HomeMy WebLinkAboutPacket - 04/05/2021 - City CouncilThe City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in
a customer-oriented, efficient, and fiscally responsible manner.
AGENDA
REGULAR CITY COUNCIL MEETING
Monday, April 5, 2021, 7:00 p.m.
In light of the current COVID-19 public health emergency, this meeting will be held remotely only.
The public can observe and participate by connecting online via Zoom at
https://cityofmchenry.zoom.us/j/94656371798
Or call 312-626-6799, Meeting ID: 946 5637 1798
1.Call to Order.
2.Roll Call.
3.Pledge of Allegiance.
4.Public Comments:
If you wish to submit any public comment, please email: dmorefield@cityofmchenry.org in advance of the meeting. The
City will read such public comments during the public commentary portion of the meeting and the comments will be
entered into the official record of the meeting. Any comments received during the meeting will be provided in writing to
the Council after the meeting.
5.Consent Agenda: Motion to Approve the following Consent Agenda Items:
A.Resolution Supporting National Fair Housing Month; (City Administrator Morefield)
B.Proclamation naming April 30, 2021, as Arbor Day; (Public Works Director Strange)
C.Set the Public Hearing date for the Annual Budget for April 19, 2021, and post the tentative
budget on the City’s website; (Finance Director Lynch)
D.Authorize the Mayor and the Deputy City Clerk to execute the attached four (4) year collective
bargaining agreement between the City of McHenry and Illinois Fraternal Order of Police Unit
2 for a term beginning May 1st, 2021 and ending April 30th, 2025; (Chief of Police Birk)
E.Award a contract for the 2021 Rebuild Illinois Bond Funded Program to Geske and Sons, Inc. of
Crystal Lake, Illinois in the amount of $571,656.84, to approve a Resolution for Improvement
authorizing the use of State Funds for the project, and to approve a construction contingency in
the amount of $57,165.68; (Public Works Director Strange)
F.Approval of the attached Parks & Recreation Facilities & Special User permit requests;
G.March 15, 2021 City Council Meeting Minutes;
H.Issuance of Checks in the amount of $233,732.13.
6.Individual Action Item Agenda.
A.Motion to pass an Ordinance approving Zoning Text Amendments to Chapter 16:
Nonconformities of the City of McHenry Zoning Ordinance and Resolution Waiving Zoning
Fees for Improving Property Owners. (City Planner Sheriff)
B.Motion to pass an Ordinance annexing approximately 0.75 acres located at 2116 N. Ringwood
Road and a Resolution waiving water and sewer connection fees for Home of the Sparrow. (City
Planner Sheriff)
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C. Motion to pass an Ordinance amending nine different sections regarding business licenses of the
McHenry City Code. (Community Development Director Polerecky)
D. Motion to pass and Ordinance amending Chapter 4: Alcoholic Liquor to allow for the
establishment of a “G” license classification. (Parks and Recreation Director)
E. Motion to waive competitive bidding and to approve a proposal from Nilco, Inc. in the amount
of $124,500 for the development and implementation of the pathways and natural playground
elements in Knox Park. (Parks and Recreation Director Hobson)
7. Discussion Items.
A. Discussion regarding the proposed FY21/22 Budget (City Administrator Morefield)
8. Staff Reports.
A. Transmittal of Staff Report for April 5, 2021
9. Mayor’s Report.
10. City Council Comments.
11. Executive Session if Needed.
12. Adjourn.
The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further
information, please contact the Office of the City Administrator at 815-363-2108.
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Resolution 21-5
Resolution Supporting National Fair Housing Month
TITLE: A Resolution Proclaiming April as Fair Housing Month in the City of McHenry.
WHEREAS, The City of McHenry finds that decent and safe housing is part of the American
dream and a goal of all Illinois residents; and
WHEREAS, individuals in the State of Illinois have the right to choose where to live without
discrimination based on race, color, religion, age (40 and over), sex (including sexual
harassment and pregnancy), familial status, marital status, national origin/ancestry, disability,
sexual orientation, gender identity, military status, unfavorable military discharge, and order of
protection status; and
WHEREAS, acts of housing discrimination and barriers to equal housing opportunity are
repugnant to a common sense of decency and fairness; and
WHEREAS, federal and state laws affirm the right of every person to equal housing opportu nity;
and
WHEREAS, fair housing is a positive community good; and
WHEREAS, economic stability, community health, and human relations in all communities and
the State of Illinois are improved by diversity and integration; and
WHEREAS, stable, integrated, and balanced residential patterns are threatened by
discriminatory acts and unlawful housing practices that result in segregation of residents and
opportunities in our region; and
WHEREAS, the talents of grassroots and non-profit organizations, housing service providers,
financial institutions, elected officials, state agencies, and others must be combined to promote
and preserve integration, fair housing, and equal opportunity.
NOW, THEREFORE, I Wayne Jett, Mayor of the City of McHenry, Illinois do hereby proclaim
the month of April 2021, as
“NATIONAL FAIR HOUSING MONTH”
in the City of McHenry to establish McHenry as an open and inclusive community committed to
fair housing and to promote appropriate activities by private and public entities inte nded to
provide or advocate for integration and equal housing opportunities for all residents and
prospective residents of the City of McHenry.
DATED this 5th day of April, 2021.
_______________________________
Wayne Jett, Mayor
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PROCLAMATION
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture
that a special day be set aside for the planting of trees ;
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more
than a million trees in Nebraska;
WHEREAS, Arbor Day is now observed throughout the nation and the world;
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut
heating and cooling costs, moderate the temperature, clean the air, pr oduce oxygen and provide
habitat for wildlife;
WHEREAS, trees are a renewable resource, enhance property values and the economic
vitality of business areas, beautify our community, and are a source of joy and spiritual renewal;
WHEREAS, the City of McHenry has been recognized as a Tree City USA for 27
consecutive years by the Arbor Day Foundation and desires to continue its tree-planting ways.
NOW, THEREFORE, BE IT RESOLVED, I Wayne Jett Mayor of the City of
McHenry and the McHenry City Council do hereby proclaim April 30, 2021, as
Arbor Day
in the City of McHenry and urge all citizens to celebrate Arbor Day and support the protection of
our trees and woodlands.
FURTHER, we urge all citizens to plant and care for trees to gladden the heart and
promote the well-being of future generations.
___________________________________
Mayor Jett
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Monte Johnson
Deputy City Clerk
333 S Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-2119
mjohnson@cityofmchenry.org
The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and
services in a customer-oriented, efficient, and fiscally responsible manner.
CONSENT AGENDA ITEM
DATE: April 5, 2020
TO: Mayor and City Council
FROM: Monte Johnson
RE: Public Hearing and Posting for Annual Budget
The City is required to make a copy of the tentative annual budget available to the public at least
ten days prior to a public hearing for the budget. We will post the tentative budget on the website
on Tuesday, April 6th.
The City is also required to hold a public hearing prior to the passage of the budget, and we will
hold that public hearing at the beginning of the next regular meeting, which is April 19th.
A notice of both of these actions will be published in the newspaper to comply with our legal
requirements.
Recommended Action: Motion to set the Public Hearing date for the Annual Budget for April 19,
2021, and post the tentative budget on the City’s website
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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
The City of McHenry is dedicated to providing the citizens, businesses and visito rs of McHenry with the highest
quality of programs and services in a customer -oriented, efficient and fiscally responsible manner.
CONSENT AGENDA SUPPLEMENT
DATE: April 5, 2021
TO: Mayor and City Council
FROM: Derik Morefield, City Administrator
John R. Birk, Police Chief
RE: Authorization for the Mayor and Deputy City Clerk to Execute a Collective
Bargaining Agreement Between the City of McHenry and Illinois Fraternal Order
of Police, representing City of McHenry Police Civilian Personnel (Unit 2) for the
period May 1, 2021 through April 30, 2025
ATT: Collective Bargaining Agreement
Agenda Item Summary:
The purpose of this agenda item is to present, for consideration and approval by Council, a four
(4) year contract renewal between the City of McHenry and the Illinois Fraternal Order of Police
(FOP), representing City of McHenry Telecommunicators, Community Service Officers and
Records Clerks (Unit 2). Staff has tentatively negotiated a new agreement with the FOP and is
seeking Council’s approval to authorize the Mayor and Deputy City Clerk to enter into a new
collective bargaining agreement between the City of McHenry and the FOP. Staff is available
for any questions Council may have.
Background:
The previous four (4) year contract with FOP/Unit 2 covered a period beginning May 1, 2017 and
is set to expire this upcoming April 30, 2021. During this previous period, annual cost of living
increases for wages were identified at 2.5%, 2.75% and 2.5% and 2.75%. Additionally, during this
same period, health insurance contributions from Unit 2 personnel were increased to allow for
adjustments to health insurance costs. These increases varied based on the type of plan (PPO,
HSA, HMO) and the type of coverage (Single, Single + Spouse, Single + Children, Family).
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Analysis:
Beginning in January of 2019 the City Administration - represented by the City Administrator,
Police Chief, and Deputy Police Chief - met with representatives of FOP/Unit 2to discuss
wages/benefits related to contract renewal. As a direct result of strong employer/employee
relations it is the opinion of the City Administration that we were able to quickly reach a tentative
reasonable agreement that addresses all wages/benefits within the agreement. This process was
complete with no additional outside legal fees and prior to letting the current agreement expire.
The term of the new contract is proposed for four (4) years beginning May 1, 20 21 and ending
April 30, 2025.
While a majority of the new contract maintained the same language/terms as the previous
contract, some changes were made to ensure that the contract reflects updates required by new
statutory laws and improvements to operational needs.
Non-financial amendments to the contract include:
• Term of Agreement: 4 Years (5/1/21 – 4/30/25)
• Section 2.1 Dues Check-Off: This section is being amended to add: Bona fide religious
objections to the payment of dues shall be resolved consistent with the provisions of the
IPLRA, or as amended, and the rules of the State Labor Board.
• Section 5.5 Compensatory Time: This section was amended to require at least 24 hours
notice before submitting for the use of compensatory time. Language now confirms to
the Unit 1 contract.
• Section 5.8 Shift Assignments and Bidding: Specific to Telecommunicators only, language
was added that when bidding for annual shift assignments each employee will bid all four
working shifts in order of their preference. As a result this language is then a pplied for
long term shifts trades allowing the City to go back and fill long term shift vacancy by
seniority and employee preference. This language now conforms to the computerized
process the City has been following.
• Section 6.3 Seniority List: The time the FOP has to file for inaccuracies to the annually
published seniority list was changed from 14 days to 30 days in order to confirm with FOP
Unit 1 agreement.
• Section 10.3 Holiday Pay: The section was amended to allow employees to take time off
in 4 hour increments not just 8 hour increments in lieu on receiving holiday pay.
• Section 13.3 Bereavement Leave: Stepparents, nieces and nephews were added to the
approved bereavement list.
• Section 15.1 Initial Uniform: Language was revised in this section to remove one pair of
initial pants by replacing it with a polo uniform shirt.
Financial amendments to the contract include:
• Section 10.1 Holidays: Veterans Day was added as a recognized holiday. For shift
employees (telecommunicators) this comes with the ability to earn holiday pay per the
existing holiday pay language in the contract.
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• Appendix A Wages: An annual raise of 2%, 2.25%, 2.25% and 2.5% in date order for each
of the four years of the contract.
• Section 17.6 Employee Deductible and Co-Insurance Costs: New adjusted employee
contribution cap amounts were added to each year of the contract. The previous four
years of actual insurance costs were factored in to help project the most accurate
estimate of insurance costs in the coming four years. All of these employee contributions
caps were increased each year to allow for the City to charge the employee a greater
amount for their contribution.
As a reminder the McHenry Police Officers Sworn Unit (Unit 1) contract provides for a 2.5% raise
on May 1st, 2021 and a 2.5% raise on May 1st, 2022. The current Public Works contract is set to
expire on April 30th, 2021 so no raise has been established yet. The FOP Unit 2 proposal keeps
annual wage increases .5% below Unit 1 for FY 21/22 and .25% below Unit 1 for FY 22/23.
A discussion regarding comparables is usually part of the j ustification for wage increases. With
such, information was gathered from SEECOM and the McHenry County Sheriff’s Office.
SEECOM’s agreement is currently set to expire on April 30th with no new contract finalized and
the McHenry County Sheriff’s Office is currently working without a valid agreement for over 24
months.
Recommendation:
If Council concurs, then it is recommended that a motion authorizing the Mayor and the Deputy
City Clerk to sign and execute the attached four (4) year collective bargaining agreement
between the City of McHenry and Illinois Fraternal Order of Police for a term starting May 1st,
2021 and ending April 30th, 2025.
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ILLINOIS FOP
LABOR COUNCIL
and
CITY OF MCHENRY
Telecommunicators, Community Service
Officers and Records Clerks
May 1, 2021 – April 30, 2025
Springfield - Phone: 217-698-9433 / Fax: 217-698-9487
Western Springs - Phone: 708-784-1010 / Fax: 708-784-0058
Web Address: www.fop.org
24-hour Critical Incident Hot Line: 877-IFOP911
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PREAMBLE ...................................................................................................................................1
ARTICLE I RECOGNITION ......................................................................................................1
Section 1.1 Recognition .............................................................................................................. 1
Section 1.2 Duty of Fair Representation ..................................................................................... 1
Section 1.3 New Classifications ................................................................................................. 1
ARTICLE 2 UNION SECURITY AND RIGHTS ......................................................................2
Section 2.1 Dues Check-Off ....................................................................................................... 2
Section 2.2 Bulletin Board .......................................................................................................... 2
Section 2.3 Union Indemnification ............................................................................................. 3
Section 2.4 Union Stewards ........................................................................................................ 3
ARTICLE 3 MANAGEMENT RIGHTS.....................................................................................3
ARTICLE 4 LABOR-MANAGEMENT MEETINGS ...............................................................4
Section 4.1 Meeting Request ...................................................................................................... 4
Section 4.2 Content ..................................................................................................................... 4
Section 4.3 Attendance ............................................................................................................... 4
ARTICLE 5 HOURS OF WORK AND OVERTIME ...............................................................4
Section 5.1 General Provisions ................................................................................................... 4
Section 5.2 Normal Work Period, Workday and Work Schedule .............................................. 5
Section 5.3 Court and Training Time ......................................................................................... 5
Section 5.4 Call Back Pay ........................................................................................................... 6
Section 5.5 Compensatory Time ................................................................................................. 6
Section 5.6 Overtime Assignments-Overtime Opportunities ..................................................... 6
Section 5.7 Shift Trades .............................................................................................................. 7
Section 5.8 Shift Assignments and Bidding ............................................................................... 7
Section 5.9 Training Pay ............................................................................................................. 8
ARTICLE 6 SENIORITY, LAYOFF AND RECALL ...............................................................8
Section 6.1 Definition of Seniority ............................................................................................. 8
Section 6.2 Probationary Period ................................................................................................. 8
Section 6.3 Seniority List ............................................................................................................ 9
Section 6.4 Layoff ....................................................................................................................... 9
Section 6.5 Recall ....................................................................................................................... 9
Section 6.6 Termination of Seniority .......................................................................................... 9
ARTICLE 7 DISCIPLINE ..........................................................................................................10
Section 7.1 Discipline ............................................................................................................... 10
Section 7.2 Progressive Discipline ........................................................................................... 10
Section 7.3 Interrogation Rights ............................................................................................... 11
Section 7.4 Pre-disciplinary Conference................................................................................... 12
Section 7.5 Grievance Arbitration ............................................................................................ 12
ARTICLE 8 GRIEVANCE PROCEDURE ..............................................................................12
Section 8.1 Definition ............................................................................................................... 12
Section 8.2 Procedure ............................................................................................................... 12
Section 8.3 Arbitration .............................................................................................................. 13
Section 8.4 Limitations on Authority of Arbitrator .................................................................. 14
ARTICLE 9 NO STRIKE-NO LOCKOUT ..............................................................................14
Section 9.1 Strikes Prohibited ................................................................................................... 14
Section 9.2 Job Actions Prohibited ........................................................................................... 14
Section 9.3 Violations of this Article ........................................................................................ 15
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Section 9.4 Council Notification of Employees ....................................................................... 15
Section 9.5 No Lockout ............................................................................................................ 15
Section 9.6 Judicial Relief ........................................................................................................ 15
ARTICLE 10 HOLIDAYS AND PERSONAL BUSINESS LEAVE ......................................15
Section 10.1 Holidays ............................................................................................................... 15
Section 10.2 Eligibility Requirements ...................................................................................... 16
Section 10.3 Holiday Pay .......................................................................................................... 16
Section 10.4 Personal Business Leave ...................................................................................... 16
ARTICLE 11 VACATIONS .......................................................................................................17
Section 11.1 Eligibility and Allowances ................................................................................... 17
Section 11.2:Vacation Pay. ....................................................................................................... 17
Section 11.3: Scheduling and Accrual ...................................................................................... 18
ARTICLE 12 SICK LEAVE .......................................................................................................19
Section 12.1 Purpose and Allowance........................................................................................ 19
Section 12.2 Hours Earned in Accumulation ............................................................................ 20
Section 12.3 Notification .......................................................................................................... 20
Section 12.4 Medical Examination ........................................................................................... 20
Section 12.5 Sick Leave Utilization.......................................................................................... 20
Section 12.6 Unused Sick Leave .............................................................................................. 21
ARTICLE 13 ADDITIONAL LEAVES OF ABSENCE ..........................................................21
Section 13.1 Unpaid Discretionary Leaves ............................................................................... 21
Section 13.2 Military Leave ...................................................................................................... 21
Section 13.3 Bereavement Leave .............................................................................................. 21
Section 13.4 Jury Leave ............................................................................................................ 22
Section 13.5 Family and Medical Leave Act (“FMLA”) Leave ............................................... 22
Section 13.6 Application for Leave .......................................................................................... 22
Section 13.7 Benefits While on Unpaid Discretionary Leave .................................................. 22
Section 13.8 Non-Employment Elsewhere ............................................................................... 23
ARTICLE 14 WAGES ................................................................................................................23
Section 14.1 Base Wage ........................................................................................................... 23
Section 14.2 Tuition Reimbursement ....................................................................................... 23
Section 14.3 Deferred Compensation Plan (457K)................................................................... 23
Section 14.4 Lateral Transfers .................................................................................................. 23
ARTICLE 15 UNIFORM ALLOWANCE ................................................................................24
Section 15.1 Initial Uniform ..................................................................................................... 24
Section 15.2 Uniform Allowances and Reimbursement of Uniform Cleaning Expenses ........ 24
Section 15.3 Return of Uniforms and Equipment ..................................................................... 24
ARTICLE 16 INSURANCE........................................................................................................25
Section 16.1 Coverage and Cost ............................................................................................... 25
Section 16.2 Cost Containment................................................................................................. 25
Section 16.3 Life Insurance ...................................................................................................... 25
Section 16.4 Terms of Insurance Policies to Govern ................................................................ 25
Section 16.5 Waiver of Insurance ............................................................................................. 25
Section 16.6 Employee Deductible and Co-Insurance Costs.................................................... 26
ARTICLE 17 EMPLOYEE ALCOHOL AND DRUG TESTING ..........................................28
Section 17.1 Statement of Policy .............................................................................................. 28
Section 17.2 Prohibitions .......................................................................................................... 28
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Section 17.3 Drug and Alcohol Testing Permitted ................................................................... 28
Section 17.4 Order to Submit to Testing .................................................................................. 28
Section 17.5 Test to be Conducted ........................................................................................... 29
Section 17.6 Disciplinary Action .............................................................................................. 30
Section 17.7 Voluntary Request for Assistance ........................................................................ 31
Section 17.8 Treatment ............................................................................................................. 31
ARTICLE 18 EMPLOYEE STATUTORY RIGHTS ..............................................................32
Section 18.1 Personnel Files ..................................................................................................... 32
Section 18.2 Indemnification .................................................................................................... 32
Section 18.3 Access to Arbitration ........................................................................................... 32
ARTICLE 19 GENERAL PROVISIONS ..................................................................................32
Section 19.1 Gender .................................................................................................................. 32
Section 19.2 Ratification and Amendment ............................................................................... 32
Section 19.3 Fitness Examinations ........................................................................................... 32
Section 19.4 Outside Employment ........................................................................................... 32
Section 19.5 No Smoking ......................................................................................................... 33
Section 19.6 Special Assignment Employees ........................................................................... 33
Section 19.7 Rules and Regulations.......................................................................................... 33
Section 19.8 Inoculations .......................................................................................................... 34
Section 19.9 Communicable Diseases ...................................................................................... 34
Section 19.10 Replacement of Personal Property ..................................................................... 34
Section 19.11 Location of Meetings ......................................................................................... 34
Section 19.12 No Solicitation ................................................................................................... 34
ARTICLE 20 SAVINGS CLAUSE ............................................................................................35
ARTICLE 21 IMPASSE RESOLUTION ..................................................................................35
ARTICLE 22 ENTIRE AGREEMENT .....................................................................................35
ARTICLE 23 TERM OF AGREEMENT .................................................................................36
APPENDIX A - WAGE SCHEDULES ......................................................................................38
APPENDIX B - AGREEMENT TO EXTEND TIME LIMITS ..............................................39
APPENDIX C - DUES AUTHORIZATION FORM ................................................................40
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Final Draft 03/31/2021 1
PREAMBLE
THIS AGREEMENT entered into by the CITY OF MCHENRY. ILLINOIS (hereinafter referred
to as the “City” or the “Employer”) and the ILLINOIS FOP LABOR COUNCIL (hereinafter
referred to as the “Union” or “Council” or “Labor Council”) is in recognition of the Unions status
as the representative of the City’s non-sworn full-time Telecommunications Officers, Community
Service Officers, and Records Clerks in the Police Department, and has as its intent and purpose
being the establishment of an entire agreement covering all rates of pay, hours of work and
conditions of employment applicable to bargaining unit employees during the term of this
Agreement; the promotion of good working relations between the Employer and the Union; to
encourage and improve efficiency and productivity; to prevent interruptions of work and
interference with the operations of the City; and the establishment of an orderly procedure for the
resolution of grievances as provided herein. Therefore, in consideration of the mutual promises
and agreements contained in this Agreement, the Employer and the Union do mutually promise
and agree as follows:
ARTICLE I RECOGNITION
Section 1.1 Recognition
The City recognizes the Union as the sole and exclusive collective bargaining representative for
employees in bargaining Unit II defined as all full-time Telecommunications Officers, Community
Service Officers, and Records Clerks employed by the Police Department of the City (hereinafter
referred to as “employees”), but excluding all other employees, including, but not limited to: all
sworn officers covered by the Unit I collective bargaining agreement (as defined therein); the
Telecommunications Supervisor, Records Supervisor, secretary to the Chief of Police; all part-
time or temporary employees including part-time school crossing guards; all non-Police
Department employees; and all managerial, supervisory, confidential, professional, short-term,
security and craft employees, as defined by the IPLRA (Illinois Public Labor Relations Act).
Section 1.2 Duty of Fair Representation
The Union recognizes its responsibility as the exclusive bargaining agent for the employees in the
bargaining unit covered by this Agreement, and Council agrees to fulfill its duty to fairly represent
all employees in the bargaining unit whether or not they are members of the Union.
Section 1.3 New Classifications
The Employer shall promptly notify the Union of its decision to implement any new classifications
pertaining to work of a nature performed by employees in the bargaining unit. If the new
classification is a successor title to a classification covered by the Agreement and the job duties
are not significantly altered or changed, the new classification shall automatically become a part
of this Agreement. If the new classification contains a significant part of the work now being done
by any of the classifications covered by this Agreement, or whose functions are similar to
employees in this bargaining unit, and the new job classification may fall within the bargaining
unit, the parties will then meet within thirty (30) days to review the proposed classification and, if
unable to reach agreement as to its inclusion or exclusion from the unit, the Employer and Council
agree to jointly petition the ILRB (Illinois Labor Relations Board) to seek the necessary unit
clarification.
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Final Draft 03/31/2021 2
The Employer shall be free to implement its decision pending the outcome of the unit clarification
petition and/or negotiations. If the inclusion of the proposed classification is agreed to by the
parties or found appropriate under the Illinois Public Labor Relations Act, the parties shall then
negotiate as to the proper pay grade for the classification.
ARTICLE 2 UNION SECURITY AND RIGHTS
Section 2.1 Dues Check-Off
While this Agreement is in effect, the City will deduct the appropriate bi-weekly amount of dues
from each employee in the bargaining unit who has filed with the City a lawful, voluntary, effective
check off authorization form. Check-off authorization forms shall be supplied to the City by the
Union, and will be provided to newly hired employees at the same time such employees are
requested to complete other required employment documents. The City will honor all executed
check off authorization forms received no later than ten (10) working days (i.e., days the City’s
administrative offices are open) prior to the next deduction date. If a conflict exists between the
check-off authorization form and this Article, the terms of this Article and Agreement control. The
City shall provide the Union with an opportunity to meet with all newly hired bargaining unit
members on or before their respective starting dates for the purpose of explaining the benefits of
membership in the Union. This privilege is subject to being discontinued in the event that a labor
organization other than the Union should file a valid representation petition with the ISLRB
claiming to represent a majority of the bargaining unit members. Total deductions collected for
each month shall be remitted by the City to the Council by the tenth (10th) of the following month,
together with a list of employees for whom deductions have been made. Dues deducted shall be
sent to the official address designated in writing to the Employer by the Council. The Union agrees
to refund to the employee any amount paid to the Council in error on account of this dues deduction
provision. Dues shall be withheld and remitted to the Council unless or until such time as the City
receives ten (10) working days written notice of revocation of dues check-off from an employee,
or other timely notice of an employee’s death, transfer from covered employment, termination of
covered employment, or when there are insufficient funds available in the employee’s earnings
after withholding all other legal and required deductions. Information concerning dues not
deducted under this Article shall be forwarded to the Union, and this action will discharge the
City’s only responsibility with regard to such cases. The City shall provide the Union with a copy
of any revocation of dues deduction authorization within seven (7) calendar days of the date the
revocation is received by the City. Semi-annually, the City shall provide the Union with a list of
all employees in the bargaining unit, their dues status, and the amount paid in the previous six-
month period. Deductions shall cease at such time as a strike or work stoppage occurs in violation
of Article 9 (No Strike-No Lockout).
The actual dues amounts to be deducted shall be certified in writing to the City by the Council.
Dues shall be uniform in dollar amount for all employees in order to ease the Employer’s burden
of administering this provision. The Council may change the fixed uniform dollar amounts of its
regular monthly dues fees once each calendar year during the life of this Agreement. The Council
will give the City thirty (30) calendar days’ notice of any such change in the amount of uniform
dues to be deducted. Bona fide religious objections to the payment of dues shall be resolved
consistent with the provisions of the IPLRA, or as amended, and the rules of the State Labor Board.
Section 2.2 Bulletin Board
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Final Draft 03/31/2021 3
The City will make available space on a bulletin board in the Police Department for the posting of
official Union business which is germane to its role as the exclusive bargaining representative and
which are not defamatory or derogatory in nature. The Union will limit the posting of Union
business to such bulletin board. The posting of political materials shall be limited to notice of
meetings wherein political issues will be addressed, proposed agenda of political topics to be
discussed, and the posting of any final action taken by the Council with respect to said political
issues via the posting of meeting minutes.
Section 2.3 Union Indemnification
The Union shall indemnify, defend and hold harmless the City and its officials, representatives
and agents against any and all claims, demands, suits or other forms of liability (monetary or
otherwise) and for all legal costs that shall arise out of or by reason of action taken or not taken by
the City in complying with the provisions of this Article.
Section 2.4 Union Stewards
For purposes of the Agreement, the term “Union Stewards” shall refer to Union employees
designated by the bargaining unit as representatives of the bargaining unit and “Union Stewards”
shall refer to the Union’s duly elected union stewards. The Union will maintain (and keep current)
with the Employer a complete written list of its Union Stewards and other agents (including their
addresses and telephone numbers) who will deal with the City.
ARTICLE 3 MANAGEMENT RIGHTS
Except as specifically limited by the express provisions of this Agreement, the City retains all
traditional rights to manage and direct the affairs of the City in all of its various aspects and to
manage and direct its employees, to make and implement decisions with respect to the operation
and management of its operations in all respects, including, but not limited to, the following: to
plan, direct, control and determine all the operations and services of the City; to determine the
police department’s mission, policies, procedures, and to set all standards of service offered in the
community; to determine the budget, and to allocate budgetary priorities; to utilize and select
suppliers and subcontractors; to supervise and direct the working forces; to establish the
qualifications for hire and conditions for continued employment; to determine standards of
conduct, both on and off duty, to the extent permitted by federal and state law; to select, hire, train,
evaluate, promote, demote and transfer employees; to schedule and assign work and work duties;
to assign overtime; to establish and enforce work, productivity and performance standards and,
from time to time, to change those standards; to determine the methods, means, organization and
number of personnel by which City operations and services shall be provided or purchased; to
determine whether services are to be provided by employees covered by this Agreement or by
other employees or non-employees not covered by this Agreement (provided such action does not
result in layoffs in violation of the IPLRA); to make, alter and enforce rules, regulations, orders
and policies; to change or eliminate existing methods, equipment or facilities; to layoff or
discipline for just cause; and to take any and all actions as may be necessary to carry out the
mission, duties and responsibilities of the City in situations of local disaster of civil emergencies
as may be formally declared by the Mayor or his designee, the provisions of this agreement
notwithstanding. It is the sole discretion of the Mayor or his designee to declare that a local disaster
of civil emergency condition exists. In the event of such emergency action, the provisions of this
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Agreement may be suspended. A local disaster of civil emergency shall include, but is not limited
to, riots, civil disorder, and natural or manmade disaster conditions.
ARTICLE 4 LABOR-MANAGEMENT MEETINGS
Section 4.1 Meeting Request
The Council and the City agree that, in the interest of efficient management and harmonious
employee relations, meetings be held up to once quarterly at the request of either party or at other
times mutually agreed between Council representatives and the Chief and/or the City
Administrator. Such meetings may be requested by either party at least seven (7) days in advance
by placing in writing a request to the other for a “labor-management meeting” and expressly
providing the agenda for such meeting. Such meetings and locations, if mutually agreed upon,
shall be limited to:
(a) discussion on the implementation and general administration of this Agreement;
(b) a sharing of general information of interest to the parties;
(c) notifying the Council of changes in conditions of employment contemplated by the
Employer which may affect employees;
(d) issues or concerns involving safety.
Section 4.2 Content
It is expressly understood and agreed that such meeting shall be exclusive of the grievance
procedure. Specific grievances being processed under the grievance procedure shall not be
considered at “labor-management meetings” nor shall negotiations for the purpose of adding to or
altering any of the terms of this Agreement be carried on at such meetings.
Section 4.3 Attendance
Attendance at labor-management meetings shall be voluntary on the employee’s part, and
attendance by off-duty personnel during such meetings shall not be considered time worked for
compensation purposes. If, at the quarterly labor management meeting or meetings, scheduled at
the request or consent of the City during the regularly scheduled duty hours of one or two employee
Union representatives, and if it is mutually agreed between the Chief or his designee and the Union,
such employee Union representative(s) shall be released from duty without loss of pay, provided
they shall remain available to return to duty if needed. Normally, up to three (3) persons from each
side shall attend these meetings, schedules permitting.
ARTICLE 5 HOURS OF WORK AND OVERTIME
Section 5.1 General Provisions
Purpose of Article: The Sole purpose of this Article is to provide a basis for the calculation of
straight time, overtime and other premium wages. The Employer’s pay records, practices, policies
and other procedures shall govern the payment of all wages.
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No Guarantee of Work: Nothing in this Article shall be construed as a guarantee of hours of work.
This Article is intended only as a basis for computing overtime consistent with the provisions of
the Fair Labor Standards Act. This Article is not intended to establish a right to compensation in
any form for time not worked except as specifically provide for in this Agreement.
No Pyramiding: Compensation shall not be paid more than once for the same hours under any
provision of this Agreement.
Section 5.2 Normal Work Period, Workday and Work Schedule
Shift Employees normal work schedules are defined per Appendix E. Shift Employees normal
work shall reflect the attached twelve (12) hour work schedule which is based on 2080 hours per
year. The workday includes a paid forty-five (45) minute lunch break. Except in an emergency,
employees shall not be required to work more than twelve (12) hours in any twenty-four (24) hour
period but employees may sign up for overtime but may not work more than sixteen (16) hours in
any twenty-four (24) period.
Changes in Normal Work Period, Workday and Work Schedule: The shifts, workdays and hours
to which employees are assigned shall be stated per Appendix E. Subject to the provisions of
Section 5.8 herein, should it be necessary in the interest of efficient operations to temporarily alter
or reassign the regular and normal workday, work period, work shift or work schedule, absent
unexpected circumstances or an emergency, the City shall give at least twenty-four (24) hours’
notice to the individuals affected by any such change. The Employer will not change work
schedules for the purpose of avoiding the payment of overtime.
Section 5.3 Court and Training Time
Employees who would otherwise be off-duty shall be paid a minimum of two (2) hours pay at their
applicable overtime rate of pay for all hours worked when (1) appearing in court on behalf of the
City in the capacity of a police department employee, or (2) when preparing for an off-duty court
appearance when in the presence of a prosecuting attorney, or (3) when participating in mandatory
off-duty training exercises. The two (2) hour minimum shall not apply where (1) the court or
training time precedes within two (2) hours of the employee’s regular work shift or (2) the court
or training time immediately follows an employee’s regular work shift. Lunch periods in
connection with court time shall not be counted toward hours worked. Employees driving to/from
approved seminars or training should use a City vehicle for this purpose. If a City vehicle is not
available, or upon prior approval of the City Administrator, the use of an employee's personal
vehicle may be allowed. Expenses for the use of a personal vehicle may be reimbursed up to the
current IRS rate. Employees who are enrolled in pre-approved seminars or training at facilities
located more than seventy-five (75) miles from the City of McHenry (or an any other time at the
discretion of the City) may be encouraged to utilize lodging at the site of the training rather than
rely on mileage reimbursements. Employees should seek the approval of the City Administrator
prior to daily driving to and from training at locations greater than seventy-five (75) miles. Any
training scheduled on a twelve (12) hour work day that is scheduled for eight (8) hours constitutes
a twelve (12) hour work day.
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To compensate covered members for attending training classes outside of McHenry, Lake or
Boone Counties, covered members shall receive one (1) hour of travel time per day at the
employee’s regular rate of pay not to exceed ten (10) hours in any fiscal year.
Section 5.4 Call Back Pay
A call back is defined as a work assignment which does not immediately precede or follow an
employee’s regular scheduled working hours. An employee called back to work after having left
work shall receive a minimum of two (2) hours pay at overtime rates, unless the individual is called
back by his supervisor to rectify his own error.
Section 5.5 Compensatory Time
Telecommunicators: Employees shall be permitted to accrue forty-eight (48) hours of
compensatory time. Once they use any part of their compensatory time bank, they may replenish
the time to a maximum of forty-eight (48) hours at any time. Compensatory time off shall be used
in a minimum of one (1) hour increments and counted towards hours of work for purposes of
calculating overtime. Compensatory time off requests shall be made no later than twenty-four (24)
hours in advance of the desired time off. Accumulated compensatory time in excess of twelve (12)
hours shall be paid to the affected employee on the first scheduled payroll in the next calendar
year. Employee shall be permitted to carry a maximum of accumulation of twenty-four (24) hours
of their compensatory time from year to year. Volunteers to work overtime for another employee
taking compensatory time shall be required to receive a cash payout and not receive compensatory
time. Overtime rates will apply.
