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HomeMy WebLinkAboutPacket - 8/15/2022 - 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 Monday, August 15, 2022, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 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.Water Well #14 Engineering Services (Public Works Director Strange) Task order in the amount of $58,900.00 to Robinson Engineering, Ltd. For Development Engineering Services/Professional Services for Water Well #14. B.Green Street Surface Transportation Project (Public Works Director Strange) Project Construction Engineering Services Agreement for Federal Participation with HR Green, Inc. in the amount of $125,984.00; Local Agency Agreement for Federal Participation; Resolution Approving the Local Match for Street Improvements through the McHenry County Council of Mayors Surface Transportation Program ; and, authorization for Mayor to execute any revisions to these documents based on IDOT and/or COM review. C.Wonder Lake Ski Team Haunted Hayride (Recreation Director Hobson) Use of Petersen Park by the Wonder Lake Ski Show Team and waiver of park use and sign permit fees for the annual Haunted Hayride event. D.Block Party Requests (Deputy City Clerk Johnson) •August 20th 2:00pm-7:00pm – Killala Drive •August 20th 12:00pm-10:00pm – Jennifer Lane •September 17th 12:00pm-5:00pm – Dale Street E.Parks & Recreation Facilities & Special Use Permit Requests ; F.August 1, 2022 City Council Meeting Minutes; G.Issuance of Checks in the amount of $514,418.75 H.As Needed Checks in the amount of $1,480,860.02 1 6. Individual Action Item Agenda. A. Munson Marine Variations and Conditional Use Permit (Community Development Director Polerecky) Motion to approve an Ordinance granting Variations and a Conditional Use Permit for the operation and expansion of the existing marina with outdoor storage, motor/recreational vehicle fuel and oil sales, marine vehicle service and repair, slip r entals, and open sales lot at 3112 W. Lincoln Road. B. Zoning Ordinance Text Amendments (Community Development Director Polerecky) Motion to approve an Ordinance granting various text amendments to the City of McHenry Zoning Ordinance related to Off Street Parking & Loading, Carwash Facilities, Residential Care Facilities, Accessory Structures and Fence Regulations. C. Marina Lease Extension (Recreation Director Hobson) Motion to approve the Mayor’s execution of a lease between the City of McHenry and All Marine Service for the South Harbor piers, property and buildings from November 1, 2022 through October 31, 2023. 7. Discussion Items. 8. Executive Session Items. 9. Staff Reports. Staff reports are provided the first meeting of each month. 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. This meeting will be live streamed with a quorum of the City Council physically present. Public comments may only be heard by members of the public physically present at the meeting. Remote public comments will not be heard. The public can listen and view the meeting from the following link: https://cityofmchenry.zoom.us/j/86390878413 2 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: August 15, 2022 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Well #14 Development, Engineering Services Task Order ATT: City of McHenry Request for Proposal Document Robinson Engineering, Ltd. Task Order with Scope and Fee Proposal ______________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests that the City Council consider approval of a Task Order with Robinson Engineering, Ltd. for Professional Engineering Services for the development of Water Well #14. BACKGROUND: The Fiscal Year 2022/2023 Water and Sewer Fund Capital Budget includes $150,000 in funding for engineering services for the development of Water Well #14 which will be located at Knox Park and will supply raw water to Water Plant #1. Water Plant #1 located on Green Street adjacent to Knox Park is the City’s oldest water plant. It is currently served by Water Wells #2 & #3 which each produce between 200 and 400 gallons per minute (gpm). However, the gravity filtration tank in the plant has a rated capacity of 800 gpm. In the past several years the production capacity of Water Well #2 has depreciated to a poi nt where it consistently puts out a little over 200 gpm which is significantly less than its original tested capacity when it was first drilled. This loss in productivity is attributable to the buildup of iron which needs to be treated for control on a routine basis. These treatments, however, do not produce lasting results and short-term improvements in production are typically lost soon after these maintenance treatments are completed. Additionally, Water Well #2 is the only water well in the City’s system at which polyfluoroalkyl substances (PFAS) have been detected. While the currently detected levels are well below current action levels, the Federal EPA has recently issued recommendations for more restrictive action levels which are anticipated to be adopted by State EPA’s at some point in the near future. When these action levels are enacted , Water Well #2 will be operating at a PFAS level still below the threshold level but close enough to the threshold level that continued operation of the well would occur at some level of risk. Because of these ongoing performance issues and PFAS considerations, staff has recommended that the 3 City perform investigation in search of a new well (Water Well #14) to supply raw water to Water Plant #1 and to allow for the future abandonment of Water Well #2. Because of Robinson Engineering’s background in recently completed well development projects in the region, staff’s recommendation was to utilize Robinson for assistance with investigation of a new well location and preparation of project documents for the commissioning of the new well. Therefore, staff solicited a proposal for engineering services from Robinson Engineering Ltd. in Summer of this year. ANALYSIS: Robinson Engineering submitted a scope and fee in the amount of $58,900 which includes assistance with securing test well proposals, analysis of all test well sampling data, decommissioning analysis, soils testing, plan preparation, and bidding assistance. Staff has analyzed the scope and fee and has found it to be acceptable. Staff’s recommendation is to proceed with the approval of a Task Order to Robinson Engineering, Ltd. in the amount of $58,900.00. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve a Task Order in the amount of $58,900.00 to Robinson Engineering, Ltd. for Professional Engineering Services for Water Well #14 Development Engineering Services. 4 City of McHenry Public Works Department REQUEST FOR PROPOSAL NEW WELL #14 Engineering Services Response Due Date: July 21, 2022, 3:00 PM Submit Sealed Proposals to: Greg Gruen, P.E., Engineer City of McHenry, Public Works Department 1415 Industrial Drive McHenry, IL 60050 5 Request for Proposal 2| C i t y o f M c H e n r y Notice to Firms The City of McHenry is requesting proposals for professional engineering services for the Well #14 Project. The included Preliminary Scope of Services provides anticipated items which may be required to perform all necessary engineering work associated with this project. The Well #14 Project is to be constructed in accordance with IEPA standards. The City intends to begin work immediately upon execution of the contract with the selected firm. It is the intent of the City to complete all design, permitting and bidding work for the test well phase by September 2022 with the intent to construct the test well in October 2022. Project Description The City of McHenry wants to develop a new +/-150’ deep well #14 in the shallow sand and gravel aquifer capable of producing 500-gpm. The well will be piped approximately 1000’ to the City’s existing Water Treatment Plant #1 and incorporated into the system. Water Treatment Plant #1 is rated to treat 800-gpm of raw water with a gravity iron filtration system. It is supplied by existing Well #2 and Well #3. Due to limited existing well capacity associated with these wells, Water Treatment Plant #1 is only operating at +/-600-gpm. Ultimately, the goal is to decommission Well #2 and replace it with a higher capacity Well #14. The City will be hiring an engineer to assist with the engineering of the new well. This will include engineering and research for water quality, quantity and research and analysis concerning the affects that decommissioning Well #2 will have on the aquifer. Exhibits showing the existing conditions, well logs, and concept lay out are attached for your use in developing a proposal. Attachments: Well #2 Log Data Well #3 Log Data Concept Engineering Plans IEPA LUST Information 6 Request for Proposal 3| C i t y o f M c H e n r y Preliminary Scope of Services The Preliminary Scope of Services identifies a potential list of services required to successfully perform all required professional engineering services in order to complete the proposed project. Each firm will include with their proposal a Final Proposed Scope of Services, which shall include any notable exclusions or additions. TEST WELL AND GROUND WATER MONITORING PHASE (FY 22/23) 1. Meet with City staff four (4) times for project scoping and coordination. 2. Obtain three proposals on behalf of the City from qualified well drillers for a test well and separate monitoring well. The City will contract directly with the well driller for the construction work. 3. Coordinate the testing to the raw water for compliance with IEPA regulations (including PFAS) and compatibility with the Water Treatment Plant #1 capabilities. Provide an allowance for water testing costs in the proposal. 4. Summarize test well evaluation for both quantity and quality and provide a written report. 5. Research and determine applicable well setback requirements and provide recommendation of the location of the test well and subsequent production well. There has been documented Leaking Underground Storage Tank (LUST) at the current WTP#1 (105 N. Green Street). An NFR letter was also issued in 2010. 6. Monitor and provide analysis concerning the affect that decommissioning Well #2 may have on the aquifer water levels. Coordinate with the responsible operator in charge to obtain Well #2 data. Obtain water level data from the monitoring well. Document observation, analysis and recommendations in a report. 7 Request for Proposal 4| C i t y o f M c H e n r y FINAL WELL PHASE (FY 23/24) 7. Preparation of construction plans and project manual for bidding purposes. a. Plan preparation to include pre-final submittal, review of pre-final submittal by City Staff, and responses provided for City review comments. b. Include plans and specifications for system integration, piping modifications, controls, site plan, raw water utility line. 8. Preliminary site investigation for existing conditions including location of existing utilities, topographical survey, and one (1) soil boring along the raw water line alignment. 9. Obtain soil samples, test for contaminants and complete a CCDD 663 form. 10. Prepare an initial engineer’s estimate of cost and update prior to bidding. 11. Completion of necessary permit applications and IDNR notifications and provide assistance to City Staff in the submittal of such applications. 12. Provide responses to requests for information and assist with issuance of addenda during the bidding phase. All other bidding services shall be performed by City Public Works Staff. 13. Attend Meetings as necessary. Final Submittal Requirements 1. All proposals must be signed by an authorized official. 2. Proposals shall include a brief project understanding of not more than one page. 3. A Final Proposed Scope of Services “Services” shall be included with each proposal. 4. An itemized schedule of costs “Compensation” shall be included with each proposal. The test well phase and final well development phase shall be itemized separately. 5. Proposals shall include a proposed “Project Schedule”. 6. Proposals shall also include a proposed project team chart. 7. All proposals shall be submitted to the City of McHenry, no later than July 21, 2022 3:00 PM . 8 Request for Proposal 5| C i t y o f M c H e n r y 8. Proposals must be submitted in the following formats: One Original Proposal Document, one hard paper copy, and one electronic copy (CD or USB Flash Drive). 9. Proposals must be submitted in one sealed envelope and must be plainly marked with the title “WELL #14 ENGINEERING PROPOSAL”. 10. All proposals must be shipped to or dropped off in person at the following address: City of McHenry Public Works Department ATTN: Greg Gruen, P.E., Engineer 1415 Industrial Drive McHenry, Illinois 60050 Evaluation Criteria Firms will be evaluated based upon the following criteria: 1. Completeness of project understanding and proposed scope of services 2. Ability to meet project schedule 3. Proposed project team and availability of such team 4. Overall not to exceed costs Schedule 6/28/22 RFP Made Available 7/18/22 Deadline for Request for Information (RFI) 7/19/22 All RFI’s Closed, All Addenda Issued 7/21/22 Deadline for Submittal of Proposals 7/28/22 Final Consultant Selection 9 Request for Proposal 6| C i t y o f M c H e n r y 8/15/22 Contract Approval by City Council & Notice to Proceed Conditions Agreed To All conditions included in the original Request for Qualifications shall be considered as part of this RFP. By means of their prequalification, it is understood that prequalified firms shall adhere to any and all conditions required by the original Request for Qualifications process and document. Professional Service Agreement Upon selection of a firm, the City and selected Firm shall enter into a contract for Professional Engineering Services. The City’s standard Professional Services Contract is included as “Attachment A” and shall serve as the agreement between the selected firm and the City of McHenry. The selected firm’s Final Proposed Scope of Services “Services”, proposed “Project Schedule”, and itemized schedule of costs “Compensation” shall be inserted into the Professional Services Contract and shall become a part of the contract. Questions and Addenda All inquiries regarding this RFP shall be submitted via e-mail to Greg Gruen, P.E., Engineer, at ggruen@cityofmchenry.org no later than July 18, 2022 3:00 PM. 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 e-mail no later than July 19, 2022. 10 Certification I hereby certify that the information contained in this Proposal, including all attachments thereto, is true and accurate to the best of my knowledge. Name: ________________________________________ Signature: ________________________________________ Title: ________________________________________ Firm: ________________________________________ Date: ________________________________________ 11 COUNTY McHenry 35 - 45N - 8E FARM July 15, 1960DATE DRILLED Bottom Miller, J.P. Artesian Well Co.COMPANY ILLINOIS STATE GEOLOGICAL SURVEY Top McHenry, City of 1 768GLELEVATION LOCATION Page COUNTY NO. NO. 22076 July 1, 1960Permit Date: Total Depth Casing: 60 16" 40' from ' to ' Screen: 20' of 16" diameter slot Static level 11' below casing top which is ' above GL Pumping level 31' when pumping at gpm for hours Location source: Platbook verified Verified by: VJA on August 5, 2011. Permit #: clay gravel 0 10 10 60 LATITUDE LONGITUDE -88.26787242.329138 121112207600API 200'S line, 2500'W line of section Municipal Water Supply , Owner Address: 12 COUNTY McHenry 35 - 45N - 8E FARM January 1, 1968DATE DRILLED Bottom COMPANY ILLINOIS STATE GEOLOGICAL SURVEY Top McHenry, Town of 1 ELEVATION LOCATION 3 Page COUNTY NO. NO. 39509 200'N 2480'E SW/c Permit Date: Total Depth Casing: 185 12" CASING from -2' to 114' Screen: 15' of 12" diameter 60 slot Water from sand & gravel at ' to '. Static level 22' below casing top which is ' above GL Permit #: topsoil sand & gravel (dry) coarse gravel & boulders hardpan & clay sand & gravel limestone 0 10 40 60 114 129 10 40 60 114 129 185 LATITUDE LONGITUDE -88.26798342.329137 121113950900API Municipal Water Supply 13 14 15 16 17 18 19 20 21 22 Task Order # 2 Page 1 ATTACHMENT A TASK ORDER In accordance with Section 1.2 of the Master Contract dated May 1, 2022, between the City of McHenry (the “City”) and Robinson Engineering, Ltd. (the “Consultant”), the Parties agree to the following Task Number 2 : 1. Contracted Services: Professional Engineering Design Services for New Well #14. Scope of Services included in Robinson Engineering Ltd. Proposal is attached. 2. Project Schedule (attach schedule if appropriate): Project schedule included in Robinson Engineering Ltd. Proposal is attached. _______________________________________________________________________ 3. Project Completion Date: All Contracted Services must be completed on or before: October 30, 2023. 4. Project Specific Pricing (if applicable): Compensation included in Robinson Engineering Ltd. Proposal is attached. _______________________________________________________________________ 5. Additional Changes to the Master Contract (if applicable): _______________________________________________________________________ _______________________________________________________________________ ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED [signature page follows] 23 Task Order # 2 Page 2 CITY OF MCHENRY Robinson Engineering, Ltd. 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 is 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 24 Department of Public Works Troy Strange, P.E., Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: August 15, 2022 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Green Street Surface Transportation Program, Final Submittal ATT: 1. IDOT’s Construction Engineering Services Agre ement for Federal Participation 2. IDOT’s Local Agency Agreement for Federal Participation 3. Resolution Approving the Local Match for Street Improvements ______________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider approval of a Draft Construction Engineering Services Agreement for Federal Participation, a Draft Local Public Agency Agreement for Federal Participation, and a Resolution Approving the Local Match Funding for Street Improvements for the Green Street Surface Transportation Program Project. BACKGROUND: In March of 2020, City staff applied for funding to the McHenry County Council of Mayors Surface Transportation Program for the resurfacing of Green Street. In summer of that year , the McHenry County Council of Mayors selected the project and awarded Surface Transportation Program (STP) funds for the Green Street Improvements. Shortly after the selection , a contract for Phase I & II Engineering was awarded to HR Green, Inc. for the completion of design services, which the City was responsible for 100% of the cost. As design services are now nearing completion, HR Green will be making a final submittal to IDOT Local Roads which will include final plans and specifications, a contract for Phase III Engineering, an Intergovernmental Agreement for Federal Participation, and a resolution confirming the City’s local funding commitment. The scope of improvements will include resurfacing, sidewalk ramps, pavement markings, signage, and parkway trees. The current Engineers Opinion of Probable Cost (EOPC) for construction is $1,060,601.00. The project is scheduled for a November 18th, 2022, letting by the Illinois Department of Transportation (IDOT) with an anticipated early Spring 2023 construction 25 start. STP funding will pay for up to 80% of the total cost of construction and Phase III Engineering up to $919,187 with a local match requirement of 20%. To select a Phase III Engineering firm, staff was obligated to utilize a Quality Based Selection process required for Federal Aid work . This process included a public Request for Qualifications, evaluation of qualifications, selection of a firm, and negotiation of a scope and fee. In January , staff selected HR Green, Inc. to provide Phase III Engineering services and entered negotiations for a scope and fee. The construction engineering scope of work includes project startup, full time resident engineering, pre-construction and construction progress meetings, administration/coordination, material testing, and project closeout in the amount of $125,984.00. The project development cycle requires local agencies to submit draft agreements anywhere from 6-12 months prior to construction and therefore staff are submitting draft agreements for approval as well as a resolution committing the City to appropriate local funds for the 20% local share of the project upon execution of final agreements. Expenditures are anticipated to occur in Fiscal Year 2023-2024. ANALYSIS: Staff has negotiated and reviewed the scope and fee for Phase III Engineering and has found the fee to be acceptable. Based upon the current levels of awarded funding and the 80% federal participation rate, the City’s total local participation amount is projected to be approximately $270,000 and is identified in the Federal Participation Agreement. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the attached: Draft Green Street STP Project Construction Engineering Services Agreement for Federal Participation with HR Green, Inc. in the amount of $125,984.00 , the Draft Local Agency Agreement for Federal Participation, and a Resolution Approving the Local Match for Street Improvements through the McHenry County Council of Mayors Surface Transportation Program. It is further recommended, if Council concurs, to authorize the Mayor to execute any revisions of the proposed documents upon recommended revisions based upon IDOT and Council of Mayors review. 26 Local Public Agency Engineering Services Agreement BLR 05530 (Rev. 07/08/22)Page 1 of 11Completed08/10/22 Using Federal Funds?Yes No Agreement For Federal CE Agreement Type Original LOCAL PUBLIC AGENCY Local Public Agency City of McHenry County McHenry Section Number 20-00087-00-RS Job Number C-91-081-22 Project Number KVGS(364) Contact Name Greg Gruen Phone Number (815) 363-2186 Email ggruen@cityofmchenry.org SECTION PROVISIONS Local Street/Road Name Green Street Length 1.58 Key Route FAU087 Add Location Structure Number NA Remove Location Location Termini Municipal Drive to IL Route 120 Project Description The work consists of hot mix asphalt surface removal, polymerized hot-mix asphalt binder, hot-mix asphalt surface course, portland cement concrete sidewalk, detectable warnings, concrete curb and gutter, thermoplastic pavement marking and all incidental and collateral work necessary to complete the project in accordance with the approved Plans and Specifications. Engineering Funding Anticipated Construction Funding MFT/TBPFederal State Other OtherStateMFT/TBPFederal Local AGREEMENT FOR Phase III - Construction Engineering CONSULTANT Prime Consultant (Firm) Name HR Green, Inc. Contact Name Todd Destree Phone Number (815) 509-9307 Address 1391 Corporate Drive, Suite 203 City McHenry State IL Zip Code 60050 Email tdestree@hrgreen.com Local THIS AGREEMENT IS MADE between the above Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT," will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER, acting as an individual, partnership, firm or legal entity, qualifies for professional status and will be governed by professional ethics in its relationship to the LPA and the DEPARTMENT. The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean: Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the construction PROJECT In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded 27 BLR 05530 (Rev. 07/08/22)Page 2 of 11Completed08/10/22 AGREEMENT EXHIBITS The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT: EXHIBIT A: Scope of Services EXHIBIT B: Project Schedule EXHIBIT D: Cost Estimate of Consultant Services (CECS) Worksheet (BLR 05513 or BLR 05514 ) EXHIBIT C: Qualification Based Selection (QBS) Checklist Exhibit E: Rubino Engineering Cost Proposal Exhibit F: BC775 Exhibit G: BC776 I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection with the proposed improvements herein before described. 2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff hours. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are to be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections required as a result of the ENGINEER'S error, omissions or negligent acts without additional compensation. Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or the responsibility for clarifying ambiguities. 4. That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes, and the local laws or ordinances of the LPA. 5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 6. To invoice the LPA for Preliminary and/or Design Engineering: The ENGINEER shall submit all invoices to the LPA within three months of the completion of the work called for in the AGREEMENT or any subsequent Amendment or Supplement. 7. To submit a completed BLR 05613, Engineering Payment Report, to the DEPARTMENT within three months of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. The form shall be submitted with the final invoice. 8. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of US Department of Transportation (US DOT) assisted contract. Failure by the Engineer to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 9. That none of the services to be furnished by the ENGINEER shall be sublet assigned or transferred to any other party or parties without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 10. For Construction Engineering Contracts: (a) The ENGINEER shall be prequalified with the STATE in Construction Inspection. All employees of the ENGINEER serving as the onsite resident construction supervisor or providing construction inspection shall have a valid Documentation of Contract Quantities certification. (b) For all projects where testing is required, the ENGINEER shall obtain samples according to the STATE Bureau of Materials. "Manual of Test Procedures for Materials," submit STATE Bureau of Materials inspection reports; and verify compliance with contract specifications. 