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Home My WebLink AboutPacket - 08/03/2020 - 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, August 3, 2020, 7:00 p.m. In light of the current COVID-19 public health emergency, this meeting will be held remotely only. The public can observe by connecting online at: https://cityofmchenry.zoom.us/j/99918537670 The public can also call in to the following number: +1 312 626 6799, Meeting ID 999 1853 7670 1. Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Public Comments: If you wish to submit any public comment, please email: dmorefield@cityofmchenry.org in advance of the meeting. The City will read such public comments during the public commentary portion of the meeting and the comments will be entered into the official record of the meeting. Any comments received during the meeting will be provided in writing to the Council after the meeting. 5. Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. Award of contract to Michels Corporation for the Well #8 Raw Water Line Rehabilitation Project in the amount of $296,214.00; (Public Works Director Strange) B. Approval and authorization to enter into a Purchase Order Contract with MASD Construction for Drywall Installation on Phase 2 of the Police Department Renovation in an amount not to exceed $15,000.00; (Police Chief Birk, Community Development Director Polerecky) C. Approval of payment to Advance Automation and Controls, Inc. for the replacement of the Variable Frequency Drive (VFD) for the #3 raw sewage pump at the Regional Pumping Station in the amount of $10,191.00; (Public Works Director Strange) D. Approval of an Ordinance amending the FY20/21 Parks Developer Budget in the amount of $12,979.88 for the purchase of replacement LED lights for the Knox Parks Tennis Courts by Northwest Electric; (Parks and Recreation Director Hobson) E. Award a Façade Improvement Grant in the amount of $2,500 for the property located at 3402 W. Elm Street; (Economic Development Director Martin) F. Block Party Permit Application for Almond Lane on 8/28/20; G. July 20, 2020, City Council Meeting Minutes; H. Issuance of Checks in the amount of $364,148.08. 6. Individual Action Item Agenda A. Motion to approve or deny a Class B Liquor License to La Trinidad Restaurant, 4401 Elm Street; and if approved, the adoption of an ordinance increasing the number of Class B Liquor Licenses from 19 to 20. (Mayor Jett) B. Motion to adopt Ordinances granting a Zoning Map Amendment and Minor Variances to allow 68.5% of uncovered space in lieu of the required 73% uncovered space to accommodate a 4-unit attached single family residence for the property located at 1208 N. River Road. (Community Director Polerecky) C. Motion to grant a Variance to allow a 6-foot privacy fence in the required front yard, 2 feet from the property line, at 413 Kensington Drive. (Community Development Director Polerecky) D. Motion to adopt an Ordinance Creating a Municipal Motor Fuel Tax, Implementing Local Government Taxpayers’ Bill of Rights Provisions, and Updating the City’s Hotel Operators Occupation Tax Provisions. (Finance Director Lynch) 7. Discussion Items. A. Concept Presentation and Discussion – Residences of Stonewood Subdivision B. Route 31 Reconstruction Local Improvement Participation 8. Staff Reports. 9. Mayor’s Report. 10. City Council Comments. 11. Executive Session if Needed. 12. Adjourn. The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further information, please contact the Office of the City Administrator at 815-363-2108. NOTICE: In compliance with the Americans with Disabilities Act (ADA), this and all other City Council meetings are located in facilities that are physically accessible to those who have disabilities. If additional accommodations are needed, please call the Office of the City Administrator at 815-363-2108 at least 72 hours prior to any meeting so that accommodations can be made. w 4...,,,,. Department of Public Works Troy Strange, PE, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 McHenr Fax: (815) 363-2214 www.cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: August 3, 2020 TO:Mayor and City Council FROM: Troy Strange, PE, Director of Public Works RE:Well 8 Raw Water Line Rehabilitation Award of Bid ATT: As Read Tabulation of Bids Project Location Map Map of Repair/Break Locations AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a contract for the Well 8 Raw Water Line Rehabilitation to Michels Corporation of Brownsville, Wisconsin in the amount of$296,214.00. BACKGROUND: The approved Fiscal Year 2020/2021 Capital Improvement Program includes $300,000 in Water Sewer Funds for the construction of the Well 8 Raw Water Line Rehabilitation Project. Well 8 is one of two wells which supply raw water to Water Treatment Plant 3, located at 105 S. Crystal Lake Road. However, Well 8 is located approximately 2 blocks away from the plant in the Malibu Tot Lot". The well was drilled and raw water piping was installed to Water Treatment Plant 3 in 1985. During the past decade the raw water line has developed a substantial number of leaks, requiring City personnel to perform numerous spot repairs. The raw water line has experienced pinhole leaks on most of the pipe bells. In recent years a galvanized nipple and a galvanized plug have been replaced on the well's pitless adaptor. Staff have previously coordinated the preparation of construction documents which were prepared by HR Green, Inc. This project was originally included in the FY19/20 budget and bid in spring of 2019. However, all bids were rejected due to the bid results coming significantly higher than the FY19/20 budget number. The plans were updated over the winter of 2019-2020 and the project was approved for funding in the approved FY20/21 Budget. At the March 2, 2020 City Council Meeting City Council authorized staff to publicly bid the Well 8 Raw Water Line Project. 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. On April 8, 2020 three (3) bids were received for the Well 8 Raw Water Line Rehabilitation Project. Bids ranged from $296,214.00 to $366,330.00. ANALYSIS: Staff has analyzed bids for accuracy and recommends awarding the contract to Michels Corporation of Brownsville, Wisconsin. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to award a contract for the Well 8 Raw Water Line Rehabilitation to Michels Corporation of Brownsville, Wisconsin in the amount of$296,214.00. 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. Name of Bidder: Fer-Pal Construction USA LLC Michels Corporation Sheridan Plumbing&Sewer Inc. Tabulation of Bids Date: 4/8/2020 Time: 10:00 AM Plant Location: 1350 Gasket Drive PO Box 128 6754 W.74th Street Elgin,IL 60120 Brownsville,WI 53006 Bedford Park, IL 60638 City of McHenry Public Works Department Proposal Guarantee: Bid Bond Bid Bond Bid Bond Well 8 -RAW Water Line Rehabilitation Engineer's Estimate Item Item Delivery Unit Quantity Unit Price Total - Unit Price Total Unit Price Total Unit Price Total 1 Complete Project(Lump Sum) 1 0.00 366,330.00 $366,330.00 296,214.00 $296,214.00 317,031.00 $317,031.00 Total Bid: As Read: 366,330.00 296,214.00 317,031.00 As Calculated: 366,330.00 296,214.00 317,031.00 APPARENT LOW BIDDER WEB MA ING L,1'1, of I,/'d, \k\ I 1 1, APPLIICATION LEGEND Anode Well r.e.r• 1 O tP^/ri`ate Well r. o, 9 A MI .. a er Tower DRIVE f Hydrant 6 '' lir_ A.. _ e . q..'• O r 1 8AP014VV ++ r a•• T',ir _ 012 Sampling Hydrant 8P024VV , 8pp S I® - Fire Service Valve Valve VaultO Al 1 in, h711H in Valve Boxill1 IN I Service Valve Box IF. Service Valve• VVaultalve I of i Abandoned Valve IMIr• r Water Meter I i Trace j y j B Box t t 1 _.I _ y ioirkY. r 1 C 3 o Non-Located B-Boxes 4r. Linestop x Watermain Break Location 7• I am.i• {, Watermain-Size and Owner I I I e la z sin Private 1`,: BInC Owned L MI ,.In PMate L ] I ii: I®i um City o..nea i fin City Owned e Q108 o: 0 1 X.o M lei z n Private MALIBUC8,Q020VV W W.-. __ onPmata p 002V•B 1,1„ vain city Ovmed iiiA. X x 1 1 en Orly Owned wreT. O,. Mn PrivateAir_.-A O A O Q• 6nclN o»neatal Sin Privateril. I I Ill 41n Private L_ jalt j G Municpal Limits i 7 J I ' r J McHenry County Lot Lines 1 1 4._7'w q'a:illillde/li'. O I CJJV\(1), 11 rote Printed:d,axozo NOTES: rnn nupwas generated aame the cm,arOMCHenNsOlsWeEMappingADPIi¢ation. This imp Is a user generated static output from an Internet Mapping Site and a for reference only. John R. Birk, Chief of Police ti , O McHenry Municipal Center v333 Green Street McHenry, Illinois 60050 I Fax: Phone: (815) 363-2200 Fax: (815) 363-2149 MCHenr jbirk@cityofmchenry.org N ART Or r u•pa RNt0. CONSENT AGENDA SUPPLEMENT DATE: August 3rd, 2020 TO: Mayor and City Council FROM: John R. Birk, Chief of Police Ross Polerecky, Director of Community Development RE: Approval to enter into Purchase Order Contract for Drywall Installation on Phase 2 Police Station Renovation ATTCH:Purchase Order Contract and Quote from MASD Construction Item Summary: Staff is seeking Council's approval to enter into a purchase order contract for drywall installation for phase 2 of the Police Department renovation project. Background: On May 4th, City Council passed an ordinance allowing Staff to waive the sealed competitive bid process for the future work that would be done in the Phase 2 Police Department Renovation Project. As a result this allowed staff to use individual prevailing wage purchase orders with terms and conditions to complete the work needed in the Phase 2 project. With such, Staff sought out local companies that have a strong relationship with our community and have the experience and expertise needed to complete this project. The following companies were contacted for the drywall installation part of the project. Each of these companies provided a work quote for their specific trade. Wm. Tonyan& Sons Inc. (McHenry, IL) Gallagly Drywall Inc. (Harvard, IL) MASD Construction (McHenry, IL) Analysis: In reviewing each quote, Staff confirmed they included all the elements of the project required. The quotes are as follows: Company Location Quote Wm. Tonyan and Sons Inc. McHenry, IL 29,180.00 Gallagly Drywall Inc. Harvard, IL 24,300.00 MASD Construction McHenry, IL 15,000.00 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. In reviewing each quote, staff found the following MASD Construction to provide the most competitive quote for the Drywall Work. Attached to this supplement is the proposed Purchase Order Contract with MASD Construction for the installation of drywall. Recommendation: Therefore, if Council concurs, it is recommended that a motion be made to approve and authorize Director Polerecky to enter into a Purchase Order Contract with MASD Construction for a total amount not to exceed $15,000 CITY OF McHENRY PURCHASE ORDER NO. 2020- Prevailing Wages Apply) Project: City of McHenry Police Department Second Floor Buildout Location: City of McHenry 333 South Green Street McHenry,Illinois 60050 Owner Contractor City of McHenry MASD Construction 333 South Green Street 3487 Grandm ore Avenue McHenry,Illinois 60071 Gurnee,IL 60031 Phone: (815)363-2100 Contact: Ross Polerecky,Dir. of Community Development Phone:847-875-1404 rpolerecky@cityofmchenry.org Contact: Nicanor Dominguez COST OF WORK The Contract Price of the Work under this Purchase Order is based on time and materials and shall not exceed$15,000. SCOPE OF WORK: Contractor shall furnish labor and materials necessary to complete the following work/items, collectively, Work"): see Contractor's Proposal dated July 24,2020,attached hereto and incorporated herein. NOTES: A. Changes to the project scope, affecting materials and/or labor required to complete the Work noted above and resulting in additional cost,will require revisions to this Purchase Order and Owner's approval prior to proceeding with the work. B. The Contract Price is based upon Work being performed during our normal business hours—Monday through Friday,7a.m.— 3:30p.m. C. Payment and performance bonds by Contractor are waived. D. No retainage shall be required. 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's Proposal or Contractor'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 unless Owner is notified to the contrary within ten (10) days from its date of issue. This Purchase Order contains the entire agreement between the parties. Any modification or recession thereof must be in writing and signed by Owner. No proposals or prior dealings of the parties or trade custom not embodied herein shall alter the interpretation or enforcement of this Purchase Order. 2. Familiarity with Site Conditions; Qualifications.Contractor acknowledges that it has examined and is familiar with the site conditions surrounding the proposed Work and is aware of, and satisfied with,the requirements of this Purchase Order. Contractor represents to Owner that it is fully experienced and properly qualified as an expert to perform the class of Work provided for herein, and that it is properly equipped,organized and financed to handle such work. Contractor shall finance its own operations hereunder,shall operate as an independent contractor and not as the agent of Owner,and shall hold Owner free and harmless from all liability,costs and charges by reason of any act or representations of Contractor,its agents or employees. 3. Extras and Change Orders.No claim by Contractor that any instructions,by drawing or otherwise,constitute a change in Contractor's performance hereunder, for which Contractor should be paid additional compensation shall be valid, unless prior to commencing such allegedly extra or changed performance. Contractor 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 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 in writing by Owner, provided however,that if the Contractor should be delayed in furnishing the articles, items, equipment or materials (hereinafter sometimes referred to as "goods")or services or work(hereinafter sometimes referred to"Work")ordered herein, by the omission neglect or default of Owner, its agents or employees, Contractor 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. 4. Inspection and Acceptance.Owner shall have the right at all reasonable times to inspect and test all goods,materials or work furnished by Contractor and all work performed or furnished by Contractor. Notwithstanding any prior inspection, the passage of title or any prior payment, all goods,material and work furnished there under are subject to final inspection and acceptance by Owner at its job site. If, after inspection, Owner rejects any goods furnish by Contractor there under, Owner may, at its election, return those goods to Contractor at Contractor's expense, including the cost of any inspection and testing thereof If Contractor fails to proceed promptly with the 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 or terminate this Purchase Order for default in accordance with paragraph 7 herein. By inspecting and not Page 1 of 4 rejecting any goods and work furnished there under, 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. 5. Taxes,Delivery, Risk of Loss.Unless indicated to the contrary on the face hereof,it shall be the responsibility of Contractor to arrange for and complete delivery of all goods or materials. If the goods or materials furnished there under are equipment, Contractor shall give Owner two (2) working days' advance notice of delivery. All goods or materials furnished by Contractor should be shipped in the manner and at the times indicated on the face hereof at the expense of Contractor,it being understood that the risk of loss with respect to such goods is with Contractor until such goods come into the actual possession of Owner,regardless of the mode of delivery or earlier passage of title. This Project is tax exempt. The Owner's tax-exempt number is: E 99950881_ 6. Payment. A. Upon completion of the Work and prior to issuance of any payments by the Owner to the Contractor, the Contractor shall furnish to the Owner(in a form suitable to the Owner) an invoice for payment then due,together with receipts, waivers of claim and other evidence showing the Contractor's payments for materials,labor and other expense incurred in the Contractor's Work hereunder. B. Owner may withhold the whole or any part of any payment due to the Contractor 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 to make payments promptly for material or labor, or(d) Contractor's failure to furnish Owner with all written warranties and operational manuals for the Work. C. Contractor hereby authorizes the OWNER (1) to deduct from any amount due or becoming due the Contractor under this Purchase Order for all amounts owing from the Contractor to (a) the Owner for back-charges or services furnished for the account of the Contractor, (b)the Owner for damages sustained whether through negligence of the Contractor or through failure of the Contractor to act as may be otherwise detailed herein, (c) material men,(d)subcontractors,(e)laborers, and(f)others for services and materials furnished to the Contractor for the Work performed under this Purchase Order, and (2)to apply the amount so deducted to the payment of said materials, services,damages or back-charges applying such monies so available in the order hereinbefore set forth. D. Owner, without invalidating this Purchase Order,may make changes by altering, adding to or deducting from the Work to be performed. The value of any such changes will be determined as follows: (a)by the unit prices named in this Purchase order,if any, or(b) by agreement in writing between the Owner and the Contractor as to the value of the time and materials for the changes in the Work. In any event, the Contractor 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. E. Notwithstanding the payment in full for the Work hereunder, the Contractor will be liable to repair or replace any imperfect workmanship or other faults;and if the Contractor fails to repair or replace the imperfect workmanship or other faults,the Owner may do the Work and recover from the Contractor 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. 7. Contractor Warranty.Contractor warrants in addition to all warranties which are imposed or implied by law or equity that all materials and work furnished there under (i) shall confirm to any specifications and drawings applicable to this Purchase Order, (ii) shall be merchantable and of good quality and workmanship, (iii) shall be fit for the purpose intended as well as the purpose for which such goods, materials or work are generally used,and(iv)shall be free from defects for a period of 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 expressly agrees that the statue of limitations with respect to Contractor's warranties shall begin to run on the date of acceptance by Owner. Contractor further indemnifies and holds the Owner harmless from all claims,liens,fees and charges and payment of any obligations arising thereunder. 8. Insurance. Contractor shall at all times maintain business automobile, commercial liability and workers compensation 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 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. 9. Indemnity.Contractor hereby agrees to indemnify Owner for any loss,expense,recovery or settlement,including counsel fees and costs of defense which arise from any demand, claim (whether frivolous or not) or suit which may be asserted or brought against Contractor or Owner as a result of any injury or damage to any person or persons (including death) or property (i) allegedly caused by, resulting form, arising out of or occurring in connection with the furnishing of any goods, materials or work or the performance or preparation for performance of any of the work or any duties of the Contractor hereunder, or incident or pertaining thereto, and (ii) whether or not such injury or damage is due to or chargeable to any alleged negligence of Owner or any contractor or subcontractor under a contract from which the goods, materials or work is herein ordered are required, or the alleged negligence of any employee of Owner or aforesaid contractor or subcontractor, including but not limited to any claim based on liability without fault for injury caused by defective goods, materials or work supplied by Contractor. Further, A. Contractor 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 damage s),including counsel fees and the costs of defense,which may be imposed or incurred under any federal,state or local law,ordinance or regulation upon or with respect to (i) the payment of compensation to any individual employed by Contractor, (ii) any discrimination against any individual employed by Contractor on the basis of race, color, religion, sex, national origin or physical or mental handicap, (iii) the protection of purchasers and users of consumer products,or(iv)occupational safety and health,and B. In any and all claims against Owner or any of its agents or employees, by any employee of Contractor, 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 under workers' compensation acts, disability benefits acts or employee benefit acts, or other applicable law. Contractor assumes the entire liability for its own negligence and as part of this Purchase Order waives all defenses available to Contractor as an Page 2 of 4 employer which limit the amount of Contractor's liability to Owner to the amount of Contractor's liability under any workers' compensation, disability benefits or employee benefit acts. 10. Cancellation. Time of delivery of this Purchase Order is of the essence and Owner may, by written notice of default to Contractor, cancel the whole or any part of this Purchase Order(i) if Contractor fails to make delivery of the goods or perform the services within the time specified herein or any extensions thereof, or(ii)if Contractor fails to perform or so fails to make progress as to endanger performance there under,and in either circumstance does not cure such failure within a period of two(2) business days after receipt of notice from Owner specifying such failure. Owner, by written notice to Contractor,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 shall be compensated for such canceled as follows: (a) for materials delivered and services performed as the reasonable value as part of the Contract Price; (b) for materials not identified to this Purchase Order and service not perfo rmed, no compensation;and(c)for Contractor's lost profits or incidental or consequential loss,no compensation. 11. Owner's Remedies. Contractor shall,for the duration of its warranties under paragraph 7 herein, at the discretion of Owner and at the expense of Contractor, replace, repair and insure any and all faulty or imperfect goods, materials or work furnished or performed by Contractor there under.In the event Contractor fails to do so,Owner may furnish or perform the same and recover materials from Contractor the cost and expense directly or 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 and any increased cost or expense to Owner in its performance under contracts with others,plus 15%of all such costs or expenses for overhead. The foregoing remedies shall be available in addition to all other remedies available to Owner in equity or at law including the Uniform Commercial Code. 12. Compliance with Laws. During the performance hereunder, Contractor agrees to give all notices and comply with all Laws and Regulations of the United States and/or the State of Illinois applicable to the performance of the Work, including but not limited to those Laws and Regulations 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's compliance with any Laws or Regulations. 13. Prevailing Wage Act Applies.The Owner hereby notifies Contractor and Contractor shall comply with the terms and procedures of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq., and that not less than the prevailing rate of wages as found by the Owner, the Department of Labor or as determined by the court on review shall be paid to all laborers,workers, and mechanics performing work on this Project. To the extent that there are any violations of the Illinois Prevailing Wage Act and any demands are made upon the Owner by the Illinois Department of Labor or by any employee of the Contractor or a Subcontractor performing Work on the Project,the Contractor shall be responsible for indemnifying and holding the Owner free and harmless from all costs, liability or damages incurred, directly or indirectly, by the Owner including attorneys' fees, in responding to and complying with demands made by the Department of Labor or an aggrieved employee and such amounts may be withheld from the payments to be made on the Project. It is the intention that the Owner shall suffer no time loss or other additional expenses in complying with any inquiry made with regard to the Illinois Prevailing Wage Act. 14. Human Rights Act Applies. The Owner hereby notifies Contractor and Contractor shall comply with the terms and procedures of the Illinois Human Rights Act,775 ILCS 10/0.01,et seq. 15. Drug Free Workplace Applies. The Owner hereby notifies Contractor and Contractor certifies that it will provide a drug free workplace and that it is in compliance with the requirements of the Illinois Drug Free Workplace Act. 30 ILCS 580/1, et seq. Upon request, Contractor shall execute a certification in compliance with the Owner's drug-free workplace policy and/or the Illinois Drug-Free Workplace Act as submitted by the Owner to the Contractor. 16. Sexual Harassment.The Owner hereby notifies Contractor and Contractor certifies that it has a written sexual harassment policy which includes (i) the illegality of sexual harassment; (ii) a definition of sexual harassment (iii) a description of sexual harassment, utilizing examples; (iv) an internal complaint process including penalties; (v) the legal recourse, investigative and compliant process through the Illinois Department of Human Rights; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation for exercising rights under the policy in accordance with the Illinois Human Rights Act,775 ILCS 5/1-101,et seq. The Owner and Contractor are subject to the rules and regulations of the Illinois Department of Human Rights and the statutory requirements thereof 17. Veterans Preference Act Applies. In the employment and use of labor, and to the extent required by law,the Contractor shall conform to the Illinois Veterans Preference Act,330 ILCS 55/0.01 et seq. 18. Debarment. The Contractor certifies that it is not barred from bidding on the Work as a result of a conviction for either bid-rigging or bid rotating pursuant to 720 ILCS 5/33E-11. 19. Force Majeure. The parties' duty to perform under this Purchase Order are contingent upon the non-occurrence of an Event of Force Majeure. If either party shall be unable to carry out any material obligation under this Purchase Order due to an Event of Force Majeure,this Purchase Order shall at Owner's election(i) remain in effect but Contractor's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days' notice to Contractor, in which event Owner shall pay Contractor for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of the parties. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm;fire;civil disobedience; pandemic insurrections;riots; labor disputes; labor or material shortages; sabotage;restraint by court order or public authority (whether valid or invalid); and action or non-action by or inability to obtain or keep in force the necessary Page 3 of 4 governmental authorizations, permits, licenses, certificates or approvals if not caused by Contractor; and the requirements of any applicable government in any manner that diverts either the materials to the direct or indirect benefit of the government. 20. Arbitration.Any controversy or claim arising out of or relating to this Purchase Order,or the breach thereof,shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as determined in the exclusive discretion of the Owner,at 333 South Green Street,McHenry,Illinois, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that an arbitration award by default may be entered upon the party failing to appear or defend itself in any arbitration proceeding. 21. Recovery of Fees. In the event of any arbitration of this Purchase Order between the parties, or litigation of this Purchase Order,the non-prevailing party, as determined by the arbiter or court,shall pay all expenses incurred by the prevailing party, including,but not limited to(a)attorneys'fees,(b)filing costs,(c)witness fees,and(d)other general expenses of arbitration or litigation. 22. Controlling Law; Severability.The validly of this Purchase Order or any of its provisions and the sufficiency of any performance there under shall be determined under the laws of Illinois. If any provision or requirement of this 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. ACCEPTANCE OF PURCHASE ORDER The parties, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of all terms and provisions herein contained. Owner: Contractor: By: By: Title: Title: Date: Date: Z:IMIMcHenryCityoflMcHenry Police Dept Buildout Purchase Order.Form.doc Page 4 of 4 V Department of Public Works eft-, Troy Strange, P.E., Director of Public Works 1415 Industrial Drivev6" McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 McHenrwww.cityofmchenry.org or rocc vox morcor, CONSENT AGENDA SUPPLEMENT DATE: August 3, 2020 TO:Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE:Variable Frequency Drive (VFD) replacement, Regional Pumping Station Pump 3 ATT: Advanced Automation & Controls Inc. Invoice # 20-3305 AGENDA ITEM SUMMARY: Staff requests City Council to approve payment of an invoice from Advanced Automation & Controls Inc. of McHenry, IL in the amount of $10,191.22 for the replacement of the Variable Frequency Drive (VFD) for the #3 raw sewage pump at the Regional Pumping Station. BACKGROUND: On November 3, 2019 the Regional Pumping Station experienced several electrical power issues. The circuit breaker and variable frequency drive (VFD) for the large stormwater pump #2 failed and exploded. Emergency repairs to pump #2 circuit breaker and variable frequency drive were made, invoiced and paid for. Also, at that time the VFD) for pump #3 raw sewage pump began making noise and overheating. It was determined that the VFD was failing and should be replaced before critical failure.The VFD for pump #3 was replaced on February 17, 2020. Unfortunately, due to the effects of COVID-19 on business operations,the City of McHenry is only now receiving the invoice for this work. ANALYSIS: Staff have reviewed the invoice and have found the cost to be acceptable. This invoice will be paid for from the Wastewater Division FY2021 operating budget and will not require a budget amendment. 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. RECOMMENDATION: Therefore if Council concurs, staff recommends approval of payment for the Advanced Automation & Controls Inc. invoice # 20-3305 22 in the amount of$10,191. Which will be paid for from the Wastewater Division FY2021 operating budget. 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. Advanced Automation & Controls, Inc. PO BOX 826 InvoiceWheaton, IL 60187 Phone# (815) 578-0655 Invoice # 20-3305 Invoice Date 3/23/2020 Bill To: Due Date 4/22/2020 City of McHenry Project 200014-Operations and Maintenan... 