Records / CSO: Employees shall be permitted to accrue forty (40) hours of compensatory time.
Once they use any part of their compensatory time bank, they may replenish the time to a maximum
of forty (40) hours at any time. Compensatory time off shall be used in a minimum of one (1) hour
increments and counted towards hours of work for purposes of calculating overtime.
Compensatory time off requests shall be made no later than twenty-four (24) hours in advance of
the desired time off. Accumulated compensatory time in excess of eight (8) hours shall be paid to
the affected employee on the first scheduled payroll in the next calendar year. Employee shall be
permitted to carry a maximum of accumulation of twenty-four (24) hours of their compensatory
time from year to year.
Section 5.6 Overtime Assignments-Overtime Opportunities
The Chief of Police or designee shall have the right to require overtime work, and employees may
not refuse overtime assignments. Also, specific employees may be selected for special assignments
based upon specific skills, ability and experience they may possess. Overtime shall be based on
any hours worked or paid, except for sick hours outside of the regularly scheduled eighty (80) hour
work period.
Telecommunicators:
The City may hire back one (1) or more Telecommunicators. Overtime opportunities shall be
assigned in the following order:
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Shift Employee Overtime Procedures:
Step 1: Manpower Assignments must be offered by seniority in full time block increments to full-
time Telecommunicators who are not scheduled to work on the day of the overtime opportunity.
The full time block will then be offered to the Lead Telecommunicators who are not scheduled to
work on the day of the overtime opportunity.
Step 2: If no one voluntarily takes the full time block increments in Step 1, then the shift will be
offered in no less than two (2) hour increments, by seniority, to all full time employees, then Lead
Telecommunicators, until the required hours are filled.
Step 3: If no full-time employee volunteers, or if there are any remaining hours after Step 2 is
completed, said hours will be offered to Part-Time Telecommunicators.
Step 4: All remaining hours will be filled by reverse seniority. Telecommunicators on their RDO
will be ordered by reverse seniority to fill the shift vacancy.
If the Dispatch Center Supervisor is not working, a Lead Telecommunicator will make all calls
necessary to follow the above described method of allocation of overtime. If a Lead
Telecommunicator is not working, members of the bargaining unit will make all calls necessary.
If an error in providing these opportunities occurs, the only relief available to the member of the
bargaining unit who has lost out on an overtime opportunity will be limited to giving that employee
the primary right to work overtime when the next overtime opportunity exists, provided that each
step has been followed correctly, employees who volunteer for an overtime assignment, regardless
of full-time or part-time status, cannot be removed from that assignment by a more senior
employee unless they volunteer to give it up
Section 5.7 Shift Trades
By mutual agreement between employees and with the consent of the Chief or his designee, subject
to the operating needs of the department, individual employees may bid shift changes in addition
to the annual bid on a daily or longer basis.
Section 5.8 Shift Assignments and Bidding
Consistent with the following limitations, as well as scheduling and staffing requirements,
Bargaining Unit employees shall be able to exercise their seniority for selection of shift
assignments. Such selections, as limited by the bidding limitations specified below, shall be made
on an annual basis, based upon seniority as of the date the period of shift bidding commences.
Shift bidding for the next calendar year will commence on September 1 and conclude no later than
October 31. Bargaining Unit members will bid by ranking all shifts one (1) through four (4), with
one (1) being the most preferred and four (4) being the least preferred. Bargaining unit employees
will have two (2) working shifts in which to bid. A bargaining unit employee who does not bid
within the time allotted may bid at any time thereafter, subject to availability. Upon completion of
the bidding process, the City will complete shift assignments, and reserves the right to increase
staffing, as the City, in its sole discretion, deems appropriate.
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Bidding Limitations: Telecommunicators shall bid their shifts by seniority until all shifts have
been filled. It is understood by the parties that when Telecommunicators bid for shifts, they will
stay in the current day off group rotation unless they change shifts.
Shift Vacancies: If after shift bidding is complete, a vacancy occurs (60 calendar days or longer),
the initial immediate vacancy will be offered by seniority to the employees who initially bid the
rotation of the vacancy until the shift is filled voluntarily. Any remaining vacancies created will
be reasonably filled by the Chief of Police or his designee. No further bidding of shifts will occur
until the normal annual shift bidding procedure occurs. The shift bidding provisions above shall
begin on September 1st to be effective for the calendar year beginning January 1st, and shall
continue thereafter in subsequent calendar years.
Section 5.9 Training Pay
Employees who act as trainers shall be compensated at a rate of one (1) hour of the trainer’s regular
hourly rate for each shift during which they have trained for at least three (3) hours. No more than
two (2) trainers can receive the one (1) hour compensation per trainee per day. Employees who act
as trainers shall be compensated at a rate of one & one-half (1+1/2) hour of the trainer’s regular
hourly rate for each shift during which they have trained for a full twelve (12) hours.
ARTICLE 6 SENIORITY, LAYOFF AND RECALL
Section 6.1 Definition of Seniority
For purposes of this Agreement, seniority shall be defined as an employee’s length of continuous
service from the last date of beginning continuous full-time employment in a position covered by
this Agreement. Seniority shall accumulate during all authorized paid leaves of absence and during
suspensions of thirty (30) days or less. Seniority shall accumulate from the first day of an
authorized unpaid leave of absence or lay off for a period of one year from the date of leave or
layoff. Conflicts of seniority shall be determined on the basis of the order of the employee’s names
on the eligibility list from which they were hired.
Section 6.2 Probationary Period
All new employees and those hired after loss of seniority shall be considered probationary
employees until they have completed a probationary period of twelve (12) months of work. Time
absent from duty or not served for any reason such as, including but not limited to: unpaid leave
of absence, duty related injury or illness, jury duty, military leave, etc. shall not apply toward
satisfaction of the probationary period, except for holidays, vacation and paid sick leave.
Probationary employees shall be entitled to all rights, privileges and benefits provided for in this
Agreement, except that during an employee’s probationary period, the employee may be
terminated without cause. Such probationary employee shall have no recourse to the grievance
procedure to contest a layoff or termination. Furthermore, there shall be no seniority among
probationary employees for purposes of layoffs. Upon successful completion of the probationary
period, an employee shall acquire seniority which shall be retroactive to his last date of hire with
the City in a position covered by this Agreement.
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Section 6.3 Seniority List
On or about September 1st each year, the City will provide the Union with a seniority list of all
employees in the bargaining unit setting forth each employee’s seniority date and rank. The City
shall not be responsible for any errors in the seniority list unless such errors are brought to the
attention of the City in writing within thirty (30) calendar days after the Union’s receipt of the list.
Upon request in writing to the Police Chief, an updated seniority list will be provided to the Union
during the course of the year.
Section 6.4 Layoff
The City, at its discretion, shall determine whether layoffs are necessary. If it is determined that
layoffs are necessary, employees covered by this Agreement will be laid off in accordance with
their length of service, provided that, however, probationary employees shall be selected for layoff
based on relative skill and ability as determined by the Chief, and provided further that the
remaining employees are qualified to do the remaining work without further training. In the event
a non-probationary employee is laid off ahead of a probationary employee subject to the
aforementioned provision, said non-probationary employee or employees shall be given an
additional twelve (12) months (up to a total of twenty-four (24) months) for purposes of recall
pursuant to Section 6.6.
Section 6.5 Recall
Employees (including probationary employees) who are laid off shall be placed on a recall list, in
the reverse order of their layoff, for a period of twelve (12) months. If there is a recall, employees
who are still on the recall list shall be recalled, in the reverse order of their layoff, provided they
meet the City’s medical, physical fitness, and mental standards and are fully qualified to perform
the work to which they are recalled without further training. An employee who is recalled and fails
to meet such standards at the time of recall shall be passed over and returned to the top of the recall
list; such an employee will be eligible for a second recall for a future vacancy so long as he remains
on the recall list. An employee’s seniority will be terminated if he fails such standards upon a
second recall. Employees who are eligible for recall shall be given at least thirty (30) calendar
days’ notice of recall with the first of the thirty (30) days being the date the notice to the employee
is postmarked. The notice of recall shall be sent to the employee by certified mail, return receipt
requested, with a copy similarly mailed or personally delivered to a designated representative of
the Union. The employee must notify the Police Chief or designee of his intention to return to
work within three (3) calendar days after receiving notice of recall (but in no event later than thirty
(30) days from the date of postmark of the notice of recall. The City shall be deemed to have
fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to
the mailing address last provided by the employee, it being the obligation and responsibility of
each employee to provide the Police Chief or designee with his latest mailing address. If an
employee fails to timely respond to a recall notice or if an employee either declines the recall or
does not report to work as scheduled, his name shall be removed from the recall list. If the City
has not heard from the employee within thirty (30) calendar days of mailing a properly addressed
notice of recall, or if the notice is returned as undeliverable by the United States Postal Service,
whichever occurs first, the employee’s name shall be removed from the recall list.
Section 6.6 Termination of Seniority
Seniority for all purposes and the employment relationship shall be terminated if the employee:
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(a)quits; retires or is retired;
(b)is discharged for just cause;
(c)falsifies the reason for a leave of absence or is found to be working during a leave of
absence without prior written approval of the Chief;
(d)fails to report to work at the conclusion of an authorized leave of absence, layoff or
vacation;
(e)is laid off and fails to respond to a notice of recall within three (3) calendar days after
receiving notice of recall or to report for work at the time prescribed in the notice of recall
or otherwise does not timely respond to a notice of recall as provided in Section 6.5 of this
Agreement;
(f)is laid off or otherwise does not perform bargaining unit work for the City for a period in
excess of twelve (12) months; or
(g)is absent for three (3) consecutive working days without notification to or authorization
from the City.
ARTICLE 7 DISCIPLINE
Section 7.1 Discipline
The parties recognize that the Board of Police Commissioners of the City of McHenry has no
statutory authority over the employees covered by this Labor Agreement. The City agrees that
non-probationary covered members may be disciplined only for Just Cause. Any employee who
violates any rule, regulation, or policy, of the City of McHenry or the City of McHenry Police
Department, or who otherwise engages in misconduct, or whose performance is deficient may be
subject to disciplinary action. The Collective Bargaining Agreement between the City of McHenry
and the collective bargaining unit shall take precedence over the Personnel Policies and Procedures
Manual of the City of McHenry in the case of conflicting language. This Section shall not be
interpreted as a waiver of any bargaining right by the Union. An unpaid suspension day will be
defined as a block up to eight (8) hours. Example: Management implements a two (2) day unpaid
suspension, the total number of hours served will be sixteen (16) hours.
Section 7.2 Progressive Discipline
As a matter of policy, the City recognizes the principles of progressive and corrective discipline,
where applicable, but is generally the City’s policy to progress through each step. However,
nothing shall foreclose the City from seeking discipline commensurate with the offense. The City
also acknowledges that non-probationary employees may only be disciplined for Just Cause. The
City will notify the employee of pending disciplinary action in writing. Disciplinary measures will
be administered by the Chief of Police or designee in an objective and constructive manner. These
measures are intended to motivate the employee toward proper conduct in the future. Matters
pertaining to employee performance/behavior problems should not be discussed with or disclosed
to anyone except those who must be informed. Listed below indicates the types of disciplinary
actions that may be implemented:
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• Verbal Warning
• Employee Contact Form
• Letter of Direction
• Letter of Reprimand
• Suspension
• Termination
Section 7.3 Interrogation Rights
If the Employer intends to conduct an inquiry, investigation, or interrogation of an employee which
could result in a recommendation of disciplinary action such as transfer, suspension, dismissal,
loss of pay, reassignment, or similar action which would be considered a punitive measures, before
taking such action, the Employer shall follow the procedures set forth in 50 ILCS 725/1 or as
amended, including rights as set forth in the United States Supreme Court decision in NLRB v.
Weingarten, 420 U.S. 251 (1975) and the Department of Central Management Services &
Corrections (Morgan) decision, 1 PERI par. 2020 (ISLRB, 1985). Nothing in this Section is
intended to or should be construed to waive employee’s right to Labor Council representation
during questioning that the employee reasonably believes may lead to disciplinary action. The City
will provide no less than three (3) business days’ advance notice of any discipline, including any
meeting to discuss pending discipline in order to provide the covered member an opportunity to
have Labor Council representation present. Nothing in this Section shall be construed to limit or
waive the covered members’ rights. The interrogations shall take place at the McHenry Police
Department or other facility at the direction of the investigating Officer and at a reasonable time
of day.
An interrogation, for purposes of this Labor Agreement, shall be defined as when an employee is
subjected to formal oral or written questions by the employer which are specifically relating to
matters which could result in disciplinary action against the employee being questioned.
Requests/orders for employees to write supplemental reports, are not considered interrogations.
No employee covered by this Labor Agreement shall be subjected to interrogation without first
being informed in writing of the nature of the investigation and/or complaints. The disclosure shall
be sufficient so as to reasonably apprise the employee of the nature of the investigation. The
employee under investigation shall be informed of the name, rank, or command in charge of the
investigation, the interrogator, and all persons present during any interrogation. Interrogation
sessions shall be of reasonable duration and shall permit the employee interrogated reasonable
periods for rest and personal necessities. The employee being interrogated shall not be subjected
to professional or personal abuse, including offensive language. A complete electronically
recorded record of any interrogation shall be made, and a copy of the electronically recorded record
shall be made available to the employee and Labor Council under investigation without charge
and without undue delay. The employee under investigation may elect to have a written transcript
of the interrogation, however; the employee must then bear the entire cost of said written transcript.
No employee shall be interrogated without first being advised in writing that the covered member
has the right to have a Labor Council representative present to advise the covered member at any
stage of any interrogation. An employee under investigation may request Labor Council
representation at any time before or during the interrogation.
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Section 7.4 Pre-disciplinary Conference
Before the decision to impose disciplinary actions of suspension without pay, removal, or
discharge occurs, the Department Head, Supervisor, employee, and a representative provided by
the Labor Council (if requested by the employee) shall meet and confer over the facts giving rise
to the proposed disciplinary action. The Employer shall disclose the alleged facts giving rise to
disciplinary action and the employee will be allowed the opportunity to correct factual errors
and/or mistaken facts, to provide additional facts concerning the subject matter of the proposed
disciplinary action and/or to dispute the factual allegations.
Section 7.5 Grievance Arbitration
The provisions of this Article shall be subject to the grievance resolution procedures set forth in
Article 8 of this Labor Agreement except that oral reprimands and written reprimands shall not be
subject to grievance arbitration. The termination of probationary employees shall not be subject to
the grievance resolution procedures set forth in Article 8 of this Labor Agreement.
ARTICLE 8 GRIEVANCE PROCEDURE
A grievance filed against the City will be processed in the following manner. The parties may
bypass one (1) or more steps of the procedure by written mutual agreement. Grievances considered
to be a Labor Council grievance shall be filed at Step 2. The parties agree that the Chief of Police
or designee shall have the right to implement disciplinary action to include suspension or
termination of a covered member for only just cause. The decision of the Chief of Police or
designee with respect to any suspension or dismissal action shall be deemed final, subject only to
review of said decision through the grievance and arbitration procedure.
Section 8.1 Definition
A grievance is defined as a dispute or difference of opinion raised by an employee or the Labor
Council against the City involving an alleged violation, misinterpretation, or misapplication of an
express provision of this Labor Agreement.
Section 8.2 Procedure
A grievance filed against the City will be processed in the following manner. The parties may
bypass one (1) or more steps of the following procedure by written mutual agreement. Employees
are encouraged, but not required to, resolve the grievance informally through discussions with
their immediate supervisor who is not a member of any bargaining unit, and who is not otherwise
represented by any Union. If the Labor Council and City settle the grievance at any step, such
settlement shall be set forth in writing and signed by authorized representatives of the parties. Only
the Labor Council and City may settle the grievance at any step. If a grievance is not appealed to
the next step within the specified time limit or any agreed written extension thereof; it shall be
considered settled on the basis of the City’s last written response. If the City does not hold a
meeting or respond to a grievance or an appeal thereof within the specified time limits, the
aggrieved employee or Labor Council may elect to treat the grievance as denied at that step and
immediately appeal the grievance as denied at that step. The parties may by mutual agreement in
writing extend any of the time limits set forth in this Article. No member of any bargaining unit
shall have any authority to respond to a grievance being processed in accordance with the
grievance procedure set forth in this Article. Moreover, no action, statement, agreement,
settlement, or representation made by any member of any bargaining unit or other City employee
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represented by any Union shall impose any obligation or duty or be considered to be authorized
by or binding upon the parties unless the Employer and the Labor Council have agreed thereto in
writing. Grievances filed by the Labor Council on behalf of covered members shall be filed at Step
2.
•Step 1
Any employee and/or the Labor Council who has a grievance shall submit the grievance in writing
to the appropriate Division Commander containing a complete statement of the facts, provision or
provisions of the Labor Agreement which are alleged to have been violated as defined in 8.1
Definition and the specific relief requested. All grievances must be presented no later than seven
(7) calendar days from the date of the occurrence of the event first giving rise to the grievance or
within seven (7) calendar days after the employee or Labor Council, through the use of reasonable
diligence, could have obtained knowledge of the occurrence of the first event giving rise to the
grievance. The immediate supervisor shall render a written response to the grievant and Labor
Council within seven (7) calendar days after the grievance is presented.
•Step 2
If the grievance is not settled at Step 1 and the grievant and/or Labor Council wishes to appeal to
Step 2 of the grievance procedure, the grievance shall be submitted in writing to the Chief of Police
or designee within seven (7) calendar days after receipt of the City’s written response in Step 1, or
within seven (7) calendar days of when the City’s written response in Step 1 was due. The
grievance shall specifically state the basis upon which the grievant or Labor Council believes the
grievance was improperly denied at the previous step of the grievance procedure. The Chief of
Police or designee may meet to discuss the grievance with the grievant and Labor Council at a
mutually agreeable time within seven (7) calendar days of receipt of the grievance. The Chief of
Police or Labor Council may have other persons present whom they deem appropriate attend the
meeting. If no settlement of the grievance is reached, the Chief of Police or designee will provide
a written response within seven (7) calendar days of the meeting or, if no meeting is held, within
seven (7) calendar days after receipt of the grievance.
•Step 3
If the grievance is not settled at Step 2, the grievant and/or Labor Council wishes to appeal to Step
3 of the grievance procedure, it shall be submitted in writing to the City Administrator or designee
within seven (7) calendar days after receipt of the City’s written response in Step 2, or within seven
(7) calendar days of when the City’s written response in Step 2 was due. The grievance shall
specifically state the basis upon which the grievant and/or Labor Council believes the grievance
was improperly denied at the previous step of the grievance procedure. The City Administrator
may meet to discuss the grievance with the grievant and a Labor Council Representative at a
mutually agreeable time within seven (7) calendar days of the receipt of the grievance. The City
Administrator or the Labor Council may have other persons present they deem appropriate attend
the meeting. If no settlement of the grievance is reached, the City Administrator will provide a
written response within seven (7) calendar days of the meeting or, if no meeting is held, within
seven (7) calendar days after receipt of the grievance.
Section 8.3 Arbitration
If the grievance is not settled in Step 3, only the Labor Council may refer the grievance to
arbitration, as described below, within twenty-one (21) calendar days of the receipt of the City’s
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written response provided at Step 3 or when the City’s written response in Step 3 was due. The
parties shall attempt to agree upon an arbitrator within ten (10) calendar days after receipt of the
notice of referral. In the event the parties are unable to agree upon the arbitrator within said seven
(7) day period, the parties shall jointly request the Federal Mediation and Conciliation Service to
submit a panel of seven (7) arbitrators. Each party retains the right to reject one (1) panel in its
entirety and request that a new panel be submitted. Both the City and the Labor Council shall have
the right to alternately strike being determined by the flip of a coin. A coin flip shall determine
who has the first right to strike a name from the list. The Arbitrator shall be notified jointly by the
parties of their selection and shall be requested to set a time and place for the hearing, subject to
the availability of Labor Council and City representatives. The City and the Labor Council shall
have the right to request the Arbitrator to require the presence of witness or documents. The City
and the Labor Council retain the right to employ legal counsel. The Arbitrator shall submit the
award in writing within thirty (30) calendar days following the close of the hearing or the
submission of briefs by the parties, whichever is later. More than one (1) grievance may be
submitted to the same arbitrator only if both parties mutually agree to do so in writing. The fees
and expenses of the arbitrator and the cost of a court reporter and a written transcript, if any, shall
be divided equally between the City and the Labor Council; provided, however, that each party
shall be responsible for compensating its own representatives and witnesses.
Section 8.4 Limitations on Authority of Arbitrator
The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the
provisions of this Labor Agreement. The Arbitrator shall consider and decide only the question of
fact as to whether there has been a violation, misinterpretation or misapplication of the specific
provisions of this Labor Agreement. The Arbitrator shall be empowered to determine the issue
raised by the grievance as submitted in writing at Step 2. The Arbitrator shall have no authority to
make a decision on any issue not so submitted or raised. The Arbitrator shall be without power to
make any decision or award which is contrary to or inconsistent with, in any way, applicable laws
or court decisions, or rules and regulations of administrative bodies that have the force and effect
of law. The Arbitrator shall not in any way limit or interfere with the powers, duties and
responsibilities of the City under law and applicable court decisions. Any decision or award of the
Arbitrator rendered within the limitations of this Section 8.4 shall be final and binding upon the
City, Labor Council, and the employees covered by this Labor Agreement.
ARTICLE 9 NO STRIKE-NO LOCKOUT
Section 9.1 Strikes Prohibited
During the term of this Agreement, neither the Union nor any of its officers or agents, nor any
employees covered by this Agreement will, for any reason, instigate, promote, sponsor, aid,
condone or engage in any strike, sympathy strike, or any other intentional interruption or disruption
of the operations of the City, and no employee covered by this Agreement shall refuse to cross any
picket line, wherever established.
Section 9.2 Job Actions Prohibited
During the term of this Agreement, neither the Union nor any of its officers or agents, nor any
employees covered by this Agreement will, for any reason, instigate, promote, sponsor, aid,
condone or engage in any boycott, secondary boycott, residential hand billing, work slowdown,
speed-up, sit-down, concerted application of unauthorized or abnormal or unapproved
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enforcement procedures or policies, concerted disobedience of lawful orders of a superior,
concerted stoppage of work, concerted refusal to perform overtime, deliberate absenteeism,
picketing of any kind, except informational picketing as authorized by law, or any other intentional
interruption or disruption of the operations of the City.
Section 9.3 Violations of this Article
Any or all employees who violate any of the provisions of this Article may be discharged or
otherwise disciplined by the City, and the only issue that may be used in any proceeding in which
such discipline or discharge is challenged is whether or not the employee actually engaged in such
prohibited conduct. Such discipline may include any, some, or all of the employees involved. The
failure to confer a penalty in any instance is not a waiver of such right in any instance, nor is it a
precedent. Any disciplinary action taken by the City for employee activities prohibited by this
section shall not be considered a violation of this Agreement and shall not be subject to the
grievance and arbitration procedures of this Agreement.
Section 9.4 Council Notification of Employees
The Council agrees to notify all Union Officials and agents of their obligations and responsibility
for maintaining compliance with this Section, including their responsibility to abide by the
provisions of this Section by remaining at work (that is, those who are employees of the City)
during any interruption as outlined above. In addition, in the event of a violation of this Section of
this Article, the Illinois Fraternal Order of Police Labor Council agrees to inform its members of
their obligations under this Agreement and to encourage and direct them to return to work by all
means available under its Constitution, by-laws, or otherwise.
Section 9.5 No Lockout
The City will not lock out any employees during the term of this Agreement as a result of an actual
or anticipated labor dispute with the Union so long as there is good faith compliance by the Illinois
Fraternal Order of Police Labor Council with this Article.
Section 9.6 Judicial Relief
Nothing contained herein shall preclude the Employer from obtaining a temporary restraining
order, damages and other judicial relief as determined appropriate by the Court in the event the
Illinois Fraternal Order of Police Labor Council or any employees covered by this Agreement
violate this Article.
ARTICLE 10 HOLIDAYS AND PERSONAL BUSINESS LEAVE
Section 10.1 Holidays
The following are recognized as holidays for eligible employees: A holiday is defined as eight (8)
hours. A one-half (1/2) holiday is defined as four (4) hours.
Shift Employees Non-shift employees
New Year’s Day New Year’s Day
President’s Day Memorial Day
Memorial Day Independence Day
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Independence Day Labor Day
Labor Day Veterans Day
Veterans Day Thanksgiving Day
Thanksgiving Day Friday after Thanksgiving Day
Friday after Thanksgiving Christmas Eve
Christmas Eve Christmas Day
Christmas Day Eight (8) hours of floating Holiday Time
The City agrees to allow bargaining unit employees to use accrued holiday pay as paid time off in
lieu of cash payment as provided in Section 10.2 herein. Holiday pay shall accrue to an employee’s
credit on the actual holiday itself. Employees may use accrued holiday pay as paid time off by
requesting same in writing subject to the approval of the Chief of Police or his designee; such
approval not to be unreasonably withheld.
Section 10.2 Eligibility Requirements
Employees shall work all holidays when scheduled as part of their normal Departmental work
schedule. To be eligible to receive holiday pay or “paid time off” in recognition of a holiday, an
employee must work the full scheduled day before and after the holiday, when scheduled as part
of their normal department work schedule. The Chief shall permit an employee who was ill to
verify his illness so as to qualify for holiday pay by submitting to the Chief of Police or designee,
a note from the employee’s physician, or physician’s assistant or nurse practitioner verifying the
employee’s illness.
Section 10.3 Holiday Pay
Employees who satisfy the eligibility requirements of Section 10.2 shall receive either “holiday
time off” or “holiday pay” equivalent to the holidays for which he becomes eligible. Employees
wishing to take holiday time off in lieu of the holiday pay may request the holiday time off as if it
were personal business leave with the exception that such time must be requested in no less than
four (4) hour increments. Holiday time off requests shall be made no later than twenty-four (24)
hours in advance of the desired time off. In no event may an employee take holiday time off
without having first become eligible for the holiday. Holiday time must be used or paid prior to
the end of the calendar year in which it is earned. December holidays shall not be eligible to be
taken as holiday time off. Employees choosing to receive holiday pay and those employees who
have failed to take accrued holiday time off by November 30th shall be paid in a lump sum on the
first full pay period during the month of December, at a rate equivalent to a regular day’s pay (at
the employees straight time rate) for each of the ten (10) holidays in the calendar year for which
the employee satisfied the eligibility requirements and which the employee has not taken in the
form of paid leave as set forth in section 10.1 herein. Payment of holiday pay shall include
prospective pay for any holidays in December of said calendar year. In the event an employee
becomes ineligible for a paid December holiday after he has been compensated for it, the City may
deduct from his paycheck an amount equivalent to the pay provided for the holiday. Employees
who work the holiday shall receive one and one half (1½) times their regular rate of pay for all
hours worked.
Section 10.4 Personal Business Leave
With prior approval of the Police Chief or designee, employees shall receive paid leave, as denoted
below per calendar year, to attend to personal business. An option offered as part of participation
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in the Wellness Incentive of an additional personal day shall be defined as eight (8) hours as long
as the benefit is offered by the City. Newly hired regular full-time employees will receive the
following number of paid personal business leave days in their first calendar year:
Hiring Date Personal Business Leave Hours
Prior to April 1 32
Between April 1 and June 30 24
Between July 1 and October 31 16
November 1 or later 8
Personal business leave may be used in increments no smaller than one (1) hour increments. In
no event shall personal leave be converted to cash compensation or carried over into subsequent
years. Personal business leave requests shall be made no later than twenty-four (24) hours in
advance (except in an emergency) of the desired time off. The Chief may approve or deny such
requests. Such approval shall not be unreasonably denied. Under no circumstances will such
requests be approved if, at the time of the request, the absence, in the Chief’s judgment, would
cause another employee to be held over or called back to work.
ARTICLE 11 VACATIONS
Section 11.1 Eligibility and Allowances
Every employee shall be eligible to take paid vacation time after the completion of one (1) year of
continuous full time employment with the City in a position covered by this Agreement.
Employees shall start to earn vacation allowance as of their date of hire.
Bargaining unit employees shall be allowed to exercise their seniority for selection of vacation
time on an annual basis. Following the seniority shift bidding procedure as set forth in Section 5.8
herein, the Employer shall conduct vacation bids between November 1st and December 31st of
each year for vacation days to be used during the subsequent calendar year. Vacation allowances
shall be earned monthly, based on the following schedule:
Length of Completed Continuous Service Number of Hours per calendar year
After completion of one (1) year 80
After completion of six (6) years 120
After completion of thirteen (13) years 160
After completion of twenty (20) years 200
Employees shall earn vacation allowances for any month in which they receive compensation for
more than one hundred twenty (120) “hours of work”. For purposes of this Section only, actual
work time plus paid vacations, personal days and compensatory time shall be considered “hours
of work”. No other paid or unpaid absence from duty shall be counted as “hours of work”.
Section 11.2 Vacation Pay
The rate of vacation pay shall be the employee’s regular straight-time rate of pay in effect for the
employee’s regular job assignment.
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Section 11.3 Scheduling and Accrual
Bargaining unit employees shall be allowed to exercise their seniority for selection of vacation
time on an annual basis. Following the seniority shift bidding procedure as set forth in Section 5.8
herein, the Employer shall conduct vacation bids between November 1st and December 31st of
each year for vacation days to be used during the subsequent calendar year.
Vacation Bidding Process: Vacation Bids will be conducted for each classification. During the
vacation bidding process, only one (1) bargaining unit member from the CSO classification and
Records Classification can be on vacation or other benefit leave during a given time. During the
vacation bidding process the Dispatch classification will allow for a maximum of one (1)
bargaining unit member off per twelve (12) hour shift period.
Step 1: On or before November 1, the Police Chief or designee shall post a schedule of days
available for vacation use during the upcoming calendar year. The days available for use shall not
include the week of “Fiesta Days”, and such other days as designated by the Chief of Police in his
discretion; such discretion not to be unreasonably applied. The days available for use shall not
include:
• The first Thursday at 1600 hours, Saturday and Sunday of Fiesta Days
• The second Saturday and Sunday of Fiesta Days
• City Fireworks Day from 6pm – 12am
• On the day following City Fireworks Day from 12am – 3am
• Other days as designated by the Chief of Police, with such discretion not to be unreasonably
applied.
The bargaining unit employees shall select their vacation preferences in the order of their seniority
by classification, with the most senior employee having first choice, the next most senior employee
having second choice, and so on. Bargaining unit members will have two (2) working shifts in
which to pick their vacations. A bargaining unit member who does not select vacation time within
the time allotted may choose vacation time at any time thereafter, subject to availability.
Bargaining unit employees may make an initial first choice vacation selection of no more than two
(2) calendar weeks (or a maximum of eighty (80) hours for CSO and Records and a maximum of
ninety-six (96) hours for Dispatch. For purposes of this Article, “calendar week” means anywhere
from one (1) day to four (4) days for Dispatch (not to exceed 48 hours) and anywhere from one
(1) day to five (5) days for CSO and Records. After the initial vacation bidding has occurred, the
Employer shall create a unit-wide vacation schedule indicating all vacations scheduled in the initial
bid for all shifts.
Step 2: After bargaining unit members have chosen their first two (2) weeks eighty (80) to ninety-
six (96) hours of vacation, bargaining unit members may then choose to select their remaining
vacations from the vacation schedule, again in order of descending seniority.
The vacation periods selected pursuant to this procedure shall be submitted to the Police Chief or
designee for approval no later than December 31 each year. Thereafter, the Police Chief or
designee shall review the requests and post a vacation schedule on or before January 30. After the
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vacation schedule, has been posted, employees can trade, schedule, or reschedule vacation hours
only with the approval of the Police Chief or designee.
All Other Vacation Requests: Any remaining vacation hours not selected via the vacation bidding
process shall be requested for use in writing by the bargaining unit member affected and shall be
subject to approval by the Chief of Police or designee on a first-come, first-served basis. In the
event of two (2) or more requests for remaining vacation use, seniority shall prevail in awarding
vacation requests. Additional time off requests shall be approved by the Chief of Police or designee
based upon staffing levels which are managed by the City. Remaining vacation hours, not selected
in the seniority vacation bidding process, may be used in increments of four (4) hours.
Accrual: Vacation allowances are earned on a calendar year basis with the following exceptions.
After six (6) months of employment, a new hire may use up to forty (40) hours vacation time prior
to their first anniversary date. The use of such borrowed vacation hours shall be deducted from
vacation accruals posted on their first anniversary date.
Beginning the following January 1 and every January 1 thereafter, such employees will receive the
vacation hours they accrued during the prior calendar year for use in the calendar year in which
they are given. Second, on an employee’s anniversary date of employment in a year (after the
employee’s first) in which the employee becomes eligible to earn additional vacation hours (the
employee’s sixth, thirteenth, and twentieth anniversaries); the employee will receive the additional
hours on their anniversary for use during the remainder of the calendar year.
On the following January 1, the employee will receive the vacation hours accrued during the prior
calendar year based upon the new rate of vacation accrual. Vacations to be scheduled and taken
during a given calendar year are vacation allowances earned during the previous calendar year or
provided to the employee on their anniversary date of employment for use during the remainder
of the calendar year. All vacation hours must be taken by the end of the calendar year in which
they are to be scheduled, unless the employee through a written request receives authorization by
the Chief of Police to carry over vacation hours (not to exceed forty (40) hours) or sell back
vacation hours or a combination of the two. Such requests shall not reasonably be withheld.
Employees may take vacation time in four (4) hour increments. The Chief of Police or designee
reserves the right to cancel any or all approved vacation leaves in advance of there being taken
and/or to recall any employees from vacations in progress. Such cancellations and revocations
shall not be unreasonable.
ARTICLE 12 SICK LEAVE
Section 12.1 Purpose and Allowance
Sick leave with pay is provided as a benefit in recognition that employees do contract various
illnesses from time-to-time and that their financial resources may be diminished in such instances
if pay is discontinued, and that it may not be in the best interest or health of the employee or fellow
employees to work while sick. Any employee contracting or incurring an non-service connected
sickness or disability (except where the injury or illness is incurred while the employee is
performing compensated service outside of his employment with the City where compensation for
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such injury or illness is provided by the outside employer, i.e., workers’ compensation, sick leave,
etc.) shall receive sick leave with pay as set forth in this Article.
Section 12.2 Hours Earned in Accumulation
Employees shall be allowed eight (8) hours of sick leave for each month of service (which equals
a total accumulation of ninety-six (96) hours per year). Sick leave shall be earned by an employee
for any month in which the employee is compensated for more than eighty (80) “hours of work.”
For purposes of this Section only, accrued benefit days other than sick leave shall be considered
“hours of work”; no other paid or unpaid absence from duty shall be counted as “hours of work.”
Sick leave cannot be taken before it is actually earned.
Section 12.3 Notification
Notification of absence due to sickness shall be given to an individual designated by the Police
Chief (normally the Shift Supervisor on duty) as soon as possible on the first day of such absence
and every day thereafter (unless this requirement is waived by the Chief in writing), but no later
than one (1) hour before the start of the employee’s work shift. Failure to properly report an illness
without good cause may be considered as absence without pay and may subject the employee to
discipline.
