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HomeMy WebLinkAboutPacket - 2/22/2022 - 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 Tuesday, February 22, 2022, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 In light of the current COVID-19 public health emergency, this meeting will be held remotely only. The public can observe and participate by connecting online via Zoom at https://cityofmchenry.zoom.us/j/83948111213 Or call 312-626-6799, Meeting ID: 839 4811 1213 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.Resolution approving the Request to the Illinois State Legislature to Extend the City’s Downtown Tax Increment Finance District; B.Resolution establishing a list of pre-qualified engineering firms to provide consulting services for municipal engineering for the City of McHenry; (Public Works Director Strange) C.Authorization to Execute the Renewal of a Lease Agreement between the City of McHenry and Trey & Tom Corp d/b/a Main Street Station, located at 4005 W. Main Street; (City Administrator Morefield) D.Authorization to Execute the Renewal of Farm Lease Agreements between the City of McHenry and multiple operators for the following properties: Levy Property (w/David Laufer), Petersen Farm (w/Bauer Family), Riverside Hollow Property (w/Charles Schaefer), Petersen Ballfield Annex Property (w/Charles Schaefer), and Curran Road Property (w/Charles Schaefer); (Parks and Recreation Director Hobson) E.Authorization to Execute a Lease Agreement between the City of McHenry and All Marine Service for the South Harbor Piers, Property and Buildings through May 1, 2023; (Parks and Recreation Director Hobson) F.McHenry Area Chamber of Commerce Fiesta Days Event – 1) Acceptance of Fiesta Days Event Schedule covering the period July 7th through July 18th 2022; 2) Use of Parks, Police and Public Works for various services related to the event at 50% reduction of costs; 3) Special Event Liquor License; 4) Permission to post temporary advertising signs in the municipal right -of-ways; 5) Fireworks display on Sunday, July 10th; (Parks and Recreation Director Hobson) 1 G.McHenry Rotary Club Blues Brews and BBQs Event – 1) Use of Petersen Park to setup, host and cleanup from Thursday, August 18th through Monday, August 22nd; 2) Special Event Liquor License for the sale of beer, wine and malt liquor with drink ticket sales to cease 30 -minutes prior to park closure; 3) 50% reduction of charges for city services; 4) Permission to post temporary advertising signs in the municipal right-of-ways; (Parks and Recreation Director Hobson) H.Ordinance amending the FY21/22 Budget in the amount of $55,298.00; authorization to waive the competitive bid process and purchase a 2021 Ford F550 from Currie Motors in the amount of $55,298.00; and, authorize the Public Works Director to enter into a purchase agreement with JX Truck Center and purchase a 2023 Peterbilt 548 Truck subject to the terms of the agreement; (P ublic Works Director Strange, Police Chief Birk) I.Parks & Recreation Facilities & Special Use Permit Requests ; J.February 7, 2022 City Council Meeting Minutes; K.Issuance of Checks in the amount of $145,592.44; L.Issuance of As Needed Checks in the amount of $389,459.89. 6.Individual Action Item Agenda. A.Motion to approve an Ordinance granting a Use Variation for a 3-unit multifamily building at 1410 N. Riverside Drive. (Community Development Director Polerecky) B.Motion to adopt the Vacant Building Incentive Program as proposed. (Economic Development Director Martin) C.Motion to adopt Ordinances amending the McHenry City Code adding a new Title 3, Chapter 8, Imposing a New Electric Use Tax and new Chapter 9, Imposing a New Gas Use Tax; and, authorizing the execution of an agreement with NICOR for the collection and distribution of the natural gas use tax; (City Administrator Morefield) 7.Discussion Items. 8.Executive Session as needed. 9.Staff Reports. A.Staff Report for February 22, 2022 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 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA SUPPLEMENT DATE: February 22, 2022 TO: City Council FROM: Monte Johnson RE: Resolution for the extension of the TIF District AGENDA ITEM SUMMARY: It has been discussed on multiple occasions that the City needs to extend the TIF District to promote development in that area. Staff has been making plans for this extension and has gathered agreements from fellow taxing bodies for the support of this TIF extension. This resolution simply formalizes the Council’s support for the extension. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve a Resolution Approving the Request to the Illinois State Legislature to Extend the City’s Downtown Tax Increment Finance District 3 Resolution No. A Resolution Approving the Request to the Illinois State Legislature to Extend the City’s Downtown Tax Increment Finance District WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Resolution constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; WHEREAS, the statutes of the State of Illinois pursuant to the “Tax Increment Allocation Redevelopment Act,” 65 ILCS 5/ 11-74.4-1 et seq, as amended, hereinafter referred to as the “TIF Act,” provide for municipalities to create within their corporate boundaries Tax Increment Financing Redevelopment Areas, Plans and Projects and to amend such areas; WHEREAS, on April 15, 2002, the Mayor and City Council (the “Corporate Authorities”) of the City of McHenry adopted the following ordinances (collectively, the “Ordinances”) necessary to establish tax increment financing for what is known as the City of McHenry’s Downtown Tax Increment Finance District (the “TIF District”): 1.Ordinance Number ORD 02-1068: An Ordinance of the City of McHenry, McHenry County, Illinois Approving Downtown McHenry Redevelopment Project and Plan for the City of McHenry Tax Increment Redevelopment Project Area; and 2.Ordinance Number ORD 02-1069: An Ordinance of the City of McHenry, McHenry County, Illinois Designating the City of McHenry Tax Increment Redevelopment Project Area, a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act, as Amended; and 3. Ordinance Number ORD 02-1070: An Ordinance of the City of McHenry, McHenry County, Illinois Adopting Tax Increment Allocation Financing for the City of McHenry Tax Increment Redevelopment Project Area; WHEREAS, economic conditions delayed the full implementation of the TIF District’s Redevelopment Plan; WHEREAS, the Mayor and City Council have determined that the full redevelopment of the TIF District will not be achieved without extending the life of the TIF District for a period of twelve (12) years to compensate for the time lost due to the economic downturn of the 2000’s and the economic challenges associated with the COVID-19 pandemic; WHEREAS, the Mayor and City Council discussed the extension of the TIF District at their meeting of August 3, 2020 and the City Administration has continued to work on the possibility of such an extension; and 4 WHEREAS, the Mayor and City Council have concluded that it would be desirable and in the best interests of the City’s residents to extend the life of the existing TIF District for an additional twelve (12) years from the original date of termination for a total of thirty-five (35) years pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq., as amended. Now, therefore, be it resolved by the City Council of the City of McHenry, Illinois, as follows: Section 1: The Mayor and City Council of the City of McHenry hereby express their support for a legislative extension of the City’s TIF District for a period of twelve (12) additional years. Section 2: The City administration is directed to take action to seek such a legislative extension. Section 3: This Resolution be in full force and effect upon its adoption. Adopted this ___ day of ______________, 2022. Ayes: Voting Aye: Voting Nay: Absent: Abstain: APPROVED: (SEAL) Mayor Wayne Jett ATTEST: Deputy City Clerk Monte Johnson Z:\M\McHenryCityof\Resolutions\TIF-Extension.docx 5 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: February 22, 2022 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works Greg Gruen, P.E., Staff Engineer RE: Adoption of a Resolution establishing a list of pre-qualified engineering firms to provide consulting engineering services for municipal engineering for the City of McHenry ATT: Resolution Scoring Summary Request for Qualifications Document Updated Professional Engineering Services Contract AGENDA ITEM SUMMARY: Staff requests City Council to consider adoption of a Resolution establishing a list of pre-qualified engineering firms to provide consulting engineering services for municipal engineering for the City of McHenry. BACKGROUND: Up until 2016, the City of McHenry “sole-sourced” its engineering services to a single engineering firm that was appointed as the City Engineer; under this system the City of McHenry had no professional engineers on staff. Beginning in 2016, the City of McHenry began a hiring process of an “in-house” engineer and shortly thereafter, underwent a pre-qualification process to create a short-list of multiple professional engineering firms that City staff would be able to call on for proposals. Two lists were developed for the disciplines of Water/Wastewater projects and Transportation/Drainage projects. These lists have been utilized by staff for the past five years and most of the pre-qualified firms have performed work during this period. As part of this process, staff worked with the City attorney to develop a City standard professional engineering services contract to be utilized in place of contracts provided by engineering firms. This past fall, staff revised and adopted new consultant selection policies with the approval of the City Council and have developed new engineering services agreements to utilize in a new pre- qualification process. One significant change that staff has made is that there will no longer be 6 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. two pools of firms but rather one pool of firms qualified to perform general municipal engineering services. The revision of the professional engineering services contract will create a system in which each pre-qualified firm adopts a master agreement that is effective throughout the duration of the pre-qualification and then projects. The request for qualifications was released by staff on December 6, 2021 and statements of qualifications were accepted on January 19, 2022. Seventeen (17) firms submitted qualifications to the Public Works Department for consideration and qualifications were reviewed by a staff panel based upon the following criteria: (1) firm and key personnel experience with similar municipal work in the State of Illinois, (2) project understanding and approach as it relates to the proposed scope of services, (3) references, (4) proximity and availability to work in and with the City of McHenry along with understanding of City infrastructure and the Public Works Department, Competitive rates for professional services. ANALYSIS: Upon review and deliberation, the staff panel was able to reach a consensus on a pool of five (5) firms which are best qualified to meet the City’s requirements with regards to anticipated needs for municipal engineering services. Pre-Qualified Municipal Engineering Firms: •Baxter and Woodman, Inc. •Hampton Lenzini & Renwick, Inc. •HR Green, Inc. •Robinson Engineering, Ltd. •Trotter and Associates, Inc. RECOMMENDATION: Therefore, if Council concurs, it is recommended that the City Council adopt a Resolution establishing a list of pre-qualified engineering firms to provide consulting engineering services for municipal engineering for the City of McHenry. 7 R-22-____ RESOLUTION ESTABLISHING A LIST OF PRE-QUALIFIED CONSULTING ENGINEERING FIRMS FOR THE CITY OF MCHENRY WHEREAS, the City of McHenry, McHenry County, Illinois, is a home ru le municipa lity as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Resolution constitutes an exe rcise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, the City Council of the City of McHenry acknowledges the ben efits of devel oping and maintaining a list of pre-qualified engineering firms that can pro vide competitive pricing proposals for non - federally funded municipal engineering services, as determined by the Staff Engineer, Director of Public Works and City Administrator. WHEREAS, p ursuant to City Resolution No. R-16-023, the City has utilized a short-list of pre-qualified engineering firms for the past five (5) years. WHEREAS, th e City has solicited statements of qualifications from professional engineering firms and has rev iewed and ranked firms based upon qualifications in order to update its list of pre -qualified firms; and WHEREAS, the City has developed a new list of pre-qualified engineering firms that can provide c on- sulting engineerin g services to the City for non-federally funded municipal engineering projects, including pro- jects for State, MFT or TBP funded engineering and professional services, consis tent with 50 ILCS 510 and the City ’s current Qualifications Based Selection Procurement Policy . Now, therefore, be it resolved by the City Council as follows: Section 1: City Resolution No. R-16-023 adopted on December 19, 2 016, is hereby repealed. Section 2 : The following list of engineering co nsultants shall be available for co ntact by the City staff , at their discretion, for use on City municipal engineering services, where no federal funds are utilized to pay for the engineering services: Baxter & Woodman, Inc. Hampton, Lenzini, and Renwick, Inc. HR Green, Inc. Robinson Engineering, Ltd. Trotter and Associates, Inc. Section 3: For all City engineering services on where no federal funds are utilized to pay for the engineering services, the City Administrator is hereby authorized to solicit, from one or more of the engineering companies on the approved lists herein, Requests for Proposals and Professional Services Agreements with pric- ing, for City Council review and approval. Section 4. With regard to City engineering services where State, MFT or TBP funds are used in whole or in party for payment of engineering services , the City shall follow the requirements of 50 ILCS 510 and the City ’s current Qualifications Based Selection Procurement Policy for state funded projects. Section 4 : With regard to City engineering services where federal funds are used in whole or in part for payment of engineering services, the City shall follow the requirements of the Brooks Act 40 USC 1103(a), ap- plicable Federal and State regulations, and the City’s current Qualifications Based Selection Procurement Policy for f ederal f unded p rojects. Voting Aye: Voting Nay: Abstaining: Absent: Passed and approved this day of , 20 22. APPROVED: (SEAL) ATTEST: City Clerk Trisha Ramel Mayor Wayne S. Jett 8 CITY OF MCHENRY ENGINEERING PREQUALIFICATION 2022-2026 1/28/2022 Applied Technologies Baxter & Woodman BLA, Inc.Chastain & Assoc Christopher B Burke Eng.Ciorba Group Engineering Resource Associates Fehr Graham Gewalt Hamilton HLR Horner & Shifrin HR Green Manahard Consulting Robinson Engineering Thomas Engineering Trotter & Assoc V3 Companies REVIEWER #1 Experience 6 10 6 8 8 7 6 10 9 7 9 10 7 10 6 10 10 Understanding & Approach 7 9 8 8 7 9 6 10 7 9 10 10 7 10 6 9 8 References 8 10 7 9 10 9 5 8 8 9 7 9 7 9 6 8 7 Proximity 5 9 9 7 8 6 5 7 6 10 5 10 6 9 6 9 5 Rates 9 7 10 8 7 7 7 8 7 10 9 8 8 9 10 8 10 TOTAL REVIEWER #1 35 45 40 40 40 38 29 43 37 45 40 47 35 47 34 44 40 REVIEWER #2 Experience 6 9 8 8 9 7 8 8 8 9 8 10 9 9 7 9 9 Undersatnding & Approach 6 9 9 7 9 7 7 6 8 9 7 9 8 9 7 9 9 References 7 9 8 7 10 5 8 8 7 8 7 9 8 8 7 8 8 Proximity 5 10 8 7 9 6 7 6 8 9 6 10 8 10 7 8 8 Rates 10 7 7 8 7 8 10 10 7 8 9 8 9 8 9 8 9 TOTAL REVIEWER #2 34 44 40 37 44 33 40 38 38 43 37 46 42 44 37 42 43 REVIEWER #3 Experience 6 10 6 8 8 7 6 10 6 8 10 10 7 10 8 10 7 Undersatnding & Approach 6 8 9 8 8 6 7 8 6 8 7 9 8 7 8 8 8 References 8 10 10 10 10 10 8 10 10 10 10 10 10 10 10 10 10 Proximity 8 10 6 7 7 6 6 7 8 10 6 10 8 10 6 8 6 Rates 10 9 9 9 8 9 9 9 9 9 9 8 10 10 8 9 10 TOTAL REVIEWER #3 38 47 40 42 41 38 36 44 39 45 42 47 43 47 40 45 41 REVIEWER #4 Experience 7 9 8 8 9 8 6 9 8 8 8 9 8 9 7 8 9 Undersatnding & Approach 7 10 7 8 8 7 6 8 8 9 8 9 8 9 7 7 7 References 7 9 7 8 8 8 7 8 7 8 7 9 8 8 6 7 7 Proximity 5 10 7 5 6 5 6 6 7 8 4 10 8 8 6 9 6 Rates 8 8 7 7 7 7 7 7 7 9 8 7 8 8 9 8 8 TOTAL REVIEWER #4 34 46 36 36 38 35 32 38 37 42 35 44 40 42 35 39 37 AVERAGE SCORE 35.25 45.5 39 38.75 40.75 36 34.25 40.75 37.75 43.75 38.5 46 40 45 36.5 42.5 40.25 9 City of McHenry Public Works Department Request for Qualifications (RFQ) Municipal Engineering Services Pre -Qualification Period: 2022-2026 Response Due Date: January 19, 2022 Submit Sealed Proposals To: Troy Strange, P.E., Director of Public Works City of McHenry, Public Works Department 1415 Industrial Drive, McHenry, IL 60050 10 CITY OF MCHENRY, MUNICIPAL ENGINEERING SERVICES RFQ 2 Table of Contents Letter from the Director ............................................................................................................................... 3 Notice to Firms .............................................................................................................................................. 4 Community Background ............................................................................................................................... 4 Scope of Services .......................................................................................................................................... 4 Minimum Firm Qualifications ....................................................................................................................... 5 Submittal Requirements ............................................................................................................................... 6 Selection Process .......................................................................................................................................... 7 Selection Criteria ........................................................................................................................................... 7 Reservation of Rights .................................................................................................................................... 8 Confidentiality ............................................................................................................................................... 8 Compliance with Applicable Law .................................................................................................................. 9 Schedule ........................................................................................................................................................ 9 Questions and Addenda .............................................................................................................................. 9 Notification of Intent to Submit Qualifications ......................................................................................... 9 References ................................................................................................................................................. 10 Certification................................................................................................................................................ 11 Notification of Intention to Submit Qualifications Form ........................................................................ 12 11 CITY OF MCHENRY, MUNICIPAL ENGINEERING SERVICES RFQ 3 Letter from the Director To: Interested Professional Engineering/Consulting Firms Enclosed is a request for written Statements of Qualifications (SOQ’s) from professional engineering firms for prequalification to submit proposals to perform Municipal Engineering Services for the City of McHenry. The City of McHenry is requesting that firms review the enclosed Request for Qualifications (RFQ) and included Scope of Services and submit their SOQ on or before 3:00 p.m. (CST) on January 19, 2022. Each submittal must include the SOQ, complete References form (attached), and complete Certification form (attached). The City of McHenry will evaluate all submitted SOQ’s and develop a list of prequalified firms which will be eligible to submit proposals for specific projects during the prequalification period. The effective prequalification period will be from May 1, 2022, through April 30, 2026. The City of McHenry trusts that your firms will be interested in submitting a Statement of Qualifications for the prequalification period. Should you have any questions or require any additional information, please feel free to contact the Public Works Department. Any questions concerning this RFQ should be addressed to the Director of Public Works, Troy Strange, at tstrange@cityofmchenry.org or (815) 363-2186. Sincerely, Troy Strange, P.E. Director of Public Works City of McHenry Public Works Department 1415 Industrial Drive McHenry, Illinois 60050 MISSION 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. 12 CITY OF MCHENRY, MUNICIPAL ENGINEERING SERVICES RFQ 4 Notice to Firms The City of McHenry (herein called “City”) is inviting qualified and licensed professional engineering firms to submit their written Statement of Qualifications (SOQ’s) for Municipal Engineering Services. The City is seeking to select firms to provide general Municipal Engineering Services including water, sewer, stormwater, wastewater, transportation and development review assistance as outlined in the included Scope of Services for a multi-year prequalification period. The prequalification period will be four (4) years, beginning May 1, 2022 and ending April 30, 2026. The City intends on prequalifying a minimum of four (4) engineering firms from which the City will negotiate and enter into project specific task orders to perform design or consulting services. Community Background The City of McHenry is a vibrant community of over 27,000 people located in east-central McHenry County along the Fox River. The major corridors through the City include both Illinois Route 120 and Illinois Route 31. The City Departments include the City Administrator, Community Development, Economic Development, Parks and Recreation, Finance, Police, and the Public Works Department. The City currently has a Community Investment Plan (CIP) which reflects a desire to preserve, maintain, and improve the City’s inventory of buildings, streets, parks, and water and sewer facilities. The City has elected to complete an RFQ process to prequalify selected engineering firms to provide Municipal Engineering Services required to execute its CIP. In addition to the CIP, the City is in the process of developing a Streetscape Plan for the City’s three distinct downtown areas. A Tax Increment Financing (TIF) district is available for funding of projects within the TIF at the City’s discretion. Scope of Services 1.Grant writing and assistance with applications as requested. 2.Assist City in obtaining necessary permits from regulatory agencies for projects. 13 CITY OF MCHENRY, MUNICIPAL ENGINEERING SERVICES RFQ 5 3. Perform professional engineering services for transportation related projects including feasibility studies, design, bidding and construction assistance. 4. Perform transportation related studies and evaluations for intersection design studies, speed studies, traffic impact studies and IDOT bridge evaluations. 5. Perform water supply, storage and distribution related engineering services including feasibility studies, design, bidding and construction assistance. 6. Perform water related studies including hydraulic modeling, fire flow analysis and overall system evaluation. 7. Perform professional engineering services for wastewater collection, pumping and treatment including feasibility studies, design, bidding and construction assistance. 8. Perform wastewater collection and treatment related studies including lift station evaluation, inflow/infiltration analysis, sewer capacity analysis, NPDES permit assistance and wastewater process recommendations. 9. Perform survey related services including ALTA surveys, easement exhibits and topographical surveys. 10. Assist the City in the review of large-scale development projects for adherence to City ordinances and evaluate impact to City infrastructure. 11. Perform stormwater related professional engineering services including hydrology and hydraulic analysis, MS4 permitting assistance and local drainage evaluations. 12. Perform environmental engineering services including wetland delineations, asbestos surveys, CCDD certifications and assist the City to obtain IEPA No Further Remediation letters for City owned property. Minimum Firm Qualifications 1. Firms shall be licensed to provide professional engineering services in the State of Illinois. 2. Qualified and licensed personnel shall be available to be assigned to City projects as required by project specific needs. 3. Firms shall have a record of experience in municipal engineering work of a similar size and scope to that of the City of McHenry. 4. Qualified firms shall have extensive knowledge of local, state, and federal agencies standards, regulations, and requirements. 5. Firms should have the ability to perform a majority of the requested services with in-house staff. However, due to the broad scope of services requested and selection of multiple pre-qualified firms, submitting engineering firms are not expected to have the capability to perform every service. 14 CITY OF MCHENRY, MUNICIPAL ENGINEERING SERVICES RFQ 6 Submittal Requirements 1. Complete and email the attached Notification of Intention to Submit Qualifications Form to tstrange@cityofmchenry.org no later than January 12, 2022. This form will be used to define a point of contact for any addendums or clarifications. 2. Submit the Statement of Qualifications (SOQ) to the City of McHenry no later than 3:00 p.m. (CST) on January 19, 2022. 3. The SOQ is to be brief, concise and limited to the length specified and shall include only the following: a. Cover page (1 page) b. Table of Contents (1 page) c. Certification page (1 page) d. References page (1 page) e. A brief history of the firm (1 page) f. A statement of understanding and approach (1 page) g. A statement concerning local presence and the firm’s general knowledge of the City of McHenry’s infrastructure (1 page) h. A statement of the firm’s qualifications and capabilities (1 page) i. An organizational chart with key personnel and licensure information (1 page) j. A listing of relevant project experience (1 page) k. A detailed description of up to six (6) projects/studies with a summary, project cost, challenges, and unique solutions (6 pages, one page per project/study) l. A summary of standard hourly rates (2 pages) m. A listing of any revisions to the Standard Terms and Conditions of the Master Contract, if any (2 pages) 4. All SOQ’s must be signed by an authorized official. 5. Any and all exceptions taken to the terms and conditions defined in the RFQ shall be clearly noted by the submitting firm. If exceptions are taken, the term or condition in question shall be identified and the submitting firm shall indicate its preferred wording of such term or condition. Any modification of the terms and conditions of the RFQ are subject to negotiation and/or approval by the City of McHenry. 6. All SOQ’s are submitted to the City of McHenry, no later than 3:00 p.m. on January 19, 2022. 7. SOQ’s must be submitted in the following formats: One (1) Original SOQ Document, two (2) hard paper copies, and one (1) electronic copy (CD or USB Flash Drive). 8. The SOQ must be submitted in one (1) sealed envelope and must be plainly marked with the title “Municipal Engineering Services”. 9. The SOQ must be shipped to or dropped off in person at the following address: 15 CITY OF MCHENRY, MUNICIPAL ENGINEERING SERVICES RFQ 7 City of McHenry Public Works Department ATTN: Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 10. The SOQ shall be a clear response to the specific scope of the RFQ and shall not be a “boiler plate” type submittal or a general informational brochure for the submitting firm’s services. Selection Process The City will use the following general selection process to prequalify professional engineering firms which will be eligible to submit proposals for various municipal engineering projects over the course of the prequalification period. 1. Interested firms will provide an SOQ to the City based upon the guidelines detailed in this RFQ. 2. A Selection Committee will review the submitted SOQ packages based upon criteria developed by the Committee. 3. The City may request firms to participate in a prequalification process to include (but not necessarily limited to) a review of the firm’s engineering fee structure, a check of references, and any other follow-up activity deemed appropriate by the City. 4. Firms which have been selected for prequalification will then be formally notified of their selection and, if acceptable to all parties, will enter into a “Master Services Agreement” with the City. A copy of the Agreement is included for reference in this RFQ. 5. City staff will then request Task Order proposals to be completed for various items for the duration of the prequalification. Selection Criteria Firms will be evaluated based upon the following criteria: 1. Firm and key personnel experience with similar municipal work in the State of Illinois 2. Project understanding and approach as it relates to the proposed scope of services 3. References 4. Proximity and availability to work in and with the City of McHenry along with understanding of City infrastructure and the Public Works Department 5. Competitive rates for professional services 16 CITY OF MCHENRY, MUNICIPAL ENGINEERING SERVICES RFQ 8 Reservation of Rights The City of McHenry reserves the right to reject any or all Statement of Qualifications, to waive technical or legal deficiencies, to proceed or not to proceed with any subsequent proposal process, or to negotiate without further process any contract as may be in the best interest of the City of McHenry. The City of McHenry reserves the right to make such inquiries regarding the firm’s qualifications and reputation as it deems necessary to evaluate the firm. A firm’s selection for prequalification does not guarantee the award of any specific City engineering contracts to the prequalified firm. Selection for prequalification will allow prequalified firms to be eligible to submit proposals for future City engineering projects during the term of the prequalification period. Any project specific selection will be based upon a Request for Proposals process utilizing the list of prequalified firms. As a home rule municipality, the City of McHenry is not bound by the Local Government Professional Services Selection Act (50 ILCS 510/1 et. seq.) and the City Council is expected to waive those requirements in the selection of any bids or proposals. Selected firms may lose their prequalified status with the City if their qualifications change significantly after selection. Examples might include failing to maintain licensure, losing necessary qualifications, or changes in key personnel. Updates identifying any changes in qualifications will be required from the selected firms at any time that a selected firm submits a proposal or any specific City engineering project. Confidentiality The Director of Public Works shall examine the SOQ to determine the validity of any written requests for nondisclosure of trade secrets and other proprietary data identified. After the award of any contracts subsequent to this prequalification process, all responses, documents, and materials submitted by a firm pertaining to this RFQ will be public information and will be made available for inspection, unless otherwise determined by the Director of Public Works. All data, documentation, and innovations developed as a result of contractual services shall become property of the City. Based upon the public nature of the RFQ, a firm must inform the City in writing of the exact materials in the offer, which cannot be made part of the public record in accordance with the Illinois Freedom of Information Act (“FOIA”). In the event that any challenge to the assertion of confidentiality under the FOIA is challenged by a third party, the City will notify the firm, and the firm will be responsible for providing information, at its expense, supporting such claim of confidentiality. If the matter is thereafter disputed by a third party or the City, the firm shall be responsible for reimbursing the City of any legal costs associated with addressing such FOIA request. 17 CITY OF MCHENRY, MUNICIPAL ENGINEERING SERVICES RFQ 9 Compliance with Applicable Law By responding to this RFQ, each firm is confirming that they shall comply with all applicable statues, ordinances, codes, regulations, consent decrees, orders, judgments, rules, and all other requirements of any and all governmental or judicial entities that have jurisdiction over the City, the Firm, and any projects to be undertaken or bid upon. This includes but is not limited to all applicable Fair Employment and Anti- Discrimination Laws. The City of McHenry does not discriminate on the basis of disability or any other prohibited basis in the awarding of contracts. Schedule 12/06/21 RFQ Made Available 1/06/22 Deadline for Request for Information (RFI) 1/12/22 Submit Notification of Intention to Submit Qualifications Form 1/13/22 All RFI’s Closed, All Addenda Issued 1/19/22 Deadline for SOQ Submittal 1/20/22 Open Proposals and Staff Review of Qualification Commences 2/03/22 Begin Selection Committee Interviews, if needed 2/24/22 Finalize List of Prequalified Firms & Notify Firms Questions and Addenda All inquiries regarding this RFQ shall be submitted via email to the Director of Public Works, Troy Strange, at tstrange@cityofmchenry.org no later than January 6, 2022. The City of McHenry reserves the right to not respond to any or all inquiries. Responses will be provided in a written addendum with both inquiries and responses, without stating the source of the inquiry, via email no later than January 13, 2022. Notification of Intent to Submit Qualifications Prior to submitting an SOQ, a firm shall complete and return the attached Notification of Intent to Submit Qualifications Form which shall confirm a firm’s intention to submit their written SOQ. This form shall also be utilized to designate a point of contact for issuing addenda. Upon receipt of the Notification of Intent to Submit Qualifications Form, the City will acknowledge its receipt via email. 18 CITY OF MCHENRY, MUNICIPAL ENGINEERING SERVICES RFQ 10 References Agency: Address: General Office Telephone Number: Contact Person: Phone Number: Email: Agency: Address: General Office Telephone Number: Contact Person: Phone Number: Email: Agency: Address: General Office Telephone Number: Contact Person: Phone Number: Email: 19 CITY OF MCHENRY, MUNICIPAL ENGINEERING SERVICES RFQ 11 Certification I hereby certify that the information contained in this Statement of Qualifications, including all attachments thereto, is true and accurate to the best of my knowledge. Name: Signature: Title: Firm: Date: 20 CITY OF MCHENRY, MUNICIPAL ENGINEERING SERVICES RFQ 12 Notification of Intention to Submit Qualifications Form By submitting this form, the submitting firm acknowledges its intent to submit its written Statement of Qualifications in accordance with all deadlines and requirements specified in the Request for Qualifications. This form shall also be utilized to establish a primary point of contact for all Requests for Information and Addenda. All inquiries regarding this RFQ shall be submitted via email to Troy Strange, Director of Public Works, at tstrange@cityofmchenry.org no later than January 12, 2022. Firm: Contact: Title: Email: Date: 21 City of McHenry Master Services Contract ver111721 Master Contract Between the City of McHenry And [Consultant] For Professional Engineering Services TABLE OF CONTENTS Page ARTICLE 1. THE SERVICES ....................................................................................................... 1 1.1 Intent; Conflicts ...................................................................................................... 1 1.2 Task Orders ............................................................................................................. 1 1.3 Project Time ............................................................................................................ 1 1.4 Term; Extensions .................................................................................................... 1 1.5 No Guarantee of Work; Other Contracts ................................................................ 1 1.6 Responsibility of Consultant to Perform ................................................................. 2 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 ....................................................................................................................... 3 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 PROJECT AND SERVICES ............................................... 4 3.1 Standard of Performance ......................................................................................... 4 3.2 Correction of Defects .............................................................................................. 4 3.3 Risk of Loss ............................................................................................................ 4 3.4 Opinions of Probable Cost ...................................................................................... 4 3.5 Responsibility for Work by Contractors ................................................................. 4 3.6 City Responsibilities ............................................................................................... 5 3.7 Time of the Essence. ............................................................................................... 6 3.8 Suspension of Services, Project .............................................................................. 6 22 ii ARTICLE 4. TASK CHANGE ORDERS; DELAYS .................................................................... 6 4.1 Task Change Orders ................................................................................................ 6 4.2 Revision Notices ..................................................................................................... 6 4.3 Disagreements over Task Change Order Terms ..................................................... 6 4.4 No Change in Absence of Task Change Order ....................................................... 6 4.5 Delays ..................................................................................................................... 7 ARTICLE 5. INSURANCE ............................................................................................................ 7 5.1 Insurance. ................................................................................................................ 7 5.2 Scope of Coverage .................................................................................................. 7 5.3 Minimum Limits of Coverage ................................................................................ 7 5.4 Deductibles and Self-Insured Retentions ................................................................ 8 5.5 Additional Requirements ........................................................................................ 8 5.6 Verification of Coverage ......................................................................................... 9 5.7 Sub-Consultants and Suppliers ............................................................................... 9 ARTICLE 6. INDEMNIFICATION ............................................................................................... 9 6.1 Agreement to Indemnify ......................................................................................... 9 6.2 Notice of Claim to Consultant. ............................................................................. 10 6.3 No Limit Based on Insurance ............................................................................... 10 6.4 Withholding Payment ........................................................................................... 10 6.5 Limit on Duty to Indemnify .................................................................................. 10 ARTICLE 7. INFORMAL DISPUTE RESOLUTION ................................................................ 10 7.1 Arbitration ............................................................................................................. 10 7.2 Mediation. ............................................................................................................. 11 7.3 Performance of Services ....................................................................................... 11 ARTICLE 8. TERMINATION ..................................................................................................... 11 8.1 Master Contract is At-Will. ................................................................................... 11 8.2 Termination by City for Breach. ........................................................................... 11 8.3 City Remedies ....................................................................................................... 11 8.4 Termination for Convenience ............................................................................... 12 8.5 Termination by Consultant for Breach. ................................................................ 12 8.6 Termination by Consultant without Cause ........................................................... 12 ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS ...................... 12 9.1 Consultant as Independent Consultant .................................................................. 12 23 iii 9.2 Compliance with Laws; Communications with Regulators .................................. 12 9.3 Consultant Payments; Waivers of Liens ............................................................... 12 9.4 Permits and Licenses ............................................................................................. 12 9.5 Safety; Hazardous Materials ................................................................................. 13 9.6 Intellectual Property .............................................................................................. 13 9.7 Confidential Information ...................................................................................... 13 9.8 Ownership of Data and Documents ...................................................................... 13 9.9 Copyrights and Patents ......................................................................................... 14 9.10 Notices .................................................................................................................. 14 9.11 No Waiver by City. ............................................................................................... 14 9.12 No Third-Party Beneficiaries ................................................................................ 14 9.13 Survival of Terms ................................................................................................. 14 9.14 Assignments. ......................................................................................................... 15 9.15 Amendments ......................................................................................................... 15 9.16 Governing Law ..................................................................................................... 15 9.17 Compliance with Laws, Grant Regulations .......................................................... 15 9.18 Representation of No Conflicts ............................................................................. 15 9.19 No Collusion. ........................................................................................................ 15 24 City of McHenry Master Services Contract ver111721 Master Contract Between the City of McHenry And [CONSULTANT] For Professional Engineering Services This contract (the “Master Contract”) is dated as of ________________, ____ (the “Effective Date”) and is by and between the City of McHenry (the “City”) and [CONSULTANT] (the “Consultant”). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE 1. THE SERVICES 1.1 Intent; Conflicts. It is the intent of the parties that this Master Contract govern the relationship of the parties. Specific terms related to a project will be contained in a task order as provided in Section 1.2. In the event of a conflict between the provisions of this Master Contract and any task order, then provisions of this Master Contract will apply and control. The parties intend for this Master Contract to comply with all applicable Illinois statutes, regulations, and local ordinances, including the Illinois Department of Transportation, Bureau of Local Roads & Streets, requirements for professional services agreements. 1.2 Task Orders. The Consultant will perform services for the City from time to time as set forth in written task orders issued by the City on a project-by-project basis (the “Services”), provided, however, that any task order in an amount exceeding $25,000 must be approved by the City Council. A task order will be in the form generally as provided in Attachment A attached to and by this reference incorporated into this Master Contract (a “Task Order”) and in final form acceptable to the City and executed by the Parties. Each Task Order will include the Services to be performed under that Task Order (collectively a “Project”). 1.3 Project Time. Each Task Order will include a time schedule for the Project (a “Project Schedule”) including without limitation a date for completion of the Project (the “Project Completion Date”). 1.4 Term; Extensions. The term of this Master Contract shall expire four (4) years after the Effective Date unless terminated earlier pursuant to Article 8 of this Master Contract (the “Term”). All terms of this Master Contract, including without limitation pricing terms, are firm during the Term, unless a change is explicitly agreed to by the City in a Task Order. The Parties may extend this Master Contract for two additional one-year periods (each an “Extended Term”). Pricing terms may be adjusted by agreement at the beginning of an Extended Term. 1.5 No Guarantee of Work; Other Contracts. This Master Contract does not guarantee that the Consultant will be awarded Projects by the City, and the City has no duty or obligation to award Projects to the Consultant. Also, the City may enter into master contracts with other consultants, pursuant to which the City may award work from time to time at the City’s discretion. 