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HomeMy WebLinkAboutPacket - 10/3/2022 - 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, October 3, 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 as presented: A.Resolution Designating October 7, 2022 as National Manufacturing Day in the City of McHenry. (Economic Development Director Martin) B.Assignment and Assumption of City of McHenry and Gary Lang Business District Development Agreement dated January 19, 2009 to Castle Automotive Group. (City Attorney McArdle) C.Ordinance Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation of Numbers of Licenses. (Deputy City Clerk Johnson) D.Change Order #1 and Final, which is an increase to the contract of $34,970.35 for the 2022 Crack Sealing Program with Patriot Pavement Maintenance of Des Plaines, Illinois . (Public Works Director Strange) E.September 19, 2022 City Council Meeting Minutes; F.Issuance of Checks in the amount of $735,684.28. 6.Individual Action Item Agenda. A.Issuance of a Class H Liquor License. (Mayor Jett) Motion to approve a Class H Liquor License to Twisted Limits Axe Throwing Lounge, located at 1722 N. Richmond Road, McHenry. B.Transfer of Class B Liquor License and Video Gaming License. (Deputy City Clerk Johnson) Motion to approve a Class B Liquor License and Video Gaming License based on a transfer of ownership for El Gordo Mexican Bar and Grill, Inc., located at 929 Front Street. C.Demolition of 1405 Riverside Drive. (Community Development Director Polerecky) Motion to approve an Ordinance waiving the requirement of advertising for competitive bid s as 1 set forth in 65 ILCS 5/8-9-1 and the within the City’s Purchasing Policy; approve and authorize the execution of a demolition contract with Hellios Construction in the amount of $25,750; and, approve an Ordinance amending the FY22/23 Budget, Line Item 100-03-5110 in the amount of $25,750 for the demolition of property at 1405 Riverside Drive. 7.Discussion Items. A.Transfer of Class B Liquor License and Video Gaming License to new ownership for Don’s Subs. 8.Staff Reports. Staff reports are provided the first meeting of each month. 9.Mayor’s Report. 10.City Council Comments. 11.Executive Session as needed. 12.Adjourn. The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further information, please contact the Office of the City Administrator at 815-363-2108. 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/87969885509 2 Economic Development Department McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 www.cityofmchenry.org CONSENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: October 3, 2022 RE: Resolution designating the Importance of Manufacturing to our com munity and designating October 7, 2022 as National Manufacturing Day in the City of McHenry ATT: 1.Resolution designating the Importance of manufacturing to our community and designating October 7, 2022 as National Manufacturing Day in the City of McHenry 2.Manufacturing, Trades and Industry Expo Flyer Attached is a resolution designating October 7, 2022 National Manufacturing Day. Also attached is information about the career expo at McHenry High School Upper Campus Center for Science, Technology, and Industry on October 12, 2022 from 6:00 p.m. to 8:00 p.m. If the City Council concurs, it is recommended the attached resolution be approved designating the Importance of Manufacturing to our com munity and designating October 7, 2022 as National Manufacturing Day in the City of McHenry. 3 A RESOLUTION DESIGNATING OCTOBER 7, 2022 AS NATIONAL MANUFACTURING DAY IN THE CITY OF MCHENRY WHEREAS, National Manufacturing Day is an annual event which highlights the importance of manufacturing to our national economy, providing an opportunity for manufacturers throughout North America to open their doors to showcase the rewarding high-skill jobs available in manufacturing-related industries; and WHEREAS, the National Manufacturing Day Mission Statement is: “To empower manufacturers to improve the public perception of manufacturing careers and the sector’s value to the economic health of the U.S. by connecting them to business improvement, community resources, and next-generation workers;” and WHEREAS, City of McHenry is home to numerous national and international manufacturers within many different economic sectors including metalworking machinery manufacturing; medical equipment and supplies manufacturing; plastic resin and synthetic fiber manufacturing; plastics and rubber and electronics manufacturing which employ a large percentage of our workforce; and WHEREAS, the City of McHenry is fortunate to have numerous business and industrial parks located throughout the city including McHenry Corporate Center, Sherman Hill Industrial Park, North Gate West, Prairie Pointe Business Park, Tonyan Industrial Park, Inland Business Park, Adams Commercial Center, Professional Plaza, and City Centre Business Park; and WHEREAS, the City of McHenry advocates, supports and promotes the growth of manufacturing and related industries through numerous plans and programs to enable companies to expand , relocate, and also remain within the City of McHenry; and WHEREAS, on October 12, 2022 from 6:00 p.m. to 8:00 p.m. at the McHenry High School Upper Campus Center For Science, Technology, and Industry, 4724 W. Crystal Lake Rd., a Manufacturing, Trades and Industry (MTI) Career Expo will be held featuring many industrial/manufacturing companies, as well as trade organizations throughout McHenry County and programs offered at McHenry Community High School District 156 and McHenry County College; and NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF MCHENRY RECOGNIZES THE IMPORTANCE OF MANUFACTURING AND DESIGNATES OCTOBER 7, 2022 AS NATIONAL MANUFACTURING DAY IN THE CITY OF MCHENRY. PASSED and APPROVED this 3rd day of October 2022. Voting Aye: Voting Nay: Abstained: Absent: ATTEST: ____________________________ _______________________________ City Clerk Mayor 4 MANUFAcTURING, TRADES, & Industry Career Expo Wednesday, october 12 6-8 PM 4724 W. Crystal Lake Rd McHenry HIgh School center for science, technology, and industry 5 6 7 8 9 10 11 12 City of McHenry 333 S Gre en Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA ITEM DATE: October 3, 2022 TO: City Council FROM: Deputy Clerk Monte Johnson RE: Reduce Class A Liquor Licenses AGENDA ITEM SUMMARY: Mar garitas Restaurant Bar, Inc , at 2314 IL Route 120, ha s gone out of business. We must now pass an ordinance to reduce the available number of Class A liquor licenses. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to pass an Ordinance Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses 13 ORDINANCE NO. 22- Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Section 4-2-6, subs ection D-1, of the Municipal Code relating to liquor license clas sifications , shall be amended as follows : D.1. Class A (Full Bar) License: Issuance of a Class A license shall authorize the sale of alcoholic liquor for consumption on the premises, and the retail sale of packaged liquor. The annual fee for such license s shall be one thousand five hundred dollars ($1,500.00). A Class A licensee shall be eligible to apply for a catering endorsement for an additional fee of three hundred dollars ($300.00), which shall permit the servic ing of alcoholic liquor for off -site consumption as an incidental part of food service, sold at a package price, as agreed upon under contract. Nonprofit organizations with a Class A license shall be eligible to pay a reduced fee of five hundred dollars ($500.00) per year to receive and mainta in a Class A license. No more than forty-one (41) Class A licenses shall be in force in the City at any time. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 3rd day of October, 2022. Ayes Nays Absent Abstain Alderman Devine ____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding ____ _____ _____ _____ Alderman McClatchey ____ _____ _____ _____ 14 Alderwoman Miller ____ _____ _____ _____ Alderman Santi ____ _____ _____ _____ Alderman Strach ___ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 15 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: October 3, 2022 TO: Mayor and City Council FROM: Troy Strange P.E., Director of Public Works RE: 2022 Asphalt Crack Sealing Maintenance Program Final Change Order ATT: Change Order #1 & Final ______________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider approval of Change Order #1 and Final for the 2022 Crack Sealing Program with Patriot Pavement Maintenance of Des Plaines, Illinois. BACKGROUND: On May 2 of this year the City Council awarded a crack sealing contract to Patriot Pavement Maintenance of Des Plaines, Illinois in an amount of $64,999. The capital project budget number was $65,000 and staff’s original intent as to utilize these quantities and keep the final contract costs within the approved budget number. On startup, staff provided the contractor with an errant intended quantity to be completed for which the contractor ordered and furnished materials. Staff did not realize its error until the materials were placed and thus the contractor completed an additional 75,000 lineal feet of crack seal for an additional contract cost of $35,000. This brings the final contract cost to approximately $100,000. Staff accepts full responsibility for the oversight and has consulted with the finance department regarding the need for a budget amendment. Currently the increase is a small portion of the overall capital projects appropriation. Should other larger capital items come in under budget, which is a common occurrence, a budget amendment will not be necessary. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve Change Order #1 and Final, which is an increase to the contract of $34,970.35, for the 2022 Crack Sealing Program with Patriot Pavement Maintenance of Des Plaines, Illinois. 