Section 12.4 Medical Examination
The City may, at its discretion, require an employee to submit a physician’s verification of illness,
and such verification normally will be required for sick leave of three (3) consecutive duty shifts
or more. The City also may require a physician’s verification that the employee is well enough to
return to work. A medical certification/or verification of illness is acceptable as provided by a
physician, or physician’s assistant or nurse practitioner. Falsification of any verification of illness
shall be grounds for disciplinary action, which may include reimbursement by the employee to the
City for sick leave benefits wrongfully obtained. The City, at its option, may require an employee
to submit to an examination by a physician or other medical professional chosen by the City. If
the City requires an employee to submit to an examination by a physician designated by the City,
the City will pay the medical expenses to the extent they are not covered by insurance (i.e., the
employee shall not be responsible for such costs).
Section 12.5 Sick Leave Utilization
Sick leave shall be used in no less than one (1) hour increments. Sick leave may be utilized for the
purposes specified in Section 12.1, or as needed as a result of a family member’s illness, injury or
medical appointment as defined by the Illinois Employee Sick Leave Act, up to six (6) days of
accumulated sick leave per calendar year for absences due to illness, injury and medical
appointments for the employee’s child, spouse, sibling, parent, mother/father-in-law, grandchild,
grandparent or stepparent, or a party to a Civil union as defined by the Illinois Religious Freedom
Protection and Civil Union Act (750ILCS 75/) to seek medical attention for an existing medical
condition, or for a non-elective medical procedure. For purposes of Section 12.6(b), sick leave
may accrue to a maximum of 1000 hours of sick leave as of the end of each fiscal year. There shall
be no maximum accumulation or cap on sick days for use in accordance with Section 12.1. To the
extent permitted by law, employees on sick leave are required to remain at home unless
hospitalized, visiting their doctor, or acting pursuant to reasonable instructions for care.
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Section 12.6 Unused Sick Leave
(a) A full-time bargaining unit member in good standing who has used less than twenty-four (24)
hours during any calendar year may elect to receive a sick leave cash payment for difference
between twenty-four (24) hours and the number of sick leave hours actually used (twenty-four (24)
hours maximum). The number of days for which such employee elects cash compensation shall be
deducted from such employee’s accumulated sick leave. Employees who elect to receive such
payment for any calendar year must notify the Chief thereof by January 31 the following year,
with such payment to be made by February 28 of such following year.
(b) A full-time bargaining unit member in good standing (i) who has been placed on permanent
disability pension, or (ii) who has at least twelve (12) years of service on the Department as a full
time employee, or (iii) has at least twelve (12) years of service on the Department as a full time
employee, is eligible to retire, and who dies (in which case it will be the employee’s estate which
collects), is eligible to retire, and who elects to retire, shall be paid for unused sick leave days at
the rate of fifty percent (50%) of the employee’s regular rate of pay in effect on the 1st day of May
immediately preceding the employee’s last day of active work for the City for all accrued and
unused sick leave time as of the employee’s last day of active work for the City, up to a maximum
of one-thousand (1000) hours, provided the employee has accumulated at least four-hundred (400)
hours of unused sick leave will be paid fifty percent (50%) for all sick leave hours up to one-
thousand (1000), for a maximum of five hundred (500) hours of pay. In no event, shall any
employee be entitled to the benefits set forth in Section 12.6(b) if the employee is discharged,
unless such discharge is over turned by an administrative proceeding.
ARTICLE 13 ADDITIONAL LEAVES OF ABSENCE
Section 13.1 Unpaid Discretionary Leaves
The City may grant leaves of absence, without pay or salary, to employees for job-related reasons
(such as further training or study), which will enable employees to perform their usual and
customary duties with greater efficiency and expertise, or other valid reasons (such as prolonged
illness of the employee, his spouse, or his child or children or childbirth). No leave, if granted,
shall be for a period exceeding three hundred sixty-five (365) consecutive calendar days. The
denial of discretionary leaves shall not be subject to the dispute resolution and grievance procedure
of this Agreement.
Section 13.2 Military Leave
Military leave shall be granted in accordance with applicable Federal and/or State law. Employees
must apply for such leave as soon as they are aware of the need for such leave.
Section 13.3 Bereavement Leave
In the event of the death of an immediate family member, an employee may be permitted to be
absent from their job for up to three (3) workdays off with the City’s approval and receive regular
straight time pay. For purposes of this Section, immediate family shall include the following
persons related by blood, marriage or law to the employee: parents, spouse, children, siblings,
mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, spouse's
child, stepparent, spouse's grandparent, grandparents, and grandchildren and partner to a civil
union as defined by 750 ILCS 75/. In the event of the death of an extended family member, an
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employee may be permitted to be absent from his job for one (1) workday with the City’s approval
and receive regular straight time pay. For purposes of this Section, “extended family” shall include
aunts, uncles, nieces, nephews and cousins. Any absence to attend the bereavement of anyone who
is not a member of an employee’s immediate or extended family may be arranged with the City,
without pay, but previously accrued and unused benefit days other than sick leave may be utilized
in such case with the consent of the City. An employee shall provide satisfactory evidence of the
death and of the employee’s attendance at the funeral or service if so requested by the City. At the
City’s discretion, an employee may be permitted to use accrued benefit days other than sick leave,
up to a maximum of five (5) additional days, in connection with bereavement leave days to extend
bereavement leave or at the employee's option such leave may be arranged without pay.
Section 13.4 Jury Leave
An employee required to report for jury duty (including service on a grand jury) shall be excused
from work without loss of pay for jury duty which occurs on the employee’s scheduled duty days
and during the employee’s scheduled duty hours. An employee shall immediately notify the Police
Chief or designee as soon as the employee receives a notice to appear as a juror, and must provide
the Police Chief or designee with a copy of the jury summons prior to reporting for jury duty. In
order for employees to receive compensation from the City for such jury duty, the employee must
sign over to the City any compensation he receives for serving as a juror on days for which the
employee was scheduled to be on duty.
Section 13.5 Family and Medical Leave Act (“FMLA”) Leave
A leave of absence for reasons covered by the FMLA shall be granted in accordance with the
City’s published Family and Medical Leave Act policy and applicable law. A work day is defined
as an eight (8) hour day or forty (40) hours a week. unless the leave is for intermittent leave then
a work day is defined as a twelve (12) hour work day.
Section 13.6 Application for Leave
Unless otherwise required by law, any request for a leave of absence other than funeral leave under
this article shall be submitted in writing by the employee to the City or its designee as far in
advance as practicable. The request shall state the reason for the leave of absence and the
approximate length of time off the employee desires. Authorization for a leave of absence, if
granted, will be furnished to the employee by the City and it shall be in writing.
Section 13.7 Benefits While on Unpaid Discretionary Leave
Unless otherwise required by law, length of service and other benefits shall not accrue for an
employee who is on approved non-pay, discretionary leave status under this Article.
(a) Accumulated length of service shall remain in place during that leave and shall begin to accrue
again when the employee returns to work on a pay status.
(b) Upon return from leave, the City shall place the employee in his or her previous assignment,
if vacant. If not vacant, an employee returning from leave will be placed in the first available
assignment according to the employee’s seniority, where skill and ability to perform the work
without additional training is equal. If, upon the expiration of a leave of absence, there is no
work available for the employee, he shall go directly on layoff.
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(c) During an approved unpaid leave of absence or layoff under this Agreement, an employee shall
be entitled to coverage under applicable group medical and life insurance plans to the extent
provided in such plan(s), provided the employee makes arrangements for the change and
arrangements to pay the entire insurance premium involved, including the amount of the
premium previously paid by the City.
Section 13.8 Non-Employment Elsewhere
A leave of absence will not be granted to enable an employee to try for or accept employment
elsewhere or for self-employment without prior written approval of the Chief. Employees who
engage in employment elsewhere during such leave without such prior written approval may
immediately be terminated by the City.
ARTICLE 14 WAGES
Section 14.1 Base Wage
Employees covered by the Agreement shall be compensated in accordance with the wage schedule
attached hereto and incorporated herein as Appendix A.
Section 14.2 Tuition Reimbursement
Regular full-time employees enrolled in an educational course directly related to the employee’s
position with the City, may request reimbursement of tuition from the City. Reimbursement of
tuition is not guaranteed and is within the discretion of the City pursuant to the terms of this policy.
Each of the following conditions shall precede any such reimbursement. Only courses directly
related to the employee’s present position with the City shall qualify for tuition reimbursement.
To be eligible for reimbursement, prior to registration for the particular course, the employee shall
submit a request to his or her Department Head on the City’s Tuition Reimbursement Form. If the
Department Head recommends reimbursement for the course, it must also be approved by the City
Administrator. The City Administrator shall determine whether the conditions precedent to tuition
reimbursement are satisfied. Because of the nature of education as it relates to day-to-day activities
of all people, the determination of the City Administrator as to whether the course is directly
related to the employee’s position with the City shall be completely within his discretion and shall
be final. Funds for the reimbursement of the course must have been budgeted for the current fiscal
year. Reimbursement is limited to the tuition fee only, and may not exceed $1750 per fiscal year.
Tuition reimbursement may be paid only upon the City’s receipt of a certificate evidencing
completion of the course with a grade of “C” or better or, if the course if a pass/fail, then upon
receiving a “pass” grade and a receipt of full payment from the school, university or educational
institution.
Section 14.3 Deferred Compensation Plan (457K)
The City shall continue to make available to employees the same 457K Deferred Compensation
Plan provided all City employees. The City reserves the right to change, alter, amend, or eliminate
the plan as it deems appropriate.
Section 14.4 Lateral Transfers
Both the City and the Union recognize the value of newly hired employees with previous related
experience, and to that end, agree to the following: newly hired employees with previous
experience in their assigned job classification will begin at an advanced step of pay matrix, but in
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no event higher than Step 5 unless agreed to by the parties. The pay matrix step the employee is
placed on will only affect the employee’s pay, and will not be considered for seniority referenced
in any articles or sections of this Agreement. The City may exercise its discretion to place newly
hired employees with previous experience at an advance step on the matrix. The Union reserves
the right to object to the placement if the placement demonstrates that the City has abused its
discretion by effectuating a placement which is not warranted by the newly hired employees’
previous experience.
ARTICLE 15 UNIFORM ALLOWANCE
Section 15.1 Initial Uniform
All members of the bargaining unit shall be required to appear appropriately dressed for work. The
City shall furnish employees, upon completion of the initial training period, a complete set of
initial uniforms and equipment as specific below:
Records Clerks – Five (5) pair of pants; Two (2) sweaters; Three (3) long sleeve shirts; Three (3)
short sleeve shirts; One (1) pair of shoes; One (1) belt.
Community Service Officers – Five (5) pair of pants; One (1) winter jacket; One (1) rain coat;
Three (3) long sleeve shirts; Three (3) short sleeve shirts; One (1) pair of shoes; One (1) pair of
winter boots; One (1) belt.
Telecommunicator – Four (4) pair of pants; One (1) sweater and/or Fleece; Three (3) long sleeve
shirts; Three (3) short sleeve shirts; One (1) pair of shoes; One (1) belt; One (1) long sleeve polo
shirt; One (1) short sleeve polo shirt.
Lead Telecommunicator – Four (4) pair of pants; One (1) sweater and/or Fleece; Three (3) long
sleeve shirts; Three (3) short sleeve shirts; One (1) pair of shoes; One (1) belt; One (1) long sleeve
polo shirt; One (1) short sleeve polo shirt.
Section 15.2 Uniform Allowances and Reimbursement of Uniform Cleaning Expenses
Employees shall receive up to four hundred dollars ($400) per fiscal year (except for the first year
of employment or when uniforms change for initial issue) for uniform purchases, maintenance and
cleaning expenses. Newly hired employees will not be eligible for this provision in their first year
of employment if their hire date is November 1st or later.
Section 15.3 Return of Uniforms and Equipment
Upon separation from employment by the City, employees will be responsible for the return of
uniforms and equipment purchased with City funds or issued directly by the City, in good
condition, less normal depreciation and destruction in the course of employment.
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ARTICLE 16 INSURANCE
Section 16.1 Coverage and Cost
The City shall make available to non-retired bargaining unit employees and their dependents
substantially similar group health and hospitalization insurance, dental insurance, and vision
insurance coverage and benefits to that in existence for other City employees prior to the signing
of this Agreement. The City reserves the right to change or offer alternative insurance carriers,
health maintenance organizations, or benefit levels or to self-insure as it deems appropriate, so
long as the new or alternative coverage and benefit levels are substantially similar to those which
they are replacing. In order to control future health and hospitalization insurance cost increases,
the City also may alter employee deductibles and/or co-pay requirements provided such changes
shall likewise be applicable to all City employees. Employees may continue to elect to participate
in the City’s Health Care Benefits Salary Reduction Plan, in which they pay their share of
insurance costs with pre-tax dollars.
Section 16.2 Cost Containment
The City reserves the right to institute cost containment measures relative to insurance coverage
so long as the basic level of insurance benefits remains substantially the same. Such changes may
include, but are not limited to, mandatory second opinions for elective surgery, preadmission and
continuing admission review, prohibition on weekend admissions except in emergency situations,
and mandatory outpatient elective surgery for certain designated surgical procedures.
Section 16.3 Life Insurance
The current City coverage of thirty thousand dollars ($30,000.00) for life insurance for each
employee covered by this Agreement in effect at the time of the signing of this Agreement shall
continue for the life of the agreement, at no cost to the employee.
Section 16.4 Terms of Insurance Policies to Govern
The extent of coverage under the insurance policies (including HMO and self-insured plans)
referred to in this Agreement shall be governed by the terms and conditions set forth in said policies
or plans. Any questions or disputes concerning an employee’s claim for benefits under said
insurance policies or plans shall be resolved in accordance with the terms and conditions set forth
in said policies or plans and shall not be subject to the grievance and arbitration procedure set forth
in this Agreement. The failure of any outside insurance carrier(s) or plan administrator(s) to
provide any benefit for which it has contracted or is obligated shall result in no liability to the City,
nor shall such failure be considered a breach by the City of any obligation undertaken under this
or any other Agreement. However, nothing in this Agreement shall be construed to relieve any
insurance carrier(s) or plan administrator(s) from any liability it may have to the City, employee
or beneficiary of any employee.
Section 16.5 Waiver of Insurance
Any employee shall have the option to waive the right to receive medical, dental and/or vision
insurance coverage under the terms of this Section. If an employee waives any such insurance
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coverage, but thereafter chooses to reverse his decision, the reinstatement of each such insurance
shall be contingent upon the employee’s insurability and shall also be subject to such conditions,
limitations and restrictions as the City’s insurers may prescribe as a consequence of the employee’s
prior waiver and non-coverage.
Section 16.6 Employee Deductible and Co-Insurance Costs
The Employee’s premium contribution shall be limited to the following amounts and percentages
for the term of this agreement.
2021 Medical Insurance Plan Year (1/1/2021 – 12/31/2021)
Employee EE + Spouse EE + Child(ren) Family
PPO Plan $105.00 $240.00 $225.00 $415.00
HSA Plan $85.00 $230.00 $223.00 $361.76
HMO $24.45 $110.00 $116.23 $200.00
2022 Medical Insurance Plan Year (1/1/2022 – 12/31/2022)
Employee EE + Spouse EE + Child(ren) Family
PPO Plan $113.00 $260.00 $245.00 $435.00
HSA Plan $90.00 $240.00 $233.00 $385.00
HMO $25.00 $125.00 $120.00 $210.00
2023 Medical Insurance Plan Year (1/1/2023 – 12/31/2023)
Employee EE + Spouse EE + Child(ren) Family
PPO Plan $123.00 $273.00 $260.00 $457.75
HSA Plan $95.00 $250.00 $243.00 $405.00
HMO $27.50 $130.00 $125.00 $220.00
2024 Medical Insurance Plan Year (1/1/2024 – 12/31/2024)
Employee EE + Spouse EE + Child(ren) Family
PPO Plan $130.00 $292.00 $280.00 $477.00
HSA Plan $95.00 $265.00 $255.00 $420.00
HMO $27.50 $130.00 $125.00 $220.00
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2025 Medical Insurance Plan Year (1/1/2025 – 12/31/2025)
Employee EE + Spouse EE + Child(ren) Family
PPO Plan $138.50 $295.00 $285.00 $490.00
HSA Plan $98.00 $275.00 $265.00 $430.00
HMO $27.50 $130.00 $125.00 $220.00
5/1/2021 – 12/31/2023 Dental Insurance
Employee EE + Spouse EE + Child(ren) Family
$5.00 $29.00 $30.00 $55.00
5/1/2021 – 12/31/2023 Vision Plan Year
Employee EE + Spouse EE + Child(ren) Family
$1.00 $7.00 $7.50 $18.50
2024 – 2025 Dental Insurance
Employee EE + Spouse EE + Child(ren) Family
$5.50 $32.00 $34.50 $60.50
2024-2025 Vision Plan Year
Employee EE + Spouse EE + Child(ren) Family
$1.00 $8.25 $10.35 $24.75
Employee Deductible and Co-Pay Costs
During the term of this Labor Agreement, the City agrees that any such deductible and co-pay shall
be the same as those costs applicable to the general, non-contract employees, but may be less per
the labor negotiations.
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ARTICLE 17 EMPLOYEE ALCOHOL AND DRUG TESTING
Section 17.1 Statement of Policy
It is the policy of the City of McHenry that the public has the absolute right to expect persons
employed by the City in its Police Department will be free from the effects of drugs and alcohol.
The City, as the employer, has the right to expect its employees to report for work fit and able for
duty. The purposes of this policy shall be achieved in such a manner as not to violate any
established rights of the employees of the Police Department.
Section 17.2 Prohibitions
Except as ordered to do so in the line of duty, employees shall be prohibited from:
(a) Consuming, possessing or being under the influence of alcohol at any time during the
course of the work day or anywhere on any City premises, including City buildings,
properties, or City owned vehicles;
(b) Possessing, using, selling, purchasing or delivering any illegal drug at any time and at any
place, or abusing any prescription drug;
(c) Failing to report to the employee’s supervisor any known adverse side effects of medication
or prescription drugs which the employee may be taking.
Section 17.3 Drug and Alcohol Testing Permitted
The City shall have the right to require an employee to submit immediately to alcohol or drug
testing on a specified situation basis (as outlined below) or if the City has reasonable suspicion to
believe that: (a) an employee is being affected by the use of alcohol; or (b) has abused prescription
drugs; or (c) has used illegal drugs. The foregoing shall not limit the right of the City to conduct
any tests it may deem appropriate for persons seeking employment prior to their date of hire.
Specified situation testing may occur in the following circumstances:
(a) If an employee is involved in a motor vehicle accident or otherwise damages City or
personal property while in the performance of his duty;
(b) If an employee is injured, or injures another while in the performance of his duty;
(c) If an employee is to be promoted to a higher paying position or recalled from layoff; or
(d) If an employee has experienced excessive absenteeism or tardiness under circumstances
giving rise to a suspicion of off-duty drug or alcohol abuse.
Section 17.4 Order to Submit to Testing
At the time an employee is directed to submit to testing authorized by this Agreement, the City
shall provide the employee with a written notice, setting forth the objective facts and reasonable
inferences drawn from those facts which have formed the basis of the City’s decision to test. The
employee shall be given a reasonable opportunity to consult with a Union representative at the
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time the notice is given. Refusal to submit to such test may subject the employee to discipline, but
the employee’s taking of the test shall not be construed as a waiver of any objection or rights that
he or she may possess.
Section 17.5 Test to be Conducted
In conducting the testing authorized by this Agreement, the City shall:
(a) Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois
Clinical Laboratory Act that has or is capable of being accredited by the Substance Abuse
Mental Health Services Administration (SAMHSA).
(b) Establish a chain of custody procedure for both the sample collection and testing that will
ensure the integrity of the identity of each sample and test result. No employee covered by
this Agreement shall be permitted at any time to become a part of such chain of custody.
(c) Collect a sufficient sample of the same bodily fluid or material from an employee to allow
for initial screening, a confirmatory test, and a sufficient amount to be set aside reserved
for later testing if requested by the employee.
(d) Collect samples in such a manner as to preserve the individual employee’s right to privacy
while insuring a high degree of security for the sample and its freedom from adulteration.
Any employee ordered to submit to testing shall not be witnessed by anyone while
submitting a sample, except in circumstances where the laboratory or facility does not have
a “clean room” for submitting samples, or where there is reasonable suspicion that the
employee may attempt to compromise the accuracy of the testing procedure.
(e) Confirm any sample that tests positive in the initial screening for drugs by testing the
second portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or
an equivalent of better scientifically accurate and accepted method that provides
quantitative data about the detected drug or metabolites.
(f) Provide the employee tested with an opportunity to have the additional sample tested by a
clinical laboratory or hospital facility of the employee’s own choosing, at the employee’s
own expense; provided the employee notifies the City within seventy-two (72) hours of
receiving the results of the test and provided further that the laboratory or clinic and the
testing procedure, including chain-of-custody for the transfer of such sample, meets or
exceeds the standards established in this Agreement and is confirmed by a neutral third
party.
(g) Require that the laboratory or hospital facility report to the City that a blood or urine sample
is positive only if both the initial screening and confirmation test are positive for a
particular drug. The parties agree that should any information concerning such testing or
the results thereof be obtained by the City, inconsistent with the understandings expressed
herein (e.g., billings for testing that reveal the nature or number of tests administered), the
City will not use such information in any manner or form adverse to the employee’s
interests.
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(h) Require that with regard to alcohol testing, for the purpose of determining whether the
employee is under the influence of alcohol, test results showing an alcohol concentration
of .02 percent or more based upon the grams of alcohol per 100 millimeters of blood shall
be considered positive.
(i) Provide each employee tested with a copy of all information and reports received by the
City in connection with the testing and the results.
Ensure that no employee is the subject of any adverse employment action except emergency
temporary reassignment or relief from duty with pay during the tendency of any testing procedure.
Any such emergency reassignment or relief from duty shall be immediately discontinued in the
event of a negative test result, and the employee shall be fully reinstated to unrestricted duty status.
This Section shall not in any way limit the City’s right to take such action as it deems appropriate
if an employee is determined to have engaged in conduct prohibited by Section 17.2 of this Article
or in conduct that is otherwise subject to discipline.
Section 17.6 Disciplinary Action
Use, sale, purchase, delivery or possession of illegal drugs at any time, and at any place (on or off
the job) while employed by the City (except when authorized in the line of duty); abuse of
prescribed drugs, failure to report to the Chief any known adverse side effects of medication or
prescription drugs which the employee may be taking; and consumption, possession or being under
the influence of alcohol while on duty, or on City premises (except when authorized in the line of
duty), shall be cause for discipline, up to and including termination, subject to the disciplinary
procedures set forth Article 7 of this Agreement. In cases where, in the City’s discretion, discipline
less than discharge is determined to be appropriate, such discipline will be conditioned upon the
employee:
(a) agreeing to appropriate treatment as determined by the physician(s) involved;
(b) discontinuing use of illegal drugs or abuse of alcohol;
(c) agreeing to authorize persons involved in counseling, diagnosing and treating the employee
to disclose to the City Administrator, and/or the Human Resources Manager, the
employee’s progress, cooperation, drug and alcohol use and any dangers perceived in
connection with performing job duties and completion or non-completion of treatment;
(d) completing the course of treatment prescribed, including an “after-care” group for a period
of up to twelve (12) months;
(e) agreeing to submit to unlimited random testing during hours of work during the period of
“after-care,” and for a period of eighteen (18) months following the period of “after-care.”
Employees who do not agree to or act in accordance with the foregoing, or who test positive a
second or subsequent time for the presence of illegal drugs or alcohol during the hours of work,
shall be subject to discipline, up to and including discharge. This Article shall not be construed as
an obligation on the part of the City to return an employee on active status throughout the period
of rehabilitation if it is appropriately determined that the employee’s current use of alcohol or
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drugs prevents such individual from performing his duties or whose continuance on active status
would constitute a direct threat to the property and safety of others. Such employee shall be
afforded the opportunity, at his option, to use accumulated paid leave or take an unpaid leave of
absence pending treatment.
Section 17.7 Voluntary Request for Assistance
The City shall take no adverse employment action against any employee who voluntarily seeks
treatment, counseling or other support for an alcohol or drug related problem, other than that the
City may require reassignment of the employee with pay if he is unfit for duty in his current
assignment. The foregoing is conditioned upon the employee:
(a) agreeing to appropriate treatment as determined by the physician(s) involved;
(b) discontinuing use of illegal drugs or abuse of alcohol;
(c) agreeing to authorize persons involved in counseling, diagnosing and treatment of the
employee to disclose to City personnel the employee’s progress, cooperation, drug and
alcohol use and any dangers perceived in connection with performing job duties and
completion or non-completion of treatment;
(d) completing the course of treatment prescribed, including an “after-care” group for a period
of up to twelve (12) months; and
(e) agreeing to submit to unlimited random testing during hours of work during the period of
“after-care,” and for a period of eighteen (18) months following the period of “after-care.”
Employees who do not agree to or act in accordance with the foregoing, or who test positive for
the presence of illegal drugs or alcohol during the hours of work, shall be subject to discipline, up
to and including discharge. This Article shall not be construed as an obligation on the part of the
City to retain an employee on active status throughout the period of rehabilitation if it is
appropriately determined that the employee’s current use of alcohol or drugs prevents such
individual from performing his duties or whose continuance on active status would constitute a
direct threat to the property and safety of others. Such employee shall be afforded the opportunity,
at his option, to use accumulated paid leave or take an unpaid leave of absence pending treatment.
Upon successful completion of the treatment, the employee shall be returned to his position. This
Article also shall not in any way limit the City’s rights to take such action as the City in its
discretion deems appropriate if an employee engages in conduct prohibited by Section 17.2 of this
Article, or in conduct that is otherwise subject to discipline and is aggravated by drug or alcohol
abuse.
Section 17.8 Treatment
The City’s obligation to provide treatment under this Agreement for alcohol and substance abuse
shall be limited to services provided and paid for by the City’s insurance plan in which the
employee is enrolled.
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ARTICLE 18 EMPLOYEE STATUTORY RIGHTS
Section 18.1 Personnel Files
The City agrees to abide by the requirements of the “Personnel Record Review Act,” 820 ILCS
40. All written evidence of discipline shall stay in an employee’s personnel file. However, after
the passage of three (3) years, a written or verbal warning will not be utilized in establishing
subsequent discipline, provided that conduct similar to that giving rise to the warning has not
occurred during that period of time.
Section 18.2 Indemnification
The City agrees to abide by all statutory requirements for indemnification of public employees.
Section 18.3 Access to Arbitration
The parties agree that an alleged violation of Section 18.1 or 18.2 may not be taken to arbitration
under the grievance procedure.
ARTICLE 19 GENERAL PROVISIONS
Section 19.1 Gender
Unless the context in which they are used clearly requires otherwise, words used in this Agreement
denoting gender shall be deemed to refer to both the masculine and feminine.
Section 19.2 Ratification and Amendment
This Agreement shall become effective when ratified by the Union and the City Council and signed
by authorized representatives thereof and may be amended or modified during its term only with
mutual written consent of both parties.
Section 19.3 Fitness Examinations
If there is any question concerning an employee’s fitness for duty, or fitness to return to duty
following a layoff or leave of absence, the City may require, at its expense (to the extent not
covered by insurance), that the employee have an examination by a qualified and licensed
physician or other appropriate medical professional selected by the City. The City may also require
any or all employees to take a complete physical exam as often as once a year. Such physical
examinations shall not include employee drug or alcohol testing. Prior to requiring an employee
to release the results of an examination due to a question concerning his fitness for duty, as opposed
to a normal examination or one scheduled due to a return from a leave of absence of layoff, the
Chief shall provide the employee with written notice of the reasons for the examination.
Section 19.4 Outside Employment
Employees shall not be employed by employers other than the City, nor shall they contract for, or
accept anything of value in return for services, nor shall they otherwise be self-employed for
remuneration, without the written approval of the Police Chief within fourteen (14) days of the
Employee’s acceptance of outside employment. Employees wishing to hold outside jobs, including
self-employment, which will not result in a conflict of interest or infringe on their ability to do
their job for the City, shall apply in writing to the Police Chief for approval on a form provided by
the City. Such application shall be approved or denied within ten (10) working days after
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submission. Written approval will not be unreasonably withheld where the proposed employment
will not:
(a) present a conflict of interest;
(b) infringe on the employee’s ability to do his job for the City;
(c) unreasonably increase the City’s exposure to legal liability for the employee’s off-duty
activities; or
(d) negatively reflect upon the City or be prohibited by law.
If outside employment, including self-employment, has previously been approved or permitted by
the City, and if it later appears that such outside employment, including self-employment, will
result in a conflict of interest, infringe on the ability of the employee to do his job for the City,
increase the City’s exposure to legal liability, or negatively reflect upon the City or be prohibited
by law, prior approval for such outside employment may be revoked, provided that the employee
involved shall receive at least fourteen (14) calendar days advance notice in writing of such
revocation. The City shall not unreasonably revoke approval of outside employment.
Section 19.5 No Smoking
All employees are strongly encouraged to quit smoking. Any employees who do not quit smoking
may be required by the City of department policy to confine their smoking to a designated area(s).
Section 19.6 Special Assignment Employees
The City retains its right to participate in any governmental or inter-governmental agency having
an independent law enforcement authority or basis of jurisdiction. Without otherwise limiting an
employee’s legal rights, the parties agree that any contract disputes relating to an employee’s
hours, wages, or terms and conditions of employment that arise as a result of a decision rendered
by the intergovernmental agency shall not be subject to the grievance and arbitration procedure.
Any contract disputes relating to hours, wages, or terms and conditions of employment that arise
as a result of a decision rendered by the City of McHenry will remain subject to the grievance and
arbitration provisions of Article 8.
Section 19.7 Rules and Regulations
The City’s existing policies, procedures, rules and regulations, as well as those of its Police
Department, shall not be considered a part of this Agreement. Such policies and procedures shall
control unless in conflict with specific provisions of this Agreement. The Union acknowledges the
right of the City to make, alter, interpret and enforce reasonable and lawful rules, orders and
policies as it deems appropriate, consistent with the Management Rights Article of this Agreement.
Other than in an emergency situation, where the City seeks to add to, modify, alter, change, delete,
or otherwise amend or supplement the existing policies, procedures, rules, regulations, orders or
directives of the City or the Police Department, the City shall notify the Union in writing of the
proposed change(s) at least ten (10) days prior to the effective date of the modification of said non-
economic terms and conditions of employment, and shall provide a reasonable opportunity to the
Union, before the proposed modifications are finalized, to meet and discuss with the City the
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proposed modification. Any meeting that occurs pursuant to this Section shall be in the form of a
labor-management conference pursuant to Article 4 of this Agreement.
Section 19.8 Inoculations
The City shall offer, at City expense, a Hepatitis B Virus (HBV) Inoculation Series to all
employees. The City shall administer or provide a verification test of successful inoculation to any
employee that receives the inoculation series, and any additional inoculations. As non-
experimental inoculations become available (as approved by FDA) for additional strains of
hepatitis, Human Immune Deficiency Virus (HIV) related conditions or Acquired Immune
Deficiency Syndrome (AIDS) antibody positive conditions, such inoculations at City’s expense
shall be provided to employees.
Section 19.9 Communicable Diseases
The City and the employee shall notify each other as soon as possible if the employee, in the course
of his duties, has come into contact with persons found to have a contagious disease. If it is
determined that the employee has come into such contact, the City shall provide any medical
examination and/or diagnostic test, if necessary, to protect the safety of the employee and/or
members of his immediate family with whom he resides. Costs for treatment shall be paid for by
the City to the extent they are not otherwise covered by insurance.
Section 19.10 Replacement of Personal Property
In the event, any item of personal property specified below is lost or damaged in the course of an
employee’s duties while the employee is exercising due care and caution under the circumstances,
the City will reimburse the employee for the repair or replacement of such item(s), provided the
incident and the amount of the loss or damage is promptly reported to the Police Chief or designee.
Further, the City’s responsibility under this Section shall not exceed three-hundred dollars ($300)
per employee, per incident, and the City, in its discretion, may pay only for the functional
equivalent of the personal property damaged, where the cost of the actual damaged property,
although under three-hundred dollars ($300), is deemed excessive by the Chief of Police. In the
event that the loss or damage is determined not to be in the course of employment or is found to
be due to the employee’s negligence or as a result of ordinary wear, no reimbursement shall be
made. The following items shall be subject to replacement or repair under the provisions of this
Section: eyeglasses, prescription sunglasses, contact lens, hearing aids and watches. The City
reserves the right, upon application by an employee, to replace other personal property items at
the City’s sole discretion. The employee shall, when applicable, pursue court-ordered restitution,
and such restitution will be signed over to the City, up to the amount the City paid to the employee.
Section 19.11 Location of Meetings
All meeting for purposes of administering or negotiating this Agreement shall be held in McHenry,
Illinois unless mutually agreed upon otherwise.
Section 19.12 No Solicitation
While the City acknowledges that the Union may be conducting solicitation of City merchants,
residents or citizens, the Union agrees that none of its officers, agents or members will solicit any
person or entity for contributions or donations on behalf of the City of McHenry or the McHenry
Police Department. The Union agrees that the City name, badge, insignia, communication systems,
supplies and materials will not be used for solicitations purposes. Solicitation by bargaining unit
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employees may not be done on work time or in work areas. Neither the Lodge nor the Illinois
Fraternal Order of Police Labor Council, nor its agents or representatives may use the words
“McHenry Police Department” or “City of McHenry” in its name. The Union further agrees that
any written or oral solicitation of McHenry residents, citizens or merchants and businesses will
include the words “This solicitation is not made on behalf of, nor do receipts go to the benefit of,
the McHenry Police Department of the City of McHenry.” The foregoing shall not be construed
as a prohibition of lawful solicitation efforts by the Lodge or Illinois Fraternal Order of Police
Labor Council directed to the general public, nor shall it limit the City’s right to make public
comments concerning solicitation.
ARTICLE 20 SAVINGS CLAUSE
In the event any Article, section or portion of this Agreement should be held invalid and
unenforceable by any board, agency or court of competent jurisdiction or by reason of any
subsequently enacted legislation, such decision or legislation shall apply only to the specific
Article, section or portion thereof specified in the board, agency or court decision or subsequent
litigation, and the remaining parts or portions of this Agreement shall remain in full force and
effect. If there is a conflict between the provisions of this Agreement and any legal obligations or
affirmative action requirements imposed on the City by federal or state law, such legal obligations
or affirmative action requirements thus imposed shall be controlling.
ARTICLE 21 IMPASSE RESOLUTION
Upon the expiration of this Agreement, the remedies for the resolution of any bargaining impasse
shall be in accordance with the Illinois Public Labor Relations Act, Section 14, as amended, with
the following exception: The neutral interest arbitrator shall be selected in accordance with the
selection procedure set forth in Section 8.3 of this Agreement, with the provision that the entire
panel of arbitrators requested has experience in interest arbitration.
ARTICLE 22 ENTIRE AGREEMENT
This Agreement constitutes the complete and entire agreement between the parties, and concludes
collective bargaining between the parties for its term. This Agreement supersedes and cancels all
prior practices and agreements, whether written or oral, unless expressly stated in this Agreement.
