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HomeMy WebLinkAboutPacket - 5/6/2024 - City CouncilThe City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA REGULAR CITY COUNCIL MEETING Monday, May 6, 2024, 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.Presentation: Proclamation for the McHenry Garden Club 5. Public Comment. 6. Consent Agenda. Motion to Approve the following Consent Agenda Items as presented: A.Resolution Authorizing Continuation of the McHenry County Municipal Risk Management Agency (Deputy Clerk Johnson) B.Ordinance Amending Section 4-6-8, Subsection A – Number of Video Gaming Licenses, of the McHenry City Code (Deputy Clerk Johnson) C.Award a material supply contract for bulk rock salt to Morton Salt, Inc., of Chicago, Illinois, in the amount of $92,280.00 (1,000 tons @ $92.28 per ton), and approve a contingency allowance for a twenty percent overage on the contract in the amount of $18,456.00. (Director Wirch) D.Approve A Resolution for Improvement authorizing $85,163.00 of Motor Fuel Tax funds for the Bull Valley Road STP project (Director Wirch) E.Waive competitive bidding requirements and award the contract to Langton Snow Solutions, Inc. in the amount of $37,432.50 with a 65% retainer of $24,331.12 (Director Wirch) F.Award the bid award for the 2024 Hydrant Painting Program contract to GO Painters, Inc. of Maywood, Illinois, in the amount of $34,775.00 (Director Wirch) G.Award a contract to Applied Research Associates, Inc. (ARA) in the amount of $83,400.00 to perform the 2024 Pavement Management Study (Director Wirch) H.Award the bid award for the 2024 Thermoplastic Pavement Marking contract to Superior Road Striping, Inc. in an amount of $42,886.70 (Director Wirch) 1 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. I.Approve a Parks Special Use Permit Application submitted by the Pearl Street Market for the summer markets and band concerts May 16th – September 19th from 4pm to 9pm each Thursday, to approve a special event liquor license in conjunction with those events and to waive the associated fees for the reservation and the support services (Director Hobson) J.Approve the Special Use Application from the McHenry Riverwalk Foundation to allow the consumption of alcohol throughout the grounds of Miller Point Park in conjunction with the Music Sunday band concerts beginning on May 26th through the end of the summer season on September 29th from 1pm – 4pm and to waive all associated rental and support fees for the event (Director Hobson) K.Authorize the Mayor to execute an Updated Intergovernmental Agreement between the City of McHenry and the County of McHenry relating to the McHenry County Sheriff’s Marine Unit (Director Hobson) L.Parks & Recreation Facilities & Special Use Permit Requests M.April 15, 2024 City Council Meeting Minutes N.April 29, 2024 City Council Special Meeting Minutes O.Issuance of Checks in the amount of $310,944.36 7.Individual Action Item Agenda A.Honduras Restaurant Video Gaming A motion to approve a video gaming license to Restaurante Hondureno Bustillo Matute at 4113 W Shamrock Lane, and if approved a motion to pass an Ordinance Amending Section 4-6-8, Subsection A – Number of Licenses, of the McHenry City Code (Deputy Clerk Johnson) B.Foxhole Pub Liquor License A motion to approve a Class A liquor license to Foxhole Pub at 3308 W Elm Street, McHenry, and if approved, pass an Ordinance Amending Title 4-2-6, Subsection D-1, Limitation on Number of Licenses, of the McHenry City Code (Deputy Clerk Johnson) C.Foxhole Pub Video Gaming Pending the approval of a Class A liquor license, a motion to approve a video gaming license to Foxhole Pub at 3308 W Elm Street, McHenry, and if approved a motion to pass an Ordinance Amending Section 4-6-8, Subsection A – Number of Licenses, of the McHenry City Code (Deputy Clerk Johnson) D.Orchard Beach Road Annexation A motion to pass an Ordinance Annexing 1920 Orchard Beach Road (Director Polerecky) E.2212 Richmond Road Use Variation 2 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. A motion to pass an ordinance granting a use variation to allow the outdoor storage of automobiles, recreation vehicles, trailers, and equipment as the principal use on a portion of the property located at 2212 N Richmond Road (Director Polerecky) F. 3717 Main Street CUP and Use Variation A motion to waive the Zoning Hearing Application Fee and a motion to approve an Ordinance granting a Conditional Use Permit for an Assembly Use (Church/Banquet Facility) and Use Variances to allow rental storage space (mini-warehouse), commercial office and kitchen space, and Zoning Variations to accommodate the existing principal and accessory structures (Director Polerecky) G. 4719 Elm Street Variance and CUP A motion to pass an ordinance granting a Variance and Conditional Use Permit to allow an Open Sales Lot in conjunction with Automobile Sales (Director Polerecky) H. Summer Concerts at Miller Point Approve the special use of Miller Point Park by the City of McHenry to allow for bands, food trucks and the consumption of alcohol throughout the grounds of Miller Point Park in conjunction with the community concerts on June 15th and August 24th from 5pm – 9pm. (Director Hobson) I. Olde Mille Ponds Easement Agreement Approve an agreement to allow the Olde Mill Ponds Homeowners Association rights to an easement located on Lot 106 of the Olde Mill Ponds Subdivision. Said easement is for access and the installation of a new irrigation well (Director Polerecky) 8. Discussion Item Agenda 9. Staff Reports. Provided the 1st meeting of each month. 10. Mayor’s Report. 11. City Council Comments. 12. Executive Session if necessary 13. Adjourn. The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further information, please contact the Office of the City Administrator at 815-363-2108. This meeting will be live streamed with a quorum of the City Council physically present. Public comments may only be heard by members of the public physically present at the meeting. Remote public comments will not be heard. The public can listen and view the meeting from the following link: https://cityofmchenry.zoom.us/j/85011987441 3 Proclamation In Celebration of the McHenry Garden Club’s 20 Year Anniversary WHEREAS, The McHenry Garden Club was founded in 2004 by resident Marita Sension. After placing an ad in the local newspaper, looking for like-minded women, the first meeting, held in January. Fifteen ladies showed up, thus began an amazing journey. WHEREAS, Throughout the twenty years the club has been in existence, the club has awarded scholarships for local students studying earth science topics, awarded McHenry residents with Garden of the Month awards, participated in many local activities, assisted in revising the garden at the McHenry Post Office, and joined the Chamber of Commerce in planting shrubs and flowers by the shops at Miller Point. WHEREAS, The club has provided over 2000 small flower arrangements to nursing homes, hospitals, memory care, and police and fire locations throughout the McHenry area by re- purposing memorial flowers. This is a project that brings smiles by all recipients as well as members who create and deliver these arrangements. WHERAS, Meetings also include educational topics, often presented by local Master Gardeners. WHERAS, Each year club members have held two major fund raisers to be able to support all their activities. Flower shows, held at McHenry West high school have drawn hundreds of people to McHenry who support the efforts of the club as well as enjoying a great presentation by local floral designers. WHEREAS, Currently there are nearly 50 members of the McHenry Garden Club, who meet on the third Wednesday of each month at the Shephard of the Hills Church.The McHenry Garden Club is affiliated with the Garden Clubs of Illinois which consists of 146 clubs throughout Illinois. NOW THEREFORE BE IT PROCLAIMED, that City Council of the City of McHenry go on record as recognizing the efforts and dedication of the McHenry Garden Club and expressing its appreciation and gratitude on behalf of the Citizens of McHenry. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of McHenry to be affixed, this 6th day of May, 2024. Signed: _________________________________ Wayne Jett, Mayor 4 Ann Campanella Director of Human Resources & Risk Mgmt. City of McHenry 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-6889 acampanella@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 SUPPLEMENT DATE: May 6, 2024 TO: Honorable Mayor and City Council FROM: Ann Campanella, Director of Human Resources & Risk Management Monte Johnson, Deputy City Clerk RE: MCMRMA Resolution ATT: Resolution Authorizing Continuation of MCMRMA for 12-year terms AGENDA ITEM SUMMARY: The purpose of this agenda item is for Council to approve a resolution authorizing the continuation of the McHenry County Municipal Risk Management Agency (MCMRMA). BACKGROUND/PROCESS: MCMRMA is the Joint Risk Management Pool of which the City is a member along with Algonquin, Woodstock, Fox River Grove, Island Lake, Spring Grove, and Woodstock Fire & Rescue. It has been in existence since 1988. The MCMRMA bylaws currently state that each member must vote to continue its existence every four years, which is no longer a common term of existence in risk management. Consequently, after discussion, the MCMRMA Board decided that a 12-year period would be more appropriate and passed a motion to amend the bylaws as such. This decision by the MCMRMA Board needs to be ratified by each member’s governing body. Therefore, as part of the regular four-year continuation declaration, a bylaw amendment is also being included to move to a 12-year term. It is important to note that this does not restrict the ability of the City of McHenry to withdraw from MCMRMA with one year’s prior notice as stated in the MCMRMA Bylaws. RECOMMENDATION: Pass a Resolution Authorizing Continuation of the McHenry County Municipal Risk Management Agency 5 RESOLUTION NO. 24- A RESOLUTION AUTHORIZING CONTINUATION OF THE MCHENRY COUNTY MUNICIPAL RISK MANAGEMENT AGENCY ADOPTED BY THE CITY COUNCIL OF THE CITY OF MCHENRY THIS 6TH DAY OF MAY, 2024 Published in pamphlet form By the authority of the Mayor And City Council of the City of McHenry McHenry County, Illinois This 7th day of May, 2024 6 RESOLUTION NO. 24- A RESOLUTION AUTHORIZING CONTINUATION OF THE MCHENRY COUNTY MUNICIPAL RISK MANAGEMENT AGENCY WHEREAS, the McHenry County Municipal Risk Management Agency (MCMRMA) is a governmental self-insurance pool, formed pursuant to Article VII §10 of the Illinois Constitution, and the Illinois Intergovernmental Cooperation Act, 5 ILCS §2201-1 et. seq., and governed according to an intergovernmental agreement, hereinafter referred to as the “Contract and By-laws;” WHEREAS, as of the end of its current fiscal year, ending June 30, 2024, MCMRMA will have been in existence for thirty-six (36) years, which will end its current term, during which it has provided protected collective self-insurance for the governmental entities which have been members of MCMRMA; WHEREAS, the City of McHenry is a Member of MCMRMA, and wishes to continue MCMRMA’s existence; WHEREAS, the passage of this resolution does not in any way restrict the ability of the City of McHenry to withdraw from MCMRMA in accordance with the terms of the Contract and By-Laws and state law. NOW, THEREFORE, be it resolved by the City of McHenry, Illinois: SECTION 1. MCMRMA, of which the City of McHenry is a Member, at the conclusion of the current fiscal year, ending June 30, 2024, shall continue in existence under the terms of its Contract and By-Laws; 7 SECTION 2: The Contract and By-Laws of MCMRMA shall continue to constitute the intergovernmental agreement between the City of McHenry and the other Members of MCMRMA. SECTION 3: This resolution shall be in full force and effect immediately upon its passage. PASSED BY THE CITY COUNCIL OF THE CITY OF MCHENRY this 6th day of May 2024. CITY OF MCHENRY APPROVED: ____________________________________ Mayor ATTEST: __________________________________ City Clerk 8 C E R T I F I C A T I O N I, Monte Johnson, certify that I am the Deputy City Clerk of the City of McHenry, McHenry County, Illinois I further certify that on May 6, 2024, the Corporate Authorities of such City passed and approved a RESOLUTION AUTHORIZING CONTINUATION OF THE MCHENRY COUNTY MUNICIPAL RISK MANAGEMENT AGENCY. A copy of this Resolution is available for public inspection upon request in the office of the City Clerk. Dated at McHenry, Illinois, this 6th day of May 2024. ____________________________________ City Clerk (SEAL) 9 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA ITEM DATE: May 6, 2024 TO: City Council FROM: Deputy Clerk Monte Johnson RE: Reduction in Video Gaming Establishments AGENDA ITEM SUMMARY: Throughout the renewal process of liquor and video gaming licenses, two of our video gaming license holders have declined to renew their video gaming licenses. Bimbos and Windhill Restaurant have chosen to remove their video gaming machines and will move forward with liquor only and no gaming. Therefore we need to pass an ordinance to reduce the number of video gaming licensed establishments. Pending the outcome of the vote for gaming for the Honduras restaurant, another establishment could be added. I will only process one video gaming ordinance for the entire meeting. I will base the number in the ordinance off the approval or denial of the Honduras Restaurant vote. RECOMMENDATION: A motion to pass an Ordinance Amending Section 4-6-8, Subsection A – Number of Licenses, of the McHenry City Code 10 ORDINANCE NO. 24- Amending Title 4, Chapter 6, Video Gaming Terminals, Editing Section 4-6-8, Subsection A – Number of Licenses, of the McHenry City Code 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: Title 4, Chapter 6, Video Gaming Terminals, Section 4-6-8, Subsection A - Number of Licenses, of the Municipal Code shall be amended as follows: 4-6-8: Number of Licenses A. The total number of location licenses for video gaming terminals issued under this chapter shall not exceed x. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 6th day of May, 2024. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 11 Department of Public Works Steve Wirch, Public Works Director 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: May 6, 2024 TO: Mayor and City Council FROM: Steve Wirch, Public Works Director RE: Bulk Rock Salt Purchase ATT: Bid Tabulation Acceptance of Proposal to Furnish Materials and Approval of Award (BLR 12330) AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a renewal bulk rock salt contract to Morton Salt, Inc., of Chicago, Illinois, obtained through a joint bid process coordinated by the Lake County Purchasing Department on April 16, 2024. Staff further requests that the City Council consider the approval of a contract contingency allowance for a twenty percent overage on the contract. BACKGROUND: The Public Works Department utilizes road salt for the purpose of maintaining safe operating conditions for vehicles traveling on City roadways. To secure materials at competitive pricing, staff has partnered with other local agencies to jointly bid the purchase of materials and secure volume pricing. In 2024, the City joined several municipal agencies, townships, and county agencies in Lake and McHenry Counties to solicit bids for road salt. The Lake County Division of Transportation facilitated the bid specifications and solicitation. A request for 1,000 tons of road salt was submitted to Lake County by City staff. ANALYSIS: On April 16, 2024, two bids were accepted: • Morton Salt $92.28/Ton • Compass Minerals America, Inc. $94.48/Ton Funding for the purchase of salt for snow and ice control is budgeted in the Fiscal Year 2024/2025 Street Division Operating Budget Materials and Supplies Account (100-33-6110) in an estimated amount of $110,000.00. The contract includes an allowance to order up to a twenty percent overage on the original contract quantity. Should the need arise based upon the conditions of the 2024-2025 winter operations season, staff will require the authorization of the City Council to utilize this provision. Staff is therefore requesting City Council to approve a contingency allowance for this twenty percent overage of 200 tons in the amount of $18,456.00. 12 RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to award a material supply contract for bulk rock salt to Morton Salt, Inc., of Chicago, Illinois, in the amount of $92,280.00 (1,000 tons @ $92.28 per ton). It is further recommended that a motion be made to approve a contingency allowance for a twenty percent overage on the contract in the amount of $18,456.00. 13 Project:2025 PATROL I MAINTENANCE - ROCK SALT Section:25-00000-05-GM CPMS Pin:B-01604 Description:FURNISH AND DELIVER ROCK SALT Let Date:4/16/2024 City, State, Zip Bond/Check Eola, IL 60519 Bid Bond Overland Park, KS 66210 Bid Bond Chicago, IL 60606 Bid Bond P.O. Box 95 444 w. Lake Street, Suite 2900 Salt Xchange Inc. Compass Minerals America, Inc. Morton Salt, Inc. 9900 W. 109th Street, Suite 100 Summary of Bids Received AddressBidder 14 UNIT OF GOVERNMENT UNITS QUANTITY Salt Xchange Inc.Compass Minerals America, Inc.Morton Salt, Inc. 80% - 120% UNIT PRICE 85.21$ 84.90$ 120% - 150% UNIT PRICE No Bid 95.21$ 94.90$ EARLY DELIVERY UNIT PRICE 85.21$ 84.90$ 80% - 120% UNIT PRICE 84.55$ 84.23$ 120% - 150% UNIT PRICE No Bid 94.55$ 94.23$ EARLY DELIVERY UNIT PRICE 84.55$ 84.23$ 80% - 120% UNIT PRICE 83.56$ 83.25$ 120% - 150% UNIT PRICE No Bid 93.56$ 93.25$ EARLY DELIVERY UNIT PRICE 83.56$ 83.25$ 80% - 120% UNIT PRICE 85.51$ 85.19$ 120% - 150% UNIT PRICE No Bid 95.51$ 95.19$ EARLY DELIVERY UNIT PRICE 85.51$ 85.19$ 80% - 120% UNIT PRICE 85.61$ 85.29$ 120% - 150% UNIT PRICE No Bid 95.61$ 95.29$ EARLY DELIVERY UNIT PRICE 85.61$ 85.29$ THE LOW BIDS FOR EACH AGENCY, (80%-120%, 120% - 150% & EARLY DELIVERY) ARE HIGHLIGHTED 3 Antioch Township TONS 2,000 4 Avon Township TONS 400 5 Ela Township 2 Lake County Forest Preserve District TONS 250 Lake County Townships Early Delivery unit price is for delivery between July 15, 2024 and November 1, 2024; 80% - 120% unit price & 120% - 150% unit price are for delivery after November 1, 2024. Lake County 1 Lake County Division of Transportation TONS 14,000 TONS 750 15 UNIT OF GOVERNMENT UNITS QUANTITY Salt Xchange Inc.Compass Minerals America, Inc.Morton Salt, Inc. 80% - 120% UNIT PRICE 85.58$ 85.26$ 120% - 150% UNIT PRICE No Bid 95.58$ 95.26$ EARLY DELIVERY UNIT PRICE 85.58$ 85.26$ 80% - 120% UNIT PRICE 85.51$ 85.19$ 120% - 150% UNIT PRICE No Bid 95.51$ 95.19$ EARLY DELIVERY UNIT PRICE 85.51$ 85.19$ 80% - 120% UNIT PRICE 84.55$ 84.23$ 120% - 150% UNIT PRICE No Bid 94.55$ 94.23$ EARLY DELIVERY UNIT PRICE 84.55$ 84.23$ 80% - 120% UNIT PRICE 85.21$ 84.90$ 120% - 150% UNIT PRICE No Bid 95.21$ 94.90$ EARLY DELIVERY UNIT PRICE 85.21$ 84.90$ 80% - 120% UNIT PRICE 88.77$ 86.71$ 120% - 150% UNIT PRICE No Bid 98.77$ 96.71$ EARLY DELIVERY UNIT PRICE 88.77$ 86.71$ 80% - 120% UNIT PRICE 91.23$ 90.00$ 120% - 150% UNIT PRICE No Bid 101.23$ 100.00$ EARLY DELIVERY UNIT PRICE 91.23$ 90.00$ 6 Fremont Township TONS 400 Lake County Townships (continued) 9 Libertyville Township Road District TONS 700 7 Grant Township TONS 1,300 8 Lake Villa Township TONS 1,200 10 Newport Township TONS 200 11 Vernon Township TONS 200 16 UNIT OF GOVERNMENT UNITS QUANTITY Salt Xchange Inc.Compass Minerals America, Inc.Morton Salt, Inc. 80% - 120% UNIT PRICE 84.36$ 84.05$ 120% - 150% UNIT PRICE No Bid 94.36$ 94.05$ EARLY DELIVERY UNIT PRICE 84.36$ 84.05$ 80% - 120% UNIT PRICE 86.38$ 86.05$ 120% - 150% UNIT PRICE No Bid 96.38$ 96.05$ EARLY DELIVERY UNIT PRICE 86.38$ 86.05$ 80% - 120% UNIT PRICE 83.56$ 83.25$ 120% - 150% UNIT PRICE No Bid 93.56$ 93.25$ EARLY DELIVERY UNIT PRICE 83.56$ 83.25$ 80% - 120% UNIT PRICE 92.95$ 90.79$ 120% - 150% UNIT PRICE No Bid 102.95$ 100.79$ EARLY DELIVERY UNIT PRICE 92.95$ 90.79$ 80% - 120% UNIT PRICE 83.42$ 83.11$ 120% - 150% UNIT PRICE No Bid 93.42$ 93.11$ EARLY DELIVERY UNIT PRICE 83.42$ 83.11$ 80% - 120% UNIT PRICE 84.78$ 84.47$ 120% - 150% UNIT PRICE No Bid 94.78$ 94.47$ EARLY DELIVERY UNIT PRICE 84.78$ 84.47$ Lake County Communities 14 Village of Antioch TONS 900 12 Warren Township TONS 3,000 13 Wauconda Township TONS 700 15 Village of Barrington TONS 500 16 Village of Beach Park TONS 450 17 Village of Buffalo Grove TONS 1,750 17 UNIT OF GOVERNMENT UNITS QUANTITY Salt Xchange Inc.Compass Minerals America, Inc.Morton Salt, Inc. 80% - 120% UNIT PRICE 84.42$ 84.11$ 120% - 150% UNIT PRICE No Bid 94.42$ 94.11$ EARLY DELIVERY UNIT PRICE 84.42$ 84.11$ 80% - 120% UNIT PRICE 85.30$ 84.98$ 120% - 150% UNIT PRICE No Bid 95.30$ 94.98$ EARLY DELIVERY UNIT PRICE 85.30$ 84.98$ 80% - 120% UNIT PRICE 84.36$ 84.05$ 120% - 150% UNIT PRICE No Bid 94.36$ 94.05$ EARLY DELIVERY UNIT PRICE 84.36$ 84.05$ 80% - 120% UNIT PRICE 89.99$ 87.90$ 120% - 150% UNIT PRICE No Bid 99.99$ 97.90$ EARLY DELIVERY UNIT PRICE 89.99$ 87.90$ 80% - 120% UNIT PRICE 84.42$ 84.11$ 120% - 150% UNIT PRICE No Bid 94.42$ 94.11$ EARLY DELIVERY UNIT PRICE 84.42$ 84.11$ 80% - 120% UNIT PRICE 84.42$ 84.11$ 120% - 150% UNIT PRICE No Bid 94.42$ 94.11$ EARLY DELIVERY UNIT PRICE 84.42$ 84.11$ 18 Village of Deerfield TONS 500 Lake County Communities (continued) 21 Village of Hainesville TONS 150 19 Village of Grayslake TONS 2,000 20 Village of Gurnee TONS 2,500 22 City of Highland Park TONS 1,500 23 City of Highwood TONS 1,000 18 UNIT OF GOVERNMENT UNITS QUANTITY Salt Xchange Inc.Compass Minerals America, Inc.Morton Salt, Inc. 80% - 120% UNIT PRICE 86.80$ 86.47$ 120% - 150% UNIT PRICE No Bid 96.80$ 96.47$ EARLY DELIVERY UNIT PRICE 86.80$ 86.47$ 80% - 120% UNIT PRICE 85.62$ 85.31$ 120% - 150% UNIT PRICE No Bid 95.62$ 95.31$ EARLY DELIVERY UNIT PRICE 85.62$ 85.31$ 80% - 120% UNIT PRICE 84.78$ 84.47$ 120% - 150% UNIT PRICE No Bid 94.78$ 94.47$ EARLY DELIVERY UNIT PRICE 84.78$ 84.47$ 80% - 120% UNIT PRICE 84.55$ 84.23$ 120% - 150% UNIT PRICE No Bid 94.55$ 94.23$ EARLY DELIVERY UNIT PRICE 84.55$ 84.23$ 80% - 120% UNIT PRICE 85.21$ 84.90$ 120% - 150% UNIT PRICE No Bid 95.21$ 94.90$ EARLY DELIVERY UNIT PRICE 85.21$ 84.90$ 80% - 120% UNIT PRICE 84.78$ 84.47$ 120% - 150% UNIT PRICE No Bid 94.78$ 94.47$ EARLY DELIVERY UNIT PRICE 84.78$ 84.47$ Lake County Communities (continued) 26 City of Lake Forest TONS 1,600 24 Village of Island Lake TONS 600 25 Village of Kildeer TONS 500 27 Village of Lake Villa TONS 550 28 Village of Libertyville TONS 2,000 29 Village of Lincolnshire TONS 500 19 UNIT OF GOVERNMENT UNITS QUANTITY Salt Xchange Inc.Compass Minerals America, Inc.Morton Salt, Inc. 80% - 120% UNIT PRICE 84.55$ 84.23$ 120% - 150% UNIT PRICE No Bid 94.55$ 94.23$ EARLY DELIVERY UNIT PRICE 84.55$ 84.23$ 80% - 120% UNIT PRICE 86.38$ 86.05$ 120% - 150% UNIT PRICE No Bid 96.38$ 96.05$ EARLY DELIVERY UNIT PRICE 86.38$ 86.05$ 80% - 120% UNIT PRICE 84.78$ 82.81$ 120% - 150% UNIT PRICE No Bid 94.78$ 92.81$ EARLY DELIVERY UNIT PRICE 84.78$ 82.81$ 80% - 120% UNIT PRICE 85.58$ 85.26$ 120% - 150% UNIT PRICE No Bid 95.58$ 95.26$ EARLY DELIVERY UNIT PRICE 85.58$ 85.26$ 80% - 120% UNIT PRICE 85.21$ 83.23$ 120% - 150% UNIT PRICE No Bid 95.21$ 93.23$ EARLY DELIVERY UNIT PRICE 85.21$ 83.23$ 80% - 120% UNIT PRICE 85.29$ 84.97$ 120% - 150% UNIT PRICE No Bid 95.29$ 94.97$ EARLY DELIVERY UNIT PRICE 85.29$ 84.97$ Lake County Communities (continued) 30 Village of Lindenhurst TONS 650 33 Village of Mundelein TONS 800 31 Village of Long Grove TONS 1,400 32 Village of Mettawa TONS 150 34 City of North Chicago TONS 1,000 35 City of Park City TONS 150 20 UNIT OF GOVERNMENT UNITS QUANTITY Salt Xchange Inc.Compass Minerals America, Inc.Morton Salt, Inc. 80% - 120% UNIT PRICE 85.51$ 85.19$ 120% - 150% UNIT PRICE No Bid 95.51$ 95.19$ EARLY DELIVERY UNIT PRICE 85.51$ 85.19$ 80% - 120% UNIT PRICE 85.51$ 85.19$ 120% - 150% UNIT PRICE No Bid 95.51$ 95.19$ EARLY DELIVERY UNIT PRICE 85.51$ 85.19$ 80% - 120% UNIT PRICE 89.99$ 87.90$ 120% - 150% UNIT PRICE No Bid 99.99$ 97.90$ EARLY DELIVERY UNIT PRICE 89.99$ 87.90$ 80% - 120% UNIT PRICE 85.21$ 84.90$ 120% - 150% UNIT PRICE No Bid 95.21$ 94.90$ EARLY DELIVERY UNIT PRICE 85.21$ 84.90$ 80% - 120% UNIT PRICE 83.03$ 82.72$ 120% - 150% UNIT PRICE No Bid 93.03$ 92.72$ EARLY DELIVERY UNIT PRICE 83.03$ 82.72$ 80% - 120% UNIT PRICE 86.38$ 86.05$ 120% - 150% UNIT PRICE No Bid 96.38$ 96.05$ EARLY DELIVERY UNIT PRICE 86.38$ 86.05$ Lake County Communities (continued) 38 Village of Round Lake Heights TONS 200 36 Village of Round Lake TONS 1,100 37 Village of Round Lake Beach TONS 700 41 Village of Wauconda TONS 500 39 Village of Vernon Hills TONS 1,400 40 Village of Wadsworth TONS 300 21 UNIT OF GOVERNMENT UNITS QUANTITY Salt Xchange Inc.Compass Minerals America, Inc.Morton Salt, Inc. 80% - 120% UNIT PRICE 89.82$ 89.48$ 120% - 150% UNIT PRICE No Bid 99.82$ 99.48$ EARLY DELIVERY UNIT PRICE 89.82$ 89.48$ 80% - 120% UNIT PRICE 85.51$ 85.19$ 120% - 150% UNIT PRICE No Bid 95.51$ 95.19$ EARLY DELIVERY UNIT PRICE 85.51$ 85.19$ 80% - 120% UNIT PRICE 83.71$ 83.40$ 120% - 150% UNIT PRICE No Bid 93.71$ 93.40$ EARLY DELIVERY UNIT PRICE 83.71$ 83.40$ 80% - 120% UNIT PRICE 85.47$ 85.14$ 120% - 150% UNIT PRICE No Bid 95.47$ 95.14$ EARLY DELIVERY UNIT PRICE 85.47$ 85.14$ 80% - 120% UNIT PRICE 85.51$ 85.19$ 120% - 150% UNIT PRICE No Bid 95.51$ 95.19$ EARLY DELIVERY UNIT PRICE 85.51$ 85.19$ 80% - 120% UNIT PRICE 94.41$ 92.22$ 120% - 150% UNIT PRICE No Bid 104.41$ 102.22$ EARLY DELIVERY UNIT PRICE 94.41$ 92.22$ Cook County Communities 44 Village of Glenview TONS 2,000 42 City of Des Plaines TONS 1,000 43 Village of Glencoe TONS 700 45 Village of Kenilworth TONS 300 46 Village of Winnetka TONS 500 McHenry County Townships 47 Algonquin Township TONS 1,200 22 UNIT OF GOVERNMENT UNITS QUANTITY Salt Xchange Inc.Compass Minerals America, Inc.Morton Salt, Inc. 80% - 120% UNIT PRICE 85.28$ 84.97$ 120% - 150% UNIT PRICE No Bid 95.28$ 94.97$ EARLY DELIVERY UNIT PRICE 85.28$ 84.97$ 80% - 120% UNIT PRICE 93.26$ 91.09$ 120% - 150% UNIT PRICE No Bid 93.26$ 101.09$ EARLY DELIVERY UNIT PRICE 93.26$ 91.09$ 80% - 120% UNIT PRICE 92.05$ 90.81$ 120% - 150% UNIT PRICE No Bid 102.05$ 100.81$ EARLY DELIVERY UNIT PRICE 92.05$ 90.81$ 80% - 120% UNIT PRICE 86.81$ 86.48$ 120% - 150% UNIT PRICE No Bid 96.81$ 96.48$ EARLY DELIVERY UNIT PRICE 86.81$ 86.48$ 80% - 120% UNIT PRICE 93.48$ 91.31$ 120% - 150% UNIT PRICE No Bid 103.48$ 101.31$ EARLY DELIVERY UNIT PRICE 93.48$ 91.31$ 80% - 120% UNIT PRICE 86.39$ 86.07$ 120% - 150% UNIT PRICE No Bid 96.39$ 96.07$ EARLY DELIVERY UNIT PRICE 86.39$ 86.07$ McHenry County Townships (continued) 49 McHenry Township Road District TONS 2,000 48 Grafton Township Road District TONS 500 52 City of Crystal Lake TONS 4,900 53 Village of Fox River Grove TONS 500 McHenry County Communities 50 Village of Algonquin TONS 2,200 51 Village of Cary TONS 1,500 23 UNIT OF GOVERNMENT UNITS QUANTITY Salt Xchange Inc.Compass Minerals America, Inc.Morton Salt, Inc. 80% - 120% UNIT PRICE 84.45$ 84.03$ 120% - 150% UNIT PRICE No Bid 94.45$ 94.03$ EARLY DELIVERY UNIT PRICE 84.45$ 84.03$ 80% - 120% UNIT PRICE 93.26$ 91.09$ 120% - 150% UNIT PRICE No Bid 103.26$ 101.09$ EARLY DELIVERY UNIT PRICE 93.26$ 91.09$ 80% - 120% UNIT PRICE 94.48$ 92.28$ 120% - 150% UNIT PRICE No Bid 104.48$ 102.28$ EARLY DELIVERY UNIT PRICE 94.48$ 92.28$ 80% - 120% UNIT PRICE 92.74$ 90.58$ 120% - 150% UNIT PRICE No Bid 102.74$ 100.58$ EARLY DELIVERY UNIT PRICE 92.74$ 90.58$ 80% - 120% UNIT PRICE 90.79$ 89.57$ 120% - 150% UNIT PRICE No Bid 100.79$ 99.57$ EARLY DELIVERY UNIT PRICE 90.79$ 89.57$ 80% - 120% UNIT PRICE 94.98$ 92.77$ 120% - 150% UNIT PRICE No Bid 104.98$ 102.77$ EARLY DELIVERY UNIT PRICE 94.98$ 92.77$ McHenry County Communities (continued) 54 Village of Hebron TONS 300 55 Village of Johnsburg TONS 1,350 58 Village of Spring Grove TONS 450 59 Village of Wonder Lake TONS 500 56 City of McHenry TONS 1,000 57 Village of Richmond TONS 150 24 UNIT OF GOVERNMENT UNITS QUANTITY Salt Xchange Inc.Compass Minerals America, Inc.Morton Salt, Inc. 80% - 120% UNIT PRICE 88.93$ 87.72$ 120% - 150% UNIT PRICE No Bid 98.93$ 97.72$ EARLY DELIVERY UNIT PRICE 88.93$ 87.72$ 80% - 120% UNIT PRICE 86.45$ 86.13$ 120% - 150% UNIT PRICE No Bid 96.45$ 96.13$ EARLY DELIVERY UNIT PRICE 86.45$ 86.13$ 80% - 120% UNIT PRICE 92.45$ 91.20$ 120% - 150% UNIT PRICE No Bid 102.45$ 101.20$ EARLY DELIVERY UNIT PRICE 92.45$ 91.20$ 80% - 120% UNIT PRICE 104.25$ 115.05$ 115.16$ 120% - 150% UNIT PRICE 114.25$ 125.05$ 125.16$ EARLY DELIVERY UNIT PRICE 104.25$ 115.05$ 115.16$ McHenry County Communities (continued) 60 City of Woodstock TONS 1,800 61 Village of Lakewood TONS 950 63 McHenry County DOT TONS 5,000 62 Cary Park District TONS 22 McHenry County DOT ENHANCED SALT 25 Acceptance of Proposal to Furnish Materials and Approval of Award Page 1 of 1 BLR 12330 (Rev. 01/20/23)Completed05/01/24 In accordance with your proposal submitted on Date of Submittal , a copy of which is in our files, you have been awarded the contract for furnishing the following materials required in the Construction or Maintenance of the above designated project. Materials shall be inspected in accordance with current Departmental policies. Local Public Agency City of McHenry County McHenry Street Name/Road Name Various Bidder's Name City of McHenry Bidder's Address 333 S Green Street City McHenry State IL Zip Code 60050 Section Number Item Unit of Measure Quantity Unit Price Amount Bulk Rock Salt Ton 1,000 $92.2800 $92,280.00 Total $92,280.00 Terms Lake County Salt Material Proposal Shipping Instructions Delivery Locations: McHenry PW Facility - 1415 Industrial Drive; McHenry, IL 60050 McHenry WWTP - 3200 Charles Miller Road; McHenry, IL 60050 For Municipal Projects Municipal Official Signature & Date For County And Road District Project Highway Commissioner Signature & Date County Engineer/Superintendent of Highways Signature & Date Illinois Department of Transportation Concurrence in Approval of Award Regional Engineer Signature & Date 26 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 CONSENT AGENDA SUPPLEMENT DATE: May 6, 2024 TO: Mayor and City Council FROM: Steve Wirch, Director of Public Works Greg Gruen, P.E., Staff Engineer RE: Bull Valley Road STP Resurfacing Project MFT Funding Resolution ATT: BLR 09110 Resolution for Improvement Under the Illinois Highway Code ___________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider approval of the Illinois Department of Transportation (IDOT) Bureau of Local Roads (BLR) Resolution for Improvement authorizing the use of Motor Fuel Tax (MFT) funds to pay the City’s required matching contribution of $85,163 for the Bull Valley Road improvement. BACKGROUND: In September 2020, City staff submitted a grant application to the McHenry County Council of Mayors (MCCOM) for the resurfacing of Bull Valley Road from Crystal Lake Ave to the Boone Creek Bridge, a distance of 0.50 miles. On December 15, 2020, the City received notification that the City was awarded $262,139 in federal funding assistance for the project. The City’s local matching requirement will be $85,163 and was approved by City Council on September 18, 2023. The City’s local match includes $24,669.00 for engineering and local match of $60,494.00 (20%) for construction. The federal funding included $20,164.00 for construction engineering and $241,975.00 (80%) for construction. The original project costs including engineering were estimated at $347,302. The project was bid on January 19, 2024, for a total construction cost of $255,964.30, approximately 15% under the engineer’s estimate. If construction can be completed for less than the original budget, both the City’s contribution and the grant funding received will be reduced accordingly. Construction is scheduled to start May 6, 2024, and last for 30 calendar days. ANALYSIS: The City’s agreement with IDOT requires local matching funds up to $85,163.00. The approved City budget funds the required match with MFT dollars. The attached IDOT form is required to authorize the MFT expenditure. 27 RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the Resolution for Improvement authorizing $85,163.00 of Motor Fuel Tax funds for the Bull Valley Road STP project. 28 BLR 09110 (Rev. 01/18/23) Resolution for Improvement Under the Illinois Highway Code Page 1 of 1Printed04/15/24 Resolution Type Original Resolution Number Section Number 21-00091-00-RS BE IT RESOLVED, by the Governing Body Type Council of the Local Public Agency Type City of Name of Local Public Agency McHenry Illinois that the following described street(s)/road(s)/structure be improved under the Illinois Highway Code. Work shall be done by Contract or Day Labor Contract . NoYes Is this project a bondable capital improvement? For Roadway/Street Improvements: Name of Street(s)/Road(s)Length (miles)Route From To Bull Valley Road 0.71 FAU 3860 05.21 05.92 For Structures: Name of Street(s)/Road(s)Existing Structure No.Route Location Feature Crossed BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of The project consist of the removal and replacement of sidewalk, curb and gutter, 2.25" HMA surface removal, Class D patching, aggregate base repair, 3/4" polymerized level binder, 1.5" HMA Surface course and aggregate shoulders. 2. That there is hereby appropriated the sum of Eighty-five Thousand One-hundred and sixty-three $85,163.00 Dollars () for the improvement of said section from the Local Public Agency's allotment of Motor Fuel Tax funds. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) certified originals of this resolution to the district office of the Department of Transportation. I, Name of Clerk Local Public Agency Type City Clerk in and for said Local Public Agency Type City of Name of Local Public Agency McHenry in the State aforesaid, and keeper of the records and files thereof, as provided by statute, do hereby certify the foregoing to be a true, perfect and complete original of a resolution adopted by Governing Body Type Council of Name of Local Public Agency McHenry at a meeting held on Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this Day day of Month, Year . . (SEAL, if required by the LPA)Clerk Signature & Date Approved Regional Engineer Signature & Date Department of Transportation 29 Department of Public Works Steve Wirch, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: May 6, 2024 TO: Mayor and City Council FROM: Steve Wirch, Director of Public Works RE: 2024-2025 Snow Removal Contract, Langton Snow Solutions, Inc. ATT: Contract for execution ___________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider waiving competitive bidding requirements and awarding a 2024-2025 City of McHenry Snow Removal Contract to Langton Snow Solutions, Inc. BACKGROUND: The fiscal year 2024-2025 Public Works Operating Budget includes $50,000 for contracted snow removal services. This service is being funded through an increase in the contractual services portion of the budget, which is balanced by a personnel expenditure reduction generated by staff attrition. Historically, the time off allowances in the Local 150 Operating Engineers Collective Bargaining Agreement have created staffing challenges for Public Works winter operations. The current contract allows for personnel to be unavailable for plowing for the entire weekend if either a Friday or a Monday are taken off. The number of personnel off is capped; however, both ends of a weekend can become stacked with permitted time off requests. These allowances of the current contract can result in a staffing shortfall. To alleviate this effect, Public Works Management has pursued different contractual services to supplement the resources of the operation and ensure that there are no personnel shortfalls for the operation. By contracting one snowplow route, the need for available drivers in the inventory can be reduced by 2 drivers and risks to the staffing of routes can be dramatically reduced. 