11. That the engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with this AGREEMENT (See DIRECT COST tab in BLR 05513 or BLR 05514). II. THE LPA AGREES, 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following: (a) Professional Services Selection Act (50 ILCS 510), The Brooks Act (40 USC 11), and the Procurement, Management, and Administration of Engineering, and Design Related Services (23 CFR part 172). Exhibit C is required to be completed with this AGREEMENT. 2. To furnish the ENGINEER all presently available survey data, plans, specifications, and project information. 3. For Construction Engineering Contracts: (a) To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT activities. (b) To submit approved forms BC 775 and BC 776 to the DEPARTMENT when federal funds are utilized. 4. To pay the ENGINEER: 28 BLR 05530 (Rev. 07/08/22)Page 3 of 11Completed08/10/22 Specific Rate Cost plus Fixed Fee:Fixed Lump Sum Total Compensation = DL + DC + OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF = (0.33 + R) DL + %SubDL, where R is the advertised Complexity Factor and %SubDL is 10% profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15% of the DL + OH. Field Office Overhead Rates: Field rates must be used for construction engineering projects expected to exceed one year in duration or if the construction engineering contract exceeds $1,000,000 for any project duration. 6. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seq.). (a) For progressive payments - Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. (b) Final Payment - Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by LPA and DEPARTMENT, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 5. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: 1. No work shall be commenced by the ENGINEER prior to issuance by the IDOT of a written Notice to Proceed. 2. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General, and the DEPARTMENT, the Federal Highways Administration (FHWA) or any authorized representative of the federal government, and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 3. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the DEPARMTENT, and their officers, agents, and employees from all suits, claims, actions or damage liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the ENGINEER as soon as practicable after the discovery. The LPA reserves the right to take immediate action to remedy any error or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable. 4. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to the date of the written notice of termination. III. IT IS MUTUALLY AGREED, 29 BLR 05530 (Rev. 07/08/22)Page 4 of 11Completed08/10/22 5. In the event that the DEPARMENT stops payment to the LPA, the LPA may suspend work on the project. If this agreement is suspended by the LPA for more than thirty (30) calendar days, consecutive or in aggregate, over the term of this AGREEMENT, the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred as a result of the suspension and resumption of its services, and the ENGINEER's schedule and fees for the remainder of the project shall be equitably adjusted. 6. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until the completion of construction of any phase of professional services performed by others based upon the service provided herein. All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional services are not commenced within 5 years after final payment by the LPA. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA, the DEPARTMENT, and their officers, employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. The ENGINEER and LPA certify that their respective firm or agency: (a) has not employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for the LPA or the ENGINEER) to solicit or secure this AGREEMENT, (b) has not agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or (c) has not paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for the LPA or the ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. (d) that neither the ENGINEER nor the LPA is/are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, (e) has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, (f) are not presently indicated for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) and (g) has not within a three-year period preceding this AGREEMENT had one or more public transaction (Federal, State or local) terminated for cause or default. Where the ENGINEER or LPA is unable to certify to any of the above statements in this certification, an explanation shall be attached to this AGREEMENT. 9. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no claim for damages shall be made by either party. Termination of the AGREEMENT or adjustment of the fee for the remaining services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within six months after the specified completion date. Examples of unforeseen causes include but are not limited to: acts of God or a public enemy; act of the LPA, DEPARTMENT, or other approving party not resulting from the ENGINEER's unacceptable services; fire; strikes; and floods. If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE, the ENGINEER shall apply in writing to the LPA for an extension of time. If approved, the PROJECT SCHEDULE shall be revised accordingly. 10. This certification is required by the Drug Free Workplace Act (30 ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited or suspension of contract on grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for at least one (1) year but not more than (5) years. For the purpose of this certification, "grantee" or "Contractor" means a corporation, partnership or an entity with twenty-five (25) or more employees at the time of issuing the grant or a department, division or other unit thereof, directly responsible for the specific performance under contract or grant of $5,000 or more from the DEPARTMENT, as defined the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statue conviction for a violation occurring in the workplace no later than (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: 30 BLR 05530 (Rev. 07/08/22)Page 5 of 11Completed08/10/22 (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy to maintain a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting, or granting agency within ten (10) days after receiving notice under part (b) of paragraph (3) of subsection (a) above from an employee or otherwise, receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act, the ENGINEER, LPA and the Department agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B. Time is of the essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the ENGINEER for future project. The ENGINEER will submit progress reports with each invoice showing work that was completed during the last reporting period and work they expect to accomplish during the following period. 11. Due to the physical location of the project, certain work classifications may be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.). 12. For Construction Engineering Contracts: (a) That all services are to be furnished as required by construction progress and as determined by the LPA employee In Responsible Charge. The ENGINEER shall complete all services herein within a time considered reasonable to the LPA, after the CONTRACTOR has completed the construction contract. (b) That all field notes, test records and reports shall be turned over to and become the property of the LPA and that during the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. (c) That any difference between the ENGINEER and the LPA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LPA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. (d) That in the event that engineering and inspection services to be furnished and performed by the LPA (including personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent employed on such work at the expense of the LPA. (e) Inspection of all materials when inspection is not provided by the sources by the STATE Central Bureau of Materials, and submit inspection reports to the LPA and STATE in accordance with the STATE Central Bureau of Materials "Project Procedures Guide" and the policies of the STATE. AGREEMENT SUMMARY Prime Consultant (Firm) Name TIN/FEIN/SS Number Agreement Amount HR Green, Inc.42-0927176 $118,239.00 Subconsultants TIN/FEIN/SS Number Agreement Amount Rubino Engineering 80-0450719 $7,745.00 Subconsultant Total $7,745.00 Prime Consultant Total $118,239.00 Total for all work $125,984.00 31 BLR 05530 (Rev. 07/08/22)Page 6 of 11Completed08/10/22 AGREEMENT SIGNATURES Local Public Agency Type City Local Public Agency City of McHenry Local Public Agency Type City Clerk (SEAL) Title Attest: The of Local Public Agency City of McHenry Executed by the ENGINEER: Prime Consultant (Firm) Name HR Green, Inc. Title Sr. Construction Project Manager Attest: Title Vice President By (Signature & Date)By (Signature & Date) By (Signature & Date)By (Signature & Date) 32 BLR 05530 (Rev. 07/08/22)Page 7 of 11 Section Number 20-00087-00-RS County McHenry Local Public Agency City of McHenry Completed08/10/22 Prime Consultant (Firm) Name HR Green, Inc. EXHIBIT A SCOPE OF SERVICES To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT herein before described and enumerated below HR Green anticipates that this project will begin in May of 2023 and will be completed the end of July, 2023. The man-hours provided for construction observation were based eleven weeks of construction observation required to monitor the project based upon the contractor completing the project by end of July 2023. Any additional work due to an extended schedule dictated by the contractor's performance or unanticipated work due to site conditions shall warrant a contract addendum. The following is a breakdown of the various tasks associated with the construction observation which will be completed by HR Green: A. Start Up HR Green will complete a preconstruction video of the proposed construction area to document the existing conditions prior to the start of construction. HR Green will also utilize this time to prepare its filing system to meet IDOT documentation standards and incorporate information into IDOT’s CMMS construction management system. The project startup also allows HR Green time to review the plans and specifications prior to the start of the project. HR Green will ensure that the project details, construction timelines and any impacts that the project may create will be coordinated with the Village prior to the start of construction. HR Green will also coordinate with the businesses and residents within the construction corridor to ensure that the businesses and residents are aware of the project, the project impacts and the construction timing. HR Green will mark, measure and document contract removal payment items prior to the contractor starting work. HR Green anticipates a Construction Engineer will be on-site for approximately forty (40) hours to complete the above noted coordination and construction preparation. A total of a total of forty (40) hours have been allotted to complete the project start up. B. Construction Observation HR Green will provide Construction Observation Services on a time and material, not-to-exceed contract amount basis. HR Green will be on-site to observe that items being constructed and materials being utilized are in general conformance with the approved plans and specifications and the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction. HR Green will complete Inspector’s Daily Reports (IDRs) and a daily diary, measure and document contract quantities, complete erosion and sedimentation control inspections, complete payment estimates, change orders, and weekly reports. Weekly reports will be submitted to IDOT, the contractor and the Village. HR Green will verify that all materials incorporated into this project are IDOT approved and evidence of material inspection is in compliance with the Project Procedures Guide and Special Provisions of this contract. HR Green shall keep the Village informed as to the progress of construction. HR Green anticipated that the Construction Engineer will be on site for approximately forty five (45) hours per week for eleven (11) weeks and the Sr. Construction Project Manager approximately two and one half (2.5) hours per week for 11 weeks (26 hours). A total of five hundred twenty one (521) hours have been allotted for daily field construction observation for this project. C. Administration/Coordination 33 BLR 05530 (Rev. 07/08/22)Page 8 of 11 Section Number 20-00087-00-RS County McHenry Local Public Agency City of McHenry Completed08/10/22 Prime Consultant (Firm) Name HR Green, Inc. This task will involve the oversight of the project by management which will include the ongoing review of the project execution, documentation, schedule and budget, contract file management and general correspondence between HR Green, the City of McHenry, the contractor, and subcontractors. HR Green has allotted thirteen (13) hours for the Senior Construction Project Manager to complete this task D. Meetings HR Green will attend the preconstruction meeting at IDOT with the City, the contractor and subcontractors. HR Green anticipates there will be six (6) additional construction progress meetings. A total of thirty (30) hours have been allotted for the Senior Construction Project Manager to attend the IDOT preconstruction meeting, five (6) construction progress meeting and complete the agenda and meeting minutes for the construction progress meetings. E. Project Close Out HR Green anticipates approximately one hundred twenty (120) hours to complete the project closeout and final documentation for this project. This task includes the preparation of final job records, completion of punchlist, final payment estimate and final change order. Quality Assurance Testing Rubino Engineering will provide the Quality Assurance Material Testing Services for this project. Quality Assurance testing for asphalt and concrete shall be completed in accordance with IDOT QC/QA requirements. 34 BLR 05530 (Rev. 07/08/22)Page 9 of 11 Section Number 20-00087-00-RS County McHenry Local Public Agency City of McHenry Completed08/10/22 Prime Consultant (Firm) Name HR Green, Inc. EXHIBIT B PROJECT SCHEDULE Anticipated Construction Engineering Start Date: May 2023 Anticipated Construction Engineering Completion Date: July 2023 35 BLR 05530 (Rev. 07/08/22)Page 10 of 11 Section Number 20-00087-00-RS County McHenry Local Public Agency City of McHenry Completed08/10/22 Prime Consultant (Firm) Name HR Green, Inc. Exhibit C Qualification Based Selection (QBS) Checklist The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510, QBS requirements must be followed. Under the threshold, QBS requirements do not apply. The threshold is adjusted annually. If the value is under the threshold with federal funds being used, federal small purchase guidelines must be followed. Form Not Applicable (engineering services less than the threshold) Items 1-13 are required when using federal funds and QBS process is applicable. Items 14-16 are required when using State funds and the QBS process is applicable. No Yes 1 Do the written QBS policies and procedures discuss the initial administration (procurement, management and administration) concerning engineering and design related consultant services? 2 Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and specifically Section 5-5.06 (e) of the BLRS Manual? 3 Was the scope of services for this project clearly defined? 4 Was public notice given for this project? If yes Due date of submittal 04/29/22 Method(s) used for advertisement and dates of advertisement City Website - April 15 - April 29, 2022 5 Do the written QBS policies and procedures cover conflicts of interest? 6 Do the written QBS policies and procedures use covered methods of verification for suspension and debarment? 7 Do the written QBS policies and procedures discuss the methods of evaluation? Project Criteria Weighting Relevant Experience 20% Project Understanding and Approach 50% DBE 5% Local Presence 5% Firm/Subconsultant Capabilities 10% General Knowledge of City Infrastructure 10% 8 Do the written QBS policies and procedures discuss the method of selection? Selection committee (titles) for this project Top three consultants ranked for this project in order 1 HR Green, Inc. 2 Baxter and Woodman 3 No 3rd Submittal 9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? 10 Were negotiations for this project performed in accordance with federal requirements. 11 Were acceptable costs for this project verified? 12 Do the written QBS policies and procedures cover review and approving for payment, before forwarding the request for reimbursement to IDOT for further review and approval? 13 Do the written QBS policies and procedures cover ongoing and finalizing administration of the project (monitoring, evaluation, closing-out a contract, records retention, responsibility, remedies to violations or breaches to a contract, and resolution of disputes)? 14 QBS according to State requirements used? 36 BLR 05530 (Rev. 07/08/22)Page 11 of 11 Section Number 20-00087-00-RS County McHenry Local Public Agency City of McHenry Completed08/10/22 Prime Consultant (Firm) Name HR Green, Inc. 15 Existing relationship used in lieu of QBS process? 16 LPA is a home rule community (Exempt from QBS). 37 BLR 05530 (Rev. 07/08/22)Completed08/10/22 Instructions for BLR 05530 - Page 1 of 3 Form instructions are not to be submitted with the form This form shall be used for a Local Public Agency (LPA) to enter into an agreement with an Engineering firm in connection with a project funded with Federal, State, and/or Motor Fuel Tax (MFT) funds. Based on the selection of type of engineering agreement and funding type, the form will change. For more information refer to the Bureau of Local Roads and Streets Manual (BLRS) Chapter 5. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS manual. This form can also be used for structure inspections. When filing out this form electronically, once a field is initially completed, fields requiring the same information will be auto-populated. Using Federal Funds? The user must select yes or no. Based on the selection, a drop-down menu will appear. The language of the form changes based on the selection. Selecting yes indicates federal funds will be used to fund all or a portion of the engineering for this phase of this project. Selecting no indicates no federal funds will be used to fund any engineering for this phase of the project. Agreement For If yes was selected for using Federal Funds, select Federal PE or Federal CE from the drop-down. If no was selected for using Federal Funds, select MFT PE, MFT CE, or MFT PE-CE. Agreement Type From the drop down, select the type of agreement, types to choose from are: Original or Supplemental Number If the agreement is for a supplemental, insert the number of the supplemental using number 1 for the first supplemental, and increase the numbering as the supplementals increase. Local Public Agency Local Public Agency Insert the name of the LPA. This field value is used to populate the LPA name in the Agreement Signatures and the Exhibit pages. County Insert the name of the county in which the LPA is located. Section Number Insert the section number applied to this project without dashes, dashes are automatically inserted. Job Number Insert the job number assigned for the project, if applicable. Project Number Insert the project number assigned for this project, if applicable. Contact Name Insert the name of the LPA contact for this project. Phone Number Insert the phone for the LPA contact listed to the left without dashes. Email Insert the email for the LPA contact listed to the left. Section Provisions Location Use the add location button to add additional locations, if needed, for up to a total of five locations. If there are more than five locations, use various. Local Street/Road Name Insert the local street/road name. Key Route Insert the key route of the street/road listed to the left, if applicable. Length Insert the length in miles as it pertains to the location listed to the left. For a structure insert 0.01. Structure Number Insert the existing structure number(s) for this project. Location Termini Insert the beginning and ending termini as it pertains to this location for this project. Add Location Use this button to add additional location. Remove Location Use this button to remove a location added in error. Please note that at least one location is required. Project Description Insert a description of the work to be accomplished by this project. Engineering Funding Check all boxes that apply, if type other is checked, insert the type of other funding in the box following "other." The form will change based on the box(es) checked. Anticipated Construction Funding Check all boxes that apply, if type other is checked, insert the type of other funding in the box following "other." 38 BLR 05530 (Rev. 07/08/22)Completed08/10/22 Instructions for BLR 05530 - Page 2 of 3 Agreement For Select the check box for the type of engineering the agreement is for. Phase I for Preliminary Engineering, Phase II for Design Engineering, Phase III for Construction Engineering. When Federal Funds are used, Phase I and Phase II can be selected when the agreement is for Federal PE. When Federal CE is selected, only Phase III can be selected. For MFT, the Phases can be selected based on the original selection at the top of the form for the agreement type. Consultant Primary Consultant (Firm) Name Insert the name of the primary consultant firm that will be executing this agreement. This field value is used to populate the consultant name in the Agreement Summary, Agreement Signatures and the Exhibit pages. Contact Name Insert the name of the contact for the firm listed to the left. Phone Number Insert the phone number for the contact listed to the left, without dashes. Email Insert the email of the contact listed to the left. Address Insert the address of the firm listed to the left. City Insert the city of the firm listed to the left. State Insert the state of the firm listed to the left. Zip Code Insert the zip code of the firm listed to the left. Agreement Exhibits Check all that apply, for boxes checked that do not have a description, insert the name of the exhibit. Exhibit A Insert the scope of services covered by this agreement/ project. This exhibit is required. Exhibit B Insert the project schedule that applies to this agreement/ project. This exhibit is required. Exhibit C Qualification Based Selection (QBS) Checklist process must be followed when the value of engineering will meet and/or exceed the threshold in 50 ILCS 510. If the process does not apply, check the form not applicable checkbox on the top of the exhibit page. If the process applies and using federal funds, complete items 1 through 13. If the process applies and using state funds, complete items 14 through 16. Exhibit D Cost Plus Estimate of Consultant Services (CECS) Worksheet (BLR 05513 or BLR 05514). If the method of compensation was checked (under LPA Agrees item 4) as Cost Plus Fixed Fee (Anniversary Raise or Fixed Raise) in the agreement, then this exhibit is required and the correct BLR form: BLR 05514 for Fixed Raise or BLR 05513 for Anniversary Raise. Exhibit Use the remaining boxes and lines to add additional exhibits as needed. LPA Agrees Method of Compensation Select the method of compensation for this agreement by checking the applicable box. If Percent is checked (this is only available when agreement is for MFT funds.), insert in the box the applicable percentage. If Lump Sum is checked, complete the box after lump sum showing the lump sum compensation amount. For agreements funded with federal funds the lump sum shall be determined by using the Cost Plus Fixed Fee formula. If Specific Rate is checked, insert the specific rate in the box. The specific rate cannot exceed $150,000. For a federal project this is limited to testing services only. If Cost Plus Fixed Fee is checked, select the type of raise the agreement will use: Anniversary or Fixed. If this method is selected, BLR 05513 or BLR 05514 must be included in the exhibits. 