The parties acknowledge that during the negotiations which resulted in this Agreement, each had
the unlimited right and opportunity to make demands and proposals with respect to any subject or
matter not removed by law or ordinance from the area of collective bargaining, and that the
understandings and agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement. The City and the Union, for the duration of this
Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other
shall not be obligated, to bargain collectively with respect to any subject or matter, whether or not
referred to or covered in this Agreement, even though such subjects or matters may not have been
within the knowledge or contemplation of either or both of the parties at the time they negotiated
or signed this Agreement. It is expressly agreed that the City may unilaterally exercise any
management rights consistent with Article 3 even though the exercise of such rights may involve
subjects or matters not referred to or covered in this Agreement.
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ARTICLE 23 TERM OF AGREEMENT
This Agreement shall be effective from May 1, 2021 and shall remain in full force and effect
through April 30, 2025. It shall automatically be renewed from year to year thereafter, unless either
party shall notify the other in writing at least ninety (90) days prior to the anniversary date that it
desires to modify this Agreement. In the event that such notice is given, negotiations shall begin
no later than sixty (60) days prior to the expiration date. Notwithstanding any provision of this
Article or Agreement to the contrary, this Agreement shall remain in full force and effect after the
expiration date and until a new agreement is reached unless either party gives at least ten (10) days
written notice to the other party of its desire to terminate this Agreement, provided such
termination date shall not be before the anniversary date set forth in the preceding paragraph.
Executed this day ___________________________, 2021.
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CITY OF MCHENRY: ILFOP LABOR COUNCIL:
Wayne S. Jett Date Ryan Miller Date
Mayor Unit Steward
Monte Johnson Date Amy McKendry Date
Deputy City Clerk Unit Steward
SEAL: Marybeth Varvil Date
Unit Steward
______________________________
David Porter Date
Union Steward
______________________________
Kevin S. Krug Date
FOP Labor Council
Northern Field Supervisor
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APPENDIX A - WAGE SCHEDULES
Telecommunicators Current May 1, 2021 May 1, 2022 May 1, 2023 May 1, 2024
2.00% 2.25% 2.25% 2.50%
Start 54,687.78 55,781.54 57,036.62 58,319.94 59,777.94
After 1 Year 56,618.22 57,750.58 59,049.97 60,378.59 61,888.05
After 2 Years 58,549.87 59,720.87 61,064.59 62,438.54 63,999.50
After 3 Years 60,482.68 61,692.33 63,080.41 64,499.72 66,112.21
After 4 Years 62,417.86 63,666.22 65,098.71 66,563.43 68,227.52
After 5 Years 64,348.31 65,635.28 67,112.07 68,622.09 70,337.64
After 6 Years 66,282.30 67,607.95 69,129.13 70,684.54 72,451.65
After 7 Years 68,217.48 69,581.83 71,147.42 72,748.24 74,566.95
After 8 Years 70,147.93 71,550.89 73,160.79 74,806.91 76,677.08
After 9 Years 72,087.84 73,529.60 75,184.02 76,875.66 78,797.55
Lead
Telecommunicators 75,692.23 77,206.07 78,943.21 80,719.43 82,737.42
Community Service Current May 1, 2021 May 1, 2022 May 1, 2023 May 1, 2020
Officers and
Records Clerks 2.00% 2.25% 2.25% 2.50%
Start 42,061.79 42,903.03 43,868.35 44,855.39 45,976.77
After 1 Year 44,148.39 45,031.36 46,044.57 47,080.57 48,257.58
After 2 Years 46,236.14 47,160.86 48,221.98 49,306.97 50,539.64
After 3 Years 48,319.17 49,285.55 50,394.47 51,528.35 52,816.56
After 4 Years 50,405.78 51,413.90 52,570.71 53,753.55 55,097.39
After 5 Years 52,494.73 53,544.62 54,749.37 55,981.23 57,380.76
After 6 Years 54,580.12 55,671.72 56,924.33 58,205.13 59,660.26
After 7 Years 56,667.91 57,801.27 59,101.80 60,431.59 61,942.38
After 8 Years 58,753.30 59,928.37 61,276.76 62,655.49 64,221.88
After 9 Years 60,845.82 62,062.74 63,459.15 64,886.98 66,509.15
50
Final Draft 03/31/2021 39
APPENDIX B - AGREEMENT TO EXTEND TIME LIMITS
The City of McHenry and the Illinois Fraternal Order of Police Labor Council by its authorized
representative do hereby agree to extend the time limits for further processing the grievance
commonly referred to as the grievance. This
grievance is currently at Step of the grievance procedure. It shall be frozen at that step to
allow the parties further opportunity to investigate the dispute until either party delivers to the
other a written notice demanding that the grievance processing resume. Neither party waives its
position or rights with regard to this grievance by making this agreement to extend the time limits.
This form is also available for use in connection with the holding of a grievance meeting under the
Agreement. For use in that connection, it is hereby agreed that the seven (7) calendars day period
for holding the meeting is hereby extended to and including
__________________________________.
FOR THE EMPLOYER DATE
FOR THE LABOR COUNCIL DATE
51
Final Draft 03/31/2021 40
APPENDIX C - DUES AUTHORIZATION FORM
ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL
974 CLOCK TOWER DRIVE
SPRINGFIELD, ILLINOIS 62704
I, , understand that under the U.S.
Constitution I have a right not to belong to a Union. By my signature I hereby waive this right and
opt to join the IL FOP Labor Council. I, _____________________________________, hereby
authorize my Employer, the City of McHenry, to deduct from my wages the uniform amount of
monthly dues set by the Illinois Fraternal order of Police Labor Council, for expenses connected
with the cost of negotiating and maintaining the collective bargaining agreement between the
parties and to remit such dues to the Illinois Fraternal Order of Police Labor Council as it may
from time to time direct. In addition, I authorize my employer to deduct from my wages any back
dues owed to the Illinois Fraternal Order of Police Labor Council from the date of its certification
as exclusive bargaining representative to the date this dues deduction is implemented, in such
manner as it so directs.
Date: Signed:
Address:
City:
State: Zip:
Telephone:
Employment Start Date:
Title:
-------------------------------------------------------------------------------------------
Employer, please remit all dues deductions to:
Illinois Fraternal Order of Police Labor Council
Attn: Accounting
974 Clock Tower Drive
Springfield, Illinois 62704
(217) 698-9433
Dues remitted to the Illinois Fraternal Order of Police Labor Council are not tax deductible as
charitable contributions for federal income tax purposes; however, they may be deductible on
Schedule A of Form 1040 as a miscellaneous deduction.
52
Department of Public Works
Troy Strange, P.E., Director of Public Works
1415 Industrial Drive
McHenry, Illinois 60050
Phone: (815) 363-2186
Fax: (815) 363-2214
www.cityofmchenry.org
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented, efficient and fiscally responsible manner.
CONSENT AGENDA SUPPLEMENT
DATE: April 5, 2021
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
Greg Gruen, P.E., Staff Engineer
RE: 2021 Rebuild Illinois Bond Funded Resurfacing Program
ATT: Bid Tabulation
HR Green, Inc. Recommendation to Award
Project Location Map
IDOT Resolution
AGENDA ITEM SUMMARY:
Staff requests City Council to consider awarding a contract to Geske and Sons, Inc. of Crystal Lake,
Illinois for the 2021 Rebuild Illinois Bond Funded Road Program and to approve an IDOT
Resolution for Improvement authorizing the use of State Funds for the project. Staff further
requests that City Council approve a construction contingency of ten percent (10%) of the
awarded contract value.
BACKGROUND:
The Fiscal Year 2021/2022 Budget is planned to include $2,000,000 for the 2021 Road Program
which will be completed with $900,000 in State Motor Fuel Tax (MFT) funds, $600,000 in Rebuild
Illinois Bond Funds, and $500,000 in Municipal Retail Motor Fuel Tax (MFT) Funds. The program
is divided between two projects; the first project is funded through State MFT funds ($900,000)
and Municipal Retail MFT funds ($500,000), and the engineering work is being completed “in-
house” with Public Works staff. The first portion of the project was awarded at the March 15
City Council meeting.
The second portion of the project, which is currently being awarded, is funded through Rebuild
Illinois bond funds and the engineering work is being completed through a retained consultant.
This contract includes 1.71 miles of resurfacing locations within Green Valley Subdivision,
Whispering Oaks, Edgebrook Heights, as well as locations on 3 rd and 4th Streets.
53
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented, efficient and fiscally responsible manner.
At the October 19, 2020 City Council Meeting, the City Council approved the 2021 Road
Resurfacing Program as presented by staff and authorized staff to publicly bid the project. On
March 9, 2021, a total of six (6) bids were received for this portion of the overall project. A
summary of the bids is as follows:
Arrow Road Construction $655,590.85
Curran Contracting Company $624,003.84
Geske and Sons, Inc. $571,656.84
Payne & Dolan, Inc. $599,833.59
Peter Baker and Son, Company $638,989.24
Schroeder Asphalt Services, Inc. $633,602.34
The Engineer’s Estimate of Cost for this project was $724,184.84. After a detailed review of the
bids and line items, staff has concluded that Geske and Sons, Inc. is the lowest responsible bidder
with a bid of $571,656.84.
Because the awarded contract will utilize State funds, the IDOT Resolution for Maintenance will
be approved by the City Council in conjunction with the award of the contract . Because the
contract is being awarded prior the adoption of the Fiscal Ye ar 2021/2022 Budget, the contract
will be contingent upon the adoption of the Fiscal Year 2021/2022 Budget by City Council and
inclusion of the expenditure of these funds in the budget document.
ANALYSIS:
Staff has analyzed and checked the bids for accuracy and recommends awarding the contract to
Geske and Sons, Inc. of Crystal Lake, Illinois. This is a unit price contract and the final cost of
construction will be based upon final measured and documented quantities.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to award a contract for the 2021 Rebuild
Illinois Bond Funded Road Program to Geske and Sons, Inc. of Crystal Lake, Illinois in the
amount of $571,656.84 and to approve a Resolution for Improvement authorizing the use of
State Funds for the project. Award of the contract is contingent upon the approval of the Fiscal
Year 2021/2022 Budget and inclusion of the expenditure of these funds in th e budget
document. It is further recommended to approve a construction contingency in the amount of
ten percent (10%) of the awarded contract price ($57,165.68). The final contract price will be
based on final measured quantities and may vary from the original contract amount.
54
420 North Front Street | Suite 100 | McHenry, IL 60050
Main 815.385.1778 + Fax 815.385.1781
HRGREEN.COM
March 12, 2021
Mr. Troy Strange, PE - Director of Public Works
City of McHenry
Public Works Department
1415 Industrial Drive
McHenry, Illinois 60050
RE: City of McHenry - 2021 Resurfacing Project - Bid Tabulation and Letter of Recommendation
HR Green Job No. 201359
Dear Mr. Strange:
The City of McHenry received six (6) bid proposals for the 2021 Resurfacing project at the bid opening on March
9, 2021. The six bids ranged in price from a low bid of $571,656.84 (as corrected) submitted by Geske and Sons,
Inc. Asphalt Paving, to a high bid of $655,590.85 submitted by Arrow Road Construction Co.; and represents
competitive pricing for work of this nature. See the attached bid tabulation for further information.
We have analyzed the bid documents and checked them for accuracy and find Geske and Sons, Inc. Asphalt
Paving of Crystal Lake, Illinois to be the lowest qualified bidder. HR Green, Inc. recommends award of the
contract to Geske and Sons, Inc. Asphalt Paving. in the amount of $571,656.84. As with all unit price contracts,
the final project amount will be determined after completion of the work.
Please let me know if you have any questions or need any additional information .
Sincerely,
HR GREEN, INC
Chad J. Pieper, P.E.
Project Manager - Governmental Services
CP/tcn
Cc: Greg Gruen, PE – City of McHenry
Ben Hartman, PE – HR Green
Attachment
J:\2020\201359\Corr\recltr-031021-cp.docx
55
HR Green, Inc.
420 N. Front Street
McHenry, IL 60050
Project:City of McHenry - 2021 Resurfacing Program Engineer:Pieper
Bids Rec'd:6
Job No.:201359
NO.DESCRIPTION UNIT QTY Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount
1 BITUMINOUS MATERIALS (TACK COAT)POUND 8,487 $0.01 $84.87 $0.01 $84.87 $0.01 $84.87 $0.01 $84.87 $0.01 $84.87 $0.01 $84.87 $0.01 $84.87
2 BITUMINOUS MATERIALS (PRIMECOAT)POUND 46,622 $0.01 $466.22 $0.01 $466.22 $0.01 $466.22 $0.01 $466.22 $0.01 $466.22 $0.01 $466.22 $0.01 $466.22
3 POLYMERIZED HOT-MIX ASPHALT BINDER COURSE, IL-4.75, N50 TON 440 $90.00 $39,600.00 $82.45 $36,278.00 $84.00 $36,960.00 $84.75 $37,290.00 $82.00 $36,080.00 $84.25 $37,070.00 $87.95 $38,698.00
4 HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N50 TON 2,780 $75.00 $208,500.00 $59.25 $164,715.00 $62.50 $173,750.00 $61.75 $171,665.00 $69.00 $191,820.00 $67.70 $188,206.00 $59.30 $164,854.00
5 HOT-MIX ASPHALT SURFACE COURSE, MIX 'D', IL-9.5, N50 TON 2,530 $80.00 $202,400.00 $63.90 $161,667.00 $63.50 $160,655.00 $66.75 $168,877.50 $76.50 $193,545.00 $67.95 $171,913.50 $70.95 $179,503.50
6 INCIDENTAL HOT-MIX ASPHALT SURFACING TON 20 $100.00 $2,000.00 $65.00 $1,300.00 $130.00 $2,600.00 $200.75 $4,015.00 $80.00 $1,600.00 $171.00 $3,420.00 $285.00 $5,700.00
7 HOT-MIX ASPHALT SURFACE REMOVAL, BUTT JOINT SQ YD 307 $10.00 $3,070.00 $5.00 $1,535.00 $6.25 $1,918.75 $25.00 $7,675.00 $5.00 $1,535.00 $1.00 $307.00 $12.00 $3,684.00
8 HOT-MIX ASPHALT SURFACE REMOVAL, DRIVEWAY BUTT JOINT SQ YD 110 $15.00 $1,650.00 $10.00 $1,100.00 $8.25 $907.50 $25.00 $2,750.00 $6.00 $660.00 $5.00 $550.00 $12.00 $1,320.00
9 HOT-MIX ASPHALT SURFACE REMOVAL, 2-3/4"SQ YD 7,310 $3.00 $21,930.00 $2.60 $19,006.00 $2.20 $16,082.00 $2.85 $20,833.50 $2.00 $14,620.00 $3.05 $22,295.50 $2.90 $21,199.00
10 HOT-MIX ASPHALT SURFACE REMOVAL, 3-3/4" (SPECIAL)SQ YD 19,070 $4.50 $85,815.00 $2.35 $44,814.50 $3.60 $68,652.00 $3.75 $71,512.50 $2.75 $52,442.50 $3.42 $65,219.40 $6.15 $117,280.50
11 DRIVEWAY PAVEMENT REMOVAL AND REPLACEMENT, 3 INCH SQ YD 45 $50.00 $2,250.00 $35.00 $1,575.00 $47.00 $2,115.00 $90.00 $4,050.00 $30.00 $1,350.00 $49.00 $2,205.00 $90.40 $4,068.00
12 AGGREGATE BASE COURSE REMOVAL AND REPLACEMENT, 12"SQ YD 555 $25.00 $13,875.00 $13.00 $7,215.00 $30.00 $16,650.00 $30.00 $16,650.00 $21.00 $11,655.00 $34.60 $19,203.00 $15.00 $8,325.00
13 AGGREGATE SHOULDERS, TYPE B TON 110 $35.00 $3,850.00 $58.00 $6,380.00 $37.50 $4,125.00 $36.50 $4,015.00 $35.00 $3,850.00 $44.35 $4,878.50 $43.75 $4,812.50
14
PORTLAND CEMENT CONCRETE SIDEWALK REMOVAL AND
REPLACEMENT, 5"SQ FT 2,500 $10.00 $25,000.00 $11.55 $28,875.00 $11.55 $28,875.00 $11.55 $28,875.00 $10.75 $26,875.00 $11.55 $28,875.00 $11.55 $28,875.00
15 DETECTABLE WARNINGS SQ FT 208 $30.00 $6,240.00 $31.00 $6,448.00 $31.00 $6,448.00 $31.00 $6,448.00 $40.00 $8,320.00 $31.00 $6,448.00 $31.00 $6,448.00
16
COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND
REPLACEMENT FOOT 340 $35.00 $11,900.00 $34.30 $11,662.00 $34.30 $11,662.00 $34.30 $11,662.00 $45.00 $15,300.00 $34.30 $11,662.00 $34.30 $11,662.00
17 DRAINAGE AND UTILITY STRUCTURES TO BE ADJUSTED EACH 42 $400.00 $16,800.00 $450.00 $18,900.00 $450.00 $18,900.00 $450.00 $18,900.00 $375.00 $15,750.00 $175.00 $7,350.00 $400.00 $16,800.00
18 DRAINAGE AND UTILITY STRUCTURES TO BE RECONSTRUCTED EACH 6 $1,000.00 $6,000.00 $1,000.00 $6,000.00 $1,000.00 $6,000.00 $1,000.00 $6,000.00 $750.00 $4,500.00 $1,691.00 $10,146.00 $750.00 $4,500.00
19 SANITARY MANHOLES TO BE ADJUSTED EACH 27 $1,200.00 $32,400.00 $1,015.00 $27,405.00 $985.00 $26,595.00 $985.00 $26,595.00 $800.00 $21,600.00 $1,140.00 $30,780.00 $800.00 $21,600.00
20 FRAMES AND GRATES EACH 8 $200.00 $1,600.00 $390.00 $3,120.00 $390.00 $3,120.00 $390.00 $3,120.00 $400.00 $3,200.00 $300.00 $2,400.00 $400.00 $3,200.00
21 FRAMES AND LIDS EACH 8 $200.00 $1,600.00 $400.00 $3,200.00 $400.00 $3,200.00 $400.00 $3,200.00 $450.00 $3,600.00 $300.00 $2,400.00 $450.00 $3,600.00
22 THERMOPLASTIC PAVEMENT MARKING, LINE 6"FOOT 505 $0.75 $378.75 $2.25 $1,136.25 $2.25 $1,136.25 $2.25 $1,136.25 $1.75 $883.75 $2.25 $1,136.25 $2.25 $1,136.25
23 THERMOPLASTIC PAVEMENT MARKING, LINE 12"FOOT 270 $1.50 $405.00 $4.00 $1,080.00 $4.50 $1,215.00 $4.50 $1,215.00 $3.50 $945.00 $4.00 $1,080.00 $4.00 $1,080.00
24 THERMOPLASTIC PAVEMENT MARKING, LINE 24"FOOT 274 $5.00 $1,370.00 $8.00 $2,192.00 $9.00 $2,466.00 $9.00 $2,466.00 $7.00 $1,918.00 $8.00 $2,192.00 $8.00 $2,192.00
25 TRAFFIC CONTROL AND PROTECTION, STANDARD 701501 L SUM 1 $20,000.00 $20,000.00 $15,500.00 $15,500.00 $1,750.00 $1,750.00 $4,500.00 $4,500.00 $21,000.00 $21,000.00 $18,699.00 $18,699.00 $4,500.00 $4,500.00
26 TRAFFIC CONTROL AND PROTECTION, STANDARD 701701 L SUM 1 $10,000.00 $10,000.00 $1.00 $1.00 $1,750.00 $1,750.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00
27 TRAFFIC CONTROL AND PROTECTION, STANDARD 701801 L SUM 1 $5,000.00 $5,000.00 $1.00 $1.00 $1,750.00 $1,750.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00
Total = $724,184.84 as corrected $571,656.84 $599,833.59 $624,003.84 $633,602.34 $638,989.24 as corrected $655,590.84
as read $583,806.84 599,833.59$ 624,003.84$ 633,602.34$ 638,989.24$ as read 655,590.85$
^
LOW BIDDER
Arrow Road ConstructionGeske and Sons Payne & Dolan Curran Contracting Schroeder Asphalt Peter Baker & Son
Date: 03/09/21
ENGINEER'S ESTIMATE
J:\2020\201359\Design\Bid\Bid_tab-030921.xlsx
56
LOCH GLEN LANE3RD STREETYOUNG STREET
VALLEY ROADKATIE
LANESOMERSET MALL4TH STREETResurfacing Location Map
McHenry County
McHenry County, IL ·0 1,500 3,000750
Feet
Legend
Resurfacing Locations
Data Source: ESRI, HR Green
Projection: IL State Plane East
Author: C. Pugh
HRG PLOT: 10:59:53 AM 1/26/2021 BY: cliu FILE: J:\2020\201359\Design\GIS\Resurfacing_Project_Location.mxd FRONT ROYAL COURTRONDA ROAD57
BLR 09110 (Rev. 05/08/20)
Resolution for Improvement
Under the Illinois Highway Code
Page 1 of 1Printed 03/12/21
Resolution Type
Original
Resolution Number Section Number
21-00900-00-RS
BE IT RESOLVED, by the
Governing Body Type
Council of the
Local Public Agency Type
City
of
Name of Local Public Agency
McHenry Illinois that the following described street(s)/road(s)/structure be improved under
the Illinois Highway Code. Work shall be done by
Contract or Day Labor
Contract .
NoYes
Is this project a bondable capital improvement?
For Roadway/Street Improvements:
Name of Street(s)/Road(s)Length
(miles)Route From To
Various Local Roads 1.71 Various Various Various
For Structures:
Name of Street(s)/Road(s)Existing
Structure No.Route Location Feature Crossed
BE IT FURTHER RESOLVED,
1. That the proposed improvement shall consist of
Resurfacing with hot-mix asphalt surface course, hot-mix asphalt binder course, curb and gutter removal and
replacement, sidewalk removal and replacement, as well as all other necessary and incidental work.
2. That there is hereby appropriated the sum of
Six-Hundred Twenty-Eight Thousand Eight-Hundred
Twenty-Two and 52/100------------------------------------------------- $628,822.52 Dollars () for the improvement of
said section from the Local Public Agency's allotment of Motor Fuel Tax funds.
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) certified originals of this resolution to the district office
of the Department of Transportation.
I,
Name of Clerk
Trisha Ramel
Local Public Agency Type
City Clerk in and for said
Local Public Agency Type
City
of
Name of Local Public Agency
McHenry in the State aforesaid, and keeper of the records and files thereof, as provided by
statute, do hereby certify the foregoing to be a true, perfect and complete original of a resolution adopted by
Governing Body Type
Council of
Name of Local Public Agency
McHenry at a meeting held on
Date
April 05, 2021
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this
Day
day of
Month, Year
.
.
(SEAL)Clerk Signature Date
Approved
Regional Engineer
Department of Transportation Date
REBUILD ILLINOIS BOND FUNDS
58
BLR 09110 (Rev. 05/08/20)Printed 03/12/21
Instructions for BLR 09110 - Page 1 of 2
NOTE: Form instructions should not be included when the form is submitted.
This form shall be used when a Local Public Agency (LPA) wants to construct an improvement using Motor Fuel Tax(MFT) funds. Refer to
Chapter 9 of the Bureau of Local Roads and Streets Manual (BLRS Manual) for more detailed information. For signature requirements
refer to Chapter 2, Section 3.05(b) of the BLRS Manual.
When filling out this form electronically, once a field is initially completed, fields requiring the same information will be auto-populated.
Is this project a bondable capital
improvement? Check Yes if the project was a bondable capital improvement, check no if it is not. An
example of a bondable capital project may include, but is not limited to: project development,
design, land acquisition, demolition when done in preparation for additional bondable
construction, construction engineering, reconstruction of a roadway, designed overlay
extension or new construction of roads, bridges, ramps, overpasses and underpasses, bridge
replacement and/or major bridge rehabilitation. Permanent ADA sidewalk/ramp
improvements and seeding/sodding are eligible expenditures if part of a larger capital
bondable project. A bondable capital improvement project does not mean the LPA was
required to sell bonds to fund the project, however the project did meet the criteria to be
bondable.
Resolution Number Enter the resolution number as assigned by the LPA, if applicable.
Resolution Type From the drop down box choose the type of resolution:
- Original would be used when passing a resolution for the first time for this project.
- Supplemental would be used when passing a resolution increasing appropriation above
previously passed resolutions.
- Amended would be used when a previously passed resolution is being amended.
Section Number Insert the section number of the improvement the resolution covers.
Governing Body Type From the drop down box choose the type of administrative body. Choose Board for County;
Council for a City or Town; President and Board of Trustees for a Village or Town.
LPA Type From the drop down box choose the LPA body type. Types to choose from are: County,
City, Town or Village.
Name of LPA Insert the name of the LPA.
Contract or Day Labor From the drop down choose either Contract or Day Labor.
Roadway/Street Improvements:
Name Street/Road Insert the name of the Street/Road to be improved. For additional locations use the Add
button.
Length Insert the length of this segment of roadway being improved in miles.
Route Insert the Route Number of the road/street to be improved if applicable.
From Insert the beginning point of the improvement as it relates to the Street/Road listed to the left.
To Insert the ending point of the improvement as it relates to the Street/Road listed to the left.
Structures:
Name Street/Road Insert the name of the Street/Road on which the structure is located. For additional locations
use the Add button.
Existing Structure No. Insert the existing structure number this resolution covers, if no current structure insert n/a.
Route Insert the Route number on which the structure is located.
Location Insert the location of the structure.
Feature Crossed Insert the feature the structure crosses.
1 Insert a description of the major items of work of the proposed improvement.
2 Insert the dollar value of the resolution for the proposed improvement to be paid for with MFT
funds in words followed by in the same amount in numerical format in the ().
59
BLR 09110 (Rev. 05/08/20)Printed 03/12/21
Instructions for BLR 09110 - Page 2 of 2
Name of Clerk Insert the name of the LPA clerk.
LPA Type Insert the type of clerk based on the LPA type. Types to choose from are: County, City,
Town or Village.
Name of LPA Insert the name of the LPA.
Governing Body Type Insert the type of administrative body. choose Board for County; Council for a City or Town;
President and Board of Trustees for a Village or Town
Name of LPA Insert the name of the LPA.
Date Insert the date of the meeting.
Day Insert the day Clerk is signing the document.
Month, Year Insert the month and year of the Clerk's signature.Seal
The Clerk shall seal the document here.
Clerk Signature Clerk shall sign here.
Approved The Department of Transportation shall sign and date here once approved.
A minimum of three (3) certified signed originals must be submitted to the Regional Engineer's District office.
Following IDOT's approval, distribution will be as follows:
Local Public Agency Clerk
Engineer (Municipal, Consultant or County)
District
60
Bill Hobson, Director of Parks and Recreation
McHenry Recreation Center
3636 Municipal Drive
McHenry, Illinois 60050
Phone: (815) 363-2160
Fax: (815) 363-3119
www.cityofmchenry.org/park_recreation
The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs
and services in a customer-oriented, efficient, and fiscally responsible manner.
CONSENT AGENDA SUPPLEMENT
DATE: April 5, 2021
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.
61
FOR COUNCIL MEETING ON APRIL 5, 2021
Shelter Rental Alcohol Permits
These are alcohol permit requests associated with shelter rentals
Date Applicant Address Park Purpose
05-22-21 Mary Matsoukas 2606 Wall Street PP B Birthday Party
07-31-21 Kathy Hettermann 3615 W. John Street PP A Family Picnic
08-07-21 Tom Schmidt 214 N. Dale Avenue Vets Family Picnic
08-14-21 Candi Reiche 1501 N. Riverside Drive PP B Family Reunion
Special Use Permits
These are special use permit requests associated with shelter rentals
Date Applicant Address Park Special Use
04/04/21 1st United Methodist 3717 W. Main Street PP Beach Easter Sunrise Service
05/22/21 Senior Solutions Adv. 720 S. Eastwood/Wdstck PP C Band
06/08/21 Above the Barre 5308 W. Elm Street Miller Point Dance Showcase
07/17/21 Phillip Sweeney 213 Barnwood Trail Miller Point Dam Yak Challenge
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
06-12-21 Juan Perez 1920 Quail Court/Wdstck Rooms A/B Birthday Party
08-07-21 Debbie Barrett 555 Wellington Drive Rooms A/B Wedding Shower
62
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65
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74
City of McHenry Council
Meeting Minutes
3.15.21
1
AGENDA
REGULAR CITY COUNCIL MEETING
Monday, March 15, 2021, 6:00 p.m.
In light of the current COVID-19 public health emergency, this meeting will be held remotely
only.
The public can observe and participate by connecting online via Zoom at
https://cityofmchenry.zoom.us/j/96885771057
Or call 312-626-6799, Meeting ID: 968 8577 1057
Call to Order: The City Council of the City of McHenry, Illinois, met in regular session on
Monday, March 15, 2021, 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 Schaef er-absent, Alderman
Harding-absent, Alderman Mihevc, Alderman Devine, Alderwoman Miller, and Mayor Jett.
Others present: Attorney McArdle, Administrator Morefield, Interim Director of Public Works
Strange, Director of Community Development Polerecky, Finan ce Director Lynch, Director of
Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk,
City Planner Sheriff, and City Clerk Ramel.
Pledge of Allegiance: Mayor Jett led the pledge.
Public Comments: Several residents attended the zoom meeting regarding concerns about
Blake Farms, an undecided future Apartment Complex, by Continental . They were given three
minutes to make a statement. The following residents expressed their concerns. It was noted
by Mayor Jett that there is not a proposal for the Apartment Complex, by Continental yet,
however once given The Council will allow residence to speak more on it.
Keith Varkallis, Kristine Reinhard, Patrick Kane, Daryl/Marcy Matthews, Karin Jackowiak all
took their turns speaking.
Consent Agenda: Motion to Approve the following Consent Agenda Items:
A. Motion to approve the continuation of the local disaster emergency for the City of
McHenry pursuant to Section 6-1-14, Declaration of Local Emergency, of the Municipal
Code to June 21, 2021; (City Attorney McArdle)
B. Motion to award a contract to Peter Baker and Son of Lake Bluff, Illinois in the amount
of $1,063,407.63 and a construction contingency in the amount of $106,340.76 for the
2021 Motor Fuel Tax Road Program; (Public Works Director Strange)
C. Motion to award a bid to Peter Baker and Son of Lake Bluff, Illinois in the amount of
$42.00 per ton for HMA Surface Mixture and $40.00 per ton for HMA Binder Mixture for
the 2021 Hot Mix Asphalt (FOB) Materials Program; (Public Works Director Strange)
75
City of McHenry Council
Meeting Minutes
3.15.21
2
D. Motion to approve and execute a Highway Authority Agreement for the property located
at 4713 W. Elm Street which covers portions of the City right of way on Meadow Lane,
south of Elm Street; (Public Works Director Strange)
E. Motion to approve an Ordinance amending Title 4, Chapter 6, Video Gaming Terminals,
Section 3, Limitations of Establishments and Terminals, Subsection B. Terminals,
increasing the maximum number of terminals permitted from 5 to 6; (City Administrator
Morefield)
F. Motion to renew Farm Lease Agreements for properties owned by the City of McHenry;
(Parks and Recreation Director Hobson)
G. March 1, 2021 City Council Meeting Minutes;
H. Issuance of Checks in the amount of $357,442.59;
I. Issuance of As Needed Checks in the amount of $193,473.94.
No Public Comments
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
Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devi ne,
Alderwoman Miller. 0-nays, 0-abstained. Motion carried.
Individual Action Item Agenda: None
Discussion Item:.
A. Presentation and Discussion regarding Proposed FY21/22 Budget for the General Fund,
General Fund Operating Departments, Recreation Center Fund, Water Fund, Sewer
Fund and Utility Fund. (City Administrator Morefield)
Summary of COVID 19- Revenues and impacts, The presentation went on for some time as
City Administrator Morefield explained each budget clearly to The Council.
Staff Reports: none
Mayor’s Report: A thank you from Mayor Jett regarding the help that The Council has provided
over the last year with our city and the challenges faced with COVID-19.
City Council Comments: Alderman Schaefer wanted to know how things went with Chief Birk
in regards to the events this weekend for St. Patrick’s Day celebrations. Chief Birk explained
that there was no major details or comments on specifics as of yet. There were lots of families
were out at the event, per Parks and Recreation Director, Hobson.
Alderman Glab- talked about residents that did not get answers regarding the Continental
Company and the Blake Farms Apartments. He was on the meeting with Continental and the
residents and did realize that many questions were not answered by Contine ntal regarding
concerns by the residents. He purposed an idea such as a list of questions that are given from
residence, along with the answers so that The Council can keep track of what the residents
would like along with answers. Alderman Schaefer did speak regarding this topic as well.
76
City of McHenry Council
Meeting Minutes
3.15.21
2
Executive Session if Needed: Not needed
Adjourn: A motion was made Alderman Santi and seconded by Alderman Glab to
adjourn the meeting at 8106 PM. Roll Call: Vote:8-ayes: Alderman Santi, Alderman Glab,
Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman
Miller, Mayor Jett. 0-nay-, 0-abstained. Motion carried.