333 S. Green Street P.O. Number McHenry, IL 60050 Serviced Item Description Unit Hrs/Qty Rate Amount 1/15/2020 SAE103 Softwa... Downloading configuration into new VFD at 1 115.00 115.00 Regional Pump Station 1/27/2020 SAE107 Mainte... bldg 20 vfd#3 troubleshooting 5 115.00 575.00 2/17/2020 SAE107 Mainte... bldg 20 vfd#3 replacement 5 115.00 575.00 2/26/2020 SAE103 Softwa... Troubleshooting communication issue with 1 115.00 115.00 Broadway LS Materil: 2/13/2020 ABSERVICE E... AABSERVICE 1 8,811.22 8,811.22 E20G1AND125ANONNNNN/A PowerFlex 755 AC Packaged Drive Total 10,191.22 Payments/Credits 0.00 Balance Due 10,191.22 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center p 3636 Municipal Drive McHenry, Illinois 60050N42F-Ier1J'y'Phone: (815) 363-2160 f1 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation CONSENT AGENDA DATE: August 3, 2020 TO:Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE:Knox Park Tennis Court Light Replacement and Budget Amendment ATTACHMENTS: Replacement quote Budget Amendment Ordinance AGENDA ITEM SUMMARY:The Parks and Recreation Department is seeking approval of a budget amendment in the amount of$12,979.88 for the purchase of replacement LED lights for the Knox Park Tennis Courts. BACKGROUND: The Parks and Recreation Department has recently completed improvements to the Knox Park Tennis Courts by transitioning one tennis court to two pickleball courts. During this overall review of the courts it was discovered that more than half the lights for the courts were non-functioning. Staff explored replacing the outdated high pressure sodium lights with upgraded and more efficient LED light fixtures. ANALYSIS: There are a total of 12 light heads the cover the court. They are the original light heads from the construction of the park in the 1980's. Some of the lights have been damaged broken glass lens covers) and some are no longer sealed allowing water to cause consistent problems with the bulbs and ballasts. The replacement to a more efficient and effective LED light versus repairing consistent problems is the recommended staff direction. A price quote from a local provider for the materials in the amount of$12,979.88 is attached. The replacement itself will be performed by the Parks Maintenance Staff. RECOMMENDATION: If City Council concurs then it is recommended that a motion be made to approve the authorization of a budget amendment in the amount of$12,979.88 and to approve the expenditure in the amount of $12,979.88 to Northwest Electric for the purchase of replacement LED lights for the Knox Park Tennis Courts. NORTHWEST QUOTATION ELECTRICAL SUPPLY Righting an?Accepter DESIGN SPECIFICATION 1111IIIIIIIIIII 11111111010111111111111 2414 West Route 120 northwestelectricalsupply.com Order Number 1141309 McHenry,IL 60051 Order Date 5/26/2020 08:39:05 815.363.1800 Requested Date Page 1 of 1 Quote Expires On 6/25/2020 Bill To: 2557 Ship To: McHenry,City of Mc T120 McHenry,City of Mc T120 333 S.Green St. 333 S.Green St. McHenry,IL 60050 McHenry,IL 60050 US 815-363-2100 PO Number: Knox Park Tennis Courts Carrier Ship Route Taker Job Name: Direct Ship CLP Quantities Pricing Item ID UOM Unit Extended Stock Ordered Allocated UOM g Item Description n. Price Item Remaining Unit Size C Unit Size N 4 0 4 EA LITH.RSXF4-LED-P4-40K-NFL-MVOLT-IS-D EA 1,081.6568 4,326.63 1.0 13031 9 LED Narrow Flood 4000k 76,3641m 1.0 N 8 0 8 EA LITH.RSXF4-LED-P4-40K-NFL-MVOLT-IS-D EA 1,081.6568 8,653.25 1.0 Ike LED Narrow Flood 4000k 76,3641m 1.0 Total Lines: 2 SUB-TOTAL: 12,979.88 TAX: 0.00 AMOUNT DUE: 12,979.88 Received by Delivered by Dale Returns with receipt are accepted within 30 days.Items must be uninstalled,in original packaging,from stock,and resalable. Non-stock items are subject to restocking charges.Custom goods and cut wire are not returnable. ORDINANCE NO. 20- AN ORDINANCE AMENDING THE FY2020/2021 BUDGET FOR THE FISCAL YEAR ENDING APRIL 30, 2021 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 FY20/21 Annual Budget for the Fiscal Year Ending April 30, 2021 by a motion at the Regular City Council Meeting held on April 20, 2020; 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, 2020 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 August, 2020. Ayes Nays Absent Abstain Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Monte Johnson, Deputy City Clerk EXHIBIT A The following budget items are amended by this Ordinance: FY20/21 Developer Donation Fund—280 - $12,979.88 (Knox Park Tennis Court Lights) tor'''. Department of pi-Sri. Economic Development McHenry Municipal Center 4)333 Green Street r McHenry, Illinois 60050 Phone: (815) 363-2170 McHenr Fax: (815) 363-2173 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT TO:Mayor and City Council FOR: August 3, 2020 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE:Facade Improvement Grant Request for 3402 W Elm Street ATT: 1. Pictures of 3402 W Elm Street 2. Application Packet BACKGROUND: The Façade Improvement Grant Program is available to owners of commercial buildings 50 years and older for work which furthers the preservation of historic buildings in an effort to maintain the original design/facade of the structure as much as practical. Below are the basic criteria of the program: 1.Structure must be located within the limits of the City of McHenry, zoned and used for commercial purposes. 2. The structure shall be a minimum of fifty (50) years of age for consideration. 3.All proposed work shall comply with the applicable City, State and National building and preservation codes. 4.All proposed materials and work shall be sensitive and appropriate to the original design and style of the structure. The project should be sensitive to the streetscape and appropriate to the character of the neighborhood. 5. The following types of work will be considered under the grant program: Exterior work, such as painting, tuckpointing, cleaning, remodeling, restoration or rehabilitation on the front façade, or a side or rear facing a major street or public access, i.e. city parking lot. The purpose of a facade grant is to offset a portion of costs expended by property owners which further the preservation of a building and doing the best deemed practical to maintain its original appearance and furthering its historic appeal. Some of the latest facade grants awarded were to the property at 3308 W Elm (Riverside House), 1326 N Riverside Drive (Vinyl Frontier Records)for awning recovering, repair and lettering as well as at 1334 N Riverside Drive (Old Bridge Tavern). I 4...... Department of Economic Development McHenry Municipal Center est allot 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 McHenr Fax: (815) 363-2173 www.ci.mchenry.il.us The grant award was$2,388 and the total work cost was approximately$5,300. Prior grants have been awarded to 1252 N Green in 2011 for$2,800 to remove a dilapidated awning; 3318 W Pearl to install windows; in 2011 ($2,500); and in 2009 a grant for$2,000 was awarded for the property located at 3622 Elm. The work included tuckpointing, painting and replacing damaged brick. ANALYSIS: Attached is an application submitted by Valerie Ziebel at Valerie's Salon, Spa and Boutique. The building is a Queen Anne-style building constructed circa 1896. She is requesting monetary assistance, but no specific dollar amount,to tear off painted wood, replace rotting boards, wrap, insulate and put up new colonial light yellow vinyl siding. She does plan on keeping all crown molding, dentils, and decorative wood shown and will paint that as well to maintain the character of the building. The total amount spent on the project to date is more than $10,000. Staff believes an appropriate grant amount is $2,500. This is a very historic building which requires a lot or work which the applicant has decided to take on and will require more funds than what has already been spent. RECOMMENDATION: Therefore, if the City Council concurs,it is recommended a motion be made to approve a Façade Improvement Grant in the amount of$2,500 for the property located at 3402 W Elm Street. 2 CITY OF MCHENRY LANDMARK COMMISSION FACADE IMPROVEMENT GRANT PROGRAM Application Form Applicant's Name: Vect er 1 e 21 {A9Pi Address: „3i/0Z- c v ELft[ S Phone Day: $/C- 45't - 2.3 I Evening: Building Owner's Name: 01,[ / ,e 1-i -bed Building Owner: inMpusi ess Owner: oth: Structure Name: e,tr /S o f i ( --?7 4 v i z Qu t Address: 311-0 W•c l Date of Original Construction: ( g I(o Builder: ' Historic Photo and Date to be included: Total estimated cost of proposed facade work: $ / o K Attach a copy of three qualified estimates. Proposed schedule of work: Starting Date: it.- a-0 Completion Date: fv -3 0 . 2 0 2Z D Required Attachments: (see criteria) n/ Drawings and specifications of proposed work — /Y•42-bv Photographs of the existing facade Historic photos and data Photographs of adjacent structures Any application without any of the above will not be considered complete and will not be eligible for consideration. All work must be initiated 90 to 120 days after the Landmark Commission has approved it, and completed no later than 1 year after the date of approval. It is the responsibility of the applicant to notify the Commission Chairperson of the progress of the project,particularly when the project work is delayed in any manner. I have read and understand the criteria for approval of the McHenry Landmark Commission Facade Improvement Grant. Applicant Signature Date Ki(/(/ - G •zo2BuildingnerSignatureDate 3 Revised 8/2/06 June 16, 2020 Dear McHenry Landmark Commission: This application and letter are in regards to the facade grant available through the city of McHenry. It was brought to my attention that such a grant exists after the project had commenced. I would, however, ask you to consider my project because, as you know, I have already completed the entire front and back facade, patio and landscaping to beautify and bring safety to our patrons and staff; again not knowing about the grant at that time either. Enclosed you will find pictures of the original building as well as existing and up-close shots of the work that needs to be done. As requested there are also photos of adjacent structures. Forgive me for not getting three quotes but a) a good friend of mine is doing the work cheaper than anyone could and b) I didn't know there was a grant so, of course, I am doing the work as economical possible. The siding quote is attached and already paid in full. The siding was painted over prior to my purchase of the building and they painted right over the peeling paint. There are boards missing, no insulation and no building wrap. I have already replaced 30 windows but the wind still blows through the building to no avail. When we replaced the front and back porch all the wood was rotted and there still continues to be rotting wood throughout the siding. The job to be completed is: tear off painted wood, replace rotting boards, wrap, insulate and put up new colonial light yellow vinyl siding. We plan on keeping all crown moulding, dentils, and decorative wood shown and will be painting that to keep the character of the building. With that being said, we hope that you will consider granting us funds in the restoration of this beautiful building. Thank you in advance for your consideration. Sincerely, Kje/z,f_t_.; ...„ 7 C.-- &-IWValerieZiebel 815-451-2331 Owner, Valerie's Salon 3402 W Elm St. McHenry, IL 60050 vitie-vh. 11, .I NOM ei. 4. 1' : lirA__• : g ' g oww o ta .. y M A t• w.f Om •i f CI a u ihm A • ir:#do iffi 1. 441. ': VI"? . ' • Mm le., !b410i t iir N lit•4 1 1. %., e 4 • . if!,. , q R k. , , 4 thgr;f. ' i v 4 1* i , - 4 • i flip Wilk . ...1‘ 464P u to • • . : 200, I, 4 . i .. ito 66 ik ID w • E 4 i' A/vA w • tr. 4. I 0° IP• quilitern 1 7. 5 im — rk 0 t.,.. s.\ r 40144. •i t . ij . t ill:01, ..cith1 ......O s 1 ... i It tt I S ..". i. .1 ? 1 2 - allormim•-•16, , 111•••__ Ala 0 .•.. • , p BRANCH: Superior Service-Quality Products-On-Time Delivery-Brands You Want Aarlas, 405 S BARRINGTON RD This Quotation is subject to the Terms and Conditions set forth on the reverse side. This Quotation is NOT VALID for purchases made beyond WAUCONDA IL thirty(30)days of issuance unless signed by an officer or branch Supply Co. inc. 60084-2436 manager of ABC Supply in addition to the signature of an ABC Supply salesman or other ABC Supply representative. 847)487-7810 QUOTATION CUSTOMER: SHIP TO: CASH SALES WAUCONDA 406 RANDY LIVELY 406 3402 W ELM ST WAUCONDA IL NO RETURNS W/O RECEIPT MCHENRY IL 60050 SLS#OT# PAGE 1 QUOTE NO. CUSTOMER ORDER NO. SHIP VIA CUSTOMER NO. TERMS QUOTE DATE EXP.DATE 4125701 RANDY LIVELY OTG 45145400 CASH ON DELIVER 6/15/20 7/15/20 111\1 IIINI III S( RIP I AI I Di I II I \IF I)I I) I \\III1P' I \IlII.lt i I'Itl( I Nth I CH t NGE ORDER TYPE: QUOTE 02 QUOTE CID IT 6/13/20 FROM 406 22MTQU4CYP MT QUEST D4 COLONIAL YELLOW QT40 PL 252 8.75 2205.00 26AXJ78ICY MT 7/8 J 1"FACE COL YELLOW MVJO71 PC 80 6.50 520.00 26MTTRFICY MT FINISH TRIM COL YELLOW MFT PC 10 4.10 41.00 ASS25ML ALUM STARTER STRIP 2.5" 10' PC 20 5.75 115.00 2875697526 SEALANT VOC QUAD#602 YELLOW 10OZ TB 12 7.19 86.28 99MIDELCRG DELIVERY CHARGE EA \ 1 50.00 50.00 SUBTOTAL 3017.28 Salesman or other ABC Supply Representative Branch Manager or ABC Supply Officer FREIGHT 00 Title: Title: EST.SALES TAX 207.71 Duration: QUOTE TOTAL(U.S.) 3224.99 www.abcsupply.com www.abccatalog.com BRANCH: Superior Service-Quality Products-On-Time Delivery-Brands You Want 405 S BARRINGTON RD This Quotation is subject to the Terms and Conditions set forth on the reverse side. This Quotation is NOT VALID for pp_urchases made beyond WAUCONDA IL thirty(30)days of issuance unless signed by an officer or branch Supply Co. inc. manager of ABC Supply,in addition to the.signature of an ABC Supply 60084 2436 salesman or other ABC Supply representative. 847)487-7810 QUOTATION CUSTOMER: SHIP TO: CASH SALES WAUCONDA 406 RANDY LIVELY 406 3402 W ELM ST WAUCONDA IL NO RETURNS W/O RECEIPT MCHENRY IL 60050 SLS#OT# PAGE I QUOTE NO. CUSTOMER ORDER NO. SHIP VIA CUSTOMER NO. TERMS QUOTE DATE EXP.DATE 4125701 RANDY LIVELY OTG 45145400 CASH ON DELIVER 6/15/20 7/15/20 III \1 I \11 I \11 \UF.1> II \lIII \( RIPIII)N iI \I I I), III \\I11\t 1 \IIII It V I I I'Itlt l' NW I CHANGE ORDER TYPE: QUOTE 02 QUOTE MD IT 6/13/20 FROM 406 22MTQU4CYP MT QUEST D4 COLONIAL YELLOW QT40 PL 252 8.75 2205.00 26AXJ78 ICY MT 7/8 J 1"FACE COL YELLOW MVJO71 PC 80 6.50 520.00 26MTTRFICY MT FINISH TRIM COL YELLOW MFT PC 10 4.10 41.00 ASS25ML ALUM STARTER STRIP 2.5" 10' PC 20 5.75 115.00 2875697526 SEALANT VOC QUAD#602 YELLOW 1OOZ TB 12 ' 7.19 86.28 99MIDELCRG DELIVERY CHARGE EA \ 1 50.00 50.00 SUBTOTAL 3017.28 Salesman or other ABC Supply Representative Branch Manager or ABC Supply Officer FREIGHT 00 Title: Title: EST.SALES TAX 207.71 Duration: QUOTE TOTAL(U.S.) 3224.99 www.abcsupply.com www.abccatalog.com Q7alerres Ca-lan LABOR COST- ESTIMATE 3402 W. Elm Street Tear off old siding Replace any rotting boards Wrap building Insulate building RESIDE entire building Wrap where needed Fix any dentils and decorative boards Paint where necessary Removal of all debris Remove signage and replace with removable sign backing for future owner Approximate cost $7000 1.0 Ilk J 4 ":\ If"; _ iir 41111 l' ir kiki! - _I ii - ij1 iiiiihti ' 1 , = 4111 NMI ;.,. . : . Ian ley n 'tyswt 4- - l-`_ iA.,7:4 i r4Yvac • elk. .h " '4 x . I 6PfSTOF A e, rAirWfView 1 5 11 1 I .11111113 11•1 stir.} r 11 . - ,.. . WrRt K j j1 Y 1 ..::•. ..4. ,-,. i .. ., i . •••, I • 7 irlii 1.77::-. 11‘' Wt. ._ 7,',.:4, —- . irral4T.:11111411 00445 A41d.alc 4,27 ._ • ' i: 1 } c.•..,.,t--.,;'*;1.., r' 44, 4, ilii:`,'. ..,....,7,41.; N, . ......t*• 1 t,......d.0 PI i';I: i.1'0%211, '',,. •'...: 1:1 ' ilPlii“ t .7- *.'ir,•.•" S.:" t..Z...--...'..:_ NI ".'"',.......... z.. *. • 1,....._ --....*, s.. 14411/4. -...,-. 41........ 7..s. 4.... ASS 1.1,.......... . 7,• r_ .:-,7 ' i t . 4'Ar'44- L • 77% '..4 .." !...:--. x...,-;::' -, - 4S.- ir," Ir•N,.7%.......-4.::,..." s. T.. c•3- vitIll . t,_„ ‘ ',‘-' k_•, . P. i imixi. fr, lir 1hi u' I I11..... -• 7 • s. NIL. 4-,• 3, , ;;..,. .., v' 16. N -Z._ :r— ... .'" - .' ' 'lb . 4., , • 10 y1v r 1 . s,* 14..,. . l. ' , 1 4 •••,.. 4 ' 1 ' •If". lo, I, ..1 10 2 S.1 re e .." . t N. 4_ I"..- ' .s• '. .I' t it . 111. t ., elie t. , ' ". -'- . •••-. . ,. ,1..-. 1 ' ' •• '`•—t-•-'1' 1.4."1",• li•4-fp, . 4,140.000. e , „ . ..,,,. v. t... v ' , . 4. *1 i -4 ' • •,, ', . ' 40, 1 1 . ,1, '. ,• 'T ' A(. v.' I,.r 1, o 41641r. 0..... vs+ . • /: 7/:,/r 1"- kt:.------- K.5S 1'1,5 1' . 10 • 01.011111111. l• P 41,4 111hIl1I. 11 I I yr;71111111?-' - z.,..... 4 t. 10* 1-".' 1“• 0146* N, - .'''.4 I. 14„ -..:,./ 1 . ' .re • i ,3,...4.s .., _ 4,13 2. tfcr"e -'.ft•"INI. 4 A4AL .- '-.:" ' '.7 Z;rf•'4`,...'4"--Tr.,- '' 5' :•, .. ..* ,...-*.i5itC- ?N44''''71:1:r:•i-.."*... v Monte Johnson Deputy City Clerk 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 McHenr Fax: (815) 363-2119 mjohnson@cityofmchenry.org 0I TMC IOR RVCR CONSENT AGENDA ITEM DATE: August 3, 2020 TO:Mayor and City Council FROM: Monte Johnson RE:Block Party Request ATT: Application AGENDA ITEM SUMMARY: An application has been submitted by Stephanie Rhine &Justin Settles for the purpose of holding a block party on Friday, August 28th, between 4:00 p.m. and 11:00 p.m. They are requesting temporary closure of Almond Lane from 3234 to 3218 Almond Lane. The applicant did note that this is for a small wedding reception and not a full neighborhood party. The Public Works and Police Department were contacted regarding this request and neither had an issue with the approval. 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. COVID-19 Issue: The applicants have been made aware that they must follow all guidelines from the State of Illinois Governor's office regarding gatherings and social distancing protocols. At present time, no more than 50 people are permitted to gather. This is per Phase 4 guidelines. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve the block party request as presented. Public Works will provide barricades and the McHenry Township Fire Protection District and Police Department will be notified of the event. The City of McHenry is dedicated to providing its citizens,businesses,and visitors with the highest quality ofprograms and services in a customer-oriented,efficient,and fiscally responsible manner. 14/2020 2 : 16: 19 PM CT U. S. Bank 18479738096 P. 1 of 1 Block Party Pei mit Application Revised 6/19 CTICNIY\ 1 Q vh/L i). ck SAApplicationsubmittedbyii n 3e-1-Re( Street Address:32->4 t Yl aPen n i 1 Date Submitted: l' 60 NOTE: PLEASE SUBMIT YOUR APPLICATION TO THE ADMINISTRATION OFFICE AT LEAST 30 DAYS PRIOR TO DATE OR POPOSED BLOCK PARTY Date of Block Party: Cu , IL( 1. afc,c1 20 Hours of Proposed Str et Closure: ( } a. ./p.m. til I/ i a.m./ Subdivision Name: C Pa ..V J i' Specific Location of Proposed Street Closure(i.e.from what intersection to what intersection): 2 p Street from& LI U 3/L to &2i 1 K Gimp!O rid Contact Person(s): '` ,( 1 T_ hirle Contact Person(s)Address: 3 2Z11 clf 1 Y u i tit V Email: I hereby certify all persons in my neighborhood impacted by the closure of this street have been notified of same. Signed:JCQ 21/L1J'II Date. I 41 1ftn UPON COMPLETION,PLEASE SUBMIT APPLICATION TO:. CITY OF MCHENRY ADMINISTRATION OFFICE 333 SOUTH GREEN STREET MCHENItY IL 60050 OR FAX:815-363-2119 OR E-MAIL: mjohnson@cityofmchenry.org OFFICE USE ONLY COUNCIL APPROVAL ON: / / NOTIFICATION MADE TO: MCHENRY POLICE DEPT. Cl MCHENRY PUBLIC WORKS STREET DIVISION o McH TOWNSHIP FIRE PROTECTION DISTRICT O APPLICANT City of McHenry Council Meeting Minutes 7.20.20 McHenr MINUTES REGULAR CITY COUNCIL MEETING Monday, July 20, 2020, 7:00 p.m. McHenry Municipal Center — Council Chamber 333 S. Green Street, McHenry, Illinois 60050 Call to Order: The City Council of the City of McHenry, Illinois, met in regular session on Monday, July 20, 2020, at 7:00 p.m. in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL. Roll Call: Mayor Jett called the roll call. Members present: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding- absent, Alderman Mihevc, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Interim Director of Public Works Strange, Director of Community Development Polerecky-absent, Finance Director Lynch-absent, Director of Parks and Recreation Hobson-absent, Director of Economic Development Martin, Chief of Police Birk, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge. Public Comments: None Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. An Ordinance amending MC-19-1197, Video Gaming License Fees; (City Administrator Morefield) — Pulled separate by Alderman Santi There would be a $1,000 charge for each machine and establishment per Attorney McArdle wanting to make a further change. Would like it to read that the terminal operator is responsible for $1,000 as the establishment fee, the other fee would be the $500 charge to the operator and another charge to the establishment of$500. Nonprofits would be a charge of$250 for the operator fee and the establishment fee would also be $ 250. This would be the new proposed edit to the verbiage. Alderman Schaefer asked some follow up questions regarding the operator's price. It would basically be split 50/50. Administrator Morefield, stated some of the language regarding the operators price became muddled and the reasoning is that they wanted to clarify the operators cost. Chief Birk described this as the first year that the fee has changed, or the first round that the ordinance has changed. The language needed is to clarify and clean up that it's the operators that are responsible, for paying for the licenses. The operators were never collected from, therefore that is why the language was needed to be clarified. 1 City of McHenry Council Meeting Minutes 7.20.20 Attorney McArdle passed out this information to The Council. Language clarification will be to The Council from Attorney McArdle this week. A motion was made by Alderman Santi and seconded by Alderman Glab to approve Consent Agenda Items as presented: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman Harding-absent, Alderman Glab, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 1- nays- Alderman Schaefer, 0-abstained. Motion carried. No public comments. B. Waive competitive bidding and accept the proposal from MG Mechanical of Woodstock, Illinois for boiler replacement and radiator installation in the step screen building at the South Wastewater Treatment Plant in an amount not to exceed $26,600; (Public Works Director Strange) C. Transmittal of FY19/20 Year End Budget Report; (City Administrator Morefield) D. McHenry Parks & Recreation Facilities & Special Use Permit Requests; E. June 15, 2020, City Council Meeting Minutes; F. Issuance of Checks in the amount of$174,926.25; G. Issuance of As Needed Checks in the amount of$1,162,551.19. A motion was made by Alderman Santi and seconded by Alderman Schaefer to approve Consent Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab, Alderman Harding-absent, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0- nays, 0-abstained. Motion carried. No public comments Individual Action Item Agenda: A. Motion to approve or deny a Class B Liquor License to Miller's Diner, 3918 Main Street; and if approved, the adoption of an ordinance increasing the number of Class B Liquor Licenses from 18 to 19. (Mayor Jett) Owner of Kim & Patty's, Kim was present to answer any questions since. Alderman Santi wanted to know how long she had already been established as a business owner in the community, she has owned Kim & Patty's for ten years and has lived here all her life. She had requested gaming and liquor in the new facility. Alderman Schaefer inquired if she needs the gaming in her new location to survive as a business. Kim stated that as of now she would say yes because it would help support her in an emergency and allow her to help pay others in her business. No public comment. A motion was made by Alderwoman Miller and seconded by Alderman Mihevc to approve Individual Agenda items as presented. Roll Call: Vote:6-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. 5 City of McHenry Council Meeting Minutes 7.20.20 B. Motion to approve or deny a Video Gaming License to Miller's Diner, 3918 Main Street, contingent on the action taken on Agenda Item 5.A. (Mayor Jett) Alderman Santi asked if Kim would have signage regarding gaming, Administrator Morefield stated that he will meet Kim regarding a checklist regarding regulations, no signs should be visible outside towards the street. Kim stated that she will not want signage, has intent to partition off the eating area and video gaming. Alderman Devine asked if there will be a full menu it was confirmed yes. Alderman Santi likes the fact that Kim is an established owner for over 10 years and would like to support her in the new location, Alderman Glab stated otherwise regarding the gaming. Alderman Schaefer stated that she has been established here we are looking at her situation as a one on one basis. A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve Individual Agenda items as presented. Roll Call: Vote: 5-ayes: Alderman Santi, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 1-nays- Alderman Glab, 0-abstained. Motion carried. C. Motion to approve a Professional Services Agreement for design services for the demolition of the former Central Wastewater Treatment Plant to HR Green, Inc. in an amount not to exceed $36,990; and the approval of an ordinance amending the FY20/21 General Fund Budget in the amount of $36,990. (Public Works Director Strange) Director of Public Works Strange presented this item. There is a limited time frame to get this done and wants to move forward in the fall. Alderman Glab is glad to see this moving forward, thanked Director Strange of Public Works. A motion was made by Alderman Schaefer and seconded by Alderman Santi to approve Individual Agenda items as presented. Roll Call: Vote:6-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. D. Motion to approve a Professional Services Agreement for the completion of a Conditional Letter of Map Revision Based Upon Fill (CLOMR-F) to Christopher B. Burke Engineering Ltd. in an amount not to exceed $49,155; and the approval of a an ordinance amending the FY20/21 General Fund Budget in the amount of $49,155. (Public Works Director Strange) Presented by Director Strange, Christopher Burke Engineering was explained, skills set with water resources and they do support other towns. Felt that Burke was the company that they are confidant in. Alderman Schaefer asked for further information. No other comments. A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve Individual Agenda items as presented. Roll Call: Vote:6-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. 5 City of McHenry Council Meeting Minutes 7.20.20 E. Motion to approve the implementation of a City of McHenry Commercial Tenant Incentive Grant Program. (Economic Development Director Martin) Explained by Director Martin sales tax rebate that is generated by small businesses, they can apply for a matching grant $150,000 in gross sales tax per year. New retailer$10,000 incentive that they have to match. Alternative program existing retail expansion and relocation by 20% gross floor area and there's a sliding scale of funds $5,000- $20,000, three year grants, targets small businesses. Have to meet $150,000 tax in the year. The Council has the supplement that was provided to them. It helps support small business get some kind of incentives. There is a claw back provision. Alderman Schaefer asked what to do if you are land locked, the only solution is to move to a larger building. Some discussion went on regarding this item. A motion was made by Alderman Schaefer and seconded by Alderman Mihevc to approve Individual Agenda items as presented. Roll Call: Vote:4-ayes: Alderman Santi, Alderman Schaefer, Alderman Harding-absent, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 1-nays- Alderman Glab, 0-abstained. Motion carried. F. Motion to approve the 5th continuation of the local disaster emergency for the City of McHenry pursuant to Section 6-1-14, Declaration of Local Emergency, of the Municipal Code to August 17, 2020. (Attorney McArdle) A motion was made by Alderman Santi and seconded by Alderman Miller to approve Individual Agenda items as presented. Roll Call: Vote:6-ayes: Alderman Santi, Alderman Schaefer, Alderman Harding-absent, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 1-nays- Alderman Glab, 0-abstained. Motion carried. Discussion Items: A. Conceptual Presentation and Discussion — Residences of Stonewood Subdivision- Mayor Jett stated that this discussion item has been removed. Staff Reports: None Mayor's Report: None City Council Comments: Alderman Santi reminded The Council of the August 25th public works meeting, discussing draining issues around town 6pm. 5 City of McHenry Council Meeting Minutes 7.20.20 Executive Session: Not at this time. Adjourn: A motion was made Alderman Schaefer and seconded by Alderwoman Miller to adjourn the meeting at 8:06 PM. Roll Call: Vote:6-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding-absent, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried. X X Mayor Wayne Jett City Clerk Trisha Ramel 5 Expense Approval Register McHenry, IL List of Bills Council Meeting 8-3-2020 M Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: AEP ENERGY AEPENERGY INV0010261 08/03/2020 UTIL 100-33-5520 26,981,70 AEP ENERGY INV0010261 08/03/2020 UTIL 100-42-5510 235,11 AEP ENERGY INV0010261 08/03/2020 UTIL 100-44-5510 49,84 AEP ENERGY INV0010261 08/03/2020 UTIL 100-45-5510 463,50 AEPENERGY INV0010261 08/03/2020 UTIL 100-46-5510 25,93 AEP ENERGY INV0010261 08/03/2020 UTIL 400-00-5510 2,127.38 AEP ENERGY INV0010262 08/03/2020 UTIL 510-31-5510 2,919.43 AEPENERGY INV0010262 08/03/2020 UTIL 510-32-5510 1,213.34 Vendor AEP ENERGY Total: 34,016.23 Vendor: ALLIANCE CONTRACTORS INC ALLIANCE CONTRACTORS INC 1417089 08/03/2020 FIDUCIARY INV 20-21 760-00-5110 41617,00 Vendor ALLIANCE CONTRACTORS INC Total: 4,617.00 Vendor: AQUA AMERICA AQUAAMERICA MS-2507883 08/03/2020 READS FROM 5/20-7/19-2020 510-32-5110 161,10 Vendor AQUA AMERICA Total: 161,10 Vendor: BAKER & SON CO, PETER BAKER & SON CO, PETER 29907 A O8/03/2020 SURF 510-35-6110 356,04 BAKER & SON CO, PETER 29907 08/03/2020 SFC 100-33-6110 55,20 BAKER &SON CO, PETER 30045 08/03/2020 HMASFC 100-33-6110 58,42 Vendor BAKER & SON CO, PETER Total: 469,66 Vendor: BANK OF NEW YORK MELLON, THE BANK OF NEW YORK MELLON, 252-2308097 08/03/2020 ADMIN FEE, EXP 300-00-7300 117.35 BANK OF NEW YORK MELLON, 2522308097 08/03/2020 ADMIN FEE, EXP 510-31-7300 310.65 Vendor BANK OF NE W YORK MELLON, THE Total: 428,00 Vendor: BANTNER, JENNIFER BANTNER, JENNIFER 269640 08/03/2020 CXL PGM 100-41-3634 60,00 Vendor BANTNER, JENNIFER Total: 60,00 Vendor: BENSON ELECTRICAL CONTRACTING, INC BENSON ELECTRICAL 2301 07/29/2020 JUNE 2020JANITSVS PW 100-33-5115 250,00 BENSON ELECTRICAL 20-319 08/03/2020 ELEC PD 2ND FLR 100-01-8200 17,210.00 Vendor BENSON ELECTRICAL CONTRACTING, INC Total: 17,460,00 Vendor: BOLAND, KIM BOLAND, KIM 269642 08/03/2020 CXLPOLO, UPD PGM START 100-41-3634 82,50 Vendor BOLAND, KIM Total: 82,50 Vendor: COMED COMED INV0010263 08/03/2020 UTIL 100-33-5520 25,10 COMED INV0010263 08/03/2020 UTIL 100-45-5510 52,41 COMED INV0010264 08/03/2020 UTIL 510-32-5510 58,18 COMED INV0010264 08/03/2020 UTIL 510-32-5510 2,474.72 Vendor COMED Total: 20610,41 Vendor: CONDUENT HR CONSULTING LLC CONDUENT HR CONSULTING 2449150 08/03/2020 JUNE 2020 SERVICE FEES 600-00-6960 65.25 Vendor CONDUENT HR CONSULTING LLC Total: 65.25 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY INV0010265 08/03/2020 UTIL 100-33-5520 26,533.24 CONSTELLATION NEWENERGY INV0010265 08/03/2020 UTIL 100-42-5510 452.30 CONSTELLATION NEWENERGY INV0010265 08/03/2020 UTIL 100-44-5510 49.84 CONSTELLATION