HomeMy WebLinkAboutPacket - 10/07/2019 - City CouncilThe City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in
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AGENDA
REGULAR CITY COUNCIL MEETING
City Council Chambers, 333 S Green Street
Monday, October 7, 2019
1. Call to Order.
2. Roll Call.
3. Pledge of Allegiance.
4. Public Comments: Any member of the public wishing to address the Council is invited to do so by
signing in at the meeting entrance and, when recognized, stepping to the podium. Opportunities for
Public Comment are also provided under each Individual Action Item.
5. Consent Agenda: Motion to Approve the Following Consent Agenda Items:
A. Intergovernmental Agreement between the McHenry County Conservation District and the City
of McHenry for bike path connections located in the Patriot Estates/Prairie Lake Subdivision;
B. September 16, 2019, City Council Meeting Minutes;
C. September 30, 2019, City Council Special Meeting Minutes;
D. Parks & Recreation Facilities & Special Use Permit Requests;
E. Issuance of Checks in the amount of $379,265.98.
6. Individual Action Item Agenda:
A. Motion to approve or deny a Class B Liquor License to Don’s Subs at 323 Front Street, McHenry;
and, if approved, the adoption of an ordinance increasing the number of Class B Liquor Licenses
from 17 to 18.
B. Motion to approve or deny a Video Gaming License to Don’s Subs at 323 Front Street, McHenry,
contingent on the action taken on Agenda Item A.
C. Motion to approve the following pertaining to the Public Use of Cannabis:
a. An Ordinance amending Chapter 23: Taxation of the City of McHenry Municipal Code
Municipal Cannabis Retailers’ Occupation Tax;
b. An Ordinance amending Chapter 14: Drug Paraphernalia; Possession of Cannabis; and,
c. An Ordinance approving text amendments to the Zoning Ordinance to Article III: General
District Regulations, Article V: Commercial Districts, Article VI: Office, Industrial,
Business Park, Agricultural and Mining Overlay and Health Care Districts, Article VII:
Off-Street Parking and Loading, and Article XIX: Definitions Pertaining to Adult Use
Cannabis.
D. Motion to approve the following pertaining to the Issuance of Certain Additional Tobacco
Licenses (Vaping):
a. An Ordinance terminating a Temporary Moratorium on the Issuance of Certain
Additional Tobacco Licenses:
b. An Ordinance amending Chapter 14: Offenses – Miscellaneous of the McHenry
Municipal Code;
c. An Ordinance approving text amendments to Article III: General District Regulations,
Article V: Commercial Districts, and Article XIX: Definitions of the McHenry Zoning
Ordinance regarding Vaping Establishments; and,
7. Discussion Items.
8. Executive Session.
A. Adjourn to executive session for the setting of a price for sale or lease of property owned by the
public body (5 ILCS 120/2(c)(6).)
9. Action Item.
A. Potential Action on the disposition of property based on Executive Session
10. Staff Reports.
11. Mayor’s Report.
12. City Council Comments.
13. Adjourn.
The complete City Council packet is available for review online via the City website at www.ci.mchenry.il.us. For further
information, please contact the Office of the City Administrator at 815-363-2108.
The proceedings of the City Council meeting are being video-recorded and every attempt is made to ensure that they are
posted on the City of McHenry, IL “YouTube” channel within twenty-four (24) hours of the meeting adjournment.
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.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
CONSENT AGENDA SUPPLEMENT
DATE: October 7th, 2019
TO: Mayor and City Council
FROM: Ross Polerecl<y, Director of Community Development
RE: Intergovernmental and License Agreements between McHenry County
Conservation District and the City of McHenry for bike path connections
located in the Patriot Estates/Prairie Lakes Subdivision,
AGENDA ITEM SUMMARY:
In the original annexation agreements for the Patriot Estates and Prairie Lakes subdivisions two
bike path connections to the regional bike path known as the Prairie Trail were approved.
Easements for these paths have already been recorded and approved, the final step prior to
construction of the connection is the approval of an intergovernmental agreement and license
agreement between the McHenry County Conservation District and the City of McHenry.
BACKGROUND:
The regional bike path known as the Prairie Trail runs north/ south along the eastern edge of the
Patriot Estates and Prairie Lakes subdivision. In the original design there were two connections to
the Prairie Trail, one in the Patriot Estates subdivision and one in the Prairie Lakes subdivision.
The final step prior to the Conservation District authorizing the connection is to have the attached
intergovernmental agreement and license agreement approved, this agreement has been approved
by the conservation board. Construction documents have been submitted to the conservation
district by Cunat Inc, the permit to make the final connection will be issued as soon as the attached
agreement is signed and recorded. Cunat Inc is responsible for all construction related costs. The
attached agreement is subject to further attorney review.
RECOMMENDATION:
Therefore, if City Council concurs, then a motion to approve the attached intergovernmental
agreement and license agreement between the City of McHenry and the McHenry County
Conservation District is appropriate.
MCHENRY COUNTY CONSERVATION DISTRICT
RESOLUTION #19-63
AUTHORIZE THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN CITY OF MCHENRY
AND THE MCHENRY COUNTY CONSERVATION DISTRICT
FOR THE ESTABLISHMENT OF TWO BIKE PATH CONNECTTIONS
TO THE PRAIRIE TRAIL AT THE PATRIOT ESTATES SUBDIVISION
WHEREAS, the McHenry County Conservation District (hereinafter referred to as
the "District"), and the City of McHenry (hereinafter referred to as the "City") are units
of local government authorized by the Illinois Constitution (II Const. Art VII 510) and
the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) to contract with each
other and otherwise agree amongst themselves and undertake certain transactions
with each other; and
WHEREAS, the City has prepared certain plans and certifications and
specifications for two certain multi -use paths ("Paths") associated with the Patriot
Estates Subdivision which it wishes to transverse certain real estate owned in fee
simple by the District in order to connect to the District's regional, multi -use trail
known as the Prairie Trail; and
WHEREAS, the District is prepared to grant the City a 50-year license for the
purpose of instatling, constructing, repairing, maintaining and replacing these Paths
subjected to certain terms and conditions contained in the Intergovernmental
Agreement; and
WHEREAS, the parties hereto have determined that it is in the best interest of
the public for the entities to cooperatively coordinate the project so as to make these
connections.
NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the District
that it is necessary, desirable, and in the best interest of the District to authorize the
Executive Director to execute an Intergovernmental Agreement, and that the
President and Secretary of the Board of Trustees are hereby authorized to execute this
resolution as attached.
Page 1 of 2 Resolution #99-63
IN WITNESS WHEREOF, this Resolution #19-63 has been executed this 24`h day
of September 2019, by the President and attested by the Secretary of the Board of
Trustees of the District,
Ayes:
RNON SCAM, PRESIDENT
Nays: BOARD OF TRUSTEES
Absent: lam,
CAROLYN� AMBE L, SECRETARY
Abstain: BOARD OF TRUSTEES
Page 2 of 2 Resolution #19-63
INTERGOVERNMENTAL AGREEMENT
INTERGOVERNMENTAL AGREEMENT made and entered into this
day of , 20 , by and between the MCHENRY COUNTY
CONSERVATION DISTRICT, a conservation district organized and existing under the
laws of the state of Illinois (hereinafter referred to as the "District"), and the CITY OF
MCHENRY, an Illinois municipal corporation (hereinafter referred to as the y ")a
WITNESSETH:
WHEREAS, the City has prepared certain plans and specifications for two certain
multi -use paths associated with Patriot Estates Subdivision (hereinafter referred to as the
"Paths") which it wishes to transverse certain real estate owned in fee simple by the District
in order to connect to the District's regional, multi -use, tc•ail known as the Prairie Trail;
WHEREAS, the District is prepared to grant the City a license for the purpose of
installing, constructing, repairing, maintaining. and replacing the Paths subject, however,
to the terms and conditions hereinafter contained; and
WHEREAS, the City and the District, pursuant to the Illinois Intergovernmental
Cooperation Act (5 ILCS 220/I et seq.), wish to enter into a cooperative undertaking and
formalize their mutual understanding and agreement with respect to the granting of the
license by the District for the Paths and certain other understandings reached by them as
more particularly provided hereinbelow.
NOW, THEREFORE, for and in consideration of the mutual covenants herein
contained and other good and valuable consideration, the receipt and sufficiency of which
are hereby mutually acknowledged, it is agreed as follows:
1. RECITALS: The recitals are hereby incorporated by this reference.
;057U0. 524.00087371.DOC : }
2. PRARIE TRAIL ACCESS: The City will cause the Paths creating public access to
the District's Prairie Trail to be completed within two years of the date of this
Intergovernmental Agreement at no cost or expense to the District. Said Paths and
access shall be for pedestrians and bicyclists. Time is of the essence for the
performance of this obligation.
3. GOOD REPAIR: The City shall cause the Paths to be ►maintained in good repair at
no cost or expense to the District and shall erect a sign indicating Prairie Trail
access.
4. GRANT OF LICENSE: The District shall cause a License Agreement, in the form
set forth in Exhibit A and Exhibit B, attached to and made a part hereof, to be
executed and delivered to the City with respect to certain real estate legally
described in Exhibit A and Exhibit B, attached hereto and made a part hereof
(hereinafter referred to as the "Licensed Real Estate").
5. TITLE: The District hereby disclaims any warranties of title with respect to the
Licensed Real Estate, it being the mutual understanding and agreement of the
parties hereto that the City shall undertake an independent investigation of title
and, relative thereto, satisfy itself as to the nature and marketability ofthe District's
title in and to the Licensed Real Estate.
6. TERMINATION: This Intergovernmental Agreement and the mutual obligations
contained herein shall automatically expire FIFTY (50) years from the date of its
execution. In the event the above mentioned Grant of License is terminated by the
District due to the failure of the City to provide the Paths within two years, the
District and the City agree that this Intergovernmental Agreement shall also
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terminate. In the event the Paths are provided within two years and the Grant of
License is subsequently tenninated by the District due to lack of performance.
breach by the City or any other reason, the District and the City agree that this
Intergovernmental Agreement shall also terminate.
7. NOTICES: Any and all notices required or permitted hereunder shall be given in
writing and shall be forwarded by facsimile or mailed by certified United States
mail, return receipt requested or deliver ed by overnight courier to the parties hereto
as follows:
If to the District: MCHENRY COUNTY CONSERVATION
DISTRICT
18410 U.S. Highway 14
Woodstock, Illinois 60098
AtWe Executive Director
Fax: (815) 334-2877
If to the City: CITY OF MCHENRY
333 S. Green Street
McHenry, Illinois 60050
Attn: City Administrator
Fax: (815) 363-2128
Any notice forwarded by facsimile shall be effective upon confirmation of receipt,
any notice forwarded by certified mail shall be effective upon its posting and any
notice forwarded by courier shall be effective upon receipt.
8. APPLICABLE LAW: This Intergovernmental Agreement shall be construed in
accordance with the laws of the state of Illinois.
9. PRIOR AGREEMENTS: This Intergovernmental Agreement shall supersede any
and all prior agreements, whether written or oral, between the parties hereto and
may only be amended by a written instrument executed by both the City and the
District or their authorized agents.
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10. GENDER: Whenever used herein, the masculine shall include the feminine, the
feminine shall include the masculine, the singular• shall include the plural, and the
plural shall include the singular.
1 1. SUCCESSORS AND ASSIGNS: This Intergovernmental Agreement shall be
binding upon the parties hereto and their respective successors and assigns
provided, however, that no party hereto shall assign any interest herein without the
prior written consent and approval of the other party Hereto, which consent may be
withheld by said party hereto at its sole and absolute discretion.
IN WITNESS WHEREOF, the parties have caused this Intergovernmental
Agreement to be executed on the day and year first above written at Woodstock,
Illinois.
MCHENRY COUNTI' CONSERVATION CIT1' OF 111CHENRY
DIS CT
By:IZL�- By:
President
Board of Trustees
Secretary 1
Board of Trustees
Attest:
4
EXHIBIT A
LICENSE AGREEMENT
�05700. 524: 00087371.DOC : �
EXHIBIT B
LICENSED REAL ESTATE LEGAL DESCRIPTION
0�700:524:00087371.DOC: �
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a
LICENSE AGREEMENT FOR PRAIRIE TRAIL ACCESS
BY AND BETWEEN
THE MCHENRY COUNTY CONSERVATION DISTRICT, LICENSOR, AND
THE CITY OF MCHENRY, ILLINOIS4 LICENSEE
LICENSE AGREEMENT made and entered into this day of , 20166
by and between the MCHENRY COUNTY CONSERVATION DISTRICT, a conservation
district organized and existing under the State of Illinois (hereinafter referred to as the
"Licensor"), and the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter
referred to as the "Licensee").
WITNESSETH:
WHEREAS, Licensor and Licensee are both public entities; and
WHEREAS, Licensee wishes to cross over and upon certain Real Estate owned by
Licensor and Licensor is amenable to permitting Licensee to utilize Licensor's Real Estate for the
purposes contemplated herein by virtue of a license to be granted by Licensor; and
WHEREAS, Licensor• is prepared to grant to Licensee a right to construct, repair, replace,
remove, operate, and maintain two multi -use Paths (hereinafter referred to as the "Paths") on a
portion Licensor's real estate that is legally described in Exhibit A and Exhibit B, attached
hereto (hereinafter referred to as the "Licensed Real Estate"), and for no other or additional
purposes; and
NOW, THEREFORE, for• and in consideration of mutual covenants herein
contained and other good and valuable consideration, the receipt and sufficiency of which are
hereby mutually acknowledged, the parties hereto agree as follows:
1
6 RECITALS: The recitals are hereby incorporated by this reference.
2. GRANT OF LICENSE: Licensor hereby grants to Licensee a FIFTY (50) year
license, authority, permission, right, and privilege to construct two Paths and to, repair, replace,
remove, operate, and nmaintain said Paths upon the surface of the Licensed Real Estate. Except as
specifically otherwise agreed in writing by Licensor, or as required by the subsequent provisions
hereof, said grant shall not extend to the construction, repairing, replacing, removing, operation,
or maintenance of any above -ground structures, components, or facilities other than the Paths and
necessary signs for public safety.
3. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED:
(a) Licensor's grant of rights to Licensee is subject and subordinate to the prior and
continuing right of Licensor to use and maintain its real estate and personal property, including
the right and power of Licensor to construct and maintain trails for use by the public, and for any
other lawful purpose or purposes, all of which may be freely done at anytime by Licensor without
notice to Licensee.
(b) Said grant is also subject to all outstanding prior or superior rights and the rights
of Licensor and is made without covenant of title or of quiet enjoyment.
(c) Said grant is revocable with 30 day notice from the District to the City.
4. MAINTENANCE: Licensee shall have the right to go on certain contiguous real
estate from time to time to perform routine maintenance and inspections of the Paths to be
constructed by it pursuant hereto. Licensee's Access to the Licensed Real Estate shall be on foot
or by vehicle. Prior to undertaking any reconstruction or major maintenance of the Paths,
Licensee shall give notice to the Licensor of its intent to go upon the Licensed Real Estate and
shall coordinate said activities with Licensor's personnel. In the event of an emergency, Licensee
2
shall provide notice thereof to the Licensor within twenty-four (24) hours of the occurrence of the
event creating the subject emergency.
5. CONSTRUCTION• REPAIR, REPLACEMENT. REMOVAL MAINTENANCE
AND OPERATION:
(a) All work performed on the Licensed Real Estate by Licensee in connection WIL11
the construction, repair, replacement, removal, maintenance, or operation of the Paths shall be
done in accordance with the customary and normal standards in the industry.
(b) Prior to the commencement of any work in connection with the construction.
repair, replacement, removal, maintenance, or operation of the Paths where it passes oi� the
Licensed Real Estate, Licensee shall submit to Licensor plans setting out the materials and
specifications, method and manner of handling the work, including the shoring and cribbing, if
any, required to protect Licensor's operations, and shall not proceed with the work until such
plans have been appt•oved by Licensor, provided that such approval shall not be unt•easonably
withheld or delayed.
6. NOT[CE OF COMMENCEMENT OF WORK: If an emergency should arise
requiring immediate attention and entry upon the Licensed Real Estate, Licensee shall provide as
much notice as practicable to Licensor before commencing any work. In all other situations,
Licensee shall notify Licensorat least ten (10) days (or such other time as Licensory allow) in
advance of the commencement of any work upon the Licensed Real Estate in connection with the
construction, replacement, removal, maintenance, or operation of the Paths. All such worl: shall
be prosecuted diligently to completion. Licensee shall notify Licensor of the completion of any
work undertaken on the Paths.
7. REINFORCEMENT OR REMOVAL OF PATHSS:
3
(a) The license herein granted is subject to the needs and requirements of Licensor in
the operation, improvement, and use of its real estate as a conservation area.
(b) All the terms, conditions, and stipulations herein expressed with reference to the
Paths on the Licensed Real Estate shall, so far as the Paths remains on the Licensed Real Estate,
apply to the Paths as modified, repaired, replaced, or removed %) ithin the contemplation of this
Paragraph.
8. NO INTERFERENCE WITH LICENSOR'S OPERATION: The Paths and all
parts thereof within and outside the limits of the Licensed Real Estate shall be constructed and at
all times maintained, repaired, replaced, removed, and operated in such manner as to cause no
undue delay or unreasonable interference with the constant, continuous, and unintec•rupted use of
the land and facilities of Licensor, and nothing shall be done or suffered to be done by Licensee
at any time that would in any manner impair the safety thereof.
9. RELOCATION OF PATHS: Licensee acknowledges that Licensor may at any
time construct, maintain, repair, replace, remove, use, operate, change, modify, and relocate any
trail or trails or other improvements situated on the surface of the Licensed Real Estate at
Licensor's costs so long as they do not interfere with the license hereby granted to Licensee.
Licensee shall. at its sole cost and expense, take all necessary steps to protect the Paths from and
against the effects of such actions by Licensor.
10. CLAIMS AND LIENS FOR LABOR. MATERIAL AND TAXES:
(a) Licensee shall fully pay for all materials affixed to and labor performed upon the
Licensed Real Estate in connection with the construction, repair, replacement, removal,
maintenance, modification, or reconstruction of the Paths and shall not permit or suffer any
mechanic's or materialman's lien of any kind or nature to he enforced against the Licensed Real
4
Estate for any work done or materials furnished thereon at the instance or request on behalf of
Licensee. Licensee shall indemnify and hold harmless Licensoragainst and from any and all
liensI claims, demands, costs, and expenses of whatsoever nature in any way connected with or
growing out of such work done, labor performed, or materials fw nished.
(b) Licensee shall promptly pay or discharge all taxes, cha►ges, and assessments
levied upon, in respect to, or on account of the Paths, to p►event the same from becoming a
charge or lien upon any property of Licensor, and so that the taxes, charges and assessments
levied upon or in respect to the Paths on the Licensed Real Estate shall not be increased because
of the location, const►•uction, or maintenance of the Paths or any improveme►it, appliance, or
fixture connected therewith placed upon the Licensed Real Estate, or on account of Licensee's
interest therein. Where such tax, charge, or assessment may not be separately made or assessed
to Licensee but shall be included in the assessment of the prope►•ty of Licensor, then Licensee
shall pay to Licensor an equitable proportion of such taxes determined by the value of Licensee's
property An property of Licensor as compared with the entire value of such property, as shall
be reasonably determined by Licensor.
12. PERMITS OR CONSTRUCTION OF THE PATHS: Licensee shall, prior to the
commencement of any work on the Licensed Real Estate, obtain any and all permits required
from any and all competent authorities and shall provide proof of said permit o►• permits to
Licensor. Licensee agrees to indemnify and hold Licensor harmless from any penalties, whether
civil or penal in nature, which may be assessed against Licensor as a result of a failure bv
Licensee to obtain any and all necessary permits for the activities contemplated in this License
Agreement.