X
Mayor Wayne Jett
X
City Clerk Trisha Ramel
77
Expense Approval Register
McHenry, IL List of Bills Council Meeting ‐ 4‐5‐21
Vendor Name Payable Number Post Date Description (Item) Account Number Amount
Vendor: AEP ENERGY
AEP ENERGY
INV0011280
04/05/2021
UTIL
100‐33‐5520
3,170.47
AEP ENERGY
INV0011280
04/05/2021
UTIL
100‐42‐5510
275.53
AEP ENERGY INV0011280 04/05/2021 UTIL 100‐45‐5510 721.16
AEP ENERGY
INV0011280
04/05/2021
UTIL
400‐00‐5510
2,297.95
AEP ENERGY
INV0011281
04/05/2021
UTIL
510‐31‐5510
10,859.40
AEP ENERGY
INV0011281
04/05/2021
UTIL
510‐32‐5510
20,302.24
Vendor AEP ENERGY Total:
37,626.75
Vendor: AQUA ILLINOIS
AQUA ILLINOIS
MS‐2956848
04/05/2021
SWEWE BILLING PROC 1/20‐
510‐32‐5110
424.00
Vendor AQUA ILLINOIS Total: 424.00
Vendor: BAXTER & WOODMAN
BAXTER & WOODMAN
0221810
04/05/2021
CURRAN RD S CURVE
270‐00‐8600
69.84
Vendor BAXTER & WOODMAN Total:
69.84
Vendor: CHRISTOPHER B BURKE ENGINEERING, LTD
CHRISTOPHER B BURKE
164465
04/05/2021
WAUK WWTP CLOMR
100‐01‐5110
710.21
Vendor CHRISTOPHER B BURKE ENGINEERING, LTD Total:
710.21
Vendor: CONDUENT HR CONSULTING LLC
CONDUENT HR CONSULTING
2463209
04/05/2021
FEB 2021 SVS FEES
600‐00‐6960
42.75
Vendor CONDUENT HR CONSULTING LLC Total:
42.75
Vendor: GARRELTS PLUMBING
GARRELTS PLUMBING
P101129
04/05/2021
PARKING TICKET OVERPAY
100‐22‐3510
25.00
Vendor GARRELTS PLUMBING Total: 25.00
Vendor: HARRISON & ASSOCIATES INC
HARRISON & ASSOCIATES INC 11344 3/12/21 04/05/2021 HUNTERSVILLE PARK TRACT 100‐03‐5110 1,000.00
Vendor HARRISON & ASSOCIATES INC Total:
1,000.00
Vendor: LPL FINANCIAL
LPL FINANCIAL
56315377
04/05/2021
ADVISORY FEE
760‐00‐5110
20,671.15
Vendor LPL FINANCIAL Total:
20,671.15
Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK
MCANDREWS PC, THE LAW
MARCH 2021
04/05/2021
MTHLY TRAFFIC 3‐2021
100‐01‐5230
4,000.00
Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total:
4,000.00
Vendor: MCMRMA
MCMRMA
INV0011282
04/05/2021
RESTITUTION MONEY FROM
610‐00‐6960
3,000.00
Vendor MCMRMA Total: 3,000.00
Vendor: NEWSOM, STEPHANIE
NEWSOM, STEPHANIE P110578 04/05/2021 OVERPD TICKET REF 100‐22‐3510 10.00
Vendor NEWSOM, STEPHANIE Total:
10.00
Vendor: OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD
OTTOSEN DINOLFO
133362
04/05/2021
LABOR
100‐01‐5230
90.00
Vendor OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD Total:
90.00
Vendor: PITNEY BOWES INC
PITNEY BOWES INC
1017657142
04/05/2021
POSTAGE METER
100‐04‐5310
462.89
Vendor PITNEY BOWES INC Total:
462.89
Vendor: PURCHASE POWER
PURCHASE POWER
INV0011283
04/05/2021
POSTAGE
100‐01‐5310
104.05
PURCHASE POWER
INV0011283
04/05/2021
POSTAGE
100‐03‐5310
76.62
PURCHASE POWER
INV0011283
04/05/2021
POSTAGE
100‐04‐5310
975.68
PURCHASE POWER INV0011283 04/05/2021 POSTAGE 100‐22‐5310 262.11
PURCHASE POWER
INV0011283
04/05/2021
POSTAGE
100‐30‐5310
2.04
3/31/2021 2:41:13 PM
78
Expense Approval Register Packet: APPKT02074 ‐ 4‐5‐21 AP CKS
Vendor Name Payable Number Post Date Description (Item) Account Number Amount
PURCHASE POWER INV0011283 04/05/2021 POSTAGE 100‐41‐5310 49.92
PURCHASE POWER INV0011284 04/05/2021 POSTAGE 510‐32‐5310 20.70
Vendor PURCHASE POWER Total:
1,491.12
Vendor: ROBINSON ENGINEERING LTD
ROBINSON ENGINEERING LTD 21030045 04/05/2021 MCH RIVERWALK SEWER 510‐32‐8500 4,997.00
Vendor ROBINSON ENGINEERING LTD Total:
4,997.00
Vendor: SANCHEZ, ARTURO
SANCHEZ, ARTURO P110510 04/05/2021 OVERPD P TICKET 100‐22‐3555 150.00
Vendor SANCHEZ, ARTURO Total:
150.00
Vendor: SEMROW JR, HARRY H
SEMROW JR, HARRY H INV0011285 04/05/2021 FEB 2021 LEGAL 100‐01‐5230 1,825.00
Vendor SEMROW JR, HARRY H Total: 1,825.00
Vendor: SYNCB/AMAZON
SYNCB/AMAZON 7880 3/10/21 04/05/2021 MTHLY 100‐03‐6110 106.94
SYNCB/AMAZON 7880 3/10/21 04/05/2021 MTHLY 100‐03‐6210 179.59
SYNCB/AMAZON 7880 3/10/21 04/05/2021 MTHLY 100‐45‐6110 525.08
SYNCB/AMAZON 7880 3/10/21 04/05/2021 MTHLY 100‐46‐6110 4.86
SYNCB/AMAZON 7880 3/10/21 04/05/2021 MTHLY 100‐47‐6110 252.78
SYNCB/AMAZON 7880 3/10/21 04/05/2021 MTHLY 400‐00‐6110 29.16
SYNCB/AMAZON 9123 3/10/21 04/05/2021 PD MTHLY 100‐22‐6210 225.21
Vendor SYNCB/AMAZON Total:
1,323.62
Vendor: US BANK EQUIPMENT FINANCE
US BANK EQUIPMENT FINANCE 438208597 04/05/2021 ADMIN, CH, PD COPIERS 620‐00‐5110 598.56
US BANK EQUIPMENT FINANCE
438773608 04/05/2021 PW COPIER 620‐00‐5110 336.21
Vendor US BANK EQUIPMENT FINANCE Total:
934.77
Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE
ZUKOWSKI ROGERS FLOOD & 148106 04/05/2021 CORP 100‐01‐5230 12,210.00
ZUKOWSKI ROGERS FLOOD &
148107 04/05/2021 TRAFFIC 100‐01‐5230 6,919.68
ZUKOWSKI ROGERS FLOOD &
148108 04/05/2021 COVID 100‐01‐5230 555.00
Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total:
19,684.68
Grand Total:
98,538.78
3/31/2021 2:41:13 PM
79
Expense Approval Register Packet: APPKT02074 ‐ 4‐5‐21 AP CKS
Fund Summary
Fund Expense Amount
100 ‐ GENERAL FUND 34,889.82
270 ‐ MOTOR FUEL TAX FUND 69.84
400 ‐ RECREATION CENTER FUND 2,327.11
510 ‐ WATER/SEWER FUND 36,603.34
600 ‐ EMPLOYEE INSURANCE FUND 42.75
610 ‐ RISK MANAGEMENT FUND 3,000.00
620 ‐ INFORMATION TECHNOLOGY FUND 934.77
760 ‐ POLICE PENSION FUND 20,671.15
Grand Total:
98,538.78
80
Expense Approval Register
McHenry, IL #2 List of Bills Council Meeting‐ 4‐5‐21
Vendor Name Payable Number Post Date Description (Item) Account Number Amount
Vendor: A‐ABLE ALARM SERVICE INC
A‐ABLE ALARM SERVICE INC
67717
04/05/2021
Re‐Key North Office Stairway
100‐33‐5115
112.00
Vendor A‐ABLE ALARM SERVICE INC Total:
112.00
Vendor: ADAMS ENTERPRISES INC, R A
ADAMS ENTERPRISES INC, R A
SO37678
04/05/2021
623 sewer s037678
510‐32‐5370
112.30
Vendor ADAMS ENTERPRISES INC, R A Total:
112.30
Vendor: ADAMS STEEL SERVICE & SUPPLY, INC
ADAMS STEEL SERVICE & 368855 04/05/2021 Welding wire,torch tip cleaner, 510‐32‐5375 20.85
Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total:
20.85
Vendor: ADVANCED TURF SOLUTIONS
ADVANCED TURF SOLUTIONS
SO900865
04/05/2021
Sports Field Supplies
100‐45‐6110
466.00
Vendor ADVANCED TURF SOLUTIONS Total:
466.00
Vendor: AIRGAS SAFETY INC
AIRGAS SAFETY INC
9978193158
04/05/2021
Helium Tank Lease
100‐41‐6920
104.14
Vendor AIRGAS SAFETY INC Total:
104.14
Vendor: ARAMARK
ARAMARK 23291995 04/05/2021 Clothing Allowance: Chris V 100‐45‐4510 173.37
Vendor ARAMARK Total: 173.37
Vendor: AT&T LONG DISTANCE
AT&T LONG DISTANCE 5308 3‐6‐21 04/05/2021 AT&T Long Distance 620‐00‐5320 0.10
Vendor AT&T LONG DISTANCE Total:
0.10
Vendor: AT&T
AT&T
9184 3‐19‐21
04/05/2021
AT&T Network on Demand
620‐00‐5110
1,496.89
AT&T 9184 3‐19‐21 04/05/2021 AT&T Monthly Phone Invoice 620‐00‐5320 1,135.25
AT&T
9615 3‐19‐21
04/05/2021
AT&T Fiber Internet 100M
620‐00‐5110
1,129.25
AT&T
9662 3‐11‐21
04/05/2021
Voice Over IP ‐ IP‐Flex
620‐00‐5320
377.81
Vendor AT&T Total: 4,139.20
Vendor: AUTO TECH CENTERS INC
AUTO TECH CENTERS INC INV063744 04/05/2021 307 (63744) 100‐22‐5370 596.00
AUTO TECH CENTERS INC
INV063919
04/05/2021
327 (63919)
100‐22‐5370
636.52
Vendor AUTO TECH CENTERS INC Total: 1,232.52
Vendor: BUILDING & FIRE CODE ACADEMY
BUILDING & FIRE CODE 3036 04/05/2021 Training 100‐03‐5430 840.00
Vendor BUILDING & FIRE CODE ACADEMY Total:
840.00
Vendor: BUSS FORD SALES
BUSS FORD SALES
347495
04/05/2021
312 (347495)
100‐22‐5370
134.95
BUSS FORD SALES 5040427 04/05/2021 322 (5040427) 100‐22‐5370 15.96
BUSS FORD SALES
5040465
04/05/2021
315 (5040465)
100‐22‐5370
49.72
BUSS FORD SALES
5040615
04/05/2021
315 (5040615)
100‐22‐5370
111.39
BUSS FORD SALES
5040682
04/05/2021
312 (5040682)
100‐22‐5370
520.58
Vendor BUSS FORD SALES Total:
832.60
Vendor: CABAY & COMPANY INC
CABAY & COMPANY INC
64120
04/05/2021
Rec center cleaning
400‐00‐6111
31.53
CABAY & COMPANY INC
64144
04/05/2021
Rec center cleaning
400‐00‐6111
35.21
CABAY & COMPANY INC 64193 04/05/2021 Rec center cleaning 400‐00‐6111 472.00
Vendor CABAY & COMPANY INC Total:
538.74
Vendor: CDW GOVERNMENT INC
CDW GOVERNMENT INC
8928179
04/05/2021
VIEWSONIC VX2457‐MHD 24
620‐00‐6270
138.59
CDW GOVERNMENT INC 9035556 04/05/2021 STARTECH MINI DISPLAYPORT 620‐00‐6270 17.81
Vendor CDW GOVERNMENT INC Total:
156.40
3/31/2021 2:42:21 PM
81
Expense Approval Register Packet: APPKT02077 ‐ 4‐5‐21 RECT INV
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: CE SOLING & ASSOCIATES, LLC
CE SOLING & ASSOCIATES, LLC 1164 04/05/2021 Dryer Feed Pump Lobes 510‐32‐5375 867.49
Vendor CE SOLING & ASSOCIATES, LLC Total:
867.49
Vendor: CENTER FOR THERAPEUTIC SERVICES AND
CENTER FOR THERAPEUTIC 721‐535 04/05/2021 EVALUATION ‐ JOSEPH 100‐22‐5110 1,000.00
Vendor CENTER FOR THERAPEUTIC SERVICES AND Total:
1,000.00
Vendor: COMCAST CABLE
COMCAST CABLE
0595 3‐20‐21
04/05/2021
Lakeland Park Community
620‐00‐5110
128.45
COMCAST CABLE
2866 3‐5‐21
04/05/2021
PW Cable TV & Internet
620‐00‐5110
90.42
COMCAST CABLE 3136 3/4/21 04/05/2021 WW Cable TV & Internet 620‐00‐5110 139.96
Vendor COMCAST CABLE Total:
358.83
Vendor: CONSERV FS
CONSERV FS
65112862
04/05/2021
Parks Landscaping Supplies
100‐45‐6110
99.95
Vendor CONSERV FS Total:
99.95
Vendor: CORE & MAIN
CORE & MAIN
N776186
04/05/2021
3 hydrants and nuts/bolts
510‐35‐6110
3,321.00
Vendor CORE & MAIN Total:
3,321.00
Vendor: CORKSCREW GYMNASTICS & SPORTS ACADEMY
CORKSCREW GYMNASTICS &
832
04/05/2021
Winter Gymnastics Add Invoice
100‐47‐5110
50.00
Vendor CORKSCREW GYMNASTICS & SPORTS ACADEMY Total: 50.00
Vendor: CRESCENT ELECTRIC SUPPLY CO
CRESCENT ELECTRIC SUPPLY CO S508909118.001 04/05/2021 CAT6 Plenium Cable Blue 620‐00‐6270 436.03
Vendor CRESCENT ELECTRIC SUPPLY CO Total:
436.03
Vendor: CUMMINS INC
CUMMINS INC
J6‐81935
04/05/2021
Regional Pump Station
510‐32‐5380
831.26
Vendor CUMMINS INC Total:
831.26
Vendor: CURRAN CONTRACTING COMPANY
CURRAN CONTRACTING
20935
04/05/2021
UPM Potholes INV#20935
100‐33‐6110
1,093.30
Vendor CURRAN CONTRACTING COMPANY Total:
1,093.30
Vendor: DIRECT FITNESS SOLUTIONS
DIRECT FITNESS SOLUTIONS
0562887‐IN
04/05/2021
Direct Fitness Solutions ‐
400‐40‐5375
2,362.65
DIRECT FITNESS SOLUTIONS
0563825‐IN
04/05/2021
Direct Fitness Solutions ‐
400‐40‐5375
844.70
DIRECT FITNESS SOLUTIONS
0563846‐IN
04/05/2021
Direct Fitness Solutions ‐
400‐40‐5375
173.90
Vendor DIRECT FITNESS SOLUTIONS Total:
3,381.25
Vendor: DREISILKER ELECTRIC MOTORS INC
DREISILKER ELECTRIC MOTORS
0420661
04/05/2021
MS #2 Auger Gear box lip seal
510‐32‐5375
16.64
Vendor DREISILKER ELECTRIC MOTORS INC Total: 16.64
Vendor: EBY GRAPHICS INC
EBY GRAPHICS INC
7554
04/05/2021
new trucks (7554)
100‐33‐5370
240.12
Vendor EBY GRAPHICS INC Total: 240.12
Vendor: ED'S RENTAL & SALES INC
ED'S RENTAL & SALES INC
317503‐1
04/05/2021
PD RENOVATION
100‐01‐8200
58.90
Vendor ED'S RENTAL & SALES INC Total:
58.90
Vendor: EJ EQUIPMENT
EJ EQUIPMENT
W10901
04/05/2021
sweeper repairs inv W10901
100‐33‐5370
7,743.39
Vendor EJ EQUIPMENT Total:
7,743.39
Vendor: EJ USA INC
EJ USA INC
110210007633
04/05/2021
6'6" Hydrant (Cust#20009332)
510‐31‐6110
2,257.85
Vendor EJ USA INC Total:
2,257.85
Vendor: ELECTRONIC ENTRY SYSTEMS INC
ELECTRONIC ENTRY SYSTEMS
2021/08324
04/05/2021
Dog Park Passes
100‐41‐6110
696.00
Vendor ELECTRONIC ENTRY SYSTEMS INC Total:
696.00
Vendor: FAST EDDIES CAR WASH
FAST EDDIES CAR WASH 82559112218 04/05/2021 SQUAD 322 WASH 100‐22‐5370 23.50
Vendor FAST EDDIES CAR WASH Total:
23.50
3/31/2021 2:42:21 PM
82
Expense Approval Register Packet: APPKT02077 ‐ 4‐5‐21 RECT INV
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: FASTENAL
FASTENAL ILWOD174266 04/05/2021 Locating paint 510‐35‐6110 321.59
Vendor FASTENAL Total:
321.59
Vendor: FISCHER BROS FRESH
FISCHER BROS FRESH 15204 04/05/2021 Road Program 2021 ‐ Concrete 100‐33‐6110 350.00
FISCHER BROS FRESH 15205 04/05/2021 Road Program 2021 ‐ Concrete 100‐33‐6110 410.00
FISCHER BROS FRESH
15207
04/05/2021
Road Program 2021 ‐ Concrete
100‐33‐6110
1,232.51
FISCHER BROS FRESH
15214
04/05/2021
Road Program 2021 ‐ Concrete
100‐33‐6110
647.51
FISCHER BROS FRESH
15221
04/05/2021
Road Program 2021 ‐ Concrete
100‐33‐6110
1,295.00
Vendor FISCHER BROS FRESH Total:
3,935.02
Vendor: GALLS LLC
GALLS LLC
017803113
04/05/2021
Uniform ‐ Emily Dullum
620‐00‐4510
67.80
GALLS LLC
017825765
04/05/2021
UNIFORM ORDER ‐ KRUEGER
100‐22‐4510
98.53
GALLS LLC 017826750 04/05/2021 UNIFORM ORDER ‐ KLASEK 100‐22‐4510 144.99
GALLS LLC
017827123
04/05/2021
UNIFORM ORDER ‐ ADAMS
100‐22‐4510
32.37
GALLS LLC
017829128
04/05/2021
UNIFORM ORDER ‐ JOSEPH
100‐23‐4510
11.06
GALLS LLC
017836060
04/05/2021
UNIFORM ORDER ‐ K. SCHMITT
100‐23‐4510
252.53
GALLS LLC
017838300
04/05/2021
UNIFORM ORDER ‐ POLIDORI
100‐22‐4510
302.53
GALLS LLC
017838302
04/05/2021
UNIFORM ORDER ‐ P. PRATHER
100‐22‐4510
249.65
GALLS LLC
017846632
04/05/2021
UNIFORM ORDER ‐ ZAJAC
100‐22‐4510
220.35
GALLS LLC
017846751
04/05/2021
UNIFORM ORDER ‐ GARRETT
100‐23‐4510
95.18
GALLS LLC
017846983
04/05/2021
UNIFORM ORDER ‐ J. PRATHER
100‐22‐4510
126.56
GALLS LLC
017847251
04/05/2021
UNIFORM ORDER ‐ SPOHN
100‐22‐4510
45.72
GALLS LLC 017849609 04/05/2021 UNIFORM ORDER ‐ ADAMS 100‐22‐4510 65.14
GALLS LLC
017854024
04/05/2021
FEMALE TIE BARS
100‐22‐4510
43.30
GALLS LLC
017854311
04/05/2021
UNIFORM ORDER ‐ AALTO
100‐22‐4510
23.60
GALLS LLC 017857906 04/05/2021 UNIFORM ORDER ‐ AALTO 100‐22‐4510 35.29
GALLS LLC 017858293 04/05/2021 UNIFORM ORDER ‐ M. 100‐22‐4510 269.60
GALLS LLC
017858643
04/05/2021
UNIFORM ORDER ‐ CLESEN
100‐22‐4510
92.52
GALLS LLC
017871146
04/05/2021
UNIFORM ORDER ‐ KRUEGER
100‐22‐4510
28.79
GALLS LLC
017880192
04/05/2021
UNIFORM ORDER ‐ NOLAN
100‐23‐4510
136.99
GALLS LLC 017880311 04/05/2021 UNIFORM ORDER ‐ J. PRATHER 100‐22‐4510 38.70
GALLS LLC
017880786
04/05/2021
UNIFORM ORDER ‐ LEIBACH
100‐23‐4510
42.81
GALLS LLC
017882282
04/05/2021
UNIFORM ORDER ‐ SCIAME
100‐22‐4510
121.90
GALLS LLC
017883180
04/05/2021
UNIFORM ORDER ‐
100‐22‐4510
14.53
GALLS LLC
017892376
04/05/2021
NEW HIRE UNIFORM ‐
100‐23‐6110
40.31
GALLS LLC 017893456 04/05/2021 UNIFORM ORDER ‐ SCHMITT 100‐22‐4510 146.33
GALLS LLC
017896021
04/05/2021
UNIFORM ORDER ‐ KINNEY
100‐22‐4510
59.20
GALLS LLC
017904093
04/05/2021
UNIFORM ORDER ‐
100‐22‐4510
216.88
GALLS LLC
017917955
04/05/2021
UNIFORM ORER ‐ POLIDORI
100‐22‐4510
39.95
GALLS LLC 017924759 04/05/2021 UNIFORM ORDER ‐ SPOHN 100‐22‐4510 36.42
GALLS LLC
017925198
04/05/2021
UNIFORM ORDER ‐ BEIDELMAN
100‐23‐4510
161.78
GALLS LLC
017925566
04/05/2021
UNIFORM ORDER ‐ KRUEGER
100‐22‐4510
52.71
GALLS LLC
017926139
04/05/2021
UNIFORM ORDER ‐ MCKEEN
100‐22‐4510
15.26
GALLS LLC
017926284
04/05/2021
UNIFORM ORDER ‐ FUNK
100‐22‐4510
308.94
GALLS LLC 017927885 04/05/2021 UNIFORM ORDER ‐ J. PRATHER 100‐22‐4510 35.69
GALLS LLC
017934050
04/05/2021
UNIFORM ORDER ‐ NEVILLE
100‐23‐4510
190.64
GALLS LLC
017934946
04/05/2021
UNIFORM ORDER ‐ MCKEEN
100‐22‐4510
72.43
GALLS LLC
017934948
04/05/2021
UNIFORM ORDER ‐ J. DUCAK
100‐22‐4510
137.76
GALLS LLC 017940982 04/05/2021 UNIFORM ORDER ‐ 100‐22‐4510 44.71
Vendor GALLS LLC Total:
4,119.45
Vendor: GASVODA & ASSOCIATES INC
GASVODA & ASSOCIATES INC
2100526
04/05/2021
Composite Sampler
510‐32‐6110
7,972.00
Vendor GASVODA & ASSOCIATES INC Total:
7,972.00
Vendor: GRAINGER
GRAINGER
6502259704
04/05/2021
impact sockets dn 6502259704
510‐31‐6110
66.84
GRAINGER
9824428065
04/05/2021
Safety Supplies INV#
510‐32‐6110
344.30
GRAINGER 9832129606 04/05/2021 Safety Supplies ‐ inspection 510‐32‐6110 55.29
Vendor GRAINGER Total:
466.43
3/31/2021 2:42:21 PM
83
Expense Approval Register Packet: APPKT02077 ‐ 4‐5‐21 RECT INV
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: HACH COMPANY
HACH COMPANY 60767678134 04/05/2021 sampling reagents ref 510‐31‐6110 524.06
Vendor HACH COMPANY Total:
524.06
Vendor: HANSEN'S ALIGNMENT, DON
HANSEN'S ALIGNMENT, DON 1129 04/05/2021 315 100‐22‐5370 215.75
Vendor HANSEN'S ALIGNMENT, DON Total:
215.75
Vendor: HAWKINS INC
HAWKINS INC
4887557
04/05/2021
Chemical Delivery
510‐32‐6110
4,854.76
HAWKINS INC
4887583
04/05/2021
Chemical Delivery
510‐32‐6110
4,048.97
Vendor HAWKINS INC Total:
8,903.73
Vendor: HEARTLAND BUSINESS SYSTEMS, LLC
HEARTLAND BUSINESS
428621‐H
04/05/2021
Microsoft Monthly M365
620‐00‐5110
3,969.38
Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total:
3,969.38
Vendor: HOME DEPOT PRO
HOME DEPOT PRO
605670744
04/05/2021
CLEANING SUPPLIES
100‐03‐6110
124.72
HOME DEPOT PRO
606705184
04/05/2021
CARPET TILES
100‐03‐6110
782.65
Vendor HOME DEPOT PRO Total:
907.37
Vendor: HYDRO INTERNATIONAL (WASTEWATER)
HYDRO INTERNATIONAL
SIN‐002314
04/05/2021
SWWTP‐Micro Screen Parts
510‐32‐5375
3,258.56
Vendor HYDRO INTERNATIONAL (WASTEWATER) Total: 3,258.56
Vendor: ILLINOIS SECTION AWWA
ILLINOIS SECTION AWWA 200061334 04/05/2021 Excavating & Shoring Safety 510‐35‐5430 36.00
Vendor ILLINOIS SECTION AWWA Total:
36.00
Vendor: IN‐PIPE TECHNOLOGY COMPANY INC
IN‐PIPE TECHNOLOGY
1883
04/05/2021
Monthly service fee
510‐32‐5110
7,750.00
Vendor IN‐PIPE TECHNOLOGY COMPANY INC Total:
7,750.00
Vendor: INTERSTATE BILLING SERVICE INC
INTERSTATE BILLING SERVICE
3022835846 A
04/05/2021
802 (835846)
100‐33‐5370
2,643.00
INTERSTATE BILLING SERVICE
3022835846
04/05/2021
802 (3022835846)
510‐35‐5370
2,643.00
INTERSTATE BILLING SERVICE 835859 04/05/2021 802 (835859) 100‐33‐5370 307.60
Vendor INTERSTATE BILLING SERVICE INC Total:
5,593.60
Vendor: JENSEN, TED
JENSEN, TED
03769
04/05/2021
Weld 3 ends on 3 B‐box
510‐35‐6110
45.00
JENSEN, TED 03773 04/05/2021 Micro Screen #2 INV#03773 510‐32‐5375 418.04
Vendor JENSEN, TED Total:
463.04
Vendor: JG UNIFORMS INC
JG UNIFORMS INC
82768
04/05/2021
EVALUATION ‐ JOSEPH
100‐22‐4510
168.70
Vendor JG UNIFORMS INC Total:
168.70
Vendor: KIESLER'S POLICE SUPPLY INC
KIESLER'S POLICE SUPPLY INC
SO160908
04/05/2021
GLOCK 19 GEN5 GUNS
100‐22‐8300
843.00
Vendor KIESLER'S POLICE SUPPLY INC Total:
843.00
Vendor: KIMBALL MIDWEST
KIMBALL MIDWEST
8647854
04/05/2021
kimball stock
100‐33‐5370
357.91
KIMBALL MIDWEST
8679113
04/05/2021
kimballl stock
100‐33‐5370
146.69
KIMBALL MIDWEST
8700308
04/05/2021
kimball stock (8700308)
100‐33‐5370
445.96
KIMBALL MIDWEST 8720336 04/05/2021 kimball stock 100‐33‐5370 386.43
KIMBALL MIDWEST 8740517 04/05/2021 kimball stock (8740517) 100‐33‐5370 516.25
Vendor KIMBALL MIDWEST Total:
1,853.24
Vendor: KIRCHNER, INC
KIRCHNER, INC
60110
04/05/2021
Shop Maintenance
100‐45‐5110
378.00
KIRCHNER, INC
60111
04/05/2021
Fire Extinguishers
510‐32‐6110
285.00
Vendor KIRCHNER, INC Total:
663.00
Vendor: KOMLINE‐SANDERSON
KOMLINE‐SANDERSON
42049177
04/05/2021
SWWTP‐2 Meter Belt Press
510‐32‐5375
4,290.00
3/31/2021 2:42:21 PM
84
Expense Approval Register Packet: APPKT02077 ‐ 4‐5‐21 RECT INV
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
KOMLINE‐SANDERSON
42049271
04/05/2021
Thickener Wash water pump
510‐32‐5375
814.00
Vendor KOMLINE‐SANDERSON Total:
5,104.00
Vendor: LANG AUTO GROUP, GARY
LANG AUTO GROUP, GARY
5055101
04/05/2021
310 (5055101)
100‐22‐5370
824.24
LANG AUTO GROUP, GARY 5055154 04/05/2021 310 engine & core charge 100‐22‐5370 6,700.00
Vendor LANG AUTO GROUP, GARY Total:
7,524.24
Vendor: MCCANN INDUSTRIES INC
MCCANN INDUSTRIES INC
PO7939
04/05/2021
Concrete blades INV# PO7939
100‐33‐6110
1,366.40
Vendor MCCANN INDUSTRIES INC Total:
1,366.40
Vendor: MCHENRY MARLINS AQUATIC CLUB
MCHENRY MARLINS AQUATIC
317
04/05/2021
MMAC Fee from 3.6 Meet
100‐47‐5110
186.00
Vendor MCHENRY MARLINS AQUATIC CLUB Total: 186.00
Vendor: MCMASTER‐CARR SUPPLY CO
MCMASTER‐CARR SUPPLY CO
54567184
04/05/2021
Ball Valves
510‐32‐6110
869.05
MCMASTER‐CARR SUPPLY CO
5500322
04/05/2021
Micro Screen‐Auger Drive
510‐32‐5375
219.30
Vendor MCMASTER‐CARR SUPPLY CO Total: 1,088.35
Vendor: METROPOLITAN INDUSTRIES
METROPOLITAN INDUSTRIES
INV026149
04/05/2021
Diamond Lift‐Impellers and
510‐32‐5380
2,583.95
Vendor METROPOLITAN INDUSTRIES Total:
2,583.95
Vendor: MID AMERICAN WATER OF WAUCONDA INC
MID AMERICAN WATER OF
237125W
04/05/2021
Clay & PVC Coupling INV#
100‐33‐6110
506.00
MID AMERICAN WATER OF 27082W 04/05/2021 Curb Stop, Copper Thread, 510‐35‐6110 644.50
MID AMERICAN WATER OF
INV 237224W
04/05/2021
Water Main Saddle, flare ball,
510‐35‐6110
685.65
Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 1,836.15
Vendor: MINUTEMAN PRESS OF MCH
MINUTEMAN PRESS OF MCH 85294 04/05/2021 FTO BOOKS 100‐22‐6210 143.25
MINUTEMAN PRESS OF MCH 95324 04/05/2021 notary stamp 100‐04‐6210 33.75
Vendor MINUTEMAN PRESS OF MCH Total: 177.00
Vendor: NCL OF WISCONSIN INC
NCL OF WISCONSIN INC 451742 04/05/2021 Lab Supplies 510‐32‐6110 760.49
Vendor NCL OF WISCONSIN INC Total:
760.49
Vendor: NORTHSHORE OMEGA
NORTHSHORE OMEGA
721‐519
04/05/2021
NIPAS PHYSICAL EXAM ‐
100‐22‐5110
623.00
Vendor NORTHSHORE OMEGA Total:
623.00
Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC
NORTHWEST ELECTRICAL
17494282
04/05/2021
outside light plant 3 inv
510‐31‐6110
217.97
NORTHWEST ELECTRICAL
17494679
04/05/2021
Electrical Supplies
100‐45‐6110
1,980.00
NORTHWEST ELECTRICAL
17494821
04/05/2021
Electrical Supplies
100‐45‐6110
70.00
Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total:
2,267.97
Vendor: OLSEN SAFETY EQUIPMENT CORP
OLSEN SAFETY EQUIPMENT
0385390‐IN
04/05/2021
Earplugs
510‐35‐6110
48.40
OLSEN SAFETY EQUIPMENT
0386336‐IN
04/05/2021
rubber gloves mechanics
100‐33‐6290
396.00
Vendor OLSEN SAFETY EQUIPMENT CORP Total:
444.40
Vendor: PETROCHOICE LLC
PETROCHOICE LLC
11192979
04/05/2021
FUEL BILL
100‐03‐6250
116.08
PETROCHOICE LLC 50275185 04/05/2021 FUEL BILL 100‐03‐6250 36.98
PETROCHOICE LLC 50387468 04/05/2021 Parks Fuel #50387468 100‐45‐6250 108.69
PETROCHOICE LLC
50388153
04/05/2021
Parks Fuel #50388153
100‐45‐6250
121.51
PETROCHOICE LLC
50394609
04/05/2021
Parks Fuel #50394609
100‐45‐6250
104.03
PETROCHOICE LLC
50493814
04/05/2021
Fuel ‐ UTY ‐ 50493814
510‐35‐6250
678.17
PETROCHOICE LLC 50493829 04/05/2021 Fuel ‐ WW ‐ 50493829 510‐32‐6250 355.81
PETROCHOICE LLC
50493830
04/05/2021
Fuel ‐ WTR ‐ 50493830
510‐31‐6250
107.13
PETROCHOICE LLC
50493831
04/05/2021
Parks Fuel #50493831
100‐45‐6250
385.89
PETROCHOICE LLC
50493832
04/05/2021
Fuel ‐ STS ‐ 50493832
100‐33‐6250
753.99
PETROCHOICE LLC 50493833 04/05/2021 FUEL 50493833 100‐22‐6250 2,248.35
PETROCHOICE LLC
50502014
04/05/2021
Fuel ‐ UTY ‐ 50502014
510‐35‐6250
98.32
3/31/2021 2:42:21 PM
85
Expense Approval Register Packet: APPKT02077 ‐ 4‐5‐21 RECT INV
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
PETROCHOICE LLC
50502026
04/05/2021
Fuel Bill
100‐03‐6250
95.74
PETROCHOICE LLC 50502027 04/05/2021 Fuel ‐ WW ‐ 50502027 510‐32‐6250 523.83
PETROCHOICE LLC
50502028
04/05/2021
Fuel ‐ WTR ‐ 50502028
510‐31‐6250
111.03
PETROCHOICE LLC
50502029
04/05/2021
Parks Fuel #50502029
100‐45‐6250
166.24
PETROCHOICE LLC
50502030
04/05/2021
Fuel ‐ STS ‐ 50502030
100‐33‐6250
570.23
PETROCHOICE LLC 50502031 04/05/2021 FUEL 50502031 100‐22‐6250 2,242.72
PETROCHOICE LLC 50506923 04/05/2021 Fuel ‐ UTY ‐ 50506923 510‐35‐6250 452.34
PETROCHOICE LLC
50506936
04/05/2021
Fuel Bill
100‐03‐6250
130.05
PETROCHOICE LLC
50506937
04/05/2021
Fuel ‐ WW ‐ 50506937
510‐32‐6250
262.78
PETROCHOICE LLC 50506938 04/05/2021 Fuel ‐ WTR ‐ 50506938 510‐31‐6250 52.34
PETROCHOICE LLC
50506939
04/05/2021
Parks Fuel #50506939
100‐45‐6250
155.96
PETROCHOICE LLC
50506940
04/05/2021
Fuel ‐ STS ‐ 50506940
100‐33‐6250
630.88
Vendor PETROCHOICE LLC Total: 10,509.09
Vendor: PITEL SEPTIC INC
PITEL SEPTIC INC
19384
04/05/2021
Toilet Rentals
100‐45‐5110
800.00
Vendor PITEL SEPTIC INC Total:
800.00
Vendor: PROSHRED SECURITY
PROSHRED SECURITY
990079669
04/05/2021
MONTHLY SHREDDING
100‐22‐5110
68.67
Vendor PROSHRED SECURITY Total:
68.67
Vendor: RADICOM INC
RADICOM INC
106183
04/05/2021
REPAIR CABLE KVM
100‐23‐6110
69.95
RADICOM INC
106191
04/05/2021
FCC license meter reading inv
510‐31‐5110
157.50
RADICOM INC 179556 04/05/2021 404 (179556) 100‐33‐5370 241.06
Vendor RADICOM INC Total:
468.51
Vendor: ROCK 'N' KIDS INC
ROCK 'N' KIDS INC
MCHWII21
04/05/2021
Cont ‐ Kid Rock
100‐46‐5110
200.00
Vendor ROCK 'N' KIDS INC Total:
200.00
Vendor: RYDIN DECAL
RYDIN DECAL
377929
04/05/2021
TEMP HANDICAP CARDS
100‐04‐6210
493.86
Vendor RYDIN DECAL Total:
493.86
Vendor: SAFE SITTER, INC
SAFE SITTER, INC
64308
04/05/2021
Program ‐ Safe Sitter
100‐46‐6110
262.00
Vendor SAFE SITTER, INC Total: 262.00
Vendor: THE RETAIL COACH, LLC
THE RETAIL COACH, LLC 3581 04/05/2021 First Payment ‐ Service 100‐06‐5110 10,000.00
Vendor THE RETAIL COACH, LLC Total:
10,000.00
Vendor: TOPS IN DOG TRAINING CORP
TOPS IN DOG TRAINING CORP
23168
04/05/2021
K9 FOOD/TRAINING
100‐22‐6310
356.49
Vendor TOPS IN DOG TRAINING CORP Total:
356.49
Vendor: TRAFFIC CONTROL & PROTECTION INC
TRAFFIC CONTROL &
106481
04/05/2021
Street Signs INV# 106481
100‐33‐6110
272.95
Vendor TRAFFIC CONTROL & PROTECTION INC Total:
272.95
Vendor: ULTRA STROBE COMMUNICATIONS INC
ULTRA STROBE
078694
04/05/2021
REMOVE RADIO ‐ 327
100‐22‐5370
233.75
ULTRA STROBE
078719
04/05/2021
DIAGNOSE LIGHTS ‐ 325
100‐22‐5370
85.00
ULTRA STROBE
078737
04/05/2021
streets 078737
100‐33‐5370
23.90
ULTRA STROBE 078739 04/05/2021 322 REMOVE GUN LOCK 100‐22‐5370 85.00
Vendor ULTRA STROBE COMMUNICATIONS INC Total:
427.65
Vendor: USA BLUEBOOK
USA BLUEBOOK
529392
04/05/2021
Hach DR2800 Accessories
510‐32‐6110
1,510.41
Vendor USA BLUEBOOK Total:
1,510.41
Vendor: VERIZON WIRELESS
VERIZON WIRELESS
8227 3/26/21
04/05/2021
Monthly Cell Phone
620‐00‐5320
2,694.12
Vendor VERIZON WIRELESS Total: 2,694.12
Grand Total:
135,193.35
3/31/2021 2:42:21 PM
86
Expense Approval Register Packet: APPKT02077 ‐ 4‐5‐21 RECT INV
Fund Summary
Fund
Expense Amount
100 ‐ GENERAL FUND 63,957.73
400 ‐ RECREATION CENTER FUND
3,919.99
510 ‐ WATER/SEWER FUND
55,493.77
620 ‐ INFORMATION TECHNOLOGY FUND
11,821.86
Grand Total:
135,193.35
87
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
REGULAR AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Cody Sheriff, City Planner
FOR: April 5, 2021 Regular City Council Meeting
RE: An Ordinance Approving Zoning Text Amendment to Chapter 16:
Nonconformities of the City of McHenry Zoning Ordinan ce and Resolution
Waiving Zoning Fees for Improving Property Owners.
