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Home My WebLink AboutPacket - 9/5/2023 - City Council 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 REGULAR CITY COUNCIL MEETING Tuesday, September 5, 2023, 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 Comment 5. Consent Agenda. Motion to Approve the following Consent Agenda Items as presented: A. Proclamation identifying September 3rd of each year as “It’s Our Fox River Day.” (Deputy City Clerk Johnson) B. Resolution adopting the McHenry County Natural Hazards Mitigation Plan. (Deputy City Clerk Johnson) C. Award a contract for the North Riverside Drive Parking Lot Project to Chicagoland Paving of Lake Zurich, Illinois in the amount of $307,000 and to approve a construction contingency in the amount of 10% ($30,700) of the awarded contract price. (Staff Engineer Gruen) D. Task Order with Robinson Engineering Ltd for Professional Engineering Services for the Phase III Construction Engineering for the North Riverside Drive Parking Lot Project on a Time and Materials basis not to exceed $34,700. (Staff Engineer Gruen) E. Ordinance Amending Title 4, Chapter 3: Adult Business and Uses, Article C: Massage Establishments and Massage Therapists. (Deputy City Clerk Johnson) F. Award a contract to Visu-Sewer of Illinois, LLC for the FY23/24 Sanitary Sewer Lining (Joint Bid) Program in an amount of $114,804.10 and to approve a construction contingency in the amount of 10% ($11,480.41) of the awarded contract price. (Staff Engineer Gruen) G. Award a contract to Benchmark Construction Company, Inc. of Bartlett, Illinois for the FY23/24 Sanitary Sewer Lining (Illinois Route 120) Program in the amount of $198,800 and to approve a construction contingency in the amount of 10% ($19,880) of the awarded contract price. (Staff Engineer Gruen). 1 H. Block Party Request – September 16, 2023, Springdale Lane. (Deputy City Clerk Johnson) I. August 7, 2023 City Council Meeting Amended Minutes; J. August 21, 2023 City Council Meeting Minutes; K. Issuance of Checks in the amount of $1,166,372.64. 6. Individual Action Item Agenda A. Sign Variance – 1850 N. Richmond Road (new Panera) Motion to grant a Sign Variance for the new Panera, located at 1850 N. Richmond Road, to allow two (2) additional wall signs not to exceed 46.5 sq/ft and one (1) additional menu board not to exceed 12 sq/ft in area. (Community Development Director Polerecky) 7. Discussion Item Agenda A. Lead Service Presentation (DPW Field Operations Manager Wirch) B. Façade Grant Funding Requests for Remainder of FY23/24. (City Administrator Morefield) 8. Staff Reports. Provided the 1st 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 hear d. The public can listen and view the meeting from the following link: https://cityofmchenry.zoom.us/j/83440444129 2 Proclamation Establishing “It’s Our Fox River Day – A Watershed Wide Celebration ” WHEREAS, The Fox River was central to the lives of native Americans inhabiting the Fox River Valley in Wisconsin and Illinois for millennia, providing an abundance of food and water to wildlife and those native populations, and; WHEREAS, The Fox River was the central to the lives of early settlers of the Fox River Valley, providing a source of water and power to mill the grains to feed those settlers, saw the lumber to shelter those settlers, and drive the early machinery which formed the commercial an d industrial base that gave first growth to our community, and; WHEREAS, The Fox River, once a fine fishery and source of public water, became burdened with the uncontrolled discharge of industrial, commercial and municipal wastes, with the resulting p ollution threatening the health and welfare of all populations of the Fox River, including human and wildlife, and; WHEREAS, sustained and increasingly diligent and effe ctive efforts have been made over the past century to reduce and eliminate pollution and changes to our river's natural shorelines, and; WHEREAS, The Fox River has been largely freed from its burden of pollution and once again has become a safe source of recreation and reliable public water supply, with its fish and wildlife population in clear recovery; and WHEREAS, the City of McHenry recognizes the historic, present and future value of this unique and precious natural resource to our community, and all other communities within and beyond the Fox River Valley, NOW THEREFORE, I the Mayor of the City of McHenry in the State of Illinois declare the third Saturday of September, this year and every year thereafter, shall be recognized as "It's Our Fox River Day", and to have and support events, public and private, that honor and celebrate the life and well-being of the Fox River for us to share now, and with generations to come. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal o f the City of McHenry to be affixed, this 5th day of September, 2023. Signed: _________________________________ Wayne Jett, Mayor 3 Monte Johnson, Deputy City Clerk City of McHenry 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2173 mjohnson@cityofmchenry.org CONSENT AGENDA TO: Mayor and City Council FROM: Monte Johnson, Deputy City Clerk FOR: September 5, 2023 Regular City Council Meeting RE: Resolution adopting McHenry County Natural Hazards Mitigation Plan ATT: Resolution Agenda Item Summary: The City of McHenry adopted The McHenry County Hazard Mitigation Plan in 2011 and adopted changes to the plan in 2017. The plan has since been updated and must be adopted to memorialize the new changes. Background: Attached is a resolution approving the McHenry County Natural Hazards Mitigation Plan. All actions identified in the resolution for implementation by the City of McHenry have been completed and/or addressed in the municipal code. The actual plan is comprised of 639 pages and such, can be reviewed at this link: https://www.mchenrycountyil.gov/home/showpublisheddocument/113083/638283945569570 000. The plan was adopted by the county and will be adopted by a resolution by each participating municipality, township and agency. The City of McHenry is eligible to receive hazard mitigation grant funding if the plan is adopted. The federal Emergency Management Agency (FEMA) and the Illinois Emergency Management Agency (IEMA) have approved the plan. Staff Recommends the City Council approve the attached resolution. 4 Resolution No City of McHenry, IL Adoption of the McHenry County Natural Hazard Mitigation Plan WHEREAS, McHenry County is subject to flooding, severe summer and winter storms, tornadoes, drought, and other natural hazards that can damage property, close businesses, disrupt traffic, and present a public health and safety hazard; and WHEREAS, the McHenry County Hazard Mitigation Planning Committee has prepared a recommended the McHenry County Natural Hazard Mitigation Plan that reviews the County's options to protect people and reduce damage from hazards; and WHEREAS, the McHenry County Natural Hazard Mitigation Plan was developed as a multi- jurisdictional plan has been submitted and approved by Illinois Emergency Management Agency ((EMA) and the Federal Emergency Management Agency (FEMA); and WHEREAS, the recommended McHenry County Natural Hazard Mitigation Plan has been widely circulated for review by residents and federal, state, and regional agencies an d has been supported by those reviewers; and WHEREAS the preparation and adoption of a community mitigation plan is a requirement of FEMA in order for McHenry County to be eligible for federal mitigation funds under Section 104 of the Disaster Mitigation Act of 2000 (42 USC 5165), and under 44 CFR (Code of Federal Regulations) Part 201. NOW, THEREFORE BE IT RESOLVED, that the McHenry County Natural Hazards Mitigation Plan, July 2023, is hereby adopted as an official plan of the City of McHenry and, BE IF FURTHER RESOLVED, that Ross Polerecky is hereby appointed as the City of McHenry representative on the McHenry County Hazard Mitigation Planning Committee and they will keep the City of McHenry apprised of the mitigation action items undertaken by or reported to the McHenry County Hazard Mitigation Planning Committee, and BE IT FURTHER RESOLVED, that the McHenry County Natural Hazards Mitigation Plan identifies a series of action items. The following action items are hereby assigned to the City of McHenry as shown below, or to the McHenry County Hazard Mitigation Planning Committee or department of the McHenry County government. The City of McHenry shall be responsible for the implementation of the action item within the City of McHenry as staff resources and funding permit: 5 Action Item 1: Plan Adoption - City Council, City of McHenry Action Item 2: Continuation of Mitigation Committee - McHenry County Board. Action Item 3: Plan Monitoring and Maintenance - McHenry County Hazard Mitigation Planning Committee. Action Item 4: Include into Other Plans – City of McHenry Action Item 5: Watershed Studies – City of McHenry Action Item 6: Expand Stream Gaging Network – McHenry County Action Item 7: Stream Maintenance Programs – City of McHenry Action Item 8: Prohibited Waterway Dumping Ordinances - City of McHenry Action Item 9: Mitigation of Public Infrastructure - City of McHenry Action Item 10: Continue NFIP Compliance – McHenry County Dept of Planning & Development and municipal NFIP Administrators Action Item 11: Repetitive Loss Areas Study - McHenry County Planning and Development Action Item 12: Identification of Floodplain Structures - McHenry County Department of Planning and Development and GIS Division Action Item 13: Investigation of Critical Facilities – McHenry County GIS Team Action Item 14: Critical Facilities Design with Natural Hazards Protection – City of McHenry Action Item 15: Mitigation of Floodplain Properties -McHenry County Department of Planning and Development Action Item 16: Safe Rooms – City of McHenry Action Item 17: Consider Community Rating System Participation – McHenry County Department of Planning and Development Action Item 18: Urban Forestry – Tree City USA – City of McHenry Action Item 19: Consider Participation in Storm Ready - City of McHenry Action Item 20:Strengthen Building Codes and Code Enforcement Training - City of McHenry Action Item 21: Seek Mitigation Grant Funding for Additional Mitigation Planning and Cost Beneficial Projects - City of McHenry Action Item 22: Implementation of the Water Resources Action Plan – City of McHenry Action Item 23: Development of a Public Information Strategy - City of McHenry Action Item 24: Property Protection References – McHenry County Mitigation Committee BE IT FURTHER RESOLVED, that the City Clerk is hereby requested to distribute a certified copy of this Resolution to the McHenry County Emergency Management Agency Director and IEMA. 6 Passed this 5th day of September, 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 7 Department of Public Works Greg Gruen, P.E., Staff Engineer 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: September 5, 2023 TO: Mayor and City Council FROM: Greg Gruen, P.E., Staff Engineer RE: N. RIVERSIDE DRIVE PARKING LOT CONSTRUCTION ATT: Award Recommendation Letter by Robinson Engineering Location Map AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a contract to Chicagoland Paving, Inc. in the amount of $307,000.00 for the N. Riverside Drive Parking Lot Project. BACKGROUND: The FY23/24 Capital Budget includes $300,000 for the N. Riverside Drive Parking Lot Project. The project was designed by Robinson Engineering and then subsequently publicly bid by the City of McHenry on July 27, 2023. Bids were received on August 17, 2023. A summary of the bids received is as follows: Chicagoland Paving $307,000.00 (Low Bidder) Maneval Construction Co., Inc. $313,244.00 Schroeder Asphalt Services $315,511.20 Everlast Blacktop, Inc. $324,344.70 Lenny Hoffman $334,079.20 DK Contractors, Inc. $355,589.00 Berger Excavating $356,552.50 Martam Construction $417,344.20 8 The project will provide an additional 23 public parking spaces in the Downtown Riverside Drive area. The scope of the improvements includes tree removal, excavation, curb and gutter, lighting, storm sewer, asphalt and an 8’ cedar fence. ANALYSIS: Staff has analyzed and verified the bids for accuracy and recommends awarding the contract to Chicagoland Paving of Lake Zurich, IL. This is a unit price contract. The final construction cost will be based on the actual field measured and verified quantities. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award a contract for the N. Riverside Drive Parking Lot Project to Chicagoland Paving of Lake Zurich, Illinoi s, in the amount of $307,000.00. It is further recommended to approve a construction contingency in the amount of ten percent (10%) of the awarded contract price. The final contract price will be based on the final measured quantities and may vary from the original cont ract amount. 9 August 18, 2023 To: City of McHenry 333 S. Green Street McHenry, Illinois Attn: Greg Gruen, P.E. Staff Engineer RE: City of McHenry North Riverside Drive Parking Lot Dear Mr. Gruen: We have reviewed the bids received on August 17, 2023 for the referenced project, and find them to be as follows: Bidder As-Read Bid Mathematically Corrected Bid Chicagoland Paving $307,000.00 Maneval Construction Co. $313,244.00 Schroeder Asphalt Services, Inc. $315,511.20 Everlast Blacktop, Inc. $320,755.70 $324,344.70 Lenny Hoffman $334,079.20 DK Contractors, Inc. $355,589.00 Berger Excavating Contractors $356,552.50 Martam Construction, Inc. $417,344.20 As seen on the enclosed itemized bid tabulation, the low bid is approximately 12.7% lower than the estimated cost of $351,855.00. We, therefore, recommend that the contract be awarded to the low bidder, Chicagoland Paving. in the amount of Three Hundred Seven Thousand Dollars ($307,000.00). If you have any questions, or need additional information, please contact me at your convenience. Very truly yours, Jairo Rodriguez Project Engineer (815) 412-2725 jrodriguez@reltd.com R:\2020-2024\2023\23-R0288.MCH\_Bid and Contract Documents\Award Recommendation_8.18.23.docx Encl: North Riverside Parking Lot – Bid Tabs 10 PE A R L S T R E E T RIVERSIDE DRIVENE W P A R K I N G CO R K S C R E W OLD B R I D G E BIM B O S AFT E R T H E F O X 11 Department of Public Works Greg Gruen, P.E., Staff Engineer 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: September 5, 2023 TO: Mayor and City Council FROM: Greg Gruen, P.E., Staff Engineer RE: N. RIVERSIDE DRIVE PARKING LOT PHASE III ENGINEERING ATT: Robinson Engineering Task Order #7 with Scope and Fee Proposal AGENDA ITEM SUMMARY: Staff requests City Council to consider approval of a Task Order with Robinson Engineering, Ltd. for Professional Engineering Services for the Phase III Construction Engineering Assistance for the N. Riverside Drive Parking Lot Project on a Time & Material basis not to exceed $34,700. BACKGROUND: The City will be commencing the construction of the N. Riverside Drive Parking Lot Project starting this fall. The project was designed by one of our pre-qualified consultants, Robinson Engineering. In order to ensure that the contractor adheres to the plans, specifications, and schedule, staff is recommending that the City Council approve Task Order #7 for $34,700. The scope of Robinson Engineering’s work includes construction layout, respond to contractor questions, provide part - time observation, field verify quantities, review pay requests, monitor progress schedule, and prepare a final punchlist. ANALYSIS: Staff has analyzed Robinson Engineering’s proposal and has determined that the scope and not to exceed fee is reasonable. The engineer will be paid on a time & material basis for the work performed. The final engineering costs have traditionally been less than the not-to-exceed fee amount. 