HomeMy WebLinkAboutPacket - 07/12/2010 - City Council City of McHenry
i
333 South Green Street _ _ ,," www.ci.mchenry.il.us
McHenry, Illinois 60050-5495
AW-
SO-
Mayor's Office
(815) 363-2108
Fax (815) 363-2119
AGENDA
Administration REGULAR CITY COUNCIL MEETING
(815) 363-2100 Monday, July 12, 2010, 7:30 PM
Fax (815) 363-2119
Construction and 1. Call to Order
Neighborhood Services
(815) 363-2170 2. Roll Call
Fax (815) 363-2173
Finance Department 3. Public Input Session: 10 Minute Limitation
(815) 363-2100 4. Consent Agenda:
Fax (815) 363-2119
A. Ordinance amending Municipal Code Chapter 13, Article II, Vehicle Impoundment;
Parks and Recreation B. Request for block party with live entertainment and special event liquor license for
(815) 363-2160 PLAV annual party;
Fax (815) 363-3186 C. Block Parties;
D. June 14 and June 28, 2010 City Council meeting minutes;
Police Non-Emergency E. As Needed Checks; and
(815) 363-2200 F. List of Bills.
Fax (815) 363-2149
5. Request for minor variance, 500 Bally Road
Public Works
(815) 363-2186 6. Lease agreement with Trey and Tom Corp. for Main Street Station, 4005 West Main Street
Fax (815) 363-2214
7. Ordinance amending Municipal Code relating to tobacco regulations
8. Authorization to issue $5.66 million in General Obligation Bonds for CWWTP and SWWTP
Mayor Sanitary System Improvements
Susan E. Low
City Clerk 9. Consideration of an Ordinance amending Municipal Code Chapter 23 imposing a Home Rule
Janice C. Jones Municipal Retailers' Occupation Tax and Municipal Service Occupation Tax
Treasurer 10. Mayor Statement and Reports
Steven C. Murgatroyd
1 1. Committee Reports
Aldermen
12. Staff Reports
WARD 1
Victor A. Santi 13. Future Agenda Items
WARD 2 14. Executive Session: Potential Litigation
Andrew A. Glab
WARD 3 15. Adjournment
Jeffrey A. Schaefer Posted: July 7, 2010
WARD 4
Geoffrey T. Blake
WARD 5
Richard W. Wimmer
WARD 6
Robert J. Peterson
WARD 7
Geri A. Condon
CONSENT AGENDA
The Consent Agenda for the July 12, 2010, City Council meeting consists of the
following items:
A. Ordinance amending Municipal Code Chapter 13, Article II, Vehicle Impoundment;
B. Request for block party with live entertainment and special event liquor license for
PLAY annual party;
C. Block Parties;
D. June 14 and June 28, 2010 City Council meeting minutes;
E. As Needed Checks; and
F. List of Bills.
CONSENT AGENDA
To: Mayor Low and McHenry City Council
Fin: Deputy City Clerk Kunzer
For: July 12,2010
Re: Amend Municipal Code, Chapter 13, Motor Vehicle Code, Article II Vehicle Impoundment by
deleting paragraph B of Sec. 13-16 and replacing it with corrected language
Attached is an ordinance providing for the amendment of the Municipal Code replacing the referenced
sub-section of Municipal Code Chapter 13, Motor Vehicle Code, Article II,Vehicle Impoundment. The
amendment provides clarification allowing for the vehicle impoundment fee to be imposed in all arrests
involving a driver's license suspension or revocation, which was the intent of the original ordinance
approved in April 2010.
/kmk
Ordinance No MC-10-
An Ordinance Amending Municipal Code Chapter 13
Motor Vehicles and Traffic,Article II Vehicle Impoundment
by amending Sec. 13-16(B) in the City of McHenry
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of the State of
Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers
and functions as granted in the Constitution of the State of Illinois.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MCHENRY, as follows:
SECTION 1: That Chapter 13 Motor Vehicles and Traffic, Article II Vehicle
Impoundment, be amended by deleting Sec. 13-16 Violations, paragraph (B), and replacing is
as follows in as follows:
B. Driving while license is suspended or revoked (625 ILCS 5/6-303 or similar local
ordinance).
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder thereof, which remainder shall
remain and continue in full force and effect.
SECTION 3: All ordinances or parts thereof in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4:_ 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.
PASSED and APPROVED this day of , 2010.
Voting Aye:
Voting Nay:
Not Voting:
Abstained:
Absent:
Mayor
ATTEST:
City Clerk
CONSENT AGENDA
TO: Mayor and City Council
FROM: Douglas K. Maxeiner, City Administrator
FOR: July 12, 2010 Regular City Council Meeting
RE: Request for Block Party and Special Event Liquor License
Recommendation: To grant permission to the PLAV located at 1304 Park Street,
to block portions of Park Street for their annual block party and approve a special
event liquor license for the sale of beer at the event on Sunday, August 1s from
12:00 PM to 6:00 PM with conditions as presented.
The city received a request from the Polish Legion of American Veterans located at
1304 N. Park Street for permission to hold its annual block party on Sunday, August 1st
from 12:00 PM to 6:00 PM. The PLAY is requesting the closure of Park Street between
Elm and Pearl Streets from 12:00 PM to 6:00 PM to facilitate the event. Live
entertainment will be provided by a deejay setup on Park Street. In addition, the PLAV
has applied for a special event liquor license to sell beer from a beer truck parked on
legion property.
In the past, the City Council has granted permission to hold the event with the following
conditions:
1. The beer wagon is to be stationed on Legion property.
2. Legion staff will monitor consumption and legal drinking age of all patrons.
3. Wristbands required to be worn by persons of legal drinking age.
4. Live entertainment authorized to perform outside from 2:00 PM to 6:00
PM.
5. Permit the closing of a portion of Park Street between Elm Street and
Pearl Street from 12:00 PM to 6:00 PM, with the exception of the Park
Street entrance to the Park Place Emporium.
6. Contact the Public Works Street Division at 363.2186 to arrange
placement of street barricades.
Block Party Permit Application
Revised 2/09
Application submitted by: 141Z 5w Ec; 6A) O 404 2 --4-A-1 VE��
Street Address: �D_�/4fi�?e
Date Submitted: C,��Y/.,-7o/C�
NOTE:
PLEASE SUBMIT YOUR APPLICATION TO THE OFFICE OF THE CITY CLERK
AT LEAST 30 DAYS PRIOR TO PROPOSED BLOCK PARTY
Date of Block Party: �1�.�/S� Dl , 20#,V
Hours of Proposed Street Closure: /�?-6ro a. p.m. ntil �'C�d a.n�
Subdivision Name:
Specific Location of Proposed Street Closure (i.e. from what intersection to what intersection):
�T /o?d /U� /fG✓� 1')'1ujy &Atreet
from to
Contact Person(s): 222QOU ZI's.,' ,rraElZ
Contact Person(s) Address: /71,1' ��-lUw, Si /V
Daytime Phone Number: r<3,V7- ,j 7 7 gEvening Phone Number:
I hereby certify that all persons who will be impacted in my neighborhood by the closure of this
street have been ied of same.
Signed: 1 Date: / /
UPON COMPLETION,PLEASE SUBMPr THIS APPLICATION TO:
OFFICE OF THE CITY CLERK
333 SOUTH GREEN STREET
MCHENRY IL 60050
OR FAx:815-363-2173
ORE-MAIL: kkunzer(a ci.mchenry.il.us
OFFICE USE ONLY
COUNCIL APPROVAL ON: / / NOTIFICATION MADE TO:
❑ MCHENRY POLICE DEPT.
❑ MCHENRY PUBLIC WORKS STREET DVN
❑ MCH TOWNSHIP FIRE PROTECTION DISTRICT
❑ ADMINISTRATION OFFICE.
0 APPLICANT
CONSENT AGENDA SUPPLEMENT
To: Mayor and City Council
Fm: Deputy Clerk Kunzer
For: July 12, 2010 regularly scheduled City Council Meeting
Re: Block Party Request
Background. Traditionally, during the summer and fall months, the Clerk's Office receives
numerous requests for permission to hold block parties within the City limits. The requests
usually entail blocking off streets at specific locations within a particular subdivision. The Public
Works Department provides barricades. The Fire Department offers a visit by personnel and/or a
fire truck, as well. Inasmuch as City streets are closed for these events, City Council permission
must be granted. Following Council approval, the Police Department, Public Works Department,
McHenry Township Fire Protection District, and the Applicant are notified in writing of the
approval.
The following Block Party Request was received and requires Council approval:
Saturday, August 7th from 11 a.m. until 7 p.m.
Matthew Olk of 3701 Main Street is requesting the closure of Fourth Street between its
intersections with Main and John Streets.
Copies of the request and PIQ map are attached for your edification.
Recommendation. To approve Block Party Request as submitted.
/kmk
Block Party Permit Application
Revised 2/09
Application submitted by: ly� �lz) A/x
Street Address: /��/ //�J�' ✓��
Date Submitted:
NOTE:
PLEASE SUBMIT YOUR APPLICATION TO THE OFFICE OF THE CITY CLERK
AT LEAST 30 DAYS PRIOR TO PROPOSED BLOCK PARTY
Date of Block Party: U r
20,d
Hours of Proposed Street Closure: �� a.m./p.m. until a.m./p.m
Subdivision Name:
Specific Location of Proposed Street Closure(i.e. from what intersection to what intersection):
l� � - V14 7 Street�7 ��Zy
from to
to-
Contact Person(s): -
Contact Person(s) Address: ���
Daytime Phone Number: S�d� ��� i Evening Phone Number:
I hereby ce/nied
ersons who will be impacted in my neighborhood by the closure of this
street have sa �1
Signed: Date: j
----------------------------------------------------------------------
UPON COMPLETION,PLEASE SUBMIT THIS APPLICATION TO:
OFFICE OF THE CITY CLERK
333 SOUTH GREEN STREET
WHENRY IL 60050
OR FAX:815-363-2173
ORE-MAIL: kkunzer(�ci.mehenry.il.us
OFFICE USE ONLY
COUNCIL APPROVAL ON: / / NOTIFICATION MADE TO:
❑ MCHENRY POLICE DEPT.
❑ MCHENRY PUBLIC WORKS STREET DVN
❑ MCH TOWNSHIP FIRE PROTECTION DISTRICT
❑ ADmmsTRATION OFFICE.
0 APPLICANT
Fourth
Street
o y
----------� Block Party
PIQ E
4 n ,
74
`/f`.vim .•/r / L� � '�1�-�__`� �` �'• �`--'��-
.,{ji / `\ � P4 PP -____'i, 'Lea 1•� � ,e yf+. -
�� �,- `DPP!*� -_ ------ _. ��� �� /'� •.
L�-E Uj
GE. L@PP
LB E. IL t
o
- ------ _ 1SONfl
HILL
.............. HIGH
QePP?
1
-------------- ---- --- 1 - d
REGULAR MEETING
JUNE 14, 2010
Mayor Low called the regularly scheduled June 14, 2010 meeting of the McHenry City
Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer,
Wimmer, Peterson, and Condon. Absent: Blake. Also in attendance were: City Administrator
Maxeiner, Deputy City Administrator Martin, Assistant City Administrator Hobson, City Clerk
Jones, City Attorney McArdle, Construction Neighborhood Services Director Schwalenberg,
Public Works Director Schmitt, and Parks and Recreation Director Merkel.
PUBLIC INPUT SESSION
There was no one in attendance who wished to address Council during the Ten Minute
Public Input Session.
CONSENT AGENDA
Deputy City Administrator Martin noted a minor change on Consent Agenda Item A,
Landmark commissions request to post advertising signs for the Day at Petersen Farm Event. He
noted the 3' by 6' roadside banner would be posted from June 15th until June 28tn
Alderman Glab requested Consent Agenda Item C, the Prevailing Wage Ordinance, be
pulled for further discussion.
Motion by Glab, seconded by Santi, to approve the Consent Agenda as amended:
A. Landmark Commission request to post temporary advertising signs for the Day at Petersen Farm event;
B. Special Event Liquor License request,VFW Post 4600;
D. Block Party Requests:
Nicholas J Wirth,Olde Mill Ponds Subdivision,July 3,2010;
Cindy Gottstein,Trails of Winding Creek Subdivision,July 3,2010;
E. Special Use/Picnic Permits;
F. City Council Minutes:
June 7,2010 regularly scheduled meeting;
G. List of Bills:
A-YARD CORP 455.00
ACE HARDWARE, BJORKMAN'S 2,307.05
ADAMS ENTERPRISES INC, R 8.64
AGS REBUILDERS 50.00
AHLBORN EQUIPMENT INC 58.50
ALTERNATE POWER INC 2,368.00
AMERICAN RED CROSS OF GR 331.93
ANCHOR TOWING 125.00
ANDERSON, LORI 300.50
AT&T 61.37
AUTO TECH CENTERS INC 496.75
B&W CONTROL SYSTEMS INTE 228.00
BANK OF NEW YORK, THE 400.00
BARBATO, EMIL 42.00
BAXTER & WOODMAN 1,021.50
BELL, NATALIE 50.00
BERKHEIMER CO INC, G W 368.07
BIASCO, ROSEANN 157.00
BIRK, JOHN 51.94
BLACKSTONE LANDSCAPE INC 8,076.00
Page 2
June 14,2010
BOTTS WELDING & TRUCK SE 38.50
BREISCH, CARLA 110.00
BRENNAN, DAN 2,075.00
BROWNELLS INC 89.21
BSN SPORTS 58.41
CAPITAL GAINS INCORPORAT 4,356.00
CAREY ELECTRIC 257.00
CARQUEST AUTO PARTS STOR 122.67
CDS OFFICE TECHNOLOGIES 550.00
CDW GOVERNMENT INC 326.00
CENTEGRA OCCUPATIONAL ME 166.60
CHICAGO INTERNATIONAL TR 208.76
CINTAS CORPORATION #355 1,406.65
COMCAST CABLE 74.90
COMED 28,912.46
CONSTELLATION NEWENERGY 26,224.53
CRESCENT ELECTRIC SUPPLY 54.42
CURRAN CONTRACTING COMPA 5,356.79
D'ANGELO NATURAL SPRING 46.50
DELL MARKETING LP 11,558.24
DUCAK, KELLY 250.00
DUDLEY, SKYRA 30.00
DURA WAX COMPANY INC, TH 103.20
EAST JORDAN IRON WORKS 2,243.00
ED'S AUTOMOTIVE/JIM'S MU 92.00
ED'S RENTAL & SALES INC 109.00
FAST EDDIES CAR WASH 260.70
FAUST, ELANA 45.00
FBI NAA 50.00
FEDEX 22.79
FIORE, STEPHANIE 75.00
FOXCROFT MEADOWS INC 222.80
G & E GREENHOUSES INC 2,033.40
G IMPRESSIONS INC 851.48
GITZKE, WILLIAM J 546.50
GMIS INTERNATIONAL 150.00
GOLD MEDAL PRODUCTS 512.75
GOVERNALE, MARY 123.00
GRAINGER 112.59
GREAT LAKES FIRE & SAFET 23.50
GROVE, KELLY 170.63
HALOGEN SUPPLY COMPANY 403.40
HANSEN'S ALIGNMENT, DON 65.00
HARM'S FARM 50.88
HD SUPPLY WATERWORKS 1,965.24
HEALTH SYSTEMS CENTEGRA 50.00
HERITAGE-CRYSTAL CLEAN L 125.97
HOBSON, BILL 72.90
IMAGE MASTER 1,832.68
INNOVATIVE PACKAGING INC 203.00
INTERNATIONAL FIRE EQUIP 27.25
INTERSTATE BATTERY SYSTE 99.60
KELLEY, KELLY 133.00
KIMBALL MIDWEST 199.28
KIRCHNER FIRE 121.25
KREASSIG, DANIEL 8.00
LEE AUTO MCHENRY 448.44
MACUK, MAYLEE 23.00
MCCANN INDUSTRIES INC 828.72
MCCLOUD, MICHAEL 25.00
MCH COUNTY DEPT OF HEALT 45.00
MCHENRY COUNTY COUNCIL 0 38.00
MCHENRY COUNTY EDC 900.00
MCHENRY FAVORITE SPORT C 26.60
MCHENRY FIRESTONE 180.18
MDC ENVIRONMENTAL SERVIC 4,580.00
MEYER MATERIAL COMPANY 800.57
MID AMERICAN WATER OF WA 1,465.08
MIDCO 267.50
MIDWEST MOBILE WASHERS L B,337.50
MILINAC, VICTORIA 37.00
Page 3
June 14,2010
MINUTEMAN PRESS OF MCH 348.54
MORRIS, MATT 44.50
MTS SAFETY PRODUCTS INC 192.98
NAPA AUTO PARTS MPEC 1,341.18
NORTHERN ILLINOIS POLICE 72.00
PEPSIAMERICAS 1,311.69
PERRICONE GARDEN CENTER 38.00
PETROLIANCE LLC 11,836.19
PETTIBONE & CO, P F 651.95
PITNEY BOWES INC 255.00
PLASTINA, DARREN 60.00
PRECISION SERVICE & PART 274.43
PRIME TACK & SEAL CO 895.95
REINDERS INC 36.60
RELIABLE SAND & GRAVEL 1,638.38
REX AUTO BODY 1,238.55
RIVERSIDE BAKE SHOP 69.61
ROC CONSTRUCTION SUPPLY 221.96
RYBA, RON 46.77
SCHAFER, PAT 55.26
SEC GROUP INC 50,426.71
SEXTON, ERIC M 17.75
SHAW SUBURBAN MEDIA 198.10
ST PAULS EPISCOPAL CHURC 373.65
STAN'S FINANCIAL SERVICE 222.00
STANS OFFICE TECHNOLOGIE 495.60
SWIFT CO INC, JOHN S 2,941.00
TONYAN & SONS INC, WILLI 4,560.00
UNITED LABORATORIES 187.48
USA BLUEBOOK 1,502.12
VALENTINES REPAIR 8.42
VALLEY VIEW ACRES 255.00
VALLIANATOS, NATALIE 40.00
VILLAGE SQUIRE, THE 30.00
WABASH VALLEY MANUFACTUR 830.00
WARRIORS LAX 223.00
WASTE MANAGEMENT OF WI P 8,677.44
WATER PRODUCTS - AURORA 649.90
ZAHN, DAN 408.00
GRAND TOTALS 223,012.98
FUND TOTALS
GENERAL FUND 86,-249.74
DEBT SERVICE-1997A FUND 2,232.68
CAPITAL IMPROVEMENTS FUND 50,426.71
WATER/SEWER FUND 65,333.10
RISK MANAGEMENT FUND 1,309.11
INFORMATION TECHNOLOGY FUND 13,105.64
POLICE PENSION FUND 4,356.00
TOTALS 223,012.98
Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Blake.
Motion carried.
CONSENT AGENDA ITEM C: PREVAILING WAGE ORDINANCE
Alderman Glab stated he feels the prevailing wage ordinance takes the competition out
of the bidding process., He opined it needs to be reviewed at the state level.
Alderman Peterson inquired about an outside contractor mowing lawns, and asked if
they were required to comply with the prevailing wage ordinance. City Administrator Maxeiner
Page 4
June 14,2010
responded if a new landscaping or hardscape project is contracted out it would be covered by
the Prevailing Wage Ordinance. The City's mowing contract is not covered by the ordinance.
Motion by Wimmer, seconded by Santi, to pass the Prevailing Wage Ordinance as
required by State statute and the Prevailing Wage Act.
Voting Aye: Santi, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: Blake.
Motion carried.
REQUEST FOR THE FOLLOWING BY MCHENRY AREA CHAMBER OF COMMERCE REGARDING
COUNTRY MEADOWS EVENT AND WINE TASTING FESTIVAL SEPTEMBER 19 2010:
1. USE OF VETERANS MEMORIAL PARK;
2. POSTING TEMPORARY ADVERTISING SIGNS;
3. SPECIAL EVENT LIQUOR LICENSE
In attendance was McHenry Area Chamber of Commerce CEO Kay Bates.
Assistant City Administrator Hobson stated this year the McHenry Chamber has elected
to move its annual Country Meadows event from Petersen Park to Veterans Memorial Park. In
addition, they are taking over the coordination of the annual Wine Festival and holding it in
conjunction with Country Meadows. The joint event is scheduled for Sunday, September 19,
2010 from 9 a.m, until 4 p.m. The Chamber is also seeking permission to post temporary
advertising signs announcing the joint event. Signs would be posted from September 10th until
September 20th. The Chamber will require issuance of a special event liquor license for the wine
tasting festival portion of the event. Assistant City Administrator Hobson stated Staff has
reviewed the request and supports the event as presented.
Alderman Glab expressed concerns regarding music on Sunday and the level of sound
which may disturb adjacent residents in the neighborhood.
In response to Alderman Peterson's inquiry, Ms. Bates stated there would be
approximately 100-120 craft vendors and 5-6 food vendors for the event.
Motion by Schaefer, seconded by Condon, to accept Staff's recommendation to approve
the following as requested by the McHenry Area Chamber of Commerce for the Country
Meadows Event from 9.am. until 4 p.m. and Wine Tasting Festival from 11 a.m, until 4 p.m. on
Sunday, September 19, 2010:
1. Use of Veterans Memorial Park;
2. Posting temporary advertising signs from September 101h until September 201h in city Rights-of-Way as
specified;
3. Special Event Liquor License for the Wine Tasting Festival.
Page 5
June 14,2010
Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Blake.
Motion carried.
Mayor Low expressed her appreciation for the Chamber taking on the wine tasting
festival and working in conjunction with the craft fair to capitalize on both events.
REQUEST FOR SIGN VARIANCE — MCHENRY PUBLIC LIBRARY DISTRICT 809 NORTH FRONT
STREET
In attendance was McHenry Public Library District employee Kathy Lambert.
Deputy City Administrator Martin stated the McHenry Public Library submitted a
request for a sign variance to allow an electronic message center on their existing freestanding
sign located at 809 North Front Street. The sign currently has a manual display board sign area.
A variance is required to allow an electronic message board exceeding 33% of the total sign
area. As it currently stands, the existing sign is nonconforming as the changeable copy exceeds
33% of the sign. The size of the sign will not be changed. Deputy City Administrator Martin
noted Staff has reviewed the request and recommends approval of the sign as presented.
Alderman Condon stated she is concerned with changing messages on signs being a
distraction to motorists. Ms. Lambert noted the message would change weekly, on an average
of one time per week, and would be utilized for announcing library events only.