5
13. RESTORATION OF LICENSOR'S PROPERTY: In the event Licensor
authorizes Licensee to move or take down any fence or structure or equipment of Licensor or in
any manner to move or disturb any of the othe► land o► facilities of Licensor in connection with
the construction, repai►, replacement, removal, maintenance, modification, or reconstruction of
the Paths, Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence,
structure, equipment, and other property to the same condition as the same were in prior to such
work.
14. INDEMNITY:
(a) As used in this Paragraph, "Licensor," includes Licensor's trustees, officers,
di►•ecto►•s, agents, volunteers, invitees, and employees. The te►•m, "Loss," includes all losses.
damages, claims, demands, actions, causes of action, penalties, costs, and expenses of any nature
whatsoever, including attorneys' fees and court costs, which may result from: (1) injury to or
death of any persons whomsoever (including the trustees, officers, directors, agents, volunteers,
invitees, and employees of Licensor and Licensee), and/or (2) damage to or loss or destruction of
any property whatsoever (including Licensee's property, damage to any trail, equipment, or other
property of Licensor, or property in Licensor's care or custody), except to the extent that any such
Loss is caused by the gross negligence or willful acts of Licensor, or its contractors and/or agents.
(b) Licensee agrees to indemnify and hold harmless Licensor• from any Loss which to
any extent is due to or arises from:
(1) The prosecution of any wot•k contemplated by this License Agreement,
including the installation, construction, repair, replacement, re►noval,
maintenance, o►• reconstruction, of the Paths by Licensee or any pa►-t
thereof; or
C�
(2) The presence, operation, or use of the Naths or contents escaping
therefrom.
1 S. WAIVER OF BREACH: The waive►• of Licensor or Licensee's b►•each of any
condition, covenant, or agreement contained herein shall in no way limit or restrict the right of
Licensor to avail itself of any remedy for any prior or subsequent breach hereof.
16. INSURANCE: Licensee, at its sole cost and expense, shall provide a policy or
policies of insurance for• public liability, having a ►nini►num limit of liability for personal injury
and property damage of TWO MILLION AND NO/100THS ($2,000,000.00) DOLLARS per
occurrence, for all claims of any nature arising from Licensee's exercise of its rights hereunder.
Licensor shall be designated therein as an Additional Insured. Throughout the term of the license
hereby granted, Licensee shall provide Licensor with current certificates of insurance or other
satisfacto►y evidence that premiums have been paid for said policy or policies issued by a solvent
and reputable resident or surplus insurance company acceptable to Licensor and authorized to
issue such policies on risks arising in the state of Illinois. Failure of the Licensor to demand such
certificate, endorsement or other evidence of full compliance with these instrance requirements
or failu►•e of the Licensor to identify a deficiency from evidence that is provided shall not be
construed as a waiver of Licensee's obligation to maintain such insurance.
17. LICENSEE'S DUTY OF CARE: Throughout the term of the license hereby
g►•anted, Licensee shall exercise the utmost care and caution for the protection of the property of
Licensor and for the safety of any and all persons p►•esent upon Licensor's land and utilize its
property.
18. TERMINATION:
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(a) If Licensee does not use the rights herein granted or the Paths for thirty-six (36)
months, V1 if Licensee fails to commence curing the default in the performance of any covenant
or agreement herein contained within thirty (30) days after written notice from Licensor to
Licensee specifying such default, Licensor may, at its option, immediately terminate this License
Agreement and the license hereby granted by written notice.
(b) Notice of default and notice of termination of the license hereby granted may be
served upon Licensee by mailing to the address of Licensee specified in Paragraph 19.
Termination of this License Agreement and the license Hereby granted for any reason shall not
affect any of the rights or• obligations of the parties hereto which may have accrued, or liabilities,
accrued or otherwise, which may have arisen prior thereto.
(c) The Licensor• may terminate the license with 30 day notice.
19. NOTICES: Any and all notices required or permitted hereunder shall be
given in writing and shall be forwarded by facsimile or mailed by certified United States mail,
return receipt requested or delivered by overnight courier• to the parties hereto as follows:
If to the District: MCHENRY COUNTY CONSERVATION DISTRICT
18410 U.S. Highway 14
Woodstock, Illinois 60098
Attn: Executive Director
Fax: (815) 334-2877
And a copy to:
If to the Municipality:
CITY OF MCHENRY
333 S. Green Street
McHenry, Illinois 60050
Attn: City Administrator
Fax: (815) 363-2128
E:3
Any notice forwarded by facsimile shall be effective upon confirmation of receipt, any notice
forwarded by certified mail shall be effective upon its posting and any notice forwarded by
courier shall be effective upon receipt.
20. APPLICABLE LAW: This License Agreement shall he construed in accordance
with the laws of the state of Illinois.
21. PRIOR AGREEMENTS: This License Agreement shall supersede and all Prior
agreements on this subject matter, whether written or oral, between the parties hereto and may
only be amended by written instrument executed by both Licensor and Licensee or their
authorized agents.
22. GENDER: Whenever used herein, the masculine shall include the feminine,
feminine shall include masculine, the singular shall include the plural, and the plural shall
include the singular.
23. SUCCESSORS AND ASSIGNS: This License Agreement shall be binding upon
the parties hereto and their respective successors and assigns provided, however, that neither
party hereto shall assign any interest herein or hereunder without the prior written consent and
approval of the other party first had and any such assignment, without said prior written consent,
shall be null and void and absolutely of no force o►• effect.
IN WITNESS WHEREOF, Licensor and Licensee have caused this License Agreement to be
executed on the day and year first above written at Woodstock, Illinois.
MCHENRY COUNTY CONSERVATION
DISTRICT
By: I
,
President
Board of Trustees
L�
CITY OF MCHENRY
By:
Attest:
..( at&C.N. L , -0i
Secretary
Board of Trustees
STATE OF ILLINOIS )
SS.
COUNTY OF MCHENRY )
Attest:
I, nneS n , a Notary Public in and for said County, in the State aforesaid, do
hereby certify that VQd'na1) SCC&Cc L and (ii.; „ L nt a be it , the President and Secretary of the
McHenry County Conservation District, a con ervation district organized and existing under the
laws of the State of Illinois (the "District"), who are personally known to me to be the same
persons whose names are subscribed to the foregoing instrument as such President and Secretary
appeared before me this day in person and acknowledged that they signed and delivered the said
instrument as their own free and voluntary act and as the free and voluntary act of the District, for
the uses and purposes therein set forth.
ANNE K BASTEN
NOTAFtY PUBLIC • STATE OF ILLINOlS
MY COMMISSION EXPIRESAIM
STATE OF ILLINOIS )
COUNTY OF MCHENRY )
I,
hereby certify that
notarial seal, this ay of w,/ r, 20�.
SS.
NOTARY PUBLIC
and
of the City of McHenry, Illinois, a municipal corporation (the
"Municipality") ,who are personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as such and
appeared before me this day in person and acknowledged that they signed and delivered the said
instrument as their own free and voluntary act and as the free and voluntary act of the
Municipality, for the uses and purposes therein set forth.
a Notary Public in and for said County, in the State aforesaid, do
and__ the
GIVEN under my hand and notarial seal, this day of , 20
NOTARY PUBLIC
l0
City of McHenry Council
Meeting Minutes
9.16.19
1
Minutes
REGULAR CITY COUNCIL MEETING
City Council Chambers, 333 S Green Street
Monday, September 16, 2019
Call to Order:
The City Council of the City of McHenry, Illinois, met in re gular session on Monday, August
19, 2019, 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 Mihevc,
Alderman Devine, Alderwoman Miller, Alderwoman Bahne and Mayor Jett. Others present:
Attorney McArdle, Administrator Morefield, Interim Director of Public Works Strange, Director
of Community Development Polerecky, Finance Director Lynch, Director of Par ks and
Recreation Hobson, Director of Economic Development Martin, and Chief of Pol ice Birk, and
City Clerk Ramel.
Pledge of Allegiance: Mayor Jett led those present in the Pledge of Allegiance.
Public Comments: None
Consent Agenda: Motion to Approve the Following Consent Agenda Items:
A. Award bid to Maneval Construction Company, Inc. for the Ringwood Road Water Main
Extension Project in the amount of $102,112.35;
B. Waive bidding requirements and award Cul-De-Sac Snow Removal Contract to Langton
Snow Solutions, Inc. in the amount of $48,976.56;
C. Authorization #1 to Curran Contracting Company for McHenry Road Resurfacing
Program in the amount of $31,043.74;
D. Parks & Recreation Facilities & Special Use Permit Requests;
E. Block Party Request;
F. September 2, 2019, City Council Meeting Minutes;
G. Issuance of Checks in the amount of $687,975.27;
H. Issuance of As Needed Checks in the amount of $261,928.27.
A motion was made by Alderman Santi and seconded by Alderwoman Miller to
approve consent agenda items as presented. Roll Call: Vote: 7-ayes: Alderman Santi,
Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc, Alderman
Devine, Alderwoman Miller. 0 -nays, 0-abstained. Motion carried.
City of McHenry Council
Meeting Minutes
9.16.19
Individual Action Item Agenda.
Motion to extend the original capital development and impact fee reduction with a waiver of
fees for single family homes, with the option to prepay, for period not to exceed 120 days, or
January 24th 2020.
Community Development Director Polerecky presented facts regarding the above motion. Staff
has been working with Baxter and Woodman regarding this. Talked about analyzing data and
needing time to do so. Alderman Schaefer, wanted to know if we can extend 90 days would it
make it easier for calendar year books and if that would be helpful. Community Development
Director Polerecky agreed that it is doable at the 90 days, but wanted to make sure he is giving
enough time for those meetin gs to occur. Alderman Santi wanted to know what the time table
is for the Baxter/Woodman completion. They are waiting for options to be presented, hoping
next meeting finalized within the next two weeks. Alderwoman Baehne supports what time
extension there needs to be, supporting this because there was an investment regarding these
analysis. Many on the City Council support the idea that there is a lot of information that is
needed to go over, and want to allow enough allotted time to go over the study. Alderwoman
Miller brought up the idea to make sure that there is enough time allotted maybe more time
such as 120 days would be better than a shorte r period of time. Discussion was lengthy and
continued regarding the fees and length of time for approval, many opinions were presented
regarding this Individual Action Item.
A motion was made by Alderman Baehne and seconded by Alderwoman Miller to
approve consent agenda items as presented. Roll Call: Vote: 6-ayes: Alderman Santi,
Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc, Alderman
Devine, Alderwoman Miller. 1-nays, 0-abstained. Motion carried
Discussion Items:
Prairieland Disposal Yard Waste Program
Interim Director of Public Works Strange, introduced Steve from Prairieland Disposal regarding
the yard waste program. Three years ago th e program started as stated and the program has
increased, but now are hearing complaints that people from out of the area are utilizing this
free yard waste service. Are starting to worry that people from other areas outside of McHenry
are abusing the use of the program. Steve stated that we may need to look for another way to
help police the drop off because we do not have stickers. Alderwoman Baehne wanted to know
if there is a way to help with people that are out of town. There would need to be someone from
the city to help police the problems of out of town people dropping off yard waste. Steve
presented that fact that over 500 cars in 6 hours attended the drop off at Knox Park. Alderman
Glab thought maybe having a city person out there may help until we get this under control,
wants to come up with a better solution. Alderwoman Miller wanted to know if the surveys are
successful for items such as this, how the participation would be. There was discussion
regarding a public survey and learned that the success rate regarding this somewhere around
25%. Alderwoman Miller wanted to know what parameters would work for the survey, how it
would question the citizens. Director of Public Works Strange supported the feedback from the
public regarding this topic. The current proposal is offering two bags at the curb with no charge.
The average is 40 yards right now, the agenda packet states the specifics. Mayor Jett,
suggested putting a staff member to go out the next two Saturdays to study the situation at the
yard waste program. Discussion continued regarding surveys and how to get the public opinion
to this program and how to move forward. Is the recommendation to do a survey per Mayor
City of McHenry Council
Meeting Minutes
9.16.19
Jett, is this the direction that we want to take, financially to do a survey or to provide stickers
for those that live in the city. Chief Birk will be policing the next weeks of drop off and will go
ahead and report back to us.
Several public comments occurred at the end of this discussion, Chris from the community,
has been using the drop off for years. She thanked Steve from Prairie Land Yard Waste. She
did talk with neighbors stated that they need really need the Saturday drop off. S tated some
other neighbors wanted to use their own containers to help with recycling.
Jan, made public comment regarding yard waste as well.
Dave lives who lives in Fox Ridge, has used the drop off for many years and feels it’s a great
service, however people that do not live here should be policed. Gave his opinion regarding
how much he likes the service at Knox Park. Stated the wants the Council to support the people
here. Eric another community member wants people to be ID for the drop off and is in fa vor of
the service and really likes the and is in support for keeping the program and would even pay
small fee.
Mayor Jett asked if anyone in the audience had any further requests to speak before the
Council before it adjourned to closed session. There were no further comments or discussions.
Executive Session:
A motion was made by Alderman Santi and second by Alderwoman Miller to close
executive session: for the purpose of discussing whether a particular parcel should
be acquired (5 ILCS 120/2(c)(5).).
Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Schaefer, Alderma n Glab, Alderwoman
Baehne, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0 -nays, 0-abstained. Motion
carried
A motion was made by Alderman Santi and second by Alderwoman Miller to return to
open session: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Schaefer, Alderman Glab,
Alderwoman Baehne, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0 -nays, 0-
abstained. Motion carried
Staff Reports:
Hobson stating how cool the Riverwalk Fire Globe Event how cool it was and how neat i t was
to have the relationship with the Riverwalk Foundation. The fire globes will be continued to be
lit during Saturday’s through October, and the thought that smaller concerts could be involved
as well. Weather permitting the dates are tentative Sept 28 Oct 12th October 26th. LED’s will be
added after the fire is done being lit.
Mayor’s Report:
No further business to discuss.
City Council Comments:
Discussion on how much rain occurred and also if it could be the same as a 100 year rain.
City of McHenry Council
Meeting Minutes
9.16.19
Adjourn:
A motion was made Alderman Santi and seconded by Alderwoman Baehne to adjourn
the meeting at 8:55 p.m. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Schaefer,
Alderman Glab, Alderwoman Baehne, Alderman Mihevc, Alderman Devi ne, Alderwoman
Miller. 0-nays, 0-abstained. Motion carried
X
Mayor Wayne Jett
X
City Clerk Trisha Ramel
City Council
Special Meeting Minutes
September 30, 2019
Page 1
City Council Special Meeting
September 30, 2109
Call to Order
The City Council of the City of McHenry, Illinois, met in a special session on Monday, June 24,
2019, at 5:30 p.m. in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL.
Roll Call
Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Santi, Alderman Glab,
Alderman Schaefer, Alderwoman Baehne, Alderman Mihevc, Alderman Devine, Alderwoman
Miller, and Mayor Jett. Others present: Administrator Morefield, Director of Public Works
Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of
Economic Development Martin, Chief of Police Birk, Director of Human Resources Campanella,
and Deputy Chief of Police Walsh.
Pledge of Allegiance
Mayor Jett proceeded to lead those present in the Pledge of Allegiance.
Strategic Planning Session
Marcy Piekos and Frances Glossom were present from LGMC Leadership to facilitate the strategic
planning session. The City’s mission and vision statements were reviewed, and all members of
the Council and staff were able to give input and offer opinions. The plan would be to take the
new vision and mission statements to the next City Council meeting for approval and adoption.
Goal statements were introduced and reviewed. There were three main goal statements created
by different groups: 1) Identify/create sufficient revenues to meet our annual and long -term
operating, capital, and equipment and improvement needs; 2) Initiate a plan to improve revenue
streams; 3) Create a realistic projection of short and long -term capital costs.
Council members and staff split into three different groups to discuss a strategy for each of the
goal statements. Each group came up with possibilities for each goal , and a timetable for
implementing each. Pros and cons of each strategy were also discussed.
Public Comment
City Council
Special Meeting Minutes
September 30, 2019
Page 2
There were no comments from the public in attendance.
Adjournment
A motion was made by Alderwoman Miller and seconded by Alderman Santi to adjourn the
meeting at 7:23 p.m. Roll call: Vote: 7-ayes: Alderwoman Baehne, Alderman Schaefer, Alderman
Santi, Alderman Glab, Alderman Mihevc, Alderman Devine, Alderwoman Miller . 0-nays, 0-
abstained. Motion carried.
_________________________________ _________________________________
Mayor Wayne Jett Deputy Clerk Monte Johnson
CHnroil r
Bill Hobson, Director of Parks and Recreation
McHenry Recreation Center
3636 Municipal Drive
McHenry, Illinois 60050
Phone: (815) 363-2160
Fax: (815) 363-3119
www.ci.mchenry.il.us/park recreation
CONSENT AGENDA SUPPLEMENT
DATE: October 7, 2019
TO: Mayor and City Council
FROM: Bill Hobson, Director of Parks and Recreation
RE: McHenry Parks &Recreation Facilities &Special Use permit requests
ATT: Permit List and Applications
All fees and documentation have been satisfactorily submitted for the attached McHenry Parks
& Recreation Facilities & Special Use permit requests.
If Council concurs, then it is recommended a motion is considered to approve the attached
McHenry Parks & Recreation Facilities & Special Use permit requests.
The Citp of tUcHenri� is rlerlicnterl to providbrg its citizens, businesses, aarl visitors ivitb the /rig/rest grurlily of programs
rnnl services in n crrsronrer-orierNerl, ef%rcient, and,fiscnllp responsible manner.
FOR COUNCIL MEETING ON OCTOBER 11 2019
Shelter Rental Alcohol Permits
These are alcohol permit requests associated with shelter rentals
Date Applicant Address Park
None
Special Use Permits
These are special use permit requests associated with shelter rentals
Date Applicant
None
Address
Park
Purpose
Special Use
Recreation Center Room Rental Alcohol Permits
These are alcohol permit requests associated with Recreation Center room rentals or programs.
Date Applicant Address Rec Center Purpose
10/12/19 Annette Horcher 5121 Shorehill Drive All Rooms Celebration of Life
11/02/19 Michelle Fier 2530 Evergreen Circle Room A Birthday Party
12/01/19 Mary Montressor 4803 Chesterfield Drive Room A Engagement Party
McHenry Recreation Center
• • Facility Rental &Special Use Permit Application
McHenry
rartr&Fmr rUn lNratl <nr
Application Date:
�— I
Rental Date: �1 L����e, I G � Rental Time (include set-up/clean-up): —
Name of Applicant: n P-1 I c� 1 tz) r <1 k_e r� Date of Birth: 'I—)
Organization (if applicable):
Address: S I �— S r,�r �, ;) �a City/State/Zips
Home Phone: Cell
Title/Activity: C'� e Attendance:_ t7
SHELTER/SAFETY TOWN: (daily rate)
❑ Knox A ❑ Petersen A ❑ Petersen C ❑ Safety Town
❑ Knox B ❑ Petersen B ❑ Veterans ❑ Other
WEDDING: ❑Rolls removed at Veterans Memorial Park ($25 fee)
MCHENRY RECREATION CENTER: (hourly rate)
ROOM: ,Kitchen ($as reel rrJ Room A �J�Room 8
ET -UP: ❑ Banquet ❑ Board Room ❑ Classroom
TABLES/CHAIRS: It Rounds It Rect� If Chairs
BEER/WINE: (at least 4 weeks notice needed) — No other alcohol allowed
TYPE: N Wine Beer
AMOUNT: d Bottles��. q Cases �?
SPECIAL USE: (at least 4 weeks notice needed) -- Equipment provided by renter
❑Tent Location:
�TRoam C
❑Theater
❑ Studio
❑ Bounce House *Applicant t
❑ It Tables_ ❑Band/D1 ❑Carnival Rides ❑Animals
❑ H Chairs____, ❑ Wedding Arch ❑ Performer ❑ Catered Pig Roast
❑ Other
OTHER: Groups over 500 mus
DAMAGE DEP: Credit Card Nutnb_er:
Signature:
Approval will be based on the Items li! d
by law for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334.4585
I agree all alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or
Intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol
allowed In City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit Issued
pursuant to this application Is expressly prohibited. I also understand that not complying with the rules will result in loss of deposit.