25 City of McHenry Master Services Contract ver111721 2 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 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 Master Contract and the relevant Task Order. All Services performed by any sub-consultant or supplier are subject to all of the provisions of this Master Contract and the relevant Task Order 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 Master Contract or the relevant Task Order, 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. Each time when executing a Task Order, 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 Project set forth in the Task Order in full compliance with, and as required by or pursuant to, the Task Order and this Master 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 amounts set forth in Attachment B attached to and by this reference incorporated into this Master Contract (the “Pricing Schedule”). The Parties may agree to different or additional pricing terms in a Task Order (“Project-Specific Pricing”). Except for the Compensation and any Project-Specific Pricing, the City will have no liability for any expenses or costs incurred by the Consultant. 2.2 Monthly Payment; Invoices. The Compensation for a Project will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis, unless the Parties agree in a Task Order to a different schedule, 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 Project is 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 Project is to be performed in separate phases, for each phase, and (c) the estimated percent completion of the Project and, if the Project is to be performed in separate phases, for each phase. 26 City of McHenry Master Services Contract ver111721 3 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 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. A Project, or a phase of a Project, 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 and any Project-Specific Compensation, after deducting therefrom charges, if any, as provided in this Master Contract or the relevant Task Order (“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 Master 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 correcting any of the matters stated in this Section or exercising any one or more of the City’s remedies set forth in Section 8.3 of this Master Contract. The City will notify the Consultant in writing given in accordance with Section 9.10 of this Master 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 Master Contract. Copies of such material must be furnished to the City at the City’s request and expense. 27 City of McHenry Master Services Contract ver111721 4 ARTICLE 3. PERFORMANCE OF PROJECT AND 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 conform to the requirements of this Master Contract and applicable Task Order, 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, unless specifically provided otherwise in a Task Order. 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, so long as that notice of the defects is given by the City to the Consultant within two years after completion of the Services. 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 caused by 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 Master Contract or any Task Order, 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 Master Contract or a Task Order 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 Responsibility for Work by Contractors. Except as provided in a Task Order, and subject to the next sentence of this Section 3.5, the Consultant is not responsible for a contractor’s construction means, methods, techniques, sequences or procedures, time of performance, compliance with law, or safety precautions and programs, and the Consultant does not guarantee the performance of a contractor. Nothing in the previous sentence may be construed or applied to limit the responsibility of the Consultant to properly perform, or the liability of the Consultant for failure to properly perform, all of the Services required by the Consultant under this Master 28 City of McHenry Master Services Contract ver111721 5 Contract or a Task Order, which Services may include contract and work oversight, inspections of work performed by a contractor, contract compliance services, and similar services. 3.6 City Responsibilities. Except as provided in this Master Contract or in a Task Order, the City, at its sole cost and expense, will have the following responsibilities: (a) To designate a person with authority to act as the City’s representative on each Project. In the absence of a written designation, the City’s representative will be the City’s Director of Public Works and Engineering. The City’s representative will have the authority to act on behalf of the City as provided in a Task Order, except on matters that require approval of the City Council. (b) To provide to the Consultant all criteria and information about the requirements for a Project or 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 a Project. (d) To arrange for access to, and make provisions for the Consultant to enter on, public and private property as reasonably required for a Project. (e) To provide, as relevant, surveys describing physical characteristics, legal limitations, and utility locations for a Project and the services of other consultants when the 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 a Project, 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 a Project 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 Master 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 a Project. (j) To attend Project-related meetings. (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 29 City of McHenry Master Services Contract ver111721 6 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 Master Contract or any Task Order. 3.7 Time of the Essence. Time is of the essence for each Project and all activities with regard to the performance of a Project. 3.8 Suspension of Services, Project. The City, at any time and for any reason, may suspend work on any or all Services or Project 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. TASK CHANGE ORDERS; DELAYS 4.1 Task 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 Task Order (a “Task Change Order”) provided, however, that any Task Change Order in an amount exceeding $10,000 must be approved by the City Council. The Task Change Order will be generally in the form attached to and by this reference incorporated into this Master Contract as Attachment C. The Consultant may request a Task Change Order based on a material change to a Project or any Services required as part of a Project. A Task Change Order may include additions to and deletions from the Services and will include any equitable increases or decreases to the Compensation for the Project. 4.2 Revision Notices. Within 10 days after the date of a Task Change Order, and in any event before the Consultant begins work on any changed Services, the Consultant must notify the City in writing if the Consultant desires a revision to the Task 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 Task 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 Task Change Order and the Task Change Order will be final. 4.3 Disagreements over Task Change Order Terms. If the City and the Consultant cannot agree on the proposed revisions to the Compensation or Project Schedule terms of a Task Change Order, then the Parties will apply the dispute resolution provisions of this Master Contract in order to reach agreement. In that event, the Consultant must proceed diligently with the revised Services as directed by City pending resolution of the disagreement. The Consultant will be compensated equitably for the work the Consultant undertakes during the disagreement resolution process. 4.4 No Change in Absence of Task Change Order. No claim for an adjustment in Compensation or Project Schedule will be made or allowed unless it is embodied in a Task 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 Task Change Order, then the Consultant may submit to the City a written request for the issuance of, or revision of, a Task Change Order including the desired adjustment. The 30 City of McHenry Master Services Contract ver111721 7 Consultant’s request must be submitted before the Consultant proceeds with any Services for which an adjustment is desired. 4.5 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 Master Contract, insurance as provided in this Article 5. 5.2 Scope of Coverage. (a) Commercial General Liability. Insurance Services Office Commercial General Liability occurrence form CG 0001, on a form at least as broad as the attached sample endorsement including ISO Additional Insured Endorsement CG 2010 (Exhibit A), CG 2026 (Exhibit B). (b) Automobile Liability. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 “Any Auto.” (c) Professional Liability. Indemnification and defense for injury or damage arising out of negligent acts, errors, or omissions in providing professional services. (d) Workers’ Compensation and Employers’ Liability. Workers’ Compensation as required by the Workers’ Compensation Act of the State of Illinois and Employers’ Liability insurance. 5.3 Minimum Limits of Coverage. (a) Commercial General Liability. $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. (b) Business Automobile Liability. $1,000,000 combined single limit per accident for bodily injury and property damage. 31 City of McHenry Master Services Contract ver111721 8 (c) Workers’ Compensation and Employers’ Liability. Workers’ Compensation Coverage with statutory limits and Employers’ Liability limits of $500,000 per accident. (d) Professional Liability. $1,000,000 each claim with respect to negligent acts, errors, and omissions in connection with all professional services to be provided under this Master Contract and any Task Order, with a deductible not-to-exceed $150,000 without prior written approval. 5.4 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, employees, agents, and representatives or the Consultant must procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. This provision does not apply to Paragraph 5.3(d) above. 5.5 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, employees, agents, and representatives must be covered as additional insureds 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, employees, agents, and representatives. (b) Primary Coverage. The insurance coverage must be primary with respect to the City and its officials, employees, agents, and representatives. Any insurance or self-insurance maintained by the City and its officials, employees, agents, and representatives will be excess of the Consultant’s insurance and will not contribute with it. (c) Reporting Failures. All policies shall provide, by endorsement or otherwise, that any failure to comply with reporting provisions of any policy must not affect coverage provided to the City and its officials, employees, agents, and representatives. (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. (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, employees, agents, and representatives as additional insureds 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. 32 City of McHenry Master Services Contract ver111721 9 (g) Workers’ Compensation and Employers’ Liability Coverage. The insurer must agree to waive all rights of subrogation against the City and its officials, employees, agents, and representatives 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 Master 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 by this clause must be endorsed to state that coverage will not be suspended, voided, cancelled, or reduced in coverage or in limits except after 30 days prior written notice to the City by certified mail, return receipt requested. (j) Acceptability of Insurers. Unless specifically approved in writing in advance by the City, all insurance must be placed with insurers with a Best’s rating of no less than A-, VII. All insurers must be 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. Each sub-consultant also must agree to this waiver. 5.6 Verification of Coverage. The Consultant must furnish the City with certificates of insurance naming the City and its officials, employees, agents, and representatives as additional insureds 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 and in any event must be received and approved by the City before any work commences. Other additional-insured endorsements may be utilized if they provide a scope of coverage at least as broad as the coverage stated on the ISO Additional Insured Endorsements CG 2010 or CG 2026. The City reserves the right to request a full certified copy of each insurance policy and endorsement. 5.7 Sub-Consultants and Suppliers. The Consultant must include all sub-consultants as insureds under its policies or must furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirements stated in this Article 5, except its professional liability policy. 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”) as follows: 33 City of McHenry Master Services Contract ver111721 10 (a) Against all injuries, deaths, losses, damages, claims, patent claims, suits, liabilities, judgments, costs, and expenses (collectively “Professional Liability 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 negligent performance of any professional 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; (b) Against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs, and expenses (collectively “General Liability 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 negligent act or omission of the Consultant or its employees or sub-consultants other than any professional Service or that may in any way result therefrom, except only General Liability Claims arising out of the sole legal cause of the City; and (c) Against all damages, costs, and expenses, including attorney fees incurred by the City for any failure by the Consultant to comply with insurance reporting provisions of any Consultant insurance policy adversely affecting coverage provided to the indemnified parties. 6.2 Notice of Claim to Consultant. The City must provide notice of a Claim to the Consultant within 10 business days after the City acquires knowledge of that Claim. 6.3 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, nor will it limit the scope of indemnification required under this Master Contract. 6.4 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. 6.5 Limit on Duty to Indemnify. The Consultant is not required to indemnify an Indemnified Party to the extent a Claim resulted primarily from the negligence or willful misconduct of the Indemnified Party. ARTICLE 7. INFORMAL DISPUTE RESOLUTION 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. Green 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 34 City of McHenry Master Services Contract ver111721 11 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. 7.2 Mediation. The parties may agree to mediate any dispute between the City and the Consultant related to this Master Contract or a Task Order. All communications between the Parties in connection with the attempted resolution of a dispute will be confidential and will deemed to have been delivered in furtherance of dispute settlement and thus will be exempt from discovery and production, and will not be admissible in evidence whether as an admission or otherwise, in any arbitration, judicial, or other proceeding for the resolution of the dispute. 7.3 Performance of Services. During the dispute resolution process, the Consultant must proceed diligently with the performance of Services. ARTICLE 8. TERMINATION 8.1 Master Contract is At-Will. This Master 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 Master 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 compensation of any kind, including without limitation for lost profit, for any Services not performed by the Consultant. 8.2 Termination by City for Breach. The City at any time, by written notice, may terminate this Master Contract and any Task Order on account of breach by the Consultant and failure of the Consultant to cure the breach within 10 days after that written notice or such further time as the City may agree, in the City’s sole discretion, in response to a written notice from the Consultant seeking additional time to cure. “Breach” by the Consultant includes (a) failure of the Consultant to adhere to any terms or conditions of this Master Contract or any Task Order, (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 Project within the Project Schedule, (d) failure of the Consultant to have or maintain adequate financial or legal capacity to properly complete a Project or any Services. 8.3 City Remedies. If the City terminates this Master Contract or any Task Order 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 under any Task Order 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 35 City of McHenry Master Services Contract ver111721 12 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 have 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 Master 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 Master Contract. 8.5 Termination by Consultant for Breach. The Consultant at any time, by written notice, terminate this Master 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. 8.6 Termination by Consultant without Cause. The Consultant may terminate this Master Contract without cause on 30 days written notice to the City, except that no such termination will become effective until after the Consultant has completed, and the City has approved and accepted, all Projects for which Task Orders have been issued and all Services related to those Projects. 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 Master Contract or a Task Order, 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. 9.3 Consultant Payments; Waivers of Liens. The Consultant must pay promptly for all services, labor, materials, and equipment used or employed by the Consultant in the performance of any Services and must not cause any materials, equipment, structures, buildings, premises, and property of the City to be impressed with any mechanic’s lien or other liens. The Consultant, if requested, must provide the City with reasonable evidence that all services, labor, materials, and equipment have been paid in full and with waivers of lien as appropriate. 9.4 Permits and Licenses. Unless otherwise provided in a Task Order, the Consultant must obtain and pay for all permits and licenses, registrations, qualifications, and other 36 City of McHenry Master Services Contract ver111721 13 governmental authorizations required by law that are associated with the Consultant’s performance of Services. 9.5 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, 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. 9.6 Intellectual Property. The Consultant may not infringe on any intellectual property (including but not limited to patents, trademarks, or copyrights) (collectively “Intellectual Property”) in the performance of Services. If ever the Consultant is alleged to have infringed on any Intellectual Property, then, in addition to the Consultant’s obligations to indemnify Indemnified Parties under this Master Contract, the Consultant also, at the sole discretion of the City and at the Consultant’s sole expense (a) procure for the City the right to continue using the infringing subject matter, or (b) replace or modify the infringing subject matter so that it becomes non-infringing but still complies with the requirements of this Master Contract and the relevant Task Order, or (c) reimburse the City for all payments made to the Consultant relating to or impacted by the infringing material and all costs incurred by City resulting from such infringement. 9.7 Confidential Information. All information and data disclosed by the City and developed or obtained under this Master Contract must be treated by the Consultant as proprietary and confidential information (“Confidential Information”). The Consultant must not disclose Confidential Information without the City’s prior written consent. No person may use Confidential Information for any purpose other than for the proper performance of Services. The obligations under this Section 9.7 does not apply to Confidential Information that is (i) in the public domain without breach of this Contract, (ii) developed by the Consultant independently from this Master Contract, (iii) received by the Consultant on a non-confidential basis from others who had a right to disclose the information, or (iv) required by law to be disclosed, but only after prior written notice has been received by City and City has had a reasonable opportunity to protect disclosure of the Confidential Information. The Consultant must ensure that the foregoing obligations of confidentiality and use extend to and bind the Consultant’s sub-consultants and suppliers. 9.8 Ownership of Data and Documents. All data and information, regardless of its format, developed or obtained under this Master 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 37 City of McHenry Master Services Contract ver111721 14 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. 9.9 Copyrights and Patents. The Consultant agrees not to assert, or to allow persons performing under the Consultant’s control to assert, any rights to Data or establish any claim under design, patent, or copyright laws. It is expressly agreed that all copyrightable or patentable Data produced as part of Services has been specifically commissioned by the City and is considered “work for hire,” and that all copyrightable and other proprietary rights in that Data will vest solely in the City. Further, the Consultant agrees that all rights under copyright and patent laws under this Master Contract belong to the City. The Consultant hereby assigns any and all rights, title, and interests under copyright, trademark, and patent law to the City and agrees to assist the City in perfecting the same at the City’s expense. 9.10 Notices. Any notice or communication required by this Master 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 of McHenry Zukowski, Rogers, Flood & McArdle Public Works and Engineering Department 50 Virginia Street 1415 Industrial Drive Crystal Lake, IL 60014 McHenry, Illinois 60050 Attn: David McArdle Attn: Director of Public Works and Engineering 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. 9.11 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 Master 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 Master Contract or any remedy, power, or right of the City. 9.12 No Third-Party Beneficiaries. This Master 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 Master Contract. 9.13 Survival of Terms. Termination will not affect accrued rights, indemnities, existing commitments, or any contractual provision intended to survive termination and will be without penalty or other additional payment. Any right or obligation of the parties in this Agreement which, by its express terms or nature and context is intended to survive termination or expiration of this Agreement, will survive any such termination or expiration. 38 City of McHenry Master Services Contract ver111721 15 9.14 Assignments. The Consultant may not assign or transfer any term, obligation, right, or other aspect of this Master Contract without the prior express written consent of the City. If any aspect of this Master 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 Master Contract. The terms and conditions of any agreement by the Consultant to assign or transfer this Master Contract must include terms requiring the assignee or transferee to fully comply with this Master Contract unless otherwise authorized in writing by the City. 9.15 Amendments. This Master Contract may be amended only in writing executed by the City and the Consultant. 9.16 Governing Law. The validity, construction, and performance of this Master 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. 9.17 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 Master Contract or any Task Order. 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 perfo1mance of, or failure to properly perform, any Services. 9.18 Representation of No Conflicts. The Consultant represents that (1) no City employee or agent is interested in the business of the Consultant or this Master 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 Master 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 Master Contract. 9.19 No Collusion. The Consultant represents that the Consultant is not banned 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 A1ticle 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 Contract as principals are those disclosed to the City prior to the execution of this Master Contract and that this Master Contract is made without collusion with any other person, firm, or corporation. 39 City of McHenry Master Services Contract ver111721 16 WHEREFORE, the City and the Consultant have caused this Master Contract to be executed by their duly authorized representatives as of the Effective Date. CITY OF MCHENRY [CONSULTANT] By: By: Name: Name: Title: Title: 40 City of McHenry Master Services Contract ver111721 17 ATTACHMENT A TASK ORDER In accordance with Section 1.2 of the Master Contract dated ___________, 20___ between the City of McHenry (the “City”) and [CONSULTANT]. (the “Consultant”), the Parties agree to the following Task Number : 1.Contracted Services: 2.Project Schedule (attach schedule if appropriate): 3.Project Completion Date: All Contracted Services must be completed on or before: , 20 . 4.Project Specific Pricing (if applicable): 5.Additional Changes to the Master Contract (if applicable): ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED [signature page follows] 41 City of McHenry Master Services Contract ver111721 18 CITY CONSULTANT Signature Signature Director of Public Works And Engineering Printed Name , 20 , 20 Date Date If greater than, $2,500 the City Manager’s signature is required. Signature City Manager , 20 Date If compensation greater than $25,000, then the City Council must approve the Services Change Order in advance and the City Administrator or Mayor’s signature is required. Signature City Administrator , 20 Date 42 City of McHenry Master Services Contract ver111721 19 SAMPLE – TO BE SUPPLIED BY EACH ENGINEERING FIRM ATTACHMENT B PRICING SCHEDULE [CONSULTANT] Billing Rate Schedule Effective January 1, 2022 Professional Services Billing Rate Range Principal Senior Professional Professional Junior Professional Senior Technician Technician Senior Field Personnel Field Personnel Junior Field Personnel Administrative Coordinator Administrative Corporate Admin Operators/Interns Reimbursable Expenses 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2. Auto mileage will be charged per the standard mileage reimbursement rate established by the Internal Revenue Service. Survey and construction vehicle mileage will be charged on the basis of $0.__ per mile or $______ per day. 3. Charges for sub-consultants will be billed at their invoice cost plus 10%. 4. All other direct expenses will be invoiced at cost plus 10%. 43 Task Change Order: Task Number ____ City of McHenry Master Services Contract ver111721 ATTACHMENT C TASK CHANGE ORDER FOR TASK NUMBER In accordance with Section 4.1 of the Master Contract dated ____________, 20 ___ between the City of McHenry (the “City”) and [CONSULTANT] (the “Consultant”), the Parties agree to the following Task Change Order for Task Number _____: 1. Change in Contracted Services: 2. Change in Project Schedule (attach schedule if appropriate): 3. Change in Project Completion Date: All Contracted Services must be completed on or before , 20 4. Change in Compensation: 5. Change in Project Specific Pricing (if applicable). ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED [signature page follows] 44 Task Change Order: Task Number ____ City of McHenry Master Services Contract ver111721 CITY CONSULTANT Signature Signature Director of Public Works And Engineering Printed Name , 20 , 20 Date Date If compensation increase greater than $2,500, then the City Manager’s signature is required. Signature City Manager , 20 Date If compensation greater than $25,000, then the City Council must approve the Services Change Order in advance and the City Administrator or Mayor’s signature is required. Signature City Administrator , 20 Date 45 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA SUPPLEMENT DATE: February 22, 2022 TO: City Council FROM: Monte Johnson RE: Renewal of lease for Main Street Station AGENDA ITEM SUMMARY: In February of 2021 the City entered into a lease agreement with Trey & Tom Corp for the Main Street Station at 4005 W Main Street. The lease is renewable for another year with the agreement by both parties. Trey & Tom Corp and the City both wish to renew this lease for another year. A copy of the lease is attached. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to Execute the Renewal of a Lease Agreement between the City of McHenry and Trey & Tom Corp d/b/a Main Street Station, located at 4005 W. Main Street 46 47 48 49 50 51 52 53 54 55 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation CONSENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation FOR: February 22, 2022 Regular City Council Meeting RE: Farm Lease Agreements Following are recommendations to renew two of the tenant farm lease agreements for properties owned by the City of McHenry. The term for each lease is one-year commencing on March 1, 2022, to February 28, 2023. Laufer Lease (Levy Property). Attached is a lease agreement with Mr. Laufer to farm approximately 24.5 acres. Staff proposes a price per acre of $123, for a total of $3,014 for the term of the lease. Bauer Family Lease. Attached is a lease agreement to farm approximately 58-acres with Kevin Bauer and his mother Georgia Bauer. The city first leased this property to the Bauer Family in 2015. Staff proposes a price per acre of $182, for an annual payment of $10,556. Schaefer Lease (Riverside Hollow Property). Attached is a lease agreement with Mr. Schaefer to farm approximately 12 acres. Staff proposes a price per acre of $110, for a total of $1,320 for the term of the lease. Schaefer Lease (Petersen Ballfield Annex Property). Attached is a lease agreement with Mr. Schaefer to farm approximately 20 acres. Staff proposes a price per acre of $123, for a total of $2,460 for the term of the lease. Schaefer Lease (Curran Road Property). Attached is a lease agreement with Mr. Schaefer to farm approximately 9 acres. Staff proposes a total of $500 for the term of the lease. The City is honoring a previous lease that was in place. If Council concurs, it is recommended to consider a motion to enter into the a bove lease agreements as presented. 56 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation CONSENT AGENDA SUPPLEMENT DATE: February 22, 2022 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: Marina Lease ATT: Proposed Lease for the South Harbor AGENDA ITEM SUMMARY: The lease with D’s Marina for the use of the harbor slips, property and buildings expired on September 30, 2021. Due to difficulties with the previous lessor, staff identified a new party that is amenable to a short-term lease for the marina operations. Staff is proposing a new lease with All Marine Retro Rentals for all marina operations from March 1, 2022 to May 1, 2023. BACKGROUND: The city of McHenry has had a long-standing relationship with the previous operators of D’s Marine in the leasing rights to the South Harbor boat slips, property and buildings. The property was sold to a new operator last year. Unfortunately, the city had some ongoing issues with the new owner and the last lease which expired on September 30, 2021. The city had proposed a short-term storage lease to the current owner of D’s Marina, however there has again been much difficulty coming to terms on a lease. The City of McHenry is also hoping to identify a developer for the South Harbor site along with the former Central Wastewater Treatment Plant site. Two separate RFP processes have been undertaken to do so; and since there is not currently a developer in place, boat owners will not be displaced ad marina operations can continue for at least another summer (2022) and storage season (2022/23). With the current difficulties with the former lessor, there were two options. These included running the marina through the parks and recreation department or identifying a new operator. After some analysis of the operation of marina and service and security requirement, staff contacted a marina operator and existing partner to attempt to come to terms and present to City Council. Dillon and Michelle Streit are the owners of All Marine Service, All Marine Retro Rentals and the Barrington Boat Club. The city partners with them for the All Marine Retro Rental business at Miller Point Park. Staff feels they have the expertise to step in and run the South Harbor Marina. 57 They understand the city’s position on the redevelopment of the property and are open to the terms present to them, primarily a lease that would run March 1, 2022 – May 1, 2023. ANALYSIS: Staff has learned that the operation of a marina is a tedious undertaking with much more attention needed that the Parks and Recreation Department is able to provide. To provide a complete list of a better idea of the undertaking that the marina operation entails, the bullet points below are provided: • Facilities need to be maintained and monitored. o The city does not have the manpower to give this the attention it will require. • Immediate advertising needed. o Connections to this market essential to getting all slips rented for the season. • Parking was an issue significant issue last year. o Assigned spots for boater and guest need to be created and monitored. Should complaints occur they need to be dealt with swiftly. • Piers need to be inspected weekly. • Bathrooms need to be cleaned regularly. • Providing slip holders with assistance in regard to the service of boats. This also requires the knowledge and the appropriate insurance. • Storage o Boats will need to be winterized and put into storage . Again, this is the job for a marina operator with experience. • A point of contact for any issues, complaints, or repairs that can offer immediate resolution is important. • Electric service to the piers must also be inspected regularly and ensure that it is working properly. • Overall management of marina (harbor master): o The city does not want to identify and hire someone in that short term to fulfill these roles and oversee the harbor/facility. • Taking payments and do the bookkeeping as well as tracking down late or overdue payments. o This aspect alone requires a dedicated person or software that is set up to take on this type of use. • A presence on the weekends, which is the busiest time is a must. o Again, this would require additional manpower that the city would have to hire. • Cameras should be installed for security. o This would be hardware purchased and installed and monitored by the lessor. 58 Bringing on a new operator certainly means a reduction in the revenue that the city would expect to receive. The new proposed lease includes an additional 10% in revenue from the slip rentals that the city would receive; from 40% to 50%. This past year at 40% revenue the city received $33,000. Projections with the new terms hopefully would be closer to $45,000. Another key component of the proposed lease is to protect those boat owners that have rented slips last season or in previous seasons by capping any increase in slip rentals at 10%. Slip rental rates range from $1,250 to $2,000. This means that even with 10% increases in slip fees, new rates would remain marketable and at the low end of competitors’ rates on the Chain O’Lakes. In summary, the trade of all the responsibility that comes with the marina operation including marketing and manpower required to get up to speed immediately is well worth any potential revenue that could be received by the City of McHenry. Staff is very confident with the proposed operator for a number of reasons, but first and foremost is their years of experience in the business. This is a lifelong occupation for Dillon and not a hobby. They are professional and have proven to be good partners with the City of McHenry. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be considered to approve the mayor’s authorization of the attached lease with All Marine Service for the South Harbor piers, property and buildings through May 1, 2023. 59 1 02/12 MARINA LEASE This Commercial Lease is made between the CITY OF McHENRY, 333 South Green Street, McHenry, Illinois, herein called Lessor, and All Marine Services, 126 Jandus Cut Off Rd. Cary, Illinois , herein called Lessee. Lessee hereby offers to lease from Lessor certain real estate situated at 3302 W. Waukegan Road, City of McHenry, County of McHenry, State of Illinois, together with all improvements thereon, except as otherwise set forth in this agreement, upon the following TERMS and CONDITIONS: 1. Term and Rent A . Lessor demises onto Lessee the above real estate and improvements (collectively the “Premises”) for a term of 18 months, commencing March 1, 2022 and terminating May 30, 2023. with the option to renew for the following year(s) provided the land is not purchased for other use and the contract of this lease remains in good standing. B. Lessee shall pay as rent, an amount equal to 50% of the rent received for all leased slips and for storage of any boats. The first rental payment for each year of this agreement shall be due on the 15 th day of April. Thereafter, Lessee shall pay rent, in an amount equal to 50% of the rents received (no matter when accrued) for all leased slips or for the storage of any boats for that month. Lessee shall, at the time of paying any rents, provide the Lessor with copies of executed lease contracts and an it emization of slips rented and boats stored. Lessor shall have the right to inspect the Premises and Lessee’s books to verify rent received and accrued. For purposes of this section, the last month of the season shall be the month when the last slip is vacated for the year. C. Lessee’s obligation to pay rent shall be an independent obligation from the rest of this Lease, and Lessee shall have no right to withhold the payment of any rent or to set off any rent for any reason. D . Lessor shall not be liable to Lessee for any interruption of Lessee’s business or inconvenience caused Lessees or licensees or customers on the Premises on account of Lessor’s performance of any repair, maintenance or replacement on the Premises, or any other work therein pursuant to Lessee’s right or obligations under this Lease. 2. Use. Lessee shall use and occupy the Premises for a boat marina business and any other directly related use. The Premises shall be used for no other purpose. Lessee shall not, in the use and occupancy 60 2 02/12 of the Premises, use, treat, store, handle or dispose of, or permit any party claiming by, through or under Lessee to use, treat, store, handle or dispose of, any Hazardous Substances on the Premises. “Hazardous Substances” shall mean and include all hazardous and toxic substances, wastes, or materials, any pollutant or contaminant, including without limitation, petroleum substances, PCB’s and raw materials that include hazardous constituents or any other similar substances or materials that are included under or regulated by any Environmental Laws. The parties a gree that currently there are fifty-seven (57) boat slips at the Premises (16 smaller slips and 41 larger slips) depicted as slips 1 through 41 and 50 through 65 on the attached Exhibit A. The parties agree that slip 42 through 49 as depicted on Exhibit A are not part of this Lease or the premises, and are being retained by the Lessor. 3. Club House. A “Club House” is located upon the Premises. The Club House shall be for the exclusive use of Yacht Club members with the exception of two public restroom facilities and showers, which shall be, open to patrons of Riviera Marina and have a separate entrance. Lessor shall maintain the “Club House.” Lessor agrees to indemnify Lessee for any claims arising out of the Yacht Club’s use of the Club House as set forth in Section 12(E). Lessee shall maintain the public restroom facilities and showers. 4. Quonset Hut. The north addition of the Quonset Hut shall remain in Lessor’s possession for its sole use. Lessee shall not int erfere with Lessor’s ability to access the Quonset Hut and shall allow Lessor entry upon the Premises. Lessor shall not interfere with Lessee’s use of the southern section of the Quonset Hut. 5. Care and Maintenance of Premises. A . Lessee acknowledges that the Premises are in good order and repair, unless otherwise indicated herein. Lessee shall, at its own expense, and at all times, maintain the Premises in good and safe condition, and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted. Lessee shall be responsible for any and all repairs and maintenance required on the Premises, and of any equipment on the Premises excepting the roof, exterior walls, structural foundations, lawn care and maintenance and as otherwise stipulated in Section 5(B). Lessee shall also maintain in good condition such portions adjacent to the Premises such as sidewalks and driveways, which would otherwise be required to be maintained by Lessor. B. Electrical System. The Lessor shall be responsible to maintain the electrical system on the property including the main electric feed, distribution panels, and branch circuits. The Lessee shall be responsible to maintain the electrical devices. Annually, the City shall reopen and make 61 3 02/12 operational for use, the municipal water system on the Premises. 6. Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, additions, or improvements, in, to or about the Premises or any structure thereon. 7. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, (including but not limited to the City of McHenry) state and federal authorities now in force, or which may hereafter be in force, including, but not limited to any applicable environmental laws or regulations, pertaining to the Premises. 8. Assignment and Subletting. Lessee shall not assign this Lease or sublet, demise or transfer any portion of the Premises without the prior written consent of Lessor. Any such conveyance conducted without Lessor’s written consent shall be null and void and without legal effect. Lessee agrees that, in the event Lessor considers allowing Lessee to sublet any portion of the Premises, Lessor may, as a condition of its approval, require Lessee to renegotiate the rent paid under this Lease. 9. Utilities. All applications and connections for necessary utility services on the demised Premises shall be made in the name of Lessee only, and Lessee shall be solely liable for utility charges as they become due, including but not limited to those for sewer, water, gas, electricity and telephone services. Lessee’s obligation herein is limited to that portion of the Premises demised and excludes the Quonset Hut and that portion of the Club House not used by Lessee. 10. Entry and Inspection . Lessee shall permit Lessor or Lessor’s agents to enter upon the Premises at reasonable times, during normal hours of operation, except in emergency situations determined by Lessor, and upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time within sixty (60) days prior to the expiration of this Lease, to place upon the Premises any usual “To Let” or “For Lease” signs, and permit persons desiring to lease the same to inspect the Premises thereafter. 11. Possession. If Lessor is unable to deliver possession of the Premises at the commencement of this Lease, Lessor shall not be liable for any damage caused thereby, nor shall this Lease be void or voidable but Lessee shall not be liable for any rent until possession is delivered. 1. Liability, Indemnification and Waiver. A . Assumption of Liability. Lessee assumes liability for all injury to or death 62 4 02/12 of any person or persons including employees, sub -licensees, any supplier or any other person and assumes liability for all damage to property sustained by any person. This paragraph does not apply with respect to the use of the Club House by the Riviera Yacht Club and its members or use of the Quonset Hut by Lessor. B. Indemnification. To the fullest extent permitted by law, Lessee will defend, indemnify and hold the Lessor harmless from all claims arising from or in connection with (i) any and all operations of Lessee in connect ion with the operation, repair or maintenance of the Premises, including but not limited to the operation of a marina, or any other business on the Premises, or any work or thing whatsoever done, or any condition created on or about the Premises; (ii) any act, omission or negligence of Lessee or any of Lessor’s assignees, agents, licensees or the partners, directors, officers, agents, employees, invitees or contractors of Lessee or of Lessee’s assignees, tenants or Lessee; (iii) any accident, injury or damage whatsoever occurring on or at the Premises; and (iv) any act or omission of Lessor, its agents, servants and employees, pursuant to this Lease, unless such act or omission is judicially determined to constitute intentional misconduct. C. Defense of Lessor. In the event any claims shall arise, the Lessor shall tender the defense thereof to Lessee. Provided, however, the Lessor, in its sole discretion, may participate in the defense of such claims at Lessee’s sole expense; such participation shall not relieve Lessee from its duty to defend and to pay any judgment or settlement against the Lessor in such claims. D . Waiver of Defenses. In any and all claims against the Lessor or any of its agents or employees, by any employee of Lessee, the indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or b enefits payable by or for Lessee under workers compensation acts, disability benefits acts or employee benefit acts, or other applicable law. Lessee waives all defenses available to Lessee as an employer, which limit the amount of Lessee’s liability to the Lessor to the amount of Lessee’s liability under any workers compensation, disability benefits or employee benefit acts. E. Indemnification of Lessee. Lessor shall indemnify and defend, to the fullest extent permit ted by law, and hold Lessee harmless from all claims arising from or in connection with any leaking or leaching of a certain underground storage tank removed by Lessor from the Premises and for any claim arising from or connected with Lessor’s use of the Q uonset Hut, any use of the Club House, by the Riviera Yacht Club, and use of the slips nos. 63 5 02/12 42 through 49 by invitees of Lessor or its grantees or assigns utilizing the premises to access the said slips. In the event any such claim arises, Lessee shall tender the defense thereof to Lessor within fourteen (14) days. In the event any claims shall arise, the L essee shall tender the defense thereof to Lessor. Provided, however, the Lessee, in its sole discretion, may participate in the defense of such claims at Lessor’s sole expense; such participation shall not relieve Lessor from its duty to defend and to pay any judgment or settlement against the Lessee in such claims. 