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HomeMy WebLinkAboutPacket - 07/19/2021 - 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, July 19, 2021, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 This meeting will be live streamed with a quorum of the City Council physically present. Public comments may only be heard by members of the public physically present at the meeting. Remote public comments will not be heard. The public can listen and view the meeting from the following link: https://cityofmchenry.zoom.us/j/92108737185 1.Call to Order. 2.Roll Call. 3.Pledge of Allegiance. 4.Public Comments: 5.Consent Agenda. Motion to Approve the following Consent Agenda Items: A.Authorize and ratify all action setting a Public Hearing for August 2, 2021 on the proposed establishment of Special Service Area No. 12 for proposed Lots 1 and 2 of the Authentix Subdivision in McHenry; (Attorney McArdle) B.Authorize the City Administrator to execute a Consent to Transfer of Contract for the Collection of Refuse, Recyclable Material and Yard Waste between the City of McHenry and Prairieland Disposal, Inc. dated August 1, 2017; (Public Works Director Strange) C.Ordinance amending Title 10, Chapter 22, Section 10-22-4: Landmark Commission – reducing the membership of the Landmark Commission from twelve (12 to nine (9); (Mayor Jett, Deputy Clerk Johnson) D.Ordinance amending Title 7: Motor Vehicles and Traffic; Chapter 4: Parking Regulations, Section 7-4-7: Permit Parking Only, of the McHenry City Code. (Chief Birk) E.Award of contract in the amount of $62,674.00 to Christopher B. Burke Engineering Services for the Knox Park Parking Lot Rehabilitation Project; (Public Works Director Strange) F.Block Party Requests on August 21 for Jennifer Lane and July 25 for Washington Street; (Deputy Clerk Monte Johnson) G.Parks & Recreation Facilities & Special Use permit requests; (Parks & Recreation Director Hobson) H.June 21, 2021 City Council Meeting Minutes I.Issuance of Checks in the amount of $770,106.06 J.Issuance of As Needed Checks in the amount of $1,673,240.88 1 6.Individual Action Item Agenda. A.Motion to approve an Economic Incentive Agreement between the City of McHenry and Advance Management LLC in an amount not to exceed $1,500,000.00. (Economic Development Director Martin) B.Motion to grant a Fence Variance to Munson Ski and Marine located at 3112 W. Lincoln Road, to allow a 5’ front yard setback in lieu of the required 30’ front yard setback. (Community Development Director Polerecky) C.Motion to approve an Ordinance granting approval of various Text Amendments to the Zoning Ordinance and Subdivision Control Ordinance. (Community Development Director Polerecky, City Planner Sheriff) D.Motion to deny an Ordinance granting approval of a Use Variation to allow a single-family residence at 4805 W. Elm Street. (Community Development Director Polerecky, City Planner Sheriff) E.Motion to approve an Ordinance for a Use Variation to allow an open sales lot for automobile sales at 4502 W. Crystal Lake Road. (Community Development Director Polerecky, City Planner Sheriff) 7.Discussion Items. 8.Executive Session. A.Property Acquisition (5 ILCS 120/2(c)(5).) 9.Staff Reports. A.July 19, 2021 Staff Report Provided. 10.Mayor’s Report. 11.City Council Comments. 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 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 AGENDA SUPPLEMENT TO: Mayor and City Council FOR: July 19, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Motion to authorize and ratify all action setting a public hearing for August 2, 2021 on the proposed establishment of Special Service area No. 12 for proposed Lots 1 and 2 of the Authentix Subdivision in McHenry. ATT: Agenda Item Summary: The establishment of Special Service Area #12 for the long term maintenance of stormwater facilities was a condition of approval for the Authentix McHenry Subdivision. The Illinois Compiled Statutes (ILCS) requires City Council to set a hearing date for the establishment of any Special Service Area. City Council’s action will satisfy this requirement. 3 Department of Public Works Troy Strange , P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: July 19, 2021 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: City of McHenry Refuse Hauling, Consent to Transfer Contract ATT: -Consent to Transfer of Contract for the Collection and Disposal of Refuse, Recyclable Material and Yard Waste between the City of McHenry and Prairieland Disposal, Inc. dated August 1, 2017. -Contract Article XII, Subcontracting and Assignment of Contract (Page 18) AGENDA ITEM SUMMARY: Staff requests City Council to consider authorization of the approval of a transfer of contract for the City of McHenry Refuse Hauling Contract from Prairieland Disposal, Inc. to GFL Illinois LLC . BACKGROUND: The City of McHenry has been under contract with Prairieland Disposal , Inc. for municipal refuse hauling services since August of 2017. The current contract is a five (5) year contract which is in effect until August 1, 2022. On July 1, 2021 , the City of McHenry was informed that Prairieland Disposal was purchased by GFL Illinois LLC and that the current contract would be transferred from Prairieland Disposal to GFL Illinois. GFL Illinois is owned by GFL Environmental Inc. which is North America’s fourth largest environmental services company. The terms of the current refuse hauling contract require the City’s written consent for the subcontracting or assignment of the contract by the current hauler. ANALYSIS: Staff has had discussions with Steve Schweinsberg, the current President of Prairieland Disposal, who will serve as a consultant for GFL Illinois in order to effectively facilitate the transfer of services. Mr. Schweinsberg has confirmed for staff that the existing operation, services, and pricing provided by Prairieland Disposal will remain unchanged upon the completion of the transfer. Current personnel and equipment will also remain unchanged for the time being. 4 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. RECOMMENDATION : Therefore, if C ouncil concurs, it is recommended to authorize the City Administrator to approve a Consent to Transfer of Contract for the Collection and Disposal of Refuse, Recyclable Material and Yard Waste between the City of McHenry and Prairieland Disposal, Inc. date d August 1, 2017. 5 6 7 8 City of McHenry 333 S Gre en Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a cus tomer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA ITEM DATE: July 19, 2021 TO: City Council FROM: Mayor Jett RE: Landmark Commission Composition AGENDA ITEM SUMMARY: The City’s ordinance calls for the Landmark Commission to consist of twelve (12) members. The Landmark Commission is unable to fill all 12 seats on the Commission, and therefore has an issue with meeting the requirements of a quorum. Analysis: There are currently 8 members on the Landmark Commission. With a 12 member board, it is necessary to have 7 of those 8 present at all meetings to have a quorum. With an 8 or 9 member board, it is only necessary to have 5 members present to have a quorum. In today’s environment it does not seem likely that keeping a full 12 member board is feasible. A 9 member board is a more attainable goal and would give the Landmark Commission a better chance at keeping a quorum for all meetings. RECOMMENDATION: A motion to pass an Ordinance Amending Title 10, Chapter 22, Section 10 -22-4: Landmark Commission 9 ORDINANCE NO. 21- An Ordinance Amending Title 10 , Chapter 22, Section 10 -22-4: Landmark Commission 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, Water Rates are reviewed annually and may be adjusted based on the actual operational, maintenance and capital improvement needs of the municipality. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: The following Title 10-22-4: Subsection A of the McHenry City Code is amended to read as follows: A.Organization: 1.Appointment: The Mayor shall, with the advice and consent of the City Council, appoint members to the City Landmark Commission. 2.Composition: The Landmark Commission shall consist of nine (9) members. a.Terms: The regular term shall be three (3) years for members with staggered terms. b.Officers: The Mayor shall annually appoint one member to serve as Chairperson . The commission shall elect all other officers by majority vote. c.Vacancies: Vacancies shall be filled by the Mayor with th e advice and consent of the City Council. Any commission member may be removed by the City Council for cause. d.Meetings: Meetings of the commission shall be held on the first Tuesday of every month, except in those months when no business is pending, and shall be held at such times and places within the City as established by the commission. All meetings of the commission shall be open to the public. The commission shall keep minutes of its proceedings. The minutes shall show the vote, or absence or abstention, of each member upon every official action, and shall be a public record open for inspection and maintained by the City Clerk. All meetings shall comply with the Open Meetings Act. e.Quorum: Any five (5) members of the commission shall constitute a quorum for the purposes of transacting any business at any meeting of said commission. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, s uch judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. 10 SECTION 3: All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be in full effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and approved this 19th day of July, 2021. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Ald erman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 11 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 SUPPLEMENT TO: Mayor and City Council FROM: John R. Birk, Chief of Police FOR: July 19, 2021 Regular City Council Meeting RE: Revision to Permit Parking Ordinance in Downtown Business District ATT: Proposed Ordinance Agenda Item Summary: Staff is seeking City Council’s support to amend “Section 7-4-7 Permit Parking Only” of the Municipal Code by creating two classifications of permit parking identified as residential permit and business permit with an adjustment of permit fees. Staff will be present to answer any questions Council may have at the meeting. Background: Currently the City of McHenry has permit parking locations located within the municipal parking lots in the downtown business district. The original purpose of these parking permits was to allow residents living above the downtown businesses and employee s of downtown businesses access to parking that exempted them from the time restrictions (4 Hour Parking and/or no overnight parking). As Council is well aware the City has been working to expand downtown parking as past parking studies have confirmed that demand for parking has increased. Within the last two years the City has built an additional municipal parking lot in the northeast corner of Court Street and Venice and purchased two additional lots (some of which is existing parking) along the Boone Lagoon between Green Street and Route 120. The addition of these parking space has helped reduce the parking demand , but staff continues to examine ways to maximize our parking resources while planning for more parking lot improvements. Analysis: One such way to maximize our on-street parking and priority municipal lot parking is to ensure that we are actively promoting the use of permit parking for residents and employees of downtown businesses. Proper use of permit parking will allow residents and customers better access to on street and priority parking lot options improving community satisfaction. Currently permit parking is available in the Riverside Drive North, Court Street, and Green Street and Main Street parking lots with a total of 88 spots that allow for permit parking. To date in 2021 the City has only issued 32 parking permits. 12 As the demand for downtown parking for business customers remains high, staff feels that by further encouraging the use of permit parking for business employees we can help to ensure that on street parking and premium parking lot spots are more readily available to customers and the general public. Staff is recommending that the City Ordinance be amended to allow for two classifications of permit parking. 1.Residential Permit Parking. Annual cost of $60 to remain the same. Allows for parking in designated locations of municipal lots without 4 -hour restrictions or overnight restrictions, except for snow removal. Proof of residency required. 2.Business Employee Permit Parking. Annual cost of $10. Allows for parking in designated locations of municipal lots without 4-hour restrictions but does not allow for overnight parking. Proof of employment required. Staff recognizes that the locations of permit parking should be examin ed and adjusted in the near future but only after finalized parking improvements have been made to both the Green Street parking lots and Main Street parking lots. Once Council reviews and approves these parking lot improvements, staff will return to council with a revised layout of the location and number of permit parking spots. Recommendation: If Council concurs, then it is recommended a motion be considered to approve the attached ordinance adding two classifications of downtown parking permits. 13 ORDINANCE NO. 21- Amending Title 7: Motor Vehicles and Traffic; Chapter 4: Parking Regulations, Section 7-4-7: Permit Parking Only, of the McHenry City Code WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Section 7-4-7, Subsection C. Snowfall, shall be renumbered to Subsection 7-4-7, Subsection D. Snowfall. SECTION 2: Section 7-4-7, Subsection B , shall be amended as follows: B. Lease; Fee – Residential Permit Parking: Residential Permit Parking allows parking without 4-hour restrictions or overnight restrictions. Proof of residency is required. The parking spaces specified in subsection A of this section may be leased for a twelve (12) month calendar year, with an annual rental fee of sixty dollars ($60.00) each, payable in advance. Pe rmits purchased after July 1 of any calendar year shall have a rental fee of thirty dollars ($30.00) each, and will not be prorated further. Annual permits will be made available for purchase on December 1 of the preceding year and shall be available on a first-come, first -served basis. No portion of this permit shall be refundable under any circumstances. SECTION 3: Section 7-4-7, Subsection C, shall be amended as follows: C. Lease; Fee – Business Employee Permit Parking: Business Employee Permit Parking allows for parking without 4-hour restrictions but does not allow for overnight parking. Proof of employment is required. The parking spaces specified in subsection A of this section may be leased for a twelve (12) month calendar year, with an annual rental fee of sixty dollars ($10.00) each, payable in advance. Permits purchased after July 1 of any calendar year shall have a rental fee of thirty dollars ($5.00) each, and will not be prorated further. Annual permits will be made available for purchase on December 1 of the preceding year and shall be available on a first -come, first - served basis. No portion of this permit shall be refundable under any circumstances. SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 5: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. 14 SECTION 6: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 19th day of July, 2021. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 15 Department of Public Works Troy Strange , P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: July 19, 2021 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Knox Parking Improvements, Engineering Services Contract ATT: City of McHenry Engineering Contract Document for Execution Christopher B. Burke Engineering Scope and Fee Proposal ______________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a contract to Christopher B. Burke Engineering, Ltd. (CBBEL) for Professional Engineering Services for rehabilita tion of the Knox Park Parking Lot. BACKGROUND: The Fiscal Year 2021/22 Capital Improvement Program includes $580,000 from the General Fund for improvements to City Parking Facilities. The two locations staff ha s identified for construction of improvements this year are the parking facility at Knox Park and general parking improvements to the City’s two parking facilities on Main Street. The resurfacing contract for the North Main Street Lot was awarded at the June 7, 2021 City Council Meeting and construction is scheduled to be completed by the end of this month. The remainder of the Capital Funding will be dedicated for design and reconstruction of the parking facility at Knox Park. The scope of improvements is to include full pavement removal, installation of concrete curb and gutter, minor re -grading to remove an inver ted pavement cross section, landscaping, pavement markings, along with other necessary and incidental work. In order to construct the project prior to the pool reopening in May of 2022 , staff is recommending an aggressive design and construction schedule which will allow the project to be completed by the end of 2021. In order to meet this timeline , staff has issued a small startup contract under the Mayor’s $20,000 purchasing threshold which includes surveying work and geotechnical engineering. This wor k was initiated immediately at the beginning of July and is currently underway. Provided that engineering work is completed on schedule, the project will be bid and constructed in fall of this year. 16 ANALYSIS: Staff ha s solicited a proposal and negoti ated the proposed scope and fee with the selected consultant based upon project requirements, budget, and schedule. CBBEL is proposing a comprehensive scope and fee of $62,674 which includes completion of all design services, plan production, bidding assistance, and construction engineering. Staff has reviewed the scope and fee and ha s found the proposed scope and fee to be acceptable. RECOMMENDATION: Therefore, if Council concurs, it is r ecommended to award a contract in the amount of $62,674.00 to Christopher B. Burke Engineering, Ltd . for Professional Engineering Services for the Knox Park Parking Lot Rehabilitation Project. 17 City of McHenry Professional Services Contract Revised 1/1/17 Professional Services Contract Between The City Of McHenry And Christopher B. Burke Engineering, Ltd. For Professional Engineering Services For Knox Park Parking Lot Rehabilitation 18 City of McHenry Professional Services Contract Revised 1/1/17 Professional Services Contract Between The City of McHenry And Christopher B. Burke Engineering, Ltd. For Professional Engineering Services For Knox Park Parking Lot Rehabilitation TABLE OF CONTENTS Page ARTICLE 1. THE SERVICES ........................................................................................................ 1 1.1 Intent ........................................................................................................................ 1 1.2 Services .................................................................................................................... 1 1.3 Project Time ............................................................................................................ 1 1.4 Term; Extensions ..................................................................................................... 1 1.5 Other Contracts ........................................................................................................ 1 1.6 Responsibility of Consultant to Perform ................................................................. 1 1.7 Financial Ability to Perform. ................................................................................... 2 ARTICLE 2. COMPENSATION AND PAYMENT ...................................................................... 2 2.1 Pricing Schedule ...................................................................................................... 2 2.2 Monthly Payment; Invoices ..................................................................................... 2 2.3 Taxes ........................................................................................................................ 2 2.4 Final Payment. ......................................................................................................... 3 2.5 Deductions ............................................................................................................... 3 2.6 Use of Deducted Funds ........................................................................................... 3 2.7 Keeping Books and Accounts ................................................................................. 3 ARTICLE 3. PERFORMANCE OF SERVICES ............................................................................ 3 3.1 Standard of Performance ......................................................................................... 3 3.2 Correction of Defects............................................................................................... 4 3.3 Risk of Loss ............................................................................................................. 4 3.4 Opinions of Probable Cost ....................................................................................... 4 19 City of McHenry Professional Services Contract Revised 1/1/17 3.5 City Responsibilities ................................................................................................ 4 3.6 Time of the Essence. ................................................................................................ 5 3.7 Suspension of Services ............................................................................................ 5 ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS ............................................................ 5 4.1 Services Change Orders .......................................................................................... 5 4.2 Revision Notices ...................................................................................................... 5 4.3 No Change in Absence of Services Change Order .................................................. 6 4.4 Delays ...................................................................................................................... 6 ARTICLE 5. INSURANCE ............................................................................................................ 6 5.1 Insurance. ................................................................................................................. 6 5.2 Scope of Coverage; Minimum Limits of Coverage................................................. 6 5.3 Deductibles and Self-Insured Retentions ................................................................ 7 5.4 Additional Requirements ......................................................................................... 7 5.5 Verification of Coverage ......................................................................................... 8 5.6 Sub-Consultants and Suppliers ................................................................................ 8 ARTICLE 6. INDEMNIFICATION ............................................................................................... 9 6.1 Agreement to Indemnify .......................................................................................... 9 6.2 No Limit Based on Insurance .................................................................................. 9 6.3 Withholding Payment .............................................................................................. 9 6.4 Limit on Duty to Indemnify ..................................................................................... 9 ARTICLE 7. ARBITRATION ........................................................................................................ 9 7.1 Arbitration ............................................................................................................... 9 ARTICLE 8. TERMINATION ....................................................................................................... 9 8.1 Contract is At-Will. ................................................................................................. 9 8.2 Termination by City for Breach. ............................................................................ 10 8.3 City Remedies ........................................................................................................ 10 8.4 Termination for Convenience ................................................................................ 10 8.5 Termination by Consultant for Breach. ................................................................. 10 ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS ....................... 10 9.1 Consultant as Independent Consultant .................................................................. 10 9.2 Compliance with Laws; Communications with Regulators .................................. 10 9.3 Permits and Licenses ............................................................................................. 11 20 City of McHenry Professional Services Contract Revised 1/1/17 9.4 Safety; Hazardous Materials .................................................................................. 11 9.5 Ownership of Data and Documents ....................................................................... 11 9.6 Notices ................................................................................................................... 11 9.7 No Waiver by City. ................................................................................................ 11 9.8 No Third-Party Beneficiaries ................................................................................. 12 9.9 Survival of Terms .................................................................................................. 12 9.10 Assignments. ......................................................................................................... 12 9.11 Amendments .......................................................................................................... 12 9.12 Governing Law ...................................................................................................... 12 9.13 Compliance with Laws, Grant Regulations ........................................................... 12 9.14 Representation of No Conflicts ............................................................................. 12 9.15 No Collusion. ......................................................................................................... 12 21 City of McHenry Professional Services Contract -5- Professional Services Contract Between The City of McHenry And Christopher B. Burke Engineering, Ltd. For Professional Engineering Services For Knox Park Parking Lot Rehabilitation This contract (the “Contract”) is dated as of July 19, 2021 (the “Effective Date”) and is by and between the City of McHenry, an Illinois municipal corporation, (the “City”) and Christopher B. Burke Engineering, Ltd. (the “Consultant”). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE 1. THE SERVICES 1.1 Intent. It is the intent of the parties that this Contract govern the relationship of the parties. 1.2 Services. The Consultant will perform for the City the following services (the “Services”): “Scope of Services” Section included in the attached Christopher B. Burke Engineering, Ltd. proposal. 1.3 Project Time. The Services will be performed according to the following schedule (“Project Schedule”): “Project Schedule” Section included in the attached Christopher B. Burke Engineering, Ltd. proposal. The Services will be completed on or before December 31, 2021 (the “Completion Date”). 1.4 Term; Extensions. This Contract commences on the Effective Date and terminates on May 1, 2022 unless terminated earlier pursuant to Article 8 of this Contract (the “Term”). All terms of this Contract, including without limitation pricing terms, are firm during the Term, unless as embodied in an amendment to this Contract in accordance with Section 9.15. The Parties may extend this Contract for two additional one-year periods (each an “Extended Term”). Pricing terms may be adjusted by written agreement at the beginning of an Extended Term. 1.5 Other Contracts. The City may enter into agreements with other consultants, pursuant to which the City may award work from time to time at the City’s discretion. 