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HomeMy WebLinkAboutPacket - 03/17/2014 - City CouncilBUL L VALLE Y RO AD RINGWOOD ROADBARREVI LLE ROADRIDGE ROADRIVERSIDE DRIVEMASON HILL ROAD CHAPEL HILL ROADCRYSTAL LAKE ROADDRAPER ROADCURRAN ROADRIDGEVIEW DRIVEJOHN STREETOAK DRI VECHARLES J MILLER ROAD TYLER TRAIL MARTIN ROAD HOME AVENUEWHITING DRIVECOUNTRY DRIVE HILLTOP BOULEVARDORCHARD BEACH ROADMICHAEL STREETVETERANS PARKWAYMEADOW LANEORLEANS STREET CUNAT DRIVE FARM ST EAD DRI VE BISCAYNE DRIVE GLENBROO K TRAIL COURT STREETOAKWOOD DRIVEW FERNVIEW LANEORCHARD DRIVE STATE PARK ROAD ORCHARD LANECHICKALOON DRIVEKANE AVENUE LILLIAN STREET SHORE DRIV ESPRING ROADMAPL E AVENUE PARKVIEW DRIVE WAUKEGAN ROAD O JIB W A L A N E AUGUST LANE VALLEY ROADJOYCE L ANE WONDERVIEW DRIVE R E I C H E L A N ESTERLING DRIVEFAIRWAY ROADWHITMORE TRAILF R O N T R O Y A L D R IV E KAMA AVENUE RONDA ROADBONNER DRIVECHERRY DRIVEWALNUT DRIVEDARTMOOR DRIVE BURR OAK DRIVE CENTER STREETBRETONS DRIVE BLAKE BOULEVARD ABBEY DRIVE DE E RW O O D T R A IL MATANUSKA TRAILFLY NN ST R EE T N ELMKIRK PARK CREEKSIDE TRAILSKYWAY DRIVECHESTNUT DRIVEBENJAMIN DRIVESTICKNEY RUN LONGFORD LANEBRENTWOOD LANE CENTEGRA DRIVE BURNING TREE DRIVE BEACH AVENUELORIENT DRIVE JUL IA WAY MILLER DRIVE JAMES STREET COUNTRY LANE W A TER FO R D D R IVEWINDING CREEK DRIVE GREENBRIER DRIVESCULLY DRIVEMAPLE HILL DRIVE TREY ROAD TURNBERRY DRIVE WOODLAWN PARK DRIVESILVER GLEN ROADMIDLETON LANEWEDGEWOOD TRAILHILLSIDE LANEMONROE AVENUEB O O N E C R E E K C I R C L E GENEVA PLACE REAGAN BOULEVARD4TH AVENUE KENDALL CROSSINGPLEASANT DRIVE2ND AVENUE DUNDALK LANECLOVER HILL DRIVES FERNWOOD LANEOAK AVENUE COACHLIGHT ROAD EMERALD DRIVEHIGH STREET M A N O R L A N E ADAMS DRIVESPOJNIA ROADROSE AVENUEMALIBU COURT BROAD STREET SIOUX LANEBU L L R ID G E D R I VE WOODRIDGE TRAILLINCOLN ROADFAIRVIEW LANEDOOLIN AENUEASHLEY DRIVEBEACHSIDE DRIVEKENSINGTON DRIVE AYRE DRIVE EASTWOOD LANE H O M ESTE A D D R IVEWATERSEDGE DRIVELOYOLA DRIVEM C H E N R Y D A M R O A D SALEM AVENUE PRESTW ICK S TRE ET BLACK PARTRIDGE AVENUESTILL HILL DRIVERIDGEWAY TRAI LPARKWAY DRIV E DOT STREETPINE DRIVELUCY DRIVE ALTON ROADKINLEY BOULEVARDKNOX DRIVEMYANG AVENUE GENE DRIVE BALLINA LANEAUGUSTA DRIVECL EARVIEW DRIVEMAC ARTHUR DRIVEC R E S T W O O D D R I V E ENFIELD DRIVEDELORE DRIVE CLOE TRAILS US S E X DR I V E WIMBLETON TRAILSWEET BAY DRIVE MU R PH Y D R IV E MARGARET COURTSUNRISE VIEW SCOTT AVENUE DAYTON STREET S EMERALD DRIVERIVER LANEBALSAM DRIVE NEWPORT TRAILMILL STREAM DRIVENORTH AVENUEFLANDERS ROADTRUMAN TRAIL CASHEL LANECRESTWOOD STREETOREGO N TRAIL E WOODLAND PARK AVENUEN VILLA LANEBODE LANE BLUE PINE DRIVE HEMLOCK DRIVECASTLEBAR ROADANNE STREETOLD DRAPER ROADSHERMAN DRIVE PATRIOT DRIVEFOREST ROAD W ELLEN ROAD PAMELA DRIVE CARL COURTGRAND AVENUE LOGAN AVENUE AR G Y L E L ANE ARBOR DRIVE YOUNG STREET AMBERWOOD PLACEMUNICIPAL DRIVE CATALPA DRIVE WOODED SHORE DRIVE ST. 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WEDGEWOODTRAILHIGHLAND DRIVE CAROLAVENUENOT INCITY NOT INCITY NOT INCITY McHENRY H.S.WEST FOX RIVERVILLAGE OFMCCULLOM LAKEUNINCORPORATEDWONDER LAKE VILLAGE OFBULL VALLEY VILLAGE OFPRAIRIE GROVE LANDMARKSCHOOL RS-2 RS-1 NOT INCITY MCCULLOM LAKE RS-1 NOT INCITY NOT INCITY NOT INCITY NOT INCITY NOT INCITY NOT IN CITY NOT INCITY NOT INCITY NOT INCITY NOT INCITY NOT INCITY NOT INCITY NOT INCITY NOT INCITY NOT INCITY NOT INCITY NOT INCITY PARKLANDSCHOOLVALLEY VIEWSCHOOL RIVERWOODSCHOOL McHENRYMIDDLESCHOOL HILLTOPSCHOOL MORAINE HILLSSTATE PARK MCCRACKEN FIELDEDGEBROOK SCHOOLCHAUNCEY H. DUKER SCHOOL SHAMROCKFARMS PARK FOX RIDGEPARK POSTOFFICE COLD SPRINGSPARK N.I.M.C. McHENRY H.S.EAST KNOXPARK BOULDERCREEKPARK WHEELERPARK SWEENYPARK PETERSENPARK PETERSENHISTORICFARM 5 4 1 2 98 36 7 34 28 33 35 29 20 32 1110 21 24 27 26 23 36 12 25 22 19 30 31 6 7 31 30 19 RM-2 RM-2 RM-2 RM-2 RM-2 RM-2 RM-2 RM-2 RM-2 RM-2 RM-2 RM-2 RM-2 RM-2 RM-2 RM-2 RM-1 RM-1 RM-1 RM-1 RM-1 RM-1 RM-1 RM-1 RM-1 RM-1 RM-1 RS-3 RS-3 RS-3 RS-3 RS-3 RS-3 RS-3 RS-3 RS-3 RS-3 A-M I-1 I-1 I-1 I-1 I-1 I-1 I-1 I-1 I-1 I-1 I-1 I-1I-1 HC BP BP BP BP O-2 O-2 O-2 O-2 O-2 O-2 O-2 O-2 O-2 O-2 O-2 O-1 O-1 O-1 O-1 O-1 O-1 O-1 O-1 O-1 O-1 C-5 C-5 C-5 C-5 C-5 C-5 C-5 C-5 C-5 C-5 C-5 C-5 C-5 C-5 C-5 C-5 C-5 C-4 C-4 C-4 C-4 C-3 C-3 C-3 C-3C-3 C-3 C-3 C-3 C-3 C-3 C-3 C-2 C-2 C-2 C-2 C-1 C-1 IDD RA-1 RA-1 RA-1 RA-1 RA-1 RA-1 RA-1 RS-4 RS-4 RS-4 RS-4 RS-4 RS-4 RS-4 RS-4RS-4 RS-4 RS-2 RS-2 RS-2 RS-2 RS-2 RS-2 RS-2 RS-2 RS-2 RS-2 RS-2 RS-2 RS-2 RS-2 RS-2RS-2 RS-2 RS-2 RS-1 RS-1 RS-1 RS-1 RS-1 RS-1 RS-1 RS-1 RS-1 E E E** E E E E E E* E E E E E E* 18 17 16 15 1314 14 1516 13 17 1818 18 Official 2014 City of McHenry Zoning MapMcHenry, IllinoisTHIS MAP IS REVISED ANNUALLY1 inch = 800 feet 800 0 800 1,600Feet ± REVISIONS 1. 