NEWENERGY INV0010265 08/03/2020 UTIL 100-45-5510 348.92 CONSTELLATION NEWENERGY INV0010265 08/03/2020 UTIL 100-46-5510 19,89 7/29/2020 2:31:25 PM Expense Approval Register Vendor Name Payable Number CONSTELLATION NEWENERGY INV0010266 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 5508025215.004 CRESCENT ELECTRIC SUPPLY CO 5508025215.005 CRESCENT ELECTRIC SUPPLY CO 5508025215.006 CRESCENT ELECTRIC SUPPLY CO 5508025215.008 Vendor: DEKA, IULIE DEKA,JULIE 269598 Vendor: FIEDLER, STEVE FIEDLER, STEVE 269616 Vendor: FLORES-RUBI, JENNA FLORES-RUBI, JENNA 269847 Vendor: FOX VALLEY FIRE &SAFETY FOX VALLEY FIRE &SAFETY IN00366472 FOX VALLEY FIRE &SAFETY IN00367432 Vendor: GOVERNMENT FINANCE OFFICERS ASSOCIATION GOVERNMENT FINANCE 2075702 Vendor: HLR HLR 20201136 HLR 20201134 Vendor: HRGREEN HRGREEN 135824 HRGREEN 135850 Vendor: INDUSTRIAL/ORGANIZATIONAL SOLUTIONS LlC INDUSTRIAL/ORGANIZATIONAL C47979A Vendor: KRIEGER, DEENA KRIEGER, DEENA 269662 Vendor: LOBUE, JESSICA LOBUE,JESSICA 269666 Vendor: MCHENRY COUNTY DIV OF TRANSPORTATION MCHENRY COUNTY DIV OF CI00020759 Vendor: MENDYK, KATHLEEN MENDYK, KATHLEEN 269326 Vendor: MENDYK, LAURA MENDYK, LAURA 269327 Vendor: NICOR GAS MOOR GAS INV0010267 NICOR GAS INV0010267 MOOR GAS INV0010267 MOOR GAS INV0010267 Packet: APPKT01879 - 8-3-2020 AP CKS Post Date Description (Item) Account Number Amount 08/03/2020 UTIL 510-32-5510 53.25 Vendor CONSTELLATION NEWENERGY INCTotak 27,457,44 OS103/2020 ELEC 100-01-8200 11669,11 O8103/2020 ELECCONTROLS 100-01-8200 74,89 O8103/2020 ELEC 100-01-8200 209,21 OS/03/2020 CONTROLS 100-01-8200 152,56 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 20105.77 OS/03/2020 CHG REGISTR 100-41-3634 11.00 Vendor DEKA, JULIE Total: 11,00 08/03/2020 PASS CXL 400-40-3652 216.00 Vendor FIEDLER, STEVE Total: 216,00 08/03/2020 CXL LESSONS 100-41-3634 40,00 Vendor FLORES-RUBI, JENNA Total: 40.00 O8103/2020 MU RADIO MAINT 5/16- 225-00-5110 1,371.50 OS/03/2020 VFW RADIO INSTALL 225-00-5110 195,00 Vendor FOX VALLEY FIRE & SAFETY Total: 10566,50 07/28/2020 MSHIP BEN LYNCH 100-04-5410 225,00 Vendor GOVERNMENT FINANCE OFFICERS ASSOCIATION Total: 225.00 07/28/2020 BARREVILLE RD WING WALL 100-01-8900 10,530,00 OS/03/2020 PHASE 1 BV BIKE PATH 440-00-8900 1,417,50 Vendor HLR Total: 11,947,50 O8/03/2020 MCHENRY VfW RET PERS 740-00-5220 185.00 O8/03/2020 SITE REDEV REVIEW 740-00-5220 185.00 Vendor HRGREEN Total: 370.00 08/03/2020 EXAM FORM 100-21-5110 463,00 Vendor INDUSTRIAL/ORGANIZATIONAL SOLUTIONS LLCTotal: 463,00 OS/03/2020 CXL 100-41-3634 40,00 Vendor KRIEGER, DEENA Total: 40.00 08/03/2020 CXLSESSION2 100-41-3634 40.00 Vendor LOBUE, JESSICA Total: 40,00 OS/03/2020 MC RIDE 1/1-12/31/2020 100-01-5110 8,435.00 Vendor MCHENRY COUNTY DIV OF TRANSPORTATION Total: 8,435.00 08/03/2020 CXL 100-41-3636 48,00 Vendor MENDYK, KATHLEEN Total: 48.00 D8/03/2020 CXL 100-41-3636 43.00 Vendor MENDYK, LAURA Total: 43.00 08/03/2020 UTIL 100-42-5510 996,44 08/03/2020 UTIL 100-43-5510 114,09 OS/03/2020 UTIL 100-45-5510 298,66 OS/03/2020 UTIL 100-46-5510 51.98 7/29/2020 2:31:25 PM Expense Approval Register Packet: APPKT01879 - 8-3-2020 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount MOOR GAS INVO010269 08/03/2020 UTIL 510-31-5510 1,582.20 NICOR GAS INVO010268 08/03/2020 UTIL 510-32-5510 4,548,96 Vendor NICOR GAS Total: 7,592.33 Vendor: PAGELS, NIKKI PAGELS, NIKKI 269693 08/03/2020 NEW STARTS/3 100-41-3634 68,00 Vendor PAGELS, NIKKI Total: 68.00 Vendor: PERRY, JENNY PERRY, JENNY 269650 08/03/2020 CXLPOLO 100-41-3634 60,00 Vendor PERRY, JENNY Total: 60,00 Vendor: SCHULTZ, LISA SCHULTZ, LISA 269656 08/03/2020 NEWSTARTDATE 100-41-3634 19.00 Vendor SCHULTZ, LISA Total: 19,06 Vendor: SECTION 8 DOORS & HARDWARE INC SECTION 8 DOORS& 8826 08/03/2020 DOOR FRAMES PD 100-01-8200 900.00 Vendor SECTION 8 DOORS & HARDWARE INC Total: 900,00 Vendor: TECHNOLOGY MANAGEMENT REV FUND TECHNOLOGY MANAGEMENT T2033644 08/03/2020 IWIN SERVICE 620-00-5110 10.00 Vendor TECHNOLOGY MANAGEMENT REV FUND Total: 10.00 Vendor: TRANE US INC TRANE US INC 310758940 08/03/2020 COMPLWORK 100-01-8200 11,479.00 TRANE US INC 310758940 08/03/2020 COMPLWORK 440-00-8200 5,952.00 TRANE US INC 310925634 08/03/2020 COMPLWORK 440-00-8200 115,831.50 TRANE US INC 310886911 08/03/2020 WORKCOMPL 440-00-8200 81566,50 Vendor TRANE US INCTotal: 141,829.00 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 077665 08/03/2020 VEH 220 100-01-8300 1,029.65 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 1,029.65 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 419430210 08/03/2020 PW RICOH 620-00-6210 369,83 Vendor US BANK EQUIPMENT FINANCE Total: 369,83 Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILL CO 6271 08/03/2020 SLUDGE 510-32-5580 1,465.28 Vendor WINNEBAGO LANDFILL CO Total: 1,465.28 Vendor: WORKPLACE SOLUTIONS WORKPLACE SOLUTIONS INV19681 08/03/2020 FAR SVS 4/1-4/30/20 100-05-5110 450,42 Vendor WORKPLACE SOLUTIONS Total: 450,42 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD& 144254 08/03/2020 CORP 100-01-5230 81695,00 ZUKOWSKI ROGERS FLOOD& 144255 08/03/2020 SUVADA, VERA ANN/3709 100-01-5230 92,50 ZUKOWSKI ROGERS FLOOD & 144256 08/03/2020 TRAFFIC 100-01-5230 5,572.10 ZUKOWSKI ROGERS FLOOD & 144257 08/03/2020 COVID 100-01-5230 4,070,00 ZUKOWSKI ROGERS FLOOD& 144258 08/03/2020 COVID-19 LAWSUIT 100-01-5230 11071,46 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 1%501.06 Grand Total: 286,272.93 7/29/2020 2:31:25 PM Expense Approval Register Packet: APPKT01879 - 8-3-2020 AP CKS Fund Summary Fund 100-GENERAL FUND 225-ALARM BOARD FUND 3DO- DEBT SERVICE-1997A FUND 4DO- RECREATION CENTER FUND 440 - CAPITAL IMPROVEMENTS FUND 510- WATER/SEWER FUND 600- EMPLOYEE INSURANCE FUND 620- INFORMATION TECHNOLOGY FUND 740 - RETAINED PERSONNEL ESCROW 760-POLICE PENSION FUND Expense Amount 129,902,97 1,566.50 117,35 21343,38 131,767,50 15,143.15 65,25 379,83 370.00 4,617.00 Grand Total: 286,272.93 Account Summary Expense Approval Register McHenry, IL #2 List of Bills Council Meeting 8-3-20 L Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: A -ABLE ALARM SERVICE INC A -ABLE ALARM SERVICE INC 66856 08/03/2020 Public Washroom repairs 100-45-5110 1,050.78 Vendor A -ABLE ALARM SERVICE INC Total: 1,050.78 Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, RA S026977 08/03/2020 425 100-33-5370 98.00 Vendor ADAMS ENTERPRISES INC, R A Total: 98.06 Vendor: ADAMS STEEL SERVICE & SUPPLY, INC ADAMS STEEL SERVICE& 363643 08/03/2020 Steel Material-Aeratorll4 510-32-6110 65,00 ADAMS STEEL SERVICE& 363676 08/03/2020 Misc Supplies 510-32-5380 37,00 Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total: 102,00 Vendor: ADVANCED AUTOMATION AND CONTROLS INC ADVANCED AUTOMATION AND 20-3359 08/03/2020 Sonic wail upgrade & support 510-32-6110 1,656,80 Vendor ADVANCED AUTOMATION AND CONTROLS INC Total: 1,656.80 Vendor: ADVANCED TURF SOLUTIONS ADVANCED TURF SOLUTIONS S0849133 08/03/2020 Landscape Supplies 100-45-6110 327,56 Vendor ADVANCED TURF SOLUTIONS Total: 327,56 Vendor: ALEXANDER EQUIPMENT COMPANY INC ALEXANDER EQUIPMENT 166455 08/03/2020 clutch 445 100-33-5370 11018,90 Vendor ALEXANDER EQUIPMENT COMPANY INC Total: 11018,90 Vendor: AT&T AT&T 29 184 7/19/20 08/03/2020 AT&T Network On Demand 620-00-5110 1,510.58 AT&T 29 184 7/19/20 08/03/2020 AT&T Monthly Phone Invoice 620-00-5320 354,02 AT&T 96157-19-20 08/03/2020 AT&T Fiber Internet LOOM 620-00-5110 1,129.25 AT&T 9662 08/03/2020 Voice Over lP -IP-Flex 620-00-5320 367,72 Vendor AT&T Total: 31361,57 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC 304374 08/03/2020 806 510-35-5370 625.52 AUTO TECH CENTERS INC 661.48 08/03/2020 310 100-22-5370 661.48 Vendor AUTO TECH CENTERS INC Total: 1,287.00 Vendor: BUSS FORD SALES BUSS FORD SALES 6064035 08/03/2020 WATER PUMP 322 100-22-5370 3,076.23 BUSS FORD SALES 6065763 08/03/2020 332 100-22-5370 1,895.91 Vendor BUSS FORD SALES Total: 41972,14 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 62933 08/03/2020 Park bathroom Supplies 100-45-6110 635.86 CABAY & COMPANY INC 62979 08/03/2020 Recreation Center Supplies 400-00-6110 417,71 CABAY & COMPANY INC 63027 08/03/2020 WIPESANDGLOVES 100-03-5120 148,58 Vendor CABAY& COMPANY INCTotah 11202,15 Vendor: CASEY EQUIPMENT COMPANY CASEY EQUIPMENT COMPANY C21944 08/03/2020 450 100-33-5370 567,76 Vendor CASEY EQUIPMENT COMPANY Total: 567,76 Vendor: CE SOLING & ASSOCIATES, LLC CE SOLING & ASSOCIATES, LLC 1148 08/03/2020 Dryer Feed Pump -Lobes 510-32-5375 881.43 Vendor CE SOLING &ASSOCIATES, LLCTotal: 881,43 Vendor: CINTAS CINTAS 5020147986 08/03/2020 Cintas Rec Center First Aid Kits 400-00-6130 144,93 Vendor CINTAS Total: 144,93 Vendor: CONSERV FS CONSERV FS 65100287 08/03/2020 grass seed 100-33-5110 188.50 Vendor CONSERV FS Total: 188,50 7/29/2020 2:46:36 PM Expense Approval Register Packet: APPKT01880 - 8-3-20 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: CORKSCREW GYMNASTICS & SPORTS ACADEMY CORKSCREW GYMNASTICS& 711 08/03/2020 Corkscrew Gymnastics Summer 100-47-5110 300,00 Vendor CORKSCREW GYMNASTICS & SPORTS ACADEMY Total: 300,00 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 5508051990.002 08/03/2020 MINI CIRCUIT BREAKER 100-03-5120 125,80 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 125.80 Vendor: CUMMINS INC CUMMINS INC F2-77855 08/03/2020 All Filters for SWWTP& 510-32-5375 605,50 Vendor CUMMINS INCTotal: 605,50 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 19251 08/03/2020 N70 Surface - #42387 510-35-6110 133.06 CURRAN CONTRACTING 19251A 08/03/2020 Commercial Surface 1142232 510-35-6110 129.05 CURRAN CONTRACTING 19287 08/03/2020 N50 Surface lt42239 510-35-6110 133,06 CURRAN CONTRACTING 19287A 08/03/2020 N70 Surface 042482 510-35-6110 136.17 CURRAN CONTRACTING 19343 08/03/2020 N70 Surface -STS 100-33-6110 23.59 CURRAN CONTRACTING 19367 08/03/2020 N70 Surface -UTY- utility patch 510-35-6110 70,31 Vendor CURRAN CONTRACTING COMPANYTotal: 625.24 Vendor: DELL MARKETING LP DELL MARKETING LP 2006949579051 08/03/2020 Assembly,Heatsink,Fan,Slim For 620-00-6270 97,50 Vendor DELL MARKETING LP Total: 97,50 Vendor: DURA WAX COMPANY INC, THE DURA WAX COMPANY INC, THE 407253 08/03/2020 Recreatin Center 400-00-6110 23,50 DURA WAX COMPANY INC, THE 408319 08/03/2020 City wide cleaning supplies 100-01-6110 150,79 Vendor DURA WAX COMPANY INC, THE Total: 174,29 Vendor: FASTENAL FASTENAL ILWOD168218 08/03/2020 405 100-33-5370 79,20 FASTENAL ILWOD168303 08/03/2020 405 100-33-5370 111,75 FASTENAL ILWOD168547 08/03/2020 Hardware Aerator#4 510-32-6110 61,98 Vendor FASTENALTotah 252,93 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 13837 08/03/2020 Ready Mix 6 - 1113837 - 5524 100-33-6110 551,50 FISCHER BROS FRESH 13876 08/03/2020 Raely Mix 6 913876 - Limerick 100-33-6110 882.25 Vendor FISCHER BROS FRESH Total: 1,433,75 Vendor: FOXCROFT MEADOWS INC FOXCROFT MEADOWS INC 57093 08/03/2020 Landscape Supplies 100-45-6110 326.00 FOXCROFT MEADOWS INC 57097 08/03/2020 Landscape Supplies 100-45-6110 237,50 FOXCROFT MEADOWS INC 57354 08/03/2020 Landscape Supplies 100-45-6110 153,27 FOXCROFT MEADOWS INC 57354 08/03/2020 Landscape Supplies 100-45-6250 250,50 Vendor FOXCROFT MEADOWS INC Total: 967,27 Vendor: FRONTLINE PUBLIC SAFETY SOLUTIONS FRONTLINE PUBLIC SAFETY FL65415 08/03/2020 MEMBERSHIP RENEWAL 100-23-5110 3,486.00 Vendor FRONTLINE PUBLIC SAFETY SOLUTIONS Total: 3,486.00 Vendor: GALLS LLC GALLS LLC 016018125 08/03/2020 UNIFORM ORDER -ZUMWALT 100-22-4510 141.60 GALLS LLC 016019815 08/03/2020 UNIFORM ORDER -AALTO 100-22-4510 28.38 GALLS LLC 016026721 08/03/2020 UNIFORM ORDER-JOSEPH 100-23-4510 149.65 GALLS LLC 016035757 08/03/2020 UNIFORM ORDER -HAVENS 100-23-4510 49,40 GALLS LLC 016035759 08/03/2020 UNIFORM ORDER-FITZGERALD 100-23-4510 198,65 GALLS H-C 016035892 08/03/2020 UNIFORM ORDER -VOELKER 100-22-4510 58,72 GALLS LLC 016036356 08/03/2020 UNIFORM ORDER -MADER 100-22-4510 16,54 GALLS LLC 016119225 08/03/2020 UNIFORM ORDER -HAVENS 100-23-4510 168.62 Vendor GALLS LLC Total: 811.56 Vendor: HANSEN'S ALIGNMENT, DON HANSEN'S ALIGNMENT, DON 907 08/03/2020 806 510-35-5370 80,00 HANSEN'S ALIGNMENT, DON 915 08/03/2020 319 100-22-5370 90,00 Vendor HANSEN'S ALIGNMENT, DON Total: 170,00 7/29/2020 2:46:36 PM Expense Approval Register Packet: APPKT01880 - 8-3-20 RECF INVOICE Vendor Name Payable Number Post Date Description (item) Account Number Amount Vendor: HAWKINS INC HAWKINS INC 4752795 08/03/2020 Chemical Delivery 510-32-6110 5,339.21 Vendor HAWKINS INCTotal: 5,339.21 Vendor: HEARTLAND BUSINESS SYSTEMS, LLC HEARTLAND BUSINESS 385070-H 08/03/2020 Microsoft Monthly M365 620-00-5110 %945.05 Vendor HEARTLAND BUSINESS SYSTEMS, LLCTotal: 31945405 Vendor: HUNTLEY PARK DISTRICT HUNTLEY PARK DISTRICT 72020-b 08/03/2020 Trip -Field Museum 100-46-5110 742.35 Vendor HUNTLEY PARK DISTRICTTotal: 742.35 Vendor: HYDRO INTERNATIONAL (WASTEWATER) HYDRO INTERNATIONAL SIN-001959 09/03/2020 M582 Auger replacement parts 510-32-5375 769,94 Vendor HYDRO INTERNATIONAL (WASTEWATER) Total: 769,94 Vendor; (LEAS [LEAS DUES9541 08/03/2020 2020ANNUAL DUES 100-22-5110 240.00 Vendor ]LEAS Total: 240,00 Vendor: IN -PIPE TECHNOLOGY COMPANY INC IN -PIPE TECHNOLOGY 1760 08/03/2020 Monthly service fee 510-32-5110 70750.00 Vendor IN -PIPE TECHNOLOGY COMPANY INC Total: 7,750,00 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 3020072499 08/03/2020 406 100-33-5370 600,00 Vendor INTERSTATE BILLING SERVICE INCTotal: 600,00 Vendor: JB GLASS 1B GLASS A1093906 08/03/2020 Two glass shields at front 100-03-5120 1,293.00 Vendor JB GLASS Total: 11293,00 Vendor: JENSEN, TED JENSEN, TED 03664 08/03/2020 2" Valve Nut Fabrication -for 510-32-5380 368.00 JENSEN,TED 03683 08/03/2020 MSN2 Intermediate Drive Shaft 510-32-5375 165.00 Vendor IENSEN, TED Total: 533,00 Vendor: ITS COATINGS & CYCLES ITS COATINGS & CYCLES 7-10-20 08/03/2020 POWDERCOATING 100-22-5370 440,00 JTS COATINGS & CYCLES 7-1-20 08/03/2020 POWDERCOATING 100-22-5370 440,00 Vendor JTS COATINGS & CYCLES Total: 880,00 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 8082070 07/29/2020 stock 100-33-5370 309.87 KIMBALL MIDWEST 8064264 08/03/2020 stock 510-35-5370 422.01 KIMBALL MIDWEST 8097371 08/03/2020 stock 100-33-5370 308.90 Vendor KIMBALL MIDWESTTotal: 1,040.78 Vendor: KIRCHNER, INC KIRCHNER, INC 49645 08/03/2020 SQUAD 318 RECHARGE FIRE 100-22-5110 25,50 Vendor KIRCHNER, INC Total: 25,50 Vendor: KIWANIS CLUB OF MCHENRY KIWANIS CLUB OF MCHENRY 10028 08/03/2020 Kiwanis annual dues 100-06-5410 150.00 Vendor KIWANIS CLUB OF MCHENRYTotal: 150,00 Vendor: LANG AUTO GROUP, GARY LANG AUTO GROUP, GARY 5048432 08/03/2020 310 100-22-5370 8.27 Vendor LANG AUTO GROUP, GARY Total: 8,27 Vendor: LIFEGUARD STORE INC, THE LIFEGUARD STORE INC, THE INV620455 08/03/2020 Rubber Ladder Bumpers 100-42-6110 25,00 Vendor LIFEGUARD STORE INC, THE Total: 25,00 Vendor: LIFTEK, INC LIFTEK, INC 2758 08/03/2020 ELEVATOR ANNUAL TEST 100-03-5120 235.00 Vendor LIFTEK, INC Total: 235.00 Vendor: MAPLE CONSTRUCTION INC MAPLE CONSTRUCTION INC 6967 08/03/2020 Miller Point lmrovements 440-00-8800 9,775.00 Vendor MAPLE CONSTRUCTION INCTotal: 91775,00 7/29/2020 2:46:36 PM Expense Approval Register Packet: APPKT01880 - 8-3-20 RECF INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC MENDEZ LANDSCAPING& 8475 08/03/2020 CITY HALL LANDSCAPING 100-03-5120 360.00 MENDEZ LANDSCAPING & 8551 O9/03/2020 Rlverwalk Maintenence 100-45-5110 200.00 MENDEZ LANDSCAPING & 8609 08/03/2020 Rivemalk Maint 100-45-5110 200.00 Vendor MENDEZ LANDSCAPING & BRICK PAVERS INCTotal: 760.06 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 231318W 08/03/2020 meter fittimgs/bbox plugs 510-31-6110 545.00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 545.00 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 94394 OS/04/2020 Dorothy Wolf notary stamp 100-06-6210 33.75 Vendor MINUTEMAN PRESS OF MCH Total: 33.75 Vendor: NATIONAL ELEVATOR INSPECTION SVS, INC NATIONAL ELEVATOR 0394607 08/03/2020 ELEVATOR PRESSURE TEST 100-03-5120 181.50 Vendor NATIONAL ELEVATOR INSPECTION SVS, INC Total: 181,50 Vendor: OLSEN SAFETY EQUIPMENT CORP OLSEN SAFETY EQUIPMENT 0378766-IN O8/03/2020 Gloves 100-33-6110 590.76 Vendor OLSEN SAFETY EQUIPMENT CORP Total: 590.76 Vendor: PETROCHOICE LLC PETROCHOICE LLC 11351727 08/03/2020 FUELBILL 100-03-6250 156.99 PETROCHOICE LLC 50258388 08/03/2020 FUEL BILL 100-03-6250 33.83 PETROCHOICE LLC 50258391 08/03/2020 Fuel 100-45-6250 59.39 PETROCHOICE LLC 50270098 08/03/2020 Fuel - UTY - 50270098 510-35-6250 320.31 PETROCHOICE LLC 50270112 08/03/2020 FUEL BILL 100-03-6250 126.91 PETROCHOICE LLC 50270113 08/03/2020 Fuel - WW - 50270113 510-32-6250 236.71 PETROCHOICE LLC 50270114 08/03/2020 Fuel - WTR - 50270114 510-31-6250 266.84 PETROCHOICE LLC 50270115 08/03/2020 Fuel 100-45-6250 203,73 PETROCHOICE LLC 50270115 08/03/2020 Fuel 100-45-6250 642.62 PETROCHOICE LLC 50270116 08/03/2020 Fuel - STS - 50270116 100-33-6250 820.45 PETROCHOICE LLC 50270117 08/03/2020 FUEL 50270117 100-22-6250 2,578.46 PETROCHOICE LLC 50270484 08/03/2020 FUEL50270484 100-22-6250 170.22 PETROCHOICE LLC 50275172 08/03/2020 Fuel- UTY-50275172 510-35-6250 138.27 PETROCHOICE LLC 50275186 08/03/2020 Fuel - WW - 50275186 510-32-6250 206.76 PETROCHOICE LLC 50275187 08/03/2020 Fuel - WTR - 50275187 510-31-62SO 97.23 PETROCHOICE LLC 50275189 08/03/2020 Fuel - STS - 50275189 100-33-6250 206.95 PETROCHOICE LLC 50275190 08/03/2020 FUEL 50275190 100-22-6250 11358,19 PETROCHOICE LLC 50276225 08/03/2020 oil 100-22-6250 11373,10 Vendor PETROCHOICE LLC Total: 80996,96 Vendor: RADICOM INC RADICOM INC 105788 08/03/2020 625 510-32-5370 258,70 Vendor RADICOM INCTotal: 258.70 Vendor: SANTO SPORT STORE SANTOSPORTSTORE 704815 08/03/2020 Softballs Fall League 100-47-6110 696.00 Vendor SANTO SPORT STORE Total: 696.00 Vendor: SENCOMMUNICATIONS INC SENCOMMUNICATIONS INC IN0974040 08/03/2020 HEADSET REPAIR 100-23-6110 25.00 Vendor SENCOMMUNICATIONS INC Total: 25.00 Vendor: SIGNS BY FRY SIGNS BY FRY 2020349 08/03/2020 Vehicle Maint 100-45-5370 126.00 Vendor SIGNS BY FRY Total: 126.00 Vendor: SIRCHIE FINGER PRINT LABORATORIES SIRCHIE FINGER PRINT 0452384-IN O8/03/2020 EVIDENCE SUPPLIES 100-22-6210 346.81 Vendor SIRCHIE FINGER PRINT LABORATORIES Total: 346.81 Vendor: STEINER ELECTRIC COMPANY STEINER ELECTRIC COMPANY 5006639154.001 08/03/2020 beach gen 510-31-5370 182,91 STEINER ELECTRIC COMPANY 5006673712.001 08/03/2020 RT.120 Lift ATS Repair 510-32-5380 585,00 Vendor STEINER ELECTRIC COMPANY Total: 767.91 7/29/2020 2;46:36 PM Expense Approval Register Vendor Name Payable Number Vendor: SWENO, ROBERT M SWENO, ROBERTM 20-1002 Vendor: TEREX UTILITIES INC TEREX UTILITIES INC 7042072 Vendor: THELEN MATERIALS LLC THELEN MATERIALS LLC 390132 Vendor: TRAFFIC CONTROL &PROTECTION INC TRAFFIC CONTROL& 104349 TRAFFIC CONTROL& 104643 Vendor: TREDROC TIRE/ANTIOCH 002 TREDROC TIRE/ANTIOCH 002 7020034671 TREDROC TIRE/ANTIOCH 002 7020035731 Vendor: VERIZON WIRELESS VERIZON WIRELESS 200162294-18016945 Vendor: WATER PRODUCTS -AURORA WATER PRODUCTS -AURORA 0296904 Vendor: WELCH BROS INC WELCH BROS INC 3094609 Packet: APPKT01880 - 8-3-20 RECT INVOICE Post Date Description (Item) Account Number Amount O8/0312020 Summer Golf Camp 2020 100-47-5110 390,00 Vendor SWENO, ROBERT M Total: 390.00 08/03/2020 440 inspection 100-33-5370 1,500.00 Vendor TEREX UTILITIES INC Total: 1,500.00 08/03/2020 Construction Supplies 100-45-6110 239.25 Vendor THELEN MATERIALS LLC Total: 239.25 08/03/2020 Streete Signage Supplies 100-45-6110 1,630.80 O8/03/2020 Speed limit signs order# 94189 100-33-6110 213A5 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 1/844425 08/03/2020 636 510-32-5370 59.90 OS/03/2020 441 100-33-5370 59,90 Vendor TREDROC TIRE/ANTIOCH 002 Total: 119.80 OS/03/2020 SUBPOENA REQUESTS 100-22-5110 50,00 Vendor VERIZON WIRELESS Total: 50.00 OS/03/2020 Riser Rings 510-35-6110 792.00 Vendor WATER PRODUCTS - AURORA Total: 792,00 08/03/2020 Removal precast barriers 100-33-6110 350,00 Vendor WELCH BROS INCTotal: 350.00 Grand Total: 77,875.15 7/29/2020 2:46:36 PM Expense Approval Register Packet: APPKT01880 - 8-3-20 RECF INVOICE Fund Summary Fund 100-GENERAL FUND DO- RECREATION CENTER FUND 440-CAPITAL IMPROVEMENTS FUND 510- WATER/SEWER FUND 620- INFORMATION TECHNOLOGY FUND Grand Total: Expense Amount 36,991.22 586,14 9,775.00 23,118,67 7,404,12 77,875,15 4........). City of McHenry 333 S Green Street go milalt McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 McHenrwww.cityofmchenry.org rcea or rrc rox arvcn REGULAR AGENDA ITEM DATE: August 3, 2020 TO:City Council FROM: Mayor Jett RE:La Trinidad Liquor License Application AGENDA ITEM SUMMARY: La Trinidad Restaurant has submitted an application for a Class B Liquor license. Aurelio Ortiz, Simon Ortiz, and Miguel Carbajal are listed as co-owners of the business. They currently run similar restaurants in Woodstock and Harvard. The location for La Trinidad Restaurant is 4401 Elm Street, which most recently was the location of the former Pizza Hut. All three owners have completed a background check and met with Mayor Jett, Administrator Morefield, and Chief Birk regarding their application. The owners are not interested in pursuing approval for video gaming. They do not have video gaming at their other two locations. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve a Class B Liquor License to La Trinidad Restaurant located at 4401 Elm Street, and if approved, the adoption of an Ordinance increasing the number of Class B Liquor Licenses from 19 to 20. 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. ORDINANCE NO. 20- 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-2, of the Municipal Code relating to liquor license classifications, shall be amended as follows: D.2. Class B (Service) License: Issuance of a Class B license shall authorize the sale of alcoholic liquor, for consumption on the premises only when served as follows. No full bar is permitted. a. Restaurant Table Service: All sales, service, and consumption conducted at tables; and b. Theatre And Entertainment Service: All sales and service conducted over a concession counter with consumption in theater and entertainment center seats; and c. Mixed Use Service: All sales and service conducted at tables or over a temporary counter and consumption within the defined area of the mixed use special event facility. The annual fee for a Class B license shall be eight hundred dollars ($800.00). No more than twenty (20) Class B licenses shall be in force in the City at any time SECTION 2: If any section,paragraph, subdivision, clause,sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not effect, impair,invalidate or nullify the remainder thereof,which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances,or parts thereof,in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 3rd day of August, 2020. Ayes Nays Absent Abstain Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Wayne Jett, Mayor Monte Johnson, Deputy City Clerk D...............----- 7, isrA. CITY OF iizip enr - . Ai 3 0MFcXR3O Application for Liquor License License Classification Application Date* 7/15/2020 License Type* A Class"D"(Special Event"license has a separate application A B C E F License Classifications-Link to classifications list in the City Code New/Transfer* New Business Transfer of License Applicant Business Name of Business* LA TRINIDAD RESTAURANT Name on License Name to appear on liquor license(if different than above). LA TRINIDAD RESTAURANT Address* 4401 Elm St Mchenry IL 60050 Phone*815337-0652 Email* aurelio_rtz@yahoo.com Type of Business*Sole Proprietor Partnership LLC or Corporation Principal Business Bar Restaurant Type* Retail Store Hotel Gas Station Gaming Parlor Other Video Gaming* Do you intend to apply for video gaming? No Yes A separate application will need to be filled out for video gaming. The issuance of a qualified liquor license in the City of McHenry does not guarantee that a video gaming license will be issued. State of Filing List state of filing for LLC,Corporation,Partnership and Sole Proprietor Illinois Alcohol Sale Length How long has the business been in the business of selling alcohol?List date. August 20-2004 Zoning What Zoning Classification is the business property? C-5 Business Location History Date Date on which the business opened or will open at the above Business Location 8/31/2020 Property Ownership Is the property at which the applicant business is located owned or lesed by the applicant? Owned Leased Location Is the location of the applicants 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 anyQualifications military or naval station? No Yes Parking How many private property parking spaces are associated with the business location? 31 Business Agent An agent is the authorized representative of the Licensee who has supervisory authority over all employees of he license premises.An agent may be an owner,partner,member,or designated manager. Full Name* Aurelio B ORTIZ Date of Birth* Business History History*Have the applicant(s)(including all 5%or higher owners),corporation,LLC,or partnership ever engaged in the business or sale of alcoholic liquor at any other location? No Yes Business Licensing and Filing Identification ROT# Applicant's Retailer's Occupation tax(ROT)Registration Number PENDING Delinquency* Has applicant been delinquent in the payment of the Retailer's Occupational Tax(Sales Tax)? No Yes Insurance List the name and address of dram shop insurance company along with the policy numbers for both the applicant business and owner of the building(if leased)in which the alcoholic liquor will be sold for the duration of the license. Insurance Company BWO-JONES INS SERVICE Insurance Company STATE AUTO INS.CO Address Policy Number PBP2831948 Background Questionnaire The following questions are in relation to the McHenry City Liquor Ordinance and Illinois law as it pertains to liquor licensing.All questions must be answered honestly. Failure to do so may disqualify you from the application process. Are you familiar with all the laws of the United States,State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor;and will you abide by them? Yes No Will you maintain the entire premises in a safe,clean and sanitary manner free from conditions,which might cause accidents? Yes No Will you attempt to prevent rowdiness,fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? Yes No Has any manufacturer,importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license,advanced money or anything else of value or any credit(other than merchandising credit in the ordinary course of business for a period not in excess of 90 days),or is such a person directly or indirectly interested in the ownership,conduct or operation of the place of business? Yes No Have any of the applicants,including all listed agents and partners who have a minimum of a 5%ownership in the business been convicted of any violation of any law pertaining to alcoholic liquors? Liquor Violations?* Yes No Have any of the applicants,including all listed agents and partners who have a minimum of a 5%ownership in the business been convicted of a felony or misdemeanor? Felony/ Yes Misdemeanor?* No Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? Yes No Has any owner(s)or member(s)of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation,has any officer,manager,or director thereof;or, any stockholder owning in the aggregate more than twenty(20)percent of the stock,been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? Federal Yes Gaming/Wagering No Stamp* Have you,or any partner,or owner of 5%or more shares of the business or Agent,ever had a liquor license revoked or suspended? Suspension* Yes No Liqour Suspension Information For a large number of suspensions,a separate document may be submitted in lieu of filling out the boxes below. Name Date and Location of Offense Is any individual who is directly or indirectly interested in applicant's place of business,a law-enforcing official or elected public official(mayor,alderman,and member of any City commission,committee or board)? Official or Officer*Yes No Public Official or Officer Information Name Address Phone Have you ever been convicted of a gambling offense(if a partnership or corporation,include all partners,owners of 5%or more shares of the corporation and the local manager)? Gambling Offense Yes No Gambling Offense Information Name Date and Location of Offense Single Line 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 Aurelio B ORTIZ Date of Birth Percentage of 33.33 Ownership Citizenship-Owner Birth Naturalization Naturalization Info- Owner Name Simon Ortiz Date of Birth Email Percentage of 33.33 Ownership Citizenship-Owner Birth Naturalization Naturalization Info- Owner Name Miguel Carbajal Date of Birth Address Email Percentage of 33.33 Ownership Citizenship-Owner Birth Naturalization Naturalization Info- Owner File Upload Upload supporting documents,certificate of insurance,etr. 4401 Mchenry Insurance.pdf 441.5KB I,the undersigned, being first duly sworn,deposes and says that I(we), have read the above and foregoing Application,caused the answers to be provided thereto and all of the information given on said Application to be true and correct,and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. Signature of Authorized Agent of O;lt1 ' Othz Corporation Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. Date* 7/15/2020 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 McHenrwww.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO:Mayor and City Council FOR: August 3, 2020 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE:Z-967 Zoning Map Amendment to RM-2 High-Density Multi-Family Residential District and Minor Variance ATT: 1.Location Map 2.Unapproved Planning and Zoning Commission Minutes dated July 15, 2020 3.Ordinance granting a Zoning Map Amendment and Minor Variance for 1208 N River Road. 5.Application Packet AGENDA ITEM SUMMARY: The property owner is requesting approval of a Zoning Map Amendment from C-3 Community Commercial District to RM-2 High-Density Multi-Family Residential District and a Minor Variance to allow 68.5%of uncovered space in lieu of the required 73% uncovered space to accommodate a 4-unit attached single-family residence. BACKGROUND: The subject property first received approval of a zoning map amendment from Estate District to the C-3 Community Commercial District on January 13, 1996. The subject property currently contains an unoccupied single-family residence. The property does not appear to have been utilized for commercial activity. ANALYSIS: Since the time the property was reclassified as C-3 Community Commercial District in 1996, the property appears to have only been utilized as a single-family residence. Given the size and visibility of the property from IL-Route 120, staff believes commercial use of the property may be impractical. The City also has very few attached single-family dwellings near the Fox River (staff 1 v. Department of Community Development ate. McHenry Municipal Center 333 Green Street Nano Oft McHenry, Illinois 60050 Phone: (815) 363-2170 McHenr www.cityofmchenry.org 815) 363-2173 cityofmchenry.org could only locate one on Millstream Drive). Although inconsistent with the comprehensive plan future land use map recommendation for commercial use, it does recommend medium-density residential land use directly north of the subject property. The site is located within walking distance of several amenities: Hill top Elementary School, McHenry Middle School, McHenry East Campus,the core-downtown, Fox River, and several parks (VFW park, River Walk). It is a generally accepted planning principal to promote higher density residential land use near public amenities and natural resources. The surrounding land use is a combination of commercial and legal non- conforming residential land use. Staff does not believe approval of the applicant's minor variance request will have any adverse impacts since the principal structure meets applicable setback requirements. The proposal appears to meet the approval standards for Zoning Map Amendments and Variances as identified in the Zoning Ordinance. The Planning & Zoning Commission unanimously recommend approval of the petitioner's request. No members from the general public objected to the petitioner's request. If the City Council concurs it is recommended the attached ordinances granting a zoning map amendment and minor variance for the property at 1208 N. River Road be approved (Mayor and City Council vote-simple majority). 