12 RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve Task Order #7 in the amount of $34,700 to Robinson Engineering, Ltd. for Professional Engineering Services for the N. Riverside Parking Lot Phase III Construction Engineering Assistance. 13 Task Order # 7 Page 1 ATTACHMENT A TASK ORDER In accordance with Section 1.2 of the Master Contract dated May 1, 2022, between the City of McHenry (the “City”) and Robinson Engineering, LTD. (the “Consultant”), the Parties agree to the following Task Number 7: 1. Contracted Services: Phase III Professional Engineering Construction Engineering & Observation Serevices for North Riverside Drive Parking Lot per letter dated July 30, 2023 (attached). 2. Project Schedule (attach schedule if appropriate): Project schedule included in Robinson Engineering Ltd. Proposal is attached. 3. Project Completion Date: All Contracted Services must be completed on or before: April 30, 2024. 4. Project Specific Pricing (if applicable): Costs will be invoiced on a time & material with a not-to-exceed fee of $34,700. 5. Additional Changes to the Master Contract (if applicable): _______________________________________________________________________ _______________________________________________________________________ ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED [signature page follows] 14 Task Order # 7 Page 2 CITY OF MCHENRY ROBINSON ENGINEERING, LTD. Signature Signature Director of Public Works And Engineering Printed Name , 20 , 20 Date Date If greater than $[10,000], the City Administrator’s signature is required. Signature City Administrator , 20 Date If compensation is greater than $[20,000], then the City Council must approve the Services Change Order in advance and the City Administrator or Mayor’s signature is required. Signature , 20 Date 15 26575 West Commerce Drive, Suite 512, Volo, IL 60073 l phone: (815) 806-0300 l fax: (815) 806-0301 l www.reltd.com July 30, 2023 To: City of McHenry Public Works Department 1415 Industrial Drive McHenry, IL 60050 Attn: Mr. Gregory S. Gruen, PE Staff Engineer RE: Proposal for Professional Engineering Services - Construction Engineering & Observation North Riverside Drive Parking Lot Dear Mr. Gruen: Robinson Engineering, Ltd. (REL) is pleased to present a proposal to provide construction engineering and observation services related to the North Riverside Drive Parking Lot project. REL appreciates this opportunity to participate in this project that is important to the City of McHenry (City). We take great pride in partnering with our clients to achieve their goals, and sincerely appreciate the opportunity to offer our expertise and dedication on this project. Included in this proposal are the following: Project Overview, Scope of Services, Payment Terms, Standard Billing Rates, and Standard Terms and Conditions. REL’s Standard Terms and Conditions and Standard Billing Rates should be considered as integral parts of this proposal. 1. PROJECT OVERVIEW The City intends to construct a new municipal parking lot located at 1405 N. Riverside Drive. The scope of the parking lot construction includes, but is not limited to, earth excavation, aggregate base course preparation and installation, asphalt binder and surface course installation, adjacent curb removal and replacement, sidewalk replacements, storm sewer installation, lighting, pavement markings, and perimeter fence. 2. SCOPE OF SERVICES REL will provide technical personnel to provide construction engineering assistance and construction observation services, including the following tasks: a. Facilitate pre-construction meeting between City, Contractor and other stakeholders as may be applicable, including preparation of agenda and meeting minutes. b. Conduct construction layout and staking of the silt fence, storm sewer, curb, and parking lot. c. Respond to Contractor requests for information. d. Review shop drawings. e. A review of the Contractor provided digital photographic survey (video) of the project construction area to document existing conditions within the affected easements. f. Provide a qualified Resident Engineering Representative on a part-time basis to observe construction activities, ensure Contractor compliance with approved plans and specifications, measure project quantities, assist with utility coordination, keep City informed of project status, and advise City of deficiencies in the Contractor’s work as necessary. g. Prepare daily observation records and collect all required construction documentation from the Contractor to be delivered to City in electronic format as requested. h. Assist the City in the preparation of change orders, plan revisions or other field directives as may be determined during construction. 16 26575 West Commerce Drive, Suite 512, Volo, IL 60073 l phone: (815) 806-0300 l fax: (815) 806-0301 l www.reltd.com i. Review the Contractor’s pay requests and prepare recommendations for payment for work satisfactorily completed. j. Assist the City in addressing concerns of stakeholders and/or the general public as required. k. Conduct punch list review(s) and associated documentation before final payment recommendation is made for the Contractor’s work. 3. PAYMENT TERMS REL proposes to perform the listed Scope of Services on a time and material basis for a fee of $34,700. This fee is based on our understanding of the project and experience with similar projects. We have budgeted for an average of 3 hours per day during the 45 working day construction contract for Resident Engineering Representative construction observation. If additional construction observation hours are requested, and are authorized by the City, they will be invoiced at REL’s Standard Billing Rates. REL’s Standard Billing Rates schedule for this proposal is attached hereto and incorporated herein. 4. STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions for this proposal are attached hereto and incorporated herein. Please let me know if you have any questions or concerns. Again, we thank you for the opportunity to submit this proposal for your consideration. Please feel free to call me at (224) 908-3981 or email me at pruscko@reltd.com with any questions regarding this proposal, or if any additional information is needed. Very truly yours, Paul R. Ruscko, PE Senior Project Manager Encl. ACCEPTED AND APPROVED: CITY OF MCHENRY, ILLINOIS By: Signature By: Printed Name Title: Date: 17 Billing Rates2023 Standard Billing Rates - Effective January 1, 2023 Classification Rate Principal Engineer 1 $213.00 Senior Project Manager 1 / 2 $193.00 / $202.00 Senior Engineer 1 / 2 / 3 $166.00 / $178.00 / $190.00 Project Engineer 1 / 2 / 3 / 4 $133.00 / $142.00 / $152.00 / $163.00 Project Manager 1 / 2 / 3 $142.00 / $153.00 / $163.00 Senior Project Scientist $160.00 Engineering Technician $135.00 Chief Land Surveyor $172.00 Land Surveyor 1 / 2 / 3 $128.00 / $146.00 / $158.00 Surveying Technologist 1 / 2 $113.00 / $128.00 Senior Planner $162.00 Planner $135.00 Grant Writer 1 / 2 $95.00 / $115.00 Project Developer 1 / 2 / 3 $113.00 / $152.00 / $177.00 GIS Coordinator $168.00 GIS Developer $139.00 GIS Technologist $111.00 CAD Manager $160.00 CAD Designer $140.00 CAD Technologist 1 / 2 $105.00 / $121.00 Resident Engineer 1 / 2 / 3 $133.00 / $152.00 / $165.00 Resident Engineering Rep 1 / 2 / 3 $137.00 / $142.00 / $148.00 Field Superintendent $180.00 Assistant Field Superintendent $170.00 Field Crew Chief $133.00 Field Crew Member 1 / 2 $83.00 / $101.00 Operations Manager $150.00 Operations Coordinator $108.00 Operator 1 / 2 / 3 $92.00 / $98.00 / $104.00 IT Coordinator $152.00 IT Technologist $113.00 Administrative 1 / 2 $83.00 / $95.00 Project Administration $110.00 Intern $55.00 • Rates are subject to revision on or after 1/1/2024. • Reimbursable Expenses at a factor of 1.10. Sub-Consultant Fee Markup at 10% 18 ROBINSON ENGINEERING, LTD (“REL”) STANDARD TERMS AND CONDITIONS Client’s Initial: ____________________ Date: _____________________ 04/23 CONTRACT – These Standard Terms and Conditions may be amended, added to, superseded, or waived only if both REL and Client specifically agree in writing to any amendment of these Terms and Conditions (“Agreement”). STANDARD OF CARE - The standard of care for all professional engineering, survey or related professional services performed or furnished by REL under this Agreement will be the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. REL makes no warranties, express or implied, under this Agreement or otherwise, in connection with REL’s services on this Project. RELIANCE – REL may, without liability, rely on the accuracy and completeness of information provided by Client, Client’s consultants and any contractors, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards without the need for verification. CHANGES IN SCOPE –The proposed fees constitute REL’s estimate to perform the services required to complete the Project. However, all required services are not always definable in the initial planning. Accordingly, circumstances may dictate a change in the scope of services to be performed. Where this occurs, changes in the Agreement shall be negotiated, an equitable adjustment shall be made to REL’s compensation and agreed to in writing by REL and Client. DELAYS – REL shall complete its obligations within a reasonable time. If, through no fault of REL, such periods of time or dates are changed, or the orderly and continuous progress of REL’s services is impaired, or REL’s services are delayed or suspended, then the time for completion of REL’s services, and the rates and amounts of REL’s compensation, shall be adjusted equitably. RIGHT OF ENTRY – Client agrees to obtain legal right-of-entry on the property when entry to property is required by the work of this Agreement. ENVIRONMENTAL CONDITIONS OF SITE - REL’s scope of services does not include any services related to any environmental issues related to the site including petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, or regulated by any Federal, State, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic, or dangerous waste, substance, or material. SUSPENSION & TERMINATION – Client may suspend the Project upon seven (7) days written notice to REL. If REL’s services are substantially delayed through no fault of REL, REL may suspend services after giving seven (7) days written notice to Client. Either party may terminate this agreement upon thirty (30) days written notice to the other party in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If the project resumes after being suspended 30 days or more, the contract fee may be re-negotiated to reflect costs of delay, start-up, and other costs. Client shall remain liable for and shall promptly pay REL and (if applicable) REL’s independent professional associates or consultants for all services rendered to the date of such suspension/termination of services plus suspension/termination charges incurred by REL or REL’s independent professional associates or consultants. Suspension/termination charges may include, but not be limited to, salaries, overhead, and fee, incurred by REL or REL’s independent professional associates or consultants either before or after the termination date. OPINION OF PROBABLE COSTS – REL’s opinions of probable Construction Cost (if any) are to be made on the basis of REL’s experience, qualifications, and general familiarity with the construction industry. However, because REL has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors’ methods of determining prices, or over competitive bidding or market conditions, REL cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by REL. If Client requires greater assurance as to probable Construction Cost, then Client agrees to obtain an independent cost estimate. REUSE OF PROJECT DOCUMENTS – All Documents are instruments of service, and REL owns the Documents, including all associated copyrights and the right of reuse at the discretion of REL. REL shall continue to own the Documents and all associated rights whether or not the Specific Project is completed. Client may make and retain copies of Documents for information and reference in connection with the use of the Documents on the Specific Project. REL grants Client a limited license to use the Documents on the Specific Project, extensions of the Specific Project, and for related uses of the Client, subject to receipt by REL of full payment due and owing for all services relating to preparation of the Documents, and subject to the following limitations:  Client acknowledges that such Documents are not intended or represented to be suitable for use on the Specific Project unless completed by REL, or for use or reuse by Client or others on extensions of the Specific Project, on any other project, or for any other use or purpose, without written verification or adaptation by REL;  Any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by REL, as appropriate for the specific purpose intended, will be at Client’s sole risk and without liability or legal exposure to REL or to its officers, directors, members, partners, agents, employees, and REL’s independent professional associates or consultants;  Client shall indemnify and hold harmless REL and its officers, directors, members, partners, agents, employees, and REL’s independent professional associates or consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaptation by REL; and  Such limited license to Client shall not create any rights in third parties. RELATIONSHIP WITH CONTRACTORS – REL shall not at any time supervise, direct, control, or have authority over any contractor’s work, nor will REL have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a contractor to comply with Laws and Regulations applicable to that Contractor’s furnishing and performing of its work. REL shall not be responsible for the acts or omissions of any contractor. REL shall have no authority to stop the work of any contractor on the Project. LIMITATION OF LIABILITY – To the fullest extent permitted by law, the total liability, in the aggregate, of REL and its officers, directors, members, partners, agents, employees, or REL’s independent professional associates and consultants, to Client, and anyone claiming through or under Client, for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way relating to this Project or Contract, from any cause or causes, including but not limited to tort (including negligence and professional errors and omissions), strict liability, breach of contract, or breach of warranty, shall be limited to (1) responsibility for payment of all or the applicable portion of any deductibles, either directly to REL’s insurers or in settlement or satisfaction, in whole or in part, of Client’s Claims, and (2) total available insurance proceeds paid on behalf of or to REL by REL’s insurers in settlement or satisfaction of 19 Client’s Initial: ____________________ Date: _____________________ 04/23 Client’s Claims under the terms and conditions of REL’s applicable insurance policies up to the amount of insurance required under this Agreement. Such limitation will not be reduced, increased, or adjusted on account of legal fees paid, or costs and expenses of investigation, claims adjustment, defense, or appeal. If no such insurance coverage is provided with respect to Client’s Claims, then the total liability, in the aggregate, of REL and REL’s officers, directors, members, partners, agents, employees, or REL’s independent professional associates and consultants, to Client and anyone claiming by, though, or under Client, for any and all such uninsured Client’s Claims will not exceed $50,000. The Client may negotiate a higher limitation