees for the next year of Dispatch Services to be paid on the same monthly basis as the Original Term Dispatch Fee. Miscellaneous Provisions 6.No Agency Created: Only an independent contractor relationship is created by this Agreement and neither party shall constitute an authorized agent of the other. This Agreement constitutes the entire agreement between the parties hereto and no other person or entity shall be deemed to be a beneficiary of this Agreement. No party shall assign this Agreement or the rights and duties hereunder. All notices give or required under this Agreement shall be in writing and sent by certified mail to McHenry Police Chief or the Johnsburg Police Chief, respectively. 7.Indemnification: Johnsburg hereby indemnifies McHenry and its elected and appointed officials, attorneys, officers, and employees, and hold them harmless from any claim, injury, or loss, no matter how allegedly sustained, arising out of or related in any way to the provision of, the use of, the disruption of, or the failure of McHenry to adequately or effectively provide Dispatching Services pursuant to this Agreement. Johnsburg shall reimburse McHenry for any attorneys’ fees incurred by McHenry in connection with defense of any such alleged claim, injury or loss, occurring during the term of this Agreement or thereafter arising out of the activities contemplated by this Agreement provided that the cause of action is not the result of negligence, lack of due care, gross negligence or willful and wanton misconduct on behalf of McHenry or its agents. 8.Insurance: Johnsburg shall maintain, for the term of this Agreement, and any extensions thereof, comprehensive general liability insurance, issued by an insurance company qualified to do business in the State of Illinois, with minimum limits of $1,000,000/$3,000,000. McHenry shall be named as an additional insured on said policy and the policy shall provid e that McHenry be given 30 days written notice of cancellation or material charges thereto. Village of Johnsburg City of McHenry By By Its President Date Its Mayor Date 18 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 CONSENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: March 1, 2021, Regular City Council Meeting RE: Commercial Tenant Incentive Grant Application for El Gordo Mexican Restaurant ATT: Commercial Tenant Grant Application AGENDA ITEM SUMMARY: El Gordo Mexican Restaurant, an existing business, has submitted for a $10,000 Commercial Tenant Incentive Grant. ANALYSIS: El Gordo is located at 929 N Front Street. They are seeking a $10,000 grant to pay for improvements including adding new furniture, new bar, outdoor patio, outdoor tables and fencing. More information regarding these improvements can be found in the attached grant application package. The maximum grant they are eligible to receive is $10,000. This is a 50% matching grant that will not be paid out until fiscal year 2021/2022. RECOMMENDATION: If the City Council concurs it is recommended to enter into an agreement with the owners of El Gordo Mexican Restaurant for a Commercial Tenant Incentive Grant in a n amount not-to- exceed $10,000. 19 20 21 22 23 24 25 Bill Hobson, Director of Parks and Recreation McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us 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 SUPPLEMENT DATE: March 1, 2021 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: 2021 McHenry Rotary Club Blues, Brews & BBQ’s Festival ATT: Letter of Request Event Schedule Agenda Item Summary: The McHenry Rotary Club is requesting the temporary use of Petersen Park from Friday, August 19 through Monday, August 23, for the 2021 annual Blues, Brews and BBQ’s event. The actual event will take place on Friday, August 20, through Sunday, August 22 - use of Petersen Park on the Thursday preceding and Monday after is requested to facilitate event setup and cleanup. Background: Despite being cancelled last year, for the previous 9 years, the McHenry Rotary Club has hosted the festival that includes food vendors, live bands, a raffle and a home brew beer contest at the western portion of the park along with a special event liquor license to serve beer, wine, and malt beverages. The Rotary Club’s goal is to host a family friendly event. The event hours have not varied much from past years; proposed hours are Friday 4:30 PM to 11:00 PM; Saturday 3:00 PM to 11:00 PM; and Sunday 12:00 PM to 6:00 PM. Each day will include food, live music, and beer service. A $10 donation will be requested at the gate and children 12 and under accompanied by an adult and Armed Forces personnel in uniform will be admitted free. The home brew beer competition will replace the BBQ cook-off. This event will not be for public consumption and will be much less intense than the large-scale BBQ cook-off. Analysis: The city will have police presence at the event to ensure public safety. The cost to provide police services is estimated at $7,500 in addition to the $500 park rental fee to cover the cost for the city to prepare the park for the event and incidentals such as general patrol of the washroom facilities by a parks employee. Rotary is requesting approval of a fee reduction of 50% for all reimbursable costs similar to what was approved for Fiesta Days. Volunteers from the Rotary Club will operate all other aspects of the event including trash pickup, parking, stage, and sound. 26 Rotary has hired a local security firm to provide wrist banding for alcohol service and local business volunteers will serve the alcohol. Alcohol ticket sales will cease 30-minutes prior to festival closing times. The Rotary Club will place 18” x 24” election style signage advertising the event in municipal right-of-ways at locations authorized in the Municipal Code. The signs would be installed one week prior to the event. RECOMMENDATION: If City Council concurs then it is recommended that a motion be made to grant the McHenry Rotary Club 1) use of Petersen Park to setup, host, and cleanup for the Blues, Brew & BBQ’s festival from Thursday, August 19, through Monday, August 23, 2) special event liquor license for the sale of beer, wine, and malt liquor with drink ticket sales to cease 30-minutes prior to park closure, 3) a 50% reduction of the charges for city services incurred as a result of this event, 4) permission to post temporary advertising signs in municipal right-of-ways. The event will, of course, be subject to any mitigation guidelines as per the Restore Illinois program at the time of the event. 27 2/9/2021 To: City of McHenry RE: Event Schedule and Information. WWW.MRBBB.com 10th Annual McHenry Rotary-BLUES, BREWS and BBQ’S Dates: Friday Aug. 20th thru Sunday Aug. 22nd, 2021 Location: PETERSEN PARK, 4300 Petersen Park rd. McHenry, IL 60050 McHenry Noon Rotary’s Premier fund raising event. A three day Festival with Music, Beer and Wine, Food, Home Brew Contest, and a Rotary Club Raffle. Week Of Event Schedule: Tuesday Schedule utility locate, preliminary layout, meet on site with park staff. Wednesday Rotary detailed park layout, mark/ flag for vendors. Thursday Set up tents 8 am. Vendor arrival/pm set up, electrical hook-ups Schedule Friday afternoon electrical / tent inspection by Community Development. Lay cable / gray water trays. Over Night Security starts. Friday Set up tables/banners, Rotary Lunch, 4pm Health Dept. & City inspections. Gates open 4:30 Food / Beer 5:00 to 10:45 (Beer ticket sales stop 10:30) Bands 5:30 to 11:00 pm Grounds close -11:00pm Saturday Food / Beer 3:00 to 10:45 (Beer ticket sales stop 10:30) Bands 4:00 to 11:00 pm Grounds close -11:00pm Sunday Food /Beer Noon to 5:00 pm (Beer ticket sales stop 4:45) Bands 12:00pm to 5:00pm *** Grounds close -6:00pm Rotary Teardown tables / banners Monday Aug. 21st Park clean-up / remove tents, toilets, garbage and equipment. 