ATT:
1. Approved Community Development Committee Minutes from January 5, 2021
2. Unapproved Community Development Committee Minutes from February 26, 2021
3. Approved Planning & Zoning Commission Minutes from February 17, 2021
4. Unapproved Planning & Zoning Commission Minutes from March 17, 2021
5. Ordinance Approving Zoning Text Amendments.
6. Resolution waiving Zoning Application Hearing Fees for one (1) year for Impacted
Properties.
7. Memorandum from City Attorney dated February 5, 2021
Agenda Item Summary:
The City of McHenry is proposing changes to the Zoning Ordinanc e including but not limited to
Chapter 16: Nonconformities. Changes include the adoption of an amortization ordinance that
would sunset nonconforming uses in residential zoning districts. The ordinance would require
discontinuation within one year of notification but provides allowance for time extensions based
upon economic hardship.
Background:
The City of McHenry is in the process of force annexing approximately 147 acres of
unincorporated tracts of land that are less than sixty (60) contiguous acres and wholly
surrounded by the City of McHenry municipal limits. The most recent annexation cases have
demonstrated a need to update the City’s Nonconformities Ordinance. Staff was directed by City
Council to draft an amortization ordinance to have reviewed by the Community Development
88
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
Committee (CDC) that would amend the recently approved nonconformities ordinance. The
proposed amortization ordinance would allow the City to sunset nonconforming uses in
residential zoning districts that may be negatively impacting the health, safety, and welfare of
the community.
Community Development Committee Recommendation:
The CDC met on January 5, 2021 to originally discuss a Use Variation request to allow horses and
chickens on 219 S Barreville Road. The committee was presented with three options and
ultimately recommended staff draft an ordinance amortizing the use no later than 3 -5 years. Staff
worked with the City Attorney and presented the requested amortization ordinance to the CDC
on February 26, 2021. The draft ordinance included the following key provisions:
1. Nonconforming Uses in Residential Zoning Districts shall discontinue within one (1) year
of notification.
2. Owners/Operators of Nonconforming Uses in Residential Zoning Districts shall be allowed
to request a six (6) month extension based upon economic hardship factors that can be
approved administratively.
3. All extensions greater than six (6) months would require a public hearing before the
Planning & Zoning Commission and receive a recommendation with final City Council
approval.
Staff placed added emphasis that this ordinance would apply to all nonconforming uses of
residential zoning districts. CDC members initially expressed concerns about the one year
timeframe; however, staff clarified that the proposed ordinance allows the City to review each
use and evaluate them on a case-by-case basis. Some uses will be granted longer time extensions
or have the possibility of requesting use variations. There are not many properties that would be
impacted by the proposed ordinance. Staff proposed providing relief for impacted properties by
waiving zoning hearing fees. The CDC ultimately found the proposed ordinance and and relief for
impacted properties favorable and recommended staff bring the changes forward.
Staff Analysis:
The primary purpose of an amortization ordinance is to discontinue nonconforming uses that are
incompatible with the underlying zoning district regulations. These nonconforming uses typically
are negatively impacting the health, safety, and welfare of neighboring properties. An
amortization ordinance requires a nonconforming use to discontinue after an established period
of time that would allow a property owner to recoup their investment. Amortization is not meant
to reimburse but to provide the property owner of a nonconforming use an economic cushion.
89
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
There is also a secondary benefit of legitimizing nonconformities that exist throughout the City
of McHenry. Owners of nonconforming uses often do not realize the financial implications of
being classified as nonconforming up until the final days of selling their property. Insurance
companies (typically) do not insure nonconforming uses and potential buyers would be unable
to obtain financing and delay the sale by a few months as petitioners work through the public
hearing process.
The City Attorney researched and provided staff legal guidance for drafting an ordinance.
Although there are not many local examples in McHenry County, staff have found several
examples of model language. There are two methods of determining amortization:
1. fixed-periods approach; and
2. case-by-case methods.
Staff is recommending a hybrid approach that involves a fixed period of one (1) year with the
ability of the property owner to apply for and receive an administratively approved six (6) month
extension. Any request greater than six (6) months would require a public hearing by the Planning
& Zoning Commission and final approval by City Council. Both requests involve the peti tioner
identifying some form of economic or legal hardship that prevents them from eliminating the
use.
Planning & Zoning Commission Recommendation:
The Planning & Zoning Commission unanimously recommended approval of the proposed text
amendments on March 17, 2021. An attorney was present and spoke on behalf on the property
owner of 219 S. Barreville Road. The primary concern was the one year time frame. Staff
addressed this concern by explaining the amortization ordinance allows for relief through time
extension requests. All owners and operators of nonconforming uses in residential zoning
districts have the ability to apply for a Use Variation if desired.
If the City Council concurs it is recommended the attached ordinance approving text
amendments to the City of McHenry Zoning Ordinance be approved (City Council vote-simple
majority).
90
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
Approved Community Development Committee Meeting Minutes
January 5, 2021
Call to Order: Alderman Devine called the meeting to order at 3:05 p.m. The meeting was held
remotely via Zoom due to the COVID-19 pandemic. The meeting was in compliance with the
Open Meetings Act per guidelines by the Illinois Attorney General’s Office.
Roll Call: Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Devine,
Alderman Harding, Alderwoman Miller. Others present: City Planner Cody Sheriff, Community
Development Director Ross Polerecky, Economic Development Director Doug Martin, Deputy
City Clerk Monte Johnson.
Public Comments: No members of the public offered any comment.
Approval of Minutes: A motion was made by Alderwoman Miller and seconded by Alderman
Harding to approve the minutes of the April 8, 2019, Community Development Committee
meeting. Roll Call: Vote: 3-ayes: Alderwoman Miller, Alderman Harding, Alderman Devine. 0-
nays, 0-abstained. Motion carried.
Z-974 – Use Variance to allow three horses and four chickens and any other variances required
to effectuate the aforementioned request: The petitioners are Doherty JD Tr, Doherty KA Tr of
2150 Richmond Road, McHenry, IL 60050 (“Property Owners”)
Director Polerecky reviewed the three options available on page seven of the staff report. Option
3 includes passing a use variance that would be approved based on certain conditions that were
explained. Option 2 was to deny the use variance and classify the property as nonconforming.
Option 1 is the recommendation by the staff, and would be to deny the use variance and work
on drafting an ordinance amortizing the use no later than 3-5 years from the date of annexation.
Alderman Devine stated that he would like to rule out Option 2. Alderwoman Miller explai ned
that she would be in favor of Option 1 but would like to see it last more than 3-5 years. She would
like a 7-10 year range, and she is also not in favor of Option 2. She does not like Option 3 because
it would set precedence for other properties. The City is going to be annexing other properties
and does not want these properties looking like an agriculture zoned parcel when they are
91
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
actually residential properties. Alderman Harding agrees with Alderwoman Miller but would like
Option 1 to stay in the 3-5 year range. He is not in favor of 7-10 years due to concerns from the
neighbors.
Lisa Waggoner spoke as the attorney for Joe Doherty. From the Doherty standpoint, they
purchased the property to help a longstanding employee who was unable to buy it himself. They
are hoping to sell the property to that employee in the next few years. A 3 -5 year period is too
short as time goes by quickly. A 10 year period would be more desirable. With a longer term and
opportunity to purchase it with the option to have horses, there is a better chance they treat this
property as a home instead of a rental. She also believes that Option 3 should be more desirable
for the neighbor to the south as they would have conditions that would need to be met that
benefit that neighbor. Option 1 does not have any conditions attached that would help the
neighbors.
City Planner Sheriff agreed that Option 3 has better conditions for the neighbor to the south, but
is worse for the long term because horses would be allowed longer. Option 1 has the shortest
time that horses would be allowed. The conditions are helpful for the neighbor in the short term
but Option 1 is better for the removal of the horses in the shortest time possible. Director
Polerecky also stated that staff would be worried about setting precedence moving forward with
future annexations.
Alderwoman Miller asked Mr. Doherty what the plan is moving forward. He hopes to sell the
property to his tenant in the next 3-4 years, and would like to have horses for 10 years.
Alderwoman Miller still stresses her concern for setting precedence. She also is concerned that
the two parcels could be sold separately. She would not want any conditions placed on a 1 acre
parcel, and would need to see the conditions tied to both parcels. She wants to look at the long-
range picture and wants to be reasonable in accommodating all parties, but also wants to have
uniformity. Director Polerecky explained that the two parcels could not be sold separately
because a septic system was recently installed that ties the two parcels together.
Mr. Doherty brought up points that the City annexed in the tree service and extended them out
20 years, and Harms Farm was also extended out a long period of time. He does not believe it is
fair to limit him to 3-5 years and making him put money out to satisfy conditions. Lisa Waggoner
reiterated that it may be the most fair to go with Option 3 as Mr. Doherty would agree to help
the neighbor by blocking to the south with arborvitaes, a berm, and lilacs. She state d that this is
what the neighbor wanted from the beginning and what Mr. Doherty offered.
92
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
Guy Youman was present and represented Ms. Knox, who is the neighbor to the south. He
reminded the committee that Mr. Doherty recently purchased the property as an island property.
The horses have only been there two years, so it wouldn’t be logical to let them stay any longer.
There are health issues with the horse feces. He also doesn’t believe a 15 foot setback is enough.
The neighbor to the north also has other issues. There haven’t been horses there for 50 years,
and this is a completely different issue from the Harms scenario. He does not like Option 1 as
there are no conditions to help the neighbors. City Planner Sheriff and Director Polerecky
explained that Option 1 would have the shortest amount of time for nonconformity. Option 3
could allow for horses for up to 10 years.
Brian Kilinski was present at the meeting and is the neighbor to the north. He says they have
dealt with the dust and smell and have runoff as they are downhill from the property. He
contacted the County regarding the complaints and he said they were supposed to look into the
issue. The impacted soil has caused a greater storm water runoff towards them, especially with
the trees that have been cut off. He has health concerns with his young children who like to play
in the backyard. He would like to have the horses gone in the shortest time possible.
Alderman Devine opened the discussion back up to the Committee members. He states that he
keeps thinking about the fact that the horses have only been there two years, and the neighbors
have been there a lot longer with no horses. Alderwoman Miller explained how the process of
forced annexation has brought this forward. She explained that the Council as a whole has
decided that it is time to get all of the little pockets of property that are not in the City limits to
be a part of the City. She discussed how they are using City services and how it can cause
problems by them not being annexed. The City is simply trying to do the right thing and is finally
moving forward with the process that has been discussed for many years.
Director Polerecky stated that the Committee will need to make a recommendation, and asked
if anybody is open to Option 3 with conditions. Alderman Harding would not mind going with
Option 3 but does not like the 10 year period. He wants 3-5 years or even less. Alderwoman
Miller stated that the neighbor to the north would be happy with a 3 year time period. She asked
the neighbor to the north if those conditions would work for him. He stated that none of the
conditions in Option 3 would benefit his property, as he is downhill and his issues are different
than the neighbor to the south. Alderwoman Miller suggested going wit h Option 3 with a 7 year
time period, but Alderman Devine and Alderman Harding both stated that they do not think it is
fair to keep the horses there that long. They are committed to staying with the 3 -5 year time
period. Mr. Doherty explained that if the time allowed is that short, it does not make sense for
him to agree to any conditions that would cause him to spend any money.
93
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
A motion was made by Alderman Harding and seconded by Alderwoman Miller to recommend
approval of Option 1 subject to the terms and conditions outlined within the staff report. By
making said motion, I believe that the Approval Criteria for Use Variances have not been met.
Roll Call: Vote: 3-ayes: Alderwoman Miller, Alderman Harding, Alderman Devine. 0 -nays, 0-
abstained. Motion carried.
Director Polerecky explained that this item will be placed on the agenda for the City Council at
the meeting on January 18, 2021.
94
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
Unapproved Community Development Committee Meeting Minutes
February 26, 2021
Amortization Ordinance Discussion
Cody Sheriff explained that research on this issue was done and verified by Attorney McArdle’s
office. The information has been attached to the packet. There are a couple of ways to handle
amortizations. There can be a fixed period approach where finite timelines are set. The other is
done on a case-by-case basis. Staff suggests doing a hybrid approach, where there is a fixed
timeline but there is the ability for staff or Council to amortize based on special factors which can
give more flexibility.
There are many issues in McHenry that have been found that would be impacted which are now
technically non-conforming. Fortunately there are use variations or zoning map amendments
that can be made to handle the issues depend ing on the future land use recommendations. If
this ordinance is passed, it will also be recommended to accommodate impacted property
owners by waiving fees so that the nonconformities can be cleaned up.
Alderwoman Miller read through the packet and agrees that we need to get properties in
compliance. It is a good thing that we are trying to modernize and standardize these to make
them right. Her concern is that the time frames listed may be too short. She can’t imagine the
administrative work that it will take to identify all of the properties as non-conforming and can’t
see how it will be done within one year.
Attorney McArdle stated that different issues can be amortized at different times depending on
their use. He does not want to wait five years to let the process begin as it may never get taken
care of. Mr. Sheriff explained that we have the ability to give use variances and extensions for
difficult cases. It was decided that everybody would be given one year to begin the process once
the issue is discovered and they have been notified. Committee Members were also in
agreement that fees could be waived to help out the owners. The plan will be to have this issue
taken to the Planning and Zoning Commission and then be brought before the full Council for
approval.
95
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
Approved Planning & Zoning Commission Minutes from February 17, 2021
Public Hearing: City of McHenry
File No. Z-984 Text Amendments to the Zoning Ordinance including but Not limited to
Chapter 16 Nonconformities
Chairman Strach called the hearing to order at 7:30 p.m. regarding File No Z-984 a request for
various text amendments to the City of McHenry Zoning Ordinance including but not limited to
Chapter 16 Nonconformities.
Chairman Strach requested a motion to continue this public hearing to the March 17, 2021
regular meeting to allow staff to fully consider all of the complexities of the request.
Chairman Strach opened the floor to questions and comments from the public. There was
nobody in attendance who wished to address the Commission with public comment.
Chairman Strach closed the public comment portion of the hearing at 7:31 p.m.
Motion by Sobotta seconded by Walsh, with regard to File No. Z-984, to continue the hearing to
the next regularly scheduled meeting date of March 17, 2021.
Roll Call: Vote: 4-ayes: Doherty, Sobotta, Strach, and Walsh. 0-nays, 0-abstained, 3-absent:
Gurda, Lehman, Thacker. Motion Carried.
Chairman Strach continued the Public Hearing regarding File No. Z-984 at 7:35 pm.
96
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
Unapproved Planning & Zoning Commission Minutes from March 17, 2021
Public Hearing: City of McHenry
File No. Z-984 Text Amendments to the Zoning Ordinance including but Not limited to
Chapter 16 Nonconformities
Chairman Strach called the continued hearing to order at 7:30 p.m. regarding File No Z -984 a
request for various text amendments to the City of McHenry Zoning Ordinance including but not
limited to Chapter 16 Nonconformities.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the
City of McHenry is in the process of force annexing unincorporated parcels that are wholly
surrounded by the City of McHenry municipal limits and less than sixty (60) acres. The most
recent annexation cases have demonstrated a need to update the City’s Nonconformities
Ordinance. Staff has been directed by City Council to draft an amortization ordinance to present
to City Council that would amend the recently approved Nonconformities Ordinance. This would
allow the City to sunset nonconforming uses in Residential Zoning Districts that may be negatively
impacting the surrounding area. Staff initially brought the requested amendments to the
February 17, 2021 Planning & Zoning Commission hearing but requested the matter be continued
to allow the Community Development Committee to review. Several revisions have since been
added that includes noticing requirements as well as approval standards for 6 month extensions.
Clarity was also added that the public meeting before Planning & Zoning Commission would be a
public hearing. Staff has also included a draft resolution waiving zoning hearing application fees
for property owners impacted if they desire to petition for zoning relief.
The City Attorney researched and provided staff legal guidance for drafting an ordinance and
provided other local examples in McHenry County. Staff is recommending a hybrid approach that
involves a fixed period of one (1) year with the ability of the property owner to a pply for and
receive an administratively approved six (6) month extension. Any request greater than six (6)
months would require a public hearing by the Planning & Zoning Commission. City Council will
ultimately approve or deny the request based upon Plann ing & Zoning Commission’s
recommendation. Staff is requesting approval of the text amendments to the nonconformities
section of the Zoning Ordinance as drafted and attached to the staff report.
97
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
Planner Sheriff stated if the Planning & Zoning Commission agrees with Staff’s recommended
changes to the Zoning Ordinance, then staff recommends a motion be made to approve text
amendments to the City of McHenry Zoning Ordinance as outlined in the staff report.
There were no questions from the Commissioners.
Chairman Strach invited questions and/or comments from the Public. Lisa Waggoner, attorney,
stated she has been working with Joseph Doherty and they have seen the modifications proposed
by staff. Attorney Waggoner also read the City attorney’s memorandum. Speaking as Mr.
Doherty’s advocate she feels the one year period is too short and asking for an extension is an
inadequate time for extensions granted in a forced annexation. Attorney Waggoner did some
research and stated some other municipalities have oth er methods that appear less taxing on
the property owner. She believes churches have different circumstances. She would like to see
an exception so that upon a forced annexation a different timeframe could be given on a case by
case basis.
Planner Sheriff stated we do have processes in place to allow longer periods of time with a
request and by providing written evidence of a hardship and this process has gone on for quite a
long period of time. Commissioner Strach closed the public comment portion of the hearing at
7:25 p.m.
Commissioner Thacker asked if there is already an avenue in place currently for a request for an
extension or a use variance. Planner Sheriff stated yes the process is already in place with further
extensions requiring another Planning and Zoning Commission meeting and then to City Council.
There were no further questions from the commissioners.
Motion by Walsh seconded by Sobotta to recommend with regard to File No. Z-984, allowing
approval of text amendments to the City of McHenry Zoning Ordinance as outlined in the staff
report, as presented.
Roll Call: Vote: 6-ayes: Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. 0-nays, 0-abstained,
0-absent. Commissioner Doherty was recused. Motion Carried.
Chairman Strach closed the hearing regarding File No. Z-984 at 7:26 p.m.
98
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
ORDINANCE NO 21-
AN ORDINANCE ADOPTING TEXT AMENDMENTS TO CHAPTER 16: NONCONFORMITIES OF THE
CITY OF MCHENRY ZONING ORDINANCE
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions
as granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed by the City of McHenry requesting text amendments
to the City of McHenry Zoning Ordinance; and
WHEREAS, the City of McHenry desires to adopt an amortization ordinance to sunset
nonconforming uses in residential zoning districts to benefit the health, safety, and welfare of
its residents; and
WHEREAS, a public hearing was held before the Planning & Zoning Commission on
February 17, 2021 and March 17, 2021; and
WHEREAS, the Planning & Zoning Commission unanimously recommended approval of
the requested text amendments to City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That Chapter 16 of the City of McHenry Zoning Ordinance is hereby
amended to include the text amendment language attached hereto this Ordinance as “Exhibit
A”.
SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 3: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 4: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
99
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
Passed this 5th day of April, 2021.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman Mihevc _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Schaefer _____ _____ _____ _____
____________________ ________________________
Wayne Jett, Mayor Trisha Ramel, City Clerk
100
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
“Exhibit A”
Draft Text Amendment Language:
11-16-3(G), 11-16-3(H), 11-16-3(I)
G. Amortization of Nonconforming Uses in Residential Zoning Districts. Any nonconforming
use of land located in a residential zoning district which lawfully existed at the time that
this Ordinance became effective, shall be discontinued within one (1) year after the
Zoning Administrator has provided written notice to the property owner. This section
does not apply to nonconforming uses that received approval of a use variance.
H. Requests for Extensions of Nonconforming Uses in Residential Zoning Districts. The
owner or operator of a nonconforming use in a residential zoning district may request a
six (6) month extension of the amortization period.The applicant shall submit a detailed
narrative to the Zoning Administrator explaining the request that includes documentary
evidence such as: 1) the amount of the owner’s investment in the pre-existing,
nonconforming use through the effective date of this ordinance; 2) the amount of such
investment that has been or will have been realized at the conclusion of the
amortization period; 3) the life expectancy of the nonconforming use; and 4) the
existence or nonexistence of lease obligations, as well as any contingency clauses
therein permitting termination of such lease. The Zoning Administrator shall approve or
deny the request based upon the documentary evidence.
I. Requests for Extensions of Nonconforming Uses in Residential Zoning Districts greater
than six (6) months. City Council may grant an extension for the continued operation of
a nonconforming use in a residential zoning district. In order to secure an extension of
time greater than six (6) months, the owner or operator must submit to the Zoning
Administrator a written request for such extension at least sixty (60) days prior to the
end of the amortization period. No application for extension received after such time
shall be considered. This information shall be supported by relevant documentary
evidence such as: 1) the amount of the owner’s investment in the pre-existing,
nonconforming use through the effective date of this ordinance; 2) the amount of such
investment that has been or will have been realized at the conclusion of the
amortization period; 3) the life expectancy of the nonconforming use; and 4) the
existence or nonexistence of lease obligations, as well as any contingency clauses
therein permitting termination of such lease. The Zoning Administrat or shall notify an
applicant of the time and place of a public hearing to be held on such request before the
101
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
Planning & Zoning Commission. The Planning & Zoning Commission shall make a
recommendation to be transmitted to City Council who may approve or deny the
request.
102
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
R-21-
A RESOLUTION WAIVING ZONING HEARING APPLICATION FEES FOR LEGAL
NONCONFORMING USES IN RESIDENTIAL ZONING DISTRICTS
WHEREAS, The City of McHenry desires to amortize nonconforming uses in residential
zoning districts to improve the quality of life for its residents; and
WHEREAS, The City of McHenry recognizes that certain property owners of
nonconforming uses in residential zoning districts have operated in harmony for many years; and
WHEREAS, property owners of nonconforming uses in residential zoning districts
would be negatively impacted and required to pay zoning hearing application fees to request
zoning relief; and
WHEREAS, The City of McHenry does not desire to place undue financial burden on
impacted property owners.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF MCHENRY
WAIVES ZONING HEARING APPLICATION FEES FOR PROPERTY OWNERS OF
LEGAL NONCONFORMING USES IN RESIDENTIAL ZONING DISTRICTS FOR
ONE YEAR FROM THE DATE OF NOTIFICATION BY THE CITY OF MCHENRY.
PASSED and APPROVED this 5th day of April, 2021.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman Mihevc _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Schaefer _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Trisha Ramel, City Clerk
103
Memorandum
To: David W. McArdle
From: Brandy S. Quance
Date: February 5, 2021
Re: Amortization of Land Uses
The City of McHenry is considering passing an amortization ordinance to address
nonconforming uses within its municipal boundaries. Such an ordinance would allow a
property owner to amortize the loss of the present use of the property (the nonconforming
use) over a specified period.1 The City will need to consider each property affected prior to
passing such an ordinance. A specific property owner’s interests may be considered if the
property owner challenges the ordinance. A court may consider the purchase price paid, the
investment costs, the income lost, and the cost of complying with the amortization ordinance
and balance those against the public interest served. Therefore, a longer period of time
lessens the economic impact on a property owner and makes the application of the ordinance
more reasonable (and, therefore the property owner’s argument less viable).
Background
The Illinois Municipal Code gives a municipality the authority to gradually eliminate existing
uses which are incompatible with the character of the district in which it is located.2 Section
11-13-1 of the Municipal Code states:
…
In all ordinances passed under the authority of this Division 13, due
allowance shall be made for existing conditions, the conservation of property
values, the direction of building development to the best advantage of the
entire municipality and the uses to which the property is devoted at the time of
the enactment of such an ordinance. The powers conferred by this Division 13
shall not be exercised so as to deprive the owner of any existing property of its
use or maintenance for the purpose to which it is then lawfully devoted, but
provisions may be made for the gradual elimination of uses, buildings and
structures which are incompatible with the character of the districts in which
they are made or located, including, without being limited thereto, provisions
(a) for the elimination of such uses of unimproved lands or lot areas when the
existing rights of the persons in possession thereof are terminated or when the
uses to which they are devoted are discontinued; (b) for the elimination of
1 See Village of Arlington Heights v. Krause, 16 Ill.App.3d 595, 598 (1973).
2 65 ILCS 5/11-13-1.
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February 10, 2021
2
uses to which such buildings and structures are devoted, if they are adaptable
for permitted uses; and (c) for the elimination of such buildings and structures
when they are destroyed or damaged in major part, or when they have
reached the age fixed by the corporate authorities of the municipality as the
normal useful life of such buildings or structures.
…
An amortization ordinance must benefit the public health, safety, and welfare.3 If it does not,
it may be challenged.4 Like other ordinances, an amortization ordinance is entitled to a
presumption of validity.5 However, the right to continue a nonconforming use is a property
right, so an amortization ordinance depriving an owner of his/her property right without a
public need will not be upheld.6 Further, each case involving an amortization ordinance as
applied to a particular property is judged upon its own particular facts.7 Consideration is
given to the interest of the public and the property owner.8
Illinois courts have considered the follow factors when balancing a property owner’s interests
against the public interest: the purchase price paid by the property owner, the investment
costs by the property owner, the income loss by the property owner, and the cost of
complying with an amortization ordinance.9
Analysis
Illinois case law has dealt with ordinances with an amortization period as short as 6 months
and as long seven years and are outlined below. The following cases upheld an amortization
ordinance:
Village of Glenview v. Velasquez, 123 Ill. App. 3d 806 (1st Dist. 1984)
A 6-month amortization ordinance was allowed as applied to barbed wire on 6-foot
fencing. There was not enough evidence of damage to the property owner to
overcome the public benefit of removing a barbed wire fence from a residential area.
Cook County v. Renaissance Arcade and Bookstore, 122 Ill. 2d 123 (1988)
A 6-month amortization ordinance with an additional 6-month extension upon
application was allowed as applied to adult use establishments. The defendant did not
present any evidence of how it was harmed while the plaintiff presented more than
sufficient evidence of the public benefit.
3 See Village of Oak Park v. Gordon, 32 Ill.2d 295, 298 citing Brown v. Gerhardt, 5 Ill.2d 106 (1955) and
Schneider v. Board of Appeals of City of Ottawa, 402 Ill. 536 (1949).
4 See Oak Park, 32 Ill.2d at 298.
5 Id. at 296 citing Westfield v. City of Chicago, 26 Ill.2d 526 (1962), Marquette Nat. Bank v. Cook County, 24
Ill.2d 497 (1962), LaSalle Nat. Bank of Chicago v. Cook County, 12 Ill.2d 40 (1957).
6 See Oak Park, 32 Ill.2d at 298.
7 Id.
8 Id.
9 See Oak Park, 32 Ill.2d at 297 and Village of Glenview v. Velasquez, 123 Ill.App.3d 806, 810 (1984).
105
February 10, 2021
3
Village of Gurnee v. Miller, 69 Ill. App. 2d 248 (2d Dist. 1966)
A 3-year amortization ordinance was allowed as applied to a junkyard. There was not
enough evidence of damage to the property owner to overcome the public benefit of
removing a junkyard that dismantles automobiles and burns them causing emissions
of black smoke.
Village of Skokie v. Walton on Dempster, Inc., 119 Ill. App. 3d 299 (1st Dist. 1983)
An amortization ordinance allowing for a maximum of 7 years (based upon value)
was allowed as applied to signs. There was not enough evidence of economic
hardship to overcome the public benefit. In addition, in this case, the court included
that sign had been completely depreciated for federal income tax purposes.
The following cases struck down amortization ordinances; however, none of the decisions
were due to the length of time.
Village of Burr Ridge v. Elia, 23 Ill. App. 3d 350 (2d Dist. 1974)
The court stated a 1-year amortization ordinance for unimproved land would not be
upheld as it conflicts with the Municipal Code. The Municipal Code allows “for the
elimination of such uses of unimproved lands or lot areas when the existing rights of
the persons in possession thereof are terminated or when the uses to which they are
devoted are discontinued.” However, I would also note that the Village of Burr Ridge
is not a home rule municipality and the Municipal Code specifically states “[t]his
amendatory Act of 1971 does not apply to any municipality which is a home rule unit,
except as provided in item (12).” (Item 12 involves a municipality regulating political
signs.)
Village of Oak Park v. Gordon, 32 Ill. 2d 295 (1965)
A 5-year amortization ordinance was not allowed as applied to a multi-tenant use
limiting the number of residences from four to two. There was no evidence of a
public need for the restriction or that the public interest would be served while there
was evidence of a financial loss to the defendant.
Conclusion
The City of McHenry in passing an amortization ordinance should make clear the public
benefits to discontinuing the nonconforming uses within its municipal boundaries. The
amortization period will need to consider the properties affected, including the purchase price
paid, the investment costs, the income lost, and the cost of complying with the amortization
ordinance.
Z:\M\McHenryCityof\Amortization of Land Uses Memo.doc
106
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Cody Sheriff, City Planner
FOR: April 5, 2021 Regular City Council Meeting
RE: An Ordinance Annexing Approximately 0.75 Acres Located at 2116 N Ringwood
Road and Resolution Waiving City Water Connection Fees for Home of the
Sparrow Inc.
ATT:
1. Location Map
2. Ordinance annexing property located at 2116 N. Ringwood Road
3. Resolution Waiving City Water Connection Fees for Home of the Sparrow Inc.
4. Annexation Petition
AGENDA ITEM SUMMARY: Home of the Sparrow Inc., property owner of 2116 N. Ringwood Road
(Subject Property), has submitted a petition for annexation. The Subject Property consists of
approximately 0.75 acres and is located on the southeast corner of the intersection at W. West
Shore Drive and Ringwood Road. The property owner is also requesting a waiver of city water
connection fees totaling approximately $13,000.00.
BACKGROUND: The City of McHenry and the petitioner successfully applied and received
$120,000.00 in Community Development Block Grant (2019) funding for the extension of the
water main along Ringwood Road. The goal of the project was to provide water sprinklers to the
site for the safety of the occupants served by Home of the Sparrow. The next step in the process
involves the annexation and connection to city water. Staff estimates the property owner would
be required to pay $13,000.00 in city water connection fees. This cost was not accounted for in
the original application. In order to finish the project, the petitioner is requesting approval of
their request to waive $13,000.00 in water connection fees.
107
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
1
ANALYSIS: The purpose of the project was to serve low-moderate income residents in McHenry
County. Home of the Sparrow provides affordable housing, rapid re-housing, and other
supportive services for single women, pregnant women, and women with children – 93 percent
of women served are domestic abuse survivors. The City of McHenry directly benefits both in
terms of the services provided by the nonprofit agency and from the extension of the water main
north. Staff discussed internally and concluded that waiver of the fees would not negatively
impact city public services. Staff does not object to the petitioner’s request for annexation and
for the waiver of fees and recommends approval.
If the City Council concurs it is recommended the attached ordinances annexing the property
at 2116 N. Ringwood Road and Resolution Waving Water Connection Fees for Home of the
Sparrow Inc. be approved. (Mayor and City Council vote-simple majority required-annexation
ordinance). (City Council vote-simple majority required-resolution).
108
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
2
LOCATION MAP
W West Shore Drive Ringwood Road 109
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
3
ORDINANCE NO. 21-
AN ORDINANCE ANNEXING APPROXIMATELY 0.75 ACRES LOCATED AT 2116 N RINGWOOD
ROAD IN MCHENRY COUNTY, ILLINOIS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions
as granted in the Constitution of the State of Illinois; and
WHEREAS, a written petition has been filed with the City Clerk requesting annexation of
said real estate to the City legally described on “Exhibit A”, attached hereto and incorporated
herein, the “SUBJECT PROPERTY”, along with a complete and accurate plat of said real estate
incorporated herein and attached hereto on “Exhibit B”, and which petition has been filed in
accordance with 65 ILCS 5/7-1-8; and
WHEREAS, said real estate is not located within any other municipality or subject to an
annexation agreement with any other municipality, and said real estate is presently contiguous
to and may be annexed to the City in accordance with 65 ILCS 5/7-1-1, et seq.; and
WHEREAS, the City of McHenry does not provide library or fire protection services to said
real estate, so notice to the Fire Protection District or Public Library District of the annexation of
said real estate is not required; and
WHEREAS, the City has determined that the annexation of said real estate is in the best
interest of the City, will promote sound planning and growth of the City, and otherwise enhance
and promote the general welfare of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: That the SUBJECT PROPERTY be and the same is hereby annexed to and
made a part of the corporate limits of the City of McHenry, including any and all portions of
adjacent street, roads or highways as provided by law.
SECTION 2: That the SUBJECT PROPERTY is hereby zoned RS-4 High Density Single
Family Residential District in accordance with the City of McHenry Zoning Ordinance.
SECTION 3: The City Clerk is hereby directed to cause a certified copy of this ordinance,
together with said plat, to be recorded in the Office of the Recorder of Deeds of McHenry County,
Illinois. Following the recordation of this ordinance and plat, a copy thereof shall be filed in the
Office of the Clerk of McHenry County, Illinois.