30 Because of Langton Group’s history of performance on municipal contracts, their history of previous work in the City of McHenry, and the need to commit to a contract early for equipment procurement assurances, staff reached out to Langton Group to negotiate a contract. Staff spoke with Langton Group in spring of this year to negotiate a contract and scope of services for which Langton Group provided a proposed unit price that included a 5% increase from last year and supplemental conditions to the City’s standard contract purchase order. ANALYSIS: The contract is based upon a unit price of $162.75/hour which includes a driver, truck, and deicing chemical application. Salt will be loaded and provided by the City of McHenry Public Works Department during routine snow removal operations. The contracted hours of 230 for the season are based upon historical snow removal hour data averaged over each snow removal route. The contract includes a 65% retainer to be paid by the end of the season. The pricing and retainer have been negotiated with Langton by staff, have been found to be acceptable, and are recommended for approval. RECOMMENDATION: Therefore, if Council concurs, it is recommended to waive competitive bidding requirements and award the contract to Langton Snow Solutions, Inc. in the amount of $37,432.50 with a 65% retainer of $24,331.12. Actual costs may vary and will be based upon the amount of snow events for which services are necessary. 31 32 33 34 35 36 Department of Public Works Steve Wirch, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: May 6, 2024 TO: Mayor and City Council FROM: Steve Wirch, Director of Public Works RE: 2024 Fire Hydrant Painting Program, Contract Award ATT: Bid Tabulation, Hydrant Acceptance Agreement ______________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding the 2024 Hydrant Painting Program contract to GO Painters, Inc. of Maywood, Illinois. BACKGROUND: The City of McHenry owns and operates a public water system which includes approximately 1,600 fire hydrants. On an annual basis, the Public Works Department attempts to sandblast and paint approximately 20% of these hydrants to keep them on a 5-year painting rotation. This painting allows for the maintenance of hydrants to address weathering and corrosion issues as well as maintain their visibility for quick access by the local Fire Department. In years past, this painting process has been self-performed. However, due to staffing limitations and risk management concerns related to OSHA respiratory protection requirements, staff is recommending that this operation be subcontracted. Funding for this program is included in the contractual services portion of the Water Division operating budget (Account 510-31-5110). In 2022, the City of McHenry led a joint bidding process with other local partners including: the City of Crystal Lake, the Village of Lakewood, and the Huntley School District. The City of McHenry acted as lead agency by coordinating the preparation of bid specifications and performing bidding services. The proposal requested three-year pricing, which is shown on the attached bid tabulation. 37 ANALYSIS: Sealed bids for 2022 Fire Hydrant Painting Program were received on April 20, 2022. The bid quantity was 325 hydrants each, and contractors provided a per each unit price. The City of McHenry results at 2024 (Year 3) unit price are listed below: • GO Painters, Inc. $34,775.00 ($107.00/Hydrant) • Muscat Painting and Decorating $38,671.75 ($118.99/Hydrant) RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the bid award for the 2024 Hydrant Painting Program contract to GO Painters, Inc. of Maywood, Illinois, in the amount of $34,775.00 (actual amount may vary based on final measured quantities). This program will be funded through the Water Division Contractual Account (510-31-5110). 38 City of McHenry TABULATION OF BIDS Department of Public Works 1415 Industrial Drive Project:MCMPI Hydrant Painting Program (2022-2024) McHenry, IL 60050 Proposal Opening: Wednesday, April 20, 2022, 10:00 AM 815-363-2186 Name of Bidder: Address of Bidder: Proposal Guarantee:Bid Bond Bid Bond City of McHenry Item Unit Quanity Unit Price Total Unit Price Total Year 1 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 325 $ 98.00 $ 31,850.00 $ 107.78 $ 35,028.50 Year 2 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 325 $ 102.00 $ 33,150.00 $ 112.94 $ 36,705.50 Year 3 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 325 $ 107.00 $ 34,775.00 $ 118.99 $ 38,671.75 $ 99,775.00 $ 110,405.75 City of Crystal Lake Item Unit Quanity Unit Price Total Unit Price Total Year 1 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 400 $ 98.00 $ 39,200.00 $ 107.78 $ 43,112.00 Year 2 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 400 $ 102.00 $ 40,800.00 $ 112.94 $ 45,176.00 Year 3 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 400 $ 107.00 $ 42,800.00 $ 118.99 $ 47,596.00 $ 122,800.00 $ 135,884.00 Village of Lakewood Item Unit Quanity Unit Price Total Unit Price Total Year 1 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 75 $ 98.00 $ 7,350.00 $ 107.78 $ 8,083.50 Year 2 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 75 $ 102.00 $ 7,650.00 $ 112.94 $ 8,470.50 Year 3 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 75 $ 107.00 $ 8,025.00 $ 118.99 $ 8,924.25 $ 23,025.00 $ 25,478.25 Huntley School District Item Unit Quanity Unit Price Total Unit Price Total Year 1 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 50 $ 98.00 $ 4,900.00 $ 107.78 $ 5,389.00 Year 2 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 50 $ 102.00 $ 5,100.00 $ 112.94 $ 5,647.00 Year 3 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 50 $ 107.00 $ 5,350.00 $ 118.99 $ 5,949.50 $ 15,350.00 16,985.50$ Unit Price As Read Bids Unit Price $ 98.00 Year 1 $ 107.78 $ 102.00 Year 2 $ 112.94 $ 107.00 Year 3 $ 118.99 LOW BIDDER GO Painters Inc. Muscat Painting & Decorating 555 Ashland Avenue, East Dundee, IL 60118 500 N. 6th Avenue, Maywood, IL 60153 39 40 Department of Public Works Steve Wirch, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: May 6, 2024 TO: Mayor and City Council FROM: Steve Wirch, Director of Public Works Greg Gruen, P.E., Staff Engineer RE: Pavement Management Study ATT: ARA Proposal AGENDA ITEM SUMMARY: Staff requests that City Council consider awarding a contract to Applied Research Associates, Inc. (ARA) to perform a Pavement Management Report for a fixed price of $83,400. BACKGROUND: In 2019, the City received a grant to perform a Pavement Management Report for the City’s 130 centerline miles of roads. The grant was 100% funded by the Chicagoland Metropolitan Agency for Planning (CMAP) and the work was performed by ARA. This current proposal before Council is to update the report in its entirety. The scope of work will include driving all 130 miles of City streets with a Digital Survey Vehicle with laser scanning technology to determine the amount and severity of the pavement failures and rank each road segment with a Pavement Condition Index (PCI) score from 100 (best) to 1 (worst). The consultant will then input the road condition data into their PAVER software to determine the impact of the city’s road condition based on several annual funding scenarios ranging from $0 (do nothing) to $3,000,000/yr. The analysis will include recommendations for different road rehabilitation techniques from crack-filling to full depth removal and replacement. The scope of work will also include a final deliverable report as well shape files to incorporate into the City’s GIS database. The City has made tremendous progress improving the road network over the last 5 years, having repaved 26% of our street network, for a total of 34 centerline miles. Nevertheless, staff consistently receives inquiries from residents and Council members about when specific roads will be paved. This report will re-inventory all of the city streets and determine an up-to-date PCI that staff will use to develop the next 5-year road program from 2026 to 2030. ANALYSIS: The equipment and specialized expertise required to perform this work is outside of our prequalified pool of engineering firms. As a result, staff solicited proposals from three well-known firms; however, only two responded with price quotations and proposals. 41 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. A summary is as follows: Applied Research Associates, Inc. (ARA) $83,400 Applied Pavement Technology, Inc. $99,192 Infrastructure Management Services (IMS) No Proposal Since ARA performed the 2019 study, their firm is most qualified to perform the work. Their familiarity with McHenry allowed them to eliminate start-up costs and provide a competitive proposal. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award a contract to Applied Research Associates, Inc. (ARA) in the amount of $83,400.00 to perform the 2024 Pavement Management Study. 42 City of McHenry Professional Services Contract Revised 5/22/17 Professional Services Contract Between The City Of McHenry And Applied Research Associates,Inc. for Pavement Management Report 43 City of McHenry Professional Services Contract Revised 5/22/17 Professional Services Contract Between The City of McHenry And Applied Research Associates, Inc. For Professional Engineering Services For Pavement Management Report TABLE OF CONTENTS Page ARTICLE 1. THE SERVICES ........................................................................................................ 1 1.1 Intent ........................................................................................................................ 1 1.2 Services .................................................................................................................... 1 1.3 Project Time ............................................................................................................ 1 1.4 Term; Extensions ..................................................................................................... 1 1.5 Other Contracts ........................................................................................................ 1 1.6 Responsibility of Consultant to Perform ................................................................. 1 1.7 Financial Ability to Perform. ................................................................................... 2 ARTICLE 2. COMPENSATION AND PAYMENT ...................................................................... 2 2.1 Pricing Schedule ...................................................................................................... 2 2.2 Monthly Payment; Invoices ..................................................................................... 2 2.3 Taxes ........................................................................................................................ 2 2.4 Final Payment. ......................................................................................................... 2 2.5 Deductions ............................................................................................................... 3 2.6 Use of Deducted Funds ........................................................................................... 3 2.7 Keeping Books and Accounts ................................................................................. 3 ARTICLE 3. PERFORMANCE OF SERVICES ............................................................................ 3 3.1 Standard of Performance ......................................................................................... 3 3.2 Correction of Defects............................................................................................... 3 3.3 Risk of Loss ............................................................................................................. 4 3.4 Opinions of Probable Cost ....................................................................................... 4 3.5 City Responsibilities ................................................................................................ 4 3.6 Time of the Essence. ................................................................................................ 5 44 City of McHenry Professional Services Contract Revised 5/22/17 3.7 Suspension of Services ............................................................................................ 5 ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS ............................................................ 5 4.1 Services Change Orders .......................................................................................... 5 4.2 Revision Notices ...................................................................................................... 5 4.3 No Change in Absence of Services Change Order .................................................. 5 4.4 Delays ...................................................................................................................... 5 ARTICLE 5. INSURANCE ............................................................................................................ 6 5.1 Insurance. ................................................................................................................. 6 5.2 Scope of Coverage; Minimum Limits of Coverage................................................. 6 5.3 Deductibles and Self-Insured Retentions ................................................................ 6 5.4 Additional Requirements ......................................................................................... 6 5.5 Verification of Coverage ......................................................................................... 7 5.6 Sub-Consultants and Suppliers ................................................................................ 8 ARTICLE 6. INDEMNIFICATION ............................................................................................... 8 6.1 Agreement to Indemnify .......................................................................................... 8 6.2 No Limit Based on Insurance .................................................................................. 8 6.3 Withholding Payment .............................................................................................. 8 6.4 Limit on Duty to Indemnify ..................................................................................... 8 ARTICLE 7. ARBITRATION ........................................................................................................ 8 7.1 Arbitration ............................................................................................................... 8 ARTICLE 8. TERMINATION ....................................................................................................... 9 8.1 Contract is At-Will. ................................................................................................. 9 8.2 Termination by City for Breach. .............................................................................. 9 8.3 City Remedies .......................................................................................................... 9 8.4 Termination by Consultant for Breach. ................................................................... 9 ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS ......................... 9 9.1 Consultant as Independent Consultant .................................................................. 10 9.2 Compliance with Laws; Communications with Regulators .................................. 10 9.3 Permits and Licenses ............................................................................................. 10 9.4 Safety; Hazardous Materials .................................................................................. 10 9.5 Ownership of Data and Documents ....................................................................... 10 9.6 Notices ................................................................................................................... 10 9.7 No Waiver by City. ................................................................................................ 10 9.8 No Third-Party Beneficiaries ................................................................................. 11 45 City of McHenry Professional Services Contract Revised 5/22/17 9.9 Survival of Terms .................................................................................................. 11 9.10 Assignments. ......................................................................................................... 11 9.11 Amendments .......................................................................................................... 11 9.12 Governing Law ...................................................................................................... 11 9.13 Compliance with Laws, Grant Regulations ........................................................... 11 9.14 Representation of No Conflicts ............................................................................. 11 9.15 No Collusion. ......................................................................................................... 11 46 City of McHenry Professional Services Contract -1- Professional Services Contract Between The City of McHenry And Applied Research Associates, Inc. For Professional Engineering Services for Pavement Management Report This contract (the “Contract”) is dated as of May 6, 2024 (the “Effective Date”) and is by and between the City of McHenry, an Illinois municipal corporation, (the “City”) and Applied Research Associates, Inc. (ARA) (the “Consultant”). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE 1. THE SERVICES 1.1 Intent. It is the intent of the parties that this Contract govern the relationship of the parties. 1.2 Services. The Consultant will perform for the City the following services (the “Services”): Perform a pavement Management Report and Study in accordance with ARA’s proposal dated February 1, 2024 (Attached – Exhibit A) 1.3 Project Time. The Services will be performed according to the following schedule (“Project Schedule”): The Services will be completed on or before February 28, 2025 (the “Completion Date”). The Completion Date shall be effective for substantial completion all design services. Bidding Services and Construction Support shall be completed after the date of substantial completion in coordination with construction of the project. 1.4 Term; Extensions. This Contract commences on the Effective Date and terminates on April 30, 2025 unless terminated earlier pursuant to Article 8 of this Contract (the “Term”). All terms of this Contract, including without limitation pricing terms, are firm during the Term, unless as embodied in an amendment to this Contract in accordance with Section 9.15. The Parties may extend this Contract for two additional one-year periods (each an “Extended Term”). Pricing terms may be adjusted by written agreement at the beginning of an Extended Term. 1.5 Other Contracts. The City may enter into agreements with other consultants, pursuant to which the City may award work from time to time at the City’s discretion. 1.6 Responsibility of Consultant to Perform. The Consultant must provide all personnel necessary to complete the Services. The Consultant must perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the City in writing. All sub-consultants and supplies used by the Consultant in the performance of Services must be acceptable to, and approved in advance by, the City. The City’s 47 City of McHenry Professional Services Contract -2- approval of any sub-consultant or supplier will not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services in full compliance with, and as required by or pursuant to, this Contract. All Services performed by any sub-consultant or supplier are subject to all of the provisions of this Contract in the same manner as if performed directly by the Consultant. If any sub-consultant or supplier fails to properly perform any Services undertaken by it in compliance with this Contract, then the Consultant, immediately on notice from the City, must remove that sub-consultant or supplier and undertake the Services itself or replace the sub- consultant or supplier with a sub-consultant or supplier acceptable to the City. The Consultant will have no claim for damages, for compensation in excess of the Compensation, or for delay or extension of the Project Schedule as a result of any such removal or replacement. 1.7 Financial Ability to Perform. When executing this Contract, the Consultant represents and declares that it is financially solvent, has the financial resources necessary, has sufficient experience and competence, and has the necessary capital, facilities, organization, and staff necessary to provide, perform, and complete the Services set forth in this Contract in full compliance with, and as required by or pursuant to, this Contract. ARTICLE 2. COMPENSATION AND PAYMENT 2.1 Pricing Schedule. As compensation for the performance of the Services (“Compensation”), the City will pay the Consultant the following amounts and in the following manner: Fix fee price of $83,400 per the proposal. Except for the Compensation, the City will have no liability for any expenses or costs incurred by the Consultant. 2.2 Monthly Payment; Invoices. The Compensation will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis, a written invoice for payment for completed work. The City may specify the specific day of the month on or before which invoices must be filed. Each invoice must be accompanied by receipts, vouchers, and other documents as necessary to reasonably establish the Consultant’s right to payment of the Compensation stated in the invoice. In addition, each invoice must include (a) employee classifications, rates per hour, and hours worked by each classification and, if the Services are to be performed in separate phases, for each phase, (b) total amount billed in the current period and total amount billed to date and, if the Services are to be performed in separate phases, for each phase, and (c) the estimated percent completion of the Services and, if the Services are to be performed in separate phases, for each phase. 2.3 Taxes. The Compensation includes applicable federal, State of Illinois, and local taxes of every kind and nature applicable to the services provided by the Consultant and all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. The Consultant will never have a claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees. 2.4 Final Payment. The Services will be considered complete on the date of final written acceptance by the City of the Services or the relevant phase of the Services. Services related to a submission of the Consultant will be deemed accepted by the City if the City does not object to those 48 City of McHenry Professional Services Contract -3- Services in writing within 30 days after the submission by the Consultant of an invoice for final acceptance and payment The City will make final payment to the Consultant within 30 days after final acceptance of the Services, after deducting therefrom charges, if any, as provided in this Contract (“Final Payment”). The acceptance by the Consultant of Final Payment will operate as a full and complete release of the City by the Consultant of and from any and all lawsuits, claims, or demands for further payment of any kind for the Services encompassed by the Final Payment. 2.5 Deductions. Notwithstanding any other provision of this Contract, the City may deduct and withhold from any payment or from Final Payment such amounts as may reasonably appear necessary to compensate the City for any loss due to (1) Services that are defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the Consultant or the City made by any of the Consultant’s sub-consultants or suppliers or by other persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of the Services, the cost to the City, including without limitation reasonable attorneys’ fees, of enforcing the terms of this Contract. The City will notify the Consultant in writing of the City’s determination to deduct and withhold funds, which notice will state with specificity the amount of, and reason or reasons for, such deduction and withholding. 2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in question or has furnished security for that performance satisfactory to the City. The City will be entitled to apply any money withheld or any other money due to the Consultant to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and reasonable attorneys’ fees (collectively “Costs”) incurred, suffered, or sustained by the City and chargeable to the Consultant under this Contract. 2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and other records of all its billable charges and costs incurred in performing Services in accordance with generally accepted accounting practices, consistently applied, and in such manner as to permit verification of all entries. The Consultant must make all such material available for inspection by the City, at the office of the Consultant during normal business hours during the Term and for a period of five years after termination of this Contract. Copies of such material must be furnished to the City at the City’s request and expense. ARTICLE 3. PERFORMANCE OF SERVICES 3.1 Standard of Performance. The Consultant must perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the Chicago Metropolitan Region (“Standard of Performance”). The Consultant is fully and solely responsible for the quality, technical accuracy, completeness, and coordination of all Services. All plans and other documents furnished by the Consultant shall be endorsed and stamped with professional seals when such seals are required by law. 3.2 Correction of Defects. The Consultant must provide, for no additional Compensation and at no separate expense to the City, all work required to correct any defects or deficiencies in the performance of Services, regardless of whether the defect or deficiency relates to the work of the Consultant or of the Consultant’s sub-consultants or suppliers. 3.3 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The Consultant is responsible for any and all damages to property or persons arising from any Consultant 49 City of McHenry Professional Services Contract -4- error, omission, or negligent act and for any losses or costs to repair or remedy any work undertaken by the City based on the Services as a result of any such error, omission, or negligent act. Notwithstanding any other provision of this Contract, the Consultant’s obligations under this Section 3.3 exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the Consultant, to indemnify, hold harmless, or reimburse the Consultant for damages, losses, or costs. 3.4 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor the City has control over the costs of labor, materials, equipment, or services furnished by others or over competitive bidding, market or negotiating conditions, or construction contractors’ methods of determining their prices. Accordingly, any opinions of probable costs provided under this Contract are considered to be estimates only, made on the basis of the Consultant’s experience and qualifications, and those opinions represent the Consultant’s best judgment as an experienced and qualified professional, familiar with the industry. The Consultant does not guaranty that proposals, bids, or actual costs will not vary from the opinions prepared by the Consultant. 3.5 City Responsibilities. The City, at its sole cost and expense, will have the following responsibilities: (a) To designate in writing a person with authority to act as the City’s representative with respect to the Services. In the absence of a written designation, the City’s representative will be the City Administrator. The City’s representative will have the authority to act on behalf of the City except on matters that require approval of the City Council. (b) To provide to the Consultant all criteria and information about the requirements for the Services, including, as relevant, the City’s objectives and constraints, schedule, space, capacity and performance requirements, and budgetary limitations. (c) To provide to the Consultant existing studies, reports, and other available data relevant to the Services. (d) To arrange for access to, and make provisions for the Consultant to enter on, public and private property as reasonably required for the Services. (e) To provide, as relevant, surveys describing physical characteristics, legal limitations, and utility locations for the Services and the services of other consultants when the services of other consultants are requested by the Consultant and are necessary for the performance of the Services. (f) To provide structural, mechanical, chemical, air and water tests, tests for hazardous materials, and other laboratory and environmental tests, inspections, and reports required by law to be provided by the City in connection with the Services, except the extent such tests, inspections, or reports are part of the Services. (g) To review reports, documents, data, and all other information presented by the Consultant as appropriate. (h) To provide approvals from all governmental authorities having jurisdiction over the Services when requested by the Consultant, except the extent such approvals are part of the Services. 50 City of McHenry Professional Services Contract -5- (i) To provide, except as provided under Article 5 and Article 6 of this Contract, all accounting, insurance, and legal services as may be necessary from time to time in the judgment of the City to protect the City’s interests with respect to the Services. (j) To attend meetings related to the Services. (k) To give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Services, except that the inability or failure of the City to give any such a notice will not relieve the Consultant of any of its responsibilities under this Contract. 3.6 Time of the Essence. Time is of the essence for the Services and all activities with regard to the performance of the Services. 3.7 Suspension of Services. The City, at any time and for any reason, may suspend work on any or all Services by issuing a written work suspension notice to the Consultant. The Consultant must stop the performance of all Services within the scope of the suspension notice until the City directs the Consultant in writing to resume performance. ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 4.1 Services Change Orders. The City, from time to time, may issue a written order modifying or otherwise changing the scope of the Services included in a Services Change Order (a “Services Change Order”). Any Services Change Order in an amount exceeding $10,000 must be approved by the City Council. The Services Change Order will be generally in the form attached to and by this reference incorporated into this Contract as Attachment A. The Consultant may request a Services Change Order based on a claimed material change to any Services performed under this Contract. A Services Change Order may include additions to and deletions from the Services and will include requested equitable increases or decreases to the Compensation. 4.2 Revision Notices. Within three (3) days after the date of a Services Change Order, and in any event before the Consultant begins work on any changed Services, the Consultant must notify the City in writing if the Consultant desires a revision to the Services Change Order (a “Revision Notice”). The Revision Notice must clearly state the Consultant’s requested revisions and the reasons for the revisions. If the City agrees to any revision, then the City will issue a revised Services Change Order in a form acceptable to the Parties. If the Consultant does not submit a Revision Notice within the (3) -day period, then the Consultant will be deemed to have accepted the Services Change Order and the Services Change Order will be final. 4.3 No Change in Absence of Services Change Order. No claim for an adjustment in Compensation or Project Schedule will be made or allowed unless it is embodied in a Services Change Order signed by the City and the Consultant. If the Consultant believes it is entitled to an adjustment in the Compensation or Project Schedule terms that has not been included, or fully included, in a Services Change Order, then the Consultant may submit to the City a written request for the issuance of, or revision of, a Services Change Order including the desired adjustment. The Consultant’s request must be submitted before the Consultant proceeds with any Services for which an adjustment is desired. 4.4 Delays. If a delay in providing Services results from one or more causes that could not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension of the Project Schedule for a period of time equal to that delay, or an adjustment in Compensation 51 City of McHenry Professional Services Contract -6- for extra costs related to the delay, or both. The Consultant must notify the City in writing within 3 days after the start of the delay and again in writing within 3 days after the delay has ended (the “Delay Period”). The first notice must state the cause or causes of the delay and the impact of the delay on providing Services. The second notice must state the cause or causes of the delay, the length of the day, the reasons why the delay disrupted performance of the Services and the Consultant’s request, if any, for a change in Compensation or Project Schedule. If the Consultant fails to submit notices as provided in this Section 4.5, then the Consultant will be deemed to have waived any right to an adjustment in Compensation for the Services. ARTICLE 5. INSURANCE 5.1 Insurance. The Consultant must procure and maintain, for the duration of this Contract, insurance as provided in this Article 5. 5.2 Scope of Coverage; Minimum Limits of Coverage. (a) Commercial General Liability. Insurance Services Office (“ISO”), or reasonable equivalent, Commercial General Liability occurrence form CG 0001, with the City and its officials, officers, employees, and agents named as additional insured on Insurance Service Office (ISO) Additional Insured Endorsement CG 2010 (Exhibit A) or CG 2026 (Exhibit B). Coverage must be at least $1,000,000 combined single limit per occurrence for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The general aggregate must be twice the required occurrence limit. Minimum General Aggregate must be no less than $2,000,000 or a project- contract specific aggregate of $1,000,000. (b) Automobile Liability. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 “Any Auto.” Coverage must be at least $1,000,000 combined single limit per accident for bodily injury and property damage. (c) Professional Liability. Indemnification and for injury or damage arising out of negligent acts, errors, or omissions in providing professional services, including without limitation: (i) preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, designs or specifications and (ii) providing direction, instruction, supervision, inspection, or engineering services or failing to provide them, if that is the primary cause of injury or damage. Coverage must be at least $1,000,000 each claim with respect to negligent acts, errors, and omissions in connection with all professional services to be provided under this Contract. (d) Workers’ Compensation and Employers’ Liability. Workers’ Compensation as required by the Workers’ Compensation Act of the State of Illinois and Employers’ Liability insurance. Coverage must be at least Workers’ Compensation Coverage with statutory limits and Employers’ Liability limits of $500,000 per accident. 5.3 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer must reduce or eliminate such deductibles or self-insured retentions with respect to the City and its officials, officers, employees, and agents or the Consultant must procure a bond guaranteeing payment of losses and related investigation, claim administration, and Consultant defense expenses. 5.4 Additional Requirements. The insurance policies must contain, or be endorsed to contain, the following provisions: 52 City of McHenry Professional Services Contract -7- (a) Commercial General Liability and Automobile Liability Coverage. The City and its officials, officers, employees must be covered as additional insured as respects: liability arising out of the Consultant’s work, including without limitation activities performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must contain no special limitations on the scope of protection afforded to the City or its officials, officers, employees, and agents. (b) Primary Coverage. The insurance coverage must be primary with respect to the City and its officials, officers and employees. Any insurance or self-insurance maintained by the City and its officials, officers, employees, and agents will be excess of the Consultant’s insurance and will not contribute with it. (c) Severability of Interests/Cross Liability. The insurance must contain a Severability of Interests/Cross Liability clause or language stating that the insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s ability. (d) Umbrella Policies. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not “follow form,” then the Consultant must name the City and its officials, officers and employees, as additional insured under the umbrella policy. (e) Occurrence Form. All general liability coverage must be provided on an occurrence policy form. Claims-made general liability policies are not acceptable. (f) Workers’ Compensation and Employers’ Liability Coverage. The insurer must agree to waive all rights of subrogation against the City and its officials, officers, employees, and agents for losses arising from work performed by the Consultant. (g) Professional Liability. If the policy is written on a claims-made form, the retroactive date must be equal to or preceding the effective date of this Contract. If the policy is cancelled, non- renewed, or switched to an occurrence form, then the Consultant must purchase supplemental extending reporting period coverage for a period of not less than three years after the date of substantial completion. (h) All Coverage. Each insurance policy required must have the City expressly endorsed onto the policy as a Cancellation Notice Recipient. If a policy is canceled before the expiration date of that policy, then notice must be delivered to the City in accordance with the policy provisions prior to the expiration date. (i) Acceptability of Insurers. Insurance must be placed with insurers with a Best’s rating of no less than A-, VII and licensed to do business in the State of Illinois. (j) Waiver of Limitation. The Consultant hereby agrees to waive any limitation as to the amount of contribution recoverable against it by the City. This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers’ Compensation Act provision that applies a limitation to the amount recoverable in contribution, such as Kotecki v. Cyclops Welding. Each sub-consultant also must agree to this waiver. 5.5 Verification of Coverage. The Consultant must furnish the City with certificates of insurance naming the City and its officials, officers, employees, and agents as additional insured and 53 City of McHenry Professional Services Contract -8- with original endorsements affecting coverage required by this Article 5. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City or may be ISO Additional Insured Endorsements CG 2010 or CG 2026, or reasonable equivalent, and in any event must be received and approved by the City before any work commences. The City reserves the right to request a full certified copy of each insurance policy and endorsement. 5.6 Sub-Consultants and Suppliers. The Consultant must include all sub-consultants as insured under its policies or must furnish separate certificates and endorsements for each sub- consultant. All coverage for sub-consultants are subject to all of the requirements stated in this Article 5. ARTICLE 6. INDEMNIFICATION 6.1 Agreement to Indemnify. To the fullest extent permitted by law, the Consultant hereby agrees to indemnify and, at the City’s request, defend the City and its officials, employees, agents, and representatives (collectively the “Indemnified Parties”) against all injuries, deaths, loss, damages, claims, patent claims, lawsuits, liabilities, judgments, costs, and expenses, including attorney fees incurred by the City (collectively “Claims”), that may in any way accrue against the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the negligent or intentionally tortious performance of any services by the Consultant or its employees or sub- consultants or that may in any way result therefrom, except only Claims arising out of the sole legal cause of the City. In addition, Consultant hereby agrees to indemnify the City with regard to any damages, costs and expenses, including attorney fees incurred by the City for any failure by the Consultant to comply with insurance reporting provisions of any Consultant insurance policy adversely affecting coverage provided to the indemnified parties. 6.2 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees that any performance bond or insurance policy required by this Contract, or otherwise provided by the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified Parties or any one of them. 6.3 Withholding Payment. To the extent that any payment is due to the Consultant under this Contract, the City may withhold that payment to protect itself against any Indemnified Claims until all claims, suits, or judgments have been settled or discharged and evidence to that effect has been furnished to the satisfaction of the City. 6.4 Limit on Duty to Indemnify. The Consultant is not required to indemnify an Indemnified Party to the extent a Claim resulted solely from the negligence or willful misconduct of the Indemnified Party. ARTICLE 7. ARBITRATION 7.1 Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as determined in the exclusive discretion of the City, at 333 N. Green St. McHenry, Illinois, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that an arbitration award by default may be entered upon the party failing to appear or defend itself in any arbitration proceeding. In the event of any arbitration or litigation of this Contract, the non-prevailing party, as determined by the arbiter or court, shall pay all expenses 54 City of McHenry Professional Services Contract -9- incurred by the prevailing party, including, but not limited to (a) attorney’s fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation. ARTICLE 8. TERMINATION 8.1 Contract is At-Will. This Contract is at-will and may be terminated by the City at any time at the City’s convenience, without reason or cause. If the City terminates this Contract without reason or cause, then the Consultant will be entitled to Compensation for all Service performed by the Consultant up to the date of termination. The Consultant is not entitled to any consequential damages, including without limitation for lost profit, for any Services not performed by the Consultant. 8.2 Termination by City for Breach. The City at any time, by written notice providing Consultant with 10 days’ to cure any alleged breach hereof, may terminate this Contract of breach by the Consultant and of one or more terms of this agreement. “Breach” by the Consultant includes (a) failure of the Consultant to adhere to any terms or conditions of this Contract, (b) failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain progress in the performance of Services so as to endanger proper performance of the Services within the Project Schedule, (d) failure of the Consultant to have or maintain adequate resources to complete any Services. 8.3 City Remedies. If the City terminates this Contract for Breach by the Consultant, then the City will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: (a) The City may recover from the Consultant any and all costs, including without limitation reasonable attorneys’ fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. (b) The City may withhold any or all outstanding Compensation to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys’ fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. In that event, the City will pay any excess funds to the Consultant, if any, after all of the City’s costs are reimbursed or paid. If the Compensation withheld by the City is insufficient to reimburse the City for, or pay, all costs, then the City will has the right to recover directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining costs. 8.4 Termination by Consultant for Breach. The Consultant at any time, by written notice, terminate this Contract on account of failure by the City to properly pay the Consultant and failure of the City to cure the breach within 10 days after that written notice or such further time as the Consultant may agree, in the Consultant’s sole discretion, in response to a written notice from the City seeking additional time to cure. 55 City of McHenry Professional Services Contract -10- ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 9.1 Consultant as Independent Consultant. For purposes of this Contract, the Consultant is an independent consultant and is not, and may not be construed or deemed to be an employee, agent, or joint venturer of the City. 9.2 Communications with Regulators. Any written communication by Consultant directly with applicable governmental regulatory agencies with regard to Services shall be copied to the City. 9.3 Permits and Licenses. The Consultant must obtain and pay for all permits and licenses, registrations, qualifications, and other governmental authorizations required by law that are associated with the Consultant’s performance of Services. 9.4 Safety; Hazardous Materials. (a) Protection of Health, Environment. The Consultant’s personnel must be experienced and properly trained to perform the Services and must take adequate precautions to protect human health and the environment in the performance of Services. (b) Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous condition relating to the Services, then the Consultant must bring that condition to the attention of the City. (c) Hazardous Materials. The Consultant acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law (“Hazardous Materials”) at a project site or otherwise associated with Services, and the Consultant under those circumstances must take appropriate precautions to protect its employees, sub-consultants, and suppliers. 9.5 Ownership of Data and Documents. All data and information, regardless of its format, developed or obtained under this Contract (collectively “Data”), other than the Consultant’s confidential information, will be and remain the sole property of the City. The Consultant must promptly deliver all Data to the City at the City’s request. The Consultant is responsible for the care and protection of the Data until that delivery. The Consultant may retain one copy of the Data for the Consultant’s records subject to the Consultant’s continued compliance with the provisions of this Article. The City hereby indemnifies the Consultant for damages caused by the City’s misuse or reuse of Data not originally intended. 9.6 Notices. Any notice or communication required by this Contract will be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid, with the U.S. Postal Service and addressed as follows: If to the City: with a copy to: City Administrator Public Works Director City of McHenry Public Works Department 333 S. Green Street 1415 Industrial Drive McHenry, Illinois 60050 McHenry, Illinois 60050 56 City of McHenry Professional Services Contract -11- If to the Consultant: with a copy to: or to such other address as the party to whom notice is to be given has furnished in writing. 9.7 No Waiver by City. No act, order, approval, acceptance, or payment by the City, nor any delay by the City in exercising any right under this Contract, will constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or incomplete Services or operate to waive any requirement or provision of this Contract or any remedy, power, or right of the City. 9.8 No Third-Party Beneficiaries. This Contract is for the benefit of the City and the Consultant only and there can be no valid claim made or held against the City or the Consultant by any third party to be a beneficiary under this Contract. 9.9 Survival of Terms. The following sections will survive the termination of this Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9. 9.10 Assignments. The Consultant may not assign or transfer any term, obligation, right, or other aspect of this Contract without the prior express written consent of the City. If any aspect of this Contract is assigned or transferred, then the Consultant will remain responsible to the City for the proper performance of the Consultant’s obligations under this Contract. The terms and conditions of any agreement by the Consultant to assign or transfer this Contract must include terms requiring the assignee or transferee to fully comply with this Contract unless otherwise authorized in writing by the City. 9.11 Amendments. This Contract may be amended only in writing executed by the City and the Consultant. 9.12 Governing Law. The validity, construction, and performance of this Contract and all disputes between the parties arising out of or related to this Contract will be governed by the laws of the State of Illinois without regard to choice or conflict of law rules or regulations. 9.13 Compliance with Laws, Grant Regulations. All Services must be provided, performed, and completed in accordance with all applicable governmental permits, licenses, or other approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The Consultant also must comply with applicable conditions of any federal, state, or local grant received by the City with respect to this Contract. The Consultant will be solely responsible for any fines or penalties that may be imposed or incurred by a governmental agency with jurisdiction over the Services as a result of the Consultant’s improper performance of, or failure to properly perform, any Services. 9.14 Representation of No Conflicts. The Consultant represents that, to the best of its knowledge, (1) no City employee or agent is financially interested, directly or indirectly, in the business of the Consultant or this Contract, (2) as of the Effective Date neither the Consultant nor any person employed by the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Contract, and (3) neither the Consultant nor any person employed by or associated with the Consultant may at any time during the Term obtain or 57 City of McHenry Professional Services Contract -12- acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract. 9.15 No Collusion. The Consultant represents that the Consultant is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is properly contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33E-3 or Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Contract and that this Contract is made without collusion with any other person, firm, or corporation. WHEREFORE, the City and the Consultant have caused this Contract to be executed by their duly authorized representatives as of the Effective Date. CITY OF MCHENRY By: Name: _________ _____________________________ Title: _______________________________________ Date: _______________________________________ Applied Research Associates, Inc. By: Name: _______________________________________ Title: _______________________________________ Date: _______________________________________ 58 City of McHenry Professional Services Contract -1- ATTACHMENT A SERVICES CHANGE ORDER NO. In accordance with Section 4.1 of the Contract dated , 20 between the City and the Consultant, the Parties agree to the following Services Change Order: 1. Change in Services: 2. Change in Project Schedule (attach schedule if appropriate): 3. Change in Completion Date: All Services must be completed on or before: , 20 4. Change in Compensation: ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED. CITY CONSULTANT [City’s project representative] Signature Name (Printed or Typed) , 20 , 20 Date Date If compensation change greater than $10,000, then City Administrator signature required. , 20 . City Administrator Date If compensation change greater than $20,000, then City Council approval and Mayor signature required. , 20 . Mayor Date 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Department of Public Works Steve Wirch, Public Works Director 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: May 6, 2024 TO: Mayor and City Council FROM: Steve Wirch, Public Works Director RE: 2024 Thermoplastic Pavement Marking Program ATT: McHenry County Bid Tabulation Contract For Execution _____________________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a contract to Superior Road Striping, Inc. for the 2024 City of McHenry Thermoplastic Pavement Marking Program. BACKGROUND: On an annual basis, the Public Works Department completes pavement markings of longitudinal lines, crosswalks, stop bars, and turn lanes on a multi-year schedule. This work is funded out of the Street Division Operating Budget (Contractual Account) and is completed on a contractual basis. The City of McHenry partnered with McHenry County and several local municipal agencies to issue a joint bid request. McHenry County facilitated the bid specifications and solicitation. Bids were opened on April 17, 2024. ANALYSIS: Sealed bids for the 2024 Thermoplastic Pavement Marking Program were received on April 17, 2024. The City of McHenry Tabulation based upon quantities awarded under this contract yields the following results: • Superior Road Striping, Inc. $42,886.70 • Precision Pavement Markings, Inc. $45,776.00 Two prospective bidders submitted pricing on this proposal. Pricing is the anticipated amount that was budgeted for in the Fiscal Year 2024/25 Budget. Therefore, it is recommended that the City Council authorize staff to proceed with the awarding of this contract. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the bid award for the 2024 Thermoplastic Pavement Marking contract to Superior Road Striping, Inc. in an amount of $42,886.70 (actual amount may vary based on final measured quantities). This project will be funded through the Street Division Contractual Account (100-33-5110). 75 Item Engineer's Estimate No.Items Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Thermo Pvt Mkgs-Line 4"ft 198,957 $0.75 $149,217.75 $0.70 $139,269.90 $0.70 $139,269.90 Thermo Pvt Mkgs-Line 6"ft 30,768 $1.25 $38,460.00 $1.40 $43,075.20 $1.00 $30,768.00 Thermo Pvt Mkgs-Line 8"ft 700 $1.85 $1,295.00 $1.50 $1,050.00 $1.50 $1,050.00 Thermo Pvt Mkgs-Line 12"ft 7,565 $2.60 $19,669.00 $2.00 $15,130.00 $2.50 $18,912.50 Thermo Pvt Mkgs-Line 24"ft 4,455 $5.50 $24,502.50 $4.95 $22,052.25 $5.00 $22,275.00 Thermo Pvt Mkgs-Letters & Symbols sq ft 6,683.2 $5.50 $36,757.60 $4.95 $33,081.84 $5.00 $33,416.00 Pvt Mkg-Removal sq ft 68,779.3 $0.65 $44,706.55 $0.35 $24,072.76 $0.30 $20,633.79 TOTAL $314,608.40 $277,731.95 $266,325.19 Low Bid Bidders Precision Pavement Markings, Inc. 1220 Bell Court Pingree Grove, IL 60140 Superior Road Striping, Inc. 225 Miles Parkway Bartlett, IL 60103 Precision Pavement Markings, Inc.Superior Road Striping, Inc. McHenry County Division of Transportation Bid Tabulation 24-00000-05-GM Thermoplastic Pavement Markings: Group 1 - Thermoplastic Pavement Markings 4/17/2024 @ 10:00 am McHenry County Division of Transportation Page 1 of 3 4/17/2024 Thermoplastic Pvt Markings Bid Tab 2024.xlsx76 . Item Engineer's Estimate No.Items Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Hot Spray Thermplastic Pvt Mkg - Line 4"ft 270,131 $0.40 $108,052.40 $0.26 $70,234.06 $0.35 $94,545.85 Hot Spray Thermplastic Pvt Mkg - Line 6"ft 60,000 $0.60 $36,000.00 $0.45 $27,000.00 $0.45 $27,000.00 TOTAL $144,052.40 $97,234.06 $121,545.85 Low Bid Bidders Precision Pavement Markings, Inc. 1220 Bell Court Pingree Grove, IL 60140 Superior Road Striping, Inc. 225 Miles Parkway Bartlett, IL 60103 Precision Pavement Markings, Inc.Superior Road Striping, Inc. McHenry County Division of Transportation Bid Tabulation 24-00000-05-GM Thermoplastic Pavement Markings: Group 2 - Hot Spray Thermoplastic Pavement Markings 4/17/2024 @ 10:00 am McHenry County Division of Transportation Page 2 of 3 4/17/2024 Thermoplastic Pvt Markings Bid Tab 2024.xlsx77 Item Engineer's Estimate No.Items Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Modified Urethane Pvt Mkgs - Line 4"ft 8,435 $1.35 $11,387.25 $2.05 $17,291.75 $1.75 $14,761.25 Modified Urethane Pvt Mkgs - Line 6"ft 875 $1.90 $1,662.50 $3.95 $3,456.25 $2.00 $1,750.00 Modified Urethane Pvt Mkgs - Line 8"ft 237 $2.70 $639.90 $4.05 $959.85 $2.50 $592.50 Modified Urethane Pvt Mkgs - Line 12"ft 174 $3.50 $609.00 $6.75 $1,174.50 $4.00 $696.00 Modified Urethane Pvt Mkgs - Line 24"ft 327 $7.00 $2,289.00 $8.25 $2,697.75 $10.00 $3,270.00 Modified Urethane Pvt Mkgs - Ltrs & Sym sq ft 213.2 $7.00 $1,492.40 $8.25 $1,758.90 $8.00 $1,705.60 TOTAL $18,080.05 $27,339.00 $22,775.35 Low Bid Bidders Precision Pavement Markings, Inc. 1220 Bell Court Pingree Grove, IL 60140 Superior Road Striping, Inc. 225 Miles Parkway Bartlett, IL 60103 Precision Pavement Markings Superior Road Striping, Inc. McHenry County Division of Transportation Bid Tabulation 24-00000-05-GM Thermoplastic Pavement Markings: Group 3 - Urethane Pavement Markings 4/17/2024 @ 10:00 am McHenry County Division of Transportation Page 3 of 3 4/17/2024 Thermoplastic Pvt Markings Bid Tab 2024.xlsx78 1 CITY OF MCHENRY PURCHASE ORDER - CONSTRUCTION (Small Projects) Date: May 6, 2024 Purchase Order No. ___________________________________ Project: 2024 City of McHenry Thermoplastic Pavement Marking Location: Owner Contractor/Vendor Architect/Engineer City of McHenry 333 South Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 Contact: Suzanne Ostrovsky, City Administrator Superior Road Striping, Inc. 225 Miles Parkway Bartlett, Illinois, 60103 Phone(630) 293-0026 ext:338 Fax: Contact: Sandra J. DeHoyos Phone: Fax: Contact: SCOPE OF WORK: Furnish the Work/items described below in accordance with the following plans and specifications: Q General Contract, dated _____________, 20____ Q Specification No(s): _________________, dated __________, 20___ Q Plans, dated _____ Q Addendum No(s): ________________________________________ Q Other:____________________________________________________________________________________________________ COST OF WORK: The Contract Price of the Work under this Purchase Order is $42,866.70. The following prices shall remain in effect for the duration of project: QUANTITY UNIT OF MEASURE DESCRIPTION/ITEMS LUMP SUM UNIT PRICE EXTENSION 33162 3563 827 195 329 38076 LF LF LF LF SF SF THPL PAVEMENT MARKING LINE 4” THPL PAVEMENT MARKING LINE 6” THPL PAVEMENT MARKING LINE 12” THPL PAVEMENT MARKING LINE 24” THPL PAVEMENT MARKING LINE L&S PAVEMENT MARKING REMOVAL $0.70 $1.00 $2.50 $5.00 $5.00 $0.30 $23,213.4 $3,563.00 $2067.50 $975.00 $1,645.00 $11,422.80 TOTAL $42,866.70 NOTES: 1) _________________________________________________________________________________________________________ 2) _________________________________________________________________________________________________________ WARRANTIES AND INDEMNIFICATION: Contractor/Vendor agrees to provide the following warranties for the Work: (a) all workmanship to be warranted for a period of one (l) year - manufacturer warrants material; and (b) all other warranties contained elsewhere in the Contract Documents or Supplemental Conditions hereto. Further, CONTRACTOR/VENDOR SHALL FULLY INDEMNIFY AND SAVE THE CITY OF MCHENRY HARMLESS FROM ALL CLAIMS, LIENS, FEES, AND CHARGES, AND THE PAYMENT OF ANY OBLIGATIONS ARISING THEREUNDER, pursuant to the provisions in the Supplemental Conditions hereto. CONTRACT TIMES: Contractor/Vendor agrees to complete the work no later than October 15,2024. 79 2 THE TERMS OF THIS PURCHASE ORDER AND THE ATTACHED SUPPLEMENTAL CONDITIONS ARE THE ENTIRE AGREEMENT BETWEEN THE CITY/OWNER AND CONTRACTOR/VENDOR. No payment will be issued unless a copy of this Purchase Order is signed, dated, and returned to Owner. Material certifications/test reports required. All domestic material, unless otherwise specified. Purchase exempt from sales and/or use taxes. ACCEPTANCE OF PURCHASE ORDER: The parties, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of all terms and provisions herein contained. IN WITNESS WHEREOF, the parties hereto have executed this Purchase Order the day and year written below. CONTRACTOR/VENDOR: OWNER: __________________________________________________ City of McHenry By: ___________________________________________ By: ___________________________________________ Representative of Vendor authorized to execute Purchase Order Title: ___________________________________________ Dated: ___________________________________________ SUPPLEMENTAL CONDITIONS: 1. Acceptance of Purchase Order: The Purchase Order is an offer to contract, buy or rent and not an acceptance of an offer to contract, sell or rent. Acceptance of this Purchase Order is expressly limited to the terms hereof, and in the event that Contractor/Vendor’s acknowledgment or other response hereto states terms additional to or different from those set forth herein, this Purchase Order shall be deemed a notice of objection to such additional or different terms and rejection thereof. This Purchase Order may be accepted by the commencement of any Work hereunder or the delivery of any goods herein ordered, and, in any event, shall be deemed accepted in its entirety by Contractor/Vendor unless Owner is notified to the contrary within ten (10) days from its date of issue. 2. Amendment, Modification or Substitution: This Purchase Order contains the entire agreement between the parties. Any modification or rescission thereof must be in writing and signed by Owner. No proposals or prior dealings of the parties or trade custom not embodied herein shall alter the interpretation or enforcement of this Purchase Order. 3. Familiarity With Plans; Qualifications: Contractor/Vendor acknowledges that it (a) has examined the site of the proposed Work and is familiar with the conditions surrounding same; and (b) has examined the plans and drawings, and has studied and is aware of, and satisfied with, the requirements of the Contract Documents. Contractor/Vendor represents to Owner that it is fully experienced and properly qualified as an expert to perform the class of work provided for herein, and that it is properly equipped, organized, and financed to handle such work. Contractor/Vendor shall finance its own operations hereunder, shall operate as an independent contractor and not as the agent of Owner, and shall hold Owner free and harmless from all liability, costs, and charges by reason of any act or representations of Contractor/Vendor, its agents, or employees. 4. Workmanship; Safety: All Work shall be performed by Contractor/Vendor in a neat, skillful, and workmanlike manner, and all materials furnished by Contractor/Vendor shall be new and of the best description and quality of their respective kinds, unless otherwise specified and ordered by Owner in writing. All Work and/or materials shall be subject to the inspection and approval of the Owner, its engineers, and representatives. Contractor/Vendor is responsible for its own and its employees’ activities on the jobsite, including but not limited to, the methods of work performance, superintendence, sequencing of work, and safety in, on or about the jobsite area in which it is performing the Work under this Purchase Order. Owner and Contractor/Vendor shall not require any laborer or mechanic employed in performance of this Purchase Order to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under applicable federal and Illinois construction safety and health standards 5. Extra’s and Change Orders: No claim by Contractor/Vendor that any instructions, by drawing or otherwise, constitute a change in Contractor/Vendor’s performance hereunder, for which Contractor/Vendor should be paid additional compensation shall be valid, unless prior to commencing such allegedly extra or changed performance, Contractor/Vendor shall have received a written supplement to this Purchase Order authorizing such performance signed on behalf of Owner by a person have actual authority to do so. No claim for additional compensation on the basis that Contractor/Vendor has incurred any expense by reason of any act or failure to act or Owner or its contractor, subcontractor, materialmen or any other party shall be valid unless made in writing within 30 days of the 80 3 alleged act or failure to act and approved by Owner, provided, however, that if the Contractor/Vendor should be delayed in furnishing the articles, items, equipment or materials (hereinafter sometimes referred to as “goods”) or services or Work (hereinafter sometimes referred to as “Work”) ordered herein, by the omission, neglect or default of Owner, its agents or employees, Contractor/Vendor shall be entitled to no additional compensation or damages for such delay, and shall be entitled only to an extension of time for a period equal to the time lost as a result of the aforesaid causes, determined by Owner. Any charges for extra not so authorized will not be paid. 6. Inspection and Acceptance: Owner shall have the right at all reasonable times to inspect and test all goods, materials or Work furnished by Contractor/Vendor and all Work performed or furnished by Contractor/Vendor. Notwithstanding any prior inspection, the passage of title or any prior payment, all goods, material and Work furnished thereunder are subject to final inspection and acceptance by Owner at its job site. If, after inspection, Owner rejects any goods furnish by Contractor/Vendor thereunder, Owner may, at its election, return those goods to Contractor/Vendor at Contractor/Vendor’s expense, including the cost of any inspection and testing thereof. If Contractor/Vendor fails to proceed promptly with the correction or replacement of any rejected goods or Work, Owner may replace or correct such items or Work by purchase or manufacture and charge the cost incurred thereby to Contractor/Vendor or terminate this Purchase Order for default in accordance with paragraph 12 herein. By inspecting and not rejecting any goods and Work furnished thereunder, Owner shall not be precluded thereby from subsequently revoking its acceptance thereof if the goods or Work are later discovered to be nonconforming with this Purchase Order or the specifications and drawings applicable hereto, even if the defect does not substantially impair value to Owner. 7. Taxes, Delivery, Risk of Loss: Unless indicated to the contrary on the face hereof, it shall be the responsibility of Contractor/Vendor to arrange for and complete delivery of all goods or materials. If the goods or materials furnished thereunder are equipment, Contractor/Vendor shall give Owner two (2) working days’ advance notice of delivery. All goods or materials furnished by Contractor/Vendor should be shipped in the manner and at the times indicated on the face hereof at the expense of Contractor/Vendor, it being understood that the risk of loss with respect to such goods is with Contractor/Vendor until such goods come into the actual possession of Owner, regardless of the mode of delivery or earlier passage of title. This project is tax exempt. The Owner’s tax-exempt number is E9995881. 8. Payment: Owner will make partial payments to the Contractor/Vendor from time to time for the Work performed and the materials furnished by the Contractor/Vendor. Provided, however, in no event shall Owner be obligated to pay Contractor/Vendor any sum that exceeds the Contract Price absent a written change order executed by Owner. 8.1 Prior to issuance of any payments by the Owner to the Contractor/Vendor, the Contractor/Vendor shall furnish to the Owner (in a form suitable to the Owner) an application for the payment then due, together with receipts, waivers of claim and other evidence showing the Contractor/Vendor’s payments for materials, labor and other expense incurred in the Contractor/Vendor’s Work hereunder. The Owner will, at all times, be entitled to retain ten percent (10%) of all monies due and owing to the Contractor/Vendor as a part security for the faithful performance of this Agreement. This ten percent (10%) so withheld will not be paid to the Contractor/Vendor until the Owner has issued to the Contractor/Vendor a final acceptance of the Project. 8.2 Owner may withhold the whole or any part of any payment due to the Contractor/Vendor to the extent necessary to protect and indemnify the Owner from loss on account of (a) defective Work not remedied; (b) claims filed or reasonable evidence indicating probable filing of claims; (c) failure of the Contractor/Vendor to make payments promptly for material or labor; or (d) Contractor/Vendor’s failure to furnish Owner with all written warranties and operational manuals for the Work. 8.3 Contractor/Vendor hereby authorizes the OWNER (1) to deduct from any amount due or becoming due the Contractor/Vendor under this Agreement for all amounts owing from the Contractor/Vendor to (a) the Owner for back-charges or services furnished for the account of the Contractor/Vendor; (b) the Owner for damages sustained whether through negligence of the Contractor/Vendor or through failure of the Contractor/Vendor to act as may be otherwise detailed herein; (c) materialmen; (d) subcontractors; (e) laborers; and (f) others for services and materials furnished to the Contractor/Vendor for the Work performed under this Agreement, and (2) to apply the amount so deducted to the payment of said materials, services, damages or back-charges applying such monies so available in the order hereinbefore set forth. 