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Home My WebLink AboutPacket - 3/20/2023 - City CouncilThe City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA REGULAR CITY COUNCIL MEETING Monday, March 20, 2023, 7:00 p.m. City Council Chamber, 333 S Green St, McHenry, IL 60050 1.Call to Order. 2.Roll Call. 3.Pledge of Allegiance. 4.Proclamation honoring Mr. Ed Buss 5.Proclamation for Arbor Day 2023 6.Meyer/LaFarge Mining Update (Randy Wille) 7.Public Comments. 8.Consent Agenda. Motion to Approve the following Consent Agenda Items as presented: A.Adopt Resolution (BLR 09110) authorizing the use of $400,000 in Motor Fuel Tax funds for local match funding for the Green Street Surface Transportation Program. (Public Works Director Strange) B.Award of bid to Peter Baker and Son Company of Lake Bluff, Illinois for the 2023 Hot Mix Asphalt (FOB) Materials Contract in the amount of $58.00/ton for HMA Surface Mixture and $53.00/ton for HMA Binder Mixture. (Public Works Director Strange) C.Approve an Ordinance prohibiting the use of groundwater as a potable water supply by the installation or use of potable water supply wells or by any other method on or around the property at 4713 W. Elm Street in the City of McHenry. (Community Development Director Polerecky) D.Parks & Recreation Facilities & Special Use Permit Requests; E.March 6, 2023 City Council Meeting Minutes; F.Issuance of Checks in the amount of $455,850.52; G.As Needed Checks in the amount of $125,130.30. 9.Individual Action Item Agenda. 1 A. Façade Program Request for Whiskey Diablo, 1325 N. Riverside Drive Motion to approve a Façade Grant Program Request in the amount of $30,000 for Whiskey Diablo, located at 1325 N. Riverside Drive. (Economic Development Director Martin) B. Class A Liquor License to Shelly’s Cafe, 4300 W. Elm Street Motion to approve a Class A Liquor License to Shelly’s Cafe, located at 4300 W. Elm Street and, if approved, approve an Ordinance amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses, with a license being issued after the successful background check of a qualified agent/manager. (Deputy City Clerk Johnson) C. Video Gaming License to Shelly’s Café, 4300 W. Elm Street Subject to the approval of Agenda Item 9B, a motion to approve a Video Gaming License to Shelly’s Café, located at 4300 W. Elm Street. (Deputy City Clerk Johnson) 10. Discussion Item Agenda. A. Presentation and Discussion of the Proposed 2023/2024 Fiscal Year Budget for the following funds – General Fund, General Operating Departments, Recreation Center Fund, Water Fund, Sewer Fund, and Utility Fund. (City Administrator Morefield) 11. Staff Reports. Staff reports are provided the first meeting of each month. 12. Mayor’s Report. 13. City Council Comments. 14. Executive Session as needed. 15. 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/86532734547 2 Proclamation WHEREAS, life for Ed Buss began in McHenry where he resided his entire life; and WHEREAS, Ed Buss took over Buss Ford at age 18; and WHEREAS, Ed Buss served on the McHenry County Board for 25 years; and WHEREAS, Ed Buss was instrumental in the building of the Charles Mil ler Road and bridge; and WHEREAS, Ed Buss was honored by the McHenry Little League Association by being inducted into their Hall of Fame after serving 12 years on the board and being a lifetime supporter; and WHEREAS, Ed Buss was a strong supporter of the McHenry Country Club, winning 13 club championships, 13 senior championships, and serving on the Country Club Board of Directors for 12 years. NOW THEREFORE, I, Wayne Jett, Mayor of McHenry, do hereby recognize Ed Buss and the Buss Family for his hard work and dedication to serving the community of the City of McHenry. Passed and approved this 20th day of March, 2023. Signed: _________________________________ Mayor 3 PROCLAMATION WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; WHEREAS, Arbor Day is now observed throughout the nation and the world ; WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, pr oduce oxygen and provide habitat for wildlife; WHEREAS, trees are a renewable resource , enhance property values and the economic vitality of business areas, beautify our community, and are a source of joy and spiritual renewal; WHEREAS, the City of McHenry has been recognized as a Tree City USA for 28 consecutive years by the Arbor Day Foundation and desires to continue its tree-planting ways. NOW, THEREFORE, BE IT RESOLVED , I Wayne Jett Mayor of the City of McHenry and the McHenry City Council do hereby proclaim April 28, 2023, as Arbor Day in the City of McHenry and urge all citizens to celebrate Arbor Day and support the protection of our trees and woodlands. FURTHER , we urge all citizens to plant and care for trees to gladden the heart and promote the well-being of future generations. ___________________________________ Mayor Jett 4 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Ross Polerecky, Community Development Director FOR: March 20th 2023 Regular City Council Meeting RE: Lafarge, Annual Mine Presentation and Update ATT: Presentation Agenda Item Summary: Lafarge is required to give an annual update on the status of their mining. Randi Willie from Lafarge is here to present the previous years progress as well as the next years plans for progression. 5 McHenry Sand & Gravel South Mine Plan Review, March 2022 6 © LafargeHolcim 2016 McHenry Sand & Gravel •South Mine operates in City of McHenry under a 1988 annexation with conditional land use terms •South Mine mineral extraction and processing use was extended through 2026 in the 2018 permit amendments •South Mine processing center was recently extended until 2032 in order to complete North Mine activities 2McHenry S&G South Mine Plan Review South Mine Permitting 7 © LafargeHolcim 2016 Mine Plan –South Operations 2019 Proposed Cell Sequence For Earth Extraction McHenry S&G –South Mine Plan Review 38 © LafargeHolcim 2016 2021 Fall Aerial -South Operations •Extraction phase occurring along SE portion of mine boundary near Glacier Ridge & Woodcreek •Operate in accordance with 2019 plan; crusher > 500’ from PL’s •Amended City Ordinance •Field Crushing Hours: 7:00a-7:00p, M-F & 7:00a-3:00p, Sat •Process, Loading & Maintenance Hours: 5:00a-8:00p •Washing Hours: 24 hours/day •Setback Zones along residential areas 4McHenry S&G South Mine Plan Review Current South Mine Extraction Operations 9 © LafargeHolcim 2016 2022 Fall Aerial –South Operations Mining & Reclamation Background McHenry S&G –South Mine Plan Review 510 © LafargeHolcim 2016 2022 Mine Activity 6McHenry S&G –South Mine Plan Review Mineral Extraction •No stripping was needed in 2022 as balance of cropland was affected in 2021; we have the balance of the mine opened up •Stripping material is staged along perimeter slopes and setback areas but heavy equipment work is needed before final grading and vegetation. •Dry mining took place in portions of Cells D and E; as close as we can extract material along the east property boundary •Mining distance from the Glacier Ridge neighbors will increase over the course of 2023 as the last portion of dry bank is exhausted 11 © LafargeHolcim 2016 2023 Extraction Plan 7McHenry S&G –South Mine Plan Review Slope Restoration •Crusher and conveyor placement continues to maintain the required distance from the east property boundary as we exhaust the dry bank in 2023 •Working along the bottom of the highwall face to attenuate noise from the extraction process; noise should be limited by acoustic shadow from high wall and berm •Additional slope material is needed to complete southern wooded area and eastern slopes in the future; may need to import clean fill if necessary •Below water extraction (wet mining) will pick up pace as dry bank material is depleted; backhoe is used to remove the material for dewatering 12 © LafargeHolcim 2016 2023 Restoration Plan 8McHenry S&G –South Mine Plan Review Perimeter Transformation Phasing •Restoration work along the south and east perimeters of the property will ramp up in 2023 and then into 2024 once the dry bank is exhausted •Much of the preliminary work can be done from the mine floor with bulldozers so slopes along the Burning Tree and Woodcreek subdivisions can be final graded •Fill will be needed along Glacier Ridge high wall areas; we have internal and external options to consider •Water bodies will grow in size as minerals are retrieved from the aquifer; the depth varies but is restricted to the reach of the backhoe 13 © LafargeHolcim 2016 South Mine Summary •Dry Bank processing near Glacier Ridge Subdivision will end during 2023 •Meets deadline for completion per 2018 Amended Annexation Agreement and CUP requirements •Restoration of east highwall will begin in 2023. Final grading and vegetation set for completion in 2024-25 9McHenry S&G South Mine Plan Review South Mine Operations 14 © LafargeHolcim 2016 Thank You & Questions Randi Wille Regional Manager, Environmental & Land Services Lafarge Aggregates/Meyer Material Company 10McHenry S&G –South Mine Plan Review 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: March 20, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Green Street Surface Transportation Program Motor Fuel Tax Resolution BLR 09110 ATT: Resolution authorizing the use of MFT funds for a portion of local match funding of improvements (BLR 09110) ______________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider the adoption of a Resolution (BLR 09110) authorizing the use of $400,000 in MFT funds for local match funding for the Green Street Surface Transportation Program. BACKGROUND: In March of 2020, City staff applied for funding to the McHenry County Council of Mayors Surface Transportation Program for the resurfacing of Green Street. In summer of that year, the McHenry County Council of Mayors selected the project and awarded $919,187 in Surface Transportation Program (STP) funds for the Green Street Improvements. This funding amount accounted for an 80% Federal share for both construction costs and Phase III Construction Engineering. The remaining 20% local match is the responsibility of the local agency and such local matches are an approved use of MFT funds. Preliminary engineering design was funded 100% locally with MFT Funds. In August of 2022, the City Council approved all draft Federal Participation Agreements and Phase III Engineering Agreements for submittal to IDOT and passed a resolution committing the City to the funding of all necessary local matches. Engineering design was finalized in August of 2022 and final plans were submitted to Illinois Department of Transportation (IDOT) for the November 18, 2022, State Letting. Due to higher material prices, inflation, and increasing construction costs between the time of the application and the bid opening, the bid results were approximately $200,000 higher than 16 originally anticipated. Therefore, staff requested and was granted an increase in Federal Funding in the amount of $91,919, which was approved by the Council of Mayors in January of 2023. Now that bids have been accepted and Phase III Engineering contracts have been finalized, City staff is recommending the approval of a Resolution for Improvement (IDOT BLR 09110) in the amount of $400,000. This amount includes all local matching amounts beyond the awarded Federal Aid amounts plus an approximate 10% construction contingency. ANALYSIS: The total of awarded construction contracts and Phase III Engineering agreements is $1,289,321, and the total of awarded Federal Aid for the project is $1,011,106, which leaves minimum a local share requirement of $278,215. Additionally, a 10% construction contingency on the awarded construction contract amounts to $116,334. The combined total for the local share and 10% construction contingency is $394,549 and therefore, a resolution authorizing the use of MFT funds in the amount of $400,000 is being recommended for adoption. RECOMMENDATION: Therefore, if Council concurs, it is recommended to adopt a Resolution (BLR 09110) authorizing the use of $400,000 in MFT funds for local match funding for the Green Street Surface Transportation Program. 17 BLR 09110 (Rev. 01/18/23) Resolution for Improvement Under the Illinois Highway Code Page 1 of 1Printed 02/27/23 Resolution Type Original Resolution Number Section Number 20-00087-00-RS BE IT RESOLVED, by the Governing Body Type Council of the Local Public Agency Type City of Name of Local Public Agency McHenry Illinois that the following described street(s)/road(s)/structure be improved under the Illinois Highway Code. Work shall be done by Contract or Day Labor Contract . NoYes Is this project a bondable capital improvement? For Roadway/Street Improvements: Name of Street(s)/Road(s)Length (miles)Route From To Green Street 1.58 90087 Municipal Drive Elm Street (IL 120) For Structures: Name of Street(s)/Road(s)Existing Structure No.Route Location Feature Crossed BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Hot-mix asphalt resurfacing, sidewalk and ADA ramp improvements, shared bike lane pavement marking, and landscaping along Green Street in the City of McHenry. 2. That there is hereby appropriated the sum of Four-Hundred Thousand and 00/100------------------------- $400,000.00 Dollars () for the improvement of said section from the Local Public Agency's allotment of Motor Fuel Tax funds. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) certified originals of this resolution to the district office of the Department of Transportation. I, Name of Clerk Trisha Ramel Local Public Agency Type City Clerk in and for said Local Public Agency Type City of Name of Local Public Agency McHenry in the State aforesaid, and keeper of the records and files thereof, as provided by statute, do hereby certify the foregoing to be a true, perfect and complete original of a resolution adopted by Governing Body Type Council of Name of Local Public Agency McHenry at a meeting held on Date March 20, 2023 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this Day day of Month, Year . . (SEAL, if required by the LPA)Clerk Signature & Date Approved Regional Engineer Signature & Date Department of Transportation 18 BLR 09110 (Rev. 01/18/23)Printed 02/27/23 Instructions for BLR 09110 - Page 1 of 2 NOTE: Form instructions should not be included when the form is submitted. This form shall be used when a Local Public Agency (LPA) wants to construct an improvement using Motor Fuel Tax(MFT) funds. Refer to Chapter 9 of the Bureau of Local Roads and Streets Manual (BLRS Manual) for more detailed information. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS Manual. When filling out this form electronically, once a field is initially completed, fields requiring the same information will be auto-populated. Is this project a bondable capital improvement? Check Yes if the project was a bondable capital improvement, check no if it is not. An example of a bondable capital project may include, but is not limited to: project development, design, land acquisition, demolition when done in preparation for additional bondable construction, construction engineering, reconstruction of a roadway, designed overlay extension or new construction of roads, bridges, ramps, overpasses and underpasses, bridge replacement and/or major bridge rehabilitation. Permanent ADA sidewalk/ramp improvements and seeding/sodding are eligible expenditures if part of a larger capital bondable project. A bondable capital improvement project does not mean the LPA was required to sell bonds to fund the project, however the project did meet the criteria to be bondable. Resolution Number Enter the resolution number as assigned by the LPA, if applicable. Resolution Type From the drop down box choose the type of resolution: - Original would be used when passing a resolution for the first time for this project. - Supplemental would be used when passing a resolution increasing appropriation above previously passed resolutions. - Amended would be used when a previously passed resolution is being amended. Section Number Insert the section number of the improvement the resolution covers. Governing Body Type From the drop down box choose the type of administrative body. Choose Board for County; Council for a City or Town; President and Board of Trustees for a Village or Town. LPA Type From the drop down box choose the LPA body type. Types to choose from are: County, City, Town or Village. Name of LPA Insert the name of the LPA. Contract or Day Labor From the drop down choose either Contract or Day Labor. Roadway/Street Improvements: Name Street/Road Insert the name of the Street/Road to be improved. For additional locations use the Add button. Length Insert the length of this segment of roadway being improved in miles. Route Insert the Route Number of the road/street to be improved if applicable. From Insert the beginning point of the improvement as it relates to the Street/Road listed to the left. To Insert the ending point of the improvement as it relates to the Street/Road listed to the left. Structures: Name Street/Road Insert the name of the Street/Road on which the structure is located. For additional locations use the Add button. Existing Structure No. Insert the existing structure number this resolution covers, if no current structure insert n/a. Route Insert the Route number on which the structure is located. Location Insert the location of the structure. Feature Crossed Insert the feature the structure crosses. 1 Insert a description of the major items of work of the proposed improvement. 2 Insert the dollar value of the resolution for the proposed improvement to be paid for with MFT funds in words followed by in the same amount in numerical format in the (). 19 BLR 09110 (Rev. 01/18/23)Printed 02/27/23 Instructions for BLR 09110 - Page 2 of 2 Name of Clerk Insert the name of the LPA clerk. LPA Type Insert the type of clerk based on the LPA type. Types to choose from are: County, City, Town or Village. Name of LPA Insert the name of the LPA. Governing Body Type Insert the type of administrative body. choose Board for County; Council for a City or Town; President and Board of Trustees for a Village or Town Name of LPA Insert the name of the LPA. Date Insert the date of the meeting. Day Insert the day Clerk is signing the document. Month, Year Insert the month and year of the Clerk's signature. Seal The Clerk shall seal the document here, if required. If a seal is required, electronic signatures should not be used. Clerk Signature Clerk shall sign here. Approved The Department of Transportation shall sign and date here once approved. A minimum of three (3) certified signed originals must be submitted to the Regional Engineer's District office OR email PDF completed form with electronic signatures to your local District LRS office. Following IDOT's approval, distribution will be as follows: Local Public Agency Clerk Engineer (Municipal, Consultant or County) District 20 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: March 20, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: 2023 Hot Mix Asphalt (FOB) Materials Contract Award ATT: Bid Tabulation ______________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding the bid to Peter Baker and Son Company of Lake Bluff, Illinois for the 2023 Hot Mix Asphalt FOB Materials Contract. BACKGROUND: On an annual basis, the Public Works Street Division Materials and Supplies budget includes project materials such as hot mix asphalt, portland cement concrete, and aggregates necessary for street repair projects. These materials are procured through local material suppliers and are hauled by Public Works staff to individual jobsites where they are utilized to complete repair projects such as patching. On an annual basis, Street Division crews utilize hot mix asphalt in quantities which warrant competitive bidding for material supply. On February 16, 2023 two (2) bids were received for the 2023 Hot Mix Asphalt (FOB) Materials Contract. The bids ranged from $58.00/ton to $61.00/ton for HMA Surface Mixture and from $53.00/ton to $59.00/ton for HMA Binder Mixture, a haul differential factor of $0.50/ton/mile was added to each per ton unit price to account for fuel and trucking costs for hauling materials from each plant location. ANALYSIS: Staff has analyzed and checked the bids for accuracy and recommends awarding the contract to Peter Baker and Son Company of Lake Bluff, Illinois. This is a unit price contract, and the final contract cost will be based on actual final quantities. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award the bid to Peter Baker and Son Company of Lake Bluff, Illinois for the 2023 Hot Mix Asphalt (FOB) Materials Contract in the amount of $58.00/ton for HMA Surface Mixture and $53.00/ton for HMA Binder Mixture. 