28 Misc. Information Set up tent at Farmers Market for the three weeks before to Pre-sell tickets at Concert in the Park. Gate $10 (donation for charity) 12 - under free, uniformed Service men and women free. Tents by Rotary Entry gate 20’x20’, main dinning tent 60’x100’, beer area 40’x40’, wrist band/ticket sales 20’x20’, food vendor canopies 20’x20’. Stage tent set under canopy with 11’ legs. Judging Tent 30’x40’ North end of Park, Stage Area 10’x10’ tent. Food / Beverage served all 3 days, up to 6 BBQ / food vendors, and other food trucks. Bands will be local and regional. Clean up and overnight security supplied by Rotary, Thursday night thru Sunday night. Parking traffic layout and control by volunteers, motorcycle parking area on paved lot 2 temporary generator parking lot lights. Additional Portable Bathroom’s, wash sinks and gray water / grease disposal. Garbage 2 – 20 cy dumpsters with disposal. Stage Sound and Lighting. Overnight Private Security Thursday Night thru Sunday Night by Rotary. 9 Beers on tap / Wine/ Malt Beverages – supplied by Chas. Herdrich & Son. Wrist bands supplied thru Chas. Herdrich, different color each night, I. D. and banding by Rotary. Beer served by volunteer/ sponsor, business groups, supervised by Rotary. Rotary to supply insurance, obtain City and State Liquor License, and sell beer tickets. 2 drink at a time walk away limit. Pint refillable Glasses with event logo to be sold. Signage Around Town: two weeks before, 15 signs 18”x24”, advertising event, park directions. 3 signs approx. 4’x8’ temp signs placed on private property Advertising: Newspaper, Radio, Community Signs, Web Site, Social Media, Bill Boards, Flyers and Rotary Club-runner. Pre-sell Sponsor / Cooperate packages of entry tickets. Insurance: Rain out insurance, General and Dram Shop Insurance by Rotary Damage to Park facilities / major turf repair by Rotary. Health Department permits by Vendors and Rotary. Rescue squad / first aid - McHenry Township Fire. Proceeds- All proceeds go to McHenry Rotary Charitable Foundation. City of McHenry Requirements Park Staff to set picnic Tables and Garbage Cans Additional Police provided during event. Provide one park staff person during event hours. Utilities, water (cold only), electricity from existing panels. Stage Cover, boom truck for stage banners on Thursday afternoon. Picnic Tables / Benches, wood spools, umbrellas, Garbage cans with one case of 50 gal. trash bags. Motorcycle parking lot on paved area. Light Temporary Toilets. Galvanized Barricades around stage, at beer tent and 4 at Judging Tent Traffic Barricades for Parking / Driveway. Any questions, please contact either Rotarian, Don Tonyan cell 1-815-482-0746 Denis Buch cell 1-815-341-0012 29 ** If Covid Regulations or Restrictions do not allowing a Social Gathering at the Park, the event may be move to McHenry Outdoor and / or be Live Streamed from another location. 30 1 1 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 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 Tuesday, February 16, 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, Alderman Schaefer, Alderman Harding- absent, Alderman Mihevc, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present: Attorney McArdle, Administrator Morefield-absent, 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. 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) 31 City of McHenry Council Meeting Minutes 2.16..21 4 F. Pay application request #30 to William Brothers Construction, Inc. for the McHen ry 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. 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, Alderman Schaefer, Alderman Harding -absent, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. *Clerks Note: Alderman Harding entered meeting at 7:05 PM 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; No Public Comment. Per Director Polerecky this property will be rezoned. A motion was made by Alderman Santi and seconded by Alderman Devine to approve Individual Agenda Items as presented: Roll Call: Vote: 8-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, A lderman Mihevc, Alderman Devine, Alderwoman Miller, Mayor Jett. 0-nays, 0-abstained. Motion carried. b. An Ordinance annexing approximately 7.76 acres located east of Illinois Route 31 and south of Shamrock Lane in McHenry, Illinois ; No Public Comment. A motion was made by Alderwoman Miller and seconded by Alderman Harding to approve Individual Agenda Items as presented: Roll Call: Vote: 8-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller, Mayor Jett. 0-nays, 0-abstained. Motion carried. c. An Ordinance annexing approximately 3.90 acres located east of Illinois Route 31 and south of Bull Valley Road in McHenry, Illinois; and, A motion was made by Alderman Harding and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 8-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, A lderman Mihevc, Alderman Devine, Alderwoman Miller, Mayor Jett. 0-nays, 0-abstained. Motion carried. 32 City of McHenry Council Meeting Minutes 2.16..21 4 Discussion Items: A. Lafarge update from Randi Willie regarding the status of the gravel pit . Plan review is required every year and Randi Wilie gave the over view and presentation to The Counsel. The phases of mining were explained, explained that they are still in the dry mining phase, next is the wet mining phase, they were behind from last year to the events that have occurred in 2020. Only one complaint this year from neighbors, a good track record. B. All Marine Retro Rental Expansion Proposal Presented by Bill Hobson, met with Michelle and Dillan Streit, boat renta ls concessions etc. They were able to open after Labor Day, due to all that occurred in 2020. The owners were on the call and they talked about signage and how to make them more visible to the public. One idea was placing a boat at Miller Point Pier with advertising or the Buddyz’ Pier. Talk about interest in a liquor license also occurred, it would be nice for those waiting in the area to enjoy. The extension of the license agreement for another year was also discussed, due to what happened last year. The kayaks and pontoons are the best-selling features. Staff Reports: Director Hobson, Shamrock of the Fox 5k, dying of river and open carry are the three easiest to address right now during the pandemic. The parade may not be the safest part at this moment and would be the one event that may be held off, he will keep The Counsel updated. Mayor’s Report: None City Council Comments: None Executive Session if Needed: Not needed. Adjourn: A motion was made Alderman Santi and seconded by Alderman Miller to adjourn the meeting at 8:02 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 33 Expense Approval Register McHenry, IL List of Bills Council Meeting- 3-1-21 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: AEP ENERGY AEP ENERGY INV0011134 03/01/2021 UTIL 100-33-5520 3,178.73 AEP ENERGY INV0011134 03/01/2021 UTIL 100-42-5510 335.54 AEP ENERGY INV0011134 03/01/2021 UTIL 100-45-5510 919.28 AEP ENERGY INV0011134 03/01/2021 