Motion by Wimmer, seconded by Schaefer, to accept Staff's recommendation and
approve a sign variance to replace the manual display board with an electronic message center
on the McHenry Public Library District freestanding sign located at 809 North Front Street as
presented.
Alderman Glab requested that the motion include certain restrictions.
Alderman Wimmer stated the motion stands as presented.
Voting on the Motion:
Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: None,
Absent: Blake.
Motion carried.
Page 6
June 14,2010
REQUEST FOR TEMPORARY USE PERMIT FOR A CARNIVAL — MCHENRY HIGH SCHOOL
DISTRICT 156 WEST CAMPUS
In attendance was Mr. Ed Dame, local resident and representative of North American
Midway Entertainment Company, Dr. Michael Roberts, West Campus Principal.
Deputy City Administrator Martin stated a request was submitted by McHenry High
School District 156 to host a carnival on their West Campus facility located at 4724 West Crystal
Lake Road from July 28, 2010 through August 1, 2010. The North American Midway
Entertainment Company is seeking a temporary use to allow the event in the West Campus
south parking lot. The company has agreed to make a donation to the school's athletic
department and District 156 has approved the temporary use of their property for the carnival.
Deputy City Administrator Martin noted City Staff have met with Mr. Dame, McHenry
city resident and representative of the carnival company, as well as representatives from the
school district to discuss the logistics and concerns related to the request. Following discussions
it was agreed as follows:
1. The carnival company would adhere to the City's noise ordinance which requires the carnival to be open
no later than 11 p.m.on any day or begin any earlier than 7 a.m.on any day;
2. The carnival company would post"no parking"signs on adjacent residential streets;
3. The available number of parking spaces south of the West Campus facility does not include the eighteen
spaces adjacent to the drop-off lane immediately west of the school building;
4. The carnival company would employ security personnel (off-duty police officers)for the event;
5. No carnival workers would remain on-site overnight;
6. There would be an on-site manager;
7. No roadway signs advertising the event would be posted;
8. The sole City service to be provided would be City police officers to assist with traffic control with all
expenses incurred for this service to be paid by the carnival company.
Deputy City Administrator stated it is Staff's recommendation that Council consider the
stipulations agreed to by the carnival company and deliberate on the request.
Alderman Condon stated the carnival is a new event for the high school which is hoping
to raise funds for its athletic department. She stated she approves the location and the carnival
as the potential to be a good event.
Alderman Santi noted Staff thoroughly researched the event and he is looking forward
to seeing how successful it is.
Alderman Glab opined additional information is required before Council should consider
making a decision regarding the request. He stated parking is an issue and he had reservations
in approving the event as it would greatly impact area residents.
Mr. Dame addressed Council stating that parking was not an issue during graduation
ceremonies when more people were in attendance than would be present for the carnival.
Page 7
June 14,2010
Mayor Low stated reasonable measures are being taken regarding the parking issues
and concerns.
Alderman Glab opined the carnival should be required to shut down by 10 p.m. as he
does not want area neighbors to be impacted by the event late in the evening.
Alderman Wimmer expressed his hopes for a good event.
Mr. Dame stated he hopes for a successful event that will continue in future years.
Mayor Low stated she spoke earlier with Chief of Police Brogan who expressed no issues
with the proposed carnival.
Alderman Peterson stated he had some concerns with noise in the residential area and
parking issues. However, he hoped the residents enjoyed the event.
Alderman Glab stated he arrived at the meeting this evening after assuring area
residents that their concerns would be addressed.
Motion by Condon, seconded by Santi, to approve a request submitted by North American
Midway Entertainment Company and McHenry High School District 156 to allow a carnival at West
Campus High School south parking lot on July 28, 2010 through August 1, 2010, as presented:
1. The carnival company would adhere to the City's noise ordinance which requires the carnival to be open no
later than 11 p.m.on any day or begin any earlier than 7 a.m.on any day;
2. The carnival company would post"no parking"signs on adjacent residential streets;
3. The available number of parking spaces south of the West Campus facility does not include the eighteen
spaces adjacent to the drop-off lane immediately west of the school building;
4. The carnival company would employ security personnel(off-duty police officers)for the event;
5. No carnival workers would remain on-site overnight;
6. There would be an on-site manager;
7. No roadway signs advertising the event would be posted;
8. The sole City service to be provided would be City police officers to assist with traffic control with all
expenses incurred for this service to be paid by the carnival company.
Voting Aye: Santi,Schaefer,Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: Blake.
Motion carried
MAYOR STATEMENT AND REPORT
Mayor Low expressed sorrow that she was unable to attend the Annual Soap Box Derby
last Saturday, but applauded the Kiwanis on a well-organized and fun-filled event.
Mayor Low announced the Mike Singletary fundraising event is scheduled for next
Saturday afternoon June 19th at West Campus. She noted every dime raised by the event would
Page 8
June 14,2010
help local families in need in the City of McHenry.She encouraged everyone to try to attend the
event.
COMMITTEE REPORTS
Chairman Alderman Peterson reported the Parks and Recreation Committee met last
Wednesday,June 9, 2010 and minutes would be forthcoming.
STAFF REPORTS
City Administrator Maxeiner announced there are plenty of tickets still available for the
Mike Singletary event.
Assistant City Administrator Hobson announced the Miss McHenry Pageant is scheduled
for Saturday,June 19, 2010 at West Campus auditorium at 6 p.m.
FUTURE AGENDA ITEMS
Alderman Peterson requested Council further discuss the proposed sales tax increase
with Finance Director Black at a Council meeting in the near future.
Alderman Schaefer announced he and Alderman Santi are hosting a coffee open house
with residents on Saturday, June 26th from 9 a.m. until noon to allow for resident input on
various issues facing Council. The event will be held at the McHenry VFW Post.
ADJOURNMENT
Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:25 p.m.
Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Blake.
Motion carried.
The meeting was adjourned at 9:11 p.m.
Mayor City Clerk
REGULAR MEETING
JUNE 28, 2010
Mayor Low called the regularly scheduled June 28, 2010 meeting of the McHenry City
Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer,
Blake, Wimmer, Peterson, and Condon. Absent: None. Also in attendance were Deputy City
Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney
McArdle, Finance Director Black, Construction and Neighborhood Services Director
Schwalenberg, Chief of Police Brogan, City Engineer Ed Coggin.
PUBLIC HEARING: 2010/2011 APPROPRIATION ORDINANCE
Finance Director Black stated each year the City is required to pass its Appropriation
Ordinance within the first quarter of its fiscal year (May 1 — July 31"). The Appropriation
Ordinance provides the legal authority under state statute to allocate funds for specific
spending activities. The Ordinance also establishes the City's legal spending limit for the fiscal
year. Prior to approving the Ordinance, the City is required to conduct a public hearing to offer
an opportunity for the public to comment on it prior to its adoption. Notice of the Public
Hearing was published in the Northwest Herald on June 9, 2010. He noted the total amount of
this year's Appropriation Ordinance is $37,458,687.
Mayor Low opened the Public Hearing to consider the 2010/2011 Appropriation
Ordinance in the amount of$37,458,687 at 7:32 p.m.
Alderman Glab inquired as to the projected overtime for Public Works Employees
delineated on pages 7 and 8 of the Ordinance. Director Black responded from his recollection of
past history, the overtime in the Water and Wastewater Divisions of Public Works is utilized
due to call outs, water main breaks, sewer back-ups, etc. He noted he would investigate this
matter further.
In response to Mayor Low's inquiry, there were no questions from the audience
regarding this matter. City Clerk Jones reported there had been no written or verbal comments
or questions received in the Clerk's Office regarding the Ordinance.
Motion by Santi, seconded by Blake, to close the Public Hearing regarding the
consideration of the Fiscal Year 2010/2011 Appropriation Ordinance at 7:34 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
CONSIDERATION OF AND ACTION ON 2010/2011 APPROPRIATION ORDINANCE
Mayor Low requested a motion regarding the adoption of the Fiscal Year 2010/2011
Appropriation Ordinance.
Regular Meeting
Page 2
June 28,2010
Motion by Wimmer, seconded by Schaefer, to accept Staff's recommendation to
approve the Fiscal Year 2010/2011 Appropriation Ordinance as presented in the amount of
$37,458,687.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
PUBLIC HEARING: FOURTH AMENDMENT TO INLAND BUSINESS PARK ANNEXATION
AGREEMENT
Inc. In attendance were John Cunat, Stefanie Spitson, and Kevin Villont, representing Cunat
Deputy City Administrator Martin stated the Final Plat of Patriot Estates Subdivision was
approved by Council in 2006. Patriot Estates is a mixed-use 55 and older community. The
subdivision consists of 101 single-family dwelling units, 203 townhome dwelling units and 100
attached duplex dwelling units. Each housing type is segregated from the others. Cunat Inc.,
developer of the subdivision, is requesting to amend the second amendment to the Inland
Business Park Annexation Agreement which allowed the Cunat development of Patriot Estates
as a 55 and older community. Cunat would like to amend the Agreement to allow the removal
of the 55 and older age restriction on the 203 townhomes within the subdivision. Staff has
reviewed the request and supports the amendment to the Agreement. Deputy City
Administrator Martin noted prior to considering an amendment to the Agreement, however,
the Council must hold a Public Hearing to provide the public with an opportunity to comment
regarding the proposal.
Mayor Low called to order the Public Hearing regarding the proposed Fourth
Amendment to the Inland Business Park Annexation Agreement at 7:36 p.m.
Alderman Santi inquired if Staff or the developer had concerns regarding parking and/or
accommodations for children as a result of the age restriction being relaxed. Deputy City
Administrator Martin responded Staff has no concerns regarding either of these issues.
Alderman Condon stated she was initially concerned regarding the request, but after
reviewing the supporting documentation she sees the rationale and supports the amendment.
Alderman Glab stated he was not initially in favor of the project. He inquired if Staff has
statistics regarding the impact of traffic in the area if age restrictions are removed. He
suggested changing the product rather than removing the age restrictions. He inquired how the
City would benefit by removing the restrictions. Deputy City Administrator Martin responded
removing the restrictions on the townhomes would enable the developer to sell more units and
revitalize the development.
Regular Meeting
Page 3
June 28,2010
Alderman Schaefer inquired if there would be open space in the area for recreation.
Deputy City Administrator Martin noted the subdivision plan stands as previously approved.
Alderman Schaefer asked the bedroom configuration for the townhomes. Mr. Villont
responded the townhomes are all either one or two bedroom units.
Alderman Peterson stated if he realized the project was not going to be age-restricted,
he would have looked for a different configuration. He stated he has issues with the proposed
amendment.
Mr.John Cunat addressed Council stating he believes there would be few young families
in the units. He stated he would be happy to change the configuration (i.e. rose garden) to
accommodate the community. He opined young people and divorced persons also need
affordable housing.
Alderman Peterson inquired as to the number of units which have been built. Mr. Cunat
responded sixteen units have been built; four units per building, and four buildings are
completed. There are 203 townhome units proposed on the Final Plat. Mr. Cunat noted none of
the residents on the site have expressed a problem with removing the age restriction for the
townhomes.
Alderman Condon stated she does not believe a playground would be appropriate since
the property would not be necessarily marketed to families.
Alderman Blake stated he could see the parking becoming an issue in spite of two-car
garages for each unit. Mr. Cunat responded parking can be limited with "no parking" signs.
Alderman Glab expressed concern with the density of the development and with what
kind of complex is being constructed. He stated there is a difference between single family
homes and an apartment-type complex.
Alderman Schaefer inquired if Cunat Inc has received any recent inquiries from those 54
and younger. Mr. Cunat responded no, because the property is being marketed as age-
restricted.
Alderman Peterson inquired as to the density per acre. Mr. Cunat responded he does
not know that information without referring to the final plat. Alderman Peterson inquired as to
the price range of the townhomes. Mr. Villont responded the townhomes start at $145,000 in
Patriot Estates and $159,000 in the adjoining Prairie Lakes Subdivision.
Alderman Santi made note of the demographics and differences in the townhome
products of Prairie Lakes and Patriot Estates. He noted the City Council would like to assist
businesses in the community. However, he stated parking is a bit of a concern.
Regular Meeting
Page 4
June 28,2010
Alderman Glab inquired as to the setback of the townhome buildings. Mr. Villont
responded the setback is 30 feet. Alderman Glab opined 30 feet is not sufficient space to park
four cars. Mr. Cunat noted the 30-foot setback is from the lot line.
Mayor Low opened the floor to comments and questions from the audience.
Michael Vick of 900 Yorktown in Patriot Estates addressed Council. He stated the
annexation agreement should be modified to remove the age restrictions from all units or the
request should be denied. He stated he purchased his unit in 2008 with the understanding
there was an age restriction imposed on the property. He opined removing the age restriction
would impose a negative impact on the age-restricted townhomes which comprise 50% of the
development. Mr. Vick stated that would impose a financial burden on the age-restricted
housing owners with increased association dues. Mr. Vick stated he feels Patriot Estates
amenities might deteriorate more quickly. He said that if the age restriction was removed he
would like Cunat Inc to buy his units at the price he paid.
Mayor Low requested a motion to close the Public Hearing.
Motion by Wimmer, seconded by Condon, to close the Public Hearing regarding the
Fourth Amendment to the Inland Business Park Annexation Agreement at 8:12 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake. Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
CONSIDERATION OF AND ACTION ON ORDINANCE APPROVING THE FOURTH AMENDMENT
TO THE INLAND BUSINESS PARK ANNEXATION AGREEMENT
Deputy City Administrator Martin stated Staff has had conversations with Mr. Vick and
the Cunats together with City Attorney McArdle. He noted the City has found no violations to
date with regard to the age restrictions of the development.
Deputy City Administrator Martin stated Staff has prepared an ordinance providing for
the approval of the Fourth Amendment to the Inland Business Park Annexation Agreement. The
amendment would remove the age restrictions from the townhome portion of the Patriot
Estates Subdivision only. He noted the proposed amendment requires a % majority (six votes)
to pass and includes the Mayor's vote on the issue.
Motion by Condon, seconded by Wimmer,to accept Staff's recommendation to:
• pass an ordinance providing for the Fourth Amendment to the Inland Business Park
Annexation to remove the age restrictions on the townhome portion of the Patriot
Estates Subdivision; and
Regular Meeting
Page 5
June 28,2010
• authorize the Mayor and City Clerk's execution of the Fourth Amendment to the Inland
Business Park Annexation Agreement.
Voting Aye: Santi, Blake, Wimmer, Peterson, Condon, Low.
Voting Nay: Glab, Schaefer.
Absent: None.
Motion carried.
PUBLIC INPUT SESSION
Therese Peterson of 1106 Crane Drive, Sleepy Hollow, addressed Council noting she
does not live in McHenry. She stated it is important that Council knows what is happening with
the City employees. She noted her daughter, Mary Lee Eschbach was a former employee of the
City of McHenry Police Department. She has undergone two surgeries and was advised by her
doctors that she could no longer perform her duties as a police officer. She subsequently
worked in dispatch and applied for workers compensation. Ms. Peterson stated the City's Police
Pension Board denied her pension request and worker's compensation advised they would no
longer pay her disability. She is currently working for Speedway at $8.80 per hour and Ms.
Peterson feels this is unjust and wanted Council to be aware of the situation.
CONSENT AGENDA
Motion by Wimmer, seconded by Santi,to approve the Consent Agenda as presented:
A. Block Park Requests:
Jim Bowles,3004 West Miller Drive,McHenry Shores,Saturday,July 24`h;
Tome and Marge Fellberg,2505 Eisenhower Boulevard,Liberty Trails,Saturday,August 14`h;
B. Special Use/Picnic Permits;
C. List of Bills:
ADAMS ENTERPRISES INC, R 89.42
ADAMS STEEL SERVICE INC 161.40
AHERNS, JEREMY 100.00
ALEXANDER EQUIPMENT COMP 53.40
AMELIO, ROBERT 258.50
AMERICAN RED CROSS OF GR 4.00
ARVIDSON POOL & SPAS - C 773.98
AT&T 3,629.99
AT&T LONG DISTANCE 86.66
AUTO TECH CENTERS INC 405.01
BANK OF NEW YORK, THE 225.00
BAXTER & WOODMAN 1,803.50
BENTZ, DONALD J 127.50
BERKHEIMER CO INC, G W 119.25
BREMER, CURTIS H 156.00
BRENNAN, DAN 1,575.00
BUSS FORD SALES 1,662.02
CAPITAL GAINS INCORPORAT 4,385.00
CDW GOVERNMENT INC 1,428.73
CERNY, ANA 40.00
CHEMICAL PUMP SALES & SE 181.70
CHICAGO INTERNATIONAL TR 135.37
COMCAST CABLE 75.79
COMED 543.27
CONNEY SAFETY PRODUCTS 255.23
CONSERV FS 68.50
CONSTELLATION NEWENERGY 13,336.71
Regular Meeting
Page 6
June 28,2010
CRESCENT ELECTRIC SUPPLY 257.09
CURRAN CONTRACTING COMPA 13,725.10
CUSTOM LANDSCAPING 840.00
CVS WHOLESALE FLAGS 221.95
DAHLSTROM DISPLAY 30.00
DECKER SUPPLY CO INC 1,945.90
DELISI, PHIL 200.00
DEMARAIS, DAVE 30.27
DIXON ENGINEERING INC 3,250.00
DOCUMENT IMAGING DIMENSI 904.00
DONS CLEANERS 20.80
DR GLOBALDIRECT INC 999.99
DREISILKER ELECTRIC MOTO 108.60
ED'S RENTAL & SALES INC 6.93
EJ EQUIPMENT 253.16
FISCHER BROS FRESH 1,916.26
FLESCH COMPANY INC, CORD 438.45
FOWLER, JEFF R. 138.00
FOXCROFT MEADOWS INC 1,182.12
FRANKLIN, JIM 195.00
GALLAGHER RISK MANAGEMEN 60.00
GAMETIME 4,268.00
GARDEN QUARTER NEIGHBORH 1,000.00
GLEASON, KIM 157.00
GOLD MEDAL PRODUCTS 1,874.44
GOLDMAN, CASEY 45.00
GRAINGER 177.84
GROWER EQUIPMENT & SUPPL 487.00
HACH COMPANY 590.41
HALOGEN SUPPLY COMPANY 2,926.40
HARM'S FARM 26.91
HAWKINS INC 1,48B.47
HERITAGE-CRYSTAL CLEAN L 125.97
HP SHOOTING CENTER INC 70.00
IER COMPUTER 83.16
ILLINOIS RURAL WATER 132.00
INTERNATIONAL FIRE EQUIP 151.54
INTERSTATE BATTERY SYSTE 99.60
JENSEN'S PLUMBING & HEAT 176.25
JULIE INC 359.25
KDS TECH SERVICES INC 336.50
KIMBALL MIDWEST 737.81
LAKESIDE PEST CONTROL SE 100.00
LAMBERT, FRANCES B 202.00
LAMBERT, MARISSA 32.00
LANG PONTIAC-CADILLAC-SU 158.92
LEXISNEXIS 113.50
MAZZUCA, JOE 253.00
MCCANN INDUSTRIES INC 39.52
MCHENRY ANALYTICAL WATER 445.00
MCHENRY AREA CHAMBER OF 900.00
MCHENRY COUNTY COUNCIL 0 7,207.65
MCHENRY COUNTY RECORDER 1,041.50
MCHENRY FIRESTONE 1,864.47
MCHENRY SPECIALTIES 49.00
MCMAHON, JASON 111.23
MEADE ELECTRIC COMPANY I 15,341.15
METROPOLITAN INDUSTRIES 460.00
MID AMERICAN WATER OF WA 100.15
MIDCO 788.26
MIDWEST HOSE AND FITTING 12.70
MIDWEST METER INC 646.04
MILLER MONUMENT COMPANY 531.00
MINUTEMAN PRESS OF MCH 297.12
MOORE, KEVIN 178.50
NATIONAL INTERNATIONAL R 1,840.00
NEXTEL 1,834.02
NICOR GAS 333.46
NORTH EAST MULTI-REGIONA 70.00
NORTHWEST HERALD 211.60
Regular Meeting
Page 7
June 28,2010
OLD TOWN PIZZA 38.00
ORIENTAL TRADING CO INC 134.80
OTTOSEN BRITZ KELLY COOP 280.00
PEARCE, JAMISON 98.00
PEPSIAMERICAS 848.14
PETROLIANCE LLC 4,259.07
PETROW, STEPHANIE S 40.00
PITEL SEPTIC INC 675.00
PRO PLAYER CONSULTANTS I 1,440.00
PROMISING PICASSOS INC 145.00
R&S FENCE COMPANY 60.00
RICHMOND FISHERIES 1,000.00
RIDGEVIEW ELECTRIC INC 1,594.20
RIETESEL, BYRON 90.00
RIVERSIDE ANIMAL CLINIC 101.80
ROBERTS, PATRICIA J 304.00
SAFARI LAND LLC 558.00
SCHOPEN PEST SOLUTIONS 165.00
SCHULHOF COMPANY 216.08
SEC GROUP INC 1,211.00
SECRETARY OF STATE / POL 99.00
SECRETARY OF STATE/INDEX 10.00
SHANNON, JERI 35.00
SHERMAN MECHANICAL INC 6,957.00
SHERWIN INDUSTRIES INC 2,226.50
SMITH & ASSOCIATES INC, 246.86
SPRINT 114.16
STANDARD INDUSTRIAL & AU 400.00
STAPLES BUSINESS ADVANTA 327.00
TEGTMEIER, TERRY 184.00
THOMAS TRUCKING INC, KEN 720.00
TRAFFIC CONTROL & PROTEC 737.26
ULTRA STROBE COMMUNICAIT 366.42
UNITED LABORATORIES 178.B1
VALENTINES REPAIR 49.35
VERIZON WIRELESS 133.21
VIKING CHEMICAL COMPANY 9,476.89
VOLTAGE ONE INC 533.26
WAGGONER, CAROL A 800.00
WALMART COMMUNITY 425.86
WATER SOLUTIONS UNLIMITE 4,700.00
WEST PAYMENT CENTER 146.00
WITT, CINDY 28.68
ZAHN, DAN 280.00
ZEP SALES & SERVICE 257.96
ZUKOWSKI ROGERS FLOOD & 11,350.00
GRAND TOTALS 162,921.20
FUND TOTALS
GENERAL FUND 90,266.87
PAGEANT FUND 224.00
TIF FUND 408.00
DEBT SERVICE-1997A FUND 225.00
WATER/SEWER FUND 45,810.95
RISK MANAGEMENT FUND 10,891.00
INFORMATION TECHNOLOGY FUND 4,482.38
RETAINED PERSONNEL ESCROW 6,228.00
POLICE PENSION FUND 4,385.00
TOTALS 162,921.20
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Regular Meeting
Page 8
June 28,2010
REQUEST FOR MINOR VARIANCE—JASON GOLNICK, 3317 VENICE AVENUE
In attendance was applicant and homeowner Jason Golnick of 3317 Venice Avenue.