of liability for an additional fee, which is necessary to compensate for the greater risk assumed by REL. INSURANCE – REL shall maintain insurance coverage for Professional, Commercial General, Automobile, Worker’s Compensation and Employer’s Liability in amounts in accordance with any legal requirements and REL’s business requirements. Certificates of Insurance shall be provided by REL upon written request. INDEMNIFICATION – To the fullest extent permitted by Laws and Regulations, REL shall indemnify and hold harmless Client, and Client’s officers, directors, members, partners, agents, and employees, from losses, damages, and judgments (including reasonable consultants’ and attorneys’ fees and expenses) arising from third-party claims or actions relating to a Specific Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of REL or REL’s officers, directors, members, partners, agents, employees, or REL’s independent professional associates and consultants. The indemnification commitments in this Agreement do not include a defense obligation by the indemnitor unless such obligation is expressly stated. To the fullest extent permitted by Laws and Regulations, a party’s total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, will not exceed the percentage share that the party’s negligence bears to the total negligence of Client, REL, and all other negligent entities and individuals. This indemnification provision is subject to and limited by the provisions included above in “Limitation of Liability." MUTUAL WAIVER – To the fullest extent permitted by Laws and Regulations, Client and REL waive against each other, and the other’s officers, directors, members, partners, agents, employees, or other independent professional associates and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement from any cause or causes. Such excluded damages include but are not limited to loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; and cost of capital. GOVERNING LAW, JURISDICTION & VENUE – This Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois. Further, the parties agree and consent to the exclusive jurisdiction of the courts of the State of Illinois for all purposes regarding this Agreement and that venue of any action brought hereunder shall be exclusively in Cook County, IL. NON-ENFORCEMENT – A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. ASSIGNMENT – A party shall not assign its rights or obligations pursuant to this Agreement without the express written permission and consent of the other party. This Agreement shall be binding upon and inure to the benefit of any permitted assigns. SURVIVAL – All express representations, waivers, indemnifications, and limitations of liability included in this Agreement shall survive its completion or termination for any reason. THIRD PARTIES - Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Client or REL to any Contractor, Contractor’s subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of Client and REL and not for the benefit of any other party. SEVERABILITY - Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Client and REL, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that expresses the intention of the stricken provision. STATUTE OF LIMITATIONS – To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence to run, no later than the date of Substantial Completion of this Agreement. CONFLICTS - If a conflict exists between the Agreement provisions and these Standard Terms and Conditions then these Standard Terms and Conditions shall prevail and control. DIGITIAL TRANSMISSIONS – The parties agree that each may rely, without investigation, upon the genuineness and authenticity of any document, including any signature or purported signature, transmitted digitally, without reviewing or requiring receipt of the original document. Each document or signature so transmitted shall be deemed an enforceable original. Upon request, the transmitting party agrees to provide the receiving party with the original document transmitted digitally; however, the parties agree that the failure of either party to comply with such a request shall in no way affect the genuineness, authenticity, or enforceability of the document. Each party waives and relinquishes as a defense to the formation or enforceability of any contract between the parties, or provision thereof the fact that a digital transmission was used. COMPLIANCE WITH FREEDOM OF INFORMATION AND OPEN MEETING ACTS - REL and (if applicable) REL’s independent professional associates or consultants may be required to produce documents and emails as part of the Freedom of Information Act and Open Meetings Act (Illinois Public Act 96-0542), or from a court ordered subpoena. Requests of this nature are beyond the control of REL and are specifically not included in this contract. REL will notify the Client of any request received on behalf of this contract and will invoice the Client for time and materials at the published rates in effect at the time of the request. TERMS OF PAYMENT – As it applies to county, township, municipality, municipal corporation, school district, school board, forest preserve district, park district, fire protection district, sanitary district and all other local governmental units, the Illinois Prompt Payment Act (30 ILCS 540 et seq) shall apply. For Clients not covered by the Illinois Prompt Payment Act (30 ILCS 540 et seq), Client recognizes that late payment of invoices results in extra expenses for REL and (if applicable) REL’s independent professional associates or consultants. As such, REL and (if applicable) REL’s independent professional associates or consultants retains the right to assess Client interest at a rate of one percent (1%) per month, but not to exceed the maximum rate provided for by law, on invoices which are not paid within thirty (30) days from the date of the invoice. Also, Client agrees to pay reasonable attorney and collection fees incurred by REL in the collection of Client’s past due amounts. In the event undisputed portions of REL's invoices are not paid when due, REL reserves the right to suspend the performance of its services under this Agreement until all past due amounts including services, expenses, assessed charges, reasonable attorney and collection fees, have been paid in full. Client waives any and all claims against REL for any such suspension. 20 Monte Johnson Deputy City Clerk 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA ITEM DATE: September 5, 2023 TO: Mayor and City Council FROM: Monte Johnson RE: Massage Therapy Clinic Ordinance Changes ATT: Ordinance AGENDA ITEM SUMMARY: The City of McHenry currently requires all massage therapy clinics to become licensed with a few exceptions. One exception is that clinics that only employ one therapist do not need to become licensed or pass a background check. Staff recommends deleting that exception so that we can ensure all massage therapy clinics are properly licensed. Our code also does not address the individual therapists. Updates to the code state that all massaged therapists must be licensed by the State, that the City shall receive copies of the therapists’ licenses, and that the therapist licenses must be displayed at the establishment. The attached ordinance makes changes to make clinics comply with both of these issues. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve the attached ordinance, Amending Title 4, Chapter 3: Adult Business and Uses, Article C: Massage Establishments and Massage Therapists 21 ORDINANCE NO. 23- Amending Title 4, Chapter 3: Adult Businesses and Uses, Article C: Massage Establishments and Massage Therapists 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 4-3C-3: Exemptions to Licensing, of the Municipal Code, shall be amended to read as follows: 4-3C-3: EXEMPTIONS TO LICENSING: The licensing requirements of this article shall not be applicable to: A. Hospitals, nursing homes and persons holding an unrevoked certificate to practice the healing arts under the laws of the Illinois Department of Professional Regulation, including, but not limited to, chiropractors, naprapaths, nurses, occupational therapists, physical therapists and physicians. B. Any barber, cosmetologist or nail technician lawfully carrying on their respective business to the extent authorized under a valid unrevoked license or certificate or registration issued by the State; provided, this exemption is only intended to permit normal and customary barber, cosmetologist or nail technician services which involve incidental physical contact, such as scalp rubs and facials, which otherwise qualify as massage activities. This exemption is not intended to include, and does not permit, general massage activities as part of any barber, cosmetologist or nail technician business beyond that authorized by the State license or certification. C. Any State registered athletic trainer who administers such athletic related massage in the normal course of training duties. D. Where massage services are actually performed at the patron’s premises, including the patron’s place of business or residence, a massage therapy clinic license shall not be required for such patron’s premises. However, a massage therapist’s license shall be required for the massage therapist performing massage activities in such patron’s premises. SECTION 2: Section 4-3C: Application for Massage Therapy Clinic License, of the Municipal Code, shall be amended to renumber section 4-3C-16:Penalty to 4-3C-17:Penalty. SECTION 3: Section 4-3C: Application for Massage Therapy Clinic License, of the Municipal Code, shall be amended by adding Section 4-3C-16: Massage Therapists, as follows: 4-3C-16: MASSAGE THERAPISTS: A. Employment of Massage Therapists: No person shall employ as a massage therapist any person unless said person is a properly licensed massage therapist pursuant to Illinois law and the Massage Licensing Act, 225 ILCS 57/1 et seq. A copy of each therapist license shall be submitted to the City of McHenry with the initial licensing application and each time a new 22 therapist is employed thereafter. B. Display of License: The massage business license and the massage therapy license of each and every licensed massage therapist employed in the massage establishment shall be displayed in an open and conspicuous place in the massage establishment or available upon request. SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 4: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 5th day of September 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 23 Department of Public Works Greg Gruen, Staff Engineer 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: September 5, 2023 TO: Mayor and City Council FROM: Greg Gruen, Staff Engineer RE: 2023-2024 Sanitary Sewer Lining (Joint Bid) Program, Contract Award ATT: Agreement for Execution AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding the 2023-2024 Sanitary Sewer Lining (Joint Bid) Program contract to Visu-Sewer of Illinois, LLC of Bridgeview, Illinois for $114,804.10. BACKGROUND: In Fall of 2021, the City Council adopted Water and Sewer Base Fees to fund a 10-year Capital Improvement Program for water and sewer funded assets. This program also included $325,000 per year in funding for a sanitary sewer lining program which will be utilized to line all the City’s aging clay sanitary sewer pipe (approximately 25 miles) over the next 20 ye ars. Included in the FY 2023/2024 Water & Sewer Capital Budget is $325,000 for sanitary sewer lining. The City of McHenry partnered with several local municipal agencies (Algonquin, Harvard, and Fox River Grove) to issue a joint bid request. In the joint bid request, the City of McHenry specified approximately 2,500 linear feet of local, neighborhood sanitary sewer mains to be lined. Public Works staff facilitated the joint bid specifications, plans, and solicitation for bids. The project was advertised in the NW Herald and released for bid on August 1, 2023. ANALYSIS: Sealed bids for the 2023-2024 Sanitary Sewer Lining (Joint Bid) Program were received on August 17, 2023. Five prospective bidders submitted the following joint bid pricing: • Hoerr Construction, Inc. $806,970.50 • Insituform Technologies USA, LLC $969,980.00 • National Power Rodding Corp. $778,099.55 24 • Structured Solutions, LLC $592,979.00 • Visu-Sewer of Illinois, LLC $436,666.85 (Low Bidder) Upon review, staff determined that Visu-Sewer of Illinois, LLC is the lowest responsible bidder. The City of McHenry’s quantities under this joint bid contract yields a total contract value of $114,804.10. As part of the bid specifications, each municipality will issue separate contracts for the work to be performed in their City or Village. Pricing is within the FY 2023/2024 budget and therefore, it is recommended that the City Council authorize staff to proceed with the awarding of the contract. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award a contract to Visu-Sewer of Illinois, LLC for the 2023-2024 Sanitary Sewer Lining (Joint Bid) Program in an amount of $114,804.10 (actual amount may vary based on final measured quantities). It is further recommended to approve a construction contingency in the amount of ten percent (10%) of the awarded contract price ($11,480.41). The final contract price will be based on final measured quantities and may vary from the original contract amount. 25 AGREEMENT THIS AGREEMENT, made this 5th day of September, 2023, by and between City of McHenry hereinafter called "OWNER" and Visu-Sewer of Illinois, LLC doing business as a corporation hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the construction of the 2023 Sanitary Sewer Lining (Joint Bid) PROJECT. 2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents within 30 calendar days after the date of the NOTICE TO PROCEED and will complete the same within 90 calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $114,804.10 or as shown in the BID schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: a) Advertisement for BIDS b) Information for BIDDERS c) BID d) BID BOND e) Agreement f) Payment BOND g) Performance BOND h) NOTICE OF AWARD i) NOTICE TO PROCEED j) CHANGE ORDER k) NOTICE TO BIDDERS, SPECFICATIONS, AND PROPOSAL prepared by OWNER dated August 1, 2023. l) ADDENDA: No. 1 dated August 11, 2023. 6. The OWNER will pay to the CONTRACTOR in the manner and at such times, such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 26 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and each shall be deemed an original on the date first above written. OWNER: ATTEST: By: Name: Name: Title: Title: SEAL CONTRACTOR: ATTEST: By: Name: Name: Title: Title: SEAL 27 Department of Public Works Greg Gruen, Staff Engineer 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: September 5, 2023 TO: Mayor and City Council FROM: Greg Gruen, Staff Engineer RE: 2023-2024 Sanitary Sewer Lining (IL Route 120) Program, Contract Award ATT: Agreement for Execution AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding the 2023-2024 Sanitary Sewer Lining (IL Route 120) Program contract to Benchmark Construction Co., Inc. of Bartlett, Illinois for $198,800.00. BACKGROUND: In Fall of 2021, the City Council adopted Water and Sewer Base Fees to fund a 10-year Capital Improvement Program for water and sewer funded assets. This program also included $325,000 per year in funding for a sanitary sewer lining program which will be utilized to line all the City’s aging clay sanitary sewer pipe (approximately 25 miles) over the next 20 years. Included in the FY 2023/2024 Water & Sewer Capital Budget is $325,000 for sanitary sewer lining. Public Works staff specified approximately 2,900 linear feet of sanitary sewer mains to be lined on IL Route 120. Due to permitting and the complexity associated with working in the IDOT right - of-way, the City’s consultant, HRGreen, prepared the specifications, plans, and solicitation for bids. The project was advertised in the NW Herald and released for bid on August 3, 2023. ANALYSIS: The following sealed bids for the 2023-2024 Sanitary Sewer Lining (IL Route 120) Program were received on August 24, 2023: • Benchmark Construction Co., Inc. $198,800.00 (Low Bidder) • Hoerr Construction, Inc. $285,956.00 • Insituform Technologies USA, LLC $252,081.18 • National Power Rodding Corp. $305,482.30 28 • Visu-Sewer of Illinois, LLC $364,500.00 Upon review, staff determined that Benchmark Construction Co., Inc. is the lowest responsible bidder. Pricing is within the FY 2023/2024 Water & Sewer Capital Budget and therefore, it is recommended that the City Council authorize staff to proceed with the awarding of the contract. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award a contract to Benchmark Construction Co., Inc. of Bartlett, Illinois for the 2023-2024 Sanitary Sewer Lining (IL Route 120) Program in an amount of $198,800.00 (actual amount may vary based on final measured quantities). It is further recommended to approve a construction contingency in the amount of ten percent (10%) of the awarded contract price ($19,880.00). The final contract price will be based on final measured quantities and may vary from the original contract amount. 29 AGREEMENT THIS AGREEMENT, made this 5th day of September, 2023, by and between City of McHenry hereinafter called "OWNER" and Benchmark Construction Co., Inc. doing business as a corporation hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the construction of the 2023 Sanitary Sewer Lining (IL Route 120) PROJECT. 2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents within 30 calendar days after the date of the NOTICE TO PROCEED and will complete the same by December 15, 2023, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $198,800.00 or as shown in the BID schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: a) Advertisement for BIDS b) Information for BIDDERS c) BID d) BID BOND e) Agreement f) Payment BOND g) Performance BOND h) NOTICE OF AWARD i) NOTICE TO PROCEED j) CHANGE ORDER k) NOTICE TO BIDDERS, SPECIFICATIONS, AND PROPOSAL prepared by HRGreen dated August 3, 2023. l) ADDENDA: No. 1 dated August 21, 2023. 6. The OWNER will pay to the CONTRACTOR in the manner and at such times, such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 30 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and each shall be deemed an original on the date first above written. OWNER: ATTEST: By: Name: Name: Title: Title: SEAL CONTRACTOR: ATTEST: By: Name: Name: Title: Title: SEAL 31 Monte Johnson De puty City Clerk 333 S Gre e n Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with th e highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA ITEM DATE: September 5, 2023 TO: Mayor and City Council FROM: Monte Johnson RE: Block Party Request ATT: Application, Map AGENDA ITEM SUMMARY: An application has been submitted by Kimberly Echtle for the purpose of holding a block party on Saturday, September 16, 2023, betwee n 2:00 p.m. and 1:00 a.m. They are not requesting a street closure as this at the end of Sprin gdale Lane where people can still come and go. Background: The City of McHenry allows block parties on all residential streets providing they do not block intersections, cul-de-sacs, or other roadways. To schedule a block party, City re sidents submit an application to the City Administrator’s office. There is no fee for the permit. Sawhorses will not be provided as no streets will be closed . Signatures are also not being required because no driveways or neighbor access will be restricted. RECOMMENDATION: Therefore, i f Council concurs, it is recommended a motion be made to approve the block party request on Springdale Lane on September 16, 2023, from 2:00 p.m. to 1:00 a.m. Public Works, the McHenry Township Fire Protection District and Police Department will be notified of the event. 32 33 NScullyDrWS p rin g d a le L n NScullyDrWSpringdaleLn Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community~ Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community µPheasant Valley Block Party Block Party Location 34 Monte Johnson De puty City Clerk 333 S Gre e n Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with th e highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA ITEM DATE: September 5, 2023 TO: Mayor and City Council FROM: Monte Johnson RE: Amended Minutes 8-7-23 ATT: Ordinance AGENDA ITEM SUMMARY: The minutes from August 7, 2023 (the gravel pit meeting) had Jennifer Weinberg’s name down with the information that was spoken about from Jennifer Bro wn. Ms. Weinberg notified us of the error when she saw that the minutes stated she was in favor of the gravel pit, when in fact she opposed it. Because the minutes have already been approved , we need to have Council approve an ame nded set of minutes reflecting the changes. Jennifer Brown’s name is now where Jennifer Weinberg ’s was, and a couple of sentences about what Ms. Weinberg spoke about have been added. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve the amended minutes from August 7, 2023. 35 City of McHenry Council Meeting Minutes 8.7.23 MINUTES REGULAR CITY COUNCIL MEETING Monday, August 7, 2023, 7:00 p.m. McHenry High School Upper Campus Auditorium 4724 W Crystal Lake Road, McHenry, IL 60050 Roll Call: Mayor Jett called the roll call. Members present Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller, and Mayor Jett. Others present Attorney McArdle, Administrator Morefield, 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, Deputy Clerk Johnson, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge Consent Agenda. Motion to Approve the following Consent Agenda Items as presented: A. Per the City’s Purchasing and Procurement Policy, the acceptance of a low bid proposal from Advantage Mechanical, Inc of McHenry in an amount not to exceed $17,310.00 for the emergency replacement of air conditioning equipment at the Regional Pump Station. (City Administrator Morefield) B. Block Party request on Carey Drive on August 19, 2023, from 12:00 noon to 11:00 p.m., pending the receipt of signatures from all residents affected acknowledging their approval of the party; and a Block Party request on Jennifer Lane on August 19, 2023, from 12:00 noon to 10:00 p.m. (Deputy City Clerk Johnson) C. Parks & Recreation Facilities & Special Use Permit Requests; D. July 17, 2023, City Council Meeting Minutes; E. Issuance of Checks in the amount of $1,578,530.73 A motion was made by Alderman Santi and seconded by Alderman McClatchey to approve Consent Agenda Item as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. 36 City of McHenry Council Meeting Minutes 8.7.23 2 Individual Action Item Agenda A. Public Hearing - Land Reserves Annexation Agreement Hearing and Continued Public Comment Mayor Jett made a motion at 7:03 PM to enter Public Hearing. Director Polerecky spoke regarding the original meeting on June 5th when this topic was first brought to council. Some of the following changes were revised: Elimination of primary crusher, an extension of sewer and water, withdrawal of all variance requests, new hours M-F 6 am- 6 pm (reduction of hours), paved area wash station and exit to Route 120, increased enforcement language, and increase in monitoring of the wells. Attorney McArdle asked Director Polerecky to expand on the other additions as well. These included: EOPC 125% these changes are reflected in paragraph 7 and page 147 electronically along with added language in section 2B adding in no crushing greater than 5 inches, no concrete crushing, and no recycling. These were amended to the proposed agreement. Larry Thomas from Stanley Consultants was present at the meeting. He presented a report of the findings from the hydrological study from the prior week, which not all have had the chance to review. Will summarize the three conclusions and 6 recommendations and give his qualifications for the residents to know more history regarding his expertise in his position. The materials that are used went through the Super Aggregates and were reviewed. The direction of groundwater NW to SW was the flow, but after looking more detailed the water in that site could run in any direction from that site. There was some question in the direction of the flow of that property. Several of the documents were reviewed, according to Larry Thomas as he spoke to the residents. The hydrological study was also reviewed. The water quality testing will result from determining which way the water is flowing. Groundwater containments have not been found in any of the documents per any of the McHenry current gravel pits. If not careful they can be a route to water contamination, however. Buried tanks have the most chance of contamination. Conclusions: Groundwater quantity will not be reduced in the mining operation, no matter what direction the water flows it will continue that way and will not reduce the flow of the flow. Contamination of the water is very unlikely, the management practices are important, but not a guarantee of no contamination. 37 City of McHenry Council Meeting Minutes 8.7.23 3 *Clerks Note- Below is a summary of speakers during the public hearing period, however, the full comments section can be viewed through the YouTube recording of the meeting. Public Comment: Bob Roitbalt- Talked about noise levels, which are above 85 decimals, this kind of equipment can be over that at 86 decimals. Home values within 3 miles would be reduced by 4.9%. Wanted to deny the application for annexation. Berms and vegetation should be added to help with noise and site applications. Nick Finia- a resident of 17 years, behind the Meyer Gravel Pit, said the noise and dust are false, they lived it for 17 years. Talked about the hours of operation and how sometimes these times happen even earlier. Trucks not covered in tarp, rocks falling on vehicles behind them, the noises as well. Dust is out of control cannot open windows, or patio doors. Robert Hunter- Riverside Chocolate Factory, stated that he has heard many voices and it is of those from families and customers. Many voiced health concerns, water concerns, and others that they have been personally hearing at his business. Would like to support their wishes by saying “no to the gravel pit”. Stephanie Tesnegler- Talked about the dangers of the property, talked about contamination as well as the soil type as well as the effects of the mining. Kathleen Schluefer- retired attorney, resident of Lakemoor. Has valid concerns regarding the risks of the gravel pits, water supply, traffic on 120, noise, and dust will not be the same as it is today. Talked about Planning and Zoning and how they denied this, to begin with. Talked about violations by Super Aggregates that were public records. Carroll Monson-30 year resident, asking the council to vote for McHenry residents, talked about making the right choice. Terry Kappel – Democratic precinct, the public should have the right to deny gravel pits that are located near subdivisions, and the public should be able to make regulations that are not near the residential areas. He is not against gravel pits and what they provide, no sense in the middle of a residential area. Who will reclaim this site, is another issue brought to the attention. Rhianna Brown- a resident for over 30 years, talked about the concrete drivers. Her dad used to drive for Meyer and talked about the time he took the time to drive down there. Her dad had a first heart attack and was told that breathing in the silica causes and then was diagnosed with colon cancer. Remember those that will be directly impacted. 38 City of McHenry Council Meeting Minutes 8.7.23 4 Jennifer Brown- Talked about living across from a gravel pit for the last 15 years, Valley View is where her children attended surrounded by all three sides of the gravel pit. She is also a teacher as well, stated that she has not seen any issues with dust from the gravel pit or has heard of any issues with children getting sick. West side of the classroom with windows open facing the gravel pit the room was not dusty. Jennifer Weinberg stated that she is an Eastwood Manor resident. She doesn’t believe this will generate revenue for the City. There are too many “what-iffs” with issues with the water table and air pollution. She warns the Council that this will be their legacy and not the other improvements that have been made. People will remember this on election day. John Gacek- resident over 50 years with family. Talked about groundwater contamination and what is the plan that is specific to this site if there is a disaster, and who will pay for it and take care of it. Ann O’Connell- resident of Johnsburg, Chapel Hill Road. Her husband is sick and talked about the fires and he could not go outside. The main concern is the air quality, and if he cannot go outside and the quality of life. Along with the kids that go to the schools and mentioned sports and things where kids are outside and the air quality along with the traffic. Ginger Coull- a resident who lives close to the Thielen Pit, talked about how much noise and dust she has experienced. Glen Reid- a resident, talked about how he lives 150 feet from the pit. Showed everyone the Peony Bush and how it was covered with dust. Talked about the fumes and about how the effects happened years later. Heather Woodward- resident 12 years, serious negative health effects on the people of McHenry particularly those in the schools of the surrounding area. Talked about the air quality studies and how that has not been done. Just because you do not see Silica doesn’t mean that it is not there, along with the traffic study as well. The current land owner doesn’t have the use for permitting a gravel pit. Christine Layton-37 years ago, Jack would convert the gravel pit into home sites and it has never happened. Regarding that one on the route. Talked about the noises that she experience, the dust all day five days a week, looking out her windows to see soil, dirt, concrete, and how her land now floods. She is a retired teacher from Valley View School and there is dust when she went to walk out to her car. She is speaking the truth about the dust and the noise. She 39 City of McHenry Council Meeting Minutes 8.7.23 5 recommends getting into a position where there is some control over the business owner if the pit cannot be stopped Paul Gurns- talked about the dust and the noise and stated that it is disappointing that this is still a concern for the pit. Unanimously it was voted down by Planning and Zoning and is still being concerned. Would like Jack Pease to be a good neighbor and will keep him in the word. Penny Peterson- If you build a gravel pit around people that are already existing that is one thing, but moving by one is a resident’s choice. Talked about a resident that has a disease from Silica. Chris Pry-resident and realtor. Talked about how hard it is to sell a home and that buyers are particular about where they purchase to being with. The positive spin is not a reality with buyers. Had buyers cancel contracts based on this risk level. It would be better to approve it for a housing element rather than a gravel pit. Zach Walters- Talked about how the study seems to be on the quality of the water alone. The right thing to do is say no. Tom Potts- Talked about the opportunity of McHenry and that this would be a good interest for the community. Colleen Kuraszek- the resident, talked about conditional use and if this: quoted the planning and zoning statements. Time Kuraszek – resident, gravel pits do not belong in the residential neighborhoods. Talked about the 6 am and how the noises are. Showed a map of how many homes will be affected by 470 homes within ½ mile with 1,000 people in those homes. The comprehensive plan doesn’t mention the gravel pit. Taylor Hill- resident, 5,000 petitioners that are against the gravel pit. Loss prevention program for when they sell their homes at a loss value. Is there going to be a traffic program that the 1500 trucks that will occur as well, along with the safety program regarding the schools and the crossing of the schools? How will the air quality as well as the pets and gardens? Wanted to know who will oversee the gravel pit and keep the promises. Lexi DeWitt- resident 8 years, benefits only for Super Aggregates. Wanted to know how this will help with the town. Stated that people will die if moved forward. 