16 Change Order No. 1 Date of Issuance: Effective Date: Project: Owner: City of McHenry Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: The Contract Documents are modified as follows upon execution of this Change Order: Description: Attachments: (List documents supporting change): CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: Working days Calendar days Substantial completion (days or date):__________________ $___________________________ Ready for final payment (days or date): [Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change Orders No. to No. : Orders No. to No. : Substantial completion (days):________________________ $ Ready for final payment (days or date): Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date):__________________ $ Ready for final payment (days or date):_________________ [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial completion (days or date):_________________ $ Ready for final payment (days or date):________________ Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): ____ $ Ready for final payment (days or date): ___________ RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date: Date: Date: October 3, 2022 2022 Crack Seal Program Patriot Pavement Maintenance Increase in contract quantities to include 18 hours of street sweeping services and 75,065 LF of crack sealing $64,999.40 $99,969.75 $34,970.35 $64,999.40 May 2, 2022 October 3 2022 17 City of McHenry Council Meeting Minutes 9.19.22 1 AGENDA REGULAR CITY COUNCIL MEETING Monday, September 19, 2022, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 Roll Call: Mayor Jett called the roll call. Members present Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller -absent, and Mayor Jett. Others present Attorney McArdle, Administrator Morefield, Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, City Planner Sheriff-absent, Deputy Clerk Johnson, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge. Public Comments: Zachary Daly, the resident wanted a traffic signal on bull valley road and crest wood drive, been several accidents. Consent Agenda: Motion to Approve the following Consent Agenda Items: A. Renewal of Boundary Agreement Between the City of McHenry and Village of Bull Valley (City Administrator Morefield) Authorization for the Mayor to execute an updated Boundary Agreement between the City of McHenry and the Village of Bull Valley. *Clerks note this item has been pulled from the agenda to discuss at a further time. B. Amendment to Code of Ordinances Regarding Adult Use Cannabis (Economic Development Director Martin) An ordinance amending the City of McHenry Code of Ordinances, Title 11 Land Use Regulations, Chapter 6 District Regulations, About Adult Use Cannabis Business Establishments, reducing the number of permitted Adult-Use Dispensing Organizations from two (2) to one (1). C. Fabulous Fox! Water Trail Resolution (Deputy City Clerk Johnson) Resolution authorizing support and permission for the inclusion of Miller’s Riverfront Park Boat Launch and Miller Point in the Fabulous Fox! Water Trail Program. D. 2022-2023 Tree Trimming and Pruning Program Contract (Public Works Director Strange) Waive the competitive bidding process and award a contract for the 2022 -2023 Winter Tree Trimming and Pruning Program contract to Winkler Tree and Landscaping, Inc, of LaGrange Park, Illinois in the amount of $85,930.00. 18 City of McHenry Council Meeting Minutes 9.19.22 2 E.September 6, 2022, City Council Meeting Minutes; F.Issuance of Checks in the amount of $652,140.11. G.As Needed Checks in the amount of $407,841.60. A motion was made by Alderman McClatchey and seconded by Alderman Santi to approve Consent Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller-absent. 0-nays- Alderman Glab, 0-abstained. Motion carried. Individual Action Item Agenda: A.School Resource Officer Intergovernmental Agreement and Budget Amendment (Police Chief Birk) Motion to authorize the Mayor’s execution of an Intergovernmental Agreement Between the City of McHenry and McHenry School District 15 for the School Resource Officer Program; the hiring of two (2) additional officers for the program; and, approving an Ordinance amending the FY22/23 Budget in the amount of $103,000.00 to fund the City’s portion of the program. Alderman Santi wanted to know what happens to officers when school is out, they get reassigned to patrol, etc. Alderman McClatchey asked about HS yes they do have them as well. Alderman Harding wanted to know about the elementary schools, they will be at use for all of the grade schools as well per Chief Birk. There are day shift officers that are assigned to those schools as well. Alderman Glab asked if this is for the following school year, correct per Chief Birk. No public comment. A motion was made by Alderman Harding and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller-absent. 0-nays, 0-abstained. Motion carried. Discussion Items: Establishment of a Business District or Business Districts for the completion of Streetscape Improvements. (Economic Development Director Martin) 19 City of McHenry Council Meeting Minutes 9.19.22 3 As explained by Director Martin this is to h elp move forward with the plan, and also this will help revitalize a specific portion of the city. Infrastructure improvements would include the Streetscape Improvements: Main Street and Tiff District. This is just an option that is being presented to consider, would not fund completely. Alderman Glab talked about the percentages and how they would affect the businesses, and how the taxpayers would be paying for this. Would like to look for other options as well. Alderman Santi talked about how he would like to also look at other options, like this as we starting point, and maybe further discussion in the future. Alderman Devine agrees it is a good start but would like to start the discussion now and look to other ideas as well. Alderman Strach was also in agreement with other council members’ comments above. The discussion of a second TIFF district was also brought up. This discussion went on for some time. Executive Session Items : A.Executive session to discuss the purchase or lease of real property for use of the public body under 5 ILCS 120/2(c)(5). A motion was made by Alderman Strach and seconded by Alderman Santi to adjourn to Executive Session at 7:50 p.m. to discuss pending litigation on the purchase or lease of real estate property for the use of the public body Mayor Jett reconvened the meeting from Executive Session at 8:00 p.m. A motion was made by Alderman Santi and seconded by Alderman Strach to return to the open session. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller -absent. 0-nays, 0- abstained. Motion carried. Staff Reports: Director Hobson, light the night this weekend, bands and food trucks from- 4- 10. 20 City of McHenry Council Meeting Minutes 9.19.22 4 Mayor’s Report. Mayor Jett stated huge success from this weekend and thanked the volunteers and everyone including the sponsors that helped out with the event. People that had visited our town had given many comments. Will be over last year’s number not sure yet but will get numbers as soon as possible. Thanked the public for showing up and getting involved and also thanked the huge amount of volunteers as well. City Council Comments: The Bike Haven is selling, per Alderman McClatchey also thank you to Mayor Jett for putting McHenry on the map with the concert. Alderman Glab talked about dead trees, there are no ordinances on this, it could be there for years. Want to protect neighbors around that, would like to see an ordinance on th is. Adjourn: A motion was made by Alderman Santi and seconded by Alderman McClatchey to adjourn the meeting at 8:01 PM. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller-absent. 0-nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel 21 Expense Approval Register  McHenry, IL List of Bills Council Meeting 10‐3‐22 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: BAKER & SON CO, PETER  BAKER & SON CO, PETER 39141 10/03/2022 SFC 100‐33‐6110 116.05 BAKER & SON CO, PETER 39213 10/03/2022 SFC 100‐33‐6110 223.85 BAKER & SON CO, PETER 39213‐2 10/03/2022 SFC 510‐31‐6110 196.90 BAKER & SON CO, PETER 39292 10/03/2022 SFC 100‐33‐6110 341.55 Vendor BAKER & SON CO, PETER Total:   878.35 Vendor: BANK OF NEW YORK MELLON, THE  BANK OF NEW YORK MELLON,   MCHENRY139‐6‐22 10/03/2022 MCHENRY GO REF 13 300‐00‐7200 2,240.00 Vendor BANK OF NEW YORK MELLON, THE Total:   2,240.00 Vendor: CLEARVIEW LANDSCAPE CONSTRUCTION, INC  CLEARVIEW LANDSCAPE #20222 10/03/2022 MOWING CONTRACTUAL 510‐31‐5110 1,780.00 CLEARVIEW LANDSCAPE #20222 10/03/2022 MOWING CONTRACTUAL 510‐32‐5110 1,327.00 CLEARVIEW LANDSCAPE 20222 10/03/2022 MOWING CONTRACTUAL 100‐33‐5110 4,953.00 CLEARVIEW LANDSCAPE 20222 10/03/2022 MOWING CONTRACTUAL 100‐45‐5110 28,790.00 Vendor CLEARVIEW LANDSCAPE CONSTRUCTION, INC Total:   36,850.00 Vendor: COMED  COMED INV0013667 10/03/2022 UTIL 510‐32‐5510 55.13 COMED INV0013668 10/03/2022 SHANNON & UTIL 100‐33‐5520 18,407.87 COMED INV0013668 10/03/2022 SHANNON & UTIL 100‐45‐5510 19.99 Vendor COMED Total: 18,482.99 Vendor: CONDUENT HR SERVICES LLC  CONDUENT HR SERVICES LLC 1652780 10/03/2022 HSA AUGUST 2022 600‐00‐6960 78.75 Vendor CONDUENT HR SERVICES LLC Total:   78.75 Vendor: CONNECTED SOLUTIONS GROUP  CONNECTED SOLUTIONS 103670 10/03/2022 COMMAND VEHICLE 100‐01‐8300 2,468.74 Vendor CONNECTED SOLUTIONS GROUP Total:   2,468.74 Vendor: CURRAN CONTRACTING COMPANY  CURRAN CONTRACTING 20975 10/03/2022 2022MFT & RBI  PGM 270‐00‐8600 353,056.38 Vendor CURRAN CONTRACTING COMPANY Total:   353,056.38 Vendor: FOX VALLEY FIRE & SAFETY  FOX VALLEY FIRE & SAFETY IN00515225 10/03/2022 RADIO INSTALL PIONEER CTR 225‐00‐5110 195.00 Vendor FOX VALLEY FIRE & SAFETY Total:   195.00 Vendor: HARTWIG, KAYLA  HARTWIG, KAYLA 370284 10/03/2022 CXL‐LOW ENROLL 100‐41‐3637 62.00 Vendor HARTWIG, KAYLA Total:   62.00 Vendor: HLR  HLR 20211878 10/03/2022 MCHENRY BV PHASE I BIKE 440‐00‐8900 40,076.50 HLR 20212146 10/03/2022 MCHENRY BV PHASE I BIKE 440‐00‐8900 5,317.25 Vendor HLR Total:   45,393.75 Vendor: HRGREEN  HRGREEN 150324 10/03/2022 GREEN STREET STP DESIGN 270‐00‐8600 5,828.80 Vendor HRGREEN Total:   5,828.80 Vendor: IPPFA  IPPFA 280 10/03/2022 MSHIP DUES JAN1‐31,2023 760‐00‐5110 795.00 Vendor IPPFA Total:   795.00 Vendor: LPL FINANCIAL  LPL FINANCIAL 5377 9‐14‐22 10/03/2022 ADVISORY FEE 760‐00‐5110 17,164.81 Vendor LPL FINANCIAL Total:   17,164.81 9/28/2022 11:16:30 AM 22 Expense Approval Register Packet: APPKT02500 ‐ AP CKS 10‐3‐22 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: MCHENRY COMMUNITY HIGH SCHOOL DIST 156  MCHENRY COMMUNITY HIGH   INV0013672 10/03/2022 DEVELOPER DONATION FEES 280‐00‐6970 20,844.25 Vendor MCHENRY COMMUNITY HIGH SCHOOL DIST 156 Total:   20,844.25 Vendor: MCHENRY COMMUNITY SCHOOL DIST #15  MCHENRY COMMUNITY INV0013673 10/03/2022 DEVELOPER DONATION FEES 280‐00‐6970 38,710.75 Vendor MCHENRY COMMUNITY SCHOOL DIST #15 Total:   38,710.75 Vendor: MCHENRY COUNTY CHIEFS OF POLICE  MCHENRY COUNTY CHIEFS OF   INV0013669 10/03/2022 CHIEFS OCTOBER MEETING 100‐22‐5430 60.00 Vendor MCHENRY COUNTY CHIEFS OF POLICE Total: 60.00 Vendor: MCHENRY PUBLIC LIBRARY  MCHENRY PUBLIC LIBRARY INV0013671 10/03/2022 DEV DONATION FEES JAN‐JUNE  280‐00‐6980 8,900.00 Vendor MCHENRY PUBLIC LIBRARY Total:   8,900.00 Vendor: MCHENRY TOWNSHIP FIRE PROTECTION DIST  MCHENRY TOWNSHIP FIRE INV0013670 10/03/2022 DEV DONATION FEES JAN‐JUNE   280‐00‐6990 8,900.00 Vendor MCHENRY TOWNSHIP FIRE PROTECTION