1.6 Responsibility of Consultant to Perform. The Consultant must provide all personnel necessary to complete the Services. The Consultant must perform the Services with its 22 City of McHenry Professional Services Contract -6- own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the City in writing. All sub-consultants and supplies used by the Consultant in the performance of Services must be acceptable to, and approved in advance by, the City. The City’s approval of any sub-consultant or supplier will not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services in full compliance with, and as required by or pursuant to, this Contract. All Services performed by any sub-consultant or supplier are subject to all of the provisions of this Contract in the same manner as if performed directly by the Consultant. If any sub-consultant or supplier fails to properly perform any Services undertaken by it in compliance with this Contract, then the Consultant, immediately on notice from the City, must remove that sub-consultant or supplier and undertake the Services itself or replace the sub-consultant or supplier with a sub-consultant or supplier acceptable to the City. The Consultant will have no claim for damages, for compensation in excess of the Compensation, or for delay or extension of the Project Schedule as a result of any such removal or replacement. 1.7 Financial Ability to Perform. When executing this Contract, the Consultant represents and declares that it is financially solvent, has the financial resources necessary, has sufficient experience and competence, and has the necessary capital, facilities, organization, and staff necessary to provide, perform, and complete the Services set forth in this Contract in full compliance with, and as required by or pursuant to, this Contract. ARTICLE 2. COMPENSATION AND PAYMENT 2.1 Pricing Schedule. As compensation for the performance of the Services (“Compensation”), the City will pay the Consultant the following amounts and in the following manner: “Estimate of Fee” Section included in the attached Christopher B. Burke Engineering, Ltd. proposal. Except for the Compensation, the City will have no liability for any expenses or costs incurred by the Consultant. 2.2 Monthly Payment; Invoices. The Compensation will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis, a written invoice for payment for completed work. The City may specify the specific day of the month on or before which invoices must be filed. Each invoice must be accompanied by receipts, vouchers, and other documents as necessary to reasonably establish the Consultant’s right to payment of the Compensation stated in the invoice. In addition, each invoice must include (a) employee classifications, rates per hour, and hours worked by each classification and, if the Services are to be performed in separate phases, for each phase, (b) total amount billed in the current period and total amount billed to date and, if the Services are to be performed in separate phases, for each phase, and (c) the estimated percent completion of the Services and, if the Services are to be performed in separate phases, for each phase. 2.3 Taxes. The Compensation includes applicable federal, State of Illinois, and local taxes of every kind and nature applicable to the services provided by the Consultant and all 23 City of McHenry Professional Services Contract -7- taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. The Consultant will never have a claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees. 2.4 Final Payment. The Services will be considered complete on the date of final written acceptance by the City of the Services or the relevant phase of the Services. Services related to a submission of the Consultant will be deemed accepted by the City if the City does not object to those Services in writing within 30 days after the submission by the Consultant of an invoice for final acceptance and payment The City will make final payment to the Consultant within 30 days after final acceptance of the Services, after deducting therefrom charges, if any, as provided in this Contract (“Final Payment”). The acceptance by the Consultant of Final Payment will operate as a full and complete release of the City by the Consultant of and from any and all lawsuits, claims, or demands for further payment of any kind for the Services encompassed by the Final Payment. 2.5 Deductions. Notwithstanding any other provision of this Contract, the City may deduct and withhold from any payment or from Final Payment such amounts as may reasonably appear necessary to compensate the City for any loss due to (1) Services that are defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the Consultant or the City made by any of the Consultant’s sub-consultants or suppliers or by other persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of the Services, (5)the cost to the City, including without limitation reasonable attorneys’ fees, of enforcing the terms of this Contract. The City will notify the Consultant in writing given in accordance with Section 9.10 of this Contract of the City’s determination to deduct and withhold funds, which notice will state with specificity the amount of, and reason or reasons for, such deduction and withholding. 2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in question or has furnished security for that performance satisfactory to the City. The City will be entitled to apply any money withheld or any other money due to the Consultant to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and reasonable attorneys’ fees (collectively “Costs”) incurred, suffered, or sustained by the City and chargeable to the Consultant under this Contract. 2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and other records of all its billable charges and costs incurred in performing Services in accordance with generally accepted accounting practices, consistently applied, and in such manner as to permit verification of all entries. The Consultant must make all such material available for inspection by the City, at the office of the Consultant during normal business hours during the Term and for a period of five years after termination of this Contract. Copies of such material must be furnished to the City at the City’s request and expense. ARTICLE 3. PERFORMANCE OF SERVICES 3.1 Standard of Performance. The Consultant must perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the Chicago Metropolitan Region (the “Standard of Performance”). All Services must be free from defects and flaws, must 24 City of McHenry Professional Services Contract -8- conform to the requirements of this Contract, and must be performed in accordance with the Standard of Performance. The Consultant is fully and solely responsible for the quality, technical accuracy, completeness, and coordination of all Services. All plans and other documents furnished by the Consultant shall be endorsed and stamped with professional seals when such seals are required by law. 3.2 Correction of Defects. The Consultant must provide, for no additional Compensation and at no separate expense to the City, all work required to correct any defects or deficiencies in the performance of Services, regardless of whether the defect or deficiency relates to the work of the Consultant or of the Consultant’s sub-consultants or suppliers. 3.3 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The Consultant is responsible for any and all damages to property or persons arising from any Consultant error, omission, or negligent act and for any losses or costs to repair or remedy any work undertaken by the City based on the Services as a result of any such error, omission, or negligent act. Notwithstanding any other provision of this Contract, the Consultant’s obligations under this Section 3.3 exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the Consultant, to indemnify, hold harmless, or reimburse the Consultant for damages, losses, or costs. 3.4 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor the City has control over the costs of labor, materials, equipment, or services furnished by others or over competitive bidding, market or negotiating conditions, or construction contractors’ methods of determining their prices. Accordingly, any opinions of probable costs provided under this Contract are considered to be estimates only, made on the basis of the Consultant’s experience and qualifications, and those opinions represent the Consultant’s best judgment as an experienced and qualified professional, familiar with the industry. The Consultant does not guaranty that proposals, bids, or actual costs will not vary from the opinions prepared by the Consultant. 3.5 City Responsibilities. The City, at its sole cost and expense, will have the following responsibilities: (a)To designate in writing a person with authority to act as the City’s representative with respect to the Services. In the absence of a written designation, the City’s representative will be the City Administrator. The City’s representative will have the authority to act on behalf of the City except on matters that require approval of the City Council. (b)To provide to the Consultant all criteria and information about the requirements for the Services, including, as relevant, the City’s objectives and constraints, schedule, space, capacity and performance requirements, and budgetary limitations. (c)To provide to the Consultant existing studies, reports, and other available data relevant to the Services. (d)To arrange for access to, and make provisions for the Consultant to enter on, public and private property as reasonably required for the Services. (e)To provide, as relevant, surveys describing physical characteristics, legal limitations, and utility locations for the Services and the services of other consultants when the 25 City of McHenry Professional Services Contract -9- services of other consultants are requested by the Consultant and are necessary for the performance of the Services. (f)To provide structural, mechanical, chemical, air and water tests, tests for hazardous materials, and other laboratory and environmental tests, inspections, and reports required by law to be provided by the City in connection with the Services, except the extent such tests, inspections, or reports are part of the Services. (g)To review reports, documents, data, and all other information presented by the Consultant as appropriate. (h)To provide approvals from all governmental authorities having jurisdiction over the Services when requested by the Consultant, except the extent such approvals are part of the Services. (i)To provide, except as provided under Article 5 and Article 6 of this Contract, all accounting, insurance, and legal services as may be necessary from time to time in the judgment of the City to protect the City’s interests with respect to the Services. (j)To attend meetings related to the Services. (k)To give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Services, except that the inability or failure of the City to give any such a notice will not relieve the Consultant of any of its responsibilities under this Contract. 3.6 Time of the Essence. Time is of the essence for the Services and all activities with regard to the performance of the Services. 3.7 Suspension of Services. The City, at any time and for any reason, may suspend work on any or all Services by issuing a written work suspension notice to the Consultant. The Consultant must stop the performance of all Services within the scope of the suspension notice until the City directs the Consultant in writing to resume performance. ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 4.1 Services Change Orders. The City, from time to time, may issue a written order modifying or otherwise changing the scope of the Services included in a Services Change Order (a “Services Change Order”). Any Services Change Order in an amount exceeding $10,000 must be approved by the City Council. The Services Change Order will be generally in the form attached to and by this reference incorporated into this Contract as Attachment A. The Consultant may request a Services Change Order based on a claimed material change to any Services performed under this Contract. A Services Change Order may include additions to and deletions from the Services and will include requested equitable increases or decreases to the Compensation. 4.2 Revision Notices. Within 10 days after the date of a Services Change Order, and in any event before the Consultant begins work on any changed Services, the Consultant must 26 City of McHenry Professional Services Contract - notify the City in writing if the Consultant desires a revision to the Services Change Order (a “Revision Notice”). The Revision Notice must clearly state the Consultant’s requested revisions and the reasons for the revisions. If the City agrees to any revision, then the City will issue a revised Services Change Order in a form acceptable to the Parties. If the Consultant does not submit a Revision Notice within the 10-day period, then the Consultant will be deemed to have accepted the Services Change Order and the Services Change Order will be final. 4.3 No Change in Absence of Services Change Order. No claim for an adjustment in Compensation or Project Schedule will be made or allowed unless it is embodied in a Services Change Order signed by the City and the Consultant. If the Consultant believes it is entitled to an adjustment in the Compensation or Project Schedule terms that has not been included, or fully included, in a Services Change Order, then the Consultant may submit to the City a written request for the issuance of, or revision of, a Services Change Order including the desired adjustment. The Consultant’s request must be submitted before the Consultant proceeds with any Services for which an adjustment is desired. 4.4 Delays. If a delay in providing Services results from one or more causes that could not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension of the Project Schedule for a period of time equal to that delay, or an adjustment in Compensation for extra costs related to the delay, or both. The Consultant must notify the City in writing within 10 days after the start of the delay and again in writing within 10 days after the delay has ended (the “Delay Period”). The first notice must state the cause or causes of the delay and the impact of the delay on providing Services. The second notice must state the cause or causes of the delay, the length of the day, the reasons why the delay disrupted performance of the Services and the Consultant’s request, if any, for a change in Compensation or Project Schedule. If the Consultant fails to submit notices as provided in this Section 4.5, then the Consultant will be deemed to have waived any right to an adjustment in Compensation for the Services. ARTICLE 5. INSURANCE 5.1 Insurance. The Consultant must procure and maintain, for the duration of this Contract, insurance as provided in this Article 5. 5.2 Scope of Coverage; Minimum Limits of Coverage. (a) Commercial General Liability. Insurance Services Office (“ISO”) Commercial General Liability occurrence form CG 0001, with the City and its officials, officers, employees, and agents named as additional insured on Insurance Service Office (ISO) Additional Insured Endorsement CG 2010 (Exhibit A) or CG 2026 (Exhibit B). Coverage must be at least $1,000,000 combined single limit per occurrence for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The general aggregate must be twice the required occurrence limit. Minimum General Aggregate must be no less than $2,000,000 or a project- contract specific aggregate of $1,000,000. 27 City of McHenry Professional Services Contract - (b) Automobile Liability. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 “Any Auto.” Coverage must be at least $1,000,000 combined single limit per accident for bodily injury and property damage. (c) Professional Liability. Indemnification and defense for injury or damage arising out of acts, errors, or omissions in providing professional services, including without limitation: (i) preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, designs or specifications and (ii) providing direction, instruction, supervision, inspection, or engineering services or failing to provide them, if that is the primary cause of injury or damage. Coverage must be at least $1,000,000 each claim with respect to negligent acts, errors, and omissions in connection with all professional services to be provided under this Contract, with a deductible not-to-exceed $50,000 without prior written approval. (d) Workers’ Compensation and Employers’ Liability. Workers’ Compensation as required by the Workers’ Compensation Act of the State of Illinois and Employers’ Liability insurance. Coverage must be at least Workers’ Compensation Coverage with statutory limits and Employers’ Liability limits of $500,000 per accident. 5.3 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer must reduce or eliminate such deductibles or self-insured retentions with respect to the City and its officials, officers, employees, and agents or the Consultant must procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. 5.4 Additional Requirements. The insurance policies must contain, or be endorsed to contain, the following provisions: (a) Commercial General Liability and Automobile Liability Coverage. The City and its officials, officers, employees, and agents must be covered as additional insured as respects: liability arising out of the Consultant’s work, including without limitation activities performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must contain no special limitations on the scope of protection afforded to the City or its officials, officers, employees, and agents. (b) Primary Coverage. The insurance coverage must be primary with respect to the City and its officials, officers, employees, and agents. Any insurance or self-insurance maintained by the City and its officials, officers, employees, and agents will be excess of the Consultant’s insurance and will not contribute with it. (c) Reporting Failures. Any failure to comply with reporting provisions of any policy must not affect coverage provided to the City and its officials, officers, employees, and agents. (d) Severability of Interests/Cross Liability. The insurance must contain a Severability of Interests/Cross Liability clause or language stating that the insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s ability. 28 City of McHenry Professional Services Contract - (e) Umbrella Policies. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not “follow form,” then the Consultant must name the City and its officials, officers, employees, and agents as additional insured under the umbrella policy. (f) Occurrence Form. All general liability coverage must be provided on an occurrence policy form. Claims-made general liability policies are not acceptable. (g) Workers’ Compensation and Employers’ Liability Coverage. The insurer must agree to waive all rights of subrogation against the City and its officials, officers, employees, and agents for losses arising from work performed by the Consultant. (h) Professional Liability. If the policy is written on a claims-made form, the retroactive date must be equal to or preceding the effective date of this Contract. If the policy is cancelled, non-renewed, or switched to an occurrence form, then the Consultant must purchase supplemental extending reporting period coverage for a period of not less than three years. (i) All Coverage. Each insurance policy required must have the City expressly endorsed onto the policy as a Cancellation Notice Recipient. If a policy is canceled before the expiration date of that policy, then notice must be delivered to the City in accordance with the police provisions. (j) Acceptability of Insurers. Insurance must be placed with insurers with a Best’s rating of no less than A-, VII and licensed to do business in the State of Illinois. (k) Waiver of Limitation. The Consultant hereby agrees to waive any limitation as to the amount of contribution recoverable against it by the City. This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers’ Compensation Act provision that applies a limitation to the amount recoverable in contribution, such as Kotecki v. Cyclops Welding. Each sub-consultant also must agree to this waiver. 5.5 Verification of Coverage. The Consultant must furnish the City with certificates of insurance naming the City and its officials, officers, employees, and agents as additional insured and with original endorsements affecting coverage required by this Article 5. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City or may be ISO Additional Insured Endorsements CG 2010 or CG 2026 and in any event must be received and approved by the City before any work commences. The City reserves the right to request a full certified copy of each insurance policy and endorsement. 5.6 Sub-Consultants and Suppliers. The Consultant must include all sub-consultants as insured under its policies or must furnish separate certificates and endorsements for each sub- consultant. All coverage for sub-consultants are subject to all of the requirements stated in this Article 5. 29 City of McHenry Professional Services Contract - ARTICLE 6. INDEMNIFICATION 6.1 Agreement to Indemnify. To the fullest extent permitted by law, the Consultant hereby agrees to indemnify and, at the City’s request, defend the City and its officials, employees, agents, and representatives (collectively the “Indemnified Parties”) against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs, and expenses (collectively “Claims”), that may in any way accrue against the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the performance of any Services by the Consultant or its employees or sub-consultants or that may in any way result therefrom, except only Claims arising out of the sole legal cause of the City. 6.2 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees that any performance bond or insurance policy required by this Contract, or otherwise provided by the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified Parties or any one of them. 6.3 Withholding Payment. To the extent that any payment is due to the Consultant under this Contract, the City may withhold that payment to protect itself against any loss until all claims, suits, or judgments have been settled or discharged and evidence to that effect has been furnished to the satisfaction of the City. 6.4 Limit on Duty to Indemnify. The Consultant is not required to indemnify an Indemnified Party to the extent a Claim resulted solely from the negligence or willful misconduct of the Indemnified Party. ARTICLE 7. ARBITRATION 7.1 Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as determined in the exclusive discretion of the City, at 333 N. Greet St. McHenry, Illinois, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that an arbitration award by default may be entered upon the party failing to appear or defend itself in any arbitration proceeding. In the event of any arbitration or litigation of this Contract, the non-prevailing party, as determined by the arbiter or court , shall pay all expenses incurred by the prevailing party, including, but not limited to (a) attorney’s fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation. ARTICLE 8. TERMINATION 8.1 Contract is At-Will. This Contract is at-will and may be terminated by the City at any time at the City’s convenience, without reason or cause. If the City terminates this Contract without reason or cause, then the Consultant will be entitled to Compensation for all Service performed by the Consultant up to the date of termination. The Consultant is not entitled to any consequential damages, including without limitation for lost profit, for any Services not performed by the Consultant. 30 City of McHenry Professional Services Contract -10- 8.2 Termination by City for Breach. The City at any time, by written notice, may terminate this Contract of breach by the Consultant and of one or more terms of this agreement. “Breach” by the Consultant includes (a) failure of the Consultant to adhere to any terms or conditions of this Contract, (b) failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain progress in the performance of Services so as to endanger proper performance of the Services within the Project Schedule, (d) failure of the Consultant to have or maintain adequate resources to complete any Services. 8.3 City Remedies. If the City terminates this Contract for Breach by the Consultant, then the City will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: (a) The City may recover from the Consultant any and all costs, including without limitation reasonable attorneys’ fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. (b) The City may withhold any or all outstanding Compensation to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys’ fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. In that event, the City will pay any excess funds to the Consultant, if any, after all of the City’s costs are reimbursed or paid. If the Compensation withheld by the City is insufficient to reimburse the City for, or pay, all costs, then the City will has the right to recover directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining costs. 8.4 Termination for Convenience. If, after termination of this Contract by the City for breach, it is determined that the Consultant was not in breach or that the termination otherwise was irregular or improper, then the termination shall be deemed to have been made for the convenience of the City under Section 8.1 of this Contract. 8.5 Termination by Consultant for Breach. The Consultant at any time, by written notice, terminate this Contract on account of failure by the City to properly pay the Consultant and failure of the City to cure the breach within 10 days after that written notice or such further time as the Consultant may agree, in the Consultant’s sole discretion, in response to a written notice from the City seeking additional time to cure. ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 9.1 Consultant as Independent Consultant. For purposes of this Contract, the Consultant is an independent consultant and is not, and may not be construed or deemed to be an employee, agent, or joint venturer of the City. 9.2 Compliance with Laws; Communications with Regulators. The Consultant must comply with all statutes, ordinances, codes, and regulations applicable to the Services. Except to the extent expressly set forth in this Contract, the Consultant may not communicate directly with applicable governmental regulatory agencies with regard to Services without prior express authorization from the City. The Consultant must direct inquiries from governmental regulatory agencies to the City for appropriate response. 31 City of McHenry Professional Services Contract -11- 9.3 Permits and Licenses. The Consultant must obtain and pay for all permits and licenses, registrations, qualifications, and other governmental authorizations required by law that are associated with the Consultant’s performance of Services. 9.4 Safety; Hazardous Materials. (a) Protection of Health, Environment. The Consultant’s personnel must be experienced and properly trained to perform the Services and must take adequate precautions to protect human health and the environment in the performance of Services. (b) Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous condition relating to the Services, then the Consultant must bring that condition to the attention of the City. (c) Hazardous Materials. The Consultant acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law (“Hazardous Materials”) at a project site or otherwise associated with Services, and the Consultant under those circumstances must take appropriate precautions to protect its employees, sub-consultants, and suppliers. 9.5 Ownership of Data and Documents. All data and information, regardless of its format, developed or obtained under this Contract (collectively “Data”), other than the Consultant’s confidential information, will be and remain the sole property of the City. The Consultant must promptly deliver all Data to the City at the City’s request. The Consultant is responsible for the care and protection of the Data until that delivery. The Consultant may retain one copy of the Data for the Consultant’s records subject to the Consultant’s continued compliance with the provisions of this Article. 9.6 Notices. Any notice or communication required by this Contract will be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid, with the U.S. Postal Service and addressed as follows: If to the City: with a copy to: City Administrator Public Works Director City of McHenry Public Works Department 333 S. Green Street 1415 Industrial Drive McHenry, Illinois 60050 McHenry, Illinois 60050 If to the Consultant: with a copy to: or to such other address as the party to whom notice is to be given has furnished in writing. 9.7 No Waiver by City. No act, order, approval, acceptance, or payment by the City, nor any delay by the City in exercising any right under this Contract, will constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or incomplete Services or operate to waive any requirement or provision of this Contract or any remedy, power, or right of the City. 32 City of McHenry Professional Services Contract -12- 9.8 No Third-Party Beneficiaries. This Contract is for the benefit of the City and the Consultant only and there can be no valid claim made or held against the City or the Consultant by any third party to be a beneficiary under this Contract. 