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HomeMy WebLinkAboutPacket - 6/3/2024 - 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, June 3, 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. Public Hearing: Call to order a Public Hearing on the City of McHenry’s proposed Ordinance Authorizing Renewal and Execution of a Cable Franchise Agreement between the City of McHenry and Comcast 5.Motion to pass the proposed Ordinance Authorizing Renewal and Execution of a Cable Franchise Agreement between the City of McHenry and Comcast (Deputy Clerk Johnson) 6. Public Comment 7. Consent Agenda. Motion to Approve the following Consent Agenda Items as presented: A.Block Party Request Date Change for Woodridge Trail to be held on September 8, 2024, from 10:00 a.m. to 10:00 p.m. (Deputy Clerk Johnson) B.Parks & Recreation Facilities & Special Use Permit Requests C.May 20, 2024 City Council Meeting Minutes D.Issuance of Checks in the amount of $301,859.83 8. Individual Action Item Agenda A.Edgebrook Heights Block Party A motion to approve the block party request on Dale Street on September 28, 2024 (Deputy Clerk Johnson) B.Riverside Lounge Liquor License A motion to approve a Class A Liquor License to AJSGroup DBA Riverside Lounge, located at 1402 Riverside Drive, and if approved, pass an Ordinance. Amending Section 4-2-6, Alcoholic Liquor, Limitation on Number of Licenses, of the McHenry City Code (Deputy Clerk Johnson) 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. C. Riverside Lounge Video Gaming License Pending the issuance of a Class A liquor license, a motion to approve a video gaming license to ASJA Group DBA Riverside Lounge, located at 1402 Riverside Drive, 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. 2006 Orchard Beach Road Annexation A motion to Pass an Ordinance Annexing 2006 Orchard Beach Road (Director Polerecky) E. 366 Bank Drive Conditional Use Permit A motion to Pass an Ordinance granting a Conditional Use Permit to allow a Drive-Thru Restaurant at 366 Bank Drive (Director Polerecky) F. 5000 Key Lane Use Variance A motion to Pass an Ordinance granting a Use Variance to allow a Model Home/Leasing Office for the property at 5000 Key Lane (Director Polerecky) G. 3707 Waukegan Road Zoning Map Amendment A motion to Pass an Ordinance granting a Zoning Map Amendment to RS-4 High Density Single Family Residential District for the property located at 3707 Waukegan Road (Director Polerecky) H. Community Solar Agreement A motion to pass an ordinance authorizing the Mayor’s execution of a Community Solar Subscription Agreement between the City of McHenry and Arcadia (Director Lynch) I. Fueling Station Fence/Gate A motion to 1) waive competitive bidding, 2) pass an ordinance for a budget amendment in the amount of $15,892.00 with funds transferred from the police asset forfeiture account, and 3) award the fence project to Wood Master Fence in an amount not to exceed $65,892.00 (Chief Birk) J. Water Tower #4 Painting Project A motion to award a lump sum contract for the Water Tower #4 Painting Project to Era-Valdivia Contractors, Inc. in the amount of $814,801.00 and to authorize a 10% contingency in the amount of $81,480 (Director Wirch) 9. Discussion Item Agenda 10. Staff Reports. Provided the 1st meeting of each month. 11. Mayor’s Report. 12. City Council Comments. 13. 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 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. (5 ILCS 120/2(c)(5)). 14. 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 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: June 3, 2024 TO: City Council FROM: Deputy Clerk Monte Johnson RE: Renewal of Comcast Cable Franchise Agreement AGENDA ITEM SUMMARY: The purpose of this agenda item is for a Public Hearing, followed by Council Action, for the renewal of the Cable Television Franchise Agreement between the City of McHenry and Comcast. BACKGROUND/ANALYSIS: The City and Comcast have an existing 5-year cable franchise agreement that is expiring on June 30, 2024. A new 5-year cable franchise agreement is being proposed at this time, requiring a public hearing to be followed by City Council approval. The agreement has been reviewed by Attorney McArdle. The terms of the agreement are not changing. The 5% franchise fee on gross revenue that the City receives is the maximum allowable by federal statute. This equates to approximately $340,000 in annual General Fund revenue; this amount fluctuates based on variables such as the number of Comcast subscribers and the cost of the service. RECOMMENDATION: A motion to pass An Ordinance authorizing the renewal and execution of a cable television franchise agreement between the City of McHenry and Comcast, following the close of the Public Hearing. 4 CABLE TELEVISION FRANCHISE AGREEMENT BY AND BETWEEN THE CITY OF McHENRY, ILLINOIS AND COMCAST OF CALIFORNIA/COLORADO/IILLINOIS/ INDIANA/MICHIGAN, LLC THIS FRANCHISE AGREEMENT (hereinafter, the "Agreement" or "Franchise Agreement") is made between the City of McHenry, Illinois (hereinafter, the "City"), an Illinois municipal corporation and Comcast of California/Colorado/Illinois/Indiana/Michigan, LLC (hereinafter, "Grantee"), effective this ________ day of __________, 2024 (the "Effective Date"). The City, having determined that the financial, legal and technical abilities of the Grantee are reasonably sufficient to provide the services, facilities, and equipment necessary to meet the future cable related needs of the City, desires to enter into this Franchise Agreement with the Grantee for the construction, operation and maintenance of a Cable System on the terms and conditions set forth herein. This Agreement is entered into by and between the parties under the authority and shall be governed by the Cable Communications Policy Act of 1984, as amended from time to time, 47 U.S.C. Sections 521 et seq, (the "Cable Act"), and the Illinois Municipal Code, as amended from time to time; provided that any provisions of the Illinois Municipal Code that are inconsistent with the Cable Act shall be deemed to be preempted and superseded. Article I - Franchise Hereby Granted a. The City hereby agrees to permit the Grantee to construct, operate and maintain a cable system in the City subject to the terms and provisions of the City's generally applicable ordinances governing the streets and rights of way of the City. b. The City hereby agrees that, provided the Grantee is in compliance with all generally applicable City codes and ordinances, this Franchise Agreement shall be effective for a period of five (5) years from and after the Effective Date. Article II- Operations within the City's Rights of Way a. The Grantee hereby agrees to occupy the rights of way in accordance with the terms and provisions of Illinois State law and the City's generally applicable ordinances governing the streets and rights of way of the City including, but not limited to, the provisions of Title 8, Chapter 7, Construction of Utility Facilities in the Rights-of-Way, of the McHenry Municipal Code governing streets and sidewalks, as currently in effect and as may be subsequently amended. 5 b. The Grantee shall at all times maintain insurance and shall provide the City with certificates of insurance in accordance with the provisions of Title 8, Chapter 7, of the McHenry Municipal Code, governing streets and sidewalks, as currently in effect and as may be subsequently amended. Said certificates of insurance shall name the City and its elected and appointed officers, officials, agents and employees as additional insureds. Article III - Franchise Fee a. The Grantee shall pay a franchise fee to the City for the privilege of operating in the City's rights of way in a manner consistent with the provisions of the Cable Communications Policy Act of 1984, as now in effect and as maybe subsequently amended from time to time. The franchise fee shall be in an amount equal to five percent (5%) of annual gross revenues received from the operation of the cable system to provide cable service in the City, and shall be made on a quarterly basis, and shall be due forty- five (45) days after the close of each calendar quarter. If mailed, the Franchise Fee shall be considered paid on the date it is postmarked. The City hereby agrees that the total franchise fee, as interpreted under the Cable Act, shall not exceed the greater of the percentage of fees of any other video service provider, under state authorization or otherwise, providing service in the Franchise Area pays to the City. b. As used in this agreement, gross revenue means the cable service revenue derived by the Grantee from the operation of the cable system in the City's Rights of Way to provide cable services, calculated in accordance with generally accepted accounting principles. Gross revenues shall also include such revenue sources from the provision of cable service as may now exist or hereafter develop from or in connection with the operation of the cable system within the City, provided that such revenues, fees, receipts, or charges may lawfully be included in the gross revenue base for purposes of computing the City's permissible franchise fee under the Cable Act, as may be amended from time to time. c. The City and Grantee acknowledge that the audit standards are set forth in the Illinois Municipal Code at 65 ILCS 5/11-42-11.05 (Municipal Franchise Fee Review; Requests For Information). Any audit shall be conducted in accordance with generally applicable auditing standards. d. In accordance with 65 ILCS 5/11-42-11.05 (k), the City shall provide, on an annual basis, a complete list of addresses within the corporate limits of the City. If an address is not included in the list or if no list is provided, the Grantee shall be held harmless for any franchise fee underpayments (including penalty and interest) from situsing errors. Article IV - Cable Communications Policy Act of 1984 Nothing in this Agreement shall be construed to limit, in any way, the Grantee's rights or responsibilities under the Cable Communication Policy Act of 1984, as amended and the renewal of this Agreement shall be governed by that Act. 6 Article V - Customer Service Standards The City and Grantee acknowledge that the customer service standards and customer privacy protections are set forth in the Cable and Video Customer Protection Act (220 ILCS 5/22-501 et. seq.). Enforcement of such requirements and standards and the penalties for non-compliance with such standards shall be consistent with that Act. IN WITNESS WHEREOF, this Franchise Agreement has been executed by the duly authorized .representatives of the parties as set forth below, as of the date set forth below: For the City of McHenry, Illinois: For Comcast of California/Colorado/Illinois/ Indiana/Michigan, LLC: By: _____________________________ By:_____________________________ Title: _____________________________ Title: _____________________________ 7 ORDINANCE NO. An Ordinance Authorizing Renewal and Execution of a Cable Television Franchise Agreement between the City of McHenry and Comcast 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. WHEREAS, the City of McHenry (City) and Comcast of California/Colorado/Illinois/Indiana/ Michigan, LLC (Comcast), are parties to a franchise agreement that expires on June 30, 2024; and WHEREAS, the City has given notice to the public of a hearing on the Comcast proposal pursuant to 47 U.S.C. § 546, which notice was published in the Northwest Herald on May 21, 2024; and WHEREAS, the City has held such public hearing pursuant to Federal law and the City Council finds accepting the Comcast proposal is in the best interest 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: The Mayor is hereby authorized to execute the City's franchise agreement with Comcast attached hereto as Exhibit A. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed and approved this 3rd day of June, 2024. Ayes Nays Absent Abstain Alderman Santi ____ _____ _____ _____ Alderman Glab ____ _____ _____ _____ Alderman McClatchey ____ _____ _____ _____ 8 Alderwoman Bassi _____ _____ _____ _____ Alderman Davis _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy Clerk 9 Monte Johnson Deputy City Clerk 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA ITEM DATE: June 3, 2024 TO: Mayor and City Council FROM: Monte Johnson RE: Block Party Request Change of Date ATT: Application, Map AGENDA ITEM SUMMARY: Kathy Weltzien of Deerwood Estates applied for a block party for June 9, 2024, and was approved at the City Council meeting on February 20, 2024. She has now notified me that they need to change the date to September 8, 2024. There are no other changes to the proposed block party. I have included the application, the original supplement, the map showing that no driveways are obstructed and therefore no signatures were needed. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve a change in the block party request date for Woodridge Trail to September 8, 2024, from 10:00 a.m. to 10:00 p.m. Public Works will provide barricades and the McHenry Township Fire Protection District and Police Department will be notified of the event. 10 Date * Name* Address* Phone Number* 2/2/2024 Kathy Weltzien 601 Woodridge Trail, McHenry 8152459227 Email* weltzien_jk@att.net Date of Block Party* 6/ 9/2024 Proposed Hours of 10 am to 10 pm Street Closure* Subdivision Name Deerwood Estates Specific Location of Proposed Street Closure Street Name Closed * Woodridge Trail From what intersection To what Intersection Street or Address 915 Woodridge Trail Corner of Woodridge Trail and RidgeWay Trail Special Notes or This area has been selected because it will not interfere with anyone getting to and Circumstances from their properties. It is the back of the neighborhood. A sheet must be filled out that lists each address that will have restricted access to their driveway due to the street closure. The sheet must list the address and have a signature of each resident. Download that sheet here, and then upload that file with this application. You can also email that sheet separately to Monte Johnson at: mjohnson@cityofmchenry.org This application will not be taken to Council for approval until that form is completed and submitted. File Upload Signature* Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. 11 12 13 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: June 3, 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. 14 FOR COUNCIL MEETING ON JUNE 3 Park Pavilion / Community Room - Beer & Wine and Special Use Permit Requests Date Applicant Location Purpose Permit 06/23/24 Jamie Cooper Ft. McHenry Birthday Party SU BW = Beer & Wine Permit SU = Special Use Permit 15 16 City of McHenry Council Meeting Minutes 5.20.24 1 MINUTES REGULAR CITY COUNCIL MEETING Monday, May 20, 2024, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 Call to Order: Administrator Ostrovsky called the meeting to order in the absence of Mayor Jett. A motion was made by Alderwoman Bassi and seconded by Alderman Santi to approve Alderman Glab as Mayor Pro-tem: Roll Call: Vote:6-ayes: Alderman Santi, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller. 0- nays,1-abstained, Alderman Glab. Motion carried. Roll Call: Mayor Pro-tem Glab called the meeting to order. Members present Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller, and Mayor Jett-absent. Others present: Attorney McArdle, Administrator Ostrovsky, Director of Community Development Polerecky, Finance Director Lynch-absent, Director of Parks and Recreation Hobson-absent, Director of Economic Development Martin-absent, Chief of Police Birk, Director of Public Works Wirch, Deputy Clerk Johnson, and City Clerk Ramel. Pledge of Allegiance: Mayor Pro-tem Glab led the pledge. Public Comment: Shawn Wade, proprietary owner of Buddyz, would like the city to address the need for public parking, he would like this to be on The Council’s mind when making upcoming decisions. Alderwoman Miller asked what would be a perfect world regarding the parking, as of right now there are at least 80 spaces that all the commercial tenants currently use, as confirmed by public comment. Rich Eisele, owner of Riverplace Apartments, would like to thank the City for the good job that has been done so far, he also took the podium regarding the parking topic. Stated that it is a great vision and how alive it has become but the parking could limit it would not like to see that. It was suggested by Mayor Pro-tem Glab that information be gathered by the tenant to talk with Director spots or more, asking that it could then be presented to The Council. Director Polerecky stated that he has been in talks regarding the parking expectations and he could 17 City of McHenry Council Meeting Minutes 5.20.24 2 relay that information to The Council. Going back to Alderwoman Miller’s question, Dan Hart owner of DcCobbs and about 100-125 spots would be needed to help at least for parking. Consent Agenda. Motion to Approve the following Consent Agenda Items as presented: A. Pass An Ordinance Amending Section 4-2-6, Subsection D.7. Class G (Limited And Package) License, of the McHenry City Code (Deputy Clerk Johnson) B. Pass An Ordinance Amending Section 4-2-6, Alcoholic Liquor, Limitation on Number of Licenses, of the McHenry City Code (Deputy Clerk Johnson) C. Bands, Brews, and BBQs Event (McHenry Rotary Club) – As presented, approve the use of Petersen Park from August 15, 2024, to August 20, 2024; approve a special event liquor license; approve the use of City services related to the event at 50% of actual costs; and approve the placement of temporary signage (Director Hobson) D. Approve the use of Petersen Park; allow temporary signage to be posted in City rights- of-way; and waive park use and sign permit fees for the Wonder Lake Ski Show Team annual Haunted Hayride as presented. (Director Hobson) F. Parks & Recreation Facilities & Special Use Permit Requests G. May 6, 2024, City Council Meeting Minutes H. May 13, 2024 Special City Council Meeting Minutes I. May 13.2024 Committee of the Whole Meeting Minutes J. Issuance of Checks in the amount of $351,783.30 K. As Needed Checks in the amount of $ 402,474.26 A motion was made by Alderwoman Miller 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 Davis, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. 18 City of McHenry Council Meeting Minutes 5.20.24 3 *Clerks Note: Item pulled by Alderman McClatchey. Alderman McClatchey expressed that he would like to consider people who live in the city as agents meaning utilizing those locally here in McHenry first and that is why he pulled this item. A motion was made by Alderman McClatchey 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 Davis, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Individual Action Item Agenda A. El Vado Mexican Restaurant Liquor License Motion to approve a Class A Liquor License to El Vado Mexican Restaurant at 929 Front Street. (Deputy Clerk Johnson) A motion was made by Alderman Bassi 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 Davis, Alderman Koch, Alderwoman Miller. 0-nays. 0-abstained. Motion approved. B. El Vado Mexican Restaurant Video Gaming License Pending the approval of a Class A Liquor License, motion to approve a Video Gaming license to El Vado Mexican Restaurant at 929 Front Street (Deputy Clerk Johnson) Alderwoman Bassi wanted to know how many terminals, per Deputy Clerk Johnson there will be no changes 6 should be the correct number. A motion was made by Alderwoman Miller 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 Davis, Alderman Koch, Alderwoman Miller. 0-nays. 0-abstained. Motion approved. 19 City of McHenry Council Meeting Minutes 5.20.24 4 C. Whiskey Diablo Third Amendment Motion to approve a Third Amendment to the Economic Incentive Agreement Between the City of McHenry and 1325 Riverside Inc. d/b/a Whiskey Diablo (Deputy Clerk Johnson) Alderman Santi wanted to thank Mr. Hart for his time today and hope it is the final amount. Alderwoman Miller wanted to know how much parking he would need on the Riverside Drive street. There are 200 seats in the new restaurant, as stated. Alderwoman Miller wanted to know if there are enough signs for parking, per Mr. Hart there are never enough parking signs. A motion was made by Alderwoman 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 Davis, Alderman Koch, Alderwoman Miller. 