I agree to hold the City of McHenry, its employees and agents harmless, and Indemnify same from any and all liability of Injury to person or
property occurring as a result of the activity sponsored by pemiittee and said person shall be liable to the City of McHenry for any and all damage to parks,
recreation facilities and equipment owned by same, which results from or during the activity of permittee or is caused by participant In said activity. All
persons agree to comply with the City of McHenry Municipal Code and all Parks & Recreation regulations. 1 have read and fully understand the McHenry
Recreation Center Rental and/or Shelter Guidelines.
Signatu
McHenry
Nrlr6 tmr•v:m lkrvnmr,a�
Rental Date:
Name of Applicant:_]�,�1>✓\(�
Group/Organization (if applicable):
Address: 25o r'VO)61
Home Phone:
Personal Email:
Event Title/Acti
SHELTER/SAFETY TOWN: (pally rate)
❑ Knox A
❑ Knox B
McHenry Recreation Center
Facility Rental & Special Use Permit Application
Application Date:
Rental Time (include setup/clean•up): 'J LP 19rn
Vy Date of Birth:
❑ Petersen A
❑ Petersen B
❑ Petersen C
❑ Veterans
❑ Safety Town
L=] Other
WEDDING: ❑Rails removed at Veterans Memorial Park ($25 fee)
MCHENRY RECREATION CENTER: (hourly rate)
dance: .�_1�X
ROOM: Kitchen (sss fee) Roam A ❑ Room B ❑ Room C ❑Studio
SET-UP: ❑ Banquet ❑ Board Room ❑ Classroom ❑ Theater
TABLES/CHAIRS: It Round _ It Rect It Chairs
BEER/WINE: (at least 4 weeks notice needed) — No other alcohol allowed
TYPE: )4 Wine Beer
AMOUNT: tf Bottles Z # Cases Z
SPECIAL USE: (at least 4 weeks notice needed) —Equipment provided by renter
❑ Tent Location:
❑ Bounce House *Applicant to call JULIE (1-800•B92-0123) for staking of Tents/Bounce
❑ ff
Tables_
❑Band/DJ
❑Carnival
Rides
❑Animals
❑ #
Chairs_
❑
Wedding Arch
1.3
Performer
❑
Catered Pig Roast
OTHER: Groups over S00 must oqk
DAMAGE DEP: Credit Card Nu /m�her: 9
Signature:.
Approval will be based on the items listed
bylaw for concessions and catering. Please make arrangements to obtain permits. McHenry Comriy Department ofHealth: 815-334-4585
I agree all alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or
intoxicated person will be allowed to consume any alcohol brought Into City of McHenry property under this permit. I agree that none of the alcohol
allowed in City of McHenry property, pursuant to this application will be sold, It being understood that the sale of alcohol under this permit Issued
pursuant to this application is expressly prohibited, I also understand that not complying with the rules will result in loss of deposit.
I agree to hold the City of McHenry, Its employees and agents harmless, and indemnify same from any and all liability of injury to person or
property occurring as a result of the activity sponsored by permittee and said person shall be liable to the City of McHenry for any and all damage to parks,
recreation facilities and equipment owned by same, which results from or during the activity of permittee or is caused by participant in said activity. All
persons agree to comply with the City of McHenry Municipal Code and all Parks & Recreation regulations. I have read and fully understand the McHenry
Recreation Center Rental and/or Shelter Guidelines.
Signatur b CJ�C / lJ" J Date:
McHenry
Rental Date: 1 �UI
Name of Applicant: Mary
° a r
Group/Organization (if applicable):
Address: 020, Ojle: �Pl'
Home Phone: �•,
Personal Email:
Event Title/Activity; jJ, )" 1(�(
SHELTER/SAFETY TOWN: (daily
❑ Knox A
❑ Knox B
WEDDING:
McHenry Recreation Center
Facility Rental & Special Use Permit Application
❑ Petersen A
❑ Petersen B
Application Date:_ OM '-03 �ZajcI
,se f vp )2: 30
ntaI Time (include set-up/clean-up): i0ArT y 1:00 -_3:oo
G)3•
Date of Birth:ean Op 3:
_
C
❑ Veterans
❑ Safety Town
❑ Other
❑ Rails removed at Veterans Memorial Park ($25 fee)
MCHENRY RECREATION CENTER: (hourly rate)
ttendance:
ROOM: Vvitchen (S3s reej�(toom A ❑ Room B ❑ Room C ❑Studio
SET-UP: ❑ Banquet ❑ Board Room ❑ Classroom ❑ Theater
TABLES/CHAIRS: # Round # Rect # Chairs
BEER/WINE: (at least 4 weeks notice needed) - No other alcohol allowed
TYPE: Wine Beer
AMOUNT: # Bottles - # Cases
SPECIAL USE: (at least 4 weeks notice needed) —Equipment provided by renter
❑ Tent Location:
❑ Bounce House *Applicant to call JULIE (1-g00-892-0123) for staking of Tents/Bounce F
❑ #Tables_ ❑Band/DJ ❑Carnival Rides ❑Animals
❑ # Chairs ❑Wedding Arch ❑ Performer ❑ Catered Pig Roast
❑ Other
OTHER: Groups over 500 must ok
DAMAGE DEP: Credit Card Number: �� ' 7
Signature: iQ�f.(�Q. 0
Approval will be based on the items listed wired
bylaw for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-3344585
I agree all alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or
intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol
allowed in City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit issued
pursuant to this application is expressly prohibited. I also understand that not complying with the rules will result in loss of deposit.
I agree to hold the City of McHenry, its employees and agents harmless, and indemnify same from any and all liability of injury to person or
property occurring as a result of the activity sponsored by permittee and said person shall be liable to the City of McHenryfor any and all damage to parks,
recreation facilities and equipment owned by same, which results from or during the activity of permittee or is caused by participant in said activity. All
persons agree to comply with the City of McHenry Municipal Code and all Parks & Recreation regulations. I have read and fully understand the McHenry
Recreation Center Rental and/or Shelter Guidelines.
Signature; r r jJILU ) Date: Z 1
McHenry, IL
Expense Approval Register
List of Bills Council Meeting 10-TISI
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: AMERICAN PLANNING
ASSOCIATION
AMERICAN PLANNING
9/18/19
10/07/2019
9/18/19 RECR AD
100-01-5110
100,00
Vendor AMERICAN PLANNING ASSOCIATION Total:
100.00
Vendor: AQUA ILLINOIS
AQUA ILLINOIS
MS-2115147
10/07/2019
READS 7/20-9/19 MCHENRY
510-32-5110
159,90
Vendor AQUA ILLINOIS Total:
15930
Vendor: BAKER & SON CO, PETER
BAKER & SON CO, PETER
27014
10/01/2019
BINDER, SFC
100-33-6110
31876,78
BAKER & SON CO, PETER
26303
10/07/2019
HMA SURF/BND
100-33-6110
81228,41
BAKER & SON CO, PETER
26609
10/07/2019
HMA BINDER, SFC
100-33-6110
5,408.91
BAKER & SON CO, PETER
26723
10/07/2019
HMA BND/SURF
100-33-6110
3143938
BAKER & SON CO, PETER
26836
10/07/2019
HMA BINDER
100-33-6110
700o40
Vendor BAKER & SON CO, PETER Total:
21,65188
Vendor: BANK OF NEW YORK MELLON, THE
BANK OF NEW YORK MELLON,
252-2227886
10/07/2019
MCHENRY 2010C
510-32-7300
1105150
BANK OF NEW YORK MELLON,
MCHENRY13 9/4/19
10/07/2019
MCHENRY GO REF 13
300-00-7200
31185,00
Vendor BANK
OF NEW YORK MELLON, THE Total:
41237*50
Vendor: BAXTER & WOODMAN
BAXTER & WOODMAN
0207934
10/07/2019
PROJ 190382,30
510-31-5110
2,542.81
BAXTER & WOODMAN
0207934
10/07/2019
PROJ 190382,30
510-32-5110
2,542.81
BAXTER & WOODMAN
207934
10/07/2019
PROJ 19038230
100-03-5110
51085,63
BAXTER & WOODMAN
208113
10/07/2019
RET PERS GERSTAD
740-00-5220
11961,51
Vendor BAXTER & WOODMAN Total:
12,13236
Vendor: BEAUDOIN, ROBERT
BEAUDOIN, ROBERT
INV0008853
10/07/2019
8/27 & 9/5/19 MEAL REIMB
100-22-5420
16.00
Vendor BEAUDOIN, ROBERT Total:
16.00
Vendor: CAREY, MEGAN
CAREY, MEGAN
INV0008854
10/07/2019
MEAL REIMB
100-22-5420
8,00
Vendor CAREY, MEGAN Total:
8000
Vendor: CLEMENTS, PAUL
CLEMENTS, PAUL
INV0008868
10/07/2019
P CLEMENTS UNIFORM ALLOW 510-35-4510
49,99
Vendor CLEMENTS, PAUL Total:
49.99
Vendor: COMPASS MINERALS AMERICA
COMPASS MINERALS AMERICA
497675
10/07/2019
SALT
270-00-6110
41178,30
COMPASS MINERALS AMERICA
498382
10/07/2019
SALT
270-00-6110
30,625.92
COMPASS MINERALS AMERICA
498681
10/07/2019
BULK COARSE HWY
270-00-6110
201708A8
COMPASS MINERALS AMERICA
499565
10/07/2019
BULK HWY COARSE
270-00-6110
24,67130
COMPASS MINERALS AMERICA
500058
10/07/2019
BULK HWY COARSE
270-00-6110
30,827,26
COMPASS MINERALS AMERICA
500724
10/07/2019
BULK HWY COARSE
270-00-6110
26,837.82
COMPASS MINERALS AMERICA
501359
10/07/2019
BULK HWY COARSE
270-00-6110
24,587,26
Vendor COMPASS
MINERALS AMERICA Total:
162143634
Vendor: CONSTELLATION NEWENERGY
INC
CONSTELLATION NEWENERGY
INV0008869
10/07/2019
UTIL
100-33-5520
330,57
CONSTELLATION NEWENERGY
INV0008869
10/07/2019
UTIL
100-42-5510
796,41
CONSTELLATION NEWENERGY
INV0008869
10/07/2019
UTIL
100-44-5510
28,21
CONSTELLATION NEWENERGY
INV0008869
10/07/2019
UTIL
100-45-5510
29204
CONSTELLATION NEWENERGY
INV0008870
10/07/2019
UTIL
510-32-5510
28.51
Vendor CONSTELLATION NEWENERGY INC Total:
1,47534
Vendor: DR HORTON INC
DR HORTON INC
18-11-037
10/07/2019
REF ON PERMIT 18-11-037
100-00-3410
249600
DR HORTON INC
18-11-037
10/07/2019
REF ON PERMIT 18-11-037
280-00-3775
11733,00
10/2/Z019 11:43:22 AM
Expense Approval Register
Packet: APPKT01616 -
9-2349 AP CKS
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
DR HORTON INC
18-11-037
10/07/2019
REF ON PERMIT 18-11-037
280-41-3780
11411,00
DR HORTON INC
PERMITI8-11-037
10/07/2019
REF PERMIT#18-11-037
550-31-3630
11035,00
DR HORTON INC
PERMITI8-11-037
10/07/2019
REF PERMIT#18-11-037
550-32-3630
1,190.00
Vendor DR HORTON INC Total:
51618.00
Vendor: FOX VALLEY FIRE & SAFETY
FOX VALLEY FIRE & SAFETY
IN00293124
10/07/2019
ANNUAL INSP FIRE ALARM SYS 225-00-5110
500.00
FOX VALLEY FIRE & SAFETY
IN00293870
10/07/2019
MUN RADIO MAINT
225-00-5110
11352.00
Vendor
FOX VALLEY FIRE & SAFETY Total:
1,852.00
Vendor: GLICK IV, HENRY W
GLICK IV, HENRY W
INV0008871
10/07/2019
9/9-9/2719 7 GAMES
100-47-5110
175.00
Vendor GLICK IV, HENRY W Total:
175.00
Vendor: HRGREEN
HRGREEN
128820
10/07/2019
550 RIDGEVIEW
740-00-5220
180.00
HRGREEN
128823
10/07/2019
JESSUP MANUF EXP
740-00-5220
180.00
HRGREEN
129138
10/07/2019
GEN CONSULT
100-01-5110
787.50
HRGREEN
129381
10/07/2019
RET PERS-JESSUP
740-00-5220
11890,00
HRGREEN
129384
10/07/2019
RET PERS - DR HORTON
740-00-5220
180.00
HRGREEN
191079
10/07/2019
RET PERS DIST 156
740-00-5220
966.75
Vendor HRGREEN Total:
41184.25
Vendor: IPPFA
IPPFA
2451
10/07/2019
IPPFA MSHIP DUES 1/1/20-
760-00-5110
795.00
Vendor IPPFA Total:
795.00
Vendor: LAMZ, JASON
LAMZ, JASON
INV0008861
10/07/2019
TOOL REIMB
100-33-4510
350.00
Vendor LAMZ, JASON Total:
350.00
Vendor: LAUTERBACH & AMEN,
LLP
LAUTERBACH&AMEN, LLP
39538
10/07/2019
MALIK BENEFIT CALCULATION 760-00-5110
350.00
Vendor LAUTERBACH & AMEN, LLP Total:
350.00
Vendor: LPL FINANCIAL
LPL FINANCIAL
56315377 9/9/19
10/07/2019
POL PENSION ADV FEE
760-00-5110
161432.00
Vendor LPL FINANCIAL Total:
16,432.00
Vendor: LUNSFORD, NELSON
LUNSFORD, NELSON
248752
10/07/2019
DOG PARK CXL
100-41-3635
15.00
Vendor LUNSFORD, NELSON Total:
15.00
Vendor: MACEK, LORI
MACEK, LORI
248703
10/07/2019
PGM CXL
400-40-3650
20.00
Vendor MACEK, LORI Total:
20.00
Vendor: MARTINI, GRETCHEN
MARTINI, GRETCHEN
248721
10/07/2019
DOG PARK CXL-2
100-41-3635
35.00
Vendor MARTINI, GRETCHEN Total:
35.00
Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK
MCANDREWS PC, THE LAW
SEPT 19, 2019
10/07/2019
TRAFFIC SEPT 2019
100-01-5230
41000.00
Vendor MCANDREWS PC,
THE LAW OFFICE OF PATRICK Total:
41000.00
Vendor: MCHENRY COUNTY COUNCIL OF GOVERNMENTS
MCHENRY COUNTY COUNCIL
139029
10/07/2019
NIPC
100-01-5230
11267,50
Vendor MCHENRY COUNTY
COUNCIL OF GOVERNMENTS Total:
1,267.50
Vendor: MCHENRY COUNTY RECORDER OF DEEDS
MCHENRY COUNTY RECORDER
AUG 2019
10/07/2019
AUG REC FEES
100-01-6940
68.00
MCHENRY COUNTY RECORDER
INV0008855
10/07/2019
AUG REC FEES
510-31-6940
51.00
MCHENRY COUNTY RECORDER
INV0008855
10/07/2019
AUG REC FEES
510-32-6940
255.00
Vendor MCHENRY COUNTY RECORDER OF DEEDS Total:
374.00
Vendor: MCHENRY SPECIALTIES
MCHENRY SPECIALTIES
2019-750
10/07/2019
G GRUEN, T STRANGE
100-30-6210
13.00
Vendor MCHENRY SPECIALTIES Total:
13.00
10/2/2019 11:43:22 AM
Expense Approval Register
Packet: APPKTO1616 -
9-2349 AP CKS
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: MINUTEMAN PRESS OF MCH
MINUTEMAN PRESS OF MCH
93043
10/07/2019
G GRUEN BUS CARDS
100-30-6210
46.00
MINUTEMAN PRESS OF MCH
93056
10/07/2019
A GREVE BUS CARDS
620-00-6110
49.00
MINUTEMAN PRESS OF MCH
93074
10/07/2019
#10 NO WINDOW ENVELOPES 100-04-5330
369.65
Vendor
MINUTEMAN PRESS OF MCH Total:
464.65
Vendor: MOREFIELD, WILLIAM
DERIK
MOREFIELD, WILLIAM DERIK
INV0008856
10/08/2019
REIMB LEAD CONF TRAVEL
100-01-5420
501,96
MOREFIELD, WILLIAM DERIK
INV0008856
10/08/2019
REIMB LEAD CONF TRAVEL
100-01-5420
69.00
Vendor
MOREFIELD, WILLIAM DERIK Total:
570.96
Vendor: MUNICIPAL COLLECTION SERVICES INC
MUNICIPAL COLLECTION
015073
10/07/2019
COLL
100-01-5110
18.66
MUNICIPAL COLLECTION
015074
10/07/2019
COLL
100-04-5110
89.47
MUNICIPAL COLLECTION
015075
10/07/2019
COLL
100-04-5110
94.51
Vendor MUNICIPAL COLLECTION SERVICES INC Total:
202.64
Vendor: NICOR GAS
NICOR GAS
INV0008857
10/07/2019
UTIL
100-42-5510
606.82
NICOR GAS
INV0008857
10/07/2019
UTIL
100-45-5510
52.95
NICOR GAS
INV0008857
10/07/2019
UTIL
100-46-5510
18.21
NICOR GAS
INV0008858
10/07/2019
UTIL
510-31-5510
335,60
NICOR GAS
INV0008858
10/07/2019
UTIL
510-32-5510
358.43
Vendor NICOR GAS Total:
1,372.01
Vendor: NORTHWESTERN MEDICINE
OCC HEALTH
NORTHWESTERN MEDICINE
400341
10/07/2019
S ELLIS, A MANCINI
100-05-5110
376.00
Vendor NORTHWESTERN MEDICINE OCC HEALTH Total:
376.00
Vendor: ORC, ERIKA
ORC, ERIKA
248626
10/07/2019
REF
100-41-3635
43.00
ORC, ERIKA
248626
10/07/2019
REF
100-41-3637
12.00
Vendor ORC, ERIKA Total:
55.00
Vendor: PITNEY BOWES INC
PITNEY BOWES INC
1013882073
10/07/2019
MTHLY METER
100-04-5310
464.28
Vendor PITNEY BOWES INC Total:
464.28
Vendor: SAFELITE FULFILLMENT
INC
SAFELITE FULFILLMENT INC
783903
10/07/2019
ACCT 440734 9/6/19
610-00-5980
334.64
Vendor SAFELITE FULFILLMENT INC Total:
334.64
Vendor: SCHMITT, MATTHEW
SCHMITT, MATTHEW
INV0008859
10/07/2019
MEALREIMB
100-22-5420
8.00
Vendor SCHMITT, MATTHEW Total:
8.00
Vendor: STEPHENSON, KAREN
STEPHENSON, KAREN
248533
10/07/2019
PGM CXL
100-41-3636
99.00
Vendor STEPHENSON, KAREN Total:
99.00
Vendor: TECHNOLOGY MANAGEMENT REV FUND
TECHNOLOGY MANAGEMENT
T2005352
10/07/2019
COMM SVS
620-00-5110
10.00
Vendor TECHNOLOGY MANAGEMENT REV FUND Total:
10.00
Vendor: WOLF DOROTHY
WOLF DOROTHY
INV0008860
10/07/2019
TRAVEL & MEAL RIEMB
100-06-5420
81.21
Vendor WOLF DOROTHY Total:
81.21
Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE
ZUKOWSKI ROGERS FLOOD &
139082
10/07/2019
TRAFFIC
100-01-5230
71742.31
Vendor ZUKOWSKI
ROGERS FLOOD & MCARDLE Total•
7,742.31
Grand Total•
24%S31.56
10/2/2019 11:43:22 AM
Expense Approval Register
Packet: APPKT01616 - 9-2349 AP CKS
no Summary
Fund
Expense Amount
100 -
GENERAL FUND
45,963.77
225-ALARM
BOARD FUND
1185200
270-
MOTOR FUELTAX FUND
162,436.34
280-
DEVELOPER DONATION FUND
3,144.00
300-
DEBT SERVICE-1997A FUND
3,185.00
400 -
RECREATION CENTER FUND
20.00
510-
WATER/SEWER FUND
7,376.55
550 -
CAPITAL DEVELOPMENT FUND
2,225.00
610-
RISK MANAGEMENT FUND
334.64
620 -
INFORMATION TECHNOLOGY FUND
59.00
740 -
RETAINED PERSONNEL ESCROW
5,358.26
760 -
POLICE PENSION FUND
17,577.00
Grand Total: 249,531.56
Vendor Name
Expense Approval Register
McHenry, IL #2 List of Bills Council Meeting 10-7-19
Payable Number Post Date Description (Item) Account Number Amount
Vendor: ADAMS ENTERPRISES
INC, R A
ADAMS ENTERPRISES INC, RA
S015664
10/07/2019
springs 476
100-33-5370
724,60
Vendor ADAMS
ENTERPRISES INC, R A Total:
724.60
Vendor: ADAMS STEEL SERVICE & SUPPLY, INC
ADAMS STEEL SERVICE &
358190
10/07/2019
tail gate fins
100-33-5370
478,75
ADAMS STEEL SERVICE &
358290
10/07/2019
tail gate fins
100-33-5370
11358,08
ADAMS STEELSERVICE &
358354
10/07/2019
Misc Steel
510-32-6110
255,00
Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total:
2,091.83
Vendor: ADVANCED WEIGHING SYSTEMS INC
ADVANCED WEIGHING
26940
10/07/2019
RE-CERTIFACTION SCALE
100-22-5110
100,00
Vendor ADVANCED WEIGHING SYSTEMS INCTotal:
100000
Vendor: ALPHA BUILDING MAINTENANCE SERVICE INC
ALPHA BUILDING
19621MRC
10/07/2019
Monthly janitorial service
400-00-5200
21080,00
Vendor ALPHA BUILDING
MAINTENANCE SERVICE INCTotal:
27080600
Vendor: ARAMARK
ARAMARK
21836497
10/07/2019
Jason McMahon - Clothing -
510-31-4510
217,87
Vendor ARAMARK Total:
217.87
Vendor: AT&T LONG DISTANCE
AT&T LONG DISTANCE
6201920163
10/07/2019
MONTHLY INVOICE
620-00-5320
1.22
Vendor AT&T LONG DISTANCE Total:
112
Vendor: AT&T
AT&T
6201920162
10/07/2019
MONTHLY INVOICE
620-00-5110
21329,88
Vendor AT&T Total:
2,329.88
Vendor: AUTO TECH CENTERS INC
AUTO TECH CENTERS INC
298232
10/07/2019
tire 220
100-03-5370
553,80
AUTO TECH CENTERS INC
298414
10/07/2019
tires 345
100-22-5370
585.84
AUTO TECH CENTERS INC
298418
10/07/2019
wheel balabce 345
100-22-5370
47.80
Vendor AUTO TECH CENTERS INC Total:
1,187.44
Vendor: BEACON ATHLETICS
BEACON ATHLETICS
505966-IN
10/07/2019
SportsField Supplies
100-45-6110
1,277.16
Vendor BEACON ATHLETICS Total:
1,277A6
Vendor: BEARING HEADQUARTERS COMPANY
BEARING HEADQUARTERS
5504837
10/07/2019
Aerator Coupling and Seed
510-32-5375
1,147.26
BEARING HEADQUARTERS
5506441
10/07/2019
SWWTP-Aerator Drive Bearings
510-32-5375
9,361.84
Vendor BEARING
HEADQUARTERS COMPANY Total:
10,509010
Vendor: BURRIS EQUIPMENT COMPANY
BURRIS EQUIPMENT COMPANY
PL11313
10/07/2019
pin 443
100-33-5370
136.81
Vendor BURRIS EQUIPMENT COMPANY Total:
136.81
Vendor: BUSS FORD SALES
BUSS FORD SALES
5035252
10/07/2019
lamp 325
100-22-5370
11.78
BUSS FORD SALES
5035474
10/07/2019
dust cap 800
510-35-5370
2204
BUSS FORD SALES
5035511
10/07/2019
blower 316
100-22-5370
181,75
BUSS FORD SALES
5035538
10/07/2019
cover 332
100-22-5370
14.25
BUSS FORD SALES
5035571
10/07/2019
coolant parts 321
100-22-5370
168A2
BUSS FORD SALES
5035659
10/07/2019
switch 320
100-22-5370
69,94
BUSS FORD SALES
5035687
10/07/2019
tank strap 330
100-22-5370
38,40
BUSS FORD SALES
5035673
10/08/2019
strap 330
100-22-5370
38.40
Vendor BUSS FORD SALES Total:
544.68
Vendor: CABAY & COMPANY INC
CABAY & COMPANY INC
61511
10/07/2019
custodial and gym supplies
400-00-6111
23138
10/2/2019 11:49:09 AM
Expense Approval Register
Packet: APPKTO162S-10-7-19
RECT INVOICE
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
CABAY & COMPANY INC
61511
10/07/2019
custodial and gym supplies
400-40-6110
304.50
CABAY & COMPANY INC
61564
10/07/2019
floor scubber repair
100-33-5115
279.00
Vendor CABAY & COMPANY INC Total:
814.88
Vendor: COW GOVERNMENT
INC
CDW GOVERNMENT INC
TQM9266
10/07/2019
DYMO RHINO CASE KIT
620-00-6270
150.81
CDW GOVERNMENT INC
TSB4086
10/07/2019
CRUCIAL NON-ECC SODIMM
620-00-6270
41.56
Vendor CDW GOVERNMENT INC Total:
192.37
Vendor: COMCAST CABLE
COMCAST CABLE
6201920139
10/07/2019
MONTHLY INVOICE
620-00-5110
38.54
COMCASTCABLE
6201920140
10/07/2019
MONTHLY INVOICE
620-00-5110
164.85
COMCASTCABLE
6201920151
10/07/2019
MONTHLY INVOICE
620-00-5110
145.76
COMCASTCABLE
6201920152
10/07/2019
MONTHLY INVOICE
620-00-5110
140.82
Vendor COMCAST CABLE Total:
489.97
Vendor: CONNOR CO
CONNOR CO
S8722356.001
10/07/2019
MISC
100-03-6110
173.75
Vendor CONNOR CO Total:
173.75
Vendor: CONSERV FS
CONSERV FS
65082949
10/07/2019
Sportsfield Supplies
100-45-6110
257.25
Vendor CONSERV FS Total:
257.25
Vendor: CORKSCREW GYMNASTICS & SPORTS ACADEMY
CORKSCREW GYMNASTICS &
654
10/07/2019
Fall Invoice
100-47-5110
21240,00
CORKSCREW GYMNASTICS &
655
10/07/2019
Fall Invoice 655
100-47-5110
50.00
Vendor CORKSCREW GYMNASTICS & SPORTS ACADEMY Total:
21290.00
Vendor: CRESCENT ELECTRIC SUPPLY CO
CRESCENT ELECTRIC SUPPLY CO S506780790.004
10/07/2019
SWWTP-Transfer Switch
510-32-5375
941.17
CRESCENT ELECTRIC SUPPLY CO S506970554.001
10/07/2019
Junction box and B-Channel
510-32-5375
14.55
Vendor CRESCENT ELECTRIC SUPPLY CO Total:
955.72
Vendor: CRYSTAL LAKE PARK
DISTRICT
CRYSTAL LAKE PARK DISTRICT
274244
10/07/2019
Trip - Miracle Musical
100-46-5110
693.00
Vendor CRYSTAL LAKE PARK DISTRICT Total:
693.00
Vendor: CURRAN CONTRACTING
COMPANY
CURRAN CONTRACTING
17361
10/07/2019
45114 N50 surface. vendor
100-33-6110
634.13
CURRAN CONTRACTING
17361A
10/07/2019
45114 N50 surface. vendor
100-33-6110
83.22
CURRAN CONTRACTING
17361E
10/07/2019
45114 N50 surface. vendor
100-33-6110
379.14
CURRAN CONTRACTING
17416
10/07/2019
46464 commercial surface.
100-33-6110
141.51
CURRAN CONTRACTING
17416A
10/07/2019
46464 commercial surface.
100-33-6110
720.46
CURRAN CONTRACTING
17416B
10/07/2019
46464 commercial surface.
100-33-6110
413.41
CURRAN CONTRACTING
17416C
10/07/2019
46464 commercial surface,
100-33-6110
699.54
CURRAN CONTRACTING
17416D
10/07/2019
43584 N50 binder. vendor
100-33-6110
556.31
CURRAN CONTRACTING
17423
10/07/2019
45084 N50 surface. vendor
100-33-6110
400.95
Vendor CURRAN CONTRACTING COMPANY Total:
4,028.67
Vendor: DIRECT FITNESS SOLUTIONS
DIRECT FITNESS SOLUTIONS
0547309-IN
10/07/2019
Treadmill repair
400-40-5375
115.00
Vendor DIRECT FITNESS SOLUTIONS Total:
115.00
Vendor: DOCUMENT IMAGING SERVICES, LLC
DOCUMENTIMAGING
1522
10/07/2019
TONER
620-00-6210
370.60
DOCUMENT IMAGING
1545
10/07/2019
TONER
620-00-6210
118.00
Vendor DOCUMENT
IMAGING SERVICES, LLC Total:
488.60
Vendor: DONS CLEANERS
DONS CLEANERS
100047
10/07/2019
CLEANING CLOTH
100-22-6210
20.00
Vendor DONS CLEANERS Total:
20.00
Vendor: FURST CONCRETE SOLUTIONS INC
FURST CONCRETE SOLUTIONS
1920218
10/07/2019
Fox Ridge Bathroom floor
100-41-5110
2,250.00
Vendor FURST
CONCRETE SOLUTIONS INC Total:
27250.00
Vendor: G & E GREENHOUSES
INC
G & E GREENHOUSES INC
174941
10/07/2019
Landscape Supplies
100-45-6110
723.00
10/2/2019 11:49:09 AM
Expense Approval Register
Packet: APPKTO1625-10-7.19
RECT INVOICE
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
G & E GREENHOUSES INC
174994
10/07/2019
Fall Plantings
100-45-6110
504.25
Vendor
G & E GREENHOUSES INC Total:
11227.25
Vendor: GALLS LLC
GALLS LLC
013489561
10/07/2019
LEAD TELECOM BADGES
100-23-6110
141.42
GALLS LLC
013518109
10/07/2019
UNIFORM ORDER -AALTO
100-22-4510
48.25
GALLS LLC
013660421
10/07/2019
UNIFORM ORDER - NAME
100-23-6110
26.60
GALLS LLC
013674864
10/07/2019
UNIFORM ORDER- LEIBACH
100-23-4510
345.73
GALLS LLC
013698729
10/07/2019
UNIFORM ORDER- NEW HIRE
100-23-6110
17.06
GALLS LLC
013707052
10/07/2019
UNIFORM ORDER - P. PRATHER
100-22-4510
118.60
GALLS LLC
013713908
10/07/2019
UNIFORMORDER- GALLAGHER
100-23-4510
201.71
GALLS LLC
013725155
10/07/2019
NEW HIRE UNIFORMS
100-22-6110
251.24
GALLS LLC
013728306
10/07/2019
UNIFORM ORDER - VOELKER
100-22-4510
73.30
GALLS LLC
013736614
10/07/2019
UNIFORM ORDER- NOLAN
100-23-6110
274.92
GALLS LLC
013737207
10/07/2019
K9 UNIFORM-CONWAY
100-22-6310
403.56
GALLS LLC
013738466
10/07/2019
UNIFORM ORDER- RECENDIZ
100-23-6110
85.66
GALLS LLC
013748340
10/07/2019
UNIFORM ORDER
100-22-6110
80.80
GALLS LLC
013759888
10/07/2019
UNIFORM ORDER - NOLAN
100-23-6110
141.85
GALLS LLC
013798182
10/07/2019
UNIFORM ORDER - FITZGERALD
100-23-4510
80.36
GALLS LLC
013798184
10/07/2019
UNIFORM ORDER-
100-22-4510
131.60
GALLS LLC
013798186
10/07/2019
UNIFORM ORDER - CAREY
100-22-4510
75.41
GALLS LLC
13458207
10/07/2019
UNIFORMORDER-ZUMWALT
100-22-4510
27.99
GALLS LLC
013788282
09/30/2019
UNIFORM ORDER- BEIDELMAN
100-23-6110
49.40
Vendor GALLS LLC Total:
2,575.46
Vendor: GESKE AND SONS INC
GESKE AND SONS INC
52029
10/07/2019
HMA binder N50. vendor ticket
100-33-6110
492.73
GESKE AND SONS INC
52029A
10/07/2019
HMA binder N50. vendor ticket
100-33-6110
517.35
Vendor GESKE AND SONS INC Total:
1,010.08
Vendor: GLOBAL EQUIPMENT
COMPANY
GLOBAL EQUIPMENT
114935074
10/07/2019
Inv#114935074 - Green
510-31-6110
154.72
Vendor GLOBAL
EQUIPMENT COMPANY Total:
154.72
Vendor: GOLD MEDAL PRODUCTS
GOLD MEDAL PRODUCTS
360462
10/07/2019
Conc- Food
100-44-6110
331.00
Vendor
GOLD MEDAL PRODUCTS Total:
331.00
Vendor: GREEN DOOR PROMOTIONS LLC
GREEN DOOR PROMOTIONS
19-2039
10/07/2019
Camp - T-shirts
100-46-6110
176.40
GREEN DOOR PROMOTIONS
19-2040
10/07/2019
Camp - Staff shirts
100-46-6110
402.00
GREEN DOOR PROMOTIONS
19-2064
10/07/2019
Program - Babysitting Bags
100-46-6110
292.50
Vendor GREEN
DOOR PROMOTIONS LLC Total:
870.90
Vendor: HACH COMPANY
HACH COMPANY
11636764
10/07/2019
Manganesse Colormeter-
510-31-6110
674.04
HACH COMPANY
11644890
10/07/2019
Manganesse Colormeter-
510-31-6110
63.20
Vendor HACH COMPANYTotal:
737.24
Vendor: HAWKINS INC
HAWKINS INC
4579549
10/07/2019
Polymer for thickener
510-32-6110
1,496.00
HAWKINS INC
4580399
10/07/2019
Ferric Chloride
510-32-6110
41415,60
HAWKINS INC
4580407
10/07/2019
Actiflo chemicals
510-32-6110
61219.80
Vendor HAWKINS INC Total:
12,131.40
Vendor: HRGREEN
HRGREEN
129139
10/07/2019
Well 8 Rehab Consultation -
510-31-5110
180.00
Vendor HRGREEN Total:
180.00
Vendor: HYDRO INTERNATIONAL (WASTEWATER)
HYDRO INTERNATIONAL
SIN-001500
10/07/2019
SWWTP-MS#1Auger Bearings
510-32-5375
211.48
Vendor HYDRO INTERNATIONAL (WASTEWATER) Total:
211.48
Vendor: ILLINOIS DEPT OF AGRICULTURE
ILLINOIS DEPT OF
7NO02020
10/07/2019
RE -CERTIFICATION SCALE
100-22-5110
400.00
Vendor ILLINOIS
DEPT OF AGRICULTURE Total•
400.00
10/2/2019 11:49:09 AP1
Expense Approval Register
Packet: APPKT01625-10-749
RE CT INVOICE
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: IWPIPE TECHNOLOGY
COMPANY INC
IN -PIPE TECHNOLOGY
1592
10/07/2019
Monthly service fee
510-32-5110
71750.00
Vendor IN -PIPE TECHNOLOGY COMPANY INC Total:
71750.00
Vendor: INTERSTATE ALL BATTERY CENTER
INTERSTATE ALL BATTERY
1903701035713
10/07/2019
.75 GBT UPS Batteries
510-32-5375
145.10
Vendor INTERSTATE ALL BATTERY CENTER Total:
145.10
Vendor: INTERSTATE BILLING
SERVICE INC
INTERSTATE BILLING SERVICE
3015822552
10/07/2019
parts 412
100-33-5370
67,90
INTERSTATE BILLING SERVICE
3016482673
10/07/2019
403
100-33-5370
210,60
INTERSTATE BILLING SERVICE
3016482685
10/07/2019
402
100-33-5370
4.99
INTERSTATE BILLING SERVICE
3016642214
10/07/2019
tank mounts 416
100-33-5370
790.92
INTERSTATE BILLING SERVICE
3016693829
10/07/2019
402
100-33-5370
335,00
Vendor INTERSTATE BILLING SERVICE INC Total:
11409.41
Vendor: ISAWWA
ISAWWA
200046278
10/07/2019
Annual IEPA Regulatory Update 510-31-5430
80.00
Vendor ISAWWA Total:
80.00
Vendor: JG UNIFORMS INC
JG UNIFORMS INC
61049
10/07/2019
UNIFORM ORDER-
100-22-6110
85.00
JG UNIFORMS INC
61080
10/07/2019
BODYARMOR
100-22-6270
825.00
JG UNIFORMS INC
61082
10/07/2019
BODYARMOR
100-22-6270
825.00
JG UNIFORMS INC
61107
10/07/2019
UNIFORM ORDER - MORALES
100-22-4510
45.00
Vendor JG UNIFORMS INC Total:
11780.00
Vendor: KIMBALL MIDWEST
KIMBALLMIDWEST
7395550
10/07/2019
stock
100-33-6110
363,52
KIMBALL MIDWEST
7412750
10/07/2019
stock
100-33-6110
443485
KIMBALL MIDWEST
7428784
10/07/2019
stock
100-33-6110
264.82
Vendor KIMBALL MIDWEST Total:
11072.19
Vendor: KIRCHNER FIRE
KIRCHNER FIRE
48398
10/07/2019
fire extinguisher inspection
400-00-5110
97.50
KIRCHNER FIRE
48399
10/07/2019
FIRE EXTINGUISER CHECK
100-03-5120
671.00
Vendor KIRCHNER FIRE Total:
768.50
Vendor: LAFARGE NORTH AMERICA
LAFARGE NORTH AMERICA
710921958
10/07/2019
Shop Supplies
100-45-6110
204.94
LAFARGE NORTH AMERICA
710943783
10/07/2019
Shop Supplies
100-45-6110
470o53
LAFARGE NORTH AMERICA
711118961
10/07/2019
Shop Supplies
100-45-6110
98A5
LAFARGE NORTH AMERICA
711290358
10/07/2019
027 FM-2 Sand UTY
510-35-6110
57.52
LAFARGE NORTH AMERICA
711308034
10/07/2019
020 CM-16 Pea Gravel - STS
100-33-6110
56,70
LAFARGE NORTH AMERICA
711395960
10/07/2019
WashStone 167572923
510-35-6110
125.92
LAFARGE NORTH AMERICA
711437005
10/07/2019
020 CM-11 Wash Stone UTY
510-35-6110
126.24
LAFARGE NORTH AMERICA
711446185
10/07/2019
051 CM-6 Virgin Grade 9 UTY
510-35-6110
106,92
LAFARGE NORTH AMERICA
711479254
10/07/2019
020 CM-11 Wash Stone- UTY-
510-35-6110
111620
LAFARGE NORTH AMERICA
711479254A
10/07/2019
027 Sand - UTY-167575114
510-35-6110
7164
LAFARGE NORTH AMERICA
711479254B
10/07/2019
027 Sand - UTY-167575136
510-35-6110
62.56
LAFARGE NORTH AMERICA
711479255
10/07/2019
Masonry Sand - WW -
510-32-6110
105J1
LAFARGE NORTH AMERICA
711479256
10/07/2019
020 CM-11 Wash Stone - UTY
- 510-35-6110
126.08
LAFARGE NORTH AMERICA
711487990
10/07/2019
051 CM6-Virgin Grade STS
100-33-6110
181,44
LAFARGE NORTH AMERICA
711531984
10/07/2019
020 CM-11 Washstone - UTY -
510-35-6110
123,68
LAFARGE NORTH AMERICA
711531984A
10/07/2019
051 CM-6 Virgin Grade - UTY -
510-35-6110
191.70
LAFARGE NORTH AMERICA
711531984B
10/07/2019
051 CM-6 Virgin Grade - UTY -
510-35-6110
170.10
LAFARGE NORTH AMERICA
711531985
10/07/2019
051 CM-6 Virgin Grade - UTY -
510-35-6110
104.90
Vendor
LAFARGE NORTH AMERICA Total:
2,496.93
Vendor: LANG AUTO GROUP,
GARY
LANG AUTO GROUP, GARY
5040544
10/07/2019
KEY - G6
100-22-5370
26.62
LANG AUTO GROUP, GARY
5040887
10/07/2019
Mirror 319
100-22-5370
100,36
Vendor
LANG AUTO GROUP, GARY Total:
126.98
10/2/2019 11:49:09 AM
Expense Approval Register