UTIL 400-00-5510 2,380.90 AEP ENERGY INV0011135 03/01/2021 UTIL 510-31-5510 10,617.41 AEP ENERGY INV0011135 03/01/2021 UTIL 510-32-5510 22,257.88 Vendor AEP ENERGY Total: 39,689.74 Vendor: BANK OF NEW YORK MELLON, THE BANK OF NEW YORK MELLON, 252-2359487 03/01/2021 MCHENRY 13 BOND SERIES 300-00-7300 428.00 Vendor BANK OF NEW YORK MELLON, THE Total: 428.00 Vendor: BAXTER & WOODMAN BAXTER & WOODMAN 15 03/01/2021 CURRAN RD S CURVE 270-00-8600 396.85 Vendor BAXTER & WOODMAN Total: 396.85 Vendor: CARR, ROBERT CARR, ROBERT 505 03/01/2021 EXT WALL PAINTING VACC CL 100-01-5110 2,500.00 Vendor CARR, ROBERT Total: 2,500.00 Vendor: COMED COMED INV0011137 03/01/2021 UTIL 100-33-5520 24.60 COMED INV0011138 03/01/2021 UTIL 510-32-5510 2,286.63 Vendor COMED Total: 2,311.23 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN00410699 03/01/2021 MUN RADIO MAINT 12/16- 225-00-5110 1,391.00 Vendor FOX VALLEY FIRE & SAFETY Total: 1,391.00 Vendor: HRGREEN HRGREEN 138700 03/01/2021 PRELIM ENG GREEN ST 270-00-8600 6,112.80 HRGREEN 139185 03/01/2021 PRELIM ENG GREEN ST 270-00-8600 19,185.00 Vendor HRGREEN Total: 25,297.80 Vendor: JETT, WAYNE JETT, WAYNE INV0011139 03/01/2021 PMT FOR VACCINE CLINIC FIRE 100-01-5110 576.00 JETT, WAYNE INV0011140 03/01/2021 VACCINE CLINIC SUPPLIES 100-01-5110 61.61 Vendor JETT, WAYNE Total: 637.61 Vendor: KOVACH, WAYNE KOVACH, WAYNE INV0011141 03/01/2021 MAILBOX REIMB, SNOWPLOW 100-33-6110 50.00 Vendor KOVACH, WAYNE Total: 50.00 Vendor: MARSH USA INC MARSH USA INC 376332115817 03/01/2021 D GLICK NOTARY BOND 100-01-6940 20.00 MARSH USA INC 376333240879 03/01/2021 L MARTENSON NOTARY BOND 100-01-6940 20.00 MARSH USA INC 376337643540 03/01/2021 C LYNCH BOND 100-01-6940 100.00 Vendor MARSH USA INC Total: 140.00 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 95176 03/01/2021 NOTARY ST - CLESEN, 100-22-6210 101.25 Vendor MINUTEMAN PRESS OF MCH Total: 101.25 Vendor: MUNICIPAL COLLECTION SERVICES INC MUNICIPAL COLLECTION 018481 03/01/2021 MCCALEB COLL 100-04-5110 27.74 MUNICIPAL COLLECTION 018482 03/01/2021 COLL 100-04-5110 13.91 Vendor MUNICIPAL COLLECTION SERVICES INC Total: 41.65 Vendor: OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD OTTOSEN DINOLFO 132752 03/01/2021 LABOR 100-01-5230 270.00 Vendor OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD Total: 270.00 2/24/2021 12:29:58 PM 34 Expense Approval Register Packet: APPKT02044 - 3-1-21 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: SYNCB/AMAZON SYNCB/AMAZON 123 1 2-10-21 03/01/2021 MTHLY 100-01-8200 790.50 SYNCB/AMAZON 123 1 2-10-21 03/01/2021 MTHLY 100-22-6210 260.80 SYNCB/AMAZON 123 1 2-10-21 03/01/2021 MTHLY 100-23-6210 25.36 SYNCB/AMAZON 7889 2/10/21 03/01/2021 MTHLY 100-03-6110 39.89 SYNCB/AMAZON 7889 2/10/21 03/01/2021 MTHLY 100-04-6210 43.87 SYNCB/AMAZON 7889 2/10/21 03/01/2021 MTHLY 100-06-6110 34.04 SYNCB/AMAZON 7889 2/10/21 03/01/2021 MTHLY 100-45-6110 202.34 SYNCB/AMAZON 7889 2/10/21 03/01/2021 MTHLY 100-46-6110 87.91 SYNCB/AMAZON 7889 2/10/21 03/01/2021 MTHLY 100-46-6920 119.20 SYNCB/AMAZON 7889 2/10/21 03/01/2021 MTHLY 400-40-6110 29.74 SYNCB/AMAZON 7889 2/10/21 03/01/2021 MTHLY 620-00-6270 160.88 Vendor SYNCB/AMAZON Total: 1,794.53 Vendor: THEODORE POLYGRAPH SERV THEODORE POLYGRAPH SERV 7239 03/01/2021 A MARTINEZ PD 100-21-5110 200.00 THEODORE POLYGRAPH SERV 7250 03/01/2021 D LINCICUM PD 100-21-5110 200.00 Vendor THEODORE POLYGRAPH SERV Total: 400.00 Vendor: TYLER BUSINESS FORMS TYLER BUSINESS FORMS 57423 03/01/2021 TAX FORMS 100-04-6210 34.71 Vendor TYLER BUSINESS FORMS Total: 34.71 Vendor: U.S. BANK U.S. BANK 436137624 03/01/2021 RICOHS 620-00-5110 336.21 Vendor U.S. BANK Total: 336.21 Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILL CO 7358 03/01/2021 SLUDGE 510-32-5580 1,482.38 Vendor WINNEBAGO LANDFILL CO Total: 1,482.38 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 147746 03/01/2021 LEGAL 100-01-5230 6,521.25 ZUKOWSKI ROGERS FLOOD & 147748 03/01/2021 COVID 100-01-5230 647.50 ZUKOWSKI ROGERS FLOOD & 147749 03/01/2021 LENNAR 100-01-5230 217.50 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 7,386.25 Vendor: ZUNKEL, SANDY ZUNKEL, SANDY INV0011142 03/01/2021 MMAC DUAL MEET SUPPLIES 100-47-6110 134.72 Vendor ZUNKEL, SANDY Total: 134.72 Grand Total: 84,823.93 2/24/2021 12:29:58 PM 35 Expense Approval Register Packet: APPKT02044 - 3-1-21 AP CKS Fund Summary Fund Expense Amount 100 - GENERAL FUND 17,758.25 225 - ALARM BOARD FUND 1,391.00 270 - MOTOR FUEL TAX FUND 25,694.65 300 - DEBT SERVICE-1997A FUND 428.00 400 - RECREATION CENTER FUND 2,410.64 510 - WATER/SEWER FUND 36,644.30 620 - INFORMATION TECHNOLOGY FUND 497.09 Grand Total: 84,823.93 36 Expense Approval Register McHenry, IL #2 List of Bills Council Meeting - 3-1-21 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: A-ABLE ALARM SERVICE INC A-ABLE ALARM SERVICE INC 67625 03/01/2021 PD RENOVATION 100-01-8200 788.82 Vendor A-ABLE ALARM SERVICE INC Total: 788.82 Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, R A SO33598 03/01/2021 Vehicle Repairs 100-45-5370 116.54 Vendor ADAMS ENTERPRISES INC, R A Total: 116.54 Vendor: ADVANCED AUTOMATION AND CONTROLS INC ADVANCED AUTOMATION AND 21-3570 03/01/2021 Troubleshoot and repair Drain 510-32-5370 230.00 ADVANCED AUTOMATION AND 21-3570A 03/01/2021 alarm plant 1 repair inv 213570 510-31-5110 230.00 Vendor ADVANCED AUTOMATION AND CONTROLS INC Total: 460.00 Vendor: AMERICAN HEATING & COOLING AMERICAN HEATING & 04042731 03/01/2021 HVAC repairs LPCC 100-45-5110 2,400.00 AMERICAN HEATING & 04042734 03/01/2021 Shop repairs 100-45-5110 496.80 Vendor AMERICAN HEATING & COOLING Total: 2,896.80 Vendor: AQUAFIX AQUAFIX 34823 03/01/2021 Chemicals for ammonia 510-32-6110 569.80 Vendor AQUAFIX Total: 569.80 Vendor: AQUALAB WATER TREATMENT, INC AQUALAB WATER TREATMENT, 6112 03/01/2021 Water Treatment 100-03-5120 100.00 Vendor AQUALAB WATER TREATMENT, INC Total: 100.00 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC INV063676 03/01/2021 433/434 (63676) 100-33-5370 1,381.28 Vendor AUTO TECH CENTERS INC Total: 1,381.28 Vendor: BADGER METER INC BADGER METER INC 80067676 03/01/2021 meter reading software inv 510-31-5110 589.02 Vendor BADGER METER INC Total: 589.02 Vendor: BERKHEIMER CO INC, G W BERKHEIMER CO INC, G W 822059 03/01/2021 Sludge Building- 13-415344-01 510-32-5375 16.44 Vendor BERKHEIMER CO INC, G W Total: 16.44 Vendor: BUSS FORD SALES BUSS FORD SALES 5040134 03/01/2021 323 (5040134) 100-22-5370 48.48 Vendor BUSS FORD SALES Total: 48.48 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 64058 03/01/2021 Paper Towels 100-03-5120 147.32 Vendor CABAY & COMPANY INC Total: 147.32 Vendor: CALEA CALEA INV34959 03/01/2021 ANNUAL CONTINUATION FEE 100-22-5110 4,595.00 Vendor CALEA Total: 4,595.00 Vendor: CDW GOVERNMENT INC CDW GOVERNMENT INC 7831213 03/01/2021 Spare HP Docking Station 620-00-6270 202.14 CDW GOVERNMENT INC 7831213 03/01/2021 HDMI to USB Video Adapter 620-00-6270 59.39 Vendor CDW GOVERNMENT INC Total: 261.53 Vendor: CENTRAL TREE SERVICE CENTRAL TREE SERVICE 6650 03/01/2021 Log Removal - WWTP QUOTE 100-30-6950 3,500.00 Vendor CENTRAL TREE SERVICE Total: 3,500.00 Vendor: CHRONICLE MEDIA, LLC CHRONICLE MEDIA, LLC 22405 03/01/2021 Forced Annexation Publ Notice 100-01-5330 325.00 Vendor CHRONICLE MEDIA, LLC Total: 325.00 2/24/2021 12:31:13 PM 37 Expense Approval Register Packet: APPKT02046 - 3-1-21 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: COMCAST CABLE COMCAST CABLE 0291 2-1-21 03/01/2021 CH Cable TV 620-00-5110 