2. Liability Insurance Requirements. Lessee shall during the term of this Lease, maintain in full force and effect, at its own cost and expense, insurance of the types and in the amounts described below. A . Workers Compensation Insurance. Lessee shall maintain workers compensation and employers liability insurance, with Coverage A at statutory limits and Coverage B (commercial umbrella an d/or employers liability) limits not less than $1,000,000 each accident for bodily injury by accident and $1,000,000 each employee for bodily injury by disease. This insurance shall cover Lessee’s employees in compliance with the State of Illinois and all other states having jurisdiction over each employee. B. Commercial General and Umbrella Liability Insurance. Lessee shall maintain commercial general liability (“CGL”) and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each occurrence. i. This CGL and umbrella (if any) insurance shall be written on an occurrence basis and shall cover liability arising from premises, operations, independent contractors, products-completed operations, bodily and personal injury, property damage, advertising injury, liability assumed by Lessee under this Lease (including the tort liability of another assumed in a business contract). ii. Additional Insured . The Lessor shall be named as an insured under this CGL and umbrella (if any) insurance using an additional insured endorsement acceptable to the Lessor. This insurance shall apply as primary insurance w ith respect to any other insurance or self - insurance programs afforded to the Lessor. There shall be no endorsement or modification of this insurance to make it excess over other available insurance; alternatively, if the CGL and umbrella (if any) insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the Lessor. 64 6 02/12 C. Proof of Insurance. Prior to the effective date of this Lease, Lessee shall furnish the Lessor with copies o f its current certificates of insurance documenting each such policy, along with the additional insured endorsements required in this section. D . Cancellation. All such insurance provided for herein shall be non - cancelable, except upon 30 days prior notice to the Lessor, and shall contain the following endorsement (or its equivalent): "It is hereby understood and agreed that this insurance policy may not be canceled by the surety or the intention not to renew be signed by the surety until 30 days after receipt by the Lessor by registered mail of written notice of such intention to cancel or not to renew." This language, or its equivalent, shall appear on the policies’ respective insurance certificates. E. No Limitation on Liability. The minimum amounts set forth in this Lease for such insurance shall not be construed as a limitation or satisfaction of Lessee’s liability, including indemnification, to the Lessor un der this Lease to the amount of such insurance. F. No Waiver. The failure or delay of the Lessor at any time to require performance by another party of any provision of this Section, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy under this Lease, and any waiver by any party of any breach of any provision in this Section shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Lease. No notice to or demand on any party in any case shall, of itself, entitle such party to any other or further not ice of demand in similar or other circumstances, except as otherwise provided herein. 12. Destruction of Premises. In the event of a partial or total destruction of the Premises, during the term hereof, from any cause, either party may elect to terminate this Lease and all rent shall immediately abate until the Premises are restored. Notwithstanding any other provision of this Lease, Lessor shall not be required to take any action or repair unless such action or repair following such destruction. 2. Security Deposit. Lessee shall deposit with Lessor on the signing of this Lease the 65 7 02/12 sum of $3,000.00 Dollars ($3,000.00) as security for the performance of Lessee’s obligations under this Lease, including without limitation the surrender or possession of the Premises to Lessor upon termination of this Lease. 13. Attorney’s Fees. In case suit should be brought for recovery of the Premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the Premises by Lesse e, or to enforce any portion of this Lease, the prevailing party shall be entitled to all costs incurred in connection with such action, including its reasonable attorney’s fees. 14. Heirs, Assigns, Successors. This Lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. 15. Subordination. This Lease is and shall be subordinated to all existing and future liens and encumbrances against the Premises. 16. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. Signed this _____ day of ____________ , 2022 LESSOR: LESSEE: CITY OF McHENRY By:______________________________ By:______________________________ Wayne Jett, Mayor Its: ______________________________ 66 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: February 22, 2022 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: McHenry Area Chamber of Commerce 2022 Fiesta Days ATT: Schedule of Events Sign Location List Agenda Item Summary. Attached for the City Council’s review and consideration is the schedule of events for the McHenry Area Chamber of Commerce’s Annual Fiesta Days. The Chamber is requesting permission to use Petersen and Veterans Memorial Parks; special event liquor license to sell beer and wine in Petersen Park and Veterans Memorial Park; installation of temporary advertising signs in designated right -of -ways; use of the Parks, Police, and Public Works departments to provide various services for the events and permission for the display of the city’s annual fireworks show in conjunction with the event on Sunday evening. Background. Fiesta Days events will be held at various times beginning Thursday, July 7, culminating w ith the parade on Sunday, July 18, as presented in the attached schedule of events. Conditioned upon approval of the Fiesta Days schedule, the chamber is reque sting a special event liquor license to serve beer and wine in Petersen Park on Thursday July 7, Friday, July 8, Saturday, July 9, Sunday, July 10, and in Veterans Memorial Park on Thursday, July 1 4. Every effort will be made by the chamber to ensure that underage visitors will not be served alcoholic beverages and I.D. wristbands will be required to purchase alcohol. Also included in this year’s event schedule is the inclusion of the Independence Day Fireworks Show into the first weekend of Fiesta Days. The Chamber would supplement the City fireworks budget adding $5,000 to the usual $15,000 show. The show would be shot on Sunday July 1 0th at the usual time of 9:30pm. 67 Beer/Wine Sales The standardize timeframe to service beer and wine will be observed. Beer and wine ticket sales will cease one-half hour prior to close of the event and service will be prohibited 15-minutes prior to close of the event as depicted in the following schedule. Park Use/City Services Fees. In 2013, the city developed a new fee structure with the Chamber regarding the Music Fest weekend at Petersen Park. The fee structure requires the Chamber to pay 50% of city manpower costs associated with the Music Fest schedule. In 2017, the Council approved the addition of Thursday night to the Music Fest lineup with the same fee structure. Requests or staffing requirements in addition to the usual and customary se rvices will be paid at 100%. Temporary Advertising Signs. As in past years, the Chamber is requesting permission to place 24’’ round signs advertising Fiesta Days in right -of -ways in front of local sponsor businesses. Signs will be installed the week before the event and removed the following day. A list of proposed sign locations is attached. Analysis. Fiesta Days is one of the big gest annual events in McHenry County. It offers something for everyone and draws thousands of visitors to the city. Fie sta Days would not be possible without the cooperation of the Chamber of Commerce, countless volunteers, and the City of McHenry. Recommendation. If City Council concurs then a motion should be considered to a) accept the McHenry Area Chamber of Commerce’s Annual Fiesta Days event schedule; b) use of Parks, Police, and Public Works for various services related to the event at 50%of the actual cost; c) approve the special event liquor license; d) approve placement of temporary advertising signs as presented; and e)approve the fireworks display on S unday July 10th in conjunction with the event. Petersen Park Veterans Memorial Park Thursday, July 7 6:00 PM - 9:45 PM Thursday, July 14 5:00 PM – 9:15 PM Friday, July 8 5:00 PM - 10:45 PM Saturday, July 9 5:00 PM - 10:45 PM Sunday, July 10 11:00 AM - 10:15 PM 68 February 2, 2022 Mayor Wayne Jett & City Council Members City of McHenry 333 S. Green Street McHenry, IL 60050 Dear Mayor Jett & City Council Members: On behalf of the McHenry Area Chamber of Commerce Board of Directors and Fiesta Days Committee, we thank you for allowing us to present Fiesta Days 2022. Our event schedule is similar to 2021. We will kick off the event with Cask and Barrel at Petersen Park on Thursday, and then have Music Fest on Friday through Sunday of the first weekend. Once again, Sunday is a free family day, including Beach Bash, the car show, and bands in the evening. We hope to continue the collaboration of fireworks on the last day of Music Fest Weekend. Our second week is at Veteran’s Memorial Park and downtown with our Parade Marshal Ceremony/Concert in the Park on Thursday, Art and Street Fair on Saturday, and parade on Sunday. Please note that in addition to the attached schedule, we are seeking approval for sign locations indicated. We appreciate the continued support that we receive from the City of McHenry, and we look forward to a successful Fiesta Days. Yours truly, Molly Molly Ostap President 69 70 71 Bill Hobson, Director of Parks and Recreation McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: February 22, 2022 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: 2022 McHenry Rotary Club Blues, Brews & BBQ’s Festival ATT: Letter of Request Event Schedule Agenda Item Summary: The McHenry Rotary Club is requesting the temporary use of Petersen Park from Thursday, August 18 through Monday, August 22, for the annual Blues, Brews and BBQ’s event. The actual event will take place on Friday, August 19, through Sunday, August 20 - use of Petersen Park on the Thursday preceding and Monday after is requested to facilitate event setup and cleanup. Background: The McHenry Rotary club has hosted the Blues, Brews and BBQ’s f estival that includes food vendors, live bands, a raffle and a home brew beer contest at the western portion of the park along with a special event liquor license to serve beer, wine, and malt beverages for 11 years. The Rotary Club has consistently met their goal of hosting a family friendly event. The event hours have not varied much from past years; proposed hours are Friday 4:30 PM to 11:00 PM; Saturday 3:00 PM to 11:00 PM; and Sunday 12:00 PM to 5:00 PM. Each day will include food, live music, and beer service. A $10 donation will be requested at the gate and children 12 and under accompanied by an adult and Armed Forces personnel in uniform will be admitted free. Analysis: The city will have police presence at the event to ensure public safety. The cost to provide police services is estimated at $7,500 in addition to the $500 park rental fee to cover the cost for the city to prepare the park for the event and incidentals such as general patrol of the washroom facilities by a parks employee. Rotary is requesting approval of a fee reduction of 50% f or all reimbursable costs similar to what was approved for Fiesta Days. Volunteers from the Rotary Club will operate all other aspects of the event including trash pickup, parking, stage, and sound . 72 Rotary has hired a local security firm to provide wrist banding for alcohol service and local business volunteers will serve the alcohol. Alcohol ticket sales will cease 30 -minutes prior to festival closing times. The Rotary Club will place 18” x 24” election style signage advertising the event in municipal right -of -ways at locations authorized in the Municipal Code. The signs would be installed one week prior to the event and removed by August 20. RECOMMENDATION: If City Council concurs then it is recommended that a motion be made to grant the McHenry Rotary Club 1) use of Petersen park to setup, host, and cleanup for the Blues, Brew & BBQ’s f estival from Thursday, August 18, through Monday, August 22, 2) special event liquor license for the sale of beer, wine , and malt liquor with drink ticket sales to cease 30-minutes prior to park closure, 3) a 50% reduction of the charges for city services incurred as a result of this event, 4) permission to post temporary advertising signs in municipal right-of -ways. 73 1/25/2022 To: City of McHenry RE: Event Schedule and Information. WWW.MRBBB.com 11th Annual McHenry Area Rotary-BLUES, BREWS and BBQ’S Dates: Friday Aug. 19th thru Sunday Aug. 21nd, 2022 Location: PETERSEN PARK, 4300 Petersen Park rd. McHenry, IL 60050 McHenry Area Rotary’s Premier fund raising event. A three day Festival with Music, Pre-Packaged Alcoholic Beverages, Beer and Wine, Food, and Rotary Raffle. Week Of Event Schedule: Tuesday Schedule utility locate, preliminary layout, meet on site with park staff. Wednesday Rotary detailed park layout, mark/ flag for vendors. Thursday Set up tents 8 am. Vendor arrival/pm set up, electrical hook-ups Schedule Friday afternoon electrical / tent inspection by Community Development. Lay cable / gray water trays. Over Night Security starts. Friday Set up tables/banners, Rotary Lunch, 4pm Health Dept. & City inspections. Gates open 4:30 Food / Beer 5:00 to 10:45 (Beer ticket sales stop 10:30) Bands 5:30 to 11:00 pm Grounds close -11:00pm Saturday Food / Beer 3:00 to 10:45 (Beer ticket sales stop 10:30) Bands 4:00 to 11:00 pm Grounds close -11:00pm Sunday Food /Beer Noon to 5:00 pm (Beer ticket sales stop 4:45) Bands 12:00pm to 5:00pm *** Grounds close -5:00pm Rotary Teardown tables / banners Monday Park clean-up / remove tents, toilets, garbage and equipment. 74 Misc. Information Gate $12 $10 in advance (donation for charity) 12 - under free, uniformed Service men and women free. Tents by Rotary Entry gate 20’x20’, main dinning tent 60’x100’, beer area 40’x40’, wrist band/ticket sales 20’x20’, food vendor canopies 20’x20’. Stage tent set under canopy with 11’ legs. 20’x20’ VIP Tent Food / Beverage served all 3 days, up to 5 BBQ / food vendors, and other food trucks. Bands will be local and regional. Clean up and overnight security supplied by Rotary, Thursday night thru Sunday night. Parking traffic layout and control by volunteers, motorcycle parking area on paved lot 2 temporary generator parking lot lights. Additional Portable Bathroom’s, wash sinks and gray water / grease disposal. Garbage 2 – 20 cy dumpsters with disposal. Stage Sound and Lighting. Overnight Private Security Thursday Night thru Sunday Night by Rotary. 9 Beers on tap / Wine/ Alcoholic Beverages – supplied by Chas. Herdrich & Son. Wrist bands supplied thru Chas. Herdrich, different color each night, I. D. and banding by Rotary. Beer served by volunteer/ sponsor, business groups, supervised by Rotary. Rotary to supply insurance, obtain City and State Liquor License, and sell beer tickets. 2 drink at a time walk away limit. Pint refillable Glasses with event logo to be sold. Signage Around Town: two weeks before, 15 signs 18”x24”, advertising event, park directions. 3 signs approx. 4’x8’ temp signs placed on private property Advertising: Newspaper, Radio, Community Signs, Web Site, Social Media, Bill Boards, Flyers and Rotary Club-runner. Pre-sell Sponsor / Cooperate packages of entry tickets. Insurance: General and Dram Shop Insurance by Rotary Damage to Park facilities / major turf repair by Rotary. Health Department permits by Vendors and Rotary. Rescue squad / first aid - McHenry Township Fire. Proceeds- All proceeds go to McHenry Rotary Charitable Foundation. City of McHenry Requirements Park Staff to set picnic Tables and Garbage Cans Additional Police provided during event. Provide one park staff person during event hours. Utilities, water (cold only), electricity from existing panels. Stage Cover, boom truck for stage banners on Thursday afternoon. Picnic Tables / Benches, wood spools, umbrellas, Garbage cans with one case of 50 gal. trash bags. Motorcycle parking lot on paved area. Light Temporary Toilets. Galvanized Barricades around stage, at beer tent and VIP area. Traffic Barricades for Parking / Driveway. Any questions, please contact either Rotarian, Don Tonyan cell 1-815-482-0746 Denis Buch cell 1-815-341-0012 75 ** If Covid Regulations or Restrictions do not allowing a Social Gathering at the Park, the event may be move to McHenry Outdoor and / or be Live Streamed from another location. 76 Office of the Chief of Police John R. Birk McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: John R. Birk, Chief of Police Troy Strange, Director of Public Works FOR: February 22, 2022 Regular City Council meeting RE: Budget Amendment, Authorization to Purchase 2 City Vehicles and Authorization to enter into a Purchase C ontract. Attachment s: Currie Motors Vehicle Proposal JX Truck Center Purchase C ontract & Price I ncrease Acknowledgement Agenda Item Summary: Staff is seeking Council’s approval to approve a budget amendment in th e amount of $5 5,298.00 , authorization the purchase two City f leet vehicles and approval to enter into a purchase agreement with Peterb ilt of Wisconsin, dba JX Truck Center. Staff is present to answer any questions Council may have. Background: During FY 2020/21 with the approval of Cou ncil the City entered into a vehicle lease/loan purchasing plan to replace City vehic les and heavy machinery based on asset condition due to age, mileage, dependability, repair costs and function. Purchasing all the vehicles and equipment necessary to bring our fleet back up to a more stable and depend able condition was estimated to cost in excess of $4 ,000,000. Through the yearly stepped approach and use of th e lease/loan program we have successfully replaced multiple u nits over the last two fiscal years at a minimal cost. As we navigated through the p rocess of ordering vehicles this last fiscal year we began to encounter unexpected delays which has affected our replacement timeline and thus impacted operations and ongo ing repair costs. Vehicles that were ordered in May of 2021 did not get built , delivered, and placed into service until January of 2022 or later. Due to additional factors related to inflation, COVID-19, automotive manufacturing staff shortages and chip shortages we have learned that ordering new vehicles will be delayed even more than in May of 2021 and costs may increase more than they have in decades . Ford and GM, our two main manufacturers have yet to announce new pricing for vehicles or a date in wh ich they can be ordered. It is anticipated that pricing and ordering will not be available until after July for GM and August for Ford and it will be for only 2023 models. Even after ordering vehicles, build dates will be unknown. If we maintain our nor mal plan o f ordering vehicles it is more likely than not that we will not take delivery of vehicles purchased in FY 22/23 until FY 23/24. This delay will have a notable impact on operations and purchase/maintenance cost of vehicles. 77 Currently, Staff is looking to purchase the following vehicles for FY 2022/23: Quantity Vehicle Make Model Department 2 Ford, Chevy or GMC ¾ Ton Pickup Parks 1 Ford, Chevy or GMC F350 or 3500 PW (Water/Sew er) 1 Ford F550 PW 3 Chevrolet Tahoe Police 1 Ford Transit Van Police 1 Ford F550 Parks 1 Peterbilt Wing Plow Truck PW 1 Chevrolet Traverse Community Development Analysis: With the supply , demand and delivery issues surroun d ing vehicle purchasing and extremely h igh inflation costs, Staff looked to find altern ative methods of acquisition . We first explored ordering early (November/December 2021) so we could take delivery in May/June 2022 but all orders for Ford and GM are closed until further notice which seems to be after July or August of 2022. As a viable alternative Staff is looking to find and acquire new vehicles that are on dealership lots that meet our specifications . Dealers will not trade or transfer to a local dealer so Staff would need to deal with individual dealers for each vehicle sought. Th is method will allow us to purchase vehicles in a timelier manner with th e potential to save on additional inflation pricing as well. In reviewing all the above vehicles, our goal would be to find and purchase all the above vehicles on dealer lots except f or the three Police Tahoes and the Peterbilt Wing Truck which will still need to be ordered. Staff will then build out all the equipment on the vehicles (dump boxes , plows, lighting, salt spreaders, etc .) separately with different vendors. This process should greatly reduce the delay time and help with future inflation costs as well. Currently Staff has located and reserve d one new 2021 Ford F550 Chassis from Currie Ford Commercial Center in the amount of $55,298 (title and plates included). Attached is the sale offer. Upon receipt staff will then price out a build on the truc k include plow, dump box, spreader, lights, etc. The cost of the equipment w ould come back to Council for approval in the new FY 22/23 budget year. Staff will be looking for Co uncil’s approval to amend FY 21/22 budget in the amount of $55,298.00 to purchase this vehicle. Staff has also secured the process to start the order of a new Peterb ilt Wing Plow Truck through Peterb ilt of Wisconsin, dba JX Truck Center . Council will f ind the attached purch ase co ntract for the Peterb ilt Chassis which is the first step in the process. The Price listed on the purchase contract is a Sourcewell (satisfies competitive bidding) price that is a 20% reduction from private sector pricin g. Staff is requesting authorization for the Public Works Director to enter into the attached purchase contract with JX Truck Center and purchase one 2023 Peterbilt 548 Truck subject to the terms of the contract. No payment will occur until the new FY 22 /23 bud ge t year. Staff will bring the upfit equipment pricing and loan agreement for this vehicle back to Council for approval as well once total pricing is established. Staff will continue to search for additional veh icles listed in the supplement and will brin g forward additional requests for purchase on future dates. 78 Recommendation: Staff requests City Council authorization to ; (1) approv e a FY 21/22 budget amendment in the amount of $55,298.00, (2) waive the competitive bid process a nd purchase a 2021 Ford F550 from Currie Motors in the amount of $55,298.00, (3) authorize the Public Work s Director to enter into a purchase agre ement with JX Truck Center and purchase a 2023 Peterbilt 548 Truck subject to the terms of the agreement. 79 80 81 82 83 84 85 ORDINANCE NO. 2 2- AN ORDINANCE AMENDING THE FY2021/2022 BUDGET FOR THE FISCAL YEAR ENDING APRIL 30, 20 22 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 Constitu tion of the State of Illinois; and WHEREAS, the City of McHenry acting by and through its Mayor and City Council has previously approved the FY21/22 Annual Budget for the Fiscal Year Ending April 30, 2022 by a motion at the Regular City Council Meeting held on April 19, 2021; and WHEREAS, it is necessary and appropriate to delete, add to, or otherwise change certain line items in said Budget Ordinance as provided in Exhibit A to this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the amendments to the Budget Ordinance for the Fiscal Year Ending April 30, 2020 are hereby approved in the form and content as provided by Exhibit “A” which is attached hereto and made part hereof. 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 published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed t his 22nd day of February, 2022. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ 86 Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk EXHIBIT A The following budget items are amended by this Ordinance: FY 21/22 Budget Amendment - $55,298.00 87 88 89 90 91 92 1 City of McHenry Council Meeting Minutes 2.7.22 AGENDA REGULAR CITY COUNCIL MEETING Monday, February 7, 2022, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 In light of the current COVID-19 public health emergency, this meeting will be held remotely only. The public can observe and participate by connecting online via Zoom at https://cityofmchenry.zoom.us/j/87376927215 Or call 312-626-6799, Meeting ID: 873 7692 7215 Call to Order: The meeting was held remotely via Zoom due to the COVID -19 pandemic. The meeting was in compliance with the Open Meetings Act per guidelines by the Illinois Attorney General’s Office. Roll Call: Mayor Jett called the roll call. Members present: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, City Planner Sheriff, and City Clerk Ramel. Public Comments: None. Consent Agenda. Motion to Approve the following Consent Agenda Items: A. Approval of an Illinois Department of Transportation Resolution for Improvement Authorizing the use of funds in the 2022 Rebuild Illinois Bond Funded Road Resurfacing Program (IDOT Section #22-00092-00-RS). (Public Works Director Strange) B. Approval of an Illinois Department of Transportation Resolution for Maintenance Authorizing the use of Motor Fuel Tax Funds for the 2022 Motor Fuel Tax Funded Road Resurfacing Program (IDOT Section #23-00000-01-GM). (Public Works Director Strange C. Authorization for the Mayor to execute a Letter of Intent between the City of McHenry and Nunda Township Highway Department for partnership in the Surface Transportation Program project application for Barreville Road. (Public Works Director Strange) 93 City of McHenry Council Meeting Minutes 2.7.22 D. Acceptance of public improvements in Phase II and approval of a maintenance bond for a period of two years in the amount of $274,258.70 for Heritage Pointe Estates Subdivision. (Community Development Director Polerecky) E. An Ordinance Amending Title 4, Chapter 6: Video Gaming Terminals; Section 4 -6-6: Fess for Establishments and Terminals. (Deputy City Clerk Johnson) F. An Ordinance amending Title 4, Chapter 13: Solicitors, Section 4 -13-3: Registration Required; Exemption; Application. (Deputy City Clerk Johnson) G. Appoint Bryan Riley to the Planning & Zoning Commission to fill the vacancy with a term expiration date of April 30, 2022. (Mayor Jett) H. January 17, 2022 City Council Meeting Minutes; I. Issuance of Checks in the amount of $597,023.23. A motion was made by Alderman Strach and seconded by Alderwoman Miller to approve Consent Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach , Alderman Devine, Alderwoman Mille- absent. 0-nays, 0-abstained. Motion carried. Individual Action Item Agenda. A. Motion to approve a Resolution designating the intersection of Freund Avenue and Church Street as “Honorary Gary and Marcie Gough Way” as recommended by the McHenry City Council. (Public Works Director Strange) Unveiling and dates are still being determined, per director strange. A motion was made by Alderman McClatchey and seconded by Alderman Glab to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays-,0-abstained. Motion carried. B. Motion to approve a Resolution designating the intersection of Freund Avenue and Maple Avenue as “Honorary William J. Oeffling Way” as recommended by the McHenry City Council. (Public Works Director Strange) A motion was made by Alderman Harding and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach , Alderman Devine, Alderwoman Miller. 0-nays-,0-abstained. Motion carried. 94 City of McHenry Council Meeting Minutes 2.7.22 C. Motion to approve a Resolution designating Judy Lane as “Honorary Pamela J. Althoff Way” as recommended by the McHenry City Council. (Public Works Director Strange) A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach , Alderman Devine, Alderwoman Miller. 0-nays-,0-abstained. Motion carried. D. Motion to approve an Ordinance granting a Use Variation for an Adult-Use Cannabis Infusion Facility in the O-2 Office Park District, located at 3900 Mercy Drive. (Community Development Director Polerecky) There was one individual in the McHenry Shore’s subdivision had some concerns regarding the location, the petitioner was also online , according to Director Polorecky otherwise there were no further concerns that were filed . Alderman Santi questioned if there is any tax on the product that goes to the ci ty of McHenry, there is no retail involved at it, was confirmed by Dr. Roz. According to Director Polerecky as a reminder that all the zoning for landscaping etc., will need to be followed. Alderman Glab wanted to know what the reason was for the objection from the resident from McHenry Shores it was the location that was the concern. Alderman McClatchey had asked what the definition of infusion was, it was explained that it is infused into products that are edible that can be sold to other dispensary, there is no retail. Alderman Devine, questioned if there was going to be a buildout on this, or is there going to be a secure, yes confirmed that it will all be in place for security etc. Attorney McArdle, wanted to know where the cash transfer occurs, most of it will be billing. Directory Polerecky stated to think of this a large commercial kitchen and there are state requirements including security. No public comment. A motion was made by Alderman Harding and seconded by Alderman Strach to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach , Alderman Devine, Alderwoman Miller. 0-nays-,0-abstained. Motion carried. E. Motion to approve a Sign Variance to Well Now Urgent Care, located at 1840 North Richmond Road, for an additional 68.55 square feet of wall signage. (Community Development Director Polerecky) 95 City of McHenry Council Meeting Minutes 2.7.22 David Bossy one of the developers wanted to state that they are all separate ownerships within that area, trying to accommodate the retailer as best he can. A motion was made by Alderman Santi and seconded by Alderman Strach to approve Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 1- nays- Alderman Glab-,0-abstained. Motion carried. F. Motion to approve a Temporary Use Permit to Ultimate Convention Company, located at 1792 North Richmond, to conduct an art convention on February 26th and 27th and a home and garden show on March 19th and 20th. (Community Development Director Polerecky) A motion was made by Alderman Strach and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 2-ayes: Alderman Santi, Alderman Strach. 5-nays Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Devine, Alderwoman Miller-,0-abstained. Motion carried. Alderman Strach wants to add a condition to the motion- OEA approval being provided to the city before it goes to the city of McHenry, before planning and zoning. According to Director Polerecky the formal packeting and filing will need to be taken care of before the conventions start, which is already part of the motion. Alderman Glab is disappointed that it is 19 days before this opens up and they have known since the beginning of December, agreed by Directory Polerecky; however, they were not able to make the meeting tonight. Alderman McClatchey wanted to confirm how many conventions, just temporary for two. Steve Schwartz, spoke regarding OEA – it is allowed under the OEA but will be followi ng up with the legal counsel not something that they support regarding this particular space. Discussion Items: A. Conceptual Presentation – Blake Senior Lofts (Lincoln Avenue Capital) Lot two of The Authentix would be an age restricted three story apartment building. Conceptual presentation was stated by Lincoln Avenue Capital. This is a 55+ area. Alderman Glab had some questions about the need for senior housing and the future, also commented on the architecture of the building, it is independent living as confirmed. Wanted to know the quality of living without any balconies or patios etc. Alderman McCatchy said he could not support this because of the concern with residents and the traffic. According to Hume An, developer representative, stated that there was not going to be any traffic impact, pertaining to a study that was conducted in that area . 96 City of McHenry Council Meeting Minutes 2.7.22 Alderwoman Miller, questioned the traffic flow, also asked how many developments were done in IL., about 15 developments were done by him. IDA funding has been approved, along with the design of this developments. There has been positive feedback from previous residents at other developments. The discussion went on for some time with several questions brought up from The City Council. Mayor Jett concluded to see who would be interested in moving forward, most of The Council was against moving forward with this project. B. Conceptual Presentation – McHenry Senior Commons (Bear Development, LLC) Alderman Santi liked the look and feel of the complex, wanted to know about the outside of the area with the walking distance to restaurants would there be a concern regarding the pedestrian traffic, safety etc. Alderman Glab wanted to state that he is happy to see the balconies would like to see a little more depth would like a higher end look, likes the location for it. Alderman McClatchey likes the location, would like the outside to be updated a more. Alderman Strach liked the fit and development in his opinion. Alderwoman Miller stated that she is also in support of this project and is familiar with this development and she feels it is maintained and supported by this developer. Alderman Devine and Alderman Harding also supp ort this development idea. The discussion regarding this plan also went on for some time. Most of The Council was in support for this development to move forward with, the mayor was as well. C. Conceptual Presentation – N. Draper Road Single Family Subdivision (Lennar Corporation) Alderman Glab was asking about the traffic pattern which was explained by Director Polerecky stating the support for the cut through of the subdivisions, most traffic will flow from the East, also looking at the support to fire trucks and police as well. Alderman Glab disagrees with the traffic. These types of items will be address, this is conceptual right now. Alderman Harding would like to see larger lots, is supportive of the project but he feels that the connection will support the emergency personnel. This conversation went on for some time. In result many of The Council was in support of the development. D. Discussion regarding Zoning Text Amendments to adopt a Planned Unit Development Ordinance and Zoning Variation related to property owner notification (Community Development Director Polerecky) Presented by Cody Sheriff. Most of The Council was in favor of this. Executive Session as needed: Staff Reports: 97 City of McHenry Council Meeting Minutes 2.7.22 A. No Staff Report for February 7, 2022 Mayor’s Report: City Council Comments: Hoping to go live in March for the meetings, per Administrator Morefield and Chief Birk. Next council meeting 22 nd of February on Tuesday. Alderman McClatchey had questions about lights on Veterans- would like to see the trees that is wrapped stay, they will be up until St. Patrick’s Day according to Director Hobson. Alderman Strach state those nights would be great in the park on Thursday nights, there will be dueling pianos for the kick off. Mayor Jett touched on Rise Up Foundation and the openers and the concert. 50% sold out already. Adjourn: A motion was made Alderman Santi and seconded by Alderman Strach to adjourn the meeting at 9:20 PM. Roll Call: Vote:7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach , Alderman Devine, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel Alderman Santi__2_, Alderman Glab___, Alderman McClatchey__, Alderman Harding___, Alderman Strach__1_, Alderman Devine___, Alderwoman Miller___ 98 Expense Approval Register   McHenry, IL List of Bills Council Meeting ‐ 2‐22‐22        Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: AEP ENERGY   AEP ENERGY   INV0012722  02/22/2022  UTIL  100‐33‐5520  3,877.44 AEP ENERGY    INV0012722   02/22/2022   UTIL   100‐42‐5510   266.15 AEP ENERGY    INV0012722   02/22/2022   UTIL   100‐45‐5510   571.66 AEP ENERGY   INV0012722  02/22/2022  UTIL  400‐00‐5510  2,479.63 AEP ENERGY   INV0012723  02/22/2022  UTIL  510‐31‐5510  12,988.83 AEP ENERGY    INV0012723   02/22/2022   UTIL   510‐32‐5510   23,271.06 Vendor AEP ENERGY  Total: 43,454.77   Vendor: BANK OF NEW YORK MELLON, THE  BANK OF NEW YORK MELLON,  252‐2449395  02/22/2022  MCHENRY 13  300‐00‐7300  428.00 Vendor BANK OF NEW YORK MELLON, THE Total:   428.00   Vendor: BT MCHENRY LLC  BT MCHENRY LLC   084844   02/22/2022   WATER/SEW COVID CTR   100‐01‐5110   69.59 Vendor BT MCHENRY LLC Total:   69.59   Vendor: CHRISTOPHER B BURKE ENGINEERING, LTD  CHRISTOPHER B BURKE   172338   02/22/2022   MAIN ST P LOT REHAB   100‐01‐8900   1,530.50 Vendor CHRISTOPHER B BURKE ENGINEERING, LTD Total:   1,530.50   Vendor: COMED  COMED   INV0012727   02/22/2022   UTIL   100‐33‐5520   47.99 COMED   INV0012728   02/22/2022   UTIL   510‐32‐5510   2,745.22 Vendor COMED Total:   2,793.21   Vendor: EBY GRAPHICS INC  EBY GRAPHICS INC   8861   02/22/2022   3X3 LEGEND 2022 UTV DECALS   100‐22‐5370   126.48 Vendor EBY GRAPHICS INC Total: 126.48   Vendor: FREUND, MICHAEL  FREUND, MICHAEL  INV0012724  02/22/2022  LOCAL 150 UNION DUES  100‐2180  75.92 Vendor FREUND, MICHAEL Total:   75.92   Vendor: HRGREEN  HRGREEN   145793   02/22/2022   MCH RIV FOUND PHASE 2A3   290‐00‐8900   2,986.25 HRGREEN  146573  02/22/2022  MCH RIVERWALK FOUND‐ 290‐00‐8900  11,426.50 Vendor HRGREEN Total:   14,412.75   Vendor: LEXISNEXIS  LEXISNEXIS   1236684‐20220131   02/22/2022   PHNE SEARCHES JAN 2022   100‐22‐5110   124.50 Vendor LEXISNEXIS Total:   124.50   Vendor: MCHENRY COUNTY RECORDER OF DEEDS  MCHENRY COUNTY RECORDER   INV0012725   02/22/2022   JAN RECORD FEES   100‐33‐5110   82.00 MCHENRY COUNTY RECORDER   INV0012726   02/22/2022   2 RELEASES   510‐31‐6940   43.00 MCHENRY COUNTY RECORDER  INV0012726  02/22/2022  2 RELEASES  510‐32‐6940  43.00 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total:   168.00   Vendor: MCHENRY SPECIALTIES  MCHENRY SPECIALTIES   2022‐69   02/22/2022   2‐10X13 PRINTS   100‐01‐6940   70.00 Vendor MCHENRY SPECIALTIES Total:   70.00   Vendor: MUNICIPAL COLLECTION SERVICES INC  MUNICIPAL COLLECTION   021028   02/22/2022   COLL FEES   100‐04‐5110   59.77 MUNICIPAL COLLECTION   021029   02/22/2022   JAN COLL    100‐04‐5110   52.51 Vendor MUNICIPAL COLLECTION SERVICES INC Total:   112.28   Vendor: NICOR GAS  NICOR GAS   INV0012729   02/22/2022   UTIL   100‐01‐5110   2,104.01 NICOR GAS   INV0012729   02/22/2022   UTIL   100‐42‐5510   664.31 NICOR GAS  INV0012729  02/22/2022  UTIL  100‐43‐5510  243.99     2/16/2022 2:30:13 PM   99 Expense Approval Register Packet: APPKT02323 ‐ 2‐22‐22 AP CKS   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   NICOR GAS   INV0012729   02/22/2022   UTIL   100‐45‐5510   512.19 NICOR GAS   INV0012729   02/22/2022   UTIL   100‐46‐5510   95.50 NICOR GAS  INV0012729  02/22/2022  UTIL  400‐00‐5510  556.91 NICOR GAS   INV0012730   02/22/2022   UTIL   510‐31‐5510   1,479.78 NICOR GAS   INV0012730   02/22/2022   UTIL   510‐32‐5510   4,732.58 Vendor NICOR GAS Total:   10,389.27   Vendor: OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD  OTTOSEN DINOLFO   142519   02/22/2022   LABOR   100‐01‐5230   360.00 Vendor OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD Total: 360.00   Vendor: UPS   UPS   60X485062  02/22/2022  SHIPPING  100‐22‐5310  9.00 Vendor UPS  Total:   9.00   Vendor: US BANK EQUIPMENT FINANCE  US BANK EQUIPMENT FINANCE   464688019   02/22/2022   CH COPIERS   620‐00‐5110   598.56 Vendor US BANK EQUIPMENT FINANCE Total:   598.56   Vendor: WINNEBAGO LANDFILL CO  WINNEBAGO LANDFILL CO   9209   02/22/2022   SLUDGE   510‐32‐5580   4,035.60 WINNEBAGO LANDFILL CO   9271   02/22/2022   SLUDGE   510‐32‐5580   1,183.20 Vendor WINNEBAGO LANDFILL CO Total:   5,218.80   Vendor: WOODWARD, RYAN  WOODWARD, RYAN   336268   02/22/2022   PGM CXL   100‐41‐3637   43.00 Vendor WOODWARD, RYAN Total: 43.00        Grand Total:   79,984.63               2/16/2022 2:30:13 PM   100 Expense Approval Register Packet: APPKT02323 ‐ 2‐22‐22 AP CKS     Fund Summary      Fund    Expense Amount     100 ‐ GENERAL FUND   10,986.51     290 ‐ TIF FUND  14,412.75    300 ‐ DEBT SERVICE‐1997A FUND   428.00     400 ‐ RECREATION CENTER FUND   3,036.54     510 ‐ WATER/SEWER FUND   50,522.27     620 ‐ INFORMATION TECHNOLOGY FUND   598.56     Grand Total:   79,984.63                 101 Expense Approval Register   McHenry, IL #2 List of Bills Council Meeting ‐ 2‐22‐22        Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: AMERICAN HEATING & COOLING  AMERICAN HEATING &  04042952  02/22/2022  Contracual HVAC Repairs   100‐45‐5110  1,008.75 Vendor AMERICAN HEATING & COOLING Total:   1,008.75   Vendor: APCO INTERNATIONAL INC  APCO INTERNATIONAL INC  879915  02/22/2022  CTO Training ‐ Hubbard  100‐23‐5430  389.00 Vendor APCO INTERNATIONAL INC Total:   389.00   Vendor: ARAMARK REFRESHMENT SERVICES LLC  ARAMARK REFRESHMENT   6903487   02/22/2022   Coffee February #6903487   100‐01‐6110   133.72 Vendor ARAMARK REFRESHMENT SERVICES LLC Total:   133.72   Vendor: ARAMARK  ARAMARK   24243466   02/22/2022   Clothing allowancet Bob   100‐33‐4510   123.52 Vendor ARAMARK Total: 123.52   Vendor: AUTO TECH CENTERS INC  AUTO TECH CENTERS INC   70781   02/22/2022   469    invo70781   100‐33‐5370   386.22 Vendor AUTO TECH CENTERS INC Total: 386.22   Vendor: BADGER METER INC  BADGER METER INC   80091271   02/22/2022   Inv# 80091271 Monthly service   510‐31‐5110   471.63 Vendor BADGER METER INC Total:   471.63   Vendor: BURRIS EQUIPMENT COMPANY  BURRIS EQUIPMENT COMPANY   PS2006041‐1   02/22/2022   Equipment repairs    100‐45‐5370   336.66 Vendor BURRIS EQUIPMENT COMPANY Total:   336.66   Vendor: CABAY & COMPANY INC  CABAY & COMPANY INC   65543   02/22/2022   City wide paper supplies    100‐01‐6110   2,530.95 Vendor CABAY & COMPANY INC Total:   2,530.95   Vendor: CASSIDY TIRE & SERVICE  CASSIDY TIRE & SERVICE  902013805  02/22/2022  streets     902013805  100‐33‐5370  60.00 Vendor CASSIDY TIRE & SERVICE Total:   60.00   Vendor: CINTAS CORPORATION LOC 355  CINTAS CORPORATION LOC 355  5090565576  02/22/2022  Shop First Aid   100‐45‐6110  71.51 Vendor CINTAS CORPORATION LOC 355 Total:   71.51   Vendor: COMCAST CABLE  COMCAST CABLE   2244   02/22/2022   WW Cable TV & Internet   620‐00‐5110   164.71 COMCAST CABLE  2246 2‐5‐22  02/22/2022  PW Internet  620‐00‐5110  154.90 COMCAST CABLE   9638 2‐1‐22   02/22/2022   Vaccination Clinic Internet   620‐00‐5110   299.80 Vendor COMCAST CABLE Total: 619.41   Vendor: CONSERV FS  CONSERV FS   65130621   02/22/2022   Snow Supplies    100‐45‐6110   335.65 Vendor CONSERV FS Total:   335.65   Vendor: CORKSCREW GYMNASTICS & SPORTS ACADEMY  CORKSCREW GYMNASTICS &   924   02/22/2022   Invoice 924   100‐47‐5110   210.00 Vendor CORKSCREW GYMNASTICS & SPORTS ACADEMY Total:   210.00   Vendor: DREISILKER ELECTRIC MOTORS INC  DREISILKER ELECTRIC MOTORS   206582   02/22/2022   Aerator Bearings        510‐32‐5375   249.92 Vendor DREISILKER ELECTRIC MOTORS INC Total: 249.92   Vendor: EBY GRAPHICS INC  EBY GRAPHICS INC  8829  02/22/2022  Squad numbers  100‐22‐5370  205.64 Vendor EBY GRAPHICS INC Total:   205.64   Vendor: GALLS LLC  GALLS LLC  020274223  02/22/2022  Promotional Item ‐ Kinney  100‐22‐4510  46.62     2/16/2022 3:02:56 PM   102 Expense Approval Register Packet: APPKT02326 ‐ 2‐22‐22 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   GALLS LLC   020274224   02/22/2022   Uniform Order ‐ Neville   100‐23‐4510   45.62 GALLS LLC   020297416   02/22/2022   Flashlight cone   100‐22‐4510   42.80 GALLS LLC  020317982  02/22/2022  Uniform Order ‐ Roske  100‐22‐4510  48.98 GALLS LLC   020343375   02/22/2022   Fleece caps   100‐22‐4510   89.32 GALLS LLC   020343506   02/22/2022   Uniform Order ‐ Roske   100‐22‐4510   137.59 GALLS LLC   020354288   02/22/2022   Uniform Order ‐ Walsh   100‐22‐4510   269.38 GALLS LLC   020362525   02/22/2022   Uniform Order ‐ McKeen   100‐22‐4510   100.70 GALLS LLC  020362540  02/22/2022  Uniform Order ‐ Diebold  100‐22‐4510  233.41 GALLS LLC   020371233   02/22/2022   Uniform Order ‐ Voelker   100‐22‐4510   46.41 GALLS LLC   020375844   02/22/2022   Uniform Order ‐ Martinez   100‐22‐4510   244.68 GALLS LLC  020375933  02/22/2022  Uniform Order ‐ P. Prather  100‐22‐4510  166.26 Vendor GALLS LLC Total:   1,471.77   Vendor: HODGES BADGE COMPANY INC  HODGES BADGE COMPANY INC   22004098   02/22/2022   Swim Team Ribbons   100‐47‐6110   149.50 Vendor HODGES BADGE COMPANY INC Total:   149.50   Vendor: HYDRAULIC SERVICES AND REPAIRS INC  HYDRAULIC SERVICES AND   370285   02/22/2022   445 (370285)   100‐33‐5370   360.00 Vendor HYDRAULIC SERVICES AND REPAIRS INC Total: 360.00   Vendor: INTERSTATE BILLING SERVICE INC  INTERSTATE BILLING SERVICE  3026402020  02/22/2022  405   3026402020  100‐33‐5370  124.25 INTERSTATE BILLING SERVICE   3026452648   02/22/2022   414 (3026452648)   100‐33‐5370   825.00 INTERSTATE BILLING SERVICE   3026464024   02/22/2022   415 (3026464024)   100‐33‐5370   760.00 Vendor INTERSTATE BILLING SERVICE INC Total:   1,709.25   Vendor: INTOXIMETERS  INTOXIMETERS   698227   02/22/2022   Dry Gas ‐ PBT's    100‐22‐6110   230.50 Vendor INTOXIMETERS Total: 230.50   Vendor: JG UNIFORMS INC  JG UNIFORMS INC  94099  02/22/2022  Uniform Order ‐ Diebold  100‐22‐4510  359.40 Vendor JG UNIFORMS INC Total:   359.40   Vendor: KIMBALL MIDWEST  KIMBALL MIDWEST   9588200   02/22/2022   kimball stock (9588200)   100‐33‐5370   420.81 KIMBALL MIDWEST  9606014  02/22/2022  kimball stock (9606014)  100‐33‐5370  347.04 Vendor KIMBALL MIDWEST Total:   767.85   Vendor: KOMLINE‐SANDERSON  KOMLINE‐SANDERSON   42052348   02/22/2022   Gear Box Seal #42052348   510‐32‐5375   63.00 Vendor KOMLINE‐SANDERSON Total:   63.00   Vendor: LANG AUTO GROUP, GARY  LANG AUTO GROUP, GARY   5063700   02/22/2022   310 (5063700)   100‐22‐5370   373.50 LANG AUTO GROUP, GARY   5063769   02/22/2022   311    5063769   100‐22‐5370   69.59 Vendor LANG AUTO GROUP, GARY Total:   443.09   Vendor: MAGIC OF GARY KANTOR  MAGIC OF GARY KANTOR   2‐22‐22   02/22/2022   Cont ‐ Magic Workshop   100‐46‐5110   56.00 Vendor MAGIC OF GARY KANTOR Total: 56.00   Vendor: MASTERCORP, INC  MASTERCORP, INC   5‐14‐22   02/22/2022   Dance ‐ Videography Deposit   100‐46‐6110   1,125.00 Vendor MASTERCORP, INC Total: 1,125.00   Vendor: MENARDS ‐ CRYSTAL LAKE  MENARDS ‐ CRYSTAL LAKE  60907  02/22/2022  Riverwalk supplies  100‐45‐6110  277.88 Vendor MENARDS ‐ CRYSTAL LAKE Total:   277.88   Vendor: MIDWEST METER INC  MIDWEST METER INC   0140340‐IN   02/22/2022   Inv#0140340‐IN  Beacon   510‐31‐5430   1,700.00 Vendor MIDWEST METER INC Total:   1,700.00   Vendor: MINUTEMAN PRESS OF MCH  MINUTEMAN PRESS OF MCH   96591   02/22/2022   Notary  Stamp ‐ Fitzgerald   100‐23‐6210   39.38 Vendor MINUTEMAN PRESS OF MCH Total:   39.38       2/16/2022 3:02:56 PM   