Packet: APPKTO1625-10-749
RE Ci INVOICE
Vendor Name
Payable Number
Post Date
Description (Item) Account Number
Amount
Vendor: LOU'S GLOVES, INC
LOU'S GLOVES, INC
030641
10/07/2019
Gloves 510-32-6110
228.00
Vendor LOU'S GLOVES, INC Total:
228.00
Vendor: MADISON EATS FOOD
TOURS
MADISON EATS FOOD TOURS
20160629
10/07/2019
Trip - Madison Tour 100-46-5110
263.75
Vendor MADISON EATS FOOD TOURS Total:
263.75
Vendor: MCCANN INDUSTRIES
INC
MCCANN INDUSTRIES INC
P01879
10/07/2019
448 100-33-5370
56.84
Vendor MCCANN INDUSTRIES INC Total:
56.84
Vendor: MCGINTY BROS INC
MCGINTY BROS INC
203853
10/07/2019
Riverwalk Miller Point 100-45-5110
21160,00
Vendor MCGINTY BROS INC Total:
2,160.00
Vendor: MCHENRY POWER EQUIPMENT INC
MCHENRY POWER EQUIPMENT
338468
10/07/2019
Snowblower Parts 510-32-5375
183.51
Vendor MCHENRY POWER EQUIPMENT INCTotal:
183.51
Vendor: MEADE INC
MEADE INC
689501
10/07/2019
Traffic Light Locate #689501 100-33-5110
166.63
Vendor MEADE INCTotal:
166.63
Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC
MENDEZ LANDSCAPING &
6018
10/07/2019
Riverwalk Maintenance 100-45-5110
1,800.00
Vendor MENDEZ LANDSCAPING & BRICK PAVERS INCTotal:
1/800000
Vendor: METROPOLITAN INDUSTRIES
METROPOLITAN INDUSTRIES
INV9315
10/07/2019
Diamond Lift -Seal Fail Probes 510-32-5380
135.55
METROPOLITAN INDUSTRIES
INV9404
10/07/2019
Diamond Lift- Pump Rebuild 510-32-5380
3,633.90
Vendor METROPOLITAN INDUSTRIES Total:
3,769AS
Vendor: MID AMERICAN WATER
OF WAUCONDA INC
MID AMERICAN WATER OF
222391W
10/07/2019
PVC Tees 510-35-6110
12200
MID AMERICAN WATER OF
222473W
10/07/2019
15 inch ADS culvert pipe 100-33-6110
663.00
Vendor MID AMERICAN WATER OF WAUCONDA INCTotal:
785.00
Vendor: MIDWEST HOSE AND FITTINGS
INC
MIDWEST HOSE AND FITTINGS
M26762
10/07/2019
pressure hose shop 100-33-6115
94.99
MIDWEST HOSE AND FITTINGS
M26779
10/07/2019
453 100-33-5370
231.94
Vendor MIDWEST HOSE AND FITTINGS INCTotal:
326.93
Vendor: MIDWEST METER INC
MIDWEST METER INC
0115247-IN
10/07/2019
Inv# 0115247-IN 510-31-6110
21266,50
Vendor MIDWEST METER INC Total:
2,266.50
Vendor: MULCH CENTER, THE
MULCH CENTER, THE
84753
10/07/2019
Landscape Supplies 100-45-6110
420.00
Vendor MULCH CENTER, THE Total:
420.00
Vendor: NORTH EAST MULTI -REGIONAL TRAINING INC
NORTHEAST MULTI -REGIONAL
261226
10/07/2019
STAFF & COMMAND 100-22-5430
3/800600
Vendor NORTH EAST MULTI -REGIONAL TRAINING INCTotal:
3,800.00
Vendor: NORTHERN TOOL & EQUIPMENT
NORTHERN TOOL &
61286471
10/07/2019
Power inverter 510-35-6110
368.41
Vendor NORTHERN TOOL & EQUIPMENT Total:
368.41
Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC
NORTHWEST ELECTRICAL
17436285
10/07/2019
Electrical Supplies 100-45-6110
290.00
NORTHWEST ELECTRICAL
17436657
10/07/2019
Electrical Supplies 100-45-6110
65.00
Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total;
355.00
Vendor: OFFICIAL FINDERS LLC
OFFICIAL FINDERS LLC
9373
10/07/2019
Invoice 9373 100-47-5110
385.00
Vendor OFFICIAL FINDERS LLC Total:
385.00
Vendor: PETROCHOICE LLC
PETROCHOICE LLC
11031022
10/07/2019
FUEL BILL 100-03-6250
75.28
PETROCHOICE LLC
11036530
10/07/2019
FUEL BILL 100-03-6250
121.91
1D/2/2019 11:49:09 AM
Expense Approval Register
Packet: APPKT01625-10-7-19
RE CT INVOICE
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
PETROCHOICE LLC
11045157
10/07/2019
Fuel Bill
100-03-6250
170.29
PETROCHOICE LLC
11045160
10/07/2019
Fuel
100-45-6250
502.97
PETROCHOICE LLC
11050997
10/07/2019
FUEL BILL
100-03-6250
60.30
PETROCHOICE LLC
11051001
10/07/2019
Fuel
100-45-6250
31.05
PETROCHOICE LLC
11057417
10/07/2019
Fuel UTY 11057417
510-35-6250
553.92
PETROCHOICE LLC
11057431
10/07/2019
FUEL BILL
100-03-6250
69.07
PETROCHOICE LLC
11057432
10/07/2019
Fuel WW 11057432
510-32-6250
289.84
PETROCHOICE LLC
11057433
10/07/2019
Fuel WTR 11057433
510-31-6250
203.60
PETROCHOICE LLC
11057434
10/07/2019
Fuel
100-45-6250
11016.33
PETROCHOICE LLC
11057435
10/07/2019
Fuel STS 11057435
100-33-6250
698.85
PETROCHOICE LLC
11057436
10/07/2019
FUEL11057436
100-22-6250
1,076.95
PETROCHOICE LLC
11059320
10/07/2019
Hose reel shop
100-33-5115
587.00
PETROCHOICE LLC
11064757
10/07/2019
Fuel UTY 11064757
510-35-6250
246.96
PETROCHOICE LLC
11064775
10/07/2019
FUEL BILL
100-03-6250
43.53
PETROCHOICE LLC
11064776
10/07/2019
Fuel WW 11064776
510-32-6250
27.20
PETROCHOICE LLC
11064777
10/07/2019
Fuel WTR 11064777
510-31-6250
101.25
PETROCHOICE LLC
11064779
10/07/2019
Fuel STS 11064779
100-33-6250
591.54
PETROCHOICE LLC
11064780
10/07/2019
FUEL 11064780
100-22-6250
21316.67
PETROCHOICE LLC
11072687
10/07/2019
Fuel - UTY-11072687
510-35-6250
230.39
PETROCHOICE LLC
11072700
10/07/2019
FUEL BILL
100-03-6250
160.13
PETROCHOICE LLC
11072701
10/07/2019
Fuel - W W-11072701
510-32-6250
395.44
PETROCHOICE LLC
11072702
10/07/2019
Fuel - WTR-11072702
510-31-6250
202.48
PETROCHOICE LLC
11072703
10/07/2019
Fuel
100-45-6250
194.87
PETROCHOICE LLC
11072704
10/07/2019
Fuel - STS-11072704
100-33-6250
11084.08
PETROCHOICE LLC
11072705
10/07/2019
FUEL 11072705
100-22-6250
11874.52
PETROCHOICE LLC
11079883
10/07/2019
Fuel - UTY-11079883
510-35-6250
289.29
PETROCHOICE LLC
11079898
10/07/2019
Fuel - W W-11079898
510-32-6250
305.07
PETROCHOICE LLC
11079899
10/07/2019
Fuel - WTR-11079899
510-31-6250
199.34
PETROCHOICE LLC
11079901
10/07/2019
Fuel - STS-11079901
100-33-6250
884.21
PETROCHOICE LLC
11079902
10/07/2019
FUEL11079902
100-22-6250
11817,16
Vendor PETROCHOICE LLC Total:
16,421.49
Vendor: PETTIBONE & CO, P F
PETTIBONE & CO, P F
177484
10/07/2019
SGT BADGE/WALLET
100-22-6110
213.00
PETTIBONE & CO, P F
177485
10/07/2019
UNIFORM ORDER - MADER
100-22-4510
32.95
PETTIBONE & CO, P F
177532
10/07/2019
SERVICE BARS/PINS
100-22-6210
320.00
Vendor PETTIBONE & CO, P F Total:
565.95
Vendor: PITEL SEPTIC INC
PITEL SEPTIC INC
17528
10/07/2019
Portable toilet rentals
100-45-5110
675.00
Vendor PITEL SEPTIC INC Total:
675.00
Vendor: POLICE LEGAL SCIENCES
POLICE LEGAL SCIENCES
9163
10/07/2019
YEARLY SUBSCRIPTION
100-23-5110
21640.00
Vendor POLICE LEGAL SCIENCES Total:
2,640.00
Vendor: PRIORITY DISPATCH
PRIORITY DISPATCH
24197
10/07/2019
EMD COURSE - BARROWS
100-23-5430
550,00
Vendor PRIORITY DISPATCH Total:
550.00
Vendor: PROSHRED SECURITY
PROSHRED SECURITY
990044973
10/07/2019
MONTHLY SHRED
100-22-5110
53.00
Vendor PROSHRED SECURITY Total:
53.00
Vendor: QUALITY TIRE SERVICE
QUALITY TIRE SERVICE
55493
10/07/2019
635
510-32-5370
155.99
QUALITY TIRE SERVICE
55562
10/07/2019
405
100-33-5370
11009.26
Vendor QUALITY TIRE SERVICE Total:
1,165.25
Vendor: RADAR MAN INC
RADAR MAN INC
4394
10/07/2019
RADAR REPAIRS
100-22-6110
1,040.00
Vendor RADAR MAN INC Total:
11040.00
10/2/2019 11:49:09 AM
Expense Approval Register
Vendor Name Payable Number
Vendor: ROBINSON ENGINEERING LTD
ROBINSON ENGINEERING LTD 19090252
Vendor: ROCK'N' KIDS INC
ROCK'N' KIDS INC MCHF119
Vendor: SAFELITE FULFILLMENT INC
SAFELITE FULFILLMENT INC 342
Vendor: SCHOPEN PESTSOLUTIONS INC
SCHOPEN PEST SOLUTIONS INC 186080
SCHOPEN PESTSOLUTIONS INC 195043
Vendor: SHERWIN-WILLIAMS CO, THE
SHERWIN-WILLIAMS CO, THE 5256-5
Vendor: SUPER AGGREGATES
SUPERAGGREGATES 0055735
SUPERAGGREGATES 55504
SUPER AGGREGATES 55735
Vendor: TEXAS REFINERY CORP
TEXAS REFINERY CORP 183749
Vendor: TRAFFIC CONTROL CORPORATION
TRAFFIC CONTROL 102147
Vendor: ULTRA STROBE COMMUNICATIONS INC
ULTRA STROBE 076261
Vendor: US BANK EQUIPMENT FINANCE
US BANK EQUIPMENT FINANCE 395174436
Vendor: VERIZON WIRELESS
VERIZON WIRELESS 6201920167
Vendor: WATER PRODUCTS -AURORA
WATERPRODUCTS-AURORA 290817
WATERPRODUCTS-AURORA 291107
Vendor: WHOLESALE DIRECT INC
WHOLESALE DIRECT INC 241155
WHOLESALE DIRECT INC 241281
Vendor: WINTER EQUIPMENT
WINTER EQUIPMENT IV41872
Vendor: WOODWARD PRINTING SERVICES
WOODWARD PRINTING 2677011
Packet: APPKTO1625-10-749
RE CT INVOICE
Past Date Description
(Item)
Account Number
Amount
10/07/2019 Millstream Lift-Alterantives 510-32-8500 240.00
Vendor ROBINSON ENGINEERING LTD Total: 240.00
10/07/2019
Cont-Tot/Kid Rock 100-46-5110
294.00
Vendor ROCK'N' KIDS INC Total:
294.00
10/07/2019
WINDSHIELD REPAIR 100-22-5370
256.98
Vendor SAFELITE FULFILLMENT INC Total:
256.98
10/07/2019
PEST CONTROL 100-03-5120
162.00
10/07/2019
Pest Control 100-45-5110
107.00
Vendor SCHOPEN PEST SOLUTIONS INC Total:
269.00
SO/07/2019
Paint Supplies 100-45-6110
48.13
Vendor SHERWIN-WILLIAMS CO, THE Total:
48.13
10/07/2019
see below. vendor ticket # 100-33-6110
200.00
10/07/2019
dump,mixed cln fill. vendor 100-33-6110
70.00
10/07/2019
mixed cln fill 10cy. vendor 100-33-6110
200.00
Vendor SUPER AGGREGATES Total:
470.00
10/07/2019
grease shop 100-33-5370
435.00
Vendor TEXAS REFINERY CORP Total:
435.00
10/07/2019
water on pavement signs 100-33-6110
765.90
Vendor TRAFFIC CONTROL CORPORATION Total:
765.90
10/07/2019
LIGHTBAR REPAIR 317 100-22-5370
84.95
Vendor ULTRA STROBE COMMUNICATIONS INC Total:
84.95
10/07/2019
RICOH COPIER STATEMENT 620-00-6210
397.72
Vendor US BANK EQUIPMENT FINANCE Total:
397.72
10/07/2019
MONTHLY STATEMENT 620-00-5320
21200.27
Vendor VERIZON WIRELESS Total:
2,200.27
10/07/2019
Clamps, Brass, 4" water main 510-35-6110
21102.01
10/07/2019
10" Valve, Hymax fittings 510-35-6110
21434.55
Vendor WATER PRODUCTS - AURORA Total:
41536.56
10/07/2019
lens415 100-33-5370
160.68
10/07/2019
risers410 100-33-5370
380.10
Vendor WHOLESALE DIRECT INC Total:
540.78
10/07/2019 plow blades 100-33-5370 6,045.98
Vendor WINTER EQUIPMENTTotal: 6,045.98
10/07/2019 Brochure -Fall Printing 100-41-5330 31275.00
Vendor WOODWARD PRINTING SERVICES Total: 3,275.00
Grand Total: 129,734.42
10/2/2019 11:49:09 AM
Expense Approval Register
Packet: APPKTO1625-10-749 RECT INVOICE
Fund Summary
Fund
100 - GENERAL FUND
400 - RECREATION CENTER FUND
510- WATER/SEWER FUND
620 - INFORMATION TECHNOLOGY FUND
Grand Total:
Expense Amount
71,055.97
2,828.38
4%750.04
6/100403
12%734A2
NCART 01 THE FOX RIVE
Derik Morefield, City Administrator
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-2119
dmorefield@ci.mchenry.il.us
REGULARAGENDAIIEIVI
DATE: October 7, 2019
T0: City Council
FROM: Wayne Jett, Mayor
Derik Morefield, City Administrator
RE: Consideration of the issuance of a Class B (Table Service) Liquor License to Don's
Subs, LLC, 323 Front Street and, if approved, the adoption of an Ordinance
increasing the number of Class B Liquor Licenses from 17 to 18; and
If a Class B Liquor License is approved, consideration of the issuance of a Video
Gaming License,
ATT: City of McHenry Application for Liquor License
City of McHenry Video Gaming License Application
Sample Menu Items
AGENDA ITEM SUMMARY:
Council is being asked to consider the issuance of a Class B (Table Service) Liquor License to Don's
Subs, LLC dba Don's Subs which will be located at 323 Front Street (Fountain Shoppes) in
McHenry. The business is also seeking approval of a Video Gaming License. As Council is aware,
earlier this year, a separate approval process was implemented for Video Gaming Licensing. This
provides the opportunity for Council to consider liquor license and video gaming approval as
separate items. Therefore, two items (6A and 613) are before Council for consideration on
October 7th. Council may choose to approve or deny the issuance of a liquor license and then, if
liquor license approval is granted, consider the issuance of a video gaming license.
Representatives from Don's Subs will be in attendance to answer questions.
BACKGROUND/ANALYSIS:
Don's Submarines was a successful business on Green Street in McHenry for many years during
the 1970 and 1980s, operated by the Folz Family. This same family is now seeking to open Don's
Subs as a legacy to the original business.
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner.
Mayor Jett, City Administrator Morefield, and Deputy City Clerk Monte Johnson met with Don's
Son, Ron Folz, last week to discuss the business concept, provide notification regarding the liquor
license and video gaming approval process, and identify the video gaming guidelines regarding
signage, partitioning and video monitoring. Mr. Folz acknowledged understanding of this process
and information. The business agent for Don's Subs, Cary Kern, has been fingerprinted and a
background check successfully completed.
As identified in the below, should Council choose to approve video gaming, the execution of a
Development Agreement Regarding Video Gaming will be a condition of the approval.
The following motions are therefore provided for City Council consideration:
Item 6A —Motion to approve or deny the issuance of a Class B Liquor License to Don's Subs,
located at 323 Front Street, McHenry and, if approved, the adoption of an Ordinance increasing
the number of Class B Liquor Licenses from 17 to 18.
Item 6B —Motion to approve or deny the issuance of a Video Gaming License to Don's Subs,
located at 323 Front Street, McHenry, conditioned upon the execution of a Development
Agreement Regarding Video Gaming between the City of McHenry and Don's Subs.
License # VG-
# Terminals:
Terminal Fee:
Terminal Operator
Fee:
Date:
Check:
Cash:
City of McHenry
Video Gaming License Application
Annual License Term May 15Y through April 30th
Attach Copy of Valid Illinois Gaming Board license to Application
Annual license fee payable to the city for a licensed private business shall be $1000 for each
video gaming establishment and $1000 for each video gaming terminal. Fees for non -for -profit
establishments shall be $250 for the annual video gaming establishment and $250 for each video
gaming terminal. The applicant shall obtain a state license and exhibit proof of said license.
1. Applicant's Corporate N
2. Business Street Address:
3. Business Telephone Number: ��� L D 00 Email Address:
�- Cam✓`.
4. Number of Video Gaming Terminals to be operated: (maximum 5)
5. Name, business address, telephone number, and eWil address for your Termi'r�aI
Operator: �b i�i-S S u !BD S 3Q3 ry' O Y TI 94- W C-IrvA'Z ls-Db
6. Have you ma�e,�lication for a similar license for premises other than described in this
location? If so, provide date, location of premises and disposition of application
7. Has any license previously issued to you by State, Federal, or local authorities been revoked?
N o_� Yes
If you answered yes, state reasons and date of revocations)
The undersigne affi ms th s ments contained in this application are true and correct.