8.4 Owner, without invalidating this Agreement, may make changes by altering, adding to or deducting from the Work to be performed. The value of any such changes will be determined as follows: (a) by the unit prices named in this Agreement, if any; or (b) by agreement in writing between the Owner and the Contractor/Vendor as to the value of the time and materials for the changes in the Work. In any event, the Contractor/Vendor will keep and present, in any form as the Owner may direct, a correct account of the net cost of any extra labor and materials, together with vouchers referring to the same. 8.5 Notwithstanding the payment in full for the Work hereunder, the Contractor/Vendor will be liable to repair or replace any imperfect workmanship or other faults; and if the Contractor/Vendor fails to repair or replace the imperfect workmanship or other 81 4 faults, the Owner may do the Work and recover from the Contractor/Vendor the cost and expense thereof. No payment on account will be construed or considered as an approval of the Work for which payment is made. 9. Contractor/Vendor Warranty: Contractor/Vendor warrants in addition to all warranties which are imposed or implied by law or equity that all materials and Work furnished thereunder (a) shall confirm to any specifications and drawings applicable to this Purchase Order; (b) shall be merchantable and of good quality and workmanship; (c) shall be fit for the purpose intended as well as the propose for which such goods, materials or Work are generally used; and (d) except for rented equipment, shall be free from defects for a period of one (1) year, or such longer period as is specified in the Scope of Work or Contract Documents, from the date such Work is performed or such materials are utilized or installed, and if installed as part of a structure or utilized equipment, for one (1) year or such longer period as is specified in the Contract Documents, from the date any such goods, materials or Work hereunder is accepted in writing by Owner. Contractor/Vendor expressly agrees that the statute of limitations with respect to Contractor/Vendor’s warranties shall begin to run on the date of acceptance by Owner. 10. Insurance and Bonds: Contractor/Vendor shall at all times maintain business automobile, commercial liability and workers compensation insurance covering its work and all obligations under this Purchase Order and shall name the Owner as an additional insured on its commercial liability insurance policies for Contractor/Vendor operations under this Purchase Order. Liability insurance limits shall be in an amount sufficient to protect the Owner’s interests as they may appear herein, but in no event less than $1,000,000.00 per occurrence. Contractor/Vendor shall furnish and pay for surety bonds and with surety or sureties satisfactory to Owner, guaranteeing the full performance of all of the conditions and terms hereof and guaranteeing that Contractor/Vendor shall promptly pay for all labor, materials, supplies, tools, equipment and other charges or costs of Contractor/Vendor in connection with the Work. Such performance and payment bond shall be in an amount determined by Owner. 11. Indemnity: The Parties hereby agree to indemnify, and hold each other, their respective direct and indirect parents and subsidiaries, project manager, any of their affiliated entities, successors and assigns and any current or future director, officer, employee, partner, member or agent of any of them (the “Indemnitees”) harmless from any and all claims , demands, liability, loss, damage, fines, penalties, attorney’s fees and litigation expenses (collectively “Loss”) arising out of injury to, including the death of, persons and/or damage to property, to the extent caused by the negligent acts or omissions of the party providing such indemnification. Further: 11.1 Contractor/Vendor acknowledges that any such items or Work furnished hereunder may include in whole or in part with or without modification or improvements in equipment, machinery or items constructed by Owner, and that should such item or Work prove defective such charges claimed by Owner shall include consequential damages, penalties, taxes or assessments (including punitive damages), including counsel fees and the costs of defense, which may be imposed or incurred under any federal, state or local low, ordinance or regulation upon or with respect to (a) the payment of compensation to any individual employed by Contractor/Vendor; (b) any discrimination against any individual employed by Contractor/Vendor on the basis of race, color, religion, sex, national origin or physical or mental handicap; (c) the protection of purchasers and users of consumer products; or (d) occupational safety and health. 11.2 In any and all claims against Owner or any of its agents or employees, by any employee of Contractor/Vendor, the indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor/Vendor under workers compensation acts, disability benefits acts or employee benefit acts, or other applicable law. Contractor/Vendor assumes the entire liability for its own negligence, and as part of this Agreement waives all defenses available to Contractor/Vendor as an employer which limit the amount of Contractor/Vendor’s liability to Owner to the amount of Contractor/Vendor’s liability under any workers compensation, disability benefits or employee benefit acts. 12. Patents: Contractor/Vendor warrants that (a) goods furnished thereunder, and the sale and use thereof, shall not infringe any valid United States patent or trademark; and (b) Contractor/Vendor shall indemnify Owner for its costs to defend any suit instituted against Owner, its agents or customers, charging infringement of any United States patent or trademark by virtue of the possession, use or sale of any goods furnished thereunder is enjoined because of patent infringement. Contractor/Vendor within a reasonable amount of time shall at Contractor/Vendor’s expense procure for Owner its agents or customer, the right to continue using such goods with non- infringing goods or modify such goods so that they become non-infringing or remove such goods and refund to Owner any sums paid therefore, including transportation and installation charges. 13. Cancellation: Time of delivery of this Purchase Order is of the essence and Owner may, by written notice of default to Contractor/Vendor, cancel the whole or any part of this Purchase Order (a) if Contractor/Vendor fails to make delivery of the goods or perform the services within the time specified herein or any extensions thereof; or (b) if Contractor/Vendor fails to perform or so fails to make progress as to endanger performance thereunder, and in either circumstance does not cure such failure within a period of two (2) days after receipt of notice from Owner specifying such failure. Owner, by written notice to Contractor/Vendor, may cancel the 82 5 whole or any part of this Purchase Order when it is in the best interest of Owner or when Owner has been notified of modification of the specifications pertaining thereto. If this Purchase Order is so canceled, the Contractor/Vendor shall be compensated as follows: (a) for materials delivered and services performed, the reasonable value as part of the Contract Price; (b) for materials not identified to this Purchase Order and service not performed, no compensation; and (c) for Contractor/Vendor’s lost profits or incidental or consequential loss, no compensation. 14. Remedies: Contractor/Vendor shall, for the duration of its warranties under paragraph 9 herein, at the discretion of Owner and at the expense of Contractor/Vendor, replace, repair and insure any and all faulty or imperfect goods, materials or Work furnished or performed by Contractor/Vendor thereunder. In the event Contractor/Vendor fails to do so, Owner may furnish or perform the same, and may recover from Contractor/Vendor the cost and expense directly or indirectly resulting there from, including all consequential damages but not limited to the cost or expense of inspection, testing, removal, replacement, re-installation, destruction of other materials resulting there from, any increased cost or expense to Owner in its performance under contracts with others, and reasonable attorneys fees incurred by the Owner in connection with Vendor’s default and Owner’s enforcement of its rights under this Purchase Order. The foregoing remedies shall be available in addition to all other remedies available to Owner in equity or at law including the Uniform Commercial Code. 15. Compliance With Laws: During the performance hereunder, Contractor/Vendor agrees to give all notices and comply with all Laws and Regulations of the United States and/or the State of Illinois applicable to the performance of the Work, including but not limited to those Laws and Regulations regarding the payment of prevailing wages, non-discrimination laws, employment of Illinois workers, labor, wage and collective bargaining. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Contractor/Vendor’s compliance with any Laws or Regulations. 16. Notices: All notices, demands, requests or other communications which may be or are required to be given, served, or sent by any party to any other party pursuant to this Purchase Order shall be in writing and shall be hand delivered, or sent by courier, or via facsimile with confirmation to the addresses shown on the Purchase Order. 17. Records, Reports and Information: Contractor/Vendor agrees to furnish Owner with reports and information regarding the Work performed under this Purchase Order, at such times as Owner may reasonably request, making full disclosure of efforts made by Contractor/Vendor and the results thereof. Contractor/Vendor agrees to maintain records, documents, and other evidence which will accurately show the time spent and Work performed under this Purchase Order for a minimum period of five (5) years after completion of the Work, and such records shall be subject to audit by the Owner upon reasonable advance notice to Contractor/Vendor on a mutually agreed date and time. 18. Assignment: Contractor/Vendor shall not assign this Purchase Order without written consent of Owner. Owner may unilaterally assign its rights under this Purchase Order upon reasonable notice to Contractor/Vendor. 19. Waiver: Either party’s failure to insist in any one or more instances, upon the strict performance of any provision hereof or to exercise any right hereunder shall not be deemed to be a waiver or relinquishment of the future performance of any such provision or the future exercise of such right, but the obligation of Contractor/Vendor and Owner with respect to such future performance shall continue in full force and effect. 20. Controlling Law, Severability: The validly of this Purchase Order or any of its provisions and the sufficiency of any performance thereunder shall be determined under the laws of Illinois. Venue shall be in McHenry County, Illinois. The Owner is entitled to recover its reasonable attorneys’ fees incurred in enforcing the terms of this Purchase Order. If any provision or requirement of this Purchase Order is declared or found to be unenforceable that balance of this Purchase Order shall be interpreted and enforced as if the unenforceable provision or requirement was never a part hereof. 21. Arbitration: Claims, disputes or other matters in question between the parties arising out of or relating to the Work under this Purchase Order or breach thereof shall be subject to and decided by Arbitration in accordance with the American Arbitration Association Construction Industry’s Arbitration Rules. Arbitration shall take place at City of McHenry City Hall. CONTRACTOR/VENDOR: __________________________________________________ Date: ___________________________________________ By: ___________________________________________ Representative of Vendor authorized to execute Purchase Order 83 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.cityofmchenry.org/park_recreation CONSENT AGENDA SUPPLEMENT DATE: May 6, 2024 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: Pearl Street Market Special Use and Special Event Liquor License ATTACHMENTS: Special Use Application AGENDA ITEM SUMMARY: The Pearl Street Market is requesting the use of Veteran’s Memorial Park on Thursdays May 16th – September 19th to host the markets and the city band concerts. They are requesting use of the park, the support of city services and the waiver of the associated fees with that support. In addition, they are requesting a special event liquor license for each of the events. The events run from 4pm – 9pm every Thursday throughout the summer. BACKGROUND: The Pearl Street Market is a Not-for-Profit group set up to run the markets. They have also taken on the responsibility for the band concerts and their coordination, including scheduling of the bands. The city continues to pay for the city band dates, city band practices and the Fiesta Days concert date. The concerts and markets have long included food vendors and beginning in 2015 a special event alcohol license was approved by city council in conjunction with the events. ANALYSIS: The markets and the concerts are the heart of the summer event schedule and have been for years and years. The multigenerational events are something the community looks forward to each summer. Within the last 5 years the Pearl Street Market group has taken a much more active role in scheduling bands and coordinating the event as one cohesive offering. They schedule all the food trucks and food vendors for the events. The city does continue to cover the costs for the city band performances and for the Fiesta Days performance, however the market finds sponsors and raises money to pay for all other concert dates. They are once again requesting a special event liquor license for the events. This has been a nice addition for almost 10 years with no incidents being reported with its inclusion. They will work 84 with a local business that has a liquor license to provide that service and secure all proper licensing. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be considered to approve a Parks Special Use Permit Application submitted by the Pearl Street Market for the summer markets and band concerts May 16th – September 19th from 4pm to 9pm each Thursday, to approve a special event liquor license in conjunction with those events and to waive the associated fees for the reservation and the support services. 85 McHenry Recreation Center Facility Rental & Special Use Permit Application Application Date:___________________ Rental Date: Rental Time (include set-up/clean-up): Name of Applicant: Date of Birth: Group/Organization (if applicable): Address: City/State/Zip: Home Phone: Cell Phone: Personal Email: Event Title/Activity: Attendance: SHELTER/SAFETY TOWN: (daily rate) ☐ Knox A ☐ Petersen A ☐ Petersen C ☐ Safety Town ☐ Knox B ☐ Petersen B ☐ Veterans ☐ Other WEDDING: ☐ Rails removed at Veterans Memorial Park ($25 fee) MCHENRY RECREATION CENTER / LAKELAND PARK COMMUNITY CENTER: (hourly rate) MRC ROOM: ☐ Kitchen ($35 fee) ☐ Room A ☐ Room B ☐ Room C ☐ Studio LPCC: ☐ Lakeland Park Community Center (max 24) SET-UP: ☐ Banquet ☐ Board Room ☐ Classroom ☐ Theater TABLES/CHAIRS: # Round # Rect # Chairs BEER/WINE: (at least 4 weeks notice needed) – No other alcohol allowed TYPE: ☐ Wine # Bottles ☐ Beer # Cases SPECIAL USE: (at least 4 weeks notice needed) – Equipment provided by renter ☐ Tent Location: ☐ Bounce House *Applicant to call JULIE (1-800-892-0123) for staking of Tents/Bounce Houses ☐ # Tables ☐ Band/DJ ☐ Carnival Rides ☐ Animals ☐ # Chairs ☐ Wedding Arch ☐ Performer ☐ Catered Pig Roast ☐ Other OTHER: Groups over 500 must obtain: ☐ Dumpsters ☐ Portable Toilets DAMAGE DEP: Credit Card Number: Expiration: CVV: Signature: Date: Approval will be based on the items listed above. Any other requests are subject to further approval. If applicable, health permits are required by law for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334-4585 I agree all alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol allowed in City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit issued pursuant to this application is expressly prohibited. I also understand that not complying with the rules will result in loss of deposit. I agree to hold the City of McHenry, its employees and agents harmless, and indemnify same from any and all liability of injury to person or property occurring as a result of the activity sponsored by permittee and said person shall be liable to the City of McHenry for any and all damage to parks, recreation facilities and equipment owned by same, which results from or during the activity of permittee or is caused by participant in said activity. All persons agree to comply with the City of McHenry Municipal Code and all Parks & Recreation regulations. I have read and fully understand the McHenry Recreation Center Rental and/or Shelter Guidelines. Signature: Date: Thursdays - May 16 - September 19 4pm - 9pm Pearl Street Market McHenry, IL 60050 info@pearlstreetmarket.org Pearl Street Market 500 Food Trucks 86 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation CONSENT AGENDA SUPPLEMENT DATE: May 6, 2024 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: Special Use Application for Miller Point Park AGENDA ITEM SUMMARY: The McHenry Riverwalk Foundation is requesting permission to host food trucks weekly and to allow consumption of alcohol throughout the grounds of Miller Point Park in conjunction with the Music Sunday band concerts beginning on May 26th through the end of the summer on September 29th from 1pm – 4pm. They are also requesting the waiver of any park rental fees or support service fees for the events. BACKGROUND: Beginning in the summer of 2021, the Riverwalk Foundation has hosted a concert series entitled Summer Music Sundays at Miller Point Park. The concerts run from 1 – 4pm and are typically smaller bands and at times, acoustic artists. The Foundation has had a great deal of success in securing sponsorship for virtually all of the concerts in the past. Similar to the Pearl Street Markets but on a smaller scale, the city has sponsored 2 concerts per season in previous seasons amounting to less than $1,000. The concerts are supported by the presence of 1 to 2 food trucks at the events. The food trucks are charged $50 each and this money is used to offset any concerts that go unsponsored. The concerts were suspended during the summer of 2023 while the park was undergoing renovations. However, now that the renovations are complete, the Foundation looks to bring the popular series back. ANALYSIS: The Summer Music Sundays have proven to be a relaxed music series that highlights the Riverwalk, the park and the Fox River. The addition of the Riverwalk Shoppes adds a perfect pairing to the music. The ability to create fluidity in the park is a part of the success and as such the request to allow alcohol throughout the park on these days during these times via a Special Use Application has been attached. This request follows the footprint of the Pearl Street Market and its success. The concerts will also be supported by the McHenry Riverwalk Foundation in assisting to manage the grounds during the concerts. 87 If City Council concurs then a motion should be considered to approve the Special Use Application from the McHenry Riverwalk Foundation to allow the consumption of alcohol throughout the grounds of Miller Point Park in conjunction with the Music Sunday band concerts beginning on May 26th through the end of the summer season on September 29th from 1pm – 4pm and to waive all associated rental and support fees for the event. 88 89 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.cityofmchenry.org/park_recreation CONSENT AGENDA SUPPLEMENT DATE: May 6, 2024 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: Authorization to allow the Mayor to enter into an IGA with McHenry County for the construction of a building and installation of piers for use by the McHenry County Sheriff’s Office Marine Unit. Attachment: Existing Intergovernmental Agreement Proposed Intergovernmental Agreement AGENDA ITEM SUMMARY: Attached Council will find an updated intergovernmental agreement (IGA) between the City and the County which authorizes the McHenry County Sheriff’s Marine Unit to conduct Marine Operations at Miller Riverfront Park through the use of a new building and three (3) piers. Staff is requesting Council approval to authorize the Mayor to enter into this updated intergovernmental agreement. BACKGROUND: The city entered into an intergovernmental agreement with the McHenry County Sheriff’s Department in 2021 for the construction of piers and the placement of a trailer housing the Sheriff’s Marine Unit at Miller Riverfront Park. The intent of the agreement however was to further establish the Marine Unit presence with a permanent building that the city would build based on the sheriff’s specifications and that the sheriff’s department would fund. Additionally, as part of the building, two single public bathrooms would be constructed. Within the agreement the city would provide the electricity and fund a portion of the water and sewer costs at 50% of the costs of the utilities, with the intention of a $50,000 cap on city exposure. The existing document takes the project through construction of the building. Now that construction of the building has commenced, the County initiated a clean-up of the document. The amended document amends the language and transitions the project to an existing building in place and any ramifications of separation with the building in place. All terms remain the same as the initial agreement with any separation. Also, since the building was simplified for cost savings and constructability including transitioning from two public restrooms to one, the total city exposure on construction was agreed to be reduced from $50,000 to $25,000. All other aspects remain unchanged aside from language amendments. 90 ANALYSIS: The amended agreement represents no significant changes essentially other than language. The only substantial change in conjunction with the amendments is the City’s reduction in overall exposure. As a reminder, the City remains responsible for the relocation of the lighting as a part of the paving grant that was awarded for the project from the IDNR. The lighting relocation was included in the overall construction quote that was approved by city council and it does not count towards the amended overall exposure. For clarity, the City has a 50% exposure at a $25,000 max towards installation of a well and extension of a sewer line to the building; additionally the City is fully responsible for the $31,860 to relocate the parking lot lighting. Ongoing utility costs will be the responsibility of the City of McHenry as laid out in the original agreement. The agreement has been reviewed and approved by the County Board already. If City Council concurs then a motion should be considered authorizing the Mayor to execute the attached Updated Intergovernmental Agreement between the City of McHenry and the County of McHenry relating to the McHenry County Sheriff’s Marine Unit. 91 92 93 94 95 96 97 98 99 100 101 102 103 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: May 6, 2024 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: McHenry Parks & Recreation Facilities & Special Use permit requests ATT: Permit List and Applications All fees and documentation have been satisfactorily submitted for the attached McHenry Parks Recreation Facilities & Special Use permit requests. If Council concurs, then it is recommended a motion is considered to approve the attached McHenry Parks & Recreation Facilities & Special Use permit requests. 104 FOR COUNCIL MEETING ON MAY 6 Park Pavilion / Community Room - Beer & Wine and Special Use Permit Requests Date Applicant Location Purpose Permit 05/18/24 Jasmine Burba Veterans Park Baby Shower BW 05/19/24 Hector Alonso Petersen Park A Birthday Pary BW 06/01/24 Mary Walsh Petersen Park A Birthday Party BW 06/02/24 Patricia Barta Rec Center A Bridal Shower BW 06/02/24 Karyn Dorfman Petersen Park B Birthday Party BW 06/08/24 Carmen Stern Rec Center A Baby Shower BW 06/15/24 Sheila Jackson Petersen Park A Graduation Party BW 06/15/24 Kim Blau Petersen Park B Baby Shower BW 06/15/24 Rachel Plancon Veterans Park Graduation Party BW 06/23/24 Hector Alonso Petersen Park B Birthday Party BW 06/29/24 Lucy Nava Petersen Park A Luau Party BW/SU 06/30/24 Kim Laker Veterans Park Birthday Party BW 06/30/24 Jan Radloff Rec Center A-B Family Reunion BW 07/13/24 Sue Meyer Veterans Park Group Picnic BW 07/21/24 Tina Hanekamp Rec Center A Baby Shower BW 07/24/24 Michelle Sheets Petersen Park A Company Picnic BW/SU 08/24/24 Marissa Schwartz Veterans Park Wedding SU 09/07/24 Chrissy Christiansen Rec Center A-B Birthday Party BW BW = Beer & Wine Permit SU = Special Use Permit 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 City of McHenry Council Meeting Minutes 4.15.24 AGENDA REGULAR CITY COUNCIL MEETING Monday, April 15, 2024, 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 Ostrovsky, 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, Director of Public Works Wirch, Deputy Clerk Johnson, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge. Public Hearing: Call to order a Public Hearing for the proposed Fiscal Year 2024/2025 Budget. Mayor Jett called to order the Public Hearing at 7:01 PM, there was no public comment. A motion was made by Alderman Strach and seconded by Alderman Santi to approve the exit of the Public Hearing 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. Motion to adopt the Fiscal Year 2024/2025 Budget A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve the adoption of the Fiscal Year Budget 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. Alderman Koch had a question for Director Hobson, the money is there for the projects that are outlined in orange referring to the information that had been shared with The Council, and wanted to know if there is a time restraint, the question marks are to be done within the year. Also wanted to know if things are going to be inspected, there is not a form but he is working on developing one, per Director Hobson. Alderman Koch would like to see that there are inspections a bit more often, also after mowing, etc. 124 City of McHenry Council Meeting Minutes 4.15.24 2 Alderwoman Bassi wanted to know what the actual budget amount is for the park's maintenance, $57,000 contractual $96,000 materials, and supplies, not including mowing portable toilets, per Director Hobson. Will that replace the swing set in East Park, no because that is a Capital project per Director Hobson, answering Alderwoman Bassi, who also commented that they have shifted more to maintenance than replacement capital. Some examples of the $96,000, are a variety of things such as gravel replacement, limestone screenings, fence repairs, mulch, paint shelter repairs, etc. 23-24 fiscal year. Alderwoman Bassi had asked what neighborhood parks were repaired, Director Hobson stated that there has not been a document for that because it was a culmination of work order repairs, most of those reported are the larger repairs for the accomplishment sheets. It could be sent out every quarter if it was something that would like to be seen, which in conclusion will be presented. Director Hobson also encourages the public to help make the park system better. Alderwoman Bassi also spoke regarding a study that she had reviewed about the home value going up when the parks are maintained but the opposite occurs when they are in disarray. Also asking which park is the first one addressed, Director Hobson, stated that safety is always the priority, next looking at high profile more used parks. Alderman Santi had questions about the overall budget for Finance Director Lynch, $59,400 for the revenue side, she confirmed, and $63,300 on the expense side. Total budget amendments there were 4, about $90,000. Alderman Glab wanted to bring up the parks issue again, have not heard many complaints but did not hear any accolades either. Would like to see how the level can be higher for them, or to be a little more creative. In the budget, there was talk about a transfer of $130,000 he feels it should come out of the donation funds, rather than the General Fund. The more that can be kept in the General Fund would allow for other projects. Director Hobson responded by stating that they are nearing the end of the survey for the Parks and Recreation Department, there were 750 respondents, and there will be a workshop to review those survey results, based on what the residents stated. Public Comment: No public comment. 125 City of McHenry Council Meeting Minutes 4.15.24 3 Consent Agenda. Motion to Approve the following Consent Agenda Items as presented: A. Annual appointments to Boards, Commissions, and Other Offices (Deputy Clerk Johnson) B. Approval of FY24/25 Liquor License Renewals (May 1, 2024, through April 30, 2025) as presented, conditioned upon receipt of required paperwork and payment of fees (Deputy Clerk Johnson) C. Approval of FY 24/25 Video Gaming License Renewals (May 1, 2024, through April 30, 2025) as presented, conditioned upon receipt of required paperwork and payment of fees (Deputy Clerk Johnson) D. Approval of a street closure on Sunday, August 4, 2024, of Park Street from 1304/1309 Park Street to Elm Street from 12:00 p.m. to 6:00 p.m. for use by the Liberty Club, NFP (PLAV). (Deputy Clerk Johnson) E. Intergovernmental Agreement with the Village of Prairie Grove for plan review and building inspection services (Director Polerecky) F. Approval for (1) the Mayor to sign three-year renewal terms and condition agreements for In-Time, and ThinkGard and (2) approve IT professional services subscription renewals for FY 24/25, for In-Time, TKB Associates, Tyler Technologies, and ThinkGard for total amount not to exceed $248,685.12 (Chief Birk) G. Mayor Designation to Affix Signature (Deputy Clerk Johnson) I. April 1, 2024, City Council Meeting Minutes J. Issuance of Checks in the amount of $537,624.99 K. As Needed Checks in the amount of $271,019.07 A motion was made by Alderman Strach and seconded by Alderwoman Miller 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. 126 City of McHenry Council Meeting Minutes 4.15.24 4 *Clerks Note: This item was pulled by Alderman McClatchey. H . Fox River Day Proclamation (Deputy Clerk Johnson) Alderman McClatchey asked if Deputy Clerk Johnson could read the proclamation to The Council, and he moved forward doing so. A motion was made by Alderman McClatchey and seconded by Alderwoman Bassi 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. Sam Oil Liquor License Motion to approve a Class C Liquor License to Sam Oil LLC, located at 4608 W Crystal Lake Road, contingent on the successful background check of a qualified agent/manager within 30 days (Deputy Clerk Johnson) This is a change of ownership, per Deputy Clerk Johnson, nothing major is changing they will have to get an occupancy permit. Alderman Glab asked when the sale happened, it is occurring right now per Deputy Clerk Johnson, it will not be issued until ownership has gone through. A motion was made by Alderman McClatchey and seconded by Alderwoman Miller to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch. 0-nays. 0-abstained. Motion approved. B. Patina McHenry Liquor License Motion to approve a Class C Liquor License to Patina McHenry LLC, located at 1202 Riverside Drive Unit 10, and if approved, pass an ordinance Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, Limitation on Number of Licenses, of the McHenry City Code (Deputy Clerk Johnson) Alderwoman Bassi asked the petitioners about the taste testing, the petitioners stated that it would be Wednesday, Thursday, Friday, Saturday, and Sunday during the daytime. hours testing 11-6 Sun 11-4 Thurs 12-6. There will be employees present and monitoring so that nobody will be leaving the shop with their tasting. The state law has to be enforced per Chief 127 City of McHenry Council Meeting Minutes 4.15.24 5 Birk, regarding the tastings as well. Alderwoman Miller congratulated the petitioners feel it will compliment the town. No Comment. A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch. 0-nays. 0- abstained. Motion approved. C. Zoning and CUP for 4016 W Crystal Lake Road Motion to pass an Ordinance granting a Zoning Variation and Conditional Use Permit to allow an Open Sales Lot in conjunction with Automotive Sales at 4016 W Crystal Lake Road (Director Polerecky) Alderwoman Miller is ok with the conditional use Permit, the public will provide feedback if that is what they want there. Would like to see a use there, that stretch helps put somebody in there. Alderman Glab stated that if the residents like it that is fine, we allow these types of uses to go in over there feels it is not a good spot for this. There are other places than an area like this, this property needs to be redeveloped and cannot support this. Alderman McClatchey wanted to know how many cars will be on the lot, it was confirmed there will be 40-50 cars on the lot and inside 15 also including motorcycles, per the petitioners. Alderman Santi wanted to know if the remodeling would occur, yes, it would be fixed up, and added light would be there because it is very dark at night. They are bringing another business to McHenry. He wished them good luck, Alderwoman Bassi doesn’t have an issue with the used car lot but is not comfortable with the location, and may need more visibility. The petitioners stated that 95% of their customers come from online websites. It was confirmed that they are the tenants of the property with experience and a following of a customer base. A motion was made by Alderman Santi and seconded by Alderman Koch to approve Individual Agenda Items as presented: Roll Call: Vote: 4-ayes: Alderman Santi, Alderman Strach, Alderman Koch, Alderwoman Miller. 03-nays- Alderman Glab, Alderman McClatchey, Alderman Koch. 0-abstained. Motion approved. 128 City of McHenry Council Meeting Minutes 4.15.24 6 D. Central WWTP Site NFR Letter Motion to approve Change Order #1 in the amount of $40,680 to HR Green, Inc. for the Central WWTP Site Remediation Program. (Director Wirch) Alderman Santi wanted to know once the letter is received then we will not have to do anything further like this, yes, confirmed by Director Wirch. A motion was made by Alderman Strach and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch. 0-nays. 0- abstained. Motion approved. Discussion Item Agenda A. Orchard Beach Road – Property Annexation (Director Polerecky) Alderman Glab wanted to say this has been a long time coming and thinks it will be a benefit for them and us to bring them in. Alderman Santi asked how many homes there are, there are 9 that are spread out and there are some homes that may be between those homes, per Director Polerecky could be up to 24. This is a discussion to move forward asking The Council if they are comfortable doing so tonight. The residents then will receive a form letter about the services, per Director Polerecky. Alderwoman Bassi wanted to know when going down Orchard Beach Road, if the homes that are not on the river will be included in the annexation, per Director Polerecky there are two of them that could potentially be annexed the rest may be too far north. Alderman Koch asked where the sewer is located and it was mentioned that the West side is where it would be located which is the opposite side of the river per Director Polerecky. Alderwoman Miller is in favor of the annexation, this would set a presence of the right way of doing things correctly in the future. Alderman McClatchey wanted to know how many total properties were included, confirmed with the above comments. This discussion went on for some time with the majority of The Council moving forward with it. Staff Reports: 129 City of McHenry Council Meeting Minutes 4.15.24 7 Provided the 1st meeting of each month. Director Hobson wanted to provide an update to Shamrocks the Fox, a successful year was more than able to cover all costs, and $20,000 was returned to the tourism fund. That does not include the business sales tax etc. Mayor’s Report: None City Council Comments: None Executive Session: A motion was made by Alderwoman Miller seconded by Alderman Santi to adjourn to Executive Session at 9:05 p.m. to discuss the purchase of real property for use of the public body, including meetings held to discuss whether particular buildings and parcels should be acquired (5 ILCS 120/2(c)(5)), for litigation (5 ILCS 120/2(c)(11)), and for personnel (5 ILCS 120/2(c)(1)). Mayor Jett reconvened the meeting from the Executive Session at 10:05 p.m. A motion was made by Alderman Strach and seconded by Alderman McClatchey to return to an open session. 