DIST Total:   8,900.00 Vendor: NICOR GAS  NICOR GAS INV0013674 10/03/2022 UTIL 100‐42‐5510 167.20 NICOR GAS INV0013674 10/03/2022 UTIL 100‐43‐5510 156.39 NICOR GAS INV0013674 10/03/2022 UTIL 100‐45‐5510 183.82 NICOR GAS INV0013674 10/03/2022 UTIL 100‐46‐5510 77.36 NICOR GAS INV0013674 10/03/2022 UTIL 400‐00‐5510 424.46 NICOR GAS INV0013675 10/03/2022 UTIL 510‐31‐5510 557.01 NICOR GAS INV0013675 10/03/2022 UTIL 510‐32‐5510 5,136.48 Vendor NICOR GAS Total:   6,702.72 Vendor: OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD  OTTOSEN DINOLFO 148152 10/03/2022 LABOR 100‐01‐5230 312.00 Vendor OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD Total:   312.00 Vendor: ROBINSON ENGINEERING LTD  ROBINSON ENGINEERING LTD   22090137 10/03/2022 MCH WELL NO 11  580‐31‐8500 4,947.50 ROBINSON ENGINEERING LTD   22090138 10/03/2022 MCH WELL NO 14 580‐31‐8500 2,053.25 Vendor ROBINSON ENGINEERING LTD Total:   7,000.75 Vendor: SCHLUCKBIER, TOM  SCHLUCKBIER, TOM 776188 RE 10/03/2022 REISSUE CHECK NO 776188 210‐00‐5110 350.00 Vendor SCHLUCKBIER, TOM Total: 350.00 Vendor: THOMPSON, MELANIE  THOMPSON, MELANIE 775920RE 10/03/2022 CHECK 775920 REISSUE 100‐41‐5110 500.00 Vendor THOMPSON, MELANIE Total:   500.00 Vendor: TROTTER AND ASSOCIATES, INC  TROTTER AND ASSOCIATES, INC  20537 10/03/2022 STS 100‐33‐5300 22,673.80 Vendor TROTTER AND ASSOCIATES, INC Total:   22,673.80 Vendor: ULTRA STROBE COMMUNICATIONS INC  ULTRA STROBE 081840 10/03/2022 COMM DEV VEH 100‐01‐8300 1,364.75 ULTRA STROBE 081849 10/03/2022 COMMAND VAN 100‐01‐8300 5,092.73 Vendor ULTRA STROBE COMMUNICATIONS INC Total:   6,457.48 Vendor: US BANK EQUIPMENT FINANCE  US BANK EQUIPMENT FINANCE   482169646 10/03/2022 C H COPIERS 620‐00‐5110 598.56 US BANK EQUIPMENT FINANCE   482671864 10/03/2022 PW COPIERS 620‐00‐5110 336.21 Vendor US BANK EQUIPMENT FINANCE Total:   934.77 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE  ZUKOWSKI ROGERS FLOOD &   157449 10/03/2022 CORPORATE 100‐01‐5230 12,772.50 ZUKOWSKI ROGERS FLOOD &  157450 10/03/2022 TRAFFIC 100‐01‐5230 6,831.80 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total:   19,604.30 Grand Total:   625,445.39 9/28/2022 11:16:30 AM 23 Expense Approval Register Packet: APPKT02500 ‐ AP CKS 10‐3‐22 Fund Summary  Fund Expense Amount   100 ‐ GENERAL FUND 105,575.40   210 ‐ BAND FUND 350.00  225 ‐ ALARM BOARD FUND 195.00   270 ‐ MOTOR FUEL TAX FUND 358,885.18   280 ‐ DEVELOPER DONATION FUND 77,355.00   300 ‐ DEBT SERVICE‐1997A FUND 2,240.00   400 ‐ RECREATION CENTER FUND 424.46  440 ‐ CAPITAL IMPROVEMENTS FUND 45,393.75   510 ‐ WATER/SEWER FUND 9,052.52   580 ‐ UTILITY IMPROVEMENTS FUND 7,000.75  600 ‐ EMPLOYEE INSURANCE FUND 78.75  620 ‐ INFORMATION TECHNOLOGY FUND 934.77   760 ‐ POLICE PENSION FUND 17,959.81   Grand Total:   625,445.39   24 Expense Approval Register  McHenry, IL #2 List of Bills Council Meeting – 10‐3‐22 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: AT&T  AT&T 4322613707 10/03/2022 AT&T Fiber Internet 100M 620‐00‐5110 1,114.37 AT&T 5114773709 10/03/2022 AT&T Network on Demand 620‐00‐5110 1,501.27 AT&T 5114773709 10/03/2022 AT&T Monthly Phone Invoice 620‐00‐5320 716.13 AT&T 5130332703 10/03/2022 Voice Over IP ‐ IP‐Flex 620‐00‐5320 380.08 Vendor AT&T Total:   3,711.85 Vendor: BENCE, JENNIFER  BENCE, JENNIFER 9‐26‐22 10/03/2022 Cont ‐ Cupcake Kits 100‐46‐5110 56.00 Vendor BENCE, JENNIFER Total:   56.00 Vendor: BERKHEIMER CO INC, G W  BERKHEIMER CO INC, G W 7155887 10/03/2022 Berkhiemer Dehumidifier filters   510‐31‐6110 158.40 Vendor BERKHEIMER CO INC, G W Total: 158.40 Vendor: BLUE LINE, THE  BLUE LINE, THE 43799 10/03/2022 Patrol Officer Recriutment 100‐22‐5110 348.00 Vendor BLUE LINE, THE Total: 348.00 Vendor: CABAY & COMPANY INC  CABAY & COMPANY INC 66776 10/03/2022 Supplies 400‐40‐6110 335.70 CABAY & COMPANY INC 66802 10/03/2022 supplies 400‐40‐6110 272.21 CABAY & COMPANY INC 66851 10/03/2022 Custodial Supplies 400‐40‐6110 455.82 Vendor CABAY & COMPANY INC Total: 1,063.73 Vendor: CITY ELECTRIC SUPPLY  CITY ELECTRIC SUPPLY MCH/014115 10/03/2022 Cable Pull Lube 620‐00‐6110 18.29 CITY ELECTRIC SUPPLY MCH/014372 10/03/2022 Electrical Box  510‐32‐6110 23.38 Vendor CITY ELECTRIC SUPPLY Total: 41.67 Vendor: CONSERV FS  CONSERV FS 65144268 10/03/2022 SportField Supplies  100‐45‐6110 133.80 Vendor CONSERV FS Total:   133.80 Vendor: CORE & MAIN  CORE & MAIN R545356 10/03/2022 2 Male Iron Pipe Couplers 2" 510‐31‐6110 227.80 Vendor CORE & MAIN Total:   227.80 Vendor: DREISILKER ELECTRIC MOTORS INC  DREISILKER ELECTRIC MOTORS   I223278 10/03/2022 2 Meter BFP  INV# I223278 510‐32‐5375 41.06 Vendor DREISILKER ELECTRIC MOTORS INC Total:   41.06 Vendor: EBY GRAPHICS INC  EBY GRAPHICS INC 9735 10/03/2022 Banner 100‐22‐6110 391.10 Vendor EBY GRAPHICS INC Total: 391.10 Vendor: EJ EQUIPMENT  EJ EQUIPMENT PO7337 10/03/2022 441 (7337) 100‐33‐5370 270.85 Vendor EJ EQUIPMENT Total:   270.85 Vendor: ELAN CITY  ELAN CITY 20‐2912 10/03/2022 Radar sign shipping for repair 100‐33‐6110 485.00 Vendor ELAN CITY Total:   485.00 Vendor: FISCHER BROS FRESH  FISCHER BROS FRESH 18610 10/03/2022 Concrete for Curb Replacement   100‐33‐6110 375.00 FISCHER BROS FRESH 18666 10/03/2022 Storm Sewer Concrete #18666   100‐33‐6110 375.00 Vendor FISCHER BROS FRESH Total:   750.00 Vendor: FOX WATERWAY AGENCY  FOX WATERWAY AGENCY 0780‐IN 10/03/2022 Sports Field Repairs 100‐45‐6110 400.00 Vendor FOX WATERWAY AGENCY Total:   400.00 9/28/2022 12:32:38 PM 25 Expense Approval Register Packet: APPKT02505 ‐ 10‐3‐22 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: FOXCROFT MEADOWS INC  FOXCROFT MEADOWS INC 2070536 10/03/2022 Landscape Restoration Supplies   100‐33‐6110 1,015.00 FOXCROFT MEADOWS INC 207060 10/03/2022 SportsField repairs 100‐45‐6110 2,019.60 Vendor FOXCROFT MEADOWS INC Total:   3,034.60 Vendor: FREUNDLY DESIGNS  FREUNDLY DESIGNS 19 10/03/2022 Rise Up T‐Shrits 400‐40‐6110 165.00 Vendor FREUNDLY DESIGNS Total:   165.00 Vendor: GALLS LLC  GALLS LLC 022030732 10/03/2022 Uniform ‐ Aaron Greve 620‐00‐4510 203.30 GALLS LLC 022088216 10/03/2022 Uniform Order ‐ Sciame 100‐22‐4510 125.81 GALLS LLC 022088368 10/03/2022 Uniform Order ‐ McKeen 100‐22‐4510 41.39 GALLS LLC 022088517 10/03/2022 Uniform Order ‐ Beaudoin 100‐22‐4510 68.66 GALLS LLC 022088534 10/03/2022 Uniform Order ‐ Klasek 100‐22‐4510 155.00 GALLS LLC 022089600 10/03/2022 Uniform Order 100‐23‐4510 57.35 GALLS LLC 022145947 10/03/2022 Uniform Order 100‐22‐4510 110.80 Vendor GALLS LLC Total:   762.31 Vendor: GOLD MEDAL PRODUCTS  GOLD MEDAL PRODUCTS 394576 10/03/2022 Invoice 394576 100‐44‐6110 416.54 Vendor GOLD MEDAL PRODUCTS Total:   416.54 Vendor: GRAINGER  GRAINGER 9427593612 10/03/2022 Grainger  Compressor bowls 510‐31‐6110 158.16 Vendor GRAINGER Total: 158.16 Vendor: HAWKINS INC  HAWKINS INC 6290189 10/03/2022 Hawkins Demurrage 510‐31‐6110 10.00 HAWKINS INC 6296917 10/03/2022 Chemical Delivery 510‐32‐6110 6,471.75 Vendor HAWKINS INC Total:   6,481.75 Vendor: HEARTLAND BUSINESS SYSTEMS, LLC  HEARTLAND BUSINESS 546587‐H 10/03/2022 Microsoft Monthly M365 620‐00‐5110 3,819.50 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total:   3,819.50 Vendor: HEARTLAND COMPUTERS, INC  HEARTLAND COMPUTERS, INC  77087 10/03/2022 Zebra GK420 Thermal Printer 620‐00‐6270 429.00 Vendor HEARTLAND COMPUTERS, INC Total:   429.00 Vendor: ILLINOIS APCO  ILLINOIS APCO 745 10/03/2022 Fall Training ‐ Synek 100‐23‐5430 30.00 Vendor ILLINOIS APCO Total:   30.00 Vendor: ILLINOIS DEPT OF AGRICULTURE  ILLINOIS DEPT OF 7N002874 10/03/2022 Scales Inspection  100‐22‐5110 400.00 Vendor ILLINOIS DEPT OF AGRICULTURE Total:   400.00 Vendor: IMPERIAL SURVEILLANCE  IMPERIAL SURVEILLANCE 202130 10/03/2022 Door Access Support 620‐00‐5110 105.00 Vendor IMPERIAL SURVEILLANCE Total: 105.00 Vendor: IN‐PIPE TECHNOLOGY COMPANY INC  IN‐PIPE TECHNOLOGY 2178 10/03/2022 Monthly Invoice # 2178 510‐32‐5110 8,525.00 Vendor IN‐PIPE TECHNOLOGY COMPANY INC Total:   8,525.00 Vendor: INTERNATIONAL ACADEMICS OF EMERGENCY DISPATCH  INTERNATIONAL ACADEMICS SIN318587 10/03/2022 EMD Re‐cert Doolan 100‐23‐5430 55.00 Vendor INTERNATIONAL ACADEMICS OF EMERGENCY DISPATCH Total:   55.00 Vendor: INTERSTATE BILLING SERVICE INC  INTERSTATE BILLING SERVICE 3029321814 10/03/2022 411 (3029321814) 100‐33‐5370 244.01 Vendor INTERSTATE BILLING SERVICE INC Total: 244.01 Vendor: KIMBALL MIDWEST  KIMBALL MIDWEST 100290467 10/03/2022 kimball stock (100290467) 100‐33‐5370 296.96 Vendor KIMBALL MIDWEST Total:   296.96 9/28/2022 12:32:38 PM 26 Expense Approval Register Packet: APPKT02505 ‐ 10‐3‐22 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: MARKS TREE SERVICE & SNOW PLOWING CORP  MARKS TREE SERVICE & SNOW   9‐15‐22GOLFVIEW 10/03/2022 Tree Removal 100‐33‐6950 2,500.00 Vendor MARKS TREE SERVICE & SNOW PLOWING CORP Total:   2,500.00 Vendor: MCHENRY POWER EQUIPMENT INC  MCHENRY POWER EQUIPMENT   512680 10/03/2022 streets    512680 100‐33‐5370 9.43 Vendor MCHENRY POWER EQUIPMENT INC Total:   9.43 Vendor: MCHENRY SPECIALTIES  MCHENRY SPECIALTIES 2022‐647 10/03/2022 Softball Plaques 100‐47‐6110 200.00 Vendor MCHENRY SPECIALTIES Total: 200.00 Vendor: MEADE INC  MEADE INC 701855 10/03/2022 Traffic Signal Maint. 