2. 3. 4. #BY:DATE:DWN BY:CJP DSN BY:MAC CHK BY:CJP INT: INT: INT: DATE:3-10-14 PROJECT NO.86140011 HORIZ SCALE:1"=800'VERT SCALE:- SHEET NO.1 OF 1 Revised03-17-14 Janice C. Jones - City Clerk OFFICIAL 2014CITY OF McHENRYZONING MAPMcHENRY, ILLINOIS * Subject to terms and provisions of an annexation agreement (See annexation agreement)** Municipal Zoning Districts City Limits E Estate District RS-1 Low-Density Single-Family Residential RS-2 Medium-Density Single-Fam ily Residential RS-3 Medium-High-Density Single-Fam ily Residential RS-4 High-Density Single-Family Residential RA-1 Attached Residential RM-1 Low-Density Multi-Family Residential RM-2 High-Density M ulti-Fam ily Residential IDD Integrated Design District C-1 Convenience Commercial C-2 Neighborhood Commercial C-3 Community Commercial C-4 Downtown Commercial C-5 Highway Commercial O-1 Local Office O-2 Office Park BP Business Park District HC Health Care District I-1 Industrial A-M Agricultural & Mining Overlay District SCHOOL RESOURCE OFFICER INTERGOVERNMENTAL AGREEMENT This agreement made and entered into this ____ day of ________ 2014, to provide law enforcement services in the form of assigned School Resource Officer(s) within the McHenry School District 156 high schools is made and entered into by the City of McHenry, Illinois (“City”) and the Board of Education of McHenry High School District 156 (“District 156”), Illinois. WHEREAS, the City is a Municipal Corporation organized and existing under the law of the State of Illinois, and has waived the restrictions of 65 ILCS 5/8-1-7 which may relate to this Agreement; and, WHEREAS, District 156 is a Community Unit School District organized and existing under the laws of the State of Illinois: and, WHEREAS, both the City and District 156 are authorized and empowered to contract with one another pursuant to the provisions of the Constitution of the State of Illinois of 1970, Article VII, Section 10, and Section 3 of the “Intergovernmental Cooperation Act” (5ILCS 220/3): and, WHEREAS, the City and District 156 have determined through their respective governing bodies that it is in the respective best interests to enter into an Agreement to provide for on premise law enforcement services in the form of School Resource Officer(s): NOW THEREFORE in consideration of the promises and other mutual and valuable consideration, the receipt and sufficiency whereof is herewith acknowledged, the parties hereto agree as follows: 1. PURPOSE OF PROGRAM This program has been instituted by School Board District 156 in cooperation with the City of McHenry Police Department, to fulfill the following needs: A. Protect students and faculty from acts of violence within the school(s) B. Maintain a better personal relationship between law enforcement agents, students in the high school, parents, and the community in general. C. Assist in the educational programs in which safety and law violations are involved. D. Protect the students and the school from theft, vandalism, trespassing, and other violations of the law. E. Deal more effectively with juvenile offenses. 2. PROGRAM This program, involves the selection of a City of McHenry Police Officer for assignment to McHenry East and/or West High Schools as a School Resource Officer for the period of the school year as defined. While remaining an employee of the McHenry Police Department, it is understood that direction will come from the designated school official within the school. The School Resource Officer will perform his/her duties in civilian clothes during the regular school hours on school days. The School Resource Office will be equipped as required by his/her duties. The scope of the School Resource Officer’s duties and responsibilities may be changed or redefined at any time when agreed upon by the police department and high school administration. As a member of the police department, the School Resource Officer will conduct original and follow-up investigations of all criminal and alleged criminal activities which occur during the regular school day and also respond to all calls for service at or around the school facility while on duty. Administratively, the School Resource Officer is assigned to the Investigative Division of the McHenry Police Department. The Chief of Police retains the right and authority to assign investigations to the School Resource Officer, which arises out of criminal activities involving school activities, property, or of the students’ relationship with the school. The School Resource Officer will be responsible for conducting these investigations in conjunction with other defined duties and responsibilities. During summer break, the School Resource Office will be relieved of school consultant duties. 