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. All members of the Council were still present. Discussion regarding possible reinstatement of committees or possibly regular committee of the whole meeting; no action. Adjourn: A motion was made by Alderman Strach and seconded by Alderman McClatchey to adjourn the meeting at 10:15 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 130 City Council Special Meeting Minutes April 29, 2024 Page 1 McHenry City Council Special Meeting Minutes April 29, 2024 Call to Order The City Council of the City of McHenry, Illinois, met in a special session on Monday, April 29, 2024, at 9:05 a.m. at McHenry City Hall, 333 S. Green Street, McHenry, IL. Roll Call Mayor Jett called the roll. Roll call: Members present: Alderman Santi, Alderman McClatchey, Alderwoman Miller, Alderman Koch, Mayor Jett. Absent: Alderman Glab, Alderwoman Bassi Public Comment No members of the public wished to comment during the public comment portion of the meeting. Executive Session A motion was made by Alderwoman Miller and seconded by Alderman McClatchey to enter executive session to discuss the purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired (5 ILCS 120/2(c)(5)). Roll Call vote: 4-ayes: Alderman Santi, Alderman McClatchey, Alderman Koch, Alderwoman Miller. 0-nays, 2-absent: Alderman Glab, Alderwoman Bassi. Motion carried. Mayor Jett reconvened the meeting out of executive session at 3:19 p.m. A roll call vote was taken. Roll call: Members present: Alderman Santi, Alderman McClatchey, Alderwoman Miller, Alderman Koch, Mayor Jett. Absent: Alderman Glab, Alderwoman Bassi. Adjournment A motion was made by Alderwoman Miller and seconded by Alderman Koch to adjourn the meeting at 3:20 p.m. Roll Call vote: 4-ayes: Alderman Santi, Alderman McClatchey, Alderman Koch, Alderwoman Miller. 0-nays, 2-absent: Alderman Glab, Alderwoman Bassi. Motion carried. _________________________________ _______________________________ Mayor Wayne Jett Monte Johnson, Deputy Clerk 131 Expense Approval Register McHenry, IL List of Bills Council Meeting - 5-6-24 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: AEP ENERGY AEP ENERGY INV0015932 04/30/2024 UTIL 100-33-5520 5,977.56 AEP ENERGY INV0015932 04/30/2024 UTIL 100-42-5510 370.41 AEP ENERGY INV0015932 04/30/2024 UTIL 100-45-5510 1,029.32 AEP ENERGY INV0015932 04/30/2024 UTIL 400-00-5510 2,002.35 AEP ENERGY INV0015933 04/30/2024 UTIL 510-31-5510 13,456.69 AEP ENERGY INV0015933 04/30/2024 UTIL 510-32-5510 26,668.44 Vendor AEP ENERGY Total: 49,504.77 Vendor: AMERICAN LEGAL PUBLISHING AMERICAN LEGAL PUBLISHING 100016940 04/30/2024 SUPPLEMENT PAGES 100-01-5110 2,253.59 Vendor AMERICAN LEGAL PUBLISHING Total: 2,253.59 Vendor: BAXTER & WOODMAN BAXTER & WOODMAN 0258098 04/30/2024 RIVERSIDE SIDEWALK GAP 100-01-8900 105.00 Vendor BAXTER & WOODMAN Total: 105.00 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN00677584 04/30/2024 REMOVE RADIO SYSEM 225-00-5110 200.00 FOX VALLEY FIRE & SAFETY IN00677917 04/30/2024 KNAPHEIDE EQUIP RADIO 225-00-5110 195.00 Vendor FOX VALLEY FIRE & SAFETY Total: 395.00 Vendor: LAVRISA, VICTORIA LAVRISA, VICTORIA 29152 04/30/2024 PGM CXL 100-41-3637 90.00 Vendor LAVRISA, VICTORIA Total: 90.00 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW INV0015934 04/30/2024 APRIL TRAFFIC MTHLY 100-01-5230 4,000.00 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: 4,000.00 Vendor: MUNICIPAL CLERKS OF LAKE COUNTY MUNICIPAL CLERKS OF LAKE 6/1/24-5/31/25 05/06/2024 M JOHNSON ANNUAL MSHIP 100-01-5410 20.00 Vendor MUNICIPAL CLERKS OF LAKE COUNTY Total: 20.00 Vendor: NICOR GAS NICOR GAS INV0015935 04/30/2024 UTIL 100-42-5510 234.04 NICOR GAS INV0015935 04/30/2024 UTIL 100-42-5510 151.70 NICOR GAS INV0015935 04/30/2024 UTIL 100-45-5510 740.37 NICOR GAS INV0015935 04/30/2024 UTIL 100-46-5510 70.27 NICOR GAS INV0015935 04/30/2024 UTIL 400-00-5510 264.89 NICOR GAS INV0015936 04/30/2024 UTIL 510-31-5510 1,210.16 NICOR GAS INV0015936 04/30/2024 UTIL 510-32-5510 9,806.44 Vendor NICOR GAS Total: 12,477.87 Vendor: OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD OTTOSEN DINOLFO 5984 04/30/2024 LEGAL 100-01-5230 1,428.00 Vendor OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD Total: 1,428.00 Vendor: ROMANSKA, ALEKSANDRA ROMANSKA, ALEKSANDRA 30859 04/30/2024 CLASS CXL 100-41-3637 87.00 Vendor ROMANSKA, ALEKSANDRA Total: 87.00 Vendor: SABEL MECHANICAL LLC SABEL MECHANICAL LLC 240245 04/30/2024 WWTP INSTALL NEW GATES 510-32-8500 41,900.00 Vendor SABEL MECHANICAL LLC Total: 41,900.00 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 526744396 04/30/2024 C HALL COPIERS 620-00-5110 598.56 US BANK EQUIPMENT FINANCE 527301329 04/30/2024 PW COPIER 620-00-5110 336.21 Vendor US BANK EQUIPMENT FINANCE Total: 934.77 5/1/2024 3:34:49 PM 132 Expense Approval Register Packet: APPKT02998 - 5-6-24 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILL CO 13396C089 04/30/2024 SLUDGE 510-32-5580 342.80 Vendor WINNEBAGO LANDFILL CO Total: 342.80 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 167785 04/30/2024 CORPORATE 100-01-5230 16,818.75 ZUKOWSKI ROGERS FLOOD & 167786 04/30/2024 TRAFFIC 100-01-5230 5,126.07 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 21,944.82 Grand Total: 135,483.62 5/1/2024 3:34:49 PM 133 Expense Approval Register Packet: APPKT02998 - 5-6-24 AP CKS Fund Summary Fund Expense Amount 100 - GENERAL FUND 38,502.08 225 - ALARM BOARD FUND 395.00 400 - RECREATION CENTER FUND 2,267.24 510 - WATER/SEWER FUND 93,384.53 620 - INFORMATION TECHNOLOGY FUND 934.77 Grand Total: 135,483.62 134 Expense Approval Register McHenry, IL #2 List of Bills Council Meeting - 5-6-24 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: 5 STAR SPORTS ACADEMY INC 5 STAR SPORTS ACADEMY INC 4-11-24 04/30/2024 invoice session 1 2024 jan/feb 100-47-5110 1,356.00 Vendor 5 STAR SPORTS ACADEMY INC Total: 1,356.00 Vendor: A-ABLE ALARM SERVICE INC A-ABLE ALARM SERVICE INC 75682 04/30/2024 Bathroom Repairs 100-45-5110 164.96 Vendor A-ABLE ALARM SERVICE INC Total: 164.96 Vendor: ADVANCED FIRE PROTECTION & SAFETY, INC ADVANCED FIRE PROTECTION 6285 04/30/2024 6285 100-03-5120 775.00 Vendor ADVANCED FIRE PROTECTION & SAFETY, INC Total: 775.00 Vendor: AHW, LLC AHW, LLC 11855944 04/30/2024 Gator Door Handle INV# 510-32-5370 121.99 Vendor AHW, LLC Total: 121.99 Vendor: AMERICAN SOLUTIONS FOR BUSINESS AMERICAN SOLUTIONS FOR INV07356550 04/30/2024 ICSC Pens Promo 100-06-5110 182.36 AMERICAN SOLUTIONS FOR INV07366768 04/30/2024 ICSC Shot Glasses promo 100-06-5110 442.36 AMERICAN SOLUTIONS FOR INV07369976 04/30/2024 ICSC NOTEBOOKS PROMO 100-06-5110 441.47 Vendor AMERICAN SOLUTIONS FOR BUSINESS Total: 1,066.19 Vendor: ARAMARK REFRESHMENT SERVICES LLC ARAMARK REFRESHMENT 26312368 04/30/2024 Inv# 26312368 510-31-4510 195.23 Vendor ARAMARK REFRESHMENT SERVICES LLC Total: 195.23 Vendor: ARAMARK ARAMARK 26281022 04/30/2024 Clothing: Dillon 100-45-4510 32.96 ARAMARK 26299930 04/30/2024 Clothng: Zimmerman 100-45-4510 287.26 Vendor ARAMARK Total: 320.22 Vendor: AT&T AT&T 6569478803 04/30/2024 AT&T Fiber Internet 250M 620-00-5110 1,241.80 AT&T 8637788809 04/30/2024 Voice Over IP - IP-Flex 620-00-5320 386.91 AT&T 9209439804 04/30/2024 AT&T Monthly Phone Invoice 620-00-5320 666.12 Vendor AT&T Total: 2,294.83 Vendor: BIDDLE CONSULTING GROUP, NC BIDDLE CONSULTING GROUP, 78194 04/30/2024 Inv #78194 - Online CritiCall 100-23-5110 4,319.00 Vendor BIDDLE CONSULTING GROUP, NC Total: 4,319.00 Vendor: BLUE LINE, THE BLUE LINE, THE 46296 04/30/2024 Inv #46296 - Telecommunicator 100-23-5110 298.00 Vendor BLUE LINE, THE Total: 298.00 Vendor: BRANIFF COMMUNICATIONS INC BRANIFF COMMUNICATIONS 0035381 04/30/2024 2024 SIREN MAINTENANCE 220-00-5375 4,085.00 Vendor BRANIFF COMMUNICATIONS INC Total: 4,085.00 Vendor: BSN SPORTS INC BSN SPORTS INC 925520266 04/30/2024 Playground repairs 100-45-6110 1,099.99 Vendor BSN SPORTS INC Total: 1,099.99 Vendor: BUSS FORD SALES BUSS FORD SALES 5050719 04/30/2024 301 (5050719) 100-22-5370 296.30 BUSS FORD SALES 5050844 04/30/2024 318 5050844 100-22-5370 154.66 BUSS FORD SALES 5050916 04/30/2024 320 5050916 100-22-5370 882.98 BUSS FORD SALES 6097905 04/30/2024 125 (6097905) 100-45-5370 911.57 BUSS FORD SALES 6098051 04/30/2024 806 (6098051) 510-35-5370 3,234.38 Vendor BUSS FORD SALES Total: 5,479.89 5/1/2024 3:39:42 PM 135 Expense Approval Register Packet: APPKT02999 - 5-6 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 69424 04/30/2024 custodial supplies 400-00-6111 371.92 Vendor CABAY & COMPANY INC Total: 371.92 Vendor: CASTLE AUTOMOTIVE GROUP CASTLE AUTOMOTIVE GROUP 5112440 04/30/2024 623 (5112440) 510-32-5370 79.47 Vendor CASTLE AUTOMOTIVE GROUP Total: 79.47 Vendor: CENTRAL TREE SERVICE CENTRAL TREE SERVICE 11871 05/06/2024 Tree and Brush Removal 100-33-6950 7,400.00 Vendor CENTRAL TREE SERVICE Total: 7,400.00 Vendor: CINTAS CINTAS 5206474521 04/30/2024 AED Battery 400-00-6130 131.98 CINTAS 5207037389 05/06/2024 First Aid 100-45-5110 73.50 Vendor CINTAS Total: 205.48 Vendor: CIOX HEALTH CIOX HEALTH 0453751127 04/30/2024 Inv #0453751127 - Subpoena 100-22-5110 98.75 Vendor CIOX HEALTH Total: 98.75 Vendor: CMP INDUSTRIES, INC CMP INDUSTRIES, INC 766 04/30/2024 Street lighting supplies 100-45-6110 110.00 Vendor CMP INDUSTRIES, INC Total: 110.00 Vendor: COMCAST CABLE COMCAST CABLE 2866 4-5-24 04/30/2024 PW Internet 620-00-5110 172.90 COMCAST CABLE 3136 4-4-24 04/30/2024 WW Cable TV & Internet 620-00-5110 191.70 Vendor COMCAST CABLE Total: 364.60 Vendor: COMCAST ENS COMCAST ENS 6202324317 04/30/2024 Comcast Ethernet Network 620-00-5110 3,993.00 Vendor COMCAST ENS Total: 3,993.00 Vendor: CONDUENT HR SERVICES LLC CONDUENT HR SERVICES LLC 1719338 04/30/2024 MARCH HSA ADMIN FEES 600-00-6960 56.25 Vendor CONDUENT HR SERVICES LLC Total: 56.25 Vendor: CONNOR CO CONNOR CO SO10844098.001 04/30/2024 Plumbing supplies 100-45-6110 43.58 Vendor CONNOR CO Total: 43.58 Vendor: CONSERV FS CONSERV FS 65171437 04/30/2024 Sportfield supplies 100-45-6110 102.50 Vendor CONSERV FS Total: 102.50 Vendor: COPLEY ROOFING CO INC, CHARLES COPLEY ROOFING CO INC, 11523 04/30/2024 Construction roofing: Jaycee 445-00-8200 2,400.00 COPLEY ROOFING CO INC, 11524 04/30/2024 Construction roofing: Jaycee 445-00-8200 5,000.00 Vendor COPLEY ROOFING CO INC, CHARLES Total: 7,400.00 Vendor: CRYSTAL LAKE PARK DISTRICT CRYSTAL LAKE PARK DISTRICT 4-29-24 04/30/2024 Trip - Wisconsin Tour 100-46-5110 352.00 Vendor CRYSTAL LAKE PARK DISTRICT Total: 352.00 Vendor: DACRA TECH LLC DACRA TECH LLC DT2024-03-071 05/06/2024 Dacra Citations Q1-24 620-00-5110 26.00 Vendor DACRA TECH LLC Total: 26.00 Vendor: DON'S COUNTRY WOODSHOP DON'S COUNTRY WOODSHOP 1899 04/30/2024 CUSTOM CNC SIGN - 100-01-4220 1,060.00 Vendor DON'S COUNTRY WOODSHOP Total: 1,060.00 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS I10970 04/30/2024 2 Meter BFP Gravity Belt Gear 510-32-5375 210.73 DREISILKER ELECTRIC MOTORS INVI11035 04/30/2024 Boone Lagoon Transformer Oil 510-32-5380 740.60 Vendor DREISILKER ELECTRIC MOTORS INC Total: 951.33 Vendor: EDESIGN CHICAGO EDESIGN CHICAGO 2017208 04/30/2024 Dowtown Map 100-41-6110 490.00 5/1/2024 3:39:42 PM 136 Expense Approval Register Packet: APPKT02999 - 5-6 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount EDESIGN CHICAGO 2017209 04/30/2024 Dowtown Map 100-41-6110 190.00 Vendor EDESIGN CHICAGO Total: 680.00 Vendor: ED'S RENTAL & SALES INC ED'S RENTAL & SALES INC 415650-1 04/30/2024 Tool Rental 100-45-5370 80.00 Vendor ED'S RENTAL & SALES INC Total: 80.00 Vendor: ED'S TESTING STATION AND AUTOMOTIVE ED'S TESTING STATION AND INV 1542 04/30/2024 Vehicle Safety Insp. (404, 406, 100-33-5370 160.00 Vendor ED'S TESTING STATION AND AUTOMOTIVE Total: 160.00 Vendor: EVOQUA WATER TECHNOLOGIES LLD EVOQUA WATER INV#906389891 04/30/2024 SWWTP Clarifier Limit Switches 510-32-5375 638.96 Vendor EVOQUA WATER TECHNOLOGIES LLD Total: 638.96 Vendor: FIRE HOUSE GYM FIRE HOUSE GYM 4-10-24 04/30/2024 Invoice Feb classes 100-47-5110 2,336.50 Vendor FIRE HOUSE GYM Total: 2,336.50 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 21873 04/30/2024 Concrete for Riverside Drive 510-31-6110 1,086.00 FISCHER BROS FRESH 21885 04/30/2024 Concrete for Water Service 510-31-6110 710.63 FISCHER BROS FRESH 21886 04/30/2024 Concrete for Water Service 510-31-6110 987.00 Vendor FISCHER BROS FRESH Total: 2,783.63 Vendor: FREUNDLY DESIGNS FREUNDLY DESIGNS 426 04/30/2024 Dance - Instructor Gifts 100-46-6110 153.00 Vendor FREUNDLY DESIGNS Total: 153.00 Vendor: GALLS LLC GALLS LLC 027557170 04/30/2024 Inv #027557170 - Name plate 100-23-6210 20.15 GALLS LLC 027591290 04/30/2024 Inv #027591290 - Uniform 100-22-4510 130.93 Vendor GALLS LLC Total: 151.08 Vendor: GORDON FLESCH COMPANY INC, GORDON FLESCH COMPANY IN14628290 05/06/2024 MFP Monthly Page Count Ricoh 620-00-5110 560.92 Vendor GORDON FLESCH COMPANY INC, Total: 560.92 Vendor: GRAINGER GRAINGER 9083449455 05/06/2024 Willow Lift Phase Monitor Relay 510-32-5380 167.50 Vendor GRAINGER Total: 167.50 Vendor: HALOGEN SUPPLY COMPANY HALOGEN SUPPLY COMPANY 00610166 04/30/2024 Main Drain Cover Pool 100-42-6110 95.99 Vendor HALOGEN SUPPLY COMPANY Total: 95.99 Vendor: HAWKINS INC HAWKINS INC 6726492 04/30/2024 Chemical Delivery #6726492 510-32-6110 12,812.80 HAWKINS INC 6732467 04/30/2024 Inv# 6732467 510-31-6110 20.00 HAWKINS INC 6736768 04/30/2024 Chemical Delivery #6736768 510-32-6110 8,028.40 Vendor HAWKINS INC Total: 20,861.20 Vendor: HDR, INC HDR, INC 1200612562-12 04/30/2024 2023 COMPREHENSIVE & 100-03-5110 16,000.00 Vendor HDR, INC Total: 16,000.00 Vendor: HEARTLAND BUSINESS SYSTEMS, LLC HEARTLAND BUSINESS 682967H 04/30/2024 AXIS T91B47 Pole Mount for 620-00-8300 232.53 HEARTLAND BUSINESS 682967-H 04/30/2024 AXIS P1467-LE 5 Megapixel 620-00-8300 1,329.52 HEARTLAND BUSINESS 687007-H 04/30/2024 Microsoft Monthly M365 620-00-5110 4,267.23 HEARTLAND BUSINESS 689490-H 04/30/2024 AXIS Q1806-LE 4 Megapixel 620-00-8300 1,291.16 HEARTLAND BUSINESS 689490-H 04/30/2024 AXIS T91B67 Pole Mount for 620-00-8300 85.35 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total: 7,205.79 Vendor: HIGHSTAR TRAFFIC HIGHSTAR TRAFFIC 4449 04/30/2024 Street signage 100-45-6110 2,593.45 HIGHSTAR TRAFFIC 4480 04/30/2024 Type 2 Barricades #4480 100-33-6110 2,677.50 HIGHSTAR TRAFFIC 4494 04/30/2024 Fraction Signs #4494 100-33-6110 241.50 Vendor HIGHSTAR TRAFFIC Total: 5,512.45 5/1/2024 3:39:42 PM 137 Expense Approval Register Packet: APPKT02999 - 5-6 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: HINCKLEY SPRINGS HINCKLEY SPRINGS 23840828 041324 04/30/2024 Lab Water # 23840828 041324 510-32-6110 83.72 Vendor HINCKLEY SPRINGS Total: 83.72 Vendor: HOLCIM-MAMR, INC HOLCIM-MAMR, INC 719347990 04/30/2024 Virgin Grade 9 #719347990 100-33-6110 258.36 HOLCIM-MAMR, INC 719350711 04/30/2024 Virgin Grade 9 McHenry Storm 100-33-6110 268.13 HOLCIM-MAMR, INC 719354189 04/30/2024 Virgin Grade 9 McHenry Storm 100-33-6110 528.48 HOLCIM-MAMR, INC 719362676 04/30/2024 Virgin Grade 9 #719362676 100-33-6110 291.84 HOLCIM-MAMR, INC 719367076 04/30/2024 Sand Glenbrook Trl Water Main 510-31-6110 286.04 HOLCIM-MAMR, INC 719371853 04/30/2024 FM-2 Sand for Glenbrook 510-31-6110 146.04 Vendor HOLCIM-MAMR, INC Total: 1,778.89 Vendor: HYDRO INTERNATIONAL (WASTEWATER) HYDRO INTERNATIONAL SIN-004328 04/30/2024 Micro Screen Belts INV# SIN- 510-32-5375 7,139.28 Vendor HYDRO INTERNATIONAL (WASTEWATER) Total: 7,139.28 Vendor: ILLINOIS DEPT OF AGRICULTURE ILLINOIS DEPT OF 2324610 04/30/2024 Pesticide License: Friedle 100-45-5430 120.00 ILLINOIS DEPT OF 2324611 04/30/2024 Pesticide License: Dillon 100-45-5430 90.00 ILLINOIS DEPT OF 2324615 04/30/2024 Certifications: Van Landuyt 100-45-5430 120.00 ILLINOIS DEPT OF 2324616 04/30/2024 Certifications: Jake Reilly 100-45-5430 90.00 Vendor ILLINOIS DEPT OF AGRICULTURE Total: 420.00 Vendor: ILLINOIS TOLLWAY ILLINOIS TOLLWAY VN5106426922 04/30/2024 Inv #VN5106426922 - Unpaid 100-22-5110 12.30 Vendor ILLINOIS TOLLWAY Total: 12.30 Vendor: IMPRESSIVE IMAGES IMPRESSIVE IMAGES 7132 JOHNSOM,S 04/30/2024 Sean Johnson Uniform 510-35-4510 48.00 IMPRESSIVE IMAGES 7132 04/30/2024 Varvitsiotes, Peter Uniform 100-33-4510 144.00 Vendor IMPRESSIVE IMAGES Total: 192.00 Vendor: IN-PIPE TECHNOLOGY COMPANY INC IN-PIPE TECHNOLOGY 2554 04/30/2024 Monthly Invoice # 2554 510-32-5110 8,525.00 Vendor IN-PIPE TECHNOLOGY COMPANY INC Total: 8,525.00 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 102097928 04/30/2024 kimball stock (102097928) 100-33-5370 171.10 KIMBALL MIDWEST 102124895 04/30/2024 kimball stock (102124895) 100-33-5370 332.67 KIMBALL MIDWEST 102152289 04/30/2024 817 (102152289) 510-35-5370 492.67 KIMBALL MIDWEST 102152801 04/30/2024 kimball order (102152801) 510-32-6110 199.72 Vendor KIMBALL MIDWEST Total: 1,196.16 Vendor: KNAPHEIDE EQUIPMENT CO-CHICAGO KNAPHEIDE EQUIPMENT CO- 068F102642 04/30/2024 427 068f102642 100-33-5370 299.25 Vendor KNAPHEIDE EQUIPMENT CO-CHICAGO Total: 299.25 Vendor: LEISTEN, RICHARD LEISTEN, RICHARD 1-15 1-12-24 04/30/2024 LEISTEN UNION DUES REFUND 100-2180 81.16 Vendor LEISTEN, RICHARD Total: 81.16 Vendor: LOCKER'S FLOWERS LOCKER'S FLOWERS 703621 04/30/2024 Dance - Recital Flowers 100-46-6110 176.00 Vendor LOCKER'S FLOWERS Total: 176.00 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC P52535 04/30/2024 Street light supplies 100-45-6110 175.00 Vendor MCCANN INDUSTRIES INC Total: 175.00 Vendor: MCHENRY COMMUNITY SCHOOL DIST #15 MCHENRY COMMUNITY 135 04/30/2024 invoice 135 rentals 100-47-5110 2,790.00 Vendor MCHENRY COMMUNITY SCHOOL DIST #15 Total: 2,790.00 Vendor: MCMASTER-CARR SUPPLY CO MCMASTER-CARR SUPPLY CO 25289940 04/30/2024 Aearation Blower Belts INV# 510-32-5375 502.34 Vendor MCMASTER-CARR SUPPLY CO Total: 502.34 Vendor: MEADE INC MEADE INC 708323 04/30/2024 Crystal Lake Rd Traffic Signal 100-33-5110 276.05 5/1/2024 3:39:42 PM 138 Expense Approval Register Packet: APPKT02999 - 5-6 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount MEADE INC 708324 04/30/2024 Crystal Lake Rd Traffic Signal 100-33-5110 184.03 Vendor MEADE INC Total: 460.08 Vendor: MENARDS-FOX LAKE MENARDS-FOX LAKE 68625 04/30/2024 Archery supplies 100-45-6110 183.86 MENARDS-FOX LAKE 69208 04/30/2024 Petersen Farm garden supplies 100-45-6110 48.88 MENARDS-FOX LAKE 69209 04/30/2024 Clothing allowance: Friedle 100-45-4510 42.99 Vendor MENARDS-FOX LAKE Total: 275.73 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 99528 04/30/2024 Inv #99528 - Vehicle Repair 100-22-6210 193.85 Vendor MINUTEMAN PRESS OF MCH Total: 193.85 Vendor: MOTOROLA MOTOROLA 8299720240301 04/30/2024 Inv #8299720240301 - 100-22-5320 3,359.00 Vendor MOTOROLA Total: 3,359.00 Vendor: NORTH EAST MULTI-REGIONAL TRAINING INC NORTH EAST MULTI-REGIONAL 351623 04/30/2024 Invoice #351623 - FTO Training 100-22-5430 510.00 Vendor NORTH EAST MULTI-REGIONAL TRAINING INC Total: 510.00 Vendor: NORTHERN ILLINOIS POLICE ALARM SYSTEM NORTHERN ILLINOIS POLICE 15343 04/30/2024 Invoice #15343 - Language line 100-22-5110 22.50 Vendor NORTHERN ILLINOIS POLICE ALARM SYSTEM Total: 22.50 Vendor: PETROCHOICE LLC PETROCHOICE LLC 51482585 04/30/2024 Parks Fuel: 51482585 100-45-6250 1,351.97 Vendor PETROCHOICE LLC Total: 1,351.97 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 185733 04/30/2024 Inv #185733 - Service bars 100-22-6210 224.00 PETTIBONE & CO, P F 185780 04/30/2024 Invoice #185780 - Retirement 100-22-6110 479.25 Vendor PETTIBONE & CO, P F Total: 703.25 Vendor: PITEL SEPTIC INC PITEL SEPTIC INC 25827 04/30/2024 Portable toilet rental: 25827 100-45-5110 1,080.00 Vendor PITEL SEPTIC INC Total: 1,080.00 Vendor: RESTORATION 1 RESTORATION 1 3295 04/30/2024 Inv #3295 - Squad cleaning 100-22-5370 199.00 Vendor RESTORATION 1 Total: 199.00 Vendor: RUSSO POWER EQUIPMENT RUSSO POWER EQUIPMENT SPI20609058 04/30/2024 parks spi20609058 100-45-5370 174.15 RUSSO POWER EQUIPMENT SPI20613884 04/30/2024 parks spi20613884 100-45-5370 174.15 Vendor RUSSO POWER EQUIPMENT Total: 348.30 Vendor: SB FRIEDMAN DEVELOPMENT ADVISORS, LLC SB FRIEDMAN DEVELOPMENT 1.26.24 04/30/2024 2/24-4/12/24 PROFESSIONAL 290-00-5110 15,797.50 Vendor SB FRIEDMAN DEVELOPMENT ADVISORS, LLC Total: 15,797.50 Vendor: SCHOPEN PEST SOLUTIONS INC SCHOPEN PEST SOLUTIONS INC 110732 04/30/2024 Recreation Center pest control 400-00-5110 85.00 Vendor SCHOPEN PEST SOLUTIONS INC Total: 85.00 Vendor: SHAW MEDIA SHAW MEDIA 37864 2024 05/06/2024 Newspaper Subscription 100-41-5450 463.80 Vendor SHAW MEDIA Total: 463.80 Vendor: SNAPOLOGY OF MCHENRY SNAPOLOGY OF MCHENRY 1281 04/30/2024 Snapology Party 400-00-5225 150.00 SNAPOLOGY OF MCHENRY 1282 04/30/2024 Cont - Snapology Inv. 1282 100-46-5110 176.00 Vendor SNAPOLOGY OF MCHENRY Total: 326.00 Vendor: SNAP-ON INDUSTRIAL SNAP-ON INDUSTRIAL 61006765 04/30/2024 shop tool (61006765) 100-33-5370 3,199.00 Vendor SNAP-ON INDUSTRIAL Total: 3,199.00 Vendor: SOUND OF MUSIC & VIDEO SYSTEMS SOUND OF MUSIC & VIDEO 15665 04/30/2024 Direct TV Service 400-00-5375 348.00 Vendor SOUND OF MUSIC & VIDEO SYSTEMS Total: 348.00 5/1/2024 3:39:42 PM 139 Expense Approval Register Packet: APPKT02999 - 5-6 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: STREAMING IT PRODUCTIONS STREAMING IT PRODUCTIONS 1224-201 04/30/2024 Dance - Video Final Payment 100-46-6110 1,470.00 Vendor STREAMING IT PRODUCTIONS Total: 1,470.00 Vendor: THINK BIG GO LOCA L THINK BIG GO LOCAL 4-24-24 04/30/2024 BluDot ShopNDineRewards 100-06-5110 860.00 Vendor THINK BIG GO LOCAL Total: 860.00 Vendor: TODAY'S UNIFORMS TODAY'S UNIFORMS 254746 04/30/2024 Inv #254746 - Uniform Order - 100-22-4510 31.90 TODAY'S UNIFORMS 254747 04/30/2024 Inv #254747 - Uniform Order - 100-22-4510 199.95 TODAY'S UNIFORMS 254895 04/30/2024 Invoice #254895 - Uniform 100-23-4510 69.95 TODAY'S UNIFORMS 254907 04/30/2024 Invoice #254907 - Uniform 100-23-4510 151.90 TODAY'S UNIFORMS 254908 04/30/2024 Inv #254908 - Uniform Order - 100-22-4510 75.95 TODAY'S UNIFORMS 254926 04/30/2024 Inv #254926 - Uniform Order - 100-22-4510 75.95 TODAY'S UNIFORMS 255009 04/30/2024 Inv #255009 - Uniform Order - 100-22-4510 119.90 TODAY'S UNIFORMS 255044 04/30/2024 Invoice #255044 - Uniform 100-23-4510 209.85 TODAY'S UNIFORMS 255049 04/30/2024 Invoice #255049 - Uniform 100-23-4510 73.95 TODAY'S UNIFORMS 255161 04/30/2024 Invoice #255161 - Uniform 100-22-4510 75.95 TODAY'S UNIFORMS 255278 04/30/2024 Invoice #255278 - Uniform 100-22-4510 305.85 TODAY'S UNIFORMS 255279 04/30/2024 Invoice #255279 - Uniform 100-22-4510 85.90 TODAY'S UNIFORMS 255304 04/30/2024 Inv #255304 - Uniform Order - 100-22-4510 29.95 TODAY'S UNIFORMS 255399 04/30/2024 Invoice #255399 - Uniform 100-22-4510 31.00 TODAY'S UNIFORMS 255436 04/30/2024 Invoice #255436 - Uniform 100-23-4510 55.95 TODAY'S UNIFORMS 255437 04/30/2024 Invoice #255437 - Uniform 100-23-4510 60.95 TODAY'S UNIFORMS 255445 04/30/2024 Invoice #255445 - Uniform 100-23-4510 74.95 TODAY'S UNIFORMS 255450 04/30/2024 Invoice #255450 - Uniform 100-23-4510 56.95 TODAY'S UNIFORMS 255451 04/30/2024 Invoice #255451 - Uniform 100-22-4510 275.00 TODAY'S UNIFORMS 255678 04/30/2024 Invoice #255678 - Uniform 100-22-4510 433.50 TODAY'S UNIFORMS 255791 04/30/2024 Invoice #255791 - Uniform 100-22-4510 579.40 TODAY'S UNIFORMS 255792 04/30/2024 Invoice #255792 - Uniform 100-22-4510 65.95 TODAY'S UNIFORMS 255804 04/30/2024 Inv #255804 - Uniform Order - 100-22-4510 105.00 TODAY'S UNIFORMS 255817 04/30/2024 Invoice #255817 - Uniform 100-22-4510 75.95 TODAY'S UNIFORMS 255823 04/30/2024 Inv #255823 - Uniform Order - 100-22-4510 69.95 TODAY'S UNIFORMS 255865 04/30/2024 Invoice #255865 - Uniform 100-23-4510 239.85 TODAY'S UNIFORMS 255939 04/30/2024 Inv #255939 - Uniform Order - 100-22-4510 34.95 TODAY'S UNIFORMS 256035 04/30/2024 Invoice #256035 - Uniform 100-22-4510 95.95 TODAY'S UNIFORMS 256036 04/30/2024 Invoice #256036 - Uniform 100-22-4510 62.95 TODAY'S UNIFORMS 256037 04/30/2024 Invoice #256037 - Uniform 100-22-4510 190.85 TODAY'S UNIFORMS 256053 04/30/2024 Invoice #256053 - Uniform 100-22-4510 55.95 TODAY'S UNIFORMS 256056 04/30/2024 Invoice #256056 - Uniform 100-22-4510 57.95 TODAY'S UNIFORMS 256174 04/30/2024 Invoice #256174 - Uniform 100-22-4510 29.95 TODAY'S UNIFORMS 256220 04/30/2024 Invoice #256220 - Todays 100-22-4510 120.00 TODAY'S UNIFORMS 256256 04/30/2024 Uniform - Mike Wood 620-00-4510 49.95 TODAY'S UNIFORMS 256257 04/30/2024 Uniform - Michael Hodge 620-00-4510 125.90 TODAY'S UNIFORMS 256308 04/30/2024 Invoice #256308 - Uniform 100-23-4510 74.95 TODAY'S UNIFORMS 256315 04/30/2024 Invoice #256315 - Uniform 100-23-4510 74.95 TODAY'S UNIFORMS 256377 04/30/2024 Invoice #256377 - Uniform 100-23-4510 55.95 TODAY'S UNIFORMS 256378 04/30/2024 Invoice #256378 - Uniform 100-23-4510 82.95 TODAY'S UNIFORMS 256379 04/30/2024 Invoice #256379 - Uniform 100-23-4510 55.95 Vendor TODAY'S UNIFORMS Total: 4,800.50 Vendor: TOPS IN DOG TRAINING CORP TOPS IN DOG TRAINING CORP 26849 04/30/2024 Invoice #26849 - K9 100-22-6310 545.00 Vendor TOPS IN DOG TRAINING CORP Total: 545.00 Vendor: ULINE ULINE 176799330 04/30/2024 City Fuel Pad - Bollard Sleeves 100-33-6110 1,375.90 Vendor ULINE Total: 1,375.90 Vendor: UNITED CANVAS & AWNING INC UNITED CANVAS & AWNING 38888 04/30/2024 Petersen Stage repairs: Canvas 100-45-5110 360.00 Vendor UNITED CANVAS & AWNING INC Total: 360.00 5/1/2024 3:39:42 PM 140 Expense Approval Register Packet: APPKT02999 - 5-6 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: USA BLUEBOOK USA BLUEBOOK 00321142 04/30/2024 Sludge Building INV# 00321142 510-32-5375 387.77 USA BLUEBOOK 00332862 04/30/2024 Sludge Building INV# 00332862 510-32-5375 197.80 USA BLUEBOOK 00336631 04/30/2024 Inv# 00336631 510-31-6270 456.00 USA BLUEBOOK 00342982 04/30/2024 Inv# 00342982 Hach buffer 510-31-6110 90.45 Vendor USA BLUEBOOK Total: 1,132.02 Vendor: VIKING ELECTRIC VIKING ELECTRIC SO07932792.001 04/30/2024 5007932792.001 100-03-5120 3,093.04 Vendor VIKING ELECTRIC Total: 3,093.04 Vendor: XANDRA, LLC XANDRA, LLC 1367 04/30/2024 APPRAISAL - NORTHSIDE OF 290-00-5110 3,000.00 Vendor XANDRA, LLC Total: 3,000.00 Vendor: XYLEM WATER SOLUTIONS USA INC XYLEM WATER SOLUTIONS USA 3556D17746 04/30/2024 UV Module Lift Safety Switches 510-32-5375 677.00 XYLEM WATER SOLUTIONS USA 3556D19859 04/30/2024 Lift Station Floats INV# 510-32-5380 3,875.00 Vendor XYLEM WATER SOLUTIONS USA INC Total: 4,552.00 Vendor: YOUNG REMBRANDTS - MCHENRY & NORTH KANE COUNTIES, IL YOUNG REMBRANDTS - 1074 04/30/2024 Cont - Young Rembrandts 100-46-5110 600.00 Vendor YOUNG REMBRANDTS - MCHENRY & NORTH KANE COUNTIES, IL Total: 600.00 Grand Total: 175,460.74 5/1/2024 3:39:42 PM 141 Expense Approval Register Packet: APPKT02999 - 5-6 AP CKS Fund Summary Fund Expense Amount 100 - GENERAL FUND 77,273.58 220 - CIVIL DEFENSE FUND 4,085.00 290 - TIF FUND 18,797.50 400 - RECREATION CENTER FUND 1,086.90 445 - CAPITAL ASSET MAINTENANCE & REPLACEMENT 7,400.00 510 - WATER/SEWER FUND 52,140.52 600 - EMPLOYEE INSURANCE FUND 56.25 620 - INFORMATION TECHNOLOGY FUND 14,620.99 Grand Total: 175,460.74 142 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA ITEM DATE: May 6, 2024 TO: City Council FROM: Deputy Clerk Monte Johnson RE: Honduras Restaurant Video Gaming AGENDA ITEM SUMMARY: Restaurante Hondureno Bustillo Matute LLC, located at 4113 W Shamrock Lane, has applied for a video gaming license. The restaurant opened in November of 2023 and has already been issued a Class B liquor license. They are now coming forward to request video gaming. It does not appear that they are trying to operate as a video gaming café, and that the primary focus of the business is as a restaurant. The purpose of the request for video gaming appears to be wanting to supplement their income to help the restaurant succeed. RECOMMENDATION: A motion to approve a video gaming license to Restaurante Hondureno Bustillo Matute at 4113 W Shamrock Lane, and if approved a motion to pass an Ordinance Amending Section 4- 6-8, Subsection A – Number of Licenses, of the McHenry City Code 143 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA ITEM DATE: May 6, 2024 TO: City Council FROM: Deputy Clerk Monte Johnson RE: Foxhole Pub Liquor AGENDA ITEM SUMMARY: Foxhole Pub has applied for a Class A liquor license at 3308 W Elm Street. New owners are planning to take over the former Fox Hole Pizza restaurant. The Mayor, Chief of Police, City Administrator, and Deputy Clerk met with the new business owners, and the background checks have been completed and successfully passed. Staff is hopeful that the new ownership group will be able to bring new life into this historic business for the City. RECOMMENDATION: A motion to approve a Class A Liquor License to Foxhole Pub, located at 3308 W Elm Street, and if approved, pass an Ordinance Amending Title 4-2-6, Subsection D-1, Limitation on Number of Licenses, of the McHenry City Code. 144 Owner Bios Rhett Wilborn, McHenry IL- 45% Owner My name is Rhett Wilborn. I am a lifelong resident of McHenry County, having grown up in Crystal Lake, and a resident of the city of McHenry since 2014. I own a successful roofing and exterior company called Innovative Home Concepts which has been in business since 2005. I also own residential and commercial investment properties, all located in McHenry County. I have been an entrepreneur since a very young age and love to learn new things and use my knowledge and experience to improve homes, properties, and businesses. I learned about business from my parents, Doreen and Terry Wilborn, who back in the day owned several businesses in the area, including the infamous Sloppy T's, which was very popular in the 90's and early 2000's. After Sloppy T's closed because the Chrysler dealership bought their building to expand , My Mom, supported by my Dad, opened a bar / restaurant in Southern Illinois that became very popular and successful. Unfortunately, my Mom passed away in 2009. Her death ended that business venture and it was sold shortly after. Having lived in McHenry for the past decade, I have fallen in love with the history of the area. The River and Chain of Lakes, Green Street, Main Street, and Riverside Drive (old Water Street) are some of the coolest areas in the County. And even though I didn't live here at the time, I did frequent McHenry when my parents owned their bar here. At that time McHenry, for lack of a better term, was suffering. But since I moved here, the City has slowly and successfully regentrified. Mayor Jett and the City Council have done an awesome job in attracting and promoting new business, new development, and new rehabilitation in key areas. I believe there is no reason that McHenry can't be the crown jewel City of McHenry County. And I also believe if the powers that be continue the path they are on, McHenry will be the top destination it once was and should be again. When you talk about the history of McHenry, there is no better example than the Riverside Hotel. Built in the 1860's the Hotel has been a part of the community for longer than anyone alive can remember. Jay and Judy, the newest owners of the building, have done a stellar job in trying to stabilize and improve the building. Jay, like me, is a history buff and loves the history of the building and would love to restore her to her former glory. Only time will tell how far they get on their quest. A large part of the recent history of the Riverside Hotel is The Foxhole. Dating back to just after World War 2, when Harry's New York CaBARet Bar changed its name to the Foxhole to honor Veterans coming back from the War, this establishment has been a staple in the community. From families going out on Friday nights for delicious pizza to little league teams celebrating after a close win, to folks wanting to go out for a drink in a cool subterrain tavern, the Foxhole was the place to be. I have had the pleasure of 145 talking to quite a few "old timers" that used to frequent the establishment back in the day, all of them have so many good stories and great memories of the place. I have been told many times that the Foxhole was the place to go. As everyone knows, the Foxhole unfortunately was forced to close its doors last December. It was a sad ending to the latest chapter in the history of a loved place. There are many theories to why it closed, and I won't speculate, but most people will agree it was slowly declining for several years before it finally shuttered. Let's be honest, the character of the space was there but the atmosphere was declining. Mismatched and stained ceiling tiles, ripped seats, a grand old classic bar in dire need of rehabilitation, a kitchen falling apart, scary bathrooms, and food preparation process that the health department deemed dangerous. The decline was obvious and unfortunately fatal to the business. Ever since we moved to McHenry, we took our family to the Foxhole. It was a place to get pizza and beers. Nothing fancy, family friendly, in a historical building that had a good vibe. Past that I never thought about it. Then it closed. I did regret not going more often. I saw the outpour of concern from the community on social media. And I wondered what would become of it. I even at that time thought, maybe it wouldn't be a bad thing to get involved in it. But life got in the way, I soon forgot. Until I was approached by one of the sales reps from our contracting business, Kevin Rourke. He had been talking to the owners of the building, had toured the space a half dozen times, and was extremely interested in taking it over. What really convinced me however was his passion for the Foxhole. His family had been going there for decades. His parents, his grandparents, his whole family frequented the restaurant. He had so many memories of the place dating all the way back to when he was a little kid. He shared with me that even as a little one he had dreamed of owning the Foxhole. I have known Kevin for about 7 years, I had never seen him so serious and so passionate about something. I know about business, marketing, sales, rehabbing houses, and home improvement but very little about the restaurant/bar business. Kevin knows restaurants. He has managed several pizza places, he's grown up in the restaurant business (his parents own Dilar's in Richmond), and he is an excellent cook. I call him Chef Kevin, even though he doesn't like it. With my and Courtney Wander's business knowledge, Kevin's restaurant management and cooking knowledge, and the history and allure of the Foxhole itself, we feel very confident this venture will be successful. 