21 Tabulation of Bids55,500.00 55,500.00 LOW BIDDER53.0000 26,500.00Peter Baker & Son Co. 1349 Rockland RoadLake Bluff, IL 60044Cashier's CheckUnit Price Total58.0000 29,000.00Terms:Estimate:Local Public Agency: City of McHenryTime: 10:00 AM Address of Bidder:County: McHenryDate: 2/16/2023 Name of Bidder:0.00Section: 2023 HMA Materials Appropriation:-$ 61.0000 30,500.00Attended By:FOB TON500TotalApproved Engineer's EstimateItem No. Item Delivery Unit Quantity Unit Price Total1Proposal Guarantee:See Attached Attendance SheetHMA SC, IL 9.5, N50FOB TON5002HMA BC, IL 19.0, N50Total Bid:59.0000 29,500.00As Read:As Calculated:-$ 60,000.00 Curran Contracting Co.286 Memorial CourtCrystal Lake, IL 60014Cashier's CheckUnit Price60,000.00 Printed 2/16/2023BLR 12315 (Rev. 07/16/13)22 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 CONSENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Ross Polerecky, Community Development Director FOR: March 20, 2023 Regular City Council Meeting RE: Prohibiting the use of groundwater as a potable water supply by the installation or use of potable water supply wells or by any method in the are of 4713 W Elm Street. ATT: Ordinance Agenda Item Summary: The City of McHenry has been made aware of contamination to both ground water and soils in and around the property located at 4713 W Elm Street. For the property owner to receive a no further remediation letter from the EPA the city must pass an ordinance forbidding the use of potable water wells around the contamination site. Analysis: Concentrations of certain chemicals constituents in the groundwater beneath 4713 W Elm and adjoining properties may exceed class 1 groundwater quality standards for potable resource groundwater set forth in 35 Illinois Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Admirative Code 742. In addition, the city desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties affected by said chemical constituents. RECOMMENDATION: If the City Council concurs it is recommended that a motion be made to approve an ordinance prohibiting the use of groundwater as a potable water supply by the installation or use of potable water supply wells or by any other method on or around the property at 4713 W Elm in the City of McHenry. 23 ORDINANCE NO. 23- An Ordinance Prohibiting the use of Groundwater as Potable Water Supply by the Installation or Use of Potable Water Supply Wells or by any Method Within a Certain Area in the City of McHenry WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, certain properties in the City of McHenry, Illinois (the “city”) along Route 120 and Meadow Lane have been used as a fueling station. WHEREAS, because of said use, concentrations of certain chemicals constituents in the groundwater beneath 4713 W Elm and adjoining properties may exceed class 1 groundwater quality standards for potable resource groundwater set forth in 35 Illinois Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Admirative Code 742; and WHEREAS, the city desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties affected by the said chemical constituents; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Use of groundwater as a potable water supply prohibited in specific area. The use or attempt to use groundwater as a potable water supply from within the area shown as Exhibit “A” and Exhibit “B”, attached to, and made part of this ordinance, by the installation or drilling or use of wells or by any other method is hereby prohibited, including at points of withdrawal by the city. SECTION 2: The prohibition on the use of groundwater applicable to the city The prohibition contained in section 1 shall also apply to the city. SECTION 3: Penalties Any person violating the provisions of this ordinance shall be subject to a fine up to $750.00 for each violation. 24 SECTION 4: Definitions “Person” is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents, or assigns. Section 5: Memorandum of Understanding. The Mayor of the City of McHenry shall have the power and duty to enter a Memorandum of Understanding with the Illinois Environmental Protection Agency (“Illinois EPA”) and other agreements or contracts with other governmental entities, as may be or as become necessary to implement the spirit and intent of this ordinance. Section 6: Supersedes. If any provision of this ordinance or its application to any person or under any circumstance is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or any portion not adjudged invalid. Section 7: Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or any portion not adjudged invalid. Section 8: Effective Date This ordinance shall be in full force and effect from and after its passage, approval of this publication as required by law. Passed this 20th day of March, 2023. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 25 EXHIBIT "A"26 EXHIBIT "B"27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City of McHenry Council Meeting Minutes 3.7.23 1 AGENDA REGULAR CITY COUNCIL MEETING Monday, March 6, 2023, 7:00 p.m. City Council Chamber, 333 S Green St, McHenry, IL 60050 Call to Order: The attorney for the City of McHenry called to motion for Alderman Glab, Mayor Pro Tim. A motion was made by Alderwoman Miller and seconded by Alderman Santi to allow Alderman Glab as Mayor Pro Tim. Roll Call: Vote: 6-ayes: Alderman Santi, Alde, Alderman McClatchey, Alderman Harding-absent, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays, 1-abstained, Alderman Glab. Motion carried. Roll Call: Alderman Glab called the roll call. Members present Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller, and Mayor Jett -absent. Others present: Attorney McArdle-absent (Denise), Administrator Morefield, Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson-absent, Director of Economic Development Martin, Chief of Police Birk, City Planner Sheriff-absent, Deputy Clerk Johnson, and City Clerk Ramel. Pledge of Allegiance: Alderman Glab led the pledge. Proclamation: recognizing Chris Moore’s Class 3A Individual Wrestli ng State Championship and proclaiming the week of March 6, 2023 as Chris Moore State Champion Week. *Clerks Note: Administrator Morefield read the proclamation for Chris Moore, in absence of Mayor Jett. Public Comments: Carl Kamanski county board newly elected, likes to attend the city council meetings in the area. Gave an overview of what he does and would like to o ffer his assistance if needed. Consent Agenda: Motion to Approve the following Consent Agenda Items as presented: A.Ratify the Statement of Intent for participating in the multi -jurisdictional McHenry County Natural Hazard Mitigation Plan. (Deputy City Clerk Johnson) B.Resolution of commitment for funding and authorization for the Mayor to execute a grant agreement with the Illinois Department of Natural Resources for the purpose of installing asphalt pavement in the Miller Riverfront Park, Public Works Director Strange) 48 City of McHenry Council Meeting Minutes 3.7.23 C. Resolution authorizing the Deputy City Clerk to Update the Official Zoning Map and to Publish a Notice of the Zoning Map Update. (Deputy City Clerk Johnson) D. Authorize the execution of the following Farm Lease Agreements: a. Lease Agreement w/David Laufer (former Levy Property) b. Lease Agreement w/ Bauer Family (Petersen Farm) c. Lease Agreement w Charles Schaefer (Riverside Hollow Property) d. Lease Agreement w Charles Schaefer (Petersen Ballfield Annex Property) e. Lease Agreement w Charles Schaefer (Curran Road Property) E. February 21, 2023, City Council Meeting Minutes; F. Issuance of Checks in the amount of $96,289.51. A motion was made by Alderman McClatchey and seconded by Alder woman Santi to approve Consent Agenda Items as presented: Roll Call: Vote 7:-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0 -nays-, 0-abstained. Motion carried. No public comment. Individual Action Item Agenda: A. Revocable License Agreement with 1252 Green LLC Motion to approve an Ordinance authorizing the execution of a Revocable License Agreement between the City of McHenry and 1252 Green LLC for improvements to and the use of a portion of