0-nays. 0-abstained. Motion approved. D. Secondary Metering Ordinance Motion to pass an Ordinance Amending Title 9, Chapter 2, Water Use and Service Regulations, Subsection A-9, Secondary Metering, of the McHenry City Code (Director Wirch) Alderwoman Miller thanked Director Wirch, for bringing this to the ordinance. Alderman Santi stated that those building a pool have many investments regarding this ordinance. Mayor Pro- tem Glab thinks it is the right way to go. A motion was made by Alderman Koch 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 Davis, Alderman Koch, Alderwoman Miller. 0-nays. 0-abstained. Motion approved. Discussion Item Agenda: None Staff Reports. Provided the 1st meeting of each month. Mayor’s Report: None City Council Comments: Alderman Santi stated that he had a few minutes with Chief Birk 20 City of McHenry Council Meeting Minutes 5.20.24 5 regarding some concerns with noise levels from The Vixen stated that had issues with that level while having dinner at Buddyz, and should call if there are any complaints and not wait for Aldermen/woman. Mayor Pro-tem Glab stated that at 10:20 pm he had the same experience, but it did quiet down. Stated that there had been a resident that did call and the officer did a great job quieting things down and taking care of the situation. Alderman McClatchey mentioned that the Pearl Street market is going very well. Mayor Pro-tem Glab stated that he wanted to comment about the parking comments and support what is needed and to be careful where parking is reduced in some instances. Executive Session if necessary: None Adjourn: A motion was made by Alderman Santi and seconded by Alderman McClatchey to adjourn the meeting at 7:42 Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel 21 Expense Approval Register McHenry, IL List of Bills Council Meeting 6-3-24 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: BARNES, CHRISTY BARNES, CHRISTY 25653 06/03/2024 CXL CAMP 100-41-3636 189.00 Vendor BARNES, CHRISTY Total: 189.00 Vendor: BAXTER & WOODMAN BAXTER & WOODMAN 0258991 04/30/2024 OAKWOOD DR BRIDGE REHAB 100-33-5300 789.07 BAXTER & WOODMAN 0259597 06/03/2024 OAKWOOD DR BRIDGE REHAB 100-33-5300 227.29 Vendor BAXTER & WOODMAN Total: 1,016.36 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 29870 06/03/2024 SFC 100-33-6110 106.70 Vendor CURRAN CONTRACTING COMPANY Total: 106.70 Vendor: MCHENRY COUNTY COLLECTOR MCHENRY COUNTY COLLECTOR INV0016030 06/03/2024 1ST INSTALL PROP TAXES 100-01-5110 4,566.55 MCHENRY COUNTY COLLECTOR INV0016030 06/03/2024 1ST INSTALL PROP TAXES 280-41-6940 5,760.24 MCHENRY COUNTY COLLECTOR INV0016031 06/03/2024 1ST INSTALL PROP TAXES 590-00-6940 14,044.68 MCHENRY COUNTY COLLECTOR INV0016031 06/03/2024 1ST INSTALL PROP TAXES 590-00-6940 425.72 Vendor MCHENRY COUNTY COLLECTOR Total: 24,797.19 Vendor: NICOR GAS NICOR GAS INV0016032 04/30/2024 UTIL 100-42-5510 190.50 NICOR GAS INV0016032 04/30/2024 UTIL 100-43-5510 136.03 NICOR GAS INV0016032 04/30/2024 UTIL 100-45-5510 403.64 NICOR GAS INV0016032 04/30/2024 UTIL 100-46-5510 47.09 NICOR GAS INV0016032 04/30/2024 UTIL 400-00-5510 318.11 NICOR GAS INV0016033 06/03/2024 UTIL 510-31-5510 978.37 NICOR GAS INV0016033 06/03/2024 UTIL 510-32-5510 8,215.84 Vendor NICOR GAS Total: 10,289.58 Vendor: ROBINSON ENGINEERING LTD ROBINSON ENGINEERING LTD 24050111 06/03/2024 MCH N RIVERSIDE DR P LOT CE 100-01-8900 444.00 ROBINSON ENGINEERING LTD 24050112 06/03/2024 MCH FREUND LIFT STATION 510-32-8500 844.25 ROBINSON ENGINEERING LTD 24050113 06/03/2024 TASK ORDER #5 MCH W 510-31-8500 1,626.75 Vendor ROBINSON ENGINEERING LTD Total: 2,915.00 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 529513152 06/03/2024 PW COPIER 620-00-5110 336.21 Vendor US BANK EQUIPMENT FINANCE Total: 336.21 Vendor: WEBER, MAX WEBER, MAX INV0016034 06/03/2024 AQUA AND FITNESS 100-42-5110 200.00 Vendor WEBER, MAX Total: 200.00 Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILL CO 13554C089 06/03/2024 SLUDGE 510-32-5580 374.40 Vendor WINNEBAGO LANDFILL CO Total: 374.40 Grand Total: 40,224.44 5/29/2024 2:18:27 PM 22 Expense Approval Register Packet: APPKT03018 - 5-28-24 AP CKS Fund Summary Fund Expense Amount 100 - GENERAL FUND 7,299.87 280 - DEVELOPER DONATION FUND 5,760.24 400 - RECREATION CENTER FUND 318.11 510 - WATER/SEWER FUND 12,039.61 590 - MARINA OPERATIONS FUND 14,470.40 620 - INFORMATION TECHNOLOGY FUND 336.21 Grand Total: 40,224.44 23 Expense Approval Register McHenry, IL #2 List of Bills Council Meeting 6-3-24 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ADAMS STEEL SERVICE & SUPPLY, INC ADAMS STEEL SERVICE & 388946 06/03/2024 Dryer Nitrogen INv# 388946 510-32-6110 52.75 ADAMS STEEL SERVICE & 388960 06/03/2024 steel smooth rebar #388960 100-33-6110 108.00 Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total: 160.75 Vendor: ADVANCED AUTOMATION AND CONTROLS INC ADVANCED AUTOMATION AND 24-4490 06/03/2024 Inv# 24-4490 510-31-5110 240.00 Vendor ADVANCED AUTOMATION AND CONTROLS INC Total: 240.00 Vendor: ANIMAL HOSPITAL OF WOODSTOCK ANIMAL HOSPITAL OF 365452 06/03/2024 Inv #365452 - Oakley Food 100-22-6310 103.00 Vendor ANIMAL HOSPITAL OF WOODSTOCK Total: 103.00 Vendor: AQUA PURE ENTERPRISES INC AQUA PURE ENTERPRISES INC 0149115-IN 06/03/2024 Soda Ash 100-42-6110 67.57 AQUA PURE ENTERPRISES INC 0149189-IN 06/03/2024 mesh filter 100-42-6110 108.14 Vendor AQUA PURE ENTERPRISES INC Total: 175.71 Vendor: AT&T AT&T 3336720904 06/03/2024 AT&T Monthly Phone Invoice 620-00-5320 670.42 AT&T 779320909 06/03/2024 AT&T Fiber Internet 250M 620-00-5110 1,241.80 AT&T 9813820902 06/03/2024 Voice Over IP - IP-Flex 620-00-5320 386.91 Vendor AT&T Total: 2,299.13 Vendor: AXON ENTERPRISE INC AXON ENTERPRISE INC INUS250087 06/03/2024 Inv #INUS250087 - Cartridges 100-22-6110 3,665.00 Vendor AXON ENTERPRISE INC Total: 3,665.00 Vendor: BUSS FORD SALES BUSS FORD SALES 5051108 06/03/2024 432 (5051108) 100-33-5370 159.90 BUSS FORD SALES 5051109 06/03/2024 432 (5051109) 100-33-5370 7,891.09 BUSS FORD SALES 5051171 06/03/2024 314 (5051171) 100-22-5370 154.74 BUSS FORD SALES 5051184 06/03/2024 434 (5051184) 100-33-5370 124.94 BUSS FORD SALES 5051185 06/03/2024 434 (5051185) 100-33-5370 158.75 BUSS FORD SALES 5051219 06/03/2024 312 5051219 100-22-5370 79.28 BUSS FORD SALES 6098807 06/03/2024 314 (6098807) 100-22-5370 362.83 Vendor BUSS FORD SALES Total: 8,931.53 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 69545 06/03/2024 69545 100-03-6110 382.34 Vendor CABAY & COMPANY INC Total: 382.34 Vendor: CDW GOVERNMENT INC CDW GOVERNMENT INC RH47396 06/03/2024 Adobe Gov Acrobat Std 12- 620-00-6110 3,288.34 CDW GOVERNMENT INC RH47396 06/03/2024 Adobe Gov Indesign Renewal 620-00-6110 407.07 CDW GOVERNMENT INC RH47396 06/03/2024 Adobe Gov Acrobat Pro 12- 620-00-6110 477.58 Vendor CDW GOVERNMENT INC Total: 4,172.99 Vendor: CINTAS CINTAS 5211330095 06/03/2024 First Aid REstock 400-00-6130 168.66 CINTAS 5211916495 06/03/2024 First Aid: Parks Maintenence 100-45-5110 71.12 Vendor CINTAS Total: 239.78 Vendor: CITY ELECTRIC SUPPLY CITY ELECTRIC SUPPLY MCH/027439 06/03/2024 Flood Light w/Bracket 510-31-6110 1,413.88 CITY ELECTRIC SUPPLY MCH/027481 06/03/2024 Lift Station Duct Seal 510-32-5380 62.69 CITY ELECTRIC SUPPLY MCH/027539 06/03/2024 1415 Industrial Emergency 100-33-6115 35.35 Vendor CITY ELECTRIC SUPPLY Total: 1,511.92 5/29/2024 2:20:38 PM 24 Expense Approval Register Packet: APPKT03019 - RECT INV 6-3-24 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: CIVIC PLUS, LLC CIVIC PLUS, LLC INV#301197 06/03/2024 Social Media Archive 620-00-5110 7,547.40 Vendor CIVIC PLUS, LLC Total: 7,547.40 Vendor: CONDUENT HR SERVICES LLC CONDUENT HR SERVICES LLC 1721592 04/30/2024 JAN & APRIL HSA FEES 600-00-6960 193.50 Vendor CONDUENT HR SERVICES LLC Total: 193.50 Vendor: ED'S RENTAL & SALES INC ED'S RENTAL & SALES INC 419535-1 06/03/2024 Patio materials 100-22-6110 93.00 Vendor ED'S RENTAL & SALES INC Total: 93.00 Vendor: EJ USA INC EJ USA INC 110240031396/CR 06/03/2024 Auxiliary valves 110240031396 510-31-6110 5,011.79 EJ USA INC 110240031396/CR 06/03/2024 Auxiliary valves CREDIT 510-31-6110 -3,014.74 Vendor EJ USA INC Total: 1,997.05 Vendor: ESRI ESRI 94720600 06/03/2024 ESRI ArcGIS Annual 620-00-5110 4,579.00 Vendor ESRI Total: 4,579.00 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 22076 06/03/2024 Concrete for Water Service 510-31-6110 873.75 FISCHER BROS FRESH 22096 06/03/2024 Concrete for water service 510-31-6110 552.00 FISCHER BROS FRESH 22113 06/03/2024 Concrete - Catch Basin #22113 100-33-6110 593.63 FISCHER BROS FRESH 22114 06/03/2024 Concrete - Crosswalk #22114 100-33-6110 811.40 FISCHER BROS FRESH 22131 06/03/2024 Concrete for Springbrook WSB 510-31-6110 710.63 FISCHER BROS FRESH 22142 06/03/2024 Concrete for Melrose WSB 510-31-6110 690.38 FISCHER BROS FRESH 22154 06/03/2024 Concrete for Waterford 100-33-6110 684.38 Vendor FISCHER BROS FRESH Total: 4,916.17 Vendor: FLOCK GROUP INC FLOCK GROUP INC INV-39916 06/03/2024 Flock Falcon ALPR - 913 Front St 620-00-5110 3,150.00 Vendor FLOCK GROUP INC Total: 3,150.00 Vendor: G & E GREENHOUSES INC G & E GREENHOUSES INC 183155 06/03/2024 Landscape Supplies 100-45-6110 490.00 Vendor G & E GREENHOUSES INC Total: 490.00 Vendor: GALLS LLC GALLS LLC 027927653 06/03/2024 Inv #027927653 - Dispatch 100-23-6110 312.00 Vendor GALLS LLC Total: 312.00 Vendor: HACH COMPAN Y HACH COMPANY 14031453 06/03/2024 Inv# 14031453 510-31-6110 929.97 Vendor HACH COMPANY Total: 929.97 Vendor: HALOGEN SUPPLY COMPANY HALOGEN SUPPLY COMPANY 0613299 06/03/2024 cleaning equipment 100-42-6110 164.68 Vendor HALOGEN SUPPLY COMPANY Total: 164.68 Vendor: HARBOR FREIGHT COMMERCIAL ACCOUNT HARBOR FREIGHT #a490411c 06/03/2024 City Fuel Pump - drain ends 100-33-6110 14.98 HARBOR FREIGHT a490411c 06/03/2024 Shop tools 100-45-6270 39.92 HARBOR FREIGHT d9106662 06/03/2024 Rubber gloves 100-33-6110 31.23 HARBOR FREIGHT INV a490411c 06/03/2024 City Fuel Pump - Wheel Chucks 100-33-6110 86.36 Vendor HARBOR FREIGHT COMMERCIAL ACCOUNT Total: 172.49 Vendor: HAWKINS INC HAWKINS INC 6757957 06/03/2024 Inv# 6757957 510-31-6110 20.00 Vendor HAWKINS INC Total: 20.00 Vendor: HDR, INC HDR, INC INV120062 04/30/2024 2023 COMPREHENSIVE AND 100-03-5110 16,000.00 Vendor HDR, INC Total: 16,000.00 Vendor: HEARTLAND BUSINESS SYSTEMS, LLC HEARTLAND BUSINESS 696811-H 06/03/2024 Microsoft Monthly M365 620-00-5110 4,431.48 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total: 4,431.48 5/29/2024 2:20:38 PM 25 Expense Approval Register Packet: APPKT03019 - RECT INV 6-3-24 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: HERO INSUSTRIES, INC HERO INSUSTRIES, INC 18359 06/03/2024 Social Service/K9 Plush dogs - 100-22-6210 1,300.00 Vendor HERO INSUSTRIES, INC Total: 1,300.00 Vendor: HIGHSTAR TRAFFIC HIGHSTAR TRAFFIC 5496 06/03/2024 2024 Road Signage Materials 100-33-6110 3,404.20 HIGHSTAR TRAFFIC 5497 06/03/2024 2024 Road Signage #5497 100-33-6110 343.75 Vendor HIGHSTAR TRAFFIC Total: 3,747.95 Vendor: HINCKLEY SPRINGS HINCKLEY SPRINGS 23840828 051124 06/03/2024 Lab Water # 23840828 051124 510-32-6110 74.43 Vendor HINCKLEY SPRINGS Total: 74.43 Vendor: HOLCIM-MAMR, INC HOLCIM-MAMR, INC 719492261 06/03/2024 Virgin Grade 9 for Sussex Water 510-31-6110 130.03 Vendor HOLCIM-MAMR, INC Total: 130.03 Vendor: ILLINOIS TOLLWAY ILLINOIS TOLLWAY VW5106426922 06/03/2024 Inv #VW5106426922 - Unpaid 100-22-5110 12.30 Vendor ILLINOIS TOLLWAY Total: 12.30 Vendor: IMAGETEC LP IMAGETEC LP 735269 06/03/2024 Imagetec Monthly Lease 620-00-5110 268.05 Vendor IMAGETEC LP Total: 268.05 Vendor: IMPRESSIVE IMAGES IMPRESSIVE IMAGES 7128 04/30/2024 Uniform Emboidery #7128 510-35-4510 24.00 IMPRESSIVE IMAGES 7150 06/03/2024 Summer Helper Shirts 7150 510-31-4510 182.49 Vendor IMPRESSIVE IMAGES Total: 206.49 Vendor: INFOSEND, INC INFOSEND, INC 262558 06/03/2024 POSTATE DEPOSIT INCREASE 100-04-5310 1,873.10 Vendor INFOSEND, INC Total: 1,873.10 Vendor: IN-PIPE TECHNOLOGY COMPANY INC IN-PIPE TECHNOLOGY 2579 06/03/2024 Monthly Invoice # 2579 510-32-5110 8,525.00 Vendor IN-PIPE TECHNOLOGY COMPANY INC Total: 8,525.00 Vendor: JG UNIFORMS INC JG UNIFORMS INC 130598 06/03/2024 Inv #130598 - Vest Cover Chris 100-22-6270 185.49 Vendor JG UNIFORMS INC Total: 185.49 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 102222310 06/03/2024 kimball stock (102222310) 100-33-5370 201.62 KIMBALL MIDWEST 102247223 06/03/2024 kimball stock (102247223) 100-33-5370 284.92 Vendor KIMBALL MIDWEST Total: 486.54 Vendor: KNAPHEIDE EQUIPMENT CO-CHICAGO KNAPHEIDE EQUIPMENT CO- 068F108946 06/03/2024 Screws for trailer 100-33-6110 86.00 Vendor KNAPHEIDE EQUIPMENT CO-CHICAGO Total: 86.00 Vendor: LEADSONLINE LEADSONLINE 411547 06/03/2024 Inv #411547 - Subscription 100-22-5110 4,995.00 Vendor LEADSONLINE Total: 4,995.00 Vendor: MCDANIELS MARKETING MCDANIELS MARKETING INV-10984 06/03/2024 ThinkMcHenry Annual Hosting 620-00-5110 4,500.00 MCDANIELS MARKETING INV-10985 06/03/2024 Update 1 minute sizzle reel 100-06-5110 1,500.00 Vendor MCDANIELS MARKETING Total: 6,000.00 Vendor: MCHENRY COMMUNITY HIGH SCHOOL DIST 156 MCHENRY COMMUNITY HIGH INV0016037 06/03/2024 JULY 23 - DECEMBER 23 280-00-6970 17,360.35 Vendor MCHENRY COMMUNITY HIGH SCHOOL DIST 156 Total: 17,360.35 Vendor: MCHENRY COMMUNITY SCHOOL DIST #15 MCHENRY COMMUNITY INV0016036 06/03/2024 JULY 23 - DECEMBER 23 280-00-6970 32,240.65 Vendor MCHENRY COMMUNITY SCHOOL DIST #15 Total: 32,240.65 Vendor: MCHENRY PUBLIC LIBRARY MCHENRY PUBLIC LIBRARY INV0016038 06/03/2024 JULY 23 - DECEMBER 23 280-00-6980 45,212.00 Vendor MCHENRY PUBLIC LIBRARY Total: 45,212.00 5/29/2024 2:20:38 PM 26 Expense Approval Register Packet: APPKT03019 - RECT INV 6-3-24 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: MCHENRY TOWNSHIP FIRE PROTECTION DIST MCHENRY TOWNSHIP FIRE INV0016039 06/03/2024 JULY 23 - DECEMBER 23 280-00-6990 45,212.00 Vendor MCHENRY TOWNSHIP FIRE PROTECTION DIST Total: 45,212.00 Vendor: MEADE INC MEADE INC 708613 06/03/2024 CLR/Royal Dr Crosswalk Light 100-33-5110 490.99 Vendor MEADE INC Total: 490.99 Vendor: MENARDS - CRYSTAL LAKE MENARDS - CRYSTAL LAKE 12643 06/03/2024 Spring planting supplies 100-45-6110 51.96 MENARDS - CRYSTAL LAKE 126445 06/03/2024 spring planting supplies 100-45-6110 45.87 Vendor MENARDS - CRYSTAL LAKE Total: 97.83 Vendor: MENARDS-FOX LAKE MENARDS-FOX LAKE 70553 06/03/2024 Spring planting supplies 100-45-6110 389.55 Vendor MENARDS-FOX LAKE Total: 389.55 Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC MENDEZ LANDSCAPING & 16456 06/03/2024 RIverwalk Repairs: brick 100-45-5110 1,500.00 MENDEZ LANDSCAPING & 16503 06/03/2024 RIverwalk Shoppes: Drainage 100-45-5110 1,500.00 MENDEZ LANDSCAPING & 16695 06/03/2024 Contractual Landscaping: 100-45-5110 850.00 Vendor MENDEZ LANDSCAPING & BRICK PAVERS INC Total: 3,850.00 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 270049W 06/03/2024 Culvert Pipe 270049W 100-33-6110 2,230.20 MID AMERICAN WATER OF 270050W 06/03/2024 Saw Blade 270050W 510-31-6110 250.00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 2,480.20 Vendor: MIDWEST POWER INDUSTRY, INC MIDWEST POWER INDUSTRY, 1640 06/03/2024 Inv #1640 - Monitoring Alarm 100-23-5110 180.00 Vendor MIDWEST POWER INDUSTRY, INC Total: 180.00 Vendor: MOTOROLA MOTOROLA 8370520240403 06/03/2024 Inv #8370520240403 - 100-22-5320 3,359.00 Vendor MOTOROLA Total: 3,359.00 Vendor: NORTHWESTERN MEDICINE OCC HEALTH NORTHWESTERN MEDICINE 550527 04/30/2024 New Hires, Random #550527 100-05-5110 562.00 NORTHWESTERN MEDICINE 550856 04/30/2024 New Hires, Randoms #550856 100-05-5110 464.00 NORTHWESTERN MEDICINE 551208 04/30/2024 Post Accident (Fisher, B) 610-00-6940 42.00 Vendor NORTHWESTERN MEDICINE OCC HEALTH Total: 1,068.00 Vendor: OLSEN SAFETY EQUIPMENT CORP OLSEN SAFETY EQUIPMENT 0415880-IN 06/03/2024 Rain jackets 0415880-IN 100-33-6290 92.70 OLSEN SAFETY EQUIPMENT 0416178-IN 06/03/2024 Streets PPE #0416178-IN 100-33-6290 370.96 Vendor OLSEN SAFETY EQUIPMENT CORP Total: 463.66 Vendor: PITEL SEPTIC INC PITEL SEPTIC INC 25923 06/03/2024 Park toilet rentals 100-45-5110 940.00 Vendor PITEL SEPTIC INC Total: 940.00 Vendor: QUBIT NETWORKS QUBIT NETWORKS 13638 06/03/2024 PW Network Equip. - Fuel 620-00-8300 2,097.05 Vendor QUBIT NETWORKS Total: 2,097.05 Vendor: RABINE DORS & DOCKS RABINE DORS & DOCKS 3666 06/03/2024 Micro Screen Building Gar, 510-32-5375 455.00 Vendor RABINE DORS & DOCKS Total: 455.00 Vendor: RED WING BUSINESS ADVANTAGE RED WING BUSINESS 740-1-90206 04/30/2024 Tim Lechner Boot Allowance 510-35-4510 219.99 RED WING BUSINESS 90209 04/30/2024 Paul Clements Boot Allowance 510-35-4510 206.99 RED WING BUSINESS 90240 04/30/2024 Nate Banwart Boots 90240 100-33-4510 246.39 RED WING BUSINESS 91034 06/03/2024 Pete Varvitsiotes Boots #91034 100-33-4510 255.19 Vendor RED WING BUSINESS ADVANTAGE Total: 928.56 Vendor: SAYERS SAYERS INV9009089 06/03/2024 Netmotion Subscription 620-00-5110 2,949.25 Vendor SAYERS Total: 2,949.25 5/29/2024 2:20:38 PM 27 Expense Approval Register Packet: APPKT03019 - RECT INV 6-3-24 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: SITEONE LANDSCAPE SUPPLY, LLC SITEONE LANDSCAPE SUPPLY, 141784883-001 06/03/2024 Fort McHenry splash pad: 100-45-6110 166.14 Vendor SITEONE LANDSCAPE SUPPLY, LLC Total: 166.14 Vendor: TODAY'S UNIFORMS TODAY'S UNIFORMS 257286 04/30/2024 Inv #257286 - Uniform Order - 100-22-4510 151.90 TODAY'S UNIFORMS 257298 06/03/2024 Inv #257298 - Uniform Order - 100-23-4510 69.95 TODAY'S UNIFORMS 257316 06/03/2024 Inv #257316 - Uniform Order - 100-23-4510 160.00 TODAY'S UNIFORMS 257703 06/03/2024 Inv #257703 - Uniform Order - 100-22-4510 25.90 TODAY'S UNIFORMS 257704 06/03/2024 Inv #257704 - Uniform Order - 100-22-4510 25.90 TODAY'S UNIFORMS 258185 04/30/2024 Inv #258185 - Uniform Order - 100-23-4510 74.95 Vendor TODAY'S UNIFORMS Total: 508.60 Vendor: TOPS IN DOG TRAINING CORP TOPS IN DOG TRAINING CORP 26919 06/03/2024 Inv #26919 - K9 Food/Boarding 100-22-6310 466.00 Vendor TOPS IN DOG TRAINING CORP Total: 466.00 Vendor: ULINE ULINE 177919001 06/03/2024 Maintenance Supplies 510-32-6110 436.39 Vendor ULINE Total: 436.39 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 085038 06/03/2024 Inv #085038 - Swap out gun 100-22-5370 130.00 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 130.00 Vendor: WATER PRODUCTS - AURORA WATER PRODUCTS - AURORA 0321239 04/30/2024 Bbox Caps #0321239 510-31-6110 470.00 WATER PRODUCTS - AURORA 0322421 06/03/2024 Riser Ring STS #0322421 100-33-6110 430.00 Vendor WATER PRODUCTS - AURORA Total: 900.00 Vendor: WOODMASTER FENCE WOODMASTER FENCE 511065 06/03/2024 Fence repairs/installations 100-45-5110 1,230.00 WOODMASTER FENCE 511067 06/03/2024 Fence repairs/installations 100-45-5110 922.00 Vendor WOODMASTER FENCE Total: 2,152.00 Vendor: XYLEM WATER SOLUTIONS USA INC XYLEM WATER SOLUTIONS USA 3556D24184 06/03/2024 Anne St. Oil Housing INV# 510-32-5380 784.90 Vendor XYLEM WATER SOLUTIONS USA INC Total: 784.90 Vendor: ZARNOTH BRUSH WORKS INC ZARNOTH BRUSH WORKS INC 0198119 06/03/2024 441 (0198119) 100-33-5370 1,548.00 Vendor ZARNOTH BRUSH WORKS INC Total: 1,548.00 Grand Total: 261,635.39 5/29/2024 2:20:38 PM 28 Expense Approval Register Packet: APPKT03019 - RECT INV 6-3-24 Fund Summary Fund Expense Amount 100 - GENERAL FUND 65,909.56 280 - DEVELOPER DONATION FUND 140,025.00 400 - RECREATION CENTER FUND 168.66 510 - WATER/SEWER FUND 19,302.32 600 - EMPLOYEE INSURANCE FUND 193.50 610 - RISK MANAGEMENT FUND 42.00 620 - INFORMATION TECHNOLOGY FUND 35,994.35 Grand Total: 261,635.39 29 Monte Johnson Deputy City Clerk 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA ITEM DATE: June 3, 2024 TO: Mayor and City Council FROM: Monte Johnson RE: Block Party Request ATT: Application, Map AGENDA ITEM SUMMARY: An application has been submitted by Victor Santi for the purpose of holding a block party on Saturday, September 28, between noon and 6:00 p.m. They are requesting closure of the portion of Dale Street as shown on the attached map. Background: The City of McHenry allows block parties on all residential streets providing they do not block intersections, cul-de-sacs, or other roadways. To schedule a block party, City residents submit an application to the City Administrator’s office. There is no fee for the permit. Once approved, only moveable barriers (sawhorses) that are dropped off and picked up by Public Works can be used to control traffic. Blocking streets with vehicles is prohibited. Please note that all residents will have full access to their driveways for the duration of the block party. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve the block party request on Dale Street on September 28, 2024. Public Works will provide barricades and the McHenry Township Fire Protection District and Police Department will be notified of the event. 