Deputy City Administrator Martin stated Mr. Golnick is seeking a minor variance to allow
an addition to his residence located at 3317 Venice Avenue. As the home is currently situated
only five feet from the interior side lot line, Mr. Golnick is seeking a variance which would allow
him to add on to the building while maintaining the same five foot setback. The Zoning
Ordinance requires a six foot setback.
Deputy City Administrator Martin noted the Planning and Zoning Commission held a
Public Hearing to consider the request on June 17, 2010 and unanimously recommended the
minor variance be granted. In addition, in light of Mr. Golnick's current family situation, Staff
concurs with the request to allow him a two-year period in which to begin construction.
Alderman Schaefer inquired if during the two year period Mr. Golnick sells the property
would the variance remain with the property. Deputy City Administrator Martin responded in
the affirmative.
Motion by Schaefer, seconded by Blake, to accept the unanimous recommendation of
the Planning and Zoning Commission to:
• Pass an ordinance granting a minor variance to Jason Golnick for his property located at
3317 Venice Avenue to allow a five foot interior side yard setback on the subject
property; and
• That the construction of the addition to the residence on the premises must commence
within two years of the date of said ordinance approving the minor variance.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR CLASS F(2) LIQUOR LICENSE FROM WAL-MART STORES INC D/B/A WAL-MART
STORE #1377 LOCATED AT 2019 NORTH RICHMOND ROAD: AND ORDINANCE INCREASING
THE NUMBER OF CLASS F(2) LIQUOR LICENSES FROM NINE TO TEN
Mayor Low stated a request was submitted by Wal-Mart seeking a liquor license for its
store located at 2019 North Richmond Road. All appropriate paperwork and fees have been
paid. Wal-Mart is seeking the license to add packaged beer and liquor sales to their stores
nationwide. The manager of the local store was fingerprinted as required by ordinance.
Mayor Low stated it is her recommendation to approve issuance of a Class F(2) Liquor
License and that an ordinance be approved increasing the number of Class F(2) Liquor Licenses
from nine to ten.
Regular Meeting
Page 9
June 28,2010
Alderman Blake stated he has some issues with granting the license with the possibility
of Wal-Mart moving. Mayor Low noted the local store manager is unable to answer the
question regarding a potential move of the local store. That question remains unanswered.
Mayor Low stated that the City should do everything possible to keep Wal-Mart in the City of
McHenry.
Alderman Condon, noting the large number of cashiers at Wal-Mart, inquired who
would be BASSET trained. Wal-Mart store manager Jim Hattendorf was in attendance, and
responded that all cashiers would be BASSET trained.
Motion by Santi, seconded by Condon,to accept Mayor Low's recommendation to:
• Grant an F(2) Liquor License to Wal-Mart Store #1377 located at 2019 North Richmond
Road; and
• Pass an ordinance increasing the number of Class F(2) Liquor Licenses from nine to ten;
Subject to satisfactory fingerprint results and BASSET certification for all employees involved
with the sale of alcoholic beverages.
Voting Aye: Santi, Glab,Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
AWARD OF BID FOR SANITARY SEWER SYSTEM IMPROVEMENTS PART A TO MERRYMAN
EXCAVATION INC IN THE AMOUNT OF$2,209.470.22
Deputy City Administrator Martin stated on January 18, 2010 Council authorized Staff to
bid for sanitary sewer system improvements. The improvements have been grouped together
as follows:
• Part A: Construction of the wastewater conveyance line between the CWWTP and
SWWTP;
• Part B: Improvements to the wastewater pump station at the CWWTP;
• Part C: Construction of the screen unit building at the SWWTP.
Deputy City Administrator Martin noted bids were previously awarded for Parts B and C
on March 15, 2010 at Council's regularly scheduled meeting. Part A was deferred until such
time as the City was able to secure easements to accommodate placement of the conveyance
line. The easements have been acquired and Staff sought bids for Part A. Bids were opened on
June 15, 2010 with the lowest bid being submitted by Merryman Excavating in the amount of
$2,209,470.22. This figure was below the City's engineer's estimate of$2,700,046.58.
Deputy City Administrator Martin stated it is Staff's recommendation to award the bid
for the construction of the wastewater conveyance line between the CWWTP and SWWTP (Part
A of the sanitary sewer system improvements) to Merryman Excavating in the amount of
Regular Meeting
Page 10
June 28,2010
$2,209,470.22. He noted this is a unit-based contract. He noted Ed Coggin from SEC Group is in
attendance to answer any questions regarding this matter.
Alderman Wimmer stated he is glad the project is moving forward.
Alderman Peterson inquired what is meant in line 17,$175,000 for traffic control and
protection. SEC Group engineer Ed Coggin responded this line item surprised SEC as well.
Alderman Peterson inquired about the other costs and inquired how the amounts were
considered. Mr. Coggin responded the two ends of the conveyance line are fixed. The quantity
estimates are close. He noted that is one of the reasons SEC recommended bid award to
Merryman Excavating. He noted the last project Merryman Excavating was involved in (in
another community) came in under bid.
Motion by Wimmer, seconded by Santi, to accept Staff's recommendation to award the
bid for Part A of the sanitary sewer system improvements, construction of the conveyance line
between the CWWTP and SWWTP, to Merryman Excavating in the amount of$2,209,470.22.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR STATEMENT AND REPORT
Mayor Low congratulated the City's Landmark Commission on its Petersen Farm event
held last weekend and noted it was well-attended.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
Assistant City Administrator Hobson reported the Fireworks display is scheduled for
Saturday, July 3rd at Petersen Park at dusk. Gates open at 4 p.m. He also reported Fiesta Days
begins on July 9th with music, activities and food fest all weekend.
FUTURE AGENDA ITEMS
Alderman Peterson reported a resident who lives on what was formerly known as
Draper Road contacted him. He noted the road has been changed to Curran Road and stated
the resident is still listed as living on Draper Road in the telephone directory. Alderman
Peterson requested Staff assistance to resolve this matter. Deputy City Administrator Martin
stated he would take care of the matter.
Alderman Glab noted Council has done good things in the past and has made mistakes
in the past as well. Council creates laws for the City. He noted he has observed signs remaining
Regular Meeting
Page 11
June 28,2010
in the right-of-way long after events are over. He would like to see this matter addressed and
ordinances being followed.
ADJOURNMENT
Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 8:43 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjourned at 8:43 p.m.
Mayor City Clerk
DATE 7/02/2010 10:26 AM CITY OF MCHENRY PAGE 1
AS-NEEDED CHECKS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
------------------------------------------------------------------------------------------------------------------------------------
10060758 600 00 2408 BLUE CROSS BLUE SHIELD 0 830865HEALTH & DENTAL INSURANCE 06/22/10 M 062210 109,250.80 742574
600.00.4310 1006 062210 GLJ0534 103741.79 062210
600.00.4310 1006 062210 GLJ0534 1312.92CR 062210
600.00.4320 1006 062210 GLJ0534 6821.93 062210
10060513 100 46 2458 COCO KEY WATER RESORT 6/17/10 DAY CAMP FIELD TRIP 06/09/10 M 060910 497.11 742445
100.46.5110 1006 060910 GLJ0449 497.11 060910
10060521 100 01 3559 COUNTY CLERKS OFFICE NOTARY COMMISSIONS 06/21/10 M 062110 20.00 742567
GERAGHTY & QUICK
100.01.6940 1006 062110 GLJ0516 10.00 062110
100.01.6940 1006 062110 GLJ0516 10.00 062110
10060524 740 00 5079 ECKSTEIN, MICHAEL PERFORMANCE BOND 06/21/10 M 062110 24,437.70 742571
740.00.6961 1006 062110 GLJ0517 24437.70 062110
10060490 100 9419 FOP UNITS I/II PD UNION DUE 06/30/10 M 061110 912.00 742704
100.214 1006 061110 GLJ0448 912.00 061110
10060516 580 32 8167 HERITAGE TITLE COMPANY 86266 CWWTP SEWER PROJECT 06/11/10 M 061110 1,423.00 510153
580.32.8500 1006 061110 GLJ0454 1423.00 061110
580-CWWSWW
10060668 100 01 6321 HLADISH, MARK 6/27/10 PETERSEN FARM EVENT PERFORM 06/21/10 M 062110 375.00 742572
100.01.4220 1006 062110 GLJO529 375.00 062110
100-LDMKCOM
10060759 100 01 8321 HLADISH, MARK 6/27/10 PETERSEN FARM EVENT PERFORM 06/22/10 M 062210 375.00 742575
100.01.4220 1006 062210 GLJ0534 375.00 062210
100-LDMKCOM
10060002 100 01 8527 HOME DEPOT/GECF MAY 2010 LANDSCAPE FLOWERS 06/01/10 M 060110 510.51 742388
100.01.6110 1006 060110 GLJ0375 510.51 060110
10060003 100 33 8527 HOME DEPOT/GECF MAY 2010 SUPPLIES 06/01/10 M 060110 219.33 742388
100.33.6110 1006 060110 GLJ0375 219.33 060110
10060004 100 45 8527 HOME DEPOT/GECF MAY 2010 SUPPLIES 06/01/10 M 060110 57.69 742388
100.45.6110 1006 060110 GLJ0375 57.69 060110
10060005 510 31 8527 HOME DEPOT/GECF MAY 2010 SUPPLIES 06/01/10 M 060110 174.23 510138
510.31.6110 1006 060110 GLJ0375 174.23 060110
10060494 100 9529 IUOE, LOCAL 150 UNION DUES 06/30/10 M 061110 249.48 742705
100.218 1006 061110 GLJ0448 249.48 061110
10060497 100 9528 IUOE, LOCAL 150 UNION ADM DU 06/30/10 M 061110 733.77 742706
100.218 1006 061110 GLJ0448 733.77 061110
10061013 100 9529 IUOE, LOCAL 150 UNION DUES 06/30/10 M 062510 249.48 742707
100.218 1006 062510 GLJ0540 249.48 062510
DATE 7/02/2010 10:26 AM CITY OF MCHENRY PAGE 21
-
AS-NEEDED CHECKS COUNCIL MEETING 7/12/10 \
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
--------------------------------------------------------------------------------------------------------------------
10061017 100 9528 IUOE, LOCAL 150 UNION ADM DU 06/30/10 M 062510 733.77 742708
100.218 1006 062510 GLJ0540 733.77 062510
10060520 100 01 14067 MCANDREWS PC, THE LAW OF O1 105LEGAL FEES - TRAFFIC 06/21/10 M 062110 6,800.00 742569
100.01.5230 1006 062110 GLJ0516 6800.00 062110
10060043 580 32 14252 MCHENRY COUNTRY CLUB LAND ACQUISITION-SEWER CONVEY 06/03/10 M 060310 140,000.00 510140
580.32.8500 1006 060310 GLJ0397 140000.00 060310
580-CWWSWW
10040179 100 14268 MCHENRY POLICE OFFICER'S POLICE ASN 06/30/10 M 040210 141.00 742709
100.207 1004 040210 GLJ0038 141.00 040210
10040538 100 14268 MCHENRY POLICE OFFICER'S POLICE ASN 06/30/10 M 041610 141.00 742709
100.207 1004 041610 GLJO110 141.00 041610
10041037 100 14268 MCHENRY POLICE OFFICER'S POLICE ASN 06/30/10 M 043010 141.00 742709
100.207 1004 043010 GLJ0187 141.00 043010
10050430 100 14268 MCHENRY POLICE OFFICER'S POLICE ASN 06/30/10 M 043010 141.00 742709
100.207 1005 051410 GLJ0262 141.00 043010
10050897 100 14268 MCHENRY POLICE OFFICER'S POLICE ASN 06/30/10 M 052810 141.00 742709
100.207 1005 052810 GLJ0337 141.00 052810
10060485 100 14268 MCHENRY POLICE OFFICER'S POLICE ASN 06/30/10 M 061110 141.00 742709
100.207 1006 061110 GLJ0448 141.00 061110
ID061006 100 14268 MCHENRY POLICE OFFICER'S POLICE ASN 06/30/10 M 062510 141.00 742709
100.207 1006 062510 GLJ0540 141.00 062510
10060667 205 00 13154 MERKEL, MARISA MISS MCHENRY SUPPLIES REIMB 06/21/10 M 062110 901.37 742573
205.00.6940 1006 062110 GLJ0529 901.37 062110
10060489 100 15019 NATIONAL GUARDIAN LIFE I UNIV. LIFE 06/30/10 M 061110 21.17 742710
100.2191 1006 061110 GLJ0448 21.17 061110
10001009 100 15019 NATIONAL GUARDIAN LIFE I UNIV. LIFE 06/30/10 M 062510 21.16 742710
100.2191 1006 062510 GLJ0540 21.16 062510
10060486 100 15079 NCPERS GROUP LIFE INS. IMRF LIFE 06/30/10 M 061110 304.00 742711
100.2041 1006 061110 GLJ0448 304.00 061110
10060760 100 22 17155 PETTY CASH FUND REPLENISH OAF FUNDS 06/22/10 M 062210 640.00 742576
100.22.5110 1006 062210 GLJ0534 640.00 062210
10060044 100 04 17550 POSTMASTER MCHENRY IL POSTAGE FOR W/S BILLS 06/04/10 M 060310 1,261.75 742391
100.04.5310 1006 060310 GLJ0407 1261.75 060310
10060001 100 XXXXX 17644 PRE-PAID LEGAL SERVICES 122659MONTHLY PAYROLL DEDUCTIONS 06/01/10 M 060110 142.45 742389
,DATE 7/02/2010 10:26 AM CITY OF MCHENRY PAGE 4
AS-NEEDED CHECKS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
------------------------------------------------------------------------------------------------------------------------------------
10060523 510 31 22497 UNITED PARCEL SERVICE 60X485240 UPS CHARGES 06/21/10 M 062110 15.27 510183
510.31.5310 1006 062110 GLJ0516 15.27 062110
10040178 100 22498 UNITED WAY OF MCHENRY CO UNITED WAY 06/30/10 M 040210 28.04 742715
100.205 1004 040210 GLJ0038 28.04 040210
10040537 100 22498 UNITED WAY OF MCHENRY CO UNITED WAY 06/30/10 M 041610 28.04 742715
100.205 1004 041610 GLJO110 28.04 041610
10041036 100 22498 UNITED WAY OF MCHENRY CO UNITED WAY 06/30/10 M 043010 28.04 742715
100.205 1004 043010 GLJ0187 28.04 043010
10050429 100 22498 UNITED WAY OF MCHENRY CO UNITED WAY 06/30/10 M 043010 28.04 742715
100.205 1005 051410 GLJ0262 28.04 043010
10050896 100 22498 UNITED WAY OF MCHENRY CO UNITED WAY 06/30/10 M 052810 28.04 742715
100.205 1005 052810 GLJ0337 28.04 052810
10060484 100 22498 UNITED WAY OF MCHENRY CO UNITED WAY 06/30/10 M 061110 28.04 742715
100.205 1006 061110 GLJ0448 28.04 061110
10061005 100 22498 UNITED WAY OF MCHENRY CO UNITED WAY 06/30/10 M 062510 28.04 742715
100.205 1006 062510 GLJ0540 28.04 062510
10061101 100 XXXXX 22521 UNUM 13327BLIFE INSURANCE PREMIUMS 06/30/10 M 063010 665.95 742716
100.01.4330 1006 063010 GLJ0575 51.30 063010
100.01.4330 1006 063010 GLJ0575 19.00 063010
100.02.4330 1006 063010 GLJ0575 5.70 063010
100.224 1006 063010 GLJ0575 5.98 063010
100.04.4330 1006 063010 GLJ0575 11.12 063010
100.04.4330 1006 063010 GLJ0575 5.70CR 063010
100.04.4330 1006 063010 GLJ0575 22.80 063010
100.22.4330 1006 063010 GLJ0575 336.30 063010
100.22.4330 1006 063010 GLJ0575 5.70CR 063010
100.30.4330 1006 063010 GLJ0575 11.40 063010
100.33.4330 1006 063010 GLJ0575 96.90 063010
100,224 1006 063010 GLJ0575 5.70 063010
100.03.4330 1006 063010 GLJ0575 31.35 063010
100.03.4330 1006 063010 GLJ0575 5.70 063010
100.41.4330 1006 063010 GLJ0575 57.00 063010
100.224 1006 063010 GLJ0575 5.70 063010
100.41.4330 1006 063010 GLJ0575 5.70 063010
100.22.4330 1006 063010 GLJ0575 5.70 063010
10061102 510 XXXXX 22521 UNUM 133278LIFE INSURANCE PREMIUMS 06/30/10 M 063010 116.85 510220
510.31.4330 1006 063010 GLJ0575 59.85 063010
510.32.4330 1006 063010 GLJ0575 57.00 063010
10061103 100 XXXXX 22521 UNUM 133279-OO1VOLUNTARY LIFE INSURANCE 06/30/10 M 063010 777.47 742716
100.2241 1006 063010 GLJ0576 777.47 063010
DATE 7/02/2010 10:26 AM CITY OF MCHENRY PAGE 5
AS-NEEDED CHECKS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
------------------------------------------------------------------------------------------------------------------------------------
EXPENDED LIQUID ACCRUAL
GRAND TOTALS 298,098.54
RECAP TOTALS EXPENDED LIQUID ACCRUAL
FUND TOTALS
100 GENERAL FUND 21,246.46
205 PAGEANT FUND 901.37
510 WATER/SEWER FUND 839.21
580 UTILITY IMPROVEMENTS FUND 141,423.00
600 EMPLOYEE INSURANCE FUND 109,250.80
740 RETAINED PERSONNEL ESCROW 24,437.70
*+«* 298,098.54
DATE 7/07/2010 03:29 PM -CITY OF MCHENRY PAGE 1
LIST OF BILLS COUNCIL MEETING 7/12110
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
-----------------------------------------------------------------------------------------------------------------------------------
10070183 100 45 1001 A-YARD CORP 7/1/10MULCH 07/12/10 0 070710 140.00
100.45.6110 1007 070710 GLJ0608 140.00 070710
10070184 100 45 1001 A-YARD CORP 07-02-10 MULCH 07/12/10 0 070710 140.00
100.45.6110 1007 070710 GLJ0608 140.00 070710
10070180 610 00 1108 ADAMS ENTERPRISES INC, R 435720VEHICLE REPAIRS 07/12/10 0 070710 75.00
610.00.5980 1007 070710 GLJ0608 75.00 070710
10070001 100 42 1106 ADAMS STEEL SERVICE INC 290850SUPPLIES 07/12/10 0 070110 17.59
100.42.6110 1007 070110 GLJO590 17.59 070110
10070027 510 32 1113 ADVANCED AUTOMATION AND 1094 SCADA REPAIR WORK 07/12/10 0 070610 945.00
510.32.5375 1007 070610 GLJ0601 945.00 070610
10070028 100 22 1200 AFTERMATH INC JC09-198 BIO-HAZARD CLEANING 07/12/10 0 070610 190.00
100.22.5110 1007 070610 GLJ0601 190.00 070610
10070029 100 22 1200 AFTERMATH INC JC09-280 BIO-HAZARD CLEANING 07/12/10 0 070610 95.00
100.22.5110 1007 070610 GLJ0601 95.00 070610
10070002 510 31 1390 ALEXANDER EQUIPMENT RENT 45635 SKY JACK 07/12/10 0 070110 4,743.32
510.31.6270 1007 070110 GLJ0590 4743.32 070110
10070172 100 47 1421 AMELIO, ROBERT 6/14-7/2 SOFTBALL UMPIRE SERVICES 07/12/10 0 070710 282.00
100.47.5110 1007 070710 GLJ0608 282.00 070710
10070003 100 47 1497 ANDERSON, LORI 6/1-6/17 PARKS PROGRAM INSTRUCTOR 07/12/10 0 070110 93.00
100.47.5110 1007 070110 GLJ0590 93.00 070110
10070004 510 32 1561 AQUAPREP 10946 CHEMICALS 07/12/10 0 070110 5,764.00
510.32.6110 1007 070110 GLJ0590 5764.00 070110
10070181 510 31 1632 ARAMARK 13598222 EMPLOYEE UNIFORM ITEMS 07/12/10 0 070710 107.98
510.31.4510 1007 070710 GLJ0608 107.98 070710
10070005 100 XXXXX 1450 AT&T JUNE 2010 ALARM CIRCUITS 07/12/10 0 070110 1,323.01
100.22.5320 1007 070110 GLJ0590 922.12 070110
100.43.5320 1007 070110 GLJ0590 100.45 070110
100.45.5320 1007 070110 GLJ0590 300.44 070110
10070006 510 XXXXX 1450 AT&T JUNE 2010 ALARM CIRCUITS 07/12/10 0 070110 584.74
510.31.5320 1007 070110 GLJ0590 100.45 070110
510.32.5320 1007 070110 GLJ0590 484.29 070110
10070007 XXXXX XXXXX 1450 AT&T JUNE/JULY PRI PHONE LINES 07/12/10 0 070110 864.03
100.01.5320 1007 070110 GLJ0590 149.46 070110
100.02.5320 1007 070110 GLJO590 47.20 070110
100.04.5320 1007 070110 GLJ0590 62.93 070110
100.22.5320 1007 070110 GLJ0590 328.80 070110
100.30.5320 1007 070110 GLJ0590 47.20 070110
DATE 7/07/2010 03:29 PM CITY OF MCHENRY PAGE 2
LIST OF BILLS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
------------------------------------------------------------------------------------------------------------------------------------
100.33.5320 1007 070110 GLJ0590 15.73 070110
100.03.5320 1007 070110 GLJ0590 102.26 070110
100.41.5320 1007 070110 GLJ0590 47.20 070110
100.44.5320 1007 070110 GLJ0590 7.86 070110
100.46.5320 1007 070110 GLJ0590 15.73 070110
100.47.5320 1007 070110 GLJ0590 7.86 070110
620.00.5110 1007 070110 GLJ0590 31.80 070110
10070182 100 45 1450 AT&T 8153442792ALARM CIRCUITS 07/12/10 0 070710 29.04
100.45.5320 1007 070710 GLJ0608 29.04 070710
10070008 100 22 1738 AUTO TECH CENTERS INC 218022TIRES 07/12/10 0 070110 151.19
100.22.5370 1007 070110 GLJ0590 151.19 070110
10070009 100 22 1738 AUTO TECH CENTERS INC 217984TIRES 07/12/10 0 070110 211.25
100.22.5370 1007 070110 GLJ0590 211.25 070110
10070010 100 22 1738 AUTO TECH CENTERS INC 217804TIRES 07/12/10 0 070110 203.00
100.22.5370 1007 070110 GLJ0590 203.00 070110
10070185 100 01 6289 BANKCARD SERVICES MAY 2010 TRAVEL EXPENSES 07/12/10 0 070710 375.21
MARTIN & HOBSON
100.01.5420 1007 070710 GLJ0608 375.21 070710
10070186 100 33 6289 BANKCARD SERVICES JUNE 2010 HI-RANGER STANDARDS DOWNLOA 07/12/10 0 070710 45.00
100.33.6110 1007 070710 GLJ0608 45.00 070710
10070030 620 00 2033 BATTERIES PLUS 296-218872BATTERIES 07/12/10 O 070610 134.40
620.00.6110 1007 070610 GLJ0601 134.40 070610
10070031 100 33 2035 BAXTER & WOODMAN 151028PW GARAGE LUST CLOSURE 07/12/10 0 070610 120.00
100.33.5110 1007 070610 GLJ0601 120.00 070610
10070173 100 47 2148 BENTZ, DONALD J 6/14-7/2 SOFTBALL UMPIRE SERVICES 07/12/10 0 070710 127.50
100.47.5110 1007 070710 GLJ0608 127.50 070710
10070187 610 00 2153 BERGGREN, LEE 246969OVERHEAD DOOR REPAIRS 07/12/10 O 070710 263.00
610.00.5980 1007 070710 GLJ0608 263.00 070710
10070032 100 22 2300 BIRK, JOHN CPA GRADUATION SUPPLIES REIMB 07/12/10 0 070610 144.07
100.22.6210 1007 070610 GLJ0601 144.07 070610
10070033 100 XXXXX 2389 BLACKSTONE LANDSCAPE INC 4322 LAWN MOWING SERVICES 07/12/10 0 070610 6,826.25
100.33.5110 1007 070610 GLJ0601 2035.00 070610
100.41.5110 1007 070610 GLJ0601 4791.25 070610
10070034 510 XXXXX 2389 BLACKSTONE LANDSCAPE INC 4322 LAWN MOWING SERVICES 07/12/10 0 070610 3,435.00
510.31.5110 1007 070610 GLJ0601 1875.00 070610
510.32.5110 1007 070610 GLJ0601 1560.00 070610
10070174 100 47 2637 BREMER, CURTIS H 6/14-7/2 SOFTBALL UMPIRE SERVICES 07/12/10 0 070710 156.00
DATE 7/07/2010 03:29 PM CITY OF MCHENRY PAGE 3
LIST OF BILLS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED .
INVENTORY # LOC UNIT COSTS PROJECT # CODE
------------------------------------------------------------------------------------------------------------------------------------
100.47.5110 1007 070710 GLJ0608 156.00 070710
10070011 100 03 2636 BRENNAN, DAN 6/25/10 MOWING SERVICES 07/12/10 0 070110 980.00
100.03.5110 1007 070110 GLJ0590 980.00 070110
10070035 100 22 2655 BROWNELLS INC 5988609.01WEAPON CLEANING SUPPLIES 07/12/10 0 070610 16.70
100.22.5370 1007 070610 GLJ0601 16.70 070610
10070012 100 33 2765 BUSS FORD SALES 37058 VEHICLE REPAIR PARTS 07/12/10 0 070110 17.74
100.33.5370 1007 070110 GLJ0590 17.74 070110
10070036 100 22 3134 CDS OFFICE TECHNOLOGIES INV0510163SQUAD CAR CAMERAS 07/12/10 0 070610 10,958.00
100.22.6270 1007 070610 GLJ0601 10958.00 070610
10070037 100 22 3135 CDW GOVERNMENT INC TBQ6451 SUPPLIES 07/12/10 0 070610 235.76
100.22.6110 1007 070610 GLJ0602 235.76 070610
10070038 100 33 3160 CERTIFIED FLEET SERVICES 110878HI RANGER INSPECTION 07/12/10 0 070610 450.00
100.33.5370 1007 070610 GLJ0602 450.00 070610
10070039 100 45 3460 COIL RACING ENGINES 8631 VEHICLE REPAIRS 07/12/10 0 070610 200.00
100.45.5370 1007 070610 GLJ0602 200.00 070610
10070013 100 42 3527 COLORADO TIME SYSTEMS IN 126749EQUIPMENT REPAIRS 07/12/10 0 070110 425.00
100.42.6110 1007 070110 GLJ0590 425.00 070110
10070188 620 00 3509 COMCAST CABLE 7/4-8/3/10INTERNET SERVICES 07/12/10 0 070710 74.90
620.00.5110 1007 070710 GLJ0608 74.90 070710
10070040 100 33 3528 COMED 5433098004STREET LIGHTING 07/12/10 0 070610 1,853.13
100.33.5520 1007 070610 GLJ0602 1853.13 070610
10070041 100 33 3528 COMED 8990135056STREET LIGHTS 07/12/10 0 070610 21,060.03
100.33.5520 1007 070610 GLJ0602 21060.03 070610
10070042 100 XXXXX 3531 COMED JUNE 2010 UTILITIES 07/12/10 0 070610 1,040.42
100.33.5520 1007 070610 GLJ0602 483.27 070610
100.44.5510 1007 070610 GLJ0602 63.06 070610
100.45.5510 1007 070610 GLJ0602 455.49 070610
100.46.5510 1007 070610 GLJ0602 34.17 070610
100.01.5510 1007 070610 GLJ0602 4.43 070610
10070043 510. XXXXX 3531 COMED JUNE 2010 UTILITIES 07/12/10 0 070610 927.16
510.31.5510 1007 070610 GLJ0602 267.38 070610
510.32.5510 1007 070610 GLJ0602 659.78 070610
10070044 510 XXXXX 3531 COMED JUNE 2010 WATER SEWER PUMPING CHARGES 07/12/10 0 070610 1,991.33
510.31.5510 1007 070610 GLJ0602 268.95 070610
510.32.5510 1007 070610 GLJ0602 1722.38 070610
10070189 100 45 3539 CONSERV FS 1344961IN SUPPLIES 07/12/10 0 070710 137.00
DATE 7/07/2010 03:29 PM CITY OF MCHENRY PAGE 4
LIST OF BILLS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
------------------------------------------------------------------------------------------------------------------------------------
100.45.6110 1007 070710 GLJ0608 137.00 070710
10070014 100 01 3559 COUNTY CLERKS OFFICE NEVILLE NOTARY COMMISSION 07/12/10 O 070110 10.00
100.01.6940 1007 070110 GLJ0590 10.00 070110
10070045 510 31 3634 CRESCENT ELECTRIC SUPPLY 112-160795ELECTRICAL SUPPLIES 07/12/10 O 070610 32.90
510.31.6110 1007 070610 GLJ0602 32.90 070610
10070046 100 45 3634 CRESCENT ELECTRIC SUPPLY 112-159773ELECTRICAL SUPPLIES 07/12/10 0 070610 1,214.98
100.45.6110 1007 070610 GLJ0602 1214.98 070610
10070015 100 45 3642 CROWDER, TRACY CLOTHING ALLOWANCE REIMB 07/12/10 0 070110 25.85
100.45.4510 1007 070110 GLJ0590 25.85 070110
10070047 100 33 3742 CURRAN CONTRACTING COMPA 73527 MATERIALS 07/12/10 0 070610 383.52
100.33.6110 1007 070610 GLJ0602 383.52 070610
10070048 510 31 3742 CURRAN CONTRACTING COMPA 73527 MATERIALS 07/12/10 O 070610 80.07
510.31.6110 1007 070610 GLJ0602 80.07 070610
10070049 100 33 3742 CURRAN CONTRACTING COMPA 73594 MATERIALS 07/12/10 0 070610 10.00
100.33.6110 1007 070610 GLJ0602 10.00 070610
10070050 100 33 3742 CURRAN CONTRACTING COMPA 73555 MATERIALS 07/12/10 0 070610 30.00
100.33.6110 1007 070610 GLJ0602 30.00 070610
10070053 100 41 1 DAHL, FRED PARKS PROGRAM REFUND 07/12/10 O 070610 358.00
100.41.3636 1007 070610 GLJ0603 358.00 070610
10070016 100 22 4136 DEBOLT, JUSTIN WC PAY DEDUCTION REIMB 07/12/10 O 070110 23.25
100.22.5110 1007 070110 GLJ0590 23.25 070110
10070175 100 47 4146 DELISI, PHIL 6/14-7/2 SOFTBALL UMPIRE SERVICES 07/12/10 0 070710 300.00
100.47.5110 1007 070710 GLJ0608 300.00 070710
10070017 620 00 4530 DOCUMENT IMAGING DIMENSI 68249 LASER PRINTER SUPPLIES 07/12/10 0 070110 516.00
620.00.6210 1007 070110 GLJ0590 22 427.00 070110
620.00.6210 1007 070110 GLJ0590 33 89.00 070110
10070054 100 22 4556 DONS CLEANERS D314203 DRY CLEANING SERVICES 07/12/10 0 070610 7.40
100.22.5110 1007 070610 GLJ0603 7.40 070610
10070018 100 33 4760 DURA WAX COMPANY INC, TH 341796CLF-ANING SUPPLIES 07/12/10 0 070110 76.85
100.33.6110 1007 070110 GLJ0590 76.85 070110
10070190 100 01 4760 DURA WAX COMPANY INC, TH 341742CLEANING SUPPLIES 07/12/10 0 070710 83.80
100.01.6110 1007 070710 GLJ0608 83.80 070710
10070055 100 33 5109 ED'S AUTOMOTIVE/JIM'S MU JUNE 2010 VEHICLE SAFETY INSPECTIONS 07/12/10 O 070610 184.00
100.33.5370 1007 070610 GLJ0603 184.00 070610
DATE 7/07/2010 03:29 PM CITY OF MCHENRY PAGE 5
LIST OF BILLS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED .
INVENTORY # LOC UNIT COSTS PROJECT # CODE
------------------------------------------------------------------------------------------------------------------------------------
10070056 510 32 5109 ED'S AUTOMOTIVE/JIM'S MU JUNE 2010 VEHICLE SAFETY INSPECTIONS 07/12/10 O 070610 34.00
510.32.5370 1007 070610 GLJ0603 34.00 070610
10070057 100 33 5107 ED'S RENTAL & SALES INC 1-355594 EQUIPMENT RENTAL 07/12/10 0 070610 105.00
100.33.6110 1007 070610 GLJ0603 105.00 070610
10070019 230 00 5108 EDER CASELLA & CO 8775 AUDIT EXAMINATION 07/12/10 0 070110 20,000.00
230.00.5110 1007 070110 GLJ0590 20000.00 070110
10070058 100 33 6293 FISCHER BROS FRESH 13415 MATERIALS 07/12/10 0 070610 653.63
100.33.6110 1007 070610 GLJ0603 653.63 070610
10070059 100 22 6390 FLESCH COMPANY INC, GORD OSU86ACRIME LAB PRINTER SUPPLIES 07/12/10 0 070610 425.06
100.22.6210 1007 070610 GLJ0603 425.06 070610
10070176 100 47 6554 FOWLER, JEFF R 6/14-7/2 SOFTBALL UMPIRE SERVICES 07/12/10 O 070710 115.00
100.47.5110 1007 070710 GLJ0608 115.00 070710
10070060 100 33 6559 FOXCROFT MEADOWS INC 36697 SOD 07/12/10 0 070610 16.32
100.33.6110 1007 070610 GLJ0603 16.32 070610
10070020 205 00 7281 G IMPRESSIONS INC 10001744 PARADE SIGNS 07/12/10 0 070110 150.00
205.00.6940 1007 070110 GLJ0590 150.00 070110
10070062 100 33 7151 GENESIS TRUCK & AUTO PAR JUNE 2010 VEHICLE REPAIR PARTS 07/12/10 0 070610 13.84
100.33.5370 1007 070610 GLJ0603 13.84 070610
10070063 510 32 7151 GENESIS TRUCK & AUTO PAR JUNE 2010 VEHICLE REPAIR PARTS 07/12/10 0 070610 479.32
510.32.5370 1007 070610 GLJ0603 479.32 070610
10070021 100 44 7535 GOLD MEDAL PRODUCTS 216077CONCESSION SUPPLIES 07/12/10 0 070110 471.95
100.44.6110 1007 070110 GLJ0590 471.95 070110
10070022 100 47 7643 GROVE, KELLY 6/7-6/21 PARKS PROGRAM INSTRUCTOR 07/12/10 0 070110 121.88
100.47.5110 1007 070110 GLJ0590 121.88 070110
10070064 100 42 8012 HALOGEN SUPPLY COMPANY 386086POOL SUPPLIES 07/12/10 0 070610 1,678.70
100.42.6110 1007 070610 GLJ0603 1678.70 070610
10070065 100 22 8017 HANSEN'S ALIGNMENT, DON 6/22/10 VEHICLE REPAIRS 07/12/10 0 070610 65.00
100.22.5370 1007 070610 GLJ0603 65.00 070610
10070066 100 41 8022 HARM'S FARM 15958 MULCH 07/12/10 0 070610 25.74
100.41.6950 1007 070610 GLJ0603 25.74 070610
10070191 100 41 8022 HARM'S FARM 15960 MULCH 07/12/10 0 070710 34.90
100.41.6950 1007 070710 GLJ0608 34.90 070710
10070067 100 41 1 HARRISON, JANET PARKS PROGRAM REFUND 07/12/10 0 070610 62.00
100.41.3634 1007 070610 GLJ0603 62.00 070610
DATE 7/07/2010 03:29 PM CITY OF MCHENRY PAGE 6
LIST OF BILLS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
------------------------------------------------------------------------------------------------------------------------------------
10070068 510 31 8042 HAWKINS INC 3127711 CHEMICALS 07/12/10 0 070610 1,467.72
510.31.6110 1007 070610 GLJ0603 1467.72 070610
10070093 100 XXXXX 8530 HOLIAN, CAROL OVER PAYMENT REFUND 07/12/10 0 070710 17.70
UNUM VOLUNTARY LIFE INSURANCE
100.2241 1007 070710 GLJ0606 17.70 070710
10070069 510 32 8881 HYDROTEX 577872CHEMICALS 07/12/10 0 070610 1,238.54
510.32.6250 1007 070610 GLJ0603 1238.54 070610
10070192 620 00 9406 ILLINOIS AUDIO PRODUCTIO 82899 MESSAGE ON HOLD SERVICES 07/12/10 0 070710 135.00
620.00.5110 1007 070710 GLJ0608 135.00 070710
10070070 100 01 9390 ILLINOIS CITY/COUNTY MAN MAXEINER MEMBERSHIP RENEWAL 07/12/10 0 070610 283.75
100.01.5430 1007 070610 GLJ0603 283.75 070610
10070071 510 32 9440 ILLINOIS EPA ILR006228 ANNUAL NPDES PERMIT FEE 07/12/10 0 070610 500.00
510.32.5110 1007 070610 GLJ0603 500.00 070610
10070072 510 32 9440 ILLINOIS EPA ILR006227 ANNUAL NPDES PERMIT FEE 07/12/10 0 070610 500.00
510.32.5110 1007 070610 GLJ0603 500.00 070610
10070073 510 32 9440 ILLINOIS EPA IL0066257 ANNUAL NPDES PERMIT FEE 07/12/10 0 070610 15,000.00
510.32.5110 1007 070610 GLJ0603 15000.00 070610
10070074 510 32 9440 ILLINOIS EPA IL0021067 ANNUAL NPDES PERMIT FEE 07/12/10 0 070610 15,000.00
510.32.5110 1007 070610 GLJ0603 15000,00 070610
10070075 100 42 9500 INNOVATIVE PACKAGING INC IVC23535 SUPPLIES 07/12/10 0 070610 94.00
100.42.6110 1007 070610 GLJ0603 94.00 070610
10070076 510 32 9520 INTERSTATE BATTERY SYSTE 34792 UPS BATTERIES 07/12/10 0 070610 99.60
510.32.6110 1007 070610 GLJ0603 99.60 070610
10070077 100 47 9580 IRISH PRAIRIE RECREATION 233187A-B SUMMER POOL RENTAL 07/12/10 0 070610 500.00
100.47.5110 1007 070610 GLJ0603 500.00 070610
10070193 740 00 9641 ITH ENGINEERING INC #11600RETAINED PERSONEL REFUND 07/12/10 0 070710 830.00
740.00.3750 1007 070710 GLJ0608 830.00 070710
10070079 100 22 10211 J G UNIFORMS INC 22423 EMPLOYEE UNIFORMS 07/12/10 0 070610 159.42
100.22.4510 1007 070610 GLJ0603 159.42 070610
10070078 100 45 5521 JC LICHT/EPCO 6905721 FIELD MARKING PAINT 07/12/10 0 070610 480.00
100.45.6110 1007 070610 GLJ0603 480.00 070610
10070080 610 00 10740 JUSTEN, MARK 5/10/10 PROPERTY DAMAGE REIMB 07/12/10 0 070610 2,313.00
SEWER BACK-UP
610.00.5980 1007 070610 GLJ0603 2313.00 070610
10070081 100 22 11025 KALE UNIFORMS INC 460460EMPLOYEE UNIFORMS 07/12/10 0 070610 6.81
DATE 7/07/2010 03:29 PM CITY OF MCHENRY PAGE 7
LIST OF BILLS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
------------------------------------------------------------------------------------------------------------------------------------
100.22.4510 1007 070610 GLJ0603
6.81 070610
10070082 100 22 11025 KALE UNIFORMS INC 460268EMPLOYEE UNIFORMS 07/12/10 0 070610 7.99
100.22.4510 1007 070610 GLJ0603 7.99 070610
10070083 100 22 11025 KALE UNIFORMS INC 459292EMPLOYEE UNIFORMS 07/12/10 0 070610 59.00
100.22.4510 1007 070610 GLJ0603 59.00 070610
10070084 100 33 11286 KIMBALL MIDWEST 1546691 SUPPLIES 07/12/10 0 070610 159.49
100.33.5370 1007 070610 GLJ0603 171.77 070610
100.33.5370 1007 070610 GLJ0603 EARLY PAY DISCOUNT 12.28CR 070610
10070085 100 22 11390 KLEAN, TRACY CLOTHING ALLOWANCE REIMB 07/12/10 0 070610 64.20
100.22.4510 1007 070610 GLJ0603 64.20 070610
10070086 100 XXXXX 11517 KOLNER, KIMBERLY INSURANCE OVERPAYMENT REFUND 07/12/10 0 070610 3.85
UNUM VOLUNTARY LIFE
100.2241 1007 070610 GLJ0603 3.85 070610
10070087 100 22 11640 KREASSIG, DANIEL CLOTHING ALLOWANCE REIMB 07/12/10 0 070610 138.17
100.22.4510 1007 070610 GLJ0603 138.17 070610
10070088 510 32 12017 LANG PONTIAC-CADILLAC-SU 84652 VEHICLE REPAIR PART 07/12/10 0 070610 81.84
510.32.5370 1007 070610 GLJ0603 81.84 070610
10070089 100 45 12017 LANG PONTIAC-CADILLAC-SU 84429 VEHICLE REPAIR PART 07/12/10 0 070610 35.21
100.45.5370 1007 070610 GLJ0603 35.21 070610
10070194 100 22 1074 LEXISNEXIS 20100630 CUSTOM COMPREHENSIVE REPORT 07/12/10 0 070710 119.50
100.22.5110 1007 070710 GLJ0608 119.50 070710
10070090 100 43 12283 LIFEGUARD STORE INC, THE INV0I9246 SUPPLIES 07/12/10 0 070610 114.00
100.43.6110 1007 070610 GLJ0603 114.00 070610
10070094 100 XXXXX 12302 LINE, GARY OVER PAYMENT REFUND 07/12/10 0 070710 64.80
UNUM VOLUNTARY LIFE INSURANCE
100.2241 1007 070710 GLJ0606 64.80 070710
10070091 100 47 12746 LUNKENHEIMER, PATTIE CUBS 6/18 FIELD TRIP MEAL REIMB 07/12/10 0 070610 14.00
100.47.6110 1007 070610 GLJ0603 14.00 070610
10070096 100 00 2 MARATHON GAS REFUND PERMIT #10-05-027 07/12/10 0 070710 30.00
100.00.3410 1007 070710 GLJ0606 30.00 070710
10070095 100 22 16015 MARATHON TOWING 14417 VEHICLE TOWING SERVICES 07/12/10 0 070710 65.00
100.22.5110 1007 070710 GLJ0606 65.00 070710
10070097 510 31 13037 MARTELLE WATER TREATMENT 8515 CHEMICALS 07/12/10 0 070710 1,186.90
510.31.6110 1007 070710 GLJ0606 1186.90 070710
10070177 100 47 13045 MAZZUCA, JOE 6/14-7/2 SOFTBALL UMPIRE SERVICES 07/12/10 0 070710 138.00
DATE 7/07/2010 03:29 PM CITY OF MCHENRY PAGE 8
LIST OF BILLS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
-------------------------------------------------------------------------------------------------------------------------------------
100.47.5110 1007 070710 GLJ0608 138.00 070710
10070103 100 01 14067 MCANDREWS PC, THE LAW OF 01 105LEGAL FEES - TRAFFIC 07/12/10 0 070710 6,800.00
100.01.5230 1007 070710 GLJO606 6800.00 070710
10070105 610 00 14274 MCH CTY MUNICIPAL RISK M 35 2010/11 ALLOCATION 07/12/10 0 070710 456,798.00
610.00.5960 1007 070710 GLJ0606 456798.001 070710
10070104 510 32 14246 MCHENRY ANALYTICAL WATER 24938 CENTRAL PLANT PERMIT TESTS 07/12/10 0 070710 385.00
510.32.5110 1007 070710 GLJO606 385.00 070710
10070106 100 45 14269 MCHENRY POWER EQUIPMENT 5880 SUPPLIES 07/12/10 0 070710 14.00
100.45.6110 1007 070710 GLJ0606 14.00 070710
10070195 100 47 14292 MCHENRY SCHOOLS TRANSPOR 6/30/10 SWIM TEAM TRANSPORTATION 07/12/10 0 070710 366.34
100.47.5110 1007 070710 GLJO608 366.34 070710
10070196 100 47 14292 MCHENRY SCHOOLS TRANSPOR 6/15/10 SWIM TEAM TRANSPORTATION 07/12/10 0 070710 218.47
100.47.5110 1007 070710 GLJ0608 218.47 070710
10070197 100 47 14292 MCHENRY SCHOOLS TRANSPOR 6/22/10 SWIM TEAM TRANSPORTATION 07/12/10 0 070710 148.40
100.47.5110 1007 070710 GLJO608 148.40 070710
10070107 100 XXXXX 14276 MCHENRY SPECIALTIES 2010-653 TROPHIES & MEDALS 07/12/10 0 070710 414.00
100.46.6920 1007 070710 GLJ0606 99.00 070710
100.47.6920 1007 070710 GLJ0606 315.00 070710
10070108 100 01 14278 MCHENRY SPECIALTIES 2010-754 NAME PLATE 07/12/10 0 070710 5.00
100.01.6110 1007 070710 GLJO606 5.00 070710
10070109 510 32 14424 MCMASTER-CARR SUPPLY CO 58422324 SUPPLIES 07/12/10 0 070710 73.79
510.32.6110 1007 070710 GLJ0606 73.79 070710
10070098 510 32 13164 METROPOLITAN INDUSTRIES 232216EQUIPMENT REPAIR PARTS 07/12/10 0 070710 830.70
510.32.5375 1007 070710 GLJ0606 830.70 070710
10070099 510 32 13164 METROPOLITAN INDUSTRIES 232212UTILITY SYSTEM REPAIR PARTS 07/12/10 0 070710 908.67
510.32.5380 1007 070710 GLJ0606 908.67 070710
10070100 510 32 13277 MIDWEST HOSE AND FITTING M3798 VEHICLE REPAIR PARTS 07/12/10 0 070710 36.32
510.32.5370 1007 070710 GLJ0606 36.32 070710
10070178 100 47 13534 MOORE, KEVIN 6/14-7/2 SOFTBALL UMPIRE SERVICES 07/12/10 0 070710 229.50
100.47.5110 1007 070710 GLJ0608 229.50 070710
10070102 100 22 13536 MORRIE AND SONS INC 807 VEHICLE TOWING SERVICES 07/12/10 0 070710 165.00