3. DUTIES AND RESPONSIBILITIES The duties and responsibilities of the School Resource Officer may include but are not limited to the following: A. Lead in the development or revision of safety related school plans. B. Respond to and take action on acts of violence or other violations of the law that occur on school property. C. Promote a positive relationship and enhance communications between police officers, Students, Faculty and staff at their respective high schools. D. Make presentations in a classroom learning environment as it relates to law, law enforcement, safety and good citizenship. E. Promote a positive relationship with school staff and counselors to identify problems and define solutions. F. Lead in the development of prevention programs as required by the staff members of the police department and high school. G. Consult with police department personnel and school officials to promote a comprehensive knowledge of activity within the school and community. H. Reports by the School Resource Officer shall be handled as follows: 1. File the appropriate reports of incidents with school officials as are required by school policy. These reports will remain confidential and may be reviewed as permitted by school policy. 2. File the appropriate reports of criminal incidents with the police department as required by police department policy. These reports may remain confidential. They will be reviewed and used as permitted by law and police department policy. 3. All reports may be shared and used only to the extent permitted by law. I. Enforce all federal, state statutes and municipal ordinances while referring all matters of school discipline to the proper school authorities. J. Provide assistance in securing the school and surrounding area from unauthorized vehicles and persons in or around the school and prevent loitering in the school area. K. Assist school staff in the event of an emergency. L. Maintain a record of daily activities. M. Serve as a resource person for students with problems when violations of the law are involved including truancy. N. Work with parents on runaway problems. O. Meet regularly with district’s administration to discuss and evaluate School Resource Officer activities. P. Submit monthly activity summary reports to the Investigative Division Supervisor to whom the School Resource Officer is responsible. Q. Perform other responsibilities as assigned by the designated school official(s). R. Conduct regular staff training for school faculty. 4. CONDITIONS OF EMPLOYMENT A. The program shall consist of the City assigning a minimum of one (1) police officer to High School District 156 to act as a School Resource Officer. B. The District Superintendent shall assign a designated administrator(s) to work with the School Resource Officer on developing programs and other activities. C. The School Resource Officer is considered an employee of the City of McHenry Police Department on special assignment to High School District 156 during the entire school year. The School Resource Officer shall not be used by the police department during normal school hours or during assigned school activity, except by mutual agreement between the District Superintendent and the Chief of Police, or in an emergency situation. D. The work week during the school year shall correspond to the normal work week of a police officer in the City. This shall be eight-hour days, five (5) days a week, exclusive of holidays. Exceptions to the normal work week will be made for special school events (“Special Events”), in which the School Resource Officer’s presence is required. A Special Event is any activity outside of normal school hours for which District 156 requests the presence of one or more City police officers. Examples of Special Events include but are not limited to sporting events, dances and graduation. E. District 156 shall be responsible for setting the hours of the School Resource Officer when school is in session, including decisions on reduced hours to accommodate the need for the School Resource Officer