30 31 32 WHighSt WHighSt NDaleAveWLeeSt Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, andtheGISUser Community~ Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, andtheGISUser Community BlockParty - EdgebrookHeights Location of BlockParty 347910933 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: June 3, 2024 TO: City Council FROM: Deputy Clerk Monte Johnson RE: Riverside Lounge Liquor License AGENDA ITEM SUMMARY: AJSGroup DBA Riverside Lounge has applied for a Class A liquor license at 1402 Riverside Drive. The owners, Jessica and Alex Schneider, have been owners of Ye Olde Corner Tap since 2020. The Mayor, Chief of Police, City Administrator, and Deputy Clerk met with Ms. Schneider and the background checks has been completed and successfully passed. A business summary/vision is attached. RECOMMENDATION: A motion to approve a Class A Liquor License to AJSGroup DBA Riverside Lounge, located at 1402 Riverside Drive, and if approved, pass an Ordinance. Amending Section 4-2-6, Alcoholic Liquor, Limitation on Number of Licenses, of the McHenry City Code 34 1VIcHenr License Classification Application Date* 5/6/2024 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* Riverside Lounge Name on License Name to appear on liquor license(if different than above). AJSGroup DBA Riverside Lounge Address* 1402 Riverside Dr Phone* Email riversideloungemchenry@gmail.com Type of Business* Sole Proprietor Partnership LLC or Corporation 35 Principal Business Type* Bar Restaurant Retail Store Hotel Gas Station Gaming Parlor Other 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 LLC Alcohol Sale Length How long has the business been in the business of selling alcohol?List date. Zoning What Zoning Classification is the business property? Business Location History Date Date on which the business opened or will open at the above Business Location 8/5/2024 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 Rob Salerno Address Phone Number 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? 36 Business Agent An agent is the authorized representative of the Licensee who has supervisory authority over all employees of the license premises.An agent may be an owner, partner, member,or designated manager. Full Name* Jessica Schneider 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 History Information For a large history,documents can be uploaded in lieu of filling out the fields Name of Person or Business Ye Olde Corner Tap D/B/A Name Ye Olde Corner Tap Corporation Address 3901 Main Street, McHenry Business Licensing and Filing Identification ROT# ApplicanYs Retailer's Occupation tax(ROT)Registration Number 99-1833341 Delinquency* Has applicant been delinquent in the payment of the Retailer's Occupational Tax(Sales Tax)? No Yes Insurance 37 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 Society Insurance Insurance Company Address Policy Number Owner Insurance Company Owner Insurance Address Owner Policy Number Background Questionnaire The following questions are in relation to the McHenry City Liquor Ordinance and Illinois law as it pertains to liquor licensing.All questions must be answered honestly. Failure to do so may disqualify you from the application process. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor;and will you abide by them? Yes No Will you maintain the entire premises in a safe,clean and sanitary manner free from conditions,which might cause accidents? Yes No Will you attempt to prevent rowdiness,fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? Yes No Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license,advanced money or anything else of value or any credit(other than merchandising credit in the ordinary course of business for a period not in excess of 90 days),or is such a person directly or indirectly interested in the ownership,conduct or operation of the place of business? Yes No 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? 38 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? Suspension* Yes No Liqour Suspension Information For a large number of suspensions,a separate document may be submitted in lieu of filling out the boxes below. Name Date and Location of Offense Is any individual who is directly or indirectly interested in applicanYs place of business, a law-enforcing official or elected public official (mayor,alderman, and member of any City commission,committee or board)? Official or Officer* Yes No Public Official or Officer Information Name Address Phone Have you ever been convicted of a gambling offense(if a partnership or corporation, include all partners, owners of 5%or more shares of the corporation and the local manager)?39 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 Jessica Schneider Date of Birth Address Street Address,City,Zip Phone Email Percentage of Ownership 51 Name Date of Birth Address Street Address,City,Zip Phone Email Percentage of Ownership 49 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. 40 Signature of Authorized Agent of Corporation V — 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* 5/6/2024 41 Riverside Lounge Barcade, Beer & Wine Presented By: Jessica Schneider 42 Executive Summary Come see our vison with us! Mission To provide an elevated space for families, friends and co- workers to socialize after hours PAGE 2 Vision To become a staple location for residents to have fun after dinner or after work. The Space The Riverside lounge is a place for residents of our community to socialize, play arcade & board style games and enjoy the company of family, friends and co-workers. The Leadership Jessica Schneider and Alex Schneider (husband and wife), co-own Ye Olde Corner Tap, are McHenry locals and are eager to expand to more spaces within their community. The Overall Industry McHenry is full of amazing new restaurant and bar spaces for dinner and drinks, but is lacking something to else to do besides sit on a barstool. Future Plans By the end of year 2025, Riverside lounge will be a staple location for young and older adults alike to socialize and have something to do after dinner or work. Phase Two Phase two of this endeavor will be a new outdoor space that really captures the beauty of the Fox River and gives the community a relaxing space to enjoy a summer night. Coming Spring 2025 43 The Organization Meet the Team! PAGE 3 Jessica Schneider Owner & Operator Jessica has been owner and operator of Ye Olde Corner Tap since 2020. She has won many Best of the Fox awards for her recipes and is highly respected by her employees as being a well grounded and organized manager/fearless leader. Alex Schneider Owner Alex is the husband of Jessica and has been owner of Ye Olde Corner Tap since 2020 along side her. They decided to take on this journey together of opening small businesses in the hopes of him being able to quit corporate America in the near future. 44 “What do you want to do after dinner or work?” Mchenry is a great place to shop and dine, but what happens after dinner? What about all of the amazing people that are working in those restaurants and stores until 10pm? As a current owner and operator of a cocktail bar that closes at 10pm most days, I can tell you first-hand that there not much open after that. Instead of spending my money supporting a local business in town, I usually end up just going home. We envision a space for people to socialize by playing pool, darts, arcade style games like pinball or even a good old fashion board game. On top of that, we want to provide a late-night kitchen for when that snacking hunger kicks in but also for those who just got off work and have not eaten yet (a situation I find myslef in at 11PM). By keeping the space elevated with an upscale atmosphere, we plan to attract the population of McHenry that has the money to spend at Bimbos for dinner or was just tipped very nicely by those patrons and is just needing to wind down before going home. PAGE 4Business Description Here is what we see... 45 Simple Upscale The Riverside Lounge cocktail menu will feature simple cocktails that feel upscale, but will compliment your full belly or crave your sweet tooth. Crafts & Vino Craft beer that you can’t find just anywhere and a large wine selection will be the perfect beverages to end the night with! Imagine sipping on a port wine & looking out over the calm evening river. Elevated Bar Snacks We plan to team up with another local business to provide food all day long to our community! Whether you just need a quick something for lunch, want to grab something to go on the boat, need a quick dinner because you just got off work at 10pm, or just want a small after dinner snack. Let’s give back! Thursday is community workers day! Friday is Military & First Responder Days! & Sunday Night is Industry night for our fellow workers! Let’s give back to the people that make McHenry great! Cocktails Craft Beer & Wine Late-Night Menu Discounted Nights! The Details PAGE 5 46 Let’s support the WHOLE community As a serving board member for the McHenry Area Chamber of Commerce & Alexander Leigh Center for Autism, Jessica is very involved in McHenry and only wants to see everyone thrive! There are so many businesses near Riverside Dr that could benefit from an establishment like Riverside Lounge for after event stops, overflow/waiting space for diners at the many restaurants, a safe place to socialize after dinner & a place for our many late-night workers that keep this community thriving! Riverside lounge also plans to support other local businesses by selling their products such as beer from McHenry Brewing Co. Lastly, we plan to continue our community involvement by supporting local festivals and hosting events in partnership with other businesses in town. Future Plans for Community Support PAGE 8 47 Walk-up Counter to order food A relaxing outdoor deck coming Spring 2025 Dart Boards Pool Table Arcade Style Games Bo a r d G a m e St a t i o n Tables to play games Bar Gambling Machines 48 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 fifty-one (51) 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 Davis _____ _____ _____ _____ 49 Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 50 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: June 3, 2024 TO: City Council FROM: Deputy Clerk Monte Johnson RE: Riverside Lounge Video Gaming AGENDA ITEM SUMMARY: AJSGroup DBA Riverside Lounge has applied for a Class A liquor license. They are also applying for and requesting a video gaming license for six terminals. RECOMMENDATION: Pending the issuance of a Class A liquor license, a motion to approve a video gaming license to ASJA Group DBA Riverside Lounge, located at 1402 Riverside Drive, and if approved, a motion to pass an Ordinance Amending Section 4-6-8, Subsection A – Number of Licenses, of the McHenry City Code 51 1VIcHenr The annual license term runs May 1 st through April 30th. The annual license fee payable to the City for a licensed private business shall be$1,000 for each video gaming establishment and$1,000 for each video gaming terminal. Fees for non-for-profit establishments shall be$250 per establishment and$250 for each video gaming terminal. ApplicanYs AJSGroup DBA Riverside Lounge Corporate Name* Business Address* 1402 Riverside Dr, McHenry Business Phone#* Email* riversideloungemchenry@gmail.com Terminals Number of video gaming terminals to be operated(maximum 6) 6 Previous App? Have you made an application for a similar license for premises other than described in this location No Yes Previous Info Provide the date,location of premises,and disposition of the previous application. April 2020,Ye Olde Corner Tap,currently operating 3 terminals License Revoked? Has any license previously issued to you by State,Federal,or local authorities been revoked? No Yes Terminal Operator Information The local business is not the terminal operator.The terminal operator is the business that you get your machines from. Name of Operator J& J Amusements Address of Operator Phone#of Operator Operator Email Applicant Signature l. Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. Title Owner Date* 5/ 6/2024 52 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 49. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 3rd day of June, 2024. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Davis _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 53 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: June 3, 2024 City Council Meeting FROM: Cody Sheriff, City Planner RE: Ordinance Annexing a 0.27-acre Tract of Land Commonly Known as 2006 Orchard Beach Road in McHenry County, Illinois ATT: 1. Ordinance Annexing a 0.27-acre Tract of Land Commonly Known as 2006 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 2006 Orchard Beach Road. The Property Owner is requesting annexation in order to connect to the City’s Sanitary Sewer to accommodate the construction of a new single-family residence. Based on lot size, the 0.20-acre property shall be zoned RS-2 Medium Density Single Family Residential District. If the City Council concurs, it is recommended the attached Ordinance Annexing 2006 Orchard Beach Road be approved (Mayor & City Council Vote, Simple Majority). 54 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 0.27-ACRE TRACT OF LAND COMMONLY KNOWN AS 2006 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 Tina M Zipp Trust (Property Owner) requesting annexation of 2006 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-2 Medium 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, 55 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 3rd day of June, 2024. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Davis _____ _____ _____ _____ Mayor Jett _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 56 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 – 2006 Orchard Beach Road 57 58 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 *2006 Orchard Beach Road, McHenry, IL 60050 Property Index Number(s) of Property to be Annexed (if known) 09-25-102-067 Petitioner Information Name of Petitioner *Tina Raap Petitioner Phone Number *8478300105 Petitioner Email Address *tzraap@gmail.com If petitioner's residence address is different than address to be annexed: Address of Petitioner Street, City, State, Zip 3641 Fewflower Court, Elgin, IL 60124 Number of Acres 1/4 acre 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.59 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 05/13/2024 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 2006 Orchard Beach Road Plat of Survey.pdf 36.17KB TaxBill 2023.pdf 87.54KB 60 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: June 3, 2024 City Council Meeting FROM: Cody Sheriff, City Planner RE: Ordinance granting a Conditional Use Permit to allow a Drive-Thru Restaurant at 366 Bank Drive. ATT: 1. Unapproved Planning and Zoning Commission Minutes dated May 15, 2024 2. Ordinance granting a Conditional Use Permit to allow a Drive-Thru Restaurant at 366 Bank Drive. 3. Planning & Zoning Commission Staff Report & Petitioner’s Application Packet AGENDA ITEM SUMMARY: The petitioner, Parkview Plaza LLC., is requesting approval of a Conditional Use Permit to accommodate a future drive-thru restaurant (occupant TBD) located in the southernmost unit of the Parkview Plaza multitenant commercial building located at 366 Bank Drive. The proposed drive-thru would be able to accommodate up to 5 stacking spaces with room for additional overflow drive-thru traffic in the parking lot. PLANNING & ZONING COMMISSION DISCUSSION & RECOMMENDATION: A public hearing for the request was held on May 15, 2024. There were no objectors present from the public. The P&Z Commission discussion was primarily focused on the drive-thru stacking spaces. The Commission agreed with staff’s assessment that any overflow traffic would be restricted to the existing parking lot and unlikely to impact the adjoining property owners. The P&Z Commission unanimously voted to recommend approval. 61 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org If the City Council concurs, it is recommended the attached ordinance granting a Conditional Use Permit to allow a Drive-Thru Restaurant at 366 Bank Drive (City Council vote-simple majority). 62 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 May 15, 2024 File No. Z-2024-11 Petitioner: Park View Plaza LLC Request for a Conditional Use Permit to operate a future Drive-Thru Restaurant at the property located at 366 Bank Drive Chairwoman Rockweiler opened the file at 5:46 p.m. Planner Sheriff stated that all publication requirements have been met. The petitioner is requesting approval of a drive- through for an occupant that is yet to be determined. The property is primarily on a dominant highway commercial area. There is room for five stacking spaces, and additional overflow for stacking would be in the parking lot. Any overflow would not affect other properties or the roadways. Commissioner Gleason asked if this would go behind the building where garbage and dumpsters exist. Planner Sheriff explained that this is where the vehicles would be exiting, and the businesses would have to schedule garbage pickup when the drive-through is not open. It was stated that this is not uncommon for other businesses. The petitioner, Mark Ignas, was sworn in. Commissioner Gleason asked the petitioner if cars would be driving directly in front of the other businesses or going around to the outside. Mr. Ignas explained that a directional sign would be placed at the entrance of the parking lot. Chairwoman Rockweiler opened the public hearing at 5:57 p.m. With no members of the public wishing to speak, the hearing was closed at 5:57 p.m. Commissioner Locke stated that usually in drive-throughs the individuals stacked would have to go somewhere else, but even without knowing the hours of operation, he is not concerned about stacking and has no objections. Commissioners Bremer, Gleason, and Riley all stated that the drive-through appears that it would work and had no objections to the request. A motion was made by Commissioner Gleason and seconded by Commissioner Locke to recommend approval of the Petitioner’s request for a Conditional Use Permit to operate a future drive-thru restaurant subject to the following conditions: 63 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. All development on site shall be in substantial conformance with the submitted plans. 2. The Property Owner shall install yellow pavement striping along the east building perimeter of the principal structure to be approved at the discretion of 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: 5-ayes: Bremer, Locke, Rockweiler, Riley, Gleason. 1-absent: Lehman. Motion Carried. File Z-2024-11 was closed at 5:58 p.m. 64 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 TO ALLOW A DRIVE-THRU RESTAURANT AT THE PROPERTY LOCATED AT 366 BANK DRIVE 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 Park View Plaza LLC., (“PROPERTY OWNER”), requesting approval of a conditional use permit for a drive-thru restaurant at the property located at 366 Bank Drive, 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 May 15, 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 a drive-thru restaurant subject to the following condition(s): 1. All development on site shall be in substantial conformance with the plans attached hereto in “EXHIBIT B”. 2. The PROPERTY OWNER shall install yellow pavement striping along the east building perimeter of the principal structure to be approved at the discretion of the Zoning Administrator. 65 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 Use Permits listed in §11-15-5 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 3rd day of June, 2024. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Davis _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 66 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 A PART OF LOT 1, IN PARK VIEW PLAZA, BEING A SUBDIVISION OF PART OF LOTS 1 AND 2 IN THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 30, 2001 AS DOCUMENT NO. 2001R0090743, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 01 DEGREES 06 MINUTES 15 SECONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE WEST LINE OF SAID LOT 1, 205.96 FEET; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, 39.55 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, THE CHORD OF SAID CURVE BEARS NORTH 44 DEGREES 12 MINUTES 45 SECONDS EAST, A CHORD DISTANCE OF 35.55 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 45 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1, 24.82 FEET; THENCE SOUTH 43 DEGREES 53 MINUTES 20 SECONDS WEST, 43.91 FEET; THENCE SOUTHWESTERLY 199.87 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 6060.00 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 00 DEGREES 51 MINUTES 12 SECONDS WEST, A CHORD DISTANCE OF 199.87 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1; THENCE SOUTH 89 DEGREES 27 MINUTES 02 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 1, 12.23 FEET TO THE POINT OF BEGINNING IN MCHENRY COUNTY, ILLINOIS. SAID PARCEL CONTAINING 4,183 SQUARE FEET (0.096 ACRES) MORE OR LESS. 67 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 Site Plan 68 69 70 71 72 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, Park View Plaza LLC., is requesting approval of a Conditional Use Permit to operate a future drive-thru restaurant (occupant TBD) on the southeast corner unit of Park View Plaza Commercial Subdivision located at 366 Bank Drive. The petitioner desires approval of a conditional use permit to attract a future drive- thru restaurant tenant. 