100‐33‐5110 188.34 Vendor MEADE INC Total:   188.34 Vendor: MID AMERICAN WATER OF WAUCONDA INC  MID AMERICAN WATER OF 252757W 10/03/2022 Splash Pad supplies  280‐41‐8800 67.17 MID AMERICAN WATER OF 253083W 10/03/2022 2" stiffners #253083W 510‐31‐6110 21.40 Vendor MID AMERICAN WATER OF WAUCONDA INC Total:   88.57 Vendor: MIDWEST HOSE AND FITTINGS INC  MIDWEST HOSE AND FITTINGS   220723 10/03/2022 411     220723 100‐33‐5370 53.17 MIDWEST HOSE AND FITTINGS  220940 10/03/2022 3" round hole strainer #220940  510‐31‐6110 70.45 Vendor MIDWEST HOSE AND FITTINGS INC Total:   123.62 Vendor: MINUTEMAN PRESS OF MCH  MINUTEMAN PRESS OF MCH   97464 10/03/2022 Shawn Business Cards 400‐00‐6210 41.00 MINUTEMAN PRESS OF MCH  97500 10/03/2022 Bryan Scheel Business Cards 510‐31‐6210 59.76 Vendor MINUTEMAN PRESS OF MCH Total:   100.76 Vendor: NILCO, INC  NILCO, INC 16083 10/03/2022 Natural Park Completion 280‐41‐8800 20,000.00 Vendor NILCO, INC Total:   20,000.00 Vendor: NORTH EAST MULTI‐REGIONAL TRAINING INC  NORTH EAST MULTI‐REGIONAL   310272 10/03/2022 Training ‐ Tina Noyes 100‐22‐5430 80.00 Vendor NORTH EAST MULTI‐REGIONAL TRAINING INC Total:   80.00 Vendor: NORTHERN ILLINOIS SWIM CONFERENCE  NORTHERN ILLINOIS SWIM 2022MH 10/03/2022 Invoice NISC 2023 Dues 100‐47‐5410 650.00 Vendor NORTHERN ILLINOIS SWIM CONFERENCE Total: 650.00 Vendor: NORTHWESTERN MEDICINE OCC HEALTH  NORTHWESTERN MEDICINE 530884 10/03/2022 New Hires (Funk, Hendrickson)  100‐05‐5110 117.00 NORTHWESTERN MEDICINE 531749 10/03/2022 Randoms (Harper, Leisten) 100‐05‐5110 215.00 NORTHWESTERN MEDICINE 531802 10/03/2022 2022 Wellness Recheck 100‐05‐5110 400.00 Vendor NORTHWESTERN MEDICINE OCC HEALTH Total: 732.00 Vendor: OFFICIAL FINDERS LLC  OFFICIAL FINDERS LLC 11104 10/03/2022 Officials Softball Invoice 11104   100‐47‐5110 520.00 Vendor OFFICIAL FINDERS LLC Total: 520.00 Vendor: OLSON AUTO BODY  OLSON AUTO BODY 3435 10/03/2022 Truck #824 Body repair 610‐00‐5980 2,336.50 Vendor OLSON AUTO BODY Total:   2,336.50 Vendor: PETROCHOICE LLC  PETROCHOICE LLC 51000926 10/03/2022 Fuel for WW Tank ‐ UTY ‐ 510‐35‐6250 2,596.62 PETROCHOICE LLC 51000930 10/03/2022 Fuel for WW Tank ‐ WW ‐ 510‐32‐6250 5,136.34 PETROCHOICE LLC 51000948 10/03/2022 Fuel for WW Tank ‐ STS ‐ 100‐33‐6250 2,568.17 PETROCHOICE LLC 51005020 10/03/2022 Fuel ‐ UTY ‐ 51005020 510‐35‐6250 242.51 PETROCHOICE LLC 51005031 10/03/2022 Fuel ‐ WW ‐ 51005031 510‐32‐6250 167.97 PETROCHOICE LLC 51005032 10/03/2022 Fuel ‐ WTR ‐ 51005032 510‐31‐6250 193.72 PETROCHOICE LLC 51005033 10/03/2022 Fuel 51005033 100‐45‐6250 437.11 PETROCHOICE LLC 51005034 10/03/2022 Fuel ‐ STS ‐ 51005034 100‐33‐6250 53.37 PETROCHOICE LLC 51005035 10/03/2022 Fuel ‐ 51005035 100‐22‐6250 2,430.72 Vendor PETROCHOICE LLC Total:   13,826.53 9/28/2022 12:32:38 PM 27 Expense Approval Register Packet: APPKT02505 ‐ 10‐3‐22 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: PETTIBONE & CO, P F  PETTIBONE & CO, P F 182592 10/03/2022 Uniform Order ‐ 100‐22‐4510 330.00 Vendor PETTIBONE & CO, P F Total:   330.00 Vendor: PITEL SEPTIC INC  PITEL SEPTIC INC 22429 10/03/2022 Toilet Rentals 100‐45‐5110 720.00 PITEL SEPTIC INC 22493 10/03/2022 Toilet Rentals 100‐45‐5110 1,840.00 Vendor PITEL SEPTIC INC Total:   2,560.00 Vendor: SYNCB/AMAZON  SYNCB/AMAZON 1231 9‐10 10/03/2022 Batteries 100‐23‐6210 16.16 SYNCB/AMAZON 1231 9‐10‐22 10/03/2022 CD's ‐ envelopes 100‐22‐6210 29.55 SYNCB/AMAZON 1231 9‐10‐22 10/03/2022 CD's ‐ envelopes 100‐22‐6210 92.59 Vendor SYNCB/AMAZON Total:   138.30 Vendor: TRAFFIC CONTROL & PROTECTION INC  TRAFFIC CONTROL & 112695 10/03/2022 Street Signs #112695 100‐33‐6110 867.20 Vendor TRAFFIC CONTROL & PROTECTION INC Total:   867.20 Vendor: ULINE  ULINE 153820022 10/03/2022 Safety Supplies INV#153820022   510‐32‐6110 1,069.50 Vendor ULINE Total:   1,069.50 Vendor: UPLAND CONSTRUCTION & MAINTENANCE LLC  UPLAND CONSTRUCTION & 1185 10/03/2022 Concrete work for the 290‐00‐8900 19,067.50 Vendor UPLAND CONSTRUCTION & MAINTENANCE LLC Total: 19,067.50 Vendor: VANDERSTAPPEN SURVEYING & ENGINEERING  VANDERSTAPPEN SURVEYING  54871 10/03/2022 54871 100‐03‐5110 275.00 Vendor VANDERSTAPPEN SURVEYING & ENGINEERING Total:   275.00 Vendor: VICTOR FORD, INC  VICTOR FORD, INC 166514 10/03/2022 314 (166514) 100‐22‐5370 32.73 Vendor VICTOR FORD, INC Total:   32.73 Vendor: VORTEX   VORTEX  51782 10/03/2022 Spray Pad final payment 280‐41‐8800 11,540.82 Vendor VORTEX  Total:   11,540.82 Grand Total:   110,238.89 9/28/2022 12:32:38 PM 28 Expense Approval Register Packet: APPKT02505 ‐ 10‐3‐22 RECT INV Fund Summary  Fund Expense Amount   100 ‐ GENERAL FUND 22,496.41   280 ‐ DEVELOPER DONATION FUND 31,607.99  290 ‐ TIF FUND 19,067.50   400 ‐ RECREATION CENTER FUND 1,269.73   510 ‐ WATER/SEWER FUND 25,173.82   610 ‐ RISK MANAGEMENT FUND 2,336.50   620 ‐ INFORMATION TECHNOLOGY FUND 8,286.94  Grand Total:   110,238.89   29 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. REGULAR AGENDA ITEM DATE: October 3, 2022 TO: Mayor and City Council FROM: Monte Johnson RE: Twisted Limits Class H Liquor License ATT: Application, Class H Interest Form AGENDA ITEM SUMMARY: A new Class H liquor license was recently established by City Council. This gives non-traditional esablishments a chance to obtain a l iquor license with restrictions such as beer and wine sales only, no full bar permitted, limited hours, and no video gaming. Twisted Limits Axe Throwing Lounge submitted an interest form requesting a C lass H license, and has been forwarded on for Council approval by Mayor Jett. They submitted a full liquor application and have already passed the background checks. RECOMMENDATION: If Council so chooses, a motion should be mad e to approve a Class H liquor lic ense to Twisted Limits Axe Throwing Lounge, 1722 N Richmond Road, McHen ry, IL. 30 4= . McHenr Business Name* Date* Twisted Limits Axe Throwing Lounge 09/07/2022 Business Address* Do you already have a liquor license for another business in the 1722 N.Richmond Road City of McHenry? No Yes Primary Business Type Bar Restaurant Entertainment Retail Other Please give a detailed description of your business so that Council may understand what goods/services you provide to the public. Axe Throwing lounge in McHenry,IL featuring 12 lanes with digitally projected gaming boards on end grain targets. Plenty of variety and gameplay options are offered on boards that are easy to stick an axe. Reservations are primarily made online but walk-ins are accommodated(usually best on weekends). Customers can book for 1 hour,90 minute, or 2 hour sessions priced per player for the time they choose. There is a 4 player maximum per lane ultimately allowing a capacity of 48 participants(12 lanes x 4 players). Our goal is to have a comfortable lounge-like environment where customers can partake in the trending game of axe throwing. We have made considerable efforts to ensure the safety of participants. Only one thrower is allowed in the lane at a time and only one axe per lane. Players are not allowed to hand an axe to another player. It must remain in the lane and be placed in a designated spot for the next player to pick it up. Thick rubber matting is suspended,surrounding each target board to take the inertia out of a missed throw so that it drops to the ground rather than bounce back towards a player. Our end grain targets also make the game easier,thus minimizing the chance of a"no-stick"where an axe could bounce back. Please explain why obtaining a liquor license fits in with your business plans. We feel that having the ability to sell alcoholic beverages fits well with our style of establishment. It is an entertainment venue first and we do not desire to operate like a traditional bar. Our goal is to make pre-packaged beer and wine available for purchase. We do not intend to do any open pouring or cocktails for example. Compared to our other two venues in town(escape rooms and laser tag arena),this one feels most apt to grab a drink or two in a small group or even for a date night. We are newly open but have had many inquiries as to if we have or will have a liquor license. Many locals and County residents are seeking an entertainment option where they can partake in a fun activity while also being able to have some casual drinks. The nearest axe throwing venue is in Crystal Lake(Spartan Axe Throwing)and they do have a liquor license. By having one ourselves,it allows our McHenry venue to be competitive with neighboring ones,keeping business in town. In fact,there have been customers who have called us and upon learning we do not have a liquor license,opted to go to the Crystal Lake venue. The plaza we are located in has struggled for some years and has only recently gained new tenants. We hope that our venue will help spur more commercial activity in the area. While there may be a slight bit of stigma with the concept of axe throwing being dangerous,we strive to be fully compliant with a class H license and are not opposed to setting a drink maximum for participants. As stated before,we mainly don't want to force customers to leave the establishment if they simply want an alcoholic beverage. We also feel like if we maintained a BYOB setup,it would be more detrimental than beneficial. Twisted Limits ownership is open to any discussion or suggestions council and staff may have. We currently do not have the site plan readily available in digital format,but it is on file with Community Development and the serving area is labeled on the layout. 31 Please also include a sketch/drawing of the layout of your business and where the liquor serving area will be located. You may upload this file below or email directly to: mjohnson@cityofmchenry.org File Upload Upload your site plan or any other useful documents that will help Staff and the Council your vision. Name of Person Submitting this Form:*Title Joe Panek Owner Phone Number* E-mail* 8158613324 info@twistedlimits.com This form and supporting documents will be reviewed by Staff and the Mayor,who serves as Liquor Commissioner. The Mayor has the option to take this request to Council for their review prior to a formal application for a liquor license.You will be strongly encouraged to attend the City Council meeting for pre-approval so that they may ask you questions about your business and interest in a Class H license. If the review by the City Council is positive,a liquor application may be submitted and processed for background checks and formal approval. For questions regarding the process of obtaining a Class H Liquor License,please contact Deputy City Clerk Monte Johnson at 815-363-2108,or email at mjohnson@cityofmchenry.org 32 4•-+4 McHenr License Classification Application Date* 8 2 22 License Type* A Class"D"(Special EvenP'license has a separate application A B C E F G License Classifications-Link to classificarions list in the Ciry Code New/Transfer* New Business Transfer of License Applicant Business Name of Business* Twisted Limits Axe Throwing Lounge Name on License Name to appear on liquor license(if different than above). Twisted Limts Axe Throwing Lounge Address* 1722 N Richmond Rd Phone* 815-271-5623 Email* info@twistedlimits.com Type of Business*Sole Proprietor Partnership LLC or Corporation Principal Business Bar Restaurant Type* Retail Store Hotel Gas Station Gaming Parlor Other Lounge Video Gaming* Do you intend to apply for video gaming? No Yes A separate application will need to be filled out for video gaming. The issuance of a qualified liquor license in the City of McHenry does not guarantee that a video gaming license will be issued. State of Filing List state of filing for LLC,Corporation,Partnership and Sole Proprietor IL Alcohol Sale Length How long has the business been in the business of selling alcohol?List date. Zoning What Zoning Classification is the business property? 33 Business Location History Date Date on which the business opened or will open at the above Business Location 7/1/2022 Property Ownership Is the property at which the applicant business is located owned or lesed by the applicant? Owned Leased List the property owner information for the leased property. A copy of the property lease agreement must also be submitted. If the property is owned by a land trust,trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. Person or Business Mid America Davco Heights 2 LLC Name Address 4403-15th Ave Suite 310, Brooklyn NY 11219 Phone Number 212- 392-5744 Email office@davcony.com Location Is the location of the applican'ts business for which the license is sought within one hundred feet of any church ie schook,hospital,funeral home,home for aged or indigent persons or for veterands and their families or anyQualifications military or naval station? No Yes Parking How many private property parking spaces are associated with the business location? 