to work Special Events. District 156 agrees to pay all overtime incurred by any City police officer at a Special Event, regardless of whether the School Resource Officer or another City police officer works the event. F. A School Resource Officer shall be compensated in accordance with the applicable Union agreement. Payment of any and all overtime for a School Resource Officer during the school year will be the responsibility of District 156. The City of McHenry will prepare an accounting of the School Resource Officer’s reported overtime and submit a bill to the school district along with the monthly billing statement. G. The City of McHenry will provide specialized youth training for the officer selected to be the School Resource Officer. The School District will permit the School Resource Officer to attend training required by the police department as part of his/her duties during the school year. The amount of hours spent in training, during the school year will not exceed 40 hours. H. The School District will not unreasonably deny the School Resource Officer requests for benefit time during the school year. The School Resource Officer will be permitted to utilize benefit time while the officer is assigned to the school. 5. CONFLICTS In the event of a conflict between any request, instruction, designation or order given by the School Resource Officer’s police supervisor and designated school supervisor, related to the duties and responsibilities of the School Resource Officer position, the police supervisor’s request, instruction, designation or order shall take precedence. District 156 acknowledges receipt of a copy of the collective bargaining agreement (“CBA”) between the City and the police union, and agrees to abide by the CBA and that the CBA will take precedence in the event of a conflict with this Agreement. 6. STAFFING A. Both the City and District 156 understand the importance and are committed to the re- activation of the School Resource Officer Program. Furthermore, both the City and District 156 agree to staffing the program with one (1) Student Resource Officer for the 2014/15 school year. Furthermore, the City has agreed to the concept of staffing one (1) additional officer in future years based on the mutual agreement of both District 156 and the City. This agreement shall be amended should this occur. B. For purposes of selecting the designated School Resource Officer, the Chief shall initially assign a minimum of one full-time and a maximum of two regularly constituted police officers to the Program to act as the School Resource Officer(s). Before making the assignment(s), the Chief shall provide the District Superintendent or his designee(s) with the names of all the qualified candidates. The Superintendent and/or his designee(s) may then interview officers qualified for the position or participate in the police special assignment interview process. The final selection of all School Resource Officers will be made with the approval of the Chief of Police and the District Superintendent as a cooperative effort. If this Agreement is not reached in a timeframe deemed reasonable by the Chief of Police, this Agreement may be deemed cancelled upon notice by the Chief of Police to the District Superintendent. C. The School Resource Officer shall begin his/her tour of duty in the beginning of each respective school year, on a date set and agreed upon by the Chief of Police and the District Superintendent. The School Resource Officer(s) shall be subject to primary supervision by the Investigation Section supervisor and secondary supervision by the designated school administrator(s). D. The respective school designee shall coordinate the daily duties and activities of the School Resource Officer in consultation with the police department’s Investigation Section supervisor. 