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 73 STAFF 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. Staff does not anticipate the proposed use of the property would impact the surrounding property owners. The primary concern is how the proposed drive-thru will impact the existing commercial tenants located in the multitenant building. The proposed drive-thru plan indicates the petitioner can accommodate up to a maximum of five stacking spaces. Although limited, the site plan therefore meets the City’s minimum requirements for stacking spaces for drive-thru restaurants. Additional space does exist in the parking lot to accommodate additional overflow stacking but at the cost of compromising at least one directional lane of traffic. Overall, staff believes any overflow resulting from a future drive-thru tenant will impose a minor inconvenience as opposed to an actual hardship on the adjoining tenants and would be limited to the site and not the surrounding property owners. FUTURE LAND USE MAP RECOMMENDATION The proposed use of the property for a drive-thru restaurant is in substantial conformance with the Future Land Use Map recommendation for commercial. 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 • 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 would provide an additional opportunity to attract a drive-thru style tenant on the south side of town. • Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect residential or open space uses.” (p. 27) There are no adjoining residential or open space uses that would be impacted by the proposed development. STAFF SUMMARY ANALYSIS • The proposed use of the property for a drive-thru commercial restaurant is in substantial conformance with the future land use map recommendation for commercial. • Staff does not believe the development would generate any adverse impacts on the surrounding commercial properties. The primary concern is the impact of the drive-thru on the existing commercial tenants located within the multitenant building. • The petitioner is proposing a 5-stack commercial drive-thru restaurant which meets the minimum number of stacking spaces. There is additional stacking room for overflow into the parking lot. Staff believes any overflow traffic would cause a minor inconvenience as opposed to an actual hardship on the existing tenants. • Staff is including conditions of approval related to the installation of yellow safety striping in the alley. 74 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 Conditional Use Permit to operate a future drive-thru restaurant subject to the following conditions: 1. All development on site shall be in substantial conformance with the submitted plans. 2. The Property Owner shall install yellow pavement striping along the east building perimeter of the principal structure to be approved at the discretion of the Zoning Administrator. 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. Located off a state highway with direct access located off a minor collector road (Bank Drive) staff believes the existing traffic infrastructure and site layout is appropriate to accommodate the proposed use of the property. 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 existing character of the area is primarily commercial land use. Staff does not anticipate that approval of the request would be out of character with the other highway commercial uses. 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. Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice. 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 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: June 3, 2024 City Council Meeting FROM: Cody Sheriff, City Planner RE: Ordinance granting a Use Variance to allow a Model Home/Leasing Office for the property at 5000 Key Lane ATT: 1. Unapproved Planning and Zoning Commission Minutes dated May 15, 2024 2. Ordinance granting a Use Variance to allow a Model Home/Leasing Office for the property at 5000 Key Lane. 3. Planning & Zoning Commission Staff Report & Petitioner’s Application Packet AGENDA ITEM SUMMARY: The petitioner, Cunat Inc., is requesting approval of a Use Variance to allow a Model Home/Leasing Office at 5000 Key Lane. Currently located in the owner-occupied section of Patriot Estates Subdivision on the southeast corner of Lexington Street and Cunat Drive, the existing model home/leasing office services the renter-occupied townhome section of Patriot Estates. The petitioner is proposing relocate the model home/leasing office to the corner end unit of the 4-unit townhome located in the renter-occupied section on the northwest corner of Key Lane and Cunat Drive. PLANNING & ZONING COMMISSION DISCUSSION & RECOMMENDATION: A public hearing for the request was held on May 15, 2024. There were no objectors present from the public. The P&Z Commission was largely in agreement that the new location is more appropriate to service the renter-occupied section as opposed to the existing location in the owner-occupied section of Patriot Estates. The P&Z Commission unanimously voted to recommend approval. 95 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org If the City Council concurs, it is recommended the attached ordinance granting a Use Variance to allow a Model Home/Leasing Office for the property at 5000 Key Lane be approved (City Council vote-simple majority). 96 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 May 15, 2024 File No. Z-2024-10 Petitioner: Cunat Exchange III, DST Request for a Use Variation to operate a model home/leasing office at the property located at 5000 Key Lane Chairwoman Rockweiler opened the file at 5:39 p.m. Planner Sheriff stated that all publication requirements have been met. Brian Cunat was sworn in by Chairwoman Rockweiler. Planner Sheriff explained that the petitioner is under ownership of the current subdivision Patriot Estates, which is operating as a rental development. The current leasing office is southern section of the subdivision with duplexes. They would like to move the leasing office to 5000 Key Lane, which requires a use variance. This will make the leasing office several blocks from the duplex units and in the center of the townhome section. There is plenty of parking and the street in front of this unit is private. This will allow traffic to not block the street and will be handicap accessible. Chairwoman Rockweiler opened the public hearing at 5:45 p.m. With no members of the public wishing to speak, she closed the public hearing at 5:45 p.m. All commission members agreed that this request makes sense, is logical and straightforward, and no members had an issue with the request. A motion was made by Commissioner Locke and seconded by Commissioner Riley to recommend approval of the Petitioner’s request for a Use Variation to allow a model home/leasing office at the property located at 5000 Key Lane, 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: 5-ayes: Bremer, Locke, Rockweiler, Riley, Gleason. 1-absent: Lehman. Motion Carried. File Z-2024-10 was closed at 5:46 p.m. 97 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 A MODEL HOME/LEASING OFFICE AT THE PROPERTY LOCATED AT 5000 KEY LANE 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 Cunat Exchange III, DST. (“PROPERTY OWNER”), requesting approval of a use variance to allow a model home/leasing office at the property located at 5000 Key Lane, 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 May 15, 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 Use Variance (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 operate a model home/leasing office. 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. 98 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 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 3rd day of June, 2024. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Davis _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 99 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 NON-EASEMENT AREA 39 OF THE PATRIOT ESTATES PLAT OF SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 4, AND THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS. 100 101 102 103 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 property owner, Cunat Exchange III, DST., is requesting the following zoning approval(s) to operate a model home/leasing office at 5000 Key Lane: 1. Request for a Use Variation to operate a model home/leasing office. The subject property is part of the Patriot Estates Subdivision plated in 2007. The covenants and restrictions originally identified the subdivision as an owner-occupied, condominium development. Since that time, the property owner has purchased all remaining units and operates the subdivision as a rental establishment. Due the nature of operations, the petitioner desires to maintain a leasing office/model home in one of the corner units located at 5000 Key Lane. As such, the principal use of the end unit would be professional office space and therefore, a Use Variation is required to allow an office/model home on the property. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance STAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is currently zoned RM-2 High Density Multifamily Residential District. The surrounding townhome multifamily properties are also owned by the petitioner. Staff believes the location of the proposed model home/leasing office on the corner end unit would be the least impactful. Staff does not anticipate the proposed use would negatively impact the adjoining unit. FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map identifies this property as Medium Density Residential. Staff believes the development is somewhat consistent with the future land use map recommendation because the use services the existing residential. 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 104 • 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 as a model home/leasing office is appropriate given that the use is a subsidiary use to service the existing residential development. • Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect residential or open space uses.” (p. 27) Staff believes the use of the property as a model home/leasing office will pose a small impact to the adjoining residential area. The use of the subject property is in service of the existing development and is therefore ancillary to the principal use. STAFF SUMMARY ANALYSIS • Staff believes the proposed use of the property is in substantial conformance with the future land use map recommendation for medium-density residential given that the use of the unit as a model home/leasing office is ancillary and in support of the principal use of the development as a rental, attached residential development. • Staff believes the location of the proposed model home/leasing office on the end unit of a corner lot is the least impactful to the entire residential development. Staff does not anticipate any adverse impacts on the adjoining residential units. 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 a model home/leasing office at the property located at 5000 Key Lane. 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 as a leasing office/model home is appropriate given the circumstances that the property being part of a rental development. Staff believes that denial of the request would generate a practical difficulty in servicing the residents of the units. 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 believes the request to operate a model home/leasing office this is under a special circumstance as it relates to the Subdivision being converted to a rental development and is therefore a unique circumstance. 105 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. The surrounding area consists of rental townhomes which the proposed use would service. 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 residential development and not altering local character. Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice. 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 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: June 3, 2024 City Council Meeting FROM: Cody Sheriff, City Planner RE: Ordinance granting a Zoning Map Amendment to RS-4 High Density Single- Family Residential District for the property located at 3707 Waukegan Road ATT: 1. Unapproved Planning and Zoning Commission Minutes dated May 15, 2024 2. Ordinance granting a Zoning Map Amendment to RS-4 High Density Single Family Residential District for the property located at 3707 Waukegan Road. 3. Planning & Zoning Commission Staff Report & Petitioner’s Application Packet AGENDA ITEM SUMMARY: The petitioner, Neil L Calanca, is requesting approval of a Zoning Map Amendment from RA-1 Attached Residential District to RS-4 High Density Single-Family Residential District for the property located at 3707 Waukegan Road. The petitioner desires to subdivide the lot in order to accommodate a future single-family residence on the western half of the property. The subject property is currently surrounded primarily by single-family residential land use with a mix of RA-1 Attached Residential and RS-4 High Density Single-Family Residential District Zoning. PLANNING & ZONING COMMISSION DISCUSSION & RECOMMENDATION: A public hearing for the request was held on May 15, 2024. There was one objector present at the hearing that explained he was worried that the lot was too small and would cause too much traffic. However, staff explained the current zoning allows for a second residential unit and the future construction of a single-family residence would have to comply with the Zoning Ordinance setback requirements of the RS-4 High Density Single Family Residential District. The P&Z Commission agreed that the proposed zoning map amendment was in character with the existing mix of RA-1 Attached Residential and RS-4 High Density Single-Family Residential 126 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org zoning. The Commission also agreed with staff’s assessment and unanimously voted to recommend approval. If the City Council concurs, it is recommended the attached ordinance granting a Zoning Map Amendment to RS-4 High Density Single Family Residential District for the property located at 3707 Waukegan Road be approved (City Council vote-simple majority). 127 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 May 15, 2024 File No. Z-2024-02 Petitioner: Neil L Calanca Request for a Zoning Map Amendment from RA-1 Attached Residential District to RS-4 High Density Single-Family Residential District for the property located at 3707 Waukegan Road Street Chairwoman Rockweiler opened the file at 5:32 p.m. Planner Sheriff stated that all publication requirements have been met. Mr. Calanca was sworn in by Chairwoman Rockweiler. He stated that he would like to rezone the property to single-family and create a new lot to build a new single-family home. This would meet the exception to the subdivision rules, and once subdivided, the second home could be built. Chairwoman Rockweiler opened the public hearing at 5:34 p.m. Mike Zalinger was sworn in. He asked the petitioner if he was wanting to put a new house on the side, and if it would also be a single-family home. Mr. Calanca stated that was the plan. Mr. Zalinger explained that he was worried that the lot is too small for another house, and that this would cause too much traffic. Chairwoman Rockweiler closed the public hearing at 5:36 p.m. Mr. Calanca responded that he understands the concerns, but having only another single-family home would have less traffic than if he had a multi-family home. Planner Sheriff explained that the zoning ordinance requires 9,000 square feet, and that the petitioner would need to meet all setback requirements to build. All requirements for building would have to meet the standards of our ordinances. Commissioner Locke had no objection to the request. Commissioner Gleason asked if the current home is single-family, and Planner Sherrif stated that it was. The empty yard to the left (west) is where the new home would go. Commissioner Bremer has no issues with the request since the new home would have to meet our requirements. Commissioner Gleason has no issues with the single-family residence. Commissioner Riley stated that he has no issues with the request since it would have to meet our setbacks and follow the ordinances. 128 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org A motion was made by Commissioner Gleason and seconded by Commissioner Riley to recommend approval of the petitioner’s request for a Zoning Map Amendment from RA-1 Attached Residential District to RS-4 High-Density Single-Family Residential District for the property located at 3707 Waukegan Road, and by making said motion, I agree that the approval criteria for Zoning Map Amendments have been met as outlined in the staff report. Roll Call Vote: 5-ayes: Bremer, Locke, Rockweiler, Riley, Gleason. 1-absent: Lehman. Motion Carried. File Z-2024-02 was closed at 5:39 p.m. 129 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 ZONING MAP AMENDMENT TO RS-4 HIGH DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT FOR THE PROPERTY LCOATED AT 3707 WAUKEGAN 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 Neil L Calanca. (“PROPERTY OWNER”), requesting approval of a Zoning Map Amendment to RS-4 High Density Single Family Residential District for the property located at 3707 Waukegan Road and 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 May 15, 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 Map Amendment (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 Zoning Map Amendment from RA-1 Attached Residential District to RS-4 High Density Single-Family Residential District. SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the approval criteria for Zoning Amendments listed in §11-5-5 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. 130 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 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 3rd day of June, 2024. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Davis _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 131 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 THAT PART OF LOT FOUR (4) OF BLOCK ONE (1) OF THE ORIGINAL PLAT OF WEST MCHENRY, RECORDED IN BOOK 24 OF DEEDS ON PAGE 22, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY LINE OF SAID BLOCK ONE (1) AT A POINT 51.41 FEET EASTERLY FROM THE MOST NORTHERLY CORNER THEREOF; THENCE SOUTHEASTERLY ALONG THE NORTHERLY LINE THEREOF, A DISTANCE OF 100.19 FEET TO A POINT; THENCE SOUTHERLY BEING ON A LINE FORMING AN ANGLE OF 93 DEGREES 34 MINUTES TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED LINE, A DISTANCE OF 128.0 FEET TO A POINT; THENCE WESTERLY ON A LINE FORMING AN ANGLE OF 84 DEGREES 39 MINUTES TO THE RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED LINE, A DISTANCE OF 100.44 FEET TO A POINT; THENCE NORTHERLY ON A LINE FORMING AN ANGLE OF 95 DEGREE 21 MINUTES TO THE RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED LINE, A DISTANCE OF 131 FEET TO THE PLACE OF BEGINNING. SAID SUBDIVISION BEING SITUATED IN THE SOUTHWEST QUARTER OF SECTION 26 AND IN THE NORTHWEST QUARTER OF SECTION 35 IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 14, 1859 IN BOOK 24 OF DEEDS, PAGE 22, MCHENRY COUNTY, ILLINOIS. 132 133 134 135 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 property owner, Neil L Calanca, is requesting approval of a Zoning Map Amendment from RA-1 Attached Residential District to RS-4 High Density Single-Family Residential in order to allow a 2-lot subdivision and construction of a future single-family residence on the newly created lot (western most half of existing) for the property located at 3707 Waukegan Road. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Zoning Map Amendments, listed in §11-5-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is currently zoned RA-1 Attached Residential District with a single-family residence. The surrounding land use and zoning is a mixture of RS-4 High Density Single Family Residential and RA-1 Attached Residential with a mix of single-family and duplex land use. Staff does not anticipate the rezoning of the property would be out of character or in conflict with the existing neighborhood. FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map identifies this property as Medium Density Residential. Staff believes the development is consistent with the Future Land Use Map Recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. 136 View full list of City Plans at www.cityofmchenry.org/planningdocuments • 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 that rezoning of the lot would allow for increased access to housing near the downtown and therefore promote a higher quality of life to residents. STAFF SUMMARY ANALYSIS • Staff believes the petitioner’s request to rezone the property to RS-4 High Density-Single Family Residential District would not compromise the character of the neighborhood. • Other property adjacent and near to the subject property are zoned RS-4 and therefore staff believes the request matches the trend in the area. 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 Zoning Map Amendment from RA-1 Attached Residential District to RS-4 High-Density Single-Family Residential District for the property located at 3707 Waukegan Road. AND By making said motion, you agree that the approval criteria for Zoning Map Amendments have been met as outlined in the staff report. ZONING MAP AMENDMENT APPROVAL CRITERIA (§11-5-5). Staff comments italicized below. A. Compatible With Use Or Zoning of Environs. The surrounding zoning primarily consists of RA-1 Attached Residential and RS-4 High Density Single Family Residential. Therefore, staff believes the petitioner’s request to rezone the property to RS-4 High Density Single-Family Residential would be consistent with the surrounding land use and zoning. B. Supported by Trend of Development Staff believes the proposed request is consistent with the trend in RS-4 High Density Single-Family Residential Zoning in the area. C. Consistent with Comprehensive Plan Objectives. Staff believes the request is consistent with the objective of promoting housing near the Downtown. The site is located within walking distances of the Green Street and Main Street subareas. Approval of the request would be consistent with supporting additional density near the downtown. D. Furthers Public Interest Staff believes the request furthers the public interest by promoting additional housing near the Downtown. Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice. 137 Public Hearing Application Packet Page 5 of 22 File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à Fax: (815) 363-2173 1. Name of Applicant Tel Address Fax Email ____________________________________________________________________________ 2. Name of Property Owner Tel (If other than Applicant) Address Fax Email ____________________________________________________________________________ 3. Name of Engineer Tel (If represented) Address Fax Email____________________________________________________________________________ 4. Name of Attorney Tel (If represented) Address Fax Email_____________________________________________________________________________ 5. Common Address or Location of Property 6. PIN#(s) __________________________________________________________________________ 7. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) Zoning Variance – Minor (Residential) Conditional Use Permit Zoning Text Amendment Zoning Variance (Non-residential) Use Variance ___ Planned Unit Development ___ Subdivision/Plat Development FORM A NEIL L.CALANCA 847-651-3518 18753 West Casey Road 847-249-7575 neilcalanca@yahoo.com Same as above NEIL L. CALANCA 847-249-7500 314 West Clayton Street Waukegan, Il 60085 847-249-7500 neilcalanca@yahoo.com 3707 West Waukegan Rd McHenry, IL 09-26-382-002 ✔ 138 Public Hearing Application Packet Page 6 of 22 NARRATIVE Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested. The narrative description may also be included as a separate attachment. The property in question sits on a lot 100 feet by 100 feet. From my understanding the minimum lot size to buile is 100 feet by 50 feet. The other homes on this street have similar lot sizes. The home sits on one lot. The vacant lot west of it could easily be subdivided (to conform to your code) to 100 feet by 50 feet. I am simply asking to rezone this lot so I can eventually build a new home the the property. 139 Public Hearing Application Packet Page 7 of 22 8. Current Use of Property 9. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning Map) 10. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map) North: South: East: West: 11. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee (amount) $ 2. Narrative Description of Request 3. FORM A – Public Hearing Application 4. FORM B – Zoning Map Amendment (Rezoning) Application 5. FORM C – Conditional Use Application 6. FORM D – Zoning Variance Application 7. FORM E – Use Variance Application 8. FORM F – Planned Unit Development Application 9. FORM G – Subdivision/Plat Development Application 10. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 11. Plat of Survey with Legal Description 12. List of Owners of all Adjoining Properties 13. Public Hearing Notice 14. Sign (Provided by the City) 15. Site Plan 16. Landscape Plan 17. Architectural Rendering of Building Elevations 18. Performance Standards Certification 19. Traffic Analysis 20. School Impact Analysis Single family home. RA-1 Attached Residential District RA-1 Attached Residential District RS 4 High Density Single Family Residential District RA-1 Attached Residential District RA-1 Attached Residential DistrictR 4 950.00✔ ✔ ✔ ✔ 140 Public Hearing Application Packet Page 8 of 22 12. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation’s officers, directors, and registered agents, or the partnership’s general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 13. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) NEIL L. CALANCA 141 Public Hearing Application Packet Page 10 of 22 FORM B File Number ZONING MAP AMENDMENT (REZONING) Planning and Zoning Commission City of McHenry 333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à Fax: (815) 363-2173 §11-5-5 of the City of McHenry Zoning Ordinance provides that in recommending approval of a Zoning Map Amendment (Rezoning), the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Compatible with Use or Zoning of Environs The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs. 2. Supported by Trend of Development The trend of development in the general area since the original zoning of the affected property was established supports the proposed use(s) or zoning classification. 3. Consistent with Comprehensive Plan Objectives The proposed use(s) or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. 4. Furthers Public Interest The proposed use(s) or zoning classification promotes the public interest and not solely the interest of the applicant. Yes, there are many homes on this street/in this subdivision which are single family. It appears to me that the trend in this area supports single family homes. I believe this classication will be harmonious with the entire area. It is my belief that the public interest will be best served in a single family residence, preserving the integrity of the neighborhood, and the City Of McHenry. 142 Office of Finance & Accounting Carolyn Lynch, Director McHenry Municipal Center 333 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. REGULAR AGENDA DATE: June 3, 2024 TO: Mayor and City Council FROM: Carolyn Lynch, Finance Director RE: Community Solar Agreement ATT: Tradition Energy Community Solar Presentation Arcadia IL ComEd Agreement ______________________________________________________________________________ AGENDA ITEM SUMMARY: Council is being asked to consider the attached Community Solar Subscription Agreement with Arcadia. BACKGROUND: The Illinois Community Solar Program allows electricity customers to enjoy the benefits of solar energy without installing solar panels. Through community solar, the City can purchase a portion of the electricity produced by a solar installation (called a community solar garden) and in return receive credits on electric bills. The City has used Tradition Energy for energy procurement since 2019, and Tradition Energy brought this program forward as an opportunity to save on electric bills. Tradition Energy is the exclusive energy advisor for the cooperative purchasing consortium U.S. Communities and is therefore able to assist communities with energy projects without going through formal bid requirements. ANALYSIS: The attached agreement with Arcadia is a 20-year agreement that will provide a 10% savings on most of the City’s electric bills. Tradition Energy analyzed all of the City’s electric accounts and determined this program will result in approximately $40,000 in annual savings. The discount will only be applied to delivery charges for the Wastewater Treatment Plant at 3200 W Charles Miller Road due to its larger rate class and the inability to complete consolidated billing. There will be no change to how the City receives electricity; the credits will simply be applied during 143 billing. Also note that the current procurement agreements the City has in place are still valid, and this program does not prevent the City from entering into future procurement agreements. Attorney McArdle has reviewed the agreement and confirmed that the City has sufficient ability to cancel the contract if needed. Per the agreement, the City can transfer this program to another agency with the assistance of Tradition Energy if the City needed to cancel (for example an account needed to be removed). After the first 5 years, there is no penalty for cancellation and there are renewal options in the agreement as well. There is an early cancellation fee if terminated before year 5, but the savings received from the program would more than cover this fee as long as the City stays with the program for 4 years. If council agrees to this program, savings will begin in 2025. Arcadia was established in 2014 and is the largest Community Solar manager in the United States. Tradition Energy has worked with Arcadia on Community Solar programs for the McHenry Township Fire Protection District and Southern Illinois University. Staff spoke with the Fire Protection District and was provided a positive reference. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to approve the ordinance authorizing the Mayor’s execution of the attached Community Solar Subscription Agreement between the City of McHenry and Arcadia. 144 January 2024 Community Solar 145 2 1 2 3 Community Solar programs are state-funded programs with limited available capacity that incentivize the development of clean, safe renewable electricity generation. 1.Solar power is generated and delivered to the utility grid. 2.Receive electricity from the grid as you always do – either through the utility or through a third-party supplier. 3.Receive a 5-10% utility bill credit for 10-25 years for participating in Community Solar, reducing your total energy spend. Zero Disruption 9 No change to how you receive electricity or your electricity supply agreements 9 No solar installation on your property 9 Easy to add and remove accounts as necessary Low Risk 9 $0 investment required 9 Agreement can be assigned to a new organization 9 Incorporates with bill pay services 9 Long term cost stability 146 3 Supports Local Sustainability 9 Help fund the development of renewable solar electricity generation within the community 9 This enables small- to mid-size customers participate in solar energy Supports ESG Initiatives 9 Local economic benefits can be included in corporate ESG reports 9 Community Solar programs support several United Nations Sustainable Development Goals Green Claims 9 Receive associated Renewable Energy Certificates (RECs) for participating in CA and OR 9 In other states, project RECs can be received in lieu of higher discount 9 Achieved savings can be used to purchase RECs, implement energy efficiency projects, and fund future renewable energy generation projects 9 Participate in sustainable energy while saving money 147 4 Electric Utility Invoice Invoice Date:June 10, 2023 Customer:ACME Co Account:123-4567-8910 Service Period:May 1, 2023 to May 31, 2023 ACCOUNT BALANCE Delivery Charges: 3,000.00 Supply Charges: 2,000.00 Credits/Adjustments: -500.00 Total Due: $4,500.00 Other Charges/Credits/Adjustments CS Credit—Applied to this Bill -5,000.00 CS Subscription Fee (10% discount) 4,500.00 Total Other Charges/Credits/Adjustments -$500.00 Credits are only applied to energy spend on the utility bill. Supply costs on a separate invoice are not eligible. 148 5 CS Partner: Arcadia Discount: 10% off utility bill Year 1 savings: ~$40,000 Lifetime savings: ~$800,000 Contract term: 20 years 9 Plus renewal options 9 No ETF after 10 years Credits will start: ~Q3 2024 Investment: $0 $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 Community Solar Break Even Analysis ETF Cumulative Savings 149 6 ETF 0.03 Term Annual kWh One time ETF Total Utility Spend Savings Cumilative Savings Break Year ETF Cumulative Savings $/kWH 0.09221 Jan-24 4,250,000 127,500$ 391,893$ 39,189$ 39,189$ Jan-24 127,500$ 39,189$ Savings %10% Jan-25 4,250,000 391,893$ 39,189$ 78,379$ Jan-25 127,500$ 78,379$ Jan-26 4,250,000 391,893$ 39,189$ 117,568$ Jan-26 127,500$ 117,568$ Jan-27 4,250,000 391,893$ 39,189$ 156,757$ Jan-27 127,500$ 156,757$ Jan-28 4,250,000 391,893$ 39,189$ 195,946$ Jan-28 127,500$ 195,946$ Jan-29 4,250,000 391,893$ 39,189$ 235,136$ Jan-29 127,500$ 235,136$ Jan-30 4,250,000 391,893$ 39,189$ 274,325$ Jan-30 127,500$ 274,325$ Jan-31 4,250,000 391,893$ 39,189$ 313,514$ Jan-31 127,500$ 313,514$ Jan-32 4,250,000 391,893$ 39,189$ 352,703$ Jan-32 127,500$ 352,703$ Jan-33 4,250,000 391,893$ 39,189$ 391,893$ Jan-33 127,500$ 391,893$ Jan-34 4,250,000 391,893$ 39,189$ 431,082$ Jan-34 -$ 431,082$ Jan-35 4,250,000 391,893$ 39,189$ 470,271$ Jan-35 -$ 470,271$ Jan-36 4,250,000 391,893$ 39,189$ 509,460$ Jan-36 -$ 509,460$ Jan-37 4,250,000 391,893$ 39,189$ 548,650$ Jan-37 -$ 548,650$ Jan-38 4,250,000 391,893$ 39,189$ 587,839$ Jan-38 -$ 587,839$ Jan-39 4,250,000 391,893$ 39,189$ 627,028$ Jan-39 -$ 627,028$ Jan-40 4,250,000 391,893$ 39,189$ 666,217$ Jan-40 -$ 666,217$ Jan-41 4,250,000 391,893$ 39,189$ 705,407$ Jan-41 -$ 705,407$ Jan-42 4,250,000 391,893$ 39,189$ 744,596$ Jan-42 -$ 744,596$ Jan-43 4,250,000 391,893$ 39,189$ 783,785$ Jan-43 -$ 783,785$ Jan-44 4,250,000 391,893$ 39,189$ 822,974$ Jan-44 -$ 822,974$ 150 7 Although the information contained herein is from sources believed to be reliable, TFS Energy Solutions, LLC and/or any of its members, affiliates, and subsidiaries (collectively “TFS”) makes no warranty or representation that such information is correct and is not responsible for errors, omissions or misstatements of any kind. All information is provided “as is” and on an “as available” basis and TFS disclaims all express and implied warranties related to such information and does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of any of the information. The information contained herein, including any pricing, is for informational purposes only, can be changed at any time, should be independently evaluated, and is not a binding offer to provide electricity, natural gas and related services. The parties agree that TFS’s sole function with respect to any transaction is the introduction of the parties and that each party is responsible for evaluating the merits of the transaction and credit worthiness of the other. TFS assumes no responsibility for the performance of any transaction or the financial condition of any party. TFS accepts no liability for any direct, indirect or other consequential loss arising out of any use of the information contained herein or any inaccuracy, error or omission in any of its content. This document is the property of, and is proprietary to, TFS Energy Solutions, LLC and/or any of its members, affiliates, and subsidiaries (collectively “TFS”) and is identified as “confidential.” Those parties to whom it is distributed shall exercise the same degree of custody and care afforded their own such information. TFS makes no claims concerning the validity of the information provided herein and will not be held liable for any use of this information. The information provided herein may be displayed and printed for your internal use only and may not reproduced, retransmitted, distributed, disseminated, sold, published, broadcast or circulated to anyone without the express written consent of TFS. Copyright © 2023 TFS Energy Solutions, LLC d/b/a Tradition Energy 9 Limited program capacity 9 Confirm signatory process 9 Contracting takes 2-4 weeks 151 Client •Southern Illinois University - Edwardsville Market •Illinois, Ameren Utility Industry •Higher Education Scope of Service •Market Research & Intelligence •Energy Rick Management •Sustainability: •Community Solar OPPORTUNITY 9 SIUE, home to a student body of over 12,500, is situated on 2,660 acres of beautiful woodland. 9 SIUE sought Tradition's guidance to develop an energy management strategy, starting with participation in Illinois' Community Solar Program. ANALYSIS 9 Following the SIUE energy team's education about the Program and the opportunity, Tradition con- ducted an assessment of the campus' energy usage. During this assessment, Tradition identified multiple accounts eligible for Illinois' Community Solar program. 9 Tradition collaborated with its network of community solar developers to pinpoint the perfect match for SIUE's energy demands and contractual prerequisites, considering its status as a government entity. RESULTS 9 Participating in Illinois' Community Solar program enabled SIUE to save $1.5 million over the next 10 years while supporting Ameren's, the local utility, renewable initiatives. 9 The purchase will also reduce Ameren's greenhouse gas emissions by ~5,200 metric tons of carbon dioxide 9 The selected community solar developer sourced 7.69 MW of capacity across four projects in the Ameren utility territory. This capacity will generate more than 12,000,000 kWh of solar power annually 9 Tradition is working on additional energy projects with SIUE, allowing the University to work towards achieving energy independence and helping it reduce its carbon footprint 8 152 COMMERCIAL SUBSCRIPTION AGREEMENT ILLINOIS COMMUNITY SOLAR PROGRAM Thank you for supporting community solar energy in Illinois! The attached Community Solar Subscription Agreement provides you with a simple way to save money by supporting a local community solar project. There will be no change in the quality or reliability of your utility electricity service, and no installation is required at your property.1 Summary of key details: • You will receive Credits for solar electricity production that serve to reduce your electricity bill. You will pay Arcadia for these Credits at a discounted rate. For each dollar in Credits that you receive (or the equivalent if kWh credits are provided), you will pay Arcadia no more than 90% of the value of such Credits, and you will retain no less than 10% in savings. For example, if you receive $100.00 in Credits and your total utility electric charges before the application of the Credits is $150.00, then you will retain 10% of the $100.00 ($10.00) in Subscription Savings for the given month ($150.00 - $10.00 = $140.00). • There will be no change in the quality or reliability of your utility electricity service, no additional utility charges are included in this Agreement, and no installation is required at your property. • Arcadia is not affiliated with, endorsed by, or otherwise acting on behalf of, any utility, any consumer group, or any governmental body.2 Arcadia’s community solar activities are not subject to the same regulation and oversight as a public utility.3 Once again, thanks for supporting your community’s smart and sustainable environmental programs. We are thrilled to have you as a community solar subscriber and look forward to providing you with savings and an excellent renewable energy customer experience. Sincerely, Arcadia Customer Support https://support.arcadia.com/hc/en-us support@arcadia.com 866-526-0083 1 By participating in this Program, you are supporting renewable energy development but are not purchasing renewable energy. The energy generated by the project does not go directly to your premises, but instead is fed into the power grid. 2 The Illinois Shines/Adjustable Block Program is a state-administered solar incentive program developed and managed by the Illinois Power Agency (“IPA”) and administered through its third-party Program Administrator, InClime, Inc. For more information, visit https://illinoisabp.com/about, www.illinoisshines.com and https://illinoisabp.com/wp-content/uploads/2021/01/ABP-CS-Brochure-English-18-NOV-2020.pdf. 3 Arcadia Power is an Approved Vendor Designee under the Illinois Shines/Adjustable Block Program (D2764, D2765, D2766, D3119). For more information, call (877) 783-1820 and/or visit https://illinoisabp.com/find-a-designee. 