110
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
4
SECTION 4: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED THIS 5th DAY OF APRIL, 2021.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman Mihevc _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Schaefer _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Trisha Ramel, City Clerk
111
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
5
EXHIBIT A
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
LOTS 1 THRU 10, INCLUSIVE, IN BLOCK NINE (9) IN WESTSHORE BEACH, MCCULLOM LAKE,
BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION TWENTY ONE (21),
TOWNSHIP FORTY-FIVE (45) NORTH, RANGE EIGHT (8), EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 6, 1939 AS DOCUMENT
NUMBER 138763, IN PLAT BOOK 9, PAGE 32, IN MCHENRY COUNTY, ILLINOIS.
112
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
6
EXHIBIT B
PLAT OF ANNEXATION OF SUBJECT PROPERTY
(ON FILE WITH THE OFFICE OF THE CITY CLERK)
113
114
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
7
R-21-
A RESOLUTION WAIVING WATER CONNECTION FEES FOR HOME OF THE SPARROW INC. AT
2116 N. RINGWOOD ROAD
WHEREAS, The City of McHenry and our residents benefit from the not-for-profit
services provided by Home of the Sparrow Inc.; and
WHEREAS, The City of McHenry and Home of the Sparrow received $120,000.00 in
Community Development Block Grant Funding for the extension of the Water Main on
Ringwood Road in 2019; and
WHEREAS, The City of McHenry desires to complete the project to provide safe
transition housing for survivors of domestic abuse; and
WHEREAS, The City of McHenry Community Development and Public Works
Department staff have analyzed and concluded that waiver of water connection fees for Home
of the Sparrow Inc. would not negatively impact city services.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF MCHENRY WAIVES CITY WATER
CONNECTION FEES FOR HOME OF THE SPARROW INC. FOR THE PROPERTY LOCATED AT 2116
N. RINGWOOD ROAD.
PASSED and APPROVED this 5th day of April, 2021.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman Mihevc _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Schaefer _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Trisha Ramel, City Clerk
115
116
117
118
Monte Johnson
Deputy City Clerk
City of McHenry
333 S Green St
McHenry, Illinois 60050
Phone: (815) 363-2108
mjohnson@cityofmchenry.org
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented, efficient and fiscally responsible manner.
REGULAR AGENDA SUPPLEMENT
DATE: April 5, 2021
TO: City Council
FROM: Ross Polerecky, Director of Community Development
RE: Various Business Licenses
ATT: Packet from the 2/26/21 Community Development Committee meeting,
unapproved minutes from the 2/26/21 CDC meeting
Background:
The Community Development Department is in the process of updating many zoning and
municipal code sections. Recently all business licenses have been transferred to the City Clerk’s
office for processing. The transfer and review of the business license program has brought about
many questions as to why the City still requires some licenses and if it is efficient for the City to
require these licenses.
Analysis:
This issue was taken to the Community Development Committee for review and discussion. The
information from that packet is attached for your review as well. Many of the business licenses
we have are already regulated by the McHenry County Health Department or the State of Illinois.
The City of McHenry simply charges a fee and issues a license without any justification for why a
license is required. Other types of licenses are simply outdated.
After consideration by the Community Development, the following types of licenses are
proposed to be eliminated: Amusements, Coin Operated Devices/Mechanical Amusements,
Food Deliveries, Milk Delivery, Restaurants, Food Dealers, Scavenger, Arborist.
Please note that although we are proposing to eliminate the licenses, we are not proposing to
eliminate the language associated with many licenses. For example, with Restaurants, we are
still keeping the language in the Code regarding their requirements. We are simply removing the
language regarding their need to be licensed and subsections dealing with the licensing.
119
Currently underneath the Amusements chapter, there is a license for Carnivals. We feel it is
necessary to keep a license for Carnivals, and that language would remain. It was also decided
that Ice Cream Trucks should remain licensed by the City, so language will be changed to add Ice
Cream Trucks a requirement. Please note that the Committee’s definition of an Ice Cream Truck
is one that drives down the street to attract business and to stop in neighborhoods. An Ice Cream
Truck is not intended to include actual Food Trucks that park in one location (such as Your Sister’s
Tomato), or Ice Cream Delivery Trucks that deliver to specific residences to fulfill an order (such
as Schwan’s).
The following types of business licenses were not discussed and will remain licensed without
changes: Liquor, Video Gaming, Pawn Brokers, Peddlers, Solicitors, Electric Contractors, Adult
Businesses, Massage Therapy, Flea Markets, Special Sales, Rummage/Garage Sales
Staff Recommendation:
Therefore, if Council concurs, it is recommended that a motion be made to pass the attached
Ordinance Amending Various Business Licenses in the McHenry City Code
Note from Deputy Clerk Johnson:
Listed in the packet for the Community Development Committee is a list of other municipalities
and the types of licenses they require. Please note that this list was made to the best of my ability
due to research done on their websites and listed requirements. It is possible that this list may
not be 100% accurate. For example, Crystal Lake does license food trucks, but food trucks were
not a type of license we have discussed. Woodstock also licenses “Temporary Vendor Permits”,
which is also not a type of license we currently have. And I did not list the required permits that
everybody has, such as liquor and video gaming. I did not think to list those as they are required
by the State and I assumed it would have been a moot point to list those. I wan ted to include
this note so as not to appear like I was trying to hide the facts or give misleading information.
120
Department of Community &
Economic Development
Ross Polerecky, Director
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2182
Fax: (815) 363-2173
rpolerecky@ci.mchenry.il.us
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented, efficient and fiscally responsible manner.
Community Development Committee
Agenda Supplement
DATE: February 26, 2021
TO: Community Development Committee
FROM: Ross Polerecky, Director of Community Development
RE: Business license discussion
Attached: Historic data from city business license program
Background: The Community Development Department is in the process of updating many
zoning and municipal code sections. Recently all business licenses have been transferred to the
city clerk’s office for processing, the transfer and review of the business license program has
brought about many questions as to why the city still requires some licenses and if it is efficient
for the city to require these licenses.
Analysis: Attached is historic data from the city’s business license program, the amount of money
collected on these licenses is very minimal and more than likely does not cover the staff time
required to process these licenses. The goal is to review the licenses and determine if there is a
legitimate reason for each license, if not staff would like to eliminate the licensing from the
municipal code.
Staff Recommendation: Staff is looking for direction on eliminating some business licensing
within our municipal code. Some of the licensing is redundant meaning multiple jurisdictions
require a license, this is true with all food handling operations where the McHenry County
Department of Health oversees the food operation. Other outdated licenses looking to eliminate
include milk delivery and coin operated machines.
121
Amusements
Current Number of License Holders: 1 (McHenry Indoor Theater)
Projected Income: $80
Code:
4-4-2: LICENSE REQUIRED:
It shall be unlawful to conduct or operate any amusement which is open to the public, and for admission
to which a fee is charged, without having first secured a license therefor; provided, that the provisions
of this section shall not be held to apply to those amusements which are specifically licensed by any
other provision of this Code or by any other ordinance of the City.
(1987 Code § 5-2)
4-4-3: APPLICATION FOR LICENSE:
Applications for licenses as provided herein shall be made to the City Clerk as in other cases of
application for licenses and permits, and all applicants shall conform with the general provisions set
forth in chapter 1 of this title.
(1987 Code § 5-3)
4-4-4: FEES FOR LICENSE:
The following fees shall be prerequisites for securing licenses under this chapter:
Athletic exhibitions for profit $25.00 per day
Billiard and pool halls $5.00 per table - annual fee
Bowling alleys $5.00 per alley - annual fee
Carnivals $100.00 per day
Circuses 25.00 per day
Exhibitions 5.00 per day
Motion pictures and theatricals 80.00 annual fee
Public dance halls 50.00 annual fee
Skating rinks 50.00 annual fee
122
Carnivals
Carnivals actually fall under Amusements and has additional language. We believe it is wise to keep the
carnivals licensed, as they undergo background checks and building permit requirements.
4-4-7: CARNIVALS AND CIRCUSES:
A.Definitions: For the purposes of this section, terms shall have the following meaning:
CARNIVAL: A traveling amusement show usually including rides, sideshows and games of skill.
CIRCUS: A traveling company consisting typically of a variety of performances by acrobats, clowns, and
trained animals.
B.Building Permit Required: A building permit is required for a carnival or circus, as defined in
subsection A of this section. Such permit shall not be issued without first obtaining approval by the City
Council with any conditions attached as the City Council deems appropriate to protect the health, safety
and welfare of the public.
C.Application: Not less than forty five (45) calendar days before the carnival or circus, a building
permit application shall be submitted to the Community Development Department, which shall include:
1.A site plan showing the layout of the event, including rides, tents, trailers, overnight quarters for
security personnel (if applicable), and all wires, lines, cables, etc.
2.Certificate of insurance for a minimum two million dollars ($2,000,000.00) general liability,
including bodily injury, property damage and motor vehicle liability, naming the City as an additional
insured. A letter from the insurer stating there are no outstanding claims against the policy.
3.The filing fee, which is fifty dollars ($50.00) for each day the event will run. Said fee may be
waived for City based not for profit organizations that submit a copy of their certificate of incorporation.
4.A letter of consent from the property owner if the event will be held on private property or a
letter to the City Council requesting the use of public property.
5.Information on all proposed signs for the event, including number, size and location.
6.Copy of the McHenry County temporary food service permit, if applicable.
D.Other Limitations:
1.The carnival or circus shall not exceed ten (10) days.
2.The carnival or circus shall not be located in or directly adjacent to any developed residential
area, with the exception that it may be on a church, school or public park property even if located next
to residential property.
3.The event must be operated or sponsored by a not for profit organization based in the City.
4.No private property location may host more than one carnival or circus per year.
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5. No employee, agent or other representative of the carnival/circus may live, sleep or otherwise
remain overnight on the premises of the carnival. Persons providing security on the site may receive an
exemption from this requirement, upon approval by the City Council.
6. All carnival/circus workers must keep government issued photo identification on their person at
all times during the public event. The government issued identification must be presented at any time to
an officer of the City upon request.
7. Only those carnival/circus employees who have completed a background check through the
Police Department will be permitted to work on the premises. The background check is valid for the
calendar year in which it is conducted and is subject to review after the initial approval. No person will
be allowed to work the event if he/she:
a. Is a registered child sex offender; or
b. Has been convicted of a felony in the past five (5) years; or
c. Has been convicted of any other crime involving moral turpitude or violence; or
d. Is identified as a known gang member in the Illinois State Police LEADS System; or
e. Is deemed unfit for any reason by the Police Department.
E. Additional Submittals:
1. Copy of an Illinois Department of Labor amusement ride permit.
2. List of employees who will work on the premises of the carnival/circus, including their legal name,
date of birth, home address and social security number.
3. All registered employees shall submit their fingerprints along with a completed police background
authorization form. The fee for this service shall be five hundred dollars ($500.00) plus fifty dollars
($50.00) for each employee. Volunteers for local not for profit organizations shall be exempt from
fingerprinting.
4. Signed waivers of liability for all employees who will work on the premises of the carnival/circus.
5. Completed City carnival operator questionnaire, if required by the City.
F. Inspections: Any City official shall have free access to the carnival/circus grounds and all booths,
shows and concessions at all times to ensure compliance with City, County and State ordinances and
regulations.
G. Revocation: The City may revoke a permit or carnival worker permit at any time and demand
immediate cessation of the carnival/circus when it is found to be in violation of City, County or State
ordinances and regulations or when public safety is endangered.
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Coin Operated Devices
Current number of licensed holders: 23
Current number of licenses: 53
Projected income: $2650
Regulation: The State of Illinois already licenses and regulates these.
NAME
PROPERTY
ADDRESS
ZIP
CODE AMOUNT
#
MACHINES
After the Fox PO Box 1218 $100.00 2
Alex's Drive In 3709 W. Elm St. $50.00 1
Foxhole Tap & Pizzeria 3308 W. Elm St. $50.00 1
The Gambler 1232 N. Green St. $250.00 5
Just For Fun Roller Rink 914 N. Front St.
Liberty Club, NFP 1304 N. Park St. $50.00 1
Linda's Attic dba Main Street Saloon 3914 W. Main St.
Meijer Store #218 2253 N. Richmond Rd $50.00 1
Millstream Coin Wash 1304 N. Front St. $100.00 2
Steak & Shake #339 2100 N. Richmond Rd. $100.00 2
VFW/Veterans Club, Inc. 3002 W. Elm Street $50.00 1
Vicki's Place 1211 N. River Rd. $50.00 1
Corner Tap 3901 W. Main St.
Buffalo Wild Wings 3343 Shoppers Drive $150.00 3
My Place Bar and Grill 4621 W. Elm Street $200.00 4
Epic Deli 2616 Schaid Court $500.00 10
Buddyz 1138 Green Street $100.00 2
Chen Asian Café 4117 W Shamrock Ln $100.00 2
Corkscrew Pointe 1402 N Riverside Dr $450.00 9
Metalwood Grill (McHenry Country
Club) 820 N John Street $50.00 1
3 Queens 810 Front Street $150.00 3
Jexal's Wingzeria 1260 N Green Street $50.00 1
American Legion 1331 N Riverside Dr $50.00 1
$2,650.00 53
Code:
4-5-1: DEFINITIONS:
As used in this chapter:
ELECTRONIC SWEEPSTAKES MACHINE OR DEVICE: A mechanically, electrically or electronically operated
machine or device, that is owned, leased or otherwise possessed by a sweepstakes sponsor or
125
promoter, or any of the sweepstakes sponsors or promoters partners, affiliates, subsidiaries or
contractors, that is intended to be used by a sweepstakes entrant, that uses energy, and that is capable
of displaying information on a screen or other mechanism.
ENTER OR ENTRY: The act or process by which a person becomes eligible to receive any prize offered in
a sweepstakes.
ENTERTAINING DISPLAY: A visual information capable of being seen by a sweepstakes entrant that takes
the form of actual game play or simulated game play, including, but not limited to, a poker game or any
other kind of playing card game; a bingo game; a craps game; a keno game; a lotto game; an eight-liner
game; a pot-of-gold game; a game based on or involving the random or chance matching of different
pictures, words, numbers of symbols not dependent on the skill or dexterity of the player; a casino or
gambling game; and any other video game the outcome of which is not in whole or in part dependent
on the skill or dexterity of the player that is played in the course of revealing a prize as a result of an
entry into a sweepstakes.
JUKE BOX: Any music vending machine, contrivance or device which, upon the insertion of a coin, slug,
token, plate, disc or key into any slot or other opening, or by the payment of any price, operates or may
be operated, for the emission of songs, music or similar amusement.
MECHANICAL AMUSEMENT DEVICE: Any machine which, upon the insertion of a coin, slug, token, plate
or disc, may be operated by the public generally for use as a game, entertainment or amusement,
whether or not a prize is offered, and whether or not skill in manipulation predominates over chance or
luck. It shall include such devices as marble machines, skill ball, pinball machines, mechanical grab
machines and all games, operations or transactions similar thereto under whatever name they may be
indicated.
PRIZE: Any gift, award, gratuity, goods, service, credit or anything else of value, which may be
transferred to a person, whether possession of the prize is actually transferred or placed on an account
or other record as evidence of the intent to transfer the prize.
SWEEPSTAKES: Any game, advertising scheme or plan, or other promotion which, with or without
payment of any consideration, a person may enter to win or become eligible to receive any prize, the
determination of which is based upon an element of chance.
(Ord. 19-1191, 4-15-2019)
4-5-2: LICENSE REQUIRED:
Any person displaying for public patronage or keeping for operation any juke box or mechanical device,
as defined in section 4-5-1 of this chapter, shall be required to obtain a license from the City, upon
payment of a license fee and upon application, inspection and issuance of such license as provided in
chapter 1 of this title; not for profit corporations shall, however, be exempt from the payment of the
license fee. The regulations and requirements of this section shall not apply to video gaming terminals
authorized and licensed by the State of Illinois pursuant to the Illinois Video Gaming Act and its rules,
and chapter 6 of this title.
(1987 Code § 9-2)
4-5-3: INVESTIGATION:
The Chief of Police shall investigate the location wherein it is proposed to operate such machine,
ascertain if the person is of good moral character, and report their findings to the City Clerk.
126
(Ord. 19-1186, 2-18-2019)
4-5-4: FEES FOR LICENSE:
A. Juke Box, Mechanical Amusement Device: The annual license fee for each juke box or mechanical
amusement device shall be fifty dollars ($50.00) per each juke box and fifty dollars ($50.00) per each
mechanical amusement device for the first twenty (20) mechanical amusement devices at one location.
B. Arcade License Fee: An arcade license fee covering all mechanical amusement devices at one
location in excess of twenty (20) devices shall be two hundred dollars ($200.00), and shall be reviewed
annually.
(1987 Code § 9-5)
4-5-5: TERM OF LICENSE; DISPLAY:
The licenses required by this chapter shall expire on April 30 of each year. The City Clerk shall furnish a
license issued hereunder, which shall be displayed on the premises at all times.
(1987 Code § 9-6)
4-5-6: APPROVAL OF ELECTRICAL DEVICES:
Any device incorporating electrical equipment shall bear the underwriters seal of approval and shall not
be licensed or permitted to operate until this shall have been ascertained.
(1987 Code § 9-4)
4-5-7: NUMBER OF LICENSES:
A. Permitted: No more than four (4) mechanical amusement devices used as games may be licensed
for use at any given business location in the City during any license year; provided, however, that
additional licenses may be issued for use at any such location if the gross revenues from such devices at
such location does not at any time exceed twenty five percent (25%) of the licensee’s gross revenues
from the sale of other services, goods or products at such location.
(1987 Code § 9-8)
B. When Number Unlimited:
1. In addition to the licenses authorized by subsection A of this section, an unlimited number of
mechanical amusement devices may be licensed for use at one business location within the City during
any business year; the following rules and regulations apply to such business operation:
a. It shall be unlawful to permit the premises to remain open between the hours of twelve o’clock
(12:00) midnight and ten o’clock (10:00) A.M. Within fifteen (15) minutes after the legal hour for closing,
all customers shall be off the premises.
b. No food or beverages of any kind shall be sold on the premises.
c. It shall be unlawful to possess or consume alcoholic beverages on the premises.
d. Children of school age (whether enrolled in school or not) shall not be permitted on the
premises during regular school hours, including lunch times and recesses.
e. No person under the age of sixteen (16) years shall be permitted on the premises at any time
unless supervised by an adult person at such business location.
127
f.No person who is subject to the curfew laws of the State of Illinois or to the curfew ordinances
of the City, shall be permitted to remain on the premises later than fifteen (15) minutes prior to the time
that such curfew goes into effect.
2.No license may be issued under the provisions of this subsection B unless the location at which
such license is to be used is first approved by formal action of the Mayor and City Council. Any person or
entity who obtains any license under the provision of this subsection B thereby acknowledges that the
Mayor and City Council may, in their sole discretion, repeal this subsection B in its entirety, and also that
the annual renewal of any such license shall not be construed as a vested right, but shall be subject to
the sole discretion of the Mayor and City Council. No person or entity obtaining any license hereunder
may sell or dispose of any such license.
(1987 Code § 9-9)
4-5-8: GAMBLING DEVICES PROHIBITED:
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling device
whatsoever, or any mechanism that has been judicially determined to be a gambling device, or in any
way contrary to law, or that may be contrary to any future laws of the State of Illinois, except video
gaming terminals licensed by the City and State of Illinois and chapter 6 of this title.
(1987 Code § 9-7)
4-5-9: ELECTRONIC SWEEPSTAKES MACHINES OR DEVICES PROHIBITED:
It shall be unlawful for any person to own, lease, operate or place into operation an electronic
sweepstakes machine or device in any location open to the public within the City for the following
purposes:
A.To conduct a sweepstakes through the use of an entertaining display including the entry process or
the reveal of a prize; or
B.To promote a sweepstakes that is conducted through the use of an entertainment display including
the entry process or the reveal of a prize.
(Ord. 19-1191, 4-15-2019)
4-5-10: VIDEO GAMING TERMINALS - NOT PROHIBITED:
Nothing contained in this chapter shall be construed as prohibiting duly licensed video gaming terminals
as authorized by chapter 6 of this title.
(Ord. 19-1191, 4-15-2019)
4-5-11: VIOLATION; PENALTY:
Any person violating any provision of this chapter shall be fined not less than two hundred fifty dollars
($250.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each machine or device
found to be in violation, and each day such violation occurs or continues, shall constitute a separate and
distinct offense.
128
Food Deliveries
Current number of licensed holders: 5
Projected income: $250
Regulation: The McHenry County Health Department already licenses and regulates these.
NAME ADDRESS CITY STATE
ZIP
CODE AMOUNT
Tropical Chill 4816 Inmans Way Ringwood IL 60072 $50.00
Schwan's Home Service,
Inc. P.O. Box 178 Marshall Minnesota 56258 $50.00
Klondike Distribution 410 Sheridan Road Racine WI 53403 $50.00
Polar Bear Ice Cream 77 Jack Frost Lane #4 Fox Lake IL 60020 $50.00
Kona Ice of McHenry
County 8485 Pyott Road Lake In The Hills IL 60156 $50.00
$250.00
Code:
5-5-1: LICENSE REQUIRED:
It shall be unlawful to use or permit the use of any vehicle, including wagons, motor vehicles and
vehicles propelled by human power, for the storage or carrying of any meat, poultry, fish, lard,
vegetables, bread or bakery products, or any other provisions intended for human consumption,
including beverages other than milk, in the City for the purpose of delivering any such foodstuffs to any
place in the City for sale and consumption at the place delivered, unless a license for such vehicle is first
secured and the provisions of this chapter are fully complied with.
(1987 Code § 11-61)
5-5-2: APPLICATION FOR LICENSE; FEE:
A.Submittal; Issuance: Applications for licenses required by this chapter shall be made to the City
Clerk under the provisions generally applicable as set forth elsewhere in this Code, and such applications
shall recite the names of the persons making such deliveries and the nature of the goods carried. The
Clerk shall issue such licenses if requirements have been satisfied, and shall maintain a list of all such
licenses issued.
B.Fee: The annual fee for such licenses, per vehicle, shall be fifty dollars ($50.00) per year.
(1987 Code § 11-62)
5-5-3: EXEMPTION FROM FEE:
No license fee shall be required for any vehicle used to deliver foodstuffs as hereinabove set forth, from
any establishment which is licensed and inspected as a food dealing establishment in the City; but all
provisions of this chapter, other than that providing for the payment of a fee, shall be complied with in
connection with such vehicles.
(1987 Code § 11-63)
5-5-4: INSPECTIONS:
129
It shall be the duty of the Health Department to make or cause to be made such inspections as may be
necessary to ensure compliance with the provisions of this chapter.
(1987 Code § 11-65)
5-5-5: SANITATION REQUIREMENTS:
A.Sanitary Vehicles: All vehicles used in food deliveries shall be kept in a clean and sanitary condition
and shall be thoroughly cleaned each day they are so used. It shall be unlawful to permit any
stale food, decaying matter, or any other waste material or product to accumulate in or on any such
vehicle while it is so used.
B.Unwrapped Foodstuffs: If unwrapped foodstuffs are transported in any such vehicle, such goods
shall be carried in a portion or compartment of the vehicle which is cleaned and protected against dust
and insects.
(1987 Code § 11-66)
5-5-6: REVOCATION OF LICENSE:
Any license issued under the provisions of this chapter may be revoked by the City for any violation of
any section or regulation hereof, and such revocation shall be in addition to any fine imposed.
130
Milk Delivery
Current number of licensed holders: 0
Projected income: $0
Regulation: The McHenry County Health Department already licenses and regulates these.
5-4-1: APPLICABILITY:
All milk and milk products controlled by the provisions of this chapter shall be those as defined in the
Illinois Food, Drug and Cosmetic Act and as shall be subsequently amended.
(1987 Code § 11-49)
5-4-2: ENFORCEMENT:
A. Health Department: This chapter shall be enforced by the Health Department in accordance with
applicable interpretations thereof contained in the Illinois Compiled Statutes, as amended, pertaining to
the regulation of dairy products, an official copy of which shall be on file in the McHenry County Health
Department, except that in case any provisions or part of this chapter does not meet the minimum
requirements of the State law, then the requirements of the State law shall apply only to that provision
or part thereof so affected.
B. Interpretations: The Health Department is further authorized to enforce any part of this chapter
which may not be covered by either said Code or State law, by applying interpretations thereof which
are necessary to safeguard the public health.
(1987 Code § 11-50)
5-4-3: LICENSE FOR MILK DEALERS, MILK DELIVERY VEHICLES:
A. License Required: It shall be unlawful for any person to engage in the business of a milk dealer
within the City or to operate a milk delivery truck in the City for delivery of milk to any location within
the City without first securing an annual license to do so. The annual fee for such license shall be two
hundred dollars ($200.00) for each delivery truck and milk dealership. The application for such license
shall comply with the general regulations for license applications as set forth in this Code.
B. Exception: No annual license shall be required if the activity sought hereunder to be licensed is
subject to the City Sales Tax.
(1987 Code § 11-51)
5-4-4: STANDARDS:
It shall be unlawful to sell or offer for sale within the City, any milk or milk product which shall not have
been produced and maintained until delivery in compliance with the Grade A milk statute of the State of
Illinois and which is not labeled or branded as being in conformity with all State of Illinois Grade A
requirements or which is not produced, processed, delivered and sold by a person, firm or corporation
subject to health control of an area or municipality approved by the State of Illinois, Department of
Health, Division of Foods and Dairies.
(1987 Code § 11-52)
5-4-5: PENALTY:
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Any person, firm or corporation violating any provision of this chapter shall be fined not less than twenty
five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense committed on each
day during, or on which, a violation occurs or continues.
132
Restaurants
Current number of licensed holders: 41
Projected income: $1230
Regulation: The McHenry County Health Department already licenses and regulates these.
Name
Alex's Drive In
Burger King #2179
Burger King #12090
China House Restaurant
Chipotle Mexican Grill
Dairy Queen
Dunkin Donuts/Baskin Robbins
Dunkin Donuts
Dunkin Donuts
Grand Buffet
Happy Jack's
IHOP
Jimmy John's
LaRose Ent, Inc d/b/a Subway
Little Chef Restaurant
Long John Silvers
Main Street Café
McDonald's - Route 120 Bear
McDonald's - Route 31 Bear
Panera Bread
Steak N Shake #339
Subway
Taco Bell
Taco & Burrito Express
Tommy's Red Hots
Wendy's
Panda Express #2048
Kiera's Confection
Great China
McDonald's - Richmond Road Bear
New China Town Inc.
Domino's Pizza #2859
FQSR, LLC dba KBP FOODS
Jimano's Pizza
Main Street Café
Starbuck's
Starbuck's
Jersey Mike's Subs
Main Street Café
MCHCR ENTERPRISES, INC./Culvers of
McHenry
Popeye's of McHenry
133
Code:
5-6-1: DEFINITIONS:
The following definitions shall apply in the interpretation and enforcement of this chapter:
EMPLOYEE: Any person who handles food or drink during preparation or serving, or who comes in
contact with any eating or cooking utensils, or who is employed in a room in which food or drink is
prepared or served.
FOOD: All articles used for food, drink, confectionery or condiment, whether simple, mixed or
compound, and all substances or ingredients used in the preparation thereof.
HEALTH DEPARTMENT: A duly appointed Health Officer of the McHenry County Health Department, or
their authorized representative.
ITINERANT RESTAURANT: A restaurant operation which does not have a permanent business address in
the City and which pays no Sales Tax to the City, and which operates for a temporary period in
connection with a fair, carnival, circus, public exhibition, or other similar gathering.
RESTAURANT: Any restaurant, coffee shop, cafeteria, short order café, luncheonette, tavern, sandwich
stand, drug store and soda fountain serving food, and all other eating or drinking establishments, as well
as kitchens or other places in which food or drink is prepared for sale elsewhere.
UTENSILS: Any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with
which food or drink comes in contact during storage, preparation, or serving.
(1987 Code § 11-36; amd. Ord. 19-1186, 2-18-2019)
5-6-2: ENFORCEMENT INTERPRETATION:
This chapter shall be enforced by the Health Department in accordance with the interpretations thereof
contained in the most current edition of the U.S. Public Health Service Food Service Sanitation Manual, a
copy of which shall be on file at the McHenry County Health Department; provided, however, that
should any provision, item or part thereof fail to meet the minimum requirements of State law, the
requirements of said State law shall apply only to that provision, item or part.
(1987 Code § 11-37)
5-6-3: HEALTH DEPARTMENT PERMIT; POSTING; SUSPENSION, REVOCATION:
A. Permit Required; Posting: It shall be unlawful for any person to operate a restaurant in the City
who does not possess an unrevoked permit from the Health Department. Such permit shall be posted in
a conspicuous place. Only persons who comply with the requirements of this chapter shall be entitled to
receive and retain such a permit. A person conducting an itinerant restaurant shall be required to secure
a permit.
B. Suspension, Revocation: Such a permit may be temporarily suspended by the Health Department
upon the violation by the holder of any of the terms of this chapter, or revoked after an opportunity for
a hearing by the Health Department upon serious or repeated violation.
(1987 Code § 11-38)
5-6-4: FEES FOR PERMIT:
Every applicant for a permit to operate a restaurant or itinerant restaurant shall pay to the City a fee or
fees for each such establishment in accordance with the following schedule:
134
Restaurants, annually $30.00
Itinerant restaurant, for each period of 5 days or less 50.00
The foregoing fees shall not be prorated.
(1987 Code § 11-39)
5-6-5: FEE EXEMPTIONS FOR NONPROFIT ORGANIZATIONS:
The provisions of section 5-6-4 of this chapter shall apply to all restaurants and
itinerant restaurants operated by fraternal organizations, service clubs, religious, educational and
charitable institutions; provided, however, these organizations shall be exempt from the payment of any
permit fees; and provided, further, that said organizations are maintained not for profit and the service
rendered is confined to members of the organizations and their guests.
135
Food Dealer
Current number of licensed holders: 25
Projected income: $750
Regulation: The McHenry County Health Department already licenses and regulates these.
NAME PROPERTY ADDRESS
Dollar Tree Store, Inc. 4322 W. Elm Street
General Nutrition Ctr. #3660 1774 N. Richmond Road
Goodwill of Northern Illinois 2006 N. Richmond Road
Jo-Ann Fabric Store 3310 Shoppers Drive
Just For Fun Roller Rink 914 Front Street
La Michoacana 4334 W. Elm Street
Little Caesars 4320 W. Elm Street
McHenry Quik Shop 4416 W. Elm Street
Meijer Gas Station #218 2149 N. Richmond Rd.
Michael's Stores, Inc. #2717 2244 N. Richmond Rd.
Nature's Cornucopia 1717 N. Richmond Rd.
Papa John's 3804 W. Elm Street
Papa Saverios 1777 N. Richmond Rd.
Riverside Bake Shop, Inc. 1309 N. Riverside Drive
Riverside Chocolate Factory 2102 W. Route 120
Rosati's Pizza McHenry 4802 W. Elm Street
Specialty Managements, LLS 2461 Richmond Road
Lesley's Bakery 1214 N. Green Street
Ross Dress for Less 3328 Shoppers Drive
Five Below 3414 Shoppers Drive
Transmisora Azteca, Inc. 3724 W. Elm Street
McHenry Downtown Theatre 1208 N. Green Street
The Olive Branch Gourmet Foods 1222 N. Green Street
Old Town Pizza 514 S. Route 31
Papa John's Pizza PO Box 470365
Code:
5-3-1: DEFINITIONS:
The following words and phrases used in this chapter shall have the following meanings unless a
different meaning clearly appears from the context:
FOOD: Shall be construed to include beverages.
136
FOOD DEALER: Shall be construed to mean and include every person engaged in the business of selling
food at retail for human consumption, either on or off the premises where sold.
(1987 Code §§ 11-16, 11-17)
5-3-2: ENFORCEMENT:
The County Health Department shall, by agreement with the City, be responsible for the enforcement of
this chapter, except those provisions relating to Municipal licenses.
(1987 Code § 11-18)
5-3-3: LICENSE REQUIRED; PROCEDURE; FEE:
It shall be unlawful for any food dealer to engage in, or do business in the City without having first
secured a license therefor. Application for such license shall be made in compliance with the general
provisions of this Code relating thereto and shall state therein the kind of food intended to be sold or
handled. The annual fee for such license shall be thirty dollars ($30.00).
(1987 Code § 11-19)
5-3-4: DOUBLE LICENSING:
Any person licensed to sell any of the foods or beverages for the sale of which a license is required by
the terms of this chapter or title 4, chapter 2 of this Code may conduct on the same premises and in
connection with the licensed business, any other business mentioned in this chapter or title 4, chapter 2
of this Code without paying any additional fee therefor; provided, that the fee paid for the licensed
business is at least as great as the amount of the fee required for the other business so conducted. This
section shall not be so construed as to relieve any such applicant from the regulatory requirement to
such business.
(1987 Code § 11-23)
137
Scavenger
Current number of licensed holders: 4
Number of licensed vehicles: 24
Projected income: $2400
Regulation: The Illinois EPA regulates their dumping*
NAME CITY AMOUNT
# OF
VEHICLES
Groot Industries, Inc. Elk Grove
Village $200.00 2
MDC Environmental Services, Inc. Marengo $300.00 3
Waste Management of Illinois, Inc. McHenry $200.00 2
Advanced Disposal Services Waukegan $1,700.00 17
$2,400.00
4-12-1: DEFINITION:
For the purpose of this chapter, the word SCAVENGER means any person engaged in the business of
collecting, carting, hauling or transporting garbage, ashes, refuse of all kinds and any and all
miscellaneous waste materials.
(1987 Code § 11-99)
4-12-2: LICENSE REQUIRED:
No person shall engage in the business of scavenger in the City, without first having obtained an
annual scavenger license from the City.
(1987 Code § 11-117)
4-12-3: EXEMPTIONS:
This chapter shall not apply to anyone who is engaged in the business of landscaping, lawn and ground
maintenance, tree trimming, lawn mowing, bush and tree trimming, construction or trucking who
remove, haul and dispose of brush, tree branches and trunks, grass clippings, landscape wastes, building
debris, construction debris or junk.
(1987 Code § 11-100)
4-12-4: NUMBER OF LICENSES:
Only one scavenger license for one-, two-, three- and four-family residence service in the City shall be
issued. Scavenger licenses for all other scavenger services in the City shall be issued on a nonexclusive
basis.
(1987 Code § 11-117.1)
138
4-12-5: APPLICATION FOR LICENSE:
Application for a scavenger’s license shall be filed with the City Clerk. Such application shall be signed,
under oath, by the applicant and shall disclose the name, residence address and telephone number of
the applicant, the business address and telephone number of the applicant, the make, model, year and
serial number of each vehicle used and to be used by the applicant in the scavenger operations, and the
total number of such vehicles.
(1987 Code § 11-118)
4-12-6: EXCLUSIVE LICENSE:
A. Terms And Conditions: The exclusive license for one-, two-, three- and four-family
residence scavenger service in the City shall be issued to such scavenger on such terms and conditions as
the City Council may from time to time determine.
(1987 Code § 11-117.2)
B. Bond Required: The waste hauler who is awarded the exclusive license for one-, two-, three- and
four-family residential scavenger services shall immediately, upon being awarded the license, file a bond
with the City in the penal sum of two hundred fifty thousand dollars ($250,000.00), executed by the
waste hauler as principal and also by two (2) noncorporate sureties, who shall be residents of the State.