40 City of McHenry Council Meeting Minutes 8.7.23 6 Luke Rose – Talked about the primary concern of health. People that live within 500 miles of the pit cannot grow crops etc. There has been a lack of communication regarding this topic. Sounded like a blueprint for best practices has been outlined but did not outline the health of those. Questionable of zoning ordinances in the history of the town. Sharon Lane- resident, also a realtor. Wanted to know if we should be digging more gravel pits, they are not economic development they are destruction and mention global warming. This should be for development. The county will get the fight of their lives if approved. Michelle Anstedt- resident, mom of 3, talked about being outside and concerned about the air. Stated that one of her children’s needs is a concern as well. The noble thing is to vote no and stand with them against the county. Mike Clark- a resident, and retired policeman, stated this was a bad deal, selling the land that will not allow any benefits for the city. Vote no. Jim Heary- a resident, would like the city council to uphold what they have been voted to do and stand with the Kelly Wagenor- the county stated that if it comes to the county for the people. Dawn R- resident, concerned about the health of the people coming here from Antioch is beyond words when it came to this pit, would have never moved here almost two years ago. Juan Q- a resident, from Chicago, moved here about two years ago. Normally to see this occur in Chicago when public parking was sold to a private company seemed like a good idea and then become a bad deal. What may look like a good deal will not look good ten years from now. Moved here stated that people would fight and want clean air and water. Hold yourself to a higher standard, you sever us. Gloria Vanhoff- County stated that they are ready for the fight on the county board, vote your concise. Kimberly Kolodzik – a resident of Dutch Creek Estates, stated that Jack Pease was not a good neighbor to her. Talked about the current state of the area and how things were left abandoned. Tom Floss- resident, of Wonder Lake for 35 years, lived in Volo for 7 years. Very familiar with the gravel industry in construction but has a construction background as well. Nothing against Jack Pease would like to talk about the West end, talked about dust and Meyer Material, and how they used to wet down the road and dust up to Valley View Road. Weigh the short-term gains for the long-term pain. 41 City of McHenry Council Meeting Minutes 8.7.23 7 Jack Pease- Aggregate- Wanted to respond to some acquisitions that were made and explained his stance on those. He also went over some of the benefits of having the gravel pit as well as talked about many of the concerns that the residents had from the public comments above. At 9:32 Mayor Jett close the Public Hearing portion of the meeting. B. Super Aggregates Mining – North of State Route 120 and East of Chapel Hill Road i. Motion to approve an Ordinance Authorizing The Execution Of An Annexation Agreement Between The City Of McHenry And Land Reserves, LLC Concerning 110 Acres Located North Of State Route 120 And East Of Chapel Hill Road. (Vote required for passage: 6 of 8 City Council members, including the Mayor) *Directory Polerecky amendments: Sections A – B add the word recycling asphalt concrete or related grinding activity. 7 add the language of the engineer. Alderwoman Bassi thanked the No Gravel Pit group regarding the work put into this. Wanted to know if there were anywhere from 50-100 trucks today. Have you had any conversation with Lakemoor, seems the trucks will be going East in their opinion. Jack Pease confirmed that there was no conversation. Alderman Santi thanked everyone for coming out and having a discussion regarding this. There is a control concern regarding this, as a whole, would much rather have the control as a smaller entity. Alderman McClatchey the biggest concerns stated the added traffic, and would like something nice to be their homes, ice rink, etc. A motion was made by Alderman Koch and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman Glab, Alderman Strach, Alderman Koch, Alderwoman Miller. 3-nays Alderman McClatchey, Alderwoman Bassi, Mayor Jett, 0-abstained. Motion denied. No public comment. *Clerks Note the following items were not voted on* Alderman Glab asked if withdrew he and will have to start over with the process. Attorney McArdle stated withdrawing is suggested at this time there is no agreement to move forward. 42 City of McHenry Council Meeting Minutes 8.7.23 8 Jack Pease, would like to keep intact the conditions and would like to move forward to withdrawal but would like to continue forward and bring those forward. A motion was made by Alderman Glab and seconded by Alderman Strach to approve the withdrawal of the following individual action items by Jack Pease – Super Aggregates due to the first motion being denied: Roll Call: Vote: 8-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. ii. Motion to approve an Ordinance Annexing To The City Of McHenry 110 Acres Located North Of State Route 120 And East Of Chapel Hill Road. (Vote required for passage: 5 of 8 City Council members, including the Mayor) iii. Motion to approve an Ordinance Granting Approval of a Preliminary and Final Plat of Subdivision of McHenry Lakes Business Park Subdivision in the City of McHenry, McHenry County, Illinois (Vote required for passage: 4 of 7 City Council members) iv. Motion to approve an Ordinance Granting A Zoning Map Amendment and Conditional Use Permit For Earth Extraction, Earth Materials Process Operations, Asphalt/Concrete Recycling Operations, And Outdoor Storage Associated With The Operation Of A Gravel Pit And Construction Of A Lake. (Vote required for passage: 4 of 7 City Council members) Public Comment: Laurie Martinez – 7 years ago moved to McHenry, went into the basement stated that the water was gushing through the basement, and found out that it was raw sewage. Called 911 and had the water shut off. Stated that there was a city sewer line that was clogged. Hired a professional to help clean. Many of the items that were damaged were mementos in boxes. Out $35,000 state many said it was the city’s fault. Needed to get the sewer line jetted. Started the jetting process and stated that the line was going to pieces. They also had to pay for the sewer line. Did go ahead and call the city because she wanted to have a meeting with the Mayor so she can explain, but the city has not been helpful. Attorney McArdle stated that the claim has been denied through the city insurance and stated that there is no liability. Mayor Jett stated that he would be happy to connect with the resident to talk further with her and the council. Staff Reports: D156 Thank you to McHenry West from Administrator Morefield, for allowing 43 City of McHenry Council Meeting Minutes 8.7.23 9 us to utilize the space and for all the help that was provided this evening. Many thanks as well from Mayor Jett to Aaron Grieves and Monte Johnson for their help tonight as well. Mayor’s Report: Mayor Jett spoke a bit about his vote and stated that many hours went into working with Super Aggregate, not as much as staff, but he had a gut feeling you have to go with your heart per his vote. City Council Comments: Alderwoman Bassi wanted to make sure that the noise volume was not as high regarding the Blues Brew and BBQ. Alderman McCathcey wanted to know about the Public Works Director. Stated that there will be an opening being posted tomorrow. Alderman Glab stated that talked with a resident regarding the barn and wanted to know about the plan regarding the use for the public and what the plans are regarding it. Would like to add this to an agenda. Alderman Santi had a tough decision tonight make your vote and move on together. Executive Session as needed: Not needed Adjourn: A motion was made by Alderman Santi and seconded by Alderman McClatchey to adjourn the meeting at 10:38. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel 44 City of McHenry Council Meeting Minutes 8.21.23 1 MINUTES REGULAR CITY COUNCIL MEETING Monday, August 21, 2023, 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, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller, and Mayor Jett. Others present Attorney McArdle, Administrator Morefield, 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, Field Operations Manager, Wirch, Deputy Clerk Johnson, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge Public Comment- Laurie Martinez- Resident, who spoke last meeting regarding the sewer backup and damage to the council, stood before the podium to express her concern again regarding the repair costs. Wanted to talk to someone from the council and ended up calling Alderman Santi, stating there was confusion about where the blockage of the damage was located. Mayor Jett stated that he would like to set up a meeting to discuss further with those on the council. Consent Agenda: Motion to Approve the following Consent Agenda Items as presented: A. Pass a Resolution formally adopting the new McHenry City Emergency Operations Plan dated August 1, 2023. (Police Chief Birk) B. Authorize the execution of a Biller Agreement with Invoice Cloud, Inc. for online payment processing for Utility Billing. (Finance Director Lynch) C. Authorization to waive the competitive bidding process instead of three written quotes and authorize the purchase of fifty-seven (57) ballistic helmets from Hard Head Veterans, in an amount not to exceed $28,414.50. (Police Chief Birk) D. Authorize the execution of a Lease Agreement for the South Harbor Piers, property, and buildings between the City of McHenry and All Marine Service, Inc. through October 31, 2024. (Parks and Recreation Director Hobson ). 45 City of McHenry Council Meeting Minutes 8.21.23 2 E. Authorize a First Amendment to the Amended Economic Incentive Agreement between the City of McHenry and 1325 Riverside, Inc. dba Whiskey Diablo to extend the terms until February 28, 2024. (Economic Development Director Martin ) F. Approve an Ordinance adding three (3) new restricted roads to Title 7, Chapter 8 and approving new language under Title 7, Chapter 8, Section 3: Penalty and under Title 15, Chapter 1, setting the fine at $750.00. (Police Chief Birk) G. Approve the closure of the alley west of Riverside Drive on Sunday, September 10 th, from 11:00 a.m. until 7:00 p.m. for the American Legion “Party Out Back” event. (Deputy City Clerk Johnson) H. Approve a Special Use Permit to allow food trucks, vendor tents, and live music at 1202 Riverside Drive (Miller Point Park) on September 17th from 4 pm to 10 pm; to allow alcohol in the park outside of the designated areas adjacent to All Marine Retro Rentals on September 17th from 4 pm to 10 pm; and to allow an approximate 10 -minute fireworks display at 9:45 pm for the “Light the Night” event. (Parks and Recreation Director Hobson) I. Approve a Special Use Permit to allow multiple tents at 1202 Riverside Drive (Miller Point Park) with live music on October 7th from 3 pm to 7 pm and to allow alcohol in the park outside of the designated areas adjacent to All Marine Retro Rentals on October 7th from 3 pm to 8 pm for the “Full Moon Market” event. (Parks and Recreation Director Hobson) J. Reject all submitted bids for the McHenry County Sheriff Marine Unit Building at Miller Riverfront Park, updated engineering, and rebid the project for future City Council consideration. (Parks and Recreation Director Hobson) L. Issuance of Checks in the amount of $683,776.86; M. As Needed Checks in the amount of $165,415.00. *Clerks note- these items were approved along with the amended change of the date for Item H. to September 16th instead of the 17th, per Director Hobson. Alderman Glab had asked if there is insurance for the fireworks company/show, It was confirmed by Director Hobson that there is proof of insurance shown and there is a signed contract as well. A motion was made by Alderman McClatchey and seconded by Alde rman Santi t o approve the Consent Agenda Item as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. 46 City of McHenry Council Meeting Minutes 8.21.23 3 *Clerks note- Consent Agenda item pulled by Alderwoman Bassi. K. August 7, 2023, City Council Meeting Minutes; Alderwoman Bassi corrected to minutes stating that she had wanted to acknowledge how organized and the hard work of the gravel pit group was. This was changed in the minutes from that evening as well. A motion was made by Alderwoman Bassi and seconded by Alderman Santi to approve the Consent Agenda Item as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Individual Action Item Agenda A. Class A Liquor License – Lighthouse Wines, 1402 Riverside Drive, Unit 101 Motion to approve a Class A Liquor License to Lighthouse Wines, located at 1402 Riverside Drive, Unit 101, and, if approved, pass an Ordinance Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, Limitation on Number of Licenses. (Deputy City Clerk Johnson) Alderman Santi wanted to know the location and it was confirmed it is in the basement of the building. Alderman McClatchey stated that it is in a good location. The wine will be manufactured there and then it will be poured at different events. Wine classes will be there as well. The first registered winery uses local fruits. Cherry, apple, blueberry, muskmelon wine. The petitioners were at the meeting and passed around the label for their winery so the council could see what the branding looked like. A motion was made by Alderman Santi and seconded by Alderman McClatchey t o approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-abstained. Motion approved. No public comment. B. Class C Liquor License – Ami Hotels, LLC dba Hampton Inn, 1555 S. Illinois Route 31.Motion to approve a Class C Liquor License to Ami Hotels, LLC dba Hampton Inn, located at 1555 S. Illinois Route 31 and, if approved, pass an Ordinance Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses. (Deputy City Clerk Johnson) 47 City of McHenry Council Meeting Minutes 8.21.23 4 A motion was made by Alderwoman Miller and seconded by Alderman Glab to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion approved. No public comment. C. Commercial Tenant Incentive Grant – Rita’s Italian Ice and Custard, 3319 W. Elm Street Motion to approve a Commercial Tenant Incentive Grant in the amount of $10,000 for Rita’s Italian Ice and Custard, located at 3319 W. Elm Street . (Economic Development Director Martin) The reason for the grant would be to help pay for the purchase of equipment, ice custard machine, batch freezer, and other pieces, paid out after the first of the year. Alderman Santi stated the outside looks beautiful and will be going in soon, looks great, and I wish you the best of luck. Alderman Glab asked who owns the building and it was confirmed that the petitioner. A motion was made by Alderman Santi and seconded by Alderman Koch to approve Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller.1-nay, Alderman Glab, 0-abstained. Motion approved. No public comment. D. Vacant Building Incentive Program Request – Delight Enterprises, LLC, 3319 W. Elm Street Motion to approve a Vacant Building Incentive Program Agreement and direct staff to draft an Ordinance approving a tax abatement on the increase in taxes for five years, following the issuance of a certificate of occupancy and for all approving taxing bodies for the property at 3319 W. Elm Street. (Economic Development Director Martin) This program was approved by the council last February. Alderman Glab stated that any of those taxes would go to the TIF. Attorney McArdle stated that there is no tax they will be abated. Will we need to change the motion, per Alderman Glab ? This discussion went on for some time. *Clerks note: The first motion by Alderwoman Miller and the second by Alderman Santi were withdrawn due to the changes in the motion. The new motion reads a Motion to approve a 48 City of McHenry Council Meeting Minutes 8.21.23 5 Vacant Building Incentive Program Agreement implemented by the city staff, credi ting the property owner with a rebate of any increases after the 2022 year out of the TIF Fund. A motion was made by Alderman Santi and seconded by Alderwoman Miler to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion approved. No public comment. E. Revocable and Non-Exclusive License Agreement Motion to pass an Ordinance authorizing the Mayor’s execution of a Revocable and Non-Exclusive License Agreement between the City of McHenry and 3918 Main, LLC , and Kusniewski Holdings, LLC . (Economic Development Director Martin) Alderman Glab wanted to know what would happen if the business closed, it was confirmed the agreement would be terminated. There is no bond in the agreement but insurance is required. A motion was made by Alderwoman Miller and seconded by Alderwoman Bassi t o approve Individual Agenda Items as presented: Roll Call: Vote:5-ayes: Alderman Santi, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderwoman Miller. 