100.22.5110 1007 070710 GLJO606 165.00 070710
10070110 100 45 15545 NICOR GAS JUNE 2010 UTILITIES 07/12/10 0 070710 92.12
100.45.5510 1007 070710 GLJ0606 92.12 070710
DATE• 7/07/2010 03:29 PM CITY OF MCHENRY PAGE 9
LIST OF BILLS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
------------------------------------------------------------------------------------------------------------------------------------
10070111 510 31 15545 NICOR GAS JUNE 2010 UTILITIES 07/12/10 0 070710 462.05
510.31.5510 1007 070710 GLJ0606 462.05 070710
10070198 100 46 16415 OLD TOWNE PIZZA 7/2/10DAY CAMP #2 PIZZAS 07/12/10 0 070710 62.00
100.46.6110 1007 070710 GLJ0608 62.00 070710
10070112 100 44 17156 PEPSI BEVERAGE COMPANY 1727417420OONCESSION SUPPLIES 07/12/10 0 070710 570.37
100.44.6110 1007 070710 GLJ0606 570.37 070710
10070199 100 00 4 PETERSEN, NICOLE VEHICLE LATE FEE REFUND 07/12/10 0 070710 6.00
NEW RESIDENT
100.00.3540 1007 070710 GLJ0608 6.00 070710
10070113 100 03 2532 PETROLIANCE LLC 8854173 VEHICLE FUEL 07/12/10 0 070710 143.84
100.03.6250 1007 070710 GLJ0606 143.84 070710
10070114 100 22 2532 PETROLIANCE LLC 8859387 VEHICLE FUEL 07/12/10 0 070710 473.80
100.22.6250 1007 070710 GLJ0606 473.80 070710
10070115 100 33 2532 PETROLIANCE LLC 8648485 VEHICLE MAINTENANCE FLUIDS 07/12/10 0 070710 4,467.55
100.33.6250 1007 070710 GLJ0606 4467.55 070710
10070116 100 33 2532 PETROLIANCE LLC 8854177 VEHICLE FUEL 07/12/10 0 070710 728.18
100.33.6250 1007 070710 GLJ0606 766.30 070710
100.33,6250 1007 070710 GLJ0606 DUPLICATE BILLING 38.12CR 070710
10070117 100 45 2532 PETROLIANCE LLC 8854176 VEHICLE FUEL 07/12/10 0 070710 656.55
100.45.6250 1007 070710 GLJ0606 656.55 070710
10070118 510 31 2532 PETROLIANCE LLC 8854175 VEHICLE FUEL 07/12/10 0 070710 358.13
510.31.6250 1007 070710 GLJ0606 358.13 070710
10070119 510 32 2532 PETROLIANCE LLC 8848482 VEHICLE MAINTENANCE FLUIDS 07/12/10 0 070710 2,703.80
510.32.6250 1007 070710 GLJ0606 2703.80 070710
10070120 510 32 2532 PETROLIANCE LLC 8848484 MAINTENANCE FLUIDS 07/12/10 0 070710 1,345.65
510.32.6250 1007 070710 GLJ0606 1345.65 070710
10070121 510 32 2532 PETROLIANCE LLC 8847295 VEHICLE FUEL 07/12/10 0 070710 476.12
510.32.6250 1007 070710 GLJ0606 476.12 070710
10070122 510 32 2532 PETROLIANCE LLC 8854174 VEHICLE FUEL 07/12/10 0 070710 434.87
510.32.6250 1007 070710 GLJ0606 434.87 070710
10070123 100 22 17154 PETTIBONE & CO, P F 20334 EMPLOYEE UNIFORMS 07/12/10 0 070710 27.95
100.22.4510 1007 070710 GLJ0606 27.95 070710
10070200 100 01 19028 PITEL SEPTIC INC 6608 PORTABLE TOILET RENTAL 07/12/10 0 070710 200.00
DAY AT PETERSEN FARM
100.01.6940 1007 070710 GLJ0608 200.00 070710
DATE 7/07/2010 03:29 PM CITY OF MCHENRY PAGE 10
LIST OF BILLS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT. VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
------------------------------------------------------------------------------------------------------------------------------------
10070124 100 22 17640 PRECISION SERVICE & PART 06-101500 VEHICLE REPAIR PARTS 07/12/10 O 070710 237.98
100.22.5370 1007 070710 GLJ0606 237.98 070710
10070125 100 22 17640 PRECISION SERVICE & PART 3070231CM RETURNED ITEMS 07/12/10 0 070710 18.00-
100.22.5370 1007 070710 GLJ0606 18.00OR 070710
10070126 100 22 17640 PRECISION SERVICE & PART 3082438-CMCORE DEPOSIT 07/12/10 0 070710 60.00-
100.22.5370 1007 070710 GLJ0606 60.00OR 070710
10070127 100 33 17635 PRIME TACK & SEAL CO 28932 SUPPLIES 07/12/10 0 070710 796.95
100.33.6110 1007 070710 GLJ0606 796.95 070710
10070128 100 33 17656 PROSAFETY INC 2/665830 EMPLOYEE UNIFORM ITEM 07/12/10 0 070710 120.95
100.33.4510 1007 070710 GLJ0606 120.95 070710
10070129 100 47 19154 REISHUS, DEIRDRE ' 4/22-6/17 PARKS PROGRAM INSTRUCTOR 07/12/10 0 070710 189.00
100.47.5110 1007 070710 GLJ0606 189.00 070710
10070130 100 46 19281 RICCI, DONNA SUPPLIES REIMB 07/12/10 0 070710 8.49
100.46.6110 1007 070710 GLJ0606 8.49 070710
10070141 100 33 19312 RIVERSIDE BAKE SHOP 742744RETIREMENT CAKE 07/12/10 0 070710 83.02
HOLMSTROM
100.33.6110 1007 070710 GLJ0606 83.02 070710
10070142 610 00 19312 RIVERSIDE BAKE SHOP 741858MCMRMA MEETING REFRESHMENTS 07/12/10 0 070710 38.12
610.00.6940 1007 070710 GLJ0606 38.12 070710
10070131 100 01 19550 ROTARY CLUB OF MCHENRY 43 INITIATION FEE & ANNUAL DUES 07/12/10 0 070710 500.00
MARTIN
100.01.5410 1007 070710 GLJ0606 500.00 070710
10070201 100 01 19555 ROWE, HERBERT W 6/23/10 PAINTING SERVICES 07/12/10 0 070710 75.00
100.01.5110 1007 070710 GLJ0608 75.00 070710
10070135 510 32 20174 S-F ANALYTICAL LABORATOR 10061708 TOXICITY TESTS 07/12/10 0 070710 485.00
510.32.5110 1007 070710 GLJ0606 485.00 070710
10070132 100 00 2 SALON UNIQUE REFUND PERMIT #10-05-091 07/12/10 0 070710 30.00
100.00.3410 1007 070710 GLJ0606 30.00 070710
10070133 100 47 20097 SCHWEITZER, BRIAN H 7/13/10 RIVER RUN STARTER/TIMER 07/12/10 0 070710 150.00
100.47.6920 1007 070710 GLJ0606 150.00 070710
10070134 740 00 20430 SEC GROUP INC 67981AORCHARD BEACH SANITARY EXT 07/12/10 0 070710 2,773.75
740.00.5220 1007 070710 GLJ0606 2773.75 070710
10070143 510 31 20430 SEC GROUP INC 67591 PLANT #4 ELECTRICAL ANALYSIS 07/12/10 0 070710 480.00
510.31.5110 1007 070710 GLJ0606 480.00 070710
10070144 440 00 20430 SEC GROUP INC 67592 LEGEND LAKES BUILDOUT 07/12/10 0 070710 2,486.25
DATE 7/07/2010 03:29 PM CITY OF MCHENRY PAGE 11
LIST OF BILLS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK,
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
------------------------------------------------------------------------------------------------------------------------------------
440.00.5110 1007 070710 GLJ0606 2486.25 070710
440-KIMBALL
10070145 440 00 20430 SEC GROUP INC 4/67970 RIDGE ROAD RESURFACING 07/12/10 0 070710 10,467.68
440.00.8600 1007 070710 GLJ0606 10467.68 070710
440-RIDGE
10070146 440 00 20430 SEC GROUP INC 5/67966 LILLIAN STREET RESURFACING 07/12/10 0 070710 41.88
440.00.8600 1007 070710 GLJ0606 41.88 070710
440-LILLIAN
10070147 100 33 20430 SEC GROUP INC 67593 BRIDGE INSPECTIONS 07/12/10 0 070710 1,206.00
100.33.5110 1007 070710 GLJ0606 1206.00 070710
10070148 100 33 20430 SEC GROUP INC 67594 BRIDGE INSPECTIONS 07/12/10 0 070710 3,286.50
100.33.5110 1007 070710 GLJ0606 3286.50 070710
10070149 580 32 20430 SEC GROUP INC 67598 SEWER SYSTEM IMPROVEMENTS 07/12/10 0 070710 8,839.80
580.32.8500 1007 070710 GLJ0606 8839.80 070710
580-SWWTP
10070202 100 01 20668 SHAW SUBURBAN MEDIA 10474 LEGAL ADVERTISING 07/12/10 0 070710 98.00
100.01.5330 1007 070710 GLJ0608 98.00 070710
10070136 100 33 20257 SHERWIN INDUSTRIES INC SS037649 SUPPLIES 07/12/10 0 070710 111.74
100.33.5370 1007 070710 GLJ0606 111.74 070710
10070137 100 33 20257 SHERWIN INDUSTRIES INC SS037242 SUPPLIES 07/12/10 0 070710 235.33
100.33.5370 1007 070710 GLJ0606 235.33 070710
10070138 100 33 20257 SHERWIN INDUSTRIES INC SCO22802 SUPPLIES 07/12/10 0 070710 375.00
100.33.5370 1007 070710 GLJ0606 375.00 070710
10070150 100 33 20257 SHERWIN INDUSTRIES INC SS038118 SUPPLIES 07/12/10 O 070710 2,240.00
100.33.6110 1007 070710 GLJ0606 2240.00 070710
10070139 100 41 1 SILVA, ANA PARKS PROGRAM REFUND 07/12/10 0 070710 66.00
100.41.3634 1007 070710 GLJ0606 40.00 070710
100.41.3636 1007 070710 GLJ0606 26.00 070710
10070140 100 22 20311 SIRCHIE FINGER PRINT LAB 552965-IN SUPPLIES 07/12/10 0 070710 438.58
100.22.6110 1007 070710 GLJ0606 438.58 070710
10070151 100 41 1 SPENGEL, TRISH PARKS PROGRAM REFUND 07/12/10 0 070710 41.25
100.41.3637 1007 070710 GLJ0606 41.25 070710
10070154 100 47 20733 ST PAULS EPISCOPAL CHURC JULY 2010 PARKS PROGRAM RENTAL SPACE 07/12/10 0 070710 230.55
100.47.5110 1007 070710 GLJ0606 230.55 070710
10070203 620 00 20710 STANS OFFICE TECHNOLOGIE 273323INTERNET SERVICES 07/12/10 0 070710 179.00
620.00.5110 1007 070710 GLJ0608 179.00 070710
DATE 7/07/2010 03:29 PM CITY OF MCHENRY PAGE 12
LIST OF BILLS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
------------------------------------------------------------------------------------------------------------------------------------
10070152 100 XXXXX 20711 STAPLES BUSINESS ADVANTA 8015773080OFFICE SUPPLIES 07/12/10 0 070710 120.01
100.00.6210 1007 070710 GLJ0606 700.88CR 070710
100.01.6210 1007 070710 GLJ0606 56.48 070710
100.04.6210 1007 070710 GLJ0606 587.92 070710
100.41.6210 1007 070710 GLJ0606 56.48 070710
100.02.6210 1007 070710 GLJ0606 120.01 070710
10070153 100 XXXXX 20713 STAYWELL 6570476 SUPPLIES 07/12/10 0 070710 27.02
100.42.6110 1007 070710 GLJ0606 13.51 070710
100.43.6110 1007 070710 GLJ0606 13.51 070710
10070155 100 47 20746 SUNBURST SPORTSWEAR INC 107060RIVER RUN SHIRTS 07/12/10 0 070710 1,442.88
100.47.6920 1007 070710 GLJ0606 1442.88 070710
10070179 100 47 21147 TEGTMEIER, TERRY 6/14-7/2 SOFTBALL UMPIRE SERVICES 07/12/10 0 070710 92.00
100.47.5110 1007 070710 GLJ0608 92.00 070710
10070156 100 33 21632 TRAFFIC CONTROL & PROTEC 66771 STREET SIGNS 07/12/10 0 070710 121.05
100.33.6110 1007 070710 GLJ0606 121.05 070710
10070157 100 33 21632 TRAFFIC CONTROL & PROTEC 66772 STREET SIGNS 07/12/10 0 070710 802.97
100.33.6110 1007 070710 GLJ0606 802.97 070710
10070158 100 33 21632 TRAFFIC CONTROL & PROTEC 66862 STREET SIGNS 07/12/10 0 070710 205.84
100.33.6110 1007 070710 GLJ0606 205.84 070710
10070159 100 33 21632 TRAFFIC CONTROL & PROTEC 66861 STREET SIGNS 07/12/10 0 070710 40.02
100.33.6110 1007 070710 GLJ0606 40.02 070710
10070160 100 04 22499 UNITED STATES POSTAL SER 1007678 DELIVERY STATISTICS REPORT 07/12/10 0 070710 75.00
100.04.5310 1007 070710 GLJ0606 75.00 070710
10070204 100 45 23003 VALENTINES REPAIR 26330 SUPPLIES 07/12/10 0 070710 101.09
100.45.6110 1007 070710 GLJ0608 101.09 070710
10070161 100 44 23007 VALLEY POPCORN CO 101126CONCESSION SUPPLIES 07/12/10 0 070710 1,125.50
100.44.6110 1007 070710 GLJ0606 1125.50 070710
10070162 100 47 3661 VALLEY VIEW ACRES 7585 PARKS PROGRAM INSTRUCTOR 07/12/10 0 070710 340.00
100.47.5110 1007 070710 GLJ0606 340.00 070710
10070163 510 32 23287 VIKING CHEMICAL COMPANY 202007CHEMICALS 07/12/10 0 070710 1,303.00
510.32.6110 1007 070710 GLJ0606 1303.00 070710
10070164 100 XXXXX 23390 VLCEK, PEGGY INSURANCE PREMIUMS REFUND 07/12/10 0 070710 5.40
UNUM VOLUNTARY LIFE
100.2241 1007 070710 GLJ0606 5.40 070710
10070165 510 32 24028 WASTE MANAGEMENT OF WI P 2277727422SLUDGE DISPOSAL SERVICES 07/12/10 0 070710 7,870.60
510.32.5580 1007 070710 GLJ0606 7870,60 070710
DATE 7/07/2010 03:29 PM CITY OF MCHENRY PAGE 13
LIST OF BILLS COUNCIL MEETING 7/12/10
CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK
ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED
INVENTORY # LOC UNIT COSTS PROJECT # CODE
------------------------------------------------------------------------------------------------------------------------------------
10070205 510 32 24028 WASTE MANAGEMENT OF WI P 2284027428SLUDGE DISPOSAL SERVICES 07/12/10 0 070710 5,995.64
510.32.5580 1007 070710 GLJ0608 5995.64 070710
10070166 100 33 24256 WHOLESALE DIRECT INC 178898SUPPLIES 07/12/10 0 070710 65.70
100.33.5370 1007 070710 GLJ0606 65.70 070710
10070167 100 01 24290 WILSON NURSERIES INC 179273-IN FLOWERS FOR DOWNTOWN PLANTI 07/12/10 0 070710 86.00
100.01.6110 1007 070710 GLJ0606 86.00 070710
10070168 510 32 24900 WUNDERLICK - MALEC 4042 EQUIPMENT SERVICE CALL 07/12/10 0 070710 226.00
510.32.6110 1007 070710 GLJ0606 226.00 070710
10070169 100 46 27010 ZAHN, DAN 6/28/10 PARKS PROGRAM INSTRUCTOR 07/12/10 0 070710 408.00
100.46.5110 1007 070710 GLJ0606 408.00 070710
10070170 100 33 27030 ZARNOTH BRUSH WORKS INC 128973-IN SUPPLIES 07/12/10 0 070710 462.50
100.33.5370 1007 070710 GLJ0606 462.50 070710
10070171 100 XXXXX 27146 ZEP SALES & SERVICE 30424798 SUPPLIES 07/12/10 0 070710 327.91
100.33.5370 1007 070710 GLJ0606 200.35 070710
100.45.5370 1007 070710 GLJ0606 127.56 070710
EXPENDED LIQUID ACCRUAL
GRAND TOTALS 674,729.32
RECAP TOTALS EXPENDED LIQUID ACCRUAL
FUND TOTALS
100 GENERAL FUND 90,006.98
205 PAGEANT FUND 150.00
230 AUDIT EXPENSE FUND 20,000.00
440 CAPITAL IMPROVEMENTS FUND 12,995.81
510 WATER/SEWER FUND 78,574.76
580 UTILITY IMPROVEMENTS FUND 8,839.80
610 RISK MANAGEMENT FUND 459,487.12
620 INFORMATION TECHNOLOGY FUND 1,071.10
740 RETAINED PERSONNEL ESCROW 3,603.75
**** 674,729.32
ti
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Douglas Martin, Deputy City Administrator
FOR: July 12, 2010, Regular City Council Meeting
RE: Minor Variances at 500 Bally Road
Background. The applicant, who resides at 500 Bally Road south of Charles Miller Road
adjacent to the Fox River and the McHenry Shores Subdivision, is requesting two minor
variances to allow an existing 256 square foot shed. The variances requested are to allow more
than two accessory structures on the subject property and to exceed the maximum square
footage of 1,000,square feet permitted for all accessory structures on a property.
Existing on the property currently are a single-family home and four accessory buildings: a
437 square foot garage on the northern property line, a 400 square foot garage on the southern
property line, a 528 square foot boathouse adjacent to the river and a 256 square foot shed (see
attached survey). Three accessory buildings were existing at the time the fourth building, the
256 square foot shed, was constructed without a building permit. Total square footage of all
four accessory structures equals 1,621 square feet. Due to the construction and addition of a
new accessory structure variances are required to comply with the zoning ordinance.
Analysis. The applicant appeared before the Planning and Zoning Commission requesting four
variances and following the recommendation of denial by the Commission (5-2) the applicant
agreed to move the fourth newly constructed accessory building eliminating the need for two
of the four variances originally requested. If the request for four variances remained staff
would have recommended denial but the applicants have been cooperative throughout the
entire process and staff supports the two remaining variance requests. It should also be noted
regardless of whether a building permit was obtained or not the two remaining variances would
still be required to add an additional accessory structure of any size on the subject property. If
the City Council does not approve these two variances the homeowner would be required to
remove the shed from the property.
Recommendation. Staff recommends approval of the attached ordinance granting variances
for number of accessory structures and total square footage permitted for all accessory
structures to allow four accessory structures and 1,621 total square feet for all accessory
structures on the subject property. Due to the fact the Planning and Zoning Commission
recommended denial, however, and in accordance with Illinois state statutes, approval of two-
thirds of all aldermen or five positive votes is required to approve the two remaining minor
variances.
LOCATION MAP
- Subject Property
� e
1
i■�:Id k�s!••
frod(i•,
.,
u Q
I _ _
1717-
77Qz
'41 1 I.. � - .■ 1 1 ■. i I ■ � �
+
I ix
I: . .
r
Q
lot
14
- '�• mod. . .... -fit
frr pArcel 3 v PARCEL- p
c
pAR c C L Z
` -,g',r� p• �.� asp �K l _ --_.. _ _—r------
f /// is �T •' _ ,�.'