39 BLR 05530 (Rev. 07/08/22)Completed08/10/22 Instructions for BLR 05530 - Page 3 of 3 Agreement Summary Prime Consultant (Firm) Name Field populated from the Prime Consultant (Firm) Name entered on the first pages of the agreement. TIN/FEIN/SS Insert the Prime Consultant's Taxpayer Identification Number (TIN), Federal Employer Identification Number (FEIN) or Social Security Number (SS). Agreement Amount Insert the maximum agreement amount. Subconsultant(s) As applicable, insert the name of each subconsultant engaged in this agreement/ project. Subconsultants are defined as any firm that is required to complete a Cost Estimate of Consultant Services (CECS) Worksheet. TIN/FEIN/SS Insert the Subconsultant's Taxpayer Identification Number (TIN), Federal Employer Identification Number (FEIN) or Social Security Number (SS). Agreement Amount Insert the maximum agreement amount for the subconsultant listed to the left. Add Subconsultant If additional lines are needed for additional subconsultants, insert lines as needed and complete the required information. Subconsultant Total This field is automatically completed, it is the sum of all the agreement amounts for all subconsultants listed. Prime Total This field is automatically completed, it is the amount of the prime consultant fee as listed above. Total for All This field is automatically completed, it is the sum of the subconsultant and the prime total. Agreement Signatures Executed by LPA Local Public Agency Type From the drop down, select the type of LPA. Types to choose from are: City, County, Town, or Village. Local Public Agency Field populated from the Local Public Agency entered on the first pages of the agreement. By The LPA clerk will sign here. By The LPA official authorized to sign this agreement will sign and date here. Seal of LPA The LPA will seal the document here. Title Insert the title of the LPA official who signed above. Executed by the Engineer Prime Consultant (Firm) Name Field populated from the Prime Consultant (Firm) Name entered on first pages of the agreement. By The person(s) authorized to sign this agreement from the engineering firm will sign and date here. Title Insert the title of the person signing above. For Agreement using MFT or State Funds only: Regional Engineer Upon approval the Regional Engineer will sign and date here. A minimum of four (4) signed originals must be submitted to the Regional Engineer's District office. Following approval, distribution will be as follows: Central Office (only for Projects using State and/or Federal Funds) District Engineer (Municipal, Consultant or County) Local Public Agency Clerk 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Joint Funding Agreement for State-Let Construction Work BLR 05310C (Rev. 03/31/22)Page 1 of 6Printed 08/03/22 LOCAL PUBLIC AGENCY Local Public Agency City of McHenry County McHenry Section Number 20-00087-00-RS Fund Type STU ITEP, SRTS, HSIP Number(s)MPO Name CMAP MPO TIP Number 11-21-0007 Construction State Job Number C-91-081-22 Project Number KVGS(364) Construction on State Letting Construction Engineering Utilities Railroad Work This Agreement is made and entered into between the above local public agency, hereinafter referred to as the "LPA" and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LPA jointly propose to improve the designated location as described below. The improvement shall be consulted in accordance with plans prepared by, or on behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal Highway Administration, hereinafter referred to as "FHWA". LOCATION Stationing Local Street/Road Name Green Street Key Route 90087 Length 1.58 From 0.09 To 1.67 Location Termini IL 120 to Municipal Drive Current Jurisdiction City of McHenry Existing Structure Number(s)Add Location Remove PROJECT DESCRIPTION Hot-mix asphalt resurfacing, sidewalk and ADA ramp improvements, shared bike lane pavement marking, and landscaping along Green Street in the City of McHenry. LOCAL PUBLIC AGENCY APPROPRIATION - REQUIRED FOR STATE LET CONTRACTS By execution of this Agreement the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as an addendum. METHOD OF FINANCING - (State-Let Contract Work Only) Check One METHOD A - Lump Sum (80% of LPA Obligation ) Lump Sum Payment - Upon award of the contract for this improvement, the LPA will pay the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA's estimated obligation incurred under this agreement. The LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) in a lump sum within thirty (30) calendar days of billing in a lump sum, upon completion of the project based on final costs. METHOD B -Monthly Payments of due by the of each successive month. Monthly Payments - Upon award of the contract for this improvement, the LPA will pay to the STATE a specified amount each month for an estimated period of months, or until 80% of the LPA's estimated obligation under the provisions of the agreement has been paid. The LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. METHOD C - LPA's Share divided by estimated total cost multiplied by actual progress payment. Progress Payments - Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of receipt, an amount equal to the LPA's share of the construction cost divided by the estimated total cost multiplied by the actual payment (appropriately adjust for nonparticipating costs) made to the contractor until the entire obligation incurred under this agreement has been paid. 56 BLR 05310C (Rev. 03/31/22)Page 2 of 6Printed 08/03/22 Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to the LPA on this or any other contract. The STATE at its sole option, upon notice to the LPA, may place the debit into the Illinois Comptroller's Offset System (15 ILCS 405/10.05) or take such other and further action as may be required to recover the debt. THE LPA AGREES: 1. To acquire in its name, or in the name of the STATE if on the STATE highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established State policies and procedures. Prior to advertising for bids, the LPA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LPA, the STATE, and the FHWA if required. 2. To provide for all utility adjustments and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Public Agency Highway and Street Systems. 3. To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. 4. To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, a jurisdictional addendum is required. 5. To maintain or cause to be maintained the completed improvement (or that portion within its jurisdiction as established by addendum referred to in item 4 above) in a manner satisfactory to the STATE and the FHWA. 6. To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. 7. To maintain for a minimum of 3 years after final project close out by the STATE, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract. The contract and all books, records, and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE. The LPA agrees to cooperate fully with any audit conducted by the Auditor General, the STATE, and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this section shall establish presumption in favor of the STATE for recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 8. To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. 9. To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. 10. To provide or cause to be provided all of the initial funding, equipment, labor, material, and services necessary to complete locally administered portions of the project. 11. (Railroad Related Work) The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/ railroad agreement prior to requesting reimbursement from the STATE. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets Office. Engineer's Payment Estimates shall be in accordance with the Division of Cost. 12. Certifies to the best of its knowledge and belief that it's officials: a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; b. have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; c. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, Local) with commission of any of the offenses enumerated in item (b) of this certification; and d. have not within a three-year period preceding the agreement had one or more public transactions (Federal, State, Local) terminated for cause or default. 13. To include the certifications, listed in item 12 above, and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. 14. That execution of this agreement constitutes the LPA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. 15. That for agreements exceeding $100,000 in federal funds, execution of this agreement constitutes the LPA's certification that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or any employee of a member of congress in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or 57 BLR 05310C (Rev. 03/31/22)Page 3 of 6Printed 08/03/22 modification of any Federal contract, grant, loan or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form - LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. c. The LPA shall require that the language of this certification be included in the award documents for all subawards (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements), and that all subrecipients shall certify and disclose accordingly 16. To regulate parking and traffic in accordance with the approved project report. 17. To regulate encroachments on public rights-of-way in accordance with current Illinois Compiled Statutes. 18. To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with the current Illinois Compiled Statutes. THE STATE AGREES: 1. To provide such guidance, assistance, and supervision to monitor and perform audits to the extent necessary to assure validity of the LPA's certification of compliance with Title II and III Requirements. 2. To receive bids for construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement after receipt of a satisfactory bid. 3. To provide all initial funding and payments to the contractor for construction work let by the STATE. The LPA will be invoiced for their share of contract costs per the method of payment selected under Method of Financing based on the Division of Costs shown on Addendum 2. 4. For agreements with federal and/or state funds in construction engineering, utility work and/or railroad work: a. To reimburse the LPA for federal and/or state share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payments by the LPA; b. To provide independent assurance sampling and furnish off-site material inspection and testing at sources normally visited by STATE inspectors for steel, cement, aggregate, structural steel, and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: 1. Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction and federal Buy America provisions 2. That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation within one (1) year of the date of execution of this agreement. 3. This agreement shall be binding upon the parties, their successors, and assigns. 4. For contracts awarded by the LPA, the LPA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT - assisted contracts. The LPA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this agreement. Upon notification to the recipient of its failure to carry out its approved program, the STATE may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S. C 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seq.). In the absence of a USDOT - approved LPA DBE Program or on state awarded contracts, this agreement shall be administered under the provisions of the STATE'S USDOT approved Disadvantaged Business Enterprise Program. 5. In cases where the STATE is reimbursing the LPA, obligation of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable federal funding source fails to appropriate or otherwise make available funds for the work contemplated herein. 6. All projects for the construction of fixed works which are financed in whole or in part with funds provided by this agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of the act exempt its application. FISCAL RESPONSIBILITIES: 1. Reimbursement Requests: For reimbursement requests the LPA will submit supporting documentation with each invoice. Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice, progress report, personnel and direct cost summaries, and other documentation supporting the requested reimbursement amount (Form BLR 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. 2. Financial Integrity Review and Evaluation (FIRE) program: LPA’s and the STATE must justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project which no expenditures have been charged against Federal funds for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to ensure adequate processing time, the first invoice shall be submitted to 58 BLR 05310C (Rev. 03/31/22)Page 4 of 6Printed 08/03/22 the STATE within six (6) months of the federal authorization date. Subsequent invoices will be submitted in intervals not to exceed six (6) months. 3. Final Invoice: The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of work or from the date of the previous invoice, whichever occurs first. If a final invoice is not received within this time frame, the most recent invoice may be considered the final invoice and the obligation of the funds closed. Form BLR 05613 (Engineering Payment Record) is required to be submitted with the final invoice for engineering projects. 4. Project Closeout: The LPA shall provide the final report to the appropriate STATE district office within twelve (12) months of the physical completion date of the project so that the report may be audited and approved for payment. If the deadline cannot be met, a written explanation must be provided to the district prior to the end of the twelve (12) months documenting the reason and the new anticipated date of completion. If the extended deadline is not met, this process must be repeated until the project is closed. Failure to follow this process may result In the immediate close-out of the project and loss of further funding. 5. Project End Date: The period of performance (end date) for state and federal obligation purposes is five (5) years for projects under $1,000,000 or seven (7) years for projects over $1,000,000 from the execution date of the agreement. Requests for time extensions and joint agreement amendments must be received and approved prior to expiration of the project end date. Failure to extend the end date may result in the immediate close-out of the project and loss of further funding. 6. Single Audit Requirements: If the LPA expends $750,000 or more a year in federal financial assistance, they shall have an audit made in accordance with 2 CFR 200. LPA's expending less than $750,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE (IDOT’s Office of Internal Audit, Room 201, 2300 South Dirksen Parkway, Springfield, Illinois, 62764) within 30 days after the completion of the audit, but no later than one year after the end of the LPA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. Federal funds utilized for construction activities on projects let and awarded by the STATE (federal amounts shown as “Participating Construction” on Addendum 2) are not Included in a LPA’s calculation of federal funds expended by the LPA for Single Audit purposes.. 7. Federal Registration: LPA’s are required to register with the System for Award Management or SAM, which is a web-enabled government-wide application that collects, validates, stores, and disseminates business Information about the federal government's trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: https://www.sam.gov/SAM/ 8. Required Uniform Reporting: For work not included on a state letting, the Grant Accountability and Transparency Act (30 ILCS 708) requires a uniform reporting of expenditures. Uniform reports of expenditures shall be reported no less than quarterly using IDOT’s BoBS 2832 form available on lDOT’s web page under the "Resources" tab. Additional reporting frequency may be required based upon specific conditions or legislation as listed In the accepted Notice of State Award (NOSA). Specific conditions are based upon the award recipient/grantee's responses to the Fiscal and Administrative Risk Assessment (ICQ) and the Programmatic Risk Assessment (PRA).. NOTE: Under the terms of the Grant Funds Recovery Act (30 ILCS 705/4.1), "Granter agencies may withhold or suspend the distribution of grant funds for failure to file requirement reports" if the report is more than 30 calendar days delinquent, without any approved written explanation by the grantee, the entity will be placed on the Illinois Stop Payment List. (Refer to the Grantee Compliance Enforcement System for detail about the Illinois Stop Payment List: https://www.illinois.gov/sites/GATA/ Pages/ ResourceLibrary.aspx) ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement. 1.Location Map 2.Division of Cost 3.Resolution* 4.GATA Reporting *Appropriation and signature authority resolution must be in effect on, or prior to, the execution date of the agreement. 59 BLR 05310C (Rev. 03/31/22)Page 5 of 6Printed 08/03/22 The LPA further agrees as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this agreement and all Addenda indicated above. APPROVED Name of Official (Print or Type Name) Title of Official Signature Date The above signature certifies the agency's TIN number is 36-600599 conducting business as a Governmental Entity. DUNS Number 023996275 Local Public Agency UEI Omer Osman, P.E., Secretary of Transportation Date By: George A. Tapas, P.E., S.E., Engineer of Local Roads & Streets Date Stephen M. Travia, P.E., Director of Highways PI/Chief Engineer Yangsu Kim, Chief Counsel Date Vicki Wilson, Chief Fiscal Officer Date Date APPROVED State of Illinois Department of Transportation NOTE: A resolution authorizing the local official (or their delegate) to execute this agreement and appropriation of local funds is required to be attached as an addendum. The resolution must be approved prior to, or concurrently with, the execution of this agreement. If BLR 09110 or BLR 09120 are used to appropriate local matching funds, attach these forms to the signature authorization resolution. Please check this box to open a fillable Resolution Form within this Addenda. 60 BLR 05310C (Rev. 03/31/22)Page 6 of 6ADDENDA NUMBER 2Printed 08/03/22Local Public AgencyCity of McHenryCountyMcHenrySection Number20-00087-00-RSState Job NumberC-91-081-22Project NumberKVGS(364)DIVISION OF COSTFederal FundsState FundsLocal Public AgencyType of WorkFund TypeAmount%Fund TypeAmount%Fund TypeAmount%TotalsParticipating ConstructionSTU $848,481.00 80%Local $212,120.00 * $1,060,601.00 Construction EngineeringSTU $70,706.0080%Local $55,278.00* $125,984.00 Total $919,187.00 Total Total $267,398.00 $1,186,585.00 If funding is not a percentage of the total place an asterisk (*) in the space provided for the percentage and explain below:* Maximum FHWA (STU) Participation 80%, NTE $919,187.00NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursement.61 BLR 05310C (Rev. 03/31/22) Instructions for BLR 05310C Page 1 of 3 Printed 08/03/22 NOTE: Form instructions should not be included when the form is submitted. This form shall be used when a local public agency (LPA) project involves Federal-Aid, with or without state funds and this standard form is sufficient to describe all details of the agreement. For more information refer to the Bureau of Local Roads and Streets (BLRS) Manual, Chapter 5. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS manual. When filling out this form electronically, once a field is initially completed, fields requiring the same information will be auto-populated. Local Public Agency Name of LPA Insert the name of the LPA. County Insert the name of the county in which the LPA is located. Section Number Insert the section number applied to this project. Fund Type Insert the funding type(s) being used for this project (e.g. STU, STR, ITEP, etc.). ITEP, SRTS, HSIP, Number Insert the ITEP, SRTS, HSIP number assigned to this project. MPO Name From the drop-down choose the MPO in which the project is located. If the project is not located within an MPO, select N/A. Types to choose from are: Bi-State Bi-State Regional Commission CMAP Chicago Metropolitan Planning Organization CUUATS Champaign/Urbana Urban Area Transportation Study DATS Danville Area Transportation Study DMATS Dubuque DSATS DeKalb/Sycamore Area Transportation Study DUATS Decatur Urbanized Area Transportation Study EWGCG East-West Gateway Council of Governments KATS Kankakee Area Transportation Study MCRPC McLean County Regional Planning Commission PPUATS Peoria/Pekin Urban Area Transportation Study RPC Region 1 Planning Council SATS Springfield Area Transportation Study SEMPO South East Metropolitan Planning Organization SIMPO Southern Illinois Metropolitan Planning Organization SLATS State Line Area Transportation Study MPO Tip Number Insert MPO Tip Number assigned to this project, this is required for all projects located within the MPO planning boundaries if applicable. If not, insert "N/A" Construction Job Number Insert the job number assigned for the construction portion, the number will begin with a "C" Project Number Insert the project number assigned to the construction portion of this project. Construction on State Letting Check this box if the construction portion of this project will be on a state held letting. Construction Engineering Check this box if the construction portion of this project will involve construction engineering. Utilities Check this box if the construction portion of this project will involve utility work. Railroad Work Check this box if the construction portion of this project will involve railroad work. Location Use the add location button to add additional locations if needed for up to a total of five locations. If there are more than five locations, use various. Local Street/Road Name Insert the local street/road name. Key Route Insert the key route of the street/road listed above. Length Insert the length in miles as it pertains to the location listed above. For a structure insert 0.01. Station From Insert the beginning station of the project as it pertains to the key route for this location for this project To Insert the ending station of the project as it pertains to the key route for this location for this project. Location Termini Insert the beginning and ending termini as it pertains to this location for this project. Existing Structure Number(s) Insert the existing structure number(s) for this project. Add Location Use this button to add additional locations. A total of four additional locations can be added. If there are more than 5 locations, do not add each location. Instead insert "Various" in the first location field. Project Description Insert a description of the work to be accomplished by this project. Method of Financing This area is for state-let contract only. Check one. Method A If this box is checked, insert the dollar amount equal to 80% of the LPA's total obligation. Method B If this box is checked, insert the number of monthly payments needed to repay 80% of the LPA's estimated obligation. 62 BLR 05310C (Rev. 03/31/22) Instructions for BLR 05310C Page 2 of 3 Printed 08/03/22 Method C If this box is checked, insert the dollar amount of the LPA's share of the construction costs for this project. For State-Let Construction Projects Addenda Within the addenda table, check the box as applicable. Insert the item number of the addenda and a description of the item. 1. Location Map — Attach a location map to this agreement showing all locations being improved by this project. 2.Division of Cost — Insert the division of cost age (see separate instructions for completing this document). 3. LPA Resolution — The LPA must pass an appropriation resolution covering the local share of the project and must grant signature authority to the signee. Attach the resolution as Addendum 3. If BLR 09110 or BLR 09120 are used to appropriate local fund, attach these forms to the signature authorization resolution. 4. IDOT Fiscal Approval Signature Page. Approved Local Public Agency The appropriate LPA official shall insert their name, sign, and date. Insert the LPA’s TIN number, DUNS Number, and the UEI (note the UEI will be replacing the DUNS Number https://sam.gov/content/duns-uei). Illinois Dept. of Transportation The appropriate IDOT official shall sign and date here. Division of Cost Table When the LPA desires to use one or more lump-sum amounts before the federal percentage is calculated, specify the order in which it should be used and the "not to exceed" amount. The following provides an example of the wording that may be used: Lump-sum $60,000 TARP funds not to exceed 50% of final cost of project credited to the project to be utilized first. Lump-sum to be utilized second not to exceed $20,000 EDP funds. Lump-sum to be utilized third not to exceed $40,000 SMA funds. These specified amounts will be used in sequence, with the federal and local percentages calculated after they are deducted. When the LPA desires to use a percent "not to exceed" commitment, the federal and state funds will be used concurrently at the specified percentages up the the "not to exceed" amount. Example: Maximum STR participation 80% not to exceed $100,000. Lump-sum SMA not to exceed $20,000 to be used as a match to the federal funds. Be advised that the "not to exceed" amount specified under a percentage commitment will be tied up and unavailable for programming until the project is closed out and a documentation review has been completed by IDOT or FHWA, if required. Division of Cost Table Use a separate line for each type of work as it relates to the fund type for federal, state and/or LPA funds. Type of Work Choose the type of work from the drop-down list. Types to choose from are: Participating Construction, Non-Participating Construction, Construction Engineering, Railroads, Utilities, and Materials. Federal Funds If federal funds are being used on this project complete the following for federal funds. Fund Type Choose the type of federal fund type from the drop-down. Amount Insert the amount of federal funds for the type of listed under fund type. % Insert the percentage of federal funds for this type. State Funds If state funds are being used on this project complete with following for state funds. Fund Type Choose the type of state fund type from the drop-down. Amount Insert the amount of state funds for the type of listed under fund type. % Insert the percentage of state funds for this type. Local Public Agency Funds Fund Type Choose the type of LPA funds from the drop-down. Amount Insert the amount of LPA funds for the type of listed under fund type. % Insert the percentage of LPA funds for this type. Explanation Insert any necessary additional information as to how the funding is being applied for this project. A minimum of three (3) originals executed by the LPA must be submitted to the District through it s Regional Engineer's Office. Distribution will be as follows: District file Bureau of local Roads Central Office (2) Printing Instructions For the document to print properly, please make sure "Orientation" is set to "Auto" (see image below) within the print dialog window. If this setting is not chosen, then some pages may be cut off during the printing process. 