25+ Business Agent An agent is the authorized representative of the Licensee who has supervisory authority over all employees of the license premises.An agent may be an owner, partner, member, or designated manager. Full Name* Keith R DeSmet Date of Birth* Business History History* Have the applicant(s)(induding all 5%or higher owners),corporation,LLC,or partnership ever engaged in the business or sale of alcoholic liquor at any other location? No Yes Business Licensing and Filing Identification 34 ROT# ApplicanYs Retailer's Occupation tax(ROT)Registration Number Delinquency* Has applicant been delinquent in the payment of the Retailer's Occupational Tax(Sales Tax)? No Yes Insurance List the name and address of dram shop insurance company along with the policy numbers for both the applicant business and owner of the building (if leased)in which the alcoholic liquor will be sold for the duration of the license. Insurance Company Insurance Company Address Policy Number Owner Insurance Company Owner Insurance Address Owner Policy Number Background Questionnaire The following questions are in relation to the McHenry City Liquor Ordinance and Illinois law as it pertains to liquor licensing.All questions must be answered honestly. Failure to do so may disqualify you from the application process. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor;and will you abide by them? Yes No Will you maintain the entire premises in a safe, clean and sanitary manner free from conditions,which might cause accidents? Yes No Will you attempt to prevent rowdiness,fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? Yes No Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license,advanced money or anything else of value or any credit(other than merchandising credit in the ordinary course of business for a period not in excess of 90 days),or is such a person directly or indirectly interested in the ownership,conduct or operation of the place of business? Yes No 35 Have any of the applicants, including all listed agents and partners who have a minimum of a 5%ownership in the business been convicted of any violation of any law pertaining to alcoholic liquors? Liquor Violations?* Yes No Have any of the applicants, including all listed agents and partners who have a minimum of a 5%ownership in the business been convicted of a felony or misdemeanor? Felony/ Yes Misdemeanor?* No Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? Yes No Has any owner(s)or member(s)of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager, or director thereof;or, any stockholder owning in the aggregate more than twenty(20)percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? Federal Yes Gaming/Wagering No Stamp* Have you, or any partner, or owner of 5%or more shares of the business or Agent,ever had a liquor license revoked or suspended? Suspension* Yes No Liqour Suspension Information For a large number of suspensions, a separate document may be submitted in lieu of filling out the boxes below. Name Date and Location of Offense Is any individual who is directly or indirectly interested in applicanYs place of business,a law-enforcing official or elected public official (mayor,alderman, and member of any City commission, committee or board)? Official or Officer*Yes No Public Official or Officer Information Name Address Phone 36 Have you ever been convicted of a gambling offense(if a partnership or corporation, include all partners,owners of 5%or more shares of the corporation and the local manager)? Gambling Offense Yes No Ownership Records A List of all owners, partners,stock holders and members must be listed below. In lieu of filling out multiple boxes, additional supporting paperwork may be submitted. Owner Information Name Keith R deSmet Date of Birth Percentage of 50 Ownership Citizenship-Owner Birth Naturalization Name Joe Panek Date of Birth Percentage of 50 Ownership Citizenship-Owner Birth Naturalization File Upload Upload supporting documents,certificate of insurance etc I,the undersigned, being first duly sworn,deposes and says that I(we), have read the above and foregoing Application,caused the answers to be provided thereto and all of the information given on said Application to be true and correct,and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. Signature of Authorized Agent of r`°u'°rrf Corporation 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.37 Date* 7/8/2022 38 City of McHenry 333 S Gre en Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA ITEM DATE: October 3, 2022 TO: City Council FROM: Mayor Jett RE: El Gordo Mexican Bar and Grill Liquor and Video Gaming AGENDA ITEM SUMMARY: El Gordo Mexican Restaurant has changed owners and therefore the new ownership m ust obtain approva l from the City Council. The restaurant has held a Class B (table service) li quor license along with video gaming . Background checks have bee n completed for the new onwers and business agent. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve a Class B Liquor License and video gaming license to El Gordo Mexican Bar and Grill Inc, located at 929 Front Street. 39 4•-+4 McHenr License Classification Application Date* 8/25/2022 License Type* A Class"D"(Special EvenY'license has a separate application A B C E F G License Classifications-Link to classifications list in the City Code New/Transfer* New Business Transfer of License Applicant Business Name of Business* EI Gordo Mexican bar and grill INC Name on License Name to appear on liquor license(if different than above). Fidelina Gomez Address* 929 Front St Mchenry Phone* 8473099610 Email* elgordofg21 @yahoo.com Type of Business*Sole Proprietor Partnership LLC or Corporation Principal Business Bar Restaurant Type* Retail Store Hotel Gas Station Gaming Parlor Other Video Gaming* o you incend co zppry ror video gaming? No Yes A separate application will need to be filled out for video gaming. The issuance of a qualified liquor license in the City of McHenry does not guarantee that a video gaming license will be issued. State of Filing List state of filing for LLC,Corporation,Partnership and Sole Proprietor IIl01S Alcohol Sale Length How long has the business been in the business of selling alcohol?List date. 23 days Zoning What Zoning Classification is the business property? c5 40 Business Location History Date Date on which the business opened or will open at the above Business Location 8/3/2022 Property Ownership Is the property at which the applicant business is located owned or lesed by the applicant? Owned Leased List the property owner information for the leased property. A copy of the property lease agreement must also be submitted. If the property is owned by a land trust,trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. Person or Business TCP-Mchenry,LLC-william Deeds Name Address 601 W. Belden Ave, unite 1A Chicago. IL 60614 Phone Number 847- 347-5859 Email wdeeds@tylercambridge.com Location Is the location of the applican'ts business for which the license is sought within one hundred feet of any church ie schook,hospital,funeral home,home for aged or indigent persons or for veterands and their families or anyQualifications military or naval station? No Yes Parking How many private property parking spaces are associated with the business location? 20 Business Agent An agent is the authorized representative of the Licensee who has supervisory authority over all employees of the license premises.An agent may be an owner, partner, member, or designated manager. Full Name* fidelina Gomez Date of Birth* Citizenship* Birth Naturalization Naturalized Info List date and place of naturalization mexico/michuacan Email* Business History 41 History* Have the applicant(s)(including all 5%or higher owners),corporation,LLC,or partnership ever engaged in the business or sale of alcoholic liquor at any other location? No Yes Business History Information For a large history,documents can be uploaded in lieu of filling out the fields Name of Person or las cazuelitas restauran Business DIB/A Name fidelina gomez Address 21 crystal lake plaza, crystal lake il 60014 Business Licensing and Filing Identification ROT# Applicant's Retailer's Occupation tax(ROT)Registration Number Delinquency* Has applicant been delinquent in the payment of the Retailer's Occupational Tax(Sales Tax)? No Yes Insurance List the name and address of dram shop insurance company along with the policy numbers for both the applicant business and owner of the building (if leased)in which the alcoholic liquor will be sold for the duration of the license. Insurance Company state farm Insurance Company 1783 N Richmond Road, Mchenry, II 60051 Address Policy Number Owner Insurance Company Owner Insurance Address Owner Policy Number Background Questionnaire The following questions are in relation to the McHenry City Liquor Ordinance and Illinois law as it pertains to liquor licensing.All questions must be answered honestly. Failure to do so may disqualify you from the application process. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor;and will you abide by them? Yes No 42 Will you maintain the entire premises in a safe,clean and sanitary manner free from conditions,which might cause accidents? Yes No Will you attempt to prevent rowdiness,fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? Yes No Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit(other than merchandising credit in the ordinary course of business for a period not in excess of 90 days),or is such a person directly or indirectly interested in the ownership,conduct or operation of the place of business? Yes No Have any of the applicants, including all listed agents and partners who have a minimum of a 5%ownership in the business been convicted of any violation of any law pertaining to alcoholic liquors? LiquorViolations?* Yes No Have any of the applicants, including all listed agents and partners who have a minimum of a 5%ownership in the business been convicted of a felony or misdemeanor? Felony/ Yes Misdemeanor?