31.54 COMCAST CABLE 2866 2-5-21 03/01/2021 PW Cable TV & Internet 620-00-5110 186.06 COMCAST CABLE 3136 2-4-21 03/01/2021 WW Cable TV & Internet 620-00-5110 139.96 Vendor COMCAST CABLE Total: 357.56 Vendor: CONNEY SAFETY PRODUCTS CONNEY SAFETY PRODUCTS 05950477 03/01/2021 Disinfectant for Swim Team 100-47-6110 221.42 Vendor CONNEY SAFETY PRODUCTS Total: 221.42 Vendor: CONSERV FS CONSERV FS 65110823 03/01/2021 Ice Control 100-45-6110 325.85 Vendor CONSERV FS Total: 325.85 Vendor: CORE & MAIN CORE & MAIN N697574 03/01/2021 Repair Clamps(In#N697574) 510-31-6110 593.74 Vendor CORE & MAIN Total: 593.74 Vendor: CY ARMORY - CONDITION YELLOW ACADEMY CY ARMORY - CONDITION 100 03/01/2021 DUTY LIGHTS 100-22-6110 2,000.00 Vendor CY ARMORY - CONDITION YELLOW ACADEMY Total: 2,000.00 Vendor: FUN EXPRESS LLC FUN EXPRESS LLC 707945749-01 03/01/2021 Spec Event - Bunny Breakfast 100-46-6920 52.63 Vendor FUN EXPRESS LLC Total: 52.63 Vendor: GALLS LLC GALLS LLC 017565889 03/01/2021 POLIDORI SGT PROMOTION 100-22-4510 93.70 GALLS LLC 017646564 03/01/2021 UNIFORM ORDER 100-22-4510 55.22 GALLS LLC 017647923 03/01/2021 UNIFORM ORDER - ZUMWALT 100-22-4510 49.30 GALLS LLC 017649644 03/01/2021 UNIFORM ORDER - 100-23-4510 83.00 GALLS LLC 017654854 03/01/2021 UNIFORM ORDER - SPOHN 100-22-4510 302.76 GALLS LLC 017657355 03/01/2021 UNIFORM ORDER - PENA 100-22-4510 32.23 GALLS LLC 017657910 03/01/2021 UNIFORM ORDER - PARDUE 100-22-4510 32.84 Vendor GALLS LLC Total: 649.05 Vendor: GRAINGER GRAINGER 9804855188 03/01/2021 Door Closer 510-32-6110 138.55 Vendor GRAINGER Total: 138.55 Vendor: GREAT LAKES FIRE & SAFETY EQUIPMENT CO GREAT LAKES FIRE & SAFETY 17145 03/01/2021 1900 Richmond (Covid) - Fire 100-33-5110 182.00 Vendor GREAT LAKES FIRE & SAFETY EQUIPMENT CO Total: 182.00 Vendor: HACH COMPANY HACH COMPANY 11833499 03/01/2021 hach reagents inv 11833499 510-31-6110 63.20 Vendor HACH COMPANY Total: 63.20 Vendor: HEARTLAND BUSINESS SYSTEMS, LLC HEARTLAND BUSINESS 423633-H 03/01/2021 CORTEX XDR RENWAL - 620-00-5110 3,608.00 HEARTLAND BUSINESS 423833-H 03/01/2021 Microsoft Monthly M365 620-00-5110 3,969.38 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total: 7,577.38 Vendor: HYDRAULIC SERVICES AND REPAIRS INC HYDRAULIC SERVICES AND 360217 03/01/2021 plow cylinders (360217) 100-33-5370 2,157.80 Vendor HYDRAULIC SERVICES AND REPAIRS INC Total: 2,157.80 Vendor: HYDRO INTERNATIONAL (WASTEWATER) HYDRO INTERNATIONAL SIN-002287 03/01/2021 Micro Screen Belts and Pintail 510-32-5375 6,484.94 Vendor HYDRO INTERNATIONAL (WASTEWATER) Total: 6,484.94 Vendor: IN-PIPE TECHNOLOGY COMPANY INC IN-PIPE TECHNOLOGY 1867 03/01/2021 Monthly service fee INV#1867 510-32-5110 7,750.00 Vendor IN-PIPE TECHNOLOGY COMPANY INC Total: 7,750.00 Vendor: INTERNATIONAL ASSOC OF ARSON INVESTIGATORS INTERNATIONAL ASSOC OF 45133 03/01/2021 ARSON INVEST RENEWAL 100-22-5410 100.00 Vendor INTERNATIONAL ASSOC OF ARSON INVESTIGATORS Total: 100.00 2/24/2021 12:31:13 PM 38 Expense Approval Register Packet: APPKT02046 - 3-1-21 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 3022263578 03/01/2021 410 (3022263578) 100-33-5370 650.80 INTERSTATE BILLING SERVICE 3022272242 03/01/2021 636 (3022272242) 510-32-5370 72.00 INTERSTATE BILLING SERVICE 3022278210 03/01/2021 413 (3022278210) 100-33-5370 524.15 INTERSTATE BILLING SERVICE 3022280568 03/01/2021 406 (3022280568) 100-33-5370 480.00 INTERSTATE BILLING SERVICE 3022344493 03/01/2021 410 (3022344493) 100-33-5370 1,430.06 INTERSTATE BILLING SERVICE 3022362401 03/01/2021 410 (3022362401) 100-33-5370 1,774.00 INTERSTATE BILLING SERVICE 3022415554 03/01/2021 408 (3022415554) 100-33-5370 1,259.33 Vendor INTERSTATE BILLING SERVICE INC Total: 6,190.34 Vendor: JENSEN SALES CO INC, LEE JENSEN SALES CO INC, LEE 00009098-CL 03/01/2021 Bucket Slings INV# 00009098- 510-32-5375 75.00 Vendor JENSEN SALES CO INC, LEE Total: 75.00 Vendor: JG UNIFORMS INC JG UNIFORMS INC 81386 03/01/2021 UNIFORM ORDER - POPP 100-22-4510 288.00 JG UNIFORMS INC 81393 03/01/2021 UNIFORM ORDER - POLIDORI 100-22-4510 15.00 JG UNIFORMS INC 81394 03/01/2021 UNIFORM ORDER - J. BIRK 100-22-4510 303.86 JG UNIFORMS INC 81397 03/01/2021 UNIFORM ORDER - K. DUCAK 100-22-4510 153.06 JG UNIFORMS INC 81542 03/01/2021 UNIFORM ORDER - LOPEZ 100-22-4510 133.85 JG UNIFORMS INC 81544 03/01/2021 UNIFORM ORDER - ZAJAC 100-22-4510 270.60 Vendor JG UNIFORMS INC Total: 1,164.37 Vendor: JIMS MCHENRY AUTO BODY JIMS MCHENRY AUTO BODY 8979 03/01/2021 Truck 628 Repair Inv# 8979 510-32-5370 1,826.99 Vendor JIMS MCHENRY AUTO BODY Total: 1,826.99 Vendor: JOHNSON CONTROLS FIRE PROTECTION LP JOHNSON CONTROLS FIRE 87459991 03/01/2021 City Hall Door Access / Fire 620-00-8300 620.00 Vendor JOHNSON CONTROLS FIRE PROTECTION LP Total: 620.00 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 8604368 03/01/2021 kimball stock 100-33-5370 535.35 KIMBALL MIDWEST 8624039 03/01/2021 kimball stock 100-33-5370 328.15 Vendor KIMBALL MIDWEST Total: 863.50 Vendor: K-TECH SPECIALTY COATINGS, INC K-TECH SPECIALTY COATINGS, 202101-K0111 03/01/2021 Beet Heet Liquid De-Icer 100-33-6110 6,608.24 Vendor K-TECH SPECIALTY COATINGS, INC Total: 6,608.24 Vendor: LAKE GENEVA CRUISE LINE LAKE GENEVA CRUISE LINE INV0011146 03/01/2021 Trip - Lake Geneva 100-46-5110 100.00 Vendor LAKE GENEVA CRUISE LINE Total: 100.00 Vendor: LANG AUTO GROUP, GARY LANG AUTO GROUP, GARY 5053581 03/01/2021 310 (5053581n) 100-22-5370 731.14 Vendor LANG AUTO GROUP, GARY Total: 731.14 Vendor: LORCHEM TECHNOLOGIES INC LORCHEM TECHNOLOGIES INC 73052 03/01/2021 Shop Soap for Vehicles - 100-33-6115 398.10 Vendor LORCHEM TECHNOLOGIES INC Total: 398.10 Vendor: MCHENRY COMMUNITY HIGH SCHOOL DIST 156 MCHENRY COMMUNITY HIGH 1221-032 03/01/2021 Dance - Recital Rental 100-46-5110 801.50 Vendor MCHENRY COMMUNITY HIGH SCHOOL DIST 156 Total: 801.50 Vendor: METRO DOOR AND DOCK INC METRO DOOR AND DOCK INC E14608 03/01/2021 Wash Bay and Northeast 100-33-5115 589.78 METRO DOOR AND DOCK INC E14615 03/01/2021 Wash Bay and Northeast 100-33-5115 1,981.84 Vendor METRO DOOR AND DOCK INC Total: 2,571.62 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 236640W 03/01/2021 meter fittings inv 236640W 510-31-6110 1,150.00 MID AMERICAN WATER OF 236646W 03/01/2021 6"Hymax couplings 510-35-6110 760.00 MID AMERICAN WATER OF 236653W 03/01/2021 Saw blade( Invoice#236653W) 510-35-6110 221.00 MID AMERICAN WATER OF 236695W 03/01/2021 Brass fittings (Inv#236695W) 510-31-6110 763.00 MID AMERICAN WATER OF 236728W 03/01/2021 B-box pattern 1 1/4 (INV 510-35-6110 340.00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 3,234.00 2/24/2021 12:31:13 PM 39 Expense Approval Register Packet: APPKT02046 - 3-1-21 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS 207882 03/01/2021 411 207882 100-33-5370 89.14 Vendor MIDWEST HOSE AND FITTINGS INC Total: 89.14 Vendor: MOTOROLA MOTOROLA 5493320210105 03/01/2021 STARCOM21 MONTHLY 100-22-5320 2,487.00 Vendor MOTOROLA Total: 2,487.00 Vendor: MUNICIPAL FLEET MAINTENANCE ASSOC MUNICIPAL FLEET 21-065 03/01/2021 fleet managers dues inv 21065 510-31-5410 30.00 Vendor MUNICIPAL FLEET MAINTENANCE ASSOC Total: 30.00 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 17491056 03/01/2021 Electrical Supplies 100-45-6110 112.22 NORTHWEST ELECTRICAL 17491059 03/01/2021 Electrical Supplies 100-45-6110 4.17 NORTHWEST ELECTRICAL 17492316 03/01/2021 led lights plants inv 17492316 510-31-6110 1,399.50 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 1,515.89 Vendor: NORTHWESTERN MEDICINE OCC HEALTH NORTHWESTERN