63 LOCATION MAP Green Street, 20-00087-00-RS Project Location N Addendum 1 64 RESOLUTION No: ____________ A Resolution for: Section No.: 20-00087-00-RS Job No.: C-91-081-22 Project No.: KVGS(364) WHEREAS, the City of McHenry is proposing to improve a segment of Green Street from Municipal Drive to IL 120 that is approximately 1.58 miles in length. WHEREAS, the above stated improvement will necessitate the use of funding provided through the Illinois Department of Transportation (IDOT); and signee WHEREAS, the use of these funds requires a joint funding agreement (AGREEMENT) with IDOT; and WHEREAS, the improvement requires matching funds; and WHEREAS, be it resolved by the Mayor and City Council: Section 1: The Mayor and City Council hereby agrees to appropriate two hundred sixty seven thousand three hundred ninety eight dollars ($267,398.00) or as much as may be needed to match the required funding to complete the proposed improvement from local funding sources and furthermore agree to pass a supplemental resolution if necessary to appropriate additional funds for completion of the project. Section 2: The Mayor is hereby authorized to execute an AGREEMENT with IDOT for the above-mentioned project. Section 3: This resolution will become Attachment 3 of the AGREEMENT. Section 4: The City Clerk of McHenry is directed to transmit 3 (three) copies of the AGREEMENT and Resolution to IDOT District One Bureau of Local Roads and Streets. I, Trisha Ramel, City Clerk in and for the City of McHenry, Illinois, and keeper of the records and files thereof, as provided by statute, do hereby certify the forgoing to be a true, perfect and complete copy of the resolution approved by the Mayor and City Council at its meeting on the _____ day of _________, 20__. IN TESTIMONY WEREOF; I have unto set my hand and seal, at my office, on this_____ day of _________, 20__. _______________________ _______________________ (seal) _______________________ 65 Grant Accountability and Transparency Act (GATA) Required Uniform Reporting The Grant Accountability and Transparency Act (30 ILCS 708), requires a uniform reporting of expenditures. Uniform reports of expenditures shall be reported no less than quarterly using IDOT’s BoBS 2832 form available on IDOT’s web page under the “Resources” tab. Additional reporting frequency may be required based upon specific conditions, as listed in the accepted Notice of State Award (NOSA). Specific conditions are based upon the award recipient/grantee’s responses to the Fiscal and Administrative Risk Assessment (ICQ) and the Programmatic Risk Assessment (PRA). PLEASE NOTE: Under the terms of the Grant Funds Recovery Act (30 ILCS 705/4.1), “Grantor agencies may withhold or suspend the distribution of grant funds for failure to file requirement reports” if the report is more than 30 calendar days delinquent, without any approved written explanation by the grantee, the entity will be placed on the Illinois Stop Payment List. (Refer to the Grantee Compliance Enforcement System for detail about the Illinois Stop Payment List: https://www.illinois.gov/sites/GATA/Pages/ResourceLibrary.aspx ) Addendum 4 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: August 15, 2022 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: Wonder Lake Ski Team Haunted Hayride ATT: Wonder Lake Ski Team Request Letter Agenda Item Summary. The Wonder Lake Water Ski Show Team is requesting use of Petersen Park for their Annual Haunted Hayride to be held on October 7, 8, 14, and 15, 2022, permission to post temporary advertising signs in right -of -ways, and waiver of park us and sign permit fees. Background. Hayrides will begin at 7:00 PM and close at 10:30 PM. Advertising signs would be posted throughout the month of October in approved locations pursuant to Municipal Code Chapter 7.50. As in the previous years, parking, loading, and unloading of the wa gons will occur on the south side of McCullom Lake Road. Additional traffic control will be utilized on McCullom Road to alert drivers of wagons crossing from the hayfield to the main driveway of the farm. The Ski Team will be responsible for all additio nal costs incurred by the city for this service. Analysis. As detailed in the attached letter of request, the Wonder Lake Ski Team is a not for profit organization supporting local initiatives. Last year, event organizers adhered to the strict guidelines put in place to hold the event creating a mutually beneficial situation for the ski team event and the City. For these reasons staff has no concerns with the request as presented. Recommendation. If City Council concurs, then it is recommended to approve the use of Petersen Park, and waiver of park use and sign permit fees for the Wonder Lake Ski Show Team annual Haunted Hayride as presented. 67 68 69 Monte Johnson Deputy City Clerk 333 S Gre e n Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with th e highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA ITEM DATE: August 15, 2022 TO: Mayor and City Council FROM: Monte Johnson RE: Block Party Requests ATT: Applications, Maps, Signatures AGENDA ITEM SUMMARY: An application has been submitted by Kim Kachlic for the purpose of holding a block party on Saturday, August 20, between 2:00 p.m. and 7:00 p.m. They are requesting closure of Killala Drive as shown on the attached map. An application has been submitted by Wayne Braun for the purpose of holding a block party on Saturday, August 20, between 12:00 noon and 10:00 p.m. They are requesting closure of Jennifer Lane as shown on the attached map. An application has been submitted by Petra Kinnerk for the purpose of holding a block party on Saturday, September 17th, between 12:00 noon and 5:00 p.m. They are requesting closure of Dale Street as shown on the map. Background: The City of McHenry allows block parties on all residential streets providing they do not block intersecti ons, cul-de-sacs, or other roadways. To schedule a block party, City residents submit an application to the City Administrator’s office. There is no fee for the permit. Once approved, only moveable barriers (sawhorses) that are dropped off and picked up by Public Works can be used to control traffic. Blocking streets with vehicles is prohibited. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve the b lock party request on Killala Drive on August 20, 2022, from 2:00 p.m. – 7:00 p.m.; the block party 70 request on Jen nifer Lane on August 20, 2022, from 12:00 noon – 10:00 p.m.; and t he block party request on Dale Street on September 17, 2022, from 12:00 noon – 5:00 p.m. Public Works will provide barricades and the McHenry Township Fire Protection District and Police Depart ment will be notified of the event. 71 Application— Block Party Permit f MCHenly Date* 3/13/2022 Name* Kim Kachlic Address* Date of Block Party* 8/20/2022 Proposed Hours of 6718 Killala Dr Street Closure* Subdivision Name Legend Lakes Specific Location of Proposed Street Closure Street Name Closed* Killala Drive From what intersection To what Intersection Street or Address Killala/Galway Killala/Galway Special Notes or Closing down Killala Drive from end to end. Circumstances A sheet must be filled out that lists each address that will have restricted access to their driveway due to the street closure. The sheet must list the address and have a signature of each resident. Download that sheet here, and then upload that file with this application. You can also email that sheet separately to Monte Johnson at: mjohnson@cityofmchenry.org This application will not be taken to Council for approval until that form is completed and submitted. File Upload Signature* Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. 72 Ayr eDr GalwayDrFarm s teadDr KillalaLn AyreDr GlenmoorCt GalwayDr GalwayDrFarmsteadDr KillalaLn Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, andtheGISUser Community~ Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, andtheGISUser Community BlockParty - KillalaAvenue 1673 74 Date * 7/22/2022 Name * Wayne Braun Address* Date of Block Party* 8/20/2022 Proposed Hours of noon until 10:00 PM Street Closure* Subdivision Name Mill Creek Specific Location of Proposed Street Closure Street Name Closed* Jennifer Ln From what intersection To what Intersection Street or Address Orleans Preswick Special Notes or We would like to close our street for our annual block party. All neighbors are aware Circumstances and will be in attendance. Thank you A sheet must be filled out that lists each address that will have restricted access to their driveway due to the street closure. The sheet must list the address and have a signature of each resident. Download that sheet here, and then upload that file with this application. You can also email that sheet separately to Monte Johnson at: mjohnson@cityofmchenry.org This application will not be taken to Council for approval until that form is completed and submitted. File Upload Signature* Weot"wr Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. 75 WPrestwickSt JenniferLnNLeonardAveWOrleansStJen niferLnNLeonardAveSource: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, andtheGISUser Community~ Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, andtheGISUser Community BlockParty - JenniferLane Block76 77 4•-+4 McHenr Date* 8/1/2022 Name* Petra Kinnerk Address* Date of Block Party* 9 2 22 Proposed Hours of noon-5pm Street Closure* Subdivision Name Edgebrook Heights Specific Location of Proposed Street Closure Street Name Closed* Dale street From what intersection To what Intersection Street or Address Corner of Dale&Lee Corner of Dale&High Special Notes or Four families: running the block party Circumstances Kinnerk's, BennetYs, Rihani's and Santi's. Need street closures barricades.. A sheet must be filled out that lists each address that will have restricted access to their driveway due to the street closure. The sheet must list the address and have a signature of each resident. Download that sheet here, and then upload that file with this application. You can also email that sheet separately to Monte Johnson at: mjohnson@cityofmchenry.org This application will not be taken to Council for approval until that form is completed and submitted. File Upload Signature* f.'l f t/T ltt6lF' Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. 78 WHighSt WHighSt NDaleAveWLeeSt Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, andtheGISUser Community~ Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, andtheGISUser Community BlockParty - EdgebrookHeights Location of Block Party 3479 80 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.cityofmchenry.org/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: August 15, 2022 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: McHenry Parks & Recreation Facilities & Special Use permit requests ATT: Permit List and Applications All fees and documentation have been satisfactorily submitted for the attached McHenry Parks Recreation Facilities & Special Use permit requests. If Council concurs, then it is recommended a motion is considered to approve the attached McHenry Parks & Recreation Facilities & Special Use permit requests. 81 FOR COUNCIL MEETING ON AUGUST 15, 2022 Shelter Rental Alcohol Permits These are alcohol permit requests associated with shelter rentals or programs. Date Applicant Location Purpose None Shelter Special Use Permits These are special use requests associated with shelter rentals or programs. Date Applicant Location Purpose None Recreation Center/Lakeland Park Room Rental Alcohol Permits These are alcohol permit requests associated with Recreation Center room rentals or programs. Date Applicant Location Purpose 08/26/22 Robert Haefke Rooms A-B-C Folk Singer Concert 82 83 City Council Meeting Minutes August 1, 2022 Page 1 McHenry City Council Regular Meeting Minutes August 1, 2022 Call to Order The City Council of the City of McHenry, Illinois, met at McHenry City Hall, 333 S Green St, on Monday August 1, 2022, at 7:00 p.m. Roll Call Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller, Mayor Jett. Others present: Attorney McArdle, Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Economic Development Martin, Director of Parks and Recreation Hobson, Chief of Police Birk, and City Planner Sheriff. Pledge of Allegiance Mayor Jett led those present in the Pledge of Allegiance. Public Comment Laura Conter spoke about her property on Timothy Lane. She supplied pictures of her property showing water issues. She described what happens during rain falls in McHenry and asked if the Council could do something about her problems. Mayor Jett offered to meet with her and Director Strange to review the situation. Alderman Glab announced that he has a constituent watching the meeting online and asked that all Council members speak up because it is not possible for them to hear the meeting. Consent Agenda A.Appointment of Beth Staley as Landmark Commission Chair through April 30, 2023 B.Parks & Recreation Facilities & Special Use Permit Requests C.July 18, 2022 City Council Meeting Minutes 84 City Council Meeting Minutes August 1, 2022 Page 2 D. Issuance of Checks in the amount of $1,206,404.54 Alderman McClatchey asked to pull consent agenda item 5A. A motion was made by Alderwoman Miller and seconded by Alderman Santi to approve consent agenda items B through F as presented. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Strach, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Pulled Item 5A: Appointment of Beth Staley as Landmark Commission Chair through April 30, 2023. Alderman McClatchey wished to give a shoutout to Beth Staley. He has known her for a long time, she has deep roots in the City, and he looks forward to working with her on the Landmark Commission. A motion was made by Alderman McClatchey and seconded by Alderman Harding to approve the appointment of Beth Staley as Landmark Commission Chair through April 30, 2023. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Strach, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Individual Action Items Annexation of Property – Approve an Ordinance annexing approximately 148.03 acres of unincorporated tracts of land in McHenry County, Illinois Director Polerecky explained that the State statutes allow us to annex land that is 60 acres or less and surrounded on all sides by properties already annexed. Notices were sent out to all property owners and a notice was published in the Northwest Herald. Staff was directed by Council to move forward with annexing all surrounded properties in February of 2021. Director Polerecky and Planner Sheriff are available to answer any questions. Alderwoman Miller explained that a motion she will make will contain language to waive any fees needed for incoming properties to go through the Planning & Zoning process if necessary. Some properties may need use variations because they may be nonconforming to current City code. The City does not wish to make them stop any current uses and does not want to charge them fees to get their properties in compliance with use variations. Alderman McClatchey asked if it might be possible that some properties would get zoning changes. Director Polerecky stated that some properties may be farmed, and per ordinance t hey come into the City with a zoning classification that is very restrictive. One property may come in as Estate but will need to be changed to Agriculture to allow it to be farmed. Because the City 85 City Council Meeting Minutes August 1, 2022 Page 3 and County’s zoning areas are different, we will go through the process to get them changed to the appropriate City zoning district. Mayor Jett allowed members of the public to speak on the matter. Michael Bartolone stated that many people are apprehensive about this situation. He doesn’t understand what benefits the City will give him for his tax increase. Many of these properties are unique and he hopes the City will treat everybody as though they are individuals who purchased properties many years go. He hopes the City doesn’t take away certain rights and r aises taxes at the same time. Barbara Stoffel stated that this has been handled in a cold, insensitive, and disrespectful manner. Although they benefit from the City’s service, the City also benefits from them. They have had generations of law abiding citizens without being in the City’s boundaries. She did meet with Director Polerecky and Planner Sheriff, who were pleasant and informative. They have already had issues with Flood Brothers as they haven’t received any information on the trash service. She also mentioned an issue with the LED sign at Petersen Park, which shines in her home 24/7. A former auctioneer explained that the Council members need a lesson on how to project their voices. He also explained he left his former town because he didn’t like politics and wanted to be left alone. The short notice he was given didn’t give him enough time to contact the Council members individually. He wants time to find out the City’s plan, doesn’t want to be restricted, and wants to be able to talk to Council members individually. He asks that the Council reconsiders and gives residents time. Kathleen Sanchez stated that this annexation is not good for them and just costs them more money. She feels they are being singled out. Mitch Hodges moved to the county in 1973 to stay away from the city. He asked if the City will honor their rights and privileges just as the county did, what the City’s intentions were, and what benefits they get from being annexed. He asks that the City honor his agreement that th ey have with the County when they got their property’s zoning changed. Pam Spain explained that she is not part of the annexation but her neighbors are. She does not want to be annexed and does not want services from the City. She fears what the cost of well and septic would be if annexed. The fixed income people are not looking forward to this, and doesn’t feel people should be forced into something they don’t want. Nick Stubblefield stated that he previously called the City to ask if they could be invol untarily annexed. He realizes the person he spoke to doesn’t speak for this Council. He pointed out that we all pledged allegiance to the flag for liberty and justice for all, but they are now without liberty in this matter. He feels like his house is being burned down. He chose this unincorporated property so that he could use it for agriculture, and wants to stay zoned for agriculture. 86 City Council Meeting Minutes August 1, 2022 Page 4 Peter Culver bought this property eight years ago where they could have horses, chickens and goats, but they can’t have that in the City of McHenry. They also don’t have City water or sewer, and live 160 feet from a hookup. It would be expensive to have to tie on. He wants his freedom and does not want a code enforcement officer telling him what is right and wrong. He loves the people of McHenry and gets along with most of them, likes living here, and hopes to stay as long as he can afford it. A resident on Lillian Street asks if they are being singled out in their neighborhood. She didn’t hear from any of their neighbors. On a separate topic, she noted that Lillian Street has been crazy today because of the construction with the railroad tracks. Mayor Jett closed the public comment part of the meeting and opened it up for Council Discussion. Director Polerecky said he could help clarify some of the questions made by audience members. He explained that the City is not going to force anybody to hook up to the City’s water or sewer. If the well or septic fail in the future, however, the County will not allow well or septic to go back in if the services are available outside their homes. They may want to plan for the future but are not being forced into it with this annexation. He also explained that nobody is being singled out, as all properties wholly surrounded are being annexed. There is some additional land on Riverside that will be annexed in the future but weren’t able to be part of this annexation. All of Ponca Street is surrounded and all of those properties are coming into the City. Alderman McClatchey asked Chief of Police Birk what the difference is for police services for those inside or outside of the City limits. Chief Birk explained that all 911 calls come through the City’s dispatch center. Calls for the City are handled immediately by our officers, whi le those for the County or other agencies are forwarded on. The City police should also have a quicker response time than those waiting for the McHenry County Sheriff’s Department to respond on scene. Alderman Santi stated that he realizes nothing anyb ody can say tonight will make everybody feel better. This issue has been in front of the Council for years and we are finally acting on it. Other municipalities, like Crystal Lake, have begun this process as well. These are tough decisions but ones that need to be made. He appreciated everybody that came to the meeting tonight and appreciates the fact that they are comfortable and willing to speak. He also is confident in our availability to our citizens. He has had some discussions with audience member s, and thanked them for speaking their minds. Alderwoman Miller introduced herself as the Council member for Ward 7. She knows many people coming into our City and is sure that they will be able to quickly find her when needed. She and Planner Sheriff have engaged in good conversations with her residents and wants them to be able to keep their property use similar to how it is now. She explained that it is past time for the Council to move on this issue, and they have kicked the can down the road too lon g. She 87 City Council Meeting Minutes August 1, 2022 Page 5 does not want them to be unhappy residents, and she is a solution finder and not a problem maker. She is willing to listen and states that we are all here to help our residents. Alderman Glab addressed comments made that people support the library , fire district and schools. The issue is that each have different boundaries and they are different taxing bodies. The City’s taxes only make up a small portion of the property tax bill. Residents get a lot more for their money from the City’s part of the tax bill. Many people claim that they will not get anything in return by being annexed to the City, but Alderman Glab stated that most people have already been getting those benefits with the benefit of not having to pay taxes for them. The City plows many of the roads used by residents in these unincorporated pockets. He also stated that this is a scary process for everybody, but going through the Planning & Zoning process will help sort out what can and can’t be done. Alderman Santi asked Finance Director Lynch what portion of the property tax bill belongs to the City, and she stated that it is usually around six to seven percent. Alderwoman Miller brought up discussion about the traffic on Lillian Street with the road closure on Route 120. Chief Birk stated that they have been out all day trying to mitiga te the issue. Detours and assignments are out of the City’s control as it is an IDOT issue. We have informed them that their current system is not working correctly. They have mitigated the issues on Main Street and Lillian is controlled by two signals. They are having a meeting with a traffic control person from IDOT in the morning to try to fix the timing on the lights to help traffic flow better. A motion was made by Alderwoman Miller and seconded by Alderman Strach to approve an Ordinance annexing approximately 148.03 acres of unincorporated tracts of land in McHenry County, Illinois, and to waive all fees associated with going through the Planning & Zoning process to make the properties conforming and zoned properly. Roll Call: Vote: 8-ayes: Alderman Santi, Alderman Strach, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Devine, Alderwoman Miller, Mayor Jett. 0-nays, 0-abstained. Motion carried. Mayor Jett announced to the audience that the City wants to work with them, and that Cody Sheriff will work to make a good partnership and relationship. Planner Sheriff explained that his direct line and email address is in the letter that was sent to all annexed properties. He is in the process of putting a joint application together, and if people need zoning changes, they can discuss it with him. Executive Session A motion was made by Alderman McClachey and seconded by Alderman Strach to adjourn to executive session at 8:00 p.m. to discuss the purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired (5 ILCS 120/2(c)(5).); and to discuss potential litigation (5 ILCS 120/2(c)(11).). Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Strach, Alderman Glab, 88 City Council Meeting Minutes August 1, 2022 Page 6 Alderman McClatchey, Alderman Harding, Alderman Devine, Alderwoman Miller . 