146 I have looked at other spaces on Green Street and other places but they weren't set up to be a restaurant so there was what seemed like an unsurmountable amount of work to be done. The Foxhole is a bar and is a restaurant as it sits. It could have quite literally been opened the day we signed the lease. But if we did that the Foxhole would still just be a "hole in the ground". Our intent is to do what should have been a long time ago. We are in the process of cleaning the place out and cleaning it up. We want to maintain the charm, history, and vibe but make it clean and fresh. I won't go into too many details about the remodel to preserve the mystery, but I will say people won't be afraid to use the washrooms anymore and you will love taking your family here for dinner or coming down to have a drink or two with your friends. And don't worry the food is going to be great too. We are using the existing menu as a backbone for our new menu with some exciting changes. Along with the original thin crust that everyone loved, we are adding a true Chicago style deep dish pizza that will knock your socks off. We are also adding melt in your mouth broasted chicken from an age-old Rourke family breading recipe, Courtney's "Naw off the Bone" Ribs that aren't your grandma’s crook pot fall off the bones ribs but real BBQ style bones, and to top things off we will be serving a Chicken Parm sandwich and Chicken Parm dinner to die for. We want to bring the Foxhole back to its past glory. We want it to not just be a place that had good memories for so many, but a place where many good memories are still made for years and years to come. Our goal is to make McHenry known for the River, The Riverwalk, for the Warriors, and for Foxhole Pizza! And remember, everyone knows Monday night is Foxhole Pizza Night, so mark your calendars. We are excited to serve you! Courtney Wander, McHenry IL- 35% Owner I was born in Park Ridge ALMOST 50 years ago. I moved to Wonder Lake when I was 5. I started Kindergarten at Landmark! I have been in the McHenry area for as long as I can remember. I graduated from West Campus in 1993. All through High School I worked for McDonalds. The one right on Route 120- The OG. I was there from the time I was 14 years old ( I remember the day me and my sister Brandi landed jobs there- we celebrated by going to Spurgeons and buying new matching Leather Fringe Jean Jackets) I was granted a scholarship to go to MCC after High School and took various classes in Early Childhood Education and Biological Sciences. I shadowed teachers for a day at Ridgefield Montessori School. This was the day I realized that I was not made to be a teacher. I switched my classes to focus more on finances and accounting. Numbers were my thing. They made sense and there was 147 a ”right” answer to every problem. I liked that. After my stint at MCC, I landed a job at Witron Integrated Logistics in Arlington Heights. Witron is a German Engineering Firm that automates warehouses across the world. This was the US headquarters. I was the Administrator and started there when they were brand new to the US. Talk about a learning curve! Germans have no idea how to deal with Americans. I t was fun, it was what I liked (numbers) as I was responsible for all the bookkeeping and reported to the CFO in Holland. My time there lasted about 10 years when a friend (Rhett Wilborn) reached out to me to see if I could help him with a company he had recently opened, Innovative Home Concepts in Crystal Lake. In 2005, Rhett opened the business and in 2006 I joined him. I have been responsible for the day-to-day operations at Innovative since then. When Kevin approached us about this opportunity, I have to say, I was Excited! I always loved the Foxhole growing up and I know so many members of the McHenry Community will completely embrace it. Serving on the board for the McHenry Jr. Warriors Youth Football league I have visions of hosting fundraising nights and after game events at our pizza place for the kids and their families. It makes me smile, and I know Kevin has the gumption to make it successful. I, the same as Rhett, will be overseeing business at the Foxhole by watching the numbers and helping with marketing. We will be managing by numbers while Kevin will be immersed in the day-to-day operations of the business as the General Manager. Ryleigh Morton, McHenry IL- 10% Owner I was born and raised in McHenry, I graduated from East Campus (last year for Seniors at East!) in 2021- Covid Year- Not much fun for us Seniors as we missed out on a lot! The good thing Covid did for me, it had forced me to look at the world in a different way. I hear older adults say, ‘things aren’t the same since Covid”, but in all honesty things are the same for me. I became an adult at one of the strangest times in history. The world was shut down. I graduated from High School. I had to make money. I started working at Rusty Nail as a hostess when I was 16 so the restaurant business was what I knew. I went from hosting to serving while in High School and changed jobs to work at Studio Hot Rods Roadhouse Bar and Grill. There I was a server until Covid shut us down to the outside world. We opened a food truck and I was able to continue working out of the food truck serving folks in the community. Once Covid was “over” Studio Hot Rods reopened as Studio Hot Rods Smokehouse- There I managed front of the house and bar of a smokehouse for 4 years. My duties included: scheduling employees, ordering 148 food and liquor for bar and kitchen, closing out drawers at night, creating food/bar menus, managing floor during open hours, expo food, serving tables, tracking food handler and basset certificates, end of night tip payouts.... and much more. Unfortunately, the owner of the restaurant decided to close and sell the property. I currently am an inside production coordinator for Innovative Home Concepts in Crystal Lake. My duties include, scheduling install crews, ordering material, applying for permits, scheduling city inspections, acting liaison for homeowners and crews, job costing, and much more. My role at Foxhole Pizza and Pub will consist of training servers, reporting, keeping track of inventory, and miscellaneous duties as they arise. We all work as a team. My strength is in the front end of the house. About me Personally, I have a fiancée of 4 years, we met shortly before I graduated and moved in together when I was 18. We have 3 cats, 1 dog, 1 snake and 7 fish. My hobbies include organizing anything and everything I can, spreadsheets are my best friend. In my free time I like to garden, read novels, and watch educational podcasts. I also practice Photography on the side. Skyler Wilborn, McHenry IL- 10% Owner My name is Skyler Wilborn, and I am a 10% investor in the Fox Hole, along with my dad Rhett, my stepmom Courtney, and my sister Ryleigh, who are also partners in this venture. Our family operates effectively as a team with all of us working at Innovative Home Concepts, an exterior home remodeling company founded by my dad in 2005. There, we collaborate daily, with each of us playing a unique role to fulfill our common mission. The entrepreneurial spirit is deeply ingrained in our family history, with my grandparents previously owning both a home renovation company and a bar here in McHenry. I am excited and proud to build upon my grandparents' legacy through our work at Innovati ve Home Concepts and our involvement with the Fox Hole. Having lived in McHenry for only a few years, I am already witnessing its transformation into a vibrant, thriving community. The Fox Hole, a well-known local landmark, seemed at risk of being left behind in what could be considered the "old" McHenry. However, I see it as perfectly positioned with some love and care to regain its former glory and become an integral part of the revitalized McHenry. I am thrilled for my family and myself to not only be a part of McHenry's history but to also help shape its future. 149 Kevin Rourke, Ringwood IL- General Manager I am a McHenry OG! I graduated from McHenry High East School in 2002 and became an amateur skateboarder from age 21-26 sponsored by Monster Energy Drinks touring and winning competitions! Once I found out I was going to be a father, I had to quit and cut my hair and get a job! My daughter is now 13. From Ages 18-32 I worked in the pizza industry. After I quit skateboarding, I opened or took over management of 5 different pizza restaurants. For the new ones, I would open them from the ground up and get them to a point where a manager could take over day to day operations. For the struggling ones I stepped in and helped them increase their weekly sales up to double their current revenue within 6 months. I have worked at my family’s restaurant, Dilar’s in Richmond since the age of 14. I step in where needed but mostly in the kitchen. The back end of the house is my strong area of expertise. I am fully capable of running the entire restaurant, bu t I have to say cooking is my passion. We have a lot of family recipes that I intend to incorporate into the new and improved Foxhole Pizza and Pub. I am a part time sales consultant at Innovative Home Concepts with Rhett, Courtney, Skyler and Ryleigh. I have known the family for many years and know by watching how they care about their customers and their people at Innovative, that this venture is supported by the most caring and dedicated people I know. I am enthusiastic and excited to open and make Foxhole a place of community and fun for McHenry. A family place. A good vibe. About me personally, I am a socializer at heart. I love talking to other restaurant owners and have become friends with quite a few people in the industry. Everyone that I have talked to about our plans is very excited and very supportive of our venture. I am so excited about this opportunity to be a part of McHenry’s culture for years to come. 150 1VIcHenr License Classification Application Date* 4/18/2024 License Type* A Class"D"(Special EvenP'license has a separate application A B C E F G H Liccnsc Classifications-Link to classificarions list in the City Code Catering Endorsement? Permits the service of alcoholic liquors for consumption,either on-site or off-site,whether the location is licensed or unlicensed,as an incidental part of food service.Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract. No Yes 300 additional fee for Catering Endorsement N ew/Transfer* New Business Transfer of License Applicant Business Name of Business* Foxhole Pub Name on License Name to appear on liquor license(if different than above). Address* 3308 West Elm Street McHenry IL 60050 Phone* Email* Type of Business* Sole Proprietor Partnership LLC or Corporation Principal Business Type* Bar Restaurant Retail Store Hotel Gas Station Gaming Parlor Other 151 Video Gaming* Do you intend to apply for video gaming? No Yes A separate application will need to be filled out for video gaming. The issuance of a qualified liquor license in the City of McHenry does not guarantee that a video gaming license will be issued. State of Filing List state of filing for LLC,Corporation,Partnership and Sole Proprietor WY Alcohol Sale Length How long has the business been in the business of selling alcohol?List date. NEW Zoning What Zoning Classification is the business property? Business Location History Date Date on which the business opened or will open at the above Business Location 7/1/2024 Property Ownership Is the property at which the applicant business is located owned or lesed by the applicant7 Owned Leased List the property owner information for the leased property. A copy of the property lease agreement must also be submitted. If the property is owned by a land trust,trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. Person or Business Name Riverside House Partners LLC Address PO box 561 wauconda Phone Number 8478754764 Email Location Qualifications* Is the location of the applican'ts business for which the license is sought within one hundred feet of any church,schook,hospital,funeral home, home for aged or indigent persons or for veterands and their families or any military or naval station? No Yes Parking How many private property parking spaces are associated with the business location? Business Agent An agent is the authorized representative of the Licensee who has supervisory authority over all employees of the license premises.An agent may be an owner, partner, member,or designated manager. 152 Full Name* Courtney Wander Date of Birth* Home Address* Street Address,City,Zip Phone* Email* Business History History* Have the applicant(s)(including all 5%or higher owners),corporation,LLC,or partnership ever engaged in the business or sale of alcoholic liquor at any other location? No Yes Business Licensing and Filing Identification ROT# ApplicanYs Retailer's Occupation tax(ROT)Registration Number Delinquency* Has applicant been delinquent in the payment of the Retailer's Occupational Tax(Sales Tax)? No Yes Insurance List the name and address of dram shop insurance company along with the policy numbers for both the applicant business and owner of the building(if leased)in which the alcoholic liquor will be sold for the duration of the license. Insurance Company PENDING Insurance Company Address Policy Number Owner Insurance Company Owner Insurance Address Owner Policy Number Background Questionnaire 153 The following questions are in relation to the McHenry City Liquor Ordinance and Illinois law as it pertains to liquor licensing.All questions must be answered honestly. Failure to do so may disqualify you from the application process. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor;and will you abide by them? Yes No Will you maintain the entire premises in a safe,clean and sanitary manner free from conditions,which might cause accidents? Yes No Will you attempt to prevent rowdiness,fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? Yes No Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license,advanced money or anything else of value or any credit(other than merchandising credit in the ordinary course of business for a period not in excess of 90 days),or is such a person directly or indirectly interested in the ownership, conduct or operation of the place of business? Yes No Have any of the applicants, including all listed agents and partners who have a minimum of a 5%ownership in the business been convicted of any violation of any law pertaining to alcoholic liquors? Liquor Violations?* Yes No Felony/Misdemeanor?* Have any of the applicants,including all listed agents and partners who have a minimum of a 5%ownership in the business been convicted of a felony or misdemeanor? Yes No Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? Yes No Has any owner(s)or member(s)of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager,or director thereof;or, any stockholder owning in the aggregate more than twenty(20)percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? Federal Gaming/Wagering Stamp* Yes No Have you,or any partner,or owner of 5%or more shares of the business or Agent, ever had a liquor license revoked or suspended? 154 Suspension* Yes No Liqour Suspension Information For a large number of suspensions,a separate document may be submitted in lieu of filling out the boxes below. Name Date and Location of Offense Is any individual who is directly or indirectly interested in applicanYs place of business,a law-enforcing official or elected public official (mayor,alderman, and member of any City commission,committee or board)? Official or Officer* Yes No Public Official or Officer Information Name Address Phone Have you ever been convicted of a gambling offense(if a partnership or corporation, include all partners, owners of 5°/o or more shares of the corporation and the local manager)? Gambling Offense Yes No Ownership Records A List of all owners, partners,stock holders and members must be listed below. In lieu of filling out multiple boxes, additional supporting paperwork may be submitted. Owner Information Name Rhett Wilborn Date of Birth Address Street Address,City,Zip Phone 155 Email Percentage of Ownership 45 Name Courtney Wander Date of Birth Address Street Address,City,Zip Phone Email Percentage of Ownership 35 Name Ryleigh Morton Date of Birth Address Street Address,City,Zip Phone Email Percentage of Ownership 10 Name Skyler Wilborn Date of Birth Street Address,City,Zip Phone Email 156 Percentage of Ownership 10 File Upload Upload supporting documents,certificate of insurance,etc I,the undersigned, being first duly sworn,deposes and says that I(we), have read the above and foregoing Application,caused the answers to be provided thereto and all of the information given on said Application to be true and correct,and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. Signature of Authorized Agent of Corporation i iit ii i/l ii't Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. Date* 4/18/2024 157 ORDINANCE NO. 24- Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Section 4-2-6, subsection D-1, of the Municipal Code relating to liquor license classifications, shall be amended as follows: D.1. Class A (Full Bar) License: Issuance of a Class A license shall authorize the sale of alcoholic liquor for consumption on the premises, and the retail sale of packaged liquor. The annual fee for such licenses shall be one thousand five hundred dollars ($1,500.00). A Class A licensee shall be eligible to apply for a catering endorsement for an additional fee of three hundred dollars ($300.00), which shall permit the servicing of alcoholic liquor for off-site consumption as an incidental part of food service, sold at a package price, as agreed upon under contract. Nonprofit organizations with a Class A license shall be eligible to pay a reduced fee of five hundred dollars ($500.00) per year to receive and maintain a Class A license. No more than XXX (XX) Class A licenses shall be in force in the City at any time. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 6th day of May, 2024. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ 158 Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 159 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA ITEM DATE: May 6, 2024 TO: City Council FROM: Deputy Clerk Monte Johnson RE: Foxhole Pub Video Gaming AGENDA ITEM SUMMARY: Foxhole Pub has applied for a Class A liquor license at 3308 W Elm Street. They are also requesting video gaming. The former Fox Hole Pizza restaurant also had been issued a video gaming license. RECOMMENDATION: Pending the approval of a Class A liquor license, a motion to approve a video gaming license to Foxhole Pub at 3308 W Elm Street, McHenry, and if approved, a motion to pass an Ordinance Amending Section 4-6-8, Subsection A – Number of Licenses, of the McHenry City Code. 160 161 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Mayor and City Council FOR: May 6, 2024 City Council Meeting FROM: Cody Sheriff, City Planner RE: Ordinance Annexing a 0.597-acre Tract of Land Commonly Known as 1920 Orchard Beach Road in McHenry County, Illinois ATT: 1. Ordinance Annexing a 0.597-acre Tract of Land Commonly Known as 1920 Orchard Beach Road in McHenry County, Illinois 2. Petition for Annexation AGENDA ITEM SUMMARY: The City of McHenry received a petition for annexation by the property owner of 1920 Orchard Beach Road. The Property Owner is requesting annexation in order to connect to the City’s Sanitary Sewer to accommodate a 2-bedroom addition above the existing garage. Based on lot size, the 0.597-acre property shall be zoned RS-1a Medium Low Density Single Family Residential upon annexation If the City Council concurs, it is recommended the attached Ordinance Annexing 1920 Orchard Beach Road be approved (Mayor & City Council Vote, Simple Majority). 162 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO. 24- AN ORDINANCE ANNEXING A 0.597-ACRE TRACT OF LAND COMMONLY KNOWN AS 1920 ORCHARD BEACH ROAD IN MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a written petition has been filed with the City Clerk by Robert Garcea (Property Owner) requesting annexation of 1920 Orchard Beach Road to the City legally described on “Exhibit A”, attached hereto and incorporated herein, the “SUBJECT PROPERTY”, along with a complete and accurate plat of said real estate incorporated herein and attached hereto on “Exhibit A”, and which petition has been filed in accordance with 65 ILCS 5/7-1-8; and WHEREAS, said real estate is not located within any other municipality or subject to an annexation agreement with any other municipality, and said real estate is presently contiguous to and may be annexed to the City in accordance with 65 ILCS 5/7-1-1, et seq.; and WHEREAS, the City of McHenry does not provide library or fire protection services to said real estate, so notice to the Fire Protection District or Public Library District of the annexation of said real estate is not required; and WHEREAS, the City has determined that the annexation of said real estate is in the best interest of the City, will promote sound planning and growth of the City, and otherwise enhance and promote the general welfare of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY be and the same is hereby annexed to and made a part of the corporate limits of the City of McHenry, including any and all portions of adjacent street, roads or highways as provided by law. SECTION 2: That the SUBJECT PROPERTY shall be zoned RS-1a Medium Low Density Single-Family Residential upon annexation pursuant to §11-2-13 of the City of McHenry Zoning Ordinance. SECTION 3: The City Clerk is hereby directed to cause a certified copy of this ordinance, together with said plat, to be recorded in the Office of the Recorder of Deeds of McHenry County, 163 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Illinois. Following the recordation of this ordinance and plat, a copy thereof shall be filed in the Office of the Clerk of McHenry County, Illinois. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 6th day of May, 2024. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Mayor Jett _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 164 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT A PLAT OF SURVEY – 1920 ORCHARD BEACH ROAD 165 166 Petition for Annexation The law provides that territory contiguous to a Municipality may be annexed upon petition signed by ALL the owners of such land and at least 50% of the voters residing thereon. Such annexation is initiated by the filing of this petition by said owners of record and said voters residing thereon. It is absolutely necessary that ALL the owners and at least 50% of the voters sign this petition if annexation is to be completed in this manner. Address of Property to be Annexed *1920 Orchard Beach Lane, McHenry, IL 60050 Property Index Number(s) of Property to be Annexed (if known) Petitioner Information Name of Petitioner *Robert Garcea Petitioner Phone Number *630-417-1140 Petitioner Email Address *RGarcea3@gmail.com If petitioner's residence address is different than address to be annexed: Address of Petitioner Street, City, State, Zip 212 S CRAIG PL, Lombard, IL 60148 Number of Acres .5 Electors Residing in Territory?*Yes No To:   The Mayor and City Council of the City of McHenry, McHenry County, Illinois. 1.  The Petitioner(s), listed above, individually or collectively, as the case may be, respectfully states under oaththat: a) Petitioner(s) is the sole owner(s) of record of land comprising of the number of acres listed above; b) The territory is not situated within the limits of any municipality, but is contiguous to the City of McHenry; c) If there are electors residing within the Territory, at least 51% of the electors join in this Petition for Annexation by executing it. 2.  Petitioner respectfully requests: a) The Territory to be annexed to the City of McHenry by ordinance of the Mayor and City Council of the City of McHenry, pursuant to Section 7-1- 8 of the Illinois Compiled Statutes of the State of Illinois (65 ILCS 5/7-1-8), as amended. b) Such other action to be taken as appropriate in the premises.167 Under penalties as provided by law, Petitioner(s) being first duly sworn upon oath, deposes and states that they have knowledge of the foregoing Petition for Annexation and of the facts alleged therein; and that the same are true and correct to the best of their knowledge, information and belief. Signatures Acknowlegement *I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. Signature * Date Time 04/05/2024 If you have a legal description, plat of survey, plat of annexation, or a copy of a current tax bill, please upload those documents here.  If you do not have these documents, you may submit this application but City Staff may need to contact you for further information if necessary. Upload documents 168 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Mayor and City Council FOR: May 6, 2024 City Council Meeting FROM: Cody Sheriff, City Planner RE: Ordinance granting a Use Variance to allow the Outdoor Storage of Automobiles, Recreational Vehicles, Trailers, and Equipment as the Principal Use on a portion of the property located at 2212 N Richmond Road. ATT: 1. Unapproved Planning and Zoning Commission Minutes dated April 17, 2024 2. Ordinance granting a Use Variance to allow the Outdoor Storage of Automobiles, Recreational Vehicles, Trailers, and Equipment as the Principal Use on a portion of the property located at 2212 N Richmond Road. 3. Planning & Zoning Commission Staff Report & Petitioner’s Application Packet AGENDA ITEM SUMMARY: The petitioner, Vantage McHenry Holdings LLC., is requesting approval of a Use Variance to allow the Outdoor Storage of Automobiles, Recreational Vehicles, Trailers, and Equipment as the Principal Use on a portion of the property located at 2212 N Richmond Road. Currently zoned C-5 Highway Commercial District, the Zoning Ordinance does not allow Outdoor Storage as a Principal Use in any Zoning District. Located south of the existing Shops at the Fox River Commercial Subdivision, the development is located on a 7-acre portion of the property that is currently farmed. The storage area would be able to store up to a maximum of 140 full sized semi tractor trailers, recreational vehicles, or boats. PLANNING & ZONING COMMISSION DISCUSSION & RECOMMENDATION: A public hearing for the request was held on April 17, 2024. Overall, there was limited discussion on the item and the Commission did not feel that approval of the request would generate any adverse impacts on the surrounding property owners given the existing dense 169 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org vegetation surrounding the site. There were no objectors from the public present. The Planning & Zoning Commission unanimously recommended approval. If the City Council concurs, it is recommended that the attached ordinance granting a use variation to allow the outdoor storage of automobiles, recreation vehicles, trailers, and equipment as the principal use on a portion of the property located at 2212 N Richmond Road be approved (City Council vote-simple majority). 170 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning & Zoning Commission Meeting Minutes April 17, 2024 File No. Z-2024-05 Petitioner: Vantage McHenry Holdings LLC Request for a Use Variance to allow the Outdoor Storage of Automobiles, Recreational Vehicles, Trailers, and Equipment as the Principal Use Chairwoman Rockweiler opened the file at 5:49 p.m. Nate Wynsma was present and sworn in. Planner Sheriff stated that all public hearing requirements were met. Mr. Wynsma explained that they own a parcel of land south of the Fox River Shops, south of Diamond Drive. The area is proposed near the former Route 53 bypass right-of-way. There are 25.5 acres, much of which is wooded and wetlands. The area that is primarily farmed is the part that is being proposed for development. The variance would allow them to have a storage facility that is professionally operated. They would develop less than 30% of the property and keep the rest natural. They have easements for the existing paved area to get to their property. They would preserve the wetlands, run a professional operation, and have an automated and gated electronic entry, and it would be secured, surrounded by fence, and well lit. They intend to cater primarily to businesses for trucks, equipment, RVs, boats, and trailers. There would be no short-term use with all long-term leases and no overnight stays. Planner Sheriff stated that the use variation is for outdoor storage. Staff visited the site and noted that the storage area would be mostly farmed land. He took a picture from the existing townhomes, and they can’t even see the farmed area due to it being heavily wooded. With the natural separation, Staff does not anticipate any adverse impacts on the townhomes. Included in the conditions of approval is that they must maintain the natural screening of the site or some type of appropriate substitution. Commissioner Locke asked if they would use an asphalt pad. Mr. Wynsma explained that it would be a hard surface of recycled asphalt that is striped. Commissioner Locke stated he was concerned about runoff. It was explained that this will be handled through the final engineering with surveys and plans to d=help drain it. It generally runs south and east towards the wetlands. It is naturally sloped. If needed, they would incorporate storm 171 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org basins that would hold a certain volume and would clean the runoff before being discharged. Mr. Locke asked what the heavy equipment consisted of. It was explained that this would be similar to trucks that Asplundh has. Many companies have trucks that drivers can’t take at home at night and park in subdivisions. They hope to cater to similar fleet companies. Chairwoman Rockweiler opened the public hearing at 5:59 p.m. With nobody wishing to speak, the public hearing was closed at 5:59 p.m. Commissioner Riley stated that he had no worries about the request. Commissioner Davis asked if storage containers would be the primary storage. It was explained that vehicles would be primarily stored there but some containers might be mixed in. Commissioner Bremer asked if people traveling with motor homes would stay there with the overnight trucking. It was explained that there can be no overnight sleeping. The motorhomes that would be parked there would belong to RV businesses and not individuals. Commissioners Lehman and Locke had no problem with the request. A motion was made by Commissioner Lehman and seconded by Commissioner Davis to recommend approval of the Petitioner’s request for a Use Variation to allow the Outdoor Storage of Automobiles, Recreational Vehicles, Trailers, and Equipment as the Principal Use of the Subject Property, subject to the following conditions: 1. The Property Owner shall be required to maintain the natural landscape screening surrounding the 7-acre project area to the greatest extent possible or screen the project area from view with an appropriate substitute as determined by the Zoning Administrator. 2. All development on site shall be in substantial conformance with the submitted plans. AND by making said motion, you agree that the approval criteria for Use Variances have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman. 1-absent: Gleason. 0-nay; 0-abstained. Motion Carried. File Z-2024-05 was closed at 6:03 p.m. 172 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 24- ORDINANCE GRANTING A USE VARIANCE TO ALLOW THE OUTDOOR STORAGE OF AUTOMOBILES, RECREATIONAL VEHICLES, TRAILERS, AND EQUIPMENT AS THE PRINCIPAL USE ON A PORTION OF THE PROPERTY LOCATED AT 2212 N RICHMOND ROAD WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed by Vantage McHenry Holdings LLC., (“PROPERTY OWNER”), requesting approval of a Use Variance to allow Outdoor Storage as the principal use on a 7-acre portion of the property commonly known as 2212 N Richmond Road, legally described in “EXHIBIT A”, attached hereto and incorporated herein, “SUBJECT PROPERTY”; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 17, 2024 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission recommended to the City Council the granting of the requested Zoning Variation and Conditional Use Permit (6-aye; 0-nay; 0-abstain); and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the request is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals, and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted approval of a Use Variance to allow the Outdoor Storage of Automobiles, Recreational Vehicles, Trailers, and Equipment as the Principal Use on a 7-acre portion of the property, subject to the following condition(s): 1. The Property Owner shall be required to maintain the natural landscape screening surrounding the 7-acre project area to the greatest extent possible or screen the project 173 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org area from view with an appropriate substitute as determined by the Zoning Administrator. 2. All development on site shall be in substantial conformance with the submitted plans attached hereto in “EXHIBIT B”. SECTION 2: In granting said Use Variance, the City Council finds that the approval criteria for Use Variances listed in §11-19-6 of the City of McHenry Zoning Ordinance have been met. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 6h day of May, 2024. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 174 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT A Legal Description PARCEL 1: PART OF THE SOUTHEAST ¼ OF SECTION 23, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST ¼ OF SAID SECTION 23; THENCE NORTH 88 DEGREES 51 MINUTES 55 SECONDS EAST ALONG SAID NORTH LINE, 340.02 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF FA ROUTE 201 AS DESCRIBED IN CIRCUIT COURT CASE #73-3756 AND THE PLACE OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 51 MINUTES 55 SECONDS EAST ALONG SAID NORTH LINE, 1,560.81 FEET TO THE WEST LINE OF THE EAST 755.70 FEET OF SAID SOUTHEAST ¼; THENCE SOUTH 0 DEGREES 4 MINUTES 30 SECONDS EAST ALONG SAID WEST LINE, 1,199.77 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID FA ROUTE 201; THENCE NORTH 62 DEGREES 5 MINUTES 3 SECONDS WEST ALONG SAID RIGHT OF WAY LINE, 672.94 FEET; THENCE NORTH 57 DEGREES 59 MINUTES 55 SECONDS WEST ALONG SAID RIGHT OF WAY LINE 701.78 FEET; THENCE NORTH 45 DEGREES 23 MINUTES 6 SECONDS WEST ALONG SAID RIGHT OF WAY LINE, 365.41 FEET; THENCE NORTH 26 DEGREES 28 MINUTES 34 SECONDS WEST ALONG SAID RIGHT OF WAY LINE, 251.66 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. PIN: 09-23-400-030 175 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT B Development Plans 176 Vantage Secure Storage Exhibits Rendering of Parcel A 177 Overall Site Plan 178 Access Easement to Route 31 179 Typical Gate Entry Typical Chain Link Fence Typical Lighting 180 181 182 183 SStafff Reportt forr thee Cityy off McHenryy Planningg && Zoningg Commissionn Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUNDD && REQUESTT SUMMARYY The petitioner, Vantage McHenry Holdings LLC., is requesting the following zoning approval(s) to operate an outdoor rental storage facility on the property commonly known as 2212 N Richmond Road: 1. Request for a Use Variation to allow the Outdoor Storage of Automobiles, Recreational Vehicles, Trailers, and Equipment as the Principal Use in conjunction with the operation of an Outdoor Rental Storage Facility. The project area is located on a 7-acre portion of the property that is currently farmed. The remaining area surrounding the development site is mainly composed of wetlands and natural vegetation to the east, west and south. The property owner will be required to submit a wetland delineation and tree removal plan as part of the permitting process. The overall development consists of the installation of a 6-8’ tall black chain link fence with barbed wire and an electric entryway gate. The 7-acre storage area would be able to store up to a maximum of 140 full-sized semi tractor trailers, recreational vehicles, or boats. CITYY OFF MCHENRYY ORDINANCESS •The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance 184 SSTAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is currently zoned C-5 Highway Commercial District and is surrounded by other C-5 zoned properties to the north, townhomes and single family residential to the northeast located in incorporated Johnsburg, unincorporated agriculture farmhouses to the east, and FAP-420 to the south. The area surrounding the 7-acre project site consists primarily of wetlands and mature trees. The primary concern for outdoor storage land use is aesthetics and screening. Staff believes the outdoor storage area would be heavily screened from view of the adjoining property owners given the existing natural vegetation. (see below photo) Staff have included as a condition of approval that the property owner shall be responsible for maintaining the natural screening of the site from view as determined by the Zoning Administrator. Overall, staff does not anticipate that the proposed use would generate any adverse impacts on the adjoining property owners. Figure 1 - view southwest from the adjoining townhome subdivision. FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map identifies this property as an environmental corridor with wetlands in addition to Business Park land use. The proposed use of the farmed area while preserving the wetlands is somewhat consistent with the intent of the Future Land Use Map. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments x Land Use, Objective – “Allow a mixture of land uses in appropriate areas to promote responsible growth while providing a high quality of life to the residents.” (p. 27) Staff believes the proposed use of the property will provide a service that is greatly needed in the City of McHenry. Most storage facilities in the City do not offer outdoor storage space. Additionally, the City has seen an increase in unlawful overnight parking of commercial trucks. Approval of the request potentially could help alleviate unlawful overnight truck parking in the City. Staff believes approval of 185 the request would be supportive of providing a high quality of life to residents by providing additional recreational and commercial vehicle storage. x Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect residential or open space uses.” (p. 27) The subject property is heavily screened from view. Staff believes the proposed commercial use would have minimum visibility from the adjoining residential properties. Overall staff believes approval of the request would not negatively affect the residential or open space uses. x Natural Resources, Policy – “Development shall fit into the natural landscape and mass stripping/leveling of sites shall be discouraged.” (p. 58) The proposed development takes advantage of the natural resources in the area by limited construction to mostly in the farmed area. Overall, staff believes the site plan is supportive of fitting into the natural landscape within the vicinity of the property. SSITEE PLANN ANALYSISS x Fencing.The petitioner is proposing a 6-8ft tall chain-link fence with barbed wire. x Landscaping & Screening. The petitioner is proposing to screen the site from view utilizing the existing natural tree line. Staff have included as a condition of approval that the petitioner shall be required to maintain the natural screening to the greatest extent possible or screen the 7-acre site from view with an appropriate substitute as determined by the Zoning Administrator. x Entrance. The petitioner has received approval of a site access easement from the Shops at the Fox River commercial center to allow truck traffic to enter the site along the back outskirts of the property. The entrance to the site would also have an electronic gate. 186 SSTAFF SUMMARY ANALYSIS x The 7-acre project area is heavily screened from view of the adjoining property owners by an existing wetland and natural tree line. Staff believes the visibility of the site to be limited given the existing natural screening. Staff have included a condition of approval requiring the petitioner to maintain the natural screening of the property to the greatest extent possible. x The Future Land Use Map recommends this site for a Business Park mixed in with an environmental corridor. As such, the Comprehensive Plan recommends that any development take advantage of buildable area while minimizing any negative impact on natural resources. The proposed 7-acre project area is located on the farmland portion of the property while minimizing the impact on the existing wetland. If the Planning & Zoning Commission agrees with the petitioner’s request, then the following motion is recommended: MOTION: I motion/move to recommend approval of the Petitioner’s request for a Use Variation to allow the Outdoor Storage of Automobiles, Recreational Vehicles, Trailers, and Equipment as the Principal Use of the Subject Property, subject to the following conditions: 1. The Property Owner shall be required to maintain the natural landscape screening surrounding the 7-acre project area to the greatest extent possible or screen the project area from view with an appropriate substitute as determined by the Zoning Administrator. 2. All development on site shall be in substantial conformance with the submitted plans. AND by making said motion, you agree that the approval criteria for Use Variances have been met as outlined in the staff report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) Comments of staff italicized below. A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Staff believes the proposed use of the property is appropriate given the lack of visibility and inaccessibility of the site to the public. The site is advantageous to support commercial outdoor rental storage given this lack of access and the existing natural tree line screening the property from view. Staff believes that denial of the request would place an undue hardship given these site constraints that would typically not be supportive of a traditional retail commercial development. B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this title for the pertinent zoning district. Staff believes the property cannot yield a reasonable return if permitted to only be used under the conditions allowed by the regulations of the C-5 Highway Commercial District given the unique site constraints related to overall accessibility and site visibility. C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. Staff does believe the request is under special circumstances uniquely for this property because the property is located behind a commercial shopping center and between an unimproved right-of-way. 187 The site is heavily screened from view by the naturally occurring wetlands within the vicinity of the project site. D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the locality, nor substantially impair environmental quality, property values or public safety or welfare in the vicinity. Staff does not believe approval of the request will generate any adverse impacts on the surrounding area given the level of natural screening provided by the adjacent wetland area. E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City. Staff believes the overall request is consistent with the Title and Comprehensive Plan by supporting commercial development while minimizing the impact on the existing natural resources to the greatest extent possible. Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice. 188 189 190 191 192 193 194 195 Vantage Secure Storage Vantage Secure Storage is a flexible solution for corporate and personal outdoor storage including semi-trucks, fleet vehicles, trailer/containers, RV’s, boats, industrial and contractor equipment. Vantage Secure is situated adjacent to IL Route 31 and encompasses overseven acresof surface storage area. Vantage will offer a seamless and secure service through the utilization of cutting-edge technology including secured chain link enclosure, high-efficiency perimeter lighting and an electronically-controlled keypad access with personalized online interface. Convenience, security and accessibility are key elements to what Vantage Secure will offer as flexible storage solutions for individuals and businesses throughout McHenry County. 196 Semi-Truck Parking Vantage Secure is an excellent solution for corporate and independent semi-truck owners looking to park their vehicles long term. The facility will provide outdoor semi parking options for a variety of truck sizes and storage solutions. The facility will have flexible capacity for up to 140 full-sized semi tractor trailers. x Companies in McHenry County that specialize in trucking and distribution require a large area of hard- surfaced parking and storage space for their trucks and trailers. In many cases this demand requires off- site storage facilities. A variety of lengths are provided to accommodate a range of different-sized trucks. Trucking and Distribution companies will be a primary target market for Vantage Secure. x Protection from theft, damage, liability, and vandalism will include a secure perimeter and lighting. Tenants are also given individualized access codes to enter or exit the property through the controlled-access gate. x Independent and corporate truck operators are faced with parking restrictions and regulations on public roads and on private property. Living in McHenry County can include restricted parking presenting challenges to parking a large vehicle such as a semi-truck. x Municipalities and homeowner associations may have weight restrictions or other rules prohibiting parking a semi-truck on driveways. Rarely are semis allowed to be parked in the street or driveway of any residential neighborhood for an extended period. 197 Trailer/Container Storage For many businesses, storage trailers and containers provide a more flexible and cost-efficient storage option than going through the process of acquiring and investing in additional warehouse space. Renting or utilizing storage trailers and containers are the perfect solution for businesses that are affected by seasonal fluctuations in inventory. Businesses can’t easily expand their warehouse space to accommodate inventory for the holidays without going through the costly and time-consuming process of acquiring additional warehouse or shop space. Storage of containers/trailers are ideal for static storage at commercial and industrial locations. Easily transportable and accessible, trailers and containers can be a critical solution for companies in need of temporary product storage. Equipment Storage/Parking In addition to truck parking, Vantage Secure will provide storage for corporate equipment and fleet vehicles in active use and longer-term storage. Local and regional contractors have vehicles and trailered equipment that may or may not be utilized every day that require parking. Service companies with a large inventory of vehicles and equipment face the same storage challenges as trucking and distribution providers. These types of vehicles, trailers and equipment require a great deal of surface parking that a company may not have room for at their own location. Typically, employees that operate this equipment do not park vehicles at their homes but rather bring them back to their place of business or a storage facility such as Vantage Secure to ensure secure care of their investment. 198 The purpose of fleet management for any organization is to maximize the efficiency of the vehicles or equipment it owns and operates. Maximizing the efficiency of any organization's asset often directly equates to increased productivity and overall safety for the vehicle drivers and equipment operators. Short term and long-term storage are critically essential to the success ofmany industries throughout McHenry County. Professionally operated, well-located, secure facilities are in high demand, but scarce due to lack of available land and zoning. RV & Boat Storage Vantage Secure offers outdoor space for most RV and boat sizes. Our spaces can accommodate over 50 feet in length this is ideal for RVs and boats too large for enclosed storage units, eliminating the concerns of navigating through small entryways or limited height dimensions. Vantage Secure will accommodate motor homes, campers boats providing safe and secure options for storing recreational vehicles when not in use. Vantage Secure will cater to individual owners as well as dealers and/or marina operators. Storage spaces are designed for all styles of motorhomes, including Class A, camper vans, towable campers, or truck campers. Class A motorhomes are similar in size to a large bus and average 33 feet in length. Camper vans can range in size between a standard van and RVs of 20 to 25 feet long. Vantage Secure understand the need for multiple parking spaces to store a variety of vehicles so our outdoor spaces provide plenty of room for many tow-behind campers, such as teardrop campers, pop-up campers, tiny trailers, and small fifth-wheel trailers which may be compact enough to fit within the rented area of an RV parking space ensuring all tenants property is adequately and efficiently secured and stored. 199 Outdoor boat storage has many potential advantages, including lower cost than indoor storage and easy availability, especially if the boat is sitting on its own trailer, however storage location options may be limited and lacking security, convenience and accessibility. Vantage Secure seeks to address these concerns by offering a professionally operated option for boat owners and marina operators including a clean, fenced, well-lit and secure facility. Access is secure and controlled at the convenience of the tenant, whether to transport or simply maintain their boat. McHenry is located a number of popular boating areas, boat launches and marinas, which make Vantage Secure a strategically located storage option for boats or virtually any size. Site improvements will include a reinforced concrete entry drive, a crushed and recycled asphalt surface, chain link perimeter fencing, electronic access gate surrounded by preserved wetlands, mature woodlands and storm water management facilities. Adjacent to paved commercial access to IL Route 31 make Vantage Secure a great outdoor storage asset for the community. 200 201 Vantage Secure Storage Exhibits Rendering of Parcel A 202 Overall Site Plan 203 Access Easement to Route 31 204 Typical Gate Entry Typical Chain Link Fence Typical Lighting 205 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Mayor and City Council FOR: May 6, 2024 City Council Meeting FROM: Cody Sheriff, City Planner RE: Ordinance granting a Conditional Use Permit for an Assembly Use (Church/Banquet Facility) and Use Variances to allow rental storage space (mini- warehouse), commercial office and kitchen space, and Zoning Variations to accommodate the existing principal and accessory structures. ATT: 1. Unapproved Planning and Zoning Commission Minutes dated April 17, 2024 2. Ordinance granting a Conditional Use Permit for an Assembly Use (Church/Banquet Facility) and Use Variances to allow rental storage space (mini-warehouse), commercial office and kitchen space, and Zoning Variations to accommodate the existing principal and accessory structures. 3. Planning & Zoning Commission Staff Report & Petitioner’s Application Packet AGENDA ITEM SUMMARY: The petitioner, First United Methodist Church, is requesting approval of a Conditional Use Permit to accommodate the existing Assembly Use (Church/Banquet Facility), Use Variations to allow rental storage space (mini-warehouse), commercial office and kitchen space, and Zoning Variations to accommodate the existing principal and accessory structures. The site has operated as a church for over 150 years and predates the incorporation of the City of McHenry. As such, a number of legal nonconformities exist, including encroachments within the required setback along the street lot line as well as the existing use of the property as a church/banquet facility. The petitioner is requesting approval of additional uses to help the church generate additional income to help preserve the existing structure and maintain the principal use of the property as a church. Staff have included several conditions of approval that would ensure the principal use of the property remains a church/banquet facility and not a commercial business. Being a nonprofit entity, the petitioner is also requesting approval of a waiver of the $950.00 206 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org application fee. The City has granted similar requests to other nonprofit organizations such as Home of the Sparrow. PLANNING & ZONING COMMISSION DISCUSSION & RECOMMENDATION: A public hearing for the request was held on April 17, 2024. Overall, there was limited discussion on the request. The Commission was largely in favor of the request so long as the principal use of the structure remained a church/banquet facility and the approved uses remained ancillary. The Commission unanimously voted to recommend approval. If the City Council concurs, then two (2) separate motions are recommended: 1) A motion to waive the Zoning Hearing Application Fee (City Council Vote, Simple-Majority); and 2) a motion to approve an Ordinance granting a Conditional Use Permit for an Assembly Use (Church/Banquet Facility) and Use Variances to allow rental storage space (mini-warehouse), commercial office and kitchen space, and Zoning Variations to accommodate the existing principal and accessory structures. 207 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning & Zoning Commission Meeting Minutes April 17, 2024 File No. Z-2024-06 Petitioner: Pastor Kurt Gamlin of First United Methodist Church Request for a Conditional Use Permit to allow an Assembly Use (Church/Banquet Facility), Use Variations to allow rental storage space (mini-warehouse), commercial office and kitchen space, and any Zoning Variations Necessary to Accommodate the existing Principal and Accessory Structures Chairwoman Rockweiler opened the file at 5:39 p.m. Planner Sheriff stated that all publication requirements have been met. Pastor Gamlin and Lynn Schnelker were sworn in. Ms. Schnelker stated that the church has been around as long as the City, and they are just trying to bring things up to date. Planner Sheriff stated that the church predates the City of McHenry and the zoning ordinances. They are requesting additional abilities to get more funding sources for the church. They are looking to allow rental storage within the church structure itself. They also already have a kitchen, so operating a commercial kitchen should not cause any adverse impacts to the area. Given the longevity of the use, Staff has no objections to the request subject to the conditions of approval. Chairwoman Rockweiler asked if providing rental storage would impact the functions of the usage of a church. It was explained that this use variance would only allow the storage if the church was being used as a church. The public hearing for file Z-2024-06 was opened at 5:45 p.m. With nobody wishing to speak, the hearing was closed at 5:45 p.m. No members of the Planning & Zoning Commission had any issues with the request. A motion was made by Commissioner Lehman and seconded by Commissioner Locke to recommend approval of the Petitioner’s request for a Conditional Use Permit to allow an assembly use for the operation of a church/banquet facility. AND by making said motion, I agree that the approval criteria for Conditional Uses have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman. 1- absent: Gleason. 0-nay; 0-abstained. Motion Carried. A motion was made by Commissioner Davis and seconded by Commissioner Riley to recommend approval of the Petitioner’s request for a Use Variation to allow rental storage space (mini warehouse), and commercial office and kitchen space subject to the following conditions: 208 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 1. The use of the property for rental storage space (mini-warehouse), and commercial office and kitchen space shall remain ancillary to the principal use of the property as an assembly use. 2. The use of the property for rental storage space (mini-warehouse) shall be limited to the principal church structure. No outdoor storage shall be permitted. 3. All commercial deliveries servicing said commercial uses shall be conducted in the south parking lot. And by making said motion, I agree that the approval criteria for Use Variances have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman. 1- absent: Gleason. 0-nay; 0-abstained. Motion Carried. A motion was made by Commissioner Locke and seconded by Commissioner Lehman to recommend approval of the petitioner’s request for any zoning variations necessary to accommodate the existing principal and accessory structures AND by making said motion, I agree that the approval criteria for Variances have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman. 1- absent: Gleason. 0-nay; 0-abstained. Motion Carried. File Z-2024-06 was closed at 5:49 p.m. 209 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 24- ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR AN ASSEMBLY USE (CHURCH/BANQUET FACILITY) AND USE VARIANCES TO ALLOW RENTAL STORAGE SPACE (MINI- WAREHOUSE), COMMERCIAL OFFICE AND KITCHEN SPACE, AND ZONING VARIATIONS TO ACCOMMODATE THE EXISTING PRINCIPAL AND ACCESSORY STRUCTURES FOR THE PROPERTY LOCATED AT 3717 MAIN STREET WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed by First United Methodist Church, (“PROPERTY OWNER”), requesting approval of Conditional Use Permit to allow an Assembly Use (Church/Banquet Facility), Use Variations to allow rental storage space (mini-warehouse), commercial office and kitchen space, and any Zoning Variations necessary to accommodate the existing principal and accessory structures on the property located at 3717 Main Street, legally described in the Plat of Survey dated April 10, 2024 “EXHIBIT A”, attached hereto and incorporated herein, “SUBJECT PROPERTY”; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 17, 2024 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission recommended to the City Council the granting of the requested Conditional Use Permit, Use Variations, and Zoning Variations (6-aye; 0-nay; 0-abstain); and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the request isconsistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals, and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1:That the SUBJECT PROPERTY is hereby granted approval of a Conditional Use Permit to allow an Assembly Use for the operation of a church/banquet facility. 210 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org SECTION 2:In granting said Conditional Use Permit, the City Council finds that the approval criteria for Conditional Uses listed in §11-15-5 of the City of McHenry Zoning Ordinance have been met. SECTION 3: That the SUBJECT PROPERTY is hereby granted approval of a Use Variance to allow rental storage space (mini-warehouse), and commercial office and kitchen space subject to the following Conditions: 1. The use of the property for rental storage space (mini-warehouse), and commercial office and kitchen space shall remain ancillary to the principal use of the property as an assembly use. 2. The use of the property for rental storage space (mini-warehouse) shall be limited to the principal church structure. No outdoor storage shall be permitted. 3. All commercial deliveries servicing said commercial uses shall be conducted in the south parking lot. SECTION 4: In granting said Use Variance, the City Council finds that the approval criteria for Use Variances listed in §11-19-6 of the City of McHenry Zoning Ordinance have been met. SECTION 5:That the SUBJECT PROPERTY is hereby granted approval of any Zoning Variations necessary to accommodate the existing principal and accessory structures as depicted in the plat of survey dated April 10, 2024 “EXHIBIT A”. SECTION 6:In granting said Zoning Variations, the City Council finds that the approval criteria for Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 7:This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. 211 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Passed this 6h day of May, 2024. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 212 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT A Plat of Survey dated April 10, 2024 213 214 215 216 217 Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The petitioner, Pastor Kurt Gamlin of First United Methodist Church, is requesting the following zoning approvals for the continued operation of a church at 3717 Main Street: 1. Request for a Conditional Use Permit to allow an Assembly Use (Church/Banquet Facility) 2. Request for Use Variation(s) to allow: a. Rental Storage Space (mini-warehouse) b. Commercial Office and Kitchen Space 3. Request for Zoning Variations to accommodate the existing principal and accessory structures. The subject property has operated as First United Methodist Church for over 150 years. This would pre-date the incorporation of the City of McHenry. As such, the church property and associated church operations pre- date all Zoning Ordinances adopted by the City of McHenry and is considered legal nonconforming. The principal structure also appears to have a nonconforming setback. Staff advised the petitioner to also request blanket zoning variations to accommodate all existing structures. The petitioner is also requesting approval of Use Variations to allow rental storage space (mini-warehouse) and commercial office and kitchen space. The church already has an existing commercial kitchen which could be utilized for certain commercial cooking purposes if needed. The petitioner desires to have the flexibility to allow these uses as a means of generating income in order to help preserve the historic church. 218 CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance STAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is currently zoned RS-4 High Density Single-Family Residential District and has been utilized as a church since 1859. The surrounding land use also primarily consists of RS-4 district zoning with single-family residential land use. Given the longevity of the use of the property as a church, staff does not anticipate any adverse impacts on the surrounding property owners for the request to continue to allow the existing church/banquet facility operations. The petitioner is requesting additional uses to allow for income generation such as rental storage space, and commercial office and kitchen space. The primary concern is how the proposed use(s) would interact with the surrounding residential land use. Rental storage space is typically low impact compared to most commercial uses and should generate minimal traffic. Staff also believes that commercial office and kitchen space would also be relatively low impact on the surrounding residential properties. However, another concern of staff would be the establishment of a precedent. Given the historical nature of the site, staff would argue that approval of the request is specifically unique to this property and this property alone because of its longevity of operations and cultural significance of the building. Staff is still recommending several conditions of approval in order to accommodate the petitioner’s request: 1) all approved commercial uses shall remain ancillary to the principal use of the property as a church/banquet facility, and 2) all commercial deliveries shall be conducted in the south parking lot. FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map identifies this property as medium-density residential. The proposed assembly use is allowed subject to approval of a Conditional Use Permit. However, the remaining requests for commercial uses are not in conformance with the Future Land Use Map Recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is somewhat consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • Neighborhood Character, Policy: "Develop mechanisms to allow for residential adaptive reuse in existing neighborhoods." (p. 49) The petitioner’s request is not supportive of allowing residential adaptive reuse within existing neighborhoods. The Commission will need to consider whether the uniqueness of the site and the benefits gained to the community outweigh the specific recommendation by the Comprehensive Plan for residential adaptive reuse. 219 • Neighborhood Character, Policy: "Promote preservation and restoration of historic structures." (p. 49) Staff would argue that the petitioner’s request is in favor of promoting preservation and use of historic structures. Although it is not adaptively repurposing the structure into residential, there is cultural and community value in promoting authentic use of historic structures. The site has uniquely operated as an assembly-type use for over 150 years and served as a meeting place for a variety of nonprofit organizations. • Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect residential or open space uses.” (p. 27) The subject property has operated as an assembly-use and banquet facility for over 150 years. Staff does not believe approval of the petitioner’s request for commercial storage, office, and kitchen space would generate any adverse impacts greater than the existing church and banquet operations. SITE PLAN ANALYSIS • Legal Nonconforming Setbacks. The existing church appears to be within a few feet of the Center Street Lot Line as well as Main Street. The parking lot also does not conform with setback requirements adjacent to the residential building. The property owner did not have a copy of the plat of survey to determine the exact setback. As such, staff recommended blanket zoning variations to accommodate all existing structures under the condition that the property owner provide the City a Plat of Survey within 6 months of approval. STAFF SUMMARY ANALYSIS • Overall, staff believes the request is somewhat consistent with the Comprehensive Plan. Approval of the request(s) would be supportive of preserving existing historic structures; however, it would not be supportive of adaptive residential reuse. The Commission should weigh the merit of the request based 220 on the historical significance of the building and the overall goals and objectives of the Comprehensive Plan to promote the health, safety, and welfare of the City. • Staff does not believe granting the site approvals for additional uses would establish a precedent for all churches. The site has operated for over 150 years as a church and approval of the request would be supportive of preserving the existing structure and historic operations primarily as a church facility. Staff have included a condition of approval that the site’s principal use shall remain an assembly-use (church/banquet facility) while the commercial uses granted shall remain ancillary. • The Church was constructed prior to the incorporation of the City of McHenry and therefore predates all established development ordinances. Staff does not believe approval of the requested zoning variation to accommodate all existing principal and accessory structures would generate any adverse impacts on the surrounding property owners. Staff have added as a condition of approval that the property owner shall provide the City with a plat of survey within 6 months of approval. If the Planning & Zoning Commission agrees with the petitioner’s request, then the following three (3) motions are recommended: 1st MOTION: I motion/move to recommend approval of the Petitioner’s request for a Conditional Use Permit to allow an assembly use for the operation of a church/banquet facility. AND by making said motion, you agree that the approval criteria for Conditional Uses have been met as outlined in the staff report. APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below. A. Traffic: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. Staff believes there is adequate traffic infrastructure in place to service the development. The site has operated as a church/banquet facility for over 150 years. B. Environmental Nuisance: Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. Staff does not believe the proposed request would generate any environmental nuisances. C. Neighborhood Character: The proposed use will fit harmoniously with the existing natural or manmade character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. The church has operated in the area for over 150 years. Staff believes approval of the request would not be out of character of the area given the longevity of the use of the property as a church/banquet facility. D. Public Services and Facilities: The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The site is currently serviced by city water and sanitary sewer. E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. Staff believes the proposed use would not endanger local public health and safety within the vicinity of the subject property. F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. 221 2nd MOTION: I motion/move to recommend approval of the Petitioner’s request for a Use Variation to allow rental storage space (mini-warehouse), and commercial office and kitchen space subject to the following conditions: 1. The use of the property for rental storage space (mini-warehouse), and commercial office and kitchen space shall remain ancillary to the principal use of the property as an assembly use. 2. All commercial deliveries servicing said commercial uses shall be conducted in the south parking lot. AND by making said motion, you agree that the approval criteria for Use Variances have been met as outlined in the staff report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) Comments of staff italicized below. A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Staff believes that there is a particular hardship in maintaining large historic church structures. Allowing for additional forms of income would help maintain and preserve the use of the historic building. B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this title for the pertinent zoning district. N/A C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. Staff does believe the request is under special circumstances uniquely for this property because the property has operated as a church for over 150 years. Staff believes this request would not apply to other property in this zoning district because of the longevity of the use of the property as a church for 150 years as opposed to a single-family residence. D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the locality, nor substantially impair environmental quality, property values or public safety or welfare in the vicinity. Staff does not believe that approval of the request would alter local character given the longevity of operations of the site as an assembly use. The requested Use Variances for storage, and commercial office and kitchen space would generate less traffic than the principal use. E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City. Staff believes the overall request is mostly consistent with the Comprehensive Plan of supporting the preservation and use of historic structures. 