MEDICINE 507596 03/01/2021 Clesen, Hernandez, Morales 610-00-6940 390.00 NORTHWESTERN MEDICINE 507596A 03/01/2021 Crowder, Freund, Lopez, 100-05-5110 1,003.66 Vendor NORTHWESTERN MEDICINE OCC HEALTH Total: 1,393.66 Vendor: OLSSON ROOFING COMPNAY INC OLSSON ROOFING COMPNAY 21000135 03/01/2021 Roof Repair Leak - INV# 100-33-5115 220.00 Vendor OLSSON ROOFING COMPNAY INC Total: 220.00 Vendor: PETROCHOICE LLC PETROCHOICE LLC 50455343 03/01/2021 Fuel - UTY - 50455343 510-35-6250 427.01 PETROCHOICE LLC 50455355 03/01/2021 Fuel Bill 100-03-6250 80.20 PETROCHOICE LLC 50455356 03/01/2021 Fuel - WW - 50455356 510-32-6250 346.30 PETROCHOICE LLC 50455357 03/01/2021 Fuel - WTR - 50455357 510-31-6250 76.60 PETROCHOICE LLC 50455358 03/01/2021 Fuel #50455358 100-45-6250 438.58 PETROCHOICE LLC 50455359 03/01/2021 Fuel - STS - 50455359 100-33-6250 2,574.34 PETROCHOICE LLC 50455360 03/01/2021 FUEL 50455360 100-22-6250 1,605.73 PETROCHOICE LLC 50459745 03/01/2021 Fuel Bill 100-03-6250 79.78 PETROCHOICE LLC 50459750 03/01/2021 FUEL 50459750 100-22-6250 907.12 PETROCHOICE LLC 50468276 03/01/2021 Fuel - UTY - 50468276 510-35-6250 417.14 PETROCHOICE LLC 50468289 03/01/2021 Fuel Bill 100-03-6250 74.95 PETROCHOICE LLC 50468290 03/01/2021 Fuel - WW - 50468290 510-32-6250 176.01 PETROCHOICE LLC 50468291 03/01/2021 Fuel - WTR - 50468291 510-31-6250 152.61 PETROCHOICE LLC 50468292 03/01/2021 Fuel # 50468292 100-45-6250 383.24 PETROCHOICE LLC 50468293 03/01/2021 Fuel - STS - 50468293 100-33-6250 4,552.77 PETROCHOICE LLC 50468294 03/01/2021 FUEL 50468294 100-22-6250 2,141.07 PETROCHOICE LLC 50474548 03/01/2021 Fuel - UTY - 50474548 510-35-6250 255.23 PETROCHOICE LLC 50474562 03/01/2021 Fuel - WW - 50474562 510-32-6250 525.16 PETROCHOICE LLC 50474563 03/01/2021 Fuel - WTR - 50474563 510-31-6250 114.17 PETROCHOICE LLC 50474564 03/01/2021 Fuel Invoice #50474565 100-45-6250 479.70 PETROCHOICE LLC 50474565 03/01/2021 Fuel - STS - 50474565 100-33-6250 2,731.12 Vendor PETROCHOICE LLC Total: 18,538.83 Vendor: PITEL SEPTIC INC PITEL SEPTIC INC 19153 03/01/2021 Portable Toilets 100-45-5110 75.00 PITEL SEPTIC INC 19211 03/01/2021 Portable Toilets 100-45-5110 75.00 Vendor PITEL SEPTIC INC Total: 150.00 Vendor: PORTER LEE CORPORATION PORTER LEE CORPORATION 24970 03/01/2021 INVESTIGATION SUPPLIES 100-22-6210 213.66 Vendor PORTER LEE CORPORATION Total: 213.66 Vendor: PROSHRED SECURITY PROSHRED SECURITY 990077294 03/01/2021 MONTHLY SHRED 100-22-5110 68.67 Vendor PROSHRED SECURITY Total: 68.67 Vendor: RADAR MAN INC RADAR MAN INC 4876 03/01/2021 RADAR REPAIR 100-22-6110 372.00 Vendor RADAR MAN INC Total: 372.00 2/24/2021 12:31:13 PM 40 Expense Approval Register Packet: APPKT02046 - 3-1-21 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: RUSSO POWER EQUIPMENT RUSSO POWER EQUIPMENT SPI10542464 03/01/2021 Equipment Repairs 100-45-5370 0.99 Vendor RUSSO POWER EQUIPMENT Total: 0.99 Vendor: SCHOPEN PEST SOLUTIONS INC SCHOPEN PEST SOLUTIONS INC 98679 03/01/2021 Quaraterly Pest Control 100-03-5120 162.00 Vendor SCHOPEN PEST SOLUTIONS INC Total: 162.00 Vendor: SHERWIN INDUSTRIES INC SHERWIN INDUSTRIES INC SS087603 03/01/2021 805 (ss087603) 100-33-5370 664.79 Vendor SHERWIN INDUSTRIES INC Total: 664.79 Vendor: SIRCHIE FINGER PRINT LABORATORIES SIRCHIE FINGER PRINT 100084675 03/01/2021 EVIDENCE SUPPLIES 100-22-6210 448.24 Vendor SIRCHIE FINGER PRINT LABORATORIES Total: 448.24 Vendor: TEREX UTILITIES INC TEREX UTILITIES INC 1620981652-0 03/01/2021 440 1620981652-0 100-33-5370 86.03 Vendor TEREX UTILITIES INC Total: 86.03 Vendor: TRAFFIC CONTROL & PROTECTION INC TRAFFIC CONTROL & 106244 03/01/2021 Sign repair materials invoice # 100-33-6110 599.85 TRAFFIC CONTROL & 106282 03/01/2021 1900 Richmond (COVID) - 100-33-5110 156.70 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 756.55 Vendor: TREDROC TIRE/ANTIOCH 002 TREDROC TIRE/ANTIOCH 002 7020041352 03/01/2021 448 7020041352 100-33-5370 344.90 TREDROC TIRE/ANTIOCH 002 7020041540 03/01/2021 448 7020041540 100-33-5370 578.35 Vendor TREDROC TIRE/ANTIOCH 002 Total: 923.25 Vendor: VANDERSTAPPEN SURVEYING & ENGINEERING VANDERSTAPPEN SURVEYING 51291 03/01/2021 2021 Vet's Park Rd Pgm - Topo 100-33-5110 2,400.00 Vendor VANDERSTAPPEN SURVEYING & ENGINEERING Total: 2,400.00 Vendor: WINTER EQUIPMENT WINTER EQUIPMENT IV46885 03/01/2021 plow cutting edge x2 (so45752) 100-33-5370 2,926.17 Vendor WINTER EQUIPMENT Total: 2,926.17 Vendor: XYLEM WATER SOLUTIONS USA INC XYLEM WATER SOLUTIONS USA 3556B58764 03/01/2021 Ballast Cards 510-32-6110 3,655.78 Vendor XYLEM WATER SOLUTIONS USA INC Total: 3,655.78 Grand Total: 106,737.60 2/24/2021 12:31:13 PM 41 Expense Approval Register Packet: APPKT02046 - 3-1-21 RECT INV Fund Summary Fund Expense Amount 100 - GENERAL FUND 68,081.94 510 - WATER/SEWER FUND 29,449.19 610 - RISK MANAGEMENT FUND 390.00 620 - INFORMATION TECHNOLOGY FUND 8,816.47 Grand Total: 106,737.60 2/24/2021 12:31:13 PM 42 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: March 1, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Use Variation and Zoning Variations to accommodate a 4-unit, multifamily building for 3723 Grand Avenue. ATT: 1. Unapproved Planning and Zoning Commission Minutes dated February 17, 2021 2. Ordinance granting a Use Variance and Zoning Variations for 3723 Grand Avenue 3. Planning & Zoning Commission Staff Report 4. Application Packet AGENDA ITEM SUMMARY: BDKM, LLC (Contract Purchaser) is requesting approval of a Use Variance to allow a 4 -unit, multifamily building in the RS-4 High Density Single-Family Residential District, and zoning variations including, but not limited to, off-street parking and loading, and minimum lot width to accommodate the development on the property located at 3723 Grand Avenue. BACKGROUND: According to a Field Correction Notice dated February 7, 1991, the subject property has lawfully operated as a legal nonconforming 3-unit, multifamily building. At that time, the property was subject to an enforcement action for the unlawful occupation of a fourth (4 th) dwelling unit that has since been resolved. The current property owner desires to sell the property to the petitioner pending approval of the zoning requests. City building inspectors have performed a walkthrough inspection with the petitioner who has expressed his desires to upgrade the existing electrical, plumbing, fire alarms, add four (4) additional parking spaces, including an entryway to bring the proposed fourth (4th) dwelling unit into compliance with building code. Staff is in support of the request in order to improve the health and safety of future occupants as well as reliev e on-street congestion with the additional parking spaces. There were no public comments. The Planning & 43 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 1 Zoning Commission unanimously recommended approval subject to the conditions outlined below: 1. A building permit shall be obtained within six (6) months from the date of approval by City Council. 2. The development shall be in substantial conformance with the submitted site plan. 3. The width of the proposed driveways shall be no less than nine feet (9’) nor more than twenty feet (20’) wide at the outer or street edge of the sidewalk. 4. All other federal, state, and local laws shall be met. RECOMMENDATION: If the City Council concurs, it is recommended the attached Ordinance granting a Use Variation and Zoning Variations to accommodate a 4-unit multifamily building at 3723 Grand Avenue. (Mayor and City Council vote-simple majority). 