103 Expense Approval Register Packet: APPKT02326 ‐ 2‐22‐22 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: MITSUBISHI ELECTRIC POWER PRODUCTS INC  MITSUBISHI ELECTRIC POWER   CPSD‐M0008768   02/22/2022   Server Room UPS Battery   620‐00‐8300   14,024.75 Vendor MITSUBISHI ELECTRIC POWER PRODUCTS INC Total:   14,024.75   Vendor: MOTOROLA  MOTOROLA   6285720220103   02/22/2022   Monthly Strcom21   100‐22‐5320   823.00 Vendor MOTOROLA Total:   823.00   Vendor: NORTH EAST MULTI‐REGIONAL TRAINING INC  NORTH EAST MULTI‐REGIONAL   297611   02/22/2022   DT Course ‐ Fisher   100‐22‐5430   35.00 Vendor NORTH EAST MULTI‐REGIONAL TRAINING INC Total: 35.00   Vendor: NORTHWESTERN MEDICINE OCC HEALTH  NORTHWESTERN MEDICINE  523802  02/22/2022  New Hire (Cipolla) #523802  100‐05‐5110  30.00 NORTHWESTERN MEDICINE   523802A   02/22/2022   Post Accident (Krueger)    610‐00‐6940   75.00 Vendor NORTHWESTERN MEDICINE OCC HEALTH Total: 105.00   Vendor: PACE ANALYTICAL SERVICES, LLC  PACE ANALYTICAL SERVICES,  I9498861  02/22/2022  Inv# I9498861 Monthly invoice  510‐31‐5110  825.00 Vendor PACE ANALYTICAL SERVICES, LLC Total:   825.00   Vendor: PETROCHOICE LLC  PETROCHOICE LLC   50689722   02/22/2022   Fuel ‐ STS ‐ 50689722   100‐33‐6250   612.00 PETROCHOICE LLC  50704445  02/22/2022  grease (50704445)  100‐33‐5370  128.45 PETROCHOICE LLC   50794425   02/22/2022   Fuel ‐ 50794425   100‐22‐6250   1,851.89 PETROCHOICE LLC   50800920   02/22/2022   50800920   100‐03‐6250   222.01 PETROCHOICE LLC   50800921   02/22/2022   Fuel ‐ WW ‐ 50800921   510‐32‐6250   141.53 PETROCHOICE LLC   50800922   02/22/2022   Fuel ‐ WTR ‐ 50800922   510‐31‐6250   89.31 PETROCHOICE LLC   50800923   02/22/2022   Fuel #50800923   100‐45‐6250   298.24 PETROCHOICE LLC   50800924   02/22/2022   Fuel ‐ STS ‐ 50800924   100‐33‐6250   945.11 PETROCHOICE LLC   50800925   02/22/2022   Fuel ‐ 50800925   100‐22‐6250   2,328.14 PETROCHOICE LLC   50808277   02/22/2022   Fuel ‐ UTY ‐ 50808277   510‐35‐6250   445.10 PETROCHOICE LLC  50808289  02/22/2022  50808289  100‐03‐6250  230.82 PETROCHOICE LLC   50808290   02/22/2022   Fuel ‐ WW ‐ 50808290   510‐32‐6250   455.95 PETROCHOICE LLC   50808291   02/22/2022   Fuel ‐ WTR ‐ 50808291   510‐31‐6250   211.98 PETROCHOICE LLC   50808292   02/22/2022   Fuel   100‐45‐6250   635.83 PETROCHOICE LLC  50808293  02/22/2022  Fuel ‐ STS ‐ 50808293  100‐33‐6250  1,514.46 PETROCHOICE LLC  INV0012769  02/22/2022  Fuel ‐ UTY ‐ 50800910  510‐35‐6250  203.48 Vendor PETROCHOICE LLC Total:   10,314.30   Vendor: PETTIBONE & CO, P F  PETTIBONE & CO, P F  181686  02/22/2022  Citations   100‐22‐6210  348.75 PETTIBONE & CO, P F   181696   02/22/2022   Badges ‐ #1136, #1137   100‐22‐6110   718.00 PETTIBONE & CO, P F   181704   02/22/2022   Warning Citations   100‐22‐6210   771.88 Vendor PETTIBONE & CO, P F Total:   1,838.63   Vendor: PITNEY BOWES INC  PITNEY BOWES INC   1019925246   02/22/2022   postage machine supplies   100‐03‐6210   135.98 Vendor PITNEY BOWES INC Total: 135.98   Vendor: ROCK 'N' KIDS INC  ROCK 'N' KIDS INC   MCHWI22   02/22/2022   Cont ‐ Rock n Kids   100‐46‐5110   382.50 Vendor ROCK 'N' KIDS INC Total:   382.50   Vendor: RP LUMBER  RP LUMBER   2202‐164522   02/22/2022   Lumber for safety railing  2202‐  100‐33‐6115   561.84 Vendor RP LUMBER Total:   561.84   Vendor: SHERWIN INDUSTRIES INC  SHERWIN INDUSTRIES INC   SS092163   02/22/2022   cncrete grinder (ss092163)   100‐33‐5370   1,936.32 Vendor SHERWIN INDUSTRIES INC Total: 1,936.32   Vendor: SHERWIN‐WILLIAMS CO, THE  SHERWIN‐WILLIAMS CO, THE  1594‐3  02/22/2022  Park Supplies   100‐45‐6110  125.38 SHERWIN‐WILLIAMS CO, THE   1622‐2   02/22/2022   Paint Plt 1   510‐31‐6110   168.98 SHERWIN‐WILLIAMS CO, THE   1634‐7   02/22/2022   Paint   100‐33‐6115   629.60 Vendor SHERWIN‐WILLIAMS CO, THE Total:   923.96       2/16/2022 3:02:56 PM   104 Expense Approval Register Packet: APPKT02326 ‐ 2‐22‐22 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: SNAPOLOGY OF MCHENRY  SNAPOLOGY OF MCHENRY   2‐3‐22   02/22/2022   Snapology Birthday Party   400‐00‐5225   150.00 Vendor SNAPOLOGY OF MCHENRY Total:   150.00   Vendor: STANS LPS MIDWEST  STANS LPS MIDWEST   365435   02/22/2022   MFP DaaS / Monthly Page   620‐00‐5110   428.03 STANS LPS MIDWEST   365439   02/22/2022   MFP Monthly Page Count Ricoh   620‐00‐5110   592.53 Vendor STANS LPS MIDWEST Total:   1,020.56   Vendor: STATE TREASURER   STATE TREASURER    61586   02/22/2022   Traffic Signal Maintenance   100‐33‐5110   8,996.10 Vendor STATE TREASURER  Total:   8,996.10   Vendor: SUNNYSIDE COMPANY  SUNNYSIDE COMPANY   109022   02/22/2022   324 (109022)   100‐22‐5370   125.58 SUNNYSIDE COMPANY   109044   02/22/2022   324    109044   100‐22‐5370   87.96 Vendor SUNNYSIDE COMPANY Total:   213.54   Vendor: ULTRA STROBE COMMUNICATIONS INC  ULTRA STROBE   080397   02/22/2022   Spotlight Handle Assem   100‐22‐5370   45.95 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 45.95   Vendor: USA BLUEBOOK  USA BLUEBOOK  864879  02/22/2022  Wiki 0‐10 psi transducer  INV#  510‐32‐5380  1,635.11 Vendor USA BLUEBOOK Total:   1,635.11   Vendor: VERIZON CONNECT FLEET USA LLC  VERIZON CONNECT FLEET USA   316000021498   02/22/2022   GPS For PW Vehicle Fleet   620‐00‐5110   497.50 Vendor VERIZON CONNECT FLEET USA LLC Total:   497.50   Vendor: VERIZON WIRELESS  VERIZON WIRELESS   9898719352   02/22/2022   Monthly Cell Phone   620‐00‐5320   2,185.70 Vendor VERIZON WIRELESS Total:   2,185.70   Vendor: VICTOR FORD, INC  VICTOR FORD, INC   162416   02/22/2022   803    162416   510‐35‐5370   37.83 VICTOR FORD, INC   162507   02/22/2022   527     162507   510‐31‐5370   29.25 VICTOR FORD, INC   162513   02/22/2022   317   162513   100‐22‐5370   426.82 VICTOR FORD, INC  162581/162595 CR  02/22/2022  PD  stock      162581  100‐22‐5370  12.75 VICTOR FORD, INC  162617  02/22/2022  527    162617  510‐31‐5370  264.55 Vendor VICTOR FORD, INC Total:   771.20   Vendor: WEST SIDE TRACTOR SALES  WEST SIDE TRACTOR SALES  N17922  02/22/2022  Equipment repairs   100‐45‐5370  2,300.67 Vendor WEST SIDE TRACTOR SALES Total:   2,300.67        Grand Total: 65,607.81         2/16/2022 3:02:56 PM   105 Expense Approval Register Packet: APPKT02326 ‐ 2‐22‐22 RECT INV     Fund Summary      Fund    Expense Amount     100 ‐ GENERAL FUND   40,042.27     400 ‐ RECREATION CENTER FUND  150.00    510 ‐ WATER/SEWER FUND   6,992.62     610 ‐ RISK MANAGEMENT FUND   75.00     620 ‐ INFORMATION TECHNOLOGY FUND   18,347.92     Grand Total:   65,607.81             106 AS NEEDED CHECKS COUNCIL MEETING 2-22-2022 100 100-03-6110 ACE HARDWARE, MCHENRY 01/07/2022 51.76 100 100-22-6210 ACE HARDWARE, MCHENRY 01/07/2022 34.45 100 100-33-5370 ACE HARDWARE, MCHENRY 01/07/2022 131.70 100 100-33-6110 ACE HARDWARE, MCHENRY 01/07/2022 181.24 100 100-45-6110 ACE HARDWARE, MCHENRY 01/07/2022 622.56 510 510-31-6110 ACE HARDWARE, MCHENRY 01/07/2022 89.81 510 510-32-5375 ACE HARDWARE, MCHENRY 01/07/2022 309.51 510 510-32-5380 ACE HARDWARE, MCHENRY 01/07/2022 170.48 620 620-00-5110 AT&T 01/07/2022 1501.27 620 620-00-5320 AT&T 01/07/2022 701.82 620 620-00-5110 AT&T 01/07/2022 1129.25 100 100-01-8900 CHRISTOPHER B BURKE ENGINEERING, LTD 01/07/2022 1370.25 100 100-01-5110 COMED 01/07/2022 3538.68 100 100-47-5110 MUNDELEIN MUSTANG SWIM CLUB 01/07/2022 1232.00 100 100-01-6210 STAPLES BUSINESS CREDIT 01/07/2022 41.49 100 100-04-6210 STAPLES BUSINESS CREDIT 01/07/2022 77.62 100 100-33-6210 STAPLES BUSINESS CREDIT 01/07/2022 131.00 100 100-47-6110 STAPLES BUSINESS CREDIT 01/07/2022 60.99 510 510-31-6210 STAPLES BUSINESS CREDIT 01/07/2022 131.00 510 510-32-6210 STAPLES BUSINESS CREDIT 01/07/2022 56.25 510 510-35-6210 STAPLES BUSINESS CREDIT 01/07/2022 129.99 290 290-00-5110 VANDERSTAPPEN SURVEYING & ENGINEERING 01/07/2022 5025.00 760 760-00-4990 ESCHBACH, MARY LEE 01/14/2022 49424.70 100 100-22-5430 FIRST BANKCARD 01/14/2022 1565.03 100 100-22-6110 FIRST BANKCARD 01/14/2022 717.51 100 100-23-5430 FIRST BANKCARD 01/14/2022 577.00 100 100-30-5310 FIRST BANKCARD 01/14/2022 27.10 100 100-33-6950 FIRST BANKCARD 01/14/2022 10.00 100 100-41-5330 FIRST BANKCARD 01/14/2022 79.19 100 100-41-6110 FIRST BANKCARD 01/14/2022 639.60 100 100-42-5410 FIRST BANKCARD 01/14/2022 300.00 100 100-45-6110 FIRST BANKCARD 01/14/2022 980.97 100 100-46-5110 FIRST BANKCARD 01/14/2022 65.91 100 100-46-6110 FIRST BANKCARD 01/14/2022 6345.05 100 100-46-6920 FIRST BANKCARD 01/14/2022 107.82 100 100-47-5110 FIRST BANKCARD 01/14/2022 249.50 100 100-47-5430 FIRST BANKCARD 01/14/2022 40.00 100 100-47-6110 FIRST BANKCARD 01/14/2022 336.64 400 400-00-6110 FIRST BANKCARD 01/14/2022 81.97 510 510-31-5410 FIRST BANKCARD 01/14/2022 238.00 100 100-45-6110 MENARDS - WOODSTOCK 01/14/2022 38.97 100 100-03-5120 NAPA AUTO PARTS MPEC 01/14/2022 276.06 100 100-03-5370 NAPA AUTO PARTS MPEC 01/14/2022 167.08 100 100-22-5370 NAPA AUTO PARTS MPEC 01/14/2022 497.80 100 100-22-6250 NAPA AUTO PARTS MPEC 01/14/2022 323.28 100 100-33-5370 NAPA AUTO PARTS MPEC 01/14/2022 840.26 100 100-33-6250 NAPA AUTO PARTS MPEC 01/14/2022 163.38 100 100-45-5370 NAPA AUTO PARTS MPEC 01/14/2022 337.91 510 510-31-5370 NAPA AUTO PARTS MPEC 01/14/2022 29.13 510 510-32-5380 NAPA AUTO PARTS MPEC 01/14/2022 174.74 510 510-32-5380 NAPA AUTO PARTS MPEC 01/14/2022 159.89 510 510-32-6110 NAPA AUTO PARTS MPEC 01/14/2022 45.48 510 510-35-5370 NAPA AUTO PARTS MPEC 01/14/2022 573.11 100 100-01-6940 SECRETARY OF STATE / DEPT OF POLICE 01/14/2022 151.00 760 760-00-5110 VERITEXT 01/14/2022 839.65 100 100-45-5110 ARAGON CARPET CLEANING 01/21/2022 400.00 107 100 100-01-6110 BANKCARD PROCESSING CENTER 01/21/2022 73.14 100 100-01-6940 BANKCARD PROCESSING CENTER 01/21/2022 112.55 100 100-03-5110 BANKCARD PROCESSING CENTER 01/21/2022 800.00 100 100-03-6110 BANKCARD PROCESSING CENTER 01/21/2022 112.90 100 100-06-5110 BANKCARD PROCESSING CENTER 01/21/2022 141.09 100 100-06-5410 BANKCARD PROCESSING CENTER 01/21/2022 250.00 100 100-06-5430 BANKCARD PROCESSING CENTER 01/21/2022 15.00 100 100-22-5410 BANKCARD PROCESSING CENTER 01/21/2022 230.00 100 100-22-6210 BANKCARD PROCESSING CENTER 01/21/2022 108.89 100 100-22-6310 BANKCARD PROCESSING CENTER 01/21/2022 100.00 100 100-41-5110 BANKCARD PROCESSING CENTER 01/21/2022 384.00 400 400-00-5321 BANKCARD PROCESSING CENTER 01/21/2022 324.98 400 400-40-5110 BANKCARD PROCESSING CENTER 01/21/2022 679.00 620 620-00-5110 BANKCARD PROCESSING CENTER 01/21/2022 599.98 100 100-03-5120 CINTAS CORPORATION LOC 355 01/21/2022 90.95 100 100-33-4510 CINTAS CORPORATION LOC 355 01/21/2022 271.15 100 100-33-6110 CINTAS CORPORATION LOC 355 01/21/2022 338.90 510 510-32-4510 CINTAS CORPORATION LOC 355 01/21/2022 588.03 100 100-33-5520 COMED 01/21/2022 21141.83 100 100-33-5520 COMED 01/21/2022 95.72 510 510-32-5510 COMED 01/21/2022 4912.95 100 100-22-5110 LEXISNEXIS 01/21/2022 194.00 100 100-22-5110 LEXISNEXIS 01/21/2022 130.50 100 100-22-5110 LEXISNEXIS 01/21/2022 119.50 100 100-22-5110 LEXISNEXIS 01/21/2022 126.00 290 290-00-8900 MENDEZ LANDSCAPING & BRICK PAVERS INC 01/21/2022 250.00 100 100-45-5110 MENDEZ LANDSCAPING & BRICK PAVERS INC 01/21/2022 500.00 100 100-47-5110 MUNDELEIN MUSTANG SWIM CLUB 01/21/2022 49.00 100 100-01-5110 NICOR GAS 01/21/2022 4621.66 510 510-31-5110 OLSSON ROOFING COMPNAY INC 01/21/2022 985.00 100 100-01-6110 PRAIRIELAND DISPOSLA 01/21/2022 7000.00 100 100-47-5110 ROBINSON, STEVEN 01/21/2022 75.00 100 100-03-6110 SYNCB/AMAZON 01/21/2022 247.80 100 100-06-6210 SYNCB/AMAZON 01/21/2022 16.95 100 100-45-5370 SYNCB/AMAZON 01/21/2022 161.16 100 100-46-6110 SYNCB/AMAZON 01/21/2022 49.33 100 100-46-6920 SYNCB/AMAZON 01/21/2022 39.99 620 620-00-6270 SYNCB/AMAZON 01/21/2022 1699.90 620 620-00-5110 US BANK EQUIPMENT FINANCE 01/21/2022 598.56 510 510-32-5580 WINNEBAGO LANDFILL CO 01/21/2022 3844.80 620 620-00-5320 AT&T 01/28/2022 365.17 100 100-33-8600 CHICAGOLAND PAVING CONTRACTORS, INC 01/28/2022 194646.66 280 280-41-8800 CHICAGOLAND PAVING CONTRACTORS, INC 01/28/2022 50000.00 620 620-00-5110 COMCAST CABLE 01/28/2022 154.90 620 620-00-5110 COMCAST CABLE 01/28/2022 164.71 100 100-22-6110 CONDITION YELLOW ARMORY 01/28/2022 372.00 100 100-46-5110 DRURY LANE THEATER 01/28/2022 2245.00 620 620-00-5110 MOTOROLA SOLUTIONS - STARCOM21 NETWORK01/28/2022 218.27 100 100-45-6110 NORTHWEST ELECTRICAL SUPPLY CO INC 01/28/2022 740.00 100 100-45-6110 NORTHWEST ELECTRICAL SUPPLY CO INC 01/28/2022 84.12 100 100-45-6110 NORTHWEST ELECTRICAL SUPPLY CO INC 01/28/2022 195.00 620 620-00-5110 PORTER LEE CORPORATION 01/28/2022 1663.00 100 100-33-5110 SERVICEMASTER BY THACKER 01/28/2022 2380.00 620 620-00-6110 STANS LPS MIDWEST 01/28/2022 25.00 100 100-47-5110 VILLAGE OF PLEASANT PRAIRIE - RECPLEX 01/28/2022 604.00 TOTAL: 389459.89 108 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: February 22, 2022 FROM: Cody Sheriff, City Planner RE: Ordinance granting a Use Variation for a 3-unit multifamily building at 1410 N Riverside Drive ATT: 1. Unapproved Planning & Zoning Commission Minutes Dated January 19, 2022 2. Ordinance granting a Use Variation for a 3-unit multifamily building at 1410 N. Riverside Drive 3. Planning & Zoning Commission Staff Report 4. Application Packet AGENDA ITEM SUMMARY: The petitioner Patrycja Sudol, managing member of Sudol LLC, is requesting approval of a Use Variation to accommodate the existing 3-unit multifamily residence at 1410 N Riverside Drive. A Planning & Zoning Commission Public Hearing was held on January 19, 2022. Two residents that live within the vicinity of the development testified during the hearing that they did not object to the petitioner’s request. The residents cited the location being largely a commercial area, and that all parking must be accommodated on site or in a designated parking area in the downtown. The Core Downtown Subarea Plan recommends historic preservation of the area. The Planning & Zoning Commission agreed with the residents and unanimously recommended approval subject to several conditions of approval. If the City Council agrees with the Planning & Zoning Commission, it is recommended the attached ordinance granting a Use Variation for a 3-unit multifamily building at 1410 N Riverside Drive be approved. (City Council vote-simple majority) 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 Unapproved Planning & Zoning Commission Minutes from January 19, 2022 File No. Z-2022-02 Patrycja Sudol Use Variation to accommodate the existing 3-unit multifamily building in the C-4 Downtown Commercial District at the property commonly known as 1410 N. Riverside Drive Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z-2022-02 a Use Variation to accommodate the existing 3-unit multifamily building in the C-4 Downtown Commercial District at the property commonly known as 1410 N. Riverside Drive. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Patrycja Sudol, 3320 Lincoln St., Franklin Park, IL, representing Sudol LLC was sworn in. Ms. Sudol stated the subject property was purchased by her in November 2021 as a multifamily 3-unit residence and she is requesting a use variation to continue that use so the three families that have been occupying it, some for 12+ years, are not displaced. She stated the home was built in 1912 but converted to multifamily approximately 20 years ago. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the subject property was recently purchased by the petitioner and at the time of the purchase the petitioner was made aware of the pre-existing unlawful nonconforming use of the property. Planner Sheriff explained residential land use is only permitted above the ground floor of a nonresidential use in the C-4 Downtown Commercial District. The property is currently operating as a 3-unit residential building and is fully occupied. The McHenry Township Assessor’s database identifies that the 2-story house was built in 1912. There is no history of any code enforcement violations on the property. The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance. The Zoning Ordinance does not have parking requirements in the Downtown Commercial District. Planner Sheriff stated this is typical of traditional suburban downtown commercial areas with limited space and public parking facilities managed by the municipality. Off-street parking is typically required as part of a development approval process in larger mixed-use commercial/multifamily developments. Conversations with the landowner indicate that all parking is accommodated on site. Staff can confirm that no overnight parking is allowed in the public right-of-way without being ticketed by Police. Residential parking permits are available in municipal parking lots for residents of existing buildings in the downtown. Staff does not believe 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 this development will generate any adverse impacts since there are already safeguards in place for public parking. Staff could not determine exactly how long the property has operated as a 3-unit multifamily dwelling. Water billing records indicate that at least two units have existed since 2012. The walkthrough inspection of the property only showed two electric meters. It is not uncommon for multifamily dwellings to evenly divide some, if not all, utilities amongst tenants. Google imagery Street View dating August of 2019 did show at least three (3) mailboxes on the front of the building next to the entryway. A conversation with the owners of the next-door neighbors, After the Fox, confirmed there have been three tenants in the house for a long time. Planner Sheriff stated the future land use map recommends commercial land use of the subject property. The proposed development is not consistent with this recommendation. In summary, staff believes the proposed development is somewhat consistent with the City’s Comprehensive Plan objectives and policies. He further presented staff comments in regard to those objectives and policies as well as Core Downtown Subarea Plan objectives and policies as detailed in his staff report. Planner Sheriff presented a summary analysis stating if the Planning & Zoning Commission agreed with the petitioner’s request, then approval of a motion as presented in the Staff Report was recommended. Chairwoman Rockweiler invited questions and/or comments from the Public. Tim McCann 3507 Broad Street stated the neighborhood is concerned with these types of multifamily residences, but they recognize the difference in this one as it is next to commercial property rather than surrounded by residential. He was concerned with parking but it was explained that ample parking is provided for the tenants. Danielle Miller 1411 N Green agrees with Mr. McCann’s comments about the difference in this request but asks that it be properly maintained in accordance with the neighborhood. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:15 p.m. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Commissioner Bremer asked Planner Sheriff how this request compares to the similar request at the previous meeting for another property in this area. Planner Sheriff stated it is not surrounded 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 by residential, it is next to commercial, the question prior was regarding the coach house, an extra building, and that is not the case here. He does not believe it would set a precedent. Commissioner Davis asked if there have been issues in the past or were resident comments made simply to be heard. Planner Sheriff asked Mr. McCann and Ms. Miller if they were personally aware of any issues at this particular property. Both residents stated they did not know of any and were happy staff checked with the next-door business owner. Planner Sheriff was not aware of any issues either and stated building and zoning requirements were being met. Commissioners Lehman and Smale had no questions. They were happy the owner is trying to bring the property into compliance. Commissioner Sobotta asked Planner Sheriff, in regard to dwelling units per acre as a measurement, where this property falls. Planner Sheriff calculated 23 people per acre and added this is downtown C-4 district not residential. Commissioner Sobotta asked if the basement studio apartment fire egress was even possible given the tightness of the property. Ms. Sudol stated it was possible and she has already secured three estimates to have the work done. Commissioner Sobotta inquired where the egress would be in the house. Ms. Sudol responded it would be in the front of the home where the bedroom in the basement is. Motion by Lehman seconded by Smale with regard to File No. Z-2022-02, to recommend approval of the petitioner’s request for a use variance to allow a 3-unit multifamily building at 1410 N Riverside Drive subject to the following conditions: 1. The property owner shall apply for a building permit to correct all deficiencies noted from the walk-through inspection performed by the City Building Inspector on December 10, 2021. All repair & construction work shall be completed within one year from the date of approval by City Council. 2. The property owner shall preserve the unique historic architectural features of the structure to the greatest extent possible as determined by the Zoning Administrator. AND by making said motion, that the approval criteria for Use Variations have been met as outlined in the Staff Report. Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 0-absent. Motion Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-2022-02 at 7:26 p.m. 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 ORDINANCE NO 22- ORDINANCE GRANTING A USE VARIATION FOR A 3-UNIT MULTIFAMILY BUILDING AT 1410 N RIVERSIDE DRIVE 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 Patrycja Sudol, managing member of Sudol LLC (“PROPERTY OWNER”), requesting approval of a Use Variation for an existing 3-unit multifamily building for the property located at 1410 N Riverside Drive and legally described on Exhibit “A” attached hereto and incorporated herein, the “SUBJECT PROPERTY”; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on January 19, 2022 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Use Variation and Zoning Variations; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Use Variation 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 operate a 3-unit, multifamily building subject to the following conditions: 1. The property owner shall apply for a building permit to correct all deficiencies noted from the walkthrough inspection performed by the City Building Inspector on December 10, 2021. All repair & construction work shall be completed within one year from the date of approval by City Council. 2. The property owner shall preserve the unique historic (Dutch Colonial Revival) architectural features of the structure to the greatest extent possible as determined by the Zoning Administrator. 113 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 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: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 22nd day of February, 2022. 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 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 Exhibit A Legal Description of the Subject Property LOT 4 IN BLOCK 17 IN THE ORIGINAL PLAT OF THE VILLAGE (NOW CITY) OF MCHENRY ON THE WEST SIDE OF THE FOX RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST FRACTIONAL QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1840 IN BOOK B OF DEEDS, PAGE 160, IN MCHENRY COUNTY, ILLINOIS. PIN: 09-26-432-004 115 116 117 118 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 Patrycja Sudol, managing member of Sudol LLC (“Owner of Record”), is requesting approval of a Use Variation to accommodate the existing 3-unit multifamily building in the C-4 Downtown Commercial District at the property commonly known as 1410 N. Riverside Drive. The subject property was recently purchased by the petitioner in November of 2021. It was at the time of the purchase the petitioner was made aware of the pre-existing unlawful nonconforming use of the property (see attached Zoning Verification Letter). Residential land use is only permitted above the ground floor of a nonresidential use in the C-4 Downtown Commercial District. The property is currently operating as a 3-unit residential building and is fully occupied. The McHenry Township Assessor’s database identifies that the 2- story house was built in 1912. CODE ENFORCEMENT HISTORY There is no history of any code enforcement violations on the property. 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 CURRENT LAND USE & ZONING The subject property is currently zoned C-4 Downtown Commercial District. Abutting properties consist of Weber Park (north), commercial businesses (south), nonconforming residential (west), and the Fox River (east). x Parking: The subject property is located within the C-4 Downtown Commercial District. The Zoning Ordinance does not have parking requirements in the Downtown Commercial District. This is typical of traditional suburban downtown commercial areas with limited space and public parking facilities managed by the municipality. Off-street parking is typically required as part of a development approval process in larger mixed-use commercial/multifamily developments. Conversations with the landowner indicate that all parking is accommodated on site. Staff can confirm that no overnight parking is allowed in the public right-of-way without being ticketed by Police. Residential parking permits are available in municipal parking lots for residents of existing buildings in the downtown. Staff does not believe this development will generate any adverse impacts since there are already safeguards in place for public parking. x Operations as Multifamily Dwelling: Staff could not determine exactly how long the property has operated as a 3-unit multifamily dwelling. Water billing records indicate that at least two units have existed since 2012. The walkthrough inspection of the property only showed two electric meters. It is not uncommon for multifamily dwellings to evenly divide some, if not all, utilities amongst tenants. Google imagery Street View dating August of 2019 did show at least three (3) mailboxes on the front of the building next to the entryway (see photo on next page). 119 FFUTURE LAND USE MAP RECOMMENDATION The future land use map recommends commercial land use of the subject property. The proposed development is not consistent with this recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is somewhat consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments x Land Use, Objective – Allow a mixture of land uses in appropriate areas to promote responsible growth while providing a high quality of life to the residents. o Policy – “Preserve and expand areas of residential land use.” (p. 27) ƒ Approval of the applicant’s request would preserve and expand areas of residential land use. x Neighborhood Character, Objective – Promote Downtown Housing. o Policy – “Approve high-density multi-family residential in conjunction with commercial retail to create a mixed-use area.” (p. 48) ƒ Located within the Historic Downtown, approval of the request would promote having multifamily land use within walking distance of commercial businesses. x Growth, Objective – Encourage and guide responsible development throughout the City. o Policy – “Promote development that blends with existing development in the area especially if located within a unique-sub area.” (p. 29) ƒ The subject property is located withing the Core Downtown Subarea. See next section for analysis. 120 CCORE DOWNTOWN SUBAREA PLAN OBJECTIVES & POLICIES The Core Downtown Subarea Plan Text Update (2009) and Core Downtown Subarea Plan (2003) and be viewed online at www.cityofmchenry.org/planningdocuments under “Subarea Plans & Downtown Design Guidelines”. Staff comments italicized. x Core Downtown Subarea Vision: Historic downtown McHenry connects the community to its small town roots. Providing a wide variety of community-oriented businesses downtown blends retail, professional services, civic and residential uses into an unique and dynamic neighborhood that attracts people of all ages. (p. 5) The Planning & Zoning Commission may wish to consider if the proposed development is in conformance with the Vision of the Core Downtown Area. x Goal – Encourage additional downtown housing and mixed-use development opportunities. Staff believes the proposed use of the property is consistent with promoting additional downtown housing in the area. Due to the size of the parcel (0.13 acres), staff believes redevelopment of the site to a commercial use as recommended by the future land use map would be challenging. x Core Downtown Subarea – Future Land Use Map Recommendation: Preserve the historic charm of this section of the Core Downtown. The property was constructed as a single-family residence in 1912 and has maintained its unique historic architectural features. The Commission may wish to consider if the proposed use meets the intent of the ordinance of preserving the historic charm of the area. STAFF SUMMARY ANALYSIS x According to water billing records, two dwelling units have operated on site since 2012 (10 years). The walkthrough inspection also noted only two electrical meters. Three mailboxes appear from Google Street View Imagery dating back to August of 2019. x All parking is accommodated on site. Overnight parking in public parking spaces is a ticket-able offense unless approved for a Resident Parking Permit in the downtown. x The future land use map recommends commercial land use. Although the request is not consistent with this recommendation, staff believes redevelopment of the existing 0.13-acre lot into a new commercial use would be challenging due to its size. x The development is located within the Core Downtown Subarea. The future land use map of the subarea plan identifies that this area should maintain its historic charm but also recommends commercial land use. Staff have included as a condition of approval that the property owner shall preserve the unique architectural features to the greatest extent possible. x The petitioner will need to address all building code issues noted from the walkthrough inspection. Staff have included a condition of approval to complete all necessary repairs and corrections within one year if approved. x Denial of the request would revert the property to a legal nonconforming single-family residence. (Sample motion on next page) 121 If the Planning & Zoning Commission agrees with the petitioner’s request, then the following motion is recommended: MOTION: I motion to recommend approval of the petitioner’s request for a use variance to allow a 3-unit multifamily building at 1410 N Riverside Drive subject to the following conditions: 1. The property owner shall apply for a building permit to correct all deficiencies noted from the walkthrough inspection performed by the City Building Inspector on December 10, 2021. All repair & construction work shall be completed within one year from the date of approval by City Council. 2. The property owner shall preserve the unique historic architectural features of the structure to the greatest extent possible as determined by the Zoning Administrator. AND by making said motion, that the approval criteria for Use Variations have been met as outlined in the Staff Report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-5) A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Staff believes the strict application of the provisions of the Zoning Ordinance would result in an unnecessary and undue hardship upon the applicant and the tenants of the building. B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this title for the pertinent zoning district. Staff believes the size and configuration of the lot (0.13 acres) would deter commercial use of the property making it difficult to yield a reasonable return if permitted to be used only under the conditions allowed by the C-4 Downtown Commercial District. C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. Staff believes the request is under a special circumstance related to the longevity of the use dating back to at least since 2019 according to Google Imagery Street View. D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the locality, nor substantially impair environmental quality, property values or public safety or welfare in the vicinity. Staff does not believe approval of the request will generate any adverse impacts on the surrounding area. Bringing the property into compliance with building regulations will have a positive impact on property values. E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City. Staff believes the overall request is consistent with the Title and Comprehensive Plan of supporting multifamily development near the Downtown. 122 Public Hearing Application Packet Page 5 of 20 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: Patrycja Sudol, single member of SUDOL LLC Tel: 630.999.6619 Address: 3320 Lincoln St, Franklin Park, IL 60131 Fax None Email: patrycjasudol@gmail.com _____________________________ 2. Name of Property Owner SUDOL LLC Tel 630.999.6619 (If other than Applicant) Address 3320 Lincoln St, Franklin Park, IL 60131 Fax None Email _____________ patrycjasudol@gmail.com ____________________ 3. Name of Engineer Tel (If represented) Address Fax Email ______________________________________________________ 4. Name of Attorney Tel (If represented) Address Fax Email ______________________________________________________ 5.Common Address or Location of Property 1410 N Riverside Dr, McHenry, IL 60050 6.Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) X Zoning Variance – Minor (Residential) Conditional Use Permit Zoning Text Amendment Zoning Variance (Non-residential) X Use Variance FORM A 123 Public Hearing Application Packet Page 6 of 20 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: 1410 N Riverside Drive, McHenry, IL 60050, built in year 1912, was converted to a multifamily 3-unit residence approximately 20 years ago. I purchased this property in November of 2021 and I am requesting to continue its use as a multifamily 3-unit residence. The families occupying these residential units have lived there for many years, some for 12+ years. These units are description as follows: The first-level unit is 2 bedroom/1bathroom residential apartment The second-level unit is a 1 bedroom/1bathroom residential apartment The basement unit is a studio apartment with bathroom. 124 Public Hearing Application Packet Page 7 of 20 7.Current Use of Property Multifamily 3-unit residential 8.Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning Map) C-4 Downtown Commercial District legal nonconforming use 9.Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map) North: RS-4 High-Density Single Family Residential South: C-4 Downtown Commercial East: None West: C-4 Downtown Commercial 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 950 125 Public Hearing Application Packet Page 8 of 20 11.Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation’s officers, directors, and registered agents, or the partnership’s general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12.Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) Patrycja Sudol, single member of SUDOL LLC 126 Public Hearing Application Packet Page 16 of 20 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. 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. 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. The property has operated as a multifamily residence for a number of decades. Not approving the request would require eviction of the existing tennants. The property is located in the downtown area where higher density is desired. It is an unique circumstance where the property has operated for decades. 127 Public Hearing Application Packet Page 17 of 20 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. 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. The property has operated as a 3-unit multifamily building for decades in harmony with the surrounding area. The request is consistent with promoting multifamily in the downtown area. 128 129 130 131 132 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 Cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: February 22, 2022, Regular City Council Meeting RE: Vacant Building Incentive Program ATT: 1.Photographs of Vacant Buildings 2.Vacant Building Incentive Program 3.List of Vacant Buildings Agenda Item Summary: Attached is a proposed Vacant Building Incentive Program, a list of vacant buildings and photographs of vacant buildings in the City. The intent of the proposed program is to incentivize developers to build on/redevelop these sites, which have been vacant for a minimum of three years. Analysis: In an effort to encourage the redevelopment of vacant commercial buildings within the City, Staff is proposing the adoption of a new program by City Council. The Vacant Building Incentive Program is geared towards non-industrial buildings and is intended to provide a five-year tax abatement from multiple taxing bodies, much like the existing Underutilized Property Tax Abatement and Incentive Program. The difference is the Vacant Building Incentive Program is for totally vacant buildings, which have been vacant for at least three years and is target towards non-industrial buildings. The program includes an application, which asks for basic information about the applicant’s proposed project and the property. The intent here is to ensure it is a legitimate business project. The abatement only applies to the increase in taxes following redevelopment, similar to a tax increment financing district. Further, there are no partial abatements. This is to prevent people 133 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 Cityofmchenry.org who own shopping centers, with one or two vacant units from utilizing this program. To fill one or two units. Staff did discuss this idea with both District 156 and District 15 and the McHenry Township Fire Protection District. Upon approval by Council, other taxing districts will be asked to support/adopt the program and staff will begin to market the program to property owners and potential users. The primary focus will be on more high-profile/visible vacant buildings, such as 1900 N Richmond Road and 209 N Front Street. If the City Council concurs it is recommended to approve the Vacant Building Incentive Program as presented. 134 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 Cityofmchenry.org Photographs of Vacant Buildings 4507 W Elm 135 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 Cityofmchenry.org 1900 N Richmond 136 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 Cityofmchenry.org 3111 W Route 120 137 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 Cityofmchenry.org 209 Front Street 138 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 Cityofmchenry.org 522 S Illinois Route 31 139 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 Cityofmchenry.org 3510 W Elm 140 City of McHenry 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.il.us VACANT BUILDING INCENTIVE PROGRAM 1 OVERVIEW AND SUMMARY OF PROGRAM In accordance with its current Economic Development Strategy the City of McHenry can authorize a sales tax rebate as an incentive and means of encouraging the development, expansion, or redevelopment of a property by a comm ercial sales tax producing business. The Vacant Building Incentive Program is an extension of other existing City incentive progr ams, focusing on property tax abatement for qualified entities, which may be utilized for properties with vacant buildings which meet certain c riteria including: A)Properties with a building that has been vacant for a minimum of three (3) years. B)Abatement is only for increase in taxes following r edevelopment. C)No partial abate ments permitted-only completely vacant buildings. Pr operty Tax Abatement is for five (5) years from receipt of C ertificate of Occupancy. The purpose of the Vacant Building Incentive Program is to encourage reinvestment in existing improved vacant properties through a property tax abatement program instituted through multiple taxing bodies. Over time , assessed valuations of vacant properties decrease or remain stagnant hindering tax growth for all applicable governmental bodies, and the intent of this program through intergovernmental cooperation is to abate the property tax increase over time following property redevelopment and/or reoccupation of a previously vacant building. City sales tax rebates can also be utilized in conjunction with property tax abatement. A goal of this program is to be able to ef fectively market speci fic properties to potential investors, developers and/or businesses, which at one time contained sales and property tax producing businesses, were home to job-generating companies (but due to various circumstances have since been vaca ted) or have become obsolete due to the size of the land, building, or a combination thereof. 