Signed: Title: )CPs t ge'O'tiT,
Print Name: a b�
Rev:2/2017
Return to: mjohnson@cifiyofmchenry.org
rn�
. a..0
I l�o
R A COMaO lTE.EE CN�1 i EIONl1
i ON ErEC1ALE
EANOINWom
HALF
WHOLE
LAUNCHER
$
5.49
$
9.49
TORPEDO
$
SA9
$
7.47
GONDOLA
$
5.49
$
9.49
PICKLE SANDWICH
$
5485
$
9429
BEEF & CHEESE
$
4,95
$
9*29
HAM
$
4.95
$
9429
BOOLGNA
$
4.95
$
9.29
SALAMI
$
4.95
$
9.29
MORTADELLA
$
4.95
$
919
CHICKEN
$
4,95
$
9.29
VEGGIE
$
195
$
7,49
CHEESE SANDWICH
$
4.95
$
8.75
BELLY BUSTER
$
6,49
$
1019
TURKEY & HAM
$
6A9
$
10,29
CORN BEEF COLD
$
6.49
$
10,29
PATRAMI COLD
$
6.49
$
10,29
NOT OON
CHICAGO DOG
$
4.SO
CHILI DOG
$
5685
CHEESE DOG
$
5185
DONS DOG CUT UP W CHEESE
$
3JS
DOUBLE DOG
$
5.85
FATTY DOG
$
6.50
COOKIES
1.75
CAKES
4.25
CHEESECAKE
4,25
BROWNIES
2175
RICE KRISPIE TREAT
2.75
EEA aYAEp
ON"
SODA& fIAVCMWATER
$
L25
WATER REGULAR
$
115
SPORTSDRINKS
$
LSO
GOODIE SHAKE -YOUR CHOICE
$
4.75
YMSTT ALL $ 1.75
DONO suss PLUS MENU
HAM BOLOGNA SALAMI
A N►ELLr I s sows
him
MEATBALL
$
5.49
PASTRAMI & CORNBEEF
$
9,49
PASTRAMI
$
7.49
PEPPER & EGG
$
5,49
HAM & CHEESE
$
4,50
BLED CHEESE
$
4.50
TURKEY MELT
$
5.49
RAUAN BEEF
$
5.79
SAUSAGE & BEEF
$
5.79
TUNAMELT
$
SA9
OR TUNA
s.so
5.50
DLTEAE uCN
$ o.7s
CHEESE
PEPPERS
GARDINAIRE
ll;1OE
PIlIA
HOTDOG & SIDE
PBJti
$ 2,50
GRILLED CHEESE OR HAM
$ 2,50
CHEESE DOG
$ 2,75
NACHD &CHEESE
is
4.79
NACHOSSUPREME
$
6.79
CO*AFOOT FOOD
SOUPS
$
3.95
CHID
$
3.95
1 of 7
CITY OF MCHENRY
APPLICATION FOR LIQUOR LICENSE
This section to
License Number:
be .••„
Fee Received:
License Issue Date:
License Effective Date:
Date Fee Received:
Date Receipt Issued:
Payment Type: (Cash, Cashiers
Check Certified Check
Check Number:
Notice: All Liquor License Applications are to be filed with the Office of the Mayor.
All licenses expire on April 30th following the date of issuance.
ALL SECTIONS OF THIS APPLICATION MUST BE FILLED OUT TRUTHFULLY AND IN THEIR ENTIRITY.
IF A SECTION DOES NOT APPLY TO YOU MARK "NIA".
ALL REQUIRED ATTACHMENTS MUST BE SUBMITTED WITH THIS APPLICATION.
Date of Application: -- — License Type: (Class A, Class B. Class C, Class D, Class' )
Catering Endorse me r(Ye /-No) New License or Transfer of License (select one) C L o0
SectionApplicant
Name ofBusiness Address Telephone
'S S 3a•3 r C
Section3: Business Type
Type of Business: (Select One: Club, Sole Proprietor, Partnership, LLC or Corporation)
LLic"
Attached Business Filing with State SK
Principal Type of Business:, (Identify One: Bar, restaurant, retail store, hotel restaurant, gas
station, gaming parlor, etc.)
Do you intend to apply for gaming machines through the State of Illinois? (Yes or No)
List State of filing for LLC, Corporation, Partnership and Sole Proprietor: S L)
How long has the sole proprietor, Club, Partnership, Corporation or LLC been in the business of N J�
selling alcohol? (List Date) ,
Section 4: Zoning
-What Zoning Classification is business property? (Select One:
Section 5: Business Location History
Date on which the buslness opened or will open at the above Business Location:
Is the
property at which the applicant business is located owned or leased by the applicant?
if Leased please list owner Information below.
Person or Business Name: S
Address;
Q� T G 1Z Ce
Phone &Email:
A copy of the property lease agreement must be attached to this application. Please mark N/A orAtta ed "
If property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial
owners and percentage of interest. Please mark N/A or Attached
Is the location of applicant's business for which license is sought within one hundred feet of any church, school
/VZ)
(except institutions of higher education), hospital, funeral home, home for aged or indigent persons or for veterans
and their families or any military or naval station? (Yes or No)
How'man private property parking spaces are associated with the business location? (LIST NUMBER)
Section 6: Business Agent
List Agent: An Agent is the authorized representative of the Licensee who has supervisory authority over employees of the
license premises. An agent may be an owner, partner, member, or designated manager.
Full Name DOB Home Address Citizenship If Naturalized:
Birth or List date & place of
of Naturalization naturalization
Q
Page 2 of 7
1—Section 7: Business 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? (Yes or No) 7777
If Yes, list information below.
Name of Person
Name of associated
corporation, LLC or partnership
DBA Name
Address
v✓I 4 J
CVJS S
3 d3 o/v
boo
Section 8a Business Licensing and Filling Identification
Illinois State Liquor License Number
Applicant's Retailer's Occupational tax (ROT) Registration Number
Has applicant been delinquent in the payment of the Retailer's Occupational
Tax (Sales Tax)? (Yes or No)
If you answered "Yes" above provide a reason otherwise mark N/A.
Section 9: Insurance
List the name and address of dram shop insurance company along with the policy number(s) for both the applicantbusiness
and the owner of the building in which the alcoholic liquor will be sold for the duration of the license.
Name:
Address:
Policy Number
QuestionnaireSection 10: Background
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 ou 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 or No)
Will, you maintain the entire premises in a safe, clean and sanitary manner free from conditions, which might
cause accidents? (Yes or 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 or 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 or 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? (Yes or No)
m I
If ' Yes" provide the name of the applicant and a description of the violation
Name
Description: include date and location
Have any of the applicants, including all listed agents and partners who have a minimum of a 5% ownership in
the business been convicted of a felony or misdemeanor? (Yes or No)
r
If "Yes" provide the name of the applicant and a description of the violation
Name
Description: include date and location
Pa e3of7
Section1 • •: Background Questionnaire
ll you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor?
s or No)
FFHas
any owner(s) or members) of a Partnership been issued a federal gaming devise stamp or a federalgering stamp by thefederal governmentfor the current tax period? If a Corporation, has any officer,nager, 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? (Yes or No)
7 V
If "Yes" provide name(s), date(s) and location
Name
Date and Location of Issuance
[Have you, or any partner, or owner of S% or more shares of the business or Agent, ever had a liquor license
revoked or suspended? (Yes or No)
f
If "Yes" provide name(s), date(s) and location
Name
Date and Location of Offense
Is any individual who is directly or indirectly interested in applicant's place of business, a law -enforcing ofwcial or
elected public official (mayor, alderman, and member of any City commission, committee or board)? (Yes or No)
If "Yes" provide the name of the individual and there address and telephone.
Name
Address and Telephone
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)? (Yes or Na)
If "Yes" provide the name of the individual and the date/location of the offense.
Name
Date and Location of Offense
Panes d of 7
Section
A List of all owners, partners, stock holders and members must be listed below.
Name % i2ti
DOB'
Address
Phone
Percentage of Ownership i OU - 'kyo
Citizenship (Birth or Naturalization)
If Naturalized: List time & place of naturalization
Employment History for Last 10 Years
Employer
Occupation
Address L
Dates
W tsvip
50 c; Frari tj I L \JjU L. 84" P-;-t
—
�
�s1u
—1 J2C7
a loZ l a
-C a�
_ v - c
rarvif.0 oerril El
Name
DOB
Address
Phone
Percentage of Ownership
Citizenship (Birth or Naturalization)
If Naturalized: List time & place of naturalization
Employment History for Last 10 Years
Employer
Occupation
Address
Dates
lhelvW
Name
DOB
Address
Phone
Percentage of Ownership
Citizenship (Birth or Naturalization)
If Naturalized: List time & place of naturalization
Employment History for Last
10 Years
Employer
Occupation
Address
Dates
Panes 5 of 7
404
Name
of naturalization
DOB
Address
Phone
Percentage of Ownership
Citizenship
(Birth or Naturalization)
If Naturalized* List time & place
Employment History for Last
10 Years
Employer
Occupation
Address
Dates
Name
of naturalization
DOB'
Address
Phone
Percentage of Ownership
Citizenship (Birth or Naturalization)
If Naturalized: List time& place
Employment History for Last
10 Years
Employer.
Occupation
Address
Dates
Name
of naturalization
DOB
Address
Phone
Percentage of Ownership
Citizenship
(Birth or Naturalization)
If Naturalized: List time place
Employment History for Last
10 Years
Employer
Occupation
Address
Dates
7of7
Name
of naturalization
DOB<'
Address
Phone
Percentage of Ownership,
Citizenship
(Birth or Naturalization)
If Naturalized: List time &place
Employment History for Last
10 Years
Employer
Occupation
Address
Dates
Business Dram Sho Insurance
Property Dram Shop Insurance If Applicable)
Business Filing Paperwork with State: Club Sole Pro rietor Partnership,LLC or Corporation
State Liquor License'
Building Lease Agreement
if Applicable)
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.
SOLE PROPRIETOR:
Signature of Applicant
Print Name
PARTNERSHIP:
(Authorized Agent of the Partnership)
Signature
Print Name
AGENT: (Must be signed by agent also if agent is not a owner)
Signature of Local Manager
Print Name
r iR INTERNAL DEPARTMENT ALREVENUEESERVICE
RY.
CINCINNATI OH 45999-0023
DONS SUBS LLC
DONS SUBS
k CARY M KERN SOLE MR
6605 GALWAY DR
MCHENRY, IL 60050
Thank you
EIN 84-2749032.
documents, ever,
records.
Date of this notice:: OS-16-2019
Employer Identification Number:
84-2749032
Foxm: SS-4
NurrJ�er of this notice: i'P 575 A
Fox assistance yora may call us at:
1-800-829-4933
IF XOU WRITE, ATTACH THE
STUB AT THE END OF THIS NOTICE.
WE ASSIGir'ED YOU AN EMPLOXER IDENTIFICATION NUMBER
far applying for an Employer Identification Number (EIN). We assigned you
This EIN will identify you, your business accounts, tax returns, and
if you have no employees. Please keep this notice in your permanent
When filing tax documents, payments, and related correspondence, it is very important
that you use your EIN and complete name and address exactly as shown above. P.ny variatiot:
may cause a delay in processing, result in incorrect information in your account, or even
cause you to be assigned more than one FIN. If the information is not correct as shown
above, please make the correction using the attached tear off stub and return it to us.
Based on the information received from you or your representative, you must file
t:.he following forms) by the dates) shown.
t'ortn 941
Form 940
l,i 31/2;;2
ulj �1 (202'
Your Form 11C and/er 730 becomes due the ::loner after .j.Ur wr.;cerinq
?i you have questions about. the form(s) or the due rate(s) shcFr:., you ca-_-, cai.3.
the r;hone number or write to us at tine address s .awn a. :.`: to^ Ji this ::atice. If ••ou
r
need help in determining your annual accounting r_?Priod `rax sear; , see PLCall.:.
Accountina Periods and .Methods.
We assigned you a tax .�lasS_fi^�tiG:.
rep7'E'.Senl:eltlVE?. It is not a legal 7I `.'7tir" tbf. cl2i5s'.-=Cdi.:_._•_^., an is nc`
binding on the IF.S. If ycu wait :� 1ey-ai determi::;,ticr� of you_' tar: cl�ss�.iCa' _o.-:, _ r,-.=:•
request a private letter ruling from the 1RS i;nder the gl:_3eli :es ._.
2004-1., 2009-1 I.R.B. 1 (or supersedinc,evenue zroc.<.liurr`. f the year ar issue:. "•:>+.r:
Certain tax classification elections :an � re"aluesteci u,� f_ii, F'c . °83; ,-;ntirr
l:lassification Election. See Form 881.4 and i.`.s insti:.cti .s for a<• itior.=:_ information.
If ;rou are required to deposit for employment. taxes tFc�E„s 9411 9431 59�., )44, 995,
C'I'-1, or 10421, excise taxes (Fors: 720), •-:r incor:ip taxes !FC_:Fi 11.20), yo;: wi:1 reCeje a
Welcatne Package .:>hortly, w}liC)'t ircl�des-str:ciio::s .. � i.'�=:i;..,• yc',a-' ..�.pa�` _.
electronically through the Electronic Fedea:al Tar. Fayrr:enr Syster., (EF_-S) . Pe sor.: .
identification Number (PIN) for EFTPS will also be sent t•c you under separate cover.
:,lease activate the PIN once you receive it, even if you hale reciaested :.he serve ccs a
tax professional or representative. For more information a�')nut EFTPS, refer to
Publication 966, Electronic Choices to Paj• All Your Federal Taxc,'s. rf �cu need Tn
make a deposit immediately, you will need to make arrangements with your, Financial
lnsti.tuti.on to complete a wire transfer.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
REGULAR AGENDA SUPPLEMENT
TO: Mayor and City Council
FOR: October 7, 2019 Regular City Council Meeting
FROM: Douglas Martin, Director of Economic Development
Chief John Birl<
RE: Amendments to Municipal Code pertaining to Public Use of Cannabis; Municipal
Cannabis Retailers' Occupation tax and Signs and Text Amendments to the
Zoning Ordinance to Article III General District Regulations, Article V Commercial
Districts, Article VI Office, Industrial, Business Park, Agricultural and Mining
Overlay and Health Care Districts, Article VII Off -Street Parking and Loading and
Article XIX Definitions pertaining to Adult Use Cannabis
1. Unapproved Planning and Zoning Commission Minutes dated September 24, 2019
2. An Ordinance amending Chapter 23 Taxation of the City of McHenry Municipal Code
Municipal Cannabis Retailers' Occupation Tax
3. An Ordinance amending Chapter 14 Drug Paraphernalia; Possession of Cannabis
4. An Ordinance approving text Amendments to the Zoning Ordinance to Article III General
District Regulations, Article V Commercial Districts, Article VI Office, Industrial, Business
Park, Agricultural and Mining Overlay and Health Care Districts, Article VII Off -Street
Parking and Loading and Article XIX Definitions pertaining to Adult Use Cannabis
AGENDA ITEM SUMMARY:
Attached are Amendments to the Municipal Code pertaining to Public Use of Cannabis; Municipal
Cannabis Retailers' Occupation tax and Text Amendments to the Zoning Ordinance to Article III
General District Regulations, Article V Commercial Districts, Article VI Office, Industrial, Business
Park, Agricultural and Mining Overlay and Health Care Districts, Article VII Off -Street Parking and
Loading and Article XIX Definitions pertaining to Adult Use Cannabis.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
BACKGROUND:
During the last legislative session of the Illinois General Assembly House Bill 1438 (Cannabis
Regulation and Tax Act) was passed, legalizing the recreational use of Cannabis in Illinois. Since
this passage the Governor signed the bill into law, which takes effect on January 15t, 2020.
Imbedded in the preamble of the Act the State makes a clear statement advising that the
regulation of recreational cannabis is a state matter preempting home rule bodies of government
such as McHenry from instituting local ordinances that are stricter. The Act does however offer
each municipal body of government the opportunity to either prohibit or restrict cannabis
businesses with their community. The City Council discussed this topic at their September 3,
M19 meeting. The consensus of the Council was to allow one or two dispensaries in town.
Security, signage, location and zoning were primary focuses of the Council.
ANALYSIS:
Staff prepared an ordinance which would allow adult -use cannabis dispensaries as conditional
uses in I-1, BP and C-5 with location restrictions from other dispensaries (required by law) and
1,000 feet from schools. On -site consumption is prohibited and a maximum of two is permitted
in the City. A signage plan is required with each conditional use permit. Additionally, adult -use
cannabis dispensaries are prohibited north of McCullom Lake Road in the City's major
commercial shopping corridor.
Also attached is an ordinance amending Chapter 14 Drug Paraphernalia; Possession of Cannabis
of the Municipal Code and an ordinance amending Chapter 23 Taxation of the City of McHenry
Municipal Code Municipal Cannabis Retailers' Occupation Tax which imposes a tax upon all
persons engaged in the business of selling cannabis, other than cannabis purchased under the
Compassionate Use of Medical Cannabis Pilot Program Act, at retail in the City at the rate of three
percent (3%) of the gross receipts from these sales made in the course of that business. The
Smoke Free Act applies to cannabis however if the City Council wants to prohibit cannabis in
public places another ordinance will be required to be adopted and approved at a later date.
PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission unanimously recommended approval (6-0) of text
amendments to the City of McHenry Zoning Ordinance including but not limited to: Article III
General District Regulations, Article V Commercial Districts, Article VI Office, Industrial, Business
Park, Agricultural and Mining Overlay and Health Care Districts, Article VII Off -Street Parking and
Loading, Article XIX Definitions of the City of McHenry Zoning Ordinance and Chapter 7.50 Signs
of the City of McHenry Municipal Code pertaining to Adult -Use Cannabis.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
Chief Birl<testified at the Planning and Zoning Commission meeting regarding his concerns about
having adult -use cannabis businesses north of McCullom Lake Road, in the major shopping
district of the City.
RECOMMENDATION:
Therefore, if the City Council concurs, it is recommended that a motion be made to adopt the
following:
• An Ordinance amending Chapter 23 Taxation of the City of McHenry Municipal Code
Municipal Cannabis Retailers' Occupation Tax;
• An Ordinance amending Chapter 14 Drug Paraphernalia; Possession of Cannabis;
• An Ordinance approving text amendments to the City of McHenry Zoning Ordinance
including but not limited to Article III General District Regulations, Article V Commercial
Districts, Article VI Office, Industrial, Business Park, Agricultural and Mining Overlay and
Health Care Districts, Article VII Off -Street Parking and Loading, Article XIX Definitions
of the City of McHenry Zoning Ordinance and Chapter 7.50 Signs of the City of McHenry
Municipal Code pertaining to Adult -Use.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
Unapproved Planning and Zoning Commission Meeting Minutes dated September 24, 2019
Public Hearing: City of McHenry
File No. Z-956
Text amendment to the City of McHenry Zoning Ordinance including but not limited to:
Article III General District Regulations, Article V Commercial Districts, Article VI Office,
Industrial, Business Park, Agricultural and Mining Overlay and Health Care Districts, Article VII
Off -Street Parking and Loading, Article XIX Definitions of the City of McHenry Zoning
Ordinance and Chapter 7.50 Signs of the City of McHenry Municipal Code pertaining to Adult -
Use Cannabis,
Chairman Strach called the Public Hearing to order at 7:34 p.m. regarding File No. Z-956 a request
for a Text amendment to the City of McHenry Zoning Ordinance including but not limited to:
Article III General District Regulations, Article V Commercial Districts, Article VI Office, Industrial,
Business Park, Agricultural and Mining Overlay and Health Care Districts, Article VII Off -Street
Parking and Loading, Article XIX Definitions of the City of McHenry Zoning Ordinance and Chapter
7.50 Signs of the City of McHenry Municipal Code pertaining to Adult -Use Cannabis.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
September 7, 2019s A Certificate of Publication is on file in the City Clerk's Office.
Director of Economic Development gave the Staff report stating during the last legislative session
of the Illinois General Assembly House Bill 1438 (Cannabis Regulation and Tax Act) was passed,
legalizing the recreational use of Cannabis in Illinois. Since this passage the Governor signed the
bill into law, which takes effect on January 1, 2020. Imbedded in the preamble of the Act the
State makes a clear statement advising that the regulation of recreational cannabis is a state
matter preempting home rule bodies of government such as McHenry from instituting local
ordinances that are stricter. The Act does however offer each municipal body of government the
opportunity to either prohibit or restrict cannabis businesses within their community. The City
Council discussed this topic at their September 3, 2019 meeting. The consensus of the Council
was to allow one or two dispensaries in town. Security, signage, location and zoning were
primary focuses of the Council.