T'" Y•' f
3r Z*
' I t J
Rio. .r
�zr Qs ►.
m;f ,
a`'�� ; 1 t ? p.•entln ,wK .1.,.! 4.. . N.� ;
*` FAI : sv A.46 line aR 5.+A
CZ
i
( z:a
3 x 0 }
State of Illinois )
r dd )
�'l{ 5' r 4
g County of McHenry)
i
-
�, .r1 tine
We,Woodstock Lan,l Surveyor's,Inc.,P.C.,do hereby
state that we have cau?;ed the above described property �ti si
f
-. IIA� •F P,MAt �O ZS2'�
bgtnntny .�; to be surveyed accor&pg to the found artificial monument-
} tiv►s +�► frr Parcel atlon And that the plat hereon drawn is a correct Pflbl ES510�f�1
u��vo
representation of said..9-irvey. to Susvr-_Yt�s �n
Public Hearing: David and Barbara Kallay
File No. Z-752
600 Bally Road
Minor Variances
Chairman Howell called the Public Hearing to order at 7:31 p.m. regarding File No. Z-752, an
application for minor variances to allow construction of a shed on the property located at 600
Bally Road as submitted by David and Barbara Kallay. Said variances include:
1. Allowing more than two accessory structures on the subject property;
2. Exceeding the maximum square footage allowed for accessory structures on the subject
property;
3. Allowing an accessory structure to be located in the required side yard less than three
feet from the property line;
4. Allowing less than the minimum separation distance required between accessory
structures on the subject property.
Chairman Howell stated Notice of Public Hearing was published in the Northwest Herald on
February 12, 2010. Notices were mailed to all abutting property owners of record and the
property was posted in accordance with the Zoning Ordinance. Certificate of Publication and
Affidavit of posting and notification requirements is on file in the City Clerk's Office.
Chairman Howell swore in David and Barbara Kallay,property owners of the subject premises.
Mr. Kallay stated they moved into the subject property in 2005. At that time there were four
accessory structures on the site: a two-car garage, a one and one-half car garage, a boathouse,
and a shed. He stated he elected to tear down the shed and replace it last fall. He received
written notice from the City to cease construction and secure a building permit. Mr. Kallay
noted the shed is completed and is used to store various equipment and water-related items and
gear, i.e. wave runners,jet skis, etc. He stated they have three vehicles and use the garages to
store them. He further noted that his property is comprised of three plats and that the
appearance of four accessory structures is not unsightly due to the larger and average lot size.
He opined that the presence of four accessory structures on the property does not present an
eyesore for his neighborhood, particularly as his property is the second from the end of his
dead end street.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding
this request. He noted the applicant requires the granting of the four variances in order to keep
the new shed at its present location. If the applicant had applied for a building permit prior to
constructing the shed, he would have been advised that a variance would be required regarding
the amount of square footage of all accessory structures and the number of accessory
structures. The remaining two issues would have been avoided as the setback requirements
would have been noted on the permit. As the work was done without benefit of securing a
permit, the shed was situated in such a way to require the additional two variance requests.
Deputy City Administrator reviewed the request from the approval criteria for variances point
of view. Staff had a difficult time justifying the variance requests. It is therefore Staff s
recommendation to deny the request as the Approval Criteria for Variances found in Table 32
of the Zoning Ordinance have not been met.
Chairman Howell inquired as to the remedy if the request is denied by the City. Deputy City
Administrator Martin responded the applicant would either have to:
1. remove the building; or
2. move it to an acceptable location (meeting all required setbacks) and seek a variance to
allow four accessory structures on the site and to exceed the maximum allowable area
for all accessory structures on a premises.
Chairman Howell invited questions and comments from the Commission.
In response to an inquiry, Mr. Kallay stated he did not secure a building permit because he
figured he was just replacing an older structure. He noted the new shed is larger than the initial
building. The size of the newly constructed shed is 16' by 16', 256 square feet, which brings
the total area of accessory structures on the site to 1,621 square feet. Deputy City
Administrator Martin stated the ordinance allows for a maximum of two accessory structures
having a combined total of no more than 1,000 square feet in area on a lot.
When asked if he constructed the shed or had a contractor do the construction, Mr. Kallay
replied a contractor was hired to build the shed. Mr. Kallay stated the contractor did not
suggest he secure a building permit.
The Commission sought clarification that there were four accessory structures on the premises
when the Kallay's purchased the property in 2005. Mr. Kallay noted there were four accessory
structures at that time. Responding to an inquiry, Mr. Kallay stated he is before the
Commission tonight, because he was advised by the City that his shed was not allowed and that
he would be required to seek several variances in order to keep it on the property.
Chairman Howell inquired if the applicant could cite mitigating circumstances in that his
contractor did not obtain the required building permit. Deputy_City Administrator Martin
responded the ordinance clearly states it is the property owner's responsibility to ensure that a
building permit be obtained prior to having the work done.
Suggestion was made that the shed be moved so that it would be "attached to" the garage.
Deputy City Administrator Martin noted if the shed were connected to the garage, the
variances as to the number of structures and total area would still be needed.
In response to Chairman Howell's inquiry there were no comments or questions from members
of the audience.
Attorney Cahill noted if the commissioners make a motion to approve the request, the language
of the motion should include the reasons why the request is being supported in spite of Staff s
recommendation.
Motion by Nadeau, seconded by Morck, to recommend to City Council with regard to File No.
Z-752, a request for minor variances to allow:
1. Placement of more than two accessory structures on the subject property;
2. Exceeding the maximum square footage allowed for accessory structures on the subject
property;
3. An accessory structure to be located in the required side yard less than three feet from
the property line;
4. Less than the minimum separation distance required between accessory structures on
the subject property.
be approved, as there were already four existing accessory structures on the premises when it
was purchased by the applicant in 2005, and that allowing four accessory structures as shown
on the site plan would not present a major obstacle to residents in the area, and that, therefore,
Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has
been met.
Voting Aye: Morck,Nadeau.
Voting Nay: Buhrman,Ekstrom, Howell, Schepler, Thacker.
Not Voting: None.
Abstaining: None.
Absent: None. .
Motion failed 2-5.
Comments by Commission:
Commissioner Buhrman: The homeowner was negligent in following the City code. The City
has not made itself clear as to what would happen if the request is not approved. He stated he
cannot support the request for variances.
Deputy City Administrator Martin clarified if the request is not approved, the applicant would
be required to do one of two things:
1. remove the building; or
2. move it to an acceptable location (meeting all required setbacks) and seek a variance to
allow four accessory structures on the site and to exceed the maximum allowable area
for all accessory structures on a premises.
Commissioner Ekstrom: Expressed the same concerns as Commissioner Buhrman. The
applicant should have applied for a building permit prior to constructing the shed so that the
matter could be addressed prior to constructing the shed.
Chairman Howell: Acknowledged this is a difficult decision. He noted the new shed is not
aesthetically unpleasant and its placement would not be an inconvenience to the neighborhood.
However, the Commission needs to be careful about setting a precedent. It seems punitive, but
the bottom line is it would be wrong to set a precedent in this situation.
Commissioner Nadeau: Originally there were four accessory structures on the premises. At this
point, three have been grandfathered in but the homeowner is being penalized for replacing the
fourth one, even though he has improved the appearance of his property. It is for this reason
that he supports the request for variances.
Commissioner Schepler: The homeowner should have come in for a building permit. Any local
contractor should know that a building permit would be required for this type of project. This is
a code that is place for the good of the community and it should be followed.
Commissioner Thacker: Concurred with Chairman Howell and Commissioner Schepler. He
stated he has a hard time believing the applicant did not realize he had to obtain a building
permit for this project. If the Commission supports the variance requests it would set a
precedent and encourage others to do work without benefit of obtaining a building permit.
Attorney Cahill requested the Commission offer another motion which would result in making
a recommendation to Council.
Motion by Ekstrom, seconded by Schepler, to recommend to the City Council, with regard to
File No. Z-752, a request for minor variances to allow:
1. Placement of more than two accessory structures on the subject property;
2. Exceeding the maximum square footage allowed for accessory structures on the subject
property;
3. An accessory structure to be located in the required side yard less than three feet from
the property line;
4. Less than the minimum separation distance required between accessory structures on
the subject property.
be denied, and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning
Ordinance, has not been met.
Voting Aye: Buhrman, Ekstrom, Howell, Schepler, Thacker.
Voting Nay: Morck, Nadeau.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 5-2.
Chainnan Howell closed the Public Hearing at 7:55 p.m.
ORDINANCE NO.
AN ORDINANCE GRANTING VARIANCES FOR THE NUMBER AND TOTAL SQUARE
FOOTAGE PERMITTED FOR ACCESSORY STRUCTRUES FOR THE PROPERTY
LOCATED AT 500 BALLY ROAD IN THE CITY OF MCHENRY,MCHENRY COUNTY,
ILLINOIS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6,of the Constitution of the State of Illinois,and the passage of
this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the
Constitution of the State of Illinois; and
WHEREAS, a petition has been filed by David and Barbara Kallay for variances for the
number and total square footage permitted for accessory structures for the property legally described on
"Exhibit A",attached hereto and incorporated herein;the"SUBJECT PROPERTY";and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on March 4, 2010,in the manner prescribed by ordinance and statute; and
WHEREAS, the City Council has considered the evidence and recommendations from the
Planning and Zoning Commission and finds that the approval of the requested variances is consistent
with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety,
morals and general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY,MCHENRY COUNTY, ILLINOIS,AS FOLLOWS:
SECTION 1: That the SUBJECT PROPERTY be granted variances for number of accessory
structures and total square footage permitted for all accessory structures to allow four accessory
structures and 1,621 total square feet for all accessory structures on the subject property.
SECTION 2: In granting said Variances, the City Council finds that the requirements of Table
32 of the Zoning Ordinance have been met in that:
I. Special circumstances exist that are peculiar to the property for which the variance is
sought and that do not apply generally to other properties in the same zoning district.
And these circumstances are not of so general or recurrent a nature as to make it
reasonably practical to provide a general regulation to cover them.
2. The special circumstances referenced herein relate only to the physical character of the
land or building(s) for which the variance is sought, such as dimension, topography, or
soil conditions. They do not concern any business or activity the present or prospective
owner or tenant carries on, or seeks to carry on, therein, not to the personal, business,
or financial circumstances of such owner or tenant or any other party with interest in
the property.
3. The special circumstances that are the basis for the variance have not resulted from any
act of the applicant or of any other party with interest in the property.
4. The strict application of the provisions of the Zoning Ordinance would result in
unnecessary and undue hardship upon the applicant, as distinguished from a mere
inconvenience.
5. A Variance is necessary for the applicant to preserve and enjoy a substantial property
right possessed by other properties in the same zoning district and does not confer a
special privilege ordinarily denied to other properties in the district.
6. The granting of a Variance is necessary not because it will increase the applicant's
economic return, although it may have this effect,but because without the variance the
applicant will be deprived of any reasonable use or enjoyment of the property.
7. The granting of a Variance will not alter the essential character of the locality nor
substantially impair environmental quality, property values, or public safety or welfare
in the vicinity.
S. The granting of a Variance will be in harmony with the general purpose and intent of
the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of
any changed conditions since their adoption.
9. The Variance requested is the minimum required to provide the applicant with
reasonable use and enjoyment of the property.
SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof
are hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of
the corporate authorities of the City of McHenry,McHenry County,Illinois.
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 DAY OF ,2010
AYES: "
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS DAY OF , 2010
MAYOR
ATTEST:
CITY CLERK
Exhibit A
(Legal Description of the Subject Property)
Community Development Department Report File #Z-752
March 4, 2010
Applicants
David and Barbara Kallay
500 Bally Road
McHenry IL 60050
Requested Actions
Minor Variance to allow more than two accessory structures on the subject property;
Minor Variance to exceed the maximum square footage allowed for accessory structures on a property;
Minor Variance to allow an accessory structure to be located in the required side yard less than three feet from the
property line; and
Minor Variance from the allowable separation distance between accessory structures on a property.
Background
Existing on the subject property are a single-family home and four accessory buildings: a 437 square foot garage
on the northern property line, a 400 square foot garage on the southern property line,a 528 square foot boathouse
adjacent to the river and a 256 square foot shed (see attached survey). Three of these accessory buildings were
existing at the time the fourth building, the 256 square foot shed, was constructed without a building permit.
Total square footage of all four accessory structures equals 1,621 square feet. Due to the construction and
addition of a new accessory structure which is located immediately to the south of the garage on the northern
property line several minor variances are required to comply with the City's zoning ordinance.
Staff Analysis
In accordance with the zoning ordinance an accessory building which is less than 500 square feet is required to be
setback a minimum of ten feet from other principal and accessory buildings on the property and cannot protrude
into a required side yard. In addition, a maximum of two accessory structures totaling no more than 1,000 square
feet are permitted on a property.
The fourth newly constructed accessory building is located in the required side yard, less than six feet from the
property line (required side yard setback) and is setback less than ten feet from the accessory garage building
directly to the north. Variances for the number of accessory structures on a property and total square footage for
accessory structures permitted, however, would have been required even if the other two variances were
eliminated.
If the property owner had sought variances prior to constructing the fourth accessory building two of the four
variances currently being requested could have been avoided. Staff is of the opinion that no physical hardship
exists which justifies the granting of these four variances to allow a fourth accessory structure on the subject
property.
Staff Recommendation Prior to Public Hearing
Denial of all requested variances as presented in this staff report. Staff finds that the requirements in Table 32 of
the zoning ordinance have not been met.
Z-752
� � v
FORMA File Number �'`��'`
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
333 South Green Street o McHenry,IL 60050 o Tel:(815)363-2170 c Fax: (815)363-2173
1. Name of Applicant W�A t�A LL N g Tel 'g i z '
Address w5 . 4V\" (-4-Qr. j L rev t, O Fax `ii: 3L1k4 - (4t4%t1
2. Name of Property Owner Tel
(If other than Applicant)
Address Fax
3. Name of Engineer Tel
(If represented)
Address Fax
4. Name of Attorney Tel
(If represented)
Address Fax
5. Common Address or Location of Property t 00 L1 I�A. 1A C t A L SOD. l
6. Requested Action(s)(check all that apply)
Zoning Map Amendment(Rezoning) Zoning Variance-Minor
Conditional Use Permit _Zoning Text Amendment
—Zoning Variance _Other
Provide a brief description of the Requested Action(s). For example, the operation that requires a
Conditional Use Permit,the specific Zoning Variance needed, or the new zoning classification that is
requested:
�toX1�0 J�` ., a L4�� `? V�,ti.� (J��1 s� IA,.) KV-L
Li ANoV°ia S-rS 4-UZL
G AX`41 C :i 51 'f G/-) 41Pt t_
FORM A Page 1 of 3
7. Current Use of Property_ly S t £:j+ i /-\L
8. Current Zoning Classification of Property,Including Variances or Conditional Uses
1C
9. Current Zoning Classification and Land Use of Adjoining Properties
North:
South:
F.
East: 1i L
West: Fes-- I
10. Required Attachments(check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
1. Application Fee(amount)$
2. Narrative Description of Request
3. FORM A—Public Hearing Application
4. FORM B—Zoning Map Amendment.(Rezoning)Application
5. FORM C—Conditional Use Application
6. FORM D—Zoning Variance Application
7. FORM E—Use Variance Application
8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an
Affidavit
9. Plat of Survey with Legal Description
10. List of Owners of all Adjoining Properties
11. Public Hearing Notice
12. Sign(Provided by the City,to be posted by the Applicant)
13. Site Plan
14. Landscape Plan
15. Architectural Rendering of Building Elevations
16, Performance Standards Certification
17. Traffic Analysis
18. School Impact Analysis
FORM A Page 2 of 3
11. Disclosure of Interest
The party signing the application shall be considered the Applicant. The Applicant must be the owner
or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject
property or his or her agent or nominee.
Applicant is Not Owner
If the Applicant is not the owner of record of the subject property, the application shall disclose the
legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In
addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has
the authority from the owners(s)to make the application.
Applicant or Owner is Corporation or Partnership
If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a
corporation or partnership, the application shall disclose the name and address of the corporation's
officers, directors, and registered agents, or the partnership's general partners and those shareholders
or limited partners owning in excess of five percent of the outstanding stock or interest in the
corporation or interest shared by the limited partners.
Applicant or Owner is a land Trust
If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address,
telephone number, and extent of interest of each beneficiary shall be disclosed in the application.
12. Certification
I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this
property and that the proposed use or development described in this application shall comply with all
such codes.
I hereby request that a public hearing to consider this application be held before the Planning and
Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the
adoption of an ordinance(s) granting the requested action(s), including any modifications to this
application or conditions of approval recommended by the Zoning Board of Appeals or City Council.
Signature of Applicant(s)
Print Name and Designation of Applicant(s)
Uhrz,\J 1C L •/ oW N; z-
l —
FORM A Page 3 of 3
�uistructlon and
N aighborhocd Services
FFO D JAN i File Number 1�
ZONING VARIANCE
City of ;VICH(-nry
Planning and Zoning Commission
City of McHenry
333 South Green Street c McHenry,IL 60650 o Tel: (815)363-2170 o Fax: (815) 363-2173
Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or
conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City
Council written findings that all of the conditions listed below apply to the requested action.
Please respond to each of these conditions as it relates to your request.
1. Special Circumstances Not Found Elsewhere
Special circumstances exist that are particular to the property for which the variance is sought and
that do not apply generally to other properties in the same zoning district; and these circumstances
are not of so general or recurrent a nature as to make it reasonably practical to provide a general
regulation to cover them.
V•�� AQE S; H i ti(:� 0113 Lo+S Wsj `pain. o o £
+�E
r
CvMDLf
r
2. Circumstances Relate to Property Only
Since a variance will affect the character of its surroundings long after a property changes hands,the
special circumstances referenced herein relate only to the physical character of the land or building(s)
for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not
concern any business or activity the present or prospective owner or tenant carries on or seeks to
carry on therein, or to the personal, business or financial circumstances of such owner or tenant or
any other party with interest in the property.
.``,��iJ� j� S t�,c���r 1_os? S�-u�au c . o� ��}�^.�, J�ti.�• LiI�11. �n rr,�vF Ens ,�L�
1)VZL-+�/
FORM D Page 1 of 3
3. Not Resultine from Applicant Action
The special circumstances that are the basis for a variance have not resulted from any act of the
applicant or of any other party with interest in the property.
�Ow+Jc
4. Unnecessary Hardship
The strict application of the provisions of the Zoning Ordinance would result in unnecessary and
undue hardship upon the applicant,as distinguished from a mere inconvenience.
GPTIA�11 AA-d1 l; C,N +-J-1 �11lt11P 0c3 Nt '—
OF a�."t 1 LTS,ti,i �a t S uS r v A
5. Preserves Rights Conferred by District
A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed
by other properties in the same zoning district, and does not confer a special privilege ordinarily
denied to other properties in the district.
C--�-6 r^ A Nil S i-bJ)A
6. Necessary for Use of Property
The granting of a variance is necessary not because it will increase the applicant's economic return,
although it may have this effect, but because without a variance the applicant will be deprived of any
reasonable use or enjoyment of the property.
A(,m,;ti, ivy J uS i /%A 4n m S i,2uc--,R L Fat S fui�4G i_..
FORM D Page 2 of 3
7. Not Alter Local Character
The granting of a variance will not alter the essential character of the locality nor substantially impair
environmental quality, property values,or public safety or welfare in the vicinity.
W bw + �.� t ti�4 C t You SJZ+-.I U kvi �u k�.� i mfi EAr'At L rWZ CA_
t,DL A(?�- OF �Rv +EC+� ,w 1'!z,��nk-1 U�Ltt�S
c
a ti +� • , l ►S s� ; s rom 1)aS2 P i r
8. Consistent with Zoninz Ordinance and Comprehensive Plan
The granting of the variance will be in harmony with the general purpose and intent of the Zoning
Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since
their adoption. 1
o(,"A, 1-.4 aAv OF oulz PIw PUz+�-/ �. S
St c k,,aZ i i c)F tiu C INN S ,..0 c,-�,c L o
9. Minimum Variance Required
The variance requested is the minimum required to provide the applicant with reasonable use and
enjoyment of the property. 1
�ES. �f"S �U2 P, c.u�C�. l�a�Lt- d� f�r�ac�-�v� S ,V4 4,,t
Cc,M ��El-�,�� (-�', �.A �.1 �R.un� l�-i c�y�5 ' 11;�c•.�
u
FORM D Page 3 of 3
.t< t 1
- 3
b V �► q
14 :o t
b`t
far Vlrcal SIS
'PARCEL Z
be lnn+n.� sa _ i �. �0
Q.i
�
Pa al is �s•Virt li
I :3
�r
J M1 L 'C Ta 0
4. ut
un1rj s
V '• '
r,50#rL
OU
rd
" ' 1 sww�e vqM a4w� dr i sf.1► t Pa4I11
•q3 �
14, o' '. use
y YS- 4b F� o1 p,rr ,i, r rir isl 11� i
5tutc of Illinois
8 ) ss.
b►, 1 V,G County of McHenry)
we, Woodstock I,r>,H t Surveyorm Inc, P.0.d herhy i
l:nc f Pai � .F
S atntc thnt�wc hnv�w lu,�c�t11 vt, , ► ►.
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Douglas Maxeiner, City Administrator
FOR: July 12, 2010, Regular City Council Meeting
RE: Lease Agreement with Trey & Tom Corp, d/b/a Main Street Station
4005 West Main Street
RECOMMENDATION: Staff recommends approval of the attached agreement with
Trey and Tom Corp. for the term of one-year beginning September 1, 2010, with
an option to renew for an additional year. The monthly lease payment would
remain at $950 for both years and subject to the terms and conditions of the city's
lease with Union Pacific Railroad.
Attached is a new agreement with Trey Covalt, President of Trey & Tom Corp. for
lease of the Main Street Station building located at 4005 West Main Street. Trey
Covalt is the owner/operator of the Main Street Station restaurant and sublets a
portion of the building that the city leases from Union Pacific Railroad.
The current lease with Mr. Covalt expires on August 31 , 2010. The new lease
agreement is for a one-year term beginning September 1 , 2010, with an option to
renew for an additional year.
The Council may recall that in 2008, Metra proposed to make a few modifications
to the building and suggested that the city limit the term of future leases.
Although Metra did confirm that the project should not affect the portion of the
building currently leased to Mr. Covalt, they have not disclosed the exact nature of
the modifications or when they will be made. Mr. Covalt is aware of Metra's
intentions and is agreeable to the terms of the lease as presented.