44 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 2 Unapproved Planning & Zoning Commission Minutes from February 17, 2021 Public Hearing: B.D.K.M., LLC Z-983 3723 Grand Avenue Use Variance to allow a 4-unit multifamily building in the RS-4 High Density Single-Family Residential District and Zoning Variations including, but not limited to, off-street parking and loading, and minimum lot width. Chairman Strach called the Public Hearing to order at 7:05 p.m. regarding File No. Z -983 an application for a Use Variance to allow a 4-unit multifamily building in the RS-4 High Density Single-Family Residential District and Zoning Variations including, but not limited to, off -street parking and loading, and minimum lot width at the property located on the southeast corner of N. Freund Avenue and Grand Avenue, with a common address of 3723 Grand Avenue. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and a Certificate of Publication is on file in the City Clerk’s Office. In attendance were: 1. Attorney Craig Krandel, Timm & Garfinkel, 407 Congress Parkway, Crystal Lake, IL; 2. William Weyde, BDKM, LLC, 207 S. Draper Rd., McHenry, IL Mr. Weyde was sworn in. Attorney Krandel stated he represents the new purchaser of this property, Mr. Weyde. In 1991, the property was tagged for enforcement for a fourth dwelling unit. There will need to be modifications made to bring the fourth unit which was added to within current codes. The purchaser is looking to bring this property up to code and within the city’s ordinances if this request is granted. City Planner Sheriff gave the Staff Report stating the RS -4 District does not permit a multi-family building and therefore the existing 3-unit structure is defined as legal nonconforming by our Zoning Ordinance. The requested fourth dwelling unit was the subject of an enforcement action that was resolved 30 years ago. The current property owner desires to sell the property to the petitioner pending approval of the zoning requests. The petitioner is also proposing four (4) additional paved parking spaces for a total of six (6). Referencing the site plan, the petitioner plans to add an independent ingress/egress to the fourth unit, which is required by building 45 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 3 code. The petitioner has also informed staff of his desire to upgrade the exis ting electrical, plumbing, and fire alarms as part of the development. Planner Sheriff stated the petitioner is requesting approval of a use variance and several zoning variations in order to accommodate a 4-unit, multifamily building at 3723 Grand Avenue. Although inconsistent with the surrounding single-family land use and future land use map recommendation for single-family residential, the subject property has lawfully operated as a 3 - unit multifamily building for over 30 years. Staff does not believe approval of the fourth unit would create any adverse impacts on the surrounding area. Upon purchase of the property, the petitioner desires to add four (4) additional paved parking spaces for a total of six (6) off -street parking spaces. Planner Sheriff stated this would be a desired improvement since it appears the existing occupants need to use the gravel parking area in the right -of-way. Planner Sheriff stated the Community Development Department has been working closely with the petitioner and has performed a walk-through inspection of the structure. Based on the age of the building, the structure complies with the building codes in effect at the time of creation. He stated it is difficult for the department to enforce the three (3) dwelling unit provis ion identified in a field correction notice from 1991. A building inspector noted that the fourth unit appeared to have been occupied not too long ago but that cannot be confirmed. This is a fire safety concern because there is no direct access from outside the building. The Community Development Department would recommend the petitioner’s request be granted for the fourth dwelling unit in order to encourage compliance with building codes and for the safety of future occupants. Director Polerecky explained concerns regarding the driveways. He explained all of the building code issues that need to be addressed are agreeable to the buyer. Chairman Strach opened the floor to questions and comments from the commissioners. Commissioner Doherty inquired if the new fourth unit exterior entry could be explained. Director Polerecky stated a new outside entrance to the downstairs unit would be added with a covered stairway. Commissioners Walsh, Strach and Sobotta had no questions. Chairman Strach opened the floor to questions and comments from the public. There was nobody in attendance who wished to address the Commission with public comment. Chairman Strach closed the public comment portion of the hearing at 7:20 p.m. Motion by Doherty seconded by Sobotta, with regard to File No. Z-983, to approve the petitioner’s request for a use variance to allow a 4-unit multifamily building subject to the following conditions, as amended: 46 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 4 1. A building permit shall be obtained within six (6) months from the date of approval by City Council. 2. The development shall be in substantial conformance with the submitted site plan. 3. The width of the proposed driveways shall be no less than nine (9’) feet nor more than twenty (20’) feet wide at the outer or street edge of the sidewalk. 4. All other federal, state, and local laws shall be met; and I agree with staff’s assessment that the approval criteria for Use Variations have been met as outlined in the Staff Report. Roll Call: Vote: 4-ayes: Doherty, Sobotta, Strach, and Walsh. 0-nays, 0-abstained, 3-absent: Gurda, Lehman, Walsh. Motion Carried. Motion by Sobotta seconded by Doherty, with regard to File No. Z-983, to approve the petitioner’s request for the following zoning variations: to allow 6 parking spaces in lieu of the required 7.5 parking spaces; to allow a minimum lot width of 75 feet in lieu of the required 200 feet; and any other zoning variances needed to accommodate the proposed 4 -unit multifamily building; and I agree with staff’s assessment that the approval criteria for zoning variances has been met as outlined in the staff report. Roll Call: Vote: 4-ayes: Doherty, Sobotta, Strach, and Walsh. 0-nays, 0-abstained, 3-absent: Gurda, Lehman, Walsh. Motion Carried. Chairman Strach closed the Public Hearing regarding File No. Z -983 at 7:25 pm. 47 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 5 ORDINANCE NO 21- AN ORDINANCE GRANTING A USE VARIANCE AND ZONING VARIATIONS TO ACCOMMODATE A 4-UNIT MULTIFAMILY BUILDING AT 3723 GRAND AVENUE, MCHENRY, IL. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by B.D.K.M. LLC (“Contract Purchaser”) requesting approval of a Use Variation, and Zoning Variations including, but not limited to, off - street parking and loading, and minimum lot width to accommodate a 4-unit, multifamily building for the property located at 3723 Grand Avenue and legally described on Exhibit “A” attached hereto and incorporated herein, the “SUBJECT PROPERTY”; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on February 17, 2021 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Use Variation and Zoning Variations; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Use Variation and Zoning Variations are consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Use Variation to operate a 4-unit, multifamily building subject to the following conditions: 1. A building permit shall be obtained within six (6) months from the dat e of approval by City Council; 2. The development shall be in substantial conformance with the submitted site plan (Exhibit “B”); 3. The width of the proposed driveways shall be no less than nine feet (9’) nor more than twenty feet (20’) wide at the outer or street edge of the sidewalk; and 48 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 6 4. All other federal, state, and local laws shall be met. SECTION 2: In granting said Use Variation, the City Council finds that the Approval Criteria for Use Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 3: That the SUBJECT PROPERTY is hereby granted approval of the following Variances: 1. Variance to allow 6 parking spaces in lieu of the required 7.5 parking spaces ; 2. Variance to allow a minimum lot width of 75 feet in lieu of the required 200 feet; and 3. Any other variances needed to accommodate the proposed 4-unit multifamily building. SECTION 4: In granting said Variances, the City Council finds that the Approval Criteria for Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. 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. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman Mihevc _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Schaefer _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 49 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 7 Exhibit A Legal Description of the Subject Property LOT THIRTY-NINE (39) IN MILL SREAM ADDITION TO MCHENRY, UNIT NO. 1, A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION TWENTY -SIX (26), TOWNSHIP FORTY FIVE (45) NORTH, RANGE EIGHT (8) EAST OF THE THIRD PRINCIPAL MERIDIAN, AND BEING A SUBDIVISION OF PART OF LOT ONE (1) OF THE COUNTY CLERK’S PLAT; ALSO A RE-PLAT OF BLOCKS ONE (1) AND TWO (2); RE-PLAT OF LOT ONE (1) IN BLOCK FOUR (4) AND LOT ONE (1) IN BLOCK FIVE (5) OF LAKE VIEW ADDITION ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1946 AS DOCUMENT 193334, IN BOOK 10 OF PLATS, PAGE 33, IN MCHENRY COUNTY, ILLINOIS. 50 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 8 Exhibit B Site Plan 51 Exhibit B52 53 54 Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The petitioner, B.D.K.M., LLC (“Contract Purchaser”) is requesting approval of the following items: • A Use Variance to allow a 4-unit, Multi-Family Building in the RS-4 High Density Single-Family Residential District; • A Zoning Variance to allow 6 parking spaces in lieu of the required 7.5 parking spaces; and • A Zoning Variance to allow a minimum lot width of 75 feet in lieu of the required 200 feet (50ft per DU). • Any other zoning variances necessary to accommodate a 4-unit multi-family building on the subject property. The site consists of 0.23 acres, more or less, and is located on the located on the southeast corner of N. Freund Avenue and Grand Avenue, with a common address of 3723 Grand Avenue, McHenry, IL 60050 (“Subject Property”). According to the plat of survey, the site consists of a 1-story brick multi-unit building with a detached garage. The RS-4 District does not permit a multi-family building and therefore the existing 3-unit structure is defined as legal nonconforming by our Zoning Ordinance. According to a Field Correction Notice dated February 7, 1991 (attached), the requested 4th dwelling unit was the subject of an enforcement action that was resolved 30 years ago. The current property owner desires to sell the property to the petitioner pending approval of the zoning requests. The petitioner is also proposing four (4) additional paved parking spaces for a total of six (6). According to the site plan, the petitioner plans on adding an independent ingress/egress to the fourth unit which is required by building code. The petitioner has also informed staff of his desire to upgrade the existing electrical, plumbing, and fire alarms as part of the development. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. CURRENT LAND USE AND ZONING The subject property is currently zoned RS-4 High Density Single-Family District but has been lawfully used as multifamily for over 30 years. The primary concern is how the proposed use will interact with the surrounding single-family residential neighborhood. Given the long history of operation as a multifamily building, staff does not believe the request would negatively impact with the surrounding land use. The additional off-street parking provided would remove cars from the right-of-way and relieve on-street congestion. COMPREHENSIVE PLAN OBJECTIVES AND POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. • Land Use, Objective – Allow a mixture of land uses in appropriate areas to promote responsible growth while providing a high quality of life to the residents. o Policy – “Preserve and expand areas of residential land use.” (p. 27)  Approval of the applicant’s request would preserve and expand areas of residential land use. • Neighborhood Character, Objective – Promote Downtown Housing. o Policy – “Approve high-density multi-family residential in conjunction with commercial retail to create a mixed-use area.” (p. 48) 55 Being within a five (5) minute walking distance to the Historic Downtown, approval of the request would promote having multifamily land use within walking distance of commercial businesses. FUTURE LAND USE MAP RECOMMENDATION The future land use map recommends low-density multifamily district land use. The proposed development is not in compliance with the future land use map recommendation. STAFF ANALYSIS The petitioner is requesting approval of a use variance and several zoning variations in order to accommodate a 4-unit, multifamily building at 3723 Grand Avenue. Although inconsistent with the surrounding single-family land use and future land use map recommendation for single-family residential, the subject property has lawfully operated as a 3-unit multifamily building for over 30 years. Staff does not believe approval of the 4th unit would create any adverse impacts on the surrounding area. The existing parking consists of two (2) off-street parking spaces (driveway) with the remainder of the tenants parking in the gravel right-of-way. Upon purchase of the property, the petitioner desires to add four (4) additional paved parking spaces for a total of six (6) off-street parking spaces. This would be a desired improvement since it appears the existing occupants need to use the gravel parking area in the right-of-way. The Community Development Department has been working closely with the petitioner and has performed a walk- through inspection of the structure. Based on the age of the building, the structure is in compliance with the building codes in effect at the time of creation. From a code enforcement perspective, it is difficult for the department to enforce the three (3) dwelling unit provision identified in the field correction notice from 1991. Our building inspector did note that the 4th unit appeared to have been occupied not too long ago but there is no way to be certain. This is a fire safety concern because there is no direct access from outside the building. The Community Development Department would recommend the petitioner’s request be granted for the 4th dwelling unit in order to encourage compliance with building code and for the safety of future occupants. If the Planning & Zoning Commission agrees with staff’s assessment then two separate motions are recommended: 1st MOTION: I motion to approve the petitioner’s request for a use variance to allow a 4-unit multifamily building subject to the following conditions: 1.A building permit shall be obtained within six (6) months from the date of approval by City Council. 