Staff prepared an ordinance which would allow adult -use cannabis dispensaries as conditional
uses in I-1, BP and C-5 zoning districts with location restrictions from other dispensaries (required
by law) and 1,000 feet from schools. On -site consumption is prohibited and a maximum of two
is permitted in the City. A signage plan is required with each conditional use permit.
NCART OF TNC FO% RIVlR
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
Over the course of JUIy and August Staff met as an informal committee multiple times to review
the law, collect information, and discuss the benefits, risks and concerns associated with cannabis
businesses in McHenry.
Director Martin reported information on what other McHenry County municipalities are doing
and the benefits, risks and concerns involved. There are currently no medical cannabis
dispensaries in McHenry County but several communities outside of McHenry County currently
have at least one medical cannabis dispensary located within their corporate limits.
He reported a municipality may "prohibit or significantly limit" the location of cannabis
businesses by ordinance. If a municipality chooses to permit cannabis businesses to locate and
operate within its borders, it may also enact reasonable zoning regulations that are not in conflict
with the Act. This authority would include permitting cannabis businesses to locate in certain
zoning districts but not others, and imposing generally applicable off-street parking
requirements.
Director Martin stated further, the Act explicitly authorizes municipalities to impose limits on the
"time, place, manner, and number" of cannabis business by requiring the businesses to obtain
conditional or special use permits. These limits must be reasonable and may not conflict with the
requirements of the Act. He explained that determining whether a local restriction conflicts with
the Act may be more difficult than the drafters anticipated. The licensing of cannabis businesses
and the requirements ensuring compliance were summarized.
Director Martin went over the draft ordinance being proposed and added he invited Chief Birk
specifically to give background on text in the ordinance which specifically prohibits any
dispensing organizations or similar business north of McCullom Lake Road, which is considered a
major shopping district of town.
Director Martin stated Staff recommends approval of text amendments to the City of McHenry
Zoning Ordinance including but not limited to: Article III General District Regulations, Article V
Commercial Districts, Article VI Office, Industrial, Business Park, Agricultural and Mining Overlay
and Health Care Districts, Article VII Off -Street Parking and Loading, Article XIX Definitions of the
City of McHenry Zoning Ordinance and Chapter 7.50 Signs of the City of McHenry Municipal Code
pertaining to Adult -Use Cannabis.
Chairman Strach asked Chief Birk to give background information on limiting locations north of
McCUllom Lake Road. Chief Birk stated the decision was made for consideration of public safety
as this type of establishment assesses specific risks in a major shopping district. Being filled with
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
family oriented types of businesses and located farthest from the Police Department which
would affect response times to incidents mitigates the overall risk to residents. Chief Birk further
stated City Council made it clear they want no more than a maximum of 2 dispensaries in town.
Chairman Strach asked if the state statute stipulates the 1000' distance rule from schools. Chief
Birk stated it does not.
Chairman Strach opened the floor to questions and comments from the Commissioners.
Commissioner Sobotta inquired if there is any limitation on the number of medical marijuana
facilities established in the City. Director Martin stated there is not.
Commissioner Doherty inquired on the status of a medical marijuana dispensary at 618 S. Route
31 which was given approval by the Commission in 2017 and whether stricter sign regulations
could be implemented. Director Martin stated the prior request for a medical dispensary was
withdrawn by the applicant and never went before City Council,
Chairman Strach stated any requests of this nature would need a conditional use permit and a
sign plan will need to be submitted and approved by Planning and Zoning. Chief Birk added a
consenting agreement will need to be signed by the applicant to verify the signage requirements
are met as well.
Clarification on the specific zoning areas of town that are C-5 (including Route 120 and South
Route 31), Business Park (BP) and 11 were discussed.
There were no attendees at the meetingto address the Commission in public comment regarding
this matter.
Motion by Lehman seconded by Walsh to recommend to the City Council with regard to File No.
Z-956, approval of text amendments to the City of McHenry Zoning Ordinance including but not
limited to: Article III General District Regulations, Article V Commercial Districts, Article VI Office,
Industrial, Business Park, Agricultural and Mining Overlay and Health Care Districts, Article VII
Off -Street Parking and Loading, Article XIX Definitions of the City of McHenry Zoning Ordinance
and Chapter 7.50 Signs of the City of McHenry Municipal Code pertaining to Adult -Use Cannabis,
Voting Aye: Doherty, Gurda, Lehman, Sobotta, Strach, and Walsh.
Voting Nay: None,
Not Voting: None.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
Abstaining: None.
Absent: Thacker.
Motion carried 6-0
Chairman Strach closed the Public Hearing regarding File No. Z-956 at 8:00 pm.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
AN ORDINANCE AMENDING CHAPTER 23 TAXATION OF THE
MUNICIPAL CODE OF THE CITY OF MCHENRY, ILLIIVOIS IMPOSING A
MUNICIPAL CANNABIS RETAILERS' OCCUPATION TAX
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions
as granted in the Constitution of the State of Illinois;
WHEREAS, the City of McHenry has the authority to adopt ordinances and to promulgate
rules and regulations that pertain to its government and affairs and that protect the public health,
safety and welfare of its citizens; and
WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Municipal
Cannabis Retailers' Occupation Tax Law, 65 ILCS 5/8-11-22; and
WHEREAS, this Ordinance is intended to impose the tax authorized by the Municipal
Cannabis Retailers' Occupation Tax Law providing for a municipal cannabis retailers' occupation
tax which will be collected by the Illinois Department of Revenue;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: The foregoing recitals are incorporated into this Ordinance as if fully set forth
in this section.
SECTION 2: That Chapter 23 Taxation of the City of McHenry Municipal Code is hereby
amended by adding thereto the following language:
"Article VII. Municipal Cannabis Retailers' Occupation Tax
Sec. 23-45 Municipal Cannabis Retailers' Occupation Tax
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
1. Tax imposed; Rate.
a.) A tax is hereby imposed upon all persons engaged in the business of selling cannabis,
other than cannabis purchased under the Compassionate Use of Medical Cannabis Pilot
Program Act, at retail in the City at the rate of three percent (3%) of the gross receipts
from these sales made in the course of that business.
b.) The imposition of this tax is in accordance with the provisions of Sections 8-11-22, of the
Illinois Municipal Code (65 ILCS 5/8-11-22).
2. Collection of tax by retailers.
a.) The tax imposed by this Section 23.45 shall by remitted by such retailer to the Illinois
Department of Revenue. Any tax required to be collected pursuant to or as authorized
by this Section 23-45 and any such tax collected by such retailer and required to be
remitted to the Illinois Department of Revenue shall constitute a debt owed by the
retailer to the State. A retailer may reimburse itself for its seller's tax liability hereunder
by separately stating that tax as an additional charge, which charge may be stated in
combination, in a single amount, with any State tax that a seller is required to collect.
b.) The taxes hereby imposed, and all civil penalties that may be assessed an incident thereto,
shall be collected and enforced by the Illinois Department of Revenue. The Illinois
Department of Revenue shall have full power to administer and enforce the provisions of
this Section 23.45."
SECTION 5: If any provision of this Ordinance, or the application of any provision ofthis
Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other
provisions of this Ordinance, or their application, that can be given effect without the
unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision,
or application of such provision, is severable, unless otherwise provided by this Ordinance.
SECTION 6: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 7: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
SECTION 8: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law; provided, however, that the tax
provided for herein shall take effect for all sale on or after the first day of January, 2020. A copy
partment of Revenue.
of this Ordinance shall be certified and sent to the Illinois De
PASSED THIS DAY OF
AYES:
NAYS:
2019
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS DAY OF 2019
MAYOR
ATTEST:
CITY CLERK
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
ORDINANCE NO. MC-19-
An Ordinance Amending City of McHenry Municipal Code Chapter 14 Offenses -
Miscellaneous Article IV. Drug Paraphernalia; Possession of Cannabis
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, AS FOLLOWS:
SECTION 1: That Chapter 14 Offenses -Miscellaneous Article IV Drug
Paraphernalia of the Municipal Code is hereby amended by deleting it in its
entirety:
And replacing it with the following language:
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
"ARTICLE IV.
DRUG PARAPHERNALIA
Sec. 14-75 Drug Paraphernalia. (MC-94-621) (MC-10-1011),
(MC-16-1139)
(A) DEFINITIONS. For purposes of this Section, drug paraphernalia is defined as in
720 ILLS 600/2(d), as amended, and includes, but is not limited to:
1. Kits used, intended for use or designed for use in planting, propagating,
cultivating, growing or harvesting of any species of plant which is a controlled
substance or from which a controlled substance can be derived;
2. Kits used, intended for use or designed for use in manufacturing, compounding,
converting, producing, processing or preparing controlled substance;
3. Isomerization devices used, intended for use or designed for use in increasing
the potency of any species of plant which is a controlled substance;
4. Testing equipment used, intended for use or signed for use in identifying, or in
analyzing the strength effectiveness or purity of controlled substances;
5. Scales and balances used, intended for use or designed for use in weighing or
measuring controlled sub stances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite,
dextrose Cl"d lactose, used, intended for use or designed for use in cutting
controlled substances;
7. Blenders, bowls, containers, spoons and mixing devices used, intended for use
or designed for use in compounding controlled substances;
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
8. Capsules, balloons, envelopes and other containers used, intended for use or
designed for use in packaging small quantities of controlled substances;
9. Containers and other objects used, intended for use or designed for use in
storing or concealing controlled substances,
10. Hypodermic syringes, needles and other objects used, or intended for use, in
parenterally injecting controlled substances into the human body;
11. Objects used, intended for use or designed for use in ingesting, inhaling or
otherwise introducing, controlled substances into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without
screens, permanent screens, hashish heads or punctured metal bowls;
b. Water pipes;
c. Carburization tubes and devices;
d. Smoking and carburization masks;
e. Chamber pipes;
f. Carburetor pipes;
g. Electric pipes;
h. Air -driven pipes;
i. Chillums; and
j. Ice pipes or chillers.
NC�RT 01 TNC FOX RIVCR
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
(BI In determining whether an object is drug paraphernalia, a court or other
authority should consider, in addition to all other logically relevant factors, the
following:
1. Statements by an owner or by anyone in control of the object concerning its
use;
2. Prior convictions, if any, of an owner, or of anyone in control of the object,
under any state or federal law relating to any controlled substances;
3. The proximity of the object, in time and space, to a direct violation of this
Section;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. Direct or circumstantial evidence of the intent of an owner, or of anyone in
control of the object, to deliver it to persons whom he knows, or should
reasonably know, intend to use the object to facilitate a violation of this Section;
the innocence of an owner, or of anyone in control of the object, as to a direct
violation of this Section, shall not prevent a finding that the object is intended for
use, or designed for use as drug paraphernalia;
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
11. Whether the owner, or anyone in control of the object, is a legitimate supplier
of like or related items to the community, such as a licensed distributor or dealer
of tobacco products;
12. Direct or circumstantial evidence of the ratio of sales of the objects) to the
total sales of the business enterprise;
13. The existence and scope of legitimate uses for the object in the community;
and
14. Expert testimony concerning its "use."
(C) POSSESSION PROHIBITED: It shall be unlawful for any person to knowingly
possess any drug paraphernalia as it relates to controlled substances, within the
corporate limits of the City.
(D) USE OF CANNABIS: Notwithstanding the foregoing, it shall not be unlawful for
any individual to possess drug paraphernalia consistent with the Recreational Use
of Cannabis Law Compassionate Use of Medical Cannabis Pilot Program Act (410
ILCS 130/1 et seq.), as amended. and the Cannabis Regulation and Tax Act (Act)
(E) VIOLATION; PENALTY: Whoever violates any provision of this Section 14-75
shall be fined not less than $100 and not more than $200 if the drug
paraphernalia is seized during a violation of Section 14-76, otherwise the fine
shall be not less than $200 nor more than $500. Each day that a violation
continues shall be considered a separate offense."
SECTION 5: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
NC�RT 0I TMC •O% RIVep
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
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
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
ATTEST:
CITY CLERK
DAY O F
DAY OF
MAYOR
2019
2019
NCART OI TMC IO% RIVCR
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
AN ORDINANCE AMENDING ARTICLE III GENERAL DISTRICT REGULATIONS,
ARTICLE V COMMERCIAL DISTRICTS, ARTICLE VI OFFICE, INDUSTRIAL, BUSINESS
PARK, AGRICULTURAL AND MINING OVERLAY AND HEALTH CARE DISTRICTS,
ARTICLE VII OFF-STREET PARKING AND LOADING, ARTICLE XIX DEFINITIONS OF
THE CITY OF MCHENRY ZONING ORDINANCE AND CHAPTER 7.50 SIGNS OF THE
CITY OF MCHENRY MUNICIPAL CODE PERTAININIG TO ADULT USE CANNABIS
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 Council of the City of McHenry has determined that is in the best
interest of the City to amend the current Zoning Ordinance and Municipal Code regulations
relating to adult -use cannabis; and
WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act (Act), which
pertains to the possession, use, cultivation, transportation and dispensing of adult -use cannabis,
which became effective June 25, 2019; and
WHEREAS, pursuant to the Act, the City may enact reasonable zoning ordinances or
resolutions not in conflict with the Act, regulating cannabis business establishments, including
rules adopted governing the time, place, manner and number of cannabis business
establishments, and minimum distance limitations between cannabis business establishments
and locations the City deems sensitive; and
WHEREAS, a petition has been filed by the City of McHenry requesting a Zoning Text
Amendment to the Zoning Ordinance as well as amendments to the City's Municipal Code; and
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
WHEREAS, a public hearing on said petition was held before the Planning and
Zoning Commission on September 24, 2019 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 Text Amendments;
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 Text Amendments are 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: The foregoing recitals are incorporated into this Ordinance as if fully set forth
in this section.
SECTION 2: It is the intent and purpose of this Section to provide regulations regarding
the cultivation, processing and dispensing of adult -use cannabis occurring within the corporate
limits of the City of McHenry. Such facilities shall comply with all regulations provided in the
Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time -to -time,
and regulations promulgated thereunder, and the regulations provided below. In the event that
the Act is amended, the more restrictive of the state or local regulations shall apply.
SECTION 3: That Article XIX Definitions of the City of McHenry Zoning Ordinance is hereby
amended by adding thereto the following language:
"ADULT -USE CANNABIS BUSINESS ESTABLISHMENT:
An adult -use cannabis cultivation center, craft grower, processing organization,
infuser organization, dispensing organization or transporting organization.
ADULT -USE CANNABIS DISPENSING ORGANIZATION:
A facility operated by an organization or business that is licensed by the Illinois
Department of Financial and Professional Regulation to acquire cannabis from licensed
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis -
infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to
qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation
and Tax Act, (P.A. 101-0027), as it may be amended from time -to -time, and regulations
promulgated thereunder.
ADULT -USE CANNABIS CRAFT GROWER:
A facility operated by an organization or business that is licensed by the Illinois
Department of Agriculture to cultivate, dry, cure and package cannabis and perform other
necessary activities to make cannabis available for sale at a dispensing organization or use at
a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may
be amended from time -to -time, and regulations promulgated thereunder.
ADULT -USE CANNABIS INFUSER ORGANIZATION OR INFUSER:
A facility operated by an organization or business that is licensed by the Illinois
Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a
product formulation to produce a cannabis -infused product, per the Cannabis Regulation and
Tax Act, (P.A. 101-0027), as it may be amended from time -to -time, and regulations
promulgated thereunder.
ADULT -USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR:
A facility operated by an organization or business that is licensed by the Illinois
Department of Agriculture to either extract constituent chemicals or compounds to produce
cannabis concentrate or incorporate cannabis or cannabis concentrate into a product
formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A.
101-0027), as it may be amended from time -to -time, and regulations promulgated
thereunder.
ADULT -USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER:
An organization or business that is licensed by the Illinois Department of Agriculture to
transport cannabis on behalf of a cannabis business establishment or a community college
licensed under the Community College Cannabis Vocational Training Pilot Program, per the
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time -to -time, and
regulations promulgated thereunder."
SECTION 4: Conditional Use: Adult -Use Cannabis Business Establishment facilities, as
defined herein, require approval of a conditional use permit in the respective districts in which
they are requested and shall be processed in accordance with Article XIV of the City's Zoning
Ordinance,
SECTION 5: That Article III General District Regulations is hereby amended by adding
thereto the following language:
"R: Adult -Use Cannabis Business Establishments
1. Intent and Purpose: It is the intent and purpose of this Section to protect the
health, safety, welfare and morals of the citizens of the City by regulating the
cultivation, processing and dispensing of adult -use cannabis occurring within the
City. Such facilities shall comply with all regulations provided in the Cannabis
Regulation and Tax Act (P.A. 101-0027), as it may be amended from time -to -time,
and regulations promulgated thereunder, and the regulations provided below. In
the event that the Cannabis Regulation and Tax Act is amended, the more
restrictive of the state or local regulations shall apply.
2. General Standards:
• The minimum distance between any Adult -Use Cannabis Dispensing Organization
and the property line of a pre-existing Adult -Use Cannabis Dispensing
Organization shall be one thousand five (1,500) feet.
• A Conditional Use Permit shall be required.
• The minimum distance between any Adult -Use Cannabis Dispensing Organization
and the property line of apre-existing public or private nursery school, preschool,
primary or secondary school shall be one thousand (1,000) feet. Learning centers
and vocational/trade centers shall not be classified as a public or private schools
for purposes of this Section.
• A maximum of two (2) Adult -Use Cannabis Dispensing Organizations shall be
permitted to be operating in the City at any one time.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
• At least 75% of the floor area of any space occupied by an Adult -Use Cannabis
Dispensing Organization shall be devoted to the activities of the Adult -Use
Cannabis Dispensing Organization as authorized by the Cannabis Regulation and
Tax Act.
• The City may approve the co -location of an Adult -Use Cannabis Dispensing
Organization with an Adult -Use Cannabis Craft Grower Center or an Adult -Use
Cannabis Infuser Organization, or both, subject to the provisions of the Cannabis
Regulation and Tax Act and the Conditional Use criteria within the City's Zoning
Ordinance. In a co -location the co -located establishments shall be the sole use of
the space.
• An Adult -Use Cannabis Business Establishment may not conduct any sales or
distribution of cannabis other than as authorized by the Cannabis Regulation and
Tax Act.
• On -site consumption at any Adult -Use Cannabis Dispensing Organization of
cannabis and/or any product containing cannabis is prohibited.
• A petitioner for a Conditional Use Permit for an Adult -Use Cannabis Business
Establishment shall file an affidavit with the City affirming compliance with all
requirements of the Cannabis Regulation and Tax Act.