* No Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? Yes No Has any owner(s)or member(s)of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager,or director thereof;or, any stockholder owning in the aggregate more than twenty(20)percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? Federal Yes Gaming/Wagering No Stamp* Have you,or any partner, or owner of 5%or more shares of the business or Agent,ever had a liquor license revoked or suspended? Suspension* Yes No Liqour Suspension Information For a large number of suspensions,a separate document may be submitted in lieu of filling out the boxes below. Name 43 Date and Location of Offense Is any individual who is directly or indirectly interested in applicanYs place of business, a law-enforcing official or elected public official(mayor,alderman,and member of any City commission, committee or board)? Official or Officer*Yes No Public Official or Officer Information Name Address Phone Have you ever been convicted of a gambling offense(if a partnership or corporation, include all partners,owners of 5%or more shares of the corporation and the local manager)? Gambling Offense Yes No Ownership Records A List of all owners, partners, stock holders and members must be listed below. In lieu of filling out multiple boxes, additional supporting paperwork may be submitted. Owner Information Name Yuritzi moreno Date of Birth Percentage of 100 Ownership Citizenship-Owner Birth Naturalization Naturalization Info- mexico Owner File Upload Upload supporting documents,certificate of insurance,etc I,the undersigned,being first duly sworn,deposes and says that I(we), have read the above and foregoing Application,caused the answers to be provided thereto and all of the information given on said Application to be true and correct,and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. 44 Signature of Sole Proprietor r ff 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. Date* 8/25/2022 45 4•-+4 McHenr The annual license term runs May 1 st through April 30th. The annual license fee payable to the City for a licensed private business shall be$1,000 for each video gaming establishment and$1,000 for each video gaming terminal. Fees for non-for-profit establishments shall be$250 per establishment and$250 for each video gaming terminal. ApplicanYs EI Gordo Mexican Bar End Grill Corporate Name* Business Address* 929 Front St, mchenry il 60050 Business Phone#* 8153442804 Email* elgordofg21@yahoo.com Terminals Number of video gaming terminals to be operated(maximum 6) 5 Previous App? Have you made an application for a similar license for premises other than described in this location No Yes License Revoked? Has any license previously issued to you by State,Federal or local authorities been revoked? No Yes Terminal Operator Information The local business is not the terminal operator.The terminal operator is the business that you get your machines from. Name of Operator EI Gordo Mexican Bar End Grill Address of Operator 929 Front St, mchenry il 60050 Phone#of Operator 8153442804 Operator Email elgordofg21 @yahoo.com Applicant Signature* f ir.r rr r 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. Title owner Date* 9/9/2022 46 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Ross Polerecky, Community Development Director FOR: October 3, 2022 Regular City Council Meeting RE: Award of Purchase Order Contract to Hellios Construction for the Demolition of 1405 Riverside Drive ATT: Proposal, Contract, ordinance Agenda Item Summary: Earlier this year the City Council authorized the purchase of 1405 Riverside Drive, the purpose of this purchase was to use the property to expand municipal parking in the Riverside Drive area. Staff is asking for City Council to (1) adopt the attached ordinance waiving the re quirement of advertising for competitive bid set forth in 65 ILCS 5/8-9-1 and the required competitive bidding called for within the City’s Purchasing Policies for the demolition of 1405 Riverside Drive; (2) approve and authorize Director Polerecky to enter into a Purchase Order Contract with Hellios Construction company for a total amount not to exceed $25,750; and, (3) approve an Ordinance amending the FY22/23 Budget, Community Development Contractual Services Line Item (100- 03-5110) in the amount of $25,750. Background: The City purchased 1405 Riverside Drive with the intent of tearing the existing single-family home down and turning the property into a parking lot. Utilities have been disconnected from the home in preparation for the demolition. The Landmark Committee was contacted, memb ers were able to go into the home and document the structure. Analysis: City staff obtained quotes from four companies, the following proposals were received: Hellios Construction $25,750.00 Gafron Excavating $29,300.00 Underground Solutions $34,300.00 Eagle Biomass $37,850.00 47 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City staff have reviewed the proposals and is recommending a purchase order contract be awarded to Hellios Construction in the amount of $25,750.00 Therefore, if Council concurs, it is recommended that a motion be made to (1) adopt the attached Ordinance thereby waiving the requirement of advertising for competitive bid set forth in 65 ILCS 5/8-9-1 and the required competitive bidding called for within the City’s Purchasing Policies for the demolition of 1405 Riverside Drive, (2) approve and authorize Director Polerecky to enter into a contract with Hellios Construction for a total amount not to exceed $25,750; and, (3) approve an Ordinance amending the FY22/23 Budget in the amount of $25,750 in the Community Development contractual services budget (100 -03- 5110). 48 49 Page 1 of 4 CITY OF McHENRY PURCHASE ORDER NO. (Prevailing Wages Apply) Project: Demolition of 1405 Riverside Drive McHenry , IL 60050 Location: City of McHenry 1405 Riverside Drive Mc Henry , IL 60050 Owner Contractor City of McHenry 333 South Green Street McHenry, Illinois 60071 Phone: (815) 363 -2100 Contact: Ross Polerecky, Dir. of Community Development rpolerecky@cityofmchenry.org Hellios Construction Co 855 S. Rand Road Ingl eside, Illinois 60041 COST OF WORK The Contract Price of the Work under th is Purchase Order is based on time and materials and shall not exceed $25,750 SCOPE OF WORK: Contractor shall f urnish labor and materials necessary to complete the following work/items, collectively, (“Work”): see Contractor’s Proposal d ated August 20 , 2022 attached hereto and incorporated herein. NOTES: A. Changes to the projec t scope, affecting materials and/or labor required to complete the Work noted above and resulting in additional cost, will require revisions to this Purchase Ord er and Owner’s approval prior to proceeding with the work. B. The Contract Price is based upon Work being performed during our normal bu siness hours – Monday through Friday, 7a.m. – 3:30p.m. C. Payment and performance bonds by Contractor are waived. D. No reta inage shall be req uired. 1. Acceptance of Purchase Order . The Purchase Order is an offer to contract, buy or rent and not an accepta nce of an offer to contract, sell or rent. Acceptance of this Purchase Order is expressly limited to the terms hereof, and in the event that Contractor’s Proposal or Contractor’s acknowledgment or other response hereto states terms additional to or differe nt from those set forth herein, this Purchase Order shall be deemed a notice of objection to such additional or different term s and rejection thereof. This Purchase Order may be accepted by the commencement of any work hereunder or the delivery of any good s herein ordered, and, in any event, shall be deemed accepted in its entirety by Contractor unless Owner is notified to the contra ry within ten (10) days from its date of issue. This Purchase Order contains the entire agreement between the parties. Any mod ification or recession thereof must be in writing and signed by Owner. No proposals or prior dealings of the parties or trade custom not embodied herein shall alter the interpretation or enforcement of this Purchase Order. 2. Familiarity with Site Conditions; Qualifications. Contractor acknowledges that it has examined and is familiar with the site conditions surrounding t he propo sed Work and is aware of, and satisfied with, the requirements of this Purchase Order. Contractor represents to Owner that it is fully experienced and properly qualified as an expert to perform the class of Work provided for herein, and that it is properly equipped, organized and financed to handle such work. Contractor shall finance its own operations hereunder, shall operate as an independent contractor and not as the agent of Owner, and shall hold Owner free and harmless from all liability, cost s a nd charges by reason of any act or representations of Contractor, its agents or employees. 3. Extras and Change Orders. No claim by Contractor that any instructions, by drawing or otherwise, constitute a change in Contractor’s performance hereunder, for which Contractor should be paid additional compensation shall be valid, unless prior to commencing such allegedly extra or changed performa nce. Contractor shall have received a written supplement to this Purchase Order authoriz ing such performance signed on behalf of Owner by a person have actual authority to do so. No claim for additional compensation on the basis that Contractor has incurred any expense by reason of any act or failure to act or Owner or its contractor, subcont ractor, materialmen or any oth er party sha ll be valid un less made in writing within 30 days of the alleged act or failure to act and approved in writing by Owner, provided however, that if the Contractor should be delayed in furnishing the articles, items, equipment or materials (hereinafter sometimes referred to as “goods”) or services or work (hereinafter sometimes referred to “Work”) ordered herein, by the omission ne glect or default of Owner, its agents or employees, Contractor shall be entitled to no additional compensation or dama ges for such delay, and shall be entitled only to an extension of time for a period equal to the time lost as a result of the aforesaid ca uses, determined by Owner. Any charges for extra not so authorized will not be paid. 4. Inspection and Acceptance . Owner shall have the right at a ll reasonable times to inspect and test all goods, materials or work furnished by Contractor and all work performed or furnished by Contractor. Notwithstanding any prior inspection, the passage of tit le or any prior payment, all goods, ma terial and work fu rnished there under are subject to final inspection and acceptance by Owner at its job site. If, after inspection, Owner rejects any goods furnish by Contractor there under, Owner may, at its election , return those goods to Contractor at Contractor’s expense, including the cost of any inspection and testing thereof. If Contractor fails to proceed promptly with the c orrection or replacement of any rejected goods or work, Owner may replace or correct such items or work by purchase or manufacture and charge the cost incurred thereby to Contractor or terminate this Purchase Order for default in accordance with paragraph 7 herein. By inspecting and not rejecting any goods and work furnished there under, Owne r shall not be precluded thereby from subsequently revok ing its acceptance thereof it the goods or work are later discovered to be nonconforming with this Purchase Orde r or the specifications and drawings applicable hereto, even if the defect does not substantially impair value to Owner. 