9.9 Survival of Terms. The following sections will survive the termination of this Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9. 9.10 Assignments. The Consultant may not assign or transfer any term, obligation, right, or other aspect of this Contract without the prior express written consent of the City. If any aspect of this Contract is assigned or transferred, then the Consultant will remain responsible to the City for the proper performance of the Consultant’s obligations under this Contract. The terms and conditions of any agreement by the Consultant to assign or transfer this Contract must include terms requiring the assignee or transferee to fully comply with this Contract unless otherwise authorized in writing by the City. 9.11 Amendments. This Contract may be amended only in writing executed by the City and the Consultant. 9.12 Governing Law. The validity, construction, and performance of this Contract and all disputes between the parties arising out of or related to this Contract will be governed by the laws of the State of Illinois without regard to choice or conflict of law rules or regulations. 9.13 Compliance with Laws, Grant Regulations. All Services must be provided, performed, and completed in accordance with all required governmental permits, licenses, or other approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The Consultant also must comply with applicable conditions of any federal, state, or local grant received by the City with respect to this Contract. The Consultant will be solely responsible for any fines or penalties that may be imposed or incurred by a governmental agency with jurisdiction over the Services as a result of the Consultant’s improper performance of, or failure to properly perform, any Services. 9.14 Representation of No Conflicts. The Consultant represents that (1) no City employee or agent is interested in the business of the Consultant or this Contract, (2) as of the Effective Date neither the Consultant nor any person employed or associated with the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Contract, and (3) neither the Consultant nor any person employed by or associated with the Consultant may at any time during the Term obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract. 9.15 No Collusion. The Consultant represents that the Consultant is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is properly contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33E-3 or Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Contract and that this Contract is made without collusion with any other person, firm, or corporation. 33 City of McHenry Professional Services Contract -13- WHEREFORE, the City and the Consultant have caused this Contract to be executed by their duly authorized representatives as of the Effective Date. CITY OF MCHENRY By: Name: Title: CHRISTOPHER B. BURKE ENGINEERING, LTD. By: Name: Title: 34 City of McHenry Professional Services Contract -1- SERVICES CHANGE ORDER NO. In accordance with Section 4.1 of the Contract dated , 20 between the City and the Consultant, the Parties agree to the following Services Change Order: 1. Change in Services: 2. Change in Project Schedule (attach schedule if appropriate): 3. Change in Completion Date: All Services must be completed on or before: , 20 4. Change in Compensation: ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED. CITY CONSULTANT [City’s project representative] Signature Name (Printed or Typed) , 20 , 20 Date Date If compensation change greater than $3,500, then City Administrator signature required. , 20 . City Administrator Date If compensation change greater than $10,000, then City Council approval and Mayor signature required. , 20 . Mayor Date 35 June 29, 2021 City of McHenry 1415 Industrial Drive McHenry, IL 60050 Attention: Mr. Troy Strange, P.E. Subject: Knox Park Parking Lot Rehabilitation Dear Mr. Strange: Christopher B. Burke Engineering, Ltd. (CBBEL) is pleased to submit this proposal for professional engineering services for the subject project. This proposal is submitted in conjunction to a pervious proposal for survey and geotechnical work. This proposal includes our Understanding of the Assignment, Scope of Services, and Estimate of Fee. UNDERSTANDING OF ASSIGNMENT We understand that the City of McHenry desires to reconstruct the parking lot which serves the Merkel Aquatic Center located west of the intersection of South Green Street and Turnberry Drive. The existing parking lot is approximately 220’ x 245’ and also consists of a drop-off loop drive. The existing lot is drained by overland flow to the perimeter ditches and/or towards an inverted crown in the lot which outlets at the northeast corner. Proposed improvements consist of reconstruction of the lot utilizing the existing aggregate base. The lot will be raised in areas to eliminate the inverted crown, and all areas will pitch toward the existing perimeter ditches via proposed curb and gutter depressions. The west, north and east sides of the lot with be reconstructed with B-6.12 concrete curb and gutter. The reconstruction of both the parking lot and the entrance/loop drives will consist of new hot-mix asphalt on the existing and/or improved aggregate base course. No underground improvements are anticipated to either the stormwater system or the existing lighting system. The overall parking lot configuration will be maintained and updated to current ADA parking requirements. SCOPE OF SERVICES CBBEL proposes the following scope of services for the projects. Task 1 – Preliminary Plans, Specifications and Cost Estimate: CBBEL will create a preliminary plan which incorporates topographic survey and the lot geometry and grading discussed in the concept analysis. CBBEL will prepare contract documents consisting of plans, specifications, estimate of time, and estimate of construction cost. Plans will be prepared in 36 accordance with City/IDOT design standards and will be in English units. The following sheets will be included in the plans: Sheet No. of Sheets Cover Sheet 1 Summary of Quantities 1 General Notes/Typical Sections 1 Alignment, Ties and Benchmarks (1”=100’) 1 Existing Conditions/Removal Plan (1”=20’) 1 Geometric, Pavement Marking and Sign Plan (1”=20’) 1 Grading Plan (1” = 20’) 1 Erosion Control and Landscape Plan (1” = 20’) 1 Erosion Control Notes 1 Construction Details/Standards 2 Specifications - Cost Estimate - Totals 11 CBBEL will use IDOT standard pay items or City standard special provisions where applicable. Otherwise, project-specific special provisions will be written as needed. Plans, special provisions, and the estimate of cost will be submitted to the City for review. Task 2 - Final Plans, Specifications and Estimates: Upon meeting with the City staff to review their comments on the preliminary submittal, we will revise and finalize the contract documents and cost estimate. During this task the exact letting date will be determined and an estimated construction schedule will be provided. Task 3 – Bidding Assistance: CBBEL will advertise for bidding, distribute plans and specifications to all bidders, and hold a bid opening. CBBEL will review and tabulate all of the bids and make a recommendation of award. Construction Observation CBBEL proposes the following scope of engineering services to complete the Knox Park Parking Lot Rehabilitation Project. Task 4 – Pre-Construction Services Attend pre-construction conference and prepare and circulate minutes. Review Contractor’s construction schedule for compliance with contract documents. Attend any public meetings with concerned residents, if requested. Coordinate initial project notices with impacted stakeholders. Review preliminary construction layout in the field and identify potential conflicts. Task 5 – Construction Observation CBBEL will provide one full-time Resident Engineer for the duration of the Project (assumes 30 Working Days). We are assuming rates of an Engineer I/II to provide an entry level engineer qualified to complete this work within the City’s budget. Construction observation will include the following tasks: Observe the progress and quality of the executed work and determine if the work is proceeding in accordance with the Contract Documents. The Engineer will keep the City informed of the progress of the work, guard the City against defects and deficiencies in the work, advise the City of all observed deficiencies of the work, and advise when the City should disapprove or reject all work failing to conform to the Contract Documents.37  Serve as the City’s liaison with the Contractor working principally through the Contractor’s field superintendent.  Assist Contractor in dealing with any outside agencies.  Attend all construction conferences. Arrange a schedule of progress meetings and other job conferences as required. Maintain and circulate copies of records of the meetings.  Review the Contractor’s schedule on a weekly basis and compare actual progress to Contractor’s approved schedule. If the project falls behind schedule, work with the Contractor to determine the appropriate course of action to get back on schedule.  Maintain orderly files for correspondence, reports of job conferences, shop drawings and other submissions, reproductions or original contract documents including all addenda, change orders, and additional drawings issued subsequent to the award of the contract.  Record the names, addresses and phone numbers of all contractors, subcontractors and major material suppliers in the diary.  Keep an inspector’s daily report book as outlined in the IDOT Project Procedures Guide, which shall contain a daily report and quantity of hours on the job site, weather conditions, list of visiting officials, daily activities, job decisions and observations, as well as general and specific observations and job progress.  Check the Contractor’s layout at regular intervals.  Prepare payment requisitions and change orders for the City’s approval, review applications for payment with the Contractor for compliance with established procedures for their submission and forward them with recommendations to the City.  Except upon written instructions of the City, the Resident Engineer or Inspector shall not authorize any deviation from the Contract Documents.  Determine if the project has been completed in accordance with the Contract Documents and that the Contractor has fulfilled all of his obligations.  Schedule Quality Assurance site testing for HMA and PCC materials used on the project. Task 6 – Post-Construction  Prior to final inspection, submit to the Contractor a list of observed items requiring correction and verify that each correction has been made.  Coordinate and conduct the final inspection with the City. Prepare a final punchlist.  Verify that all the items on the final punchlist have been corrected and make recommendations to the City concerning acceptance.  Provide the City a set of red line markup construction record drawings in a pdf format. Task 7 – Material Testing (by others) Material Testing and Inspection will be provided by our subconsultant Testing Service Corporation, Inc. Services will include:  Proportioning and testing of concrete mixtures in accordance with the "Manual of Instructions for Concrete Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of IDOT and promptly submit reports on forms prepared by said Bureau.  Proportioning and testing of bituminous mixtures (including extracting test) in accordance with the "Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of IDOT, and promptly submit reports on forms prepared by said Bureau.  All compaction tests as required by the specifications and report promptly the same on forms prepared by the Bureau of Materials and Physical Research.  Quality and sieve analyses on local aggregates to see that they comply with the specifications contained in the contract.  Inspection of all materials and submit inspection reports to the City in accordance with the policies of IDOT when inspection is not provided at the sources by the Bureau of Materials and Physical Research of IDOT. 38 Construction Direct Costs (Vehicle Usage): Vehicle usage: 30 days at $65/day. Please note that for any of the observation tasks that CBBEL may be performing, the Contractor(s) shall be informed that either the presence of CBBEL field staff nor the observation and testing (if any) by our firm or subconsultant of our firm shall excuse the Contractor in any way for defects discovered in the work. It should be understood that CBBEL will not be responsible for any job and site safety on this project; job and site safety shall be the sole responsibility of the Contractor(s). CBBEL does not have the right to stop work and will not advise nor supervise the Contractor(s) means and methods of their work. PROJECT SCHEDULE We anticipate the following schedule for the project: DATE Survey/Geotechnical Complete and Ready for Design August 9th 2021 Pre-final Bid Package for City Review September 3rd 2021 City Comments to CBBEL September 10th 2021 Final Bid Package September 17th 2021 Advertise for Bid September 20th 2021 Bid Opening October 6th 2021 Board Approval and give Notice to Proceed to the Contractor October 18th 2021 Construction Complete December 3rd 2021 ESTIMATE OF FEE We estimate the costs of the services to be the following: Task 1 – Preliminary, Specifications and Cost Estimate $17,200 Task 2 – Final Plans, Specifications and Estimates $ 5,000 Task 3 – Bidding Assistance $ 3,000 Design Direct Cost $ 800 Task 4 – Pre-Construction Services $ 2,627 Task 5 – Construction Observation $24,838 Task 6 – Post-Construction Services $ 4,259 Task 7 – Material Testing (by others) $ 3,000 Construction Direct Cost (Vehicle Usage) $ 1,950 Total Not-To-Exceed Amount $62,674 We will bill you at the hourly rates specified on the attached Schedule of Charges. Please note that any requested meetings or additional services are not included in the preceding Fee Estimate and will be billed at the attached hourly rates. 39 Please sign and return one copy of this agreement as an indication of acceptance and notice to proceed. Please feel free to contact us anytime. Sincerely, Michael E. Kerr, PE President Enclosure: Schedule of Charges THIS PROPOSAL AND SCHEDULE OF CHARGES ACCEPTED FOR THE CITY OF MCHENRY: BY: TITLE: DATE: N:\PROPOSALS\ADMIN\2021\McHenryParkingLot.PhaseIIandIII.062921.docx 40 CHRISTOPHER B. BURKE ENGINEERING, LTD. STANDARD CHARGES FOR PROFESSIONAL SERVICES APRIL,2020 Charges* Personnel ($/Hr) Principal 275 Engineer VI 251 Engineer V 208 Engineer IV 170 Engineer III 152 Engineer I/II 121 Survey V 229 Survey IV 196 Survey III 172 Survey II 126 Survey I 100 Engineering Technician V 198 Engineering Technician IV 161 Engineering Technician III 146 Engineering Technician I/II 68 CAD Manager 177 Assistant CAD Manager 153 CAD II 135 GIS Specialist III 148 GIS Specialist I/II 94 Landscape Architect 170 Landscape Designer I/II 94 Environmental Resource Specialist V 216 Environmental Resource Specialist IV 170 Environmental Resource Specialist III 139 Environmental Resource Specialist I/II 94 Environmental Resource Technician 114 Administrative 104 Engineering Intern 63 Information Technician III 130 Information Technician I/II 116 Direct Costs Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12% *Charges include overhead and profit Christopher B. Burke Engineering, Ltd. reserves the right to increase these rates and costs by 5% after December 31, 2020. 41 Monte Johnson Deputy City Clerk 333 S Gre en Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of program s and services in a customer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA ITEM DATE: July 19, 2021 TO: Mayor and City Council FROM: Monte Johnson RE: Block Party Requests ATT: Application, Map of Proposed Closure AGENDA ITEM SUMMARY: An application has been submitted by Wayne Braun for the purpose of holding a block party on Saturday, August 21, between 12:00 p.m. and 8:00 p.m. They are requesting temporary closure of Jennifer Lane from Orleans to Prestwick. An application has been submitted by Cecilia Adams for the purpose of holding a block party on Sunday, July 25, between 7:30 a.m. and 5:00 p.m. They are requesting temporary closure of Washington Street from Green Street to Court Street. Background: The City of McHenry allows block parties on all residential streets providing they do not block intersections, cul -de -sacs or other roadways. To schedule a block party, City residents submit an application to the City Administrator’s office. There is no fee for the permit. Once approved, only moveable barriers (sawhorses) that are dropped off and pick ed up by Public Works can be used to control traffic. Blocking streets with vehicles is prohibited. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve the b lock part y request on Jennifer Lane on August 21, 2021; and to approve the block party request on Washington Street on July 25, 2021. Public Works will provide barricades and the McHenry Township Fire Protection District and Police Department will be notified of the event. 42 Green Street 43 NGreenStWa s h ingt o n S t W B r o a d S t NCourtStWashi ngton S t Washington S tNCourtStNCourtSt NParkSt1stAve SaintPatricks Cemetery StPatrick Church NParkStSource: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community~ Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community Block Party - 3500 Washington Street Bloc k P a r t y L o c a t i o n 44 45 WPrestwickSt JenniferLnNLeonardAveWOrleansStJen niferLnNLeonardAveSource: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community~ Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community Block Party - Jennifer Lane Block Party Location46 47 48 49 50 51 52 53 54 City of McHenry Council Meeting Minutes 6.21.21 1 Minutes REGULAR CITY COUNCIL MEETING Monday, June 21, 2021, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 This meeting will be live streamed with a quorum of the City Council physically present. Public comments may only be heard by members of the public physically present at the meeting. Remote public comments will not be heard. The public can listen and view the meeting from the following link: https://cityofmchenry.zoom.us/j/99997908726?pwd=bW1uU0pvS1Y4WWNuVGVUYzBVUHFaUT09 Call to Order: The City Council of the City of McHenry, Illinois, met in regular session on Monday, Ju ne 21, 2021, at 7:00 p.m. Roll Call: Mayor Jett called the roll call. Members present: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding- absent, Alderman Strach, Alderman Devine, Alderwoman Miller-absent, and Mayor Jett. Others present: Attorney McArdle, Admi nistrator Morefield, Director of Publi c Works Strange, Director of Community Development Polerecky-absent, Finance Director Lynch, Director of Parks and Recreation Hobson-absent, Director of Economic Development Martin, C hief of Police Birk- absent, City Planner Sheriff-absent, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge. Public Comments: Administrator Morefield explai ned the new cameras and technology that is i n place with the meetings movi ng forward. Podi um and council cameras have been updated technology. Per Administrator Morefield, meetings will be live streamed along with recordings that are being uploaded to YouTube as well. Laura Countour-resident, asked about how may yard sales for season, per Alderman Glab they are allowed three. She had some concerns regarding these parameters i n the neighborhood and will be contacted by The Council to help discuss f urther. Consent Agenda: Motion to Approve the following Consent Agenda Items: A.Award of contract for the Veteran’s Park Resurfacing Project to Chicagoland Paving Contractors, Inc. of Lake Zurich, Il linois in the amount of $288,000.00; and, to approve a construction contingency in the amount of 10% of the award contract price ($28,800.00); (Public Works Director Strange) *Clerks note: This item was pulled by Alderman McClathcey – he would like to see the gravel replaced along with this as well , in agreeance with this was Alderman Glab . According to Director Troy this option be looked at and provided the pricing to The Council. 55 City of McHenry Council Meeting Minutes 6.21.21 2 Would be in the $10-15K range- Attorney McArdle did note that th is addition cannot be changed during the bid period. The project would be started just after Labor Day. Get a bid on this to bring back to council for approval of the process. A motion was made by Alderman Santi and seconded by Alderman McClatchey to approve Consent Agenda Items as presented: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding-absent, Alderman Strach , Alderman Devine, Alderwoman Mille -absent. 0-nays, 0-abstained. Motion carried. B.Award of contract for the North Main Street Parking Lot Resurfacing Project to Rabine Paving Self Performing, LLC in the amount of $22,850.65; (Public Works Director Strange) C.Approve an Ordinance amending the FY21/22 Budget in the amount of $73,500 ($62,600 in Fund 100 and $10,900 in Fund 510) for the purpose of hiring a Plumbing Inspector/Code Enforcement Inspector; (City Administrator Morefield) D.Block Party Request on Argyle Lane on July 31, 2021; (Deputy Clerk Johnson) G.Issuance of Checks in the amount of $210,215.18; H.As Needed Checks in the amount of $213,154.68. A motion was made by Alderman Santi and seconded by Alderman McClatchey to approve Consent Agenda Items as presented: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding-absent, Alderman Strach , Alderman Devine, Alderwoman Mille -absent. 0-nays, 0-abstained. Motion carried. E.Allow City Staff to approve an onstage pyrotechnic display permit issued to 5 Alarm Fireworks Company in conjunction with The McHenry Chamber of Commerce Fiesta Days Musicfest event on July 9, 2021; *Clerks Note this item pulled by Alderman Glab asking if there is an insurance policy specific to the event A motion was made by Alderman Strach and seconded by Alderman Devine to approve Consent Agenda Items as presented: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey , A lderman Harding -absent, Alderman Strach , Alderman Devine, Alderwoman Mille-absent. 0-nays, 0-abstained. Motion carried. F.June 7, 2021 City Council Meeting Minutes; *Clerks Note this item was pull by Alderman Glab. Would like City Clerk Trisha Ramel and Deputy Clerk Monte Johnson to review minutes regarding some information left out. Agreed by the Deputy Clerk and City Clerk to coordinate those efforts to review. A motion was made by Alderman Santi and seconded by Alde rman Devine to approve Consent Agenda Items as presented: Roll Call: Vote: 4-ayes: Alderman Santi, Alderman McClatchey, Alderman Harding-absent, Alderman Strach , Alderman Devine, Alderwoman Mille-absent. 1-nays- Alderman Glab, 0-abstained. Motion carried. 56 City of McHenry Council Meeting Minutes 6.21.21 3 Individual Action Item Agenda. A.Motion to adopt an Ordinance amending Title 9 -4B-1 Subsection F of the McHenry Municipal Code in relation to Wastewater Rates, and Title 9 -2C-5 Subsection B of the McHenry Municipal Code in relation to Water Rates. (Finance Director Lynch) Per Director Lynch she explained there is an error on page 49 —there is a .30 increase/change on the table for water rates. A motion was made by Alderman Santi and seconded by Alderman Strach to approve Individual Agenda Items as presented: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding -absent, Alderman Strach, Alderman Devine, Alderwoman Miller-absent. 0-nays, 0-abstained. Motion carried. Discussion Items: A.Discussion regarding potential program modifications and service options, contract renewal and/or renegotiation for the City’s refuse hauling contract. (Public Works Director Strange) Steve from Prairie Land was present to explain the options that The City could change for a new contract. Per Director Strange, The Council could negotiate a new 5 year term or go out for proposals. Steve was present to go over those plans with The Council , since there is one year left on the current contract. An option would be unlimited yard waste along with a spring clean up day. Per Director Strange he asked for guidance from The Council . Steve was also asking for input from The Council and what would be beneficial for th e residents of the city. Mayor Jett opened the floor up to The Council. Per Alderman McClatchy he questioned why recycling prices had tripled, as confirmed by Steve from Prairie Land because China is not purchasing cardboard at the rate that it used to be, the processing in the United States is not at that capacity yet. Alderman Glab wanted to know what the city wide clean up limits are there, per Steve there is no limit but no tv, electronics, tires or appliances. They do offer an elec tronic pick up but it can be coordinated on the same day. Alderman Santi posed some questions on the amount of bulk items, the answer is one b ulk item per week per house hold , Alderman Santi also complemented the services of Prairie Land . Alderman Devine and many others on The Council did want to go out for proposal again, many positive comments regarding Prairie Land. This conversation went on for some time exploring ideas regarding the needs of the community along with the options that can be added for s ervices, including ideas for senior discounts. Mayor Jett asked for other ideas to be emailed to Director Strange. Staff Reports: A.June 21, 2021 Staff Report Provided. Mayor’s Report: None 57 City of McHenry Council Meeting Minutes 6.21.21 4 City Council Comments : Alderman Santi - thanked Administrator Morefield and Mayor Jett for streaming the Zoom option. Chief Birk and staff helped per Administrator Morefield. Alderman McClatchey explained about an information center, for the Chamber building. Mayor Jett stated that they have a visual of the windows for the vacant buildings and how to make them more appealing, partnering with Sticker Dude to help make it an image of what the store front could be. Looking at sponsors to support that, per Director Martin, helping to clean up the city and make it look presentable. Alderman Strach, also reminded everyone that Thursday Night Concerts are back, also stating that the park staff that has been helping out the group. Many thanks and complements were shared about the work put into the Thursday night events , including the efforts of Alderman Strach. Alderman Glab commented on the zoning of commercial used over by the High School area. Would like further consideration on the impact of what type of commercial would we like in the area over by the high school. Deputy Chief Monte Johnson wrapped up the comments by announcing that the new video sound needs to be uploaded and since this was the first time doing so it will b e fixed. Adjourn: A motion was made Alderman Santi and seconded by Alderman Devine to adjourn the meeting at 7:56 PM. Roll Call: Vote:5-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding -absent, Alderman Strach , Alderman Devine, Alderwoman Miller-absent. 