2-nays- Alderman Glab, Alderman Koch, 0-abstained. Motion approved. No public comment. F. Amendments to the Façade Grant Program Motion to adopt recommended amendments to the McHenry Façade Grant Program based on input from the June 19, 2023, City Council Meeting. (Economic Development Director Martin) Alderman Glab feels that it should be a $1 made for every $2 made, and would like to see us put in less than the owner. Alderman Santi is comfortable with the ratio. Alderwoman Miller asked how much was left and it starts over again next year. We may be able to have one more grant. Alderman Glab wanted to know if the property owner has to apply, it was confirmed. A motion was made by Alderman McClatchey and seconded by Alderwoman Miller t o approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion approved. No public comment. 49 City of McHenry Council Meeting Minutes 8.21.23 6 G. Economic Incentive Agreement with Graham Enterprise, Inc. Motion to pass an Ordinance authorizing the Mayor’s execution of an Economic Incentive Agreement between the City of McHenry and Graham Enterprise, Inc . in the form of a 50% sales tax rebate not to exceed a total of $500,000 or 10 y ears, whichever comes first. (Economic Development Director Martin) Alderwoman Bassi wanted to confirm if this is for the Ringwood location only, that was confirmed. Alderman Santi asked the petitioner, Mr. Grahm to explain further the expense involved. Alderman McClatchey asked when they would be opening before the snowfall would be the suggested time, the location is perfect. Alderman Strach wanted to know if it would be a Trio, it was confirmed. Alderman Glab asked Attorney McArdle if the site had to be built by a certain date, it was sub- section 3D. Also page 231 there was further explanation. Mayor Jett spoke about the importance of this and working with Mr. Grahm. Alderman Glab and Alderwoman Bassi were reluctant but did vote in favor. A motion was made by Alderman Koch and seconded by Alderman McClatchey t o approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion approved. No public comment. Discussion Item Agenda A. Public Works Operations Policy Discussion Regarding Draft Snow and Ice Control and Sidewalk Maintenance. (Field Operations Manager Wirch) Three big things have changed, the routing, and the way the approach happens, they make a plan before the event instead of waiting until dispatch, and the cul-de-sac waits until the storm is over and then work those. Alderwoman Miller wanted to know what tools are used referenced it should be two, her copy had said three. Alderman Glab thinks we need to go out and find more revenue regarding the sidewalk repairs, to help maintain the public property that is already existing. We should be working for our residents and making our city more beautiful, This needs to be maintained better, and the city needs to set an example. Filed Operations Manager Wirch talked about the plan to work on those changes. Administrator Morefield wanted to recall if there was a line item on a sidewalk replacement, there was one but it was voted to be taken out per Manager Wirch. 50 City of McHenry Council Meeting Minutes 8.21.23 7 Alderwoman Miller asked about the survey, They were on foot and flagged any issues that were found, over a thousand were flagged per Manager Wirch. The supervisors did go out and look over those as well. Mayor Jett agrees that there needs to be a plan to help with the sidewalk improvements as well. This discussion went on for some time. Staff Reports: Administrator Morefield’s next meeting is a Tuesday, please let him know of any absences that cannot be done remotely for the meetings. Mayor’s Report: Mayor Jett would like to know where the RiseUp money could go he asked everyone to email him the ideas. City Council Comments: Alderman Strach asked further questions, about jacking regarding the sidewalk repairs, he spoke about past experiences and how this could help the city save further money with repairs. Alderwoman Miller was asked if we could coordinate with the assessor town hall, and it will be occurring on September 12th. Alderwoman Bassi asked to host a town hall meeting with constituents that same day. Pearl Street market is canceled for Thursday, it will now be the 24 th per Alderman McClatchey. Alderman Glab stated that he is happy that Alderwoman Miller is hosting the meetings up to the council chambers, per above. He also asked if he could get a list of all the economic offers that we have and a breakdown of how the requests were fulfilled from 2022 and 2023 to compare. Alderwoman Miller stated that the Bands Brews and BBQ did a great job than ks to all who supported the event. Executive Session: A motion was made by Alderman Strach seconded by Alderman Santi to adjourn to Executive Session at 8:33 p.m. to 5 ILCS 120/2(c)(11) Litigation. Mayor Jett reconvened the meeting from the Executive Session at 8:46 p.m. A motion was made by Alderman Glab and seconded by Alderwoman Bassi to return to an open session. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwo man Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0- abstained. Motion carried. 51 City of McHenry Council Meeting Minutes 8.21.23 8 Adjourn: A motion was made by Alderman Strach and seconded by Alderman Santi to adjourn the meeting at 8:46. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach , Alderman Koch, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel 52 Expense Approval Register McHenry, IL List of Bills Council Meeting ‐ 9‐5‐23 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ALBERT, LOU ALBERT, LOU 8‐28‐223 09/05/2023 CITY BAND 210‐00‐5110 340.00 Vendor ALBERT, LOU Total: 340.00 Vendor: ANDERSON, BRIAN ANDERSON, BRIAN 8‐28‐23 09/05/2023 CITY BAND 2023 210‐00‐5110 425.00 Vendor ANDERSON, BRIAN Total: 425.00 Vendor: ARCHER, GREG ARCHER, GREG 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 85.00 Vendor ARCHER, GREG Total: 85.00 Vendor: BAKER & SON CO, PETER BAKER & SON CO, PETER 42890 08/30/2023 SFC 100‐33‐6110 913.50 BAKER & SON CO, PETER 43141 09/05/2023 SFC 100‐33‐6110 116.58 Vendor BAKER & SON CO, PETER Total: 1,030.08 Vendor: BARCLAY, TIM BARCLAY, TIM 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 410.00 Vendor BARCLAY, TIM Total: 410.00 Vendor: BROWN, ADAM BROWN, ADAM 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 85.00 Vendor BROWN, ADAM Total: 85.00 Vendor: CHILDRESS, DAVID CHILDRESS, DAVID 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 425.00 Vendor CHILDRESS, DAVID Total: 425.00 Vendor: CHRISTOPHER B BURKE ENGINEERING, LTD CHRISTOPHER B BURKE 185593 09/05/2023 MAIN ST P LOT REHAB 100‐01‐8900 1,373.00 Vendor CHRISTOPHER B BURKE ENGINEERING, LTD Total: 1,373.00 Vendor: CRYSTAL CLEAR MUSIC PRODUCTIONS CRYSTAL CLEAR MUSIC 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 725.00 CRYSTAL CLEAR MUSIC 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 425.00 Vendor CRYSTAL CLEAR MUSIC PRODUCTIONS Total: 1,150.00 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 28135 09/05/2023 N50 100‐33‐6110 696.62 CURRAN CONTRACTING 28202 09/05/2023 N50 SFC 100‐33‐6110 32.94 Vendor CURRAN CONTRACTING COMPANY Total: 729.56 Vendor: DRAGEN, JACOB DRAGEN, JACOB 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 85.00 Vendor DRAGEN, JACOB Total: 85.00 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN00621904 09/05/2023 MTHLY MAINT 7/16‐8/15/23 225‐00‐5110 3,132.00 Vendor FOX VALLEY FIRE & SAFETY Total: 3,132.00 Vendor: FREUND, MICHAEL R FREUND, MICHAEL R 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 255.00 Vendor FREUND, MICHAEL R Total: 255.00 Vendor: GEGER, AGUSTUS GEGER, AGUSTUS 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 85.00 Vendor GEGER, AGUSTUS Total: 85.00 Vendor: GRAEFFO, ANTHONY GRAEFFO, ANTHONY 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 425.00 Vendor GRAEFFO, ANTHONY Total: 425.00 8/30/2023 1:28:06 PM 53 Expense Approval Register Packet: APPKT02774 ‐ 9‐5‐23 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: GUYNES, TERRY GUYNES, TERRY 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 425.00 Vendor GUYNES, TERRY Total: 425.00 Vendor: HLR HLR 20231889 09/05/2023 DARTMOOR DR RESURF PH III 100‐33‐5300 4,230.50 Vendor HLR Total: 4,230.50 Vendor: HOLTZ, TED HOLTZ, TED 8‐28‐223 09/05/2023 CITY BAND 210‐00‐5110 340.00 Vendor HOLTZ, TED Total: 340.00 Vendor: HRGREEN HRGREEN 4‐166274 09/05/2023 GREEN ST SFC 270‐00‐8600 13,876.28 Vendor HRGREEN Total: 13,876.28 Vendor: KNAUF, MICHAEL J KNAUF, MICHAEL J 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 355.00 Vendor KNAUF, MICHAEL J Total: 355.00 Vendor: LEGG, DANA L LEGG, DANA L 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 340.00 Vendor LEGG, DANA L Total: 340.00 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW 8‐21‐23 09/05/2023 AUGUST TRAFFIC 100‐01‐5230 4,000.00 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: 4,000.00 Vendor: MCHENRY COUNTY COLLECTOR MCHENRY COUNTY COLLECTOR INV0014983 09/05/2023 2023 PROPERTY TAXES FOR 100‐01‐5110 9,043.39 MCHENRY COUNTY COLLECTOR INV0014983 09/05/2023 2023 PROPERTY TAXES FOR 280‐41‐6940 5,315.38 MCHENRY COUNTY COLLECTOR INV0014984 09/05/2023 2023 TAXES FOR 2022 590‐00‐6940 406.15 MCHENRY COUNTY COLLECTOR INV0014984 09/05/2023 2023 TAXES FOR 2022 590‐00‐6940 13,398.94 Vendor MCHENRY COUNTY COLLECTOR Total: 28,163.86 Vendor: MUNICIPAL COLLECTION SERVICES INC MUNICIPAL COLLECTION 024584 09/05/2023 COLL 100‐04‐5110 320.00 MUNICIPAL COLLECTION 024810 09/05/2023 NO 122 100‐04‐5110 83.49 MUNICIPAL COLLECTION 024811 09/05/2023 NO 123 100‐04‐5110 181.94 Vendor MUNICIPAL COLLECTION SERVICES INC Total: 585.43 Vendor: NICOR GAS NICOR GAS INV0014985 09/05/2023 UTIL 100‐42‐5510 513.58 NICOR GAS INV0014985 09/05/2023 UTIL 100‐43‐5510 54.36 NICOR GAS INV0014985 09/05/2023 UTIL 100‐45‐5510 135.23 NICOR GAS INV0014985 09/05/2023 UTIL 100‐46‐5510 27.18 NICOR GAS INV0014985 09/05/2023 UTIL 400‐00‐5510 474.88 NICOR GAS INV0014986 09/05/2023 UTIL 510‐31‐5510 295.56 NICOR GAS INV0014986 09/05/2023 UTIL 510‐32‐5510 1,660.29 Vendor NICOR GAS Total: 3,161.08 Vendor: OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD OTTOSEN DINOLFO 157182 09/05/2023 LABOR 100‐01‐5230 216.00 Vendor OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD Total: 216.00 Vendor: PLOHR, MATTHEW PLOHR, MATTHEW 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 340.00 Vendor PLOHR, MATTHEW Total: 340.00 Vendor: ROBINSON ENGINEERING LTD ROBINSON ENGINEERING LTD 23080075 09/05/2023 WELL NO 14 580‐31‐8500 5,600.00 ROBINSON ENGINEERING LTD 23080076 09/05/2023 N RIVERSIDE DR P LOT 100‐01‐8900 12,659.00 ROBINSON ENGINEERING LTD 23080078 09/05/2023 MCH WATER TOWER 4 PH I,II & 510‐31‐8500 4,178.75 Vendor ROBINSON ENGINEERING LTD Total: 22,437.75 Vendor: RUFF, KENDALL RUFF, KENDALL 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 85.00 Vendor RUFF, KENDALL Total: 85.00 8/30/2023 1:28:06 PM 54 Expense Approval Register Packet: APPKT02774 ‐ 9‐5‐23 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: SMARZEWSKI, JOHN SMARZEWSKI, JOHN 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 425.00 Vendor SMARZEWSKI, JOHN Total: 425.00 Vendor: SORLIE, MARK SORLIE, MARK 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 425.00 Vendor SORLIE, MARK Total: 425.00 Vendor: SOROCK, JOHN SOROCK, JOHN 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 425.00 Vendor SOROCK, JOHN Total: 425.00 Vendor: STORER, MICHAEL STORER, MICHAEL 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 425.00 Vendor STORER, MICHAEL Total: 425.00 Vendor: THOMS, LOU THOMS, LOU 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 170.00 Vendor THOMS, LOU Total: 170.00 Vendor: TIPPS, BRIAN TIPPS, BRIAN 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 85.00 Vendor TIPPS, BRIAN Total: 85.00 Vendor: TIPPS, GREGORY P TIPPS, GREGORY P 8‐28‐23 09/05/2023 CITY BAND 210‐00‐5110 425.00 Vendor TIPPS, GREGORY P Total: 425.00 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 508930633 09/05/2023 PW COPIER 620‐00‐5110 336.21 Vendor US BANK EQUIPMENT FINANCE Total: 336.21 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 163234 09/05/2023 CORP 100‐01‐5230 8,985.00 ZUKOWSKI ROGERS FLOOD & 163235 09/05/2023 TRAFFIC 100‐01‐5230 4,337.66 ZUKOWSKI ROGERS FLOOD & 163236 09/05/2023 JACK PEASE 100‐01‐5230 7,467.50 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 20,790.16 Grand Total: 112,096.91 8/30/2023 1:28:06 PM 55 Expense Approval Register Packet: APPKT02774 ‐ 9‐5‐23 AP CKS Fund Summary Fund Expense Amount 100 ‐ GENERAL FUND 55,387.47 210 ‐ BAND FUND 8,035.00 225 ‐ ALARM BOARD FUND 3,132.00 270 ‐ MOTOR FUEL TAX FUND 13,876.28 280 ‐ DEVELOPER DONATION FUND 5,315.38 400 ‐ RECREATION CENTER FUND 474.88 510 ‐ WATER/SEWER FUND 6,134.60 580 ‐ UTILITY IMPROVEMENTS FUND 5,600.00 590 ‐ MARINA OPERATIONS FUND 13,805.09 620 ‐ INFORMATION TECHNOLOGY FUND 336.21 Grand Total: 112,096.91 56 Expense Approval Register McHenry, IL #2 List of Bills Council Meeting ‐ 9‐5‐23 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: 5 STAR SPORTS ACADEMY INC 5 STAR SPORTS ACADEMY INC 1223‐482 09/05/2023 Session 4 Invoice 100‐47‐5110 2,352.00 Vendor 5 STAR SPORTS ACADEMY INC Total: 2,352.00 Vendor: A‐ABLE ALARM SERVICE INC A‐ABLE ALARM SERVICE INC 69671 09/05/2023 shop supplies 100‐45‐5110 261.00 Vendor A‐ABLE ALARM SERVICE INC Total: 261.00 Vendor: AHW, LLC AHW, LLC 11692182 09/05/2023 Gator Door Handle INV# 510‐32‐5370 143.52 Vendor AHW, LLC Total: 143.52 Vendor: AMERICAN LITHO AMERICAN LITHO 259532‐01 09/05/2023 Brochure ‐ Fall