2 ram,, Department of Community Development McHenry Municipal Center ti 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 tisliy www.cityofmchenry.org LOCATION MAP: 1208 N. River Road c. W 11,4$ tiGO r 4, 4 cptr T Y r JC 4, o 4, G'4' 2 2 F( yNF RpgU" RIet ft,, POO i t 0 fq R< SrRz_.T W MARYVILLE DRIVE o- W McHENRY r W LAKE STREET'. 0 ow R. MC H EN RY lLkiNo,S ROurF 770 Boone Creek WAUKLGAN R040 sIt''P O o A(} 4400 R q a. 9010 P. P?' O+ vj -,ayti s JRetr 3 f Department of Community Development McHenry Municipal Center e) 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 McHenr Fax: (815) 363-2173 www.c i tyo fm c h e n ry.o rg Unapproved Planning and Zoning Commission Minutes dated April 15, 2020 Public Hearing: M-3 Enterprises Inc. and Daniel A. Freund Z-967 1208 N. River Road Zoning Map Amendment and a Minor Variance to accommodate a 4-unit attached single-family residence. Chairman Strach called the Public Hearing to order at 7:40 p.m. regarding File No. Z-967 an application for a Zoning Map Amendment from C-3 Community Commercial District to RM-2 High-Density Multi-Family Residential and a Minor Variance to allow 68.5% of uncovered space in lieu of the required 73% uncovered space to accommodate a 4-unit attached single-family residence at the property located at 1208 N. River Rd. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance were Dan Freund, 6201 Whiting Dr., McHenry (owner) and Mark Schiller, W4184 Maple Court, Lake Geneva, Wisconsin, (construction manager) and Jeff Letzer, 26575 Commerce Drive #607, Volo, Illinois (architect). Mr. Freund, Schiller and Letzer were sworn in. Mr. Freund gave a report stating he is requesting a zoning map amendment for his property from C-3 to RM-2 to develop a 4-unit townhouse structure. Upon approval, he is also requesting a minor variance permitting reduction of the uncovered space code to 68.99%to develop the property to full capacity. City Planner Sheriff gave the Staff Report stating the subject property first received approval of a zoning map amendment from Estate District to the C-3 Community Commercial District on January 13, 1996. The subject property currently contains an unoccupied single-family residence. The property does not appear to have been utilized for commercial activity. Planner Sheriff stated overall, staff believes the proposed development is somewhat consistent with the City's Comprehensive Plan objectives and policies. He clarified that the request is not consistent with the Comprehensive Plan's recommendation for commercial use of the property. 4 y Department of Community Development McHenry Municipal Center v 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 McHenr www.cityofmchenry.org or'roc•ox oo.cw However, the Future Land Use Map does recommend medium-density residential land use on adjoining property to the north and it is believed that the request would complement this adjoining land use. Planner Sheriff stated that since the time the property received approval of a zoning map amendment from Estate District to the C-3 Community Commercial District it has continued to be utilized as a single-family residence and given the size and visibility of the property from IL- Route 120, staff believes commercial use of the property may be impractical. The City also has very few attached single-family dwellings near the Fox River outside of the River Walk and this disparity in housing options is something that the Planning & Zoning Commission may wish to address during the Comprehensive Plan Update. Although inconsistent with the comprehensive plan future land use map recommendation for commercial use, the future land use map does recommend medium-density residential land use directly north of the subject property. Staff does not believe the uses allowed within the zoning district will adversely impact the surrounding properties. The site is located within walking distance of several city amenities parks, schools, etc. Having a higher density residential district near these amenities is more ideal than low density residential districts. Staff does not believe approval of the applicant's minor variance request will have any adverse impacts since the principal structure meets applicable setback requirements. Planner Sheriff stated the proposal appears to meet the approval standards for Zoning Map Amendments and Variances as identified in the Zoning Ordinance and Staff does not object to the applicant's requests and recommends approval. None of the Commissioners had questions for the applicants at this time. Chairman Strach opened the floor to questions and comments from the audience. Michelle Rozovics, 1207 River Road, McHenry, asked for clarification of C-3 zoning as to having residential usage grandfathered in during 1990 for her property. She stated she doesn't want to hold up zoning on this property but is concerned with zoning on her property at 1207 River Road having to be changed. Planner Sheriff and Director Polerecky assured her they would verify the safe status of her property zoning in the next day or two. Chairman Strach closed the public comment portion of the hearing at 7:50 p.m. Commissioners Walsh and Lehman had no questions. 5 4— .)` Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 McHenr Fax: (815) 363-2173 www.cityofmchenry.org MC1%T O TMC IO%AIVCA Commissioner Gurda asked if this is intended to be rental or ownership units. Mr. Freund stated they are intended as ownership units, not rental property. Commissioner Strach asked if they foresee any issues with the (2) 1-bedroom units being marketable. Mr. Freund didn't see an issue with marketability of 1-bedroom units. Commissioner Sobotta asked the overall height of the building at the highest point. Mr. Freund stated he believed it was 36 feet. Chairman Strach stated maximum allowed is 40 feet. Motion by Sobotta seconded by Gurda to recommend to the City Council with regard to File No. Z-967, approval of a Zoning Map Amendment from C-3 Community Commercial District to RM-2 High-Density Multi-Family Residential District and a Minor Variance to allow 68.5% of uncovered space in lieu of the required 73% uncovered space to accommodate a 4-unit attached single-family residence on the Subject Property and that the approval criteria for Zoning Map Amendments and Variances have been met. Roll Call: Vote: 5-ayes: Gurda, Lehman, Sobotta, Strach, and Walsh. 0-nays, 0-abstained, 2- absent: Doherty, Thacker. Motion Carried. Chairman Strach closed the Public Hearing regarding File No. Z-967 at 8:00 pm. 6 vDepartment of Community Development McHenry Municipal Center v 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 McHenr Fax: (815) 363-2173 www.cityofmchenry.org ORDINANCE NO 20- AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO RM-2 HIGH-DENSITY MULTI- FAMILY RESIDENTIAL DISTRICT, AND A MINOR VARIANCE TO ACCOMMODATE THE CONSTRUCTION OF A 4-UNIT ATTACHED SINGLE-FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 1208 N. RIVER ROAD IN THE CITY OF MCHENRY, 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 petition has been filed with the City by Dan Freund ("Property Owner"), 6201 Whiting Drive, McHenry, IL 60050 requesting a Zoning Map Amendment to RM-2 High-Density Multi-Family Residential District from C-3 Community Commercial District and a Minor Variance to allow 68.5%of uncovered space in lieu of the required 73% uncovered space to accommodate a 4-unit attached single-family residence for the property located at 1208 N. River Road and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on July 15, 2020 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Zoning Map Amendment and Minor Variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Zoning Map Amendment and Minor Variance 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 a Zoning Map Amendment to RM-2 High-Density Multi-Family Residential District. SECTION 2: In granting said Zoning Map Amendment, the City Council finds the approval criteria for zoning amendments in section 11-5-5 of the Zoning Ordinance have been met in that: 7 f -r. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173McHenrwww.cityofmchenry.org A. The requested zoning classification is compatible with the existing uses and zoning of property in the environs; B. The requested zoning classification is supported by the trend of development in the general area; C. The requested zoning classification is consistent with the objectives of the City of McHenry Comprehensive Plan; and D. The requested classification promotes the public interest. SECTION 3: That the SUBJECT PROPERTY is hereby granted a minor variance to allow 68.5% of uncovered space in lieu of the required 73% uncovered space to accommodate the construction of a 4-unit attached single-family residence. SECTION 4: In granting said minor variance, the City Council finds that the approval criteria for variances identified in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: 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 7: 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 DAY OF 2020 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF 2020 8 f.•••••••••'''f Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 McHenr wwwFax: (815) 363-2173 c i tyo fm c h e n ry.o rg MAYOR ATTEST: CITY CLERK 9 r Department of Community Development r McHenry Municipal Center 333 Green Street4 /+McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 McHenrwww.cityofmchenry.org Exhibit A Legal Description of the Subject Property THE NORTH HALF OF LOT 5 AND THE NORTH HALF OF LOT 6 IN BLOCK 7 IN THE ORIGINAL PLAT OF THE VILLAGE (NOW CITY) OF MCHENRY, EAST SIDE OF THE FOX RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1840 IN BLOCK B OF DEEDS, PAGE 160, IN MCHENRY COUNTY, ILLINOIS 10 FORM A File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street McHenry, IL 60050 a Tel:(815)363-2170 n Fax:(815)363-2173 1. Name of Applicant Daniel Freund Tel 815-378-0525 Address 1401 Horizon Dr Fax City Johnsburg State IL Zip 60051 2. Name of Property Owner Daniel Freund Tel 815-378-0525 If other than Applicant) Address 6201 Whiting Dr. Fax City_McHenry State_IL Zip 60050 3. Name of Engineer N/A Tel If represented) Address Fax City State Zip 4. Name of Attorney N/A Tel If represented) Address Fax 5. Common Address or Location of Property 1208 North River Rd,McHenry, IL 60050 6. Requested Action(s)(check all that apply) X Zoning Map Amendment(Rezoning) X Zoning Variance—Minor* Conditional Use Permit Zoning Text Amendment Zoning Variance Use Variance Other FORM A Page 1 of 4 Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of a single-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORM A Paitc 2 01.4 7. Current Use of Property Residential Use 8. Current Zoning Classification of Property, Including Variances or Conditional Uses C-3 9. Current Zoning Classification and Land Use of Adjoining Properties North: Unincorporated McHenry County(B2 Business District) South: C-5 (Highway Commercial) East:C-5 (Highway Commercial) West:C-5 (Highway Commercial) 10. Required Attachments(check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee(amount)$ X 2. Narrative Description of Request X 3. FORM A—Public Hearing Application X 4. FORM B—Zoning Map Amendment(Rezoning)Application 5. FORM C—Conditional Use Application X 6. FORM D—Zoning Variance Application 7. FORM E—Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties X 1 1. Public Hearing Notice 12. Sign(Provided by the City,to be posted by the Applicant) X 13. Site Plan X 14. Landscape Plan X 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORM A Putte 3 of 4 11. 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 he disclosed in the application. 12. 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. 1 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 the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicants) Daniel Freund Owner FORM A Page 4 of 4 FORM B File Number ZONING MAP AMENDMENT(REZONING) Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry,IL 60050 n Tel:(815)363-2170 0 Fax:(815)363-2173 Table 33 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. 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. The parcel is currently in close proximity(100-250 ft)of both business and residential properties. The proposed use would have very little, if any, impact to the existing 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. The redevelopment of both the historic downtown district and the Water Tower marina as well as the Riverwalk improvements attract residential opportunities within walking distance of downtown McHenry and the river. 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. This proposed change to a higher density residential zoning is in compliance with the City of McHenry's future land plan use. 4. Furthers Public Interest The proposed use(s)or zoning classification promotes the public interest and not solely the interest of the applicant. The addition of this development containing (3)one-bedroom and(1)two-bedroom town homes will bring new visitors to the marina, historic downtown district and local businesses while having a low impact on our schools. FORM 13 Page 1 of 1 FORM I) File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street n McHenry, IL 60050 Tel: (815)363-2170° Fax: (815)363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, 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. Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. Due to the specific lot configuration in that 50%of its perimeter is adjacent to existing roadways and therefore can easily provide for multi-garage accesses for the proposed structure, a variance towards the restriction of allowed uncovered space allowed is requested. 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. The variance sought is expressly related to the building size in proportion to the lot size. The proposed structure maximizes the lot use and infringes on the uncovered land code only by 4.01%, detectable only by taking specific measurements and not visually perceptible. FORM D Page 1 of 3 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. There has been no change to the property or in family ownership of the property in 70+ years. We seek to replace the existing structure with one that is better suitable to the current environs as well as the city's development plans. 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. The minor variance we are requesting will allow for the most efficient use of the parcel. Developing a 3-unit building is not economically feasible or attractive to the owners and an economy of scale for construction is reached only with a 4-unit building. 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. The requested variance would preserve a substantial property right as possessed by other RM-2 zoned properties and will not confer a special privilege. 6. Necessary for Use of Property The granting of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. This property is in a prime area to complement the city's development plan and attraction of patrons to the businesses along the river. A single-family home is no longer a wise or economical use of the property. FORM D Page 2 of 3 7. Not Alter Local Character The granting of a 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. This property is currently unoccupied, and the existing structure is dated and worn. This area is prime for new development, stimulating activity on the east side of the Fox River. Continuing the use as a residential property will not alter the essential character and will not harm (but most likely enhance)surrounding property values. 8. Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City,as viewed in light of any changes conditions since their adoption. The zoning change and variance we are requesting is very much in line with the City of McHenry's future land use plan. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. We are requesting a small variance to the uncovered space code from the existing 73% to 68.99%, a reduction of lust 4.01%of uncovered space. FORM D Page 3 of 3 FROM THE OFFICE OF: REAL ESTATE TAX BILL ASSESSED TO: FREUND,DANIEL A GLENDA L. MILLER 1ST INSTALLMENT COUPON PAYMENT PIN: 09-26.481.001 McHENRY COUNTY TREASURER II liii II I I I III I II I I I II III II I IIMAKECHECKSPAYABLETO: McHENRY COUNTY COLLECTOR 1ST INSTALLMENT FOR 2019 S1,389.10 DUPLICATE'' 1 _2 0 INTEREST FREUND DANIEL A COSTS 6201 WHITING DR INSTALLMENT AMOUNT PAID SO,00 MCHENRY IL 60050 INSTALLMENT BALANCE DUE I S1,389.10 DUE BY 06/15/20201 PAID BY: CHECK CASH MAIL CREDIT CARD 0926481001000013891011 FROM THE OFFICE OF: REAL ESTATE TAX BILL ASSESSED TO: FREUND,DANIEL A GLENDA L. MILLER 2ND INSTALLMENT COUPON PAYMENT PIN: 09.26-481-001 McHENRY COUNTY TREASURER ll il1IIIIIIII III III II ] IIIIIIII HMAKECHECKSPAYABLETO: McHENRY COUNTY COLLECTOR 2ND INSTALLMENT FOR 2019 S1,389.10 DUPLICATE** INTEREST2-201 9FREUNDDANIELA COSTS 6201 WHITING DR INSTALLMENT AMOUNT PAID S0.00 MCHENRY IL 60050 INSTALLMENT BALANCE DUE 51,389.10 DUE BY 09/15/2020 0926481001000013891023 PAID BY: CHECK CASH MAIL CREDIT CARD Taxing Body Rate Percent Tax This Year Tax Last Year Fair Cash Value MCHENRY COUNTY 0.665225 6.45 S179.22 5156.89 80,830 MCHENRY COUNTY PENSION 0.121564 1 18 32.75 529.15 MCHENRY COUNTY 2019 REAL ESTATE TAX BILL S.'A Value MCHENRY CO CONSV 0.228597 2.22 61.59 553.22 LEGAL DESCRIPTION: 25,721 COLLEGE DISTRICT 528 MCC 0.351758 3 41 594.78 S80.65 NOG 3 SfA Multiplier X N1R lTS S 8 6 BUK7 1.0475 COLLEGE DISTRICT 528 MCC PENSION 0.004657 0.05 51.25 1.10 ORIG PLAT MCHENRY S!A Equalized Value = SCHOOL DIST 15 4.543554 44.06 S1.224.13 $1,179.86 26,942 SCHOOL DIST 15 PENSION 0.152414 1.48 541.06 535.40 ASSESSED TO: Brd.of Review Value SCHOOL DIST 156 2.321263 22.51 $625.39 $574.35 FREUND.DANIEL A 26.942 SCHOOL DIST 156 PENSION 0.072150 0.70 19.44 516.85 Brd.of Review 000ilier X SITE ADDRESS: 1.000U MCHENRY FIRE DIST 0.535240 5 19 $144.20 5123 ns 1208 MCHENRY LIBRARY 0.286110 2.87 79.78 PC'62 MCHENRY.60 N RIVER BM.of Review Value MCHENRY.IL 60051.4544 26,,99 42 MCHENRY TOWNSHIP 0.115830 1.12 31.21 527.31 Home ImprovNt Exemptions - MCHENRY TWP RD 8 BR 0.244918 2.38 65.99 57.75 0 MCHENRY CITY 0.203034 1.97 854.71 53.33 If paid after duo date,pay amount below which includes 1.5%per State Multiplier X MCHENRY CITY PENSION 0455460 4.42 $122.70 S103.23 month penalty: FIRST INSTALLMENT SECOND INSTALLMENT 1.0000 06116-07/15 1,409.94 State Equalized Value = 07/16-08/15 1.430.77 26,942 08116-09/15 1.451.61 Farmland and Bldgs.Value + 09116-10/15 1,472.45 1,409.94 0 10116-11113 1,493.28 1,440.77 Total Amt.Prior to Exemptions= 26,942 PIN Annual Homestead Exempbons- Q 09.26.481.001 Sr.Freeze Abated Amount • Township ' Tax Code i Property Class 0 MC 09002 I 0040 Elderly Homestead Exemption - Sub Lot i Acres II I Disabled Vet Homestead Ex 1st Install 2nd Install Q 51,389.10 1,389.10 'Disabled Person Exemption - InterestInterest 0 Returning Veteran Exemption - 0 COSTS Costs Net Taxable Amount 26,942 Total Paid I Total Paid Local Tax Rate X 10.311774 Total Due Total Due Total Curren)Year Tax Due = Totals 10.311774 2,778.20 $2.563.16 Due by 06/15/2020 Due by 09/15/2020 2,778.20 A= Vanderstappen PLAT OF SURVEY iLand Surveying,Inc. yViliti ` w •,,d=r•i^ °°a, The North Half of Lot 5 and the North Half of Lot 6 In Block 7 t wop.6laNRt.,801iLn oisv 600 pa in the Original Plat of the Village(now city)of McHenry,East side ph.813.33L8310 tut 815-33]-8314 of the Fox River,a Subdivision of part of the Southeast Quarter a,.•.ye forth!,to the property bee of Section 26,Township 45 North,Range 8 East of the Third Principal Meridian,according to the Plat thereof recorded July 6, 1840 In Book B of Deeds,page 160,in McHenry County,Illinois. WEST LAKE STREET OF ASPHALT - I Q FOnAyE0 Q 1 N8905'32'E 131.801) 66.00'(R) OO all 66.00'(R) __66.00'(R) 1, Y. A 1 r''. j 26.1'._......... 1 n v in o 1-SPORT fAAVEO co 8,701f Sq.Ft RESOD.41xoe 0.200 ACRES tco rCC2COMC 29 P Y ORM 1IE1.3'E g`________LCC FENCE CORNEA ON LINE S fAANEO SHED 9.3' . 6.9 I1n LOT4ImmY F Y caNCRErt s.s' ) { N88'59'11'E 131.93'M 5 LINE N 1/2LOT 5 6]' •]. o' UNE N 1/2LOT e -• 1ENCE CORNER 0.3'ii F A 'T „ ,~' 11NCE CORNER 1ASS a CFI LINE i 0 rc GPAV£L RAVEL].1'26 n ¢ Z g Pi 0 0 N IJ g Or O rd.00'(R) 66.00'(R) 1 66.00(R) 1/15'N a 0.42T 77 LOOTS LOTS LEGEND CATCH BASIN it FOUND CROSS FOUND IRON BAR 20' _ 0' 20' AO' FOUND IRON PIPE In m SEPTIC UD cIr:I'-20' SET IRON BAR F SIGN WELL M) MEASURED STATE OF ILLINOIS ) R) RECORD S.S. NOTE:Only those Building Line Restrictions or Huemeata COUNTY OF McHENRY) shown on a Recorded Subdivision Plat are shown hereon unless the description ordered to be surveyed contains a In my professional opinion,and based on my observations,1 hereby certify proper description of the required building lines or that we have surveyed the premises above described,and that the platementa. hereon is a true representation of the said serve This professional service DRAWN10 M-3 ENTERPRISES,INC No deters should r assumed by scaling. prey r p BY.CKV CHECKED BY.WJV No aadugrouad improvements have been located conforms to the current Illinois minimum standards for a boundary survey. unless shown end noted. SCALE:1=20' SEC. 26 T.45 R.OB H. No representation as to ownership,use, Dated at Woodstock, McHenry County, Dllnoie 06/02 A.D., 20 20. BASIS OF BEARING:ASSUMED or pomesdon should be hereon implied. Vmdereteppea Lend Surveying Inc. P.LN.; 09-26-481-001 This Survey and Plat of Survey are void without alertoriginalembossedorcoloredsealandsignature De' Firm No.184-002792 F NO.:2 C78 I.D.LSS affixed. iFIELDWORKCOMP.:06/01/20 B&_PG._ Compare your deacrlption and site markings with this plat By:. /6/ f6'A R 10 RE,. and AT ONCE report any dfecrepsaciee which you may find. ohe Professional Land Surveyor No.2709 Y:Vp0oor NFpn-o Vp o,s9_o-M4Tle s Ial,p-Lep.11-8/S%1:37 el Re Zoning Variance for 1208 N River Rd, McHenry Adjacent/Abutting Properties PROPERTY ADDRESS: N/A 3108 W. Lake St OWNER NAME: River Forest St Bk Tr 1243 Virginia Brzenk MAILING ADDRESS: Brzenk 3108 W. Lake St. 1216 N. River Rd McHenry, IL 60051 McHenry, IL 60051 PROPERTY ADDRESS: 3107 W. Lake St 1204 N. River Rd OWNER NAME: Francis P Rodgers McHenry St Bk Tr 3072 MAILING ADDRESS: 3107 W. Lake St Rietesel McHenry, IL 60051 1205 N. River Rd McHenry, IL 60051 PROPERTY ADDRESS: 1205 N. River Rd 1207 N. River Rd OWNER NAME: Byron TR Rietesel Chgo Title Land Tr MAILING ADDRESS: 1205 N. River Rd Rozovics McHenry, IL 60051 263 King St Crystal Lake, IL 60014-5708 PROPERTY ADDRESS: 1211 N. River Rd OWNER NAME: 1211 N River Rd LLC MAILING ADDRESS: 1211 N. River Rd McHenry, IL 60051 PUBLIC HEARING NOTICE FILE Notice is hereby given that the City of Mchenry Planning and Zoning Commission will hold a Public Hearing at the Mchenry Municipal Center, 333 South Green Street, Mchenry, Illinois 60050, at 7:30 P.M. on June 17th, 2020 to consider an application by M-3 Enterprises Inc, 1405 Ilorizon Dr, Johnshurg, Illinois, 60051 ("Property Owners Agent/Construction Manager")Daniel A Freund 6201 Whiting Dr,Mchenry,Illinois,60050("Property Owner")for the following request in accordance with the City of Mchenry Zoning Ordinance: Zoning Map Amendment to allow rezoning of said property from C-3 to RM-2 to allow Townhomes to he built on said property The property consists of.2 acres more or less,and is located at 1208 North Rix er Rd, Mchenry. Illinois,60050 PIN:09-26-481-001 The property is currently zoned C-3 Community Commercial. A copy of the application is on file and may be examined during regular business hours in the City Clerk's Office,at the Mchenry Municipal Center,333 South Green Street,Mchenry, Illinois,60050,and(815)363-2100. All interested parties will be given an opportunity to be heard. Published by order of the planning and Zoning Commission,City of Mchenry,Mchenry County,Illinois s/Shawn Strach Chairman,Planning and Zoning Commission w 1. i ... w 1.+ rw• } 1 4 14 ..P I I f I 1 0 MI..: • tilL — r— .- z 1 I i ii...- 1 r .. w tr .. w it ...... i t i t t 4 arc' I " I I 71F_____-1 _ 1 1 m_ tz I=oI 1."..' z 1 ff-- frs 4 .. 2 • A III_- » `` ` `'+y, C 1 aH REVIEW ONLY-NOT FOR CONSTRUCTION P REVIFIV 7030 RIVER ROAD NORTH WI, ° TOWNHOMES A n SPEC ES I G N INC. i.°m:i"'-"' a 1 NEW CONSTRUCTION I ID m . dr 1208 NORTH RIVER ROAD a 6 P McHENRY.IL 60051 14 I t '"' I 0 I_ T r i=.— I z O w t x tt w t tl tll tl 1 • y , I I IP L IDII= -I ...._y I I if , I.. ilk, 1 Ill 1 i C 1. 1 y 1 r i I z 1 1 a m I m I NWT 1 Iii REVIEW ONT ,Y-NOT FOR CONSTRUCTION RIVER ROAD NORTH y Y w;;E60, d TOWNHOMES vOtD.LLdIVIJ MEM OIRI o S'P E C E S I G N INC. d :,+.»'° NEW CONSTRUCTION a L 1 f".f.'f, :7:1 ,wrov. 1208 NORTH RIVER ROAD McHENRY,IL 60051it NORTH RIVER ROAD woo mil__—. 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OLO.IL b00I3 Nn®f S P E C E S I G N I N C. nuw:w<5 zsm NEW CONSTRUCTION ii 1208 NORTH RIVER ROAD a McHENRY,IL 60051 0 J UI H r 1INV p bd IItil ,i l F oR.II, 16. 1II y uismel . of1®i ) = b F 4110 s 1 e i RIM illi 11{rvEdlir T I 88 g€ 6 Cn Q i ;IPA dl3p o txj 4 _[ ' q888AMII 1111 ilk 10 Ig b II a6l!jEhh1 Hr b H s ID . s 1 m NlAi poA Qp pgIF„ _ Con J L- J nl l lP p C/) 1-.1 § - 11 n it I QO yy c.v G l w qr - -J 9kA" 1 3 o go miu b e xg A mmu V 112i REVIEW ONLY-NOT FOR CONSTRUCTION W1 RIVER ROAD NORTH v - o oR TOWNHOMESsEo,x P E C E S I G N INC. nuw°'i. zm NEW CONSTRUCTION 1208 NORTH RIVER ROAD McHENRY,IL 60051 GIS 1 4 Diink E . .. :; v e Zyap 1 T eaa i1 1 5'< y 9I O z a —El ( i i i I . T14 3g y— — b N b3 3 II na P b xw 4 iv-i a"lta h I I0. 1 fi© A.,® R,tt 1\V. 'Tr l!kirlirpliiinglillil6 I o elly.Vy. 1.. I d Q FF o Q as Ai Ala 0 - o WWI ""'''l ow I CQ III ' II A rHkHu d ACA 4114 l 13e. IIT' s s 3 I 1111111 r 1---11111III' G 1 r' - i'. c r 4 _ _ a F d 8I t I q k E / 11' a I d r Crl MI CA C7 N N xmmr rv 11 I'l REVIEW ONLY-NOT FOR CONSTRUCTION2 . REVIEW OM taw 1REVIEWbs,sco, a oa. ammo RIVER ROAD NORTH s„, F ASP-ECC ES I G N INC. n L. v°xi si3 wo REVIEW 060 TOWNHOMES 1 a NEW CONSTRUCTIONCc.,.cr , c a„ 1208 NORTH RIVER ROAD @ MCHENRY IL 60051 Department of Community& Economic Development McHenry Municipal Center v 333 Green Street McHenry, Illinois 60050 McHenr Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT TO:Mayor and City Council FROM: Cody Sheriff, City Planner FOR: August 3, 2020 RE:Fence Variance for 413 Kensington Drive ATT: Fence application, plat of survey, abutting property notification, aerial view Agenda Item Summary: The Community Development Department received a fence variance request from 413 Kensington Drive to allow a fence in the required front yard of the home two feet from the property line. Due to the configuration of the home on the lot staff feels the homeowner has a hardship and there is no detrimental impact on the neighboring properties or vehicular traffic. Background: A fence variance request was received to install a 6-foot privacy fence 2 feet from the property line in the required front yard at the property located at 413 Kensington Drive. The subject property is a corner lot and by zoning definition the front yard faces Bromley Drive, however the house and driveway face Kensington Drive giving the false sense that Kensington Drive is the front yard. Staff does not believe the request will create any adverse impacts on the surrounding property owners. The ordinance requires neighboring properties be notified of the variance request (attached) and sign off that the notification was sent. Recommendation: If the City Council concurs it is recommended that a motion be made granting a variation to allow for a 6-foot privacy fence in the required front yard, 2 feet from the property line, at the property commonly known as 413 Kensington Drive. Department of Community& oak Economic Development oft IN McHenry Micn 333 Greenipal Streetter McHenry, Illinois 60050 Phone: (815) un 363-2170Ce Mci-Ienr Fax: (815) 363-2173 www.ci.mchenry.il.us yeti - 1• )-... i,.,: Kensi F,t,- i 4,11*:tfilel i - . =-it .. , :1 sue. - .• I N l S i`— ti ' re Residential PERMIT NO. 7-(1) -0 l /11() City of Nei Minor Permit Community & Economic Development Iunit y 333. S. Green Street, McHenry, IL 60050 Community and Application E-mail: ced@cityofinchenry.org Economic Development I 815) 363-2170 PROPERTY OFFICE USE ONLY r ADDRESS: //_S f / 1 _c"„. . _S'- / Zoning Dist: ESTIMATED COST OF CONSTEIJCTION: 3, 3 fcf) Township/Pin: 7,3//-, 03-- 6/6,, Existing Use: El Single Family El Multi-Family Flood Zone: oirnSolarPanelsHotTubOvertheCounter for""'i pnonomic Development n Deck/Gazebo Lawn Irrigation J i Re-roof 0 Demolition 0 Pool (Permanent) 0 Siding JUN 3 0 2020 0 Detached Garage 0 Retaining Wall(over 4') 0 Water Heater Clty of Mclenry n Driveway n Remodel/Alteration 0 Water/Sewer Repair 0 Electric E3 Shed n Windows/Doors Building: Plumbing: i Fence 0 Sidewalk/Stairs El Furnace/AC Bond: El Stone/Brick Veneer 24-Hour Review Misc: El Other: 0 Pool (storable)TOTAL: Owner: („ iz_Tis- -5 rL, '.ti l'• .soLl Srr l)\C\I Phone: ( szzy) Rde •/5 2.5 Address: S/j j %1.,,, „A,,der Unit#: City: A.//„r State: yG- Zip: co4 - E-mail: 64-3, •y„, / (6)/1 c/ro /La")r`x , COC, -,- y Contractor: /il4- Phone: (E-mail: Electrical Contractor: Phone: ( Submit a copy of an electrical license with this application. Plumbing Contractor: Phone: ( Submit the following: Letter of intent on plumbing contractors letterhead (with corporate seal,or notary seal) stating that they are doing this job; copy of State plumbing license; copy of certificate of State registration. Roofing Contractor: Phone: ( Submit a copy of a State of Illinois roofing contractor license with this application. Notes: Be sure to visit the City web site(www.ci.mchcnry.il.us)and review the handouts found under Permits,Applications&Forms All information provided herein is true and correct and all ordinances and codes of the City of Mel lcnry shall be complied with.1 hereby represent and agree that,in considera- tion of this permit being issued,only the work herein applied for will be done and that the premises being worked on will only be used for the purposes set forth herein.I under- stand and hereby acknowledge it's the property owner's responsibility to ascertain if there arc any existing private covenants,conditions and/or deed restrictions,which may further regulate and/or prohibit work for which this building permit from the City has been obtained. I further acknowledget's the property owner's responsibility to obtain required written or other permission or follow any other private approval process from any such home,property owner's or other association,if applicable,prior to commenc- ing work on my property even if a building permit is issued by the City.I hereby indemnify the City,its officials and employees from any and all liability for damages,law- suits,attorneys tees and injuries,including death sustained by anyone or damage to any property,including surveying errors and encroachment liability which accrue against the City. SIGNED: V,iik j--P _ DATE: 67/0/2-°4C) i' FOR OFFICE USE Approved By Issued Expiration Scanned Name: Date: Date:Rev.3/20) PLAT OF SURVEY. OF LOT 161,Y BLOCK 36 IN HOONE VALLEY PLAT NO.7,BEING A SUBDIVISION OF PART OF THE WEST HALF OFSECION34,TOWNSHIP 45 NOHTII,RANGE S EAST OF TIIE THIRD PRINC1PA I.MERIDIAN,ACCORDING TO1IIEPLATTHEREOFRECORDEDAUGUST23,1973 AS DOCUMENT NO,601785,IN MCHENRY COUNTY,ILLINOIS. Commonly known as:413 Kenllegion Drive,Slclienry,ll lnol,. 