0-nays, 0- abstained. Motion carried. Mayor Jett reconvened the meeting out of executive session at 8:26 p.m. A roll call vote was taken. Roll call: Members present: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller, Mayor Jett. Mayor’s Report There was no report from Mayor Jett. City Council Comment Alderman Strach sent an email to Director Hobson to begin thinking about the future for our marina site and winter storage for boat owners. Director Hobson explained that we started in the spring and did not reach out to the other two marinas in town. He apologized to the Council for not going through that process but stated that he did reach out to Miller Marina and the Munson’s about what we could do next year. He did not receive a response back from Miller and had a discussion with Mary Jo Munson, although they may no longer be interested based on the fact that the City receives half of the revenue as the slip owners. The current leas ee is interested in continuing again next year and possibly using the cold boat stor age for this winter. Director Hobson will get all of the information from each marina together and come back to the next meeting with an agenda item to act on. Director Hobson explained that the current Riverwalk expansion is nearing completion. The railing should be completed in two weeks. He is happy with the way things look and how it wil turn out. The brick work behind After the Fox looks great. The installation of the splash pad is a month behind. Equipment has been delivered and Public Works has installed directional bores for water and sewer. The company should be on-site next week for installation. The contractor will lay the gravel base soon for the parking lot so that it may be paved. It will pr obably be two weeks before the project is completed. He also reported that a pump went out at the aquatic center. Fortunately, a contractor was able to fix the pump on site, so the pool should be running again tomorrow. Contractors did a good job on the foundation of the barn at Petersen Park, and we are waiting for installation of the roof. Alderman McClatchey asked about future dates for the Riverwalk construction. Director Hobson stated that we need money to take the plans from 80% completion to 100% completion. The property has been secured for the section between the two bridges. The next step is to finish those plans this year to hopefully bid for that work next summer. Adjournment 89 City Council Meeting Minutes August 1, 2022 Page 7 A motion was made by Alderman McClatchey and seconded by Alderman Strach to adjourn the meeting at 8:48 p.m. Roll call Vote: 7-ayes: Alderman McClatchey, Alderman Santi, Alderman Glab, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays, 0- abstained. Motion carried. Mayor Wayne Jett Deputy Clerk Monte Johnson _________________________________ ________________________________ 90 Expense Approval Register   McHenry, IL List of Bills Council Meeting ‐ 8‐15‐22        Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: AEP ENERGY   AEP ENERGY   INV0013479  08/15/2022  UTIL  100‐33‐5520  1,698.71 AEP ENERGY     INV0013479    08/15/2022    UTIL    100‐42‐5510    524.18 AEP ENERGY     INV0013479    08/15/2022    UTIL    100‐45‐5510    262.02 AEP ENERGY   INV0013479  08/15/2022  UTIL  400‐00‐5510  1,374.23 AEP ENERGY   INV0013480  08/15/2022  UTIL  510‐31‐5510  6,201.21 AEP ENERGY     INV0013480    08/15/2022    UTIL    510‐32‐5510    11,270.55 Vendor AEP ENERGY  Total: 21,330.90   Vendor: AQUA PA  AQUA PA  MS‐3852054  08/15/2022  READS  510‐32‐5110  160.80 Vendor AQUA PA Total:   160.80   Vendor: ARAMARK  ARAMARK    24687221    08/15/2022    D MACE UNIF    510‐31‐4510    88.41 Vendor ARAMARK Total:   88.41   Vendor: ARNOLD, ERIN  ARNOLD, ERIN    362760    08/15/2022    PGM CXL    100‐41‐3634    30.00 Vendor ARNOLD, ERIN Total:   30.00   Vendor: BAKER & SON CO, PETER  BAKER & SON CO, PETER    38412    08/15/2022    SFC    100‐33‐6110    640.75 BAKER & SON CO, PETER    38541    08/15/2022    SFC    100‐33‐6110    305.25 Vendor BAKER & SON CO, PETER Total:   946.00   Vendor: BAXTER & WOODMAN  BAXTER & WOODMAN    0236815    08/15/2022    RIVERSIDE DRIVE CS    100‐01‐8900    5,363.14 Vendor BAXTER & WOODMAN Total: 5,363.14   Vendor: BIANCHI, BRITTANY  BIANCHI, BRITTANY  364862  08/15/2022  CXL PGM  100‐41‐3634  65.00 Vendor BIANCHI, BRITTANY Total:   65.00   Vendor: BRAND, KRISTIN  BRAND, KRISTIN    364487    08/15/2022    2ND PL PAYOUT     100‐41‐3637    100.00 Vendor BRAND, KRISTIN Total:   100.00   Vendor: CDS OFFICE TECHNOLOGIES  CDS OFFICE TECHNOLOGIES    INV1471074    08/15/2022    PANASONIC ARBITRATOR    620‐00‐5110    1,875.00 Vendor CDS OFFICE TECHNOLOGIES Total:   1,875.00   Vendor: CENTURY SPRINGS  CENTURY SPRINGS    2920836    08/15/2022    LAB WATER    510‐32‐6110    22.57 CENTURY SPRINGS    2929049    08/15/2022    LAB WATER    510‐32‐6110    22.57 Vendor CENTURY SPRINGS Total: 45.14   Vendor: CHRISTOPHER B BURKE ENGINEERING, LTD  CHRISTOPHER B BURKE    176771    08/15/2022    MAIN ST P LOT REHAB    100‐01‐8900    1,078.00 CHRISTOPHER B BURKE    2    08/15/2022    KNOX PARK P LOT    100‐01‐8900    193,218.00 Vendor CHRISTOPHER B BURKE ENGINEERING, LTD Total:   194,296.00   Vendor: CLARK, RYAN  CLARK, RYAN    364490    08/15/2022    LEAGUE CHANGE ‐ JEXALS    100‐41‐3637    200.00 Vendor CLARK, RYAN Total: 200.00   Vendor: COMED  COMED  1021 8‐3‐22  08/15/2022  SHANNON DR LTS  100‐33‐5520  18,509.85 COMED  5026 7‐25‐22   08/15/2022  PW UTIL  100‐33‐5115  82.40 COMED    INV0013481    08/15/2022    UTIL    100‐33‐5520    23.19 COMED    INV0013481    08/15/2022    UTIL    100‐45‐5510    20.53 COMED  INV0013482  08/15/2022  UTIL  510‐32‐5510  53.44     8/10/2022 11:16:25 AM   91 Expense Approval Register Packet: APPKT02461 ‐ 8‐15‐22 AP CKS   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   COMED    INV0013482    08/15/2022    UTIL    510‐32‐5510    2,401.50 Vendor COMED Total:   21,090.91   Vendor: CONDUENT HR SERVICES LLC  CONDUENT HR SERVICES LLC    1645991    08/15/2022    ACCT MAINT BENEFIT WALLET    600‐00‐6960    78.75 Vendor CONDUENT HR SERVICES LLC Total:   78.75   Vendor: FOX VALLEY FIRE & SAFETY  FOX VALLEY FIRE & SAFETY  IN00535242  08/15/2022  MUN RADIO MAINT 5/16‐ 225‐00‐5110  2,873.00 FOX VALLEY FIRE & SAFETY    IN00536618    08/15/2022    RADIO INSTALL AUTHENTIX    225‐00‐5110    195.00 FOX VALLEY FIRE & SAFETY    IN00536648    08/15/2022    MUN RADIO MAINT 6/16‐   225‐00‐5110    2,899.00 Vendor FOX VALLEY FIRE & SAFETY Total:   5,967.00   Vendor: GAONA, VERONICA  GAONA, VERONICA    364860    08/15/2022    PGM CXL    100‐41‐3634    160.00 Vendor GAONA, VERONICA Total: 160.00   Vendor: GILPIN, GARY  GILPIN, GARY  INV0013483  08/15/2022  REFUND HEALTH INS  600‐00‐3653  3,186.86 Vendor GILPIN, GARY Total:   3,186.86   Vendor: GOVERNMENT FINANCE OFFICERS ASSOCIATION  GOVERNMENT FINANCE    2275702    08/15/2022    C LYNCH MSHIP REN    100‐04‐5410    225.00 Vendor GOVERNMENT FINANCE OFFICERS ASSOCIATION Total:   225.00   Vendor: HARVEY, MEGAN  HARVEY, MEGAN    364486    08/15/2022    1ST PLACE PAYOUT    100‐41‐3637    200.00 Vendor HARVEY, MEGAN Total:   200.00   Vendor: JH EVENTS AND FLOWERS, INC  JH EVENTS AND FLOWERS, INC    4442    08/15/2022    FLOWERS BILL HOBSON SVS    100‐01‐6940    53.00 Vendor JH EVENTS AND FLOWERS, INC Total: 53.00   Vendor: LEXISNEXIS  LEXISNEXIS  1236684‐20220731  08/15/2022  JULY SEARCHES AND CONTR  100‐22‐5110  135.50 Vendor LEXISNEXIS Total:   135.50   Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK  MCANDREWS PC, THE LAW    7‐25‐22    08/15/2022    JULY TRAFFIC    100‐01‐5230    4,000.00 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total:   4,000.00   Vendor: MCHENRY COUNTY COLLECTOR  MCHENRY COUNTY COLLECTOR    INV0013484    08/15/2022    2ND INSTALL    100‐01‐5110    3,237.02 MCHENRY COUNTY COLLECTOR    INV0013484    08/15/2022    2ND INSTALL    100‐01‐5110    7.48 MCHENRY COUNTY COLLECTOR  INV0013484  08/15/2022  2ND INSTALL  100‐01‐5110  7.68 MCHENRY COUNTY COLLECTOR    INV0013484    08/15/2022    2ND INSTALL    100‐01‐5110    7.68 MCHENRY COUNTY COLLECTOR    INV0013484    08/15/2022    2ND INSTALL    100‐01‐5110    2,807.32 MCHENRY COUNTY COLLECTOR    INV0013484    08/15/2022    2ND INSTALL    280‐41‐6940    1,093.24 MCHENRY COUNTY COLLECTOR  INV0013484  08/15/2022  2ND INSTALL  280‐41‐6940  3,724.49 MCHENRY COUNTY COLLECTOR    INV0013484    08/15/2022    2ND INSTALL    280‐41‐6940    34.69 MCHENRY COUNTY COLLECTOR    INV0013484    08/15/2022    2ND INSTALL    280‐41‐6940    291.82 MCHENRY COUNTY COLLECTOR    INV0013485    08/15/2022    2N INSTALL PROP TAX    590‐00‐6940    389.54 MCHENRY COUNTY COLLECTOR    INV0013485    08/15/2022    2N INSTALL PROP TAX    590‐00‐6940    12,851.61 Vendor MCHENRY COUNTY COLLECTOR Total:   24,452.57   Vendor: MCHENRY COUNTY RECORDER OF DEEDS  MCHENRY COUNTY RECORDER    INV0013486    08/15/2022    JULY REC FEES    510‐31‐6940    279.50 MCHENRY COUNTY RECORDER    INV0013486    08/15/2022    JULY REC FEES    510‐32‐6940    838.50 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total:   1,118.00   Vendor: MUNICIPAL COLLECTION SERVICES INC  MUNICIPAL COLLECTION    021820    08/15/2022    5/31/22 COLLECTIONS    100‐04‐5110    217.52 MUNICIPAL COLLECTION    022033    08/15/2022    6/30/22 COLLECTIONS #117    100‐04‐5110    169.81 MUNICIPAL COLLECTION  022034  08/15/2022  MCHPT1 NO 118 COLL 6/30/22  100‐04‐5110  400.18 Vendor MUNICIPAL COLLECTION SERVICES INC Total:   787.51   Vendor: NAPA AUTO PARTS MPEC  NAPA AUTO PARTS MPEC    1370 JULY STMT    08/15/2022    MTHLY    100‐22‐5370    139.49 NAPA AUTO PARTS MPEC  1370 JULY STMT  08/15/2022  MTHLY  100‐22‐6250  372.74     8/10/2022 11:16:25 AM   92 Expense Approval Register Packet: APPKT02461 ‐ 8‐15‐22 AP CKS   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   NAPA AUTO PARTS MPEC    1370 JULY STMT    08/15/2022    MTHLY    100‐33‐5370    603.16 NAPA AUTO PARTS MPEC    INV0013487    08/15/2022    MTHLY    510‐32‐5370    410.31 NAPA AUTO PARTS MPEC  INV0013487  08/15/2022  MTHLY  510‐32‐6110  39.45 NAPA AUTO PARTS MPEC    INV0013487    08/15/2022    MTHLY    510‐32‐6270    16.60 NAPA AUTO PARTS MPEC    INV0013487    08/15/2022    MTHLY    510‐35‐5370    89.88 NAPA AUTO PARTS MPEC    INV0013487    08/15/2022    MTHLY    510‐35‐6250    280.38 Vendor NAPA AUTO PARTS MPEC Total:   1,952.01   Vendor: PESEK, KATIE  PESEK, KATIE    364837    08/15/2022    PGM CXL    100‐41‐3634    80.00 Vendor PESEK, KATIE Total:   80.00   Vendor: RADICOM INC  RADICOM INC  308507  08/15/2022  ZETRON SYSTEM HDWR REFR  100‐22‐8300  76,899.82 Vendor RADICOM INC Total: 76,899.82   Vendor: ROBERTS, PATRICIA J  ROBERTS, PATRICIA J  P112852  08/15/2022  OVERPAID P TICKET  100‐22‐3510  25.00 Vendor ROBERTS, PATRICIA J Total:   25.00   Vendor: ROTHLISBERGER, DEBBI  ROTHLISBERGER, DEBBI    364827    08/15/2022    PGM CXL    100‐41‐3634    70.00 Vendor ROTHLISBERGER, DEBBI Total:   70.00   Vendor: SERPE, SAMUEL ROBERT  SERPE, SAMUEL ROBERT    7/7‐8/4/22    08/15/2022    WATER POLO     100‐42‐5110    360.50 Vendor SERPE, SAMUEL ROBERT Total: 360.50   Vendor: SHAW MEDIA  SHAW MEDIA    10474 7‐31‐22     08/15/2022    INVOL ANNEX PUBL    100‐03‐5330    337.10 Vendor SHAW MEDIA Total: 337.10   Vendor: STEPHENS, VALERIE  STEPHENS, VALERIE    364859    08/15/2022    PGM CXL    100‐41‐3634    265.00 Vendor STEPHENS, VALERIE Total:   265.00   Vendor: SYNCB/AMAZON  SYNCB/AMAZON    1231 7‐10‐22    08/15/2022    MTHLY PD    100‐22‐5370    25.95 SYNCB/AMAZON  1231 7‐10‐22  08/15/2022  MTHLY PD  100‐22‐6210  159.47 Vendor SYNCB/AMAZON Total:   185.42   Vendor: TOP TO BOTTOM CONSTRUCTION, INC  TOP TO BOTTOM    22‐07‐101    08/09/2022    OVERPYMT ON PERMIT    100‐00‐3410    25.00 Vendor TOP TO BOTTOM CONSTRUCTION, INC Total:   25.00   Vendor: VILLASENOR, ANGIE  VILLASENOR, ANGIE    364865    08/15/2022    PGM CXL    100‐41‐3634    55.00 Vendor VILLASENOR, ANGIE Total: 55.00   Vendor: WINNEBAGO LANDFILL CO  WINNEBAGO LANDFILL CO    10249    08/15/2022    SLUDGE    510‐32‐5580    262.80 Vendor WINNEBAGO LANDFILL CO Total: 262.80   Vendor: WOELKE, TIM  WOELKE, TIM  364488  08/15/2022  1ST PLACE   100‐41‐3637  300.00 Vendor WOELKE, TIM Total:   300.00        Grand Total: 366,773.14       8/10/2022 11:16:25 AM   93 Expense Approval Register Packet: APPKT02461 ‐ 8‐15‐22 AP CKS     Fund Summary      Fund    Expense Amount     100 ‐ GENERAL FUND    313,467.44     225 ‐ ALARM BOARD FUND  5,967.00    280 ‐ DEVELOPER DONATION FUND    5,144.24     400 ‐ RECREATION CENTER FUND    1,374.23     510 ‐ WATER/SEWER FUND    22,438.47     590 ‐ MARINA OPERATIONS FUND    13,241.15     600 ‐ EMPLOYEE INSURANCE FUND  3,265.61    620 ‐ INFORMATION TECHNOLOGY FUND    1,875.00     Grand Total:   366,773.14                           94 Expense Approval Register   McHenry, IL #2 List Bills Council Meeting ‐ 8‐15‐22       Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: ADAMS STEEL SERVICE & SUPPLY, INC  ADAMS STEEL SERVICE &  377689  08/15/2022  Oxygen tank INV#377689  510‐32‐6110  39.37 Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total:   39.37   Vendor: ADVANCE AUTO PARTS  ADVANCE AUTO PARTS  695422163  08/15/2022  804 (695422163)  510‐35‐5370  228.61 Vendor ADVANCE AUTO PARTS Total:   228.61   Vendor: AQUALAB WATER TREATMENT, INC  AQUALAB WATER TREATMENT,    9243    08/15/2022    9243    100‐03‐5120    100.00 Vendor AQUALAB WATER TREATMENT, INC Total:   100.00   Vendor: ARAMARK REFRESHMENT SERVICES LLC  ARAMARK REFRESHMENT    4577391    08/15/2022    Water filter #4577391    100‐01‐6110    61.41 ARAMARK REFRESHMENT    6905134    08/15/2022    Coffee Order #6905134    100‐01‐6110    132.80 Vendor ARAMARK REFRESHMENT SERVICES LLC Total:   194.21   Vendor: ARAMARK  ARAMARK    24755087    08/15/2022    Aramark Jason McMahon    510‐31‐4510    56.99 ARAMARK    24767914    08/15/2022    Aramark Jason    510‐31‐4510    22.98 Vendor ARAMARK Total:   79.97   Vendor: BLUE LINE, THE  BLUE LINE, THE    43618    08/15/2022    Dispatch Recruitment List    100‐23‐5110    298.00 Vendor BLUE LINE, THE Total:   298.00   Vendor: BUCK BROS INC  BUCK BROS INC  11420740  08/15/2022  streets     11420740  100‐33‐5370  74.53 Vendor BUCK BROS INC Total:   74.53   Vendor: BUILDING & FIRE CODE ACADEMY  BUILDING & FIRE CODE  3825  08/15/2022  3825  100‐03‐5430  195.00 Vendor BUILDING & FIRE CODE ACADEMY Total:   195.00   Vendor: BURRIS EQUIPMENT COMPANY  BURRIS EQUIPMENT COMPANY    RC2003239‐1    08/15/2022    Crawler Dozer RC2003239‐1    100‐33‐6110    1,574.00 BURRIS EQUIPMENT COMPANY    RC2003239‐2    08/15/2022    Crawler Dozer RC2003239‐2    100‐33‐6110    1,368.00 BURRIS EQUIPMENT COMPANY    RC2003239‐3    08/15/2022    Crawler Dozer RC2003239‐3    100‐33‐6110    1,368.00 Vendor BURRIS EQUIPMENT COMPANY Total:   4,310.00   Vendor: CABAY & COMPANY INC  CABAY & COMPANY INC    66320    08/15/2022    City wide use paper supplies     100‐01‐6110    2,610.20 Vendor CABAY & COMPANY INC Total:   2,610.20   Vendor: CAREY ELECTRIC  CAREY ELECTRIC    404037    08/15/2022    Municipal Dr street lights    100‐33‐5110    566.00 Vendor CAREY ELECTRIC Total:   566.00   Vendor: CITY ELECTRIC SUPPLY  CITY ELECTRIC SUPPLY    MCH/013332    08/15/2022    Digester Radar Cable    510‐32‐5375    91.53 Vendor CITY ELECTRIC SUPPLY Total: 91.53   Vendor: COMCAST CABLE  COMCAST CABLE    0291 8‐1‐22    08/15/2022    CH Cable TV    620‐00‐5110    27.40 COMCAST CABLE    7920 7‐27‐22    08/15/2022    CH Monthly Internet    620‐00‐5110    168.40 Vendor COMCAST CABLE Total: 195.80   Vendor: CONSERV FS  CONSERV FS  65141684  08/15/2022  Park Supplies   100‐45‐6110  301.75 Vendor CONSERV FS Total:   301.75       8/10/2022 11:17:34 AM   95 Expense Approval Register Packet: APPKT02462 ‐ 8‐15‐22 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: CORE & MAIN  CORE & MAIN    R159702    08/15/2022    Break away kit for hydrant    510‐31‐6110    399.00 Vendor CORE & MAIN Total:   399.00   Vendor: CUMMINS INC  CUMMINS INC    F2‐64933    08/15/2022    Orange Portable  INV# F2‐   510‐32‐5380    103.03 Vendor CUMMINS INC Total:   103.03   Vendor: DAHM ENTERPRISES, INC  DAHM ENTERPRISES, INC    1554    08/15/2022    July Biosolids Disposal # 1554    510‐32‐5580    614.79 Vendor DAHM ENTERPRISES, INC Total: 614.79   Vendor: DREISILKER ELECTRIC MOTORS INC  DREISILKER ELECTRIC MOTORS  I219258  08/15/2022  1.5m BFP Motor Brushes INV#  510‐32‐5375  160.40 DREISILKER ELECTRIC MOTORS    I219398    08/15/2022    Micro Screen wash water seal    510‐32‐5375    737.99 Vendor DREISILKER ELECTRIC MOTORS INC Total: 898.39   Vendor: E. ARIEL ROOFING SOLUTIONS, LLC  E. ARIEL ROOFING SOLUTIONS,  3219  08/15/2022  Install Tall cone  100‐01‐8200  1,026.00 Vendor E. ARIEL ROOFING SOLUTIONS, LLC Total:   1,026.00   Vendor: EBY GRAPHICS INC  EBY GRAPHICS INC    9529    08/15/2022    Repair 314/316 Number    100‐22‐5370    261.18 Vendor EBY GRAPHICS INC Total:   261.18   Vendor: ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP  ED'S AUTOMOTIVE/JIM'S    #415     08/15/2022    Vehicle Safety Inspection #415    100‐33‐5370    30.00 ED'S AUTOMOTIVE/JIM'S    #634 JULY INSP    08/15/2022    Vehicle Safety Inspections #634    510‐32‐5370    44.50 ED'S AUTOMOTIVE/JIM'S  #802 JULY INSP  08/15/2022  Vehicle Safety Inspection #802  510‐35‐5370  44.50 Vendor ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP Total:   119.00   Vendor: ENVIRONMENTAL AQUATIC MGMT LLC  ENVIRONMENTAL AQUATIC    16214    08/15/2022    Pond Management    100‐45‐5110    1,500.00 Vendor ENVIRONMENTAL AQUATIC MGMT LLC Total:   1,500.00   Vendor: FISCHER BROS FRESH  FISCHER BROS FRESH    18008‐2    08/15/2022    2023 Road Program ‐ ADA    100‐33‐6110    585.01 FISCHER BROS FRESH    18196    08/15/2022    2023 Road Program ‐ ADA    100‐33‐6110    893.00 FISCHER BROS FRESH  18229  08/15/2022  2023 Road Program ‐ ADA  100‐33‐6110  521.00 FISCHER BROS FRESH  18230  08/15/2022  2023 Road Program ‐ ADA  100‐33‐6110  595.01 FISCHER BROS FRESH    18248    08/15/2022    2023 Road Program ‐ ADA    100‐33‐6110    669.00 Vendor FISCHER BROS FRESH Total: 3,263.02   Vendor: FOXCROFT MEADOWS INC  FOXCROFT MEADOWS INC    206892    08/15/2022    Straw & Seed #206892    100‐33‐6110    1,039.00 Vendor FOXCROFT MEADOWS INC Total:   1,039.00   Vendor: FRONTLINE PUBLIC SAFETY SOLUTIONS  FRONTLINE PUBLIC SAFETY  FL95820  08/15/2022  Software renewal  100‐23‐5110  4,025.70 Vendor FRONTLINE PUBLIC SAFETY SOLUTIONS Total:   4,025.70   Vendor: GALLS LLC  GALLS LLC    021675848    08/15/2022    New hire uniform order    100‐22‐4510    238.46 GALLS LLC    021676613    08/15/2022    Uniform Order ‐ Varvil    100‐22‐4510    152.29 GALLS LLC  021676746  08/15/2022  Uniform Order ‐ Pardue  100‐22‐4510  172.25 GALLS LLC    021690085    08/15/2022    Uniform Order ‐ Aalto    100‐22‐4510    53.05 GALLS LLC    021719569    08/15/2022    Uniform Order ‐ McKeen    100‐22‐4510    132.12 GALLS LLC    021719610    08/15/2022    Uniform Order ‐ Clesen    100‐22‐4510    207.47 GALLS LLC  021744573  08/15/2022  Uniform Order ‐ Zujewski  100‐23‐4510  21.20 GALLS LLC    021753074    08/15/2022    Uniform Order ‐ Hernandez    100‐22‐4510    153.52 GALLS LLC    021790363    08/15/2022    Uniform Order ‐ Zajac    100‐22‐4510    186.84 GALLS LLC    021799692    08/15/2022    Uniform Order ‐ Barrows    100‐23‐4510    245.99 GALLS LLC    021799712/021567307CR    08/15/2022    Uniform Order ‐ Ehardt    100‐22‐4510    50.18 GALLS LLC  021810207  08/15/2022  Uniform Order ‐ Fitgerald  100‐23‐4510  52.15 Vendor GALLS LLC Total:   1,665.52       8/10/2022 11:17:34 AM   96 Expense Approval Register Packet: APPKT02462 ‐ 8‐15‐22 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: GOLD MEDAL PRODUCTS  GOLD MEDAL PRODUCTS    391615    08/15/2022    Invoice 391615    100‐44‐6110    307.34 Vendor GOLD MEDAL PRODUCTS Total:   307.34   Vendor: GRAINGER  GRAINGER    9310348785    08/15/2022    Pool Supplies     100‐42‐6110    515.43 GRAINGER    9389605024    08/15/2022    Electrical supplies    100‐45‐6110    145.65 Vendor GRAINGER Total:   661.08   Vendor: GREAT LAKES LINE‐X  GREAT LAKES LINE‐X    51721    08/15/2022    Truck supplies     100‐01‐8300    1,114.00 Vendor GREAT LAKES LINE‐X Total:   1,114.00   Vendor: HAWKINS INC  HAWKINS INC    6244716    08/15/2022    Hawkins  inv# 6244716    510‐31‐6110    2,634.64 Vendor HAWKINS INC Total: 2,634.64   Vendor: HEARTLAND BUSINESS SYSTEMS, LLC  HEARTLAND BUSINESS  535993‐H  08/15/2022  Technical Support ‐ Azure AD  620‐00‐5110  231.25 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total:   231.25   Vendor: HITCHCOCK DESIGN, INC  HITCHCOCK DESIGN, INC    28317    08/15/2022    Miller Point Design Services    280‐41‐8800    11,500.00 Vendor HITCHCOCK DESIGN, INC Total:   11,500.00   Vendor: INTERSTATE ALL BATTERY CENTER  INTERSTATE ALL BATTERY    1903701049168    08/15/2022    UPS Batteries    510‐32‐5375    233.80 Vendor INTERSTATE ALL BATTERY CENTER Total:   233.80   Vendor: INTERSTATE BILLING SERVICE INC  INTERSTATE BILLING SERVICE    3028672079    08/15/2022    410 (3028672079)    100‐33‐5370    7,436.80 INTERSTATE BILLING SERVICE    3028713857    08/15/2022    410 (3028713857)    100‐33‐5370    2,953.02 Vendor INTERSTATE BILLING SERVICE INC Total:   10,389.82   Vendor: JG UNIFORMS INC  JG UNIFORMS INC    101827    08/15/2022    Body armor ‐ Morales    100‐22‐6270    880.00 JG UNIFORMS INC    101890    08/15/2022    Body Armor ‐ Polidori    100‐22‐6270    880.00 JG UNIFORMS INC    101895    08/15/2022    Body Armor ‐ Funk    100‐22‐6270    880.00 JG UNIFORMS INC  101899  08/15/2022  Body Armor ‐ Hendrickson  100‐22‐6270  880.00 JG UNIFORMS INC  101900  08/15/2022  Body Armor ‐ Spohn  100‐22‐6270  880.00 JG UNIFORMS INC    101902    08/15/2022    Body Armor ‐ J. Ducak    100‐22‐6270    880.00 JG UNIFORMS INC    102079    08/15/2022    Vest Cover ‐ Sterwerf    100‐22‐6270    198.49 JG UNIFORMS INC    102132    08/15/2022    Body Armor ‐ Pardue    100‐22‐6270    880.00 JG UNIFORMS INC    102134    08/15/2022    Body Armor ‐ Aalto    100‐22‐6270    880.00 Vendor JG UNIFORMS INC Total:   7,238.49   Vendor: KNAPHEIDE EQUIPMENT CO‐CHICAGO  KNAPHEIDE EQUIPMENT CO‐   CIS5811    08/15/2022    333 (CIS5811)    100‐22‐5370    627.53 KNAPHEIDE EQUIPMENT CO‐ CIS6335  08/15/2022  parks      cis6335  100‐45‐5370  56.63 Vendor KNAPHEIDE EQUIPMENT CO‐CHICAGO Total:   684.16   Vendor: LIFEGUARD STORE INC, THE  LIFEGUARD STORE INC, THE    INV001228578    08/15/2022    Water polo goals    100‐42‐6110    4,310.00 Vendor LIFEGUARD STORE INC, THE Total:   4,310.00   Vendor: MAD BOMBER FIREWORKS  MAD BOMBER FIREWORKS    2348    08/15/2022    Fireworks    100‐41‐6920    22,000.00 Vendor MAD BOMBER FIREWORKS Total:   22,000.00   Vendor: MCCANN INDUSTRIES INC  MCCANN INDUSTRIES INC    WO2376    08/15/2022    811 (WO2376)    510‐35‐5370    3,447.83 Vendor MCCANN INDUSTRIES INC Total: 3,447.83   Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC  MENDEZ LANDSCAPING &  13319  08/15/2022  Contracutal Landscaping   100‐45‐5110  3,000.00 MENDEZ LANDSCAPING &    13340    08/15/2022    13340    100‐03‐5120    450.00 Vendor MENDEZ LANDSCAPING & BRICK PAVERS INC Total: 3,450.00   Vendor: MID AMERICAN WATER OF WAUCONDA INC  MID AMERICAN WATER OF  251078W  08/15/2022  10" sewer pipe,6" valve,100'  510‐31‐6110  4,885.30   8/10/2022 11:17:34 AM   97 Expense Approval Register Packet: APPKT02462 ‐ 8‐15‐22 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   MID AMERICAN WATER OF    251230W    08/15/2022    Digester Valve‐QTY‐2 6" flange    510‐32‐5375    117.20 MID AMERICAN WATER OF    251391W    08/15/2022    Storm sewer couplings    100‐33‐6110    492.00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total:   5,494.50   Vendor: MIDWEST HOSE AND FITTINGS INC  MIDWEST HOSE AND FITTINGS    219670    08/15/2022    Disc Filter Grease fittings INV#    510‐32‐5375    37.59 Vendor MIDWEST HOSE AND FITTINGS INC Total:   37.59   Vendor: MINDS IN MOTION OF NJ LLC  MINDS IN MOTION OF NJ LLC    1290    08/15/2022    Cont ‐ Robot Class    100‐46‐5110    840.00 Vendor MINDS IN MOTION OF NJ LLC Total: 840.00   Vendor: MINUTEMAN PRESS OF MCH  MINUTEMAN PRESS OF MCH  97338  08/15/2022  Office ‐ Business Cards  100‐41‐6210  82.00 Vendor MINUTEMAN PRESS OF MCH Total:   82.00   Vendor: MOTOROLA  MOTOROLA    6696920220706    08/15/2022    Monthly Starcom21 Invoice    100‐22‐5320    891.00 Vendor MOTOROLA Total:   891.00   Vendor: MULCH CENTER, THE  MULCH CENTER, THE    294588    08/15/2022    Playground Mulch    100‐45‐6110    2,800.00 MULCH CENTER, THE    294589    08/15/2022    Playground Mulch    100‐45‐6110    1,400.00 Vendor MULCH CENTER, THE Total:   4,200.00   Vendor: NCL OF WISCONSIN INC  NCL OF WISCONSIN INC    474141    08/15/2022    Lab Supplies    510‐32‐6110    989.02 Vendor NCL OF WISCONSIN INC Total:   989.02   Vendor: NELBUD SERVICES LLC  NELBUD SERVICES LLC    25781748    08/15/2022    1415 Ind. Annual Sprinkler Insp.    100‐33‐5115    317.00 Vendor NELBUD SERVICES LLC Total: 317.00   Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC  NORTHWEST ELECTRICAL  17543445  08/15/2022  Electrical Supplies   100‐45‐6110  201.38 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total:   201.38   Vendor: OFFICIAL FINDERS LLC  OFFICIAL FINDERS LLC    10757    08/15/2022    Invoice 10757    100‐47‐5110    520.00 Vendor OFFICIAL FINDERS LLC Total:   520.00   Vendor: OLSON AUTO BODY  OLSON AUTO BODY    RO525    08/15/2022    Vehicle repair ‐ 314    100‐22‐5370    1,091.72 Vendor OLSON AUTO BODY Total:   1,091.72   Vendor: PACE ANALYTICAL SERVICES, LLC  PACE ANALYTICAL SERVICES,    I9521353    08/15/2022    Pace Monthly invoice  July    510‐31‐5110    988.26 Vendor PACE ANALYTICAL SERVICES, LLC Total: 988.26   Vendor: PETROCHOICE LLC  PETROCHOICE LLC  50945311  08/15/2022  hyd oil (50945311)  510‐35‐6250  1,116.63 PETROCHOICE LLC    50953941    08/15/2022    Fuel ‐ UTY ‐ 50953941    510‐35‐6250    527.06 PETROCHOICE LLC    50953952    08/15/2022    50953952    100‐03‐6250    161.49 PETROCHOICE LLC    50953953    08/15/2022    Fuel ‐ WW ‐ 50953953    510‐32‐6250    107.99 PETROCHOICE LLC  50953954  08/15/2022  Fuel ‐ WTR ‐ 50953954  510‐31‐6250  175.12 PETROCHOICE LLC    50953955    08/15/2022    Fuel    100‐45‐6250    570.39 PETROCHOICE LLC    50953956    08/15/2022    Fuel ‐ STS ‐ 50953956    100‐33‐6250    1,343.73 PETROCHOICE LLC    50953957    08/15/2022    Fuel ‐ 50953957    100‐22‐6250    3,321.65 PETROCHOICE LLC    50959538    08/15/2022    Fuel ‐ UTY ‐ 50959538    510‐35‐6110    867.72 PETROCHOICE LLC    50959550    08/15/2022    50959550    100‐03‐6250    405.38 PETROCHOICE LLC    50959551    08/15/2022    Fuel ‐ WW ‐ 50959551    510‐32‐6250    439.71 PETROCHOICE LLC    50959552    08/15/2022    Fuel ‐ WTR ‐ 50959552    510‐31‐6250    241.95 PETROCHOICE LLC    50959553    08/15/2022    Fuel #50959533    100‐45‐6250    1,031.65 PETROCHOICE LLC  50959554  08/15/2022  Fuel ‐ STS ‐ 50959554  100‐33‐6250  1,414.52 PETROCHOICE LLC  50959555  08/15/2022  Fuel ‐ 50959555  100‐22‐6250  3,656.28 Vendor PETROCHOICE LLC Total:   15,381.27       8/10/2022 11:17:34 AM   98 Expense Approval Register Packet: APPKT02462 ‐ 8‐15‐22 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: PH&S PRODUCTS  PH&S PRODUCTS    0015539‐IN    08/15/2022    Evidence Supplies    100‐22‐6210    588.00 Vendor PH&S PRODUCTS Total:   588.00   Vendor: PITEL SEPTIC INC  PITEL SEPTIC INC    22079    08/15/2022    Toilet rentals sidewalk sales `    100‐45‐5110    700.00 PITEL SEPTIC INC    22180    08/15/2022    Portable toilets    100‐45‐5110    720.00 Vendor PITEL SEPTIC INC Total:   1,420.00   