141 City of McHenry 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.il.us VACANT BUILDING INCENTIVE PROGRAM 2 PART I: COMPANY INFORMATION Company Name and Headquarters (please complete in full): Na me: ___________________________________________________________________ Address: _________________________________________________________________ City: _____________________________________________________________________ State, Zip Code: ____________________________________________________________ Phone: ___________________________________________________________________ Fax: ______________________________________________________________________ Executive Officer/Company Designee (please complete in full): Na me (First, Last): __________________________________________________________ Email : ____________________________________________________________________ Phone: ___________________________________________________________________ Fax: ______________________________________________________________________ C ontact (if different from above (complete in full): Na me (First, Last): __________________________________________________________ Email : ____________________________________________________________________ Phone: ___________________________________________________________________ Fax: ______________________________________________________________________ State of Incorporation/organization and year: ___________ PART II: NATURE AND HISTORY OF THE APPLICANT’S BUSINESS (Please provide a genera l description of the applicant’s lines of business engaged in, history and reason for the project, i.e., company outgrew its existing space, entering new market, etc.) ______ ______ 142 City of McHenry 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.il.us VACANT BUILDING INCENTIVE PROGRAM 3 PART III: PROJECT INFORMATION (Describe the natur e of the proposed project, including : size of facility; amount of land to be purchased (if applicable); whether the project is an expansion of an existing facility; construction of a new facility, or both; proposed use of the facility; reason(s) the applic ant requires a new or expanded facility; and phasing plans if the project is to be constructed in multiple phases.) Street Address: Parcel Ident ification Number (PIN): Current Zoning of Property: Current Equalized Assessed Value (EAV) and Property Taxes a. Land: b. Building: c. Property Taxes: 143 City of McHenry 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.il.us VACANT BUILDING INCENTIVE PROGRAM 4 Please provide property acquisition, investigation, and entitlement timeline, including targeted deadlines, amount of time for due d iligence, ideal approval dates for incentives being requested, any zoning relief which may be required, building pe rmit review timeline expectations, buildout and construction schedule and projec ted opening date (please be as specific as possible). Attach a narrative if necessary. Description of Estimated Costs (include how line-item cost will be / proposed source of financing): a. Acquisition of land/building(s): ______ b. Architectural and Engineeri ng Costs (estimate): c. Building Improvements (estima ted construction cost broken down by type/cost of improvement): ______ d. Site Improvements: ______ e. Utility Construc tion/Expansion (upgrades/oversizing required): f. Renovation Costs (estimated construction cost broken down by type/cost of work to be done): g. Machinery and Equipment: h. Furniture and Fixtures: i. Misc. (accounting, leg al, etc.): j. Contingency: TOTAL ESTIMATED PROJECT COSTS: 144 City of McHenry 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.il.us VACANT BUILDING INCENTIVE PROGRAM 5 PART VI: DISCLOS URE OF INTEREST AND CERTIFICATION OF APPLICATION The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option ho lder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and tel ephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owner (s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation’s officers, directors, and registered agents, or the partnership ’s general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by t he limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I understand this appli cation is the initial step required to be considered for any economic development incentive. Signature of Applicant(s) Print Name and Designation (Title) of Applicant(s) 145 VACANT BUILDINGS Address PIN Taxes Est. # Yrs. Vacant 1900 N Richmond 09-26-201-038 97,488.00$ 10 3510 W Elm 09-26-408-033, 09-26-408-034, 09-26-408-016, 09-26-408-035, 09-26-408-019 53,758.00$ 7 3522 W Elm 09-26-408-030 7,693.00$ 7 209 N Front 09-35--351-004 15,096.00$ 10 610 S Route 31 14-02-302-015 15,377.00$ 3 522 S Route 31 14-02-151-001 7,293.00$ 6 4507 W Elm 09-27-407-023 5,693.00$ 5 3111 W Route 120 09-26-482-020, 09-26-482-021 4,807.00$ 8 2902 W Route 120 09-25-354-016 4,766.00$ 2 2904 W Route 120 09-25-354-018 9,284.00$ 3 4025 Main Street 09-27-480-002 11,430.00$ 4 2730 W Route 120 09-36-126-009 99,792.00$ 2 3815 W Elm St.09-26-379-032 3,517.00$ 1 4509 W Elm St.09-27-407-022 10,460.00$ 2 4012 Main St.09-26-352-007, 09-26-352-012, 09-26-352-013 17,752.00$ 1 2808 W Illinois Route 120 09-25-376-006, 09-36-126-004 12,177.00$ 1 3319 W Elm 09-26-457-004 4,808.00$ 3 146 147 148 149 Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@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. DATE: TO: FROM: RE: ATT: DISCUSSION AGENDA SUPPLEMENT January 3, 2022 Mayor and City Council City Staff Discussion Regarding the Implementation of Community Investment Plan for General Fund Capital Asset Maintenance and Replacement Presentation Exhibit A – General Fund Capital Expediture History (2013-2022) Exhibit B – General Fund Capital Projection (2022-2041) Exhibit C – General Fund Revenue History & Projection Exhibit D – Property Tax Levy History and PTELL Analysis Exhŝbit E – Municipal Revenue Source Comparisons AGENDA ITEM SUMMARY: The purpose of this agenda item is twofold. First, it is an opportunity for Staff to introduce to Council the implementation of a new General Fund capital asset maintenance and replacement planning tool – the Community Investment Plan – to replace the Capital Improvement Plan that has been used for the past 9 years. As presented, this plan will become the strategy used for the planning, budgeting, and implementation of General Fund capital asset and maintenance expenditures as part of the annual budget process. Second, it is an opportunity for Staff to introduce to Council the status of General Fund Revenues, project the City’s long-term ability to meet the capital asset maintenance and replacement needs funded through the General Fund, and identify potential alternate General Fund Revenue sources that Council may choose to consider implementing in the future. No action is being requested at this time, this is simply an opportunity to present information to Council in order to generate future discussion and decision-making. BACKGROUND: The capital needs of a municipality can be divided into two distinct categories – 1) those related to the maintenance and replacement of existing capital assets, and 2) those related to the development of new capital assets. In McHenry, all capital asset maintenance, replacement and 150 expansion costs are funded through the General Fund except for those related to the city’s water and sewer utilities (funded through water and sewer base fees), and those related to the McHenry Recreation Center (funded through user fees). Council has previously discussed and provided direction on the amendment of Water and Sewer Base Fees to ensure appropriate funding for water and sewer capital asset maintenance and replacement. The presentation and discussion for January 3rd will now shift to the General Fund and focus on a direction for ensuring that General Fund capital asset maintenance and replacement needs can be met. Of note, having a strategic capital asset maintenance and replacement plan in place is important to ensure that capital assets are appropriately maintained and replaced prior to “end of life” or as a reaction to system failure. Prior to FY13/14 the City of McHenry did not have a comprehensive multi-year capital improvement/equipment planning document. Capital asset maintenance and replacement and capital improvements (defined as those projects with a cost of more than $10,000) were identified and funded annually as part of the municipal budget process. Beginning in FY13/14, the City Administration introduced a 5-year Capital Improvement Program (CIP). This document, reviewed and updated on an annual basis, has been the basis for the city’s capital improvement and equipment planning through the current fiscal year. While the 5-year Capital Improvement Program has served the city well, current trends in municipal capital asset maintenance and replacement planning have moved towards a longer term, and much more comprehensive, planning tool – commonly referred to as a Community Investment Plan – with a focus on capital asset maintenance and replacement projects and, importantly, the identification of funding sources for these projects. In summary, the City of McHenry Community Investment Plan will identify costs related to the maintenance and replacement of existing capital assets with a further goal of being able to achieve these needs with an identified funding mechanism. Again, to be clear, the Community Investment Plan is subtly different from a traditional Capital Improvement Plan in that the focus is solely on the maintenance and replacement of existing assets and NOT on the development of new assets. The implementation of new capital assets (e.g., the construction of a new public facility) would require the identification of alternate funding mechanisms, such as General Obligation Bonds, grants, etc. Almost two years ago, the City Administration started the process of gathering information about Community Investment Planning and have put together the framework for this plan for FY22/23 and beyond. The most significant result of this effort will be a clear blueprint that ensures that the city’s existing capital assets are appropriately maintained and replaced and, importantly, how these will be funded. Public Works Director Troy Strange, under direction of Administrator Morefield and with input from all Department Directors, has led the effort to conduct internal and external research in putting the framework of this plan together. Director Strange will lead the discussion on January 3rd. 151 ANALYSIS: Traditionally, McHenry’s General Fund capital improvement and equipment needs have been funded through excess General Fund Revenues over Expenditures after the achievement of a balanced General Fund operating budget, and ensuring sufficient funds for the maintenance of the required minimum 120-day fund balance. In fact, this information will be highlighted to the City Council as part of the FY20/21 Audit Presentation (Agenda Item 7A) on January 3rd. While this has resulted in the ability to address some of the city’s General Fund capital asset maintenance and repair needs (identified in Appendix A), funding levels can be unreliable from year to year resulting in the inability to budget for, plan and implement a regularly scheduled capital asset maintenance and replacement program. In analyzing identified General Fund capital asset maintenance and replacement needs through 2041 (Appendix B), Staff has identified that between $1.4 million and $2.3 million annually will be required to meet these needs, based on the specific projects implemented. Based on the discussion in the previous paragraph, it is estimated that a combination of increased normal General Fund Operating Expenditures and stabilizing General Fund Revenues (discussed below) will reduce the amount of surplus that is available for General Fund capital asset maintenance and replacement projects by FY25/26 (Appendix C). In short, while the city is consistently financially frugal in estimating revenues and planning operating expenditures, the fact is that operating expenditures have increased an average of 3.68% from 2012 – present, while revenues have averaged just 2.70% during this same period. In order to ensure that identified General Fund capital asset maintenance and replacement needs can be met in the foreseeable future, one of two actions must occur: 1. The City must use the existing General Fund Balance, which will result in a gradual decline in this fund (shown in yellow on Appendix C) which then results in our inability to maintain the 120-day fund balance in the Fund Balance and Reserve Policy; 2. The City must identify opportunities for new or increased General Fund Revenues. The City Administration believes that a discussion by Council regarding opportunities for increased revenues, while maintaining the 120-day fund balance per policy, is the correct action for consideration in the near future. As a side note, while it may be tempting to believe that limiting or reducing operating costs alone would solve this dilemma, this point oversimplifies the nature of the City’s financial situation in that, even if existing revenues kept pace with operating expenditures, there is still an identified need for between $1.4 million and $2.3 million required annually to keep pace with the city’s General Fund capital asset maintenance and replacement needs. The table below is provided as a reminder of the sources of revenue that comprise the General Fund, along with the budgeted dollar amounts and corresponding percentages for Fiscal Year 2021/2022. Again, all General Fund Revenues are accounted for in one of the line items below. As Council can see, $18,919,122 (78.25%) of General Fund Revenues are comprised of three 152 primary sources – Property Tax, Sales Tax, Income Taxes. Further analysis of each these revenue sources will follow. In general, the city is relatively limited in the opportunities to generate additional General Fund revenues. General Fund Revenues FY2021/22 Property Taxes 4,950,359 20.47% State Sales Tax 8,212,951 33.97% Local Sales Tax 2,762,399 11.43% State Income Tax 2,993,413 12.38% State Replacement Tax 65,000 0.27% State Telecommunications Tax 270,000 1.12% Pull Tabs 900 0.00% Intertrack Wagering 15,000 0.06% Video Gaming 550,000 2.27% Franchise Fees 350,000 1.45% Licenses and Permits 257,500 1.07% Fines and Forfeitures 312,000 1.29% Charges for Services 1,103,539 4.56% Reimbursement 2,094,251 8.66% Interest Income 20,000 0.08% Miscellaneous 221,000 0.91% Total General Fund Revenue 24,178,312 100.00% The information below is provided as a reminder of how existing General Fund Revenue sources are derived. Property Tax (Appendix D) Property Taxes paid to the City of McHenry represent $4.9 million (20.47%) of General Fund revenues. The city has maintained a flat or reduced tax levy since 2010. In 2016 the City Council chose to reduce the property tax levy by 10%, or $300,000. This has resulted in a net loss of revenue to the city between 2010 and 2020 of $6,439,383. Based on City Council action at the October 18th meeting, this General Fund Revenue sources will be increased by approximately $110,000 for FY21/22. Sales Taxes (State and Local/Home Rule) The current total Sales Tax rate in McHenry is 7.75%. 6.25% of this is the State Sales Tax rate and 1.0% of this is the local municipal portion and is reflected above as $8,212,951 for FY21/22. The next 0.75% (6.25% - 7.0%) is allocated to the Regional Transportation Authority. The final 0.75% (7.0% - 7.75%) is the Local/Home Rule Sales Tax rate which is budgeted at $2,762,399 for FY21/22. The Local/Home Rule Tax portion is comprised of a 0.5% Home Rule Sales Tax that was 153 implemented in 2012 (generating approximately $1,850,000) per year) and an additional 0.25% increase in 2019 (generating approximately $925,000 per year). Each additional 0.25% would also generate an additional $925,000 per year. It is recommended that any future increase to the Local/Home Rule Sales Tax include a provision that ensures that some portion be committed to General Fund capital asset maintenance and replacement by Municipal Ordinance. State Income Taxes State Income Tax revenues are a population-based allocation and, as such, the city has no ability adjust these. Reimbursement for Services, Charges for Services, Video Gaming These three revenues, combined, comprise $3,747,790 (15.5%) of FY21/22 General Fund revenues. Reimbursement for Services is primarily for reimbursements from other jurisdictions for the NERCOM Dispatch Center. Charges for Services has remained historically stable. Video Gaming represents receipts from video gaming licensing and the city’s portion of video gaming activity. This amount is a direct correlation to the number of machines active in the community. In past budget discussion, Council has encouraged Staff to identify, review and present ideas for new sources of General Fund Revenues. The information provided below identifies one potential opportunity. Utility Tax (natural gas and electricity) A Utility Tax is a tax is imposed upon the use of natural gas and electricity within the City as allowed by State Statute. Taxes are charged to consumers by the utility providing the services and later remitted to the City. Electric taxes are collected by ComEd per State statute which requires that this tax be charged on consumption. Consumption is taxed in ranges of kilowatts per hour where tax declines as usage increases. Natural gas tax is collected by Nicor for both in and out of state purchases and is charged at the rate per therm. The revenues received would vary based on what the City would choose to set the fees at. Nicor provided a total therms report for McHenry that identifies 15,208,018.35 therms for the twelve month period ending 12/31/20. As an example, if McHenry chose to charge $0.05 per therm, it would generate $760,400. ComEd has maximum rates (cents per kWh). If the City chose to charge the maximum ComEd allowance it would generate approximately $1,278,293 per year. A NOTE ABOUT NEW CAPITAL ASSET DEVELOPMENT As identified earlier, the Community Investment Plan primarily focuses on the maintenance and replacement of existing capital assets. Any newly introduced capital asset (e.g., construction or major physical expansion of a new facility, widening of roadways) would require alternate funding sources, such as General Obligation Bonds. These funding sources should be identified as new capital assets are being considered. 154 CONCLUSION/RECOMMENDATION: The primary purpose of this agenda item, presentation and subsequent discussion was to introduce the Community Investment Plan and convey the General Fund capital asset maintenance and replacement needs to the City Council. A secondary, but important, purpose was to highlight the status of the General Fund at is relates to the City’s continued ability to fund projected General Fund capital asset maintenance and replacement costs. While no action is being requested at this time, the City Administration does recommend that Council discuss expanded or new General Fund funding opportunities during the FY22/23 budget development process or at a future City Council Meeting. 155 GGeneral Fund Capital Improvements Funding UpdateJanuary 3, 2022156 CCommunity IInvestment PPlanningThis effort is an exercise in matching the City’s capitalmaintenance and replacement needs to its capital resources.Capital maintenance and replacement is subtly different from capital improvement in that maintenance and replacement is focused solely on care and replacement of existing assets.The first and foremost goal of the Capital Improvements Fund is to care for assets that the City currently possesses.157 WWhat is the CCapital IImprovements FFund?The Capital Improvements Fund is a general funded account that receives revenue excesses after general fund operating costs and minimum fund balances set by ordinance are met.Per City Ordinance, the General Fund must maintain a minimum fund balance of 120 days of General Fund Operating Costs to cover any temporary and/or catastrophic shortfalls in revenue. After operating costs are covered and fund balances are held, the remaining funding is available for capital projects.158 CCapital Improvements Fund HistoryAnnual Capital Improvement:$1,429,256Annual Capital Equipment: $434,049Streets Resurfacing Portion: $584,500Infrastructure Expansion Projects:$253,800Facilities Expansion Projects: $316,667Average Annual Maintenance & Replacement:$708,338Analysis performed on expenditure history dating back to 2013.* Annual averages and expenditure histories are included in Appendix A159 220 Year Capital ProjectionTotal projection varies between $1.4 Million and $2.3 Million depending on whether certain infrastructure items are funded.•This is capital maintenance and replacement only (no new assets).•This necessary total is in excess of the historical capital maintenance andreplacement average of $708,338.Vehicles & Equipment$634,000/YearFacilities$191,000/YearParks Land Improvements$290,000/YearInfrastructure Costs$1.2 Million – high end$300,000 – low endTotals Include:* Overall 20 year general fund capital projection is included in Appendix B160 VVehicles and Equipment•77 Total City Vehicles & 57 Pieces of Heavy/Medium Duty Equipment•Future replacement schedule is included in Appendix A (Vehicles and Equipment Section) •Replacement schedules were developed based upon the following assumed service lives:•5 years for squad car•12 years for light vehicles•15 years for plow trucks•20 years for heavy equipment•This total includes approximately $120,000/year in light equipment for police department which requires routine replacementVehicles & Equipment$634,000/Year••••161 FFacilities•Many City facilities have their own non-general fund revenue source and are therefore accounted for separately (i.e. Recreation Center)•These facilities’ costs are those which are strictly general funded•City Hall Costs (non-police) are $95,000/year which is $2.38/sf/year. •Exelon Energy number is $2.15 (Reducing Commercial Real Estate Operating Costs | Constellation)Facilities$161,000/Yearucing Commercial Real Estate Operating Costs | Constellation)162 PParks Land ImprovementsParks Land Improvements$290,000/YearInventory includes all City parkland and amenities including:•Parking Lots•Playground Equipment•Courts•Gazebos•Buildings•Fences* Separate Parks/Land Improvements Projection is included with Appendix B163 IInfrastructureInfrastructure Costs$1.2 Million – high end$300,000 – low endTotals Include:• Resurfacing Multi-Use Paths• Crack Seal (annual program)• Major Culvert Rehab and Replacement• Bridge Rehab and Replacement• Street Lighting Replacement• Signal Equipment ReplacementOptional Programs:• Worst 1% Curb Replacement $300,000/Year• Worst 1% Sidewalk Replacement $300,000/Year• 20-year corrugated steel culvert replacement $200,000/Year* Infrastructure Projection including optional programs is included with Appendix B164 GGeneral Fund OOperating Costs vs. General Fund Revenue HistoryBecause available balances in the Capital Improvements Fund are largely the excess that is left after reconciling General Fund operating cost versus revenues, it is important to evaluate this history and consider future projections.A history and future projection of General Fund Operating Revenues vs. Operating Expenses is attached as Appendix COperating Expenses are projected to exceed Operating Revenues in approximately 2025.If this does occur, either operating costs will need to be reduced or new revenue sources will need to be considered.165 166 GGeneral Fund PPrimary Revenue SSources•Property Taxes•Sales Taxes•Income Taxes•Telecom Taxes•Charges for Services•Gaming167 PProperty Tax•Revenues are approximately $4.6 million per year•Levy has been held flat for over 10 years and was reduced by 3% in 2016•To date cumulative revenue losses as a result of not increasing levy withPTELL (Property Tax Extension Law Limit) are $6.4 million•These losses are projected to exceed $20 million over the next 10 years.* Property tax history, comparison with allowable PTELL increases, and lost revenues are included in Appendix D168 SSales Tax•Standard Sales Tax Rules•State of Illinois collects a standard 6.25% sales tax of which 1.0% is local municipal sales tax•A 1.0% local municipal sales tax is also collected separately on food and drug purchases•Current standard sales tax collections are approximately $8 million per year•Home Rule Sales Tax History•2012 Home Rule Sales Tax Increase (0.5%) Generates Approximately $1,850,000/year•2019 Home Rule Sales Tax Increase (0.25%) Generates Approximately $925,000/year•Another 0.25% Sales tax increase can be considered which would generate an additional $925,000/year•Without these 2012 and 2019 sales tax increases the City operating costs would already exceed revenues169 IIncome Tax•City revenues are approximately $3 million per year•Distributions are population based•2010 Census Population – 26,992•2020 Census Population – 27,135•The City has little ability to influence these revenuesand they are not anticipated to significantly increase170 TTelecom Tax•City revenues are approximately $270,000 per year•Rate was approximately doubled in 2019•This rate can be further increased but overall collections continue to trend downward171 CCharges for Services•City revenues are approximately $1.3 million per year•This total has historically remained fairly stable172 GGaming•Illinois Video Gaming Act passed in 2009•City revenues have increased every year•Last years budgeted revenue was $550,000•Revenues are influenced by number of gamingmachines and connected liquor licenses173 RRevenue Options for ConsiderationSales Tax – Implement additional 0.25% Home Rule Sales TaxProperty Tax – Increase levy in accordance with PTTELUtility Tax174 RRecommendations•Any new general fund revenue increase that is considered is directly inserted into theCapital Improvements Fund by ordinance.•The challenge in the past is that recent revenue increases have largely gone towardescalating operating costs.•By assigning these revenue increases directly to the capital fund, necessary capitalmaintenance and replacement will be funded and general fund operating costs will beforced to be reconciled with general fund operating revenues.•New Assets are paid for with revenue sources that are currently not part of the budget(new revenue sources or capital allotments that are not the Capital Improvements Fund)175 AppendixA:HistoricalCapitalExpenditures2013Ͳ212213/14 14/15 15/16 16/17 17/18 18/19 19/20 20/21 21/22 AveragesCapitalImprovement(Budgeted)1,336,000.00$891,600.00$1,062,500.00$3,615,000.00$1,322,209.00$773,000.00$1,268,000.00$1,081,500.00$1,513,500.00$1,429,256.56$CapitalEquipment(Budgeted)503,521.00$277,825.00$243,225.00$479,300.00$238,370.00$528,000.00$Ͳ$1,551,200.00$85,000.00$434,049.00$TotalCapitalSpend1,839,521.00$1,169,425.00$1,305,725.00$4,094,300.00$1,560,579.00$1,301,000.00$1,268,000.00$2,632,700.00$1,598,500.00$1,863,305.56$StreetsResurfacingͲ$400,000.00$450,000.00$2,000,000.00$900,000.00$685,500.00$300,000.00$Ͳ$525,000.00$584,500.00$InfrastructureExpansionProjects330,000.00$330,000.00$400,000.00$320,000.00$Ͳ$37,500.00$660,000.00$50,000.00$156,700.00$253,800.00$FacilitiesExpansionProjects1,200,000.00$Ͳ$Ͳ$900,000.00$Ͳ$Ͳ$Ͳ$500,000.00$250,000.00$316,666.67$CapitalMaintenance&Replacement(NonͲStreet)309,521.00$439,425.00$455,725.00$874,300.00$660,579.00$578,000.00$308,000.00$2,082,700.00$666,800.00$708,338.89$PWFacilities1415IndustrialPoliceDispatchCenterPoliceLockerRoomExpPoliceLockerRoomExp$1,200,000$900,000$500,000 $250,000176 GeneralFundCapitalProjection(2022Ͳ2041)DepartmentAssetSubAsset/DescriptionAssetClassTreatmentInterval YearCostAnnualized 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041Admin CityHallInteriorLightingFacilityReplacement50202260,000.00$1,200.00$60,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Admin CityHallExteriorLightingFacilityReplacement50202250,000.00$1,000.00$50,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Admin CityHallSecurityLightingFacilityReplacement50202225,000.00$500.00$25,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Admin CityHallParkingLotFacilityMajorRehabilitation252022500,000.00$20,000.00$500,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Admin CityHallRoofFacilityReplacement252025650,000.00$26,000.00$ ͲͲͲ650,000.00$ͲͲ$Ͳ$Ͳ$Admin CityHallVAV'sFacilityRehabilitation20202548,000.00$2,400.00$ ͲͲͲ48,000.00$ ͲͲ$Ͳ$Ͳ$Admin CityHallGeneratorFacilityReplacement302027100,000.00$3,333.33$ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$Admin CityHallBoilersFacilityReplacement35203080,000.00$2,285.71$ͲͲͲͲͲ80,000.00$Ͳ$Ͳ$Admin CityHallWindowsFacilityReplacement5020401,000,000.00$20,000.00$ͲͲͲͲͲͲ$Ͳ$1,000,000.00$Admin CityHallExteriorDoorsFacilityReplacement50204050,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$50,000.00$Admin CityHallRTU'sFacilityReplacement252045340,000.00$13,600.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Admin CityHallVAV'sFacilityReplacement502045240,000.00$4,800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$ComDev TruckͲInspections 223Vehicle/EquipmentReplacement12202230,000.00$2,500.00$30,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$ComDev SedanͲInspections 225Vehicle/EquipmentReplacement12202425,000.00$2,083.33$ ͲͲ25,000.00$ ͲͲͲ$Ͳ$Ͳ$ComDev SUVͲInspections 220Vehicle/EquipmentReplacement12203230,000.00$2,500.00$ͲͲͲͲͲͲ$30,000.00$Ͳ$ComDev SUVͲInspections 222Vehicle/EquipmentReplacement12203230,000.00$2,500.00$ͲͲͲͲͲͲ$30,000.00$Ͳ$ComDev SUVͲInspections 226Vehicle/EquipmentReplacement12203230,000.00$2,500.00$ͲͲͲͲͲͲ$30,000.00$Ͳ$Parks&Rec JayceesPark GazeboPark/LandRoofReplacement2520225,000.00$200.00$5,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec KnoxParkParkingLotsPark/LandMajorRehabilitation252022325,000.00$13,000.00$325,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec KnoxParkMaintenanceSheds(4each) Park/LandReplacement25202220,000.00$800.00$20,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec LakelandPark CommunityCenterͲMechanical/ElecPark/LandMajorRehabilitation50202215,000.00$300.00$15,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec McBarkDogPark FencingPark/LandReplacement50202250,000.00$1,000.00$50,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec MillerRiverfrontGazeboPark/LandRoofReplacement2520225,000.00$200.00$5,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark ParkingAreaPark/LandMajorRehabilitation252022225,000.00$9,000.00$225,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkLightingSystemPark/LandReplacement502022100,000.00$2,000.00$100,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkPicnicGazeboPark/LandRoofReplacement2520225,000.00$200.00$5,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkMainGazeboPark/LandRoofReplacement25202210,000.00$400.00$10,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec KnoxParkSkateParkPark/LandMajorRehabilitation25202425,000.00$1,000.00$ ͲͲ25,000.00$ ͲͲͲ$Ͳ$Ͳ$Parks&Rec ParksGarage RoofFacilityReplacement502024250,000.00$5,000.00$ ͲͲ250,000.00$ͲͲͲ$Ͳ$Ͳ$Parks&Rec ParksGarage WindowsFacilityReplacement502024150,000.00$3,000.00$ ͲͲ150,000.00$ͲͲͲ$Ͳ$Ͳ$Parks&Rec ParksGarage HeatingUnitFacilityReplacement252024100,000.00$4,000.00$ ͲͲ100,000.00$ͲͲͲ$Ͳ$Ͳ$Parks&Rec HorseFarmDrivewayPark/LandNewInstallation252025100,000.00$4,000.00$ ͲͲͲ100,000.00$ͲͲ$Ͳ$Ͳ$Parks&Rec EastBeachPark PlaygroundEquipmentPark/LandReplacement25202735,000.00$1,400.00$ͲͲͲͲͲ35,000.00$Ͳ$Ͳ$Parks&Rec EastBeachPark ParkingLotPark/LandMajorRehabilitation25202740,000.00$1,600.00$ͲͲͲͲͲ40,000.00$Ͳ$Ͳ$Parks&Rec FoxRidgeGazeboPark/LandRoofReplacement2520275,000.00$200.00$ͲͲͲͲͲ5,000.00$Ͳ$Ͳ$Parks&Rec FreundField ParkingLotPark/LandMajorRehabilitation25202775,000.00$3,000.00$ͲͲͲͲͲ75,000.00$Ͳ$Ͳ$Parks&Rec JayceesPark PlaygroundEquipmentPark/LandReplacement25202790,000.00$3,600.00$ͲͲͲͲͲ90,000.00$Ͳ$Ͳ$Parks&Rec JayceesPark Sidewalks&PathsPark/LandMajorRehabilitation25202730,000.00$1,200.00$ͲͲͲͲͲ30,000.00$Ͳ$Ͳ$Parks&Rec KiwanisTotLot PlaygroundEquipmentPark/LandReplacement25202775,000.00$3,000.00$ͲͲͲͲͲ75,000.00$Ͳ$Ͳ$Parks&Rec KiwanisTotLot BasketballCourtPark/LandReconstruction25202715,000.00$600.00$ͲͲͲͲͲ15,000.00$Ͳ$Ͳ$Parks&Rec KnoxParkPoolLightingSystemPark/LandReplacement50202750,000.00$1,000.00$ͲͲͲͲͲ50,000.00$Ͳ$Ͳ$Parks&Rec KnoxParkTennisCourtLightsPark/LandReplacement50202725,000.00$500.00$ͲͲͲͲͲ25,000.00$Ͳ$Ͳ$Parks&Rec KnoxParkBaseballFieldLightsPark/LandReplacement502027100,000.00$2,000.00$ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$Parks&Rec KnoxParkPoolͲMechanical/Electrical Park/LandMajorRehabilitation502027100,000.00$2,000.00$ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$Parks&Rec MillerRiverfrontParkingAreaPark/LandHMAPaving252027100,000.00$4,000.00$ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$Parks&Rec PetersenPark BaseballBackstops(2Each) Park/LandReplacement50202710,000.00$200.00$ͲͲͲͲͲ10,000.00$Ͳ$Ͳ$Parks&Rec PetersenPark PicnicGazebos(2each)Park/LandRoofReplacement25202710,000.00$400.00$ͲͲͲͲͲ10,000.00$Ͳ$Ͳ$Parks&Rec HorseFarmBarnPark/LandRoofReplacement25202725,000.00$1,000.00$ͲͲͲͲͲ25,000.00$Ͳ$Ͳ$Parks&Rec PetersenFarm WindowsPark/LandReplacement25202740,000.00$1,600.00$ͲͲͲͲͲ40,000.00$Ͳ$Ͳ$Parks&Rec WeberParkSeawallPark/LandReplacement502027100,000.00$2,000.00$ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$Parks&Rec WestBeachPark ParkingAreaPark/LandMajorRehabilitation25202775,000.00$3,000.00$ͲͲͲͲͲ75,000.00$Ͳ$Ͳ$Parks&Rec AlthoffParkPlaygroundEquipmentPark/LandReplacement25203275,000.00$3,000.00$ͲͲͲͲͲͲ$75,000.00$Ͳ$Parks&Rec AlthoffParkParkingLotPark/LandMajorRehabilitation252032280,000.00$11,200.00$ͲͲͲͲͲͲ$280,000.00$Ͳ$Parks&Rec AlthoffParkGazeboPark/LandRoofReplacement25203250,000.00$2,000.00$ͲͲͲͲͲͲ$50,000.00$Ͳ$Parks&Rec CenterStreetPark GazeboPark/LandRoofReplacement2520325,000.00$200.00$ͲͲͲͲͲͲ$5,000.00$Ͳ$Parks&Rec CreeksidePark ParkingLotPark/LandMajorRehabilitation25203230,000.00$1,200.00$ͲͲͲͲͲͲ$30,000.00$Ͳ$Parks&Rec CreeksidePark FencingPark/LandReplacement5020325,000.00$100.00$ͲͲͲͲͲͲ$5,000.00$Ͳ$Parks&Rec EastBeachPark BasketballCourtPark/LandReplaceHoops&Resurface25203225,000.00$1,000.00$ͲͲͲͲͲͲ$25,000.00$Ͳ$Parks&Rec FoxRidgeParkingLotPark/LandHMAPaving252032150,000.00$6,000.00$ͲͲͲͲͲͲ$150,000.00$Ͳ$Parks&Rec FreundField BasketballCourtsPark/LandReconstruction252032250,000.00$10,000.00$ͲͲͲͲͲͲ$250,000.00$Ͳ$Parks&Rec KnoxParkPlaygroundEquipmentPark/LandReplacement25203290,000.00$3,600.00$ͲͲͲͲͲͲ$90,000.00$Ͳ$Parks&Rec KnoxParkPoolFencingPark/LandReplacement50203220,000.00$400.00$ͲͲͲͲͲͲ$20,000.00$Ͳ$Parks&Rec KnoxParkBaseballFieldFencingPark/LandReplacement50203275,000.00$1,500.00$ͲͲͲͲͲͲ$75,000.00$Ͳ$Parks&Rec KnoxParkPoolLinerPark/LandReplacement10203275,000.00$7,500.00$ͲͲͲͲͲͲ$75,000.00$Ͳ$Parks&Rec KnoxParkScoreboardsPark/LandReplacement25203220,000.00$800.00$ͲͲͲͲͲͲ$20,000.00$Ͳ$Parks&Rec LakelandPark CommunityCenterPark/LandRoofReplacement2520325,000.00$200.00$ͲͲͲͲͲͲ$5,000.00$Ͳ$Parks&Rec NorthOakPlaygroundEquipmentPark/LandReplacement25203275,000.00$3,000.00$ͲͲͲͲͲͲ$75,000.00$Ͳ$Parks&Rec OvertonPark GazeboPark/LandRoofReplacement2520325,000.00$200.00$ͲͲͲͲͲͲ$5,000.00$Ͳ$ƉƉĞŶĚŝdž͗177 GeneralFundCapitalProjection(2022Ͳ2041)DepartmentAssetSubAsset/DescriptionAssetClassTreatmentInterval YearCostAnnualized 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041Parks&Rec PetersenPark ParkingAreaPark/LandMajorRehabilitation25203290,000.00$3,600.00$ͲͲͲͲͲͲ$90,000.00$Ͳ$Parks&Rec PetersenPark BeachPathPark/LandMajorRehabilitation25203250,000.00$2,000.00$ͲͲͲͲͲͲ$50,000.00$Ͳ$Parks&Rec PetersenPark BeachBathroomsPark/LandRoofReplacement2520325,000.00$200.00$ͲͲͲͲͲͲ$5,000.00$Ͳ$Parks&Rec PetersenPark Concessions/Maintenance/BathroomPark/LandRoofReplacement25203210,000.00$400.00$ͲͲͲͲͲͲ$10,000.00$Ͳ$Parks&Rec HorseFarmFencingPark/LandReplacement25203245,000.00$1,800.00$ͲͲͲͲͲͲ$45,000.00$Ͳ$Parks&Rec HorseFarmElectricalSystemPark/LandMajorRehabilitation50203250,000.00$1,000.00$ͲͲͲͲͲͲ$50,000.00$Ͳ$Parks&Rec HorseFarmHeatingandAirUnitsPark/LandReplacement25203225,000.00$1,000.00$ͲͲͲͲͲͲ$25,000.00$Ͳ$Parks&Rec ShamrockPark GazeboPark/LandRoofReplacement2520325,000.00$200.00$ͲͲͲͲͲͲ$5,000.00$Ͳ$Parks&Rec ShamrockPark BasketballCourtsPark/LandMajorRehabilitation25203215,000.00$600.00$ͲͲͲͲͲͲ$15,000.00$Ͳ$Parks&Rec WhisperingOaksPark TrelacePark/LandRemovalNA203215,000.00$15,000.00$ͲͲͲͲͲͲ$15,000.00$Ͳ$Parks&Rec AlthoffParkConcessions&Bathroom Park/LandReplacement50203750,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$50,000.00$Parks&Rec CenterStreetPark PlaygroundEquipmentPark/LandReplacement252037100,000.00$4,000.00$ͲͲͲͲͲͲ$Ͳ$100,000.00$Parks&Rec ElmStreetPark LandscapingPark/LandReconstruction25203710,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$10,000.00$Parks&Rec HomesteadTotLotPlaygroundEquipmentPark/LandReplacement25203780,000.00$3,200.00$ͲͲͲͲͲͲ$Ͳ$80,000.00$Parks&Rec KnoxParkKnoxParkBarnPark/LandRoofReplacement25203725,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$25,000.00$Parks&Rec KnoxParkKnoxParkBarnPark/LandSidingReplacement502037100,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$100,000.00$Parks&Rec KnoxParkTennisCourtsPark/LandReconstruction502037150,000.00$3,000.00$ͲͲͲͲͲͲ$Ͳ$150,000.00$Parks&Rec LibertyTrailsPark PlaygroundEquipmentPark/LandReplacement252037120,000.00$4,800.00$ͲͲͲͲͲͲ$Ͳ$120,000.00$Parks&Rec MalibuPlayground PlaygroundEquipmentPark/LandReplacement25203775,000.00$3,000.00$ͲͲͲͲͲͲ$Ͳ$75,000.00$Parks&Rec McHenryShores BasketballCourtPark/LandReconstruction25203735,000.00$1,400.00$ͲͲͲͲͲͲ$Ͳ$35,000.00$Parks&Rec PetersenPark ParkingAreaPark/LandMajorRehabilitation252037125,000.00$5,000.00$ͲͲͲͲͲͲ$Ͳ$125,000.00$Parks&Rec PetersenPark BeachBuildingPark/LandRoofReplacement2520375,000.00$200.00$ͲͲͲͲͲͲ$Ͳ$5,000.00$Parks&Rec PetersenPark Field3/4OutfieldFencingPark/LandReplacement50203720,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$20,000.00$Parks&Rec ShamrockPark PlaygroundEquipmentPark/LandReplacement252037125,000.00$5,000.00$ͲͲͲͲͲͲ$Ͳ$125,000.00$Parks&Rec WhisperingOaksPark BathroomsPark/LandRoofReplacement2520375,000.00$200.00$ͲͲͲͲͲͲ$Ͳ$5,000.00$Parks&Rec WhisperingOaksPark PicnicShelterPark/LandRoofReplacement2520375,000.00$200.00$ͲͲͲͲͲͲ$Ͳ$5,000.00$Parks&Rec CenterStreetPark BasketballCourtPark/LandReplaceHoops&Resurface25204225,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec CenterStreetPark Backstop(Baseball)Park/LandReplacement50204210,000.00$200.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec CenterStreetPark FencingPark/LandReplacement50204215,000.00$300.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ColdSpringsPark ParkingLotPark/LandMajorRehabilitation25204250,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec CreeksidePark PlaygroundEquipmentPark/LandReplacement25204275,000.00$3,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec CreeksidePark GazeboPark/LandRoofReplacement2520425,000.00$200.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec FreundField PlaygroundEquipmentPark/LandReplacement25204275,000.00$3,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec FreundField Sidewalks&PathsPark/LandMajorRehabilitation25204215,000.00$600.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec KnoxParkGazebo(2each)Park/LandReplacement50204250,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec KnoxParkPoolRoofPark/LandReplacement25204250,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec LakelandPark PlaygroundEquipmentPark/LandReplacement25204275,000.00$3,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PebbleCreekPark PlaygroundEquipmentPark/LandReplacement25204285,000.00$3,400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark PlaygroundEquipmentPark/LandReplacement252042120,000.00$4,800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark ScoreboardsPark/LandReplacement25204245,000.00$1,800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark Basketball&TennisCourts Park/LandReconstruction502042150,000.00$3,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark SplitRailFencingPark/LandReplacement25204230,000.00$1,200.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark ChainLinkFencingPark/LandReplacement50204250,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec WhisperingOaksPark CitySignBoardPark/LandReplacement25204220,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec KnoxParkWalkingPathPark/LandMajorRehabilitation252043100,000.00$4,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec LakelandPark ParkingLotPark/LandMajorRehabilitation25204360,000.00$2,400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec FoxRidgePlaygroundEquipmentPark/LandReplacement252047150,000.00$6,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec FoxRidgeMaintenanceShed(2each) Park/LandReplacement25204710,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec LakelandPark BaseballBackstop/OutfieldFencePark/LandReplacement50204725,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec MillerRiverfrontGazeboPark/LandReplacement50204725,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark PlaygroundEquipmentPark/LandReplacement25204760,000.00$2,400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark PlaygroundEquipmentPark/LandReplacement25204790,000.00$3,600.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark MaintenanceSheds(4each) Park/LandReplacement50204720,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark BaseballFieldsPark/LandReconstruction502047200,000.00$4,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec RiversideHollowPlaygroundEquipmentPark/LandReplacement25204775,000.00$3,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec RotaryParkGazeboPark/LandReplacement50204725,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkPlaygroundEquipmentPark/LandReplacement252047125,000.00$5,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkPicnicGazeboPark/LandReplacement50204725,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkMainGazeboPark/LandMajorRehabilitation50204750,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec AlthoffParkGazeboPark/LandReplacement50205260,000.00$1,200.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec CenterStreetPark GazeboPark/LandReplacement50205225,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec FoxRidgeLightingSystemPark/LandReplacement50205210,000.00$200.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec FoxRidgeGazeboPark/LandReplacement50205225,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec FoxRidgeBaseballFieldsPark/LandReconstruction502052300,000.00$6,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ElmStreetPark Sidewalks&PathsPark/LandReconstruction25205215,000.00$600.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec JayceesPark GazeboPark/LandReplacement50205225,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec JayceesPark Backstop(Baseball)Park/LandReplacement50205210,000.00$200.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec KnoxParkBaseballFields2(each)Park/LandReconstruction502052100,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$ƉƉĞŶĚŝdž͗178 GeneralFundCapitalProjection(2022Ͳ2041)DepartmentAssetSubAsset/DescriptionAssetClassTreatmentInterval YearCostAnnualized 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041Parks&Rec KnoxParkSkatePark/BocceBallFencingPark/LandReplacement50205250,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec McBarkDogPark Gazebos(2each)Park/LandReplacement50205220,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec OvertonPark GazeboPark/LandReplacement50205225,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark BaseballFieldLightsPark/LandReplacement502052100,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark BeachBuildingPark/LandReplacement50205260,000.00$1,200.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark StagePark/LandReplacement502052100,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark BaseballBackstops(3Each) Park/LandReplacement50205230,000.00$600.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark PicnicGazebos(2each)Park/LandReplacement50205260,000.00$1,200.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkSidewalks&PathsPark/LandReplacement1002052250,000.00$2,500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec WhisperingOaksPark PlaygroundEquipmentPark/LandReplacement302052250,000.00$8,333.33$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec CreeksidePark GazeboPark/LandReplacement50205725,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec FreundField BaseballFieldsPark/LandReconstruction50205750,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec HomesteadTotLotSidewalks&PathsPark/LandMajorRehabilitation50205715,000.00$300.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark GazeboPark/LandReplacement50205720,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ShamrockPark GazeboPark/LandReplacement50205750,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ShamrockPark BaseballFieldsPark/LandMajorRehabilitation50205740,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ShamrockPark BasketballCourtsPark/LandReconstruction50205750,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ShamrockPark BaseballBackstopsPark/LandReplacement50205720,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ElmStreetPark ClockPark/LandRehab/Replacement50206225,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark BeachLightingPark/LandReplacement50206275,000.00$1,500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec WhisperingOaksPark BathroomsPark/LandReplacement50206225,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec WhisperingOaksPark PicnicShelterPark/LandReplacement50206225,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec FoxRidgeBathroom/ConcessionStand Park/LandReplacement502072100,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec MillerRiverfrontLightingSystemPark/LandReplacement50207230,000.00$600.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark BeachBathroomsPark/LandReplacement50207290,000.00$1,800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark Concessions/Maintenance/BathroomPark/LandReplacement1002072100,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkBathroomsPark/LandReplacement50207265,000.00$1,300.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec WalshParkSeawallPark/LandReplacement50207250,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec KnoxParkMultiͲUsePathInfrastructureResurfacing25204175,000.00$3,000.00$ͲͲͲͲͲͲ$Ͳ$75,000.00$Parks&Rec MowingTractor 141Vehicle/EquipmentReplacement25202250,000.00$2,000.00$50,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec Trailer159Vehicle/EquipmentReplacement25202220,000.00$800.00$20,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec 3/4TonPickup 120Vehicle/EquipmentReplacement12202240,000.00$3,333.33$40,000.00$ͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec 3/4TonPickup 122Vehicle/EquipmentReplacement12202240,000.00$3,333.33$40,000.00$ͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec 1TonPickup 127Vehicle/EquipmentReplacement12202240,000.00$3,333.33$40,000.00$ͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec 3/4TonPickup 128Vehicle/EquipmentReplacement12202240,000.00$3,333.33$40,000.00$ͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec VanͲRecreation 130Vehicle/EquipmentReplacement12202230,000.00$2,500.00$30,000.00$ͲͲͲͲͲ$30,000.00$Ͳ$Parks&Rec SedanͲRecreation 131Vehicle/EquipmentReplacement12202230,000.00$2,500.00$30,000.00$ͲͲͲͲͲ$30,000.00$Ͳ$Parks&Rec BallfieldRake144Vehicle/EquipmentReplacement25202515,000.00$600.00$Ͳ Ͳ Ͳ15,000.00$ ͲͲ$Ͳ$Ͳ$Parks&Rec BallfieldRakeVehicle/EquipmentNewPurchase25202615,000.00$600.00$ͲͲͲͲ15,000.00$Ͳ$Ͳ$Ͳ$Parks&Rec 3000Ͳ4000SizeMower150Vehicle/EquipmentReplacement25202635,000.00$1,400.00$ͲͲͲͲ35,000.00$Ͳ$Ͳ$Ͳ$Parks&Rec MaintenanceCartVehicle/EquipmentNewPurchase25202610,000.00$400.00$ͲͲͲͲ10,000.00$Ͳ$Ͳ$Ͳ$Parks&Rec Trailer161Vehicle/EquipmentReplacement25202620,000.00$800.00$ͲͲͲͲ20,000.00$Ͳ$Ͳ$Ͳ$Parks&Rec MaintenanceCart 152Vehicle/EquipmentReplacement25202810,000.00$400.00$ͲͲͲͲͲ10,000.00$Ͳ$Ͳ$Parks&Rec 3000Ͳ4000SizeMower153Vehicle/EquipmentReplacement25202835,000.00$1,400.00$ͲͲͲͲͲ35,000.00$Ͳ$Ͳ$Parks&Rec 3/4TonPickup 125Vehicle/EquipmentReplacement12202840,000.00$3,333.33$ͲͲͲͲͲ40,000.00$Ͳ$Ͳ$Parks&Rec BallfieldRake147Vehicle/EquipmentReplacement25203015,000.00$600.00$ͲͲͲͲͲ15,000.00$Ͳ$Ͳ$Parks&Rec 3/4TonPickup 124Vehicle/EquipmentReplacement12203040,000.00$3,333.33$ͲͲͲͲͲ40,000.00$Ͳ$Ͳ$Parks&Rec 3000Ͳ4000SizeMower146Vehicle/EquipmentReplacement25203235,000.00$1,400.00$ͲͲͲͲͲͲ$35,000.00$Ͳ$Parks&Rec Trailer158Vehicle/EquipmentReplacement25203220,000.00$800.00$ͲͲͲͲͲͲ$20,000.00$Ͳ$Parks&Rec 3/4TonPickup 132Vehicle/EquipmentReplacement12203240,000.00$3,333.33$ͲͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec 3/4TonPickup 134Vehicle/EquipmentReplacement12203240,000.00$3,333.33$ͲͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec 3000Ͳ4000SizeMower155Vehicle/EquipmentReplacement25203335,000.00$1,400.00$ͲͲͲͲͲͲ$35,000.00$Ͳ$Parks&Rec 3/4TonPickup 135Vehicle/EquipmentReplacement12203340,000.00$3,333.33$ͲͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec VanͲRecreation 129Vehicle/EquipmentReplacement12203430,000.00$2,500.00$ͲͲͲͲͲͲ$30,000.00$Ͳ$Parks&Rec 3/4TonPickupVehicle/EquipmentReplacement12203440,000.00$3,333.33$ͲͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec 3000Ͳ4000SizeMower148Vehicle/EquipmentReplacement25203835,000.00$1,400.00$ͲͲͲͲͲͲ$Ͳ$35,000.00$Parks&Rec 3000Ͳ4000SizeMower149Vehicle/EquipmentReplacement25203835,000.00$1,400.00$ͲͲͲͲͲͲ$Ͳ$35,000.00$Parks&Rec BallfieldRake145Vehicle/EquipmentReplacement25203915,000.00$600.00$ͲͲͲͲͲͲ$Ͳ$15,000.00$Parks&Rec MaintenanceCart 151Vehicle/EquipmentReplacement25203910,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$10,000.00$Parks&Rec Trailer156Vehicle/EquipmentReplacement25204220,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec Trailer157Vehicle/EquipmentReplacement25204320,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec Trailer162Vehicle/EquipmentReplacement25204320,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec 3000Ͳ4000SizeMower163Vehicle/EquipmentReplacement25204335,000.00$1,400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec MaintenanceCart 164Vehicle/EquipmentReplacement25204310,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec 3000Ͳ4000SizeMower165Vehicle/EquipmentReplacement25204435,000.00$1,400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec VentracSnowMachine 166Vehicle/EquipmentReplacement25204520,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Police Radar(19each)LightEquipmentReplacement20 Annual25,000.00$1,250.00$1,250.00$1,250.00$1,250.00$1,250.00$1,250.00$6,250.00$6,250.00$6,250.00$Police MobileRadios(28each)LightEquipmentReplacement10 Annual125,000.00$12,500.00$12,500.00$12,500.00$12,500.00$12,500.00$12,500.00$62,500.00$62,500.00$62,500.00$ƉƉĞŶĚŝdž͗179 GeneralFundCapitalProjection(2022Ͳ2041)DepartmentAssetSubAsset/DescriptionAssetClassTreatmentInterval YearCostAnnualized 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041Police PortableRadios(52each)LightEquipmentReplacement5Annual60,000.00$12,000.00$12,000.00$12,000.00$12,000.00$12,000.00$12,000.00$60,000.00$60,000.00$60,000.00$PD/PW DigitalDisplay/ChangeableMessageBoard(2Each) LightEquipmentNewPurchase15202225,000.00$1,666.67$25,000.00$ͲͲͲͲͲ$Ͳ$25,000.00$Police LPRSystem(2Each)LightEquipmentNewPurchase7202260,000.00$8,571.43$60,000.00$ͲͲͲͲ60,000.00$60,000.00$Ͳ$Police BodyCamerasLightEquipmentNew&Annual20 Annual 1,500,000.00$75,000.00$75,000.00$75,000.00$75,000.00$75,000.00$75,000.00$375,000.00$375,000.00$375,000.00$Police HandgunsLightEquipmentReplacement9202755,000.00$6,111.11$ͲͲͲͲͲ55,000.00$Ͳ$55,000.00$Police ShotgunsLightEquipmentReplacement15202952,000.00$3,466.67$ͲͲͲͲͲ52,000.00$Ͳ$Ͳ$Police SUVͲPatrol310Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SUVͲPatrol319Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲPatrol 313Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲPatrol 320Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲPatrol 315Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲPatrol 316Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲPatrol 321Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police VanͲInvestigation 333Vehicle/EquipmentReplacement12202240,000.00$3,333.33$40,000.00$ͲͲͲͲͲ$30,000.00$Ͳ$Police SUVͲPatrol310Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SUVͲPatrol311Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲPatrol 322Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲPatrol 325Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police CSOͲVan332Vehicle/EquipmentReplacement8202240,000.00$5,000.00$40,000.00$ͲͲͲͲ40,000.00$Ͳ$30,000.00$Police Polaris500Classic 362Vehicle/EquipmentReplacement2020227,500.00$375.00$7,500.00$ͲͲͲͲͲ$Ͳ$Ͳ$Police Polaris500Classic 364Vehicle/EquipmentReplacement2020227,500.00$375.00$7,500.00$ͲͲͲͲͲ$Ͳ$Ͳ$Police SedanͲPatrol 312Vehicle/EquipmentReplacement5202340,000.00$8,000.00$ Ͳ40,000.00$ ͲͲͲ40,000.00$35,000.00$35,000.00$Police SUVͲInvestigation 307Vehicle/EquipmentReplacement5202340,000.00$8,000.00$ Ͳ40,000.00$ ͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲInvestigation 343Vehicle/EquipmentReplacement7202340,000.00$5,714.29$ Ͳ40,000.00$ ͲͲͲ40,000.00$Ͳ$40,000.00$Police UtilityͲPatrol 317Vehicle/EquipmentReplacement5202440,000.00$8,000.00$ ͲͲ40,000.00$ ͲͲ40,000.00$40,000.00$40,000.00$Police UtilityͲPatrol 327Vehicle/EquipmentReplacement5202440,000.00$8,000.00$ ͲͲ40,000.00$ ͲͲ40,000.00$40,000.00$40,000.00$Police SUVͲInvestigation 301Vehicle/EquipmentReplacement7202440,000.00$5,714.29$ ͲͲ40,000.00$ ͲͲ40,000.00$Ͳ$40,000.00$Police SedanͲInvestigation 302Vehicle/EquipmentReplacement7202440,000.00$5,714.29$ ͲͲ40,000.00$ ͲͲ40,000.00$Ͳ$40,000.00$Police SedanͲInvestigation 305Vehicle/EquipmentReplacement7202440,000.00$5,714.29$ ͲͲ40,000.00$ ͲͲ40,000.00$Ͳ$40,000.00$Police SUVͲAdmin 308Vehicle/EquipmentReplacement5202440,000.00$8,000.00$ ͲͲ40,000.00$ ͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲAdmin 340Vehicle/EquipmentReplacement7202440,000.00$5,714.29$ ͲͲ40,000.00$ ͲͲ40,000.00$Ͳ$40,000.00$Police UtilityͲPatrol 318Vehicle/EquipmentReplacement5202540,000.00$8,000.00$ ͲͲͲ40,000.00$ Ͳ40,000.00$Ͳ$Ͳ$Police UtilityͲPatrol 326Vehicle/EquipmentReplacement5202540,000.00$8,000.00$ ͲͲͲ40,000.00$ Ͳ40,000.00$Ͳ$Ͳ$Police SedanͲAdmin 345Vehicle/EquipmentReplacement12202540,000.00$3,333.33$ ͲͲͲ40,000.00$ ͲͲ$Ͳ$35,000.00$Police WellsCargoUtilityTraile350Vehicle/EquipmentReplacement20202510,000.00$500.00$Ͳ Ͳ Ͳ10,000.00$ ͲͲ$Ͳ$Ͳ$Police SUVͲPatrol324Vehicle/EquipmentReplacement5202640,000.00$8,000.00$ͲͲͲͲ40,000.00$40,000.00$40,000.00$Ͳ$Police UtilityͲPatrol 314Vehicle/EquipmentReplacement5202740,000.00$8,000.00$ͲͲͲͲͲ40,000.00$40,000.00$40,000.00$Police UtilityͲPatrol 323Vehicle/EquipmentReplacement5202740,000.00$8,000.00$ͲͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SUVͲAdmin 304Vehicle/EquipmentReplacement7202740,000.00$5,714.29$ͲͲͲͲͲ40,000.00$40,000.00$Ͳ$Police SUVͲAdmin 306Vehicle/EquipmentReplacement7202740,000.00$5,714.29$ͲͲͲͲͲ40,000.00$40,000.00$Ͳ$Police SUVͲAdmin 344Vehicle/EquipmentReplacement7202740,000.00$5,714.29$ͲͲͲͲͲ40,000.00$40,000.00$Ͳ$Police SedanͲSchoolResource330Vehicle/EquipmentReplacement12202740,000.00$3,333.33$ͲͲͲͲͲ40,000.00$Ͳ$35,000.00$Police SedanͲSchoolResource341Vehicle/EquipmentReplacement12202840,000.00$3,333.33$ͲͲͲͲͲ40,000.00$Ͳ$35,000.00$Police SedanͲTraining342Vehicle/EquipmentReplacement12202840,000.00$3,333.33$ͲͲͲͲͲ40,000.00$Ͳ$35,000.00$Police Polaris450Sportsmen 361Vehicle/EquipmentReplacement2020287,500.00$375.00$ͲͲͲͲͲ7,500.00$Ͳ$Ͳ$Police Polaris450Sportsmen 363Vehicle/EquipmentReplacement2020287,500.00$375.00$ͲͲͲͲͲ7,500.00$Ͳ$Ͳ$Police HaumarkUtilityTrailer351Vehicle/EquipmentReplacement20203010,000.00$500.00$ͲͲͲͲͲ10,000.00$Ͳ$Ͳ$Police SidebySide365Vehicle/EquipmentReplacement15203725,000.00$1,666.67$ͲͲͲͲͲͲ$Ͳ$25,000.00$Police CityHallPDMen'sLockerRoomFacilityMajorRehabilitation202022200,000.00$10,000.00$200,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Police CityHallProcessingRoom/SalleyportFacilityMajorRehabilitation202023400,000.00$20,000.00$ Ͳ400,000.00$ͲͲͲͲ$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive OfficeACFacilityReplacement252027100,000.00$4,000.00$ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive InteriorLightingFacilityReplacement25202750,000.00$2,000.00$ͲͲͲͲͲ50,000.00$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive ParkingLotFacilityMajorRehabilitation252027275,000.00$11,000.00$ͲͲͲͲͲ275,000.00$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive ExteriorFaçadeFacilityTuckpointing502032100,000.00$2,000.00$ͲͲͲͲͲͲ$100,000.00$Ͳ$PublicWorks 1415IndustrialDrive OverheadDoorsFacilityReplacement25203250,000.00$2,000.00$ͲͲͲͲͲͲ$50,000.00$Ͳ$PublicWorks 1415IndustrialDrive ExteriorDoorsFacilityReplacement50204230,000.00$600.