1l t,\ P, ulr`I3I / \\'\ 44_ w i '; v D. p I 1 20 c_ N gal \T xea l I„pATRICK MCTOERNAN,A REGISTERED ILLINOIS LAND SURVEYOR HEREBY CERTIFY T/IAT I HAVE SURVEYED THE ABOVE MENTIONED PARCEL OF LAND AND THAT THIS PLAT IS A CORRECT REPRESENTATION OF SAID SURVEY,DATED THIS 21"DAY OP JUNE,1017. THIS PROFESSIONAL SURVEY C9NFORS$TO THE CURRENT ILLLNOIS MINIMUM STANDARDS FOR ABOUNDARYSURVEY. ePo, HO 69D SADDLE RIDGE PATRICK •1,4'X1llt 17tt Si, CRYSTAL LAKE,ILLINOIS 6001Es//(J.e65Jt S t7a 1641313E I SIS-177-ffiiS - I 4 I LICEN 1 1GOVEMBEI( , h y, ORDERED BYeJII Hu 1ti.y`...+i-s*w }-`c- jsa .,a 1LL1P Ji,. Commonly known as: 413 Kensington Drive,McHenry, Illinois. 1•./fr/./- . . 7., , ' 4:25,c+, i--27C;" lc) CA2, eV N--(N: iN. i\--, rc. i t. \ ... 1/4.....\ ON\ -,..\ 4/‘__> 1(skt., Cc/ j 4.....-. ,,,,.. 1,::\\,;-:\\ NI. 472'9) 3; clef a . ,il • - . S'/, >1(. 1 . e-- N Op. fit~ 7 '.\''.‹'. '/("41: 7"; 411-(? C- 1- 1>/.\.. N."14r./\„-‘-. 7 1,Ns*,N'\ 1N'''t .:, F....:;, j fir N"...,,,,,,,...,,,.: may, tJ \ I--- f_ f...s L • . / 1 I' 6 s .S----- '•,9..... lam. fci . N.) 71'''\'k ' *.:•• tA 7 . ).- 7.VyilrtltI ',i rr ra; \--- -----I1L'' /44) r! + t r• i T7]a t \c 0l3 )0 -" 1 tip(:), Iiii(i'44k1:01ark-tycr.. 11‘•..-.) --- , _ __________,--__. --,,------ .," ._ ,.... I,•PATRICK MCKIERNAN,A REGISTERED ILLINOIS LAND SURVEYOR HEREBY CERTIFY THAT I H r.,.‘,=,t,TrTE,•-,un«-x1FNTTONED PARCEL OF L AN'D AND THAT THIS PLAT IS A CORRECT I Gail Wells at 4910 W Bromley drive give permission for Curtis Smutny at 413 Kensington Dr. to connect a new fence to my existing fence. City of McHenry Abutting Property Owner/Current Resident Fence Variance Notification An original copy of this completed form must be returned to City of McHenry,Community and Economic Development Department a minimum of one-week prior to the fence variance being presented to City Council. Information on property requesting fence variance. Curtis and Kelsey Smutny Print Name) 413 Kensington Drive,McHenry,IL 60050 224 ) 828 _ 4525 Address)Phone) City Council Meeting Date: August 3,2020 Time:7:00 pm Place:McHenry Municipal Center 333 S.Green Street,McHenry,II.60050 List all addresses,dates and how notification was provided. (Back of form can be used if additional space is needed.) 1) 416 Kensington Drive,McHenry,IL 60050 7._ Z C2 -40 zo Address) Date) Delivered by: Mail P-Hand Delivery(check one) 2) 414 Kensington Drive,McHenry,IL 60050 7_ z to zvZ-0 Address)Date) Delivered by: _ Mail Hand Delivery(check one) 3) 412 Kensington Drive,McHenry,IL 60050 Z — zo a7 - Address) Date) Delivered by: Mail '' Hand Delivery(check one) 4) 410 Kensington Drive,McHenry,IL 60050 72 6 - Address) Kiand Date) Delivered by: Mail Delivery(check one) 5) 415 Stratford Ct.,McHenry,IL 60050 7-Zeo -7c9Zcy Address) Date) Delivered by: Mail vHand Delivery(cheekone) 6) 4910 W.Bromley Drive,McHenry,IL 60050 7 f•z-( /ZU a_U Address)Date)/ Delivered by: — Mail Hand Delivery(check one) To the best of my knowledge I have provided written notification to all property owners or current residents living adjacent to or abutting my property with the date, time and place of the City Council meeting where my fence variance is to be considered. I also provided a general description of the work proposed, including style, height and location of my proposed fence improvement. abr 2,,,_ Signature of Applicant) V Date) City of McHenry,Community and Economic D velopment Department 333 S.Green Street,McHenry Illinois 815)363-2170 (815)363-2173 fax e-mail: cns@ci.mchenry.il.us City of McHenry Abutting Property Owner/Current Resident Fence Variance Notification An original copy of this completed form must be returned to City of McHenry,Community and Economic Development Department a minimum of one-week prior to the fence variance being presented to City Council. Information on property requesting fence variance. Curtis and Kelsey Smutny Print Name) 413 Kensington Drive,McHenry,IL 60050 224 ) 828 4525 Address) Phone) City Council Meeting Date: August 3,2020 Time:7:00 pm Place:McHenry Municipal Center 333 S.Green Street,McHenry,11.60050 List all addresses,dates and how notification was provided. (Back of form can be used if additional space is needed.) 1) 409 Kensington Drive,McHenry,IL 60050 Address) Date) Delivered by: Mail Hand Delivery(check one) 2) 4909 W.Bromley Drive,McHenry,IL 60050 7 l` .``i 'ZOOAddress) Date) Delivered by: Mail /Hand Delivery(check one) 3) 4905 W.Bromley Drive,McHenry,IL 60050 Address) Date) Delivered by: Mail ±' Hand Delivery(check one) 4) 4903 W.Bromley Drive,McHenry,IL 60050 7 121 120 Z0Address) Date) Delivered by: Mail /Hand Delivery(check one) 5) Address) Date) Delivered by: Mail Hand Delivery(check one) 6) Address) Date) Delivered by: Mail —Hand Delivery(check one) To the best of my knowledge I have provided written notification to all property owners or current residents living adjacent to or abutting my property with the date, time and place of the City Council meeting where my fence variance is to be considered. I also provided a general description of the work proposed,including style,height and location of my proposed fence improvement. do Signature of Applicant) Date) City of McHenry,Community and Economic Development Department 333 S.Green Street,McHenry Illinois815)363-2170 (815)363-2173 fax e-mail:cns@ci.mchenry.il.us Office of Finance &Accounting 4vV ft Carolyn Lynch, Director 18* McHenry Municipal Center looft 333 Green Street McHenry, Illinois 60050 9 Phone: (815) 363-2100 1McHenr Fax: (815) 363-2119 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: August 3, 2020 TO:Mayor and City Council FROM: Carolyn Lynch, Finance Director RE:City of McHenry, Local Motor Fuel Tax ATT: Ordinance Creating a Municipal Retail Motor Fuel Tax, Implementing Local Government Taxpayers' Bill of Rights Provisions and Updating the City's Hotel Operators Occupation Tax Provisions Attachment A, Example Motor Fuel Tax Form Attachment B, Local Motor Fuel Tax Revenue Projection Worksheets AGENDA ITEM SUMMARY: Council is being asked to consider the attached ordinance creating a Municipal Retail Motor Fuel Tax, Implementing Local Government Taxpayers' Bill of Rights Provisions and Updating the City's Hotel Operators Occupation Tax Provisions. BACKGROUND: For the past several years, City Council has expressed a desire to create revenue source solely for the purposes of contracted resurfacing of local/subdivision streets. One of the options to create such a revenue source is the implementation of a local municipal motor fuel tax. The implementation of a local municipal motor fuel tax requires the action of City Council to implement and is something which has been instituted in several comparable communities throughout the area including: Batavia, Carpentersville, Dekalb, Freeport, St. Charles, and Woodstock. The State of Illinois recently gave local municipalities the authority to enact a local gas tax of up to 3.0 cents per gallon. At the May 18, 2020 City Council Meeting, a discussion was had by City Council about implementing a local municipal motor fuel tax. A consensus was of Council agreed that a 3.0 cents per gallon local municipal motor fuel tax is needed for the purposes of contracted resurfacing of local/subdivision streets and directed staff to prepare documentation to bring back before Council for implementation. 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. ANALYSIS: Beginning in fall of 2019, staff has been developing a strategy to create a consistent stream of revenue which will allow the City to meet the financial demand to resurface streets on a 25 year life cycle. Part of this strategy was ensuring that all State MFT distributions are dedicated to local resurfacing. Prior to last summer the City received approximately $700,000 per year in MFT and this distribution was increased by almost $500,000 in fall of 2019. These totals have brought the expected annual MFT revenues to $1.2 Million. Staff's projection of anticipated revenue for a local motor fuel tax is between $300,000 and $400,000. This approximation was determined through a number of different methods which are outlined in Attachment B. The combined State MFT revenues and local MET revenues are projected to total between $1.5 and $1.6 million per year, which would bring the City very close to the level of funding necessary to provide a 25 year service life. Should City Council elect to enact this local tax, a separate fund will be set up for the Municipal Retail Motor Fuel Tax in order to ensure the funds are only used for contracted resurfacing projects. The attached ordinance also outlines this requirement by specifying that these funds are only to be used for this purpose. Also required in the ordinance is that the local gas stations fill out a Local Motor Fuel Tax form (Attachment A) and submit this form to the Finance Department monthly with their payment. The gas stations within City limits have been sent a letter detailing that the City Council would be voting on a 3.0 cents per gallon Municipal Retail Motor Fuel Tax and were provided the example local motor fuel tax form. It is staff's plan that September 1, 2020 would be the start date for this tax. Details will be sent again to the local gas stations subsequent to adoption by Council. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to adopt an Ordinance Creating a Municipal Retail Motor Fuel Tax, Implementing Local Government Taxpayers' Bill of Rights Provisions and Updating the City's Hotel Operators Occupation Tax Provisions. ORDINANCE NO. An Ordinance Creating a Municipal Retail Motor Fuel Tax, Implementing Local Government Taxpayers' Bill of Rights Provisions and Updating The City's Hotel Operators Occupation Tax Provisions ADOPTED BY THE MAYOR AND CITY COUNCIL THIS 3RD DAY OF AUGUST, 2020 An Ordinance Creating a Municipal Retail Motor Fuel Tax,Implementing Local Government Taxpayers'Bill of Rights Provisions and Updating The City's Hotel Operators Occupation Tax Provisions,Page 1 ORDINANCE NO. An Ordinance Creating a Municipal Retail Motor Fuel Tax, Implementing a Local Government Taxpayers'Bill of Rights Provision and Updating The City's Hotel Operators Occupation Tax Provisions 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, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and WHEREAS,the continued and increasing use of public streets and parking facilities by motor vehicles has resulted in a great increase in the funds necessary for their upkeep; and WHEREAS, the City has determined that imposing a municipal retail motor fuel tax is a reasonable manner in which to secure additional funding for the resurfacing of streets,as it is collected from users of the streets and parking facilities, as opposed to the general public; and WHEREAS, in furtherance of its home rule powers, it is necessary and desirable for the City of McHenry to amend its ordinances regarding taxation by creating a municipal retail motor fuel tax, and limiting the use of the proceeds to publicly bid, contracted road resurfacing projects only; and WHEREAS, it is appropriate for the City to ensure that all locally imposed and collected taxes are collected in a manner consistent with the Illinois Local Government Taxpayers' Bill of Rights Act 50 ILCS 45/1 et. seq.), and it is necessary and desirable for the City of McHenry to amend its ordinances to ensure ongoing compliance with those requirements by adding a new Local Government Taxpayers'Bill of Rights to the City Code and by updating the provisions of the City's Hotel Operators Occupation Tax provisions to be reflect those changes. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows SECTION 1: The McHenry Municipal Code, Title 3, Chapter 1, Section 4(D)Failure to Pay Tax, shall be deleted in its entirety and replaced with the following text: D-1. Failure to Pay Tax: Any violation of this Chapter 3-1 will be punishable or enforced in the manner prescribed by the City's Local Government Taxpayer Bill of Rights provisions of Chapter 3-9. It will be deemed a violation of this Chapter 3-1 for any person knowingly to furnish false or inaccurate information as required herein. An Ordinance Creating a Municipal Retail Motor Fuel Tax,Implementing a Local Government Taxpayers'Bill of Rights Provision and Updating The City's Hotel Operators Occupation Tax Provisions, Page 2 D-2. Revocation of License: If the City Manager, after conducting a hearing pursuant to Chapter 3-9, finds that any person has willfully avoided payment of the tax imposed herein, the City Manager may suspend or revoke all City licenses held by the hotel. Prior to any implementation of an order to suspend or revoke a license, the operator shall have an opportunity to be heard at a hearing before the City Manager, held not less than five (5) days after notice of the time and place of the hearing, with said notice addressed to the operator at the last known place of business, has been delivered to the operator. SECTION 2: The McHenry Municipal Code, Title 3, Chapter 1, Section 5, Penalty, shall be deleted in its entirety. SECTION 3: The McHenry Municipal Code is hereby amended by adding a new Title 3,Chapter 8 as follows: Chapter 8 MUNICIPAL RETAIL MOTOR FUEL TAX 3-8-1: SHORT TITLE 3-8-2: DEFINITIONS 3-8-3: TAX IMPOSED 3-8-4: LIABILITY FOR PAYMENT 3-8-5: COLLECTION OF TAX 3-8-6: FILING OF RETURN 3-8-7: RULES AND REGULATIONS 3-8-8: FAILURE TO PAY TAX WHEN DUE 3-8-9: RECORDS 3-8-9: DISPOSITION OF RECORDS OF TAX 3-8-10: PENALTY 3-8-1: SHORT TITLE: The tax imposed by this Chapter shall be known as the "Municipal Retail Motor Fuel Tax". 3-8-2: DEFINITIONS: For the purposes of this Article,whenever any of the following words,terms or definitions is used herein,they shall have the meaning ascribed to them in this Section: A) "Dealer" means every person engaged in the business of the retail sale of motor fuel, including any person who has an established place of business for such purposes ascribed to them in this Section. B) "Motor Fuel" means all volatile and inflammable liquids produced, blended or compounded for the purpose of, or which are suitable or practicable for, operating motor vehicles or internal combustion engines. This shall include but not be limited to gasoline, An Ordinance Creating a Municipal Retail Motor Fuel Tax,Implementing a Local Government Taxpayers'Bill of Rights Provision and Updating The City's Hotel Operators Occupation Tax Provisions, Page 3 gasohol and diesel fuel. C) "Person" means any natural person, receiver, administrator, executor, conservator, assignee,trust in perpetuity,trust, estate, firm, co-partnership,joint venture, club, company, business trust, domestic or foreign corporation, association, syndicate, society or any group of individuals acting as a unit,whether mutual,cooperative,fraternal nonprofit,or otherwise;whenever the term "person" is used in any clause prescribing and imposing a penalty,the term as applied to associations shall mean that the owners or part owners thereof and, as applied to corporations,the officers thereof. Retail" means the sale for any good and valuable consideration to a person for use as a consumer. 3-8-3: TAX IMPOSED: A) Beginning on September 1, 2020, there is hereby imposed and shall immediately accrue and be collected, a tax upon the privilege of purchasing motor fuel at retail in the City of McHenry at a rate of three cents ($0.03)per U.S. Gallon or fraction thereof. B) In the event motor fuel is dispensed by a unit of measure other than U.S. Gallon,then the tax shall be imposed at the same ratio of three cents ($0.03) per U.S. Gallon to the unit of measure. 3-8-4: LIABILITY FOR PAYMENT: The ultimate incidence of and liability for payment of said tax shall be borne by the retail purchaser. The tax herein levied shall be in addition to any and all other taxes.Nothing in this Article shall be construed to impose the tax upon the occupation of selling motor fuel. It shall be the duty of every dealer to secure said tax under rules and regulations prescribed by the Finance Director and as otherwise provided by this Article. 3-8-5: COLLECTION OF TAX: Every dealer required to collect the tax levied by this Article shall secure said tax from the retail purchaser at the time the dealer collects payment for the motor fuel. The tax shall be paid by the retail purchaser to the person required to collect it as trustee for and on account of the City of McHenry. The dealer shall be entitled to withhold from tax collections a service fee equal to 1%of the amounts collected. If any dealer fails to collect the local motor fuel tax, such dealer shall remain liable for the local motor fuel tax not collected and shall pay the amount of the local motor fuel tax due to the City in accordance with this article. 3-8-6: FILING OF RETURN: Monthly,on the forms and in such manner as prescribed by the City Finance Director,the dealer shall transmit a report of sale of motor fuel in the previous month to the City of McHenry. Each report of sale of motor fuel shall be accompanied by a remittance of the appropriate amount of tax applicable to the sale reported and a signed copy of Illinois Department of Revenue Form ST-1 (Sales and Use Tax Return) or other comparable evidence acceptable to the City that documents reported sales. An Ordinance Creating a Municipal Retail Motor Fuel Tax,Implementing a Local Government Taxpayers'Bill of Rights Provision and Updating The City's Hotel Operators Occupation Tax Provisions, Page 4 3-8-7: RULES AND REGULATIONS: The Finance Director may promulgate rules and regulations not inconsistent with the provisions of this Chapter concerning the enforcement and application of this Chapter. The term "rules and regulations" includes, but is not limited to, the Finance Director's determination whether or not the tax imposed by this Chapter applies to a dealer or transaction. 3-8-8: FAILURE TO PAY TAX WHEN DUE: Any violation of this Chapter 3-8 will be punishable or enforced in the manner prescribed by the City's Local Government Taxpayer Bill of Rights provisions of Chapter 3-9. It will be deemed a violation of this Chapter 3-8 for any person knowingly to furnish false or inaccurate information as required herein. 3-8-9: RECORDS: A) Each dealer shall keep books which, at a minimum, include: 1) The number of gallons of motor fuel sold at retail each day by the dealer in the City of McHenry. 2) The actual motor fuel tax collected for each day by the dealer. B) The City Finance Director or designee shall at all reasonable times have full access to such records. C) To the extent permitted by law, the financial records of any dealer submitted pursuant to this Article or any rule and regulation promulgated thereunder shall not be available for public inspection in order to protect the dealer's right to privacy and shall be considered to be commercial or financial information obtained from a person or business furnished under a claim that it is proprietary, privileged or confidential, and that disclosure of the commercial or financial information would cause competitive harm to business. 3-8-10: DISPOSITION OF TAX RECEIPTS: All proceedings resulting from the imposition of the tax under this Article, including penalties, shall be paid to the City of McHenry and shall be credited to and deposited in the Local Motor Fuel Tax Fund of the City allocated for the purposes of publicly-bid, contracted road resurfacing projects only. SECTION 4: The McHenry Municipal Code is hereby amended by adding a new Title 3, Chapter 9,the Local Government Taxpayers' Bill of Rights, as follows: An Ordinance Creating a Municipal Retail Motor Fuel Tax,Implementing a Local Government Taxpayers'Bill of Rights Provision and Updating The City's Hotel Operators Occupation Tax Provisions,Page 5 CHAPTER 9 LOCAL GOVERNMENT TAXPAYERS' BILL OF RIGHTS 3-9-1: DEFINITIONS: 3-9-2: NOTICES: 3-9-3: LATE PAYMENT: 3-9-4: PAYMENT: 3-9-5: CERTAIN CREDITS AND REFUNDS: 3-9-6: AUDIT PROCEDURE: 3-9-7: APPEAL: 3-9-8: HEARING: 3-9-9: INTEREST AND PENALTIES: 3-9-10: ABATEMENT: 3-9-11: INSTALLMENT CONTRACTS: 3-9-12: STATUTE OF LIMITATIONS: 3-9-13: VOLUNTARY DISCLOSURE: 3-9-14: PUBLICATION OF TAX ORDINANCES: 3-9-15: INTERNAL REVIEW PROCEDURE: 3-9-16: APPLICATION: 3-9-1: DEFINITIONS: In addition to those terms defined in this code, certain words or terms herein shall have the meanings ascribed to them as follows: ACT: The Local Government Taxpayers'Bill of Rights Act. LOCAL TAX ADMINISTRATOR: The City Finance Director and any staff, employees or agents to the extent they are authorized by the City Finance Director to act in the City Finance Director's stead. The City Finance Director shall have the authority to implement the terms of this Chapter to give full effect to this Chapter. The exercise of such authority by the Local Tax Administrator shall not be inconsistent with this Chapter and the Act. LOCALLY IMPOSED AND ADMINISTERED TAX: Each tax imposed by the City that is collected or administered by the City, not an agency or department of the state. It does not include any taxes imposed upon real property under the property tax code or fees collected by the City. NOTICE: Each audit notice, collection notice or other similar notice or communication in connection with each of the City's locally imposed and administered taxes. TAX ORDINANCE: Each ordinance passed by the City that imposes any locally imposed and administered tax. TAXPAYER:Any person required to pay any locally-imposed and administered tax and An Ordinance Creating a Municipal Retail Motor Fuel Tax,Implementing a Local Government Taxpayers'Bill of Rights Provision and Updating The City's Hotel Operators Occupation Tax Provisions, Page 6 generally includes the person upon whom the legal incidence of such tax is placed and with respect to consumer taxes includes the business or entity required to collect and pay the locally-imposed and administered tax to the City. 3-9-2: NOTICES: A. Whenever notice is required to be given under this Chapter, the notice is to be in writing mailed not less than seven (7) calendar days prior to the day fixed for any applicable hearing, audit or other scheduled act of the Local Tax Administrator. The notice shall be sent by the Local Tax Administrator as follows: 1.Any notice of tax assessment due must be sent by United States registered or certified mail. 2.For all other required notices, either: i.first class, express mail or overnight mail, addressed to the persons concerned at the persons' last known address; or ii. personal service or delivery. B. Whenever the Local Tax Administrator issues a protestable notice of tax due, a bill, a claim denial or a notice of claim reduction regarding any tax, the written notice shall include the following information: 1.The reason for the assessment or other determination; 2.The amount of the tax liability proposed; 3.The procedure for appealing the assessment or other determination(which may be satisfied by including a copy of this Chapter, The Local Government Taxpayers' Bill of Rights); 4.The obligations of the City during the audit, appeal,refund and collection process (which may be satisfied by including a copy of this Chapter, The Local Government Taxpayers' Bill of Rights); and 5.Such other information as may be required by this Chapter. 3-9-3: LATE PAYMENT: Any notice, payment, remittance or other filing required to be made to the City pursuant to any tax ordinance shall be considered late unless it is: a) physically received by the City on or before the due date,or b)received in an envelope or other container displaying a valid, readable U.S. postal service postmark dated on or before the due date, properly addressed to the City,with adequate postage prepaid. 3-9-4: PAYMENT: Any payment or remittance received for a tax period shall be applied in the following order: a)first to the tax due for the applicable period; b) second to the interest due for the applicable period; and c)third to the penalty for the applicable period. 3-9-5: CERTAIN CREDITS AND REFUNDS: A. The City shall not refund or credit any taxes voluntarily paid without written protest at the time of payment in the event that a locally-imposed and administered tax is declared invalidly enacted or unconstitutional by a court of competent jurisdiction. However, a taxpayer shall not be deemed to have paid the tax voluntarily if the taxpayer An Ordinance Creating a Municipal Retail Motor Fuel Tax,Implementing a Local Government Taxpayers'Bill of Rights Provision and Updating The City's Hotel Operators Occupation Tax Provisions,Page 7 lacked knowledge of the facts upon which to protest the taxes at the time of payment or if the taxpayer paid the taxes under duress. B. The statute of limitations on a claim for credit or refund shall be two (2) years after the end of the calendar year in which payment in error was made. The City shall not grant a credit or refund of locally imposed and administered taxes, interest or penalties to a person who has not paid the amounts directly to the City. C. The procedure for claiming a credit or refund of locally imposed and administered taxes, interest or penalties paid in error shall be as follows: 1.The taxpayer shall submit to the Local Tax Administrator in writing a claim for credit or refund together with a statement specifying: a.The name of the locally imposed and administered tax subject to the claim; b.The tax period for the locally imposed and administered tax subject to the claim; c.The date of the tax payment subject to the claim and the canceled check or receipt for the payment; d.The taxpayer's recalculation, accompanied by an amended or revised tax return, in connection with the claim; and e.A request for either a refund or a credit in connection with the claim to be applied to the amount of tax, interest and penalties overpaid, and, as applicable, related interest on the amount overpaid; provided, however, that there shall be no refund and only a credit given in the event the taxpayer owes any monies to the City. 2.Within ten(10)days of the receipt by the Local Tax Administrator of any claim for a refund or credit, the Local Tax Administrator shall either: a.Grant the claim; or b.Deny the claim, in whole or in part, together with a statement as to the reason for the denial or the partial grant and denial. 3.In the event the Local Tax Administrator grants, in whole or in part, a claim for refund or credit,the amount of the grant for refund or credit shall bear interest at the rate of one percent per month (1%), from the date of the overpayment to the date of mailing of a refund check or the grant of a credit. 3-9-6: AUDIT PROCEDURE: Any request for proposed audit of the taxpayer's books and records pursuant to any locally administered tax shall be in writing to the taxpayer and shall comply with the notice requirements of this Chapter. A. Each notice of audit shall contain the following information: An Ordinance Creating a Municipal Retail Motor Fuel Tax,Implementing a Local Government Taxpayers'Bill of Rights Provision and Updating The City's Hotel Operators Occupation Tax Provisions, Page 8 1.The tax; 2.The time period to be audited; 3.A brief description of the books and records to be made available for the auditor; and 4.An identification of who will be conducting the audit, and in the case of a third-party auditor,the City must provide written authorization for them to review the books and records of the taxpayer before such third-party auditor contacts the taxpayer. B. Any audit shall be conducted during normal business hours and not less than seven(7)days nor more than thirty(30)days from the date the notice is given. However, if the date and time selected by the Local Tax Administrator is not agreeable to the taxpayer, another date and time may be requested by the taxpayer. If such time is convenient to the Local Tax Administrator,the Local Tax Administrator may approve the new date in writing and shall have the discretion to grant an extension to this time period. C. Every taxpayer shall keep accurate books and records of the taxpayer's business or activities, including original source documents and books of entry denoting the transactions which had given rise or may have given rise to any tax liability, exemption or deduction. All books shall be kept in the English language and shall be subject to and available for inspection by the City. D. It is the duty and responsibility of every taxpayer to make available its books and records for inspection by the City. If the taxpayer fails to provide the documents necessary for audit within the time provided,the Local Tax Administrator may issue a tax determination and assessment based on the tax administrator's determination of the best estimate of the taxpayer's tax liability. E. Upon the completion of an audit,the City must issue an audit closure report to the taxpayer with the results of the audit. F. If an audit determines there has been an overpayment of a locally-imposed and administered tax as a result of the audit,written notice of the amount of overpayment shall be given to the taxpayer within thirty (30) days of the City's determination of the amount of overpayment. If the overpayment is the result of the incorrect application of some or all of the taxpayer's tax payment to the City instead of to another local government entity, then upon a request by that other unit of local government,the audit information must be given to any unit of local government that may be affected by the overpayment. 3-9-7: APPEAL: A.A taxpayer shall have the right to appeal a determination of a tax due. B.A taxpayer who receives written notice from the Local Tax Administrator of a determination of tax due or a notice of tax liability, may protest such finding by filing with the Local Tax Administrator a written protest and petition for hearing, setting forth the basis of the taxpayer's request for a hearing. The written protest and petition for An Ordinance Creating a Municipal Retail Motor Fuel Tax,Implementing a Local Government Taxpayers'Bill of Rights Provision and Updating The City's Hotel Operators Occupation Tax Provisions, Page 9 hearing must be filed with the Local Tax Administrator within forty-five (45) days of receipt of the written notice of the tax determination and assessment. C.If a timely written notice and petition for hearing is filed, the Local Tax Administrator shall fix the time and place for hearing and shall give written notice to the taxpayer. The hearing shall be scheduled for a date within fourteen (14) days of receipt of the written protest and petition for hearing, unless the taxpayer requests a later date convenient to all parties. D. If a written protest and petition for hearing is not filed within the forty-five (45) day period, the tax determination, audit or assessment shall become a final bill due and owing without further notice. E.Upon the showing of reasonable cause by the taxpayer and the full payment of the contested tax liability along with interest accrued as of the due date of the tax, the Local Tax Administrator may reopen or extend the time for filing a written protest and petition for hearing. In no event shall the time for filing a written protest and petition for hearing be reopened or extended for more than ninety(90)days after the expiration of the forty-five (45) day period. 