2.The development shall be in substantial conformance with the submitted site plan. 3.All other federal, state, and local laws shall be met. AND by making said motion, I agree with staff’s assessment that the approval criteria for Use Variations have been met as outlined in the Staff Report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) A.Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Staff believes the strict application of the provisions of the Zoning Ordinance would result in an unnecessary and would result in undue hardship upon the applicant. B.Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this title for the pertinent zoning district. Staff believes the subject property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations. C.Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. 56 Staff does believe the request is under special circumstances uniquely for this property because the property has operated for over 30 years as a nonconforming multifamily building in a single-family residential district. D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the locality, nor substantially impair environmental quality, property values or public safety or welfare in the vicinity. Staff does not believe approval of the request will generate any adverse impacts on the surrounding area and the new investment into the property that includes more off-street parking will have a positive impact on property values. E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City. Staff believes the overall request is consistent with the Title and Comprehensive Plan. 2nd MOTION: I motion to approve the petitioner’s request for the following zoning variations: to allow 6 parking spaces in lieu of the required 7.5 parking spaces; to allow a minimum lot width of 75 feet in lieu of the required 200 feet; and any other zoning variances needed to accommodate the proposed 4-unit multifamily building. AND By making said motion I agree with staff’s assessment that the approval criteria for zoning variances have been met as outlined in the staff report. VARIANCE APPROVAL CRITERIA (11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes this is an unusual circumstance since the property has operated for over 30 years as a multi-family building in a single-family residential zoning district. B. Circumstances Relate to the Property Only. Staff believes this is a special circumstance as a result of the use of the property as a lawfully created multi- family building in a single-family residential zoning district. C. Not Resulting From Applicant Action. The applicant did not create the 3-unit building which has operated for over 30 years. Staff believes the 4th unit has been unlawfully occupied at various times over the years and approval of the request would bring the property into compliance and improve the safety of future occupants. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship on the applicant considering how long the use has been established. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Staff believes that without approval, the petitioner would be denied reasonable use and enjoyment of the property. G. Not Alter Local Character: Staff believes approval of the applicant’s request would not substantially alter essential character of the locality nor have any other adverse impacts. Improvements to the subject property would positively impact the surrounding area. H. Consistent With Title And Plan: Staff believes the proposal is appropriate given its proximity to the downtown which is consistent with the Comprehensive Plan recommendation for increasing overall density in the downtown. I. Minimum Variance Recommended: Staff believes the proposed variance requests are the minimum required. Attachments: • Petitioner’s Application • Field Correction Notice Dated February 7, 1991 57 58 59 60 61 62 63 64 65 66 67 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Ross Polerecky, Community Development Director FOR: March 1st, 2021 Regular City Council Meeting RE: Sign Variance for 3112 W Lincoln Road McHenry, Munson Ski and Marine ATT: Sign application, Sign Package Proposal Agenda Item Summary: The Community Development Department received a sign variance request for the Munson Ski and Marine located at 3112 W Lincoln Road, the owner is requesting 2 additional wall signs and a blanket area on the showroom building to advertise brand names. Background: Munson Ski and Marine purchased the former Watertower Marina in fall of 2020. A demolition permit has been issued to demolish the existing structure minus the front glass showroom. A building permit is ready to issue to build a brand new addition on to the existing showroom. This addition will be used for additional showroom space as well as a 7000 plus square foot maintenance area. Incorporated into this addition are bathrooms and showers that will be used by patrons of the marina. As you can see from the elevations provided in the packet this will be a total transformation of the property which will include a full service marina with slip rental, fuel service, boat and merchandise sales. No restaurant element is included in these plans at the moment as the previous owner planned. Analysis: 3112 Lincoln Road is zoned C-5 commercial highway, per the sign ordinance this property is allowed two wall signs with a total size between both signs not to exceed 328.5 sq/ft. Munson Ski and Marine is requesting 2 additional Munson Ski and Marine signs for a total of 4 signs that will not exceed a combined 144 sq/ft. In addition to the Munson Ski and Marine signs a request to allow the entire area above the showroom glass is being asked for future advertisement of brand names for their boat lines. This area would be restricted to 240 sq/ft on the south façade and 160 sq/ft on the west façade (see elevations for example). The size and number of signs for this area cannot yet be determined but limitations will exist due to the design of the building. 68 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Sign variance must abide by the following four items: 1) will not be materially detrimental to the public welfare or injurious to other property in the vicinity; 2) will not impair an adequate supply of light and air to adjacent property, increase the danger of fire, endanger public safety, or substantially impair property values in the neighborhood; 3) shall not give the property owner or business an unfair advantage over a similar business; and 4) will not cause a hazard to the public’s safety by being distracting because of size, location, or being located within rights-of-way. Staff believes the variance requests abide by all of the criteria above and recommends approval. If the City Council concurs it is recommended that a sign variance be granted to 3112 W Lincoln Road for two additional Munson Ski and Marine wall signs, not to exceed four signs with a combined total of 144 sq/ft, and a variance to allow for additional wall signs limited to 400 sq/ft of façade on the south and west elevations as depicted on the submitted elevations. 69 70 71 72 73 74