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive WindowsFacilityReplacement502042500,000.00$10,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive GeneratorFacilityReplacement50204250,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive HeatingSystemFacilityReplacement502062500,000.00$10,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive RoofFacilityReplacement502062100,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks SaltStorageFacilitySaltStorageatWWTPParcel FacilityNewConstruction502025500,000.00$10,000.00$ ͲͲͲ500,000.00$ͲͲ$Ͳ$Ͳ$PublicWorks BridgeOakwoodDriveoverBooneCreekInfrastructureReplacement502023500,000.00$10,000.00$ Ͳ500,000.00$ͲͲͲͲ$Ͳ$Ͳ$PublicWorks StreetLights Route120(East)(21each) InfrastructureReplacement302023210,000.00$7,000.00$ Ͳ210,000.00$ͲͲͲͲ$Ͳ$Ͳ$PublicWorks LargeCulvert BooneCreekSpur@WatersEdge InfrastructureLining50202550,000.00$1,000.00$ ͲͲͲ50,000.00$ ͲͲ$Ͳ$Ͳ$PublicWorks MultiͲUsePath DartmoorͲFarmsteadInfrastructureResurfacing252025250,000.00$10,000.00$ ͲͲͲ250,000.00$ͲͲ$Ͳ$Ͳ$PublicWorks StreetLights HospitalCampus(25each) InfrastructureReplacement302025250,000.00$8,333.33$ ͲͲͲ250,000.00$ͲͲ$Ͳ$Ͳ$PublicWorks StreetLights OldBullValleyRoad(4each)InfrastructureReplacement30202540,000.00$1,333.33$ ͲͲͲ40,000.00$ ͲͲ$Ͳ$Ͳ$PublicWorks CLLillianSignal ControlCabinetInfrastructureReplacement25202750,000.00$2,000.00$ͲͲͲͲͲ50,000.00$Ͳ$Ͳ$ƉƉĞŶĚŝdž͗180 GeneralFundCapitalProjection(2022Ͳ2041)DepartmentAssetSubAsset/DescriptionAssetClassTreatmentInterval YearCostAnnualized 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041PublicWorks CLLillianSignal Poles&ArmsInfrastructureReplacement252027100,000.00$4,000.00$ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$PublicWorks CLWindCreekSignal ControlCabinetInfrastructureReplacement25202750,000.00$2,000.00$ͲͲͲͲͲ50,000.00$Ͳ$Ͳ$PublicWorks CLWindCreekSignal Poles&ArmsInfrastructureReplacement252027100,000.00$4,000.00$ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$PublicWorks MultiͲUsePath VeteransParkwayInfrastructureResurfacing252027125,000.00$5,000.00$ͲͲͲͲͲ125,000.00$Ͳ$Ͳ$PublicWorks StreetLights RiversideDrive(34each) InfrastructureReplacement302027340,000.00$11,333.33$ͲͲͲͲͲ340,000.00$Ͳ$Ͳ$PublicWorks StreetLights PearlStreetBridge(3each) InfrastructureReplacement30202730,000.00$1,000.00$ͲͲͲͲͲ30,000.00$Ͳ$Ͳ$PublicWorks StreetLights MainStreet(24each)InfrastructureReplacement302028240,000.00$8,000.00$ͲͲͲͲͲ240,000.00$Ͳ$Ͳ$PublicWorks StreetLights CorporateCenter(41each) InfrastructureReplacement302028410,000.00$13,666.67$ͲͲͲͲͲ410,000.00$Ͳ$Ͳ$PublicWorks StreetLights GreenStreet(24each)InfrastructureReplacement302029240,000.00$8,000.00$ͲͲͲͲͲ240,000.00$Ͳ$Ͳ$PublicWorks BridgeDartmooroverBooneCreekInfrastructureSuperstructureReplacement252030500,000.00$20,000.00$ͲͲͲͲͲ500,000.00$Ͳ$Ͳ$PublicWorks LargeCulvert BooneCreekSpur@FrontRoyal InfrastructureLining50203050,000.00$1,000.00$ͲͲͲͲͲ50,000.00$Ͳ$Ͳ$PublicWorks LargeCulvert Edgebrook/DukerCorrugatedSteel InfrastructureReplacement752030500,000.00$6,666.67$ͲͲͲͲͲ500,000.00$Ͳ$Ͳ$PublicWorks StreetLights AdamsIndustrial(22each) InfrastructureReplacement302031220,000.00$7,333.33$ͲͲͲͲͲ220,000.00$Ͳ$Ͳ$PublicWorks StreetLights Route120(West)(26each) InfrastructureReplacement302032260,000.00$8,666.67$ͲͲͲͲͲͲ$260,000.00$Ͳ$PublicWorks StreetLights HillsideLane(10each)InfrastructureReplacement302034100,000.00$3,333.33$ͲͲͲͲͲͲ$100,000.00$Ͳ$PublicWorks BridgePearlStreetoverFoxInfrastructureDeckReplacement252035500,000.00$20,000.00$ͲͲͲͲͲͲ$500,000.00$Ͳ$PublicWorks BridgeBullValleyRoadoverBooneCreekInfrastructureReplacement502035200,000.00$4,000.00$ͲͲͲͲͲͲ$200,000.00$Ͳ$PublicWorks LargeCulvert GreenStreetCreekCrossing InfrastructureReplacement752035500,000.00$6,666.67$ͲͲͲͲͲͲ$500,000.00$Ͳ$PublicWorks BridgeMillstreamoverBooneCreekInfrastructureReplacement502035500,000.00$10,000.00$ͲͲͲͲͲͲ$500,000.00$Ͳ$PublicWorks StreetLights BlakeBoulevard(7each)InfrastructureReplacement30203570,000.00$2,333.33$ͲͲͲͲͲͲ$70,000.00$Ͳ$PublicWorks BridgeGreenStreetoverBooneCreekInfrastructureReplacement5020363,000,000.00$60,000.00$ͲͲͲͲͲͲ$3,000,000.00$Ͳ$PublicWorks CLDartSignal ControlCabinetInfrastructureReplacement25204050,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$50,000.00$PublicWorks CLDartSignal Poles&ArmsInfrastructureReplacement252040100,000.00$4,000.00$ͲͲͲͲͲͲ$Ͳ$100,000.00$PublicWorks Blake/MCLakeSignal ControlCabinetInfrastructureReplacement25204050,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$50,000.00$PublicWorks Blake/MCLakeSignal Poles&ArmsInfrastructureReplacement252040100,000.00$4,000.00$ͲͲͲͲͲͲ$Ͳ$100,000.00$PublicWorks LargeCulvert JohnStreetCreekCrossing InfrastructureReplacement752040100,000.00$1,333.33$ͲͲͲͲͲͲ$Ͳ$100,000.00$PublicWorks StreetLights MercyDrive(5each)InfrastructureReplacement30204050,000.00$1,666.67$ͲͲͲͲͲͲ$Ͳ$50,000.00$PublicWorks BVCurranSignal ControlCabinetInfrastructureReplacement25204150,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$50,000.00$PublicWorks BVCurranSignal Poles&ArmsInfrastructureReplacement252041100,000.00$4,000.00$ͲͲͲͲͲͲ$Ͳ$100,000.00$PublicWorks CLRoyalSignal ControlCabinetInfrastructureReplacement25204150,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$50,000.00$PublicWorks CLRoyalSignal Poles&ArmsInfrastructureReplacement252041100,000.00$4,000.00$ͲͲͲͲͲͲ$Ͳ$100,000.00$PublicWorks MultiͲUsePath LincolnRoadInfrastructureResurfacing252043125,000.00$5,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks StreetLights Route31(11each)InfrastructureReplacement302045220,000.00$7,333.33$ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks StreetLights MunicipalDrive(22each) InfrastructureReplacement302050220,000.00$7,333.33$ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks StreetsAnnualCrackSealInfrastructureCrackSealing8Annual Annual100,000.00$100,000.00$100,000.00$100,000.00$100,000.00$100,000.00$500,000.00$500,000.00$500,000.00$PublicWorks SidewalkAnnualSidewalkReplacementInfrastructureReplacement100 Annual Annual300,000.00$300,000.00$300,000.00$300,000.00$300,000.00$300,000.00$1,500,000.00$1,500,000.00$1,500,000.00$PublicWorks ConcreteCurb AnnualCurbReplacementInfrastructureReplacement100 Annual Annual300,000.00$300,000.00$300,000.00$300,000.00$300,000.00$300,000.00$1,500,000.00$1,500,000.00$1,500,000.00$PublicWorks StormSewerCorrugatedSteel20yrrep InfrastructureReplacement100 Annual Annual200,000.00$200,000.00$200,000.00$200,000.00$200,000.00$200,000.00$1,000,000.00$1,000,000.00$1,000,000.00$PublicWorks Backhoe446Vehicle/EquipmentReplacement252022130,000.00$5,200.00$130,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks WingTruck404Vehicle/EquipmentReplacement202022230,000.00$11,500.00$230,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks PlowTruck(1TonRep) 409Vehicle/EquipmentReplacement20202290,000.00$4,500.00$90,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks 1TonSmallDump 430Vehicle/EquipmentReplacement15202290,000.00$6,000.00$90,000.00$ͲͲͲͲͲ$Ͳ$90,000.00$PublicWorks 1TonPickup 425Vehicle/EquipmentReplacement12202350,000.00$4,166.67$ Ͳ50,000.00$ ͲͲͲͲ$50,000.00$Ͳ$PublicWorks WingTruck406Vehicle/EquipmentReplacement202024230,000.00$11,500.00$ ͲͲ230,000.00$ͲͲͲ$Ͳ$Ͳ$PublicWorks StreetSweeper441Vehicle/EquipmentReplacement152025180,000.00$12,000.00$ ͲͲͲ180,000.00$ͲͲ$Ͳ$180,000.00$PublicWorks MowingTractor 449Vehicle/EquipmentReplacement25202650,000.00$2,000.00$ͲͲͲͲ50,000.00$Ͳ$Ͳ$Ͳ$PublicWorks PlowTruck408Vehicle/EquipmentReplacement202026210,000.00$10,500.00$ͲͲͲͲ210,000.00$Ͳ$Ͳ$Ͳ$PublicWorks Trailer466Vehicle/EquipmentReplacement25202720,000.00$800.00$ͲͲͲͲͲ20,000.00$Ͳ$Ͳ$PublicWorks AirCompressor473Vehicle/EquipmentReplacement25202715,000.00$600.00$ͲͲͲͲͲ15,000.00$Ͳ$Ͳ$PublicWorks Trailer475Vehicle/EquipmentReplacement25202720,000.00$800.00$ͲͲͲͲͲ20,000.00$Ͳ$Ͳ$PublicWorks Trailer476Vehicle/EquipmentReplacement25202720,000.00$800.00$ͲͲͲͲͲ20,000.00$Ͳ$Ͳ$PublicWorks Trailer477Vehicle/EquipmentReplacement25202720,000.00$800.00$ͲͲͲͲͲ20,000.00$Ͳ$Ͳ$PublicWorks Roller450Vehicle/EquipmentReplacement25202850,000.00$2,000.00$ͲͲͲͲͲ50,000.00$Ͳ$Ͳ$PublicWorks Forklift452Vehicle/EquipmentReplacement25202835,000.00$1,400.00$ͲͲͲͲͲ35,000.00$Ͳ$Ͳ$PublicWorks 3/4TonPickup 432Vehicle/EquipmentReplacement12202840,000.00$3,333.33$ͲͲͲͲͲ40,000.00$Ͳ$40,000.00$PublicWorks 3/4TonPickup 433Vehicle/EquipmentReplacement12202840,000.00$3,333.33$ͲͲͲͲͲ40,000.00$Ͳ$40,000.00$PublicWorks 3/4TonPickup 434Vehicle/EquipmentReplacement12202840,000.00$3,333.33$ͲͲͲͲͲ40,000.00$Ͳ$40,000.00$PublicWorks PlowTruck(1TonRep) 411Vehicle/EquipmentReplacement20202990,000.00$4,500.00$ͲͲͲͲͲ90,000.00$Ͳ$Ͳ$PublicWorks MorbarkChipper 445Vehicle/EquipmentReplacement25203070,000.00$2,800.00$ͲͲͲͲͲ70,000.00$Ͳ$Ͳ$PublicWorks Trailer478Vehicle/EquipmentReplacement25203020,000.00$800.00$ͲͲͲͲͲ20,000.00$Ͳ$Ͳ$PublicWorks 10ͲWheelDump 416Vehicle/EquipmentReplacement252030180,000.00$7,200.00$ͲͲͲͲͲ180,000.00$Ͳ$Ͳ$PublicWorks PlowTruck412Vehicle/EquipmentReplacement202031210,000.00$10,500.00$ͲͲͲͲͲ210,000.00$Ͳ$Ͳ$PublicWorks 3/4TonPickup 423Vehicle/EquipmentReplacement12203140,000.00$3,333.33$ͲͲͲͲͲ40,000.00$Ͳ$Ͳ$PublicWorks Backhoe443Vehicle/EquipmentReplacement252032130,000.00$5,200.00$ͲͲͲͲͲͲ$130,000.00$Ͳ$PublicWorks FrontEndLoader447Vehicle/EquipmentReplacement252032175,000.00$7,000.00$ͲͲͲͲͲͲ$175,000.00$Ͳ$PublicWorks Trailer468Vehicle/EquipmentReplacement25203220,000.00$800.00$ͲͲͲͲͲͲ$20,000.00$Ͳ$PublicWorks HotBox469Vehicle/EquipmentReplacement25203225,000.00$1,000.00$ͲͲͲͲͲͲ$25,000.00$Ͳ$PublicWorks PlowTruck413Vehicle/EquipmentReplacement202032210,000.00$10,500.00$ͲͲͲͲͲͲ$210,000.00$Ͳ$ƉƉĞŶĚŝdž͗181 GeneralFundCapitalProjection(2022Ͳ2041)DepartmentAssetSubAsset/DescriptionAssetClassTreatmentInterval YearCostAnnualized 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041PublicWorks StumpGrinder442Vehicle/EquipmentReplacement25203320,000.00$800.00$ͲͲͲͲͲͲ$20,000.00$Ͳ$PublicWorks SkidLoader444Vehicle/EquipmentReplacement25203375,000.00$3,000.00$ͲͲͲͲͲͲ$75,000.00$Ͳ$PublicWorks 1TonSmallDump 427Vehicle/EquipmentReplacement15203390,000.00$6,000.00$ͲͲͲͲͲͲ$90,000.00$Ͳ$PublicWorks MorbarkChipper 451Vehicle/EquipmentReplacement25203470,000.00$2,800.00$ͲͲͲͲͲͲ$70,000.00$Ͳ$PublicWorks PlowTruck414Vehicle/EquipmentReplacement202034210,000.00$10,500.00$ͲͲͲͲͲͲ$210,000.00$Ͳ$PublicWorks PlowTruck415Vehicle/EquipmentReplacement202035210,000.00$10,500.00$ͲͲͲͲͲͲ$210,000.00$Ͳ$PublicWorks 10ͲWheelDump 417Vehicle/EquipmentReplacement252035180,000.00$7,200.00$ͲͲͲͲͲͲ$180,000.00$Ͳ$PublicWorks FrontEndLoader448Vehicle/EquipmentReplacement252038175,000.00$7,000.00$ͲͲͲͲͲͲ$Ͳ$175,000.00$PublicWorks Trailer474Vehicle/EquipmentReplacement25203820,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$20,000.00$PublicWorks LeeboyPaver453Vehicle/EquipmentReplacement252039125,000.00$5,000.00$ͲͲͲͲͲͲ$Ͳ$125,000.00$PublicWorks Trailer467Vehicle/EquipmentReplacement25204020,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$20,000.00$PublicWorks AerialLiftTruck440Vehicle/EquipmentReplacement252041200,000.00$8,000.00$ͲͲͲͲͲͲ$Ͳ$200,000.00$PublicWorks Trailer465Vehicle/EquipmentReplacement25204120,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$20,000.00$PublicWorks VacTruck454Vehicle/EquipmentReplacement25DROPͲ$Ͳ$ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks PlowTruck402Vehicle/EquipmentReplacement20DROPͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks PlowTruck403Vehicle/EquipmentReplacement20DROPͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks PlowTruck405Vehicle/EquipmentReplacement20DROPͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks PlowTruck407Vehicle/EquipmentReplacement20DROPͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks PlowTruck410Vehicle/EquipmentReplacement20DROPͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks 3/4TonPickup 422Vehicle/EquipmentReplacement12DROPͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks 3/4TonPickup 431Vehicle/EquipmentReplacement12DROPͲͲͲͲͲͲ$Ͳ$Ͳ$AnnualCost 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ20411,417,215.87$3,175,750.00$1,380,750.00$1,160,750.00$2,313,750.00$480,750.00$7,625,750.00$10,348,750.00$5,643,750.00$ƉƉĞŶĚŝdž͗182 VehicleandEquipmentProjection(2022Ͳ2041)DepartmentAssetSubAsset/DescriptionAssetClassTreatmentInterval YearCostAnnualized 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041Police Radar(19each)LightEquipmentReplacement20 Annual25,000.00$1,250.00$1,250.00$1,250.00$1,250.00$1,250.00$1,250.00$6,250.00$6,250.00$6,250.00$Police MobileRadios(28each)LightEquipmentReplacement10 Annual125,000.00$12,500.00$12,500.00$12,500.00$12,500.00$12,500.00$12,500.00$62,500.00$62,500.00$62,500.00$Police PortableRadios(52each)LightEquipmentReplacement5Annual60,000.00$12,000.00$12,000.00$12,000.00$12,000.00$12,000.00$12,000.00$60,000.00$60,000.00$60,000.00$PD/PW DigitalDisplay/ChangeableMessageBoard(2Each) LightEquipmentNewPurchase15202225,000.00$1,666.67$25,000.00$ͲͲͲͲͲ$Ͳ$25,000.00$Police LPRSystem(2Each)LightEquipmentNewPurchase7202260,000.00$8,571.43$60,000.00$ ͲͲͲͲ60,000.00$60,000.00$Ͳ$Police BodyCamerasLightEquipmentNew&Annual20 Annual 1,500,000.00$75,000.00$75,000.00$75,000.00$75,000.00$75,000.00$75,000.00$375,000.00$375,000.00$375,000.00$PoliceHandgunsLightEquipmentReplacement9202755,000.00$6,111.11$ͲͲͲͲͲ55,000.00$Ͳ$55,000.00$Police ShotgunsLightEquipmentReplacement15202952,000.00$3,466.67$ ͲͲͲͲͲ52,000.00$Ͳ$Ͳ$ComDev TruckͲInspections 223Vehicle/EquipmentReplacement12202230,000.00$2,500.00$30,000.00$ ͲͲͲͲͲ$Ͳ$Ͳ$ComDev SedanͲInspections 225Vehicle/EquipmentReplacement12202425,000.00$2,083.33$ ͲͲ25,000.00$ ͲͲͲ$Ͳ$Ͳ$ComDev SUVͲInspections 220Vehicle/EquipmentReplacement12203230,000.00$2,500.00$ ͲͲͲͲͲͲ$30,000.00$Ͳ$ComDev SUVͲInspections 222Vehicle/EquipmentReplacement12203230,000.00$2,500.00$ ͲͲͲͲͲͲ$30,000.00$Ͳ$ComDev SUVͲInspections 226Vehicle/EquipmentReplacement12203230,000.00$2,500.00$ ͲͲͲͲͲͲ$30,000.00$Ͳ$Parks&Rec MowingTractor 141Vehicle/EquipmentReplacement25202250,000.00$2,000.00$50,000.00$ ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec Trailer159Vehicle/EquipmentReplacement25202220,000.00$800.00$20,000.00$ ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec 3/4TonPickup 120Vehicle/EquipmentReplacement12202240,000.00$3,333.33$40,000.00$ ͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec3/4TonPickup 122Vehicle/EquipmentReplacement12202240,000.00$3,333.33$40,000.00$ ͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec 1TonPickup 127Vehicle/EquipmentReplacement12202240,000.00$3,333.33$40,000.00$ͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec 3/4TonPickup 128Vehicle/EquipmentReplacement12202240,000.00$3,333.33$40,000.00$ ͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec VanͲRecreation 130Vehicle/EquipmentReplacement12202230,000.00$2,500.00$30,000.00$ ͲͲͲͲͲ$30,000.00$Ͳ$Parks&Rec SedanͲRecreation 131Vehicle/EquipmentReplacement12202230,000.00$2,500.00$30,000.00$ ͲͲͲͲͲ$30,000.00$Ͳ$Parks&Rec BallfieldRake 144Vehicle/EquipmentReplacement25202515,000.00$600.00$ͲͲͲ15,000.00$ ͲͲ$Ͳ$Ͳ$Parks&Rec BallfieldRakeVehicle/EquipmentNewPurchase25202615,000.00$600.00$ͲͲͲͲ15,000.00$Ͳ$Ͳ$Ͳ$Parks&Rec 3000Ͳ4000SizeMower 150Vehicle/EquipmentReplacement25202635,000.00$1,400.00$ ͲͲͲͲ35,000.00$Ͳ$Ͳ$Ͳ$Parks&Rec MaintenanceCartVehicle/EquipmentNewPurchase25202610,000.00$400.00$ͲͲͲͲ10,000.00$Ͳ$Ͳ$Ͳ$Parks&Rec Trailer161Vehicle/EquipmentReplacement25202620,000.00$800.00$ͲͲͲͲ20,000.00$Ͳ$Ͳ$Ͳ$Parks&Rec MaintenanceCart 152Vehicle/EquipmentReplacement25202810,000.00$400.00$ͲͲͲͲͲ10,000.00$Ͳ$Ͳ$Parks&Rec 3000Ͳ4000SizeMower153Vehicle/EquipmentReplacement25202835,000.00$1,400.00$ ͲͲͲͲͲ35,000.00$Ͳ$Ͳ$Parks&Rec 3/4TonPickup 125Vehicle/EquipmentReplacement12202840,000.00$3,333.33$ ͲͲͲͲͲ40,000.00$Ͳ$Ͳ$Parks&RecBallfieldRake 147Vehicle/EquipmentReplacement25203015,000.00$600.00$ͲͲͲͲͲ15,000.00$Ͳ$Ͳ$Parks&Rec 3/4TonPickup 124Vehicle/EquipmentReplacement12203040,000.00$3,333.33$ ͲͲͲͲͲ40,000.00$Ͳ$Ͳ$Parks&Rec 3000Ͳ4000SizeMower 146Vehicle/EquipmentReplacement25203235,000.00$1,400.00$ ͲͲͲͲͲͲ$35,000.00$Ͳ$Parks&Rec Trailer158Vehicle/EquipmentReplacement25203220,000.00$800.00$ͲͲͲͲͲͲ$20,000.00$Ͳ$Parks&Rec 3/4TonPickup 132Vehicle/EquipmentReplacement12203240,000.00$3,333.33$ ͲͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec 3/4TonPickup 134Vehicle/EquipmentReplacement12203240,000.00$3,333.33$ ͲͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec 3000Ͳ4000SizeMower 155Vehicle/EquipmentReplacement25203335,000.00$1,400.00$ ͲͲͲͲͲͲ$35,000.00$Ͳ$Parks&Rec 3/4TonPickup 135Vehicle/EquipmentReplacement12203340,000.00$3,333.33$ ͲͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec VanͲRecreation 129Vehicle/EquipmentReplacement12203430,000.00$2,500.00$ͲͲͲͲͲͲ$30,000.00$Ͳ$Parks&Rec 3/4TonPickupVehicle/EquipmentReplacement12203440,000.00$3,333.33$ ͲͲͲͲͲͲ$40,000.00$Ͳ$Parks&Rec 3000Ͳ4000SizeMower 148Vehicle/EquipmentReplacement25203835,000.00$1,400.00$ ͲͲͲͲͲͲ$Ͳ$35,000.00$Parks&Rec 3000Ͳ4000SizeMower 149Vehicle/EquipmentReplacement25203835,000.00$1,400.00$ ͲͲͲͲͲͲ$Ͳ$35,000.00$Parks&Rec BallfieldRake 145Vehicle/EquipmentReplacement25203915,000.00$600.00$ͲͲͲͲͲͲ$Ͳ$15,000.00$Parks&Rec MaintenanceCart 151Vehicle/EquipmentReplacement25203910,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$10,000.00$Parks&Rec Trailer156Vehicle/EquipmentReplacement25204220,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec Trailer157Vehicle/EquipmentReplacement25204320,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec Trailer162Vehicle/EquipmentReplacement25204320,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec 3000Ͳ4000SizeMower 163Vehicle/EquipmentReplacement25204335,000.00$1,400.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec MaintenanceCart 164Vehicle/EquipmentReplacement25204310,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec 3000Ͳ4000SizeMower 165Vehicle/EquipmentReplacement25204435,000.00$1,400.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec VentracSnowMachine 166Vehicle/EquipmentReplacement25204520,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Police SUVͲPatrol310Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SUVͲPatrol319Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲPatrol 313Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲPatrol 320Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲPatrol 315Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲPatrol 316Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲPatrol 321Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police VanͲInvestigation 333Vehicle/EquipmentReplacement12202240,000.00$3,333.33$40,000.00$ ͲͲͲͲͲ$30,000.00$Ͳ$Police SUVͲPatrol310Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SUVͲPatrol311Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲPatrol 322Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲPatrol 325Vehicle/EquipmentReplacement5202240,000.00$8,000.00$40,000.00$ ͲͲͲͲ40,000.00$40,000.00$40,000.00$Police CSOͲVan332Vehicle/EquipmentReplacement8202240,000.00$5,000.00$40,000.00$ ͲͲͲͲ40,000.00$Ͳ$30,000.00$Police Polaris500Classic 362Vehicle/EquipmentReplacement2020227,500.00$375.00$7,500.00$ ͲͲͲͲͲ$Ͳ$Ͳ$Police Polaris500Classic 364Vehicle/EquipmentReplacement2020227,500.00$375.00$7,500.00$ ͲͲͲͲͲ$Ͳ$Ͳ$PoliceSedanͲPatrol 312Vehicle/EquipmentReplacement5202340,000.00$8,000.00$ Ͳ40,000.00$ ͲͲͲ40,000.00$35,000.00$35,000.00$Police SUVͲInvestigation 307Vehicle/EquipmentReplacement5202340,000.00$8,000.00$ Ͳ40,000.00$ ͲͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲInvestigation 343Vehicle/EquipmentReplacement7202340,000.00$5,714.29$ Ͳ40,000.00$ ͲͲͲ40,000.00$Ͳ$40,000.00$ƉƉĞŶĚŝdž͗183 VehicleandEquipmentProjection(2022Ͳ2041)DepartmentAssetSubAsset/DescriptionAssetClassTreatmentInterval YearCostAnnualized 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041Police UtilityͲPatrol 317 Vehicle/Equipment Replacement 5 2024 40,000.00$8,000.00$ Ͳ Ͳ40,000.00$ Ͳ Ͳ40,000.00$40,000.00$40,000.00$Police UtilityͲPatrol 327 Vehicle/Equipment Replacement 5 2024 40,000.00$8,000.00$ Ͳ Ͳ40,000.00$ Ͳ Ͳ40,000.00$40,000.00$40,000.00$Police SUVͲInvestigation 301 Vehicle/Equipment Replacement 7 2024 40,000.00$5,714.29$ Ͳ Ͳ40,000.00$ Ͳ Ͳ40,000.00$ Ͳ$ 40,000.00$Police SedanͲInvestigation 302 Vehicle/Equipment Replacement 7 2024 40,000.00$5,714.29$ Ͳ Ͳ40,000.00$ Ͳ Ͳ40,000.00$ Ͳ$ 40,000.00$Police SedanͲInvestigation 305 Vehicle/Equipment Replacement 7 2024 40,000.00$5,714.29$ Ͳ Ͳ40,000.00$ Ͳ Ͳ40,000.00$ Ͳ$ 40,000.00$Police SUVͲAdmin 308 Vehicle/Equipment Replacement 5 2024 40,000.00$8,000.00$ͲͲ40,000.00$ ͲͲ40,000.00$40,000.00$40,000.00$Police SedanͲAdmin 340Vehicle/EquipmentReplacement7202440,000.00$5,714.29$ ͲͲ40,000.00$ ͲͲ40,000.00$Ͳ$40,000.00$Police UtilityͲPatrol 318Vehicle/EquipmentReplacement5202540,000.00$8,000.00$ ͲͲͲ40,000.00$ Ͳ40,000.00$Ͳ$Ͳ$Police UtilityͲPatrol 326Vehicle/EquipmentReplacement5202540,000.00$8,000.00$ ͲͲͲ40,000.00$ Ͳ40,000.00$Ͳ$Ͳ$Police SedanͲAdmin 345Vehicle/EquipmentReplacement12202540,000.00$3,333.33$ ͲͲͲ40,000.00$ ͲͲ$Ͳ$35,000.00$Police WellsCargoUtilityTraile350Vehicle/EquipmentReplacement20202510,000.00$500.00$ͲͲͲ10,000.00$ ͲͲ$Ͳ$Ͳ$Police SUVͲPatrol324Vehicle/EquipmentReplacement5202640,000.00$8,000.00$ ͲͲͲͲ40,000.00$40,000.00$40,000.00$Ͳ$Police UtilityͲPatrol 314Vehicle/EquipmentReplacement5202740,000.00$8,000.00$ ͲͲͲͲͲ40,000.00$40,000.00$40,000.00$Police UtilityͲPatrol 323Vehicle/EquipmentReplacement5202740,000.00$8,000.00$ͲͲͲͲͲ40,000.00$40,000.00$40,000.00$Police SUVͲAdmin 304Vehicle/EquipmentReplacement7202740,000.00$5,714.29$ ͲͲͲͲͲ40,000.00$40,000.00$Ͳ$Police SUVͲAdmin 306Vehicle/EquipmentReplacement7202740,000.00$5,714.29$ ͲͲͲͲͲ40,000.00$40,000.00$Ͳ$Police SUVͲAdmin 344Vehicle/EquipmentReplacement7202740,000.00$5,714.29$ ͲͲͲͲͲ40,000.00$40,000.00$Ͳ$Police SedanͲSchoolResource330Vehicle/EquipmentReplacement12202740,000.00$3,333.33$ ͲͲͲͲͲ40,000.00$Ͳ$35,000.00$Police SedanͲSchoolResource341Vehicle/EquipmentReplacement12202840,000.00$3,333.33$ ͲͲͲͲͲ40,000.00$Ͳ$35,000.00$Police SedanͲTraining 342Vehicle/EquipmentReplacement12202840,000.00$3,333.33$ ͲͲͲͲͲ40,000.00$Ͳ$35,000.00$Police Polaris450Sportsmen 361Vehicle/EquipmentReplacement2020287,500.00$375.00$ͲͲͲͲͲ7,500.00$Ͳ$Ͳ$Police Polaris450Sportsmen 363Vehicle/EquipmentReplacement2020287,500.00$375.00$ͲͲͲͲͲ7,500.00$Ͳ$Ͳ$Police HaumarkUtilityTrailer 351Vehicle/EquipmentReplacement20203010,000.00$500.00$ͲͲͲͲͲ10,000.00$Ͳ$Ͳ$Police SidebySide365Vehicle/EquipmentReplacement15203725,000.00$1,666.67$ ͲͲͲͲͲͲ$Ͳ$25,000.00$PublicWorks Backhoe446Vehicle/EquipmentReplacement252022130,000.00$5,200.00$130,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks WingTruck404Vehicle/EquipmentReplacement202022230,000.00$11,500.00$230,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks PlowTruck(1TonRep) 409Vehicle/EquipmentReplacement20202290,000.00$4,500.00$90,000.00$ ͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks 1TonSmallDump 430Vehicle/EquipmentReplacement15202290,000.00$6,000.00$90,000.00$ ͲͲͲͲͲ$Ͳ$90,000.00$PublicWorks 1TonPickup 425Vehicle/EquipmentReplacement12202350,000.00$4,166.67$Ͳ50,000.00$ ͲͲͲͲ$50,000.00$Ͳ$PublicWorks WingTruck406Vehicle/EquipmentReplacement202024230,000.00$11,500.00$ ͲͲ230,000.00$ͲͲͲ$Ͳ$Ͳ$PublicWorks StreetSweeper 441Vehicle/EquipmentReplacement152025180,000.00$12,000.00$ ͲͲͲ180,000.00$ͲͲ$Ͳ$180,000.00$PublicWorks MowingTractor 449Vehicle/EquipmentReplacement25202650,000.00$2,000.00$ ͲͲͲͲ50,000.00$Ͳ$Ͳ$Ͳ$PublicWorks PlowTruck408Vehicle/EquipmentReplacement202026210,000.00$10,500.00$ ͲͲͲͲ210,000.00$Ͳ$Ͳ$Ͳ$PublicWorks Trailer466Vehicle/EquipmentReplacement25202720,000.00$800.00$ͲͲͲͲͲ20,000.00$Ͳ$Ͳ$PublicWorks AirCompressor 473Vehicle/EquipmentReplacement25202715,000.00$600.00$ͲͲͲͲͲ15,000.00$Ͳ$Ͳ$PublicWorks Trailer475Vehicle/EquipmentReplacement25202720,000.00$800.00$ͲͲͲͲͲ20,000.00$Ͳ$Ͳ$PublicWorksTrailer476Vehicle/EquipmentReplacement25202720,000.00$800.00$ͲͲͲͲͲ20,000.00$Ͳ$Ͳ$PublicWorks Trailer477Vehicle/EquipmentReplacement25202720,000.00$800.00$ͲͲͲͲͲ20,000.00$Ͳ$Ͳ$PublicWorks Roller450Vehicle/EquipmentReplacement25202850,000.00$2,000.00$ ͲͲͲͲͲ50,000.00$Ͳ$Ͳ$PublicWorks Forklift452Vehicle/EquipmentReplacement25202835,000.00$1,400.00$ ͲͲͲͲͲ35,000.00$Ͳ$Ͳ$PublicWorks 3/4TonPickup 432Vehicle/EquipmentReplacement12202840,000.00$3,333.33$ ͲͲͲͲͲ40,000.00$Ͳ$40,000.00$PublicWorks 3/4TonPickup 433Vehicle/EquipmentReplacement12202840,000.00$3,333.33$ ͲͲͲͲͲ40,000.00$Ͳ$40,000.00$PublicWorks 3/4TonPickup 434Vehicle/EquipmentReplacement12202840,000.00$3,333.33$ ͲͲͲͲͲ40,000.00$Ͳ$40,000.00$PublicWorks PlowTruck(1TonRep) 411Vehicle/EquipmentReplacement20202990,000.00$4,500.00$ ͲͲͲͲͲ90,000.00$Ͳ$Ͳ$PublicWorks MorbarkChipper 445Vehicle/EquipmentReplacement25203070,000.00$2,800.00$ ͲͲͲͲͲ70,000.00$Ͳ$Ͳ$PublicWorks Trailer478Vehicle/EquipmentReplacement25203020,000.00$800.00$ͲͲͲͲͲ20,000.00$Ͳ$Ͳ$PublicWorks 10ͲWheelDump 416Vehicle/EquipmentReplacement252030180,000.00$7,200.00$ ͲͲͲͲͲ180,000.00$Ͳ$Ͳ$PublicWorks PlowTruck412Vehicle/EquipmentReplacement202031210,000.00$10,500.00$ ͲͲͲͲͲ210,000.00$Ͳ$Ͳ$PublicWorks 3/4TonPickup 423Vehicle/EquipmentReplacement12203140,000.00$3,333.33$ͲͲͲͲͲ40,000.00$Ͳ$Ͳ$PublicWorks Backhoe443Vehicle/EquipmentReplacement252032130,000.00$5,200.00$ͲͲͲͲͲͲ$130,000.00$Ͳ$PublicWorks FrontEndLoader 447Vehicle/EquipmentReplacement252032175,000.00$7,000.00$ ͲͲͲͲͲͲ$175,000.00$Ͳ$PublicWorks Trailer468Vehicle/EquipmentReplacement25203220,000.00$800.00$ͲͲͲͲͲͲ$20,000.00$Ͳ$PublicWorks HotBox469Vehicle/EquipmentReplacement25203225,000.00$1,000.00$ͲͲͲͲͲͲ$25,000.00$Ͳ$PublicWorks PlowTruck413Vehicle/EquipmentReplacement202032210,000.00$10,500.00$ ͲͲͲͲͲͲ$210,000.00$Ͳ$PublicWorks StumpGrinder 442Vehicle/EquipmentReplacement25203320,000.00$800.00$ͲͲͲͲͲͲ$20,000.00$Ͳ$PublicWorks SkidLoader444Vehicle/EquipmentReplacement25203375,000.00$3,000.00$ ͲͲͲͲͲͲ$75,000.00$Ͳ$PublicWorks 1TonSmallDump 427Vehicle/EquipmentReplacement15203390,000.00$6,000.00$ ͲͲͲͲͲͲ$90,000.00$Ͳ$PublicWorks MorbarkChipper 451Vehicle/EquipmentReplacement25203470,000.00$2,800.00$ ͲͲͲͲͲͲ$70,000.00$Ͳ$PublicWorks PlowTruck414Vehicle/EquipmentReplacement202034210,000.00$10,500.00$ ͲͲͲͲͲͲ$210,000.00$Ͳ$PublicWorks PlowTruck415Vehicle/EquipmentReplacement202035210,000.00$10,500.00$ ͲͲͲͲͲͲ$210,000.00$Ͳ$PublicWorks 10ͲWheelDump 417Vehicle/EquipmentReplacement252035180,000.00$7,200.00$ ͲͲͲͲͲͲ$180,000.00$Ͳ$PublicWorksFrontEndLoader 448Vehicle/EquipmentReplacement252038175,000.00$7,000.00$ͲͲͲͲͲͲ$Ͳ$175,000.00$PublicWorks Trailer474Vehicle/EquipmentReplacement25203820,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$20,000.00$PublicWorks LeeboyPaver 453Vehicle/EquipmentReplacement252039125,000.00$5,000.00$ ͲͲͲͲͲͲ$Ͳ$125,000.00$PublicWorks Trailer467Vehicle/EquipmentReplacement25204020,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$20,000.00$PublicWorks AerialLiftTruck 440Vehicle/EquipmentReplacement252041200,000.00$8,000.00$ ͲͲͲͲͲͲ$Ͳ$200,000.00$PublicWorks Trailer465Vehicle/EquipmentReplacement25204120,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$20,000.00$PublicWorks VacTruck454Vehicle/EquipmentReplacement25DROPͲ$Ͳ$ͲͲͲͲͲͲ$Ͳ$Ͳ$ƉƉĞŶĚŝdž͗184 VehicleandEquipmentProjection(2022Ͳ2041)DepartmentAssetSubAsset/DescriptionAssetClassTreatmentInterval YearCostAnnualized 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041PublicWorks PlowTruck 402 Vehicle/Equipment Replacement 20 DROPͲͲͲͲͲ Ͳ$Ͳ$Ͳ$PublicWorks PlowTruck 403 Vehicle/Equipment Replacement 20 DROPͲͲͲͲͲ Ͳ$Ͳ$Ͳ$PublicWorks PlowTruck 405 Vehicle/Equipment Replacement 20 DROPͲͲͲͲͲ Ͳ$Ͳ$Ͳ$PublicWorks PlowTruck 407 Vehicle/Equipment Replacement 20 DROPͲͲͲͲͲ Ͳ$Ͳ$Ͳ$PublicWorks PlowTruck 410 Vehicle/Equipment Replacement 20 DROPͲͲͲͲͲ Ͳ$Ͳ$Ͳ$PublicWorks 3/4TonPickup 422 Vehicle/Equipment Replacement 12 DROPͲͲͲͲͲ Ͳ$Ͳ$Ͳ$PublicWorks 3/4TonPickup 431 Vehicle/Equipment Replacement 12 DROPͲͲͲͲͲ Ͳ$Ͳ$Ͳ$AnnualCost 2022 2023 2024 2025 2026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041634,313.49$1,580,750.00$270,750.00$635,750.00$425,750.00$480,750.00$3,040,750.00$3,523,750.00$2,713,750.00$ƉƉĞŶĚŝdž͗185 FacilitiesProjection(2022Ͳ2041)DepartmentAssetSubAsset/DescriptionAssetClassTreatmentInterval YearCostAnnualized 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041Admin CityHallInteriorLightingFacilityReplacement50202260,000.00$1,200.00$60,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Admin CityHallExteriorLightingFacilityReplacement50202250,000.00$1,000.00$50,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Admin CityHallSecurityLightingFacilityReplacement50202225,000.00$500.00$25,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Admin CityHallParkingLotFacilityMajorRehabilitation252022500,000.00$20,000.00$500,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Admin CityHallRoofFacilityReplacement252025650,000.00$26,000.00$ ͲͲͲ650,000.00$ͲͲ$Ͳ$Ͳ$Admin CityHallVAV'sFacilityRehabilitation20202548,000.00$2,400.00$ ͲͲͲ48,000.00$ ͲͲ$Ͳ$Ͳ$Admin CityHallGeneratorFacilityReplacement502025100,000.00$2,000.00$ ͲͲͲ100,000.00$ͲͲ$Ͳ$Ͳ$Admin CityHallBoilersFacilityReplacement35203080,000.00$2,285.71$ͲͲͲͲͲ80,000.00$Ͳ$Ͳ$Admin CityHallWindowsFacilityReplacement5020401,000,000.00$20,000.00$ͲͲͲͲͲͲ$Ͳ$1,000,000.00$Admin CityHallExteriorDoorsFacilityReplacement50204050,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$50,000.00$Admin CityHallRTU'sFacilityReplacement252045340,000.00$13,600.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Admin CityHallVAV'sFacilityReplacement502045240,000.00$4,800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ParksGarage RoofFacilityReplacement502024250,000.00$5,000.00$ ͲͲ250,000.00$ͲͲͲ$Ͳ$Ͳ$Parks&Rec ParksGarage WindowsFacilityReplacement502024150,000.00$3,000.00$ ͲͲ150,000.00$ͲͲͲ$Ͳ$Ͳ$Parks&Rec ParksGarage HeatingUnitFacilityReplacement252024100,000.00$4,000.00$ ͲͲ100,000.00$ͲͲͲ$Ͳ$Ͳ$Police CityHallPDMen'sLockerRoomFacilityMajorRehabilitation202022200,000.00$10,000.00$200,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Police CityHallProcessingRoom/SalleyportFacilityMajorRehabilitation202023400,000.00$20,000.00$ Ͳ400,000.00$ͲͲͲͲ$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive OfficeACFacilityReplacement252027100,000.00$4,000.00$ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive InteriorLightingFacilityReplacement25202750,000.00$2,000.00$ͲͲͲͲͲ50,000.00$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive ParkingLotFacilityMajorRehabilitation252027275,000.00$11,000.00$ͲͲͲͲͲ275,000.00$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive ExteriorFaçadeFacilityTuckpointing502032100,000.00$2,000.00$ͲͲͲͲͲͲ$100,000.00$Ͳ$PublicWorks 1415IndustrialDrive OverheadDoorsFacilityReplacement25203250,000.00$2,000.00$ͲͲͲͲͲͲ$50,000.00$Ͳ$PublicWorks 1415IndustrialDrive ExteriorDoorsFacilityReplacement50204230,000.00$600.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive WindowsFacilityReplacement502042500,000.00$10,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive GeneratorFacilityReplacement50204250,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive HeatingSystemFacilityReplacement502062500,000.00$10,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks 1415IndustrialDrive RoofFacilityReplacement502062100,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks SaltStorageFacilitySaltStorageatWWTPParcel FacilityNewConstruction502025500,000.00$10,000.00$ ͲͲͲ500,000.00$ͲͲ$Ͳ$Ͳ$AnnualCost 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041191,385.71$835,000.00$400,000.00$500,000.00$1,298,000.00$Ͳ$505,000.00$150,000.00$1,050,000.00$ƉƉĞŶĚŝdž͗186 ParksandLandProjection(2022Ͳ2041)DepartmentAssetSubAsset/DescriptionAssetClassTreatmentInterval YearCostAnnualized 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041Parks&Rec JayceesPark GazeboPark/LandRoofReplacement2520225,000.00$200.00$5,000.00$ ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec KnoxParkParkingLotsPark/LandMajorRehabilitation252022325,000.00$13,000.00$325,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec KnoxParkMaintenanceSheds(4each) Park/LandReplacement25202220,000.00$800.00$20,000.00$ ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec LakelandPark CommunityCenterͲMechanical/ElecPark/LandMajorRehabilitation50202215,000.00$300.00$15,000.00$ ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec McBarkDogPark FencingPark/LandReplacement50202250,000.00$1,000.00$50,000.00$ ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec MillerRiverfront GazeboPark/LandRoofReplacement2520225,000.00$200.00$5,000.00$ ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark ParkingAreaPark/LandMajorRehabilitation252022225,000.00$9,000.00$225,000.00$ͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkLightingSystem Park/Land Replacement 50 2022 100,000.00$2,000.00$100,000.00$ Ͳ Ͳ Ͳ Ͳ Ͳ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkPicnicGazebo Park/Land RoofReplacement 25 2022 5,000.00$200.00$ 5,000.00$ Ͳ Ͳ Ͳ Ͳ Ͳ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkMainGazebo Park/Land RoofReplacement 25 2022 10,000.00$400.00$ 10,000.00$ Ͳ Ͳ Ͳ Ͳ Ͳ$Ͳ$Ͳ$Parks&Rec KnoxPark SkatePark Park/Land MajorRehabilitation 25 2024 25,000.00$1,000.00$ Ͳ Ͳ25,000.00$ Ͳ Ͳ Ͳ$Ͳ$Ͳ$Parks&Rec HorseFarm Driveway Park/Land NewInstallation 25 2025 100,000.00$4,000.00$ Ͳ Ͳ Ͳ100,000.00$ Ͳ Ͳ$Ͳ$Ͳ$Parks&Rec EastBeachPark PlaygroundEquipment Park/Land Replacement 25 2027 35,000.00$1,400.00$ Ͳ Ͳ Ͳ Ͳ Ͳ35,000.00$ Ͳ$Ͳ$Parks&Rec EastBeachPark ParkingLotPark/Land MajorRehabilitation 25 2027 40,000.00$1,600.00$ͲͲͲͲͲ40,000.00$Ͳ$Ͳ$Parks&Rec FoxRidgeGazeboPark/LandRoofReplacement2520275,000.00$200.00$ͲͲͲͲͲ5,000.00$Ͳ$Ͳ$Parks&Rec FreundField ParkingLotPark/LandMajorRehabilitation25202775,000.00$3,000.00$ ͲͲͲͲͲ75,000.00$Ͳ$Ͳ$Parks&Rec JayceesPark PlaygroundEquipmentPark/LandReplacement25202790,000.00$3,600.00$ ͲͲͲͲͲ90,000.00$Ͳ$Ͳ$Parks&Rec JayceesPark Sidewalks&PathsPark/LandMajorRehabilitation25202730,000.00$1,200.00$ ͲͲͲͲͲ30,000.00$Ͳ$Ͳ$Parks&Rec KiwanisTotLot PlaygroundEquipmentPark/LandReplacement25202775,000.00$3,000.00$ ͲͲͲͲͲ75,000.00$Ͳ$Ͳ$Parks&Rec KiwanisTotLot BasketballCourtPark/LandReconstruction25202715,000.00$600.00$ͲͲͲͲͲ15,000.00$Ͳ$Ͳ$Parks&Rec KnoxParkPoolLightingSystemPark/LandReplacement50202750,000.00$1,000.00$ ͲͲͲͲͲ50,000.00$Ͳ$Ͳ$Parks&Rec KnoxParkTennisCourtLightsPark/LandReplacement50202725,000.00$500.00$ͲͲͲͲͲ25,000.00$Ͳ$Ͳ$Parks&Rec KnoxParkBaseballFieldLightsPark/LandReplacement502027100,000.00$2,000.00$ ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$Parks&Rec KnoxParkPoolͲMechanical/Electrical Park/LandMajorRehabilitation502027100,000.00$2,000.00$ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$Parks&Rec MillerRiverfront ParkingAreaPark/LandHMAPaving252027100,000.00$4,000.00$ ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$Parks&Rec PetersenPark BaseballBackstops(2Each) Park/LandReplacement50202710,000.00$200.00$ͲͲͲͲͲ10,000.00$Ͳ$Ͳ$Parks&Rec PetersenPark PicnicGazebos(2each)Park/LandRoofReplacement25202710,000.00$400.00$ͲͲͲͲͲ10,000.00$Ͳ$Ͳ$Parks&RecHorseFarmBarnPark/LandRoofReplacement25202725,000.00$1,000.00$ ͲͲͲͲͲ25,000.00$Ͳ$Ͳ$Parks&Rec PetersenFarm WindowsPark/LandReplacement25202740,000.00$1,600.00$ ͲͲͲͲͲ40,000.00$Ͳ$Ͳ$Parks&Rec WeberParkSeawallPark/LandReplacement502027100,000.00$2,000.00$ ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$Parks&Rec WestBeachPark ParkingAreaPark/LandMajorRehabilitation25202775,000.00$3,000.00$ͲͲͲͲͲ75,000.00$Ͳ$Ͳ$Parks&Rec AlthoffParkPlaygroundEquipmentPark/LandReplacement25203275,000.00$3,000.00$ ͲͲͲͲͲͲ$75,000.00$Ͳ$Parks&RecAlthoffParkParkingLotPark/LandMajorRehabilitation252032280,000.00$11,200.00$ ͲͲͲͲͲͲ$280,000.00$Ͳ$Parks&Rec AlthoffParkGazeboPark/LandRoofReplacement25203250,000.00$2,000.00$ ͲͲͲͲͲͲ$50,000.00$Ͳ$Parks&Rec CenterStreetPark GazeboPark/LandRoofReplacement2520325,000.00$200.00$ͲͲͲͲͲͲ$5,000.00$Ͳ$Parks&Rec CreeksidePark ParkingLotPark/LandMajorRehabilitation25203230,000.00$1,200.00$ ͲͲͲͲͲͲ$30,000.00$Ͳ$Parks&Rec CreeksidePark FencingPark/LandReplacement5020325,000.00$100.00$ͲͲͲͲͲͲ$5,000.00$Ͳ$Parks&Rec EastBeachParkBasketballCourtPark/LandReplaceHoops&Resurface25203225,000.00$1,000.00$ ͲͲͲͲͲͲ$25,000.00$Ͳ$Parks&Rec FoxRidgeParkingLotPark/LandHMAPaving252032150,000.00$6,000.00$ ͲͲͲͲͲͲ$150,000.00$Ͳ$Parks&Rec FreundField BasketballCourtsPark/LandReconstruction252032250,000.00$10,000.00$ ͲͲͲͲͲͲ$250,000.00$Ͳ$Parks&Rec KnoxParkPlaygroundEquipmentPark/LandReplacement25203290,000.00$3,600.00$ ͲͲͲͲͲͲ$90,000.00$Ͳ$Parks&Rec KnoxParkPoolFencingPark/LandReplacement50203220,000.00$400.00$ͲͲͲͲͲͲ$20,000.00$Ͳ$Parks&Rec KnoxParkBaseballFieldFencingPark/LandReplacement50203275,000.00$1,500.00$ ͲͲͲͲͲͲ$75,000.00$Ͳ$Parks&Rec KnoxParkPoolLinerPark/LandReplacement10203275,000.00$7,500.00$ ͲͲͲͲͲͲ$75,000.00$Ͳ$Parks&Rec KnoxParkScoreboardsPark/LandReplacement25203220,000.00$800.00$ͲͲͲͲͲͲ$20,000.00$Ͳ$Parks&Rec LakelandPark CommunityCenterPark/LandRoofReplacement2520325,000.00$200.00$ͲͲͲͲͲͲ$5,000.00$Ͳ$Parks&Rec NorthOakPlaygroundEquipmentPark/LandReplacement25203275,000.00$3,000.00$ ͲͲͲͲͲͲ$75,000.00$Ͳ$Parks&Rec OvertonPark GazeboPark/LandRoofReplacement2520325,000.00$200.00$ͲͲͲͲͲͲ$5,000.00$Ͳ$Parks&Rec PetersenPark ParkingAreaPark/LandMajorRehabilitation25203290,000.00$3,600.00$ ͲͲͲͲͲͲ$90,000.00$Ͳ$Parks&Rec PetersenPark BeachPathPark/LandMajorRehabilitation25203250,000.00$2,000.00$ ͲͲͲͲͲͲ$50,000.00$Ͳ$Parks&Rec PetersenPark BeachBathroomsPark/LandRoofReplacement2520325,000.00$200.00$ͲͲͲͲͲͲ$5,000.00$Ͳ$Parks&Rec PetersenPark Concessions/Maintenance/BathroomPark/LandRoofReplacement25203210,000.00$400.00$ͲͲͲͲͲͲ$10,000.00$Ͳ$Parks&Rec HorseFarmFencingPark/LandReplacement25203245,000.00$1,800.00$ ͲͲͲͲͲͲ$45,000.00$Ͳ$Parks&Rec HorseFarmElectricalSystemPark/LandMajorRehabilitation50203250,000.00$1,000.00$ ͲͲͲͲͲͲ$50,000.00$Ͳ$Parks&Rec HorseFarmHeatingandAirUnitsPark/LandReplacement25203225,000.00$1,000.00$ ͲͲͲͲͲͲ$25,000.00$Ͳ$Parks&Rec ShamrockPark GazeboPark/LandRoofReplacement2520325,000.00$200.00$ͲͲͲͲͲͲ$5,000.00$Ͳ$Parks&Rec ShamrockPark BasketballCourtsPark/LandMajorRehabilitation25203215,000.00$600.00$ͲͲͲͲͲͲ$15,000.00$Ͳ$Parks&Rec WhisperingOaksPark TrelacePark/LandRemovalNA203215,000.00$15,000.00$ ͲͲͲͲͲͲ$15,000.00$Ͳ$Parks&Rec AlthoffParkConcessions&Bathroom Park/LandReplacement50203750,000.00$1,000.00$ ͲͲͲͲͲͲ$Ͳ$50,000.00$Parks&Rec CenterStreetPark PlaygroundEquipmentPark/LandReplacement252037100,000.00$4,000.00$ ͲͲͲͲͲͲ$Ͳ$100,000.00$Parks&Rec ElmStreetPark LandscapingPark/LandReconstruction25203710,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$10,000.00$Parks&Rec HomesteadTotLot PlaygroundEquipmentPark/LandReplacement25203780,000.00$3,200.00$ͲͲͲͲͲͲ$Ͳ$80,000.00$Parks&Rec KnoxParkKnoxParkBarnPark/LandRoofReplacement25203725,000.00$1,000.00$ ͲͲͲͲͲͲ$Ͳ$25,000.00$Parks&Rec KnoxParkKnoxParkBarnPark/LandSidingReplacement502037100,000.00$2,000.00$ ͲͲͲͲͲͲ$Ͳ$100,000.00$Parks&RecKnoxParkTennisCourtsPark/LandReconstruction502037150,000.00$3,000.00$ ͲͲͲͲͲͲ$Ͳ$150,000.00$Parks&Rec LibertyTrailsPark PlaygroundEquipmentPark/LandReplacement252037120,000.00$4,800.00$ͲͲͲͲͲͲ$Ͳ$120,000.00$Parks&Rec MalibuPlayground PlaygroundEquipmentPark/LandReplacement25203775,000.00$3,000.00$ ͲͲͲͲͲͲ$Ͳ$75,000.00$Parks&Rec McHenryShores BasketballCourtPark/LandReconstruction25203735,000.00$1,400.00$ ͲͲͲͲͲͲ$Ͳ$35,000.00$ƉƉĞŶĚŝdž͗187 ParksandLandProjection(2022Ͳ2041)DepartmentAssetSubAsset/DescriptionAssetClassTreatmentInterval YearCostAnnualized 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041Parks&Rec PetersenPark ParkingArea Park/Land MajorRehabilitation 25 2037 125,000.00$5,000.00$ Ͳ Ͳ Ͳ Ͳ Ͳ Ͳ$Ͳ$ 125,000.00$Parks&Rec PetersenPark BeachBuilding Park/Land RoofReplacement 25 2037 5,000.00$200.00$ͲͲͲͲͲ Ͳ$Ͳ$ 5,000.00$Parks&Rec PetersenPark Field3/4OutfieldFencing Park/Land Replacement 50 2037 20,000.00$400.00$ͲͲͲͲͲ Ͳ$Ͳ$ 20,000.00$Parks&Rec ShamrockPark PlaygroundEquipment Park/Land Replacement 25 2037 125,000.00$5,000.00$ Ͳ Ͳ Ͳ Ͳ Ͳ Ͳ$Ͳ$ 125,000.00$Parks&Rec WhisperingOaksPark BathroomsPark/LandRoofReplacement2520375,000.00$200.00$ͲͲͲͲͲͲ$Ͳ$5,000.00$Parks&Rec WhisperingOaksPark PicnicShelterPark/LandRoofReplacement2520375,000.00$200.00$ͲͲͲͲͲͲ$Ͳ$5,000.00$Parks&Rec CenterStreetPark BasketballCourtPark/LandReplaceHoops&Resurface25204225,000.00$1,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec CenterStreetPark Backstop(Baseball)Park/LandReplacement50204210,000.00$200.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&RecCenterStreetPark FencingPark/LandReplacement50204215,000.00$300.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ColdSpringsPark ParkingLotPark/LandMajorRehabilitation25204250,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec CreeksidePark PlaygroundEquipmentPark/LandReplacement25204275,000.00$3,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec CreeksidePark GazeboPark/LandRoofReplacement2520425,000.00$200.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec FreundField PlaygroundEquipmentPark/LandReplacement25204275,000.00$3,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec FreundField Sidewalks&PathsPark/LandMajorRehabilitation25204215,000.00$600.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec KnoxParkGazebo(2each)Park/LandReplacement50204250,000.00$1,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec KnoxParkPoolRoofPark/LandReplacement25204250,000.00$2,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec LakelandPark PlaygroundEquipmentPark/LandReplacement25204275,000.00$3,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PebbleCreekPark PlaygroundEquipmentPark/LandReplacement25204285,000.00$3,400.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark PlaygroundEquipmentPark/LandReplacement252042120,000.00$4,800.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenParkScoreboardsPark/LandReplacement25204245,000.00$1,800.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark Basketball&TennisCourts Park/LandReconstruction502042150,000.00$3,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark SplitRailFencingPark/LandReplacement25204230,000.00$1,200.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark ChainLinkFencingPark/LandReplacement50204250,000.00$1,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec WhisperingOaksPark CitySignBoardPark/LandReplacement25204220,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&RecKnoxParkWalkingPathPark/LandMajorRehabilitation252043100,000.00$4,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec LakelandPark ParkingLotPark/LandMajorRehabilitation25204360,000.00$2,400.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec FoxRidgePlaygroundEquipmentPark/LandReplacement252047150,000.00$6,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec FoxRidgeMaintenanceShed(2each) Park/LandReplacement25204710,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec LakelandPark BaseballBackstop/OutfieldFence Park/LandReplacement50204725,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec MillerRiverfront GazeboPark/LandReplacement50204725,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark PlaygroundEquipmentPark/LandReplacement25204760,000.00$2,400.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark PlaygroundEquipmentPark/LandReplacement25204790,000.00$3,600.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark MaintenanceSheds(4each) Park/LandReplacement50204720,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark BaseballFieldsPark/LandReconstruction502047200,000.00$4,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&RecRiversideHollow PlaygroundEquipmentPark/LandReplacement25204775,000.00$3,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec RotaryParkGazeboPark/LandReplacement50204725,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkPlaygroundEquipment Park/Land Replacement 25 2047 125,000.00$5,000.00$ Ͳ Ͳ Ͳ Ͳ Ͳ Ͳ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkPicnicGazebo Park/Land Replacement 50 2047 25,000.00$500.00$ͲͲͲͲͲ Ͳ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkMainGazebo Park/Land MajorRehabilitation 50 2047 50,000.00$1,000.00$ͲͲͲͲͲ Ͳ$Ͳ$Ͳ$Parks&Rec AlthoffPark Gazebo Park/Land Replacement 50 2052 60,000.00$1,200.00$ͲͲͲͲͲ Ͳ$Ͳ$Ͳ$Parks&Rec CenterStreetPark Gazebo Park/Land Replacement 50 2052 25,000.00$500.00$ͲͲͲͲͲ Ͳ$Ͳ$Ͳ$Parks&Rec FoxRidgeLightingSystemPark/LandReplacement50205210,000.00$200.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec FoxRidgeGazeboPark/LandReplacement50205225,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&RecFoxRidgeBaseballFieldsPark/LandReconstruction502052300,000.00$6,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ElmStreetPark Sidewalks&PathsPark/LandReconstruction25205215,000.00$600.