Vendor: PROSAFETY INC  PROSAFETY INC    2/888530    08/15/2022    Utility Locate Flags (Water)    510‐31‐6110    283.20 PROSAFETY INC    2/888530    08/15/2022    Utility Locate Flags    510‐32‐6110    283.20 Vendor PROSAFETY INC Total:   566.40   Vendor: ROCK 'N' KIDS INC  ROCK 'N' KIDS INC    MCHSUII22    08/15/2022    Cont ‐ Rock n Kids    100‐46‐5110    340.00 Vendor ROCK 'N' KIDS INC Total:   340.00   Vendor: ROTARY CLUB OF MCHENRY  ROTARY CLUB OF MCHENRY    3587    08/15/2022    Rotary Dues ‐ Spohn    100‐22‐5410    93.75 Vendor ROTARY CLUB OF MCHENRY Total: 93.75   Vendor: SIGNS BY FRY  SIGNS BY FRY  2022292  08/15/2022  Park Signage Galway  100‐45‐5110  1,125.00 Vendor SIGNS BY FRY Total:   1,125.00   Vendor: SNAPOLOGY OF MCHENRY  SNAPOLOGY OF MCHENRY    1157    08/15/2022    Program ‐ Snapology Jr. Camp    100‐46‐5110    304.00 Vendor SNAPOLOGY OF MCHENRY Total:   304.00   Vendor: STANS LPS MIDWEST  STANS LPS MIDWEST    369050    08/15/2022    MFP Monthly Page Count Ricoh    620‐00‐5110    449.34 Vendor STANS LPS MIDWEST Total:   449.34   Vendor: STAPLES BUSINESS CREDIT  STAPLES BUSINESS CREDIT    1643307188    08/15/2022    Office Supplies ‐ STS ‐    100‐33‐6210    56.12 Vendor STAPLES BUSINESS CREDIT Total: 56.12   Vendor: SUNNYSIDE COMPANY  SUNNYSIDE COMPANY  110965  08/15/2022  Vehicle Repars  100‐45‐5370  235.90 Vendor SUNNYSIDE COMPANY Total:   235.90   Vendor: THOMPSON ELEVATOR INSPECTION SERV INC  THOMPSON ELEVATOR    22‐1686    08/15/2022    1415 Industrial ‐ Lift Inspection    100‐33‐5115    185.00 Vendor THOMPSON ELEVATOR INSPECTION SERV INC Total:   185.00   Vendor: TOPS IN DOG TRAINING CORP  TOPS IN DOG TRAINING CORP    25114    08/15/2022    K9 training ‐ food    100‐22‐6310    564.20 Vendor TOPS IN DOG TRAINING CORP Total:   564.20   Vendor: ULTRA STROBE COMMUNICATIONS INC  ULTRA STROBE    081556    08/15/2022    Vehicle equipment    100‐01‐8300    2,967.50 ULTRA STROBE    081625    08/15/2022    Swap controller 327    100‐22‐5370    95.00 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 3,062.50   Vendor: VERIZON CONNECT FLEET USA LLC  VERIZON CONNECT FLEET USA    306000032849    08/15/2022    GPS For PW Vehicle Fleet    620‐00‐5110    497.50 Vendor VERIZON CONNECT FLEET USA LLC Total: 497.50   Vendor: VICTOR FORD, INC  VICTOR FORD, INC  165536  08/15/2022  321 (165536)  100‐22‐5370  193.71 VICTOR FORD, INC    165556    08/15/2022    314 (165556)    100‐22‐5370    32.73 VICTOR FORD, INC    165601    08/15/2022    441 (165601)    100‐33‐5370    13.12 VICTOR FORD, INC    165670    08/15/2022    433 (165670)    100‐33‐5370    74.25 VICTOR FORD, INC    165732    08/15/2022    502     165732    510‐31‐5370    315.34 Vendor VICTOR FORD, INC Total:   629.15   Vendor: XYLEM WATER SOLUTIONS USA INC  XYLEM WATER SOLUTIONS USA    3556C28212    08/15/2022    Hemlock Lift‐New Pumps    510‐32‐5380    1,384.00     8/10/2022 11:17:34 AM   99 Expense Approval Register Packet: APPKT02462 ‐ 8‐15‐22 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   XYLEM WATER SOLUTIONS USA    3556C28557    08/15/2022    Hemlock Lift‐New Pumps    510‐32‐5380    12,709.00 Vendor XYLEM WATER SOLUTIONS USA INC Total:   14,093.00        Grand Total:   147,645.61                     8/10/2022 11:17:34 AM   100 Expense Approval Register Packet: APPKT02462 ‐ 8‐15‐22 RECT INV     Fund Summary      Fund    Expense Amount     100 ‐ GENERAL FUND    100,443.47     280 ‐ DEVELOPER DONATION FUND  11,500.00    510 ‐ WATER/SEWER FUND    34,328.25     620 ‐ INFORMATION TECHNOLOGY FUND    1,373.89     Grand Total:   147,645.61                             101 AS NEEDED CHECKS COUNCIL MEETING 8-15-22 620 620-00-5320 AT&T 07/01/2022 $362.50 620 620-00-5110 AT&T 07/01/2022 $1,501.27 620 620-00-5320 AT&T 07/01/2022 $690.68 620 620-00-5110 AT&T 07/01/2022 $1,114.37 620 620-00-5320 AT&T LONG DISTANCE 07/01/2022 $0.48 100 100-33-6110 BAKER & SON CO, PETER 07/01/2022 $88.00 100 100-33-6110 BAKER & SON CO, PETER 07/01/2022 $5,928.45 510 510-31-6110 BAKER & SON CO, PETER 07/01/2022 $276.10 510 510-32-6110 BAKER & SON CO, PETER 07/01/2022 $277.75 100 100-03-5110 BILLY GOAT LAWN CARE 07/01/2022 $860.00 100 100-01-8200 C&S FABRICATION SERVICES, INC 07/01/2022 $21,355.20 100 100-03-5120 CINTAS CORPORATION LOC 355 07/01/2022 $95.86 100 100-33-4510 CINTAS CORPORATION LOC 355 07/01/2022 $260.12 100 100-33-6110 CINTAS CORPORATION LOC 355 07/01/2022 $269.68 510 510-31-4510 CINTAS CORPORATION LOC 355 07/01/2022 $111.28 510 510-32-4510 CINTAS CORPORATION LOC 355 07/01/2022 $960.88 510 510-32-5510 COMED 07/01/2022 $4,252.35 510 510-32-5510 COMED 07/01/2022 $68.21 100 100-33-5520 COMED 07/01/2022 $29.86 100 100-45-5510 COMED 07/01/2022 $14.99 100 100-33-5520 CONSTELLATION NEWENERGY INC 07/01/2022 $1,355.63 100 100-44-5510 CONSTELLATION NEWENERGY INC 07/01/2022 $22.61 100 100-03-5110 EAGLE BIOMASS INC 07/01/2022 $10,000.00 100 100-01-8300 EBY GRAPHICS INC 07/01/2022 $3,095.00 100 100-42-5110 GAFRICK,FRED 07/01/2022 $100.00 100 100-03-5110 HARRISON & ASSOCIATES INC 07/01/2022 $1,800.00 620 620-00-5110 HEARTLAND BUSINESS SYSTEMS, LLC 07/01/2022 $3,833.69 100 100-03-5110 HUEMANN & SONS INC, JOSEPH H 07/01/2022 $2,526.24 100 100-22-6210 IMPACT NETWORKING LLC 07/01/2022 $30.00 100 100-33-5370 INTERSTATE BILLING SERVICE INC 07/01/2022 $4,929.56 100 100-33-5370 INTERSTATE BILLING SERVICE INC 07/01/2022 $1,595.82 100 100-33-5370 INTERSTATE BILLING SERVICE INC 07/01/2022 $243.72 760 760-00-5110 LPL FINANCIAL 07/01/2022 $17,094.60 100 100-47-5110 MCHENRY COMMUNITY SCHOOL DIST #15 07/01/2022 $1,623.73 100 100-01-5410 MCHENRY COUNTY COUNCIL OF GOVERNMENTS 07/01/2022 $8,097.00 100 100-33-6110 NEENAH FOUNDRY CO 07/01/2022 $3,103.40 100 100-22-6270 NORTH AMERICAN RESCUE LLC 07/01/2022 $2,519.00 100 100-06-5110 PEARL STREET MARKET NFP 07/01/2022 $100.00 510 510-32-8500 PROPERTY WERKS OF NORTHERN IL 07/01/2022 $2,575.00 100 100-01-5110 PROSHRED SECURITY 07/01/2022 $272.00 100 100-22-5110 PROSHRED SECURITY 07/01/2022 $70.05 100 100-46-6112 RECORD-A-HIT-ENTERTAINMENT 07/01/2022 $400.00 100 100-01-8200 REICHE'S PLUMBING SEWER RODDING CORP 07/01/2022 $7,800.00 100 100-42-5110 ROBINSON, STEVEN 07/01/2022 $100.00 100 100-01-6940 SECRETARY OF STATE 07/01/2022 $151.00 100 100-03-5330 SHAW MEDIA 07/01/2022 $156.96 100 100-03-5330 SHAW MEDIA 07/01/2022 $106.62 100 100-46-5110 SNAPOLOGY OF MCHENRY 07/01/2022 $144.00 280 280-41-8800 SOLITUDE LAKE MANAGEMENT 07/01/2022 $20,950.00 100 100-33-5300 TROTTER AND ASSOCIATES, INC 07/01/2022 $38,406.00 620 620-00-8300 ULTRA STROBE COMMUNICATIONS INC 07/01/2022 $3,199.80 620 620-00-5110 US BANK EQUIPMENT FINANCE 07/01/2022 $336.21 100 100-33-5370 ACE HARDWARE, MCHENRY 07/08/2022 $161.34 100 100-42-6110 ACE HARDWARE, MCHENRY 07/08/2022 $182.66 100 100-43-6110 ACE HARDWARE, MCHENRY 07/08/2022 $135.69 100 100-45-6110 ACE HARDWARE, MCHENRY 07/08/2022 $334.61 102 100 100-46-6110 ACE HARDWARE, MCHENRY 07/08/2022 $16.16 100 100-47-6110 ACE HARDWARE, MCHENRY 07/08/2022 $79.24 510 510-31-6110 ACE HARDWARE, MCHENRY 07/08/2022 $176.73 510 510-32-5375 ACE HARDWARE, MCHENRY 07/08/2022 $155.90 510 510-32-6110 ACE HARDWARE, MCHENRY 07/08/2022 $161.55 100 100-01-6940 ARTISTIC EMBROIDERY CREATIONS 07/08/2022 $210.00 100 100-47-6110 BSN SPORTS INC 07/08/2022 $973.79 510 510-32-6110 CENTURY SPRINGS 07/08/2022 $80.30 620 620-00-5110 COMCAST CABLE 07/08/2022 $168.40 100 100-33-5520 COMED 07/08/2022 $19,247.63 100 100-46-6112 GALENO, JIM 07/08/2022 $350.00 100 100-01-8200 HOME DEPOT CREDIT SERVICES 07/08/2022 $431.11 100 100-03-6110 HOME DEPOT CREDIT SERVICES 07/08/2022 $706.18 100 100-22-6210 HOME DEPOT CREDIT SERVICES 07/08/2022 $53.34 100 100-33-6110 HOME DEPOT CREDIT SERVICES 07/08/2022 $523.65 100 100-45-6110 HOME DEPOT CREDIT SERVICES 07/08/2022 $1,247.92 510 510-31-6110 HOME DEPOT CREDIT SERVICES 07/08/2022 $29.97 510 510-32-6110 HOME DEPOT CREDIT SERVICES 07/08/2022 $545.09 100 100-22-5110 ILLINOIS STATE POLICE 07/08/2022 $84.75 100 100-33-5110 ILLINOIS STATE POLICE 07/08/2022 $56.50 100 100-42-5110 ILLINOIS STATE POLICE 07/08/2022 $113.00 100 100-44-5110 ILLINOIS STATE POLICE 07/08/2022 $197.75 100 100-46-5110 ILLINOIS STATE POLICE 07/08/2022 $56.50 100 100-47-5110 ILLINOIS STATE POLICE 07/08/2022 $169.50 400 400-40-5110 ILLINOIS STATE POLICE 07/08/2022 $28.25 100 100-04-6210 IMPACT NETWORKING LLC 07/08/2022 $461.45 100 100-22-6210 IMPACT NETWORKING LLC 07/08/2022 $402.55 100 100-06-5110 MCDANIELS MARKETING 07/08/2022 $5,665.00 100 100-06-5110 MCDANIELS MARKETING 07/08/2022 $1,200.00 100 100-06-5110 MCDANIELS MARKETING 07/08/2022 $720.00 100 100-33-5300 MIDLAND STANDARD ENGINEERING & TESTING, IN07/08/2022 $1,095.25 100 100-45-6110 MINUTEMAN PRESS OF MCH 07/08/2022 $133.15 100 100-06-5330 MINUTEMAN PRESS OF MCH 07/08/2022 $95.00 100 100-04-6210 MINUTEMAN PRESS OF MCH 07/08/2022 $505.20 100 100-45-6110 MINUTEMAN PRESS OF MCH 07/08/2022 $56.00 290 290-00-8900 MINUTEMAN PRESS OF MCH 07/08/2022 $7,100.99 100 100-46-6112 PURICH, CHRISTINE 07/08/2022 $500.00 100 100-33-4510 RED WING BUSINESS ADVANTAGE 07/07/2022 $237.59 100 100-45-4510 RED WING BUSINESS ADVANTAGE 07/07/2022 $228.79 100 100-03-6210 STAPLES BUSINESS CREDIT 07/08/2022 $154.15 100 100-04-6210 STAPLES BUSINESS CREDIT 07/08/2022 $81.80 100 100-22-6210 STAPLES BUSINESS CREDIT 07/08/2022 $51.61 100 100-22-5370 SYNCB/AMAZON 07/08/2022 ($34.49) 100 100-22-6110 SYNCB/AMAZON 07/08/2022 $49.99 100 100-22-6210 SYNCB/AMAZON 07/08/2022 $336.67 100 100-23-6210 SYNCB/AMAZON 07/08/2022 $35.00 100 100-01-5310 UPS 07/08/2022 $8.24 100 100-01-5330 UPS 07/08/2022 $16.20 100 100-46-5110 BENCE, JENNIFER 07/15/2022 $88.00 100 100-33-5520 COMED 07/15/2022 $19,246.76 270 270-00-8605 CURRAN CONTRACTING COMPANY 07/15/2022 $810,406.19 100 100-01-8200 CUSTOM CONCRETE CUTTING 07/15/2022 $11,800.00 100 100-01-5420 FIRST BANKCARD 07/15/2022 $234.00 100 100-03-5370 FIRST BANKCARD 07/15/2022 $79.80 100 100-22-5370 FIRST BANKCARD 07/15/2022 $978.75 100 100-22-5420 FIRST BANKCARD 07/15/2022 $788.53 100 100-22-6210 FIRST BANKCARD 07/15/2022 $155.45 100 100-22-8300 FIRST BANKCARD 07/15/2022 $704.97 103 100 100-41-5330 FIRST BANKCARD 07/15/2022 $97.99 100 100-41-6110 FIRST BANKCARD 07/15/2022 $671.07 100 100-41-6270 FIRST BANKCARD 07/15/2022 $936.00 100 100-42-5430 FIRST BANKCARD 07/15/2022 $344.00 100 100-42-6110 FIRST BANKCARD 07/15/2022 $54.17 100 100-43-6110 FIRST BANKCARD 07/15/2022 $107.13 100 100-44-5430 FIRST BANKCARD 07/15/2022 $99.00 100 100-44-6110 FIRST BANKCARD 07/15/2022 $2,234.22 100 100-45-6110 FIRST BANKCARD 07/15/2022 $1,172.37 100 100-46-5430 FIRST BANKCARD 07/15/2022 $420.00 100 100-46-6110 FIRST BANKCARD 07/15/2022 $325.00 100 100-47-5430 FIRST BANKCARD 07/15/2022 $143.00 100 100-47-6110 FIRST BANKCARD 07/15/2022 $371.98 400 400-00-5321 FIRST BANKCARD 07/15/2022 $324.98 620 620-00-5110 FIRST BANKCARD 07/15/2022 $3,866.26 510 510-31-5410 FIRST BANKCARD 07/15/2022 $150.00 100 100-01-8200 FOUNDATION BUILDING MATERIALS 07/15/2022 $8,803.40 510 510-32-5110 ILLINOIS EPA 07/15/2022 $1,000.00 100 100-01-8400 LANG AUTO GROUP, GARY 07/15/2022 $44,799.24 100 100-01-8400 LANG AUTO GROUP, GARY 07/15/2022 $34,764.24 100 100-2200 MCHENRY SAVINGS BANK 07/15/2022 $3,237.02 100 100-03-5370 NAPA AUTO PARTS MPEC 07/15/2022 $81.03 100 100-22-5370 NAPA AUTO PARTS MPEC 07/15/2022 $393.18 100 100-33-5370 NAPA AUTO PARTS MPEC 07/15/2022 $871.54 100 100-33-6250 NAPA AUTO PARTS MPEC 07/15/2022 $506.22 100 100-45-5370 NAPA AUTO PARTS MPEC 07/15/2022 $32.82 510 510-32-5375 NAPA AUTO PARTS MPEC 07/15/2022 $17.10 510 510-32-6110 NAPA AUTO PARTS MPEC 07/15/2022 $327.69 510 510-35-5370 NAPA AUTO PARTS MPEC 07/15/2022 $39.93 100 100-01-6940 SECRETARY OF STATE/INDEX DEPT 07/15/2022 $10.00 510 510-32-6210 STAPLES BUSINESS CREDIT 07/15/2022 $75.07 100 100-03-6210 STAPLES BUSINESS CREDIT 07/15/2022 $8.75 100 100-04-6210 STAPLES BUSINESS CREDIT 07/15/2022 $61.25 100 100-05-6210 STAPLES BUSINESS CREDIT 07/15/2022 $41.15 100 100-22-6210 STAPLES BUSINESS CREDIT 07/15/2022 $159.96 100 100-41-6210 STAPLES BUSINESS CREDIT 07/15/2022 $9.16 100 100-01-6940 BANKCARD PROCESSING CENTER 07/22/2022 $86.85 100 100-01-8200 BANKCARD PROCESSING CENTER 07/22/2022 $857.00 100 100-03-5110 BANKCARD PROCESSING CENTER 07/22/2022 $228.75 100 100-03-5120 BANKCARD PROCESSING CENTER 07/22/2022 $511.25 100 100-06-5110 BANKCARD PROCESSING CENTER 07/22/2022 $120.64 100 100-06-5330 BANKCARD PROCESSING CENTER 07/22/2022 $65.00 100 100-06-5420 BANKCARD PROCESSING CENTER 07/22/2022 $37.98 100 100-06-5430 BANKCARD PROCESSING CENTER 07/22/2022 $49.99 100 100-22-5410 BANKCARD PROCESSING CENTER 07/22/2022 $100.00 100 100-22-6210 BANKCARD PROCESSING CENTER 07/22/2022 $729.32 100 100-23-5430 BANKCARD PROCESSING CENTER 07/22/2022 $31.00 100 100-41-6110 BANKCARD PROCESSING CENTER 07/22/2022 $24.52 100 100-46-6110 BANKCARD PROCESSING CENTER 07/22/2022 $341.42 100 100-46-6112 BANKCARD PROCESSING CENTER 07/22/2022 $400.78 210 210-00-5110 BRASS ON FIRE 07/22/2022 $1,200.00 290 290-00-8900 BRUCESKI'S MARINE CONSTRUCTION 07/22/2022 $225,203.45 100 100-01-8200 C&S FABRICATION SERVICES, INC 07/22/2022 $5,338.80 100 100-03-5120 CINTAS CORPORATION LOC 355 07/22/2022 $95.86 100 100-33-4510 CINTAS CORPORATION LOC 355 07/22/2022 $303.32 100 100-33-6110 CINTAS CORPORATION LOC 355 07/22/2022 $269.68 510 510-32-4510 CINTAS CORPORATION LOC 355 07/22/2022 $732.09 100 100-03-5110 EAGLE BIOMASS INC 07/22/2022 $32,000.00 104 510 510-32-5430 FOX VALLEY OPERATORS ASSOCIATION 07/22/2022 $160.00 100 100-01-8200 LIT N GLOW ELECTRIC, INC 07/22/2022 $2,542.00 100 100-01-6110 LYNCH, CAROLYN 07/22/2022 $3,000.00 100 100-45-5110 PEAK PAINTING 07/22/2022 $7,250.00 100 100-46-6112 PURICH, CHRISTINE 07/22/2022 $500.00 100 100-44-6110 SAM'S CLUB 07/22/2022 $248.40 100 100-03-5120 SYNCB/AMAZON 07/22/2022 $1,610.74 100 100-03-6110 SYNCB/AMAZON 07/22/2022 $68.96 100 100-03-6210 SYNCB/AMAZON 07/22/2022 $123.84 100 100-04-6210 SYNCB/AMAZON 07/22/2022 $35.00 100 100-41-6210 SYNCB/AMAZON 07/22/2022 $152.02 100 100-42-6110 SYNCB/AMAZON 07/22/2022 $352.58 100 100-43-6110 SYNCB/AMAZON 07/22/2022 $92.99 100 100-44-6110 SYNCB/AMAZON 07/22/2022 $1,035.42 100 100-45-6110 SYNCB/AMAZON 07/22/2022 $751.70 100 100-46-6110 SYNCB/AMAZON 07/22/2022 $60.31 100 100-46-6112 SYNCB/AMAZON 07/22/2022 $95.93 100 100-47-6110 SYNCB/AMAZON 07/22/2022 $588.22 400 400-00-6110 SYNCB/AMAZON 07/22/2022 $280.01 620 620-00-8300 SYNCB/AMAZON 07/22/2022 $60.00 510 510-31-6110 SYNCB/AMAZON 07/22/2022 $1,958.00 100 100-22-5310 UPS 07/22/2022 $11.04 620 620005110 COMCAST 7/29/2022 $27.40 620 620005110 COMCAST 7/29/2022 $30.02 620 620005110 COMCAST 7/29/2022 $164.71 100 100335520 COMED 7/29/2022 $27.90 620 620008300 DELL 7/29/2022 $13,246.00 100 100466112 GALENO, JIM 7/29/2022 $200.00 100 100016940 LAKE COUNTY CLERK 7/29/2022 $10.00 100 100466112 RECORD-A-HIT 7/29/2022 $650.00 100 100454510 RED WING 7/29/2022 $127.78 510 510354510 RED WING 7/29/2022 $188.99 100 100454510 RED WING 7/29/2022 $211.19 100 100454510 RED WING 7/29/2022 $228.79 100 100016210 SYNC/AMAZON 7/29/2022 $15.99 100 100035120 SYNC/AMAZON 7/29/2022 $190.47 100 100046110 SYNC/AMAZON 7/29/2022 $63.95 100 100416110 SYNC/AMAZON 7/29/2022 $199.75 100 100416210 SYNC/AMAZON 7/29/2022 $16.09 100 100426110 SYNC/AMAZON 7/29/2022 $867.10 100 100446110 SYNC/AMAZON 7/29/2022 $62.99 100 100456110 SYNC/AMAZON 7/29/2022 $152.98 100 100466112 SYNC/AMAZON 7/29/2022 $40.98 100 100476110 SYNC/AMAZON 7/29/2022 $110.74 620 620006110 SYNC/AMAZON 7/29/2022 $59.33 620 620006210 SYNC/AMAZON 7/29/2022 $55.33 620 620006270 SYNC/AMAZON 7/29/2022 $134.99 100 100226310 SZWANDROK, DEBRA 7/29/2022 $2,000.00 TOTAL: $1,480,860.02 105 106 107 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 Unapproved Planning & Zoning Commission Meeting Minutes dated July 20, 2022 File No. Z-2022-08 Petitioner: Mark Munson, Managing Member of Munson Properties IV LLC of 31695 N US Highway 12, Round Lake, IL 60073 Conditional Use Permit and Zoning Variations for the expansion of the existing Marina at 3112 W Lincoln Road. Planner Sheriff stated that the petitioner has complied with the public notice compliance. The petitioners were not present, but Planner Sheriff presented the plan for the petitioners. Planner Sheriff explained that significant improvements have been made to the Munson Marine property. They have now acquired the remaining two residential properties. Their plan is to demolish those homes and expand the outdoor storage area and operations. They will provide landscaping and screening. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:44 p.m. No members of the public offered comment, and the public hearing was closed at 7:44 p.m. All commission members agreed that what they have done so far is amazing. The area used to be an eyesore and they have done a phenomenal job. Director Polerecky explained that they have addressed all issues related to engineering and building codes and are all compliant. A motion was made by Commissioner Bremer and seconded by Commissioner Davis to approve the petitioner’s request for a Conditional Use Permit for the operation of a Marina and associated uses including Outdoor Storage, Motor/Recreational Vehicle Fuel and Oil Sales, Marine Vehicle Service and Repair, Slip Rentals, and an Open Sales Lot subject to the following conditions: 1. The site shall be developed in substantial conformance with the Landscaping and Screening Ordinance to the greatest extent possible as determined by the Zoning Administrator. 2. The outdoor storage of bulk materials is prohibited unless fully enclosed. 3. All development on site shall be in substantial conformance with the submitted site plan dated 1.20.22. AND by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses have been met as outlined in the Staff Report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried. 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 A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to approve the petitioner’s request for the following Zoning Variations: 1. Variation to allow a front yard setback of 3.9 feet to accommodate the existing principal structure. 2. Variation to accommodate the existing parking lot that encroaches within 10 feet of the north property line. 3. Any other zoning variations necessary to accommodate the proposed development as depicted on the site plan dated 1.20.22. AND by making said motion, I agree with staff’s assessment as outlined in the staff report and that the approval criteria for Variances have been met. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried. The hearing for file Z-2002-08 was closed at 10:00 p.m. 109 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 ORDINANCE NO 22- ORDINANCE GRANTING VARIATIONS AND A CO NDITIONAL USE PERMIT FOR THE OPERATION AND EXPANSION OF THE EXISTING MARINA WITH OUTDOOR STORAGE, MOTOR/RECREATIONAL VEHICLE FUEL AND OIL SALES, MARINE VEHICLE SERVICE AND REPAIR, SLIP RENTALS, AND OPEN SALES LOT AT 3112 W. LINCOLN ROAD. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance 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 Mark Munson (“PROPERTY OWNER”), requesting approval of Variations and a Conditional Use Permit for the Operation of a Marina with Outdoor Storage, Motor/Recreation Vehicle Fuel and Oil Sales, Marine Vehicle Service and Repair, Slip Rentals, and Open Sales Lot for the property located at 3112 W. Lincoln Road legally described in “Exhibit A”, attached hereto and incorporated herein; “SUBJECT PROPERTY”; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on July 20, 2022 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the City Council the granting of said request; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the request 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 Conditional Use Permit for the operation and expansion of the existing Marina with Outdoor Storage, Motor/Recreational Vehicle Fuel and Oil Sales, Marine Vehicle Service and Repair, Slip Rentals, and Open Sales Lot at 3112 W. Lincoln Road subject to the following conditions: 110 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 1. The SUBJECT PROPERTY shall be developed in substantial conformance with the Landscaping and Screening Ordinance to the greatest extent possible as determined by the Zoning Administrator. 2. The outdoor storage of bulk materials is prohibited unless fully enclosed. 3. All development on the SUBJECT PROPERTY shall be in substantial conformance with the submitted site plan dated 01/20/2022 attached hereto as “Exhibit B”. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the approval criteria listed in §11-15-5 of the City of McHenry Zoning Ordinance have been met. SECTION 3: That the SUBJECT PROPERTY is hereby granted relief from §10-13-5 of the City of McHenry’s Fence Regulations to allow a 6’ tall privacy screening fence to encroach within the required Front Yard to screen the areas identified as “Boat & Trailer Storage” in “Exhibit B” as determined by the Zoning Administrator. SECTION 4: That the SUBJECT PROPERTY is hereby granted approval of the following Variations from the City of McHenry Zoning Ordinance: 1. Variation to allow a front yard setback of 3.9 feet to accommodate the existing principal structure. 2. Variation to accommodate the existing parking lot that encroaches within 10 feet of the north property line. 3. Any other zoning variations necessary to accommodate the proposed development as depicted on the site plan in “Exhibit B”. SECTION 5: In granting said Zoning Variations, the City Council finds that the Approval Criteria for Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 6: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 7: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. 111 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 Passed this 15th day of August, 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 112 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 EXHIBIT A LEGAL DESCRIPTION Parcel 1: All that part of the Fractional Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of Lot 8 in Block 3 in the Original Plat of McHenry, East of the Fox River, according to the Plat thereof recorded July 6, 1840 in Book B of Deeds, page 160, and running thence North along the East line of said Lot, 132.0 feet, more or less, to the Northeast corner thereof; thence East along the South line of Lot 4 of said Block 3, 15.0 feet; thence North 1 degree, 47 minutes West, 108.0 feet; thence North 65 degrees, 23 minutes West, 180.0 feet, more or less, to the water's edge of the Fox River; thence Southwesterly along said water's edge to the Southwest corner of Lot 1 in Block 4 of said Subdivision; thence East 2.92.35 feet, more or less, to the corner of beginning, in McHenry County, Illinois. Parcel 2: All that part of Lot 1 in Block 5 of the Original Plat of McHenry, East of the Fox River, a Subdivision of part of the Fractional Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof dated July 6, 1840 and recorded in Book B of Deeds, page 160, described as follows: Beginning at the Northeast corner of said Lot 1 and running thence South 39 degrees, 58 minutes West, 87.45 feet to the Southerly line of Lot 1; thence West along the Southerly line of said Lot 1 to the water's edge of Fox River; thence Northerly along the water's edge of Fox River to the Northwest corner of said Lot 1; thence East along the North line of said Lot 1, 114 feet, more or less, to the corner of beginning, (except that part falling in Lot 1, described as follows: Beginning at the Northeast corner of said Lot 1; thence South 39 degrees, 58 minutes West, 110.95 feet; thence North 77 degrees, 08 minutes West, 56.0 feet, more or less, to the water's edge of Fox River; thence North 12 degrees, 32 minutes, 12 seconds East, 19.0 feet to the beginning of a 351.97 foot radius non-tangent curve, whose center bears North 20 degrees, 05 minutes, 39 seconds West; thence Northeasterly along said curve through a central angle of 19 degrees, 36 minutes. 02 seconds, a distance of 120.41 feet to the North line of said Lot 1; thence North 88 degrees, 55 minutes East along said North line, 23.0 feet to the corner of beginning, in Block 5 in the Original Plat of the Village (now City) of McHenry, East side of Fox River, a Subdivision of part of the Fractional Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof dated July 6, 1840 in Book B of Deeds, page 160), in McHenry County, Illinois. Parcel 3: All that part of Ann Street lying West of the East line of Lot 1 in Block 5, produced North to its intersection with the South line of Block 4, according to the Original Plat of McHenry, East of Fox River, a Subdivision of part of the Fractional Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof dated July 6, 1840 in Book B of Deeds, page 160, in McHenry County, Illinois. 