153 1 COMMUNITY SOLAR SUBSCRIPTION AGREEMENT This Community Solar Subscription Agreement (the “Agreement”) is entered into by and between the Subscriber first identified below on the electronic signature page (the “Subscriber”), and the System project owner also first identified below on the electronic signature page (the “Owner”), and is effective as of the latter date signed by both the Subscriber and the Owner (the “Effective Date”). The Subscriber and Owner may be referred to in this Agreement by name or as a “Party” or collectively as the “Parties” as the context provides and requires. Pursuant to this Agreement the Subscriber shall receive Community Solar Credits correlating to a calculated percentage of the production of a remotely located solar photovoltaic system project (i.e., a community solar farm) participating in the State of Illinois Adjustable Block “Program” (the “System”). Refer to Exhibit 2 for additional System specific information. For additional Program information visit https://illinoisshines.com/solar-info/. 1. Community Solar Credits. This Agreement is for a subscription to a calculated percentage (%) of the energy generated by the System (the “Subscription”), through which volumetric (per kWh) or monetary (dollar value) renewable energy bill credits will be produced and provided to Subscriber that can be used to reduce/offset Subscriber’s electricity utility account bill (“Community Solar Credits” or “Credits”). The category of Credits provided and received via the Subscription (i.e., kWh or monetary) may depend upon several factors including the utility involved, location, and/or classification of the Subscriber (e.g., residential v. commercial). Credits can be applied against the total amount due on Subscriber’s metered electricity utility account bill (“electric bill”). a. For the Credits received on Subscriber’s electric bill via the Subscription, with respect to each of the metered accounts listed on Exhibit 1, Subscriber will pay Owner no more than 90% of the monetary value of such Credits (“Subscription Payment”), and in return, Subscriber shall retain no less than 10% of the monetary value of such Credits (“Subscription Savings”). For example, if Subscriber receives $100.00 in Credits and Subscriber’s total utility electric bill before the application of the Credits is $150.00, then Subscriber will retain 10% of the $100.00 ($10.00) in Subscription Savings for the given month ($150.00 - $10.00 = $140.00). b. The number of Credits Subscriber will receive will vary based on the amount of energy produced by the System in any given month. c. Owner does not guarantee any minimum/maximum System production to Subscriber. d. Subscriber understands that Owner cannot guarantee whether the value of Credits provided by the utility will increase or decrease and, if it does, by how much. e. Whether the number/value of Credits increases or decreases, any such change will not affect the minimum percentage value of the Subscription Savings which is guaranteed (i.e., 10%). f. An estimate of the Subscription Payment is attached hereto as Exhibit 3. The estimated monetary value of Credits is typically calculated by reducing the published utility electricity default/retail supply rate, inclusive of supply and delivery charges, by the Subscription Payment. g. Owner makes no representations or warranties concerning the tax implications of any Credits provided to Subscriber. h. Subscriber will not receive any Credits until after the System begins generating power. i. The Subscription Payment does not include electric utility charges. j. Additional System and Subscription details are located within the Program Disclosure Form provided to Subscriber contemporaneously with this Agreement. k. Additional Program details and Disclosure Form example: https://illinoisshines.com/program-resources/. 2. Term; Cancellation; Transfer; Exclusivity. The Subscription will commence as of the Effective Date and continue for an “Initial Term” of twenty (20) consecutive years from the Effective Date, subject to annual budget approval by the City Council of the Subscriber, the City of McHenry. During the Initial Term, after the fourth (4th) anniversary of the date Credits first accumulate/appear on Subscriber’s electricity bill (the “Allocation Date”), Subscriber may terminate this Agreement with no fee/penalty by providing Owner with at least three hundred and sixty-five (365) days’ advance written notice of Subscriber’s early termination. Following the Initial Term, this Agreement will automatically renew for five (5) consecutive one (1) year terms (each a “Renewal Term”). The Initial Term and any Renewal Terms hereunder may be singularly and/or collectively referred to herein as the “Term.” Prior to the commencement of any Renewal Term, Subscriber may terminate this Agreement with no fee by providing Owner with at least ninety (90) days’ advance written notice of non- renewal. During the Term Owner may terminate this Agreement at any time by providing at least thirty (30) days’ advance written notice to Subscriber. Any such advance written notice by Owner shall specify the date as of which Credits will no longer be allocated to Subscriber and such date shall serve as the effective date of Owner’s termination of this Agreement. a. If Subscriber’s electric utility or alternative retail electric supplier (“ARES”) imposes additional charges upon Subscriber purportedly levied to offset costs associated with the provision of Credits to Subscriber, and if such additional charges effectively lower the Subscription 154 2 Savings below the guaranteed percentage rate, and if Owner declines to compensate or reimburse Subscriber for such additional charges, then Subscriber may terminate this Agreement with no fee/penalty by providing at least ninety (90) days’ advance written notice to Owner. b. During the Term Owner shall be Subscriber’s exclusive provider of Community Solar Credits with respect to each of the metered accounts listed on Exhibit 1. Accordingly, Subscriber agrees that if Subscriber Defaults (as defined in Section 6) prior to the conclusion of the Term, then Subscriber will not enter into any form of agreement to receive Community Solar Credits, for any of the metered accounts listed on Exhibit 1, via any third-party provider for the then remaining balance of the Term as calculated from the effective date of such Default (the “Exclusivity Period”). If Subscriber violates the exclusivity terms of this Agreement, then Subscriber shall be liable to Owner for monetary damages in an amount equal to Subscriber’s historical average monthly invoiced Subscription Payment multiplied by the number of months remaining in the balance of the Exclusivity Period calculated from the date of violation with pro-rated credit given to Subscriber for the number of days/months Subscriber adhered to the exclusivity terms during the Exclusivity Period. The exclusivity obligations in this Section are material and Subscriber agrees and understands that such obligations shall survive the termination of this Agreement for the stated period. c. Subscriber may retain and transfer the Subscription to another metered electricity account with no fee (or at least a downsized version of the Subscription relative to the Subscriber’s new Subscription size) if the Subscriber changes address for utility service within the same utility service territory, provided Owner determines in its sole discretion that such address is eligible to receive Credits from the System. d. Following the receipt of a notice of early termination or non-renewal from Subscriber, Owner will direct the applicable electric utility to cease allocating Credits to Subscriber’s account(s) via the System. Utilities can take up to ninety (90) days to process such cancellation requests. Accordingly, until Owner notifies Subscriber in writing that a requested termination has been processed by the applicable utility, Subscriber is required to continue paying for the Credits that Subscriber receives for up to ninety (90) days from the date of Owner’s receipt of the corresponding written notice. e. Following the receipt of a notice of early termination from Owner, Subscriber’s Section 2(a) exclusivity obligations shall terminate, and Subscriber may seek to receive Community Solar Credits via another provider. Under such circumstances, Subscriber will still be required to continue paying for any Credits that Subscriber may receive via this Subscription for up to ninety (90) days from the date of Subscriber’s receipt of Owner’s notice of early termination. 3. Subscription Size; Reallocation. Subscriber’s initial Subscription percentage size will be calculated by Owner to generate Credits with respect to each of the metered accounts listed on Exhibit 1 and the amount of such Credits shall be no greater than Subscriber’s estimated annual electricity cost for such metered account(s). Owner may adjust Subscriber’s Subscription size for each metered account at any time without notice, subject to the limitations described herein with respect to Subscriber’s estimated annual electricity cost. Owner may reallocate Subscriber’s Subscription for any metered account to an alternative solar photovoltaic system participating in the Program at any time by providing written notice to Subscriber in which case such alternative solar photovoltaic system will then become the “System” under the terms of this Agreement. 4. Billing Service Provider. The provider of all billing related services for the Subscription is Arcadia Community Solar, LLC (“Arcadia” and “Billing Service Provider”). Owner may change the Subscription’s Billing Service Provider at any time by notifying Subscriber of such change in writing. On a monthly basis during the Term, the Billing Service Provider will invoice Subscriber for the Subscription Payment according to data retrieved from Subscriber’s electric bill and/or supplemental reports received from the applicable utility. The Billing Service Provider shall process and collect on Subscription Payment invoices per the “Terms of Service” (“TOS”) available for review at https://legal.arcadia.com. a. To facilitate the Subscription, Subscriber agrees to enroll in Billing Service Provider’s Autopay Program whereby the Subscription Payment will be automatically debited/charged from Subscriber’s preferred payment method. See TOS at Section 7. b. To facilitate the Subscription, Subscriber authorizes the Billing Service Provider to obtain and review certain information from the applicable utility, and to share such information with Owner, including Subscriber’s energy consumption data, energy billing data, and utility account data. The Parties agree that this information will not be disclosed to third parties except as may be reasonably necessary to provide and promote the Subscription, to develop and maintain the System, or as otherwise required by law. Subscriber’s authorization will remain in effect from the Effective Date until the termination of this Agreement. c. To facilitate the Subscription, Subscriber agrees to receive Subscription related communications from the Billing Service Provider. Subscriber also agrees to receive promotional communications from the Billing Service Provider. Such communications may include e- 155 3 mail and text messages, phone calls, and push notifications. Subscriber agrees that any such communications may be generated by automated systems and be recorded for quality and compliance purposes. Appropriate opt-out instructions shall be provided within any such promotional communications. See TOS at Section 18 for more details. d. Subscriber acknowledges and agrees that in the event of a utility billing error, Subscriber will be responsible for reimbursing Owner for any unwarranted increases in the number of Credits Subscriber received because of such error. Neither the Billing Service Provider nor the Owner are liable for utility billing errors. e. If the System is out of service for more than three (3) consecutive business days (an “Outage”), the Billing Service Provider may inform Subscriber of such Outage via an appropriate communication method. Any such communication will include the estimated duration of the Outage and estimated production lost due to the Outage. A System outage will not affect utility electricity service. f. There are two (2) potential Subscription billing methods: Utility Consolidated Billing and Dual Billing. i. Utility Consolidated Billing. Subscriber’s Subscription account is consolidated with Subscriber’s electric utility account by Subscriber’s electric utility. Subscriber will receive one consolidated electric and Subscription bill from Subscriber’s electric utility. The Subscription Payment will be automatically calculated and deducted from the Credits reflected on Subscriber’s consolidated bill. For example, if for a given month Subscriber’s allocated Subscription percentage size is worth $100 in Credits, and the Subscription Savings rate is 10%, then Subscriber would receive $10 in Credits on Subscriber’s consolidated bill, and the electric utility would retain and pay the $90 Subscription Payment to Owner for the Subscriber. ii Dual Billing. Subscriber will receive two bills. One bill from the electric utility with Community Solar Credits applied, and one from Arcadia for the Subscription Payment. For example, if for a given month Subscriber’s allocated Subscription percentage size is worth $100 in Credits, and the Subscription Savings rate is 10%, then Subscriber would receive $100 in Credits on Subscriber’s electric bill (plus normal electric utility charges), and Subscriber would directly pay Arcadia the $90 Subscription Payment via Arcadia’s Autopay Program, retaining the $10 Subscription Savings. g. Owner and Billing Service Provider will notify Subscriber of the default billing option associated with the Subscription and reserve the right to change and implement any billing option at any time and will notify Subscriber in writing if/when such occurs. 5. Customer Support Provider. The initial provider of all customer support related services for the Subscription is Arcadia (“Customer Support Provider”). Owner may change the Customer Support Provider at any time by notifying Subscriber of such change in writing. The Customer Support Provider can assist with the resolution of most Subscription, System, billing, and Owner related questions or concerns that Subscriber may have. For any such assistance Subscriber can visit Arcadia’s customer support center webpage at https://support.arcadia.com/hc/en- us, or email Arcadia’s customer support center at support@arcadia.com, or call Arcadia’s customer support center at 866-526-0083. 6. Default. Subscriber acknowledges, understands, and agrees that Subscriber will be in material breach and “Default” under the terms of this Agreement if Subscriber: a. Fails to make any payment when payment is due and such failure continues for a period of ten (10) consecutive days; and/or b. Fails to maintain Subscriber’s electricity utility account in good standing (e.g., no 30, 60, 90 days past due balance); and/or c. Revokes Subscriber’s Section 4(b) authorization and/or otherwise prevents Billing Service Provider from obtaining/accessing Subscriber’s utility account data; and/or d. Terminates, cancels, rescinds and/or otherwise abandons Subscriber’s Subscription prior to the conclusion of the then Term. e. Subscriber shall have thirty (30) consecutive days from the date Owner provides Subscriber with written notice of Subscriber’s Default, to correct/cure Subscriber’s Default, to the reasonable satisfaction of the Owner. Upon reasonable request, Subscriber must provide Owner with appropriate documentation evincing Subscriber’s correction/cure to the reasonable satisfaction of Owner. 6.1 If Subscriber is in Default under the terms of the Agreement, then: a. Owner may terminate this Agreement by providing Subscriber with written notice; and Owner may allocate and/or assign to a third-party the Subscription percentage size allocated to Subscriber via this Agreement (pre- Default); and b. Subscriber will be responsible for paying any outstanding balance for Credits Subscriber previously received and/or Subscriber receives for up to three hundred and sixty-five (365) days from the effective Default date; and c. Subscriber will be responsible for paying an Early Termination Fee (“ETF”) to Owner calculated as follows: $0.03 per kWh, multiplied by the Subscriber’s monthly average kWh usage over a historical period of the immediately preceding twelve (12) months, 156 4 multiplied by twelve (12) (i.e., (.03 x monthly average) x 12); and d. Subscriber’s responsibilities upon Default are in addition to Subscriber’s Section 2(a) exclusivity obligations. e. The Parties agree that the Section 6.1(c) ETF is a proportionate, fair, and reasonable figure in the nature of liquidated damages and not a penalty and represents the Parties’ best approximation when entering into this Agreement of the actual out of pocket expenses/damages Owner would suffer/incur upon a Subscriber Default. 7. Solar Incentives; Environmental Attributes. Subscriber acknowledges, understands, and agrees that Subscriber has no right to, and Subscriber disclaims any right to, Solar Incentives or Environmental Attributes related to the System, or the solar energy generated by the System. Subscriber has no right to, and Subscriber disclaims any right to, any solar energy allotted via the Subscription. Subscriber is entering into this Agreement solely to receive Subscription Savings on Credits and not for investment or speculation, not with a profit expectation, and not for resale of any benefits under this Agreement. Further, Subscriber does not have any interest in the profits or losses of the System and will not otherwise be entitled to any profit related to the System by entering into this Agreement. “Solar Incentives” means any accelerated depreciation, installation, or production-based incentives, investment tax credits and subsidies, and all other solar or renewable energy subsidies and incentives. “Environmental Attributes” means, without limitation, carbon trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, or tradable renewable credits. 8. Assignment. Upon providing Subscriber with advance written notice, Owner may assign, or transfer any of its rights and obligations under this Agreement, in whole or in part, to any third-party without the consent of Subscriber. For example, Owner shall provide Subscriber with advance written notice of a Billing Service Provider and/or Customer Support Provider change. Upon providing Owner with at least thirty (30) days’ advance written notice, Subscriber may assign its rights under this Agreement to any eligible third- party’s metered electricity account located within the same utility service territory with no additional fee provided the third-party assignee’s Subscription size matches the Subscriber’s Subscription size and is of the same rate class of service. Under such circumstances the assignor/Subscriber shall remain jointly and severally liable along with the new third-party assignee/Subscriber for all of Subscriber obligations under this Agreement during the remainder of the Term (e.g., the Subscription Payment) unless/until the third- party assignee/Subscriber accepts the terms of Subscription in writing via the execution of a separate form of Owner’s then Subscription agreement. 9. Indemnification. Subscriber shall indemnify, defend (at Subscriber’s own cost) and hold Owner, Billing Service Provider, and Customer Support Provider, including their respective members, managers, directors, officers, employees, subsidiaries, parents, affiliates, agents and assigns, harmless from and against any/all Claims, losses, liabilities, damages, and expenses, including reasonable attorney's fees and costs, based on or arising out of actual loss, actual damage, or actual injury, or alleged loss, alleged damage, or alleged injury, to Subscriber, to persons, to entities, and/or to property, caused by or sustained in connection with any of Subscriber’s independent acts and/or omissions, and/or as caused by or sustained in connection with any of Subscriber’s electricity account utility’s independent acts and/or omissions that affect Subscriber, and/or as may be caused by or sustained in connection with any conditions created by the same. The indemnification obligations in this Section represent material terms of this Agreement and the Subscriber agrees and understands that such obligations shall survive the termination of this Agreement indefinitely. 