BEGINNING TERM OF LEASE
The term of the lease shall be dictated by the
lease agreement between Union Pacific Railroad
September 1, 2010 Company and the City of McHenry dated
November 1,2000
MONTHLY RENT
SEE ATTACHED EXHIBITS A and B
Space for Recorder's Use Only
LOCATION OF PREMISES
4005 WEST MAIN STREET
MCHENRY,ILLINOIS 60050
PURPOSE
To conduct a restaurant and
dram shop operation thereon.
LESSEE LESSOR
Trey & Tom Corp., d/b/a City of McHenry
Main Street Station 333 S. Green Street
4005 W. Main Street McHenry, Illinois 60050
McHenry, Illinois 60050
In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and Lessee hereby leases
from Lessor solely for the above purpose the premises designated above (the "Premises"), together with the appurtenances thereto,
for the above Term.
LEASE COVENANTS AND AGREEMENTS
1. RENT. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above, monthly in advance, until
termination of this lease,at Lessor's address stated above or such other address as Lessor may designate in writing.
2. WATER,GAS AND ELECTRIC CHARGES. Lessee will pay, in addition to the rent above specified,all water rents, gas and
electric light and power bills taxed, levied or charged on the Premises, for and during the time for which this lease is granted and in
case said water rents and bills for gas, electric light and power shall not be paid when due,Lessor shall have the right to pay the
same, which amounts so paid, together with any sums paid by Lessor to keep the Premises in a clean and healthy condition, as
herein specified, are declared to be so much additional rent and payable with the installment of rent next due thereafter.
3. SUBLETTING;ASSIGNMENT. The Premises shall not be sublet in whole or in part to any person other than Lessee, and
Lessee shall not assign this lease without,in each case,the consent in writing of Lessor first had and obtained;nor permit to take
place by any act or default of himself or any person within his control any transfer by operation of law of Lessee's interest created
her nor offer for lease or sublease the Premises,nor any portion thereof,by placing notices or signs of"To Let,"or any other
similar sign or notice in any place, nor by advertising the same in any newspaper or place or manner whatsoever without,in each
case, the consent in writing of Lessor first had and obtained. If Lessee, or any one or more of the Lessees, if there be more than
one,shall make an assignment for the benefit of creditors,or shall be adjudged a bankrupt,Lessor may terminate this lease,and in
such event Lessee shall at once pay Lessor a sum of money equal to the entire amount of rent reserved by this lease for the then
unexpired portion of the term hereby created, as liquidated damages.
4. LESSEE NOT TO MISUSE. Lessee will not permit any unlawful or immoral practice, with or without his knowledge or
consent,to be committed or carved on in the Premises by himself or by any other person.Lessee will not allow the Premises to be
used for any purpose that will increase the rate of insurance thereon, nor for any purpose other than that hereinbefore specified.
Lessee will not keep or use or permit to be kept or used in or on the Premises or any place contiguous thereto any flammable fluids
or explosives, without the written permission of Lessor first had and obtained. Lessee will not load floors beyond the floor load
rating prescribed by applicable municipal ordinances. Lessee will not use or allow the use of the Premises for any purpose
whatsoever that will injure the reputation of the Premises or of the building of which they area part
5. CONDITION ON POSSESSION. Lessee has examined and knows the condition of the Premises and has received the same
in good order and repair, and acknowledges that no representations as to the condition and repair thereof, and no agreements or
promises to decorate,alter, repair or improve the Premises,have been made by Lessor or his agent prior-to or at the execution of
this lease that are not herein expressed.
6. REPAIRS AND MAINTENANCE.Lessee shall keep the Premises and appurtenances thereto in a clean, sightly and healthy
condition,and in good repair, all according to the statutes and ordinances in such cases made and provided,and the directions of
public officers thereunto duly authorized,all at his own expense,and shall yield the same back to Lessor upon the termination of
this lease,whether such termination shall occur by expiration of the term,or in any other manner whatsoever,in the same condition
of cleanliness, repair and sightliness as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted.
Lessee shall make all necessary repairs and renewals upon Premises and replace broken globes,glass and fixtures with material of
the same size and quality as that broken and shall insure all glass in windows and doors of the Premises at his own expense.
If, however,the Premises shall not thus be kept in good repair and in a clean,sightly and healthy condition by Lessee,as aforesaid,
Lessor may enter the same, himself or by his agents, servants or employees, without such entering causing or constituting a
termination of this leans or an interference with the possession of the Premises by Lessee, and Lessor may replace the same in the
same condition of repair, sightliness, healthiness and cleanliness as existed at the date of execution hereof, and Lessee agrees to
pay Lessor, in addition to the rent hereby reserved,the expenses of Lessor in thus replacing the Premises in that condition.Lessee
shall not cause or permit any waste, misuse or neglect of the water, or of the water,gas or electric fixtures. **
7. ACCESS TO PREWSES.Lessee shall allow Lessor or any person authorized by Lessor free access to the Premises for the
purpose of examining or exhibiting the same, or to make any repairs or alterations thereof which Lessor may see fit to make, and
Lessee will allow Lessor to have placed upon the Premises at all times notices of "For Sale" and "For Rent", and Lessee will
not interfere with the same.
8. NON-LIABILITY OF LESSOR.Except as provided by Illinois statute,Lessor shall not be liable to Lessee for any damage or
injury to him or his property occasioned by the failure of Lessor to keep the Premises in repair,and shall not be liable for any injury
done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes
or steam pipes,or from broken stairs,porches,railings or walks,or from the backing up of any sewer pipe or down-spout, or from
the bursting,leaking or running of any tank,tub,washstand,water closet or waste pipe,drain,or any other pipe or tank in, upon or
-- a ou a Premises or the building of which they area part nor from the escape of steam or hot water from any radiatAr, it being -----
agreed that said radiators are under the control of Lessee,nor for any such damage or injury occasioned by water, snow or ice being
upon or coming through the roof, skylight,trap-door,stairs,walks or any other place upon or near the Premises, or otherwise,nor
for any such damage or injury done or occasioned by the falling of any fixture, plaster or stucco, nor for any damage or injury
arising from any act, omission or negligence of co-tenants or of other persons,occupants of the same building or of adjoining or
contiguous buildings or of owners of adjacent or contiguous property, or of Lessor's agents or Lessor himself, all claims for any
such damage or injury being hereby expressly waived by Lessee.
Page 2 See Attached Exhibit B No. 9-REC
providing specific obligations_
9. RESTRICTIONS(SIGNS,ALTERATIONS,FIXTURES).Lessee shall not attach, affix or exhibit or permit to be attached,
affixed or exhibited,except by Lessor or his agent,any articles of permanent character or any sign,attached or detached,with any
writing or printing thereon, to any window, floor, ceiling, door or wall in any place in or about the Premises, or upon any of the
appurtenances thereto,without in each case the written consent of Lessor first had and obtained;and shall not commit or suffer any
waste in or.about said premises; and shall make no changes or alterations in the Premises by the erection of partitions or the
papering of walls,or otherwise, without the consent in writing of Lessor, and in case Lessee shall affix additional locks or bolts on
doors or window,or shall place in the Premises lighting fixtures or any fixtures of any kind,without the consent of Lessor first had
and obtained, such locks,bolts and fixtures shall remain for the benefit of Lessor,and without expense of removal or maintenance
to Lessor.Lessor shall have the privilege of retaining the same if he desires.If he does not desire to retain the same,he may remove
and store the same,and Lessee agrees to pay the expense of removal and storage thereof.The provisions of this paragraph shall not
however apply to Lessee's trade fixtures,equipment and movable furniture.
10. HEAT.Where building is equipped for the purpose,Lessor shall furnish to Lessee a reasonable amount of heat,from October
1st to May 1st, whenever in Lessor's judgment necessary for comfortable use of the Premises, during customary business hours
(excluding Sundays and holidays),but not earlier than 8 a.m.nor later than 6 p.m.unless specifically stated herein.Lessor does not
warrant that heating service will be free from interruptions caused by strike, accident or other cause beyond the reasonable control
of Lessor, or by renewal or repair of the heating apparatus in the building.Any such interruption shall not be deemed an eviction
or disturbance of Lessee's use and possession of Premises,nor render Lessor liable to Lessee in damages.All claims against Lessor
for injury or damage arising from failure to furnish heat are hereby expressly waived by Lessee.
11. FIRE AND CASUALTY.In case the Premises shall be rendered untenantable by fire,explosion or other casualty,Lessor may,
at his option,terminate this lease or repair the Premises within sixty days.If Lessor does not repair the Premises within said time,
or the building containing the Premises shall have been wholly destroyed,the term hereby created shall cease and-terminate.
12. TERMINATION;HOLDING OVER.At the termination of the term of this lease,by Iapse of time or otherwise,Lessee will
yield up immediate possession of the Premises to Lessor,in good condition and repair,loss by fire and ordinary wear excepted,and
will return the keys therefor to Lessor at the place of payment of rent. If Lessee retains possession of the Premises or any part
thereof after the termination of the term by lapse of time or otherwise, then Lessor may at its option within thirty days after
termination of the term serve written notice upon Lessee that such holding over constitutes either(a)renewal of this lease for one
year, and from year to year thereafter,at double the rental (computed on an annual basis) specified in Section 1, or(b)creation of
a month to month tenancy, upon the terms of this lease except at double the monthl re specified in Section 1, or(c) creation
of a tenancy at sufferance, at a rental of $, 950.00 dollars per r m n
p _ , or t a time Lessee remains in possession.If
no such written notice is served then a tenancy at sufferance with rental as stated at(c) shall have been created.Lessee shall also
pay to Lessor all damages sustained by Lessor resulting from retention of possession by Lessee.The provisions of this paragraph
shall not constitute a waiver by Lessor of any right of re-entry as hereinafter set forth;nor shall receipt of any rent or any other act
in apparent affirmance of tenancy operate as a waiver of the right to terminate this lease for a breach of any of the covenants herein.
13. LESSOR'S REMEDIES.If Lessee shall vacate or abandon the Premises or permit the same to remain vacant or unoccupied
for a period of ten days, or'in case of the non-payment of the rent reserved hereby, or any part thereof, or of the breach of any
covenant in this lease contained. Lessee's right to the possession of the Premises thereupon shall terminate with or(to the extent
perinitted by law) without any notice or demand whatsoever, and the mere retention of possession thereafter by Lessee shall
constitute a forcible detainer of the Premises; and if the Lessor so elects, but not otherwise, and with or without notice of such
election or any notice or demand whatsoever, this lease shall thereupon terminate, and upon the termination or Lessee's right of
possession, as aforesaid, whether this lease be terminated or not, Lessee agrees to surrender possession of the Premises
immediately,without the receipt of any demand for rent,notice to quit or demand for possession of the Premises whatsoever, and
hereby grants to Lessor full and free license to enter into and upon the Premises or any part thereof,to take possession thereof with
or(to the extent permitted by law) without process of law, and to expel and to remove Lessee or any other person who may be
occupying the Premises or any part thereof, and Lessor may use such force in and about expelling and removing Lessee and other
_ persons as may reasonably be necessary, and Lessor may re-possess himself of the Premises as of his former estate,but such entry _
of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue
thereof, nor a waiver of any covenant, agreement or promise in this lease contained, to be performed by Lessee. Lessee hereby
waives all notice of any election made by Lessor hereunder, demand for rent, notice to quit, demand for possession, and any and
all notices and demand whatsoever, of any and every nature, which may or shall be required by any statute of this state relating to
forcible entry and detainer, or to landlord and tenant, or any other statute, or by the common law, during the term of this lease or
any extension thereof.The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of
Page 3 No. 9-REC
any breach hereof by Lessee,or the giving or making of any notice or demand,whether-according to any statutory provision or not,
or any act or series of acts except an express written waiver, shall not be construed as a waiver of Lessor's rights to act without
notice or demand or of any other right hereby given Lessor, or as an election not to proceed under the provisions of this lease.
14. RIGHT TO RELET. If Lessee's right to the possession of the Premises shall be terminated in any way,the Premises, or any
part thereof,may,but need not(except as provided by Illinois statute),be relet by Lessor,for the account and benefit of Lessee,for
such rent and upon such terms and to such person or persons and for such period or periods as may seem fit to the Lessor,but Lessor
shall not be required to accept or receive any tenant offered by Lessee, nor to do any act whatsoever or exercise any diligence
whatsoever,in or about the procuring of any care or diligence by Lessor in the reletting thereof; and if a sufficient sum shall not be
received from such reletting to satisfy the rent hereby reserved, after paying the expenses of reletting and collection, including
commissions to agents, and including also expenses of redecorating. Lessee agrees to pay and satisfy all deficiency; but the
acceptance of a tenant by Lessor, in place of Lessee, shall not operate as a cancellation hereof, nor to release Lessee from the
performance of any covenant,promise or agreement herein contained, and performance by any substituted tenant by the payment
of rent,.or otherwise, shall constitute only satisfaction pro tanto of the obligations of Lessee arising hereunder.
15. COSTS AND FEES. Lessee shall pay upon demand all Lessor's costs, charges and expenses, including fees of attorneys,
agents and others retained by Lessor, incurred in enforcing any of the obligations of Lessee under this lease or in any litigation,
negotiation or transaction in which Lessor shall, without Lessor's fault,become involved through or on account of this lease.
16. CONFESSION OF JUDGMENT.Lessee hereby irrevocably constitutes and appoints any attorney of any court of record in -
this State,to be his true and lawful attorney for him and in his name and stead,to enter his appearance in any suit or suits that may
be brought in any court in this State at any time when any money is due hereunder for rent or otherwise, to waive the issuing of
process and service thereof and trial by jury or otherwise,and to confess a judgment or judgments for such money so due and for
costs of suit and for reasonable attorney's fees in favor of Lessor, and to release all errors that may occur or intervene in such- -
proceedings,including the issuance of execution upon any such judgment, and to stipulate that no writ of error or appeal shall be'
prosecuted from such judgment or judgments,nor any bill in equity filed,nor any proceedings of any kind taken in law or equity
to interfere in any way with the operation of such judgment or judgments or of execution issued thereon and to consent that
execution may immediately issue thereon.
17. LESSOR'S LIEN. Lessor shall have a first lien upon the interest of Lessee under this lease, to secure the payment of all
moneys due under_this lease, which lien may be foreclosed in equity at any time when money is overdue under this lease;and the
Lessor shall be entitled to name a receiver of said leasehold interest,to be appointed in any such foreclosure proceeding,who shall
take possession of said premises and who may relet the same under the orders of the court appointing him.
18. REMOVAL OF OTHER LIENS.In event any lien upon Lessor's title results from any act or neglect of Lessee, and Lessee
fails to remove said lien within ten days after Lessor's notice to do so,Lessor may remove the lien by paying the full amount thereof
or otherwise and without any investigation or contest of the validity thereof,and Lessee shall pay Lessor upon request the amount
paid out by Lessor in such behalf,including Lessor's costs, expenses and counsel fees.
19. REMEDIES NOT EXCLUSIVE. The obligation of Lessee to pay the-rent reserved hereby during the balance of the term
hereof, or during any extension hereof, shall not be deemed to be waived,released or terminated,nor shall the right and power to
confess judgment given in paragraph 16 hereof be deemed to be waived or terminated by the service of any five-day notice,other
notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named,
the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action,
or any other act or acts resulting in the termination of Lessee's right to possession of the Premises. The Lessor may collect and
receive any rent due from Lessee, and payment or receipt thereof shall not waive or affect any such notice, demand, suit or
judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Lessor may have by
virtue hereof.
20. NOTICES.Notices may be served on either party, at the respective addresses given at the beginning of this lease, either(a)
by delivering or causing to be delivered a written copy thereof,or(b)by sending a written copy thereof by United States certified
or registered mail, postage prepaid, addressed to Lessor or Lessee at said respective addresses in which event the notice shall be
deemed to.have been served at the time the copy is mailed.
21. MISCELLANEOUS. (a)Provisions typed on this lease and all riders attached to this lease and signed by Lessor and Lessee
are hereby made a part of this lease.
(b) Lessee shall keep and observe such reasonable rules and regulations now or hereafter required by Lessor, which may be
necessary for the proper and orderly care of the building of which the Premises are a part.
Page 4 No. 9-REC
(c) All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the
benefit of Lessor and Lessee and their respective heirs, legal representatives, successors and assigns.
(d)The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to exclude or waive the
right to the use of another.
(e) The words "Lessor" and "Lessee" wherever used in this lease shall be construed to mean Lessors or Lessees in all cases
where there is more than one Lessor or Lessee, and to apply to individuals, male or female, or to firms or corporations, as the
same may be described as Lessor or Lessee herein, and the necessary, grammatical changes shall be assumed in each case as
though fully expressed. If there is more than one Lessee the warrant of attorney in paragraph 16 is given jointly and severally
and shall authorize the entry of appearance of, and waiver of issuance of process and trial by jury by, and confession of
judgment against any one or more of such Lessees, and shall authorize the performance of every other act in the name of and on
behalf of any one or more of such Lessees.
22. SEVERABILITY. If any clause, phrase, provision or portion of this lease or the application thereof to any person or
circumstance shall be invalid, or unenforceable under applicable law, such event shall not affect, impair or render invalid or
unenforceable the remainder of this lease nor any other clause, phrase, provision or portion hereof, nor shall it affect the
application of any clause, phrase,provision or portion hereof to other persons or circumstances.
23-30 See attached Exhibit A.
WITNESS the hands and seals of the parties hereto, as of the Date of Lease stated above.
LESSEE: LESSOR:
(SEAL) (SEAL)
Trey Covalt Susan E. Low,Mayor
(SEAL) (SEAL)
Page 5
EXHIBIT "A"
RIDER TO LEASE AGREEMENT
September 1,2010
SUBJECT TO 23. This lease shall be subject to the terms and conditions of the Lease Agreement
LESSOR'S LEASE between Union Pacific Railroad Company ("Union Pacific"), as Lessor, and
WITH UNION City of McHenry, as Lessee, dated November 1, 2000, a copy of which is
PACIFIC RAILROAD, attached hereto, incorporated herein by reference and made a part hereof as
COMPANY though set forth herein in full ("Underlying Lease"). Lessee shall comply with
each of the covenants to which the City of McHenry is bound by the Underlying
Lease.
DRAM SHOP 24. Subject to Lessee's compliance with the laws of the State of Illinois and the
Ordinances of the City of McHenry pertaining to dram shops, and the terms of
this Lease, alcoholic beverages may be sold at retail in the Premises.
INSURANCE 25. Liability Insurance.
A. Lessee shall obtain and maintain with carriers acceptable to the Lessor,
not less than the insurance coverages set forth below, which coverages
shall be primary as to any other valid and collectible insurance or self
insurance which may be available to the Lessor:
1. workers compensation and employers liability coverage in accordance
with statutory requirements of the state having jurisdiction over the
employee, and having an employers liability limit of no less than one
million dollars ($1,000,000) for each occurrence; and
2. commercial general liability coverage with at least limits of one
million dollars ($1,000,000) per each occurrence, and two million
dollars ($2,000,000) in the aggregate, which includes coverage for
liability arising out of operations performed by or on the Premises,
specifically including coverage for premises liability, broad form
contractual liabilities, insuring any and all contemplated operations
and for any related exposure at the Premises.
3. business automobile liability coverage, including all motor vehicles,
including equipment used in connection with operation or
maintenance of any business or enterprise at the Premises, and
4. liquor liability coverage, including liability under Section 6-21 of Act
5 of Chapter 735 of the Illinois Compiled Statues, commonly known
Exhibit A, Page 1
as the "Dram Shop Act," and all laws amendatory thereof, having a
liability limit of one million dollars ($1,000,000) per occurrence and in
the aggregate.
B. Lessee's insurers shall agree to waive all rights of subrogation against
the Lessor for losses arising from the Lessee's operations.
C. Lessee shall furnish the Lessor with certificates of insurance naming
the Lessor and Union Pacific as additional insured, and with original
endorsements affecting coverage required by this clause. The
certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its
behalf.
D. Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled, reduced in
coverage or in limits except after thirty (30) days prior written notice
by certified mail return receipt requested, has been given to the Lessor
and Union Pacific.
26. Property Damage to the Premises. Lessor shall at Lessee's sole expense
and at all times during the term hereof, maintain fire, wind, storm and
extended coverage, vandalism, malicious mischief—broad form, in not less
than the replacement value of the building, as specified by Union Pacific
from time to time as required in the Underlying Lease. Upon execution of
this Lease Agreement, and thereafter upon request, Lessee shall furnish
Lessor with copies of each of said policies.
ASSUMPTION 27. The Lessee assumes liability for all injury to or death of any person or
OF LIABILITY person including employees of the Lessee, any sub-Lessee, any supplier or
any other person and assumes liability for all damage to property sustained
by any person.
INDEMNIFICATION 28. To the fullest extent permitted by law, the Lessee hereby agrees to defend,
indemnify and hold harmless the Lessor and Union Pacific against all
injuries, deaths, loss, damages, claims, suits, liabilities, judgments, costs
and expense, which may in any way accrue against the Lessor and Union
Pacific, and the Lessee shall, at its own expense, appear, defend and pay all
charges and attorneys and all costs and other expenses arising therefore or
incurred in connection with this license, and, if any judgment shall be
rendered against the Lessor and/or Union Pacific, the Lessee shall, at its
own expense satisfy and discharge the same.
NOTICE AND 29. All notices herein required shall be in writing and shall be served on the
RENT parties at their following addresses, or at such other addresses as they may
PAYMENTS hereafter from time to time in writing to the other party designate:
Exhibit A,Page 2
City Administrator
333 S. Green Street
McHenry, Illinois 60050
Trey& Tom Corp. d/b/a/Main
Street Station
4005 W. Main Street
McHenry, Illinois 60050
The mailing of a notice by certified mail, return receipt requested, to the
aforesaid addresses, or the actual delivery of notices thereto in any other
manner, shall be sufficient service for purposes of this Lease. Lessee
shall mail rent to Lessor at Lessor's aforesaid address, or at such other
address as Lessor may from time to time designate.
TERM AND RENT 30. Lessee shall pay Lessor or Lessor's agent the sum of$950.00 per month for a
term of one (1) year commencing on September 1, 2010, and terminating
August 31, 2011, or sooner as provided herein with an option to renew upon
mutual agreement by both parties for an additional period of one-year,
and subject to the terms and conditions of the Lease Agreement between
Union Pacific as Lessor, and City of McHenry, as Lessee, dated
November 1,2000.