Neumann Park. (Community Development Dire ctor Polerecky) Alderman Santi asked if we knew the size of the banquet hall, as of now no, building plans have not been received yet. Alderman Glab wanted to know who takes down the patio in front if not approved, per Director Polerecky that would be the old owner per the last agreement. Usually, it is outlined in the building agreement. A motion was made by Alderman Santi and seconded by Alderman Harding to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. B. Revocable Right-of-Way Encroachment Agreement with Riverside I LLC Motion to approve an Ordinance authorizing the execution of a Revocable Right-of-Way Agreement between the City of McHenry and Riverside I LLC for use of the public right- of-way (sidewalk) at 1401 Riverside Drive. (Community Development Director Polerecky) Alderwoman Miller loves the porch and its history of it. Alderman Glab kudos to the developers 49 City of McHenry Council Meeting Minutes 3.7.23 to make this project work. A motion was made by Alderman McClatchey and seconded by Alderwoman Miller to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. C. Residences at Fox Meadows Approvals Motion to approve an Ordinance Granting Final Plan and Plat of Subdivision Approval, and Vacating Public Right-Of-Way For The Residences At Fox Meadows Planned Unit Development Located on the Northeast Corner Of Il-31 And Veterans Parkway; and an Ordinance Authorizing the Mayor’s Execution of a Development Agreement with Cunat Inc. for the Residences at Fox Meadows Multifamily Development. (Community Development Director Polerecky) A motion was made by Alderwoman Miller and seconded by Alderwoman McClatchey to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Discussion Item Agenda: None Staff Reports: Budget packets were handed out. Staff reports are provided at the first meeting of each month. Mayor’s Report: Absent City Council Comments: Alderman Santi, spoke regarding Edward Buss when he passed away last week. He was a devoted husband, and country club member as well. He also coached youth basketball and said he will be missed. Alderman Glab stated that over the years they were very involved in the community, and maybe could have a proclamation for them at the next meeting. Alderwoman Miller, Shamrock on the Fox will be occurring hoping to see all of us out there. Director Hobson 4-11 Friday festivities, Saturday and Sunday will be activities. Bounce houses, food trucks, and line up are on the website and there will be fireworks. Alderwoman Miller thanked the team for the new newsletter, it is also on the website. *Clerks note Executive Session did not occur. Executive Session to discuss the purchase or lease of real property for the use of the public body (5 ILCS 120/2(c)(5).); and for the setting of a price for sale or lease of property owned by the public (5 ILCS 120/2(c)(6).). 50 City of McHenry Council Meeting Minutes 3.7.23 *Clerks note Action Item below was removed from the meeting. Motion to approve and authorize the Mayor to execute a Standstill Agreement between the City of McHenry and Shodeen Group LLC and direct City Staff to negotiate a redevelopment agreement with Shodeen Group LLC for certain properties within McHenry . (Staff) Adjourn: A motion was made by Alderman Strach and seconded by Alderman Santi to adjourn the meeting at 7:35. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding-absent, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel 51 Expense Approval Register McHenry, IL LIST OF BILLS COUNCIL MEETING ‐ 3‐20‐23 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ADVANCED AUTOMATION AND CONTROLS INC ADVANCED AUTOMATION AND 22‐3989 03/20/2023 REPL & UPGRADE OF WATER 510‐31‐8500 42,975.00 Vendor ADVANCED AUTOMATION AND CONTROLS INC Total: 42,975.00 Vendor: AEP ENERGY AEP ENERGY INV0014321 03/20/2023 UTIL 100‐33‐5520 2,211.30 AEP ENERGY INV0014321 03/20/2023 UTIL 100‐42‐5510 198.11 AEP ENERGY INV0014321 03/20/2023 UTIL 100‐45‐5510 521.92 AEP ENERGY INV0014321 03/20/2023 UTIL 400‐00‐5510 1,142.31 AEP ENERGY INV0014322 03/20/2023 UTIL 510‐31‐5510 7,972.26 AEP ENERGY INV0014322 03/20/2023 UTIL 510‐32‐5510 11,727.37 Vendor AEP ENERGY Total: 23,773.27 Vendor: BANK OF NEW YORK MELLON, THE BANK OF NEW YORK MELLON, MCHENRY13 3‐3‐23 03/20/2023 MCHENRY GO REF 13 300‐00‐7200 30,000.00 BANK OF NEW YORK MELLON, MCHENRY13 3‐3‐23 03/20/2023 MCHENRY GO REF 13 300‐00‐7200 2,240.00 Vendor BANK OF NEW YORK MELLON, THE Total: 32,240.00 Vendor: CHRISTOPHER B BURKE ENGINEERING, LTD CHRISTOPHER B BURKE 181432 03/20/2023 ELM & RICHMOND 100‐01‐8900 5,424.60 Vendor CHRISTOPHER B BURKE ENGINEERING, LTD Total: 5,424.60 Vendor: DAHLIN, M, PC DAHLIN, M, PC 3‐7‐23 03/20/2023 ADMIN ADJ COURT 100‐03‐5110 88.50 DAHLIN, M, PC 3‐7‐23 03/20/2023 ADMIN ADJ COURT 100‐22‐5110 796.50 Vendor DAHLIN, M, PC Total: 885.00 Vendor: DYN MCHENRY COMMONS LLC DYN MCHENRY COMMONS LLC INV0014323 03/20/2023 2022 SALES TAX INCENTIVE 100‐04‐6945 40,968.37 Vendor DYN MCHENRY COMMONS LLC Total: 40,968.37 Vendor: FINE LINE PRODUCTIONS, INC FINE LINE PRODUCTIONS, INC 2301 03/20/2023 LANDMARK COMM 2023 100‐01‐4220 3,000.00 Vendor FINE LINE PRODUCTIONS, INC Total: 3,000.00 Vendor: FLOOD BROTHERS DISPOSAL FLOOD BROTHERS DISPOSAL 6662404 03/20/2023 GARBAGE STICKERS 100‐01‐6110 6,200.00 Vendor FLOOD BROTHERS DISPOSAL Total: 6,200.00 Vendor: GRAHAM ENTERPRISE INC GRAHAM ENTERPRISE INC INV0014324 03/20/2023 SEPT 22‐DEC 22 SALES TAX 100‐04‐6945 38,009.43 Vendor GRAHAM ENTERPRISE INC Total: 38,009.43 Vendor: HLR HLR 20230448 03/20/2023 DARTMOOR DR RESURFACING 270‐00‐8600 685.00 Vendor HLR Total: 685.00 Vendor: INFOSEND, INC INFOSEND, INC 231294 03/20/2023 WS BILLING 100‐04‐5310 2,581.03 INFOSEND, INC 231294 03/20/2023 WS BILLING 100‐04‐5330 858.11 Vendor INFOSEND, INC Total: 3,439.14 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW INV0014325 03/20/2023 MTHLY 100‐01‐5230 4,000.00 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: 4,000.00 Vendor: MCHENRY COUNTY CHIEFS OF POLICE MCHENRY COUNTY CHIEFS OF INV0014331 03/20/2023 MARCH MEETING 100‐22‐5430 60.00 Vendor MCHENRY COUNTY CHIEFS OF POLICE Total: 60.00 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER FEB2023 03/20/2023 RECORDING FEES 100‐01‐6940 41.00 MCHENRY COUNTY RECORDER INV0014327 03/20/2023 REC FEES 510‐31‐6940 64.50 3/15/2023 12:32:50 PM 52 Expense Approval Register Packet: APPKT02637 ‐ 3‐20‐23 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount MCHENRY COUNTY RECORDER INV0014327 03/20/2023 REC FEES 510‐32‐6940 64.50 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: 170.00 Vendor: MCHENRY DONUTS, INC MCHENRY DONUTS, INC INV0014326 03/20/2023 2022 SALES TAX INCENTIVE 100‐04‐6945 13,708.71 Vendor MCHENRY DONUTS, INC Total: 13,708.71 Vendor: PRIORITY DISPATCH PRIORITY DISPATCH 723‐581 03/20/2023 EMD FOR SCICHOWSKI CLASS # 100‐23‐5430 365.00 Vendor PRIORITY DISPATCH Total: 365.00 Vendor: ROBINSON ENGINEERING LTD ROBINSON ENGINEERING LTD 23030026 03/20/2023 N RIVERSIDE PARKING LOT 100‐01‐8900 6,161.50 Vendor ROBINSON ENGINEERING LTD Total: 6,161.50 Vendor: SCHWARTZ, WOLF & BERNSTEIN, LLP SCHWARTZ, WOLF & 32‐127 03/20/2023 WITNESS SUBPOENA REFUND 100‐22‐5110 75.00 Vendor SCHWARTZ, WOLF & BERNSTEIN, LLP Total: 75.00 