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec JayceesPark GazeboPark/LandReplacement50205225,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec JayceesPark Backstop(Baseball)Park/LandReplacement50205210,000.00$200.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec KnoxParkBaseballFields2(each)Park/LandReconstruction502052100,000.00$2,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec KnoxParkSkatePark/BocceBallFencing Park/LandReplacement50205250,000.00$1,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec McBarkDogPark Gazebos(2each)Park/LandReplacement50205220,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec OvertonPark GazeboPark/LandReplacement50205225,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark BaseballFieldLightsPark/LandReplacement502052100,000.00$2,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&RecPetersenPark BeachBuildingPark/LandReplacement50205260,000.00$1,200.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark StagePark/LandReplacement502052100,000.00$2,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark BaseballBackstops(3Each) Park/LandReplacement50205230,000.00$600.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark PicnicGazebos(2each)Park/LandReplacement50205260,000.00$1,200.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkSidewalks&Paths Park/Land Replacement 100 2052 250,000.00$2,500.00$ Ͳ Ͳ Ͳ Ͳ Ͳ Ͳ$Ͳ$Ͳ$Parks&Rec WhisperingOaksPark PlaygroundEquipment Park/Land Replacement 30 2052 250,000.00$8,333.33$ͲͲͲͲͲ Ͳ$Ͳ$Ͳ$Parks&Rec CreeksidePark Gazebo Park/Land Replacement 50 2057 25,000.00$500.00$ͲͲͲͲͲ Ͳ$Ͳ$Ͳ$Parks&Rec FreundField BaseballFieldsPark/LandReconstruction50205750,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec HomesteadTotLot Sidewalks&PathsPark/LandMajorRehabilitation50205715,000.00$300.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenParkGazeboPark/LandReplacement50205720,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ShamrockPark GazeboPark/LandReplacement50205750,000.00$1,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ShamrockPark BaseballFieldsPark/LandMajorRehabilitation50205740,000.00$800.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ShamrockPark BasketballCourtsPark/LandReconstruction50205750,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ShamrockPark BaseballBackstopsPark/LandReplacement50205720,000.00$400.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec ElmStreetPark ClockPark/LandRehab/Replacement50206225,000.00$500.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec PetersenPark BeachLightingPark/LandReplacement50206275,000.00$1,500.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$ƉƉĞŶĚŝdž͗188 ParksandLandProjection(2022Ͳ2041)DepartmentAssetSubAsset/DescriptionAssetClassTreatmentInterval YearCostAnnualized 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041Parks&Rec WhisperingOaksPark Bathrooms Park/Land Replacement 50 2062 25,000.00$500.00$ͲͲͲͲͲ Ͳ$Ͳ$Ͳ$Parks&Rec WhisperingOaksPark PicnicShelter Park/Land Replacement 50 2062 25,000.00$500.00$ͲͲͲͲͲ Ͳ$Ͳ$Ͳ$Parks&Rec FoxRidge Bathroom/ConcessionStand Park/Land Replacement 50 2072 100,000.00$2,000.00$ Ͳ Ͳ Ͳ Ͳ Ͳ Ͳ$Ͳ$Ͳ$Parks&Rec MillerRiverfront LightingSystem Park/Land Replacement 50 2072 30,000.00$600.00$ͲͲͲͲͲ Ͳ$Ͳ$Ͳ$Parks&Rec PetersenPark BeachBathrooms Park/Land Replacement 50 2072 90,000.00$1,800.00$ Ͳ Ͳ Ͳ Ͳ Ͳ Ͳ$Ͳ$Ͳ$Parks&Rec PetersenParkConcessions/Maintenance/BathroomPark/LandReplacement1002072100,000.00$1,000.00$ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec VeteransMemorialParkBathroomsPark/LandReplacement50207265,000.00$1,300.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$Parks&Rec WalshParkSeawallPark/LandReplacement50207250,000.00$1,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$AnnualCost 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041290,933.33$760,000.00$Ͳ$25,000.00$100,000.00$Ͳ$1,000,000.00$1,545,000.00$1,030,000.00$ƉƉĞŶĚŝdž͗189 InfrastructureProjection(2022Ͳ2041)DepartmentAssetSubAsset/DescriptionAssetClassTreatmentInterval YearCostAnnualized 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041Parks&Rec KnoxParkMultiͲUsePathInfrastructureResurfacing25204175,000.00$3,000.00$ͲͲͲͲͲͲ$Ͳ$75,000.00$PublicWorks BridgeOakwoodDriveoverBooneCreek InfrastructureReplacement502023500,000.00$10,000.00$ Ͳ500,000.00$ͲͲͲͲ$Ͳ$Ͳ$PublicWorks StreetLights Route120(East)(21each) InfrastructureReplacement302023210,000.00$7,000.00$ Ͳ210,000.00$ͲͲͲͲ$Ͳ$Ͳ$PublicWorks LargeCulvert BooneCreekSpur@WatersEdgeInfrastructureLining50202550,000.00$1,000.00$ ͲͲͲ50,000.00$ ͲͲ$Ͳ$Ͳ$PublicWorks MultiͲUsePath DartmoorͲFarmsteadInfrastructureResurfacing252025250,000.00$10,000.00$ ͲͲͲ250,000.00$ͲͲ$Ͳ$Ͳ$PublicWorks StreetLights HospitalCampus(25each) InfrastructureReplacement302025250,000.00$8,333.33$ ͲͲͲ250,000.00$ͲͲ$Ͳ$Ͳ$PublicWorks StreetLights OldBullValleyRoad(4each) InfrastructureReplacement30202540,000.00$1,333.33$ ͲͲͲ40,000.00$ ͲͲ$Ͳ$Ͳ$PublicWorks CLLillianSignal ControlCabinetInfrastructureReplacement25202750,000.00$2,000.00$ ͲͲͲͲͲ50,000.00$Ͳ$Ͳ$PublicWorks CLLillianSignal Poles&ArmsInfrastructureReplacement252027100,000.00$4,000.00$ ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$PublicWorks CLWindCreekSignal ControlCabinetInfrastructureReplacement25202750,000.00$2,000.00$ ͲͲͲͲͲ50,000.00$Ͳ$Ͳ$PublicWorks CLWindCreekSignal Poles&ArmsInfrastructureReplacement252027100,000.00$4,000.00$ͲͲͲͲͲ100,000.00$Ͳ$Ͳ$PublicWorks MultiͲUsePath VeteransParkwayInfrastructureResurfacing252027125,000.00$5,000.00$ ͲͲͲͲͲ125,000.00$Ͳ$Ͳ$PublicWorks StreetLights RiversideDrive(34each)InfrastructureReplacement302027340,000.00$11,333.33$ ͲͲͲͲͲ340,000.00$Ͳ$Ͳ$PublicWorks StreetLights PearlStreetBridge(3each) InfrastructureReplacement30202730,000.00$1,000.00$ ͲͲͲͲͲ30,000.00$Ͳ$Ͳ$PublicWorks StreetLights MainStreet(24each)InfrastructureReplacement302028240,000.00$8,000.00$ͲͲͲͲͲ240,000.00$Ͳ$Ͳ$PublicWorks StreetLights CorporateCenter(41each) InfrastructureReplacement302028410,000.00$13,666.67$ ͲͲͲͲͲ410,000.00$Ͳ$Ͳ$PublicWorks StreetLights GreenStreet(24each)InfrastructureReplacement302029240,000.00$8,000.00$ͲͲͲͲͲ240,000.00$Ͳ$Ͳ$PublicWorks BridgeDartmooroverBooneCreek InfrastructureSuperstructureReplacement 252030500,000.00$20,000.00$ͲͲͲͲͲ500,000.00$Ͳ$Ͳ$PublicWorks LargeCulvert BooneCreekSpur@FrontRoyal InfrastructureLining50203050,000.00$1,000.00$ ͲͲͲͲͲ50,000.00$Ͳ$Ͳ$PublicWorks LargeCulvert Edgebrook/DukerCorrugatedSteel InfrastructureReplacement752030500,000.00$6,666.67$ ͲͲͲͲͲ500,000.00$Ͳ$Ͳ$PublicWorks StreetLights AdamsIndustrial(22each) InfrastructureReplacement302031220,000.00$7,333.33$ ͲͲͲͲͲ220,000.00$Ͳ$Ͳ$PublicWorks StreetLights Route120(West)(26each) InfrastructureReplacement302032260,000.00$8,666.67$ͲͲͲͲͲͲ$260,000.00$Ͳ$PublicWorks StreetLights HillsideLane(10each)InfrastructureReplacement302034100,000.00$3,333.33$ ͲͲͲͲͲͲ$100,000.00$Ͳ$PublicWorks BridgePearlStreetoverFoxInfrastructureDeckReplacement252035500,000.00$20,000.00$ ͲͲͲͲͲͲ$500,000.00$Ͳ$PublicWorks BridgeBullValleyRoadoverBooneCreek InfrastructureReplacement502035200,000.00$4,000.00$ ͲͲͲͲͲͲ$200,000.00$Ͳ$PublicWorks LargeCulvert GreenStreetCreekCrossing InfrastructureReplacement752035500,000.00$6,666.67$ ͲͲͲͲͲͲ$500,000.00$Ͳ$PublicWorks BridgeMillstreamoverBooneCreek InfrastructureReplacement502035500,000.00$10,000.00$ ͲͲͲͲͲͲ$500,000.00$Ͳ$PublicWorks StreetLights BlakeBoulevard(7each)InfrastructureReplacement30203570,000.00$2,333.33$ ͲͲͲͲͲͲ$70,000.00$Ͳ$PublicWorks BridgeGreenStreetoverBooneCreek InfrastructureReplacement5020363,000,000.00$60,000.00$ ͲͲͲͲͲͲ$3,000,000.00$Ͳ$PublicWorks CLDartSignal ControlCabinetInfrastructureReplacement25204050,000.00$2,000.00$ ͲͲͲͲͲͲ$Ͳ$50,000.00$PublicWorks CLDartSignal Poles&ArmsInfrastructureReplacement252040100,000.00$4,000.00$ ͲͲͲͲͲͲ$Ͳ$100,000.00$PublicWorks Blake/MCLakeSignal ControlCabinetInfrastructureReplacement25204050,000.00$2,000.00$ ͲͲͲͲͲͲ$Ͳ$50,000.00$PublicWorks Blake/MCLakeSignal Poles&ArmsInfrastructureReplacement252040100,000.00$4,000.00$ ͲͲͲͲͲͲ$Ͳ$100,000.00$PublicWorks LargeCulvert JohnStreetCreekCrossing InfrastructureReplacement752040100,000.00$1,333.33$ ͲͲͲͲͲͲ$Ͳ$100,000.00$PublicWorks StreetLights MercyDrive(5each)InfrastructureReplacement30204050,000.00$1,666.67$ ͲͲͲͲͲͲ$Ͳ$50,000.00$PublicWorks BVCurranSignal ControlCabinetInfrastructureReplacement25204150,000.00$2,000.00$ ͲͲͲͲͲͲ$Ͳ$50,000.00$PublicWorks BVCurranSignal Poles&ArmsInfrastructureReplacement252041100,000.00$4,000.00$ͲͲͲͲͲͲ$Ͳ$100,000.00$PublicWorks CLRoyalSignal ControlCabinetInfrastructureReplacement25204150,000.00$2,000.00$ ͲͲͲͲͲͲ$Ͳ$50,000.00$PublicWorks CLRoyalSignal Poles&ArmsInfrastructureReplacement252041100,000.00$4,000.00$ͲͲͲͲͲͲ$Ͳ$100,000.00$PublicWorks MultiͲUsePath LincolnRoadInfrastructureResurfacing252043125,000.00$5,000.00$ ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks StreetLights Route31(11each)InfrastructureReplacement302045220,000.00$7,333.33$ ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks StreetLights MunicipalDrive(22each) InfrastructureReplacement302050220,000.00$7,333.33$ ͲͲͲͲͲͲ$Ͳ$Ͳ$PublicWorks StreetsAnnualCrackSealInfrastructureCrackSealing8Annual Annual100,000.00$100,000.00$100,000.00$100,000.00$100,000.00$100,000.00$500,000.00$500,000.00$500,000.00$PublicWorks SidewalkAnnualSidewalkReplacement InfrastructureReplacement100 Annual Annual300,000.00$300,000.00$300,000.00$300,000.00$300,000.00$300,000.00$1,500,000.00$1,500,000.00$1,500,000.00$PublicWorks ConcreteCurb AnnualCurbReplacement InfrastructureReplacement100 Annual Annual300,000.00$300,000.00$300,000.00$300,000.00$300,000.00$300,000.00$1,500,000.00$1,500,000.00$1,500,000.00$PublicWorks StormSewer CorrugatedSteel20yrrep InfrastructureReplacement100 Annual Annual200,000.00$200,000.00$200,000.00$200,000.00$200,000.00$200,000.00$1,000,000.00$1,000,000.00$1,000,000.00$AnnualCost 20222023202420252026 2027Ͳ2031 2032Ͳ2036 2037Ͳ2041296,333.33$Ͳ$710,000.00$Ͳ$590,000.00$Ͳ$2,955,000.00$5,130,000.00$825,000.00$ƉƉĞŶĚŝdž͗190 Actual Actual Actual Actual Actual Actual Actual ActualEstProp12/13 13/14 14/15 15/16 16/17 17/18 18/19 19/20 20/21 21/22GeneralFundRevenue19,059,451.00$19,777,155.00$20,306,986.00$20,659,643.00$21,918,987.00$22,514,456.00$23,490,350.00$23,697,763.00$24,655,772.00$24,178,312.00$PercentIncrease3.77% 2.68% 1.74% 6.10% 2.72% 4.33% 0.88% 4.04%Ͳ1.94%2.70% RevenueGeneralFundOperatingExpenditures17,416,009.00$17,500,880.00$17,847,734.00$18,749,671.00$19,947,884.00$22,195,851.00$22,451,642.00$22,867,136.00$22,775,466.00$23,992,513.00$PercentIncrease0.49% 1.98% 5.05% 6.39% 11.27% 1.15% 1.85%Ͳ0.40% 5.34%3.68% OperatingFundBalanceEnd7,062,262.00$8,654,575.00$10,150,308.00$10,431,287.00$7,303,780.00$7,266,953.00$7,254,963.00$7,033,891.00$8,186,345.00$6,858,644.00$120DayBalance5,806,207.00$5,997,898.00$6,223,320.00$6,775,024.00$7,303,780.00$7,350,447.00$7,640,353.00$8,045,963.00$7,946,826.00$8,185,231.00$Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected22/23 23/24 24/25 25/26 26/27 27/28 28/29 29/30 30/31 31/32GeneralFundRevenue25,669,575.25$26,362,653.79$27,074,445.44$27,805,455.46$28,556,202.76$29,327,220.24$30,119,055.18$30,932,269.67$31,767,440.95$32,625,161.86$PercentIncrease2.70% 2.70% 2.70% 2.70% 2.70% 2.70% 2.70% 2.70% 2.70% 2.70%GeneralFundOperatingExpenditures24,875,437.48$25,790,853.58$26,739,956.99$27,723,987.41$28,744,230.14$29,802,017.81$30,898,732.07$32,035,805.41$33,214,723.05$34,437,024.86$PercentIncrease3.68% 3.68% 3.68% 3.68% 3.68% 3.68% 3.68% 3.68% 3.68% 3.68%FundBalanceEnd7,652,781.78$8,224,581.98$8,559,070.43$8,640,538.49$8,452,511.11$7,977,713.53$7,198,036.65$6,094,500.91$4,647,218.82$2,835,355.83$120DayBalance8,178,226.02$8,479,184.74$8,791,218.74$9,114,735.59$9,450,157.86$9,797,923.66$10,158,487.26$10,532,319.59$10,919,908.95$11,321,761.60$EstimatedbyescalatingFY19/20actualrevenueat2.7%peryearover3yearsEstimatedbyescalatingproposedFY21/22operatingexpendituresat3.68%for1yearAverageAnnualIncrease2012Ͳ2022ƉƉĞŶĚŝdž͗'ĞŶĞƌĂů&ƵŶĚKƉĞƌĂƚŝŶŐŽƐƚƐͬZĞǀĞŶƵĞ,ŝƐƚŽƌLJĂŶĚWƌŽũĞĐƚŝŽŶ191 $Ͳ$5,000,000.00$10,000,000.00$15,000,000.00$20,000,000.00$25,000,000.00$30,000,000.00$35,000,000.00$40,000,000.0012/13 13/14 14/15 15/16 16/17 17/18 18/19 19/20 20/21 21/2222/2323/2424/2525/2626/2727/2828/2929/30 30/31 31/32FISCALYEARGeneralFundOperatingRevenuevsGeneralFundOperatingExpendituresHistory&Projection(2012Ͳ2032)GeneralFundRevenueGeneralFundOperatingExpendituresFundBalanceLinear(GeneralFundRevenue)Linear(GeneralFundOperatingExpenditures)ƉƉĞŶĚŝdž͗'ĞŶĞƌĂů&ƵŶĚKƉĞƌĂƚŝŶŐŽƐƚƐͬZĞǀĞŶƵĞ,ŝƐƚŽƌLJĂŶĚWƌŽũĞĐƚŝŽŶ192 AppendixDͲPropertyTaxLevyHistoryandPTELLAnalysisYearPTELLPTELL(w/growth)ActualLevy Difference/LostRevenue20104,760,356$4,761,611$20114,843,588$4,761,638$81,950$20124,916,096$5,000,730$4,761,636$239,094$20134,849,439$5,092,938$4,761,651$331,287$20144,850,335$5,187,793$4,761,651$426,142$20154,817,561$5,248,695$4,761,650$487,045$20164,818,943$5,311,856$4,618,817$693,039$20174,734,725$5,445,200$4,618,800$826,400$20184,737,159$5,584,735$4,618,814$965,921$20194,729,088$5,718,118$4,618,810$1,099,308$20204,772,190$5,908,016$4,618,819$1,289,197$TotalLostRevenue(2010Ͳ2020)6,439,383$YearPTELLPTELL(w/growth)ActualLevy Difference/LostRevenue20214,800,000$6,008,016$4,618,820$1,389,196$20224,800,000$6,108,016$4,618,820$1,489,196$20234,800,000$6,208,016$4,618,820$1,589,196$20244,800,000$6,308,016$4,618,820$1,689,196$20254,800,000$6,408,016$4,618,820$1,789,196$20264,800,000$6,508,016$4,618,820$1,889,196$20274,800,000$6,608,016$4,618,820$1,989,196$20284,800,000$6,708,016$4,618,820$2,089,196$20294,800,000$6,808,016$4,618,820$2,189,196$20304,800,000$6,908,016$4,618,820$2,289,196$20314,800,000$7,008,016$4,618,820$2,389,196$ProjectedLostRevenue(2021Ͳ2031)19,391,960$ProjectionAssumptions: SetPTELLTO2010Ͳ2020AveragePTELL(w/growth)increases$100,000/year193 AppendixEͲMunicipalRevenueSourceComparisonsMunicipality MunicipalLevy(%EAV) ParkDistrictLevy(%EAV)CombinedMunicipal&ParkDistrictLevy(%EAV)UtilityTaxSalesTax(%)Algonquin0.57NoDistrict0.57$902,000Total0.75Cary0.470.751.22ElectricͲ$600,000NonHomeRuleCrystalLake0.340.480.82ElectricͲ$1,508,000GasͲ$1,155,0000.75Huntley0.490.200.69NA1.00LakeintheHills0.72NoDistrict0.72$1,300,000Total1.00McHenry0.62NoDistrict0.62NA0.75Mundelein1.510.471.983%Electric3%Gas1.00Woodstock1.59NoDistrict1.59NA1.00194 An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapters 8, Imposing a New Electric Use Tax, Page 1 ORDINANCE NO. _____ An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapter 8, Imposing a New Electric Use Tax WHEREAS, the City of McHenry, McHenry County, Illinois (the “City”), is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and WHEREAS, the City Council has determined that additional revenue is needed to fund capital asset maintenance and replacement items included in the Community Investment Plan ; and WHEREAS, pursuant to its home rule powers and Section 8-11-2 of the Illinois Municipal Code, 65 ILCS 5/8-11-2, the Mayor and Aldermen of the City have determined that it is useful, appropriate, and in the best interests of the City to impose a new electric utility tax on the privilege of using or consuming electricity acquired in a purchase at retail and used or consumed with the corporate limits of the City. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, pursuant to its home rule authority, as follows: SECTION 1: The foregoing recitals shall be and are hereby incorporated herewith. SECTION 2: The City Code shall be amended to add a new Title 3, Chapter 8 that shall read as follows: Chapter 8. ELECTRIC USE TAX: 3-8-1 Establishment of Tax: An electric use tax at the rates specified in this subsection is hereby established and levied by the City on all persons engaged in the privilege of using or consuming electricity acquired in a purchase at retail and used or consumed within the corporate limits of the City, calculated on a monthly basis, for each purchaser beginning on the effective date of this ordinance: (i) For the first 2,000 kilowatt-hours used or consumed in a month; 0.61 cents per kilowatt-hour; (ii) For the next 48,000 kilowatt-hours used or consumed in a month; 0.40 cents per kilowatt-hour; (iii) For the next 50,000 kilowatt-hours used or consumed in a month; 0.36 cents per kilowatt-hour; 195 An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapters 8, Imposing a New Electric Use Tax, Page 2 (iv) For the next 400,000 kilowatt-hours used or consumed in a month; 0.35 cents per kilowatt-hour; (v) For the next 500,000 kilowatt-hours used or consumed in a month; 0.34 cents per kilowatt-hour; (vi) For the next 2,000,000 kilowatt-hours used or consumed in a month; 0.32 cents per kilowatt-hour; (vii) For the next 2,000,000 kilowatt-hours used or consumed in a month; 0.315 cents per kilowatt-hour; (viii) For the next 5,000,000 kilowatt-hours used or consumed in a month; 0.31 cents per kilowatt-hour; (ix) For the next 10,000,000 kilowatt-hours used or consumed in a month; 0.305 cents per kilowatt-hour; and (x) For all electricity used or consumed in excess of 20,000,000 kilowatt-hours in a month, 0.30 cents per kilowatt-hour. 3-8-2 Limitations: No tax is imposed by this Chapter with respect to any transaction in interstate commerce or otherwise to the extent to which that business or privilege may not be made the subject of taxation by the state of Illinois or this City under the constitution and statutes of the United States. Nor will any persons engaged in using or consuming electricity acquired in a purchase at retail and used or consumed within the corporate limits of the City be subject to taxation under the provisions of this Chapter for such transactions as are or may become subject to taxation under the provisions of the Illinois Municipal Retailers' Occupation Tax Act. 3-8-3 Tax in Addition to Other Compensation: This tax is in addition to all taxes, fees, franchise agreements, payments for use of streets, alleys or other public places, use of wires, poles or other infrastructure and equipment, and any other revenue measures and agreements imposed by the City, the State of Illinois or any other political subdivision of the State. 3-8-4 Definitions: For the purposes of this Chapter, the definitions shall be those used in 65 ILCS 5/8-11-2, as may be subsequently amended. 3-8-5 Payment of Tax to the City/Returns: 1. Collection Of Tax: The person maintaining a place of business in the state of Illinois who delivers the electricity to the purchaser shall collect the tax authorized by this Chapter from the purchaser and shall file a return with, and pay the amount of the tax collected to, the City. This tax constitutes a debt of the purchaser to the person who delivers the electricity to the purchaser and is recoverable at the same time and in the same manner as the original charge for delivering the electricity. 2.Persons delivering electricity may collect the tax from the purchaser by adding the tax to the gross charge for delivering the electricity. Persons delivering electricity also are authorized to add to the gross charge an amount equal to three percent (3%) of the tax to reimburse 196 An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapters 8, Imposing a New Electric Use Tax, Page 3 the person delivering electricity for the expense incurred in keeping records, billing customers, preparing and filing returns, remitting the tax, and supplying data to the City on the City’s request. 3.Any tax required to be collected pursuant to this Chapter and any such tax collected by a person delivering electricity constitutes a debt owed to the City by the person delivering the electricity. With respect to such debt owed to the City, the person delivering electricity may be allowed a credit against such debt to the extent the tax related to deliveries of electricity is not collected because the charges for such electricity are written off as uncollectible; except that if such charges are thereafter collected by the person delivering electricity, then that person must remit the tax to the City. Any partial payment not specifically identified by the purchaser will be deemed to be for the delivery of electricity. 4. Every person who delivers electricity to a purchaser shall on a monthly basis file a return in a form and manner prescribed by the City’s Finance Director. The return and accompanying payment shall be due on or before the last day of the month following the month during which the tax is collected or is required to be collected under this Chapter. 5.If the person delivering electricity fails to collect the tax from the purchaser, then the purchaser will be required to pay the tax directly to the City, on or before the last day of the month following the month during which electricity is used or consumed, by filing a tax return in the form and manner that the City Finance Director will prescribe. 3-8-6 Credits For Overpayment; Limitation: If it appears that an amount of tax has been paid that was not due under the provisions of this Chapter, whether as a result of a mistake of fact or an error of law, then that amount will be credited against any tax due, or to become due, under this Chapter from the person who made the erroneous payment on a filing of a claim for a credit by that person with the City, except that no amount erroneously paid will be credited if that amount was paid more than one (1) year prior to the filing of a claim for a credit. 3-8-7 Actions for Past Due Amounts: No action to recover any amount of tax due under the provisions of this Chapter may be commenced more than one (1) year after the due date of that amount. 3-8-8 Books and Records: The person maintaining the place of business in the state of Illinois who collects the tax authorized by this Chapter from the purchaser is required to keep accurate books and records of its business or activity, including contemporaneous books and records denoting the transactions that gave rise, or may have given rise, to any tax liability under this Chapter. The books and records are subject to and available for inspection by the City at reasonable times during normal business hours. 3-8-9 Resales: 1. Electricity that is delivered to a person in the City shall be considered to be for use and consumption by that person unless the person receiving the electricity has an active resale number issued by the City Finance Director and furnishes that number to the person who delivers the electricity and certifies to that person that the sale is either entirely or partially nontaxable as a sale 197 An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapters 8, Imposing a New Electric Use Tax, Page 4 for resale. 2. If a person who receives electricity in the City claims to be an authorized reseller of electricity, that person shall apply to the City Finance Director for a resale number. The applicant shall state facts showing why it is not liable for the tax imposed by this section on any purchases of electricity and shall furnish such additional information as the City Finance Director may reasonably require. 3. Upon approval of the application, the City Finance Director shall assign a resale number to the applicant and shall certify the number to the applicant. 4. The City Finance Director may cancel the resale number of any person if the person fails to pay any tax payable under this Chapter for electricity used or consumed by the person, or if the number was either (1) obtained through misrepresentation, or (2) no longer necessary because the person has discontinued making resales. 5. If a reseller had acquired electricity partly for use or consumption and partly for resale, the reseller shall collect and remit the tax imposed by this Chapter directly to the City Finance Director, under the rules prescribed by this Chapter, on any amount that is used or consumed by the reseller and any amount delivered by the reseller for use and consumption and not as a sale for resale. 6.Any person who delivers electricity to a reseller having an active resale number and complying with all other conditions in this Chapter shall be excused from collecting and remitting the tax on any portion of the electricity delivered to the reseller, provided that the person reports the total amount of electricity delivered to the reseller, and such other information that the City Finance Director may reasonably require. 3-8-10 Exemption for Local Governments: The taxes described in this article shall not be applicable to any school districts, or any unit of local government or taxing body located in whole or in part within the corporate limits of the City. The City Finance Director is authorized to prepare and maintain a list of properties exempt from the taxes described in this Chapter so long as the property is in possession by any school district, or any unit of local government or taxing body located in whole or in part within the corporate limits of the City. 3-8-11 Administration and Implementation: The City Finance Director, or his or her designee, may prescribe reasonable rules, definitions and regulations to collect this fee. 3-8-12 Use: The proceeds of this tax shall be used exclusively to fund capital asset maintenance and replacement items included in the Community Investment Plan and as approved as part of the annual budget process by City Council. No operating costs are to be paid from these revenues. 3-8-13 Violations; Penalty: Any person found guilty of violating any provision of this Chapter may, in addition to any fee or penalty due, be assessed a fine up to seven hundred fifty dollars ($750.00). Each day a violation continues to exist shall be a separate offense. Citations for 198 An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapters 8, Imposing a New Electric Use Tax, Page 5 violations of this Chapter shall be adjudicated by the City’s administrative adjudication hearing officer, or at the choice of the City, by any court of competent jurisdiction. SECTION 3: Communication to Commonwealth Edison. Prior to the effective date of this Ordinance, the City Finance Director is hereby authorized and directed to send a certified copy of this Ordinance to Commonwealth Edison along with a list indicating the properties that will be exempt from the provisions of Section 10 of this Ordinance. SECTION 4: Severability. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. SECTION 5: Repeal of Prior Ordinances. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 6: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Ayes Nays Absent Abstain Alderman Devine Alderman Glab Alderman Harding Alderman Strach Alderwoman Miller Alderman Santi Alderman McClatchey APPROVED: Mayor Wayne Jett (SEAL) ATTEST: City Clerk Trisha Ramel Passed: Approved: Z:\M\McHenryCityof\Ordinances\Electric Utility Tax.CLEAN 2 17 22.docx 199 An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapters 8, Imposing a New Electric Use Tax, Page 6 C E R T I F I C A T I O N I, Trisha Ramel, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the day of , 2022, the foregoing Ordinance entitled An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapters 8, Imposing a New Electric Use Tax, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the day of 2022, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of 2022. Trisha Ramel, Clerk City of McHenry, McHenry County, Illinois (SEAL) 200 An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapter 9, Imposing a New Gas Use Tax, Page 1 ORDINANCE NO. ____________ An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapter 9, Imposing a New Gas Use Tax 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, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and WHEREAS, the City Council has determined that additional revenue is needed to fund the development of new capital assets; and WHEREAS, in furtherance of its home rule powers, it is necessary and desirable for the City of McHenry to amend its ordinances regarding taxation by creating a municipal gas use tax. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: The McHenry Municipal Code, Title 3, be and is hereby amended by adding a new Chapter 9 as follows: CHAPTER 9. Municipal Gas Use Tax 3-9-1 Short Title The tax imposed by this Chapter shall be known as the “Municipal Gas Use Tax” and is imposed in addition to all other taxes imposed by the City of McHenry, the State of Illinois, or any other municipal corporation or political subdivision thereof. 3-9-2 Definitions For the purpose of this Chapter, the following definitions shall apply: (a)“Person” means any individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, municipal corporation or political subdivision of this state, or a receiver, trustee, conservator or other representative appointed by order of any court. (b)“Public Utilities Act” means the Public Utilities Act as amended (220 ILCS 5/1- 101 et seq.). 201 An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapter 9, Imposing a New Gas Use Tax, Page 2 (c)“Public Utility” means a public utility as defined in Section 3-105 of the Public Utilities Act. (d)“Retail Purchaser” means any Person who purchases gas in a Sale at Retail. (e)“Sale at Retail” means any sale of gas by a retailer to a Person for use or consumption, and not for resale. For this purpose, the term “retailer” means any Person engaged in the business of distributing, supplying, furnishing or selling gas. 3-9-3 Tax (a)Except as otherwise provided by this Chapter, a tax is imposed on the privilege of using or consuming gas in the City that is purchased in a Sale at Retail at the rate of five cents ($0.05) per therm with respect to all bills issued on or after June 1, 2022. (b)The ultimate incidence of and liability for payment of the tax is on the Retail Purchaser, and nothing in this Chapter shall be construed to impose a tax on the occupation of distributing, supplying, furnishing, selling or transporting gas. (c)The Retail Purchaser shall pay the tax, measured by therms of gas delivered to the Retail Purchaser’s premises, to the Public Utility designated to collect the tax pursuant to Section 9.4 of this Chapter on or before the payment due date of the Public Utility’s bill first reflecting the tax, or directly to the [City Finance Director] on or before the fifteenth day of the second month following the month in which the gas is delivered to the Retail Purchaser if no Public Utility has been designated to collect the tax pursuant to Section 9.4 or if the gas is delivered by a person other than a Public Utility so designated. (d)Nothing in this Chapter shall be construed to impose a tax upon any person, business or activity which, under the constitutions of the United States or State of Illinois, may not be made the subject of taxation by the City. (e)A Person who purchases gas for resale and therefore does not pay the tax imposed by this Chapter with respect to the use or consumption of the gas, but who later uses or consumes part or all of the gas, shall pay the tax directly to the City Finance Director on or before the fifteenth day of the second month following the month in which the gas is used or consumed. (f)The tax shall apply to gas for which the delivery to the Retail Purchaser is billed by a Public Utility on or after June 1, 2022. (g)If it shall appear that an amount of tax has been paid which was not due under the provisions of this Chapter, whether as a result of mistake of fact or an error of law, then such amount shall be (i) credited against any tax due, or to become due, under this Chapter from the taxpayer who made the erroneous payment or (ii) subject to 202 An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapter 9, Imposing a New Gas Use Tax, Page 3 a refund if no such tax is due or to become due; provided that no amounts erroneously paid more than three (3) years prior to the filing of a claim therefore shall be so credited or refunded. (h)No action to recover any amount of tax due under the provisions of this Chapter shall be commenced more than three (3) years after the due date of such amount. (i)Reserved. 3-9-4 Collection of Tax by Public Utility. The City Administrator and City Finance Director are each authorized to enter into a contract for collection of the tax imposed by this Chapter with any Public Utility providing gas service in the City. The contract shall include and substantially conform with the following provisions: (1)the Public Utility will collect the tax from Retail Purchasers as an independent contractor; (2)the Public Utility will remit collected taxes to the City Finance Director no more often than once each month; (3)the Public Utility will be entitled to withhold from tax collections a service fee equal to 3% of the amounts collected and timely remitted to the City Finance Director; (4)the Public Utility shall not be responsible to the City for any tax not actually collected from a Retail Purchaser; and (5)such additional terms as the parties may agree upon. 3-9-5 Books and records. Every taxpayer shall keep accurate books and records, including original source documents and books of entry, denoting the activities or transactions that gave rise, or may have given rise to any tax liability or exemption under this Chapter. All such books and records shall, at all times during business hours, be subject to and available for inspection by the City. 3-9-6 Exemption for Local Governments: The taxes described in this article shall not be applicable to any school districts, or any unit of local government located in whole or in part within the corporate limits of the City. The City Finance Director is authorized to prepare and maintain a list of properties exempt from the taxes described in this Chapter so long as the property is in possession by any school district, or any unit of local government located in whole or in part within the corporate limits of the City. 203 An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapter 9, Imposing a New Gas Use Tax, Page 4 3-9-7 Use: The proceeds from this tax shall be used exclusively to fund the development of new capital assets as approved as part of the annual budget process by City Council. No operating costs are to be paid from these revenues. 3-9-8 Violations; Penalty: Any person found guilty of violating any provision of this Chapter may, in addition to any fee or penalty due, be assessed a fine up to seven hundred fifty dollars ($750.00). Each day a violation continues to exist shall be a separate offense. Citations for violations of this Chapter shall be adjudicated by the City’s administrative adjudication hearing officer, or at the choice of the City, by any court of competent jurisdiction. SECTION 2: Communication to Public Utility: Prior to the effective date of this Ordinance, the City Finance Director is hereby authorized and directed to send a certified copy of this Ordinance to any Public Utility providing gas service in the City along with a list indicating the properties that will be exempt from the provisions of Section 6 of this Ordinance. SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. 204 An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapter 9, Imposing a New Gas Use Tax, Page 5 SECTION 5: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Ayes Nays Absent Abstain Alderman Devine Alderman Glab Alderman Harding Alderman Strach Alderwoman Miller Alderman Santi Alderman McClatchey APPROVED: Mayor Wayne Jett (SEAL) ATTEST: City Clerk Trisha Ramel Passed: Approved: Z:\M\McHenryCityof\Ordinances\Gas Use Tax Ordinance.CLEAN 2 17 22.docx 205 An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapter 9, Imposing a New Gas Use Tax, Page 6 C E R T I F I C A T I O N I, Trisha Ramel, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the day of , 2022, the foregoing Ordinance entitled An Ordinance Amending the McHenry City Code to Create a New Title 3, Chapter 9, Imposing a New Gas Use Tax, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the day of 2022, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of 2022. Trisha Ramel, Clerk City of McHenry, McHenry County, Illinois (SEAL) 206 Ordinance No. An Ordinance Authorizing a Municipal Gas Tax Collection Agreement between the City of McHenry, Illinois and Northern Illinois Gas Company, d/b/a Nicor Gas Company WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the Mayor and the McHenry City Council desire to enter into an agreement with the Northern Illinois Gas Company to provide for the collection of a Municipal Gas Use Tax. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, as follows: SECTION 1: 1.The Municipal Gas Use Tax Collection Agreement, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. 2.The Mayor of the City of McHenry is hereby authorized to execute said agreement. SECTION 2: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 3: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 22nd day of February, 2022. 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 207 745899532 Municipal Gas Use Tax Collection Agreement between the City of McHenry, Illinois and Northern Illinois Gas Company, d/b/a Nicor Gas Company 208 CONTENTS Clause Page 745899532 ARTICLE 1. INCORPORATION OF RECITALS............................................................... 1 ARTICLE 2. DEFINITIONS................................................................................................. 2 ARTICLE 3. SERVICES OF THE CONTRACTOR............................................................ 3 3.1 Tax Collection General Provisions ........................................................................ 3 3.2 Tax Collection Services ......................................................................................... 3 A. Collection From Customers ................................................................................... 3 B. Review of Customer Accounts .............................................................................. 4 C. Responsibility for Providing Exempt Customer List ............................................. 5 D. Remittance ............................................................................................................. 6 E. Customer Payments; Collection of Tax by Municipality ...................................... 7 F. Records and Audits ................................................................................................ 7 G. Liability for Tax Refunds, Disputes....................................................................... 8 H. Amendments to Tax Ordinance ............................................................................. 8 3.3 Subcontracts and Assignments .............................................................................. 9 A. Assignment by Contractor ..................................................................................... 9 B. Effect of Municipality Consent............................................................................ 10 C. Assignment by the Municipality .......................................................................... 10 3.4 Confidentiality ..................................................................................................... 10 3.5 Compliance with Laws......................................................................................... 11 ARTICLE 4. Term ............................................................................................................... 11 4.1 Term of Agreement .............................................................................................. 11 A. Original Term....................................................................................................... 11 B. Extension.............................................................................................................. 11 ARTICLE 5. COMPENSATION ........................................................................................ 11 ARTICLE 6. DISPUTES ..................................................................................................... 12 ARTICLE 7. REPRESENTATIONS AND WARRANTIES.............................................. 12 7.1 Contractor’s Representations and Warranties...................................................... 12 7.2 Municipality’s Representations and Warranties .................................................. 12 ARTICLE 8. TERMINATION ............................................................................................ 12 8.1 Termination Right of Municipality ...................................................................... 12 8.2 Termination Right of Contractor ......................................................................... 13 ARTICLE 9. GENERAL CONDITIONS ........................................................................... 13 9.1 Entire Agreement ................................................................................................. 13 A. General ................................................................................................................. 13 B. No Collateral Agreements.................................................................................... 13 9.2 Counterparts ......................................................................................................... 14 9.3 Amendments ........................................................................................................ 14 209 CONTENTS Clause Page -ii- 745899532 9.4 Governing Law and Jurisdiction .......................................................................... 14 9.5 Severability .......................................................................................................... 14 9.6 Interpretation ........................................................................................................ 14 9.7 Assigns ................................................................................................................. 14 9.8 Invalid Tax or Exemption from Tax; Responsibility for Refunds and Collection ............................................................................................................. 14 9.9 Miscellaneous Provisions..................................................................................... 15 9.10 Nonliability of Public Officials............................................................................ 15 9.11 Nonliability of the Contractor’s Officers, Directors, Employees and Agents .................................................................................................................. 16 9.12 Consequential Damages; Fines; Etc..................................................................... 16 9.13 Limitation of Liability .......................................................................................... 16 9.14 Indemnification by Municipality Related to Imposition of Tax .......................... 16 9.15 Limitation Period on Actions ............................................................................... 17 9.16 Survival ................................................................................................................ 17 ARTICLE 10. NOTICES....................................................................................................... 17 ARTICLE 11. AUTHORITY ................................................................................................ 17 11.1 Municipality’s Authority ..................................................................................... 17 11.2 Contractor’s Authority ......................................................................................... 18 210 745899532 MUNICIPAL GAS USE TAX COLLECTION AGREEMENT This Municipal Gas Use Tax Collection Agreement (this “Agreement”) is entered into to be effective as of June 1, 2022, by and between Northern Illinois Gas Company, d/b/a Nicor Gas Company, an I llinois corporation (the “Contractor”), and the City of McHenry, Illinois (the “Municipality”), a municipal corporation and home rule unit of local government existing under the Illinois Constitution. RECITALS WHEREAS, on [_________ __, 20__], the Municipality adopted Ordinance No. [_____] (the “Tax O rdinance”) pursuant to which the Municipality found that: (a) the Municipality is a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; (b) subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and (c) in furtherance of its home rule powers, it is necessary and desirable for the Municipality to amend its ordinances regarding taxation by creating a municipal gas use tax; and WHEREAS, as a result of such findings, the Municipality adopted the Tax Ordinance imposing a Municipal Gas Use Tax (the “Tax”) on gas purchased at retail for use or consumption in the Municipality; and WHEREAS, the Municipality authorized the execution of an agreement with the Contractor to provide for the collection of the Tax; and WHEREAS, pursuant to Section 10 of Article VII of the Illinois Constitution of 1970, the Municipality is authorized to contract and otherwise associate with individuals, associations, and corporations in any manner not prohibited by law or by ordinance; and WHEREAS, the Municipality and the Contractor have negotiated the terms and conditions pursuant to which the Contractor shall collect the Tax and render other related services. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Municipality and the Contractor agree as follows: ARTICLE 1. INCORPORATION OF RECITALS The recitals set forth above are incorporated by reference as if fully set forth herein. 211 2 745899532 ARTICLE 2. DEFINITIONS The following terms shall have the meanings ascribed to them for the purposes of this Agreement: “Account” means an account that a Person has with the Contractor. “Agreement” means this Municipal Gas Use Tax Collection Agreement, including all exhibits attached hereto and incorporated herein by reference, and all amendments, modifications or revisions hereto made in accordance with the terms hereof. “Contractor” has the meaning set forth in the first paragraph of this Agreement. “Customer” means a Person on the Customer Account List who has a Customer Account. “Customer Account” means an Account that a Customer has with the Contractor. “Customer Account List” means a list of addresses of Customer Accounts from which the Contractor will collect the Tax. “Exempt Customer List” means a document issued by the Municipality listing the names, addresses, account numbers, facilities and meter locations of (i) the Municipality, (ii) Persons exempt by law from the payment of the Tax (other than by an ordinance of the Municipality), and (iii) Persons who are exempt from payment of the Tax pursuant to an ordinance of the Municipality. “Fee” means the compensation payable to the Contractor for the services provided under this Agreement as more specifically defined in Article 5 of this Agreement. “Municipality” has the meaning set forth in the first paragraph of this Agreement. “Person” means any individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, municipal corporation or political subdivision of this state, or a receiver, trustee, conservator or other representative appointed by order of any court. “Records” means those records and accounts with respect to the Tax on each Customer Account on the Customer Account List, which are kept by the Contractor in the ordinary course of its business. “State” means the State of Illinois. “Tax” has the meaning set forth in the Recitals to this Agreement “Tax Collection Services” means the services described in Article 3 of this Agreement. “Tax Ordinance” has the meaning set forth in the Recitals to this Agreement. 