The waste hauler, however, shall have the option of substituting a corporate surety on such bond, in lieu
of the aforesaid noncorporate sureties. Such bond shall be approved by the City Attorney and shall be
conditioned upon the waste hauler complying fully with all of the provisions of the ordinances of the
City at all times and also complying fully with all of the provisions of the Statutes of the State.
(1987 Code § 11-119)
4-12-7: ISSUANCE OF LICENSE:
The City Clerk shall receive and issue scavenger licenses based upon receipt of all required
documentation and fees as stated herein.
(1987 Code § 11-120)
4-12-8: FEE FOR LICENSE:
No annual fee shall be charged for the exclusive license issued for one-, two-, three- and four-family
residential scavenger service. The annual fee for all other scavenger licenses shall be one hundred
dollars ($100.00) for each vehicle that is to be used in the scavenger business in the City.
(1987 Code § 11-121)
4-12-9: TERM:
The term of an annual scavenger’s license shall be the same as the fiscal year of the City (May 1 to April
30).
(1987 Code § 11-122)
4-12-10: VEHICLE INSURANCE:
Each vehicle used in scavenger operations licensed under this chapter shall be insured against public
liability in the amount of one million dollars ($1,000,000.00) for each person injured and in the amount
of one million dollars ($1,000,000.00) for each occurrence.
(1987 Code § 11-102)
139
4-12-11: VEHICLE REQUIREMENTS:
A. Watertight; Cover: All vehicles used by a scavenger in their business shall be watertight and shall
be equipped with airtight covers for such portions as are used for the transportation of garbage, refuse
of all kinds or miscellaneous waste materials.
(Ord. 19-1186, 2-18-2019)
B. Vehicles And Containers Closed: All vehicles, boxes or containers used or leased by
a scavenger shall be kept securely closed to prevent the contents from scattering.
(1987 Code § 11-104)
4-12-12: RESIDENTIAL SERVICES:
A. Rates, Terms, Conditions: The scavenger licensee furnishing one- and two-family
residential scavenger service shall provide such services at such rates and under such terms and
conditions as may be determined from time to time by the City Council.
B. Special Services: A scavenger may provide such other special type of collection service (such as the
pickup of household debris, construction material, junked appliances, discarded furniture or other
miscellaneous materials) as the homeowner may request at a collection fee to be agreed upon between
the scavenger and the homeowner.
(1987 Code § 11-105)
4-12-13: BUSINESS, COMMERCIAL AND INDUSTRIAL SERVICES:
A scavenger licensed under this chapter may contract with each business, commercial and industrial
establishment, individually, for scavenger service, at a monthly collection fee to be agreed upon
between them.
(1987 Code § 11-106)
4-12-14: REVOCATION OF LICENSE:
A. Authority; Notice: The Mayor and City Council may revoke any scavenger’s license issued under
this chapter, where the licensee has violated any of the regulations prescribed in this chapter. Notice of
such revocation shall be given to the licensee by personal delivery to the licensee, or by certified mail
addressed to the licensee. The licensee shall be entitled to a hearing before the Mayor and City Council
in connection with such revocation, provided he makes written demand for such hearing within five (5)
days after he has received the notice of revocation.
(1987 Code § 11-123)
B. Hearing: A hearing demanded by the licensee under this section shall take place within fifteen (15)
days after the demand for the hearing has been filed with the City Clerk. Whenever a demand has been
made by a licensee for a hearing in connection with the revocation of their license, the licensee shall be
permitted to continue scavenger operations in the City during the time that such hearing on the
revocation is pending.
(Ord. 19-1186, 2-18-2019)
140
Arborist
Current number of licensed holders: 0
Projected income: $0
Regulation: Not sure if they have to be State licensed
8-3A-21: ARBORIST’S LICENSE AND BOND:
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or
removing street trees or trees overhanging streets, rights-of-way or utility easements without first
applying for and procuring a license from the City Clerk. The annual license fee, based on fiscal year,
shall be twenty five dollars ($25.00). No license shall be required of any public service company
franchised by the City or of any City employee. Before any license is issued, each applicant shall first file
satisfactory evidence with the City Clerk of liability insurance coverage for general liability, automobile
liability, excess liability and workers’ compensation liability in the minimum amounts of one million
dollars ($1,000,000.00) for bodily injury and one million dollars ($1,000,000.00) for property damage,
which insurance policy shall name the City as an additional insured party thereon, and which shall
indemnify the City from any and all claims, damages and judgments on account of any injury to person
or property resulting from the conduct and actions of such licensee.
(1987 Code § 24-21)
8-3A-22: PENALTY:
141
Business Licenses – Other Municipalities
Woodstock - None
Crystal Lake - tattoo, massage
Lake Zurich - None* (technically all, but through certificates of occupancy)
Algonquin - None* (business registration, all businesses through certificates of occupancy)
Mundelein - Pawnbrokers, Food Trucks, Pawnbrokers, Second Hand Goods (then Business
Registrations for others)
Barrington - Food Establishment, Amusement, Tobacco, Massage (then Business Registrations for
others)
Elgin - Food Handling, Tobacco, Home Business (then Business Registration Licenses for others)
Harvard- Amusement, Contractors, Home Occupation, Ice Cream Vehicle, Tobacco, Massage,
Outdoor Market, Taxi, Vending
St. Charles - Carnival, Tobacco, Amusements, Horse Drawn Carriage, Massage, Scavenger, Towing
Aurora - None
Rochelle - None (business registration)
Waukegan - Home Business, Home Day Care, Mobile Food Vendor (then all regular Business License)
Island Lake - None (business registration)
Prairie Grove - None
*Note For those listed with “Business Registration”, or “all through certificates of occupancy”,
they don’t have business licenses for special or different businesses. They require ALL businesses to
register, but not usually a fee. They are usually just issued a Business Registration certificate or license
by going through the standard building permit procedure to obtain their Certificate of Occupancy. Then
they just give them a Business Certificate or License just so they can keep track of who has a business in
their town.
142
Community Development Committee
Meeting Minutes
February 26, 20201
Page 1
Community Development Committee Meeting
February 26, 2021
Call to Order: Alderman Devine called the meeting to order at 3:00 p.m. The meeting was held
remotely via Zoom due to the COVID-19 pandemic. The meeting was in compliance with the
Open Meetings Act per guidelines by the Illinois Attorney General’s Office.
Roll Call: Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Devine,
Alderman Harding, Alderwoman Miller. Others present: City Planner Cody Sheriff, Community
Development Director Ross Polerecky, Deputy City Clerk Monte Johnson, City Attorney David
McArdle
Public Comments: No members of the public offered any comment.
Approval of Minutes: A motion was made by Alderwoman Miller and seconded by Alderman
Harding to approve the minutes of the January 5, 2021 , Community Development Committee
meeting. Roll Call: Vote: 3-ayes: Alderwoman Miller, Alderman Harding, Alderman Devine. 0-
nays, 0-abstained. Motion carried.
Amortization Ordinance Discussion
Cody Sheriff explained that research on this issue was done and verified by Attorney McArdle’s
office. The information has been attached to the packet. There are a couple of ways to handle
amortizations. There can be a fixed period approach where finite timelines are set. The other is
done on a case-by-case basis. Staff suggests doing a hybrid approach, where there is a fixed
timeline but there is the ability for staff or Council to amortize based on special factors which can
give more flexibility.
There are many issues in McHenry that have been found that would be impacted which are now
technically non-conforming. Fortunately there are use variations or zoning map amendments
that can be made to handle the issues depending on the future land use recommendations. If
this ordinance is passed, it will also be recommended to accommodate impacted property
owners by waiving fees so that the nonconformities can be cleaned up.
Alderwoman Miller read through the packet and agrees that we need to get properties in
compliance. It is a good thing that we are trying to modernize and standardize these to make
them right. Her concern is that the time frames listed may be too short. She can’t imagine the
administrative work that it will take to identify all of the properties as non-conforming and can’t
see how it will be done within one year.
143
Community Development Committee
Meeting Minutes
February 26, 20201
Page 2
Attorney McArdle stated that different issues can be amortized at different times depending on
their use. He does not want to wait five years to let the process begin as it may never get taken
care of. Mr. Sheriff explained that we have the ability to give use variances and extensions for
difficult cases. It was decided that everybody would be given one year to begin the proces s once
the issue is discovered and they have been notified. Committee Members were also in
agreement that fees could be waived to help out the owners. The plan will be to have this issue
taken to the Planning and Zoning Commission and then be brought before the full Council for
approval.
Clerk’s Note: Attorney McArdle left the meeting at 3:47 p.m.
Business License Discussion
Director Polerecky stated that the City has many different business licenses that appear to be
outdated. The Committee was given a rundown of the current license types, their fees, the
wording for each, and our projected income. Alderwoman Miller stated that she thinks it is a
good idea to get rid of all of the license types listed except for carnivals. Committee members
agreed, but there was a discussion regarding ice cream trucks. Even though they are licensed by
the County, it may be wise to keep those licensed so that we have an easy way to access their
information in case a problem arises. It was agreed upon that food trucks and other delivery
vehicles do not need to be licensed, but ice cream trucks should be. An ordinance will be prepared
to bring to the full Council.
Staff Report
Director Polerecky explained that the developers of the proposed apartment complex will hold a
Town Hall style meeting online next Wednesday. Permit fees are also set to change, and those
will be brought before the Council. The Trio gas station preliminary site plans have been received,
and they hope to break ground this summer. The Thornton’s behind the Chocolate Factory also
plans to break ground this year. Mr. Sheriff explained that work is underway on the Streetscape
Master Plan, and timelines are being finalized.
Adjournment: A motion was made by Alderman Harding and seconded by Alderwoman Miller
to adjourn the meeting at 4:18 p.m. Roll Call: Vote: 3-ayes: Alderwoman Miller, Alderman
Harding, Alderman Devine. 0-nays, 0-abstained. Motion carried.
Alderman Devine Deputy Clerk Monte Johnson
_________________________________ _________________________________
144
ORDINANCE NO. 21 -
Amending Nine (9) Different Section s Regarding Business Licenses of the McHenry
City Code
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage
of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the
Constitution of the State of Illinois.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of McHenry,
McHenry County, Illinois, as follows:
SECTION 1: That Title 4, Chapter 5: Coin Operated Devices of the Municipal Code
is hereby amended as follows: Delete Sections 4 -5 -2, 4-5-3, 4-5-4, 4 -5-5, 4-5-6; and 4-5-7; and
renumber 4-5-8 to 4-5-2, renumber 4-5-9 to 4-5-3; renumber 4-5-10 to 4-5-4, and renumber 4 -5-11
to 4-5-5.
SECTION 2: That Title 8, Chapter 3, subsection 8-3A-21: Aborist’s License and
Bond, shall be deleted in its entirety, and subsection 8 -3A-22: Penalty, shall be renumbered 8-3A-21.
SECTION 3: That Title 5, Chapter 5: Food Deliveries of the Municipal Code is
hereby amended as follows: Delete Sections 5 -5-1, -5-5-2, and 5-5-3; and renumber 5 -5-4 to 5 -5-1,
renumber 5-5-5 to 5-5-2, and renumber 5-5-6 to 5-5-3.
SECTION 4: That Title 5, Chapter 4: Milk and Milk Products of the Municipal Code
is hereby amended as follows: Delete Section 5-4-3 and renumber 5 -4-4 to 5-4-3, and renumber 5 -4-
5 to 5-4-4.
SECTION 5: That Title 5, Chapter 6: Restaurants of the Municipal Code is hereby
amended as follows: Delete sections 5-6-4 and 5-6-5; and renumber 5 -6-6 to 5 -6-4, renumber 5 -6-7
to 5-6-5, and renumber 5 -6-8 to 5-6-6.
SECTION 6: That Title 5, Chapter 3: Food and Food Handlers of the Municipal
Code is hereby amended as follows: Delete sections 5 -3-3 and 5 -3-4; and renumber 5-3-5 to 5-3-3,
renumber 5-3-6 to 5-3-4, renumber 5-3-7 to 5-3-5, renumber 5-3-8 to 5-3-6, renumber 5-3-9 to 5-3-7,
renumber 5-3-10 to 5-3-8, renumber 5-3-11 to 5-3-9, and renumber 5 -3-12 to 5-3-10.
SECTION 7: That Title 4, Chapter 4: Amusements of the Municipal Code is hereby
amended by deleting it in its entirety, renaming it to Chapter 4: Carnivals and Circuses, and
replacing it with the following language:
Chapter 4: Carnivals and Circuses
4-4-1: Definitions
For the purposes of this section, terms shall have the following meaning:
CARNIVAL: A traveling amusement show usually including rides, sideshows and games of skill.
145
CIRCUS: A traveling company consisting typically of a variety of performances by acrobats, clowns, and
trained animals.
4-4-2: Building Permit Required:
A building permit is required for a carnival or circus, as defined in subsection A of this section. Such permit
shall not be issued without first obtaining approval by the City Council with any conditions attached as the
City Council deems appropriate to protect the health, safety and welfare of the public.
4-4-3: Application:
Not less than forty five (45) calendar days before the carnival or circus, a building permit application shall
be submitted to the Community Development Department, which shall include:
A. A site plan showing the layout of the event, including rides, tents, trailers, overnight quarters for
security personnel (if applicable), and all wires, lines, cables, etc.
B. Certificate of insurance for a minimum two million dollars ($2,000,000.00) general liability,
including bodily injury, property damage and motor vehicle liability, naming the City as an additional
insured. A letter from the insurer stating there are no outstanding claims against the policy.
C. The filing fee, which is fifty dollars ($50.00) for each day the event will run. Said fee may be waived
for City based not for profit organizations that submit a copy of their certificate of incorporation.
D. A letter of consent from the property owner if the event will be held on private property or a letter to
the City Council requesting the use of public property.
E. Information on all proposed signs for the event, including number, size and location.
F. Copy of the McHenry County temporary food service permit, if applicable.
4-4-4: Other Limitations:
A. The carnival or circus shall not exceed ten (10) days.
B. The carnival or circus shall not be located in or directly adjacent to any developed residential area,
with the exception that it may be on a church, school or public park property even if located next to
residential property.
C. The event must be operated or sponsored by a not for profit organization based in the City.
D. No private property location may host more than one carnival or circus per year.
E. No employee, agent or other representative of the carnival/circus may live, sleep or otherwise remain
overnight on the premises of the carnival. Persons providing security on the site may receive an exemption
from this requirement, upon approval by the City Council.
F. All carnival/circus workers must keep government issued photo identification on their person at all
times during the public event. The government issued identification must be presented at any time to an
officer of the City upon request.
G. Only those carnival/circus employees who have completed a background check through the Police
Department will be permitted to work on the premises. The background check is valid for the calendar year
in which it is conducted and is subject to review after the initial approval. No person will be allowed to work
the event if he/she:
1. Is a registered child sex offender; or
2. Has been convicted of a felony in the past five (5) years; or
3. Has been convicted of any other crime involving moral turpitude or violence; or
4. Is identified as a known gang member in the Illinois State Police LEADS System; or
5. Is deemed unfit for any reason by the Police Department.
4-4-5: Additional Submittals:
A. Copy of an Illinois Department of Labor amusement ride permit.
B. List of employees who will work on the premises of the carnival/circus, including their legal name,
date of birth, home address and social security number.
C. All registered employees shall submit their fingerprints along with a completed police background
authorization form. The fee for this service shall be five hundred dollars ($500.00) plus fifty dollars ($50.00)
for each employee. Volunteers for local not for profit organizations shall be exempt from fingerprinting.
146
D. Signed waivers of liability for all employees who will work on the premises of the carnival/circus.
E. Completed City carnival operator questionnaire, if required by the City.
4-4-6:. Inspections:
Any City official shall have free access to the carnival/circus grounds and all booths, shows and concessions
at all times to ensure compliance with City, County and State ordinances and regulations.
4-4-7. Revocation:
The City may revoke a permit or carnival worker permit at any time and demand immediate cessation of the
carnival/circus when it is found to be in violation of City, County or State ordinances and regulations or
when public safety is endangered.
SECTION 8: That Title 4, Chapter 12: Scavengers of the Municipal Code is hereby
amended by deleting it in its entirety and replacing it with the following language:
4-12-1: DEFINITION:
For the purpose of this chapter, the word SCAVENGER means any person engaged in the business of
collecting, carting, hauling or transporting garbage, ashes, refuse of all kinds and any and all miscellaneous
waste materials.
4-12-2: EXEMPTIONS:
This chapter shall not apply to anyone who is engaged in the business of landscaping, lawn and ground
maintenance, tree trimming, lawn mowing, bush and tree trimming, construction or trucking who remove,
haul and dispose of brush, tree branches and trunks, grass clippings, landscape wastes, building debris,
construction debris or junk.
4-12-3: NUMBER OF LICENSES:
Only one scavenger license for one-, two-, three- and four-family residence service in the City shall be
issued. All other scavenger services in the City shall not be required to obtain a scavenger license by the City
of McHenry.
4-12-4: EXCLUSIVE LICENSE:
A. Terms And Conditions: The exclusive license for one-, two-, three- and four-family
residence scavenger service in the City shall be issued to such scavenger on such terms and conditions as the
City Council may from time to time determine.
B. Bond Required: The waste hauler who is awarded the exclusive license for one-, two-, three- and four-
family residential scavenger services shall immediately, upon being awarded the license, file a bond with the
City in the penal sum of two hundred fifty thousand dollars ($250,000.00), executed by the waste hauler as
principal and also by two (2) noncorporate sureties, who shall be residents of the State. The waste hauler,
however, shall have the option of substituting a corporate surety on such bond, in lieu of the aforesaid
noncorporate sureties. Such bond shall be approved by the City Attorney and shall be conditioned upon the
waste hauler complying fully with all of the provisions of the ordinances of the City at all times and also
complying fully with all of the provisions of the Statutes of the State.
4-12-5: FEE FOR LICENSE:
No annual fee shall be charged for the exclusive license issued for one -, two-, three- and four-family
residential scavenger service.
4-12-6: VEHICLE INSURANCE:
Each vehicle used in scavenger operations shall be insured against public liability in the amount of one
million dollars ($1,000,000.00) for each person injured and in the amount of one million dollars
($1,000,000.00) for each occurrence.
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4-12-7: VEHICLE REQUIREMENTS:
A. Watertight; Cover: All vehicles used by a scavenger in their business shall be watertight and shall be
equipped with airtight covers for such portions as are used for the transportation of garbage, refuse of all
kinds or miscellaneous waste materials.
B. Vehicles And Containers Closed: All vehicles, boxes or containers used or leased by a scavenger shall
be kept securely closed to prevent the contents from scattering.
4-12-8: RESIDENTIAL SERVICES:
A. Rates, Terms, Conditions: The scavenger licensee furnishing one- and two-family
residential scavenger service shall provide such services at such rates and under such terms and conditions as
may be determined from time to time by the City Council.
B. Special Services: A scavenger may provide such other special type of collection service (such as the
pickup of household debris, construction material, junked appliances, discarded f urniture or other
miscellaneous materials) as the homeowner may request at a collection fee to be agreed upon between
the scavenger and the homeowner.
4-12-9: BUSINESS, COMMERCIAL AND INDUSTRIAL SERVICES:
A scavenger may contract with each business, commercial and industrial establishment, individually,
for scavenger service, at a monthly collection fee to be agreed upon between them.
SECTION 9: That Title 5: Health and Sanitation of the Municipal Code is hereby
amended by adding Chapter 11: Ice Cream Tr ucks, and including the following language: Chapter
11: Ice Cream Trucks
5-11-1: Definitions
The following words and phrases used in this chapter shall have the following meanings unless a different
meaning clearly appears from the context:
Ice Cream Truck: Every motor vehicle in which ice cream, popsicles, ice sherbets, or frozen desserts of any
kind are carried for purposes of retail sale from the motor vehicle on city streets. An Ice Cream Truck is
designed to attract business by driving down the street and stopping for its customers.
Food Truck: A food truck is a motorized vehicle that is equipped with facilities for cooking, preparing,
and selling food. A food truck is designed to operate in a fixed location for a designated period of time.
5-11-2: Enforcement Interpretation:
This chapter shall be enforced by the Health Department in accordance with the interpretations thereof
contained in the most current edition of the U.S. Public Health Service Food Service Sanitation Manual, a
copy of which shall be on file at the McHenry County Health Department; provided, however, that should
any provision, item or part thereof fail to meet the minimum requirements of State law, the requirements of
said State law shall apply only to that provision, item or part.
5-11-3: License Required:
A. License Required: It shall be unlawful for any person to engage in the business of operating an Ice
Cream Truck within the City without first securing an annual license to do so. The annual fee for such
license shall be fifty dollars ($50.00) for each ice cream truck. The application for such license shall comply
with the general regulations for license applications as set forth in this Code.
B. Exception: No license shall be required for any person or business operating as a Food Truck.
5-11-4: Penalty:
Any person, firm or corporation violating any provision of this chapter shall be fined not less than twenty
five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00) for each offense committed on
each day during, or on which, a violation occurs or continues.
5-11-5: Revocation of License:
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Any license issued under the provisions of this chapter may be revoked by the City for any violation of any
section or regulation hereof, and such revocation shall be in addition to any fine imposed.
SECTION 10: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall
not effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue
in full force and effect.
SECTION 11: All ordinances, or parts thereof, in conflict herewith 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, Illinois.
SECTION 13: This ordinance shall be in full force and effect from and after its passage,
approval and publication, as provided by law.
Passed this 5th day of April 2021.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman Mihevc _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Schaefer _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
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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
REGULAR AGENDA SUPPLEMENT
DATE: April 5, 2021
TO: Mayor and City Council
FROM: Bill Hobson, Director of Parks and Recreation
RE: Consideration of an Ordinance to Amend Chapter 4: Alcoholic Liquor to allow for
the establishment of a “G” license classification
ATT: Proposed Ordinance, Revised Chapter 4 Amendment
Item Summary:
The purpose of this agenda item is for the consideration of a functional amendment to Alcoholic Liquor
Ordinance, Chapter 4. The revision adds a “G” license classification to the Municipal Code allowing for
the sale of specific beverages, during a given time frame and at a specific location designated as Miller
Point Park.
Background:
In February, Staff presented to City Council a discussion item relating to the amendment a concession
agreement that the City and All Marine Retro Rentals entered into in March of 2019. One of the main
points of discussion was the possibility of the sale of alcohol by the concessionaire at their location in Miller
Point Park. At that time City Council appeared receptive and amenable to the concept.
After consulting with the Police Chief and the City Attorney, it was determined that the most unfettered
way to proceed was to establish a unique liquor license classification that encompassed product to be sold,
hours of sale and location specifically. The new license would be labeled with a “G” classification.
Analysis:
The newly proposed “G” classification allows for the sale of beer, packaged liquor and wine. These
beverages may only be sold in metal cans, plastic bottles or plastic cups. The sales under class “G” are also
clearly defined as being sold and consumed in a designated area of Miller Point Park during the specific
hours of 11am – 7:30pm any day of the week. The fees for the license are established at $1,300/year.
This supplement allows for the amendment and creation of the “G” classification only. The potential vendor
will have to apply for this license and present all supporting documents contingent upon the approval of the
amendment.
Attached to this agenda item Council will find the attached Ordinance which amends Chapter 4 (Alcoholic
Liquor) of the Municipal Code creating a “G” classification and outlining all of the aforementioned
specifics regarding the classification.
150
Recommendation:
Therefore, if Council concurs, it is recommended that a motion be made to adopt the attached Ordinance
Amending Chapter 4; adding a “G” license classification to the Municipal Code.
151
Draft March 31, 2021
Liquor License, Page 1
ORDINANCE NO. __________
An Ordinance Amending Title 4, Business and License
Regulations, Chapter 2, Alcoholic Liquor, of the City of McHenry Municipal Code
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as
granted in the Constitution of the State of Illinois.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: Title 4, Chapter 2, Section 4-2-1, Definitions, shall be amended by adding the
following, in alphabetical order:
BEER: A beverage obtained by the alcoholic fermentation of an infusion or concoction
of barley, or other grain, malt and hops in water, and includes, among other things, beer,
ale, stout, lager beer, porter and the like. See, 235 ILCS 5/1-3.04
PACKAGED LIQUOR: Alcoholic liquor sealed in the original package container which
meets the State and Federal label requirements; provided, however, where the packaged
liquor is to be consumed off premise, the license holder may break up original larger cases of
alcoholic liquor received from distributers for retail sale to customers.
WINE: Any alcoholic beverage obtained by the fermentation of the natural contents of fruits
or vegetables containing sugar, including those beverages when fortified by the addition of
alcohol or spirits, as defined in this Section. See, 235 ILCS 5/1-3.03
SECTION 2: Title 4, Chapter 2, Section 4-2-6, License Classification and Fees; Approval
Authority; Limitation on Number of Licenses, shall be amended as follows:
B. Increase, Reduction In Number Of Licenses: Upon the approval by City Council
of an increase in Class A, Class B, Class C, Class F and Class G liquor licenses, and by the
Mayor of Class E liquor licenses, the City Clerk is hereby directed to amend this section to
increase the number of liquor licenses accordingly. Any time a license is revoked or
voluntarily surrendered, the maximum number of authorized licenses of that class will
reduce by one, and the City Clerk is hereby directed to amend this section to reflect that
reduction.
SECTION 3: Title 4, Chapter 2, Section 4-2-6, License Classification and Fees; Approval
Authority; Limitation on Number of Licenses, shall be amended by adding the following:
152
Draft March 31, 2021
Liquor License, Page 2
7. Class G (Limited Service and Package”) License. Issuance of a Class G license shall
authorize the sale of beer and wine only for consumption on the premises, and the retail sale
of packaged liquor. The annual fee for such licenses shall be one thousand three hundred
dollars ($1,300.00). Conditions on license are as follows:
a. This license shall be issued only for the designated area of Miller Point
Park that is identified under a valid use/permit agreement with the City.
b. No more than (1) one Class G license shall be issued.
All sale of beer and wine must be in metal cans, plastic bottles or plastic cups; glass
containers are not permitted.
SECTION 4: Title 4, Chapter 2, Section 4-2-14, Operational Restrictions and Requirements,
shall be amended by adding the following at the end of paragraph E. 1.:
f. Class G licenses: Between the hours of 11 a.m. and 7:30 p.m. any day of
the week; provided, however, in the event that a City hosted Special Event, with alcohol
sales, is conducted at the Miller Point Park during the hours of 11 a.m. -7:30 p.m., this Class
G license shall be temporarily suspended until the City hosted Special Event is concluded.
SECTION 5: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and
continue in full force and effect.
SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 7: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Ayes Nays Absent Abstain
Alderman Harding
Alderman Devine
Alderman Glab
Alderman Mihevc
Alderwoman Miller
Alderman Santi
Alderman Schaefer
APPROVED:
153
Draft March 31, 2021
Liquor License, Page 3
Mayor Wayne Jett
(SEAL)
ATTEST:
City Clerk Trisha Ramel
Passed:
Approved:
Z:\M\McHenryCityof\Ordinances\LiquorLicenseClass&Regs.doc
154
C E R T I F I C A T I O N
I, Trisha Ramel, do hereby certify that I am the duly appointed, acting and qualified Clerk of
the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the
records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of
McHenry, held on the day of , 2021, the
foregoing Ordinance entitled An Ordinance Amending Title 4, Business and License
Regulations, Chapter 2, Alcoholic Liquor, of the City of McHenry Municipal Code, was duly
passed by the City Council of the City of McHenry.
The pamphlet form of Ordinance No. , including the Ordinance and a cover
sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing
on the day of 2021, and will continue for at least 10 days thereafter.
Copies of such Ordinance are also available for public inspection upon request in the office of the
City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and
keeper of the same.
GIVEN under my hand and seal this day of 2021.
Trisha Ramel, Clerk
City of McHenry,
McHenry County, Illinois
(SEAL)
155
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
REGULAR AGENDA SUPPLEMENT
DATE: April 5, 2021
TO: Mayor and City Council
FROM: Bill Hobson, Director of Parks and Recreation
RE: Waiver of Completive Bids in Relation to the Development of a Natural P layground
in the Wooded Area of Knox Park
ATT: Knox Park Natural Park/Playground Layout
Natural Playground Elements
Nilco Proposal
Item Summary:
The Parks and Recreation Department desires to waive competitive bidding in relation to the design and
development of a natural park path and play area in Knox Park and to proceed with the proposal from Nilco
Inc. out of Woodstock, Illinois in the amount of $124,500.
Background:
Included and approved in the 2019/20 budget was $125,000 for the installation of a natural park/playground
in Knox Park. A natural playground is a play environment that consists of elements and textures from the
earth such as tree logs, tree stumps, boulders, plants, drainage paths, among others instead of a traditional
steel playground structure that includes slides and climbers. Staff has done research into the natural
playgrounds and identified a small one that was installed in Dundee Park District. After a site visit and a
discussion with the Dundee Executive Director regarding the popularity of the park and maintenance
concerns, staff reached out to the designer and installer of the project; Nilco Inc. Over the course of the
year, a plan was developed and is attached for City Council review.
Specifically in the case of Knox Park, the project consists of roughly 2,200 lineal feet of a limestone
pathway through the Knox Park Woods. In addition, to the pathway the park would consist initially of 6 -
8 natural play elements with the ability to add to these in the future. A separate sheet of some of these
elements has also been included to this supplement.
The difficulty in bringing the plan to life is the unpredictable nature of the natural area. For this reason and
their past experience staff solicited a price quote to accomplish the implementation of that park. That quote
is attached and ultimately includes the installation of all paths and a number of elements completed on an
hourly basis to begin the project.
Analysis:
Natural playgrounds help children to develop other beneficial behaviors in addition to physical skills. These
behaviors include social skills, cooperation, and the ability to solve problems. In addition, natural
playgrounds stimulate a child's imagination and creativity more than a traditional playground.
156
Knox Park proved to be the perfect location for this type of project for a number of reasons. The central
location makes accessibility from anywhere in town easy. It also further supports the campus feel that has
been fostered with the existing pathway system. Changes in topography lend to the uniqueness of the park
and the ability to create a path that winds through the woods and elements that utilize these changes in
topography. There are also many other traditional play elements available in the park making this an
attractive location for families looking for an afternoon of play. Finally, Knox Park is als o home to the
department’s popular summer camp program; this amenity will foster an improved and expanded
experience.
As mentioned above, there are challenges that do make this build unique. Dealing with terrain and trees
and unique play elements that have to be built and not bought all lend to a level of experience that is required
for a successful project. Even the seemingly simple layout of a path is not as easy on a project of this
nature, as streams, and particular trees are crossed and utilized in creative ways. With all of this in mind
and working with Nilco to develop the park plan, staff feels that they are uniquely qualified to accomplish
this project for the City of McHenry and looks to waive the competitive bidding process to partner with
them.
The City Council has the statutory authority (65 ILCS 5/8-9-1) and, by home rule, reserved the right under
the City’s adopted Purchasing Policy Procedures to waive the competitive bidding process upon the vote
of 2/3 of the City Council members then holding office. In this case, because of the unique nature of the
design and construction of the proposed improvement, staff is recommending the City Council exercise this
authority
Recommendation:
Therefore, if Council concurs, it is recommended that a motion be made to waive competitive bidding and
to approve the proposal from Nilco, Inc. in the amount of $124,500 for the development and implementation
of the pathways and natural playground elements in Knox Park.
157
158
159
Estimate
Date
2/22/2021
Estimate #
2842
Name / Address
Mchenry Recreational Center
3636 Municiple Drive
Mchenry, Il. 60050
Terms
Accepted by ______________________ Date ____________
Phone #
815-206-3625
Fax #
815-206-3619
Web Site
www.nilcoinc.com
Total
Nilco Inc.
13503 Rt. 176
Woodstock Il. 60098
DescriptionQty Cost Total
Excavation and Site work to create limestone Paths. Phase One
is 2405 LF of 6' wide pathway.
1 17,000.00 17,000.00
Install grade 8 limestone 2-3" and topdress and roll with
Limestone Screenings for 2405 LF of 6' wide pathway. 400 tons
of grade 8 and limestone screenings.
1 47,800.00 47,800.00
Excavation and grading to create drainage flow to detention area.
Spoils to be relocated on site. Price includes Track Back hoe,
track machine, and 3 men to hand grade and create drainage
patterns and flows. Grading and excavation for this portion
should be done in July/August. Dig Detention and create
overflow to redirect water from baseball fields.
1 17,450.00 17,450.00
Outcropping climbing area 30 tons of stone 14,500.00 14,500.00
20 Tons of Granite Boulder Stepping Stones1 7,325.00 7,325.00
Outcropping Steps and terrace South East Corner of property
leading to path.
1 9,500.00 9,500.00
Painting stones, fort building area. base foe shed, benches,
sawed tree stepping stones connecting elements foe phase one
11,250.00 11,250.00
Nilco, Inc. guarantees the use of accurate horticultural standards
and best practices in workmanship and materials. As such, we
warranty our work as follows:
1.) Plants. Plants must receive adequate care and water by
property owners upon planting. If it is determined via evaluation
by a Nilco, Inc. staff member that plants warrant replacement
0.00
Page 1 160
Estimate
Date
2/22/2021
Estimate #
2842
Name / Address
Mchenry Recreational Center
3636 Municiple Drive
Mchenry, Il. 60050
Terms
Accepted by ______________________ Date ____________
Phone #
815-206-3625
Fax #
815-206-3619
Web Site
www.nilcoinc.com
Total
Nilco Inc.
13503 Rt. 176
Woodstock Il. 60098
DescriptionQty Cost Total
(and have not died as result of theft, fire, vandalism, negligence
or extreme weather conditions) plants will be replaced free of
charge one (1) time. Replacements must be requested within 12
months of project completion. Sod and seeded areas are not
warranted.
2.) Hardscape Projects: Hardscape projects will be warrantied for
a period of three (3) years, to include a one-time repair to be
made at any time during this time frame. Warrantied repairs will
be made to address natural material conditions only. Repairs
made necessary by damage incurred through fire, misuse,
vandalism, or other hazardous conditions will be made on a
per-charge basis.
Billing terms are as follows: A deposit of 50% of the project
total is required to secure placement on the Nilco, Inc. schedule
and to procure project materials. Balance is due upon
completion. Payments may be made by cash, check, or credit
card. Payments made by credit card are subject to a 1.5%
processing fee.
Permits and associated fees are the responsibility of property
owners. Nilco, Inc. is not responsible for damage incurred to
Page 2 161
Estimate
Date
2/22/2021
Estimate #
2842
Name / Address
Mchenry Recreational Center
3636 Municiple Drive
Mchenry, Il. 60050
Terms
Accepted by ______________________ Date ____________
Phone #
815-206-3625
Fax #
815-206-3619
Web Site
www.nilcoinc.com
Total
Nilco Inc.
13503 Rt. 176
Woodstock Il. 60098
DescriptionQty Cost Total
non-marked underground structures such as invisible fences and
private irrigation systems. Utilities will be located and marked
by the official locating system of the state in which the property
is located.
Page 3 162
Estimate
Date
2/22/2021
Estimate #
2842
Name / Address
Mchenry Recreational Center
3636 Municiple Drive
Mchenry, Il. 60050
Terms
Accepted by ______________________ Date ____________
Phone #
815-206-3625
Fax #
815-206-3619
Web Site
www.nilcoinc.com
Total
Nilco Inc.
13503 Rt. 176
Woodstock Il. 60098
DescriptionQty Cost Total
Page 4
$124,825.00
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