10. Limitations of Liability. Regardless of the Claims asserted, in no event shall Owner, the Billing Service Provider, and/or the Customer Support Provider be liable to Subscriber for damages under this Agreement that exceed an amount equal to three (3) months of the historical average invoiced Subscription Payment under this Agreement. Regardless of the Claims asserted, in no event shall Subscriber be liable to Owner for damages under this Agreement that exceed an amount equal to one-hundred and twenty (120) months of the historical average invoiced Subscription Payment to Subscriber under this Agreement. Further, except as expressly provided for in this Agreement, to the extent not prohibited by applicable law, Subscriber waives all Claims against Owner, Billing service Provider and Customer Support Provider, for consequential damages arising out of or relating to this Agreement and the Subscription. This waiver is applicable, without limitation, to all consequential damages due to this Agreement’s termination. Accordingly, neither the Owner, the Billing Services Provider, nor the Customer Support Provider, shall be liable to the Subscriber for: loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, Credits, goods or services; cost of capital; or for any special, consequential, indirect, punitive or exemplary damages. 11. Governing Law. This Agreement shall be governed by, interpreted, and construed in accordance with, the laws of the State where the System is located, without giving effect to any choice of laws principles that would require the application of the laws of a different state, provided that the enforcement of this Agreement’s Arbitration Provisions shall be governed by federal law. 157 5 12. Arbitration Provisions. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. FOR AVOIDANCE OF DOUBT, BECAUSE THE PARTIES AGREE TO ARBITRATE ALL DISPUTES ARISING FROM OR RELATING TO THIS AGREEMENT, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN RELATED DISCOVERY EXCEPT AS PROVIDED FOR IN THE JAMS STREAMLINED RULES AND PROCEDURES. Because of the delay and expense typically associated with the use of the State and Federal court systems, the Parties agree to exclusively submit to final and binding arbitration any/all Disputes before JAMS, in the JAMS arbitration office located closest in mileage to Subscriber’s principal place of residence/business, before a single arbitrator, such arbitration proceedings to be administered pursuant to, and governed in accordance with, the then current JAMS Streamlined Arbitration Rules and Procedures. See https://www.jamsadr.com/rules-streamlined-arbitration/. a. Either Party may initiate the arbitration process by filing the necessary forms with JAMS. Payment of all filing, administration, and arbitrator fees shall be governed by the JAMS applicable rules. b. Unless the Parties agree otherwise, the arbitration will be administered by JAMS via a single neutral arbitrator agreed upon by the Parties within thirty (30) days of the commencement of the arbitration. If the Parties are unable or fail to agree upon the arbitrator within such time, the arbitrator shall be appointed by JAMS in accordance with its rules. c. The arbitrator will issue a decision or award in writing stating the essential findings of fact and conclusions of law. Judgment on the decision/award by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under this Agreement. The arbitrator, however, is not authorized to change or alter the terms of this Agreement or to make any award that would extend to any transaction other than the transaction evinced by this Agreement. All statutes of limitations that are applicable to any Dispute shall apply to any arbitration between the Parties. d. The arbitrator shall award to the prevailing Party, if any, the costs and attorneys' fees reasonably incurred by the prevailing Party in connection with the arbitration. If the arbitrator determines a Party to be the prevailing Party under circumstances where the prevailing Party won on some but not all Claims asserted, then the arbitrator may award the prevailing Party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing Party in connection with the arbitration. e. Except as may be required by law, neither a Party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties, except as necessary to enforce the award. f. CLASS ACTION AND CLASS ARBITRATION WAIVER. ONLY DISPUTES INVOLVING SUBSCRIBER AND OWNER OR THE BILLING SERVICE OR CUSTOMER SUPPORT PROVIDERS FOR THIS AGREEMENT MAY BE ADDRESSED IN THE ARBITRATION. DISPUTES MUST BE BROUGHT IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND MUST PROCEED ON AN INDIVIDUAL BASIS (NON-CLASS, NON- REPRESENTATIVE). The Parties agree that any arbitration shall only be conducted on an individual basis and that if it is determined, despite the clear and unambiguous intent of the Parties as stated in this Agreement, to permit arbitration other than on an individual basis, such arbitration will immediately be terminated and neither party will be under any obligation to continue in such arbitration. In the case of such termination, or if the arbitration clause is deemed inapplicable or invalid, or otherwise is deemed to allow for litigation of Disputes in court, the Parties both waive, to the fullest extent allowed by law, any right to pursue or participate as a plaintiff or a class member in any claim on a class or consolidated basis or in a representative capacity. g. The Arbitration Provisions of this Agreement are governed by the Federal Arbitration Act (“FAA”). The arbitrator must apply substantive law consistent with the FAA. The Parties acknowledge that this Agreement evidences a transaction involving interstate commerce. The FAA shall govern the interpretation, enforcement, and proceedings pursuant to these Arbitration Provisions and this Agreement. These Arbitration Provisions shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. h. “Disputes” means any/all disagreements or controversies between the Parties involving Claims arising out of or relating to this Agreement, including, without limitation, disagreements or controversies regarding Claims as to the validity, interpretation, performance, breach and/or enforcement of this Agreement, the business relationship by and between the Parties, and/or the determination of the scope or applicability of this agreement to arbitrate. The definition of the term Disputes is intended by the Parties to be construed in the broadest possible manner. Any Disputes shall be subject to the limitations of liability described in Section 10. i. “Claims” means any/all claims, counterclaims, defenses, demands, [class] actions, causes of action, judgments, 158 6 orders and decrees, and all other claims of every kind and nature in law, equity, arbitration, administrative action, or other forum, whether arising under department, regulatory, agency, local, state, federal, international or other law, rule and/or regulation, of whatever nature or character, whether absolute or contingent, direct or indirect, known or unknown, existing prior to, as of, and/or after the Effective Date of this Agreement. The definition of the term Claims is intended by the Parties to be construed in the broadest possible manner. j. If any term(s) of these Arbitration Provisions, other than the Class Action and Class Arbitration Waiver, is deemed or found to be invalid, void, or unenforceable for any reason, then that term shall be deemed severable and shall not affect the validity or enforceability of any remaining term(s). The Class Action and Class Arbitration Waivers are non-severable and if it is deemed or found to be invalid, void, or unenforceable for any reason, then this entire Arbitration Provisions Section 12 shall be null and void. 13. Adjustable Block Program (“ABP”). The Billing Service Provider and Customer Support Provider can assist with the resolution of many Subscription and System related questions and/or concerns that Subscriber may have. However, if either Provider is unable to assist in this regard, then Subscriber should contact the ABP’s Consumer Complaint Center by calling 877-708-3456, or by visiting: https://illinoisabp.com/complaint-center/. 14. Notices. All communications and requests required or permitted by this Agreement shall be in writing and shall be sent by electronic mail, express courier, or overnight mail, all return receipt requested, to the address(es) below or to such other address provided by a Party from time-to-time pursuant to this Section. Owner: c/o Arcadia Community Solar, LLC. 55600 S. Quebec St. Greenwood Village, CO 80111 support@arcadia.com; (866) 526-0083 www.arcadia.com Subscriber: See contact information on Electronic Signature Page. 15. Publicity. Subscriber agrees not to use or publish the names or logos of the Owner, nor those of the Billing Service and Customer Support Providers, in any advertisement or promotion without first obtaining prior written consent. 16. Linked Sites. The website links in this Agreement (“Linked Sites”) are provided as a convenience and are not under Owner’s control. Owner is not responsible for and does not necessarily endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Owner makes every effort to ensure that such content is appropriate and current, however, Owner has no control over the constantly changing internet landscape. If Subscriber is linked to a problematic site, or if a provided link is inoperative, then Subscriber should send an appropriate related message to support@arcadia.com. 17. Force Majeure. No Party shall be liable for delay of performance or for any failure to perform any of its obligations hereunder (excepting payment obligations) due to events or causes beyond its control, in whole or in part, including, without limitation, labor difficulties, strikes, acts of suppliers, acts of utilities, pandemic, epidemic, fire, flood, earthquake, tornado, war, terrorism, loss of power, System failure, equipment failure, local access restrictions, utility delays, utility or government action/omission, utility or government imposed restrictions, Program changes, statutory changes, acts of third parties, failure(s) of third party services or products, or acts of God (each, a “Force Majeure” event). 18. Entire Agreement. This Agreement (with its Exhibits) contains the entire agreement by and between the Parties regarding the Subscription. This Agreement is fully integrated and constitutes the complete and exclusive statement of the Agreement by and between the Parties regarding the subject matter herein and, as such, supersedes any prior understandings, agreements, warranties, or representations by or between the Parties, written or oral, to the extent that such relates in any way to the subject matter of this Agreement. No supplement, amendment, modification, change or waiver of this Agreement shall be valid and binding unless executed in writing by the Parties to be bound thereby. No waiver of any provision of this Agreement shall constitute a waiver of any other provision (whether similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. 19. Cooperation. Subscriber agrees that Subscriber shall cooperate and work with Owner in connection with any financing, sale or other similar transaction undertaken by Owner or its affiliates relating to the System including, but not limited to, executing and delivering to Owner any and all estoppels, consents to assignment, documents, certificates, information, and any other materials that may be reasonably requested by Owner. 20. Interpretation. In interpreting words in this Agreement, unless the context will otherwise provide or require, the singular will include the plural, the plural will include the singular, and the use of any gender will include all genders. In the interest of brevity, this Agreement frequently omits modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 159 7 If at any time any provision(s) of this Agreement shall be held by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, then such provision shall be of no force and effect, stricken from the Agreement entirely, but the illegality or unenforceability and removal of such provision shall have no effect upon and shall not impair the enforceability of any other provision(s) of this Agreement. 21. Headings. The headings of Sections and paragraphs herein are intended solely for the convenience of reference and shall not control the meaning or interpretation of any of the provisions of this Agreement. 22. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. Scanned and electronic signatures hereto shall be acceptable, valid, and binding. 23. Authority. Each Party represents and warrants that it has the corporate/individual capacity, power, and authority to enter into this Agreement, and to carry out the terms and obligations set forth in this Agreement, and that the persons executing this Agreement have the authority to act for and bind each respective Party. For example, Subscriber represents and warrants that Subscriber is the associated electric utility account holder or is otherwise authorized to make decisions with respect to each of the metered accounts listed on Exhibit 1. *** END OF AGREEMENT *** Signatures Page and Exhibit(s) Follow (This Space Left Intentionally Blank) 160 Electronic Signatures. BY AFFIXING THEIR ELECTRONIC SIGNATURES BELOW, THE PARTIES ACKNOWLEDGE THAT: (A) THEY HAVE READ THIS AGREEMENT AND ALL EXHIBITS IN THEIR ENTIRETY; AND (B) THEY AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND IT’S EXHIITS INCLUDING THE TERMS OF SERVICE AND PRIVACY POLICY AVAILABLE AT HTTPS://LEGAL.ARCADIA.COM/. Subscriber may cancel this transaction at any time prior to midnight of the third (3rd) business day after the Effective Date. See the attached notice of cancellation form for an explanation of this right. SUBSCRIBER _________________________ Signed: ___________________________ Name: ___________________________ Title: ___________________________ Date: ___________________________ Email: ___________________________ Phone: ___________________________ Address: ___________________________ ___________________________ Utility Account Number(s): See Exhibit 1. OWNER Signed: ___________________________ Name: ___________________________ Title: ___________________________ Date: ___________________________ 161 Exhibit 1 Subscriber Metered Electric Utility Accounts *Copies of electric bills may substitute for the completion of this Exhibit. 162 Exhibit 2 System & Owner Information System Name System Location & Status System Location: System Status: [completed and producing energy; completed and awaiting final approval to operate; under construction; or construction not yet commenced]. Owner Name Owner Contact Information Contact: Arcadia Power, Inc.: support@arcadia.com or 866-526-0083 to reach the Arcadia customer experience team. ABP Designee (D2764, D2765, D2766, D3119). First Year Production Estimate [_________________] kWh 20-Year Production Estimate [_________________] kWh Method Used to Estimate Production An independent engineer reviewed system layout drawings, equipment datasheets, and site climatic and geographical data to generate a first-year energy estimate using the commercially available software PVsyst. The first step in estimating solar power generation is to determine the solar climatic conditions, primarily the global and diffuse irradiation on the horizontal plane. The independent engineer's solar resource assessment is conducted by reviewing various sources of solar resource data to select the most appropriate data for the specific project site and importing the selected weather file into PVsyst. The second step is assessing the system configuration, such as the quantity and type of modules, inverters, transformers, row spacing, and the number of modules in series and in parallel. Finally, the system loss factors are determined, and an annual degradation assumption is applied over the estimate term. Owner’s Data Privacy Policy https://legal.arcadia.com/ Billing Service and Customer Support Privacy Policy https://legal.arcadia.com/ Owner’s Evidence of Insurance [_________________] System Long-Term Maintenance Plan [_________________] * Owner to complete this Exhibit and provide an updated copy to Subscriber prior to this Agreement being counter- signed if Subscriber’s assigned System is known as of the Effective Date. If Subscriber’s assigned System is unknown as of the Effective Date, then Owner shall provide a completed copy of this Exhibit to Subscriber immediately upon Subscriber being assigned to a specific System. * A completed Community Solar Program Disclosure Form presented to the Subscriber contemporaneously with this Agreement shall substitute for a completed form of this Exhibit. See https://illinoisshines.com/wp- content/uploads/2021/02/ABP-CS-Disclosure-Form-Template-8-DEC-2020-1.pdf 163 Exhibit 3 Utility Estimate of the Subscription Payment Ameren For an up-to-date estimate on the Subscription Payment: 1. Visit: https://www.pluginillinois.org/FixedRateBreakdownAmeren.aspx 2. Identify the current “Price to Compare” [January 1, 2022 is 5.478 cents per kWh (or 0.05478)]. 3. Subtract the “Transmission Service Charge” [May 2022 is 1.29 cents per kWh (or 0.0129]. 4. Multiply the resulting rate by 90% (0.90) For an up-to-date estimate on the value of a Credit 1. Visit: http://www.pluginillinois.org/FixedRateBreakdownComEd.aspx. 2. Multiply the Subscriber’s Annual Usage by the current Credit Value for ComED [5.478 cents per kWh (or 0.05478) minus the “Transmission Service Charge” [May 2022 is 1.29 cents per kWh (or 0.0129)] = 4.188 cents per kWh (0.04188)]. 1. Multiply the resulting Annual Savings rate by 10% (0.10) Subscriber may also contact Arcadia for a contemporary estimate. Commonwealth Edison For an up-to-date estimate on the Subscription Payment: 1. Visit: http://www.pluginillinois.org/FixedRateBreakdownComEd.aspx. 2. Identify the current “Price to Compare” [January 1, 2022 is 7.809 cents per kWh (or 0.07809)]. 3. Subtract the “Transmission Service Charge” [May 2022 is 1.36 cents per kWh (or 0.0136)]. 4. Multiply the resulting rate by 90% (0.90) For an up-to-date estimate on the value of a Credit 1. Visit: http://www.pluginillinois.org/FixedRateBreakdownComEd.aspx. 2. Multiply the Subscriber’s Annual Usage by the current Credit Value for ComED [7.809 cents per kWh (or 0.07809) minus the “Transmission Service Charge” [May 2022 is 1.36 cents per kWh (or 0.0136)] = 6.449 cents per kWh (0.06449)]. 1. Multiply the resulting Annual Savings rate by 10% (0.10) Subscriber may also contact Arcadia for a contemporary estimate. 