222 3rd MOTION: I motion/move to recommend approval of the petitioner’s request for any zoning variations necessary to accommodate the existing principal and accessory structures subject to the condition that the property owner shall provide a plat of survey of the subject property within 6 months of approval by City Council. AND by making said motion, I agree that the approval criteria for Variances have been met as outlined in the staff report. VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes this is a special circumstance related to the construction of the existing church that predates the incorporation of the City of McHenry. B. Circumstances Relate to the Property Only. Staff believes this is a special circumstance as it relates to this property only and not all property within the RS-4 High Density Single Family Residential District. C. Not Resulting From Applicant Action. The church predates the City of McHenry. The structure therefore would have been built prior to the adoption of any building regulations and not resulting from applicant action. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship upon the petitioner. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Staff believes that approval of the variations are necessary for the reasonable use and enjoyment of the property. G. Not Alter Local Character: The structure has been on site for over 150 years. Staff does not believe that approval of the request would alter local character. H. Consistent With Title And Plan: Staff believes the proposed request is consistent with the Comprehensive Plan and Development Policies by supporting historic structures. I. Minimum Variance Recommended: Staff believes the variations requested are the minimum required. Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice. 223 224 225 226 227 228 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Mayor and City Council FOR: May 6, 2024 City Council Meeting FROM: Cody Sheriff, City Planner RE: Ordinance granting a Variance and Conditional Use Permit to allow an Open Sales Lot at 4719 W Elm Street. ATT: 1. Unapproved Planning and Zoning Commission Minutes dated April 17, 2024 2. Ordinance granting a Variance and Conditional Use Permit to allow an Open Sales Lot in conjunction with Automotive Sales at 4719 W Elm Street. 3. Planning & Zoning Commission Staff Report & Petitioner’s Application Packet AGENDA ITEM SUMMARY: The petitioner, Tomasz Lemiszka, is requesting approval of a Conditional Use Permit to allow an Open Sales Lot in conjunction with used automotive sales at 4719 W. Elm Street. The subject property was previously occupied by a 2-story, mixed-use, residential, and commercial office building but was demolished in 2014. The site was approved in 2018 for an Open Sales Lot for used car sales but was subject to the condition that the property owner repave the existing parking lot within 2 years of approval. This condition was not met and therefore the Conditional Use Permit expired. The request also involves a variance from the City’s Fence Regulations to allow a decorative wrought iron in appearance aluminum picket fence within the required front yard setback. PLANNING & ZONING COMMISSION DISCUSSION & RECOMMENDATION: A public hearing for the request was held on April 17, 2024. There were no objectors present at the hearing. The Planning & Zoning Commission discussion was largely in favor of the request given the proximity of the subject property to several other automobile dealerships. The Commission also did not object to the petitioner’s variance request to accommodate the 229 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org proposed wrought-iron style picket fence location. The Planning & Zoning Commission unanimously voted to recommend approval. If the City Council concurs, it is recommended the attached ordinance granting a Variance and Conditional Use Permit to allow an Open Sales Lot in conjunction with Automotive Sales be approved (City Council vote-simple majority). 230 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org Unapproved Planning & Zoning Commission Meeting Minutes April 17, 2024 Petitioner: Thomasz Lemiszka Request for a Conditional Use Permit to allow an Open Sales Lot in conjunction with Automotive Sales at 4719 W. Elm Street Chairwoman Rockweiler opened the file at 5:32 p.m. Planner Sheriff stated that all publication requirements have been met. Mr. Lemiszka was sworn in and explained he wants to open a used car lot at 4719 W Elm. Planner Sheriff explained that this is proposed to go at the corner of Route 120 and Meadow Lane. It was approved previously in 2018 for the same use. They are proposing to construct a fence on the property line which would encroach on the setback, but that is an action for City Council. There are several other car dealerships nearby, so this use is in harmony with the area, and Staff does not anticipate any adverse impacts to the property owners. Automobiles would need to be stored on asphalt or concrete and not on the grass. The landscape plan is shown but needs to be finalized with a couple of shrubs. Commissioner Locke asked if they had other car dealership operations and the petitioner stated this would be his first. He is not the property owner and expects to have 10-20 vehicles. Commissioner Locke asked if the sign that exists would stay or be changed. The petitioner explained that he would put up a sign, but the existing sign is not part of the property or anything that he would be doing. Chairwoman Rockweiler opened the public hearing for File Z-2024-03 at 5:37. With nobody wishing to speak, the hearing was closed at 5:37 p.m. All board members agreed that they had no issues with the request, and with similar uses nearby and having this use being previously approved at this location, there were no objections. A motion was made by Commissioner Locke and seconded by Commissioner Riley to recommend approval of the Petitioner’s request for a Conditional Use Permit to allow an Open Sales Lot in conjunction with automotive sales at the Subject Property, subject to the following conditions: 1. The Property Owner shall maintain the display area in a neat and orderly manner as determined by the Zoning Administrator. 231 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 2. The display of motor vehicles shall be kept on a grass-free and paved asphalt or concrete surface. 3. The display of motor vehicles shall be prohibited in the Right-of-Way. 4. The Property Owner shall submit a landscape plan in conformance with the City of McHenry Landscape Ordinance as determined by the Zoning Administrator. AND by making said motion, I agree that the approval criteria for Conditional Uses have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman. 1-absent: Gleason. 0-nay; 0-abstained. Motion Carried. File Z-2024-04 was closed at 5:39 p.m. 232 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 24- ORDINANCE GRANTING A VARIANCE AND CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT IN CONJUNCTION WITH AUTOMOTIVE SALES AT 4719 W ELM STREET. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed by Tomasz Lemiszka, (“Applicant”), requesting approval of a variance and conditional use permit for an open sales lot in conjunction with automotive sales at the property commonly known as 4719 W. Elm Street, legally described in “EXHIBIT A”, attached hereto and incorporated herein, “SUBJECT PROPERTY”; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 17, 2024 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission recommended to the City Council the granting of the requested Conditional Use Permit (6-aye; 0-nay; 0-abstain); and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the request is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals, and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted approval of a Conditional Use Permit to operate an Open Sales Lot in conjunction with Automotive Sales subject to the following condition(s): 1. The Property Owner shall maintain the display area in a neat and orderly manner as determined by the Zoning Administrator. 2. The display of motor vehicles shall be kept on a grass-free and paved asphalt or concrete surface. 3. The display of motor vehicles shall be prohibited in the Right-of-Way. 233 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 4. The Property Owner shall submit a landscape plan in conformance with the City of McHenry Landscape Ordinance as determined by the Zoning Administrator. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the approval criteria for Conditional Use Permits listed in §11-15-5 of the City of McHenry Zoning Ordinance have been met. SECTION 3: That the SUBJECT PROPERTY is hereby granted approval of a Variance from the City’s Fence Regulations to allow a 0’ front yard setback in lieu of the required 30 feet to accommodate the construction of a wrought iron in appearance, aluminum, picket fence. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 6th day of May, 2024. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 234 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org EXHIBIT A Legal Description LOT 18 IN BLOCK 2 IN LAKELAND SHORES UNIT 3, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF THE CENTERLINE OF STATE ROUTE 120, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 25, 1958 AS DOCUMENT 237444, IN BOOK 13 OF PLATS, PAGE 55, AND CORRECTED BY CERTIFICATE OF CORRECTION RECORDED MAY 9, 1958 AS DOCUMENT 338057, IN MCHENRY COUNTY, ILLINOIS; EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 18; THENCE ON AN ASSUMED BEARING OF SOUTH 74 DEGREES 52 MINUTES 04 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LOT 18, A DISTANCE OF 50.77 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 74 DEGREES 52 MINUTES 04 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LOT 18, A DISTANCE OF 29.21 FEET; THENCE SOUTHEASTERLY 31.42 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT 18 ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 29 DEGREES 52 MINUTES 00 SECONDS EAST, 28.28 FEET TO THE EASTERLY LINE OF SAID LOT 18; THENCE SOUTH 15 DEGREES 08 MINUTES 03 SECONDS WEST ALONG THE EASTERLY LINE OF SAID LOT 18, A DISTANCE OF 62.02 FEET; THENCE NORTH 15 DEGREES 49 MINUTES 48 SECONDS WEST, A DISTANCE OF 95.65 FEET TO THE POINT OF BEGINNING. PIN: 09-27-303-040 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation AGENDA SUPPLEMENT DATE: May 6, 2024 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: City of McHenry Summer Concerts at Miller Point AGENDA ITEM SUMMARY: The City of McHenry completed a complete renovation of Miller Point Park in 2023. As a giveback to the community, the City is proposing to host two Saturday night concerts in the amphitheater on June 15th and on August 24th from 5-9pm each night. Food trucks would be present to support the event and it is requested to allow alcohol throughout Miller Point Park on these evenings. BACKGROUND: Last year the City completed an extensive renovation to Miller Point Park. As way of thanking the community and to the draw visitors to the downtown areas, it was mentioned that the City should host some free concerts in the amphitheater along the river. The concept was discussed extensively with an events committee. This committee includes individuals from the McHenry Area Chamber of Commerce, The McHenry Riverwalk Foundation, Naturally McHenry County, The Pearl Street Market, The Riverwalk Shoppes and city staff. Initial discussions were to try to host one per month starting in June. However, after analyzing the summer event schedule, dates on June 15th and August 24th were identified. July was a month filled with Fiesta Days events, including use of Miller Point Park. The concerts were proposed from 5-9pm as to minimally impact neighbors and to also create a scenario in which visitors may come to the concerts and go to a local restaurant prior to seeing the “main act” of the night. Each concert would have a smaller opening band from 5pm – 6:30pm and a more regionally well-known main act from 7pm – 9pm. The concerts would be supported by the presence of food trucks in the main park parking lot. And lastly, it is requested that on these event evenings that alcohol be allowed throughout Miller Point Park and its boundaries, similar to the Pearl Street Markets. Alcohol would be provided by the on-site vendor, All Marine Retro Rentals. ANALYSIS: The free concerts serve a number of purposes starting first and foremost with a community giveback. Alternately however, there is hope that the concerts bring visitors to the downtown areas and restaurants and to the Riverwalk Shoppes. The concerts also bring some notoriety to the venue from the Fox River and the significant boat traffic. It was important to accomplish this 252 while also not providing a negative impact for the neighbors. The 5-9pm timeframe was one that the committee felt avoided any overly impactful burden. The request for alcohol throughout Miller Point Park allows patrons to have a drink as they sit in their chair and watch the concert or as they walk through the shoppes and then return to the listen to the music. Once again this is a common practice for any number of the events hosted in parks, such as Music Sundays, Pearl Street Market, Fiesta Days and Bands, Brews and BBQs. The concerts will be funded by the City of McHenry through money that was approved for special events in the FY 2024/25 budget that was recently approved. The concerts will also be supported by the McHenry Riverwalk Foundation in assisting to manage the grounds during the concerts. If City Council concurs then a motion should be considered to approve the special use of Miller Point Park by the City of McHenry to allow for bands, food trucks and the consumption of alcohol throughout the grounds of Miller Point Park in conjunction with the community concerts on June 15th and August 24th from 5pm – 9pm. 253 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 www.cityofmchenry.org Discussion Item TO: Mayor and City Council FROM: Ross Polerecky, Community Development Director FOR: May 6th, 2024 Regular City Council Meeting RE: Permanent Easement Agreement for the installation and use of an irrigating well on city owned property. ATT: Plat of Easement, Agreement Agenda Item Summary: City staff has been approached by the Olde Mill Ponds Homeowners Association (HOA) asking to install a high capacity well on a city owned parcel within Olde Mill Ponds. City Council discussed this item at a previous council meeting and staff was directed to work with the HOA on obtaining an easement that would allow them the use of the property. Before you tonight is an agreement with the HOA for the use of the property. Background: The Olde Mill Ponds subdivision was approved in 1996 and consists of 133 single family homesites. This subdivision is unique, having a water feature on all 133 homesites. Some homes sit on ponds while others have a meandering creek running through the rear yards. A sophisticated systems of pumps and a well are needed to operate the water features. The design involves a high capacity well and series of pumps that fill the ponds and keep the water moving through the subdivision. About two years ago the well started to fail, leaving the ponds almost empty and a dried-up creek. The HOA hired Marengo Well to investigate, and it was found that the well has become full of sand and is no longer able to supply the amount of water needed to keep the ponds and creek running as designed. The current well is located on a private resident’s property and will need to be properly abandoned per the McHenry County Department of Health. The HOA is looking to install a new well, and the best available spot is on a vacant lot owned by the City of McHenry. Lot 106 is located at the intersection of Olde Mill Lane and Spring Creek Lane. This lot was dedicated to the city when the subdivision was platted for street, utility and bicycle path purposes. A power pole is located in an easement on the property which would allow for power to the well. 254 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 www.cityofmchenry.org Analysis: The attached agreement with the Olde Mill Ponds HOA would allow the city to retain the property for a future connection to Petersen Park. The agreement also transfers the maintenance obligations of the lot to the HOA. Maintenance obligations include but are not limited to mowing of grass, landscaping and plantings. If the City Council concurs, it is recommended that a motion be made to approve the attached agreement to allow the Olde Mill Ponds Homeowners Association rights to an easement located on lot 106 of the Olde Mill Ponds Subdivision. Said easement is for access and the installation of a new irrigation well. 255 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 www.cityofmchenry.org Lot Location 256 257 Page 1 of 2 Boone Creek Homeowners Association Permanent Easement Agreement This Permanent Easement Agreement (“Agreement”) is made and effective upon the last date next to the signature lines below and is entered into by and between the City of McHenry, 333 S Green Street McHenry, Illinois 60050 (the “Grantor”) and the Olde Mill Ponds on Boone Creek Homeowners Association, an Illinois Not-For-Profit corporation (the “Grantee”). RECITALS WHEREAS, Grantor is the owner in fee simple of a tract of land in McHenry County, Illinois, legally described as follows: Lot 106 in Olde Mill Ponds on Boone Creek, being a subdivision of parts of Section 22,23,26 and 27, all in Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof, recorded January 10, 1997 as Document No. 97R001659 (“Parent Parcel”) WHEREAS, Grantee desires to construct, within a permanent easement area to be located on the Parent Parcel, a water well and pump system with access thereto (“Improvements”), for the purpose of providing water to the water rill system running throughout lots within the Grantee Association. WHEREAS, Grantor desires to convey a permanent easement area to Grantee in accordance with the terms of this Agreement. WHEREAS, the purpose of this Agreement is to establish the required easement area and rights and obligations of the Parties hereto. NOW THEREFORE, in consideration of the promises and agreements made herein, the adequacy and sufficiency of which is acknowledged by the Parties hereto, it is agreed as follows: 1. Grant. Grantor does hereby grant and convey to Grantee, a perpetual exclusive easement, that shall run with the land, over, under and across that portion of the Parent Property legally described and designated as “Well and Access Easement” on the attached “Exhibit A” (“Permanent Easement Area”), to access, construct, install, reconstruct, operate, use, maintain, and repair a private water well and pump system thereon (“Improvements”). 2. Term. This Agreement and the Permanent Easement shall terminate upon the abandonment of the Improvements or breach of this Agreement by Grantee, as determined in the discretion of the Grantor. 3. Construction Restoration and Maintenance. At its sole cost, Grantee is responsible for the installation, replacement, safe maintenance, and good repair of the Improvements within the Permanent Easement Area. Within ten (10) days following completion of construction of the Improvements, at its sole expense, Grantee shall repair and restore, to the satisfaction of Grantor, the surface of all disturbed areas of the Parent Parcel and Permanent Easement Area to as the condition that existed prior to construction of the Improvements. After full restoration acceptable to Grantor, future above ground landscape maintenance of the Parent Parcel and Permanent Easement Area, including, but not limited to, mowing of grass, landscape plantings, shall only be performed by Grantee. 4. Indemnification. Grantee hereby agrees to indemnify, defend, and hold Grantor, its elected officers and employees harmless from a) any and all costs and expenses associated with construction, 258 Page 2 of 2 replacement, removal and future maintenance costs of operation of the Improvements, including electricity used to operate the Improvements; and b) any and all liability, demands, judgments, lawsuits, attorneys’ fees incurred by Grantor, and claims of any kind or character made against Grantor, arising out of, in connection with, or relating to this Agreement or Grantee’s operations of the Improvements, for injury to or death of any persons, damage, loss or destruction of any property, real or personal. 5. Insurance. Prior to the commencement of any work on the Permanent Easement Area, Grantee shall cause its contractor(s) to provide to Grantor, a certificate of insurance with limits of no less than $1 million per occurrence for general and/or excess liability and statutory worker’s compensation insurance. Grantor shall be added as an additional insured to said policy. Evidence of compliance with this provision shall be provided to the Grantor prior to construction of the Improvements. 6. Assignment. This Agreement is not assignable by Grantee. 7. Authority to Execute Agreement. The undersigned officers of the respective Parties hereto hereby represent that they have been formally authorized by their respective City Council and Board to execute this Agreement. 8. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed original, and all of which together shall constitute one and the same instrument. 9. Entire Agreement. This Agreement constitutes the entire agreement between Parties and supersedes all prior verbal agreements, representations or understandings pertaining to the subject matter of this Agreement and may only be modified by further written agreement signed by all parties. Grantor: City of McHenry By:__________________________________________ Wayne Jett, Mayor Date Grantee: Olde Mill Ponds on Boone Creek Homeowners Association By: Its Authorized Officer Date This instrument prepared by: After recording, return to: David W. McArdle City Administrator Zukowski, Rogers, Flood & McArdle City of McHenry 50 Virginia Street 333 S. Green Street Crystal Lake, IL 60014 McHenry, IL 60050 815/459-2050 259 STAFF REPORT FOR MAY 2024 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 International Council of Shopping Centers (ICSC) Conference Mayor Jett, Director Martin and Director Hobson will be attending ICSC in Las Vegas May 19 thru May 22 to exhibit and showcase the City of McHenry at the convention and also meet with prospective retailers. To Steki Ribbon Cutting and Grand Opening Economic Development staff coordinated a ribbon cutting for To Steki restaurant at 3918 Main Street on Wednesday May 1. They had a soft opening the week prior. We welcome them to Main Street! McHenry Area Chamber of Commerce Activities Grand opening of the 2024 season of the Riverwalk Shoppes will be on Friday May 3. Each of the 10 businesses will be opening their doors at 10AM and kicking off the season, which goes until 12/29/24. 2024 Riverwalk Shoppes owners: Atea Co. Coffee & Tea Company, Bright Nest, Edge Designs, Kest Jewelry, Marvin's Toy Store, Patina Wine Shop, Preserved Peculiarities, The Bumble Bread Company, The Pieceful Project & Vintage Mercantile Ribbon Cutting Riverwalk Shoppes Friday May 3, 2024 at 9:45 AM at 1202 Riverside Dr. Ribbon Cutting Rita’s Italian Ice and Frozen Custard Saturday May 4, 2024 from 3:00 PM - 4:00 PM at 3319 W. Elm Street 260 Ribbon Cutting Toast and Roast Thursday May 16, 2024 from 9:00 AM - 10:00 AM at 1250 N Green St Spring Sip Wine Walk Saturday May 11, 2024 from 1:00 PM – 5:00 PM throughout downtown McHenry Multi-Chamber Mixer Alexander Leigh Center for Autism Tuesday May 14, 2024 from 5:00 PM – 7:00 PM at 4100 Veterans Pkwy Veterans Café-Memorial Day Music Celebration – Heritage Woods of McHenry Wednesday May 22, 2024 from 2:00 PM - 3:00 PM at 4609 W. Crystal Lake Rd. McHenry County DiversAbility Skills Fair and Job Fair Economic Development Staff helped coordinate and participated in a job skills fair on Wednesday May 24 at the Shah Center to prepare applicants with diverse abilities for a job fair at MCC on Tuesday May 7 from 9am-11am. We contacted and worked with participating organizations and employers in cooperation with the Workforce Network and will attend the job fair in support of our local employers. Façade Grant Applications Façade Grant Packets were sent out to approximately nine different people staff had on a list they had been keeping, packets were posted on the City’s website and social media sites as well. Heritage Woods Speaking Engagement Mayor Jett and Director Martin attended a meet and greet at Heritage Woods of McHenry on April 17 to bring staff and residents up to date on what is happening in McHenry. Economic Development Networking Lunch Director Martin attended an Economic Development professionals lunch meeting in Winnetka to collaborate and learn best practices in other communities. COMMUNITY DEVELOPMENT Contact: Ross Polerecky, Community Development Director – 815/363-2182 1259 Green Street Bolgers Bar received a certificate of occupancy and opened for business on April 29th 261 3918 Main McHenry Steki is a new Greek style restaurant, they received their certificate of occupancy and opened this week. McHenry VFW At the April Planning and Zoning meeting the VFW was given a positive recommendation for a outside entertainment that included an outdoor amphitheater. The VFW has informed staff they are pulling their petition and not moving forward with the proposal. McHenry Comprehensive Plan A reminder there is a special meeting on May 13th for an implementation workshop. The meeting start time is 6pm instead of the normal meeting time of 7pm. Please visit https://mchenry2050.com/ , click on events and surveys to take the latest survey prior to May 10th. May Planning and Zoning The May planning and zoning meeting agenda will have a request to have a leasing office in a residentially zoned Prairie Lakes Subdivision and a conditional use permit for a drive through in the Park Place shopping center at Front Street and Bank Drive. PARKS & RECREATION Contact: Bill Hobson, Director of Parks & Recreation – 815/363-2159 Riverwalk Phase 4 Update Work continues to progress with phase 4 of the Riverwalk. Below is a bulleted list of updates: • All steel framework, except under the Pearl Street Bridge is installed along with all joists on the steel framing. The last of the pilings and steel framework under the bridge is set to begin this week. • Electrical work for the Riverwalk will begin next week with the decking being completed in the following two weeks. • Alliance Contractors will begin concrete work and the portion in front of the Riverside House next week. They anticipate completion of this section complete with brick pavers by mid to late May. • All concrete work should be done by the end of June. • All lighting should be complete by mid – July. • A current substantial completion date is anticipated as July 18th. o The gateway sign will not be completed until August. 262 o The railings will not be installed until September. Riverwalk Electrical Line Burial The burial of the power lines has hit a bit of a delay as staff digs into the project for further information and direction from AT&T and from Comcast. Associated Electric has updated conduit plans accounting for all the utilities and provided a corresponding quote however each firm will have work to perform that needs a scope and potential additional cost defined. More information will be provided as it becomes available. Burial of the power lines is independent from the Riverwalk construction and will not affect the schedule for that construction. McHenry County Sheriff Marine Unit Building in Miller Riverfront Park Construction of the building for the Sheriff’s Marine unit building and public restroom has begun. The footing and the foundation have been poured and backfilled. Plumbing has been run in the floor and is awaiting the concrete floor slab to be poured next week. Framing will begin immediately after that. Trusses will be delivered to the site the first week of May. Doors and windows are expected to be installed on or around May 16th. The temporary trailer will be removed this week and has been prepped to do so. The parking lot and access road are scheduled to be paved in September through a grant that the city received from the IDNR. Lastly, the City received an updated intergovernmental agreement that governs the partnership for the next 20 years now that the building is under construction. The current agreement covers all parties through construction until such time that the new agreement is reviewed and approved by City Council. It will be forthcoming at a future meeting. The Parks and Recreation Department is finishing some pre-season prep and hope to have the launch open in the next two weeks. Community Garden Plots The final touches are also being completed to the 8 new community garden raised bed plots at the Petersen Farm. The beds are in place and water has been run to each. Clean-up is being conduction at the farm and a final path from the drive to the garden is going in next week. Guidelines have been established and the advertisement for the plots will begin next week. The season rental for each plot will be $50. 263 PUBLIC WORKS Contact: Steve Wirch, Director of Public Works – 815/363-2205 • On Tuesday, April 9th, Street & Utility Division personnel repaired a city watermain break caused by a fracture at the bell at 103 Glenbrook Trail. Two 8” Hymax couplings and 7’ of 8’ C900 were used for the repair. • Crews finished removing snow fencing from the 2023/2024 winter operations on Wednesday, April 10th. • Hydrant flushing began on Monday, April 8th and finished on Thursday, April 18th. All hydrant flags/markers were removed. During the flushing operation, three hydrants were repaired: Adams Drive, Farmstead Court, and Diamond Drive. One additional hydrant remains out-of- service on the corner of Anne Street and Dale Avenue; replacement parts are on order. • On Monday, April 22nd, Berger Construction began AQUA Illinois’ McHenry Shores Interconnection Watermain project. Barreville Road has been closed between Biscayne Road and Vine Street during the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday, for a 2- week period. Construction is anticipated to conclude on Friday, May 3rd. • The 2024 Road Resurfacing Program began on Monday, April 22nd. Peter Baker & Son Co. began asphalt grinding on several streets in the southern half of the city and started sidewalk removals on Kensington Drive. Work on 30 city streets will progress from the south to the north. Most work is anticipated to be completed in May with 100% of the work to be completed by June 30th. Construction management is being performed in-house, and Street & Utility Division crews will assist with repairing structures as needed. • On Thursday, April 25th, crews repaired a water service leak at 205 Springbrook Court. • Construction on the new city fueling station is underway! Concrete has been poured, bollards and tanks have been installed, and asphalt paving is currently ongoing. • The city’s brush pick-up program began on Monday, April 29th. Two Street & Utility Division crews will coordinate efforts for brush pickup over the next couple of weeks. • Crews continue restoration work in city right-of-ways due to snowplow damage, water service leaks, and watermain breaks. Restoration work includes landscaping, asphalt, and concrete work. • A culvert on Oakwood Drive between the addresses of 1402 and 1403 collapsed, creating a sinkhole in the middle of the road. The culvert failure has been temporarily fixed and is being 264 monitored daily. All materials needed for repair are on-hand, and work will begin on this culvert project after the completion of brush pick-up. Once a start date is confirmed, public communication will be disseminated as a partial or full road closure could be needed. • Flood Brothers’ yard waste curbside collection program began Monday, April 1st. Collection occurs on the resident’s regular refuse and recycling pickup day and continues until Friday, December 13th. • Installation of the new mixed liquor gates on the south oxidation ditch at the Wastewater Treatment Plant has been completed. • Invitation for Bids will be released on Wednesday, May 1st for the Water Tower #4 Interior & Exterior Repainting Project. Bids are due and will be opened on Thursday, May 23rd. • The Street & Utility Division has a new Maintenance Worker I! Pete Varvitsiotes started with the division on April 15th. POLICE Contact: John Birk, Chief of Police – 815/363-2200 Personnel Update The following personnel have recently completed the respective years of service with the McHenry Police Department: • Officer Ryan Pardue – 22 Years • Sergeant Kelly Ducak – 19 Years • Officer Paul Prather – 18 Years • Telecommunicator Bridgette Veronese – 5 Years • Social Services Coordinator Jason Sterwerf – 2 Years • Officer Grahm McClure – 2 Years • Officer William Campos – 2 Years • Officer Alex Lopez – 1 Year • Officer Trevor Pederson – 1 Year Ther following personnel were recently hired by the McHenry Police Department: • Officer Michael Rodriguez • Officer Jake Busse The following personnel recently graduated the Basic Police Academy at the Police Training Institute: 265 • Officer Christopher Cummings (graduated on April 25, 2024). Training • Officer Lorenz and Officer Beaudoin attended Basic FTO at Algonquin Police Department • Officer Krueger attended Suicide awareness and intervention at Lisle Police Department • Telecommunicator Wilbur attended EMD-Q remotely • Sergeant Prather and Detective Voelker attended IDNR Explosives Safety, Recognition, and Handling at the Kane County Sheriff’s Office • Officer Pederson attended Traffic Crash for Patrol at Elgin Police Department • Sergeant Prather attended Alcohol Compliance at Crystal Lake Police Department • Officer Pederson attended Enhanced Traffic Enforcement for Patrol at Montgomery Police Department • Officer Szoke attended Use of Force Workshop for Patrol Officers at Lemont Police Department • Accreditation Manager and Training Coordinator Erb attended the I-Pac conference at the Oak Brook Double Tree • Detective Ehardt attended DOA Death Investigation at the McHenry County Regional Training Center • Officer Foley attended Basic Traffic Crash Investigations at Glendale Heights Police Department • Officer Campos and Detective Voelker attended Fletch Tactical Medical Instructor at the McHenry County Regional Training Center 266 Public Relations • On April 02, 2024 Chief Birk, Commander Nick Clesen, Public Affairs Officer O’Herron and Director of Economic Development Doug Martin attended the Coffee with the Chief at the McHenry Public Library and conducted a presentation about the use of the department drone. • On April 12, 2024 Public Affairs Officer O’Herron, Officer Lorenz, Officer Hernandez and Sergeant Polidori held a car seat safety detail in the 1900 block of Richmond Rd. • On April 17, 2024 Public Affairs Officer O’Herron and Telecommunicator Neville attended the MCC Career Fair • On April 23, 2024 Public Affairs Officer O’Herron, Telecommunicator Beidelman, and Commander Clesen attended the Public Safety Career Fair at Western Illinois Univeristy • On April 26, 2024, Public Affairs Officer O’Herron provided a ride to school for a Valley View student, who won the STAR store raffle prize for being a “STAR” student and earning “STAR bucks” to use. 267