3-9-8: HEARING: A. Whenever a taxpayer or a tax collector has filed a timely written protest and petition for hearing under section 3-9-7 of this Chapter,the City Manager shall conduct a hearing regarding any appeal. B. No continuances shall be granted except in cases where a continuance is absolutely necessary to protect the rights of the taxpayer. Lack of preparation shall not be grounds for a continuance. Any continuance granted shall not exceed fourteen (14) days. C. At the hearing,the City Manager shall preside and shall hear testimony and accept any evidence relevant to the tax determination, audit or assessment. The strict rules of evidence applicable to judicial proceedings shall not apply. D. At the conclusion of the hearing, the City Manager shall make a written determination on the basis of the evidence presented at the hearing. The taxpayer or tax collector shall be provided with a copy of the written decision. 3-9-9: INTEREST,PENALTIES AND ENFORCEMENT COSTS: In the event a determination has been made that a tax is due and owing, through audit, assessment or other bill sent, the tax must be paid within the time frame otherwise indicated. A. Interest on Late and Unpaid Taxes: In the event any taxpayer fails to collect and pay to the City the tax required hereunder within thirty (30) days after the same is due,interest shall accumulate and be due upon said tax at the rate of one percent(1%)per An Ordinance Creating a Municipal Retail Motor Fuel Tax,Implementing a Local Government Taxpayers'Bill of Rights Provision and Updating The City's Hotel Operators Occupation Tax Provisions, Page 10 month commencing as of the first day of the month following the month of which the tax was to have been collected. B. Late Payment Penalty: If a tax is due and not timely paid to the City, a late payment penalty of five percent (5%) of the tax due shall be imposed in addition to any other interest due under this Chapter. A late payment penalty shall not apply if a Failure to File Penalty is imposed under this Chapter 3-9-9(C). C. Failure to File Penalty: If no return has been filed prior to the City issuing a notice of tax delinquency or notice of tax liability, then a failure to file penalty shall be assessed equal to twenty five percent (25%) of the total tax due for the applicable reporting period for which the return was required to be filed. D. Suit For Collection: Whenever any taxpayer fails to pay any tax or penalty required herein, the City Attorney shall, upon the request of the City Finance Director, bring or cause to be brought an action to enforce the payment of said tax on behalf of the City in any court of competent jurisdiction or in any authorized administrative tribunal. Any legal fees incurred by the City in the cost of collection shall be paid by the taxpayer. 3-9-10: ABATEMENT: The Local Tax Administrator shall have the authority to waive or abate any late filing penalty,late payment penalty or failure to file penalty if the Local Tax Administrator shall determine reasonable cause exists for delay or failure to make a filing. 3-9-11: INSTALLMENT CONTRACTS: At the discretion of the Local Tax Administrator, on behalf of the City, the Local Tax Administrator may, but is not required to, enter into an installment contract with the taxpayer for the payment of taxes under the controlling tax ordinance. The Local Tax Administrator may not cancel any installment contract so entered unless the taxpayer fails to pay any amount due and owing on time and fails to cure the delinquency in the time allowed in the installment contract or if the taxpayer fails to demonstrate good faith in restructuring any installment plan agreement or contract with the Local Tax Administrator. 3-9-12: STATUTE OF LIMITATIONS: The City, through the Local Tax Administrator, shall review all tax returns in a prompt and timely manner and inform taxpayers of any amounts due and owing. The taxpayer shall have forty-five (45) days after receiving notice of the reviewed tax returns to make any request for refund or provide any tax still due and owing. A. No notice of determination of tax due and owing may be issued more than four 4) years after the end of the calendar year for which the return for the applicable period was filed or the end of the calendar year in which the return for the applicable period was due, whichever occurs later. B.If any tax return is not filed or if during any four (4) year period for which a An Ordinance Creating a Municipal Retail Motor Fuel Tax,Implementing a Local Government Taxpayers'Bill of Rights Provision and Updating The City's Hotel Operators Occupation Tax Provisions, Page 11 notice of tax determination or assessment may be issued by the City,the tax paid was less than seventy five percent (75%) of the tax due for that period, the statute of limitations shall be six (6) years maximum after the end of the calendar year in which the return for the applicable period was due or end of the calendar year in which the return for the applicable period was filed,whichever occurs later. C. No statute of limitations shall apply if a fraudulent tax return was filed by the taxpayer. 3-9-13: VOLUNTARY DISCLOSURE: For any locally-imposed and administered tax for which a taxpayer has not received a written notice of an audit, investigation or assessment from the Local Tax Administrator, a taxpayer is entitled to file an application with the Local Tax Administrator for a voluntary disclosure of the tax due. A taxpayer filing a voluntary disclosure application must agree to pay the amount of tax due, along with interest of one percent (1%) per month,for all periods prior to the filing of the application,but not more than four(4)years before the date of filing the application. Except for the amount of tax and interest due under this Section, a taxpayer filing a valid voluntary disclosure application may not be liable for any additional tax, interest or penalty for any period before the date the application was filed. However, if the taxpayer incorrectly determined and underpaid the amount of tax due, the taxpayer is liable for the underpaid tax along with applicable interest on the underpaid tax, unless the underpayment was the result of fraud on the part of the taxpayer, in which case the application shall be deemed invalid and void. The payment of tax and interest must be made by no later than ninety(90) days after the filing of the voluntary disclosure application or the date agreed to by the Local Tax Administrator,whichever is longer. However,any additional amounts owed as a result of an underpayment of tax and interest previously paid under this Chapter must be paid within ninety(90) days after a final determination and the exhaustion of all appeals of the additional amount owed or the date agreed to by the Local Tax Administrator,whichever is longer. 3-9-14: PUBLICATION OF TAX ORDINANCES: Any locally administered tax ordinance shall be published via normal or standard publishing requirements. The posting of a tax ordinance on the internet shall satisfy the publication requirements. Copies of all tax ordinances shall be made available to the public upon request at the City Clerk's office. 3-9-15: INTERNAL REVIEW PROCEDURE: The Local Tax Administrator shall establish an internal review procedure regarding any liens filed against any taxpayers for unpaid taxes. Upon a determination by the Local Tax Administrator that the lien is valid, the lien shall remain in full force and effect. If the lien is determined to be improper,the Local Tax Administrator shall: A. Timely remove the lien at the City's expense; B. Correct the taxpayer's credit record; and An Ordinance Creating a Municipal Retail Motor Fuel Tax,Implementing a Local Government Taxpayers'Bill of Rights Provision and Updating The City's Hotel Operators Occupation Tax Provisions,Page 12 C. Correct any public disclosure of the improperly imposed lien. It shall not be considered an improper lien under this section when a validly-imposed lien is removed because the taxpayer has ultimately satisfied their outstanding tax,interest and penalties liability. The taxpayer shall bear the cost to remove such a lien. 3-9-16: APPLICATION: This Chapter shall be liberally construed and administered to supplement all of the City's tax ordinances. To the extent that any tax ordinance is in conflict with or inconsistent with this Chapter,this Chapter shall be controlling. SECTION 5: 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 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. PRESENTED to and PASSED by the City Council of the City of McHenry, Illinois, this day of July, 2020. APPROVED by me as Mayor of said City of McHenry, Illinois, this day of July, 2020. Wayne S. Jett, Mayor ATTEST: Trisha Ramel, City Clerk Passed: Approved: Z:IMMcHenryCityoflOrdinancesModel Municipal Retail Motor Fuel Tax and Local Government Taxpayer Bill of Rights Ordinance.CLEAN.docx An Ordinance Creating a Municipal Retail Motor Fuel Tax,Implementing a Local Government Taxpayers'Bill of Rights Provision and Updating The City's Hotel Operators Occupation Tax Provisions, Page 13 CERTIFICATION I, Trisha Ramel, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the day of 2020,the foregoing Ordinance entitled An Ordinance Creating a Municipal Retail Motor Fuel Tax, Implementing Local Government Taxpayers' Bill of Rights Provisions and Updating The City's Hotel Operators Occupation Tax Provisions as duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the day of 2020, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping,and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of 2020. Trisha Ramel, Clerk City of McHenry, McHenry County, Illinois SEAL) An Ordinance Creating a Municipal Retail Motor Fuel Tax,Implementing a Local Government Taxpayers'Bill of Rights Provision and Updating The City's Hotel Operators Occupation Tax Provisions, Page 14 Attachment A CITY OF 1 4,10McHai-onry.HEART OF THE FOX RIVER Local Motor Fuel Tax File Date* 7/7/2020 Owner/Corporate Name* Address Number,Street,City,State,Zip Contact Name Contact Phone Contact Email* Business Information if different from above) Business Name Address Number,Street,City,State,Zip Contact Name Contact Phone Contact Email l of 3 Add another location in McHenry Tax Calculation Collection Month* Year* 2020 Do you report multiple locations on a No -` Yes filed ST-1, ST-2, or CMFT-2 Form?* ST-1, ST-2, or CMFT-2 Account ID* Final Return? Calculate All Gallons Sold from form ST-1 , ST-2, or CMFT-2 Total Gallons Gasoline (Line 18 ST-1) Gasohol and majority blended ethanol (Line 19 ST-1) Diesel (including biodiesel and biodiesel blends) (Line 20 ST-1) Dieselhol and other fuels at diesel rate (Line 21 ST-1) Liquefied natural gas and liquefied petroleum gas (Line 22 ST-1) Compressed natural gas and other fuels at gasoline rate (Line 23 ST-1) Fleet Card Sales Sales from ST-2 or CMFT-2 Other Sales Not Reported on ST-1, ST-2, or CMFT-2 Total Gallons Sold in McHenry Including Fleet Card Sales) 0 City Tax Rate 0.03 2 of 3 City Tax Owed 0.00 Late Return?* No Yes Total Tax Due 0.00 Payment Option* ACH Payment Check ST-1, ST-2, or CMFT-2 Upload Upload Sales and Use Tax and E911 Surcharge Return Upload Signature* Sign Submit 3 of 3 Attachment B Method 1:Gas Tax Estimate Based on National Gasoine Use and Population Gallons of Gas(non-diesel)used in 2019 142,320,000,000 United States Population 2019 328,200,000 Gallons/population 434 City Population 26,993 Estimated Gallons of Gas Purchased by City Residents 11,705,191 Estimated Funding Based on 3-cent Gas Tax 351,156 Method 2:Gas Tax Esitmate Based on Original MFT Tax Gas Tax Received by Municipalities 4.8 cents/gallon MFT Dollars Distributed to McHenry 690,000.00 Ratio of 3.0-cent Tax(local)to 4.8-cent Tax(MFT) 62.50% Estimated Funding Based on 3-cent Gas Tax 431,250 Method 3:Gas Tax Estimate Based on Comparable Municipalities Total 2017 Gas Tax Revenues City of Batavia(pop 26,316)at 3-cent/gallon 426,695 At this point I would estimate$350,000/yr if a City-wide 3-cent gas tax were implemented. 5/7/2020 State-level average annual gasoline expenditures per capita ranged from$400 to$1,400-Today in Energy-U.S.Energy Information Adm... Today in Energy August 14, 2019 State-level average annual gasoline expenditures per capita ranged from $400 to 1,400 U.S. motor gasoline expenditures per capita (2017) dollars ela Wyoming North Dakota 11111r viol' South Dakota Delaware Montana 11/4111114t11111glablikillU.S. average Utah Illinois Rhode Island New York dollars per capita (2017) District of Columbia less than $1,000 .$1,200 to $1,299 1,000 to$1,099 1.$1,300 or more 0 500 1000 1500 111$1,100 to$1,199 Source: U.S. Energy Information Administration, State Energy Data System Data from the U.S. Energy Information Administration's (EIA) new Key Statistics and Indicators section of the State Energy Data System SEDS) show that nominal per capita U.S. motor gasoline expenditures (the amount of money spent to consume motor gasoline in the United States)averaged$1,072 in 2017, an 11% increase from 2016 and the first annual increase since its peak of more than$1,500 in 2012.Wyoming had the largest average motor gasoline expenditures per capita of any state in 2017 at$1,441, while New York had the smallest of any state at$708. Average expenditures in the District of Columbia were lower than all states at$395. Total U.S. motor gasoline expenditures were$348 billion in 2017, an increase of 12%from the previous year. The increase was primarily caused by an increase in the U.S. average price of motor gasoline,which more than offset a 0.2%decrease in U.S. gasoline consumption from the previous year. The U.S. price of motor gasoline in 2017 averaged$2.44 per gallon (not including local taxes), a 12% increase from 2016. Motor gasoline expenditures and consumption per capita, selected states (1970-2017) 2017 U.S. dollars gallons 2,500 900 800 2,000 700 Wyoming 1,500 1..600 North 500 Dakota u.s. US average 1,000 • 4;.. 400 average 434 Gallons Per Capita300NewYork 500 200 100 District of Columbia 0 1 I , ( 1 1 ( I (0 1970 1980 1990 2000 2010 1970 1980 1990 2000 2010 ePa https://www.eia.gov/todayinenergy/detail.php?id=40893 1/2 5/7/2020 State-level average annual gasoline expenditures per capita ranged from$400 to$1,400-Today in Energy-U.S. Energy Information Adm... Source: U.S. Energy Information Administration, State Energy Data System Note: SEDS expenditures per capita data adjusted to account for general inflation. Accounting for general inflation, U.S. motor gasoline expenditures per capita were relatively low in the late 1980s and throughout the 1990s before increasing to a high of$1,650 in 2008. U.S. motor gasoline expenditures decreased each year from 2011 through 2016 before increasing slightly in 2017. States such as Wyoming, North Dakota, South Dakota, Delaware, and Montana have significantly higher motor gasoline expenditures per capita than the U.S. average. These states tend to have relatively small, less dense populations and less access to alternative forms of transportation that are common in urban areas. These states are also among the highest in vehicle miles traveled per capita. Individuals in Wyoming spent more for motor gasoline in every year since 1970, the earliest year EIA has recorded, except in 2014 when individuals in North Dakota spent more. People in more densely populated areas, such as the District of Columbia, New York, Rhode Island, and Illinois tend to spend less in total for motor gasoline. These areas have more access to alternative modes of transportation and mass transit, and dense development makes walking and biking more feasible,which reduces motor gasoline consumption per capita. These factors are especially evident in the District of Columbia, which has seen significantly lower motor gasoline consumption per capita since the early 2000s with additions to its public transportation infrastructure. U.S. motor gasoline prices (2017) dollars per gallon C1 Hawaii Alaska 01'111.1111111 islircCalifornia Washington iN DC Oregon U.S. average Louisiana Georgia Texas Mississippi dollars per gallon (2017) Alabama less than $2.25 111$2.46 to$2.55 j$2.26 to$2.35 II$2.56 or more 0.00 1.00 2.00 3.00 4.00 III$2.36 to$2.45 Source: U.S. Energy Information Administration, State Energy Data System Note: SEDS price data (in dollars per million British thermal units)are converted to dollars per gallon and do not include local taxes. Differences in motor gasoline prices across states tend to have a limited effect on relative patterns of motor gasoline consumption. Hawaii, despite typically having the highest average motor gasoline prices, is near the national average for motor gasoline expenditures per capita. In contrast, Alabama and Mississippi,the states with the two lowest average motor gasoline prices in 2017, are both among the top 10 states with the highest motor gasoline expenditures per capita. Principal contributors: Mickey Francis, Emily Miller https://www.eia.gov/todayinenergy/detail.php?id=40893 2/2 MFT Funds Source, Distribution, & Uses for Municipality July 2017 DISTRIBUTION OF THE ILLINOIS MOTOR FUEL TAX FUND ORIGINAL MFT (19 cents/gallon) REVENUE DISTRIBUTION FLOW CHART MOTOR FUEL TAX DIESEL FUEL DIFFERENTIAL 19.0 cents/gallon 2.5 cents/gallon MOTOR FUEL TAX FUND Diesel Differential 2.5 cents/gallon AdministrativeCosts STATE BOATING ACT FUND 420,000/month Supervision Costs MISC costs GRADE CROSSING PROTECTION about 1.0 Refunds FUND cents/ 3,500,000/month gallon Vehicle Inspection Fund I 30,000,000/Year ( Rail/Highway Grade Transportation Separation Structures. Regulatory Fund Minimum 3,000,000/year Court of Claims 12,000,000/year IFTA Payments 9.8 cents/gallon State Portion MOTOR FUEL Local Portion 45.6% TAX FUND Balance 54.4/° 4.8 cents/gallon Construction Road MUNICIPALITIES Account '.41 " Fund 49.10% 37.0% 63.0% COUNTIES OVER STATE 1,000,000 POPU LATION CONSTRUCTION ROAD FUND 16.74% ACCOUNT COUNTIES UNDER Township Bridge 1,000,000POPULATION Program 18.27% 1,250,000/month ROAD DISTRICTS/ TOWNSHIPS 15.89% The net result is that municipalities receive approximately 4_8 cents/gallon out of the MFT Original Gas Tax of 19.0 cents/gallon. 9 City of Batavia 2020 Annual Budget Revenues Fund #10 - General Fund Approved Proposed Actual Actual Budget Estimated Budget Acct. Description 2017 2018 2019 2019 2020 4135 Local Use Tax 673,694 765,085 735,000 836,000 882,000 4210 Pers Property Repl Tax 223,292 184,542 185,000 215,000 223,500 4220 State Income Tax 2,366,177 $2,512,400 2,525,000 2,703,000 $2,725,000 4370 B&C Fire Prot Dist 247,017 250,000 250,000 250,000 250,000 4386 Maintenance of State Highways 59,137 48,895 48,900 50,293 50,500 4402 Township Transit Reimb. 42,141 38,005 40,000 38,000 40,000 01 Intergovernmental 3,611,458 $3,798,927 3,783,900 4,092,293 $4,171,000 4115 Simplified Telcom Tax 739,731 716,257 720,000 632,000 575,000 4120 Elec FF&Water Utility Tax 2,054,513 $2,009,865 2,065,000 1,965,571 2,000,000 4121 Liquor Sales Tax 378,228 378,980 380,000 357,000 370,000 14122 Gasoline Tax 426,695 I 0 0 0 0 4123 Natural Gas Tax 623,370 725,805 700,000 728,000 740,000 4245 Waste Transfer Fee 520,741 555,152 520,000 535,000 540,000 4324 Payments in Lieu of Taxes 18,296 720,087 770,700 775,700 776,000 4325 ROW Franchise Fees 467,779 454,233 450,000 447,000 450,000 01 Municipal Taxes/Fees 5,229,353 $5,560,379 5,605,700 5,440,271 5,451,000 4010 Real Estate Taxes-General 3,940,240 $4,359,306 4,258,011 4,258,000 $4,207,086 4011 Real Estate Taxes-Pension 2,559,771 $2,751,784 2,995,823 2,995,823 $3,300,571 4015 SSA Property Tax 7,048 4,691 6,000 6,000 6,000 4240 Road&Bridge Tax 33,921 33,970 34,000 34,000 34,000 01 Property Taxes 6,540,980 $7,149,751 7,293,834 7,293,823 $7,547,657 4110 State Sales Tax 5,214,685 $5,095,023 5,075,000 5,100,000 $5,115,000 41 1 1 Home Rule Sales Tax 3,761,134 $3,698,173 3,675,000 3,630,000 $3,620,000 01 Sales Taxes 8,975,819 $8,793,196 8,750,000 8,730,000 $8,735,000 4251 Licenses 75,380 77,897 76,500 75,000 76,500 4271 Building Permits 283,275 305,290 285,000 380,000 350,000 4301 Engineering Plan Review Fee 17,742 94,687 80,000 30,000 94,525 4302 Engineering Inspection Fee 34,351 212,818 200,000 50,000 185,000 4310 Plumbing Inspection Fee 43,678 60,958 40,000 95,000 95,000 4316 Planning&Zoning Fees 35,868 49,775 55,000 35,000 50,000 4318 Survey Monumentation Fee 19,569 42,944 50,000 10,000 20,000 4320 Leaf&Brush Collection 454,758 455,336 458,000 456,000 458,000 4330 Cemetery Fees 65,650 46,991 60,000 55,000 60,000 4355 Police Reimbursements 130,217 135,773 130,000 136,000 150,000 4392 Household Haz Waste Fee 25,911 25,971 26,000 26,217 26,217 04 Fees& Services 1,186,399 $1,508,440 1,460,500 1,348,217 $1,565,242 5 Department of Community Development A McHenry Municipal Center y 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 jPyy Fax (815)363-2173 1V1C1 1e lll www.cityofmchenry.org AGENDA SUPPLEMENT TO: Mayor and City Council FOR: July2020, 2020 Regular City Council Meeting FROM: Cody Sheriff,City Planner RE: Residences of Stonewood Subdivision—Conceptual Presentation & Discussion ATT: 1.Location Map 2.Preliminary Concept Plans 3.Exhibit"C"from Bull Valley Road/Miller Road/River Road/Chapel Hill Road CorridorStudy AGENDA ITEM SUMMARY: The petitioner, Paul Swanson (architect), is requesting preliminary feedback from City Council for a conceptual 10 5-unit townhome subdivision development prior to submitting an application. BACKGROUND: The subject property consists of 5.87 acres, more or less,and is located directly north of the intersection of W. Bull Valley Road and Cunat Drive.The conceptual proposal consists of 10 2-story 5-unit buildings with 3 bedrooms.As part of the approval process, the petitioner will be required to dedicate a portion of the property for public right-of-way to the McHenry County Division of Transportation along Bull Valley Road.Additionally,the Bull Valley Road/Miller Road/River Road/Chapel Hill Road Corridor Study does recommend a signalized intersection at Cunat Drive and Bull Valley Road. Per County Ordinance,a trafficsignal is installed only when certain performance metrics are met. The petitioner is requesting preliminary feedback from City Council prior to submitting a formal application. 1 WINDING& ,I - \A" " -...., 4 I t.• 7. 1 Rilt".... 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IDOT Letter Dated February 7, 2018 2. Letter of Intent approved in August 2018 3. Project Update Memorandum June 19, 2020 4. Local Improvement Cost Estimates and Funding Scenarios 5. IDOT Preferred Alternative Typical Sections AGENDA ITEM SUMMARY: The purpose of the City Council Agenda Discussion Item is for City Council to discuss the City of McHenry local improvements associated with the reconstruction of Illinois Route 31 and to provide staff direction regarding which local improvements to pursue based upon potential funding scenarios. BACKGROUND: The Route 31 Project, when completed, will expand the cross section of Route 31 from a two and three lane section to a five lane section with turn lanes and medians through the corporate limits of the City of McHenry. While the project will be disruptive, the project will also improve traffic congestion in the City of McHenry and can potentially be a shot in the arm to the local economy. Phase I Engineering is now finalized and the project has secured Phase I approval from the Federal Highway Administration (FHWA). The next step in the project will be Phase II Engineering which includes plan production, utility relocation design, and right of way acquisition. This phase will also include the final execution of an Intergovernmental Agreement which dictates the terms of the City's participation in the project. This agreement is of specific importance with regard to items such as traffic signals, street lights, sidewalks, and municipal utilities. Earlier in the Phase I process the City was given opportunities to make its own recommendations on these items to IDOT and for IDOT to speak at City Council. As a result of this process a Letter of Intent was executed which is essentially a "pre-IGA" document that allows IDOT to plan its Phase II Engineering based upon assumptions identified in the LOI. However, the final IGA terms will govern the City's participation in the project and these terms need to be finalized and can be revised from what is outlined in the LOI. Phase II Engineering is underway and IDOT has secured a consultant to provide Phase II services. Staff will begin coordination of the City's participation in the project with IDOT and the Phase II consultant shortly. Prior to this startup, staff will require direction on each of the identified local improvements based upon potential funding scenarios in order to properly coordinate the City's interests. Attached to this supplement is a spreadsheet which identifies each of these items,the associated costs, funding options, and next steps moving forward. ANALYSIS: Locally Funded Improvements Traffic Signals Traffic Signals are proposed at four intersections: Prime Parkway/Albany Street, Shamrock Lane, Lillian Street/Grove Avenue, and IL Route 120. For these signal installations the City is responsible for the costs to construct the City leg of each intersection and the associated portion of electrical costs. These improvements are eligible for federal aid and the anticipated City portion of the improvements is $103,870. These improvements and the City portion of the funding are costs which the City must participate in based upon existing agreements. Sidewalks and Multi-Use Path The IDOT policy regarding sidewalks allows for the construction of sidewalks and multi-use paths in the State Right of Way within municipal limits. These improvements are eligible for federal aid. However, it is important to note that the maintenance of such sidewalks and paths including repairs and/or replacement becomes the responsibility of the municipality for the duration of the life of the improvements. The current City portion for the construction of sidewalks is 97,808 and the current City portion for the construction of a multi-use path is $65,608. Should the City elect not to participate in such improvements, IDOT will complete grading work such that the future construction of the multi-use path will be able to be accommodated. Because the decision to participate in these improvements may depend on the funding scenario, staff will require direction on this item for both cases. Street Lighting Street lighting on IL State Routes within municipal limits is typically an improvement which is undertaken by the municipality. Should the municipality elect to pursue federal aid for highway lighting this effort would need to be undertaken by the municipality through State and Federal funding programs. These improvements, when completed, would be the responsibility of the municipality to maintain. Currently, the City of McHenry is the only City including street lighting in its section of the project. The City street lighting estimate of cost is currently $1,050,000. Because the decision to participate in these improvements may depend on the funding scenario staff will require direction on this item for both cases. Municipal Utilities Municipal Sanitary Sewer Main and Water Main are typically allowed to be constructed and operated within IDOT right of way through a permit process in a similar fashion to other public utilities. As these municipal utilities are in the right-of-way at IDOT's permission they are obligated to relocate at 100% local cost should any IDOT improvement make their relocation necessary. The City has sanitary sewer and water main within the IDOT right of way on one or both sides of the road throughout most of the project limits. Due to the drastic change in configuration and redesign of the mainline storm sewer system, all or most of the City utilities are potentially in conflict with the proposed improvements. The IDOT estimate for relocation of City utilities is approximately $2.8 million all of which would be locally funded. Staff are recommending that engineering work be funded and commence in Fiscal Year 2021/2022. CONCLUSIONS: Staff is requesting direction from City Council regarding each of the identified local improvements based upon the possible funding scenarios and timelines identified. Based upon the direction of City Council, staff will coordinate with IDOT upon startup of Phase II Engineering and will negotiate the final IGA based upon such direction. Illi r Depart -of Iran Office of Highways Project Implementation / Region 1 /District 1 201 West Center Court/Schaumburg,Illinois 60196-1096 February 7, 2018 The Honorable Wayne Jett Mayor City of McHenry 333 S. Green Street McHenry, IL 60050 Dear Mayor Jett: The Illinois Department of Transportation (Department) is in the process of finalizing preliminary engineering and environmental studies (Phase I) for the improvement of Illinois Route 31 (IL 31) from Illinois Route 176 (IL 176) to Illinois Route 120 (IL 120) in McHenry County. Funding for Phase ii engineering is included in the Department's FY 2018-2023 Proposed Highway Improvement Program. The remaining elements of the project, land acquisition and construction, will be included in our priorities for future funding consideration among similar improvement needs throughout the region. This will serve as a Letter of Intent between the City of McHenry(City) and the Department confirming your concurrence with the proposed improvement plan and the cost participation responsibilities for the subject project. The general scope of work for this improvement consists of roadway widening and reconstruction to provide two lanes in each direction separated by a median, bicycle and pedestrian accommodations, and intersection and drainage improvements. A public hearing for the project was held on February 8, 2017. This scope of work was discussed in greater detail in coordination with the City. The proposed roadway geometry is enclosed for your information. Based on previous coordination with the City, specific items identified by the Department requiring cost participation by the City include traffic signal replacement, bicyclist and pedestrian accommodations, and roadway lighting. Additional discussion regarding emergency vehicle pre-emption devices, landscaped medians, and utility relocation is included for your information. Traffic Signal Replacement Traffic signal replacement is proposed at the intersections of IL 31 at Prime Parkway/Albany Street, Shamrock Lane, Lillian Street/Grove Avenue, and IL 120. The total cost of the traffic signal work at these intersections is 1,391,000. As outlined in the attached Exhibit A, funds provided by the Federal Highway Administration (FHWA) may be used for 80% of the traffic signal costs with the Department and City sharing in the remainder of the cost, based on the percentage of approach leg jurisdiction. If federal funds are not used, the FHWA share will be assumed by the Department. The City has jurisdiction of the west and east legs of Prime Parkway/Albany Street, the west leg of Shamrock Lane, and the west and east legs of Troy The Honorable Wayne Jett February 7, 2018 Page two Lillian Street/Grove Avenue. Therefore, the cost of the traffic signals to the City is $103,870, including a 15% engineering fee as outlined on the following table. FHWA Division of Remaining Engineer- Total Location improvement Cost Costs ing City Department City Fee, 15% Cost iL 31 at Traffic SignalPrime Replacement $ 320,000 $40,000 40,000 $6,000 $46,000 Parkway/Albany $400,000 80%) 