Printing 100‐41‐5330 4,031.00 Vendor AMERICAN LITHO Total: 4,031.00 Vendor: APCO INTERNATIONAL INC APCO INTERNATIONAL INC 1016369 09/05/2023 CTO Re‐Certification ‐ K. 100‐23‐5430 30.00 APCO INTERNATIONAL INC 1016390 09/05/2023 CTO Re‐Certification ‐ Allen 100‐23‐5430 30.00 APCO INTERNATIONAL INC 1016460 09/05/2023 CTO Re‐Certification ‐ Leibach 100‐23‐5430 30.00 Vendor APCO INTERNATIONAL INC Total: 90.00 Vendor: AQUA PURE ENTERPRISES INC AQUA PURE ENTERPRISES INC 0144840‐IN 09/05/2023 Gate Valve 100‐42‐6110 52.00 AQUA PURE ENTERPRISES INC 0144888‐IN 09/05/2023 CHlorine 100‐42‐6110 3,872.11 AQUA PURE ENTERPRISES INC 0145661‐IN 09/05/2023 Shock 100‐42‐6110 5,317.42 AQUA PURE ENTERPRISES INC 0145665‐IN 09/05/2023 Chlorine 100‐42‐6110 2,408.85 Vendor AQUA PURE ENTERPRISES INC Total: 11,650.38 Vendor: ARAMARK REFRESHMENT SERVICES LLC ARAMARK REFRESHMENT 06924590 09/05/2023 Coffee Order #06924590 100‐01‐6110 306.75 Vendor ARAMARK REFRESHMENT SERVICES LLC Total: 306.75 Vendor: AT&T AT&T 0272391807 09/05/2023 AT&T Monthly Phone Invoice 620‐00‐5320 708.69 AT&T 5265351800 09/05/2023 AT&T Fiber Internet 100M 620‐00‐5110 821.90 AT&T 8598341803 09/05/2023 Voice Over IP ‐ IP‐Flex 620‐00‐5320 379.18 Vendor AT&T Total: 1,909.77 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC INV081568 09/04/2023 320 081568 100‐22‐5370 679.84 AUTO TECH CENTERS INC 81781 09/05/2023 465 (81781) 100‐33‐5370 288.96 AUTO TECH CENTERS INC INV081709 09/05/2023 319 (81709) 100‐22‐5370 679.84 Vendor AUTO TECH CENTERS INC Total: 1,648.64 Vendor: BADGER METER INC BADGER METER INC 80131888 09/05/2023 Badger Monthly June 23 510‐31‐6110 480.77 BADGER METER INC 80134581 09/05/2023 Badger monthly July '23 510‐31‐6110 481.65 Vendor BADGER METER INC Total: 962.42 Vendor: BEARING HEADQUARTERS COMPANY BEARING HEADQUARTERS INV#5910090 09/05/2023 Couplings INV# 5910090 510‐32‐5375 1,969.26 BEARING HEADQUARTERS INV#5916801 09/05/2023 Thermal Fluid Pump Couplings 510‐32‐5375 187.95 Vendor BEARING HEADQUARTERS COMPANY Total: 2,157.21 Vendor: BERKHEIMER CO INC, G W BERKHEIMER CO INC, G W INV#7449978 09/05/2023 UV Building INV# 7449978 510‐32‐5375 197.04 Vendor BERKHEIMER CO INC, G W Total: 197.04 Vendor: BOONE CREEK CROSSING, LLC BOONE CREEK CROSSING, LLC INV0014987 09/05/2023 2022 TIF INCREMENT REIMB ‐ 290‐00‐6940 3,592.88 Vendor BOONE CREEK CROSSING, LLC Total: 3,592.88 8/30/2023 1:29:14 PM 57 Expense Approval Register Packet: APPKT02779 ‐ 9‐5‐23 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 68265 09/05/2023 Shop Trash Can Liners #68265 100‐33‐6115 164.64 CABAY & COMPANY INC 68321 09/05/2023 custodial supplies 400‐00‐6111 194.66 CABAY & COMPANY INC 68321 09/05/2023 custodial supplies 400‐40‐6110 198.26 CABAY & COMPANY INC 68338 09/05/2023 Shop All Purpose Wipes #68338 100‐33‐6115 168.64 Vendor CABAY & COMPANY INC Total: 726.20 Vendor: CARDIO PARTNERS INC CARDIO PARTNERS INC INV3238815 09/05/2023 AED Pediatric Padz II 620‐00‐6270 231.61 Vendor CARDIO PARTNERS INC Total: 231.61 Vendor: CASEBOOK PBC CASEBOOK PBC 2171 09/05/2023 Casebook Growth Software & 620‐00‐5110 793.00 Vendor CASEBOOK PBC Total: 793.00 Vendor: CONDUENT HR SERVICES LLC CONDUENT HR SERVICES LLC 1692080 09/05/2023 JULY HSA MAINT FEE 600‐00‐6960 76.50 Vendor CONDUENT HR SERVICES LLC Total: 76.50 Vendor: CONSERV FS CONSERV FS 65161620 09/05/2023 Sportsfield Supplies 100‐45‐6110 454.87 Vendor CONSERV FS Total: 454.87 Vendor: CRITICAL TECHNOLOGY SOLUTIONS CRITICAL TECHNOLOGY 3224436 09/05/2023 Axis Camera Mounts 620‐00‐8300 628.52 Vendor CRITICAL TECHNOLOGY SOLUTIONS Total: 628.52 Vendor: CUTTING EDGE COMMUNICATIONS INC CUTTING EDGE 200763 09/05/2023 Miller Point Low Voltage Wiring 620‐00‐8300 3,670.00 Vendor CUTTING EDGE COMMUNICATIONS INC Total: 3,670.00 Vendor: DLT SOLUTIONS, LLC DLT SOLUTIONS, LLC Q5189010 09/05/2023 AutoCAD LT Government 620‐00‐6110 427.30 Vendor DLT SOLUTIONS, LLC Total: 427.30 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS INV#I248866 09/05/2023 Anne St Lift‐Pump Wash, Test 510‐32‐5380 255.00 DREISILKER ELECTRIC MOTORS INV#I249307 09/05/2023 Willow Lift INV# I249307 510‐32‐5380 290.00 Vendor DREISILKER ELECTRIC MOTORS INC Total: 545.00 Vendor: DURA WAX COMPANY INC, THE DURA WAX COMPANY INC, THE 424312 09/05/2023 Cleaning Supplies 100‐45‐6110 278.48 Vendor DURA WAX COMPANY INC, THE Total: 278.48 Vendor: ED'S RENTAL & SALES INC ED'S RENTAL & SALES INC 394021‐2 09/05/2023 Recreation Center: 400‐00‐5110 585.00 Vendor ED'S RENTAL & SALES INC Total: 585.00 Vendor: ELECTRONIC ENTRY SYSTEMS INC ELECTRONIC ENTRY SYSTEMS 2023/09006 09/05/2023 Dog Park Passes 100‐41‐6110 1,795.00 Vendor ELECTRONIC ENTRY SYSTEMS INC Total: 1,795.00 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 20739 09/05/2023 Concrete ‐ Road Program ADAs 100‐33‐6110 679.13 FISCHER BROS FRESH 20740 09/05/2023 Concrete ‐ Road Program ADAs 100‐33‐6110 726.25 FISCHER BROS FRESH 20748 09/05/2023 Concrete for Road Program 100‐33‐6110 1,043.25 FISCHER BROS FRESH 20795 09/05/2023 Concrete for Road Program 100‐33‐6110 949.00 FISCHER BROS FRESH 20800 09/05/2023 Concrete for Road Program 100‐33‐6110 889.75 Vendor FISCHER BROS FRESH Total: 4,287.38 Vendor: FOUNTAIN PEOPLE, INC FOUNTAIN PEOPLE, INC 0080444‐IN 09/05/2023 Spray Pad at Miller Point 100‐01‐8900 48,575.80 Vendor FOUNTAIN PEOPLE, INC Total: 48,575.80 Vendor: GORDON FLESCH COMPANY INC, GORDON FLESCH COMPANY IN14327342 09/05/2023 PW Plotter Toner Cartridges ‐ 620‐00‐6210 70.00 GORDON FLESCH COMPANY IN14327342 09/05/2023 PW Plotter Toner Cartridges ‐ 620‐00‐6210 70.00 Vendor GORDON FLESCH COMPANY INC, Total: 140.00 8/30/2023 1:29:14 PM 58 Expense Approval Register Packet: APPKT02779 ‐ 9‐5‐23 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: GREAT LAKES FIRE & SAFETY EQUIPMENT CO GREAT LAKES FIRE & SAFETY 13554 09/05/2023 Great Lake Sample hydrant 510‐31‐6110 397.59 Vendor GREAT LAKES FIRE & SAFETY EQUIPMENT CO Total: 397.59 Vendor: HANSEN'S ALIGNMENT, DON HANSEN'S ALIGNMENT, DON 5478 09/05/2023 317 (5478) 100‐22‐5370 100.00 Vendor HANSEN'S ALIGNMENT, DON Total: 100.00 Vendor: HAWKINS INC HAWKINS INC 6499367 09/05/2023 Hawkins Demurrage 510‐31‐6110 10.00 HAWKINS INC 6552068 09/05/2023 Hawkins Demurrage 510‐31‐6110 10.00 Vendor HAWKINS INC Total: 20.00 Vendor: HEARTLAND BUSINESS SYSTEMS, LLC HEARTLAND BUSINESS 626389‐H 09/05/2023 Microsoft Monthly M365 620‐00‐5110 4,372.50 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total: 4,372.50 Vendor: HEARTLAND COMPUTERS, INC HEARTLAND COMPUTERS, INC 89210 09/05/2023 Squad Car Printers ‐ Zebra 620‐00‐8300 5,225.00 HEARTLAND COMPUTERS, INC 89515 09/05/2023 D15 SRO Printers ‐ Zebra ZQ521 620‐00‐6270 1,952.00 Vendor HEARTLAND COMPUTERS, INC Total: 7,177.00 Vendor: HEY AND ASSOCIATES INC HEY AND ASSOCIATES INC 23‐0034‐17059 09/05/2023 Miller Boatlaunch Wetland 100‐33‐5110 416.25 HEY AND ASSOCIATES INC 23‐0228‐17062 09/05/2023 Meadow Lane Wetland Consult 100‐33‐5110 707.90 Vendor HEY AND ASSOCIATES INC Total: 1,124.15 Vendor: HOLCIM‐MAMR, INC HOLCIM‐MAMR, INC 750076951 W 09/05/2023 2022 Virgin Grade 9 510‐31‐6110 3,785.59 HOLCIM‐MAMR, INC 750076951 09/05/2023 2022 Virgin Grade 9 100‐33‐6110 3,785.60 Vendor HOLCIM‐MAMR, INC Total: 7,571.19 Vendor: ILLINOIS ASSOC OF CHIEFS OF POLICE ILLINOIS ASSOC OF CHIEFS OF 13527 09/05/2023 Safe‐T‐Act Training ‐ Birk 100‐22‐5430 20.00 ILLINOIS ASSOC OF CHIEFS OF 13534 09/05/2023 Safe‐T‐Act Training ‐ Walsh 100‐22‐5430 20.00 Vendor ILLINOIS ASSOC OF CHIEFS OF POLICE Total: 40.00 Vendor: IN‐PIPE TECHNOLOGY COMPANY INC IN‐PIPE TECHNOLOGY 2381 09/05/2023 Monthly Invoice # 2381 510‐32‐5110 8,525.00 Vendor IN‐PIPE TECHNOLOGY COMPANY INC Total: 8,525.00 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 3033661292 09/05/2023 408 (3033661292) 100‐33‐5370 105.00 INTERSTATE BILLING SERVICE 3033744723 09/05/2023 408 (3033744723) 100‐33‐5370 360.00 INTERSTATE BILLING SERVICE 3033754169 09/05/2023 408 (3033754169) 100‐33‐5370 582.08 INTERSTATE BILLING SERVICE 3033765238 09/05/2023 802 (3033765238) 510‐35‐5370 107.80 INTERSTATE BILLING SERVICE 3033812116 09/05/2023 408 (3033812116) 100‐33‐5370 500.00 Vendor INTERSTATE BILLING SERVICE INC Total: 1,654.88 Vendor: JG UNIFORMS INC JG UNIFORMS INC 119392 09/05/2023 Body Armor ‐ McKeen 100‐22‐6270 930.49 JG UNIFORMS INC 119547 09/05/2023 Vest Cover ‐ Klasek 100‐22‐4510 198.00 JG UNIFORMS INC 119548 09/05/2023 Vest Cover ‐ Lopez 100‐22‐4510 198.00 Vendor JG UNIFORMS INC Total: 1,326.49 Vendor: JONES TRAVEL & TOUR JONES TRAVEL & TOUR 114242 09/05/2023 Trip ‐ Chicago Bus 100‐46‐5110 1,350.00 JONES TRAVEL & TOUR 115048 09/05/2023 Trip ‐ Chicago Bus 100‐46‐5110 1,095.00 Vendor JONES TRAVEL & TOUR Total: 2,445.00 Vendor: KIESLER'S POLICE SUPPLY INC KIESLER'S POLICE SUPPLY INC IN221519 09/05/2023 Glock 19 100‐22‐8300 1,257.00 Vendor KIESLER'S POLICE SUPPLY INC Total: 1,257.00 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 101324936 09/05/2023 kimball stock (101324936) 510‐35‐5370 241.34 KIMBALL MIDWEST 101344255 09/05/2023 kimball stock(101344255) 100‐33‐5370 249.34 KIMBALL MIDWEST 101369890 09/05/2023 kimball stock (101369890) 100‐33‐5370 291.65 Vendor KIMBALL MIDWEST Total: 782.33 8/30/2023 1:29:14 PM 59 Expense Approval Register Packet: APPKT02779 ‐ 9‐5‐23 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: KRAFT POWER CORPORATION KRAFT POWER CORPORATION INV106810 09/05/2023 Lift Station Generator Parts 510‐32‐5380 3,024.78 KRAFT POWER CORPORATION PS‐INV107753 09/05/2023 Lift Station Generator Parts 510‐32‐5380 5,701.18 Vendor KRAFT POWER CORPORATION Total: 8,725.96 Vendor: MAGIC OF GARY KANTOR MAGIC OF GARY KANTOR 7‐19‐23 09/05/2023 Cont ‐ Magic Class 100‐46‐5110 92.40 Vendor MAGIC OF GARY KANTOR Total: 92.40 Vendor: MAPLE CONSTRUCTION INC MAPLE CONSTRUCTION INC 7830 09/05/2023 Water Service Line Bore to 510‐31‐6110 5,500.00 Vendor MAPLE CONSTRUCTION INC Total: 5,500.00 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC P44993 09/05/2023 Rebar for Concrete #P44993 100‐33‐6110 428.00 Vendor MCCANN INDUSTRIES INC Total: 428.00 Vendor: MCMASTER‐CARR SUPPLY CO MCMASTER‐CARR SUPPLY CO INV#12398606 09/05/2023 Disassembly Hardware Lift 510‐32‐5380 307.45 MCMASTER‐CARR SUPPLY CO INV#12613250 09/05/2023 Lift Station pump lifting eye 510‐32‐5380 89.39 Vendor MCMASTER‐CARR SUPPLY CO Total: 396.84 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 262697W 09/05/2023 3/4" Copper and Stiffner 510‐31‐6110 40.87 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 40.87 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS 228115 09/05/2023 2.5 Hydrant adt,2" cam lock 100‐33‐6110 134.29 MIDWEST HOSE AND FITTINGS 228484 09/05/2023 817 228484 510‐35‐5370 117.42 MIDWEST HOSE AND FITTINGS 228520 09/05/2023 Shop supplies 100‐45‐6110 19.99 Vendor MIDWEST HOSE AND FITTINGS INC Total: 271.70 Vendor: MOBILE HEALTH SOLUTIONS CORP MOBILE HEALTH SOLUTIONS 29560 09/05/2023 Post Accident Drug/Alcohol 610‐00‐6940 505.00 Vendor MOBILE HEALTH SOLUTIONS CORP Total: 505.00 Vendor: MULCH CENTER, THE MULCH CENTER, THE 373546 09/05/2023 Landscpape Supplies 100‐45‐6110 246.00 Vendor MULCH CENTER, THE Total: 246.00 Vendor: NORTH EAST MULTI‐REGIONAL TRAINING INC NORTH EAST MULTI‐REGIONAL 332328 09/05/2023 Search & Seizure Training ‐ 100‐22‐5430 100.00 NORTH EAST MULTI‐REGIONAL 332822 09/05/2023 Tactical Trauma Training ‐ 100‐22‐5430 125.00 Vendor NORTH EAST MULTI‐REGIONAL TRAINING INC Total: 225.00 Vendor: NORTHWESTERN MEDICINE OCC HEALTH NORTHWESTERN MEDICINE 542197 09/05/2023 New Hires, Randoms #542197 100‐05‐5110 1,277.00 NORTHWESTERN MEDICINE 542917 09/05/2023 Post Injury Drug Screen 610‐00‐6940 42.00 NORTHWESTERN MEDICINE 543280 09/05/2023 Post Injury Screenings #543280 610‐00‐6940 45.00 NORTHWESTERN MEDICINE 543282 09/05/2023 Post Injury Screenings #543282 610‐00‐6940 42.00 Vendor NORTHWESTERN MEDICINE OCC HEALTH Total: 1,406.00 Vendor: OLSEN SAFETY EQUIPMENT CORP OLSEN SAFETY EQUIPMENT 0409047‐IN 09/05/2023 HiVis Oranage Safety Cuff 100‐33‐6115 257.28 Vendor OLSEN SAFETY EQUIPMENT CORP Total: 257.28 Vendor: PETROCHOICE LLC PETROCHOICE LLC 51278867 09/05/2023 51278867 100‐03‐6250 238.03 PETROCHOICE LLC 51283949 09/05/2023 Fuel: 51283949 100‐45‐6250 415.49 PETROCHOICE LLC 51291825 09/05/2023 Fuel ‐ 51291825 100‐22‐6250 3,197.90 PETROCHOICE LLC 51296800 09/05/2023 Fuel ‐ UTY ‐ 51296800 510‐35‐6250 411.54 PETROCHOICE LLC 51296808 09/05/2023 51296808 100‐03‐6250 298.18 PETROCHOICE LLC 51296809 09/05/2023 Fuel ‐ WW ‐ 51296809 510‐32‐6250 632.72 PETROCHOICE LLC 51296810 09/05/2023 Fuel ‐ WTR ‐ 51296810 510‐31‐6250 65.19 PETROCHOICE LLC 51296811 09/05/2023 Fuel 100‐45‐6250 537.61 PETROCHOICE LLC 51296812 09/05/2023 Fuel ‐ STS ‐ 51296812 100‐33‐6250 1,169.13 PETROCHOICE LLC 51296813 09/05/2023 Fuel ‐ 51296813 100‐22‐6250 2,642.59 PETROCHOICE LLC 51303325 09/05/2023 51303325 100‐03‐6250 128.06 8/30/2023 1:29:14 PM 60 Expense Approval Register Packet: APPKT02779 ‐ 9‐5‐23 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount PETROCHOICE LLC 51303326 09/05/2023 Fuel ‐ WW ‐ 51303326 510‐32‐6250 129.92 PETROCHOICE LLC 51303327 09/05/2023 Fuel ‐ WTR ‐ 51303327 510‐31‐6250 119.60 PETROCHOICE LLC 51303328 09/05/2023 Fuel 100‐45‐6250 618.62 PETROCHOICE LLC 51303329 09/05/2023 Fuel ‐ STS ‐ 51303329 100‐33‐6250 480.11 Vendor PETROCHOICE LLC Total: 11,084.69 Vendor: PROSHRED SECURITY PROSHRED SECURITY 1222558 09/05/2023 Monthly Shredding 100‐22‐5110 80.13 Vendor PROSHRED SECURITY Total: 80.13 Vendor: RESTORATION 1 RESTORATION 1 3126 09/05/2023 Cell cleaning 100‐22‐5110 149.00 Vendor RESTORATION 1 Total: 149.00 Vendor: SCHOPEN PEST SOLUTIONS INC SCHOPEN PEST SOLUTIONS INC 81229 09/05/2023 81229 100‐03‐5120 167.00 Vendor SCHOPEN PEST SOLUTIONS INC Total: 167.00 Vendor: SECURITY FANATICS SECURITY FANATICS 0001102 09/05/2023 Firewall Support 620‐00‐5110 500.00 Vendor SECURITY FANATICS Total: 500.00 Vendor: SNAPOLOGY OF MCHENRY SNAPOLOGY OF MCHENRY 1249 09/05/2023 Cont ‐ Snapology Inv. 1249 100‐46‐5110 123.20 Vendor SNAPOLOGY OF MCHENRY Total: 123.20 Vendor: STUCKEY CONSTRUCTION STUCKEY CONSTRUCTION 4 22‐085 09/05/2023 Miller Point Pay #4 100‐01‐8900 716,334.30 STUCKEY CONSTRUCTION 5 22‐085 09/05/2023 Miller Point Pay Application 5 100‐01‐8900 161,811.00 Vendor STUCKEY CONSTRUCTION Total: 878,145.30 Vendor: SUNNYSIDE COMPANY SUNNYSIDE COMPANY 114499 09/05/2023 319 (114499) 100‐22‐5370 256.90 SUNNYSIDE COMPANY 114511 09/05/2023 319 (114511) 100‐22‐5370 228.20 Vendor SUNNYSIDE COMPANY Total: 485.10 Vendor: TEST GAUGE INC TEST GAUGE INC INV1‐115 768 09/05/2023 Plumbing Supplies 100‐03‐6110 107.26 Vendor TEST GAUGE INC Total: 107.26 Vendor: TODAY'S UNIFORMS TODAY'S UNIFORMS 241794 09/05/2023 Uniform Order ‐ Zujewski 100‐23‐4510 199.95 Vendor TODAY'S UNIFORMS Total: 199.95 Vendor: TOPS IN DOG TRAINING CORP TOPS IN DOG TRAINING CORP 26115 09/05/2023 K9 Food/Training 100‐22‐6310 414.20 Vendor TOPS IN DOG TRAINING CORP Total: 414.20 Vendor: TOWN PLANNER TOWN PLANNER 8‐10‐23 09/05/2023 2024 Town Planner Ads‐Admin, 100‐01‐5110 600.00 Vendor TOWN PLANNER Total: 600.00 Vendor: ULINE ULINE 167119338 09/05/2023 Evidence Supplies 100‐22‐6210 337.52 Vendor ULINE Total: 337.52 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 083648 09/05/2023 PD DURANGO EQUIPMENT 445‐00‐8400 2,606.80 ULTRA STROBE 083649 09/05/2023 PD DURANGO EQUIPMENT 445‐00‐8400 2,606.80 ULTRA STROBE 083650 09/05/2023 PD DURANGO EQUIPMENT 445‐00‐8400 2,606.80 ULTRA STROBE 083651 09/05/2023 PD DURANGO EQUIPMENT 445‐00‐8400 2,606.80 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 10,427.20 Vendor: VERIZON WIRELESS VERIZON WIRELESS 9941134361 09/05/2023 Monthly Cell Phone 620‐00‐5320 2,406.24 Vendor VERIZON WIRELESS Total: 2,406.24 Vendor: VICTOR FORD, INC VICTOR FORD, INC 172583 09/05/2023 431 (172583) 100‐33‐5370 185.35 VICTOR FORD, INC 172602 09/05/2023 317 (172602) 100‐22‐5370 628.00 8/30/2023 1:29:14 PM 61 Expense Approval Register