50 Page 2 of 4 5. Tax es, Delivery, Risk of Loss. Unless indicated to the contrary on the face hereof, it shall be the responsibility of Contractor to a rrange for and complete delivery of all goods or materials. If the goods or materials f urnished there under are equipment, Contractor shall giv e Owner two (2) working days’ advance notice of delivery. All goods or materials furnished by Contractor should be shipped in the manner and at the times indicated on the face hereof at the expense of Contractor, it being understood that the risk of loss with respect to such goods is with Contractor until such goods come into the actual possession of Owner, regardless of the mode of delivery or earlier passage of title. This Pro ject is tax exempt. The Owner’s tax -exempt number is:E9995 -0881 -07 . 6. Payment. A. Contractor may submit for payment every thirty (30) days. Prior to issuance of any payments by the Owner to the Contractor, the Contractor shall furnish to the Owner (in a form suitable to the Owner) an invoice for payment then due, together with rec eipts, waivers of claim and other evidence showing the Contractor’s payments for materials, labor and other expense incurred in the Contractor’s Work hereunder. B. Owner may withhold the whole or an y part of any payment due to the Contractor to the exten t necessary to protect and indemnify the Owner from loss on account of (a) defective work not remedied, (b) claims filed or reasonable evidence indicating probable filing of claims, (c) failure of the Contractor to make payments p romptly for material or la bor, or (d) Contractor’s failure to furnish Owner with all written warranties and operational manuals for the Wo rk. C. Contractor hereby authorizes the OWNER (1) to deduct from any amount due or becoming due the Contractor under th is Pu rchase Order for a ll amounts owing from the Contractor to (a) the Owner for back-charges or services furnished for the account of the Contractor, (b) the Owner for damages sustained whether through negligence of the Contractor or through failure of th e Contractor to act as may be otherwise detailed herein, (c) material men , (d) subcontractors, (e) laborers, and (f) others for service s and materials furnished to the Contractor for the Work performed under this Purchase Order, and (2) to apply the amount so deducted to the payment of said materials, services, damages or back-charges applying such monies so available in the order hereinb efore set forth. D. Owner, without invalidating this Purchase Order, may make changes by altering, adding to or deducting from the Work to be performed. The value of any such changes will be determined as follows: (a) by the unit prices named in this Purchase order, if any, or (b) by agreement in writing between the Owner and the Contractor as to the value of the time and mat eria ls for the changes in the Work. In any event, the Contractor will keep and present, in any form as the Owner may direct, a co rrect account of the net cost of any extra labor and materials, together with vouchers referring to the same. E. Notwithstanding the payment in full for the Work hereunder, the Contractor will be liable to repair or replace any imperfect workmanship or other faults; and if the Contractor fails to repair or replace the imperfect workmanship or other faults, the Owner may do the Work and recover f rom the Contractor the cost and expense thereof. No payment on account will be construed or considered as an ap proval of the Work for which payment is made. 7. Contractor Warranty . Contractor warrants in addition to all warranties which are imposed or implied by law or equity that all materials and work furnished there under (i) shall confirm to any specifications and drawings applicable to this Purchase Order, (ii) shall be merchantable and of good qua lity and workmanship, (iii) sh all be f it for the purpose intended as well as the purpose for which such goods, materials or work are generally used, and (iv) shall be f ree from defects for a period of one (1) year or such longer period as is specified in the contract documents, from th e date any such goods, mat erials or Work hereunder is accepted in writing by Owner. Contractor expressly agrees that the statue of limita tions with respect to Contractor’s warranties shall begin to run on the date of acceptan ce by Owner. Contractor furth er indemnifies and holds t he Owner harmless from all claims, liens, fees and charges and payment of any obligations arising thereunder. 8. Insurance. Contractor shall at all times maintain business automobile, commercial liability and workers compensation in surance covering its work and all obligations under this Purchase Order, and shall name the Owner as an additional insured on its commercial liability insurance policies for Contractor operations under this Purchase Order. Liability insurance limits shall be in an amount sufficient to protect the Owner’s interests as they may appear herein, but in no event less than $1,000,000.00 per occurr ence. 9. Indemnity . Contractor hereby agrees to indemnify Owner for any loss, expense, recovery or settlement, including counsel f ees and costs of defense which arise from any demand, claim (whether frivolous or not) or suit which may be asserted or brough t against Contractor or Owner as a result of any injury or damage to any person or persons (including death) or property (i) a llegedly caused by , resulting form, arising out of or occurring in connection with the furnishing of any goods, materials or work or the performance or preparation for performance of any of the work or any duties of the Contractor hereunder, or incident or pertaining thereto, and (ii) whether or not such injury or damage is due to or chargeable to any alleged negligence of Owner or a ny contractor or subcontractor under a contract from which the goods, materials or work is herein ordered are required , o r the alleged negligence of any employee of Owner or aforesaid contractor or subcontractor, including but not limited to any claim based on liability without fault for injury caused by defective goods, materials or work sup plied by Contractor. Further, A. Contra ctor acknowled ges that any such items or work furnished hereunder may include in whole or in part with or without modification or improvements in equipment, machinery or items constructed by Owner, and that should such item or work prove defect ive such charges claimed b y Owner shall include consequential damages, penalties, taxes or assessments (including punitive damages), inclu ding counsel fees and the costs of defense, which may be imposed or incurred unde r any f ederal, state or local la w, o rdinance or regulation upon or with respect to (i) the payment of compensation to any individual employed by Contractor, (ii) any discrimination against any individual employed by Contractor on the basis of race, color, religio n, sex, national origin or phy sical or men tal handicap, (iii) the protection of purchasers and users of consumer products, or (iv) occupational safety and health, and B. I n any and all claims against Owner or any of its agents or employees, by any employ ee of Contractor, the indemnif ication obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor under workers’ compensation acts, disability benefits acts or employee benefit acts, or o ther app licable law. Cont ractor assumes the entire liability for its own negligence and as part of this Purchase Order waives all defense s available to Contractor as an employer which limit the amount of Contractor’s liabilit y to Owner to the amount of Contractor’s liability under any workers’ compensation, disability benefits or employee benefit acts. 51 Page 3 of 4 10.Cancellation. Time of delivery of this Purchase Order is of the essence and Owner may, by written notice of default to Contractor, cancel the whole or any part of this Purchase Order (i) if Contractor fails to make delivery of the goods or perform the services within the time specified herein or any extensions thereof, or (ii) if Contractor fails to perform or so fails to make p rogress as to endanger performance there under, and in either circumstance does not cure such failure within a period of two (2) business days after receipt of notice f rom Owner specifying such failure. Owner, by written notice to Contractor, may cancel t he whole or any part of this Purchase Order when it is in the best interest of Owner or when Owner has been notified of modification of the specifications pertaining th ereto. If this Purchase Order is so canceled, the Contractor shall be compensated for such canceled as follows: (a) for materials delivered and services performed as the reasonable value as part of the Contract Price; (b) for materials not identified to t his Purchase Order and service not performed, no compensation; and (c) for Contractor’s lost profits or incidental or con sequential loss, no com pensation. 11.Owner’s Remedies. Contractor shall, for the duration of its warranties under paragraph 7 herein, at the discretion of Owner and at the expense of Contractor, replace, repair and insure any and all faulty or imperfect good s, materials or work fu rnished or performed by Contractor there under. In the event Contractor fails to do so, Owner may furnish or perform the same and recover materials from Contractor the cost and expense directly or ind irectly resulting there from, includin g all consequentia l damages but not limited to the cost or expense of inspection, testing, removal, replacement, re -installation, destruction of other materials resulting there from and any increased cost or expense to Owner in its performance unde r contracts with others, p lus 15% of all such costs or expenses for overhead. The foregoing remedies shall be available in addition to all other remedies available to Owner in equity or at law including the Uniform Commercial Code. 12.Compliance with Laws. During the p erformance hereunder, Contractor agrees to give all notices and comply with all Laws and Regulations of the United States and/or the State of Illinois applicable to the performance of the Work, including but not limited to those Laws and Regulations regard ing the payment of prevailing wages, non -discrimination laws, employment of Illinois workers, labor, wage and collective barga ining. Except where otherwise expressly required by applicable Law s and Regulations, Owner shall not be responsible f or monit orin g Contractor’s compliance with any Laws or Regulations. 