10%) 10%) Street IL 31 at Traffic Signal $ 212,800 $35,378 17,822 $2,673 $20,495 Shamrock Lane Replacement ( 80%) 13.3%) 6.7%)266,000 IL 31 at Traffic SignalLillianReplacementic 260,000 $32,500 32,500 $4,875 $37,375 Street/Grove 325,000 80%) 10%) 10%) Avenue IL 31 at Traffic Signal $ 320,000 $80,000 0 0 0 IL 120 Replacement ( 80%) 20%) 0%)400,000 Total City Costs- Traffic Signals 103,870 Energy and Maintenance Costs for Traffic Signals Energy and maintenance costs will continue as outlined in the existing Master Agreement executed between the City and the Department. Emergency Vehicle Pre-Emption (EVP) Devices There are emergency vehicle pre-emption (EVP) devices on the traffic signals at these four intersections. Based on coordination with the McHenry Township Fire Protection District(District), the EVP devices are owned by the District. The estimated cost to reinstate the EVP devices is $6,900 per signalized intersection, including a 15% engineering fee. A Letter of Intent will be sent to the District outlining the cost participation responsibilities for the continued use of EVP devices as a result of the traffic signal replacements. Bicyclist and Pedestrian Accommodations As described in the attached Exhibit A, the Department is responsible for 100% of the cost for removal and replacement of existing sidewalk/paths affected by the roadway improvements. There is approximately 3,840 feet of existing sidewalk along the west side of IL 31 north of Bull Valley/Miller Road that is proposed to be replaced in kind, and 3,300 feet of existing sidewalk along the east side of IL 31 north of Bull Valley/Miller Road that is proposed to be The Honorable Wayne Jett February 7, 2018 Page three replaced with a shared-use path. In addition, there is approximately 5,100 feet of existing sidewalk along both sides of Lillian Street/Grove Avenue and IL 120 that is proposed to be replaced in kind. According to Department policy, a separate shared-use path and/or sidewalk is required to accommodate bicyclists and pedestrians along, or short distances outside of, the project limits if the local agency is willing to participate in cost sharing and take maintenance responsibilities of this shared-use path and/or sidewalk. The local cost share for new pedestrian and bicyclist facilities is 20% of the construction cost, plus a 15% engineering fee. Based on previous coordination with the City, new shared-use paths and sidewalks are proposed as follows: Eight to ten-foot wide shared-use path along the east side of IL 31 from south of Veterans Parkway to Grove Avenue (8,150 feet) Five to seven-foot wide sidewalk along the west side of IL 31 from south of Veterans Parkway to Kane Avenue (12,150 feet) The estimated cost of the new shared-use path is $285,200. The City's portionwouldbeapproximately$65,608, including a 15% engineering fee. The estimated cost of the new sidewalk is $425,250. The City's portion would be approximately$97,808, including a 15% engineering fee. If the City is willing to include these bicyclist and pedestrian accommodations as part of this improvement, in addition to their share of the costs associated with construction, the City must agree to accept long term responsibility for the administration, control, reconstruction, and maintenance of the shared-use pathandsidewalk. If the City chooses not to participate in the bicyclist or pedestrian accommodations, the Department requests that a local resolution indicating their non-participation be sent to the Department(see enclosed example). Without local agency cost participation, the Department will consider a means to accommodate bicyclist and pedestrian facilities in the future. At this time, this consists of the proposed installation of a ten-foot wide shelf along the east side of IL 31. In the future, a path could be installed on the shelf via permit at100% local cost. Roadway Lighting The existing roadway lighting along IL 31, which is owned and maintained by the City and ComEd, has to be relocated at various locations where it is in conflict with the proposed improvement. The existing lighting does not meet Illuminating Engineering Society(lES) Standards and should be removed and/or upgraded to current standards. A more detailed analysis in Phase II, is needed to determine if the existing City-owned light poles can be salvaged or if they would need to be replaced. It is our understanding that the City has a lighting agreement with ComEd. The City will need to request that ComEd pursue the removal of the existing substandard lighting. The Honorable Wayne Jett February 7, 2018 Page four As outlined in the attached Exhibit A, all costs and long-term maintenance associated with roadway lighting within the corporate limits of a municipality are a local responsibility. In a meeting on January 22, 2015, the City indicated they are considering new roadway fighting along IL 31 from Lillian Street/Grove Avenue to IL 120. In subsequent correspondence on August 28, 2017, the City also requested decorative and pedestrian lighting with limits extending to Crystal Lake Road along IL 120. If the existing light poles cannot be salvaged, the estimated cost for new and replacement lighting and removal of existing lighting is $1,000,500, including a 15% engineering fee. In addition, the City must agree to accept long-term responsibility for the administration, control, and maintenance of the roadway lighting. Local agencies are required to secure federal funds through the Council of Mayors to upgrade or install locally-owned roadway lighting on future state-let contracts. The local agency would need to ensure the federal and local matching funds are programmed through both the Council of Mayors and the District One Bureau of Local Roads and Streets, in order to coincide with the state letting schedule for the IL 31 improvement. If the local agency is unable to secure federal funds for roadway lighting, they may pursue the installation of roadway lighting under a separate, locally[et contract, or via permit through the District One Bureau of Traffic- Permits Section. For information about permits along state highways, contact Thomas Gallenbach, District Permit Coordinator, at (847) 705-4130. Landscaped Medians If the City chooses to upgrade the proposed grass medians to include additional landscape items, such as trees, the City would need to agree to accept responsibility for the long-term maintenance of the landscaping in the medians, all within the municipal boundaries of the City. The inclusion of trees on the landscaped median would not typically require local cost participation. Additional shrubs and perennials as well as other ornamental median or roadside features can be included with the project but may require some City cost participation. The Department would work with the City on the development of an enhanced landscape plan, noting the City will be responsible for the future maintenance of all median and roadside landscaping within the City limits. All proposed landscaping elements must be contained within the highway right-of-way. Utility Relocation Public utilities, installed in the highway right-of-way via permit and requiring relocation, will be relocated at no expense to the Department. The City will be responsible for relocation of its facilities in conflict with the proposed improvements. Facilities subject to the previously stated condition may include, but may not be limited to, watermain and fire hydrants as well as storm, sanitary, and/or combined sewers. A potential for conflicts exists for water main, fire hydrants, and sanitary sewer. The estimated cost for City utility relocation is $2,766,000. A more detailed study of conflicts will be initiated during Phase II. The Honorable Wayne Jett February 7, 2018 Page five Summary of Estimated Costs The estimated total cost responsibility for the City, based on the available information collected during the Phase I process is approximately$1,267,785 as outlined in the following table. However, this does not include the cost of utilities, which should be pursued independently by the City. Improvement City Engineering Total City Cost Fee (15%) Cost Traffic Signals 90,322 13,548 103,870 Shared-Use Path 57,050 8,558 65,608 Sidewalk 85,050 12,758 97,808 Roadway Lighting 870,000 130,500 1,000,500 Total City Costs 1,267,785 At the end of this Letter of Intent, there is an area where you can state your concurrence to the cost participation items outlined above. This Letter of Intent will be used as a basis during Phase II, to develop a project agreement between the City and the Department. Please return an original signed copy of this letter within 90 days so we may maintain our project schedule. If you have any questions or need additional information, please contact me or Kimberly Murphy, Consultant Studies Unit Head, at (847) 705-4791. Very truly yours, ij/ j,r f Anthony J. Quigley, Region One Engineer Attachments cc: Doug Martin Jon Schmitt Project and Environmental Studies IL 31 from IL176 to IL120 McHenry County Concur with project scope: Yes No Concur with shared-use path scope, Concur with traffic signals scope, cost, costs, and long-term maintenance: energy and maintenance costs: Yes Yes No No Concur with sidewalk scope, costs,Concur with roadway lighting scope, and long-term maintenance: costs, and long-term maintenance: Yes Yes No No Name: Signature: Title: Date: Comments: SUGGESTED RESOLUTION LANGUAGE FOR NON-PARTICIPATING LOCAL AGENCIES WHEREAS, The Illinois Department of Transportation (Department) has the power to approve and determine the final plans, specifications and estimates for all State highways; and WHEREAS, the Department's projects must adequately meet the State's transportation needs, exist in harmony with their surroundings, and add lasting value to the communities they serve; and WHEREAS, the Department must embrace principles of context sensitive design and context sensitive solutions in its policies and procedures for the planning, design, construction, and operation of its projects for new construction, reconstruction, or major expansion of existing transportation facilities by engaging in early and ongoing collaboration with affected citizens, elected officials, interest groups, and other stakeholders to ensure that the values and needs of the affected communities are identified and carefully considered in the development of transportation projects; and WHEREAS, Bicyclist and pedestrian ways must be given full consideration in the planning and development of transportation facilities, including the incorporation of such ways into State plans and programs; and WHEREAS, The State's complete streets law requires bicyclist and pedestrian ways to be established in or within one mile of an urban area in conjunction with the construction, reconstruction, or other change of any State transportation facility, except in pavement resurfacing projects that do not widen the existing traveled way or do not provide stabilized shoulders, or where approved by the Secretary of Transportation based upon documented safety issues, excessive cost or absence of need; and WHEREAS, During the development of highway projects throughout the State, the Department gives consideration to accommodating bicyclists and pedestrians on a need-basis; and WHEREAS, The Department has presented the City of McHenry, for its consideration, a bicyclist and/or pedestrian improvement with funding to be split 80% State, 20% local with maintenance to be provided by the City of McHenry; therefore, be it RESOLVED, That the City of McHenry hereby rejects the Department's proposed bicyclist and/or pedestrian improvement and acknowledges that such rejection will result in a cancellation of the proposed improvement; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Project Engineer associated with the proposal, or his or her equivalent, within the Department. Exhibit "A" TRAFFIC SIGNAL PARTICIPATION The cost participation associated with traffic signal installation, modernization, or relocation will be in accordance with 92 III.Adm. Code 544 "Financing of Traffic Control Signal Installations, Modernization, Maintenance, and Operation on Streets and Highway under State Jurisdiction." Traffic signals may be installed only where conditions meet warrants established in the current Illinois Manual on Uniform Traffic Control Devices. If a new signal installation is warranted, it may be included within the roadway improvement. Current IDOT policy requires that DOT and Local Agency (ies) share the responsibility for installation, modernization, and relocation of traffic signals. The installation, modernization, and relocation of pedestrian signals associated with traffic signal improvements will also require the Department and Local Agency (ies) to share financial responsibility. The eligible share of the cost to each agency will be in proportion to the number of intersection approaches that the agency maintains. Generally, traffic signal costs are 80% Federal and 20% non- Federal based on established cost participation policy (90% Federal and 10% non-Federal for safety projects). IDOT will participate in the non-Federal portion for the State-owned legs of an intersection. At locations where all legs of an intersection are State-owned, IDOT will participate in 100% of the cost of the traffic signal installation, modernization, or relocation. Closely spaced new or modernized traffic signals within the improvement limits generally require signal coordination or hardware interconnection for the purpose of providing vehicle progression. IDOT will be financially responsible for 100% of coordination or interconnection costs. IDOT will be financially responsible for 100% of the installation and modernization of traffic signals at ramp terminals of ramps connecting to or from a State highway. The entire cost of installing push button ("Fire pre-eruption") and emergency vehicle pre- emption equipment is the responsibility of the requesting local fire district or municipality. The entire cost of installing, modernizing, relocating, maintaining and energizing private benefit signals is the responsibility of the private benefit agency being served by the traffic signals. However, IDOT will enter into a formal agreement for a private benefit signal installation only with the local jurisdictional or governmental agency. It should be noted that an agency involved might voluntarily assume responsibility for another agency's share of the cost in order to expedite the installation or modernization. When warrants are met for school crossing signals at public road intersections, the eligible share to each agency for the installation and modernization cost shall be split on a 50/50 basis or in proportion to the number of intersection approaches that each agency maintains. Page 1 TRAFFIC SIGNAL MAINTENANCE At intersections lying wholly outside the Corporate Limits of any municipality, IDOT will be responsible for the maintenance of the signals. At intersections lying wholly or partially within the Corporate Limits of one or more municipalities, IDOT will assume the following costs for the maintenance of traffic signals on State highways within municipalities: A) The total costs for all signals at the intersections of two or more State highways. B) The total costs for all signals at the intersections along State highways that have an average daily traffic in excess of 35,000 vehicles per day as shown on the latest published edition of the traffic volume (AADT) map. The District Engineer will determine the limits of this section within the municipality. C) The total costs for all signals located at the terminals of ramps connecting to or from a State highway. D) At all other intersections IDOT and the municipalities will share in the cost of signal maintenance, The cost to the municipalities will be in proportion to the number of approaches that they maintain. ENERGY CHARGES The division of financial responsibility for the energy charges will be as follows: A) At intersections lying wholly outside the Corporate Limits of any municipality, IDOT will pay the energy charges for the operation of the signals. B) At intersections lying wholly within the Corporate Limits of a municipality, IDOT and the municipality will share the energy charges according to the proportionate number of intersection approaches maintained by each agency. C) At intersections lying partially within the Corporate Limits of one or more municipalities, the municipalities will be responsible for the energy charges. Traffic Signal Master Agreements, consummated by !DOT, give municipality defined maintenance and energy responsibilities required for the operation of traffic signals. New traffic signal improvements shall contain maintenance and energy provisions in the improvement agreement adding the new traffic signals to said Master Agreement. Existing traffic signals to be modernized or relocated, shall contain maintenance and energy provisions in the improvement agreement indicating traffic signal maintenance and energy responsibilities for given traffic signal(s) shall continue to be as outlined in the Master Agreement. Certain circumstances, such as jurisdictional transfers of roadway segments affecting signalized intersections with the improvement limits, could result in a revision to maintenance and energy responsibilities contained in the Master Agreement for a given traffic signal(s). An amendment to the Master Agreement would be required. IDOT does not share in maintenance costs for school crossing signals unless specified otherwise in the Master Agreement or if the school crossing signals are installed at public road intersections for which the maintenance costs shall be shared in proportion to the number of intersection approaches that each agency maintains. Page 2 PARKING LANES If a new parking lane is added, IDOT will participate in 50% of the cost if the ADT is greater than 5,000 vehicles per day and if the pavement composition and lane width meets the IDOT criteria. The municipality would assume the total cost (100%) of the parking lane if the pavement composition or lane width does not meet IDOT criteria or if the ADT is less than 5,000 vehicles per day. If an exclusive existing parking lane requires resurfacing, [DOT will participate in 50% of the milling and resurfacing costs for parking with lane widths equal to or less than the adjacent travel lanes. The municipality will assume the total cost (100%) of the milling and resurfacing costs for that portion of the parking that is greater than the width of the adjacent travel lane. The municipality will also assume 100% of any base repair cost for the entire width of the existing parking as well as any patching and curb and gutter repairs. If the municipality declines to participate, a very minimal amount of resurfacing would be done [DOT expense. Minimal amount of resurfacing is defined as a taper across the parking lane ranging from approximately 1Y inch thick adjacent to the through lane to 1 inch or less adjacent to gutter line). IDOT will assume the total cost (100%) associated with the milling and resurfacing of parking lanes when parking is eliminated during one or more peak hours. The municipality is responsible for the total cost (100%) of reconstructing existing parking and any adjacent curb and gutter. The State will not consider an improvement of a State-maintained highway unless the proposed parking or existing parking adjacent to the traffic lanes is parallel parking except as provided under Chapter 95 1/2 Art. 11-1304(c) (Illinois Revised Statutes). Parking prohibition ordinances will be required through areas where there are no parking lanes. ROADWAY MAINTENANCE The State will assume the maintenance cost associated with the through traffic lanes, turning lanes, and the curb and gutter adjacent to these traffic lanes. The municipality will assume the maintenance cost associated with all other facilities including but not limited to items such as storm sewers, parkways, exclusive parking lanes, curb and gutter adjacent to the parking lanes, sidewalks, landscape features, appurtenances, etc. UTILITY RELOCATION Municipal utilities, installed by permit and requiring relocation, will be relocated at no expense to the Department. Municipal utilities installed prior to the Department's assuming maintenance of the roadway will be relocated, if required, at IDOT expense. The cost of any improvement to, or betterment of municipal utilities,would be the entire financial responsibility (100%) of the local agency. Page 3 ROADWAY LIGHTING Existing highway lighting that is owned and maintained by the municipality, will be relocated and upgraded to current standards. New lighting, proposed by the municipality, may be incorporated into the total improvement plans. The cost of the above work would be the entire financial responsibility of the local agency. PEDESTRIAN AND BICYCLE FACILITIES Sections 17 Bicycle and Pedestrian Accommodations and 48-2.04 Sidewalks of the IDOT Bureau of Design and Environment Manual establish the criteria to determine pedestrian and bicycle needs. Maintenance responsibilities as well as State and local agency participation toward the cost of these facilities included as part of a roadway construction contract on a State route shall be in accordance with Sections 5-03 and 5-05 of the Bureau of Design and Environment Manual as follows. Maintenance Responsibilities —The Municipality will maintain any new or replacement sidewalks the Department provides in conjunction with the highway improvement project, excluding those constructed on structures. The Municipality will also maintain any bicycle paths associated with the State highway project other than that portion of the bicycle path carried on state structures. The State will assume the maintenance responsibilities for On- Road Bicycle Lanes or Wide Outside Lane and Widened Shoulders constructed as bicycle accommodations. Cost Participation 1. New and Deteriorated Sidewalks— Use the criteria in Chapters 17 and 48 to determine the warrants for sidewalks. If these criteria are met and the Local Agency agrees to maintain the sidewalks, proportion the improvement costs associated with new or deteriorated sidewalks as follows: a. New Sidewalks-Proportion the cost between the State and Local Agency at 80/20 for new sidewalks within the project termini or for short distances outside the project termini as may be required to connect sidewalks to significant pedestrian generators (e.g., schools, transit facilities). The Phase I Study Report will document the need for sidewalk construction. b. Deteriorated Sidewalks—The Local Agency will pay 100% of the cost to remove existing deteriorated sidewalks. Proportion the cost 80/20 between the State and Local Agency for deteriorated sidewalk replacement when associated with a highway project. Local Agency will pay 100% of the cost of decorative sidewalks. c. Sidewalk Removal and Replacement—The State is 100% financially responsible for removing and replacing existing sidewalks if such a need is caused by the construction of an IDOT highway improvement. 2. Bicycle Accommodations— Use the criteria in Chapter 17 to determine the warrants for bicycle accommodations. If these criteria are met and the Local Agency agrees to maintain the bicycle accommodation as appropriate, proportion the improvement costs associated with the bicycle accommodations as follows: Page 4 a. On-Road Bicycle Lanes — Proportion the cost 80/20 between the State and Local Agency for the construction of new on-road bicycle lanes as indicated by the facility selection criteria contained in Chapter 17. b. Wide Outside Lanes and Widened Shoulders —The State will pay 100% of all costs for wide outside lanes or widened shoulders indicated for bicycle accommodation. c. New Paths— Proportion the cost 80/20 between the State and Local Agency for construction of new paths within the project termini or for short distances outside the project termini as may be required to connect paths to significant bicycle traffic generators (e.g., schools, transit facilities). The Phase I Study Report will document the need for path construction. d. Path Removal and Replacement—The State is 100% financially responsible for removing and replacing existing paths if such a need is caused by the construction of an IDOT highway improvement. e. Adjustment of Existing Paths— If an existing path requires adjustment due to an IDOT improvement, the State will pay 100% of the adjustment cost. The Department will construct the replacement in accordance with IDOT path criteria. The Local Agency is 100% financially responsible for path adjustments that are caused or initiated by a work request from the Local Agency. f. Paths Above and Beyond Selection Criteria— If facility selection criteria for side paths are not met and the Local Agency still requests side path installation, the Local Agency is 100%financially responsible for all costs for installation of the path above those costs for the improvement identified in the selection criteria, including any necessary right-of-way and construction. g. Paths on Structures -The State will pay 100% of all costs for bicycle and pedestrian accommodations on structures and approaches. The Local Agency will pay 100% of the cost difference of a separate bicycle and pedestrian structure if bicyclists and pedestrians could have been safely accommodated on the roadway structure, or request grade separation when at-grade crossings are considered safe. 3. Utility Adjustments and Other Items —Proportion the cost 80/20 between the State and Local Agency for reimbursable utility adjustments as defined in Chapter 6, Section 6- 1.03 of the BDE Manual, as well as pedestrian barriers, retaining walls, and other collateral items that are required solely for pedestrian and bicycle accommodations not necessitated by the IDOT project. The Local Agency is responsible for 100% of the costs for right-of-way, utility adjustments, barriers, retaining walls, and other collateral items that are not required solely for the pedestrian and bicycle accommodations. 4. Right-of-Way Proportion the cost 80/20 between the State and Local Agency for right- of-way if acquired solely for sidewalk construction. Also, the Local Agency will pay 100% of the construction costs for sidewalks associated with the construction of on- system parking not necessitated by the IDOT project. The State will pay 100% for right- of-way if additional right-of-way is required to construct an IDOT-proposed highway cross section. 5. Local Agency Does Not Accept Maintenance Responsibilities— If the Local Agency does not agree to maintain the sidewalk, the State will not construct it, even if it is Page 5 warranted. However, the State will take reasonable actions to not preclude future additions of sidewalk at such locations. 6. Local Agency Does Not Choose To Participate— If the local agency chooses not to participate financially in the bicycle or pedestrian accommodation, the Department will request that that local agency pass a local resolution indicating their non-participation and have this noted in the Phase I Project Report. ADDITIONAL WORK 1DOT would be receptive to considering additional highway related work items suggested and paid for by the local agency for incorporation within the improvement, providing that the additional work items would not delay the implementation of the project. Such items could include lighting, over-size storm sewer, utilities, emergency vehicle pre-emption equipment etc. The local agency may be expected to provide plans, specifications, and estimates for such additional work that is requested to be incorporated into the contract plans for the State-owned portion of the project. Said plans and specifications shall be of such quality to facilitate inclusion in the contract package and shall be available in a timeframe consistent with anticipated contract processing schedules and deadlines. Page 6 Department of Public Works Troy Strange, P.E. Project Engineer F =• f ;$ 1415 Industrial Drive McHenry,Illinois 60050 Lam' Phone:(815)363-2186 Fax:(815)363-2214 ohs tstrange@ci.mchenry.il.us MEMORANDUM DATE: 8/28/17 TO: Singh &Associates, Inc. Jon M. Schmitt, Public Works Director FROM: Troy Strange, City of McHenry Public Works RE: IL Route 31 Reconstruction, Phase 1, Street Lighting Preferences Street Lighting Limit Preference: The City prefers that the lighting be carried from Elm Street(IL 120) up to Lillian Street. This area is the commercial and retail corridor through the south portion of town and enhanced pedestrian and bicycle lighting would support this area. Completing the gap in street lighting from the limits of the IL 120 and IL 31 intersection project to west of the railroad tracks at Crystal Lake Road would be preferred and supported the City. Street Lighting Style: The City would prefer a similar or identical style to that of the IL 120 and 31 intersection project recently completed. Lights were a dual roadway luminaire and mid- mount pedestrian light with mounts for City banners. Excerpts from construction plans and photos are included for reference. 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. f•'s ,-' •"FZ'. Yry;'.z v F`x s r ff j I r a er:.i„ em „ am- Ixt7 -s 774t grinfl- t .ul X terry F3 o — w . S ksi yr L: k tom g 4 .- .-Y"+ 9 w. f e a E Rik1 14PxC _ 3; 7 n i .^:^yyji 1 Y YF P y -tt"'L a x J f= r, gym.' -',.--.--,--:I"- 1 1:1 4 v§v4 11 i 4 Iii.11411; ti 1--' 1. t—. 4 . 1, A 1 41. i2 I ll 1. PI4 - kg1 \ A 9/ e tli if-' I 11 4 til 1 11 1\ 54 till s 1: g li g 2 I IM p F1 i' - A-•I t iPi 14 Li 2° 2 g o t V 1- al i 1 ligp: Yliff; i 4 4 iiR i * I I/ 111 II ILLINOIS ROUTE 31—PHASE I STUDY ILLINOIS ROUTE 176 TO ILLINOIS ROUTE 120 IDOT Job Number P-91-135-99 ILLINOIS DEPARTMENT OF TRANSPORTATION Local Agency Meeting STV#40-15012 Minutes of Meeting DATE:February 2,2015 MEETING DATE: January 22,2015 LOCATION: City of McHenry City Hall 333 South Green Street McHenry,Illinois 60050 SUBJECT: Local Agency Meeting ATTENDANTS:AFFILIATION/POSITION PHONE E-MAIL Rich Stull City of McHenry 815-363-2186 tstull@ci.mchenry.il.us Chad Pieper HR Green/City of McHenry 815-7759-8346 cpieper@hrgreen.com Jon Schmitt City of McHenry 815-363-2186 jschmitt@ci.mchenry.il.us Derik Morefield City of McHenry 815-363-2108 dmorefield@ci.mchenry.il.us Wally Dittrich McHenry County DOT 815-334-4980 wrdittrich@co.mchenry.il.us Mike Lesperance Nunda Township Road District 815-459-4410 mike@nundaroaddistrict.com Scott Czaplicki IDOT Bureau of Programming 847-705-4107 scott.czapiicki@illinois.gov Lori Brown IDOT Bureau of Programming 847-705-4477 lori.s.brown@illinois.gov Perry Masouridis IDOT Hydraulics Engineer 847-705-4474 Eleftherios.Masouridis@illinois.gov Santos Batista IDOT Hydraulics Engineer 847-705-4764 Santos.Batista@illinois.gov John Clark STV Incorporated 312-553-8437 John.Clark@stvinc.om Sanjay Joshi STV Incorporated 312-553-8454 sanjay.joshi@stvinc.com Patrick McCluskey STV Incorporated 312-553-4165 patrick.mccluskey@stvinc.com ITEM# Action The purpose of the meeting was to review the current proposed geometric and drainage design in preparation for the public hearing. (within the City of McHenry, McHenry County,and Nunda Township limits). STV, , too STV Client Meeting Minutes Page 1 of 3 1.0 Exhibits showing the proposed improvements within the Nunda Township limits were Info reviewed,and the Township stated the following concerns and requests: The Township asked whether a traffic signal was proposed at the intersection of IL 31 and Ames Road. SW responded that no signal was proposed, because the Village of Prairie Grove plans to realign Ames Road to intersect IL 31 at Edgewood Road. The Township stated they had no drainage-related questions or comments. 