Vendor: SHAW MEDIA SHAW MEDIA 10105871 2‐28‐23 03/20/2023 MTHLY PW 100‐33‐5110 781.00 SHAW MEDIA 10474 2/23 03/20/2023 MTHLY 100‐03‐5330 229.32 Vendor SHAW MEDIA Total: 1,010.32 Vendor: SUNNYSIDE COMPANY SUNNYSIDE COMPANY INV0014328 03/20/2023 2022 SALES TAX INCENTIVE 100‐04‐6945 5,386.69 Vendor SUNNYSIDE COMPANY Total: 5,386.69 Vendor: THORNTONS, LLC THORNTONS, LLC INV0014329 03/20/2023 2022 SALES TAX INCENTIVE 100‐04‐6945 83,098.44 Vendor THORNTONS, LLC Total: 83,098.44 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 082842 03/20/2023 2023 TRAVERSE BLUE 100‐01‐8300 2,028.25 ULTRA STROBE 082843 03/20/2023 2023 TRAVERSE SILVER 100‐01‐8300 2,028.25 ULTRA STROBE 082844 03/20/2023 2023 WHITE SILVERADO 100‐01‐8300 3,400.75 ULTRA STROBE 0828445 03/20/2023 2023 SILVERADO BLACK 100‐01‐8300 3,015.75 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 10,473.00 Vendor: UPS UPS 60X485083 03/20/2023 SHIPPING 100‐41‐5310 22.51 Vendor UPS Total: 22.51 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 496427519 03/20/2023 C H COPIERS 620‐00‐5110 598.56 Vendor US BANK EQUIPMENT FINANCE Total: 598.56 Vendor: VARDA, JEFF VARDA, JEFF INV0014330 03/20/2023 LDMKCOM REIMB CRATE A 100‐01‐4220 60.00 Vendor VARDA, JEFF Total: 60.00 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 160754 03/20/2023 CORPORATE 100‐01‐5230 4,815.25 ZUKOWSKI ROGERS FLOOD & 160755 03/20/2023 TRAFFIC 100‐01‐5230 4,845.60 ZUKOWSKI ROGERS FLOOD & 160756 03/20/2023 CUNAT ‐ FOX MEADOWS 100‐01‐5230 2,102.50 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 11,763.35 Grand Total: 334,552.89 3/15/2023 12:32:50 PM 53 Expense Approval Register Packet: APPKT02637 ‐ 3‐20‐23 AP CKS Fund Summary Fund Expense Amount 100 ‐ GENERAL FUND 237,083.39 270 ‐ MOTOR FUEL TAX FUND 685.00 300 ‐ DEBT SERVICE‐1997A FUND 32,240.00 400 ‐ RECREATION CENTER FUND 1,142.31 510 ‐ WATER/SEWER FUND 62,803.63 620 ‐ INFORMATION TECHNOLOGY FUND 598.56 Grand Total: 334,552.89 54 ExpenseApprovalRegister McHenry, IL LISTOFBILLSCOUNCILMEETINGͲ3Ͳ20Ͳ23 VendorName PayableNumber PostDate Description(Item) AccountNumber Amount Vendor:ADVANCEDAUTOMATIONANDCONTROLSINC ADVANCEDAUTOMATIONAND22Ͳ398903/20/2023REPL&UPGRADEOFWATER510Ͳ31Ͳ850042,975.00 VendorADVANCEDAUTOMATIONANDCONTROLSINCTotal:42,975.00 Vendor:AEPENERGY AEPENERGYINV001432103/20/2023UTIL100Ͳ33Ͳ55202,211.30 AEPENERGYINV001432103/20/2023UTIL100Ͳ42Ͳ5510198.11 AEPENERGY INV0014321 03/20/2023 UTIL 100Ͳ45Ͳ5510 521.92 AEPENERGY INV0014321 03/20/2023 UTIL 400Ͳ00Ͳ5510 1,142.31 AEPENERGY INV0014322 03/20/2023 UTIL 510Ͳ31Ͳ5510 7,972.26 AEPENERGYINV001432203/20/2023UTIL510Ͳ32Ͳ551011,727.37 VendorAEPENERGYTotal: 23,773.27 Vendor:BANKOFNEWYORKMELLON,THE BANKOFNEWYORKMELLON, MCHENRY133Ͳ3Ͳ23 03/20/2023 MCHENRYGOREF13 300Ͳ00Ͳ7200 30,000.00 BANKOFNEWYORKMELLON,MCHENRY133Ͳ3Ͳ2303/20/2023MCHENRYGOREF13300Ͳ00Ͳ72002,240.00 VendorBANKOFNEWYORKMELLON,THETotal: 32,240.00 Vendor:CHRISTOPHERBBURKEENGINEERING,LTD CHRISTOPHERBBURKE 181432 03/20/2023 ELM&RICHMOND 100Ͳ01Ͳ8900 5,424.60 VendorCHRISTOPHERBBURKEENGINEERING,LTDTotal: 5,424.60 Vendor:DAHLIN,M,PC DAHLIN,M,PC 3Ͳ7Ͳ23 03/20/2023 ADMINADJCOURT 100Ͳ03Ͳ5110 88.50 DAHLIN,M,PC 3Ͳ7Ͳ23 03/20/2023 ADMINADJCOURT 100Ͳ22Ͳ5110 796.50 VendorDAHLIN,M,PCTotal: 885.00 Vendor:DYNMCHENRYCOMMONSLLC DYNMCHENRYCOMMONSLLC INV0014323 03/20/2023 2022SALESTAXINCENTIVE 100Ͳ04Ͳ6945 40,968.37 VendorDYNMCHENRYCOMMONSLLCTotal: 40,968.37 Vendor:FINELINEPRODUCTIONS,INC FINELINEPRODUCTIONS,INC 2301 03/20/2023 LANDMARKCOMM2023 100Ͳ01Ͳ4220 3,000.00 VendorFINELINEPRODUCTIONS,INCTotal:3,000.00 Vendor:FLOODBROTHERSDISPOSAL FLOODBROTHERSDISPOSAL666240403/20/2023GARBAGESTICKERS100Ͳ01Ͳ61106,200.00 VendorFLOODBROTHERSDISPOSALTotal: 6,200.00 Vendor:GRAHAMENTERPRISEINC GRAHAMENTERPRISEINC INV0014324 03/20/2023 SEPT22ͲDEC22SALESTAX 100Ͳ04Ͳ6945 38,009.43 VendorGRAHAMENTERPRISEINCTotal: 38,009.43 Vendor:HLR HLR 20230448 03/20/2023 DARTMOORDRRESURFACING 270Ͳ00Ͳ8600 685.00 VendorHLRTotal:685.00 Vendor:INFOSEND,INC INFOSEND,INC 231294 03/20/2023 WSBILLING 100Ͳ04Ͳ5310 2,581.03 INFOSEND,INC 231294 03/20/2023 WSBILLING 100Ͳ04Ͳ5330 858.11 VendorINFOSEND,INCTotal: 3,439.14 Vendor:MCANDREWSPC,THELAWOFFICEOFPATRICK MCANDREWSPC,THELAW INV0014325 03/20/2023 MTHLY 100Ͳ01Ͳ5230 4,000.00 VendorMCANDREWSPC,THELAWOFFICEOFPATRICKTotal:4,000.00 Vendor:MCHENRYCOUNTYCHIEFSOFPOLICE MCHENRYCOUNTYCHIEFSOFINV001433103/20/2023MARCHMEETING100Ͳ22Ͳ543060.00 VendorMCHENRYCOUNTYCHIEFSOFPOLICETotal: 60.00 Vendor:MCHENRYCOUNTYRECORDEROFDEEDS MCHENRYCOUNTYRECORDER FEB2023 03/20/2023 RECORDINGFEES 100Ͳ01Ͳ6940 41.00 MCHENRYCOUNTYRECORDERINV001432703/20/2023RECFEES510Ͳ31Ͳ694064.50 3/15/2023 12:32:50 PM 55 ExpenseApprovalRegisterPacket:APPKT02637Ͳ3Ͳ20Ͳ23APCKS VendorName PayableNumber PostDate Description(Item) AccountNumber Amount MCHENRYCOUNTYRECORDER INV0014327 03/20/2023 RECFEES 510Ͳ32Ͳ6940 64.50 VendorMCHENRYCOUNTYRECORDEROFDEEDSTotal: 170.00 Vendor:MCHENRYDONUTS,INC MCHENRYDONUTS,INC INV0014326 03/20/2023 2022SALESTAXINCENTIVE 100Ͳ04Ͳ6945 13,708.71 VendorMCHENRYDONUTS,INCTotal: 13,708.71 Vendor:PRIORITYDISPATCH PRIORITYDISPATCH723Ͳ58103/20/2023EMDFORSCICHOWSKICLASS#100Ͳ23Ͳ5430365.00 VendorPRIORITYDISPATCHTotal: 365.00 Vendor:ROBINSONENGINEERINGLTD ROBINSONENGINEERINGLTD2303002603/20/2023NRIVERSIDEPARKINGLOT100Ͳ01Ͳ89006,161.50 VendorROBINSONENGINEERINGLTDTotal: 6,161.50 Vendor:SCHWARTZ,WOLF&BERNSTEIN,LLP SCHWARTZ,WOLF& 32Ͳ127 03/20/2023 WITNESSSUBPOENAREFUND 100Ͳ22Ͳ5110 75.00 VendorSCHWARTZ,WOLF&BERNSTEIN,LLPTotal: 75.00 Vendor:SHAWMEDIA SHAWMEDIA 101058712Ͳ28Ͳ23 03/20/2023 MTHLYPW 100Ͳ33Ͳ5110 781.00 SHAWMEDIA 104742/23 03/20/2023 MTHLY 100Ͳ03Ͳ5330 229.32 VendorSHAWMEDIATotal: 1,010.32 Vendor:SUNNYSIDECOMPANY SUNNYSIDECOMPANY INV0014328 03/20/2023 2022SALESTAXINCENTIVE 100Ͳ04Ͳ6945 5,386.69 VendorSUNNYSIDECOMPANYTotal:5,386.69 Vendor:THORNTONS,LLC THORNTONS,LLCINV001432903/20/20232022SALESTAXINCENTIVE100Ͳ04Ͳ694583,098.44 VendorTHORNTONS,LLCTotal: 83,098.44 Vendor:ULTRASTROBECOMMUNICATIONSINC ULTRASTROBE 082842 03/20/2023 2023TRAVERSEBLUE 100Ͳ01Ͳ8300 2,028.25 ULTRASTROBE08284303/20/20232023TRAVERSESILVER100Ͳ01Ͳ83002,028.25 ULTRASTROBE 082844 03/20/2023 2023WHITESILVERADO 100Ͳ01Ͳ8300 3,400.75 ULTRASTROBE 0828445 03/20/2023 2023SILVERADOBLACK 100Ͳ01Ͳ8300 3,015.75 VendorULTRASTROBECOMMUNICATIONSINCTotal: 10,473.00 Vendor:UPS UPS 60X485083 03/20/2023 SHIPPING 100Ͳ41Ͳ5310 22.51 VendorUPSTotal:22.51 Vendor:USBANKEQUIPMENTFINANCE USBANKEQUIPMENTFINANCE49642751903/20/2023CHCOPIERS620Ͳ00Ͳ5110598.56 VendorUSBANKEQUIPMENTFINANCETotal: 598.56 Vendor:VARDA,JEFF VARDA,JEFF INV0014330 03/20/2023 LDMKCOMREIMBCRATEA 100Ͳ01Ͳ4220 60.00 VendorVARDA,JEFFTotal: 60.00 Vendor:ZUKOWSKIROGERSFLOOD&MCARDLE ZUKOWSKIROGERSFLOOD& 160754 03/20/2023 CORPORATE 100Ͳ01Ͳ5230 4,815.25 ZUKOWSKIROGERSFLOOD& 160755 03/20/2023 TRAFFIC 100Ͳ01Ͳ5230 4,845.60 ZUKOWSKIROGERSFLOOD&16075603/20/2023CUNATͲFOXMEADOWS100Ͳ01Ͳ52302,102.50 VendorZUKOWSKIROGERSFLOOD&MCARDLETotal: 11,763.35 GrandTotal:334,552.89 3/15/2023 12:32:50 PM 56 ExpenseApprovalRegisterPacket:APPKT02637Ͳ3Ͳ20Ͳ23APCKS FundSummary Fund ExpenseAmount 100ͲGENERALFUND 237,083.39 270ͲMOTORFUELTAXFUND685.00 300ͲDEBTSERVICEͲ1997AFUND 32,240.00 400ͲRECREATIONCENTERFUND 1,142.31 510ͲWATER/SEWERFUND 62,803.63 620ͲINFORMATIONTECHNOLOGYFUND 598.56 GrandTotal: 334,552.89 57 AS NEEDED CHECKS COUNCIL