13.Prevailing Wage Act Applies. The Owner hereby notifies Contractor and Contractor shall comply with the terms and procedures of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq., and that not less than t he prevailing rate of wages as found by the Owner, the Department of Labor or as determined by the court on review shall be paid to all laborers, workers, and mechanics performing work on this Project. To the extent that there are any vio lations of the Illinois Prevailing Wage Act and any demands are made upon the Owner by the Illinois Department of Labor or by any employee of the Contractor or a Subcontractor performing Work on the Project, the Contra ctor shall be responsible for ind emnifying and holding t he Owner free and harmless from all costs, liability or damages incurred, directly or indirectly, by the Owner including attorneys’ fees, in responding to and complying with demands made by the Department of Labor or an aggrieved emp loyee and such amounts may be withheld from the payments to be made on the Project. It is the intention that the Owner shall suffer no time loss or other additional expenses in complying with any inquiry made with regard to the Illinois Prevailing Wage Act. 14.Human Rights Act Applies. The Owner hereby notifies Contractor and Contractor shall comply with the terms and procedures of the Illinois Human Rights Act, 775 ILCS 10/0.01 , et seq. 15.Drug Free Workplace Applies. The Owner hereby notifies Contractor an d Contra ctor certifies that it will provide a drug free workplace and that it is in compliance with the requirements of the Illinois Drug Free Workplace Act. 30 ILCS 580 /1 , et seq. Upon request, Contractor shall execute a certif ication in compliance with the Owner’s drug-free workp lace policy and/or the Illinois Drug-Free Workplace Act as submitted by the Owner to the Contractor. 16.Sexual Harassment. The Owner hereby notifies Contractor and Contractor certifies that it has a written sexual harassment policy which in cludes (i) the illegality of sexual harassment; (ii) a definition of sexual harassment (iii) a description of sexual harassment, u tilizing examples; (iv) an internal complaint process including penalties; (v) the legal recourse, investigative and comp liant process through the Illinois Department of Human Rights; (vi) directions on how to contact the Department and Commission; and (vi i) protection against retaliation for exercising rights under the policy in accordance with the Illinois Human Rights Act, 775 ILCS 5/1 -101, et seq. The Owner and Contract or are subject to the rules and regulations of the Illinois Department of Human Righ ts and the statutory requirements thereof. 17.Veterans Preference Act Applies. In the employment and use of labor, and to the extent required by law, the Contractor shall conform to the Illinois Veterans Preference Act, 330 ILCS 55/0.0 1 et seq. 18.Debarment. The Contractor certifies that it is not barred from bidding on the Work as a result of a conviction for either bid -rigging or b id rotating pursuant to 720 ILCS 5/33E-11. 19.Force Majeure. The parties’ duty to perform under this Purchase Order are contingent upon the non -occurrence of an Event of Force Majeure. If either party shall be unable to carry out any material obligat ion under th is Purchase Order due to an Event of Force Majeure, this Purchase Order shall at Owner’s election (i) remain in effect but Contractor’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days’ notice to Contractor, in which event Owner shall pay Contractor for all parts of the Work furnished to the date of termination. An “Event of Force Majeure” shall mean any cause or event beyond the control of the parties. With out limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil d isobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court ord er or pub lic authority (whether valid or invalid); and action or non -action by or inability to obtain or keep in force the necessary go vernmental authorizations, permits, licenses, certificates or approvals if not caused by Contractor; and the requirements of any applicable government in any manner that diverts either the materials to the direct or indirect benefit of the government. 20.Arbitration. Any controversy or claim arising out of or relating to this Purchase Order, or the breach thereof, shall be set tled by binding arbitra tion administered by the American Arbitration Association under its Construction Industry Arbitration Rules or J AMS Dispute Resolution, as determined in the exc lusive discretion of the Owner, at 333 South Green Street, McHenry, Illin ois, and judgment on the award 52 Page 4 of 4 rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree t hat an arbitration award by default may be entered upon the party failing to appear or d efend itself in any arbitratio n p roceeding. 21.Recovery of Fees. In the event of any arbitration of this Purchase Order between the parties, or litigation of this Purchase Order, the non-prevailing party, as determined by the arbiter or court, shall pay all expenses incurred by the preva iling pa rty, including, but not limited to (a) attorneys’ fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation . 22.Controlling Law; Severability . The validly of this Purchase Orde r or any of its provisions and the sufficiency of any performance there under shall be determined under the laws of Illinois. If any provision or requirement of this Pu rchase Order is declared or found to be unenforceable that balance of this Purchase Orde r shall be interpreted and enf orced as if the unenforcea ble provision or requirement was never a part hereof. ACCEPTANCE OF PURCHASE ORDER The parties, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of all terms and provisions herein contained. Owner: Contractor: By: By: Title: Title: Date: Date: 53 ORDINANCE NO. 22- An Ordinance Waiving Advertising for Bids and Waiving Certain City Purchasing Policies and Authorizing a Purchase Order Contract to Demolish 1405 Riverside Drive WHEREAS, the City of McHenry, McHenry Count y, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, on December 17, 2021, the City of McHenry took purchased 1405 Riverside Drive McHenry, IL 60050. WHEREA S, the city has plans to demolish the existing single family home and construct a parking lot . WHERAS, t he City has determined that it is in the City’s best interest to enter into Purchase Order Contract to handle the d emolition with Hellios Construction, for a total amount not to exceed $25,750. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry Count y, Illinois, as follows: SECTION 1: As time is of the essence, in order t o allow the City to move forward with the demolition of 1405 Riverside Drive, the City hereby waives the requirement of advertising for competitive bids set forth in 65 ILCS 5/8-9-1 and the required competitive bidding called for within the City’s Purchasing Policies. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remain der thereof, which remainder shall remain and continue in full force and effect. SECTI ON 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force an d effect upon its passage, approval and publication in pamphlet form (which publicat ion is hereby authorized) as provided by law. Passed this 3rd day of October 2022. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ 54 Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Mont e Johnson, Deputy Clerk 55 ORDINANCE NO. 2 2- AN ORDINANCE AMENDING THE FY202 2/2023 BUDGET FOR THE FISCAL YEAR ENDING APRIL 30, 20 23 WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitu tion of the State of Illinois; and WHEREAS, the City of McHenry acting by and through its Mayor and City Council has previously approved the FY22/23 Annual Budget for the Fiscal Year Ending April 30, 2023 by a motion at the Regular City Council Meeting held on April 18, 2022; and WHEREAS, it is necessary and appropriate to delete, add to, or otherwise change certain line items in said Budget Ordinance as provided in Exhibit A to this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the amendments to the Budget Ordinance for the Fiscal Year Ending April 30, 2023 are hereby approved in the form and content as provided by Exhibit “A” which is attached hereto and made part hereof. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed t his 3rd day of October, 2022. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab ____ _____ _____ _____ Alderman Harding ____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller ____ _____ _____ _____ 56 Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk EXHIBIT A The follo wing budget items are amended by this Ordinance: FY 22/23 Budget Amendment – Contractual Services (100-03-5110) - $25,750 57 City of McHenry 333 S Gre en Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of p rograms and services in a customer-oriented, efficient, and fiscally responsible manner. DISCUSSION ITEM DATE: October 3, 2022 TO: City Council FROM: Deputy Clerk Monte Johnson RE: Don’s Subs Liquor and Video Gaming AGENDA ITEM SUMMARY: Don’s Subs currently holds a Class B liquor license (table service) and a video gaming lic ense. They are looking to sell their business. Potential new owners of the business have inquired about the process of taking over th e business. It was explained that when new business owners take over a liquor or video ga ming license, it is not automatically transferred. A full background check would need to be done and the C ouncil would have the ability to approve or deny the licenses for the new owners. The potential new business owners have reservations about the possibility of getting denied a liquor or gaming license after spending the money to purchase the business. The new owners have requested a discussion with C ouncil prior to purchasing the business to ensure there will be no problems with obta ining licenses if they were to move forward. The potential new owners will be pr esent at the meeting to explain their plans to improve Don’s Subs and to answer any questions Council might have in the event Council members might be inclined to deny an application if the business were to change owners. 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75