0-nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel 58 Expense Approval Register McHenry, IL #2 List of Bills Council Meeting 7‐19‐21  Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: 5 STAR SPORTS ACADEMY INC  5 STAR SPORTS ACADEMY INC    4 6‐19‐21 07/19/2021 Invoice 4 ‐ Spring 1 100‐47‐5110 2,193.00 Vendor 5 STAR SPORTS ACADEMY INC Total:   2,193.00 Vendor: ADAMS STEEL SERVICE & SUPPLY, INC  ADAMS STEEL SERVICE & 370786 07/19/2021 welder parts (370786) 100‐33‐5370 106.98 Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total:   106.98 Vendor: ALEXANDER LUMBER CO  ALEXANDER LUMBER CO INV1862010 07/14/2021 Concrete Supplies City Hall 100‐33‐6110 1,121.39 ALEXANDER LUMBER CO INV1862020 07/19/2021 Concrete Supplies City Hall 100‐33‐6110 365.76 Vendor ALEXANDER LUMBER CO Total: 1,487.15 Vendor: BADGER METER INC  BADGER METER INC 80076957 07/19/2021 INV# 80076957  Badger 510‐31‐5110 414.75 Vendor BADGER METER INC Total:   414.75 Vendor: BEARING HEADQUARTERS COMPANY  BEARING HEADQUARTERS 5695935 07/19/2021 TB Woods Coupling 10J 510‐31‐6110 81.83 Vendor BEARING HEADQUARTERS COMPANY Total:   81.83 Vendor: BERKHEIMER CO INC, G W  BERKHEIMER CO INC, G W 887924 07/19/2021 Dehumidifier filters 510‐31‐6110 122.52 BERKHEIMER CO INC, G W 891117 07/19/2021 20x20x2 KP‐STD2 100‐03‐6110 307.44 Vendor BERKHEIMER CO INC, G W Total:   429.96 Vendor: BONNELL INDUSTRIES INC  BONNELL INDUSTRIES INC 199545‐IN 07/19/2021 414 (199545) 100‐33‐5370 3,843.90 Vendor BONNELL INDUSTRIES INC Total: 3,843.90 Vendor: CABAY & COMPANY INC  CABAY & COMPANY INC PO26724 07/19/2021 Paper supplies  100‐01‐6110 572.72 Vendor CABAY & COMPANY INC Total:   572.72 Vendor: CENTRAL TREE SERVICE  CENTRAL TREE SERVICE 8604 07/19/2021 Brush Grinding INV# 8604 100‐33‐6950 8,200.00 Vendor CENTRAL TREE SERVICE Total:   8,200.00 Vendor: CMP INDUSTRIES, INC  CMP INDUSTRIES, INC 179 07/19/2021 Rebar 100‐33‐6110 150.00 Vendor CMP INDUSTRIES, INC Total:   150.00 Vendor: CONSERV FS  CONSERV FS 65120990 07/19/2021 Sports Field Supplies  100‐45‐6110 355.60 Vendor CONSERV FS Total:   355.60 Vendor: CORKSCREW GYMNASTICS & SPORTS ACADEMY  CORKSCREW GYMNASTICS & 847 07/19/2021 Invoice 847 100‐47‐5110 1,700.00 Vendor CORKSCREW GYMNASTICS & SPORTS ACADEMY Total:   1,700.00 Vendor: CRESCENT ELECTRIC SUPPLY CO  CRESCENT ELECTRIC SUPPLY CO  S509130033.010 07/19/2021 PD Renovation 100‐01‐8200 667.44 Vendor CRESCENT ELECTRIC SUPPLY CO Total:   667.44 Vendor: CURRAN CONTRACTING COMPANY  CURRAN CONTRACTING 21701 07/19/2021 N50 Surface INV#21701 100‐33‐6110 30.71 CURRAN CONTRACTING 21724 07/19/2021 Capping Agg INV#21724 100‐33‐6110 104.82 CURRAN CONTRACTING 21748 07/19/2021 N50 Surface & Capping Agg ‐ 100‐33‐6110 254.39 CURRAN CONTRACTING 21803 07/19/2021 N50 Surface INV#21803 100‐33‐6110 234.52 CURRAN CONTRACTING 21821 07/19/2021 N50 Surface INV#21821 100‐33‐6110 43.17 CURRAN CONTRACTING 21838 07/19/2021 N50 Surface ‐ STS ‐ 21838 100‐33‐6110 24.03 CURRAN CONTRACTING INV21673 07/19/2021 N50 Surface INV#21673 100‐33‐6110 69.87 Vendor CURRAN CONTRACTING COMPANY Total:   761.51 7/14/2021 3:02:20 PM 59 Expense Approval Register Packet: APPKT02153 ‐ 7‐19‐21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: DURA WAX COMPANY INC, THE  DURA WAX COMPANY INC, THE  414102 07/19/2021 Bathroom Supplies 100‐45‐6110 192.60 Vendor DURA WAX COMPANY INC, THE Total:   192.60 Vendor: ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP  ED'S AUTOMOTIVE/JIM'S 2186 6‐30‐21 07/19/2021 Vehicle Inspections (817) ‐ UTY  510‐35‐5370 44.50 ED'S AUTOMOTIVE/JIM'S 6‐30‐21 2186 07/19/2021 Vehicle Inspections ‐ STS (11 100‐33‐5370 344.50 Vendor ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP Total:   389.00 Vendor: ED'S RENTAL & SALES INC  ED'S RENTAL & SALES INC 330155‐1 07/19/2021 45 100‐45‐6110 340.00 Vendor ED'S RENTAL & SALES INC Total:   340.00 Vendor: EJ USA INC  EJ USA INC 110210044521 07/19/2021 7" round frames,Storm grates 510‐35‐6110 3,149.28 EJ USA INC 110210044563 07/19/2021 Valve box risers ( 510‐35‐6110 2,226.60 EJ USA INC 1102100488409 07/19/2021 6" valve and bolts 510‐35‐6110 1,542.12 Vendor EJ USA INC Total:   6,918.00 Vendor: FAST EDDIES CAR WASH  FAST EDDIES CAR WASH 24094489626 07/19/2021 Squad Wash 100‐22‐5370 34.50 Vendor FAST EDDIES CAR WASH Total:   34.50 Vendor: FISCHER BROS FRESH  FISCHER BROS FRESH 15975 07/19/2021 Concrete for City Hall Parking 100‐33‐6110 538.75 FISCHER BROS FRESH 15979 07/19/2021 Concrete for City Hall Parking 100‐33‐6110 874.25 FISCHER BROS FRESH 15990 07/19/2021 Concrete CITY HALL STS #15990 100‐33‐6110 538.75 FISCHER BROS FRESH 16004 07/19/2021 Concrete ‐ CITY HALL #16004 100‐33‐6110 605.38 Vendor FISCHER BROS FRESH Total: 2,557.13 Vendor: FOXCROFT MEADOWS INC  FOXCROFT MEADOWS INC 60704 07/19/2021 Landscape Supplies  100‐45‐6110 243.00 Vendor FOXCROFT MEADOWS INC Total:   243.00 Vendor: GALLS LLC  GALLS LLC 018671231 07/19/2021 Uniform Order ‐ Voelker 100‐22‐4510 209.75 GALLS LLC 018698326 07/19/2021 Uniform Order ‐ Fitzgerald 100‐23‐4510 119.69 GALLS LLC 018716872 07/19/2021 Uniform Order ‐ A. Birk 100‐22‐4510 49.78 GALLS LLC 018718879 07/19/2021 Uniform Order ‐ Shafer 100‐22‐4510 54.60 GALLS LLC 018734734 07/19/2021 Uniform Order ‐ OHerron 100‐22‐4510 42.79 GALLS LLC 018734761 07/19/2021 Uniform Order ‐ K. Ducak 100‐22‐4510 85.99 Vendor GALLS LLC Total:   562.60 Vendor: GESKE AND SONS INC  GESKE AND SONS INC 56687 INV 07/19/2021 HMA N50 Surface ‐ STS ‐ 56687 100‐33‐6110 54.00 Vendor GESKE AND SONS INC Total:   54.00 Vendor: GOLD MEDAL PRODUCTS  GOLD MEDAL PRODUCTS 377912 07/19/2021 Conc ‐ Popcorn 100‐44‐6110 560.00 Vendor GOLD MEDAL PRODUCTS Total: 560.00 Vendor: GOODMARK NURSERIES LLC  GOODMARK NURSERIES LLC 26383 07/19/2021 Arbor Day Donation Trees 100‐33‐6950 1,450.00 Vendor GOODMARK NURSERIES LLC Total:   1,450.00 Vendor: HALOGEN SUPPLY COMPANY  HALOGEN SUPPLY COMPANY 566171 07/19/2021 Vac Gauge for Pool 100‐42‐6110 39.75 HALOGEN SUPPLY COMPANY 566637 07/19/2021 DE 25lb bags (20 bags) 100‐42‐6110 551.00 HALOGEN SUPPLY COMPANY 567017 07/19/2021 Vacuum Power Supple Cord 100‐42‐6110 232.63 HALOGEN SUPPLY COMPANY 567018 07/19/2021 Acid Pump Tubes 100‐42‐6110 83.26 Vendor HALOGEN SUPPLY COMPANY Total:   906.64 Vendor: HASTY AWARDS  HASTY AWARDS 7‐6‐21 1221‐274NT 07/19/2021 River Run Awards 100‐47‐6920 541.57 Vendor HASTY AWARDS Total:   541.57 Vendor: HAWKINS INC  HAWKINS INC 4965278 07/19/2021 Chemical Delivery 510‐32‐6110 3,243.18 HAWKINS INC 4971591 07/19/2021 Chemicals INV# 4971591 510‐31‐6110 4,484.90 7/14/2021 3:02:20 PM 60 Expense Approval Register Packet: APPKT02153 ‐ 7‐19‐21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount HAWKINS INC 4972085 07/19/2021 Chemical Delivery 510‐32‐6110 4,028.97 Vendor HAWKINS INC Total:   11,757.05 Vendor: HYDRAULIC SERVICES AND REPAIRS INC  HYDRAULIC SERVICES AND 361375 07/19/2021 441 (361375) 100‐33‐5370 360.00 Vendor HYDRAULIC SERVICES AND REPAIRS INC Total:   360.00 Vendor: ILEAS  ILEAS DUES 10458 07/19/2021 Membership Dues 100‐22‐5410 240.00 Vendor ILEAS Total: 240.00 Vendor: ILLINOIS ENVIRONMENTAL PROTECTION AGENCY  ILLINOIS ENVIRONMENTAL IL0066257(A) 2021 07/19/2021 NPDES # IL0066257(A) SWWTP 510‐32‐5110 15,000.00 ILLINOIS ENVIRONMENTAL ILR00385(A )2021 07/19/2021 NPDES # ILR400385(A) MS4 510‐32‐5110 1,000.00 ILLINOIS ENVIRONMENTAL ILR006228(A) 2021 07/19/2021 NPDES  # ILR006228(A) yearly 510‐32‐5110 500.00 Vendor ILLINOIS ENVIRONMENTAL PROTECTION AGENCY Total:   16,500.00 Vendor: IN‐PIPE TECHNOLOGY COMPANY INC  IN‐PIPE TECHNOLOGY 1915 07/19/2021 Monthly service fee #1915 510‐32‐5110 7,750.00 Vendor IN‐PIPE TECHNOLOGY COMPANY INC Total: 7,750.00 Vendor: INTERSTATE BILLING SERVICE INC  INTERSTATE BILLING SERVICE 3023934083 07/19/2021 417 (3023934083) 100‐33‐5370 841.94 INTERSTATE BILLING SERVICE 30239953831 07/19/2021 402 (3023953831) 100‐33‐5370 2,159.86 Vendor INTERSTATE BILLING SERVICE INC Total: 3,001.80 Vendor: KIMBALL MIDWEST  KIMBALL MIDWEST 8985338 07/19/2021 kimball stock (8985338) 100‐33‐5370 404.26 KIMBALL MIDWEST 9003613 07/19/2021 kimball (9003613) 510‐32‐5370 454.25 KIMBALL MIDWEST 9016918 07/19/2021 kimball stock (9016918) 100‐33‐5370 471.09 Vendor KIMBALL MIDWEST Total:   1,329.60 Vendor: KIWANIS CLUB OF MCHENRY  KIWANIS CLUB OF MCHENRY 10062 07/19/2021 Kiwanis ‐ Lunch 100‐46‐6110 15.00 Vendor KIWANIS CLUB OF MCHENRY Total: 15.00 Vendor: KOMLINE‐SANDERSON  KOMLINE‐SANDERSON 42050223 07/19/2021 Vapor Power‐Thermal Oil INV# 510‐32‐5375 792.00 Vendor KOMLINE‐SANDERSON Total:   792.00 Vendor: LAI LTD  LAI LTD 21‐18369 07/19/2021 SBR Blower Roof top Air Filters 510‐32‐5375 627.16 Vendor LAI LTD Total:   627.16 Vendor: LANG AUTO GROUP, GARY  LANG AUTO GROUP, GARY 5056750 07/19/2021 310   5056750 100‐22‐5370 101.71 LANG AUTO GROUP, GARY 5057593 07/19/2021 310    5057593 100‐22‐5370 165.73 LANG AUTO GROUP, GARY 5057656 07/19/2021 310    5057656 100‐22‐5370 5.51 LANG AUTO GROUP, GARY 5057822 07/19/2021 310   5057822 100‐22‐5370 36.64 LANG AUTO GROUP, GARY 5057995 07/19/2021 428   5057995 100‐33‐5370 27.60 LANG AUTO GROUP, GARY 5058066 07/19/2021 311 (5058066) 100‐22‐5370 1,342.11 LANG AUTO GROUP, GARY 5058140 07/19/2021 804  5058140 510‐35‐5370 362.91 LANG AUTO GROUP, GARY 5058179 07/19/2021 319  5058179 100‐22‐5370 104.05 LANG AUTO GROUP, GARY 5058303 07/19/2021 804 (5058303) 510‐35‐5370 41.75 Vendor LANG AUTO GROUP, GARY Total: 2,188.01 Vendor: LINCOLN AQUATICS  LINCOLN AQUATICS 38292137 07/19/2021 Water Polo Caps 100‐42‐6110 436.51 Vendor LINCOLN AQUATICS Total:   436.51 Vendor: MCCANN INDUSTRIES INC  MCCANN INDUSTRIES INC INV P23389 07/19/2021 Oak Lath ‐ STS ‐ INV P23389 100‐33‐6110 338.87 Vendor MCCANN INDUSTRIES INC Total:   338.87 Vendor: MCHENRY MARLINS AQUATIC CLUB  MCHENRY MARLINS AQUATIC    320 07/19/2021 MMAC Athlete Fees for PPD & 100‐47‐5110 72.00 MCHENRY MARLINS AQUATIC    321 07/19/2021 MMAC ISI Meet Fees 100‐47‐5110 54.00 Vendor MCHENRY MARLINS AQUATIC CLUB Total:   126.00 7/14/2021 3:02:20 PM 61 Expense Approval Register Packet: APPKT02153 ‐ 7‐19‐21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: MCHENRY SPECIALTIES  MCHENRY SPECIALTIES 2021‐327 07/19/2021 Spec Event  ‐ River Run/Big 100‐46‐6920 109.50 MCHENRY SPECIALTIES 2021‐327 07/19/2021 Spec Event  ‐ River Run/Big 100‐47‐6920 189.00 MCHENRY SPECIALTIES 2021‐328 07/19/2021 Engrave Plaque ‐ Gallagher 100‐23‐6210 50.00 Vendor MCHENRY SPECIALTIES Total:   348.50 Vendor: MDS TECHNOLOGIES, INC  MDS TECHNOLOGIES, INC 21600 07/19/2021 Sidewalk survey 100‐33‐5110 4,942.50 Vendor MDS TECHNOLOGIES, INC Total: 4,942.50 Vendor: MEADE INC  MEADE INC 697053 07/19/2021 Traffic Signal Maintenance 100‐33‐5110 246.71 Vendor MEADE INC Total:   246.71 Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC  MENDEZ LANDSCAPING & 10763 07/19/2021 Landscaping Services  100‐45‐5110 1,700.00 Vendor MENDEZ LANDSCAPING & BRICK PAVERS INC Total:   1,700.00 Vendor: MID AMERICAN WATER OF WAUCONDA INC  MID AMERICAN WATER OF 240120W 07/19/2021 4"X6" reducer and 6 B‐Boxes( 510‐35‐6110 632.00 MID AMERICAN WATER OF 240129W 07/19/2021 Meter couplings  INV# 510‐31‐6110 960.00 MID AMERICAN WATER OF 240355W 07/19/2021 MJgaskets,B‐Box tops (inv# 510‐35‐6110 792.00 MID AMERICAN WATER OF 240530W 07/19/2021 Mega lugs6"PVC and ductile 510‐35‐6110 330.00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 2,714.00 Vendor: MIDWEST METER INC  MIDWEST METER INC 0133610‐IN 07/19/2021 Cellular connection tool for 510‐31‐6110 144.84 Vendor MIDWEST METER INC Total:   144.84 Vendor: MINUTEMAN PRESS OF MCH  MINUTEMAN PRESS OF MCH 95704 07/19/2021 Office Supplies  100‐45‐6210 41.00 Vendor MINUTEMAN PRESS OF MCH Total:   41.00 Vendor: MULCH CENTER, THE  MULCH CENTER, THE 214027 07/19/2021 Playground Supplies  100‐45‐6110 1,400.00 Vendor MULCH CENTER, THE Total:   1,400.00 Vendor: NATIONAL BUSINESS FURNITURE  NATIONAL BUSINESS ZK141269‐TDQ 07/19/2021 desk chair  100‐05‐6210 319.98 Vendor NATIONAL BUSINESS FURNITURE Total:   319.98 Vendor: NEW LIBERTY POPCORN  NEW LIBERTY POPCORN 21063023 07/19/2021 Conc ‐ Popcorn Machine Repair 100‐44‐6110 360.00 Vendor NEW LIBERTY POPCORN Total:   360.00 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC  NORTHWEST ELECTRICAL 17504193 CR17504248 07/19/2021 Electrical Supplies  100‐45‐6110 245.84 NORTHWEST ELECTRICAL 17504249 07/19/2021 Veteran's Park Electrical  100‐45‐6110 88.37 NORTHWEST ELECTRICAL 17504273 07/19/2021 Veteran's Park Electrical  100‐45‐6110 12.16 NORTHWEST ELECTRICAL 17506305 07/19/2021 Electrical Supplies  100‐45‐6110 27.50 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total:   373.87 Vendor: PDC LABORATORIES INC  PDC LABORATORIES INC I9470260 07/19/2021 Total Nitrogen INV# I9470260 510‐32‐6110 64.30 PDC LABORATORIES INC I9470261 07/19/2021 Lab analysis  I9470261 510‐31‐5110 1,007.50 PDC LABORATORIES INC I9470505 07/19/2021 Metals Samples INV# I9470505 510‐32‐6110 669.65 PDC LABORATORIES INC I9470506 07/19/2021 Lab analysis I9470506 510‐31‐5110 715.00 Vendor PDC LABORATORIES INC Total:   2,456.45 Vendor: PETROCHOICE LLC  PETROCHOICE LLC 050593829 07/19/2021 Fuel ‐ STS ‐050593829 100‐33‐6250 678.88 PETROCHOICE LLC 50586531 07/19/2021 Regional & SWWTP Generator 510‐32‐6250 814.35 PETROCHOICE LLC 50586918 07/19/2021 Fuel ‐ UTY ‐ 50586918 510‐35‐6250 1,025.59 PETROCHOICE LLC 50586931 07/19/2021 Fuel Bill 100‐03‐6250 250.58 PETROCHOICE LLC 50586932 07/19/2021 Fuel ‐ WW ‐ 50586932 510‐32‐6250 833.68 PETROCHOICE LLC 50586933 07/19/2021 Fuel ‐ WTR ‐ 50586933 510‐31‐6250 133.10 PETROCHOICE LLC 50586934 07/19/2021 Fuel invoice #50586934 100‐45‐6250 497.93 PETROCHOICE LLC 50586935 07/19/2021 Fuel ‐ STS ‐ 50586935 100‐33‐6250 783.73 7/14/2021 3:02:20 PM 62 Expense Approval Register Packet: APPKT02153 ‐ 7‐19‐21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount PETROCHOICE LLC 50586936 07/19/2021 Fuel 50586936 100‐22‐6250 2,611.83 PETROCHOICE LLC 50593809 07/19/2021 Fuel ‐ UTY ‐ 50593809 510‐35‐6250 606.39 PETROCHOICE LLC 50593825 07/19/2021 Fuel Bill 100‐03‐6250 113.65 PETROCHOICE LLC 50593826 07/19/2021 Fuel ‐ WW ‐ 50593826 510‐32‐6250 604.99 PETROCHOICE LLC 50593827 07/19/2021 Fuel ‐ WTR ‐ 50593827 510‐31‐6250 112.74 PETROCHOICE LLC 50593830 07/19/2021 Fuel 50593830 100‐22‐6250 2,074.87 Vendor PETROCHOICE LLC Total:   11,142.31 Vendor: PRECISION POWDER COATING INC  PRECISION POWDER COATING    13490 07/19/2021 Sign Maintenance  100‐45‐5110 125.00 Vendor PRECISION POWDER COATING INC Total:   125.00 Vendor: RADAR MAN INC  RADAR MAN INC 5083 07/19/2021 Radar Repair 100‐22‐6110 725.00 Vendor RADAR MAN INC Total:   725.00 Vendor: RESTORATION 1  RESTORATION 1 2560 07/19/2021 Cell Cleaning 100‐22‐5110 149.00 Vendor RESTORATION 1 Total: 149.00 Vendor: RNOW INC  RNOW INC 2021‐60408 07/19/2021 Switches for aquatec 510‐35‐6110 27.35 Vendor RNOW INC Total:   27.35 Vendor: ROCK 'N' KIDS INC  ROCK 'N' KIDS INC MCHSUI21 07/19/2021 Cont ‐ Tot/Kid Rock 100‐46‐5110 536.00 Vendor ROCK 'N' KIDS INC Total:   536.00 Vendor: RUSSO POWER EQUIPMENT  RUSSO POWER EQUIPMENT SPI10746258 07/19/2021 Stihl weed whacker parts  510‐32‐5370 16.98 Vendor RUSSO POWER EQUIPMENT Total:   16.98 Vendor: SERVICEMASTER BY THACKER  SERVICEMASTER BY THACKER 23622 07/19/2021 1900 Richmond (Covid) ‐ July 100‐33‐5110 2,380.00 Vendor SERVICEMASTER BY THACKER Total: 2,380.00 Vendor: THOMPSON ELEVATOR INSPECTION SERV INC  THOMPSON ELEVATOR 21‐1686 07/19/2021 1415 Industrial ‐ Lift 100‐33‐5115 185.00 Vendor THOMPSON ELEVATOR INSPECTION SERV INC Total:   185.00 Vendor: TRAFFIC CONTROL & PROTECTION INC  TRAFFIC CONTROL & 107355 07/19/2021 Speed Limit Signs inv# 107355 100‐33‐6110 815.60 Vendor TRAFFIC CONTROL & PROTECTION INC Total:   815.60 Vendor: TREDROC TIRE/ANTIOCH 002  TREDROC TIRE/ANTIOCH 002 7020044774 07/19/2021 417 (7020044774) 100‐33‐5370 811.85 Vendor TREDROC TIRE/ANTIOCH 002 Total: 811.85 Vendor: ULTRA STROBE COMMUNICATIONS INC  ULTRA STROBE 079266 07/19/2021 Remove/Install Radios 100‐22‐5370 206.95 ULTRA STROBE 079275 07/19/2021 Remove/Instal Radios 327 100‐22‐5370 221.85 Vendor ULTRA STROBE COMMUNICATIONS INC Total:   428.80 Vendor: US JAIL SUPPLY  US JAIL SUPPLY 2497 07/19/2021 Cell Blankets 100‐22‐6210 78.95 Vendor US JAIL SUPPLY Total: 78.95 Vendor: USA BLUEBOOK  USA BLUEBOOK 641222 07/19/2021 Step Screen Water Line Fittings 510‐32‐5375 194.50 USA BLUEBOOK 641617 07/19/2021 Step Screen Water Line Fittings 510‐32‐5375 254.85 USA BLUEBOOK 641618 07/19/2021 Step Screen Water Line Fittings 510‐32‐5375 32.95 Vendor USA BLUEBOOK Total: 482.30 Vendor: WATER PRODUCTS ‐ AURORA  WATER PRODUCTS ‐ AURORA 0303865 07/19/2021 Tapping sleeves valve INV# 510‐31‐6110 2,482.48 Vendor WATER PRODUCTS ‐ AURORA Total:   2,482.48 Vendor: WELCH BROS INC  WELCH BROS INC 3135691 07/19/2021 Covid Barriers Rental 6/14‐7/14 100‐33‐6110 700.00 Vendor WELCH BROS INC Total:   700.00 7/14/2021 3:02:20 PM 63 Expense Approval Register Packet: APPKT02153 ‐ 7‐19‐21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: XYLEM WATER SOLUTIONS USA INC  XYLEM WATER SOLUTIONS USA  3556B78154 07/19/2021 Broadway Pump Repl. 510‐32‐5380 14,131.40 Vendor XYLEM WATER SOLUTIONS USA INC Total:   14,131.40 Grand Total:   131,441.75 7/14/2021 3:02:20 PM 64 Expense Approval Register Packet: APPKT02153 ‐ 7‐19‐21 RECT INVOICE Fund Summary  Fund Expense Amount    100 ‐ GENERAL FUND 58,988.39  510 ‐ WATER/SEWER FUND 72,453.36   Grand Total: 131,441.75  65 Expense Approval Register  McHenry, IL List of Bills Council Meeting 7‐19‐21 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: BAKER & SON CO, PETER  BAKER & SON CO, PETER 33143 07/19/2021 HMA MAT 100‐33‐6110 1,241.22 BAKER & SON CO, PETER 33252 07/19/2021 HMA SFC 100‐33‐6110 148.26 BAKER & SON CO, PETER 33350 07/19/2021 2021 HMA 100‐33‐6110 1,459.08 BAKER & SON CO, PETER 33431 07/19/2021 HMA MAT 100‐33‐6110 43.68 BAKER & SON CO, PETER 33506 07/19/2021 2021 HMA MAT 100‐33‐6110 278.04 Vendor BAKER & SON CO, PETER Total: 3,170.28 Vendor: BAXTER & WOODMAN  BAXTER & WOODMAN 0224506 07/19/2021 OAKWOOD DR BRIDGE REHAB    270‐00‐8600 2,714.51 Vendor BAXTER & WOODMAN Total:   2,714.51 Vendor: BESHEL, JENNY  BESHEL, JENNY 307770 07/19/2021 CXL 100‐41‐3637 70.00 Vendor BESHEL, JENNY Total:   70.00 Vendor: BOONE CREEK CROSSING, LLC  BOONE CREEK CROSSING, LLC    INV0011764 07/19/2021 1/2 2020 TIF INCREMENT 290‐00‐6940 650.01 Vendor BOONE CREEK CROSSING, LLC Total:   650.01 Vendor: CHRISTOPHER B BURKE ENGINEERING, LTD  CHRISTOPHER B BURKE 166801 07/19/2021 CLOMR 100‐01‐5110 968.00 Vendor CHRISTOPHER B BURKE ENGINEERING, LTD Total: 968.00 Vendor: CLEARVIEW LANDSCAPE CONSTRUCTION, INC  CLEARVIEW LANDSCAPE #20212 07/19/2021 MOWING  510‐31‐5110 1,068.00 CLEARVIEW LANDSCAPE #20212 07/19/2021 MOWING  510‐32‐5110 796.20 CLEARVIEW LANDSCAPE 20212 07/19/2021 MOWING  100‐33‐5110 2,971.80 CLEARVIEW LANDSCAPE 20212 07/19/2021 MOWING  100‐45‐5110 17,274.00 Vendor CLEARVIEW LANDSCAPE CONSTRUCTION, INC Total:   22,110.00 Vendor: CONSTELLATION NEWENERGY INC  CONSTELLATION NEWENERGY    INV0011770 07/19/2021 UTIL 100‐33‐5520 19.34 CONSTELLATION NEWENERGY    INV0011770 07/19/2021 UTIL 100‐44‐5510 24.36 Vendor CONSTELLATION NEWENERGY INC Total:   43.70 Vendor: CRONIN, TRACY  CRONIN, TRACY 308197 07/19/2021 AVA, EMMA CXL 100‐41‐3634 80.00 Vendor CRONIN, TRACY Total: 80.00 Vendor: DALEIDEN, CATHERINE  DALEIDEN, CATHERINE 310242 07/19/2021 JR LIFEG CXL 100‐41‐3637 56.00 Vendor DALEIDEN, CATHERINE Total: 56.00 Vendor: EBY GRAPHICS INC  EBY GRAPHICS INC 8058 07/19/2021 PARKING DECALS 100‐01‐6110 69.32 Vendor EBY GRAPHICS INC Total:   69.32 Vendor: EDER CASELLA & CO  EDER CASELLA & CO 41779 07/19/2021 PROGRESS BILL FOR 4‐30‐21 230‐00‐5110 28,000.00 Vendor EDER CASELLA & CO Total:   28,000.00 Vendor: FOX VALLEY FIRE & SAFETY  FOX VALLEY FIRE & SAFETY IN00445206 07/19/2021 MUN RADIO MAINT 225‐00‐5110 1,397.50 Vendor FOX VALLEY FIRE & SAFETY Total:   1,397.50 Vendor: GALLS LLC  GALLS LLC 018671220 07/19/2021 M JOSEPH UNIF FY 20‐21 100‐23‐4510 46.11 Vendor GALLS LLC Total:   46.11 Vendor: HETTERMANN, JOEDEE  HETTERMANN, JOEDEE 309022 07/19/2021 CXL 100‐41‐3637 10.00 Vendor HETTERMANN, JOEDEE Total:   10.00 7/14/2021 3:00:52 PM 66 Expense Approval Register Packet: APPKT02151 ‐ 7‐19‐21 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: HLR  HLR 20211105 07/19/2021 MCH BV ROAD RESURF PH II 270‐00‐8600 805.00 HLR 20211106 07/19/2021 DARTMOOR DR RESURF PH II 270‐00‐8600 10,802.50 Vendor HLR Total: 11,607.50 Vendor: HRGREEN  HRGREEN 141320 07/19/2021 CENTRAL WWTP 510‐32‐8500 15,120.25 HRGREEN 142130 07/19/2021 CENTRAL WWTP DEMO 510‐32‐8500 10,735.00 HRGREEN 142648 07/19/2021 GREEN ST PRELIM 270‐00‐8600 2,410.50 HRGREEN 142740 07/19/2021 CENTRAL WWTP DEMO  510‐32‐8500 15,599.25 HRGREEN 143554 07/19/2021 CENTRAL WWTP DEMO 510‐32‐8500 16,205.00 Vendor HRGREEN Total:   60,070.00 Vendor: HYSLIP, JEFFREY  HYSLIP, JEFFREY 309023 07/19/2021 CXL 100‐41‐3637 25.00 Vendor HYSLIP, JEFFREY Total:   25.00 Vendor: JH EVENTS AND FLOWERS, INC  JH EVENTS AND FLOWERS, INC    3409 07/19/2021 FLORAL ARRANG B GILPIN 100‐01‐6940 56.00 Vendor JH EVENTS AND FLOWERS, INC Total: 56.00 Vendor: LEXISNEXIS  LEXISNEXIS 1236684‐20210630 07/19/2021 MTHLY SEARCHES 100‐22‐5110 119.50 Vendor LEXISNEXIS Total: 119.50 Vendor: LIFEGUARD STORE INC, THE  LIFEGUARD STORE INC, THE INV1085184 07/19/2021 ANCHOR FOR STARTING BLOCK    100‐42‐6110 1,414.00 Vendor LIFEGUARD STORE INC, THE Total:   1,414.00 Vendor: MCHENRY COUNTY RECORDER OF DEEDS  MCHENRY COUNTY RECORDER    INV0011765 07/19/2021 JUNE REC FEES 510‐31‐6940 129.00 MCHENRY COUNTY RECORDER  INV0011765 07/19/2021 JUNE REC FEES 510‐32‐6940 215.00 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total:   344.00 Vendor: MCHENRY TOWNSHIP FIRE PROTECTION DIST  MCHENRY TOWNSHIP FIRE INV0011766 07/19/2021 FY20/21 ALARM BOARD 225‐00‐5110 54,299.38 Vendor MCHENRY TOWNSHIP FIRE PROTECTION DIST Total:   54,299.38 Vendor: MCMRMA  MCMRMA 2021‐MCH‐01 07/19/2021 INSTALL 1 20//21 MCMRMA 610‐00‐5950 427,757.00 Vendor MCMRMA Total: 427,757.00 Vendor: MENARD CONSULTING INC  MENARD CONSULTING INC 1992 07/19/2021 GASB 75 ACTUARIAL 230‐00‐5110 1,500.00 Vendor MENARD CONSULTING INC Total: 1,500.00 Vendor: MUNICIPAL COLLECTION SERVICES INC  MUNICIPAL COLLECTION 019549 07/19/2021 COLL FEES 100‐04‐5110 97.48 MUNICIPAL COLLECTION 019550 07/19/2021 COLL FEES 100‐04‐5110 755.89 Vendor MUNICIPAL COLLECTION SERVICES INC Total: 853.37 Vendor: NAPA AUTO PARTS MPEC  NAPA AUTO PARTS MPEC 1370 7‐10‐21 07/19/2021 MTHLY 100‐03‐5370 12.28 NAPA AUTO PARTS MPEC 1370 7‐10‐21 07/19/2021 MTHLY 100‐22‐5370 833.59 NAPA AUTO PARTS MPEC 1370 7‐10‐21 07/19/2021 MTHLY 100‐22‐6250 347.40 NAPA AUTO PARTS MPEC 1370 7‐10‐21 07/19/2021 MTHLY 100‐33‐5370 2,128.24 NAPA AUTO PARTS MPEC 1370 7‐10‐21 07/19/2021 MTHLY 100‐45‐5370 20.58 NAPA AUTO PARTS MPEC INV0011767 07/19/2021 MTHLY 510‐31‐5370 29.16 NAPA AUTO PARTS MPEC INV0011767 07/19/2021 MTHLY 510‐32‐5370 317.54 NAPA AUTO PARTS MPEC INV0011767 07/19/2021 MTHLY 510‐32‐5380 379.08 NAPA AUTO PARTS MPEC INV0011767 07/19/2021 MTHLY 510‐35‐5370 953.15 Vendor NAPA AUTO PARTS MPEC Total:   5,021.02 Vendor: PITNEY BOWES INC  PITNEY BOWES INC 1018296046 07/19/2021 POSTAGE METER CHARGE 100‐01‐5310 261.00 Vendor PITNEY BOWES INC Total: 261.00 7/14/2021 3:00:52 PM 67 Expense Approval Register Packet: APPKT02151 ‐ 7‐19‐21 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: PUCHALSKI GOODLOE MARZULLO LLP  PUCHALSKI GOODLOE 0011974 07/19/2021 LGL SVS 760‐00‐5110 1,937.57 Vendor PUCHALSKI GOODLOE MARZULLO LLP Total:   1,937.57 Vendor: PUGH, ANN  PUGH, ANN 310251 07/19/2021 PGM CXL 100‐41‐3637 68.00 Vendor PUGH, ANN Total:   68.00 Vendor: PURCHASE POWER  PURCHASE POWER 6‐22‐21 07/19/2021 POSTAGE FOR METER 100‐01‐5310 29.37 PURCHASE POWER 6‐22‐21 07/19/2021 POSTAGE FOR METER 100‐02‐5310 0.51 PURCHASE POWER 6‐22‐21 07/19/2021 POSTAGE FOR METER 100‐03‐5310 56.35 PURCHASE POWER 6‐22‐21 07/19/2021 POSTAGE FOR METER 100‐04‐5310 924.12 PURCHASE POWER 6‐22‐21 07/19/2021 POSTAGE FOR METER 100‐22‐5310 348.37 PURCHASE POWER 6‐22‐21 07/19/2021 POSTAGE FOR METER 100‐30‐5310 13.48 PURCHASE POWER 6‐22‐21 07/19/2021 POSTAGE FOR METER 100‐41‐5310 24.14 PURCHASE POWER INV0011768 07/19/2021 POSTAGE FOR METER 510‐31‐5310 9.47 PURCHASE POWER INV0011768 07/19/2021 POSTAGE FOR METER 510‐32‐5310 8.05 Vendor PURCHASE POWER Total: 1,413.86 Vendor: RIBAR, KIM  RIBAR, KIM 311280 07/19/2021 BBALL CXL 100‐41‐3637 65.00 Vendor RIBAR, KIM Total:   65.00 Vendor: ROBINSON ENGINEERING LTD  ROBINSON ENGINEERING LTD    21060106 07/19/2021 MCH RIVERWALK SWEWR REL    510‐32‐8500 2,777.00 Vendor ROBINSON ENGINEERING LTD Total:   2,777.00 Vendor: ROBINSON, STEVEN  ROBINSON, STEVEN INV0011769 07/19/2021 MMAC SWIM MEET OFFICIAL 100‐42‐5110 225.00 Vendor ROBINSON, STEVEN Total:   225.00 Vendor: SERPE, SAMUEL ROBERT  SERPE, SAMUEL ROBERT 7‐1‐2021 07/19/2021 WATER POLO  100‐42‐5110 291.00 Vendor SERPE, SAMUEL ROBERT Total: 291.00 Vendor: SHAW MEDIA  SHAW MEDIA 10474 6/30/21 07/19/2021 COMM DEV PUBL 100‐03‐5330 616.58 Vendor SHAW MEDIA Total:   616.58 Vendor: SYNCB/AMAZON  SYNCB/AMAZON 9123 STMT 6/1021 07/19/2021 MTHLY 100‐22‐6210 596.70 Vendor SYNCB/AMAZON Total:   596.70 Vendor: WINNEBAGO LANDFILL CO  WINNEBAGO LANDFILL CO 8090 07/19/2021 SLUDGE  510‐32‐5580 7,960.40 Vendor WINNEBAGO LANDFILL CO Total:   7,960.40 Grand Total:   638,664.31 7/14/2021 3:00:52 PM 68 Expense Approval Register Packet: APPKT02151 ‐ 7‐19‐21 AP CKS Fund Summary  Fund Expense Amount   100 ‐ GENERAL FUND 34,088.79  225 ‐ ALARM BOARD FUND 55,696.88   230 ‐ AUDIT EXPENSE FUND 29,500.00   270 ‐ MOTOR FUEL TAX FUND 16,732.51   290 ‐ TIF FUND 650.01  510 ‐ WATER/SEWER FUND 72,301.55  610 ‐ RISK MANAGEMENT FUND 427,757.00   760 ‐ POLICE PENSION FUND 1,937.57   Grand Total:   638,664.31   69 AS NEEDED CHECKS COUNCIL MEETING 7-19-2021 ACE HARDWARE, MCHENRY 06/04/2021 100-01-8200 6.46 ACE HARDWARE, MCHENRY 06/04/2021 100-03-6110 51.28 ACE HARDWARE, MCHENRY 06/04/2021 100-22-5370 82.21 ACE HARDWARE, MCHENRY 06/04/2021 100-33-5370 44.90 ACE HARDWARE, MCHENRY 06/04/2021 100-33-6110 201.51 ACE HARDWARE, MCHENRY 06/04/2021 100-42-6110 1553.54 ACE HARDWARE, MCHENRY 06/04/2021 100-44-6110 68.96 ACE HARDWARE, MCHENRY 06/04/2021 100-45-6110 119.13 ACE HARDWARE, MCHENRY 06/04/2021 510-31-6110 203.19 ACE HARDWARE, MCHENRY 06/04/2021 510-32-5375 200.29 ACE HARDWARE, MCHENRY 06/04/2021 510-32-6110 432.95 ACE HARDWARE, MCHENRY 06/04/2021 510-35-6110 65.09 ILLINOIS DEPT OF AGRICULTURE 06/04/2021 100-45-5110 90.00 MCHENRY COUNTY COLLECTOR 06/04/2021 100-01-5110 7.43 MCHENRY COUNTY COLLECTOR 06/04/2021 100-01-5110 7.43 MCHENRY COUNTY COLLECTOR 06/04/2021 280-41-6940 269.87 MCHENRY COUNTY COLLECTOR 06/04/2021 280-41-6940 3609.55 MCHENRY COUNTY COLLECTOR 06/04/2021 280-41-6940 1098.89 MCHENRY COUNTY COLLECTOR 06/04/2021 280-41-6940 31.25 MCHENRY COUNTY COLLECTOR 06/04/2021 590-00-6940 377.83 MCHENRY COUNTY COLLECTOR 06/04/2021 590-00-6940 12465.40 ZUKOWSKI ROGERS FLOOD & MCARDLE 06/04/2021 100-01-5230 4486.25 ZUKOWSKI ROGERS FLOOD & MCARDLE 06/04/2021 100-01-5230 462.50 JUST 4 YOU TREATS 06/07/2021 100-46-4114 700.00 MCHENRY COUNTY CONVENTION & 04/30/2021 200-00-5110 12000.00 SOUTHWEST AQUATIC TEAM 06/07/2021 100-47-5110 124.00 BANKCARD PROCESSING CENTER 06/17/2021 100-01-6940 95.77 BANKCARD PROCESSING CENTER 06/17/2021 100-01-6940 16.47 BANKCARD PROCESSING CENTER 06/17/2021 100-06-5110 420.00 BANKCARD PROCESSING CENTER 06/17/2021 100-06-5430 28.00 BANKCARD PROCESSING CENTER 06/17/2021 100-06-5430 110.00 BANKCARD PROCESSING CENTER 06/17/2021 100-22-5420 94.92 BANKCARD PROCESSING CENTER 06/17/2021 100-22-5430 250.00 BANKCARD PROCESSING CENTER 06/17/2021 100-22-6210 145.30 BANKCARD PROCESSING CENTER 06/17/2021 400-00-5321 324.98 BANKCARD PROCESSING CENTER 06/17/2021 400-40-5110 529.00 BANKCARD PROCESSING CENTER 06/17/2021 620-00-6270 149.52 BANKCARD PROCESSING CENTER 04/30/2021 100-01-8200 86.58 COMED 06/17/2021 510-32-5510 3807.84 COMED 06/17/2021 510-32-5510 102.80 COMED 06/17/2021 100-01-5110 2636.36 COMED 06/17/2021 100-33-5520 56.79 COMED 06/17/2021 100-45-5510 21.80 CONSTELLATION NEWENERGY INC 06/17/2021 100-33-5520 19.26 CONSTELLATION NEWENERGY INC 06/17/2021 100-44-5510 24.71 FIRST BANKCARD 06/17/2021 100-22-5420 503.60 FIRST BANKCARD 06/17/2021 100-22-5430 250.00 FIRST BANKCARD 06/17/2021 100-30-6210 28.07 FIRST BANKCARD 06/17/2021 100-33-6210 28.07 FIRST BANKCARD 06/17/2021 100-41-5330 60.29 FIRST BANKCARD 06/17/2021 100-41-5430 595.00 FIRST BANKCARD 06/17/2021 100-42-5110 198.00 FIRST BANKCARD 06/17/2021 100-42-5430 32.00 FIRST BANKCARD 06/17/2021 100-42-6110 66.29 FIRST BANKCARD 06/17/2021 100-44-5430 30.00 FIRST BANKCARD 06/17/2021 100-44-6110 47.00 70 FIRST BANKCARD 06/17/2021 100-45-5430 150.00 FIRST BANKCARD 06/17/2021 100-46-6110 868.53 FIRST BANKCARD 06/17/2021 100-47-5430 387.00 FIRST BANKCARD 06/17/2021 100-47-6110 1384.99 FIRST BANKCARD 06/17/2021 400-00-5430 192.00 FIRST BANKCARD 06/17/2021 510-31-6210 28.07 FIRST BANKCARD 06/17/2021 510-32-5430 350.00 FIRST BANKCARD 06/17/2021 510-32-6210 28.07 FIRST BANKCARD 06/17/2021 510-35-5430 300.00 GRAINGER 06/17/2021 510-32-6110 187.30 LAKE COUNTY CLERK 06/17/2021 100-01-6940 10.00 MCHENRY COUNTY CLERK 06/17/2021 100-01-6940 10.00 METROPOLITAN MAYORS CAUCUS 06/17/2021 100-01-5410 1214.64 PATYK FARMS 06/17/2021 100-45-6110 880.50 PEAK PAINTING 06/17/2021 100-41-5110 2000.00 RED WING BUSINESS ADVANTAGE 04/30/2021 510-35-4510 228.79 RED WING BUSINESS ADVANTAGE 04/30/2021 510-35-4510 179.99 RED WING BUSINESS ADVANTAGE 04/30/2021 510-35-4510 211.19 RED WING BUSINESS ADVANTAGE 04/30/2021 100-33-4510 170.99 SAM'S CLUB 06/17/2021 100-44-6110 1700.39 SAM'S CLUB 06/17/2021 400-00-6110 29.66 STAPLES BUSINESS CREDIT 06/17/2021 100-01-6940 84.77 STAPLES BUSINESS CREDIT 06/17/2021 100-04-6210 151.99 STAPLES BUSINESS CREDIT 06/17/2021 100-33-6210 50.05 STAPLES BUSINESS CREDIT 06/17/2021 100-47-6110 110.29 STAPLES BUSINESS CREDIT 06/17/2021 510-31-6110 604.80 USA BLUEBOOK 04/30/2021 510-35-6110 116.40 ADVANCED AUTOMATION AND CONTROLS I04/30/2021 510-32-5110 630.00 ALPINE DEMOLITION SERVICES 06/25/2021 510-32-8500 251707.78 AT&T 04/30/2021 620-00-5110 1498.28 AT&T 04/30/2021 620-00-5320 1134.58 BAKER & SON CO, PETER 06/25/2021 100-33-8600 200000.00 BAKER & SON CO, PETER 06/25/2021 275-00-8600 500000.00 BAKER & SON CO, PETER 06/25/2021 270-00-8600 311574.47 BEACON ATHLETICS 06/25/2021 100-42-6110 288.00 BENCE, JENNIFER 06/25/2021 100-46-5110 70.00 CABAY & COMPANY INC 06/25/2021 400-00-6111 514.53 CABAY & COMPANY INC 06/25/2021 400-00-6111 337.14 CABAY & COMPANY INC 06/25/2021 400-00-6111 328.79 CABAY & COMPANY INC 06/25/2021 100-01-6110 19.86 CABAY & COMPANY INC 06/25/2021 400-00-6111 431.03 CAREY ELECTRIC 06/25/2021 100-45-5110 841.00 CITY ELECTRIC SUPPLY 06/25/2021 620-00-6110 61.95 DIRECT FITNESS SOLUTIONS 04/30/2021 400-40-6142 129.30 EBY GRAPHICS INC 06/25/2021 100-01-8200 1653.74 ELECTRIC TIME 06/25/2021 100-45-6110 4141.00 ELECTRONIC ENTRY SYSTEMS INC 06/25/2021 100-41-6110 696.00 FISHER SCIENTIFIC CO LLC 06/25/2021 510-32-6110 1603.71 FOX VALLEY FIRE & SAFETY 06/25/2021 400-00-5110 275.00 FOX VALLEY FIRE & SAFETY 06/25/2021 400-00-5110 300.00 FOXCROFT MEADOWS INC 06/25/2021 100-33-6110 843.00 FOXCROFT MEADOWS INC 06/25/2021 100-33-6110 65.00 GRAHAM ENTERPRISE INC 06/25/2021 