113 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Parcel 4: Lots 9, 10 and 11 in Block 3 in the Original Plat of the Village (now City) of McHenry, East side of the Fox River, a Subdivision of part of the Southeast 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. Parcel 5: The East Half of that part of the Southwest Quarter of the Southwest Quarter of Section 25, described as follows: Commencing at a post that stands on the West line of said Section 25, 16 chains North of the Southwest corner of said Section 25; thence North 2 chains to a stake; thence East 2 chains to a stake; thence South 2 chains to a stake; thence West 2 chains to the place of beginning, all in Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. Parcel 6: That part of the Southeast Quarter of Section 26, Township 45 North, Range 8, East of the Third Principal Meridian, described as follows: Beginning at a point in the Southerly line of River Court of Hunterville Park Subdivision, according to the Plat thereof recorded March 30, 1929 as Document No. 87599 in Book 7 of Plats, page 4, which is South 42 degrees, 14 minutes East, 41.93 feet from the Southeast corner of Lot 22 of Block 5 of said Subdivision, and running thence South 42 degrees, 14 minutes East along the Southerly line of said River Court, 200.47 feet, more or less, to an angle point in said River Court; thence South along the West line of said River Court, 164.95 feet, more or less, to an angle point in said River Court; thence South 87 degrees, 47 minutes West, 254.7 feet; thence North 1 degree, 47 minutes East, 100.0 feet; thence North 65 degrees, 23 minutes West, 180 feet, more or less, to the water's edge of Fox River; thence Northerly along the water's edge of Fox River, 217.2 feet, more or less, to the point of intersection of the water's edge of Fox River with a line drawn 52.5 feet Southerly from, measured at right angles to and parallel with the Southerly line of said Lot 22 of Block 5 of Hunterville Park Subdivision, aforesaid; thence South 62 degrees, 57 minutes East parallel with and 52.5 feet Southerly from the Southerly line of Lot 22, aforesaid, 215.2 feet, more or less, to a point which is South 30 degrees, 17 minutes West, 37.5 feet from the place of beginning; thence North 30 degrees, 17 minutes East, 37.5 feet to the place of beginning, in McHenry County, Illinois. Parcel 7: Lots 5, 15, 16, 17 and 18 in Block 4 in Hunterville Park Subdivision, a Subdivision of part of the Southwest Quarter of Section 25, and of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded March 30, 1929 as Document No. 07599, in Book 7 of Plats, page 4, in McHenry County, Illinois. Parcel 8: The West 1/2 of that part of the Southwest 1/4 of the southwest 1/4 of Section 25, described as follows: commencing at a post that stands on the West Line of said Section 25, 16 Chains North of the Southwest Corner of said Section 25; thence North 2 chains to a stake; thence East 2 chains to a stake; thence South 2 chains to a stake; thence west 2 chains to the point of beginning, all in township 45 North, Range 8, East of the Third Principal Meridian, in McHenry County, Illinois. Parcel 9: Lot 12 in Block 3 in the Original Plat of the Village (now City) of McHenry East Side of Fox River, a Subdivision of part of the Southeast 1/4 of Section 26, Township 45 North, Range 8, East of the Third Principal 114 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 Meridian, according to the Plat thereof recorded July 6, 1840 in Book B of Deeds, Page 160, in McHenry County, Illinois. Parcel 10: The South 132.00 feet of Vacated Charles Street lying between River Court and Lincoln Road as described on the Plat of Vacation of Charles Street, recorded July 30, 1982 as Document No. 838998, in McHenry County, Illinois. Parcel Numbers: 09-25-306-006, 09-25-306-007, 09-25-306-008, 09-25-306-009, 09-25-306-014, 09-25-351-004, 09-25-351-005, 09-26-433-013, 09-26-433-015, 09-26-433-016, 09-26-433-017, 09-26-433-023, 09-26-433-027 Commonly Known As: 3112 W. Lincoln Road, McHenry, Illinois 60050 115 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 EXHIBIT B Site Plan Dated 01/20/2022 116 117 118 119 120 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, Mark Munson, Managing Member of Munson Properties IV LLC (“Owner of Record”), is requesting approval of a new Conditional Use Permit for the operation of the existing Marina and expansion of operations to include an Open Sales Lot. Old CUP Requested CUP Outdoor Storage Outdoor Storage Motor/Rec Vehicle Fuel and Oil Sales Motor/Rec Vehicle Fuel and Oil Sales Marine Vehicle Service and Repair Marine Vehicle Service and Repair Slip Rentals Slip Rentals Marina Marina Open Sales Lot (New) The petitioner will also need to receive approval of zoning variations to accommodate the location of the existing principal structure, and existing parking lot along the north lot line. Staff believes the existing marina has operated in its current form since at least 1961; however, it was most likely in operation on a smaller scale in years prior. The subject property was formerly occupied by Water Tower Marina which was acquired by Munson Marina several years ago. The petitioner has since rebuilt the existing principal structure in the footprint of the original building which is setback from the property line by approximately 3.9 feet in lieu of the required 30 feet. At the time of permitting, the City allowed Legal Nonconforming structures to be rebuilt in the same footprint. The petitioners will need to receive approval of a variation to allow the structure to remain in its present status. The site also received approval of a use variation to allow an existing single-family home to remain on the property, but it has since been demolished. The old conditional use required that at least 49 feet between the property line along the northwest corner of the property abutting the single-family residence remain open and clear. The prior owners of the property unlawfully expanded into this area between 2019 and June 6, 2020 according to aerial photography. The current property owners have since removed the outdoor storage and have added stormwater detention and additional parking. Staff researched and discovered the single-family homes (1401 and 1404 N River Road) had a mapping error which showed them zoned incorrectly as C-5 Highway Commercial. Staff verified and determined both properties are zoned RS-4 High Density Single-Family Residential. However, a permit was also issued for the construction of the parking lot within the required setback before the error was discovered. Because a permit is issued, the parking lot is classified as legal nonconforming per the Nonconformities Ordinance. The petitioner is requesting a variation for the existing legal nonconforming parking lot area. Overall, the petitioner has added a substantial amount of landscaping throughout the site including decorative shrub groupings along the walkway fronting the river, a variety of shade trees, and a continuous row of shade trees on the outside of the newly constructed privacy fencing. The petitioner is in the process of cleaning up the existing tree line abutting the single-family residential subdivision to the north. The petitioner‘s intent is to 121 clean up the tree line and plant additional decorative shade trees in addition to expanding the existing privacy fence. A tree survey has been performed and all healthy trees tagged for preservation. The petitioner has invested substantially in improving the site aesthetically which also involved the asphalting of much of the former gravel parking area. See before and after images below. 122 A platted private road exists on the subject property from the Hunterville Park Subdivision that was platted in 1929. This road has never been used by the subdivision to the north nor does it appear it was ever improved. The petitioner owns all parcels on both sides of the identified private road excluding a small strip adjacent to 1404 N. River Road. According to historic aerials, the only property that utilized the road was a house that existed on the Marina which has since been demolished. Based on advice received by the City Attorney, staff have assisted the petitioner in attempting to locate the legal heirs of the original architect of the subdivision, but those efforts have not been successful. The petitioner may have a strong case for adverse possession since they own the property that solely utilized it as a private drive for decades; however, this can only be decided by a judge. Since the March meeting when this item was initially presented to the Commission, the property owner acquired and desires to demolish the two existing single-family residences along Pearl Street and utilize for outdoor storage. Staff does not believe this will have any adverse impacts on the adjacent properties. 123 CCITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is currently zoned C-5 Highway Commercial District and is currently approved for the operation of a Marina and associated uses. The surrounding property primarily consists of RS-4 High Density Single-Family Residential to the north and a mix of Unincorporated McHenry County Commercial and Residential to the south and east. Staff believes the use of the property as a Marina has existed since at least 1961 according to historic aerial photography. Given the longevity of the operations as a Marina, staff does not believe the added use for recreational vehicle sales would cause additional nuisances. Figure 1 - Marina 1961 Aerial 1 FUTURE LAND USE MAP RECOMMENDATION The Future Land Use map recommends a combination of commercial and medium density residential. Given the close proximity of the area marked as commercial in the Future Land Use Map, staff believes it is in substantial conformance with this recommendation with only a few minor deviations. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is 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 Growth, Policy – “Work with developers so that redevelopment improves the site or surrounding conditions, including: access, landscaping, lighting, safety, and aesthetics.” (p. 29) 1 https://www.historicaerials.com/viewer 124 Staff believes the proposed development is consistent with the policy’s recommendation. The petitioner has already invested into the site and has added additional landscaping. The petitioner plans to expand this landscaping throughout the site. x Growth, Policy – “Promote development that allows employment and a shopping base which is diverse and affords the City with a sound economic base.” (p. 29) Staff believes approval of the petitioner’s request would be supportive of promoting additional employment opportunities. The City does not currently have a major recreational boating retailer and approval of the request would expand the shopping base and support a diverse economic base. SSITE PLAN REVIEW x Parking. The petitioners have provided a total of 86 parking spaces on site. Staff have calculated that the petitioners are only required to provide approximately 52 spaces. The proposed amount of parking is in conformance with the Off-Street Parking Ordinance. x Parking Lot Setback. The petitioner will need to seek approval of a setback variation to accommodate the location of the parking lot to the north. It was until after the permit was issued for the parking lot that staff discovered the zoning map error which depicted the residential homes to the north as C-5 Highway Commercial. If the property to the north would have been zoned commercial, the existing parking area would be in compliance with the ordinance. Figure 2- North Parking Lot Set Back 125 x Landscaping & Screening. The petitioner has provided staff a tree survey and tagged all required trees for preservation. The petitioner is currently in the process of clearing invasive species and dead underbrush along the north property line. The petitioner is required by ordinance to install a privacy fence along the north property line for the existing approved uses. The Commission can expect the new tree/fence line to be similar to the one installed along Pearl Street. SSTAFF SUMMARY ANALYSIS x Staff does not believe the variation request to accommodate the 3.9-foot setback of the existing building will cause any adverse impacts given the longevity of the location of the building footprint. x Although the property is partially within the Future Land Use Map area identified as Medium Density Residential, a vast majority of the project area is within the area identified as commercial. Staff believes the proposed development is in substantial conformance with the Future Land Use Map. x The Marina has operated in its current capacity since 1961 but without Outdoor Sales and Display areas. Staff believes this additional conditional use would not cause a nuisance given the longevity of operations. x It wasn’t until recently staff discovered the mapping error in the zoning map which displayed the homes to the north zoned C-5 Highway instead of RS-4 High Density Single Family Residential. The existing parking lot encroaches in the required setback when adjacent to residential. x The petitioner is required to install landscaping and screening per the City’s Landscaping & Screening Ordinance. Staff does not believe the expansion of the outdoor storage area or outdoor sales and display will cause any adverse impacts. If the Planning & Zoning Commission agrees with petitioner’s request, then two motions are recommended: 1st MOTION: I motion to recommend approval of the petitioner’s request for a Conditional Use Permit for the operation of Marina and associated uses including Outdoor Storage, Motor/Recreational Vehicle Fuel and Oil Sales, Marine Vehicle Service and Repair, Slip Rentals, and an Open Sales Lot subject to the following conditions: 126 1. The site shall be developed in substantial conformance with the Landscaping and Screening Ordinance to the greatest extent possible as determined by the Zoning Administrator. 2. The outdoor storage of bulk materials is prohibited unless fully enclosed. 3. All development on site shall be in substantial conformance with the submitted site plan dated 1.20.22. AND by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses have been met as outlined in the Staff Report. APPROVAL CRITERIA FOR CONDITIONAL USES (11-15-5). Staff comments italicized below. A. Traffic: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. a. Staff does not believe approval of the petitioner’s request would generate any adverse traffic impacts. The Marina has operated on site for approximately 60 years and does not appear to have caused any adverse impacts. Staff believes the additional use for an Open Sales Lot will generate minimal traffic. B. Environmental Nuisance: Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. a. Staff does not believe approval of the petitioner’s request would generate any environmental nuisances. Staff have included a condition of approval regarding landscaping screening along the north property line adjacent to the RS-4 Residential District. C. Neighborhood Character: The proposed use will fit harmoniously with the existing natural or manmade character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. a. Given the longevity of the use as a marina for over 60 years, staff does not believe approval of the request would be out of character. The petitioner has invested substantially into approving the structural and landscaping aesthetics on the site. D. Public Services and Facilities: The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. a. The site has access to City water and sanitary sewer. E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. a. Staff does not believe the proposed use will generate any adverse impacts on public safety and health given the longevity of the use and landscaping and screening. F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. a. Near the Downtown and adjacent to the riverfront, staff believes the proposed use is in harmony with the surrounding area. Although adjacent to residential, the marina has operated within the area for over 60 years. Staff does not believe approval would generate any adverse impacts on the surrounding landowners. 127 2nd MOTION: I motion to approve the petitioner’s request for the following Zoning Variations: 1. Variation to allow a front yard setback of 3.9 feet to accommodate the existing principal structure. 2. Variation to accommodate the existing parking lot that encroaches within 10 feet of the north property line. 3. Any other zoning variations necessary to accommodate the proposed development as depicted on the site plan dated 1.20.22. AND by making said motion, I agree with staff’s assessment as outlined in the staff report and that the approval criteria for Variances have been met. VARIANCE APPROVAL CRITERIA (11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes the variation request are related to a special circumstance not found elsewhere due to it being a riverfront property and the operations of the site as a marina since 1961. B. Circumstances Relate to the Property Only. Staff believes this is a special circumstance as it relates to this property only and not all property within the C-5 Highway Commercial District. C. Not Resulting From Applicant Action. The applicant did not create the layout of the existing site. The structures located on site have existed in the current footprint since 1961. The applicant rebuilt the principal structure in the footprint of the original principal structure when this was allowed by Ordinance. The City adopted a new Nonconformities Ordinance after the permit was applied for. The existing automobile parking to the north was issued a permit due to an error in the City’s Zoning Map which showed those properties zoned commercial which allows nonresidential parking within the required setback. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship onto the applicant given the layout of the structures have existed since 1961. The parking lot location and encroachment in the required setback along the north property line was as a result of a mapping error in the zoning map and not the result of the applicant. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Staff believes that approval of the variations are necessary for the reasonable use and enjoyment of the property as a marina. G. Not Alter Local Character: Staff believes approval of the petitioner’s request would not substantially alter essential character of the locality nor have any other adverse impacts given the longevity of the use of the property as a marina since 1961. H. Consistent With Title And Plan: Staff believes the proposed development is in substantial conformance with the Future Land Use Map recommendation for commercial use. I. Minimum Variance Recommended: Staff believes the variations requested are the minimum required. Attachments: x Petitioner’s Application and attachments x Receipt of publication of legal notice 128 Public Hearing Application Packet Page 5 of 20 File Number AMENDED PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à Fax: (815) 363-2173 1. Name of Applicant: Munson Properties IV LLC/ Mark Munson, Manager Tel 815 331 8312 Address: 31695 N Us Highway 12, Round Lake, IL 60073 Fax Email: mark@munsonski.com 2. Name of Property Owner Tel (If other than Applicant) Address Fax Email ______________________________________________________ 3. Name of Engineer: Rooney Consultants, Inc. Tel 815-341-0910 (If represented) Address 133 Rand Road, Lakemoor, IL 60051 Fax Email: runaidh@hotmail.com 4. Name of Attorney Lisa M. Waggoner, The Waggoner Law Firm, P.C. Tel 815-477-0830 (If represented) Address Four North Walkup Avenue, Crystal Lake, IL 60014 Fax 815-477-0834 Email lwaggoner@waggonerlawfirm.com 5. Common Address or Location of Property 3112 W. Lincoln Road, McHenry, Illinois, Commonly known as Water Tower Marina 6. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) Zoning Variance – Minor (Residential) X Conditional Use Permit Zoning Text Amendment X Zoning Variance (Non-residential) Use Variance FORM A 129 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: The Petitioner has purchased the former Water Tower Marina property and operated the marina business since its purchase, including slip rental. In addition, the Petitioner has rehabbed other buildings and improvements on the property, as well as generally cleaned up the entire parcel, in order to operate the marina and marine equipment storage at the property. Petitioner operates a marine sales business at its main facility in Lakemoor, Illinois. Petitioner is requesting a Conditional Use Permit to allow an Open Sales Lot for the sales of boats and marine equipment at the subject property. In addition, Petitioner would request the approval of any variances needed for improvements that are existing, but non confirming under current City ordinances. 130 EXHIBIT A (Legal Description) Parcel 1: All that part of the Fractional Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of Lot 8 in Block 3 in the Original Plat of McHenry, East of the Fox River, according to the Plat thereof recorded July 6, 1840 in Book B of Deeds, page 160, and running thence North along the East line of said Lot, 132.0 feet, more or less, to the Northeast corner thereof; thence East along the South line of Lot 4 of said Block 3, 15.0 feet; thence North 1 degree, 47 minutes West, 108.0 feet; thence North 65 degrees, 23 minutes West, 180.0 feet, more or less, to the water's edge of the Fox River; thence Southwesterly along said water's edge to the Southwest corner of Lot 1 in Block 4 of said Subdivision; thence East 2.92.35 feet, more or less, to the corner of beginning, in McHenry County, Illinois. Parcel 2: All that part of Lot 1 in Block 5 of the Original Plat of McHenry, East of the Fox River, a Subdivision of part of the Fractional Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof dated July 6, 1840 and recorded in Book B of Deeds, page 160, described as follows: Beginning at the Northeast corner of said Lot 1 and running thence South 39 degrees, 58 minutes West, 87.45 feet to the Southerly line of Lot 1; thence West along the Southerly line of said Lot 1 to the water's edge of Fox River; thence Northerly along the water's edge of Fox River to the Northwest corner of said Lot 1; thence East along the North line of said Lot 1, 114 feet, more or less, to the corner of beginning, (except that part falling in Lot 1, described as follows: Beginning at the Northeast corner of said Lot 1; thence South 39 degrees, 58 minutes West, 110.95 feet; thence North 77 degrees, 08 minutes West, 56.0 feet, more or less, to the water's edge of Fox River; thence North 12 degrees, 32 minutes, 12 seconds East, 19.0 feet to the beginning of a 351.97 foot radius non-tangent curve, whose center bears North 20 degrees, 05 minutes, 39 seconds West; thence Northeasterly along said curve through a central angle of 19 degrees, 36 minutes. 02 seconds, a distance of 120.41 feet to the North line of said Lot 1; thence North 88 degrees, 55 minutes East along said North line, 23.0 feet to the corner of beginning, in Block 5 in the Original Plat of the Village (now City) of McHenry, East side of Fox River, a Subdivision of part of the Fractional Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof dated July 6, 1840 in Book B of Deeds, page 160), in McHenry County, Illinois. Parcel 3: All that part of Ann Street lying West of the East line of Lot 1 in Block 5, produced North to its intersection with the South line of Block 4, according to the Original Plat of McHenry, East of Fox River, a Subdivision of part of the Fractional Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof dated July 6, 1840 in Book B of Deeds, page 160, in McHenry County, Illinois. Parcel 4: Lots 9, 10 and 11 in Block 3 in the Original Plat of the Village (now City) of McHenry, East side of the Fox River, a Subdivision of part of the Southeast 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. Parcel 5: The East Half of that part of the Southwest Quarter of the Southwest Quarter of Section 25, described as follows: Commencing at a post that stands on the West line of said Section 25, 16 chains North of the Southwest corner of said Section 25; thence North 2 chains to a stake; thence East 2 chains to a stake; thence South 2 chains to a stake; thence West 2 chains to the place of beginning, all in Township 45 North, 131 Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. Parcel 6: That part of the Southeast Quarter of Section 26, Township 45 North, Range 8, East of the Third Principal Meridian, described as follows: Beginning at a point in the Southerly line of River Court of Hunterville Park Subdivision, according to the Plat thereof recorded March 30, 1929 as Document No. 87599 in Book 7 of Plats, page 4, which is South 42 degrees, 14 minutes East, 41.93 feet from the Southeast corner of Lot 22 of Block 5 of said Subdivision, and running thence South 42 degrees, 14 minutes East along the Southerly line of said River Court, 200.47 feet, more or less, to an angle point in said River Court; thence South along the West line of said River Court, 164.95 feet, more or less, to an angle point in said River Court; thence South 87 degrees, 47 minutes West, 254.7 feet; thence North 1 degree, 47 minutes East, 100.0 feet; thence North 65 degrees, 23 minutes West, 180 feet, more or less, to the water's edge of Fox River; thence Northerly along the water's edge of Fox River, 217.2 feet, more or less, to the point of intersection of the water's edge of Fox River with a line drawn 52.5 feet Southerly from, measured at right angles to and parallel with the Southerly line of said Lot 22 of Block 5 of Hunterville Park Subdivision, aforesaid; thence South 62 degrees, 57 minutes East parallel with and 52.5 feet Southerly from the Southerly line of Lot 22, aforesaid, 215.2 feet, more or less, to a point which is South 30 degrees, 17 minutes West, 37.5 feet from the place of beginning; thence North 30 degrees, 17 minutes East, 37.5 feet to the place of beginning, in McHenry County, Illinois. Parcel 7: Lots 5, 15, 16, 17 and 18 in Block 4 in Hunterville Park Subdivision, a Subdivision of part of the Southwest Quarter of Section 25, and of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded March 30, 1929 as Document No. 07599, in Book 7 of Plats, page 4, in McHenry County, Illinois. Parcel 8: The West 1/2 of that part of the Southwest 1/4 of the southwest 1/4 of Section 25, described as follows: commencing at a post that stands on the West Line of said Section 25, 16 Chains North of the Southwest Corner of said Section 25; thence North 2 chains to a stake; thence East 2 chains to a stake; thence South 2 chains to a stake; thence west 2 chains to the point of beginning, all in township 45 North, Range 8, East of the Third Principal Meridian, in McHenry County, Illinois. Parcel 9: Lot 12 in Block 3 in the Original Plat of the Village (now City) of McHenry East Side of Fox River, a Subdivision of part of the Southeast 1/4 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. Parcel 10: The South 132.00 feet of Vacated Charles Street lying between River Court and Lincoln Road as described on the Plat of Vacation of Charles Street, recorded July 30, 1982 as Document No. 838998, in McHenry County, Illinois. Parcel Numbers: 09-25-306-006 09-25-306-007 09-25-306-008 09-25-306-009 09-25-306-014 09-25-351-004 09-25-351-005 09-26-433-013 09-26-433-015 09-26-433-016 09-26-433-017 09-26-433-023 09-26-433-027 Commonly Known As: 3112 W. Lincoln Road, McHenry, Illinois 60050 132 133 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION Salesperson: BARBARA BEHRENS Printed at 07/01/22 14:32 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 30765 Ad #: 1998046 Status: New WAGGONER LAW FIRM, PC Start: 07/02/2022 Stop: 07/02/2022 4 N. WALKUP AVENUE Times Ord: 1 Times Run: *** CRYSTAL LAKE IL 60014 CLEG 1.00 X 104.00 Words: 322 Total CLEG 104.00 Class: C8100 PUBLIC NOTICES Rate: LEGAL Cost: 154.86 # Affidavits: 1 Ad Descrpt: MUNSON MARINA Contact: LISA WAGGONER Descr Cont: 1998046 Phone: (815)477-0830 Given by: LISA WAGGONER Fax#: P.O. #: Email: lwaggoner@waggonerlawfirm.co Created: bbehr 07/01/22 14:24 Agency: Last Changed: bbehr 07/01/22 14:32 ----------------------------------------------------------------------------- URL: _________________________________ ----------------------------------------------------------------------------- Source: ______________________________ Section: _______________ Page: __ Camera Ready: N Group: LEGALS AdType: ___________ Misc: _______________________________ Color: _____________ Proof: __ _____________________ Pickup Date: __________ Ad#: _________ Delivery Instr: ______________________ Pickup Src: ____________ Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __ Coupon: __ Gang Ad #: _________ Ad Copy Method: ________________________________________ Special Instr: ______________________________ ----------------------------------------------------------------------------- COMMENTS: COPIED from AD 1997953 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES NW CL 97 S 07/02 WEB CL 99 S 07/02 APNW CL 97 S 07/02 ----------------------------------------------------------------------------- (CONTINUED ON NEXT PAGE) 134 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION (CONTINUED) Salesperson: BARBARA BEHRENS Printed at 07/01/22 14:32 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 30765 Ad #: 1998046 Status: New LEGAL NOTICE PUBLIC HEARING NOTICE FILE Z-2022-08 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 7:00 P.M. on Wednesday, July 20, 2022 to consider an amended application by Mark Munson, Managing Member of Munson Properties IV LLC of 31695 N US Highway 12, Round Lake, IL 60073 ("Owner of Record") for the following requests in accordance with the City of McHenry Zoning Ordinance: Request for a Conditional Use Permit for an Open Sales Lot, Motor/ Recreational Vehicle Service Station for Selling Fuel and Oil, Marine Vehicle Service and Repair, Slip Rental, and Outdoor Storage to accom- modate the operation and expansion of the existing Marina including any Zoning Variations neces- sary to accommodate the proposed Marina and related uses. Location: The site consists of 6.25 acres, more or less, and is located directly north of the intersection of River Road and Lincoln Road with a common address of 3112 W. Lincoln Road. ("Subject Property"). PIN: 09-25-306-006, 09- 25-306-007, 09-25-306- 008, 09-25-306-009, 09- 25-306-014, 09-25-351- 005, 09-26-433-013, 09- 26-433-015, 09-26-433- 016, 09-26-433-017, 09- 26-433-023, 09-25-351- 004, and 09-26-433-027. The property is currently zoned: C-5 Highway Commercial District with a Conditional Use Permit to allow outside storage, motor/recreational vehicle service station for selling fuel and oil, marine vehicle service and repair, marina, and slip rental. A copy of the application is on file and may be exam- ined during regular business hours in the Community Development Department, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, and (815) 363- 2170. An electronic copy of the application can be viewed on the City's website at www.cityofmchenry.org/ currentdevelopments. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois. /s/ Stacy Rockweiler Chairwoman, Planning and Zoning Commission (Published in the Northwest Herald on July 2, 2022) 1998046 135 136 137 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Draft Text Amendments §11-3-1 Definitions •Residential Care Facility: A group care facility licensed for 24-hour medical or non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individual. A "Residential Care Facility" includes assisted living facilities, nursing homes, hospice, continuum of care facilities, memory care and independent living. A "Residential Care Facility" does not include "Community Residence." •Community Residence: A group residence consisting of a group home or specialized residential care home serving persons with disabilities that is licensed, certified, or accredited by the appropriate state or federal agencies. Such residence shall serve as a single housekeeping unit for the housing of unrelated people with functional disabilities who share responsibilities, meals, social activities, and other aspects of residential living. "Community Residence" does not include "Residential Care Facility," and does not include a residence that serves persons as an alternative to incarceration for a criminal offense. Staff Note – A Community Residence is meant to emulate a family and blend in with the existing neighborhood. It is unlawful to require a conditional use permit for housing for persons that cannot live independently without special or medical supervision due to disability. Finding housing for individuals with specialized needs is extremely challenging and many municipalities still have language that is in violation of the Fair Housing Act Amendment of 1988. The American Planning Association has an excellent Policy Guide on Community Residences if the Commission wishes to find out more information.1 §11-8D-2 GROUP A: Permitted Uses in all Residential Districts <insert> Community Residence GROUP B: Conditional Uses in all Residential Districts: <insert> Residential Care Facility §11-8-7 1 https://www.planning.org/policy/guides/adopted/commres.htm#:~:text=For%20zoning%20purposes%2C%20com munity%20residences,house%2C%20or%20a%20commercial%20use. 138 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org GROUP B: Conditional Uses in all Commercial Districts: <insert> Residential Care Facility §11-10-H2 GROUP B: Conditional Uses in all Office Districts: <insert> Residential Care Facility §11-9-7 Table 2: GROUP I: Additional Permitted Uses in C-5 District <delete> Automobile washes and detailing facilities. Group J: Additional Conditional Uses in C-5 District: <insert> Automobile washes and detailing facilities. Parking Text Amendments §11-12-1: Applicability to Parking and Loading L. Parking Reductions. The Zoning Administrator is authorized to approve up to a 10% reduction in the required number of off-street parking spaces. M. Rounding of Integers. Fractional spaces shall be rounded to the nearest integer. Table 3 – Required Parking Spaces for Residential and Lodging Uses McHenry Residential – Minimum Required Spaces Per Dwelling Unit Single-Family Attached/Detached Dwelling 2 Multi-Family Dwelling 1.5 Dwelling Above Non-Residential First Floor 1 Community Residence 0.5 per bed Notes: Fractional spaces shall be rounded to the nearest integer. Note: Staff eliminated visitor parking requirements for multifamily housing. Red coloring indicates new or amended text. 139 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Lodging – Minimum Required Spaces Per Dwelling Unit Apartment Hotel1 1 Bed and Breakfast 1 Per Unit + 2 for Establishment Owner Boarding House1 1 Hotel1 1 Motel1 1 Residential Care Facility Assisted Living Facility 0.5 per dwelling unit Independent Living Facility 1 per dwelling unit Nursing Home or Hospice 0.5 per bed Memory Care Facility 0.5 per bed Notes: (1) Plus 1 parking space per employee on largest shift, and plus 1 space for each business vehicle employed by an establishment Staff Note Table 4 – Staff eliminated 8 of the 10 footnotes in the table to reduce confusion and make it easier to interpret. Many of them were redundant or were accommodated into the table itself. Table 4 – Required Parking Spaces for Nonresidential and Nonlodging Uses Minimum Number Of Spaces Required1 Per Employee at Largest Shift Per 1,000 Square Feet Net Floor Area Per Person Design Capacity Adult-Use Business Adult-use cannabis craft grower, adult-use cannabis infuser organization or infuser, adult-use cannabis processing organization or processor, adult-use cannabis transporting organization or transporter 1 1.5 - 140 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Adult-Use Cannabis Dispensing Organization - 4.5 (3) - Assembly Uses - - 25% Auto laundry, Carwash Facility 1 - plus, stacking spaces equal to 5 times the capacity of the car wash. The capacity shall be calculated as the number of vehicles that can be accommodated at any phase of the washing or waxing process. Service station 1 - Plus, 2 per service bay Vehicle sales - 2.5 (1 per 1,000 SF of showroom, plus 2 per service bay, plus accessory uses) - Bank or financial institution 0.67 5 (3) Plus, 5 stacking spaces per drive-in window Contractor or construction office 1 - plus, business vehicle parking Department store - 5 (3) - Furniture and appliance sales or repair store - 1.5 - Industrial: Cartage and express firms 1 - - 141 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Manufacturing, research, testing 1 1.5 See note 2 Radio or TV station or studio 1 - - Warehousing and wholesaling 1 0.5 See note 2 Institutional uses - - 0.25 Miscellaneous: Animal hospital - 2.5 - Child daycare center - 2 - Public utility and service 1 - - Mortuary (funeral home) 1 10 Office building - 3.5 2.5 - Other retail and personal service - 4.5 3 plus 5 stacking spaces per drive-in window Body Art Establishment 3 Recreational: Bowling alley: Per lane - - 7 (5) per lane plus all other accessory uses Restaurant/bar - 3 - Indoor theater - - 0.33 Skating rink - - 0.25 Swimming pool - - 0.25 Restaurant: Carry out only - 10 4 per 1,000 SF or 1 per every - 142 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 4 seats, whichever is greater Drive in and eat in - 15(10) 4 per 1,000 SF or 1 per every 4 seats, whichever is greater Plus, 5 stacking spaces per drive-in window Eat in, no drive in - 25 4 per 1,000 SF or 1 per every 4 seats, whichever is greater - Shopping center: Under 400,000 square feet - 4 - 400,000 - 600,000 square feet - 4.5 - Over 600,000 square feet - 5 - Supermarket or food store - 5 - Self-Storage, Mini-Warehouse 3 plus, 1 per 50 storage units Tavern - 10 - Note: (1) 1 space for each business vehicle employed by an establishment on the premises shall be provided in addition to the number of spaces specified. (2) Use of employment standard or floor space standard, whichever is greater. If employment is not known when plans are drawn, floor space standard may be used. If upon occupancy the employment standard yields a greater number of required spaces, the City Council may require the provision of additional parking before granting a Certificate of Occupancy. 143 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Chapter 14: Accessory Uses, Yards, and Fences §11-14-2: Yards: F. Conformity To Existing Required Front Yards 6. For such a lot that is a through-lot (double frontage lot), the lot line abutting a street but does not have direct vehicular access shall be considered a rear yard for the purposes of this section. Chapter 13: Fences 10-13-4: RESIDENTIALLY ZONED LOT STANDARDS: B. Through-Lots (Double Frontage Lots): 1. Any fencing less than or equal to fifty percent (50%) opacity may be installed in a required front yard of a through lot; provided: a. Said yard shall not provide a means of vehicular access to the site; and b. Maximum height of fencing shall not exceed seventy-two inches (72'). 2. Any fencing greater than fifty percent (50%) opacity may be installed in a required front yard of a through lot; provided: a. 1. Said yard shall not provide a means of vehicular access to the site; and b. 2. Maximum height of fencing shall not exceed seventy-two inches (72').; and c. Is located a minimum of five feet (5') from the street lot line. 144 City of McHenry South Elgin WoodstockCrystal Lake APA PAS Report 510‐511Staff RecommendationResidentialSingle‐FamilyEfficiency1.5322 1‐3DU depending on size of home11 Bedroom23221‐3DU depending on size of home22 Bedroom2.33322 1‐3DU depending on size of home23 Bedroom2.33322 1‐3DU depending on size of home24+2.33322 1‐3DU depending on size of home2Attached Single‐FamilySame as S‐F222Dwelling Above CommercialSame as S‐F11MultifamilyEfficiency1.5 1.51.11 1‐1.51.51 Bedroom2 1.51.1 1.5 1.5‐21.52 Bedroom2.33 1.51.752 1.5‐21.53 Bedroom2.33 1.522 1.75‐2.551.54+2.33 1.522 2‐3.51.5Visitor Parking0.250 0.250145 Per Employee at  Largest Shift Per 1,000 Square  Feet Floor Area Per Person Design  Capacity SOUTH ELGIN Woodstock Crystal Lake  Adult‐Use Business 1 per 300 SF GFA N/A N/A Adult‐use cannabis craft grower, adult‐use  cannabis infuser organization or infuser, adult‐use  cannabis processing organization or processor,  adult‐use cannabis transporting organization or  transporter 1 1.5 ‐ 1 per 500 sf of office  + 1 per 1,000 of  GFA, then 1 per  2,000 sf of GFA in  excess of 20,000 2 per 1k active manufacturing, or  per employee which ever is greater;  plus 4 per 1k office area, +1 per 1k  warehouse area; pluse 1 per 500 SF  GFA speculative area N/A Adult‐Use Cannabis Dispensing Organization ‐4.5 ‐1 per 300 SF GFA  (3.33 per 1k)3 per 1k SF GFA 5 per 1k SF GFA Assembly Uses ‐‐25%10%1 per 3 seats varies based on assembly  type use Auto laundry 1 ‐ plus stacking spaces equal  to 5 times the capacity of  the car wash. The capacity  shall be calculated as the  number of vehicles that  can be accommodated at  any phase of the washing  or waxing process.  2 per service bay  2 per work bay 1 per employee on largest  shift Service station 1 ‐2 per service bay 1 per 500 SF GFA of  any accessory  conveience retail or  food service 1 stack space per fuel station, 4 per  1000 sf of GFA of Convenience  Store 1 per 4 pumps plus 1 per 350  SF GFA of retail area; 3 per  service bay Vehicle sales ‐2.5 ‐ 1 per 1,000 sf of  showroom, +2 per  service bay, +other  retail uses 5 per 1k of showroom area; +4 per  work bay 1 per 5k outdoor  display/storage area, +2 per  service bay, and +1 per  employee Bank or financial institution 0.67 5 plus 5 stacking spaces per  drive‐in window 1 per 300 SF GFA 3 per 1k plus 4 stack spaces per  drive‐thru lane 1 per 250 SF or 1 per 350 SF  if with drive‐thru Contractor or construction office 1 ‐plus business vehicle  parking 1 per 400 SF 3 per 1k 1 per 250 SF Department store ‐5 ‐1 per 300 SF GFA 3 per 1k ~3.3 per 1k SF Furniture and appliance sales or repair store ‐1.5 ‐1 per 300 SF 3 per 1k 2 per 1k SF Industrial: 1 per 2 employees based on  the maximum number of  employees on 1 shift which  the plant is designed to  employ + 1 space per vehicle  used in the conduct of the  business Cartage and express firms 1 ‐‐1.5 per 1k SF (0.5 Landbank)see above Manufacturing, research, testing 1 1.5 See note 21 per 500 sf of GFA 2 per 1k of active manufacturing or  per employee which ever is greater;  plus 4 per 1k office area; and plus 1  per 1k of warehouse area; and +1  per 500 sf of speculative area see above Radio or TV station or studio 1 ‐‐See Office?See Office? Warehousing and wholesaling 1 0.5 See note 2 Ware= 1 per 500 SF  of Office GFA + 1 per  20k sf of warehouse  or storage space  GFA; Whole= 1 per  500 SF GFA 3 per 1k; plus 1 per 1k warehouse  area (0.5 land banked) 1 per 1,000 SF NFA (up to  10,000 SF) + 1 per 2,000 SF  NFA above 10,000 SF + as  required for office use + 1  per vehicle used in the  conduct of the business Institutional uses ‐‐0.25 N/A N/A N/A Miscellaneous: Animal hospital ‐2.5 ‐1.5 per exam room 4 per 1k 1 per 150SF Child daycare center ‐2 ‐1 per 500 SF GFA 1 per 6 children based on license;  drop of spaces may be included 1 per employee + 1 per 6  children of licensed capacity Public utility and service 1 ‐‐N/A N/A 1 per employee on largest  shift Minimum Number Of Spaces Required (McHenry) 146 Mortuary (funderal home)1 10 (delete redundant) 15 per chapel or  parlor + 1 per  business vehicle 1 per 3 seats; +1 per vehicle owned 8 per reposing room, 1 per 4  seats in chapel and 1 per  vehicle Office building ‐3.5 ‐1 per 400 SF of GFA  (2.5 per 1k)3 per 1k 1 per 250 SF of GFA; 1 per  150SF for medical;  Other retail and personal service ‐4.5 plus 5 stacking spaces per  drive‐in window 1 per 300 SF GFA  (3.33 per 1k)3 per 1k Based on City  Engineer/Parking Study Body Art Establishment N/A 1 per 300 SF GFA 3 per 1k 4.5 per 1k  Recreational: Bowling alley: Per lane ‐‐7 2 per lane + other  use(s) parking 5 plus all other use parking  requirements Restaurant/bar ‐3 ‐1 per 100 SF GFA 1 per 3 seats Indoor theater ‐‐0.33 10%1 per 3 seats Skating rink ‐‐0.25 10%5 per 1000 SF or 1 per 3 seats  whichever is greater Swimming pool ‐‐0.25 10%Zoning Director Restaurant:1 per 3 seats Carry out only ‐10 ‐1 per 100 SF Drive in and eat in ‐15(10) plus 5 stacking spaces per  drive‐in window 1 per 100 SF Eat in, no drive in ‐25 ‐1 per 3 seats Shopping center: Under 400,000 square feet ‐4 ‐ 400,000 ‐ 600,000 square feet ‐4.5 ‐ Over 600,000 square feet ‐5 ‐ Supermarket or food store ‐5 ‐ Self‐Storage, Mini Warehouse 0.5 1 per 25 storage  units 3 + 1 per 50 storage units 1 per 4,000 SF NFA up to  20,000 SF + 1 per 10,000 SF  NFA above 20,000 SF + 1 per  vehicle used in the conduct  of the business Tavern ‐10 ‐1 per 100 SF GFA 1 per 3 seats 1 per 3 seats or 1 per 100 SF  which ever is greater 1 per 200 SF of GFA 3 per 1k SF GFA 1 per 250 SF or 1 per 4 seats  which ever is greater1 per 100 SF GFA 3 per alley, and space for  accessory uses depends on use(s) 147 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 REGULAR AGENDA SUPPLEMENT DATE: August 15, 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 8-month lease with D’s Marina for the use of the harbor slips, property and buildings expires on October 31, 2022. Staff is proposing a new lease with All Marine Service for all marina operations from November 1, 2022 to October 31, 2023. BACKGROUND: The city of McHenry entered into a lease March 1, 2022, with All Marine Service the included the use of the South Harbor, slips, property and the buildings on site. The lease was initially proposed to extend to May 1, 2023. This was amended at the city council meeting to October 31, 2022, as the primary concern for the property is the ability for redevelopment of the overall site . Currently there is not an imminent development for the site. Due to this fact, the timing of the boating season/necessity for winter storage and to put the lease holder in the best situation to be able to market and fill the slips and the cold storage, staff is seeking to explore the options for lease renewal. All Marine Services is the current lease holder and would like to extend their lease. In addition, staff contacted Miller’s Dream Marine and Munson Marine requesting them to submit a proposal if interested in the coming year. These correspondences were sen t in Mid- July. Miller’s Dream Marine did not reply and after a fair amount correspondence with the owners of Munson Marine about the current details of the property, lease rates and current lease details there was no additional communication from Munson Marine. Dillon and Michelle Streit are the owner s of All Marine Service and remain very interested in leasing the marina. They have invested significant time and resources into the property and the running of the marina. This summer All Marine Service was able to rent 27 of the 47 slips. 148 ANALYSIS: All Marine Services has been an excellent lessor this last year, stepping in at the last minute to ensure that the marina was able to open and provide slips to our community. Thousands of dollars were invested into the property to renovate and improve the property. Staff reached out to the other local marinas in order to secure additional proposals a s was the request of City Council at the meeting in February. One of the marinas did not respond to the request and the second, after a number of questions regarding the conditions of the property and potential terms of a lease stopped responding. Despite having a sole interested in -town candidate for the lease, the track record of All Marine’s management of the property this year as well as letters of support received from boat owners make them the ideal lessor to continue to partner with for the upcoming year. Slip rentals were down this year, with 27 of the available 49 rented. Staff attr ibutes this to the extremely late start in attempting to market to boat owners. The lease was effective March 1, 2022 however the previous tenant did not vacate the property until mid-March, with many items remaining all the way through the season. In securing a lease for the upcoming year now, the potential tenant can market cold storage AND the upcoming year as has been the protocol for the marina users the last 20 plus years. Decisions on cold storage for boat owners occurs now and the city owes a prompt decision to the lessor in order to put them in the best standing and in turn maximize the city’s return as the benefactors of 50% of the lease rentals. Another item that has been brought up by council, has been the access to slips by a Boat Rental Club. The current tenant has remained in contact with the Freedom Boat Club and as of mid -July had left the offer open for them to utilize slips in the South Harbor. Staff would leave that negotiation to the tenant with the remain lease stipulation that there is no sub-letting of buildings on the property. In summary, staff is very confident with the proposed operator for several 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 from November 1, 2022 through October 31, 2023. 149 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”), commencing November 1, 2022 and terminating October 31, 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 remain 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. 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 itemization 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 shall ensure that all boats are removed from the water and slips vacated no later than October 15, 2022. D. Lessee shall cap any slip rental rate increases at 10% of the 2021 slip rental rates for the 2022 slip rental season. E. 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. F. 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. 150 G. Lessee understands that Lessor is in the process of marketing the Leased Premises and surrounding property for sale. To accommodate the needs of Lessor to market same, Lessee acknowledges its use of the Leased Premises is not exclusive and Lessor retains the right to enter upon the Leased Premises at any time and for any reason, with or without third parties to inspect, take samples of soil as needed , and generally evaluate the Leased Premises and surrounding Property for purchase/sale purposes during the term of this Lease Agreement. 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 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 agree 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 has 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.” 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 interfere 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 s outhern 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 a nd driveways, which would otherwise be required to be maintained by Lessor. 151 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 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 du e, 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. 152 12. Liability, Indemnification and Waiver A. Assumption of Liability. Lessee assumes liability for all injury to or death of any person or persons including employees, sub-licensees, any supplier or any other person and as sumes 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 connection 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 benefits 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 permitted 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 us e of the slips nos. 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 Lessee shall tender the defense thereof to Lessor. Provided, however, the Lessee, in its 153 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. 13. 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 and/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 additiona l insured endorsement acceptable to the Lessor. This insurance shall apply as primary insurance with 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 i t 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. C. Proof of Insurance. Prior to the effective date of this Lease, Lessee shall furnish the Lessor with copies of its current certificates of insurance documenting each such policy, along with the additional insured endorsements required in this section. 154 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 under 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 its elf, 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 notice of demand in similar or other circumstances, except as otherwise provided herein .14. 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. 14. 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 Lessee, 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. 15. Heirs, Assigns, Successors This Lease is binding upon and insures to the benefit of the heirs, assigns and successors in interest to the parties. 16. Subordination This Lease is and shall be subordinated to all existing and future liens and encumbrances against the Premises. 17. Entire Agreement The foregoing constitutes the entire agreement between the parties and may be modified only by a 155 writing signed by both parties. Signed this day of , 2 022 LESSOR: LESSEE: CITY OF McHENRY By: By: Wayne Jett, Mayor Its: 156