MEETING 3-20-2023 620 620-00-5110 AT&T 02/03/2023 1,505.78$ 620 620-00-5320 AT&T 02/03/2023 700.24$ 620 620-00-5110 AT&T 02/03/2023 933.90$ 620 620-00-5110 COMCAST CABLE 02/03/2023 178.40$ 230 230-00-5110 EDER CASELLA & CO 02/03/2023 3,500.00$ 100 100-46-6920 GALVICIUS, DEREK 02/03/2023 300.00$ 100 100-03-6110 HOME DEPOT CREDIT SERVICES 02/03/2023 942.53$ 100 100-33-6110 HOME DEPOT CREDIT SERVICES 02/03/2023 34.25$ 100 100-45-6110 HOME DEPOT CREDIT SERVICES 02/03/2023 504.98$ 510 510-32-5380 HOME DEPOT CREDIT SERVICES 02/03/2023 376.00$ 510 510-32-6270 HOME DEPOT CREDIT SERVICES 02/03/2023 46.52$ 200 200-00-5110 INDESTRUCTO RENTAL COMPANY 02/03/2023 5,272.00$ 100 100-47-5110 MAVERICK SWIM CLUB 02/03/2023 272.00$ 510 510-32-4510 RED WING BUSINESS ADVANTAGE 02/03/2023 206.79$ 100 100-45-4510 RED WING BUSINESS ADVANTAGE 02/03/2023 219.99$ 100 100-03-6110 SYNCB/AMAZON 02/03/2023 201.61$ 100 100-06-6210 SYNCB/AMAZON 02/03/2023 46.29$ 100 100-45-5370 SYNCB/AMAZON 02/03/2023 145.02$ 100 100-45-6110 SYNCB/AMAZON 02/03/2023 455.79$ 100 100-47-6110 SYNCB/AMAZON 02/03/2023 51.98$ 620 620-00-5320 SYNCB/AMAZON 02/03/2023 47.97$ 620 620-00-8300 SYNCB/AMAZON 02/03/2023 198.44$ 510 510-31-6210 SYNCB/AMAZON 02/03/2023 25.94$ 100 100-23-6110 FRANK COONEY COMPANY 02/10/2023 45.00$ 100 100-22-4510 GALLS LLC 02/10/2023 151.76$ 620 620-00-4510 GALLS LLC 02/10/2023 197.25$ 620 620-00-5110 GORDON FLESCH COMPANY INC, 02/10/2023 262.60$ 100 100-03-5120 LIT N GLOW ELECTRIC, INC 02/10/2023 1,174.00$ 100 100-01-6940 MCHENRY COUNTY RECORDER OF D02/10/2023 43.00$ 290 290-00-5110 MCHENRY COUNTY RECORDER OF D02/10/2023 123.00$ 100 100-03-6210 STAPLES BUSINESS CREDIT 02/10/2023 99.42$ 100 100-04-6210 STAPLES BUSINESS CREDIT 02/10/2023 111.33$ 100 100-05-6210 STAPLES BUSINESS CREDIT 02/10/2023 71.89$ 100 100-33-6210 STAPLES BUSINESS CREDIT 02/10/2023 383.69$ 100 100-47-5110 STEVENSON HIGH SCHOOL 02/10/2023 45.00$ 100 100-03-5120 THE HOLLAND DESIGN GROUP, INC 02/10/2023 2,794.30$ 100 100-45-5310 UPS 02/10/2023 14.61$ 510 510-32-5580 WINNEBAGO LANDFILL CO 02/10/2023 676.00$ 100 100-03-6110 ACE HARDWARE 02/17/2023 334.62$ 100 100-22-6110 ACE HARDWARE 02/17/2023 37.30$ 100 100-33-5370 ACE HARDWARE 02/17/2023 97.51$ 100 100-33-6110 ACE HARDWARE 02/17/2023 23.01$ 100 100-33-6270 ACE HARDWARE 02/17/2023 260.99$ 100 100-41-6110 ACE HARDWARE 02/17/2023 16.17$ 100 100-45-6110 ACE HARDWARE 02/17/2023 495.25$ 100 100-47-6110 ACE HARDWARE 02/17/2023 115.12$ 400 400-00-6110 ACE HARDWARE 02/17/2023 35.75$ 510 510-31-6110 ACE HARDWARE 02/17/2023 154.04$ 510 510-32-5375 ACE HARDWARE 02/17/2023 49.94$ 510 510-32-6110 ACE HARDWARE 02/17/2023 143.28$ 100 100-01-6940 BANKCARD PROCESSING CENTER 02/17/2023 83.37$ 100 100-03-5430 BANKCARD PROCESSING CENTER 02/17/2023 290.00$ 100 100-06-5410 BANKCARD PROCESSING CENTER 02/17/2023 1,327.00$ 100 100-22-5430 BANKCARD PROCESSING CENTER 02/17/2023 3,537.25$ 100 100-22-6210 BANKCARD PROCESSING CENTER 02/17/2023 262.65$ 100 100-22-6310 BANKCARD PROCESSING CENTER 02/17/2023 91.40$ 58 100 100-23-5430 BANKCARD PROCESSING CENTER 02/17/2023 31.00$ 100 100-03-5120 CINTAS CORPORATION LOC 355 02/17/2023 95.86$ 100 100-33-4510 CINTAS CORPORATION LOC 355 02/17/2023 245.36$ 100 100-33-6110 CINTAS CORPORATION LOC 355 02/17/2023 398.96$ 510 510-32-4510 CINTAS CORPORATION LOC 355 02/17/2023 930.20$ 100 100-03-5370 FIRST BANKCARD 02/17/2023 114.75$ 100 100-22-5370 FIRST BANKCARD 02/17/2023 601.12$ 100 100-22-5420 FIRST BANKCARD 02/17/2023 98.89$ 100 100-22-5430 FIRST BANKCARD 02/17/2023 560.00$ 100 100-23-6110 FIRST BANKCARD 02/17/2023 563.34$ 100 100-33-6950 FIRST BANKCARD 02/17/2023 10.00$ 100 100-41-5330 FIRST BANKCARD 02/17/2023 499.00$ 100 100-41-5410 FIRST BANKCARD 02/17/2023 409.00$ 100 100-41-5420 FIRST BANKCARD 02/17/2023 212.26$ 100 100-41-6110 FIRST BANKCARD 02/17/2023 1,912.76$ 100 100-42-6110 FIRST BANKCARD 02/17/2023 1,118.07$ 100 100-45-5110 FIRST BANKCARD 02/17/2023 132.50$ 100 100-45-6110 FIRST BANKCARD 02/17/2023 1,480.13$ 100 100-46-6110 FIRST BANKCARD 02/17/2023 35.98$ 100 100-46-6920 FIRST BANKCARD 02/17/2023 704.97$ 100 100-47-5410 FIRST BANKCARD 02/17/2023 510.00$ 100 100-47-5430 FIRST BANKCARD 02/17/2023 180.00$ 100 100-47-6110 FIRST BANKCARD 02/17/2023 58.39$ 400 400-00-5321 FIRST BANKCARD 02/17/2023 324.98$ 400 400-00-6110 FIRST BANKCARD 02/17/2023 73.27$ 400 400-40-5110 FIRST BANKCARD 02/17/2023 718.00$ 510 510-31-5430 FIRST BANKCARD 02/17/2023 299.00$ 510 510-32-5430 FIRST BANKCARD 02/17/2023 205.00$ 100 100-45-5110 HALL'S TIRE HAULING 02/17/2023 420.50$ 100 100-47-5110 LIBERTYVILLE STARS 02/17/2023 200.00$ 100 100-22-5410 MCHENRY COUNTY CHIEFS OF POLI 02/17/2023 100.00$ 100 100-22-8300 MCHENRY HEATING & AIR INC 02/17/2023 11,150.00$ 100 100-01-8200 MODERN FLOORING 02/17/2023 1,200.00$ 100 100-22-5370 NAPA AUTO PARTS MPEC 02/17/2023 678.76$ 100 100-22-6110 NAPA AUTO PARTS MPEC 02/17/2023 383.76$ 100 100-33-5370 NAPA AUTO PARTS MPEC 02/17/2023 1,079.80$ 100 100-33-6250 NAPA AUTO PARTS MPEC 02/17/2023 1,050.20$ 100 100-45-5370 NAPA AUTO PARTS MPEC 02/17/2023 244.45$ 510 510-32-6110 NAPA AUTO PARTS MPEC 02/17/2023 84.44$ 510 510-35-5370 NAPA AUTO PARTS MPEC 02/17/2023 18.99$ 100 100-45-6110 NORTHWEST ELECTRICAL SUPPLY C02/17/2023 1.85$ 100 100-45-6110 NORTHWEST ELECTRICAL SUPPLY C02/17/2023 20.59$ 290 290-00-8900 NORTHWEST ELECTRICAL SUPPLY C02/17/2023 1,680.93$ 100 100-45-6110 NORTHWEST ELECTRICAL SUPPLY C02/17/2023 2,167.37$ 510 510-35-4510 RED WING BUSINESS ADVANTAGE 02/17/2023 197.99$ 510 510-35-4510 RED WING BUSINESS ADVANTAGE 02/17/2023 268.39$ 100 100-01-5410 SAM'S CLUB 02/17/2023 140.00$ 400 400-00-6110 SAM'S CLUB 02/17/2023 85.98$ 100 100-22-6210 SYNCB/AMAZON 02/17/2023 348.79$ 100 100-22-5430 UW-PLATTEVILLE 02/17/2023 35.00$ 620 620-00-5320 VERIZON WIRELESS 02/17/2023 7,744.77$ 100 100-01-5110 ADAMS AUTO BODY 02/24/2023 1,265.63$ 100 100-01-8200 ADVANCED FIRE PROTECTION & SA 02/24/2023 2,477.50$ 100 100-41-5330 AMERICAN LITHO 02/24/2023 3,326.16$ 510 510-32-6110 CENTURY SPRINGS 02/24/2023 22.57$ 510 510-32-6110 CENTURY SPRINGS 02/24/2023 22.57$ 510 510-32-5410 FVOA C/O DALE WAGNER 02/24/2023 100.00$ 620 620-00-8300 HEARTLAND BUSINESS SYSTEMS, L 02/24/2023 3,049.62$ 59 620 620-00-8300 HEARTLAND BUSINESS SYSTEMS, L 02/24/2023 775.14$ 290 290-00-5110 HRGREEN 02/24/2023 5,756.09$ 290 290-00-5110 HRGREEN 02/24/2023 7,102.75$ 290 290-00-5110 HRGREEN 02/24/2023 14,912.75$ 290 290-00-5110 HRGREEN 02/24/2023 10,387.50$ 100 100-22-5430 ILEAS 02/24/2023 300.00$ 100 100-01-5110 ILLINOIS STATE POLICE 02/24/2023 169.50$ 100 100-03-5110 ILLINOIS STATE POLICE 02/24/2023 28.25$ 100 100-22-5110 ILLINOIS STATE POLICE 02/24/2023 56.50$ 100 100-33-5110 ILLINOIS STATE POLICE 02/24/2023 28.25$ 100 100-47-5110 ILLINOIS STATE POLICE 02/24/2023 395.50$ 510 510-32-5110 ILLINOIS STATE POLICE 02/24/2023 28.25$ 400 400-40-5110 ILLINOIS STATE POLICE 02/24/2023 169.50$ 100 100-01-8200 LIT N GLOW ELECTRIC, INC 02/24/2023 917.00$ 100 100-47-5110 MCGUIRE, BRIAN (MCGUIRE AQUATI02/24/2023 436.00$ 510 510-32-5510 WINNEBAGO LANDFILL CO 02/24/2023 1,864.00$ TOTAL: 125,130.30$ 60 Depa rtment of Economic Development Douglas Ma rtin, Director of Economic Development McHenry M u nicipal Cent er 333 Green Street McHenry , Illinois 60050 Ph o ne: (81 5) 363-2110 Fax: (815) 