100-04-6945 21040.62 GRAINGER 04/30/2021 510-32-5375 23.92 HANSEN'S ALIGNMENT, DON 06/25/2021 100-22-5370 90.00 HAWKINS INC 06/25/2021 510-32-6110 7736.78 HOT SHOTS SPORTS 06/25/2021 100-47-5110 1008.00 HRGREEN 04/30/2021 100-01-5110 2800.00 71 JG UNIFORMS INC 06/25/2021 100-22-6110 130.00 JIMS MCHENRY AUTO BODY 06/25/2021 100-22-5370 649.18 JUST ELEVATOR INSPECTION SERVICE, INC06/25/2021 100-03-5120 125.00 LIFEGUARD STORE INC, THE 06/25/2021 100-42-4510 1026.25 LIFEGUARD STORE INC, THE 06/25/2021 100-42-6110 405.01 LIFEGUARD STORE INC, THE 06/25/2021 100-43-6110 569.88 LIFEGUARD STORE INC, THE 06/25/2021 100-47-6110 125.00 LIFEGUARD STORE INC, THE 06/25/2021 100-47-6110 722.00 LINCOLN AQUATICS 06/25/2021 100-42-6110 5517.19 MACON COUNTY LAW ENFORCEMENT TR C 06/25/2021 100-22-5430 13917.40 MCHENRY COUNTY COUNCIL OF GOVERNM06/25/2021 100-01-5410 7927.00 MCHENRY HEATING & AIR INC 06/25/2021 400-00-5375 1048.00 MCHENRY SPECIALTIES 04/30/2021 100-02-6110 70.00 MIAT 06/25/2021 100-22-5110 1000.00 MIDWEST HOSE AND FITTINGS INC 04/30/2021 510-35-6110 43.86 MINUTEMAN PRESS OF MCH 04/30/2021 100-02-5330 46.25 MODERN FLOORING 06/25/2021 100-01-8200 5116.95 MOTOROLA 06/25/2021 100-22-5320 2453.00 MOTOROLA SOLUTIONS - STARCOM21 NETW06/25/2021 100-22-6110 85.92 MOTOROLA SOLUTIONS CREDIT COMPANY 06/25/2021 100-22-5110 51044.47 MULCH CENTER, THE 06/25/2021 100-45-6110 792.00 NAC SUPPLY, INC 04/30/2021 100-33-6270 88.25 NEW AGE CRYO 06/25/2021 100-45-5110 8675.00 NEW FINISH 06/25/2021 290-00-8900 55275.00 NORTHEASTERN IL REGIONAL CRIME LAB 06/25/2021 100-22-5110 41059.00 NORTHWEST ELECTRICAL SUPPLY CO INC 06/25/2021 280-41-8800 12979.88 NORTHWEST ELECTRICAL SUPPLY CO INC 06/25/2021 280-41-8800 13020.00 NORTHWEST HERALD 06/25/2021 100-41-5450 385.80 PETROCHOICE LLC 06/25/2021 100-22-6250 1913.27 PORTER CORP 06/25/2021 280-41-8800 45497.60 PURICH, CHRISTINE 06/25/2021 100-46-5110 500.00 RCJUGGLES 06/25/2021 100-46-5110 675.00 SAFE KIDS WORLDWIDE 04/30/2021 100-22-5430 95.00 SEMROW JR, HARRY H 06/25/2021 100-01-5230 812.50 STARVED ROCK LODGE & CONFERENCE CE06/25/2021 100-46-5110 275.00 UPS 06/25/2021 100-01-5310 8.49 UPS 06/25/2021 100-22-5310 7.76 UPS 06/25/2021 100-41-5310 7.76 US BANK EQUIPMENT FINANCE 06/25/2021 620-00-5110 658.42 VERIZON WIRELESS 06/25/2021 620-00-5320 519.73 VILLAGE OF PLEASANT PRAIRIE - RECPLEX 06/25/2021 100-47-5110 87.00 WINNEBAGO LANDFILL CO 06/25/2021 510-32-5580 9300.40 ZUKOWSKI ROGERS FLOOD & MCARDLE 06/25/2021 100-01-5230 7122.50 ZUKOWSKI ROGERS FLOOD & MCARDLE 06/25/2021 100-01-5230 7528.44 ZUKOWSKI ROGERS FLOOD & MCARDLE 06/25/2021 100-01-5230 942.50 TOTAL:1673240.88 72 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2173 www.ci.mchenry.il.us REGU LAR AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: July 19, 2021 Regular City Council Meeting RE: Economic Incentive Agreement between Advance Rea l Estate Management LLC and the City of McHenry ATT: 1.Ordinance authorizing the Mayor’s execution of an Economic Incentive Agreement between Advance Real Estate Management LLC and the City of McHenry 2.Economic Incentive Agreement between Advance Real Estate Management LLC and the City of Mc Henry AGENDA SUPPLEMENT SUMMARY: Attached is an Economic Incentive Agreement between Advance Real Estate Management LLC and the City of McHenry. Advance Real Estate Management LLC is the owner/management company of the current shopping center that is home to Kohl ’s, Aldi, Michaels, etc. The purpose of this agenda item and agreement is to provide assistance in completing substantial improvements to the center (including the parking lot) which, in turn, will assist in the ability to attract and retain te nants of the center. As additional information, currently, Five Below and Ulta are seeking to rel ocate and this agreement will assist in ensuring that they rema in in McHenry. Approval of this agr eement would assist in their relocation to this center , resulting in the fill ing of currently vacant space and ensuring that the center remains vibrant. Staff is proposing a sales tax rebate over a 20-year term to assist in improvements. ANALYSIS: The sales tax rebate would consist of a $75,000 annual rebate in addition to a n annual rebate of 50% over the 2020 base sales tax from the center, which was $195,744.78. This does not include Kohl’s. The maximum rebate is capped at $1,500,000. These payments would go to the landlord of the center. 73 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2173 www.ci.mchenry.il.us The City C ouncil adopted an Economic Development Strategy in 2011. Below is the evaluation criteria set forth by which requests, such as sales tax rebates, should be evaluated in that policy. Evaluation Criteria Each request shall be generally evaluated based upon the following criteria. 1. Consistency with the City’s Economic Development Plan and Economic Development Strategy. 2. Revenue benefit to the City. 3. Level of circumstances with the property characteristics that create challenges or practical difficultie s regarding the development of the site. 4. Number and quality of jobs produced. 5. Strong public benefit to the City. 6. The ability of the development to spur additional economic development in the area. 7. The impact of a proposed development on the exi sting businesses within the City. 8. Level of applicant’s creditworthiness and financial strength. 9. Level of compliance with approved design guidelines and development standards. Rebates should be considered very closely and on a case-by-case basis which has been the policy of the City Council. Staff believes the proposed agreement is justified due to the extraordinary circumstances surrounding the proposed relocation. The tena nt buildouts are costly. Additionally, this will bring more traffic to the center and make the center more vibrant. RECOMMENDATION: If the City Council concurs, it is recommended the attached ordinance authorizing the Mayor’s execution of the Economic Incentive Agreemen t between Advance Real Estate Management LLC and the City of McHenry be approved. 74 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. 21- AN ORDINANCE AUTHORIZING THE MAYOR’S EXECUTION OF AN ECONOMIC INCENTIVE AND DEVELOPMENT AGREEMENT BETWEEN ADVANCE REAL ESTATE MANAGEMENT LLC AND THE CITY OF MCHENRY WHEREAS, the City of McHenry, McHenry County, Il linois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: The Economic Incentive Agreement, bear ing the date of July 19, 2021 between Advance Real Estate Ma nagement LLC and the City of McHenry is attached to this ordinance and incorporated herein by reference as Exhibit “A”. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their si gnatures as Mayor and City Clerk to said Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and und er the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2021 AYES: NAYS: 75 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2173 www.ci.mchenry.il.us ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2021 MAYOR ATTEST: CITY CLERK 76 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Economic Incentive Agreement between Advance Real Estate Management LLC and the City of McHenry 77 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-21 28 www.cityofmchenry.org Economic Incentive Agreement Between Advance Real Estate Management LLC and the City of McHenry This Economic Incentive Agreement (“Agreement ”) is made and entered into on July _____, 2021 (“Effective Date”), by and between the City of McHenry, 333 S. Green Street, McHenry County, Illinois, an Illinois home rule municipality (“City ”) and Advance Real Estate Management, LLC, an Illinois limited liability company, and any assigns (“Owner”). Recitals A.The property which is the subject of this Agreement consists of 11.38 acres, more or less, and is located on the east side of Richmond Road and north of Blake Boulevard (“Subject Property ”), and consists of the following associated PINS: 09-23-452-004 and 09-23-452-003 and legally described on attached Exhibit A. B.The City is a home rule municipality and as such has the authority, pursuant to Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, to adopt ordinances and to promulgate rules and regulations that pertain to its government and a ffairs. C.In recognition of the importance to sustaining a high quality of life for businesses and residents it is the City’s desire to facilitate a successful business environment and assist in enhancing the long -term viability of existing and proposed businesses. D.It is essential to the economic and social welfare of the City that it promotes the economic vitality of the community by assuring opportunities for development and redevelopment and sound and stable commercial growth within the corporate limits of the City. E.In order to make it economically feasible for the Owner to agree to successfully attract Five Below and another national retail tenant to locate at the Subject Property (the “Tenants”), pursuant to the terms of this Agreement, the City desires to share with the Owner a portion of the Base Sales Taxes, as well as a portion of the Base Sales Tax es in excess of the Sales Tax Revenue Baseline, generated by the Owner at the Subject Property, not to exceed the Maximum City Obligation of $1,500,000 over the Term of this Agreement which amount will reimburse the Owner for certain expenses incurred by Owner i n improving the Subject Property. F.Pursuant to 65 ILCS 5/8-11-20, the City has made the following findings with respect to the “Construction Improvements” as defined herein: 78 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2128 www.cityofmchenry.org 2 i.That the buildings currently on the Subject Property have remained less than significantly unoccupied or underutilized for a period of at least one year; ii.That the Construction Improvements are expected to create or retain job opportunities within the City; iii.That the Construction Improvements will serve to further the development of areas adjacent to the Subject Property; iv.That without this Agreement, the Construction Improvements would not be possible; v.That the Owner meets high standards of creditworthiness and financial strength as required by the Illinois Municipal Code specifically that the Owner has equity financing for not less than 10% of the costs of the Construction Improvements; vi.That the Construction Improvements will strengthen the commercial sector of the City; vii.That the Construction Improvements will enhance the tax base of the City; and viii.That the Agreement is made in the best interest of the City. G.Definitions. The following definitions shall apply to terms used in this Agreement: “Base Sales Taxes” means, for any given year during the Term of this Agreement, the retailers occupation taxes and service occupation taxes generated solely from the Subject Property and received by the City from the State of Illinois pursuant to the Service Tax Act (35 ILCS 115/1 et seq.), the Retailers Occupation Tax Act (35 ILCS 120/1 et seq.), the State Finance Act (30 ILCS 105/6z-18) (as amended), and any taxes that are enacted and imposed as replacements theret o. “Maximum City Payment Obligation” means an amount equal to $1,500,000 on or before the conclusion of the Term of the Agreement. “Sales Tax Incentive Payment” means (a) $75,000 from the Base Sales Taxes generated from the Subject Property and received by the City payable from and after the Completion Date during each calendar year during the Term (as defined below) (the “Fixed Payment Portion ”) and, in addition, (b) 50% of the amount of the Base Sales Taxes in excess of the Sales Tax Revenue Baseline received by the 79 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2128 www.cityofmchenry.org 3 City and generated from the Subject Property from and after the Completion Date for each calendar year during the Term of this Agreement (the “Variable Payment Portion ”); provided that the Fixed Payment Portion and the Sales Tax Revenue Baseline used to calculate the Variable Payment Portion shall be prorated for any partial year during the first year following the Effective Date (which proration will be as of the Completion Date) and during any final partial year of the Term as it relates to the Sales Tax Incentive Payment. “Event of Default” means a default under this Agreement. “Gross Receipts” means as defined in the Retailer’s Occupation Tax Act (35 ILCS 120/1 et seq.). “IDOR” means the Illinois Department of Revenue. “Sales Tax Incentive Year” means the preceding twelve-months of the calendar year. “Sales Tax Revenue Baseline” means One Hundred Ninety Five Thousand Seven Hundred Forty Four and 78/100 Dollars ($195,744.78) which the parties acknowledge and agree equals the retailers occupation taxes and service occupation taxes received by the City, generated solely from the Subject Property and by the Owner during the calendar year 2020, from the State of Illinois pursuant to the Service Tax Act (35 ILCS 115/1 et seq.), the Retailers Occupation Tax Act (35 ILCS 120/1 et seq.), the State Finance Act (30 ILCS 105/6z -18) (as amended), and any taxes that are enacted and imposed as replacements thereto for. “Term” has the meaning set forth in Section 12, below. H.The parties agree that the Base Sales Tax es being shared hereunder shall only be from those Base Sales Taxes generated in the future from the Subject Property after the Completion Date relative to the $75,000 payment described herein, and with respect to the remainder of the Sales Tax Incentive Payment, 50% of the Base Sales Taxes from the Subject Property after the Completion Date in excess of the Sales Tax Revenue Baseline received by the City which shall not exceed the Maximum City Obligation. 80 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2128 www.cityofmchenry.org 4 Now therefore, in consideration of the promises and agreements made herein, the adequacy and sufficiency of which is acknowledged by the parties hereto, it is agreed as follows: 1.Authority . This Agreement is made and entered into pursuant to 65 ILCS 5/8-11- 20. 2.Construction Improvements. The Owner agrees that it will (a) promptly direct its architect to prepare permit drawing and, promptly following completion, submit an application to the City to construct the Construction Improvements and (b) complete the Construction Improvements no later than twenty six (26) weeks following receipt of all required permits from the City. Time is of the essence. The Owner will complete the Construction Improvements on the Subject Property referenced on the attached Exhibit C . The “Construction Improvements” consist of , and are limited to, the i mprovements set forth in Exhibit C and those improvements contemplated in paragraph 3 below. The completion of the Construction Improvements referenced herein shall be done solely at the Owner’s expense subject to reimbursement for such expenses pursuant to this Agreement and all Construction Improvements shall be constructed in a good and workmanlike manner in accordance with all applicable codes, ordinances, rules and regulations of the City. As an added incentive for Owner to complete the aforementioned improvements, the City shall waive all permit fees applicable to such improvements . The date of completion of the Construction Improvements is referred to herein as the “Completion Date.” 3.Parking Lot. The Owner agrees, as part of the Construction Improvements, that it will perform the necessary parking lot re pairs and will seal coat and re stripe the portion of the parking lot owned and maintained by Owner. A site plan indicating those areas of repairs to the parking lot is attached as Exhibit B. Owner shall complete these improvements described in this paragraph no later than December 31, 2021. Time is of the essence. 4.Agreement to Pay. The City agrees to pay the Sales Tax Incentive Payment to the Owner for reimbursement of costs incurred by the Owner for completing the C onstruction Improvements at the Subject Property on the terms and conditions herein. The total amounts paid to the Owner pursuant to this Agreement shall not exceed $1,500,000 in the aggregate over the Term of this Agreement. The Sales Tax Incentive Payment shall be paid on a n annual basis beginning on the Completion Date and thereafter during the Term as follows: (a) the Fixed Payment Portion, plus (b) the Variable Payment Portion attributable to the period beginning on January 1st through and including December 31st of each year during the Term shall (in the case of both (a) and (b)) be paid on or before January 31st of the following year (with any initial year or final year Fixed Payment Portion and the Sales Tax Revenue Baseline used to calculate the 81 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2128 www.cityofmchenry.org 5 Variable Payment Portion prorated as appropriate as of the Completion Date). Each payment by the City shall be accompanied by documentation from the City's Director of Finance setting forth the determination and calculation of such payment – in a clear, understandable manner . 5.Evidence of Equipment, Material Cost and/or Labor Expenditure. The Owner acknowledges that, prior to any distribution of the Sales Tax Incentive Payment, the Owner shall provide the City evidence of the expenditures for which reimbursement is being sought which consist of an industry-standard sworn statement identifying the tr ades, company names and contract values, all related invoices and other documentation reasonably requested by the City evidencing the labor and material paid for by the Owner for the Construction Improvements. 6.Limitation of City Responsibilities. Other than the Sales Tax Incentive Payment agreed to be made pursuant to this Agreement, the City shall have no obligation to incur any expenses or share any revenue associated with the Owner . 7.Reporting . The City will comply with any reporting requirements imposed by Illinois law, including the City reporting and filing this Agreement with the IDOR within thirty (30) days following the full execution and delivery of this Agreement. 8.Confidentiality of Financial Information . To the extent permitted by law, the City shall endeavor to maintain the confidentiality of the information contained in any financial reports submitted by the Owner , the Sales Tax information received by the City, but shall be permitted to disclose such informati on and documents to employees and consultants of the City as the City in its sole discretion, deems appropriate in order to monitor compliance and audit this Agreement. The Owner understands and agrees that the provisions of this Agreement and any and all payments to the Owner pursuant to this Agreement are public records. The Owner also agrees to execute any consent form requested by the City and furnish such additional consent, or waivers as may be required by the IDOR to allow the IDOR to furnish to t he City Sales Tax Information transacted by the Owner at the Subject Property. The City agrees to utilize Sales Tax Information obtained by it pursuant to the terms of this Agreement solely for the purpose of effectuating the provisions of this Agreement. To the extent permitted by the Illinois Freedom of Information Act and any other relevant laws, the City shall endeavor to keep such information confidential. The foregoing, however, shall not preclude the City from disclosing such information to the extent it is mandated to do so by court order or to the extent it makes a good faith determination such disclosure is required by law. 82 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2128 www.cityofmchenry.org 6 9.Condition to Payment . Both of (a) the timely completion of the Construction Improvements within the twenty six week interval set forth in paragraph 2, herein, and (b) the receipt of the Base Sales Taxes after the Effective Date received by the City sufficient to pay to the Owner the Fixed Payment Por tion and the receipt of the Base Sales Tax es in excess of the Sales Tax Revenue Baseline generated from the Subject Property and received by the City, sufficient to pay the Variable Payment Portion owed to the Owner as provided earlier in this Agreement, shall be conditions precedent to any obligation of the City to make the Sales Tax Incentive Payments to the Owner . Time is of the essence. 10.Prevailing Wage. The parties acknowledge and agree that Illinois law does not currently require the prevailing rate of wages as prescribed under 820 ILCS 130/0.01 et seq. (the “Prevailing Wage Act”) to be paid by the Owner for the Construction Improvements. However in the event that, prior to the Completion Date, Illinois law is subsequently change d to require that construction projects financed in whole or in part by sales tax rebates are covered by the Prevailing Wage Act, then if, and to the extent, any payments are required by law to be made as a result of such change with respect to the Construction Improvements, the Owner agrees to make such payments and indemnify the City from any claims relating to the lack of the prevailing rate of wages being paid for any or all of the Unbid Construction Improvements. 11.No Interest; Limited Obligations. No interest shall be due on the obligations set forth in this Agreement. The Owner acknowledges that: (a) the City’s payment obligation under this Agreement to Owner is a limited obligation of the City payable solely out of the Base Sales Taxes, generated from the Subject Property and received by the City after the Completion Date with respect to the Fixed Payment Portion, and as to the Variable Payment Portion, solely from Base Sales Taxes in excess of the Sales Tax Revenue Baseline that the City receives from the IDOR which are attributable to the sales tax generated from the Subject Property after the Completion Date; (b) the City’s payment obligation shall not be construed as general obligation of the City; and (c) the Owner bears all r isk of reduction in Base Sales Tax resulting from the permanent or temporary closure of the Owner’s business operation at the Subject Property or from any tenant closure. Notwithstanding the foregoing, the City shall continue to request the necessary information and use commercially reasonable efforts to secure the amounts owed to it by the State of Illinois in order to satisfy its payment obligations under this Agreement. 12.Term. This Agreement shall be in full force and effect for a Term commencing on the Effective Date of this Agreement and ending on the earlie st to occur of any of the following (such period, the “Term”): (a) the City’s payment to the Owner of the Maximum City Obligation pursuant to this Agreement, (b) January 1st of the year following the 20th anniversary of the Completion Date; or (c) the failure by Owner to complete the Construction Improvements in 83 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2128 www.cityofmchenry.org 7 accordance with the timeframes in this Agreement and pay for the Construction Improvements on the Subject Property. Time is of the essence. 13.Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the Parties. Any notices required or contemplated by this Agreement shall be sent by certified mail or via a nationally-recognized private carrier (such as Fed Ex or UPS), as follows: If to Owner: Advance Real Estate Management LLC 1420 Techny Road Northbrook, IL 60062 With a copy to: Daniel C. Cole Ginsberg Jacobs LLC 300 South Wacker Drive, Suite 2750 Chicago Illinois 60606 If to the City: City of McHenry 333 S. Green Street McHenry, IL 60050 Attention: City Administrator With a copy to: David W. McArdle Zukowski, Rogers, Flood & McArdle 50 Virginia Street Crystal Lake, Illinois 60014 14.Default. In the event of a claimed default under this Agreement, the non- defaulting party shall provide notice of default to the defaulting party. No legal action may b e commenced with respect to a claimed default until thirty (30) days after said notice has passed, during which time the claimed defaulting party may cure the claimed default. This Agreement shall be governed by Illinois law without regard to its rules re garding conflicts of law. 15.Enforcement . Any action to enforce this Agreement shall only be filed in the Twenty-Second Judicial Circuit, McHenry County, Illinois. The party who prevails in any such action shall be entitled to recover its reasonable attorne y’s fees from the other party. 16.Only Agreement . This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between the Owner and the City relative to the Sales Tax Incentive and there are no other promises, agreements, conditions or understandings, oral 84 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2128 www.cityofmchenry.org 8 or written, express or implied, between them relative there to. This Agreement may only be amended by way of a written instrument that is signed by both Parties. 17.Assignment . The Owner may freely sell the Subject Property, or any portion thereof, and assign its right to receive the reimbursements prescribed in this Agreement or, in the alternative, Owner may retain all such rights (in the Owner’s sole discretion), in conjunc tion with such sale. In addition, the Owner may assign this Agreement (a) to a lender as security for a loan and (b) to an affiliate of Owner. 18.Mutual Assistance. The City and the Owner each agree to use a good faith effort to carry out, and to aid and assist each other in carrying out, the terms of this Agreement and in implementing the parties’ intent, as reflected by the terms of this Agreement ; provided that the City shall not be contractually required to initiate and pursue litigation against the ID OR or any other party in connection with this Agreement. [Signatures on following page.] 85 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2128 www.cityofmchenry.org 9 City of McHenry Advance Real Estate Management LLC By: By: Wayne S. Jett, Mayor Date Attest: Attest: Trisha Ramel, City Clerk Z:\M\McHenryCityof\EconomicIncentiveAgreementMcHenryTowneCenter.docx 86 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-21 28 www.cityofmchenry.org Exhibit “A” Legal Description 87 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2128 www.cityofmchenry.org Exhibit B Site Plan 88 City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2128 www.cityofmchenry.org Exhibit C Construction Improvements The buildout and improvement work required to be performed by Owner, as landlord , for the Tenants at the Subject Property , as specified on the following pages of this Exhibit C , the estimated costs of which are set forth, below: TI Buildout Concession: $250,000 (LL to Tenants) Landlord Construction Obligations: $1,250,000 Total Expenses: $1,500,000 The “Construction Improvements” shall exclude any work that is not the responsibility of the Owner, as landlord. In furtherance thereof , the definition of Construction Improvements expressly excludes any work to be performed by the Tenants (or their contr actors, subcontractors or vendors), including any work covered by the TI Buildout Concession. 89 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: July 19th, 2021 Regular City Council Meeting RE: Fence Variance for 3112 W. Lincoln Road , Munson Ski and Marine ATT: Fence application, Site Plan, Fence Style Agenda Item Summary: The Community Development Department received a fence variance request from Munson Ski and Marine located at 3112 W Lincoln Road. The request is to allow a 5’ setback along Lincoln Road in lieu of the 30’ required setback. Background: Munson Ski and Marine purchased the former Watertower Marina in fall of 2020. A building permit has been issued 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. The current conditional use permit allows for outside storage of boats and trailers, staff, per city ordinance is requiring screening of the outdoor storage from Lincoln Road. Screening of the outdoor storage prior to the current owner was in the form of a tree line along Lincoln Road, the previous owner chose to remove the tree line and had plans to install a fence, and this was not completed prior to the sale of the property to Munson Ski and Marine. Munson Marine is planning on erecting an 8’ cyclone fence with privacy slats which is allowed by ordinance, the variance request is for setback only. Analysis: The applicant is requesting a front yard setback variance, the red line depicted on the survey shows the applicants re quest for the fence placement. The applicant is requesting a 5’ setback in lieu of the required 30’. The 5’ setback would allow the marina to maximize the storage area, screen it from the road and neighbors and supply a security barrier . If the fence is erected at the 5’ setback the fence would be 10’ from the edge of the bike path and roughly 32’ from the edge of the road. The area depicted on the survey a s River Court was platted in 1928 with the 90 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 Huntersville subdivision and platted as a private Road. Munson Marine owns the property on both sides of this platted road. The platted road that runs throug h this site was never developed and has always been maintained by the owners of the marina. The applicant is requesting the fence to cross this platted private road. The City annexed the Watertower Marina in 1995 which included the platted River Court and the parcels labeled as parcel 7 on the plat. Huntersville subdivision was not annexed into the city until 2004. The city has never formally accepted River Court therefore it still remains property of the original owner when it was platted. City staff and the attorney representing the marina have exhausted all means of finding any heir to the Huntersville subdivision in an effort to have a quick claim deed or vacation of the property. Staff is requesting City council allow this fence to be erected across River Court but with an agreement that if it is ever challenged the fence must be removed. Recommendation: If the City Council concurs it is recommended that a fence variance be granted to Munson Ski and Marine, 3112 W Lincoln Road to allow a 5’ front yard setback in lieu of the required 30’ to place a 8’ tall cyclone fence with privacy slats. 