7. FEE STRUCTURE The salary, benefits and expenses of each School Resource Officer shall be paid by the City. District 156 agrees to reimburse the City its proportionate share of salary, benefits, and holiday pay of each School Resource Officer. District 156 shall pay its share of the cost of each active and approved School Resource Officer position, as described here, in two equal installments each year. District 156 agrees to pay installments on August 1st and January 1st for each respective school year. For each approved School Resource Officer placed into the Program, the City and District 156 agree to a 70/30 split of the actual cost of a one (1) year McHenry police officer as defined by the pricing for the 2013/14 City fiscal year. Actual costs of a one (1) year officer are defined by the City’s collective bargaining agreement and the City’s annual benefit package cost. Furthermore, the City and District 156 agree to maintain this 70/30 fee structure throughout the term of the agreement. The City and District 156 agree to the following payment structure cap, per School Resource Officer, during the term of the agreement, based on the estimated 3% increase in actual costs of a one (1) year McHenry police officer, regardless of the experience of the selected School Resource Officer. School Year City’s Annual Responsibility per Officer District 156 August 1st Installment per Officer District 156 January 1st Installment per Officer 2014/15 29,142.00 33,998.00 33,998.00 2015/16 30,016.00 35,017.00 35,017.00 2016/17 30,916.00 36,067.00 36,067.00 2017/18 31,843.00 37,149.00 37,149.00 2018/19 32,798.00 38,263.00 38,263.00 Both the City and District 156 recognize that to re-activate the School Resource Officer Program requires the hiring of additional officer(s) in order to maintain minimum staffing levels that would drop by assigning officer(s) to the School Resource Officer Program. With such, District 156 agrees to a one-time additional payment of $7,750.00 to offset the cost of hiring a new police officer beginning in April 2014. This payment shall be made to the City upon execution of this Agreement. The City agrees to pay the overall training cost of the new officer and the remaining salary/benefit costs between the months of May 2014 and July 2014. 8. TERM OF AGREEMENT This agreement is a limited term agreement and shall commence on June 1, of 2014 and expire on June 1st, 2019. The term of this agreement is designed to allow for an active School Resource Officer Program for the following school years; 2014/15, 2015/16, 2016/17, 2017/18, 2018/19. 9. INDEMNITY District 156 shall indemnify and hold the City harmless from any and all losses, costs, demands, damages, actions or causes of action, including attorney’s fees arising out of, proximately caused by or incurred by reason of any negligent, grossly negligent, or willful act or omission by the School Resource Officer(s) while performing the duties and responsibilities set forth in Section 3 above, or while otherwise under the specific direction and/or control of the assigned District supervisor(s) or District , while on school property and during school hours, provided that said claims, demands, costs and expenses have not been directly caused by the negligence or misconduct of the School Resource Officer, the City or the City’s other employees. To this end, District 156 shall have all applicable liability policies amended or additional endorsements issued in order to extend coverage to the School Resource Officer(s) under all applicable insurance policies and endorsements as a “Loaned Employee” while acting within the scope of this agreement. The City hereby indemnifies and shall hold District 156 harmless of and from any and all loses, costs, demands, damages, actions or causes of action, including attorney’s fees arising out of, proximately caused by or incurred by reason of any negligent, grossly negligent, or willful act or omission by the School Resource Officer(s) occurring on School Property while either acting outside of the scope of this Agreement or acting under the specific direction and/or control of a McHenry Police Supervisor, provided that said claims, demands, costs and expenses have not been directly caused by the negligence or misconduct of the District and its employees. . To this end, the City shall maintain all applicable liability policies in order to maintain coverage for the School Resource Officer. Nothing contained in this Agreement, is intended to constitute nor shall constitute a waiver of the defenses available to the City and the District under the Illinois Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101, et seq.). 10. EFFECTIVE DATE This agreement shall be effective upon its approval by City Council of the City of McHenry and execution by the Mayor and City Clerk and upon approval of the School Board of McHenry Community Unit School District 156. In Witness Whereof, the parties have hereunto set their hands and seals as of day and year first above written. CITY OF MCHENRY, an Illinois SCHOOL DISTRICT 156, an Illinois Municipal corporation public school district Mayor President, Board of Education ATTEST: ATTEST: City Clerk