164 Office of the Chief of Police John R. Birk McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Mayor and City Council FROM: John R. Birk, Chief of Police FOR: June 3, 2024 Regular City Council Meeting RE: Purchase and Installation of Fueling Station Fence/Gate ATT: Fence Site Plan Layout and Wood Master Fence Proposal Agenda Item Summary: Staff is seeking Council’s authorization to accept a proposal for the installation of a security fence and gate system from Wood Master Fence in the amount of $65,892. This fencing system is the final component of the City’s new fueling station located at the Public Works facility. Staff is present to answer any questions Council may have. Background: In 2022, staff identified the need to construct a fueling station for all City and police vehicles, to be located at the City’s Public Works facility (we currently contract with an outside fueling company). On March 18, 2024, Council approved a fueling station project with Reladyne Fuel which included the installation of two 2,500 gallon fueling tanks and the annual purchase of fuel from Reladyne. As of May 20, 2024, the new fueling station has been installed and the tanks have been filled with fuel. Upon the completion of IT related programing, it is anticipated that staff will begin using the new fueling station by the week of June 3, 2024. The final component to the fueling station project is the installation of a security fence around the fueling station. Attached is a site plan showing the fencing and rolling gate to be installed around the fueling station. The new fencing will match the existing fencing around the property. Analysis: With the assistance of Public Works, competitive pricing was sought for the purchase and installation of security fencing. One proposal was received from Wood Master Fence for the purchase and installation of the fencing and gate system. No other proposals were received. Based on past experience, Public Works has advised that gathering multiple proposals for smaller fence projects such as this is difficult, as local/regional companies are not interested in engaging in prevailing wage contracts. The City is required by state statute to pay prevailing wage. Wood Master Fence has completed multiple past projects for the City and has a positive work history with the City, meeting or exceeding expectations while including the requirement of prevailing wage. Wood Master provided the attached proposal for a security fence and gate around our fueling station in the amount of $65,892. Included in the FY 24/25 Budget was $50,000 for this fence project, with all costs being paid from the police asset forfeiture account. Although the proposal is $15,892 higher than 165 estimated, the police have additional asset forfeiture funds available to cover the total cost without the use of any General Fund dollars. Recommendation: Staff requests City Council authorization to (1) waive competitive bidding, (2) pass an ordinance for a budget amendment in the amount of $15,892.00 with funds transferred from the police asset forfeiture account, and (3) award the fence project to Wood Master Fence in an amount not to exceed $65,892. 166 167 168 169 1 CITY OF MCHENRY PURCHASE ORDER - CONSTRUCTION (Small Projects) Date: May 29, 2024 Purchase Order No.___________________________________________ Project: City Fuel Station Location: Public Works Owner Contractor/Vendor Architect/Engineer City of McHenry 333 South Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 Contact: Derik Morefield, City Administrator Wood Master Fence 4805 William St. McHenry IL 60051 Phone: 847-497-3630 Fax: Contact: Rick Manderscheid Phone: Fax: Contact: COST OF WORK The Contract Price of the Work under this Purchase Order is $65,892. 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: Proposal dated 4/19/24 The following prices shall remain in effect for the duration of project: QUANTITY UNIT OF MEASURE DESCRIPTION/ITEMS LUMP SUM UNIT PRICE EXTENSION 1 N/A Provide all labor, materials and equipment necessary for construction/installation of: Fencing and gate operation per proposal $65,892.00 $65,892.00 TOTAL $65,892.00 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 commence Work within 14 days of receipt of the Owner’s Notice to Proceed, and to complete the Work no later than 45 calendar days after commencing the Work. Time is of the essence. THE TERMS OF THIS PURCHASE ORDER AND THE ATTACHED SUPPLEMENTAL CONDITIONS ARE THE ENTIRE AGREEMENT BETWEEN THE CITY/OWNER AND VENDOR. No payment will be issued unless a copy of this Purchase Order is signed, and dated and returned to the Owner. Material certifications/test reports required. All domestic material, unless otherwise specified. Purchase exempt from sales and/or use taxes. 170 2 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: PURCHASER: City of McHenry By: ________________________________________________ Title: Representative of Vendor authorized to execute Purchase Order 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 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. 171 3 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 it 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 E_______________________________. 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 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. 172 4 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 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. 173 5 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 174 ORDINANCE NO. 24- AN ORDINANCE AMENDING THE FY2024/2025 BUDGET FOR THE FISCAL YEAR ENDING APRIL 30, 2025 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, the City of McHenry acting by and through its Mayor and City Council has previously approved the FY24/25 Annual Budget for the Fiscal Year Ending April 30, 2025 by a motion at the Regular City Council Meeting held on April 15, 2024; and WHEREAS, it is necessary and appropriate to delete, add to, or otherwise change certain line items in said Budget Ordinance as provided in Exhibit A to this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the amendments to the Budget Ordinance for the Fiscal Year Ending April 30, 2025 are hereby approved in the form and content as provided by Exhibit “A” which is attached hereto and made part hereof. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication, as provided by law. Passed this 3rd day of June, 2024. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Davis _____ _____ _____ _____ Alderman Glab _______ _____ _____ _____ Alderman Koch _______ _____ _____ _____ Alderman McClatchey _______ _____ _____ _____ 175 Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk EXHIBIT A The following budget items are amended by this Ordinance: FY24/25 Budget Amendment – Fueling Station Fence/Gate - $15,892.00 176 Department of Public Works Steve Wirch, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2205 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. REGULAR AGENDA SUPPLEMENT DATE: June 3, 2024 TO: Mayor Jett and City Council FROM: Steve Wirch, Director of Public Works RE: WATER TOWER #4 PAINTING PROJECT ATT: BID TAB AGREEMENT LOGO AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding the bid for the Water Tower #4 Repainting Project to Era-Valdivia Contractors, Inc. for $814,801 and to authorize an additional 10% contingency in the amount of $81,480. BACKGROUND: The City previously contracted with Robinson Engineering, Inc. to develop plans, specifications and construction inspection services for the project. At the direction of staff, the specifications included sand blasting the tower to bare metal and then installing a premium paint and coating system with a projected +25-yr lifespan. The plans were completed last fiscal year and the project was advertised and bid on May 3, 2024. On May 23, 2024, five (5) bids were received for the project. A summary of the bids is as follows: Era-Valdivia $814,801.00 Dynamic Industrial Services $844,000.00 Jetco, Ltd. $973,679.00 Neumann Co. Contractors $1,048,400.00 Tecorp, Inc. $2,642,500.00 After a detailed review of the bids and line items, we have concluded that Era-Valdivia is the lowest responsible bidder with a bid of $814,801. The Engineer’s Estimate of Cost for this project 177 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. was $800,000. The project is budgeted for the 2024/2025 fiscal year and will be funded by water revenues. ANALYSIS: Staff has analyzed and checked the bids for accuracy and recommends awarding the contract to Era-Valdivia Contractors, Inc. This is a Lump Sum contract with separate line items for painting and various ancillary work. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award a LUMP SUM contract for the Water Tower #4 Painting Project to Era-Valdivia Contractors, Inc. in the amount of $814,801 and to authorize a 10% contingency in the amount of $81,480. 178 Tabulation of Bids Local Public Agency: City of McHenry Date: 5/23/2024 Name of Bidder: County: McHenry Time: 10:00 AM Address of Bidder: Project: Attended By: See Attached Attendance Sheet Proposal Guarantee: Bid Bond Bid Bond Bid Bond Bid Bond Bid Bond Terms: Item No.Item Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 TANK EXTERIOR CONTAINMENT L SUM 1 100,000.00 100,000.00$ 90,000.00 90,000.00$ 130,000.00 130,000.00$ 195,000.00 195,000.00$ 750,000.00 750,000.00$ 2 EXTERIOR REPAINT L SUM 1 360,000.00 360,000.00$ 372,000.00 372,000.00$ 337,143.00 337,143.00$ 331,500.00 331,500.00$ 588,000.00 588,000.00$ 3 INTERIOR DRY REPAINT L SUM 1 60,000.00 60,000.00$ 25,000.00 25,000.00$ 67,475.00 67,475.00$ 57,100.00 57,100.00$ 485,000.00 485,000.00$ 4 INTERIOR WET REPAINT L SUM 1 244,000.00 244,000.00$ 260,000.00 260,000.00$ 336,039.00 336,039.00$ 331,900.00 331,900.00$ 625,000.00 625,000.00$ 5 INTERIOR PIT PIPING COATING L SUM 1 8,000.00 8,000.00$ 5,000.00 5,000.00$ 7,763.00 7,763.00$ 7,500.00 7,500.00$ 8,000.00 8,000.00$ 6 SEAM SEAL ROOF PLATE LAP JOINTS L SUM 1 8,000.00 8,000.00$ 1.00 1.00$ 10,713.00 10,713.00$ 7,000.00 7,000.00$ 20,000.00 20,000.00$ 7 FOUNDATION REPAIR L SUM 1 5,000.00 5,000.00$ 1,000.00 1,000.00$ 3,105.00 3,105.00$ 12,400.00 12,400.00$ 12,000.00 12,000.00$ 8 FOUNDATION COATING APPLICATION L SUM 1 4,000.00 4,000.00$ 1,000.00 1,000.00$ 4,968.00 4,968.00$ 10,000.00 10,000.00$ 8,000.00 8,000.00$ 9 TANK LETTERING AND LOGO L SUM 2 6,000.00 12,000.00$ 8,000.00 16,000.00$ 11,468.00 22,936.00$ 7,500.00 15,000.00$ 30,000.00 60,000.00$ 10 FALL PREVENTION DEVICES (INTERIOR & EXTERIOR) L SUM 2 3,000.00 6,000.00$ 2,000.00 4,000.00$ 6,000.00 12,000.00$ 10,350.00 20,700.00$ 14,000.00 28,000.00$ 11 FILL PIPE INSULATION AND JACKETING L SUM 1 16,000.00 16,000.00$ 17,000.00 17,000.00$ 16,640.00 16,640.00$ 33,500.00 33,500.00$ 25,000.00 25,000.00$ 12 FROST-FREE ROOF VENT L SUM 1 12,000.00 12,000.00$ 10,000.00 10,000.00$ 8,800.00 8,800.00$ 8,400.00 8,400.00$ 17,800.00 17,800.00$ 13 OVERFLOW FLAP GATE L SUM 1 2,000.00 2,000.00$ 5,000.00 5,000.00$ 2,900.00 2,900.00$ 5,200.00 5,200.00$ 7,000.00 7,000.00$ 14 ACCESS TUBE MANWAY GASKET REPLACEMENT L SUM 1 1,000.00 1,000.00$ 800.00 800.00$ 777.00 777.00$ 600.00 600.00$ 1,200.00 1,200.00$ 15 WELD ACCESS TUBE VENT L SUM 1 6,000.00 6,000.00$ 8,000.00 8,000.00$ 12,420.00 12,420.00$ 12,600.00 12,600.00$ 7,500.00 7,500.00$ As Read:844,000.00$ 806,801.00$ 973,679.00$ 1,048,400.00$ 2,630,500.00$ As Calculated:844,000.00$ 814,801.00$ 973,679.00$ 1,048,400.00$ 2,642,500.00$ LOW BIDDER Era-Valdivia Contractors, Inc. 11909 S. Ave. O Chicago, IL 60617 Neumann Co. Contractors, Inc. W9450 State Road 95 Merrillan, WI 547541,000,000-Gallon Spheroid Elevated Tank Total Bid: Tecorp, Inc. 2221 Muriel Ct. Joliet, IL 60433 Jetco, LTD. PO Box 908 Lake Zurich, IL 60047 Dynamic Industrial Services, Inc. 722 W. Exchange Street, Suite 3B Crete, IL 60417 Printed 5/24/2024 BLR 12315 (Rev. 07/16/13) 179 180 AGREEMENT THIS AGREEMENT, made this 3rd day of June, 2024, by and between the City of McHenry, hereinafter called "OWNER" and Era-Valdivia Contractors, Inc. doing business as a corporation hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will commence and complete the construction of Water Tower #4 Painting Project. 2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents within 30 calendar days after the date of the NOTICE TO PROCEED and will complete the same by October 1, 2024 unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $814,801.00, or as shown in the BID schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) Advertisement for BIDS (B) Information for BIDDERS (C) BID (D) BID BOND (E) Agreement (F) Payment BOND (G) Performance BOND (H) NOTICE OF AWARD (I) NOTICE TO PROCEED (J) CHANGE ORDER (K) PLANS and SPECIFICATIONS prepared by Robinson Engineering, Ltd. titled “1,000,000- Gallon Spheroid Elevated Tank” (L) ADDENDA: No. 1, Dated May 17, 2024_ 6. The OWNER will pay to the CONTRACTOR in the manner and at such times, such amounts as 181 required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement and each shall be deemed an original on the date first above written. OWNER: ATTEST: By Name______________________ Name Title:_______________________ Title SEAL CONTRACTOR: ATTEST: By________________________________ Name Name______________________ Title ______________________________ Title:_______________________ SEAL 182 STAFF REPORT FOR JUNE 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 McHenry Area Chamber of Commerce Ribbon Cutting - To Steki - 3918 Main St., Friday June 7 at 1:00 pm Ribbon Cutting - Air BnB - 1407 Court St. 2A , Thursday June 13 at 11:15 am Ribbon Cutting - Shop 3430 - 3430 Elm St., Thursday June 20 at 11:15 Ribbon Cutting - Green Peapod (20 Years in Business) - 1225 Green St., Thursday June 27 at 10:15 A digital kiosk that will be managed by the Chamber was installed by the Riverwalk Shoppes. Youth Fishing Derby Fort McHenry Ponds at Whispering Oaks Park – Saturday June 15 for Kids age 1-13 from 7:30 am – Noon Free Event, bait and breakfast provided by sponsors Taste of McHenry on Main Main Street will be closed. Event is Saturday June 29 from 11 am-5:00 pm. All proceeds benefit Alexander Leigh Center for Autism. Dunk Tank – Mayor Jett 12-12:30. Over 10 food trucks and over 25 vendors. Live Music by the MCHS 2024 Battle of the Bands winner, Amy Yore and iPOP. Naturally McHenry County Economic Development staff has been working with Naturally McHenry County on a mini McHenry Guidebook which will be printed and also available in a digital interactive format. This guide has been provided free of charge to the City as part of our partnership with Naturally 183 McHenry County and Datafy. The guide will be used as an example of what could be produced for other communities. We hope to have print copies available in a couple of weeks. The Courtyard at McHenry Senior Living Mayor Jett and Director Martin spoke to the residents of The Courtyard at McHenry Senior Living about development going on in the City, infrastructure projects, new businesses coming into the City, as well as upcoming events. International Council of Shopping Centers (ICSC) Conference On May 20 and 21 Mayor Jett, Director Hobson and Director Martin attended and exhibited at the ICSC Conference in Las Vegas for the 15th consecutive year. The conference was a success and many points of contact and connections were made with developers, retailers and others at the event. ShamRocks the Fox Report Attached is a report on the statistics from the ShamRocks the Fox event held in March of this year from Naturally McHenry County, which utilizes a program called Datafy. It should be noted that Datafy is not a people counter but a trend reporter so this does not have an official count of every person that was at the event. It does include the entire downtown area however. If Council has any questions please feel free to reach out to Director Martin. 184 185 COMMUNITY DEVELOPMENT Contact: Ross Polerecky, Community Development Director – 815/363-2182 Redwood Development After many months of negotiations with the property owner it appears the Redwood Development proposed on the southeast corner of Chapel Hill Road and Route 120 is moving forward. This development received a thumbs up at a city council conceptual presentation and a unanimous recommendation from the planning and zoning commission. This development should come before the city council sometime this summer. June Planning and Zoning The June planning and zoning meeting is canceled due to a lack of agenda items. PARKS & RECREATION Contact: Bill Hobson, Director of Parks & Recreation – 815/363-2159 Aquatics • The Merkel Aquatic Center, The Petersen Park Beach, the Splash Pad at Miller Point Park and the Fort McHenry Spray Park all opened for Memorial Day weekend. The pool and the beach are weather dependent and do close with inclement weather and air temperatures below 68 degrees. Both the pool and the beach were closed Sunday May 26th due to the air temperatures and the severe weather. Miller Riverfront Park Boat Launch • The boat launch was very busy over the holiday weekend. Both daily uses passes and season pass sales have begun to pick up. • The bids were opened to pave the lot and the drive. This will be accomplished with monies awarded through the Illinois Department of Natural Resources and is planned to complete the work in September. • The Sheriff’s Marine Unit Building is well underway. The building is under roof, with all doors and windows installed. All mechanicals are currently being installed. The anticipated completion is the end of June. Riverwalk Phase IV • The installation on the board walk section is complete. The boardwalk is connected to Phase III and proceeds under the Pearl Street Bridge to the southern edge of the Wagner Boat Company building. Some of the facia will need to be completed. 186 • Concrete installation by Alliance Contractors has begun this week in front of the Riverside Hotel. Concrete work will also occur behind the Old Bridge Tavern. All concrete work is anticipated to be complete by the end of June. Electrical work will commence once the concrete work is done. The railing and the monument sign will be the last aspects of the project to be completed and those elements will push into September. It remains our goal to install some temporary railing and have the walk opened in July. This is the same process that was utilized for Phase III • Burial of the overhead lines is also progressing. All of the underground conduit has been installed and ComEd has installed the necessary poles on Pearl Street to accommodate the change. Staff is working with AT&T and Comcast to finalizes potential changes to the project. These changes will be presented to City Council. Wheeler Fen • Staff is working with the IDNR to treat invasive plants in the Fen. The IDNR is providing product and manpower to begin to restore the Fen to more of a natural state. Parks Maintenance staff will also be working to mow areas and cut down invasive trees. Music Sunday at Miller Point • Week 1 of the Summer Music Sundays was cancelled due to weather. The series is planned for all summer long at Miller Point Park from 1-4pm and includes food trucks as well. PUBLIC WORKS Contact: Steve Wirch, Director of Public Works – 815/363-2205 • The 2024 Road Resurfacing Program began on Monday, April 22nd, and the contractor, Peter Baker & Son Co., is about 75% completed with the work. All work will be finished by June 30th. Street & U�lity Division crews assisted with repairing 7 frames on Kensington Drive, 1 frame on Park Lane Avene and Shorehill Drive, and 1 frame on River Road. • On Thursday, May 23rd, crews repaired a water service leak at 5006 Sandburg Drive, replacing 8’ of copper service line and the buffalo box. • The Street & U�lity Division completed several culvert repair/replacement projects in May: o Oakwood Drive – May 8 o Virigina Avenue – May 14 o Hi-Point Road – May 21 o Park Street – May 23 o 112 S. Curran Road (Police Report) – May 24 187 • The city’s brush pick-up program began on Monday, April 29th and was completed within 4 days, finishing on Thursday, May 2nd. • Crews con�nue restora�on work in city right-of-ways due to snowplow damage, water service leaks, and watermain breaks. Restora�on work includes landscaping, asphalt, and concrete work. • Flood Brothers’ unlimited bulk item cleanup occurred the week of May 13-17. Public Works received a few calls regarding non-pickup but a�er inves�ga�on, it was determined the items le� behind were not bulk items and should be disposed of inside the resident’s tote and/or garbage bag. • The air condi�on system replacements in MCC 50 and MCC 70 at the Wastewater Treatment Plant were completed on May 15th. • The Street & U�lity Division has a new Maintenance Worker I! Sean Kelly started with the division on May 6th. 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: • Sergeant Patrick Polidori – 17 Years • IT Manager Aaron Greve – 8 Years • Telecommunicator Eileen Beidelman – 5 Years Training • Officers Szoke and Martinez attended Scene Processing: Prints and Footwear at Streamwood Police Department • Officers Meyers and Pederson attended Body Searches: From Terry Stop to Strip Search at Bartlett Police Department • Officer Barjaktarevic attended Breath Analysis for Alcohol Training at the MCRTC • Officer Szoke attended Patrol Officers Response to Street Drugs at the MCRTC • Officer Meyers attended The Basics of Search and Seizure at Cary Police Department • Officers Martinez, Carey, Harris, Rewiako, and Sgt. Hendrickson (Instructor) attended Solo Officer Response Rapid Deployment at the McHenry High School- Freshman Campus • Telecommunicator Lussow attended EMD at the Lake County 911 Center in Crown Point, IN 188 Public Relations • Officers O’Herron, McClure, and Pardue attended Riverwood’s Hike, Bike, and Roll event while Sgt. Kinney, Officer Lorenz and Officer Szoke attended Riverwood’s end of year picnic. • Officer O’Herron, Social Services Coordinator Sterwerf, and Therapy K9 Oakley visited Duker School • On May 17, 2024, numerous officers, city employees, and dispatchers participated in the Cop on a Rooftop fundraiser for Special Olympics 189