91 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 Similair fence at Volo Munson Ski and Marine location Barbed wire is not being requested at McHenry location 92 93 94 95 96 ORDINANCE NO. 21- An Ordinance Granting a Fence Variation to Munson Properties IV LLC, and Indemnification Agreement Relating to 3112 W. Lincoln Road 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 and Indemnification Agreement 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 fence variance was requested by the title holder of 3112 W. Lincoln Rd., (“Subject Property”) Munson Properties IV LLC (“Owner”), to allow a 5’ setback along Lincoln Road in lieu of the 30’ City Code required setback and permission to construct a portion of the fence off the Subject Property. WHEREAS, the Owner intends to construct a perimeter fence on the Subject Property and partially within and across an adjacent and privately owned parcel of land, referenced as “River Court Encroachment” on the attached drawing prepared by Rooney Consultants, Inc. and dated March 24, 2021. After a diligent search by the Owner, the owner of the River Court Property has not been ascertained. Notwithstanding, the Owner desires to construct its fence partially on the River Court Encroachment and the City will only permit this construction upon the execution of this Ordinance and Indemnity Agreement by the Managing Member(s) of the Owner, in their individual capacities. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: A fence variance shall be granted to Munson Properties IV LLC, 3112 W Lincoln Road to allow a 5’ front yard setback in lieu of the required 30’ to place a 8’ tall cyclone fence with privacy slats. SECTION 2: In perpetuity, the undersigned individuals hereby agree to indemnify, defend, and hold the City of McHenry, its elected officials, officers, employees and agents, harmless from any and all lawsuits filed, claims, demands, losses, damages, actions and liability (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, relatives, licensees, or representatives, arising from, resulting from, or connected with any persons or entities claiming ownership in the River Court Encroachment or this Ordinance and Agreement. This Ordinance and Indemnity Agreement shall run with the land and a copy shall be filed in the Office of the Recorder of Deeds, McHenry County, Illinois. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be in full effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and approved this 19th day of July, 2021. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk Individual Indemnity Agreement The undersigned managing members of the Owner referenced above, in their individual capacities, hereby agree to the terms of this Ordinance and Indemnity Agreement in section 2 above, and sign this on the dates referenced below. Name/address Name/address ________________________________ ______________________________ Date Date 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: July 19, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Motion to approve an ordinance granting approval of various text amendments to the Zoning Ordinance and Subdivision Control and Development Ordinance ATT: 1.Cannabis Zoning Map 2.Unapproved Planning and Zoning Meeting Minutes dated June 30, 2021 2. Ordinance granting approval of various text amendments to the Zoning Ordinance and Subdivision Control and Development Ordinance. Agenda Item Summary: The City of McHenry is proposing text amendments to various sections of the Zoning O rdinance and Subdivision Control and Development Ordinance including: 1.Adult Use Cannabis Businesses: o §11-6-18 Adult-Use Cannabis Business o §11-9-7 Permitted and Conditional Uses in Commercial Districts o §11-10H-2 Table 2 Permitted and Conditional Uses 2.Residential Screening Strip Design Standards: o §11-13-2 Table 2 Residential Screen Strip Design Standards 3.Submission of Preliminary and Final Plats for Simultaneous Review: o §12-4-3 Submission of Preliminary and Final Plats for Simultaneous Review The Planning & Zoning Commission unanimously recommended approval of the proposed text amendments. 99 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. Adult Use Cannabis Text Amendments: Background and Changes from the May 17, 2021 City Council Meeting : At the May 17, 2021 regular City Council Meeting, staff sought City Council’s input on changing the City’s existing Cannabis Regulations to attract a potential cannabis dispensary . Of the three (3) options presented, City Council was agreeable to Option #2 summarized below: Option #2 – Cannabis Regulations Dispensary Craft Grow, Transportation, Infusion Schools All Cannabis Uses Prohibited within 1000’ Zoning – Permitted Use 1.Allowed in C -5 Highway, and C -3 Community Commercial District. 2.Prohibited in Downtown Subareas. 1.Allowed in I-1 Industrial District, and BP Business Park District. 2.Prohibited in Downtown Subareas. Zoning – Conditional Use 1.Conditional Use I-1 Industrial District and BP Business Park. 2.Prohibited in Downtown Subareas. 1.Conditional Use in C -5 Highway Commercial District. 2.Prohibited in Downtown Subareas. Geographic Restrictions Eliminates geographic restriction. Allows uses north of McCullom Lake Road. Number Two (2) l icensed dispensaries with option to increase by approval of City Council. No limit. Onsite Consumption No No Distance Between Dispensaries 1500’ N/A After reviewing the proposed regulations with the City Attorney, it was determined that State Statute would not allow municipalities to license dispensaries as originally proposed. The state requires municipalities to regulate cannabis through zoning regulations and therefore the City Council could not issue licensing similar to liquor . Staff have since revised these changes and included some additional conditions to allow for co-location of the more industrial uses (craft grow, transportation, infusion, and processing ) with a cannabis dispensary. These changes are outlined on the next page: 100 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Proposed Cannabis Regulations Changes (changes from original City Council proposal are underlined) Cannabis Dispensaries Craft Grow, Infusion, Processor, and Transportation Permitted Use Location : Must be located on a State Highway or a Commercial Subdivision adjacent to a State Highway. Zoning: C-3 Community Commercial District or C -5 Highway Commercial District. Location : n/a Z oning: I-1 Industrial District, BP Business Park District or when co- locating with a cannabis dispensary in the C -3 Community Commercial District or C -5 Highway Commercial District Conditional Use N/A Zoning: C -5 Highway Commercial District (without co-locating with a cannabis dispensary). Prohibited Use All cannabis uses shall be prohibited within the Core Downtown Sub Area, and Main Street (from Crystal Lake Road to IL -31) Geographic Restriction Eliminate geographic restriction to allow cannabis uses north of McCullom Lake Road. Number Maximum of two (no change from original proposal but licensing mechanism was eliminated due to state statute) No Limit. (no change) Onsite Consumption No (no change) Separation Distance Between Similar Use Types 1500’ (state mandated, no change) N/A (no change) Distance From Schools and Child Daycare Centers 1000’ (no change) 1000’ (no change) 101 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Staff Analysis: The original intent of the licensing mechanism for dispensaries was to prevent cannabis uses within outlier areas of the City that were zoned C -3 Community Commercial and C -5 Highway Commercial District such as on the northeast and northwest corners of the intersection of Bull Valley Road and Curran Road. The goal is to locate dispensaries where the traffic generated would have a positive spillover effect on adjacent businesses. Staff have placed a geographic restriction on dispensaries limiting their location to C -3/C-5 zoned property that are adjacent to a State Highway. This restriction along with not allowing them within 1000 feet of a school or day care effectively eliminated the risk of dispensaries locating in the aforementioned outlier areas which is illustrated in the map on the next page. 2. Text Amendments to §11-13-2 Residential Screen Strip Design Standards. Staff is proposing minor changes to the residential screen strip landscaping design standards. The proposed changes would eliminate the requirement that privacy fences must be locate d interior to landscaping. Staff have run into issues with certain lot configuration s that would make maintenance of said screened areas complicated. Staff is proposing to eliminate the placement provision to allow staff to work with business owners to pla ce screening in areas that make logical sense. 3. Text Amendments to §12-4-3 Submission of Preliminary and Final Plats for Simultaneous Review. The City of McHenry Subdivision and Control Ordinance does not allow for simultaneous review of preliminary and final plat of subdivisions unless certain parameters are met. Staff have recommended developers in past developments apply for a variation from the review process to allow for simultaneous review. Staff is proposing to eliminate this section entirely and replace with new language. The new proposed language would eliminate the standards to determine if a project qualifies to go through a simultaneous review process and replace with language that would allow the Zoning Administrator the ability to determine on a case-by-case basis what process would be most appropriate. 102 103 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning and Zoning Special Meeting Minutes June 30, 2021 File No. Z-988 City of McHenry Zoning Text Amendments to §11-6-18 Adult-Use Cannabis Business, §11-9-7 Permitted and Conditional Uses in Commercial Districts, §11-10H -2 Table 2 Permitted and Conditional Uses, and §11-13-2 Table 2 Residential Screen Strip Design Standards of the Zoning O rdinance; and Text Amendments to §12-4-3 Submission of Preliminary and Final Plats for Simultaneous Review of the Subdivision Control and Development Ordinance. Chairwoman Rockweiler called the hearing to order at 7:45 p.m. regarding File No Z -988 a request for various text amendments to the C ity of McHenry Zoning Ordinance and Subdivision Control and Development Ordinance. City Planner Sheriff provided the Commission with the Staf f Report regarding this file stating The City of McHenry originally approved its cannabis zoning regulations in September of 2019. Since that time, Lake in the Hills was the only municipality in McHenry County to attract a Cannabis Dispensary. Staff theorizes this was most likely due to allowing it as a permitted use in their commercial district. Key provisions adopted by the City compared to what is allowed by State Statue were presented. Staff is also proposing minor changes to the residential screen strip landscaping design standards. The proposed changes would eliminate the requirement that privacy fences must be located interior to landscaping. Staff have run into issues with certain lot configuration s that would make maintenance of said screened areas complicated. Staff is proposing to eliminate the placement provision to allow staff to work with business owners to place screening in areas that make logical sense. Staff is proposing to eliminate the section on submission of prel iminary and final plats for simultaneous review and replace it with new language. The previous two subdivisions have gone through the process and only performed one hearing. The new proposed language would eliminate the standards to determine if a project can go through the simultaneous review process and allow the Zoning Administrator the ability to determine on a case -by-case basis what process would be most appropriate. Replacement language was summarized and reviewed. Planner Sheriff asked the Commiss ioners if they had any questions regarding the proposed changes to the residential screen strip landscaping design standards or submission of plats for simultaneous review. There were no questions or discussion by Commissioners. 104 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Planner Sheriff went on to summarize the proposed changes to the Cannabis text amendments stating research has indicated cannabis dispensaries have little to no impact on crime and shared crime related articles and reports. The City’s cannabis regulations allow for a maximum of t wo dispensaries as a conditional use in property zoned I -1 Industrial, BP Business Park, and C -5 Highway Commercial District. The City has approved one Cannabis Dispensary located on Prime Parkway in an Industrial Subdivision. Because dispensaries are currently destination type retail uses, staff believes it is more appropriate to locate them in retail commercial areas where the traffic generated would have a positive spillover effect on neighboring businesses. The Lake in the Hills Dispensary is located in a commercial Subdivision off Randall Road in a building that was occupied by a former restaurant. Currently, no cannabis use types are permitted north of McCullom Lake Road. During the initial adoption, concerns were raised regarding police response times in the event a criminal incident occurred at a site north of McCullom Lake Road. State statute requires very strict security guidelines for businesses that operate a dispensary. After consulting with the Chief of Police, staff is comfortable with eliminat ing the geographic restriction north of McCullom Lake Road given how secure dispensary facilities are. Staff is also proposing changes to some of the more industrial/manufacturing type uses such as cannabis craft grow, transportation, and infusion busine sses. Craft grow, transportation, and infusion cannabis uses are currently allowed as a conditional use in the I -1 Industrial District, BP Business Park District, and C-5 Highway Commercial District. Staff believes these uses are appropriate and should be allowed as a permitted use within the I -1 Industrial District, BP Business Park District, but remain a Conditional Use in the C -5 Highway Commercial District unless co- locating with a dispensary, which would then be allowed as a permitted use. Staff is als o proposing to allow craft grow, transportation, and infusion businesses as a conditional use in the C-3 Community Commercial District when co -locating with a dispensary. A summary of the proposed text amendment language was presented. Planner Sheriff stated if the Planning & Zoning Commission agrees with Staff’s recommended changes to the Zoning Ordinance, then staff recommends a motion be made as presented in the updated staff report, with corrections made 6-29-21 and presented by Planner Sheriff. Chairwoman Rockweiler opened the floor to questions and comments from the public. There was nobody in attendance who wished to address the Commission with public comment. Chairwoman Rockweiler closed the public comment portion of the hearing at 8:03 p.m. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Commissioner Walsh inquired if any applicant been turned away prior to the request for these changes. Planner Sheriff responded no, he just viewed it as an easier process aft er observing Lake in the Hills process and it is preferred to attract a dispensary locally to help increase our sales tax 105 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org proceeds and also receive additional help for our local non -profit organizations such as the Riverwalk. Chairwoman Rockweiler inquired as to who makes the decision regarding which nonprofits benefit from placement of a dispensary? Planner Sheriff responded it is the decision of the applicant/owner. She asked for clarification to be made regarding what is allowed where specifically on the map presented. Planner Sheriff clarified and stated the specifics are requirements by the State. Director Polerecky asked if the commission understood or wanted clarification on the different types of cannabis-related businesses outlined. Clarificatio n was given. Chairwoman Rockweiler asked if staff feels these changes will make the process easier for applicants when licenses are finally issued by the state. Planner Sheriff responded yes, further clarifying the city is not allowing any on -site consumption anywhere and our ordinance is more restrictive than the State’s requirements. There were no further questions from the commissioners. Motion by Lehman seconded by Smale, with regard to File No. Z-988, to approve zoning text amendments to §11-6-18 Adult-Use Cannabis Business, §11-9-7 Permitted and Conditional Uses in Commercial Districts, §11-10H-2 Table 2 Permitted and Conditional Uses, and §11-13-2 Table 2 Residential Screen Strip Design Standards of the Zoning Ordinance; and Text Amendments to §12-4- 3 Submission of Preliminary and Final Plats for Simultaneous Review of the Subdivision Control and Development Ordinance as presented in the amended staff report containing corrections made 6 - 29-21 as pre sented by Planner Sheriff. Roll Call: Vote: 6-ayes: Bremer, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0- abstained, 1-absent: Davis. Motion Carried. Chairwoman Rockweiler closed the Public Hearing regarding File No. Z -988 at 8:10 pm. 106 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 21- AN ORDINANCE ADOPTING TEXT AMENDMENTS TO THE CITY OF MCHENRY ZONING ORDINANCE AND SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE 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 C onstitution of the State of Illinois; and WHEREAS, a petition has been filed by the City of McHenry requesting text amendments to the City of McHenry Zoning Ordinance and Subdivision Control and Development Ordinance; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 30, 2021 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the City Council the granting of the requested text amendments; 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 text amendments currently requested and approved by this ordinance 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 §11-6-18 Adult-Use Cannabis Business is hereby repealed and replaced with the text amendment language attached hereto this Ordinance as “Exhibit A”. SECTION 2: That §11-9-7 Permitted and Conditional Uses in Commercial Districts is here by amended as follows: “Group E: Additional permitted uses in C -3 and higher numbered Commercial Districts: Adult-use cannabis dispensing organizations. Adult-use cannabis businesses are prohibited in the C -4 District including any property on Main Street from Crystal Lake Road to IL-31 and the Core-Downtown Sub Area as identified in the Core -Downtown Sub-Area Plan approved by ORD -09-1480. 107 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Adult-use cannabis craft grow, tra nsportation, processing, and infusion businesses when co-locating with an adult-use cannabis dispensing organization. Adult-use cannabis businesses are prohibited in the C -4 District including any property on Main Street from Crystal Lake Road to IL-31 and the Core-Downtown Sub Area as identified in the Core - Downtown Sub-Area Plan approved by ORD -09-1480. Group I: Additional permitted uses in C -5 District. Adult-use cannabis craft grow, transportation, processing, and infusion cannabis businesses when co-locating with an adult-use cannabis dispensing organization. Group J: Additional conditional uses in C -5 District Adult-use cannabis dispensing organizations; adult-use cannabis craft grower. Adult-use cannabis dispensing organizations and adult use cannabis craft grower are prohibited north of McCullom Lake Road. Adult-use cannabis craft grow, transportation, processing, and infusion businesses when not co-locating with a dispensing organization. Adult-use cannabis businesses are prohibited on Main Street from Crystal Lake Road to IL -31 and the Core-Downtown Sub Area as identified in the Core-Downtown Sub-Area Plan approved by ORD-09-1480.” SECTION 3: That §11-10H-2 Table 2 Permitted and Conditional Uses is hereby amended as follows: “Group E: Permitted uses in I-1 Industrial District: Adult-use cannabis craft grower. Adult-use cannabis infuser organization or infuser. Adult-use cannabis processing organization or processor. Adult-use cannabis transporting organization or transporter. Group F: Conditional Uses in I-1 Industrial District Adult-use cannabis craft grower. Adult-use cannabis dispensi ng organization. Adult-use cannabis infuser organization or infuser. 108 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Adult-use cannabis processing organization or processor. Adult-use cannabis transporting organization or transporter. Group G: Permitted Uses in a Business Park District: Adult-use cannabis craft grower. Adult-use cannabis infuser organization or infuser. Adult-use cannabis processing organization or processor. Adult-use cannabis transporting organization or transporter. Group H: Conditional Uses in a Business Park District: Adult-use cannabis craft grower. Adult-use cannabis dispensing organization. Adult-use cannabis infuser organization or infuser. Adult-use cannabis processing organization or processor. Adult-use cannabis transporting organization or transporter.” SECTION 4: That §11-13-2 Types of Landscaping and Screening Required is hereby amended as follows: “Privacy fence/opaque screening: 1.A 6-foot high opaque masonry wall (stone, stucco, or brick), privacy fe nce, or dense evergreen hedge shall be installed in addition to the landscaped screening unless adjacent to a public road right-of -way. 2.Shall be along 100% of the yard length. 3.Shall be located interior to the landscaped screening. 109 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Landscaped Screening: A.A 5-foot wide landscaped perimeter shall be installed. B.Shall be along 100% of the yard length. C.Shall be exterior to the privacy fence. D.C. Trees shall be planted to provide a continuous canopy at maturity. E.D. Shrubs shall be planted on average of 1 for every 3 feet of yard length.” SECTION 5: That §12-4-3 Submission of Preliminary and Final Plats for Simultaneous Review is hereby repealed and replaced with the text amendment language as follows: “12-4-3: SUBMISSION OF PRELIMINARY AND FINAL PLATS FOR SIMULTANEOUS REVIEW: The Zoning Administrator may waive the requirement for the preliminary and final plats of subdivision to be reviewed sequentially and separately and may permit the simultaneous review of the preliminary and final plats provided, however the Planning & Zoning Commission may overrule such decision of the Zoning Administrator and require full compliance with the review procedures in this section, if it deems, in its opinion, to be necessary for a full understanding of the proposed development and its impact upon surrounding areas and the City of McHenry.” SECTION 6: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 7: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. 110 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Passed this 19th day of July, 2021. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 111 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Exhibit A Text Amendments to: §11-6-18 Adult -Use Cannabis Business, §11-9-7 Permitted and Conditional Uses in Commercial Districts, and §11 -10H-2 Table 2 Permitted and Conditional Uses 11-6-18: ADULT-USE CANNABIS BUSINESS: A.Adult-Use Cannabis Business Establishments: 1.Intent And Purpose: It is the intent and purpose of this section to protect the health, safety, welfare and morals of the citizens of the City by regulating the cultivation, processing and dispensing of adult-use cannabis occurring within the City. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time -to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Cannabis Regulation and Tax Act is amended, the more restrictive of the State or local regulations shall apply. 2.General Standards: a.The minimum distance between any Adult-Use Cannabis Dispensing Organization and the property line of a pre -existing Adult-Use Cannabis Dispensing Organization shall be one thousand five hundred feet (1,500'). b.The minimum distance between any Adult-Use Cannabis Dispensing Organization and the property line of a pre-existing public or private nursery school, preschool, primary or secondary school shall be one thousand feet (1,000'). Learning centers and vocational/trade centers shall not be classified as a public or private schools for purpose s of this section. c.A maximum of two (2) Adult-Use Cannabis Dispensing Organizations shall be permitted to be operating in the City at any one time. d.At least seventy five percent (75%) of the floor area of any space occupied by an Adult-Use Cannabis Dispensing Organization shall be devoted to the activities of the Adult-Use Cannabis Dispensing Organization as authorized by the Cannabis Regulation and Tax Act. e.Location: 1.Adult Use Cannabis Dispensaries. a.Permitted Use. Adult-Use Cannabis Dispensaries sha ll be a permitted use on properties located next to a State Highway, or located in a Subdivision abutting a State Highway, and zoned C -3 Community Commercial District or C -5 Highway Commercial District. 112 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.Cannabis Craft Grow, Cannabis Infuser Organizations, Cannabis Processing Organizations, and Adult-Use Cannabis Transporting Organizations. a.Permitted Use. Adult Use Cannabis Craft Grow, Infuser, Processor, and Transportation Organizations shall be a permitted use in the I - 1 Industrial District, BP Business Park District, or when co-locating with a cannabis dispensary in the C -3 Community Commercial District or C-5 Highway Commercial District. b.Conditional Use. Adult Use Cannabis Craft Grow, Infuser, Processor, and Transportation Organizations shall be require d to obtain a Conditional Use Permit to operate on property zoned C -5 Highway Commercial District unless co-locating with a cannabis dispensary. f. Exceptions. No Cannabis Business shall be permitted to operate within the Core - Downtown Sub Area as identi fied in the Core-Downtown Sub-Area Plan approved by ORD-09-1480 or on Main Street from Crystal Lake Road to IL -31. g.An adult-use cannabis business establishment may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act. h. On-site consumption at any Adult-Use Cannabis Dispensing Organization of cannabis and/or any product containing cannabis is prohibited. i.An adult-use cannabis business establishment shall file an affidavit with the Ci ty affirming compliance with all requirements of the Cannabis Regulation and Tax Act. 113 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: July 19, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Motion to approve an ordinance granting approval of a Use Variation to allow a single-family residence in the C -5 Highway Commercial District at 4805 W. Elm Street. ATT: 1.Unapproved Planning and Zoning Commission Minutes dated June 30, 2021 2.Ordinance granting approval of a Use Variation to allow a single -family residence at 4805 W. Elm Street. 3. Planning & Zoning Commission Staff Report and Attachments 4.Petitioner Application Packet Agenda Item Summary: The petitioner, G&A European Quality Pros LLC., (“Owner of Record”), is requesting approval of a Use Variation to allow a Single -Family Residence in conjunction with a computer repair shop in the C-5 Highway Commercial District at 4805 W. Elm Street. Formerly occupied by a se amstress and utilized as a single-family residence, the subject property has remained vacant for several years. The City’s Nonconformities Ordinance does not allow a nonconforming use to be re - established if discontinued for 30 consecutive days. The City’s Comprehensive Plan and Development Policies recommend small residential lots on IL -120 be consolidated with adjacent commercial lots to allow for more productive use. The Planning & Zoning Commission unanimously recommended denial of the petitioner’s request. If the City Council concurs, it is recommended the attached ordinance granting approval of a Use Variation to allow a single-family residence at 4805 W. Elm Street be denied . (City Council vote-simple majority) 114 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 Unapproved Planning and Zoning Special Meeting Minutes June 30, 2021 File No. Z-989 G&A European Quality Pros LLC. Use Variance to allow a single -family residence in the C-5 Highway Commercial District Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z -989 a request for Use Variance to allow a single -family residence in the C -5 Highway Commercial District in conjunction with a computer repair shop at 4805 Elm Street. Chair woman Rockweiler confirmed all legal posting requirements have been met. Anthoula Arfanitis, 4702 Ripon Rd., Crystal Lake, IL was sworn in and stated she is asking for a use variance to lease the property to a tenant who wants to operate a storefront on the property while living there. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the subject property was formerly occupied as a single -family residence in conjunction with a seamstress business. It currently contains a vacant single -family residence and detached accessory building. He explained the history of the current zoning of the property and the use being classified as [legal] nonconforming subject to the regulations identified in the City’s Zoning Ordinance in effect at that time The petitioner is not proposing any changes to the existing site except for interior remodel. The proposed computer repair business is allowed as a permitted use. The business will service computers and cell phones by appointment only. There is room for appro ximately 1-2 parking spaces in the front and to the side of the garage, which is in conformance with the City’s Off Street Parking and Loading Requirements. Planner Sheriff presented, in summary, staff believes the proposed commercial redevelopment is in substantial conformance with the City of McHenry Zoning Ordinance. The subject property is approximately 0.275 acres which makes it challenging for many commercial land uses to locate here. The property has remained vacant for several years. The Comprehensi ve Plan specifically recommends, however, small lots located on IL -120 be consolidated to allow for uses that are more productive. Approval of the request would negatively impact the ability of the City to consolidate these smaller lots. Staff made the pre vious owner aware that the single -family residence would not be allowed to be re -established without approval of a Use Variation. Staff is recommending denial of the petition based upon the recommendation of the Comprehensive Plan. 115 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 Planner Sherriff state d if the Planning & Zoning Commission agrees with staff’s assessment then a motion is recommended for denial of the request, as presented in the Staff Report. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. There were no questions from any of the Commissioners. Chairwoman Rockweiler invited questions and/or comments from the Public. There were no comments from the public. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:08 p.m. Planner Sheriff asked if any of the Commissioners could make a statement as to why they do not meet the approval criteria. Commissioner Bremer opined the staff report was thorough and she wanted to acknowledge the Comprehensive Plan recommendation for small lots located on IL-120 be consolidated to allow for more productive uses. If this were approved, she does not believe that consolidation would be possible. Chairwoman Rockweiler stated she doesn’t believe the request meets future land use planning. There was no comme nt by the other Commissioners. Motion by Bremer seconded by Smale with regard to File No. Z -989, to recommend denial of the petitioner’s request for a use variance to allow a single -family residence in a C-5 Highway Commercial District as outlined in the staff report, as presented, and by maki ng said motion, I agree with staff’s assessment that the approval criteria for Use Variations have not been met as outlined in the Staff Report. Roll Call: Vote: 6-ayes: Bremer, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0- abstained, 1-absent: Davis. Motion for Denial Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z -989 at 7:10 p.m. 116 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 ORDINANCE NO 21- AN ORDINANCE GRANTING APPROVAL OF A USE VARIATION TO ALLOW A SINGLE-FAMILY RESIDENCE AT 4805 W. ELM STREET WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rul e powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by G&A European Quality Pros LLC. (“PROPERTY OWNER”) requesting approval of a Use Variation to allow a single -family reside nce at 4805 W. Elm Street and legally described on “Exhibit A” attached hereto and incorporated herein, the “SUBJECT PROPERTY”; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 30, 2021 in the manne r prescribed by ordinance and statute, and as a result of said meeting, the Planning and Zoning Commission did unanimously recommend to the City Council denial of the requested Use Variation; 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 is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Use Variation to allow a single - family residence. SECTION 2: In granting said Use Variation, the City Council finds that the Approval Criteria for Use Variances listed in §11-19-6 of the City of McHenry Zoning Ordinance have been met. SECTION 3: All ordinances or parts thereof in conflict with the terms an d provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. 117 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 Passed this 19th day of July, 2021. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 118 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 Exhibit A Legal Description of the Subject Property LOT SIXTEEN (16), BLOCK TWO (2) IN THE LAKELAND SHORES UNIT THREE (3), BEING A SUBDIVISION OF PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CENTERLINE OF STATE ROUTE 120, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 25, 1958 AS DOCUMENT NO. 337444, IN BOOK 13 OF PLATS, PAGE 55, AND AMENDED BY CERTIFICATE OF CORRECTION RECORDED MAY 9, 1958 AS DOCUMENT NO. 338057, IN MCHENRY COUNTY, ILLINOIS. 119 120 121 122 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, G&A European Quality Pros LLC., (“Owner of Record”), is requesting approval of a Use Variation to allow a Single-Family Residence in conjunction with a computer repair shop in the C-5 Highway Commercial District. The site consists of 0.275 acres, more or less, and is located approximately 160 feet west of the intersection of W. Elm Street (IL-120) and McCullom Lake Road, with a common address of 4805 W. Elm Street (“Subject Property”). The subject property was formerly occupied as a single-family residence in conjunction with a seamstress business. The property currently contains a vacant single-family residence and detached accessory building. According to the McHenry Township Assessor’s Office, the single-family residence was constructed in 1963. City records indicate at that time, the subject property was zoned R-3 Single Family District. In 1974, property owners Carmelo Burrafato and Lorenza Burrafato petitioned the City to reclassify the subject property from R-3 Single Family District to B-1 Commercial District which the City approved. Our records do not indicate the reasoning for reclassifying the property except that it followed the trend of B-1 Commercial District development on the east and west side of the property. The B-1 Commercial District does not allow single-family residential land use. Therefore, the use would have been classified as [legal] nonconforming and would follow the regulations identified in Article XX. “Non-Conforming Use” of the City’s Zoning Ordinance in effect at that time which states the following: “Any non-conforming use of a building, structure, or land which is discontinued for a period of six months or more shall not be continued again…” In 1986, the City underwent a comprehensive update of its zoning ordinance which involved the adoption of a new zoning district map. This process involved reclassifying properties to match the underlying land-use, location, as well as other trends in development. A majority of the properties along Elm St (IL-120) were reclassified as C-5 Highway District because of their proximity to a state highway. There was no record of the city or property owner changing the zoning classification of the subject property since the 1986 city-wide redistricting. This change in zoning classification had no impact on the legal nonconforming use. Regarding the legal nonconforming status of the single-family residence, the ‘86 zoning ordinance changed the period of time a nonconforming use would sunset - from 6 months to no time frame. Therefore, once the use had discontinued it was no longer allowed to reestablish. In 2008, the City Council amended this language to include a 30 day buffer. The use would need to discontinue for a period of 30 consecutive days before it was no longer allowed to be reestablished. It is staff’s understanding that the residence has remained vacant for more than 30 consecutive days and therefore is unable to be reestablished without receiving a Use Variance or a Zoning Map Amendment. Any new development would need to conform with the C-5 Highway Commercial District Land Use Regulations. 123 The original owner of the property was made aware of the legal nonconforming status as indicated from the zoning verification letter dated September 25, 2020. There is also a note in the City’s electronic property file records that indicate the original owner was made aware of the nonconforming status as early as September 14, 2017. 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. STAFF ANALYSIS FUTURE LAND USE MAP RECOMMENDATION The future land use map recommends commercial land use on the subject property. The proposed single- family residence is not in compliance with the future land use map recommendation. CURRENT LAND USE AND ZONING The subject property is currently vacant and zoned C-5 Highway Commercial District. The property was formerly used as a single-family residence in conjunction with a seamstress business. COMPREHENSIVE PLAN OBJECTIVES AND POLICIES Overall, staff believes the proposed development is not 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 Commercial land use.” (p. 27)  Approval of the applicant’s request would complicate the ability of the city to realize new development on the site. Being a smaller commercially zoned lot, the site is very limited in terms of commercial uses that could utilize the space. • Economic Development, Objective – Review development proposals to determine if the proposed commercial zoning will provide a necessary benefit to the area and approve new commercial zoning only where such benefit can be confirmed. o Policy – “Small, isolated residential lots along IL Routes 31 and 120 should be consolidated and redeveloped for uses compatible with adjacent development, preferably with assembled parcels of 2 or more acres.” (p. 54)  The Comprehensive Plan recommends small residential lots on state routes should be consolidated and redeveloped for further commercial use. Approval of the applicant’s request would hinder the ability of the City to redevelop this section of IL-120. SITE PLAN ANALYSIS The petitioner is not proposing any changes to the existing site except for interior remodel. The proposed computer repair business is allowed as a permitted use. The business will service computers and cell phones by appointment only. There is room for approximately 1-2 parking spaces in the front and to the side of the garage which is in conformance with the City’s Off Street Parking and Loading Requirements. 124 STAFF RECOMMENDATION & MOTION In summary, the petitioner is requesting approval of a use variance to allow a single-family residence in conjunction with a computer repair business in the C-5 Highway Commercial District. The subject property is approximately 0.275 acres which makes it challenging for many commercial land uses to locate here. The property has remained vacant for several years. The Comprehensive Plan specifically recommends small lots located on IL-120 be consolidated to allow for more productive uses. Approval of the request would negatively impact the ability of the City to consolidate these smaller lots. Staff made the previous owner aware that the single-family residence would not be allowed to be re-established without approval of a Use Variation (see attached letter). Staff is recommending denial of the petition based upon the recommendation of the Comprehensive Plan. If the Planning & Zoning Commission agrees with staff’s assessment then one motion is recommended: MOTION: I motion to recommend denial of the petitioner’s request for a use variance to allow a single-family residence in a C-5 Highway Commercial District: AND by making said motion, I agree with staff’s assessment that the approval criteria for Use Variations have not been met as outlined in the Staff Report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) A.Practical Difficulties or Particular Hardship. Staff believes adequate notice has been provided to the original owner of the property who should have made the current owner aware during the sale of the property as identified in the Zoning Verification Letter dated September 25, 2020. B.Reasonable Return. Staff believes the property may generate a reasonable return on investment with uses that are allowed in the C-5 Highway Commercial District by the Zoning Ordinance. C.Unique Circumstance. Staff believes this is not a unique circumstance due to the prior owner being made aware that the City’s Comprehensive Plan does not allow the single-family residence to be re-established. D.Not Alter Local Character. The proposed use for a stand-alone single-family residence in the C-5 Highway Commercial District is not desirable based upon the recommendations of the City’s Comprehensive Plan and Development Policies. The single-family residence is out of character with the surrounding commercial land use. E.Consistent With Title And Comprehensive Plan. The Comprehensive Plan specifically identifies that small commercial properties on state highways should be consolidated for more productive use. Approval of the request would go against the recommendation of the Comprehensive Plan. Attachments: •Zoning Verification Letter Dated 9.25.20 •Petitioner’s Application and attachments •Receipt of publication of legal notice 125 Department of Economic Development Doug Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 dmartin@cityofmchenry.org www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. September 25, 2020 Earl Dowell 2312 W Lincoln Road McHenry, IL 60051 RE: Zoning Inquiry – 4805 W. Elm Street Dear Mr. Dowell, Thank you for your zoning verification request for the property commonly known as 4805 W. Elm Street. The property currently contains a vacant single-family residence and detached accessory building. According to the McHenry Township Assessor’s Office, the single-family residence was constructed in 1963. Our records indicate at that time, the subject property was zoned R-3 Single Family District. In 1974, property owners Carmelo Burrafato and Lorenza Burrafato petitioned the City to reclassify the subject property from R-3 Single Family District to B-1 Commercial District which the City approved. Our records do not indicate the reasoning for reclassifying the property except that it followed the trend of B-1 Commercial District development on the east and west side of the property. The B-1 Commercial District does not allow single-family residential land use. Therefore, the use would have been classified as [legal] nonconforming and would follow the regulations identified in Article XX. “Non-Conforming Use” of the City’s Zoning Ordinance in effect at that time which states the following: “Any non-conforming use of a building, structure, or land which is discontinued for a period of six months or more shall not be continued again…”. In 1986, the City underwent a comprehensive update of its zoning ordinance which involved the adoption of a new zoning district map. This process involved reclassifying properties to match the underlying land-use, location, as well as other trends in development. A majority of the properties along Elm St (IL-120) were reclassified as C-5 Highway District because of their proximity to a state highway. There was no record of the city or property owner changing the zoning classification of the subject property since the 1986 city-wide redistricting. This change in zoning classification had no impact on the legal nonconforming use. Regarding the legal nonconforming status of the single-family residence, the ‘86 zoning ordinance changed the period of time a nonconforming use would sunset - from 6 months to no time frame. Therefore, once the use had discontinued it was no longer allowed to reestablish. In 2008, the City Council amended this language to include a 30 day buffer. The use would need to discontinue for a period of 30 consecutive days before it was no longer allowed to be reestablished. It is my understanding that the residence has remained vacant for more than 30 consecutive days and therefore is unable to be reestablished without receiving a Use Variance or a Zoning Map Amendment. Any new development would need to conform with the C-5 Highway Commercial District Land Use Regulations. 126 • Link to Zoning District Bulk and Setback Requirements: http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=111129#s1365989 • See attached Zoning District Use Table for a list of permitted and conditional uses. Please let me know if you have any questions. Sincerely, Cody Sheriff City Planner City of McHenry csheriff@cityofmchenry.org O: 815-363-2181 C: 815-353-1033 Attachments: Zoning District Use Table 127 FORM A Page 1 of 3 File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 1.Name of Applicant G&A European Quality Pros LLC Tel 815-404-1555 Address 4702 Ripon Rd. Crystal Lake, IL 60012 Fax 2.Name of Property Owner Tel (If other than Applicant) Address Fax 3.Name of Engineer Tel (If represented) Address Fax 4.Name of Attorney Tel (If represented) Address Fax 5.Common Address or Location of Property 4805 W Elm St. Mchenry, IL 60050 6.Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) Zoning Variance - Minor Conditional Use Permit Zoning Text Amendment Zoning Variance Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: We are requesting a use variance to lease the property to DCRTEK Computer repairs. They would like to operate a store front out of the space as well as live there. 7. FORM A 128 FORM A Page 2 of 3 Current Use of Property Vacant 8.Current Zoning Classification of Property, Including Variances or Conditional Uses Office - Commercial 9.Current Zoning Classification and Land Use of Adjoining Properties North: Commercial South:Commercial East:Mixed use – Residential and office space West:Residential 10.Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. x 1.Application Fee (amount) $ 2.Narrative Description of Request x 3.FORM A – Public Hearing Application 4.FORM B – Zoning Map Amendment (Rezoning) Application 5.FORM C – Conditional Use Application 6.FORM D – Zoning Variance Application x 7.FORM E – Use Variance Application x 8.Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit x 9.Plat of Survey with Legal Description 10.List of Owners of all Adjoining Properties 11.Public Hearing Notice 12.Sign (Provided by the City, to be posted by the Applicant) 13.Site Plan 14.Landscape Plan 15.Architectural Rendering of Building Elevations 16.Performance Standards Certification 17.Traffic Analysis 18.School Impact Analysis 11. 129 130 131 132 133 134 FORM E Page 1 of 2 FORM E File Number USE VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1.Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. The property was previously utilized as a residential dwelling. Currently, the property is zoned for office use only. Owner has received an request to lease the space as both residential and commercial in order for prospective tenant to reside in the property as well as run an owner-operator PC repair and screen replacement business. ___________________ 2.Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. Owner has not received any feasible prospective tenants so as permit even a low rate of return on its investment. With the current rental market owner reasonably believes granting a Use Variance will permit the property to operate at its most useful means possible. The unique physical design of this property particularly adapts to the highest and best use of the property. 3.Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. Here, the property was previously zoned for residential use and occupancy therefore, prior utilization of the property demonstrates and establishes the special circumstances which should not render this application unreasonable. 135 FORM E Page 2 of 2 4.Not Alter Local Character The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. Granting of this application will in-fact increase property value as the property is currently vacant and unoccupied. Granting will increase tax revenue for the municipality as well as the County, may potentially increase employment of the municipality. DCRTek as prospective tenant and residential occupancy operates a personal computer and screen repair business which would result in impairment of environmental quality and will not diminish public safety or welfare of the municipality or county as a whole. 5.Consistent with Comprehensive Plan The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. Granting of this Use Variance application with further the general purpose and intent of the City’s plan as approval will permit a new business to operate in the property thus generating new tax revenue as well as increase property value which may result in higher property taxes thereby further increasing the City’s revenue and tax base. 136 137 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION Salesperson: BARBARA BEHRENS Printed at 06/09/21 11:10 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10069745 Ad #: 1892778 Status: New MCHENRY COUNTY PREPAID LEGALS Start: 06/11/2021 Stop: 06/11/2021 PO BOX 250 Times Ord: 1 Times Run: *** CRYSTAL LAKE IL 60014 CLEG 1.00 X 70.00 Words: 224 Total CLEG 70.00 Class: C8100 PUBLIC NOTICES Rate: LEGAL Cost: 109.30 # Affidavits: 2 Ad Descrpt: VARIANCE - G&A EUROPEAN Contact: LEGAL CLERK Descr Cont: 1892778 Phone: (815)459-4040 Given by: ANN ARVANTIS Fax#: P.O. #: Email: Created: bbehr 06/09/21 10:58 Agency: Last Changed: bbehr 06/09/21 11:09 ----------------------------------------------------------------------------- URL: _________________________________ ----------------------------------------------------------------------------- Source: ______________________________ Section: _______________ Page: __ Camera Ready: N Group: LEGALS AdType: ___________ Misc: _______________________________ Color: _____________ Proof: __ _____________________ Pickup Date: __________ Ad#: _________ Delivery Instr: ______________________ Pickup Src: ____________ Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __ Coupon: __ Gang Ad #: _________ Ad Copy Method: ________________________________________ Special Instr: ______________________________ ----------------------------------------------------------------------------- COMMENTS: COPIED from AD 1889960 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES NW CL 97 S 06/11 WEB CL 99 S 06/11 APNW CL 97 S 06/11 ----------------------------------------------------------------------------- PAYMENTS: -- 06/09/2021 109.30 VI ************8877 08216G[397579562] ----------------------------------------------------------------------------- (CONTINUED ON NEXT PAGE) 138 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION (CONTINUED) Salesperson: BARBARA BEHRENS Printed at 06/09/21 11:10 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10069745 Ad #: 1892778 Status: New PUBLIC NOTICE PUBLIC HEARING NOTICE FILE Z-989 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 7:00 P.M. on June 30, 2021 to consider an application by G&A European Quality Pros LLC ("Applicant") for the follow- ing requests in accordance with the City of McHenry Zoning Ordinance: Request for a Use Variance to allow a single- family residence in the C-5 Highway Commercial District. The site consists of 0.275 acres more or less, and is located on the south side of W Elm Street (IL-120), and approximately 135 feet west of the intersection of Meadow Lane and Elm Street with a common address of 4805 W Elm Street, McHenry, IL 60050 ("Subject Property"). PIN: 09-27-303-016 The Subject Property is currently zoned C-5 High- way Commercial District. A copy of the application is on file and may be exam- ined during regular business hours in the Community Development Department, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, and (815) 363- 2100. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois. /s/ Stacy Rockweiler Chairwoman Planning and Zoning Commission (Published in the Northwest Herald on June 11, 2021) 1892778 139 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: July 19, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Motion to approve an Ordinance granting approval of a Use Variation to allow an Open Sales Lot at 4502 W Crystal Lake Road. ATT: 1.Unapproved Planning and Zoning Commission Minutes dated June 30, 2021 2.Ordinance granting approval of a Use Variation to allow an Open Sales Lot for automobile sales at 4502 W Crystal Lake Road 3. Planning & Zoning Commission Staff Report and Attachments 4.Petitioner Application Packet Agenda Item Summary: The petitioner, Kevin Naleck (“Contract Purchaser”), owner of South Elgin Auto Sales, is requesting approval of a Use Variance to allow an Open Sales Lot for the operation of a used car dealership in the C -2 Neighborhood Commercial District at 4502 W. Crystal Lake Road. Formerly occupied by First Midwest Ba nk with a drive-thru, the subject property has remained vacant for approximately one year. Located within the boundaries of the Crystal Lake Road Subarea Plan, several conditions of approval have been added that address lighting, signage, landscaping, and operations: 1.The development shall be in substantial conformance with the submitted site plan. 2.Automobile repair and bodywork is prohibited on site. 3.The petitioner shall work with the Zoning Administrator to replant no less than four (4) appropriately si zed shade trees along the southeast portion of the customer parking area in accordance with the City’s Tree Preservation Ordinance. 4.All video signage shall be prohibited. 140 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 5. The outdoor storage and display of vehicles shall be restricted to the northern mos t parking lot as identified in the site plan. This restriction does not apply to the day -to-day operations that may involve temporarily moving vehicles. 6. No vehicles shall be stored overnight unless located within the inventory parking area as identified i n the submitted site plan. 7. The business hours of operations shall be restricted from 7:00 a.m. to 9:00 p.m. in accordance with the Crystal Lake Road Sub-Area Plan. 8. Any building façade improvements shall be in conformance with the recommendations of the C rystal Lake Road Sub-Area Plan. 9. No additional parking lot lighting shall be added unless required by federal, state, or local law. 10. All other federal, state, and local laws shall be met. At the June 30, 2021 Planning & Zoning Commission meeting, f our members of the public spoke out against the proposed development. The Planning & Zoning Commission discussion largely revolved around how the proposed use will fit in harmoniously with the surrounding character. Many Commissioners expressed similar reservations relating to what is typically associated with large car dealerships on state highways such as bright lights, video signage, and the negative aesthetic appearance generally associated with a used car dealership. Ultimately, the P&Z members felt comfortable with the proposal based upon the existing buildings on site being uniquely positioned to accommodate the business, the large setback of the storage area from the front property line, the installation of additional trees at the front of the prope rty, and restrictions being put in place regarding lighting, signage and operations. The Planning & Zoning Commission agreed with staff’s assessment outlined in the staff report and recomm ended approval of the request (Ayes: 5; Nay: 1; Abstain: 0) subject to the conditions outlined above. If the City Council concurs, it is recommended the attached ordinance granting approval of a Use Variation to allow an Open Sales Lot at 4502 W. Crystal Lake Road be approved . (City Council vote-simple majority) 141 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 and Zoning Special Meeting Minutes June 30, 2021 File No. Z-990 Kevin Naleck Use Variance to allow an Open Sales Lot for the operation of a used car dealership in the C -2 Neighborhood Commercial District Chairwoman Rockweiler called the hearing to order at 7:10 p.m. regarding File No Z -990 a request for Use Variance to allow an Open Sales Lot for the operation of a used car dealership in the C -2 Neighborhood Commercial District at 4502 W. Crystal Lake Rd. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Kevin Naleck, 815 Schneider Dr., South Elgin, IL was sworn in and stated he is asking for a use variance to use this space to operate his small internet based used car dealership. He stated he has been in business since 2015 and provides the community a c onvenient, honest, and affordable location to purchase a used car. There would be no changes to the existing structures, no changes to the existing parking lot, no effect on neighboring properties, and a vacant property would have a new lease on life. This would be sales only location with all reconditioning being performed offsite and outsourced to other small business. He has been searching for a property like this for a long time and hopes to have the opportunity to serve the community and continue to bu ild the business that provides for his family. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the petitioner is requesting approval of a Use Variance to allow an Open Sales Lot for the operation of a used car dealership in the C-2 Neighborhood Commercial District. The petitioner is not proposing any changes to the existing structures and parking lots. The site is in conformance with the City’s Off Street Parking and Loading Ordinance. Staff did discover that the previous owner removed several large trees adjacent to the customer parking area. Staff is requiring the petitioner replant trees in accordance with the City’s Tree Preservation Ordinance. The northern most parking lot is where the petitioner will be storing vehicles. Staff feels the 186-foot setback from the property line and the storage area would accommodate the storage of vehicles without negatively impacting the local character. Staff is recommending that the overnight storage of vehicles shall be restricted to the northern-most parking lot. Planner Sheriff presented, in summary, staff is in agreement with the petitioner that the site is uniquely designed to adequately accommodate automobile sales without detracting from the community character. The primary concern is the overall look and feel of the site and its impact on the surrounding area. Given the 186-foot setback distance of the storage area from the southeast property line, staff believes the storage area would not negatively impact the surrounding properties. The business relies on on line advertisement to market and sell vehicles as opposed to 142 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 large video signage that is traditionally associated with automobile dealerships. Staff is recommending several conditions of approval to accommodate the request in accordance with the Crystal Lake Road Sub-Area Plan. Planner Sheriff stated Staff is also recommending several conditions related to landscaping, overnight storage, and signage to protect the surrounding neighborhood character. Staff does not object to the petitioner’s request and reco mmends approval subject to appropriate conditions. Planner Sherriff stated if the Planning & Zoning Commission agrees with staff’s assessment then a motion is recommended, with the conditions as presented in the Staff Report. A resident contacted the City regarding the proposed development but were fine with it once staff explained the request. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Commissioner Sobotta asked if there would be trailers of vehicles unloaded at t he property. Mr. Naleck responded no, and that all vehicles are obtained via personal pickup and delivery. Commissioner Smale asked sales hours. Mr. Naleck stated 10:00 am -9:00 pm. Commissioner Bremer requested a timeline on replanting of trees. Mr. Na leck stated he intends to have trees planted soon after closing. On an additional question of security, Mr. Naleck responded there would be basic security cameras and he hopes to reuse the bank cameras that were left in addition to an alarm company. Chairwoman Rockweiler asked if balloons and flag banners would be used on the property for sales and promotions. Mr. Naleck responded no, all promotion is done online. Commissioner Walsh asked if any repairs would be done on premises, what types of vehicles are intended to be sold, and what attracted Mr. Naleck to this specific location? Mr. Naleck responded that all repair work is outsourced other than small things such as replacing wipers etc. He added that many of his customs come from the McHenry area and the layout of this property was a perfect fit. He is not a typical car dealership that might rely on drive -by traffic. The usual vehicles he sells are basic four doors, mostly one owner and clear titled vehicles. Commissioner Lehman inquired about the a mount of walk -in traffic that might be expected and how many cars he may typically house on the property. Mr. Naleck responded there may some but very little walk-ins. He added there might be 30 cars total on the property and in the garage/storage building combined. Planner Sheriff asked Mr. Naleck to inform the commission and audience on the number of employees at the business. Mr. Naleck stated it is primarily just him and possibly his father in law occasionally. 143 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 Commissioner Bremer asked about a time line on meeting any conditions required for approval. Planner Sheriff stated the applicant would not be issued a certificate of occupancy until all conditions are met, and all will be addressed and defined after a walk through inspection with the building inspectors. Chairwoman Rockweiler invited questions and/or comments from the Public. Terry Locke, 208 Windridge, McHenry was sworn in and stated most used car dealerships are online. He opined this is not a fit for this area and asked why the commission would vote for this. Commissioner Walsh replied that a vote has not been taken yet. Mr. Todd Lowenheim, McHenry was sworn in and simply stated “Really?” with no further explanation. Mr. Gary Morley, 1001 Hilltop Blvd., McHenry was sworn in. He identified himself as an adjoining business owner stating he does not feel this business is a g ood fit for the community neighborhood and believes it would be better suited along Routes 31 or 120. Mr. Andy Glab 5001 Oakwood Dr. was sworn in stating the area is zoned neighborhood commercial. He opined that history shows it is commercial zoning whic h was originally intended for businesses that would serve the neighborhood community. He further opined this is spot zoning – changing the plan for a community property. He believes there are plenty of other areas more suited to this use in a C-5 zoning district and this is not the right location to establish a precedence outside the community plans for the area. He opined it would just put added strain on increased traffic in the area especially with the new high school configuration. He further stated tha t he recognizes development is needed in town but we should not continue to bend the rules just to get businesses here, rather that proper planning should be utilized. He asked the commission to please consider this and went on to welcome all the new board members. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:30 p.m. Commissioner Smale inquired if many vehicle test drives are run. Mr. Naleck stated test drives are by appointment only as a rule but it is not impossible to h appen on occasion. Commissioner Lehman inquired as to the number of vehicles sold per month on average. Mr. Naleck responded about 250 per year. Chairwoman Rockweiler asked Mr. Naleck if he anticipates problems with traffic flow. Mr. Naleck responded th ere is very little increased traffic and two people at a time is a busy day. Chairwoman Rockweiler asked Planner Sheriff to clarify whether the future land use plan recommends this type of use and/or whether staff feels this use is properly reflecting what is recommended. Planner 144 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 Sheriff stated not necessarily, but in light of several long -term vacant properties they would rather see this economic use than another long -term vacant unkempt property. Commissioner Sobotta asked if there are specific lighting regulations being imposed. Mr. Naleck stated they would only use lighting already in place and formerly in use. Planner Sheriff stated current ordinances must be followed and added the commissioners can add an additional condition if they feel it is neede d. Discussion ensued. Chairwoman Rockweiler asked for motion. Motion by Sobotta seconded by Bremer with regard to File No. Z -990, to approve the petitioner’s request for a use variance to allow an Open Sales Lot on the subject property as outlined in the staff report, subject to the following conditions, as amended: 1. The development shall be in substantial conformance with the submitted site plan. 2. Automobile repair and bodywork is prohibited on site. 3. The petitioner shall work with the Zoning Administrator to replant no less than four (4) appropriately sized shade trees along the southeast portion of the customer parking area in accordance with the City’s Tree Preservation Ordinance. 4. All video signage shall be prohibited. 5. The outdoor storage and display of vehicles shall be restricted to the northern most parking lot as identified in the site plan. This restriction does not apply to the day -to-day operations that may involve temporarily moving vehicles. 6. No vehicles shall be stored overnight unless located within the storage/display area or inventory parking area as identified in the site plan. 7. The business hours of operations shall be restricted from 7:00 a.m. to 9:00 p.m. in accordance with the Crystal Lake Road Sub-Area Plan. 8. Any building façade improvements shall be in conformance with the recommendations of the Crystal Lake Road Sub-Area Plan. 9. All other federal, state, and local laws shall be met. 10. No additional parking lot lighting shall be added t o the site unless required by federal state or local law. 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 presented. Roll Call: Vote: 5-ayes: Bremer, Lehman, Rockweiler, Smale, and Sobotta. 1-nay: Walsh, 0-abstained, 1-absent: Davis. Motion Carried. Commissioner Walsh stated he does not believe this use meets the future land use plans and believes it is a poor location in the neighborhood for this typ e of business. 145 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 Commission Sobotta stated his Yes vote was made only due to the stated promise by the Petitioner that the character of the site will not be changed. Chairwoman Rockweiler closed the hearing reg arding File No. Z-990 at 7:45 p.m. 146 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 ORDINANCE NO 21- AN ORDINANCE GRANTING APPROVAL OF A USE VARIATION TO ALLOW A N OPEN SALES LOT AT 4502 W CRYSTAL LAKE ROAD. 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 Kevin Naleck , “CONTRACT PURCHASER”, requesting approval of a Use Variation to allow an Open Sales Lot at 4502 W Crystal Lake Road and legally described on “Exhibit A” attached hereto and incorporated herein, the “SUBJECT PROPE RTY”; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 30, 2021 in the manner prescribed by ordinance and statute, and as a result of said meeting, the Planning and Zoning Commission did recommend approval of the request subject to several conditions; 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 is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Use Variation to allow an Open Sales Lot subject to the following conditions: 1. The development shall be in substantial conformance with the submitted site plan identified in “Exhibit B ”. 2. Automobile r epair and bodywork is prohibited on site. 3. The petitioner shall work with the Zoning Administrator to replant no less than four (4) appropriately sized shade trees along the southeast portion of the customer parking area in accordance with the City’s Tree Preservation Ordinance. 4. All video signage shall be prohibited. 5. The outdoor storage and display of vehicles shall be restricted to the northern most parking lot identified as Inventory Parking in Exhibit B . This restriction does not apply to the day-to-da y operations that may involve temporarily moving vehicles. 147 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 6. No vehicles shall be stored overnight unless located within the inventory parking area as identified in Exhibit B . 7. The business hours of operations shall be restricted from 7:00 a.m. to 9:00 p.m . in accordance with the Crystal Lake Road Sub-Area Plan. 8. Any building façade improvements shall be in conformance with the recommendations of the Crystal Lake Road Sub-Area Plan. 9. No additional parking lot lighting shall be added unless required by federa l, state, or local law. 10. 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 §11-19-6 of the City of McHenry Zoning Ordinance hav e been met. SECTION 3: All ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 19th day of July, 2021. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 148 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 9 Exhibit A Legal Description of the Subject Property THAT PART OF THE NORTHEAST ¼ OF SECTION 34, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION WITH THE SOUTHWESTERLY LINE OF HANLEY AVENUE, WITH THE CENTER LINE OF CRYSTAL LAKE ROAD; ALSO BEING THE MOST SOUTHERLY CORNER OF BOONE VALLEY PLAT NO. 1 ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 10, 1965 AS DOCUMENT 452465; THENCE SOUTH 46 DEGREES 15 MINUTES WEST ALONG THE CENTER LINE OF SAID CRYSTAL LAKE ROAD 506.91 FEET TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 43 DEGREES 45 MINUTES WEST A DISTANCE OF 330.0 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES WEST 300.0 FEET; THENCE SOUTH 43 DEGREES 45 MINUTES EAST 330.4 FEET TO THE CENTER LINE OF CRYSTAL LAKE ROAD; THENCE NORTH 46 DEGREES 15 MINUTES EAST, 300.0 FEET TO THE PLACE OF BEGINNING (EXCEPT THAT PART THEREOF TAKEN FOR HIGHWAY PURPOSES) IN MCHENRY COUNTY, ILLINOIS 149 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 10 Exhibit B Site Plan 150 151 152 153 154 SStaff 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, Kevin Naleck (“Contract Purchaser”), is requesting approval of a Use Variance to allow an Open Sales Lot for the operation of a used car dealership in the C-2 Neighborhood Commercial District. The site consists of 2.0 acres, more or less, and is located on the west corner of the intersection of Lillian Street and Crystal Lake Road with a common address of 4502 W Crystal Lake Road. Formerly occupied by the First Midwest Bank with drive-thru, the petitioner is proposing to utilize the site for the purpose of used car sales. The business, South Elgin Auto Sales, currently operates out of an industrial park in South Elgin. The business’ primary method of marketing is through online advertisement and the petitioner is not requesting any sign variations. The existing drive-thru would be utilized as a car port when customers are processing the sale of a vehicle or when scheduled for a test drive. The overnight storage of vehicles would be located in the northern most parking lot behind the principal building and adjacent to the large garage. The petitioner would utilize the garage as a showroom and storage. The petitioner is not proposing to store any vehicles in the parking lot adjacent to the principal building which would serve as customer parking. There would be no more than two employees on site at a time. The petitioner has also agreed to install additional trees along the customer parking lot that is adjacent to the principal building. CITY OF MCHENRY ORDINANCES x The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS FUTURE LAND USE MAP RECOMMENDATION The future land use map recommends commercial land use on the subject property. The proposed commercial/retail auto sales use is in substantial conformance with the future land use map recommendation. CURRENT LAND USE AND ZONING The subject property is currently zoned C-2 Neighborhood Commercial District. The site was previously occupied by a financial institution with a drive-thru. The primary concern is how the proposed use will be compatible with the surrounding office, single-family residential, and commercial uses. 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. x Land Use, Objective – “Promote development that blends with existing development in the area especially if located within a unique sub-area”. o The subject property is located within the Crystal Lake Road Sub-Area. Development should be consistent with the plans recommendations. x Crystal Lake Road Sub-Area Plan – 155 o "Building design for new, non-residential uses shall be consistent with the residential flavor of the area. Hip and gable roofs are encouraged while flat roofs are discouraged. Construction materials shall be primarily of brick or masonry." (p. 15) The development is not proposing any changes to the site nor the exterior appearance unless desired by the Commission or City Council. Any changes to signage or lighting shall be required to conform with City Ordinances. Staff is also recommending, and the petitioner has agreed, to plant several trees in front of the detention area. Four large shade trees originally occupied the site but were removed sometime within the last two years. Staff have informed the petitioner that a condition of approval will be to plant trees in accordance with the City’s Tree Preservation Ordinance. o "Lighting restrictions shall be considered with each proposed development to minimize light trespass and glare on nearby residential land uses." (p. 15) The development is not proposing any changes to the existing lighting on site. Staff will be placing a restriction that will prohibit video screen signage. o "Noise restrictions shall be considered with each proposed development to minimize impacts on nearby land uses." (p. 15) Previously occupied by a drive-thru banking institution, a used car dealership generates less traffic than drive-thru oriented uses. The petitioner does not perform any automobile repair on site and partners with third-party automobile repair shops to service/repair vehicles. A restriction will be placed on the use to prohibit automobile repair and body work. o "Hours of operation shall be restricted...Retail shall maintain hours of operation, including loading and unloading, between 7 a.m. and 9 p.m." (p. 15) The petitioner’s existing hours of operations are 7:00 a.m. to 9:00 p.m.; however, staff will also include this time restriction as a condition of approval. (Staff Report Continues on Next Page) 156 SITE PLAN ANALYSIS The petitioner is not proposing any changes to the existing structures and parking lots. The site is in conformance with the City’s Off Street Parking and Loading Ordinance. Staff did discover that the previous owner removed several large trees adjacent to the customer parking area. Figure 1 shows the original trees on site in 2019 and figure 2 shows they have since been removed in 2021. Staff is requiring the petitioner replant trees in accordance with the City’s Tree Preservation Ordinance. The northern most parking lot is where the petitioner will be storing vehicles. According to McHenry County GIS, the proposed storage area is approximately 186 feet from the roadway as shown in Figure 3. Staff parked a vehicle and took a picture from the property line in Figure 2. Staff feels the 186-foot setback from the property line and the storage area would accommodate the storage of vehicles without negatively impacting the local character. Staff is recommending that the overnight storage of vehicles shall be restricted to the northern-most parking lot. Figure 1- Photo looking northwest from Crystal Lake Road. (Google Earth, 2019) Figure 2- Photo looking northwest from Crystal Lake Road. (Staff Photo, 2021) 157 Figure 3 - McHenry County GIS Measurement, Sales Lot setback distance from property line. SSTAFF RECOMMENDATION & MOTION In summary, staff is in agreement with the petitioner that the site is uniquely designed to adequately accommodate automobile sales without detracting from the community character. The primary concern is the overall look and feel of the site and its impact on the surrounding area. Given the 186-foot setback distance of the storage area from the southeast property line, staff believes the storage area would not negatively impact the surrounding properties. The business relies on online advertisement to market and sell vehicles as opposed to large video signage that is traditionally associated with automobile dealerships. Staff is recommending several conditions of approval to accommodate the request in accordance with the Crystal Lake Road Sub-Area Plan. Staff is also recommending several conditions related to landscaping, overnight storage, and signage to protect the surrounding neighborhood character. Staff does not object to the petitioner’s request and recommends approval subject to appropriate conditions. (Staff Report Continues on Next Page) 158 If the Planning & Zoning Commission agrees with staff’s assessment then the following motion is recommended: MOTION: I motion to approve the petitioner’s request for a use variance to allow an Open Sales Lot on the subject property subject to the following conditions: 1. The development shall be in substantial conformance with the submitted site plan. 2. Automobile repair and bodywork is prohibited on site. 3. The petitioner shall work with the Zoning Administrator to replant no less than four (4) appropriately sized shade trees along the southeast portion of the customer parking area in accordance with the City’s Tree Preservation Ordinance. 4. All video signage shall be prohibited. 5. The outdoor storage and display of vehicles shall be restricted to the northern most parking lot as identified in the site plan. This restriction does not apply to the day-to-day operations that may involve temporarily moving vehicles. 6. No vehicles shall be stored overnight unless located within the storage/display area. 7. The business hours of operations shall be restricted from 7:00 a.m. to 9:00 p.m. in accordance with the Crystal Lake Road Sub-Area Plan. 8. Any building façade improvements shall be in conformance with the recommendations of the Crystal Lake Road Sub-Area Plan. 9. 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. Staff believes the strict application of the provisions of the Zoning Ordinance would result in an unnecessary and undue hardship upon the applicant. The petitioner would otherwise not be able to utilize the property for said use. B. Reasonable Return. Staff believes the subject property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations. The city has experienced several bank sites sitting vacant for a number of years as online banking has shifted consumer preferences. C. Unique Circumstance. Staff believes the site design, layout, and large garage are uniquely positioned to accommodate the use. D. Not Alter Local Character. Staff does not believe approval of the request will generate any adverse impacts on the surrounding area. Staff believes the proposed restrictions and approximate 186-foot setback distance from the property line will protect and preserve the local character along with the tree planting requirement. E. Consistent With Title And Comprehensive Plan. The developer is proposing commercial use and the Future Land Use Map recommends commercial land use. Staff believes the overall request is consistent with the Title and Comprehensive Plan. Attachments: x Petitioner’s Application and attachments x Receipt of publication of legal notice 159 File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à Fax: (815) 363-2173 1. Name of Applicant Tel Address Fax Email ______________________________________________________ 2. Name of Property Owner Tel Address Fax Email ______________________________________________________ 3. Name of Engineer Tel Address Fax Email ______________________________________________________ 4. Name of Attorney Tel Address Fax Email ______________________________________________________ 5. Common Address or Location of Property 6. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) Zoning Variance – Minor (Residential) Conditional Use Permit Zoning Text Amendment Zoning Variance (Non-residential) Use Variance FORM A Page 3 of 19 &U\VWDO/DNH5RDG0F+HQU\,/ Kevin Naleck 630 862 0908 881 North Camden Lane South Elgin IL 60177 KNaleck@yahoo.com Amanda L Panozzo 708 576 7148 7800 West 95th St Hickory Hills IL 60457 N/A N/A N/A ✔ 160 NARRATIVE Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: Page 4 of 19 Hello, short description of the proposed plan for the closed bank located at 4502 Crystal Lake Rd., Mchenry. With your permission I would like to use this space to operate my small internet based used car dealership. We have been in business since 2015 and provide the community a convenient, honest, and affordable location to purchase a used car. There would be no changes to the existing structures, no changes to the existing parking lot, no effect on neighboring properties, and a vacant property would have a new lease on life. This would be a sales only location with all reconditioning being performed offsite and outsourced to other small business. I have been searching for a property like this for a long time and hope you are willing to give me the opportunity to serve the community and continue to build the business that provides for my family. 161 7. Current Use of Property 8. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning Map) 9. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map) North: South: East: West: 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee (amount) $ 2. Narrative Description of Request 3. FORM A – Public Hearing Application 4. FORM B – Zoning Map Amendment (Rezoning) Application 5. FORM C – Conditional Use Application 6. FORM D – Zoning Variance Application 7. FORM E – Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis Page 5 of 19 Vacant- Property was previously First Midwest Bank Property is currently zoned C-2 Neighborhood Commercial PDC Laboratories O-2 Office Park Crystal Lake Road Luce Orthodontics O-2 Office Park Ace Hardware C-3 Community Commercial 162 163 FORM E Page 1 of 2 FORM E File Number USE VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à Fax: (815) 363-2173 Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. The proposed use requires a "Use Variance" no matter the location in McHenry County. This zoning ordinance makes this process unavoidable for the proposed use. 2. Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. Thanks to online banking services many brick and mortar locations continue to close, over 3300 banks closed in 2020 alone. This property could remain vacant and eventually diapidate not only generating no return but becoming a hazard to the community. 3. Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. This Property is unique in the fact that it offers the perfect layout for the purposed use. With a private entrance, exit, indoor showroom space, sales office, and ample parking transitioining this vacant space into an operating retail auto sales makes perfect sense. 4. Not Alter Local Character The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. The granting of a variance will not alter the character, impair environmental quality, property values, public saftey, or welfare in the vicinity. Granting the variance will allow a vacant property to serve a new purpose supporting the community. The new business is primarily internet based, it requires no changes to the existing layout and the existing structures are a perfect fit. 164 FORM E Page 2 of 2 5. Consistent with Comprehensive Plan The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. This property is zoned for commercial use and according to the long term comprehensive plan it will remain commercial in the future. 165 166 167 168 169 SHAW MEDIA Printed 06/14/21 11:41 EST. 1851 PHONE: 815-459-4040PO BOX 250 FAX:CRYSTAL LAKE IL 60039-0250 Advertising Payment Receipt_________________________________________________________________________________ Account number:10069745 Account name:MCHENRY COUNTY PREPAID LE PO BOX 250CRYSTAL LAKE IL 60014 Phone number:815-459-4040 Payment number:1317696 Payment date:06/14/21 Amount:106.62 Payment description:CREDIT CARD PAYMENT MCHENRY COUNTY PREPAID LE Credit Card #:************6008 Approval Code:124188[398515334] Credit Holder Name:KEVIN KNALECK _________________________________________________________________________________ Ad Number:Class Code:1893758 C8100 Ad Taker:Salesperson:bbehr CL62 First Words:VARIANCE - NALECK 170 171 172 173