212 3 745899532 ARTICLE 3. SERVICES OF THE CONTRACTOR 3.1 Tax Collection General Provisions The Cont ractor shall perform the services (the “Tax Collection Services”) described in Section 3.2. The Contractor is acting as an independent contractor in performing under this Agreement and nothing herein is intended or should be construed as in any way creating or establishing the relationship of partners or joint venturers between the Municipality and the Contractor, or as constituting the Contractor or any officer, owner, employee or agent of the Contractor as an agent, representative, fiduciary or employee of the Municipality for any purpose or in any manner whatsoever. The relationship of the parties with respect to the subject matter of this Agreement, including without limitation the performance of the Tax Collection Services, is strictly contractual and neither party shall have any rights or obligations with respect to the Tax Collection Services other than as are expressly provided in this Agreement. Without limiting the generality of the foregoing, it is specifically understood and agreed that the rights and obligations of the Contractor with respect to the subject matter of this Agreement shall not be deemed to incorporate or be amended, modified or varied in any respect by (i) the provisions of any ordinance (including the Tax Ordinance), mandate or directive that the Municipality has adopted or may adopt in the future even if such ordinance, mandate or directive purports to amend, modify or vary any rights or obligations of the Contractor or to impose any performance standards, charges, damages, assessments, fines or penalties on the Contractor with respect to, or in connection with, the subject matter of this Agreement or (ii) the provisions of any existing or future license, franchise, grant or other agreement. 3.2 Tax Collection Services A. Collection From Customers The Contractor will bill the Tax to each Customer on the Customer Account List by including the Tax on the bills issued to the Customer for the Customer Account. The Tax w ill be billed at the rate of five cents ($0.05)per therm of gas delivered and billed by the Contractor to such Customer Account. The Contractor will collect the Tax remitted along with any other amounts owed to the Contractor, including any gas and service charges, and any charges pursuant to Sections 9-221 and 9-222 of the Public Ut ilities Act. The Contractor will include the Tax on any bill issued to a Customer on the Customer Account List on or after June 1, 2022. 213 4 745899532 B. Review of Customer Accounts 1. Municipality Cooperation with Respect to Customer Accounts During the Term, the Municipality shall cooperate with the Contractor with respect to the review of Customer Accounts subject to the Tax, including, but not limited to, reviewing Customer Account Lists as described herein. 2. Initial Customer Account List The Contractor shall provide the Municipality with the Contractor’s initial Customer Account List prior to, or shortly following, commencement of the Tax Collection Services. The Municipality shall promptly review the Customer Account List provided by the Contractor and inform the Contractor in writing of changes to (including additions to, deletions from or other changes to) the Customer Account List within thirty (30) days of receipt of such Customer Account List. If the Municipality informs the Contractor of changes to the Customer Account List and provides supporting information for such changes, the Contractor shall use reasonable efforts to implement any such changes, unless it disputes any such changes from the Municipality, in which case it shall notify the Municipality of the same and the Contractor and the Municipality shall use their best efforts to promptly resolve the same. 3. Changes to Customer Account List The Municipality acknowledges that, during the Term, the Contractor will add Customer Accounts to, delete Customer Accounts from and make other changes to the Customer Account List as the Contractor is informed of changes related to Customer Accounts. In addition, if the Municipality informs the Contractor in writing of suggested changes to the Customer Account List and provides supporting information for such changes, the Contractor shall use its reasonable efforts to implement any such changes, unless it disputes any such changes from the Municipality, in which case it shall notify the Municipality of the same and the Contractor and the Municipality shall use their best efforts to promptly resolve the same. As a means of assisting the Municipality to confirm the accuracy of the Customer Account List on an ongoing basis during the Term, the Contractor may periodically provide to the Municipality a current Customer Account List. The Municipality shall promptly review such Customer Account List and inform the Contractor in writing of changes to (including additions to, deletions from or other changes to) the Customer Account List within thirty (30) days of receipt of such Customer Account List. If the Municipality informs the Contractor in writing of changes to the Customer Account List and provides supporting information for such changes, the Contractor shall use reasonable efforts to implement any such changes, unless it disputes any such changes suggested by the Municipality, in which case it shall notify the Municipality of the same and the Contractor and the Municipality shall use their best efforts to promptly resolve the same. If the Municipality fails to so inform the Contractor in writing of changes to the Customer Account List, the Contractor shall be entitled to assume that the Municipality does not propose any changes to the current Customer Account List. 214 5 745899532 4. Accuracy of Customer Account List The Customer Account Lists shall be compiled by the Contractor from information contained in the Contractor’s customer records as such records exist from time to time based on information received by the Contractor from the Municipality in accordance with this Section 3.2B and from other sources of information normally used by the Contractor in the ordinary course of its utility business. The Customer Account Lists are intended to contain the accurate addresses of all Customers who use or consume gas within the Municipality. However, the Municipality specifically acknowledges that the Customer Account Lists compiled by the Contractor in the ordinary course of its business may include mistakes, errors and omissions and that, as a consequence, the Customer Account Lists may fail to include some Persons who use or consume gas within the Municipality or they may include some Persons who do not use or consume gas within the Municipality. The Contractor makes no representation or warranty that the Customer Account Lists will be free from mistakes, errors and omissions. The Contractor shall have no responsibility or liability to the Municipality for any such mistakes, errors or omissions in any Customer Account Lists including, without limitation, any responsibility or liability related to the collection of the Tax from Accounts on the Customer Account Lists or related to the failure to collect the Tax from Accounts not on the Customer Account Lists. C. Responsibility for Providing Exempt Customer List 1. Initial Exempt Customer List It shall be the obligation of the Municipality to provide the Contractor in writing with the Exempt Customer List before the commencement of the Tax Collection Services. In the event the Municipality does not provide the Contractor with an initial Exempt Customer List before the commencement of the Tax Collection Services, the Contractor thereafter may, but shall not be obligated to, compile an initial Exempt Customer List based upon its judgment, made in good faith, of Persons who would qualify as exempt from the Tax and, if the Contractor elects to compile an initial Exempt Customer List, the Contractor shall promptly provide the Municipality in writing with such Exempt Customer List. Upon receipt of the Exempt Customer List by the Contractor, the Contractor shall not include the Tax on any bill issued to a Person on the Exempt Customer List from and after the first day of the second month following the date of receipt of the Exempt Customer List, unless the Contractor disputes the inclusion of any Person on the Exempt Customer List, in which case it shall notify the Municipality of the same and the Contractor and the Municipality shall use their best efforts to promptly resolve the same. In the event the Municipality does not timely provide the Contractor with an initial Exempt Customer List and the Contractor elects to compile an Exempt Customer List, the Contractor may exclude the Tax on any bill issued to a Person on the Exempt Customer List from and after the date the Contractor compiles such Exempt Customer List. The Municipality shall be responsible for updating the Exempt Customer List and shall promptly notify the Contractor of any such updates as they occur. 2. Addition of Persons to Exempt Customer List Upon receipt by the Contractor of any written update to the Exempt Customer List from the Municipality adding Persons to the Exempt Customer List, the Contractor shall not include 215 6 745899532 the Tax on any bill issued to a Person added to the Exempt Customer List from and after the first day of the second month following the date of receipt of the updated Exempt Customer List, unless the Contractor disputes the addition of any such Person to the Exempt Customer List, in which case it shall notify the Municipality of the same and the Contractor and the Municipality shall use their best efforts to promptly resolve the same. 3. Removal of Persons from Exempt Customer List Upon receipt by the Contractor of any written update to the Exempt Customer List from the Municipality removing Persons from the Exempt Customer List, the Contractor shall include the Tax on any bill issued to a Person removed from the Exempt Customer List from and after the first day of the second month following the date of receipt of the updated Exempt Customer List, unless the Contractor disputes the removal of any such Person from the Exempt Customer List, in which case it shall notify the Municipality of the same and the Contractor and the Municipality shall use their best efforts to promptly resolve the same. 4. Accuracy of Exempt Customer List The Contractor makes no representation or warranty that the Exempt Customer Lists will be free from mistakes, errors and omissions including, without limitation, mistakes, errors or omissions by the Contractor in (i) compiling an initial Exempt Customer List in the event the Municipality fails to timely provide the Contractor with an initial Exempt Customer List or (ii) incorporating information received from the Municipality in the preparation or update of the Exempt Customer Lists. The Contractor shall have no responsibility or liability to the Municipality for any such mistakes, errors or omissions in any Exempt Customer Lists including, without limitation, any responsibility or liability related to the failure to collect the Tax from Accounts on the Exempt Customer Lists or related to the collection of the Tax from Accounts not on the Exempt Customer Lists. D. Remittance The Contractor will remit the Tax collected, net of its Fee, to the Municipality on or before the last day of the first calendar month following the calendar month in which the Tax is collected. The Contractor may remit payment for a calendar month on the basis of estimates made by the Contractor in good faith of the Tax to be billed and collected, and the Fee due, for that calendar month and, in such case, the Contractor will adjust as soon as reasonably practicable subsequent monthly remittances to account for differences between the Contractor’s initial estimate of Tax collections, and Fee due, for such calendar month and Contractor’s actual Tax collections and the actual Fee due for such calendar month. The Contractor may from time to time change its methodology for estimating in good faith the Taxes to be billed and collected, and the Fee due, for a calendar month. The Contractor ultimately shall only be responsible for remitting to the Municipality the actual amount of Tax collected by the Contractor, net of the Fee applicable thereto, and shall have no obligation to pursue collection efforts on behalf of the Municipality to collect any Tax billed by the Contractor that is not paid. If the Contractor’s remittances for a calendar month are based on estimates and the amounts of such estimates are less than the actual Tax ultimately collected for such calendar month, the Contractor shall be responsible for remitting to the Municipality (if not otherwise accomplished through the 216 7 745899532 adjustment procedure above) the amount, without interest, by which the Tax actually collected for such month, net of the Fee applicable thereto, exceeded the Contractor’s previous remittances for such month. If the Contractor’s remittances for a calendar month are based on estimates and the amounts of such estimates are more than the actual Tax ultimately collected for such calendar month, the Municipality shall be responsible for remitting to the Contractor (if not otherwise accomplished through the adjustment procedure above) the amount, without interest, by which the Tax actually collected for such month, net of the Fee applicable thereto, is less than the Contractor’s previous remittances for such month. E. Customer Payments; Collection of Tax by Municipality The Tax shall be due and payable by a Customer to the Contractor by the due date of the bill on which the Tax is included. The Municipality shall not assess or attempt to collect any Tax from a Customer, provided, however, that the Municipality may attempt to collect the Tax from Accounts subject to dispute between the Municipality and the Contractor pursuant to Section 3.2B., but only during such period as a dispute exists between the Municipality and the Contractor related to such Accounts and, provided, further, that the Municipality shall assume all liability related to the collection of the Tax from such Accounts and the Contractor shall have no responsibility or liability related to the collection of the Tax from such Accounts or related to the failure to collect the Tax from such Accounts. In the event that a Customer attempts to pay the Tax to the Municipality, the Municipality shall use its best efforts to direct the Customer to pay the Tax to the Contractor. F. Records and Audits 1. Records The Contractor shall use good faith efforts to retain for a three-year period from the date any billing of the Tax Records sufficient to reflect properly such Tax due, billed, collected and/or remitted to the Municipality, and the amount of any Fees deducted by the Contractor as payment for the Tax Collection Services. Any Records transmitted, disclosed or otherwise made available to the Municipality pursuant to this Agreement shall not include identifying information pertaining to the Customer. 2. Audits The Contractor shall keep the Records open to reasonable audit, inspection, copying and abstracting by the Municipality at the Contractor’s office at reasonable times during business hours that are agreed to by the Contractor, at the Municipality’s expense (which shall include reimbursement of all costs of the Contractor related to any such audit, inspection, copying or abstracting, including labor and overhead charges for employees and agents of the Contractor responding to audit requests) and subject to the Contractor’s customer confidentiality policies. Audit requests shall be provided to the Contractor in writing and shall be limited in scope to Records relating to billing and collection of Tax from Customers for the three-year period preceding the date of the audit request. The Contractor shall determine, in its discretion, the manner and format in which such Records are provided to the Municipality. Each employee or 217 8 745899532 agent of the Municipality participating in the audit shall agree in writing to comply with the confidentiality obligations of the Municipality as specified in Section 3.4 of this Agreement. If, after conducting an audit, the Municipality believes that the Tax should have been collected from certain Accounts or that the Tax should not have been collected from certain Accounts, the Municipality shall notify the Contractor in writing and provide supporting information as appropriate. The Contractor shall use reasonable efforts to commence or discontinue collection of the Tax from such Accounts, as applicable, on a prospective basis, unless it disputes the Municipality’s position with respect to any such Account, in which case it shall notify the Municipality of the same and the Contractor and the Municipality shall use their best efforts to promptly resolve the same. The Municipality shall be solely responsible for collecting the Tax from or refunding the Tax to such Accounts, as applicable, for periods prior to the date that the Contractor commences or discontinues collection of the Tax from such Accounts. Upon the request of the Municipality, the Contractor may provide reasonable assistance to the Municipality in the Municipality’s collection or refunding of the Tax. G. Liability for Tax Ref unds, Disputes Liability for the Tax shall rest exclusively with the Customer. The Contractor shall not be liable to remit any Tax not actually collected. To the extent a subcontractor or assignee that collects the Tax pursuant to this Agreement is required to transfer the amount of the Tax collected to the Contractor for remittance to the Municipality, the Contractor is responsible for remitting to the Municipality only that portion of the Tax actually received by the Contractor from the subcontractor or assignee. Any Customer’s claim for a refund or other dispute regarding the amount of Tax owed or collected shall be directed to and handled by the Municipality, not the Contractor. In no case shall the Contractor be liable to refund any Tax to a Customer or other amount collected and remitted to the Municipality pursuant to this Agreement. The foregoing shall not limit the Contractor’s ability to refund the Tax i n such cases where the Contractor reasonably determines that a refund is appropriate and, in any such case, the Contractor shall be entitled to reimbursement from the Municipality for such refund to the extent the amount of the refunded Tax previously had been remitted by the Contractor to the Municipality. H. Amendments to Tax Ordinance In the event that the Tax Ordinance is amended, the Municipality shall provide notice to the Contractor within 14 days of the date that any amended ordinance is passed. If the amended ordinance changes the rate of the Tax, then the Contractor shall collect the Tax at the new rate with respect to bills issued for a Customer Account on or after: (i) the effective date of the new rate of the Tax pursuant to the amended ordinance, which shall be the first day of a calendar month; or (ii) the first day of the calendar month following that date which is three months after the date on which the amended ordinance is passed, whichever is later. If the Tax Ordinance is amended without the prior written concurrence of the Contractor in any manner other than to change the rate of the Tax, the Contractor may at any time from and after the date such amended ordinance is passed terminate this Agreement upon thirty (30) days’ written notice to the Municipality. 218 9 745899532 3.3 Subcontracts and Assignments A. Assignment by Contractor 1. Merger or Asset Sale The Contractor may, without the consent of the Municipality, transfer its rights and obligations under this Agreement, in whole, but not in part, in connection with a merger or a sale, transfer or conveyance of all or substantially all of the Contractor’s assets. 2. Collection Agencies The Contractor may, without the consent of the Municipality, subcontract, assign or delegate all or any portion of the Tax Collection Services to one or more collection agencies or law firms in the ordinary course of the Contractor’s business and consistent with the requirements of this Agreement. Furthermore, the Contractor may, without the consent of the Municipality, permit any of its authorized agents listed on the Contractor’s published “Directory of Company Authorized Collection Agents and Company Offices”, for example, a bank or a savings and loan, to accept payments from Customers on behalf of the Contractor. 3. Gas Supplier Agreements The Contractor may enter into an agreement with a gas supplier to provide billing services to the Contractor. In the event the Contractor enters into such an agreement with a gas supplier, the Contractor may, at the Contractor’s sole discretion, (a) continue to collect the Tax with respect to Customers purchasing gas from the gas supplier, (b) subcontract, assign or delegate, without the consent of the Municipality, all or any portion of the Tax Collection Services to the gas supplier with respect to Customers purchasing gas from the gas supplier, or (c) provide notice to the Municipality that those Customers purchasing gas from the gas supplier will not be considered Customers for purposes of this Agreement and will be removed from the Customer Account List on the first day of the month following such notice, in which case the Municipality may enter into a separate agreement with the gas supplier to collect the Tax from such Customers. 4. Other Assignments Except as otherwise permitted pursuant to this Section 3.3A., the Contractor shall not subcontract, assign, delegate or otherwise transfer all or any part of its rights or obligations under this Agreement without the express written consent of the Municipality, such consent not to be unreasonably withheld. Any attempted subcontract, assignment, delegation or transfer made without such express written consent shall be void and of no effect. 5. Conditions of Assignment All subcontracts or assignments permitted pursuant to this Section 3.3A. (with the exception of transfers permitted pursuant to Section 3.3A.1. and Section 3.3A.3 and subcontracts or assignments where the Municipality approves otherwise pursuant to section 3.3A.4.) shall be deemed conditioned upon performance by the subcontractor or assignee in accordance with the 219 10 745899532 terms and conditions of this Agreement. If any such subcontractor or assignee approved by the Municipality pursuant to Section 3.3A.4. shall fail to observe or perform the terms and conditions of this Agreement, the Municipality shall have the right upon written notification to require the performance of this Agreement by the Contractor personally or through any other Municipality-approved subcontractor or assignee. B. Effect of Municipality Consent No subcontract or assignment with respect to this Agreement (with the exception of transfers permitted pursuant to Section 3.3A.1. and subcontracts or assignments where the Municipality approves otherwise pursuant to Section 3.3A.4.), nor any acceptance of or payment for any Tax Collection Services by the Municipality, shall relieve the Contractor of any of its obligations hereunder. C. Assignment by the Municipality Without the express written consent of the Contractor, such consent not to be unreasonably withheld, the Municipality shall not subcontract, assign, delegate or otherwise transfer all or any part of its rights or obligations under this Agreement. Any attempted subcontract, assignment, delegation or transfer made without such express written consent shall be void and of no effect. Notwithstanding the foregoing, the Municipality may, without the consent of the Contractor, (i) assign or otherwise transfer, in whole or in part, its rights to receive the Tax collected hereunder in connection with any debt financing transaction, and (ii) subcontract, assign or delegate all or any part of its rights of assessment and enforcement with respect to the Tax. 3.4 Confidentiality The Contractor and the Municipality hereby agree not to disclose to third parties any information provided to either the Contractor or the Municipality by the other (or by such other party’s agents, contractors, or subcontractors), or obtained by either party in the performance of its obligations under this Agreement. This Section 3.4 shall not apply to the following: (a) information available from public sources, (b) information made public by a party other than the Municipality or the Contractor, (c) disclosure by the Contractor to affiliates of the Contractor, or to the Contractor’s agents or subcontractors which is necessary for the Contractor to perform its obligations under this Agreement, (d) disclosure required, in the opinion of the disclosing party’s legal counsel, by law, judicial or administrative order or where such disclosure is necessary to comply with Federal or state securities laws, (e) disclosure required by any lender providing financing to the Contractor or the Municipality or from whom such financing is sought, (f) disclosure to a Customer regarding his Tax liability or payment, (g) general instructions and/or general information regarding the Tax provided to the public and/or to Customers, (h) disclosure to the Illinois Commerce Commission, and (i) disclosure required under the Illinois Freedom of Information Act. Furthermore, the Municipality acknowledges that t he Contractor’s obligations pursuant to this Agreement, including its obligations to provide information or access to information, 220 11 745899532 particularly Records, to the Municipality, are subject to the Contractor’s customer confidentiality policies. The Municipality further acknowledges that such customer confidentiality policies may limit the Municipality’s access to such information. The Municipality also acknowledges that any Records transmitted, disclosed or otherwise made available to the Municipality pursuant to this Agreement shall not include identifying information pertaining to the Customer. 3.5 Compliance with Laws The Contractor and the Municipality shall at all times observe and comply, in all material respects, with all applicable laws, ordinances, rules, regulations, policies and executive orders of the federal, state and local government which may affect the performance of this Agreement. ARTICLE 4. TERM 4.1 Term of Agreement A. Original Term This Agreement shall take effect as of the date hereof and shall continue until June 1, 2023 (subject to paragraph B below) or until this Agreement is terminated in accordance with its terms, whichever occurs first. The Contractor’s duty to perform the Tax Collection Services shall begin with bills issued to Customers on June 1, 2022 and shall cease (unless otherwise extended hereunder) with respect to bills issued on or after June 1, 2023. B. Extension This Agreement shall automatically extend for successive one-year periods after the original one-year term unless either party elects to terminate this Agreement by written notice delivered to the other party no later than thirty (30) days prior to the end of the then current term or this Agreement is otherwise terminated in accordance with its terms. ARTICLE 5. COMPENSATION As compensation for the Tax Collection Services provided hereunder, the Contractor shall be paid a fee (the “Fee”) equal to 3% of the amount of Tax collected by the Contractor, its subcontractors or its authorized agents and remitted in accordance with Section 3.2D. The Contractor shall be entitled to deduct the applicable Fee from each remittance of Tax to the Municipality. Payment of the Fee for any Tax actually collected and remitted to the Municipality in accordance with Section 3.2D., whether before or after the effective date of the termination of this Agreement, shall be in accordance with this Article 5. 221 12 745899532 ARTICLE 6. DISPUTES The Municipality and the Contractor shall use their best efforts to resolve any disputes arising under this Agreement including disputes as to whether the Contractor failed to remit or timely remit any Tax collected. During any period of dispute resolution, the Contractor shall continue to perform the Tax Collection Services and will be entitled to collect its Fee under Article 5. ARTICLE 7. REPRESENTATIONS AND WARRANTIES 7.1 Contractor’s Representations and Warranties In connection with the execution of this Agreement, the Contractor hereby represents and warrants to the Municipality that the Contractor is legally authorized to execute this Agreement and to perform or cause to be performed the Tax Collection Services. 7.2 Municipality’s Representations and Warranties In connection with the execution of this Agreement, the Municipality hereby represents and warrants to the Contractor that the Municipality: (A) is a municipality duly constituted and validly existing within the meaning of Section 1 of Article VII of the 1970 Constitution of the State and is a home rule unit of government under Section 6(a) of Article VII of said Constitution; (B) has full power and authority as a home rule unit of government to impose the Tax and to execute this Agreement; and (C) has duly authorized all necessary action to be taken by it for the imposition of the Tax and the execution and performance of this Agreement. ARTICLE 8. TERMINATION 8.1 Termination Right of Municipality The Municipality shall have the absolute right to terminate this Agreement by a notice in writing from the Municipality to the Contractor setting forth the effective date of such termination: (A) if the Tax is preempted, repealed, or determined by a court of competent jurisdiction to be unconstitutional or otherwise invalid; or (B) upon thirty (30) days’ written notice to the Contractor. 222 13 745899532 If the Municipality elects to terminate this Agreement under this Section 8.1., all Tax Collection Services to be provided hereunder shall cease with respect to bills issued on and after the effective date stated in the notice, which date shall be the first day of a calendar month. 8.2 Termination Right of Contractor The Contractor shall have the absolute right to terminate this Agreement by a notice in writing from the Contractor setting forth the effective date of such termination: (A) if the Illinois Commerce Commission issues an order prohibiting the Contractor from performing all or part of the Tax Collection Services; (B) if the Tax is preempted, repealed, or determined by a court of competent jurisdiction to be unconstitutional or otherwise invalid; or (C) upon thirty (30) days’ written notice to the Municipality. If the Contractor elects to terminate this Agreement under this Section 8.2., all Tax Collection Services to be provided hereunder shall cease with respect to bills issued on and after the effective date stated in the notice, which date shall be the first day of a calendar month. ARTICLE 9. GENERAL CONDITIONS 9.1 Entire Agreement A. General The Contractor and the Municipality acknowledge that this Agreement shall constitute the entire agreement between the parties and no other warranties, inducements, considerations, promises or interpretations shall be implied or impressed upon this Agreement that are not expressly addressed herein and therein. B. No Collateral Agreements The Contractor and the Municipality agree that, except for those representations, statements or promises expressly contained in this Agreement, no representation, statement or promise, oral or in writing, of any kind whatsoever, by either party, its officials, its agents or its employees has induced the other party to enter into this Agreement or has been relied upon by either party including any with reference to (i) the meaning, correctness, suitability or completeness of any provisions or requirements of this Agreement; (ii) the nature of the Tax Collection Services to be performed; (iii) the nature, quantity, quality or volume of any materials, labor or other facilities needed for the performance of this Agreement; (iv) the general conditions which may in any way affect this Agreement or its performance; (v) the compensation provisions of this Agreement; or (vi) any other matters, whether similar to or different from those referred to in clauses (i) through (v) above, affecting or having any connection with this Agreement or the negotiation or performance hereof. 223 14 745899532 9.2 Counterparts This Agreement is comprised of several identical counterparts, each to be fully executed by the parties and each to be deemed an original having identical legal effect. 9.3 Amendments No changes, amendments, modifications or discharge of this Agreement, or any part hereof, shall be valid unless in writing and signed by the authorized agent of the Contractor and by the Municipality or their respective successors and assigns. 9.4 Governing Law and Jurisdiction This Agreement shall be governed as to performance and interpretation in accordance with the laws of the State of Illinois without regard to principles of conflicts of law. 9.5 Severability The invalidity of any one or more phrases, sentences, clauses or sections contained in this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement. 9.6 Interpretation Any headings of this Agreement are for convenience or reference only and do not define or limit the provisions hereof. Words of any gender shall be deemed and construed to include correlative words of the other genders. Words importing the singular number shall include the plural number and vice versa unless the context shall otherwise indicate. All references to any exhibit or document shall be deemed to include all supplements and/or amendments to any such exhibits or documents entered into in accordance with the terms and conditions hereof and thereof. All references to any person or entity shall be deemed to include any person or entity succeeding to the rights, duties and obligations of such persons or entities in accordance with the terms and conditions of this Agreement. 9.7 Assigns All of the terms and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, transferees and assigns. 9.8 Invalid Tax or Exemption from Tax; Responsibility for Refunds and Collection In the event that it is determined by a court or administrative agency of competent jurisdiction that the Tax does not apply to the use of gas by a Customer from whom the Tax was collected and remitted to the Municipality in accordance with this Agreement, it shall be the Municipality’s responsibility to make any necessary refunds; the Contractor shall not be responsible for any refunds to the Customer, nor shall the Contractor be required to refund to the Municipality any Fee retained by the Contractor with respect to the Tax collected from that 224 15 745899532 Customer. If, notwithstanding the foregoing, the Contractor is ordered by a court or administrative agency of competent jurisdiction to make any necessary refunds, the Municipality shall reimburse the Contractor for any such refunds made by the Contractor. In the event that any aspect of the Tax is found to be invalid or unconstitutional by a court of competent jurisdiction, it shall be the Municipality’s respons ibility to make any necessary refunds; the Contractor shall not be responsible for any refunds of the Tax to Customers, nor shall the Contractor be required to refund to the Municipality any Fee retained by the Contractor with respect to Tax collected. If, notwithstanding the foregoing, the Contractor is ordered by a court or administrative agency of competent jurisdiction to make any necessary refunds, the Municipality shall reimburse the Contractor for any such refunds made by the Contractor. In the event that any exemption from the Tax is found to be invalid or unconstitutional by a court of competent jurisdiction, it shall be the Municipality’s responsibility to collect any amounts of the Tax then due; the Contractor shall not be responsible to collect any such amounts. If, notwithstanding the foregoing, the Contractor is ordered by a court or administrative agency of competent jurisdiction to collect any amounts of the Tax then due, the Municipality shall reimburse the Contractor for any costs of the Contractor related to the collection of such Tax. 9.9 Miscellaneous Provisions Whenever under this Agreement the Municipality by a proper authority waives the Contractor’s performance in any respect or waives a requirement or condition to either the Municipality’s or the Contractor’s performance, the waiver so granted, whether express or implied, shall only apply to the particular instance and shall not be deemed a waiver forever or for subsequent instances of the performance, requirement or condition. No such waiver shall be construed as a modification of this Agreement regardless of the number of times the Municipality may have waived the performance, requirement or condition. Whenever under this Agreement the Contractor by a proper authority waives the Municipality’s performance in any respect or waives a requirement or condition to either the Municipality’s or the Contractor’s performance, the waiver so granted, whether express or implied, shall only apply to the particular instance and shall not be deemed a waiver forever or for subsequent instances of the performance, requirement or condition. No such waiver shall be construed as a modification of this Agreement regardless of the number of times the Contractor may have waived the performance, requirement or condition. 9.10 Nonliability of Public Officials No official or employee of the Municipality shall be charged personally by the Contractor or by any assignee or subcontractor of the Contractor with any liability or expenses of defense or be held personally liable to them under any term or provision of this Agreement or because of the Municipality’s execution or attempted execution thereof or because of any breach hereof. 225 16 745899532 9.11 Nonliability of the Contractor’s Officers, Directors, Employees and Agents No officer, director, employee or agent of the Contractor shall be charged personally by the Municipality or by any assignee or subcontractor of the Municipality with any liability or expenses of defense or be held personally liable to them under any term or provision of this Agreement or because of the Contractor’s execution or attempted execution thereof or because of any breach hereof. 9.12 Consequential Damages; Fines; Etc. Notwithstanding any other provision in this Agreement, neither the Municipality nor the Contractor, or their respective officers, directors, employees, representatives or agents shall be liable to the other for consequential losses or damages, including punitive or exemplary damages, arising out of or incurred in connection with the Tax Collection Services. The Municipality and the Contractor each hereby release each other and their subcontractors, officers, directors, employees, representatives and agents from any such liability. The Contractor shall not be liable to the Municipality for any fine, assessment, penalty, forfeiture, fee, interest payment or other charge in connection with the Tax Collection Services or this Agreement notwithstanding any present or future ordinance, mandate or directive adopted by the Municipality that may purport to authorize the Municipality to assess any such fine, assessment, penalty, forfeiture, fee, interest payment or other charge to the Contractor in connection with the Tax Collection Services or this Agreement. The Municipality shall not seek to impose any lien or encumbrance upon any property of the Contractor, or seek to revoke, modify or refuse to renew or grant any license, right or franchise of the Contractor as a means, directly or indirectly, to seek to compel compliance by the Contractor with this Agreement or in connection with any dispute relating to the performance of the Tax Collection Services or any obligations of the Contractor relating thereto. 9.13 Limitation of Liability To the fullest extent permitted by law, the cumulative maximum liability of the Contractor to the Municipality with respect to claims and costs arising out of the performance or nonperformance of the Tax Collection Services shall not exceed the amount of the Contractor’s Fee paid to the Contractor during the period that is one year prior to the date on which the Municipality commences an action against the Contractor. 9.14 Indemnification by Municipality Related to Imposition of Tax The Municipality agrees to indemnify, defend and hold harmless the Contractor, including its officers, agents and employees, against any liability, loss, costs and expenses, including all costs of litigation and all reasonable attorneys’ fees, that the Contractor, including its officers, agents and employees, incur, sustain or are subject to that results from or arises out of any claim, cause of action or litigation wherein another party asserts that any aspect of the Tax (including any exemption from the Tax) is unconstitutional under the United States or Illinois constitutions or otherwise invalid. 226 17 745899532 9.15 Limitation Period on Actions No action, regardless of form, arising out of this Agreement, or alleging any breach of this Agreement, may be brought by either the Contractor or the Municipality against the other party more than three years after such an action accrued. 9.16 Survival All provisions that by their inherent character should survive termination of this Agreement, shall survive the termination of this Agreement. ARTICLE 10. NOTICES Notices provided for herein, unless expressly provided for otherwise in this Agreement, shall be in writing and may be delivered personally or by placing in the United States mail, first class and certified, return receipt requested, with postage prepaid and addressed as follows: If to the Municipality: Finance Director City of McHenry 333 S. Green Street McHenry , Illinois 60050 If to the Contractor: Nicor Gas Company 1844 Ferry Road Naperville, Illinois 60563-9600 Attention: Billing Manager With a Copy to: Nicor Gas Company 1844 Ferry Road Naperville, Illinois 60563-9600 Attention: Community Relations Manager Changes in the above-referenced addresses must be in writing and delivered in accordance with the provisions of this Article 10. Notices delivered by mail shall be deemed received three days after mailing in accordance with this Article 10. Notices delivered personally shall be deemed effective upon receipt. ARTICLE 11. AUTHORITY 11.1 Municipality’s Authority This Agreement is entered into by virtue of the home rule authority conferred on the Municipality under Section 6(a), Article VII of the 1970 Constitution of the State. 227 18 745899532 11.2 Contractor’s Authority Execution of this Agreement by the Contractor is authorized by bylaws or a resolution of its Board of Directors, and the signature of each person signing on behalf of the Contractor have been made with complete and full authority to commit the Contractor to all terms and conditions of this Agreement. 228 19 745899532 Rev. February 2016 IN WI TNESS WHEREOF, the Municipality and the Contractor have executed this Agreement to be effective as of the date first set forth above. CITY OF MCHENRY By: _______________________________________ Its: _______________________________________ Date: _____________________________________ NORTHERN ILLINOIS GAS COMPANY, d/b/a/ NICOR GAS COMPANY By: _______________________________________ Its: _______________________________________ Date: _____________________________________ 229 STAFF REPORT FOR FEBRUARY 22, 2022 The purpose of this report is to provide the City Council and public with the most up-to-date information regarding the latest projects and happenings within the municipal government of the City of McHenry. This report is organized by operating department and will be updated and transmitted as part of each City Council Agenda Packet. Council is welcome to contact any Department Director for more information on any item included in this report, as well as topics from previous reports or items not included in the report. This report does not include projects or other information that is considered confidential in nature. ADMINISTRATION, FINANCE, HUMAN RESOURCES Contact: Derik Morefield, City Administrator – 815/363-2108 FY22/23 Budget Development Process The city administration is well into the FY22/23 Budget process. McHenry’s total annual budget, including all funds, is more than $50 million. Budget development, from start to final adoption by Council, is an approximate 6 month process that begins in November of each year with a review of capital asset maintenance and replacement needs, as well as the identification of any new capital asset needs that may be required. The FY22/23 Budget operating funds will be reviewed for input from Council at the March 21st City Council Meeting, to be followed with a review of all other (non-operating) funds on April 4th with final budget adoption on April 18th. Tax Increment Finance District Extension The City’s Tax Increment Finance District was established in 2002 and is set to expire in 2025. Unfortunately, the economic recession of 2007/2008 resulted in decreased property values within the TIF which resulted in few projects being able to be completed within the district. In 2020 the City Council concurred with seeking an extension of the TIF District and, after enlisting the support from other local taxing bodies, the City has requested a one time, 12 year extension (the only option for TIF extension) of the TIF through 2035 from the state legislature. Passage of the extension will allow the City to continue to undertake downtown improvements and to work with private developers to redevelop vacant and/or underutilized properties in the downtown. ECONOMIC DEVELOPMENT Contact: Doug Martin, Director of Economic Development – 815/363-2110 Downtown Streetscape Plan It has been more than 20 years since the City undertook a comprehensive analysis of the McHenry Downtown Business District in order to develop a downtown streetscape master planning document that could be used for continuing and future streetscape improvements. In 230 February of 2021 the City contracted with Christopher Burke Engineering to develop a plan for the areas of Riverside Drive, Green Street and Main Street. After a number of public and staff level meetings the plan is now substantially completed and Christopher Burke Engineering will be presenting this plan for adoption at the March 7th City Council Meeting. POLICE Contact: John Birk, Chief of Police – 815/363-2200 Personnel Update The following personnel have recently completed the respective years of service with the McHenry Police Department: •Officer Robert Klasek – 12 years •Administrative Community Service Officer Stephanie Erb – 12 years •Telecommunicator Maureen Doolan – 4 years •Telecommunicator Tyler Hubbard – 2 years Training Detective Matthew Voelker completed training on Chapter 205 Act 405 Juvenile Court Act which was hosted by the Lombard Police Department. Officer Jason Ducak and Officer Richard Rewiako attended a PPCT Defensive Tactics Instructor Update course hosted by the Hoffman Estates Police Department. Officer Jason Ducak completed an Oleoresin Capsicum (O.C.) Instructor course hosted by the St. Charles Police Department 231