363 -2128 dmartin@cityofmchen ry.org www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: March 20, 2023 Regular City Council Meeting RE: Façade Grant at 1325 N Riverside Drive in the Amount of $30,000 ATT: 1. Location Ma p 2. Façade Grant Application AGENDA ITEM SUMMARY: Attached is an applicati on for a façade grant for the pr operty located at 1325 N Riverside Drive. This is for the proposed Whiskey Diablo Restaurant. The east façade fronts Riverside Drive and the west façade fronts the public parking area. Work is being proposed on both facades. The g rant application is for $30,000. The business owner, Mr. Dan Hart, will be in attendance to answer any questions Council may have. In addition, Mr. Har t has identified that his timeline for completing improvements and opening the business is 120 from approval. ANALYS IS: The proposed grant covers the work detailed in the application and includes both the east and west facades. The approximate cost of all the wor k is roughly $100,000. As Council may recall, changes were recently made to the Façade Program to consider requests for funding base don lineal footage of the proposed faca des being improved. The total lineal footage of the east and west facades (both facades face public ways) is 126 feet and, therefore, the applicant is eligible to request up to $30,000 for more than 81 feet of lineal frontage. The grant is a dollar for dollar match up to $30,000 at this lineal footage. Finally, as a reminder, Façade Grants are reimbursed at the completion of the project and with appropriate documentation of improvements. Attached is an application, along with pictur es and renderings. RECOMMENDATION: Therefore, if the City Counc il concurs wit h Staff’s review and analysis, it is recommended that a motion be made to approve a façade grant application for the property located at 1325 N Riverside Drive in the amount of $30,000. 61 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 dmartin@cityofmchenry.org Location Map-1325 N Riverside Drive 62 63 64 65 66 67 68 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 cu stomer-oriented, efficient, and fiscally responsible manner. REGULAR AGENDA ITEM DATE: March 20, 2023 TO: City Council FROM: Deputy Clerk Monte Johnson RE: Shelly’s Café Liquor License AGENDA ITEM SUMMARY: Shelly’s Café has submitted an application for a Class A Liquor License. The business will be located at 4300 W Elm Street. The business will be owned and operated by Mitchell Voss and Christopher Goluba. Background checks have been completed and passed, pending the approval of a manager/agent living within 10 miles of the City limits. If approved, an ordinance needs to be passed to increase the number of C lass A liquor licenses to 43. RECOMMENDATION: A motion to approve or deny a Class A Liquor License to Shelly’s Cafe located at 4300 W Elm Street, and if approved, t o pass an Ordinance Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Author ity; Limitation on Number of Licenses, with a license bein g issued after the successful background check of a qualified agent/manager. 69 4•-+4 McHenr License Classification Application Date* 1/17/2023 License Type* A Class"D"(Special EvenY'license has a separate application A B C E F G H License Classifications-Link to classifications list in the City Code Catering Endorsement? Permits the service of alcoholic liquors for consumption,either on-site or off-site.whether the location is licensed or unlicensed,as an incidental part of food service.Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract. No Yes 300 additional fee for Catering Endorsement New/Transfer* New Business Transfer of License Applicant Business Name of Business* Shelly's Cafe-McHenry LLC Name on License Name to appear on liquor license(if dlfferent than above). Address* Phone* Email* Type of Business* Sole Proprietor Partnership LLC or Corporation Principal Business Type* Bar Restaurant Retail Store Hotel Gas Station Gaming Parlor Other 4300 W Elm St, McHenry 70 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 ILLINOIS Alcohol Sale Length How long has the business been in the business of selling alcohol?List date. New Business Zoning What Zoning Classification is the business property? G3 Business Location History Date Date on which the business opened or will open at the above Business Location 4/1/2023 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 Name Heidner Property Management Company, Inc. Address 5277 Trillium Blvd., Hoffman Estates, IL 60192 Phone Number 630-894-0099 Email Leasing@Heidnerinc.com Location Qualifications* Is the location of the applican'ts business for which the license is sought within one hundred feet of any church,schook,hospital,funeral home,home for aged or indigent persons or for veterands and their families or any military or naval station? No Yes Parking How many private property parking spaces are associated with the business location? 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.71 Full Name* Mitchell Voss Date of Birth* Home Address* Phone* Citizenship* Birth Naturalization Email* Business History 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 Licensing and Filing Identification 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 72 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 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 Felony/Misdemeanor?* 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? Yes 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 Gaming/Wagering Stamp* Yes No 73 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 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 Mitchell S.Voss Date of Birth Address 74 Phone Email Percentage of Ownership 50% Citizenship-Owner Birth Naturalization Name Christopher J. Goluba Date of Birth Address Phone Email Percentage of Ownership 50% 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 Corporation t`''//Jd 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* 1/17/2023 75 ORDINANCE NO. 23- 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-three (43) 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 20th day of March, 2023. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ 76 Alderman Harding _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 77 Monte Johnson Deputy City Clerk 333 S Gre en Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmche nry.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. REGULAR AGENDA SUPPLEMENT DATE: March 20, 2023 TO: Mayor and City Council FROM: Monte Johnson RE: Video Gaming License Application by Shelly’s Cafe AGENDA ITEM SUMMARY: Shelly’s Cafe has submitted an application for a Class A liquor license. If appr oved for the liquor license, they would like to obtain a Video Gaming License. They are requesting up to 6 video gaming terminals. If approved, they would be require d to comply with a Video Gaming Development Agreement tha t puts certai n restrictions on items such as outdoor signage and partitions. RECOMMENDATION: Pending the app roval of a Class A liquor license by City Cou ncil, a motion sh ould be made to approve or deny a video gaming license to Shelly ’s Cafe at 4300 W Elm S treet. 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173