SECTION 6: That the City of McHenry Police Chief testified at the public hearing on
September 24, 2019 about concerns pertaining to public safety, specifically with people
patronizing an Adult -Use Cannabis Dispensing Organization and other persons within the
respective shopping center at the same time, concerns dealing with children, vehicles, and
distance from the roadway, making these areas more vulnerable to criminal activity than others
within the City where Adult -Use Dispensing Organizations are permitted and the City Council
determined to protect the public health, safety, morals and general welfare of its residents that
Adult -Use Cannabis Dispensing Organizations are prohibited north of McCullom Lake Road;
therefore, Article V Commercial Districts Group O: Additional Conditional Uses in C-5 District is
hereby amended by adding thereto the following language:
"Adult -Use Cannabis Dispensing Organizations; Adult -Use Cannabis Craft
Grower -*Adult -Use Cannabis Dispensing Organizations and Adult Use Cannabis
Craft Grower are prohibited north of McCullom Lake Road"
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
SECTION 7: That Article VI Office, Industrial, Business Park, Agriculture and Mining
Overlay and Health Care Districts Group U: Conditional Uses in 14 Industrial District: is hereby
amended by adding thereto the following language:
"Adult -Use Cannabis Dispensing Organization; Adult -Use Cannabis Craft Grower; Adult -
Use Cannabis Infuser Organization or Infuser; Adult -Use Cannabis Processing Organization or
Processor; Adult -Use Cannabis Transporting Organization or Transporter"
SECTION 8: That Article VI Office, Industrial, Business Park, Agriculture and Mining
Overlay and Health Care Districts Group W: Conditional Uses in a Business Park District: is hereby
amended by adding thereto the following language:
"Adult -Use Cannabis Dispensing Organization; Adult -Use Cannabis Craft Grower; Adult -
Use Cannabis Infuser Organization or Infuser; Adult -Use Cannabis Processing Organization or
Processor; Adult -Use Cannabis Transporting Organization or Transporter"
SECTION 9: That Article VII Off -Street Parking and Loading is hereby amended by adding
thereto the following language to Table 13: Required Parking Spaces for Non -Residential and
Non -Lodging Uses with Adult -Use Cannabis Craft Grower, Adult -Use Cannabis Infuser
Organization or Infuser, Adult -Use Cannabis Processing Organization or Processor, and Adult -Use
Cannabis Transporting Organization or Transporter being subject to Note [j] of the Notes on Table
13, providing for the use of the employment standard or the floor space standard, whichever is
greater and if employment is not known when plans are drawn, floor space standard may be
used, but if upon occupancy the employment standard yields a greater number of required
spaces, the City Council may require the provision of additional parking before granting a
Certificate of Occupancy:
"Adult -Use Cannabis Dispensing Organization: 4.5 spaces/1,000 square feet floor
area
Adult -Use Cannabis Craft Grower; Adult -Use Cannabis Infuser Organization or Infuser;
Adult -Use Cannabis Processing Organization or Processor; Adult -Use Cannabis Transporting
Organization or Transporter: 1/employee or 1.5/1,000 square feet of floor area -use employment
or floor space standard [j]"
N CART 01 TNC 10]( RIVCR
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
SECTION 10: That Chapter 7.50 Signs of the City of McHenry Municipal Code Section
7.50.2 General Provisions is hereby amended by adding thereto the following language:
"Adult -Use Cannabis Business Establishments
as part of the conditional use permit"
A signage plan shall be submitted
SECTION 11: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 12: 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 13: 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
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS DAY OF
ATTEST:
CITY CLERK
2019
MAYOR
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
AGEIVLim SUPPLEMENT
TO: Mayor and City Council
FOR: October 7, 2019 Regular City Council Meeting
FROM: Douglas Martin, Director of Economic Development
John Birk, Chief of Police
RE: Termination of Temporary Moratorium on the Issuance of Certain Additional
Tobacco Licenses; An Ordinance Amending Chapter 14 Offenses -Miscellaneous
of the Municipal Code of the City of McHenry, Illinois and Text Amendments to
Article III General District Regulations, Article V Commercial Districts and Article
XIX Definitions of the City of McHenry Zoning Ordinance regarding vaping
establishments
ATT:
1. Unapproved Planning and Zoning Commission Minutes dated September 18, 2019
2. An Ordinance Terminating a Temporary Moratorium on the Issuance of Certain Additional
Tobacco Licenses
3. An Ordinance Amending Chapter 14 Offenses -Miscellaneous of the Municipal Code of the
City of McHenry, Illinois
4. Text Amendments to Article III General District Regulations, Article V Commercial Districts
and Article XIX Definitions of the City of McHenry Zoning Ordinance regarding vaping
establishments
5. An Ordinance Imposing a Temporary Moratorium on the Issuance of Certain Additional
Tobacco Licenses in the City of McHenry
AGENDA ITEM SUMMARY: Attached are An Ordinance Terminating a Temporary Moratorium on
the Issuance of Certain Additional Tobacco Licenses; An Ordinance Amending Chapter 14
Offenses -Miscellaneous of the Municipal Code of the City of McHenry, Illinois and Text
Amendments to Article III General District Regulations, Article V Commercial Districts and Article
(IX Definitions of the City of McHenry Zoning Ordinance regarding vaping establishments.
1
Department of community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
BACKGROUND: On February 18, 2019 (see attached minutes) the City Council discussed vape
shops and the health risks associated with vaping. They talked about e-cigarettes being readily
accessible at vape shops but also at other stores including fueling centers, convenience stores
and grocery stores. There are five vape stores in the City of McHenry and numerous stores
which sell vaping products.
ANALYSIS: Following the City Council discussion Attorney McArdle recommended a moratorium
be placed on vape shops until more research could be conducted. Subsequently, an ordinance
adopting a moratorium on vape shops was placed on the March 18, 2019 City Council meeting
agenda and approved by the City Council (see attached ordinance).
Attached is a proposed text amendment to the City of McHenry Zoning Ordinance which
regulates vape stores, products, vaping and electron ic/e-cigarettes. Vape stores are permitted
in the G5 zoning district. They must obtain a tobacco license and be 1,000 feet from other vape
stores, school, child care or children's recreation facilities. Accessory vaping products are
permitted in all commercial zoning districts as long as the product display and storage utilize less
than 2% of the gross floor area of the authorized principal structure or 200 square feet, whichever
is less. They must be ancillary to the principal use and a tobacco license is required.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously
recommended approval (6-0) of Text amendments to the City of McHenry Zoning Ordinance:
Article Ill. General Residential District Regulations; Article V. Commercial Districts and Article XIX
Definitions regarding Vaping Establishments.
If the City Council concurs with the Planning and Zoning Commission it is recommended the
attached ordinances be approved: an ordinance terminating the temporary moratorium on
the issuance of certain additional tobacco licenses; an ordinance amending chapter 14
offenses -miscellaneous of the Municipal Code, adding smoking herbs, of the City of McHenry,
Illinois and a text amendment to the zoning ordinance amending the text of Article III General
District Regulations, Article V Commercial Districts and Article XIX Definitions of the City of
McHenry Zoning Ordinance regarding vaping establishments.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
Unapproved Planning and Zoning Commission Meeting Minutes dated September 18, 2019
Public Hearing: City of McHenry
Tile No. Z-955
333 S. Green Sh•cet
Text amendments to the City of McHenry Zoning Ordinance: Article III. General District
Regulations, Article V. Commercial Districts and Article XIX. Definitions to add
regulations, location requirements and definitions of vape stores, vaping products, vapiing,
electisonle cigarettes and e-cigarettes and any other amendments and/or regulations
required
Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No. Z-955 an
application for Text amendments to the City of McHenry Zoning Ordinance: Article III, General
District Regulations, Article V. Commercial Districts and Article XIX. Definitions to add regulations,
location requirements and definitions of vape stores, vaping products, vaping, electronic
cigarettes and e-cigarettes and any other amendments and/or regulations required.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
August 30, 2019. A Certificate of Publication is on file in the City Clerk's Office.
Director of Economic Development gave the Staff report stating vaping is extremely prevalent in
our society, particularly by young people. There has been at least one death and numerous
illnesses attributed to vaping throughout the United States. Severe respiratory and other issues
are linked to vaping and e-cigarettes.
On February 18, 2019 the City Council discussed vape shops and the health risks associated with
vaping. Following the City Council discussion an ordinance adopting a moratorium on vape shops
was placed on the March 18, 2019 City Council meeting agenda and approved by the City Council,
Director Martin presented a proposed text amendment to the City of McHenry Zoning Ordinance
which regulates vape stores, products, vaping and electronic/e-cigarettes. Vape stores are
permitted In the C-5 zoning district. They must obtain a tobacco license, must be 1,000 feet from
other vape stores, school, child care or children's recreation facility. Accessory use vaping
products are permitted in all commercial zoning districts so long as the vaping products display
and storage utilize less than 2% of the gross floor area of the authorized principal structure or
200 square feet, whichever is less. They must be ancillary to the principal use and a tobacco
license Is required.
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
Director of Economic Development Martin stated Staff recommends approval of the text
amendment to the City of McHenry Zoning Ordinance: Article III, General Residential District
Regulations; Article V. Commercial Districts and Article XIX Definitions regarding vaping
establishments.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Sobotta asked if there is an age restriction on buying vape products.
Commissioner Strach stated the State of Illinois just changed the purchase requirements from 18
to 21.
Cominissloner Thacker asked if the 5 vape shops presently in McHenry were required to have a
tobacco license. Director Martin stated he believes they were.
Chairman Strach stated that since there were no outside attendees present the public comment
portion of the hearing was closed at 7@41 pm. There were no further questions or comments
from the Commissioners.
Motion by Walsh seconded by Gurda to recommend to the City Council with regard to File No. Z-
955, approval of Text amendments to the City of McHenry Zoning Ordinance: Article III, General
Residential District Regulations, Article V. Commercial Districts and Article XIX Definitions
regarding vaping establishments.
Voting Aye: Gurda, Lehman, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None,
Abstaining: None,
Absent: Doherty
Motion carried 6-0
Chairman Strach closed the Public Hearing regarding File No. Z-955 at 7:44 pm.
Department of Community &
Econornic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
AN ORDINANCE TERMINATING A TEMPORARY MORATORIUM ON THE ISSUANCE
OF CERTAIN ADDITIONAL TOBACCO LICENSES IN THE CITY OF MCHENRY
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions
as granted in the Constitution of the State of Illinois,
WHEREAS, by City Ordinance No ,adopted on , a
moratorium through December 31, 2019 was imposed on the issuance of additional tobacco
retailer's licenses and on occupancy permits any other development approvals for
establishments and uses that would require a tobacco retailer's license ("Moratorium").
WHEREAS, the City Council desires to terminate the Moratorium in accordance with the
terms of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: The foregoing recitals are incorporated into this Ordinance as findings of fact
oI the City Council of McHenry.
SECTION 2: The Moratorium through December 31, 2019 on the issuance of additional
tobacco retai►er's licenses and on occupancy permits any other development approvals for
establishments and uses that would require a tobacco retailer's license is hereby terminated,
effective upon execution of this Ordinance by the Mayor and City Clerk.
SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions
hereof 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, McHenry County, Illinois.
5
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.lLus
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED THIS
AYES.
NAYS: _
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
ATTEST:
CITY CLERK
DAY OF
DAY OF
MAYOR
2019
2019
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
AN ORDINANCE AMENDING CHAPTER 14 OFFENSES -MISCELLANEOUS
OF THE MUNICIPAL CODE OF THE CITY OF MCHENRY, 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;
WHEREAS, the City of McHenry has the authority to adopt ordinances and to promulgate
rules and regulations that pertain to its government and affairs and that protect the public health,
safety and welfare of its citizens; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: The foregoing recitals are incorporated into this Ordinance as findings of fact
of the City Council of McHenry.
SECTION 2: That Chapter 14 Offenses Miscellaneous Article I In General of the City of
McHenry Municipal Code is hereby amended by deleting (2) License Required in its entirety and
replacing it with the following language:
4
(2) License required.
It shall be unlawful to sell or offer for sale at retail, to give away or keep with the intention of
selling at retail, giving away or delivering tobacco products, electronic cigarettes or their
components, alternative nicotine products or liquid nicotine and smoking herbs within the City
without having first obtained a tobacco dealer's license. Such license shall be in addition to any
other license required by the Municipal Code of the City of McHenry."
SECTION 3: If any provision ofthis Ordinance, or the application of any provision of this
Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other
provisions of this Ordinance, or their application, that can be given effect without the
unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision,
or application of such provision, is severable, unless otherwise provided by this Ordinance.
r�
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 5: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois,
SECTION 6: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by laws provided, however, that the tax
provided for herein shall take effect for all sale on or after the first day of January, 2020. A copy
A this Ordinance shall be certified and sent to the Illinois Department of Revenue.
PASSED THIS DAY OF
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
2019
APPROVED THIS DAY OF , 2019
MAYOR
ATTEST:
CITY CLERK
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
ORDINANCE AMENDING THE TEXT OF ARTICLE III GENERAL DISTRICT
REGULATIONS, ARTICLE V COMMERCIAL DISTRICTS AND ARTICLE XIX
DEFINITIONS OF THE CITY OF MCHENRY ZONING ORDINANCE REGARDING
VAPING ESTABLISHMENTS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions
as granted in the Constitution of the State of Illinois;
WHEREAS, the City Council of the City of McHenry has determined that is in the best
interest of the City to amend the current Zoning Ordinance regulations relating to vaping stores
and to clarify that such uses include establishments that sell alternative nicotine products as set
forth in this Ordinance (the "Proposed Amendments"),
WHEREAS, a petition has been filed by the City Council of the City of McHenry requesting
a Zoning Text Amendment to the Zoning Ordinance;
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on September 181 2019 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 Text Amendment; 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 Text
Amendment 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: The foregoing recitals are incorporated into this Ordinance as if fully set forth
in this section.
�7
Department of community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
SECTION 2: Article XIX Definitions of the City of McHenry Zoning Ordinance is hereby
amended by adding thereto the following definitions:
Vape Store: Retail establishment which specializes (25% or more of its shelf space
inventory) in the sale of electronic and/or e-cigarette items, products and/or paraphernalia."
Vaping Product: Any item and/or paraphernalia used for vaping and/or utilized for
electronic and/or e-cigarettes.
V_ apin>;: Inhaling vapor which is produced by either a vaporizer or electronic cigarette.
Electronic Cigarette/E-Cigarette: Abattery-operated device designed to resemble a
traditional cigarette used to inhale nicotine vapor; a device that aerosolizes nicotine for
inhalation but does not burn tobacco.
SECTION 3: Article III of the City of McHenry Zoning Ordinance is Hereby Amended to
add Cl new subsection R as follows:
R. Vape Stores and Accessory Use of Vaping Products.
1. Principal Use: Vape Stores may be established as a principal use only inthe C-5 Highway
Commercial Zoning District as specified by this Ordinance after obtaining a tobacco license.
2. Accessory Use Vaping Products also may be sold as an accessory use in all commercial
zoning districts so long as a) the vaping products display and storage utilize less than two (2)
percent of the gross floor area of the authorized principal structure or two -hundred (200) square
feet, whichever is less; (b) they are customarily and traditionally incidental to the principal use,
such as in the case of a grocery store, convenience store, or similar retail uses and (c) a tobacco
license is obtained prior to the sale and/or distribution of any vaping products.
10
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2128
www.ci.mchenry.il.us
3. The minimum distance between any two vape stores shall be one thousand (1,000)
feet, as measured from front door to front door.
4. The minimum distance any vape store and any lot, premises or building used primarily
as a school, child care facility or for the education or recreation of children under 18 years of age
shall be one thousand (1,000) feet, as measured from the front door to the front door.
SECTION 4: That Article V Commercial Districts Group N: Additional Permitted Uses in C-
5 District is hereby amended by adding thereto the following language:
"Nape Stores"
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 , 2019
AYES:
NAYS:
ABSTAINED: _
ABSENT:
NOT VOTING:
APPROVED THIS
DAY OF
11
2019
ATTEST:
CITY CLERK
12
MAYOR
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Prone: (815) 363-2170
Fax, (815) 363-2128
www.ci.mchenry.il.us
CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE NUMBER ORD-19-1936
An Ordinance Imposing a Temporary Moratorium on the
Issuance of Certain Additional Tobacco Licenses
in the City of McHenry
Adopted by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
March 18, 2019
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 18th day of March No.
ORDINANCE NO. 0 W D - !
An Ordtttattce Intpaslttg a Temporary Maratarhttn on the
Issuance of Certain Additional Tobacco Licenses In the City of McHenry, I111nois
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated
under Article V11, 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 111inoise
WHEREAS, Section 14=42 of the City Municipal Code establishes and regulates tobacco dealer's licenses
within the City of McHenry;
WHEREAS, vapor products containing nicotine are a relatively new product, which are used as a substitute
or replacement for cigarettes and other tobacco products;
WHEREAS, the State of Illinois has regulated vapor products as "alternative nicotine products," treating
them as tobacco products under the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco
Products Act, 720 ILCS 675;
WHEREAS, there is pending State legislation that would regulate vapor products more extensively, including
H.B. 3877, the proposed Vapor Products Act;
WHEREAS, the City Council has determined that the current liquor licensing categories are not compatible
with the unique differences between traditional tobacco products and alternative nicotine products;
WHEREAS, alternative nicotine products pose particular dangers not found with traditional tobacco
products, including traumatic damage from explosion and ignition of vapor devices;
WHER AS, nicotine may be more highly concentrated and more quickly ingested through the use of
alternative nicotine products than through traditional tobacco products;
WHEREAS, nicotine carries its own addiction and health risks separate from the carcinogenic effects of
smoked or smokeless tobacco;
WHEREAS, the United States Surgeon General has stated that vapor products carry certain health risks
beyond those found in tobacco products, and that research is urgently needed to alert the public to the specific health
risks associated with vapor product use;
WHEREAS, the City has previously authorized the licensing of selling vapor products and alternative vapor
products at retail within the City through the existing tobacco retailer's license;
WHEREAS, City Council has determined that is in the best interests of the City, including the public health
and safety, to limit the increase in retail locations of alternative nicotine products;
WHEREAS, the City Council has also determined that specialty tobacco specialty retail businesses, including
"vape shops" and other establishments selling or specializing in the sale o€alternative nicotine products and/or vapor
products require ft►rther study to determine proper zoning classifications and operational regulations;
WHEREAS, it is in the best interest of the City and its residents that a moratorium on the approval of an
occupancy permit, tobacco retailer's license, or any other development approvals or building permits for such
establishments be imposed until City Staff and the Planning & Zoning Commission have an opportunity to review the
existing uses and to determine the proper zoning classification and regulations for such establishments as well as the
review process for locating such establishments in the City; and
WHEREAS, the City of McHenry is authorized to impose this moratorium pursuant to its home rule power
and 65 ILCS 5111-13-1, et seq., for the protection of public health, safety, comfort, morals, and welfare.
Moratorittm, Liquor Licenses, Page 1
NOW, THEREFORE, ]3E IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry
County, Illinois, as follows:
SECTION I: The recitals above are incorporated into this ordinance as findings of fact of the City Council
of McHenry.
SECTION 2: A Moratorium khrough December 31, 2019 is imposed on the issuance of additional tobacco
retailer's licenses and on occupancy permits and any other development approvals for establishments and uses that
would require a tobacco retailer's license.
SECTION 3: tiVaivers to this moratorium may be granted on a case by -case basis by the Mayor; provided
that such waivers restrict the tobacco retailer's license to traditional tobacco and smokeless tobacco products, and
shall not permit the sale of alternative nicotine products or related paraphemalla. Any licensee receiving such a waiver
shall be deemed to consent to regular and unannounced inspections to determine compliance with the conditions of
the waiver,
SECTION 4: Anyentity claiming vested rights, denial of a waiver application, an expectancy in the issuance
of a full tobacco retailer's license, or the violation of any other rights by vlrtue of this ordinance may appeal the
application of this moratorium ordinance to the Mayor in writing. This appeal must be in writing and will be subject
to the Administrative Review Law. If the appeal does not request a hearing in person, the appeal will be decided upon
the written appeal itself and any materials provided in opposition to the appeal.
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 authorize(j) as provided by lalw.
Voting Aye;A*! WOM0.M CphdUt'`
Vs a ^ rf i
Absent:PG
Abstain
oting Nay
�
' �i"rh�.ry ,.�t,iw,?.111rhev 1 Cv�ry, S�:hae
I
APPROVED:
MayorI�Jett
ATTEST:
Deputy City Clerk Debra Meadows
Passed: f d !< o? o l
Approved: J a V 1
Moratorium, Liquor Licenses, Page 2
CERTIFICA'I'ION
I, DEBRA MEADOWS, do hereby certify that I am the duly appointed, acting and
qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy
City 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 tl�e Mayor and AIdermen of the MCity of
McHenry, held on the _ t 4; day of _�(3 � c \ , 2019, the
foregoing Ordinance entitled An Ordinance Imposing a Temporary Moratolshun on the Issuance
of Certain Additional Liquor Licenses in the City of McHenry, Illinois, was duly passed by the
City Council of the City of McHenry.
The pamphlet form of Ordinance hIo.�� "' � I 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 2019, 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 coi�ect 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_ �S d� of _ f yl G� Y' C �'l. 2019.
Debra Meadows, Deputy City Clerk
City of McHenry,
McHenry County, Illinois
(SEAL}