2.0 Exhibits showing the proposed improvements within the McHenry County limits were Info reviewed, and the County had no questions or comments regarding the geometrics or drainage. The County stated that they had no plan at this time to connect the proposed multi-use path that will be parallel to IL 31 to the existing Prairie Path west of the project limits due to the constraint of crossing the railroad. Furthermore, the County is not including as part of their Bull Valley Road improvements and does not want roadway lighting at the intersection of IL 31 and Bull Valley Road. The Bull Valley Road /Charles J. Miller Road Improvement project is scheduled for a January 30th letting. 3.0 Exhibits showing the proposed improvements within the City of McHenry limits were Info/STV/ reviewed,and the City stated the following concerns and requests: City The City requested that the proposed riverwalk bridge over Boone Creek be shown in the exhibit for the proposed detention pond adjacent to the riverwalk and Boone Creek. The City will transmit to STV a CADD file containing this information. The City requested that conflicts between the proposed local storm sewer system relocation on 3rd Street and the existing sanitary sewer system be avoided. The City requested that the outfall location of the proposed local storm sewer system relocation on 3rd Street be moved so that the outfall doesn't discharge water at the proposed riverwalk bridge. The City indicated that there may be conflicts between existing sewers and other utilities with the proposed storm sewers. The conflicts will be identified and mitigated during Phase II. The City confirmed agreement with the proposed layout of the detention pond at Outlet 22 north of Dartmoor Drive. The City had no further questions or concerns regarding the proposed culvert crossing of the Unnamed Tributary to the Fox River south of Lillian Street. The City stated that the developer of the proposed CVS in the northwest quadrant of the intersection of IL 31 and IL 120 would like full access instead of right-in, right-out only access, and stressed that the developer desired left-in access even if left-out access could not be provided. IDOT stated that the type of access will be determined during the highway permit approval process. The City may consider installation of roadway lighting within a portion of or the entirety of the City limits if grant funding becomes available. They may desire lighting to the intersection of IL 31 and Lillian Street/Grove Avenue. STV 100 SW Client Meeting Minutes Page 2 of 3 4.0 IDOT reviewed the cost participation and maintenance items outlined in Exhibit A, and Info/ discussed potential cost sharing between the various local agencies and IDOT for the Local following potential project elements:Agencies There are no proposed traffic signals at side streets under jurisdiction of the Township. The Township's cost share for the 0.7 miles of proposed sidewalk within the Township limits is estimated to be equal to $30,000, The Township's cost share for the 0.4 miles of proposed shared-use path within the Township limits is estimated to be equal to $17,000. The Township will need to assume maintenance of the sidewalk and paths. McHenry County has no cost participation in the IL 31 project at this time. The County requested that IDOT transmit to the County copies of all cost participation letters sent to local agencies within the County limits. The City of McHenry's cost share for three proposed traffic signals within the City limits are estimated to be equal to 104,000. The City's cost share for the2.3 miles of additional sidewalk within the City limits is estimated to be equal to 98,000. The City's cost share for the1.9 miles of additional multi-use path within the City limits is estimated to be equal to $81,000. Existing sidewalk/paths will be replaced at 100%cost to IDOT.The City will need to assume maintenance of the sidewalk and paths. 5.0 IDOT discussed and distributed the results of the noise analysis within undeveloped Info portions of the project, IDOT discussed what properties will be impacted by the project. 6.0 STV provided all three local agencies with a full size hard copy of the Existing and Local Proposed Drainage Plans for the project,for further review and comments. Agencies These minutes are considered an accurate account of discussions and/or events that took place at this meeting. These meeting minutes shall stand as written and accepted by all parties receiving a copy of these minutes unless written notification is received from recipients of these minutes within seven (7) days of the date of issue. Prepared by: Sanjay K.Joshi, PE Civil Engineer STV INCORPORATED Attachments: 1)Agenda 2)Attendance Roster STV, 100 STV Client Meeting Minutes Page 3 of 3 AGENDA 1,t 4!Il` yrt . Illinois Route 31 Phase I Study: Illinois Route 176 to Illinois Route 120 I LLI N O I S McHenry County City of McHenry—City Hall 333 South Green Street McHenry, Illinois 60050 Thursday,January 22, 2015, 1:00 p.m.C y Aj. Geometrics and Drainage Review Meeting fCity of McHenry, McHenry County DOT,&Nunda Township Highway Dept.) I. Welcome A. Introductions B. Meeting Overview II. Project Update A. Phase I Study Update B. Study Schedule Ill.Geometrics Review Comments A. Discuss local agency comments on preliminary plan and profile sheets submitted for review in October 2014 IV. Drainage A. General Overview of Existing vs. Proposed Drainage Design B. Concerns from previous meetings C. Review of Existing Drainage Plans(EDPs) D. Review of Proposed Drainage Plans(PDPs) a. Proposed Detention Pond Locations V. Cost Participation and Maintenance VI. General Discussion/Comments www.ILRoute3i.con ATTENDANCE ROSTER 11. ,, Illinois Route 31 Phase I Study: f ILLINOIS City of McHenry-City Halle,:_ 333 South Green Street McHenry, Illinois 60050 r Thursday,January 22, 2015, 1:00 p.m. Geometries and Drainage Review Meeting t City of McHenry,McHenry County DOT.&!Undo Township Highway Da ATTENDEES REPRESENTING PONE EMAIL ADDRESS NUMBER 1 .1`-71 '5-14 (7 f ecg.7, 36_5 Z/rc_ r SF -r( f ,M. r 2 64,mts. iqe,01- 42 antVedpfitItigte, g'5" 711.93447 c_p,,f,,beilv.e...co,.... 3 ixllw' ' Ci of II`-1-'L.<, SIs-363•z}86 js l,m; h-rcht.nr3., 4s 4 ,] r lrnoce. 1 d-a0 6Q. ti6 G 4 M,A.. xL `BLS--Zvp-2i0c 6trnthemrk :‘\•L)a 5 CA)c1[ Of\ 4 ti ty J R -11`!'-L'q o tnlr)1 K t N„ i fir. 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Feel free to contact me should you have any questions. Troy Strange, P.E. Project Engineer City of McHenry,Department of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone (815)363-2125 Fax(815)363-2214 tstrange@ci.mchenry.il.us y _ I,ii• City of McHenry Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive n •. McHenry, Illinois 60050 Phone: (815)363-2186 tstrange@cityofmchenry.org MEMORANDUM DATE: June 19, 2020 TO: Mayor & City Council FROM: Troy Strange, P.E., Director of Public Works RE: Illinois Route 31 Reconstruction, City of McHenry Phase II Coordination Project Summary The reconstruction and widening of Route 31 between Crystal Lake and McHenry will be a transformational project for all of the communities which have frontage along the State route. When completed, Route 31 will be reconstructed to a five lane section between the City of Crystal Lake and the City of McHenry,which will improve connectivity to the tollway for a number of communities. The City of McHenry section is currently a three lane section that will be widened to a five lane section which will require a decent amount of right of way acquisition. To date,the project development process has lasted approximately ten years and is about to enter a new phase of planning. In 2011, Public Hearings and Public Meetings began,which allowed stakeholders in the project to provide input and address any critical flaws in the project planning. City staff and consultant engineers have been involved from the beginnings of the project to secure certain commitments with regard to access, utilities, drainage, downtown/business district aesthetics and other City interests. Phase 1 Engineering, which is the feasibility phase of a three phase engineering process (Phase 1 feasibility, Phase 2 plan development, Phase 3 construction), began with the stakeholder involvement process and concluded with the submission of a Project Development Report. This Development Report concludes with the final selection of a design alternative and requires approval from the Federal Highway Administration (FHWA). Phase 2 plan development is anticipated to begin within the year; funding of construction and Phase III Engineering is included in the current five year Highway Improvement Program. Current Project Status This past fall, IDOT received Phase 1 Approval from the FHWA,which allowed them to move forward with the Phase II Engineering consultant selection process. IDOT recently completed the consultant selection process and selected Patrick Engineering of Lisle, Illinois to deliver final plans and specifications for the 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. project. The Phase II scope of services is currently being negotiated between IDOT and Patrick Engineering and a final executed agreement is anticipated to be several months away. In an effort to stay apprised of the project development process and protect the City's interests, staff have reached out to Patrick Engineering to begin coordination with both IDOT and its retained consultant. In February of 2018, the City of McHenry was presented with a letter by IDOT regarding the pending finalization of Phase I Engineering and the City's commitments regarding local improvements. IDOT sought to execute a Letter of Intent (LO1) with the City of McHenry which detailed the scope of these commitments and the City's financial participation in the improvements. The LOI was presented to and approved by City Council at the August 6, 2018 City Council Meeting. While these commitments are not final until an Inter-Governmental Agreement(IGA) is executed between the City of McHenry and IDOT the commitments will dictate the scope of design services to be completed in Phase II Engineering. Prior to the final execution of the IGA the City will need to have a firm direction regarding decisions on local improvements such as: sidewalk, multi-use paths, street, lighting, and other local only improvements. Additionally, the City will need to have funding appropriations in place for the local portion of all such improvements as well as the City's cost for utility relocation. As the project is now funded and included in IDOT's Five Year Highway Improvement Program,the City's planning efforts must become much more deliberate. Any local improvements associated with the project which are deemed to be necessary will need to have a funding commitment which is reflected in City budgets. Additionally,the City's design work and funding efforts for utility relocation need to begin within the next budgeting period and staff will be making recommendations shortly regarding the selection of a firm for design services and/or lobbying for IDOT to include utility relocation in the roadway plans for billing and reimbursement back to the City. Schedule Because construction and Phase III costs for the project are now funded, the project is expected to be completed within the City and IDOT's five year planning horizon. Based upon the anticipated timeline for beginning of Phase II work,the City will have the remainder of this fiscal year to make decisions regarding local improvements and utility relocation design. Phase II design will be a multi-year process which begins near the start of 2021. Utility relocation design will need to be completed concurrent with Phase II Engineering. Utility relocation can be expected to begin approximately 1 year in advance of construction. Due to the fact that ROW acquisition is still to be completed, staff are projecting that actual construction will occur toward the end of the current five year planning horizon, but efforts to coordinate the City's participation in the project will still need to begin within the next year. City's Interests in the Project In a recent conference call between City staff and Patrick Engineering, the City's most critical local interests related to the project were discussed which included: Any effects the project may have on the City's downtown district and Riverwalk Access to Businesses along Route 31 at the north project limits Utility Relocation (water main &sanitary sewer) Localized drainage problems in the vicinity of Anne Street Local Improvements (sidewalks, street sighting, multi-use path) Recommendations/Discussions Moving Forward Staff will be bringing the subject of the City's interests in the project for discussion at a City Council Meeting in the near future. A discussion regarding beginning utility coordination for City Utilities and inclusion of this effort in the FY21/22 City Budget will be necessary. A further discussion regarding local improvements and reevaluation of the City's LOI commitments will also be necessary. Many of these improvements are elective and there are different options regarding funding and long term maintenance of such improvements. Staff would like to secure direction from City Council regarding pursuit of funding scenarios for elective local improvements. Final decisions these improvements will be reflected in the final IGA based upon such funding scenarios. Illinois Route 31 Reconstruction City of McHenry Potential Costs Improvement Total Cost City Share Signalized Intersection(City Legs) 1,391,000.00 103,870.00 Sidewalks 425,250.00 97,808.00 Potentially Grant Eligible Multi Use Path 285,000.00 65,608.00 Potentially Grant Eligible Street Lighting 1,000,500.00 1,000,500.00 Potentially Grant Eligible Utility Relocation 2,766,000.00 2,766,000.00 Estimates of Cost provided by IDOT 2/7/208 PROPOSED TYPICAL SECTION BANK DRIVE TO HIGH STREET Ift .1 11 1:\ s\ v\ ---- IIIMIIIIIIIIii I1 SHARED-11SE PATH SIDEWALK 1 CURB)GUTTER TYP 4 • 2' SHELF I IWALK 5 E'4 11' LANE I...11' LANE 18' AISEDMEDIAN I -11' LANE I 11' LANE } IS ELF PATH I 12 SHELF.. PROPOSED TYPICAL SECTION BANK DRIVE TO HIGH STREET i i1/44 1 . 8\ SyJIIIIiIlks 1L I \ SHARED-USE PATH SIDEWALK // z 7. 1 CURB i.GUTTER TYP.)I\ 110 i 2' SHELF I IWA5'LK IS HEL5'I.. 11' LANE I 11' LANE -I- 18MEDIANED I 11' LANEJ 11' LANE _I ISELi PATH I2 SHELF PROPOSED TYPICAL SECTION HIGH STREET TO JOHN STREET 1 . '• \\ 4 r1 l SHARED-USE PATHSIDEWALK7411re„. r ,,..' 1 GJ 9 & GUTTER r TY?J j° I 1 1 ilk 2' SHELF I 1Y5' 1 5' I I- 11' LANE_I 11'11' LANE_I. 1' M FLUSH 11' LANE 111' LANE I kHSELFI PATH I 12 SHELF PROPOSED TYPICAL SECTION HIGH STREET TO JOHN STREET r 1 1. N\ z..,_- r SHARED-USE PATH SIDEWALK i r CURB & GUTTER 1 I 14 2' SHELF 5' I ] I. 11' LANE 11' LANE _ 11' FLUSHIUS PI11' LANE 11' LANE ...I ELF 1 2 SHELF HELF I i If ir p Exhibit "A" TRAFFIC SIGNAL PARTICIPATION i The cost participation associated with traffic signal installation,modernization, or relocation will be in accordance with 92 III Adm.Code 544"Financing of Traffic Control Signal Installations, Modernization, Maintenance, and Operation on Streets and Highway under State Jurisdiction."1 s Traffic signals may be installed only where conditions meet warrants established in the current Illinois Manual on Uniform Traffic Control Devices. If a new signal installation is warranted,it may be included within the roadway improvement. Current IDOT policyrequires that IDOT and Local Agency i 1qgy(ies}share the responsibility for t installation,modernization,and relocation of traffic signals. The installation, modernization, I G and relocation of pedestrian signals associated with traffic•signal Improvements will also require the Department and Local Agency(ies)to share financial responsibility. The eligible 1 :'; share of the cost to each agency will be in proportion to the number of intersection approaches i that the agency maintains. Generally,traffic signal costs are 80%Federal and 20%non- i Federal based on established cost participation policy(90%Federal and 10%non-Federal for safety projects). 'DOT will participate in the non-Federal portion for the State-owned legs of an s r intersection. At locations where all legs of an intersection are State-owned, IDOT will participate in 100% of the cost of the traffic signal installation, modernization,or relocation. I 1 Closely spaced new or modernized traffic signals within the improvement limits generally f require signal coordination or hardware interconnection for the purpose of providing vehicle 1 progression. IDOT will be financially responsible for 100%of coordination or interconnection I costs. 1 IDOT will be financially responsible for 100%of the installation and modernization of traffic 1 signals at ramp terminals of ramps connecting to or from a State highway.i 1 The entire cost of installing push button ("Fire pre-emption")and emergency vehicle pre- emotion equipment is the responsibility of the requesting local fire district or municipality. 1 The entire cost of installing,modernizing,relocating, maintaining and energizing private benefit 1 signals is the responsibility of the private benefit agency being served by the traffic signals. I However, [DOT will enter into a formal agreement for a private benefit signal installation only f with the local jurisdictional or governmental agency. I it should be noted that an agency Involved might voluntarily assume responsibility for another i ' agency's share of the cost in order to expedite the installation or modernization. 1 When warrants are met for school crossing signals at public road intersections,the eligible t I share to each agency for the installation and modernization cost shall be split on a 50/50 basis or in proportion to the number of intersection approaches that each agency maintains. I j I I Page'1 I i i TRAFFIC SIGNAL MAINTENANCE At Intersections lying wholly outside the Corporate Limits of any municipality, !DOT will be responsible for the maintenance of the signals. At intersections lying wholly or partially within the Corporate Limits of one or more municipalities, IDOT will assume the following costs for the maintenance of traffic signals on State highways within municipalities: A) The total costs for all signals at the intersections of two or more State highways, B) The total costs for all signals at the intersections along State highways that have an average daily traffic in excess of 35,000 vehicles per day as shown on the latest published edition of the traffic volume(AADT)map. The District Engineer will determine the limits of this section within the municipality. C) The total costs for all signals located at the terminals of ramps connecting to or from a State highway. D) At all other intersections IDOT and the municipalities will share in the cost of signal maintenance, The cost to the municipalities will be in proportion to the number of approaches that they maintain. ENERGY CHARGES The division of financial responsibility for the energy charges will be as follows: A) At intersections lying wholly outside the Corporate Limits of any municipality, (DOT will pay the energy charges for the operation of the signals. B) At intersections lying wholly within the Corporate Limits of a municipality, TOOT and the municipality will share the energy charges according to the proportionate number of intersection approaches maintained by each agency. C) At intersections lying partially within the Corporate Limits of one or more municipalities, the municipalities will be responsible for the energy charges. Traffic Signal Master Agreements,consummated by!DOT,give municipality defined maintenance and energy responsibilities required for the operation of traffic signals. New traffic signal improvements shall contain maintenance and energy provisions in the improvement agreement adding the new traffic signals to said Master Agreement.Existing traffic signals to be modernized or relocated,shall contain maintenance and energy provisions In the improvement agreement indicating traffic signal maintenance and energy responsibilities for given traffic signal(s)shall continue to be as outlined in the Master Agreement. Certain circumstances,such as jurisdictional transfers of roadway segments affecting signalized intersections with the improvement limits, could result in a revision to maintenance and-energy responsibilities contained in the Master Agreement for a given traffic signal(s). An amendment to the Master Agreement would be required, DOT does not share in maintenance costs for school crossing signals unless specified otherwise in the Master Agreement or if the school crossing signals are Installed at public road intersections for which the maintenance costs shall be shared in proportion to the number of intersection approaches that each agency maintains. Page 2 PARKING LANES If a new parking lane Is added, IDOT will participate in 50%of the cost If the ART is greater than 5,000 vehicles per day and if the pavement composition and lane width meets the IDOT criteria. The municipality would assume the total cost(100%)of the parking lane if the pavement composition or lane width does not meet!DOT criteria or if the ADT is less than 5,000 vehicles per day, t 2 if an exclusive existing parking lane requires resurfacing, IDOT will participate in 50%of the milling and resurfacing costs for parking with lane widths equal to or less than the adjacent t travel lanes. The municipality will assume the total cost(100%)of the milling and resurfacing costs for that portion of the parking that Is greater than the width of the adjacent travel lane. The municipality will also assume 100%of any base repair cost for the entire width of the existing parking as well as any patching and curb and gutter repairs. If the municipality declines to participate,a very minimal amount of resurfacing would be done[DOT expense. Minimal amount of resurfacing Is defined as a taper across the parking lane ranging from approximately 1%inch thick adjacent to the through lane to 1 inch or less adjacent to gutter line). IDOT will assume the total cost(100%)associated with the milling and resurfacing of parking lanes when parking Is eliminated during one or more peak hours. The municipality is responsible for the total cost(100%)of reconstructing existing parking and any adjacent curb and gutter. The State will not consider an improvement of a State-maintained highway unless the proposed parking or existing parking adjacent to the traffic lanes is parallel parking except as provided under Chapter 951/2 Art, 11-1304(c)(Illinois Revised Statutes). Parking prohibition ordinances will be required through areas where there are no parking lanes. ROADWAY MAINTENANCE The State will assume the maintenance cost associated with the through traffic lanes,turning lanes,and the curb and gutter adjacent to these traffic lanes. The municipality will assume the maintenance cost associated with all other facilities including but not limited to items such as storm sewers,parkways,exclusive parking lanes,curb and gutter adjacent to the parking lanes,sidewalks, landscape features, appurtenances,etc. p _ , UTILITY RELOCATION Municipal utilities,installed by permit and requiring relocation,will be relocated at no expense to the Department. Municipal utilities installed prior to the Department's assuming maintenance of the roadway will be relocated, if required,at IDOT expense. The cost of any improvement to,or betterment of municipal utilities,would be the entire financial responsibility(100%)of the local agency. Page 3 j ROADWAY LIGHTING Existing highway lighting that is owned and maintained by the municipality,will be relocated and upgraded to current standards. New lighting, proposed by the municipality, may be incorporated into the total improvement plans. The cost of the above work would be the entire financial responsibility of the local agency. PEDESTRIAN AND BICYCLE FACILITIES Sections 17 Bicycle and Pedestrian Accommodations and 48-2.04 Sidewalks of the IDOT Bureau of Design and Environment Manual establish the criteria to determine pedestrian and bicycle needs. Maintenance responsibilities as well as State and local agency participation toward the cost of these facilities included as part of a roadway construction contract on a State route shall be in accordance with Sections 5-03 and 5-05 of the Bureau of Design and Environment Manual as follows. Maintenance Responsibilities—The Municipality will maintain any new or replacement sidewalks the Department provides in conjunction with the highway improvement project, excluding those constructed on structures. The Municipality will also maintain any bicycle paths associated with the State highway project other than that portion of the bicycle path carried on state structures. The State will assume the maintenance responsibilities for On- Road Bicycle Lanes or Wide Outside Lane and Widened Shoulders constructed as bicycle accommodations. Cost Participation 1. New and Deteriorated Sidewalks—Use the criteria in Chapters 17 and 48 to determine the warrants for sidewalks. If these criteria are met and the Local Agency agrees to maintain the sidewalks,proportion the improvement costs associated with new or deteriorated sidewalks as follows: a. New Sidewalks—•Proportion the cost between the State and Local Agency at 80120 for new sidewalks within the project termini or for short distances outside the project termini as may be required to connect sidewalks to significant pedestrian generators(e.g.,schools,transit facilities). The Phase I Study Report will document the need for sidewalk construction. b. Deteriorated Sidewalks—The Local Agency will pay 100%of the cost to remove existing deteriorated sidewalks. Proportion the cost 80/20 between the State i and Local Agency for deteriorated sidewalk replacement when associated with a highway project. Local Agency will pay 100%of the cost of decorative sidewalks. G. Sidewalk Removal and Replacement--The State is 100%financially responsible for removing and replacing existing sidewalks if such a need is caused by the construction of an DOT highway improvement. 2. Bicycle Accommodations—Use the criteria in Chapter 17 to determine the warrants for bicycle accommodations. if these criteria are met and the Local Agency agrees to maintain the bicycle accommodation as appropriate,proportion the improvement costs associated with the bicycle accommodations as follows: Page 4 6 4 a, On-Road Bicycle Lanes—Proportion the cost 80/20 between the State and Local Agency for the construction of new on-road bicycle lanes as indicated by the facility selection criteria contained in Chapter 17. b. Wide Outside Lanes and Widened Shoulders—The State will pay 100% of all costs for wide outside lanes or widened shoulders indicated for bicycle accommodation. a. New Paths—Proportion the cost 80/20 between the State and Local Agency for construction of new paths within the project termini or for short distances outside the project termini as may be required to connect paths to significant bicycle traffic generators (e.g.,schools,transit facilities). The Phase I Study Report will document the need for path construction. d. Path Removal and Replacement--The State is 100%financially responsible for removing and replacing existing paths if such a need is caused by the construction of an IDOT highway improvement. e. Adjustment of Existing Paths—If an existing path requires adjustment due to an IDOT Improvement, the State will pay 100%of the adjustment cost.The Department will construct the replacement in accordance with [DOT path criteria.The Local Agency Is 100%financially responsible for path adjustments that are caused or initiated by a work request from the Local Agency. f. Paths Above and Beyond Selection Criteria—If facility selection criteria for side paths are not met and the Local Agency still requests side path installation, the Local Agency is 100%financially responsible for all costs for installation of the path above_those costs for the improvement identified in the selection criteria, including any necessary right-of-way and construction. g. Paths on Structures-The State will pay 100%of all costs for bicycle and pedestrian accommodations on structures and approaches.The Local.Agency will pay 100%of the cost difference of a separate bicycle and pedestrian structure if bicyclists and pedestrians could have been safely accommodated on the roadway structure, or request grade separation when at-grade crossings are considered safe. 3, Utility Adjustments and Other Items—Proportion the cost 80/20 between the State and Local Agency for reimbursable utility adjustments as defined in Chapter 6,Section 8- 1.03 of the BDE Manual,as well as pedestrian barriers, retaining walls, and other collateral Items that are required solely for pedestrian and bicycle accommodations not necessitated by the IDOT project. The Local Agency is responsible for 100%of the costs for right-ofway, utility adjustments,barriers,retaining walls,and other collateral items that are not required solely for the pedestrian and bicycle accommodations. 4. Right-of-Way—Proportion the cost 80/20 between the State and Local Agency for right- of-way if acquired solely for sidewalk construction.Also, the Local Agency will pay 100%of the construction costs for sidewalks associated with the construction of on- system parking not necessitated by the IDOT project.The State will pay 100%for right- of-way if additional right-of-way is required to construct an IDOT-proposed highway cross section. 5. Local Agency Does Not Accept Maintenance Responsibilities—If the Local Agency does not agree to maintain the sidewalk, the State will not construct it,even if it is Page 5 ti warranted.However,the State will take reasonable actions to not preclude future additions of sidewalk at such locations, 6. Local Agency Does Not Choose To Participate—if the local agency chooses not to participate financially In the bicycle or pedestrian accommodation,the Department will request that that local agency pass a local resolution indicating their non-participation and have this noted in the Phase i Project Report, ADDITIONAL WORK E 3 DOT would be receptive to considering additional highway related work items suggested and I1.paid for by the local agency for incorporation within the improvement, providing that the additional work items would not delay the implementation of the project. Such items could include lighting,over-size storm sewer, utilities,emergency vehicle pre-emption equipment etc. The local agency may be expected to provide plans, specifications, and estimates for such additional work that is requested to be incorporated into the contract plans for the State-owned portion of the project. Said plans and specifications shall be of such quality to facilitate inclusion in the contract package and shall be available In a timeframe consistent with anticipated contract processing schedules and deadlines, I Page 6 Project and Environmental Studies l., IL 31 from IL176 to 1L120 e" t,r r7 I ctn McHenry County b, "1.uc , -i ri 2 C y csf r'1—Tl2nc: Concur with project scope: a nXYes No rp0 Concur with shared-use path scope,Concur with traffic signals scope, cost,. costs,and tong-term maintenance: energy and maintenance costs: X Yes X Yes No No Concur with sidewalk scope, costs, Concur with roadway lighting scope,and long-term maintenance: costs,and long-term maintenance: X Yes X Yes No No Name: u) Signature: Title: ` 1 Date: ticI , (I Comments: f