Packet: APPKT02779 ‐ 9‐5‐23 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount VICTOR FORD, INC 172678 09/05/2023 317 (172678) 100‐22‐5370 70.00 VICTOR FORD, INC 172691 09/05/2023 433 (172691) 100‐33‐5370 98.04 VICTOR FORD, INC 172699 09/05/2023 433 172699 100‐33‐5370 662.10 Vendor VICTOR FORD, INC Total: 1,643.49 Grand Total: 1,054,275.73 8/30/2023 1:29:14 PM 62 Expense Approval Register Packet: APPKT02779 ‐ 9‐5‐23 RECT INV Fund Summary Fund Expense Amount 100 ‐ GENERAL FUND 983,088.72 290 ‐ TIF FUND 3,592.88 400 ‐ RECREATION CENTER FUND 977.92 445 ‐ CAPITAL ASSET MAINTENANCE & REPLACEMENT 10,427.20 510 ‐ WATER/SEWER FUND 33,222.57 600 ‐ EMPLOYEE INSURANCE FUND 76.50 610 ‐ RISK MANAGEMENT FUND 634.00 620 ‐ INFORMATION TECHNOLOGY FUND 22,255.94 Grand Total: 1,054,275.73 63 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: September 5th 2023 Regular City Council Meeting RE: Sign Variance for Panera, 1850 N Richmond Road ATT: Sign application, proposed sign package Agenda Item Summary: The Community Development Department received a sign variance request for Panera Bread located at 1850 N Richmond Road. Staff has reviewed the request and feels the sign package proposal falls within the McHenry Municipal code sign variance guidelines. Background: A new free standing Panera restaurant with a drive though is currently being constructed at 1850 N Richmond Road. Panera has already been approved for advertising signs that fall within the limits of the sign ordinance. After these approvals staff received a request to add additional signage to the building that require a variance. Analysis: The current zoning for this property allows for two wall signs and one menu board. Panera is requesting two additional wall signs and one additional menu board. The current approved permit has one wall sign located on the south elevation and one wall sign located on the west elevation. The variance request is to add two signs to the north elevation for an additional 46.5 square feet of signage. Panera is also requesting an additional menu board for the drive through that is roughly 12 sq/ft. These requests are like the recently approved Starbucks requests. Staff has no concerns with the additional menu board, staff understands the need for more than one board to help facilitate an efficient and speedy drive through lane. Staff will be reviewing the current menu board ordinance in the future. The additional wall signs are typical with large chain such as Panera or Starbucks. Staff does not believe the request are in conflict with the variance criteria below. 64 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 Per the municipal code a sign variance must abide by the following four items: 1) will not be materially detrimental to the public welfare or injurious to other property in the vicinity; 2) will not impair an adequate supply of light and air to adjacent property, increase the danger of fire, endanger public safety, or substantially impair property values in the neighborhood; 3) shall not give the property owner or business an unfair advantage over a similar business; and 4) will not cause a hazard to the public’s safety by being dis tracting because of size, location, or being located within rights-of-way. Staff believes the variance requests abide by all of the criteria above and recommends approval. If the City Council concurs it is recommended that a sign variance be granted to Panera 1850 N Richmond Road to allow two additional wall signs, not to exceed 46.5 sq/ft and one additional menu board not to exceed 12 sq/ft in area. 65 66 67 68 69 70 71 72 ORDINANCE N O. 23- An Ordinance Granting a Sign Variance for Panera , 1850 N Richmond Road McHenry , IL 60050 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 Constitut ion of the St ate of Illinois; and WHEREAS, the Community Development Department received a sign variance request from Panera located at 1850 N Richmond Road McHenry, Il 60050. The request is to allow two additional wall signs not exceed 46.5 sq/ft and one additional menu board not to exceed 12 sq/ft in area. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: A sign variance shall be granted to Panera to allow two additional wall signs not to exceed 46.5 sq/ft, for a total of four and one additional menu board not to exceed 12 sq/ft in area. 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 herew ith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be in full effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and approved this 5th day of September 2023. Ayes Nays Absent Abstain Alderwomen Bassi _____ _____ _____ _____ Ald erman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 73 City of McHenry Lead Water Service Program Public Works Department August 2023 74 What is a Lead Water Service? •Era of Lead Construction•Pre-1930 – used universally•1930’s-1960’s – fairly commonly used•1986 – banned •Historical use of lead piping (dating back to the Roman Empire) •Why lead services were used despite dangers of lead being known for years beforehand•Pliable•Corrosion resistant•Leak resistant 75 Why Are Lead Services a Bad Problem? •Intelligence Quotient (IQ) – Every 5 MG/DL increase in blood leads to 1.5 IQ point decrease •Health issues in Adults, Pregnant Women, and Children •No Safe Level of exposure 76 What is Being Done About Lead Services? January 1, 2022 Legislation Coating Phosphate Additive New Construction Standards Testing for Lead Routine - Every 3 Years 77 Where is the City at with its Lead Services •300 Lead Services → Function of the Era of Construction •City survey of service materials has been completed and the data is mapped in GIS •Staff are currently Preparing the Final Report for submittal to the IEPA (which includes replacement schedule) 78 What is the City’s Obligation & Timeline Initial Inventory •4/15/2023 Complete Inventory •4/15/2024 Annual Updates Through •4/15/2027 Final Replacement Plan •4/15/2027 15 Years to Complete if less than 1,200 Lead Service Lines •4/15/2042 Plan on Website including 5, 10, 15, 20, 25, 30 -year goals. 79 300 Lead Services x $10,000/each = Total Cost •Adjust Base Fees & Complete Certain number per year, Approximate Cost $220,000/year •The City could take on a low interest IEPA loan and do a large volume of services at once •Some Grant Funding may be available but this is currently uncertain; to be competitive the City would need to pay to complete a design with a firm in advance Some will be addressed through City Programs: •Base Fee Water Maintenance Program •Route 31 Road Widening •Riverside Streetscape 2030 Base Fee Reset with other debt services coming off books could be an appropriate point to adjust fees to accommodate this mandated program Costs and Funding Options 80 Next Steps & End State Replaced failed services all the way into house (already underway) as they occur 2-3/year $10,000 each Implement Base Fee Water Maintenance Plan & replace a portion of these services as a part of the program Final Report Due 2027 Decide how to pay for the program by 2027 All Lead Services Replaced by 2042 with an Implementation Start 2027 81 Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 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. DISCUSSION AGENDA SUPPLEMENT DATE: September 5, 2023 TO: Mayor and City Council FROM: Derik Morefield, City Administrator RE: Discussion and Direction Regarding Façade Grant Requests for Remainder of FY23/24 AGENDA ITEM SUMMARY: As Council is aware, the City’s revamped Façade Improvement Grant Program has been extremely successful, providing nearly $170,000 in grants and leveraging approximately $481,000 in private funding for the improvement of building facades through the community over the past two fiscal years. In FY23/24 (the current fiscal year), $100,000 was budgeted for the program and just $6,375.50 of this amount remains with 8 months remaining in the fiscal year (April 30, 2024). The purpose for this agenda item is to give Council the opportunity to discuss and provide Staff with direction regarding how to process any new Façade Grant Applications for the remainder of the fiscal year. Options may include the following: 1. Bring Façade Grant Applications before Council for consideration on a case by case basis with an understanding that awards would require budget amendments on an individual basis to fund requests. 2. Direct Staff to amend the FY23/24 Façade Grant Program Budget by a specified dollar amount for use through the remainder of the fiscal year. 3. Not consider any additional Façade Grant Applications for the remainder of the fiscal year. There may be other alternatives for consideration as well. Again, the primary purpose of this agenda item is to provide Council and Staff with an opportunity to discuss and strategize how to handle any additional request. As a point of information, Staff currently has two (2) applications totaling $28,020 that have been submitted. 82 STAFF REPORT FOR SEPTEMBER 2023 The purpose of this report is to provide the City Council and public with the most up-to-date information regarding the latest projects and happenings within the municipal government of the City of McHenry. This report is organized by operating department and will be updated and transmitted as part of each City Council Agenda Packet. Council is welcome to contact any Department Director for more information on any item included in this report, as well as topics from previous reports or items not included in the report. This report does not include projects or other information that is considered confidential in nature. ECONOMIC DEVELOPMENT Contact: Doug Martin, Director of Economic Development – 815/363-2110 Façade Grant 2902 W Route 120---Aviation Flying Furniture Included below are before and after pictures of the façade improvements done at Aviation Flying Furniture, 2902 W Illinois Route 120. Work was done to the south and east elevations, as well as a partial fence erected along the end of the east wall of the building. Asphalt was redone in the parking lot and landscaping and a new mailbox were also installed by the applicant. McHenry Area Chamber of Commerce Updates Ribbon Cutting - Bupp Woodworks and Designs - Wednesday September 6, 2023 11:00 AM - 4306 W Crystal Lake Rd Unit G McHenry Downtown Uncorked – 2023 Saturday September 9, 2023 1:00 pm - 5:00 pm – throughout downtown State of McHenry Luncheon 2023 - Wednesday September 13, 2023 11:30 AM - 1:30 PM CDT – The Vixen 83 Ribbon Cutting – Cross Kicks Fitness - Friday September 15, 2023 12:00 PM CDT – 1728 N. Richmond Rd. Ribbon Cutting - Artisan Market - Friday September 29, 2023 5:30 PM CDT – 1245 N. Green St. COMMUNITY DEVELOPMENT Contact: Ross Polerecky, Director of Community Development – 815/363-2182 September 20th Planning and Zoning Assembly use for Youth and Family Services of McHenry County 1011 Green Street Expansion of the current battery storage facility 302 Front Street Comprehensive Plan Staff from HDR spent time at the farmers market, Home Depot, and Bands Blues and BBQ these past few weeks data was collected from the residents and is being compiled. HDR staff will be back in September to participate in the wine walk as well as working with the high school and their students. A website will be launched soon that will allow everyone to participate. Panera 1850 N Richmond Road Kitchen equipment and furnishings are currently being installed. Starbucks 904 S Route 31 Starbucks has received a certificate of occupancy and is open for business The following projects are currently in some state of construction with no anticipated opening dates: The Courthouse - 1401 Riverside Drive Whiskey Diablo - 1325 Riverside Drive Cantaritto’s Bar and Grill - 1228 Green Street Green Street Tavern - 1259 Green Earthmed Dispensary - 1711 N Richmond Road Coffee Shop - 1250-1258 Green Pop Shelf - 3200 Shoppers Drive Wingstop - 4213 W Elm Harbor Freight - 1742 N Richmond Road 84 POLICE Contact: John Birk, Chief of Police – 815/363-2200 Personnel Update The following personnel have recently completed the respective years of service with the McHenry Police Department: • Commander Paul Funk – 26 years • Detective Adrianna Birk – 19 years • Officer James Harris – 19 years • Telecommunicator Holly Neville – 16 years • Telecommunicator Katherine Fitzgerald – 8 years • Telecommunicator Kaitlin Durband – 6 years • FOIA Officer Roger Pechous – 5 years • Telecommunicator Rebecca Morrison – 3 years On August 16th, 2023, Chief John Birk swore in the department’s two newest police officers, Stevan Barjaktarevic and Justin McCauley. Stevan is a Maine South High School graduate and received his bachelor’s degree from University of Illinois-Chicago. Justin is a Johnsburg High School graduate and received his bachelor’s degree from the University of Wisconsin- Platteville. Both officers will attend the basic police academy at the Southwest Illinois Police Academy in Belleville, Illinois and are expected to graduate at the end of December. Training Sergeant Brian Aalto attended the FBI’s week-long Command Leadership Institute in Aurora, Illinois. Officer Roger Hendrickson attended Active Threat Master Instructor training in Decatur, Illinois. 85 Officer Alberto Martinez attended Human Trafficking Awareness Training. This training was hosted by Homeland Security Investigations in Lombard, Illinois. Officer Ryan Pardue attended truck enforcement basic training. This training was hosted by the Illinois Truck Enforcement Association. Officer Alberto Martinez and Officer Joseph Lopez attended Advanced Standard Field Sobriety Test and DWI Detection training in Elgin, Illinois. Officer Ashley O’Herron attended Child Abuse Awareness training in Round Lake, Illinois. Officer Matthew Szoke attended Ground Fighting Control Tactics in Lake in The Hills, Illinois and Testifying in a DUI Trial training in Lombard, Illinois. Officer Grahm McClure attended the 40-hour basic Evidence Technician training in DuPage County, Illinois. Sergeant Kelly Ducak attended the FBI’s week-long Command Leadership Institute in Eau Clair, Wisconsin. Detective Matthew Voelker attended Tactical Trauma and Shock Management training in Lake Zurich, Illinois. Public Relations On August 25th, 2023, Chief John Birk announced a new community program – Shared Vision. The Shared Vision home camera database program is a voluntary program that asks residents who have outdoor surveillance camers to register their devices with the McHenry Police Department. If a resident registered for the program and a crime occurs in their neighborhood, we can ask the resident to check their camera system to see if any photos or videos were captured that might assist us in our investigation. So far twenty-seven residents have signed up for the program. On August 8th, 2023, members of the McHenry Police Department assisted with our annual National Night Out event at Petersen Park. Events included police K9 demonstrations, a police motorcycle demonstration, child fingerprinting, Life Net’s emergency helicopter landing, free food, free face painting and more. The McHenry Police Department raffled off four children’s bicycles with helmets and locks, as well as 2 summer activity bags. 86 On August 15th, 2023, Public Affairs Officer Spohn made rounds to various parks in McHenry and surprised kids by handing out badge stickers, temporary tattoos, sunglasses and stress relief sqeezable police cars to children. On August 26th, 2023, Officer Marc Fisher assisted with the Hoffman Estates Truck Convoy for Special Olympics - Illinois. The Truck Convoy is a fundraising and awareness event where local trucking companies donate money to Special Olympics - Illinois and transport a police vehicle on I-90 from Hoffman Estates and back again. 87