Exhibit A, Page 3
EXHIBIT "B"
Lessee shall be responsible for the following maintenance obligations:
1. All expenses relating to maintenance and repairs to the building on the Premises
relating to ordinary wear and tear items such as keeping the building in good condition and the
HVAC system in good operating condition.
2. Except for sewer and water service line repair expense, with respect to any repair
expenses relating to the building on the Premises, in excess of$2,500, the Lessee shall pay up to
$2,500 for each occurrence and the Lessor shall pay all repair expenses in excess thereof. With
regard to repair expenses and damages relating to sewer and water service line expenses,
including damage from backups, the Lessee shall pay up to $500 for each occurrence and the
Lessor shall pay all repair expenses in excess thereof.
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Deputy City Administrator Martin
FOR: July 12, 2010 Regular City Council Meeting
RE: Amendment to the City's Municipal Code regarding Tobacco Regulations
ATTACHMENTS: 1. Letter from Kevin Chrzanowski,Zukowski, Rogers,Flood&
McArdle
2. Existing tobacco regulations
3. Proposed revised tobacco regulations
Background. Attached is a letter from Kevin Chrzanowski, an attorney at David M.cArdle's
office, regarding tobacco regulations. Recently, the state statute regarding tobacco regulation
was amended and attached is a revised ordinance reflecting those amendments. Also attached is
the existing ordinance.
Staff Analysis. The amended tobacco regulations will replace the existing regulations and the
proposed ordinance reflects the updates to the state statute regarding this issue and is much more
detailed than the current ordinance. In the updated ordinance the definitions have been expanded
and the regulations are more restrictive and detailed.
Recommendation. Approval of the attached ordinance amending Sections 14-37-14-44
Tobacco Regulations of the City of McHenry Municipal Code.
LAW OFFICES
ZUKOWSKI,ROGERS,FLOOD &MCARDLE
50 VIRGINIA STREET
CRYSTAL LAKE,ILLINOIS 60014
KEVIN A. CHARZANOWSKI (815)459-2050
kcharzanowski@zrfinlaw.com Facsimile(815)459-9057
www.zrfmlaw.com
June 30,2010
Via E-Mail
Administrator Doug Maxeiner
McHENRY CITY HALL
333 S. Green Street
McHenry IL 60050
RE: Tobacco Regulations
Dear Doug:
There have been changes to the state statute regalating tobacco. Consequently,we have
prepared an ordinance amending the Municipal Code of the City of McHenry to bring your
tobacco regulations in line with the statute.
If you have any questions or concerns with respect to this matter,please contact me.
Very truly yours,
Kevin A. Chrzanowski
KC:ph
Attachment
Copy to:David W.McArdle
Z.WWcHenryCityof fLMaxeiner.Tobacco.doc
12/09
(C) It shall be unlawful for any person within the City to knowingly use,display or wear colors, emblems or
insignia on or about their person in public for the purpose of promoting any street gang activity.
(D) It shall be unlawful for any person within the City to knowingly do or make any act, utterance, gesture
or display for the purpose of communicating membership of, affiliation with, association with, support
of, identification with, sympathy toward or affront or insult toward any street gang, or with actual
knowledge that the subject act, utterance, gesture or display is used and recognized as communicative of
street gang membership, affiliation, association, support, identification, sympathy or affront.
(E) Penalty. Any person violating this Section 14-35 shall be fined not less than $400 for each offense and
be responsible for the City's cost of prosecution including attorney fees incurred by the City. Each day
that a violation continues shall be considered a separate offense.
Sec. 14-36. Alcoholic beverages. (MC-94-621)
(A) Intoxicating liquors. Any officer having personal knowledge or reasonable information that intoxicating
liquors are being kept in violation of law in any place, shall search such suspected place, and if such
officer or person finds upon the premises intoxicating liquors he shall seize the same, together with the
vessels in which they are contained, and all implements and furniture used in connection with such
liquors in the illegal keeping, bargaining, selling, exchanging, giving away or carrying the same, and any
wagon, automobile, vehicle, contrivance, thing or device used in conveying said liquors or kept for the
purpose of violating this ordinance, and shall arrest any person or persons in charge of such place, or
aiding in any manner in carrying on the business conducted in such place.
(B) Public property. Except as provided in Section 16-28 of this Code, consumption or possession of any
alcoholic liquors, including beer and wine, at anytime in any public park, street, alley or public place
owned, controlled or operated by the City is prohibited. (MC-94-629)
(C) Penalty. Any person violating this section shall be fined not less than $400 for each offense and be
responsible for the City's costs of prosecution including attorney fees incurred by the City. Each day
that a violation continues shall be considered a separate offense.
Sec. 14-37- 14-44. Tobacco Regulations (MC-98-705).
(A) For the purposes of this Section 14-37, "tobacco products" shall mean any substance containing tobacco
leaf, including, but not limited to, cigarettes, cigarette tobacco, snuff, chewing tobacco, or dipping
tobacco.
(] ) Tobacco Use and Possession by Persons under 18 years.
(1) No person under the age of 18 years shall purchase, accept, possess, or consume tobacco products.
(2) No person shall buy for, distribute samples of, or furnish tobacco products to any person under the
age of 18 years.
(3).Nothing herein shall prohibit the possession or use of tobacco products by a minor in his home,
under the direct supervision of his or her parent or guardian.
(C) Sales and Distribution of Tobacco Products
(1) Furnishing Tobacco: No person, firm, or corporation shall sell or offer for sale at retail, distribute
samples of, or furnish tobacco products to any person under the age of 18, or to engage, employ or
permit any person under 18 years of age to sell tobacco products.
(2) Annual License Required: It shall be unlawful to sell or offer for sale at retail, to give away, deliver,
or keep with the intention of selling at retail, giving away or delivering tobacco products within the
city without having first obtained a tobacco dealer's license. Such license shall be in addition to any
other license required by the Municipal Code of the City of McHenry.
434
12/09
Applications for licenses shall be made in writing to the City of McHenry. Such application shall
contain the name of the applicant, the address at which such sales are to be made, and in the case of
cigarette vending machines, the number of machines for which licenses are to be issued and are
located within the building or structure.
Any person, firm, or corporation seeking a tobacco dealer's license shall attend a Vendor Education
Program administered by the City. The purpose of the Vendor Education Program shall be to inform
tobacco vendors or their authorized representatives of all federal, state and local regulations
governing the sale of tobacco and, to review fines and penalties associated with violating the
provisions of this Section.
(3) License Fee: The annual fee for a license as herein required shall be fixed at $25 annually. The
license fee shall be payable to the City of McHenry on or before May 1 each year.
(4) Personal Nature of Licenses: Expiration: A license shall be a purely personal privilege, good for the
license period which shall expire on April 30 next following the date of issuance, unless revoked.
No such license shall be transferable. Any licensee may renew his license at the expiration thereof.
(5) Responsibilily for Agents and Employ. Any act or omission constituting a violation of any
provision of this Section by any officer, director, manager, or other agent or employee of any
licensee shall be deemed and held to be the act of such licensee; and such licensee shall be
punishable in the same manner as if such act or omission has been done or omitted by the licensee
personally.
(6) Availability: No person, firm, or corporation shall sell or distribute individual cigarettes, or samples
of cigarettes, except in its original packaging, and no package shall contain less than 20 cigarettes.
Except as specified below for vending machines, tobacco products shall be sold only in a direct,
face-to-face exchange. Self-service displays shall not be permitted except in areas where access by
persons under the age of 18 is prohibited.
(7) Vending Machines—Locking Devices: It shall be unlawful for any licensee to sell or offer for sale,
give away, deliver or to keep with the intention of selling, giving away or delivering tobacco
products by use of vending machine, unless such vending machine is equipped with a manual,
electric or electronic locking device controlled by the licensee so as to prevent its operation by
persons under the age of 18 years.
(8).Sig_ns: Signs informing the public of the age restrictions provided for herein shall be posted by every
licensee at or near every display of tobacco products and on or upon every vending machine which
offers tobacco products for sale. Each such sign shall be plainly visible and shall state:
"THE SALE OF TOBACCO PRODUCTS TO PERSONS
UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW."
Such notice shall be displayed in red letters at least one inch in height on a white background.
435
12/09
(D) Enforcement by School District Personnel. The following appointed officials of any public school shall
have the authority to sign all complaints and charge all violators of this Section that take place on school
property: Principal,Assistant Principal, and Dean of Students.
(E) Penalties; Fines; Settlement of Offenses.
(1) Any person violating any provision of Section 14-37(B) shall be fined not less than $25, nor more
than$750, except as otherwise provided herein.
Any violation of Section 14-37(B) may be settled and compromised by a first or second time
offender within seven days after a notice of violation therefor is delivered to the offender, by
payment to the City of McHenry, Illinois the sum of$50.
(2) Any person, firm, or corporation violating any provision of Section 14-37(C) shall be fined and
penalized as specified herein:
First Offense: $100.00
Second Offense: $200.00
Third Offense: $300.00 plus suspension of Tobacco Dealers' license for thirty-days.
Fourth and All Six month suspension
Subsequent Offenses: of Tobacco Dealers' license.
and shall be responsible for the City's cost of prosecution including attorney fees incurred by the
City.
(3) The City of McHenry shall report any person, firm, or corporation violating any provision of Section
14-37(C) to the State of Illinois Department of Public Health.
ARTICLE II. IMMORALITY
Sec. 14-45. Public indecency.
No person shall commit an act of public indecency in a public place. Public indecency shall consist of any of
the following acts:
(A) An act of sexual penetration or sexual conduct as defined in the Criminal Code.
(B) An exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.
Secs. 14-46 - 14-53. Reserved. (MC-01-767)
Sec. 14-54. Obscene literature, pictures,performances, etc.
(A) It shall be unlawful for any person to sell, deliver, offer for sale, distribute, publish, print exhibit or
possess with intent to distribute, with knowledge of the nature or content thereof, or recklessly failing to
exercise reasonable inspection which would have disclosed the nature or content thereof, any obscene
writing, picture, moving picture, record or other representation or embodiment of the obscene, or to
present or to direct an obscene play or other performance or to perform an obscene act or otherwise
present an obscene exhibition or to advertise or otherwise promote obscene material.
436
Draft June 30,2010
ORDINANCE NO.
An Ordinance Amending Section 14-37-14-44. Tobacco
Regulations, of the Municipal Code, City of McHenry,Illinois
BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY,McHenry County,
Illinois, as follows:
SECTION 1: Section 14-37— 14-44,Tobacco Regulations, of the Municipal Code,City of
McHenry,Illinois, shall be amended to read as follows:
Sec. 14-37—14-44. Possession and Use of Bidi Cigarettes, Smoking Herbs, Tobacco
Accessories and Tobacco Products; Tobacco Dealer's License
(A) Definitions: Terms used in this Section are defined as follows:
Bidi cigarette: a product that contains tobacco that is wrapped in temburni or tendu leaf or
that is wrapped in any other material identified by rules of the Illinois Department of Public
Health that is similar in appearance or characteristics to the temburni or tendu leaf.
Smoking herbs:all substances of plant origin and their derivatives,including but not limited
to broom, calea,California poppy,damiana,hops, ginseng, lobelia,jimson weed and other
members of the Datura genus,passion flower and wild lettuce,which are processed or sold
primarily for use as smoking materials.
'Smokeless tobacco: any finely cut, ground,powdered or leaf tobacco that is intended to be
placed in the oral cavity; any tobacco product that is suitable for dipping or chewing.
Tobacco accessories: cigarette papers, pipes, holders of smoking materials of all types,
cigarette rolling machines and other items,designed primarily for the smoking or ingestion of
tobacco products or of substances made illegal under any statute or of substances whose sale,
gift,barter or exchange is unlawful.
Tobacco products:cigars, cigarettes,smokeless tobacco or tobacco.
(B) Purchase and Use of Tobacco Products Prohibited:
(1) No person under 18 years of age shall purchase any tobacco product in any of its
forms.No person shall sell,purchase for,distribute samples of or furnish any tobacco
product in any of its forms to any person under 18 years of age. Tobacco products
may be sold through a vending machine only when such tobacco products are not
Tobacco Regulations,Page 1
Draft June 30, 2010
sold along with non-tobacco products in the vending machine and only in the
following locations:
a) Factories,businesses, offices,private clubs and other places not open to the
general public.
b) Places to which persons under 18 years of age are not permitted access.
c) Places where alcoholic beverages are sold and consumed on the premises.
d) Places where the vending machine is under the direct supervision (which
means that the owner or employee has an unimpeded line of sight to the
vending machine)of the owner of the establishment or an employee over 18
years of age. The sale of tobacco products from a vending machine under
direct supervision of the owner or an employee of the establishment is
considered a sale of tobacco products by that person.
e) Places where the vending machine can only be operated by the owner or an
employee over age 18 either directly or through a remote control device if the
device is inaccessible to all customers.
(2) Penalty: Any person violating any provision of this Section(B)is guilty of a petty
offense and for the first offense shall be fined$200,$400 for the second offense in a
12-month period, and$600 for the third or any subsequent offense in a 12-month
period and be responsible for the City's cost of prosecution, including reasonable
attorney fees.
(C) Possession of Tobacco Products:
(1) No person under 18 years of age shall possess any tobacco product in any of its
forms.
(2) Penalty: If a minor violates this Section (C) the minor shall be guilty of a petty
offense and may be fined$25 or sentenced to 15 hours of community service for the
first offense. If a second violation occurs within a 12-month period of the first
offense, the fine shall be $50 and 25 hours of community service. For a third or
subsequent violation that occurs within a 12-month period of the first offense, the
fine shall be $100 and 30 hours of community service. If there is a second or
subsequent violation not within a 12-month time period after the first violation,a fine
of$25 or 15 hours of community service shall be assessed. For any violation the
violator shall be responsible for the City's cost of prosecution,including reasonable
attorney fees.
Tobacco Regulations,Page 2
Draft June 30,2010
(D) Tobacco Accessories and.Smoking Herbs:
(1) Sale to Minors Prohibited:No person shall knowingly sell,barter,exchange,deliver
or give away or cause or permit or procure to be sold,bartered,exchanged,delivered
or given away tobacco accessories or smoking herbs to any person under 18 years of
age.
(2) Sale of Bidi Cigarettes:No person shall knowingly sell,barter,exchange,deliver or
give away a bidi cigarette to another person, nor shall a person cause or permit or
procure a bidi cigarette to be sold,bartered,exchanged,delivered or given away to
another person.
(3) Sale of Cigarette Paper: No person shall knowingly offer, sell, barter, exchange,
deliver or give away cigarette paper or cause,permit or procure cigarette paper to be
sold,offered,bartered,exchanged,delivered or given away except from premises or
an establishment where other tobacco products are sold.
(4) Sale of Cigarette Paper from Vending Machines:No person shall knowingly offer,
sell,barter,exchange,deliver or give away cigarette paper or cause,permit or procure
cigarette paper to be sold,offered,bartered exchanged, delivered or given away by
use of a vending or coin-operated machine or device. For purposes of this Section
(E)(4),cigarette paper shall not include any paper that is incorporated into a product
to which a tax stamp must be affixed under the Cigarette Tax Act(35 ILCS 130/1 et
seq.) or the Cigarette Use Tax Act(35 ILCS 135/1 et seq).
(5) Use of identification Cards:No person in the furtherance or facilitation of obtaining
smoking accessories and smoking herbs shall display or use a false or forged
identification card or transfer, alter or deface an identification card.
(b) Warning to Minors:Any person,firm,partnership,company or corporation operating
a place of business where tobacco accessories and smoking herbs are sold or offered
for sale shall post in a conspicuous place upon the premises a sign which there shall
be imprinted the following statement:SALE OF TOBACCO ACCESSORIES AND
SMOKING HERBS TO PERSONS UNDER 18 YEARS OF AGE OR THE
MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS
PROHIBITED BY LAW.The sign shall be printed on a white card in red letters at
least one-half inch in height.
(7) Penalty:
a) Except for Section (D)(2), any person who knowingly violates or shall
Tobacco Regulations,Page 3
Draft June 30,2010
knowingly cause the violation of any provision of this Section (D) shall be
guilty of a Class C misdemeanor and shall be fined pursuant to 730 ILCS 515-
4.5-65(e).The violator shall be responsible for the City's cost ofprosecution,
including reasonable attorney fees.
b) Any person who knowingly violates or shall knowingly cause the violation of
Section(D)(2) shall be guilty of a petty offense for which the offender shall
be fined as follows: for the first offense, not less than $100 or more than
$500,for a second offense within a 2-year period of the first offense,not less
than$250 or more than$600,and for a third or subsequent offense within a
2-year period of the first offense,not less than$500 or more than$1,000.In
addition,the violator shall be responsible for the City's cost of prosecution,
including reasonable attorney fees.
c) These fines are in addition to the administrative provisions for suspension,
revocation or forfeiture of a license issued pursuant to Chapter 7.50 of the
Municipal Code of the City of McHenry. Payment of such fine shall not
constitute an admission of guilt or innocence for the purposes of such
administrative proceedings for suspension,revocation or forfeiture.
(E) Tobacco Dealer's License:
(1) If shall be unlawful to sell or offer for sale at retail,to give away,deliver or keep with
the intention of selling at retail, giving away or delivering tobacco products within
the City without have first obtained a tobacco dealer's license. Such license shall be
in addition to any other license required by the Municipal Code of the City of
McHenry.
Applications for a license shall be made in writing to the City.Such application shall
contain the name of the applicant,the address at which such sales are to be made and,
in the case of cigarette vending machines,the number ofmachines for which licenses
are to be issued and are located within the building or structure.
(2) Vendor Education Prop: Any person, firm or corporation seeking a tobacco
dealer's license shall be required to attend a Vendor Education Program administered
by the City. The purpose of the Vendor Education Program is to inform tobacco
vendors or their authorized representatives of all federal, state and local regulations
governing the sale of tobacco and to review fines and penalties associated with
violation the provisions of this Section.
(3) License Period:Fee: The license period shall be from May 1 to the following April
30. The annual license fee shall be $25, payable to the City on or before May 1 of
Tobacco Regulations,Page 4
Draft June 30,2010
each year.
(4) Personal Nature of License: A license is a purely personal privilege, good for the
license period, unless revoked. No such license shall be transferable.
(5) R s onsibilfty for Agents and Employees: Any act or omission constituting a
violation of any provision of this Section by any officer,director,manager or other
agent or employee of any licensee shall be deemed and held to be the act of such
licensee and such licensee shall be punishable in the same manner as if such act or
omission had been done or omitted by the Iicensee personally.
(b) Availability: No person, firm or corporation shall sell or distribute individual
cigarettes or samples of cigarettes except in its original packaging,and no package
shall contain less than 20 cigarettes.Except as provided in Section(E)(7), tobacco
products shall be sold only in direct, face-to-face exchange. Self-service displays
shall not be permitted except in areas where access by persons under the age of 18 is
prohibited.
(7) Vending Machines:Locking Devices:It shall be unlawful for any licensee to sell or
offer for sale,give away,deliver or to keep with the intention of selling,giving away
or delivering tobacco products by use of vending machine unless such vending
machine is equipped with a manual,electric or electronic locking device controlled
by the licensee that prevents its operation by persons under the age of 18 years.
(F) Enforcement of School District Personnel: The following appointed officials of any public
school shall have the authority to sign all complaints and charge all violators of this Section
that take place on school property:principal, assistant principal and dean of students.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect,impair,invalidate or nullify the remainder thereof,which remainder shall remain and
continue in full force and effect.
SECTION 3:All ordinances or parts of ordinances in conflict herewith are herebyrepealed to
the extent of such conflict.
SECTION 4: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.
Voting Aye:
Voting Nay:
Tobacco Regulations, Page 5
Draft June30, 2010
Absent:
Abstain:
APPROVED:
Mayor Susan E. Low
(SEAL)
ATTEST:
City Clerk Janice C. Jones
Passed:
Approved:
Z.WMcHenryQtyof IOrdinancesITobacco.ord.doc
Tobacco Regulations, Page 6
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Chris Black,Finance Director
FOR: July 12'',2010 Regular Council Meeting
RE: Authorization to Issue$5.66 Million in General Obligation Bonds for
Sanitary System Improvements Involving Central and South Wastewater
Treatment Plants
Background. In March 2010, the City Council approved moving forward with a project to
improve the sanitary sewer system. The improvements would include the following work:
1) Modifications to the raw wastewater pumping station at the Central Wastewater Treatment
Plant (CWWTP); 2) construction of the force main providing the conveyance between the
CWWTP and the South Wastewater Treatment Plant (SWWTP); 3) installation of a fine screens
at both the CWWTP and SWWTP; and 4) various upgrades to the CWWTP. As shown page 2,
the total estimated cost of the project,including construction and engineering,is$7.86 million.
Analysis. As shown in Table 2, staff proposes funding the project with both capital development
fees and bond proceeds. Capital Development Fees totaling $2.2 million will be utilized to fund
project items, primarily solids handling improvements and a portion of the force main, that will
eventually be utilized to expand system capacity as part of a future South Plant expansion. The
Capital Development Fee revenue has already been transferred to the Utility Improvements Fund.
The city will issue $5.66 million in bonds through the Build American Bonds program. Local
governments participating in the program may issue taxable bonds in lieu of tax-exempt bonds for
governmental purposes and receive a rebate equal to 35% of the interest paid over the life of the
bonds. The bonds will be repaid using revenue from the existing debt service fee charged to
sewer customers.
With City Council authorization, the bond sale for the sanitary sewer project may be tentatively
scheduled for August 30, 2010. Staff would bring the results to the City Council later that
evening to formalize the sale through a bond ordinance.
Recommendation. Staff seeks authorization to proceed with the issuance of the General
Obligation Bonds for sanitary system improvements.
Table 1
City of McHenry
CWWTP and SWWTP Sanitary System Improvements
Estimated Costs
Design Engineering $873,650
Land Acquisition 153,200
Construction/Engineering Observation
Equip Pre-Purchase of Screen Units and Pumps 200,000
Site Work 500,000
Force Main 2,700,000
Equip Pre-Purchase of Screen Units and Pumps 600,000
Solids Handling Improvements 2,834,000
Total Construction/Engineering Observation 6,834,000
Total $7,860,850
2
Table 2
City of McHenry
CWWTP and SWWTP Sanitary System Improvements
Project Financing
Total Project Cost $7,860,850
Funding
Capital Development Fees 2,200,000
Bond Proceeds 5,660,850
7,860,850
Debt Service
Annual Debt Service(20 Year) 447,000
Debt Service Repayment
Annual Debt Service Revenue 390,000
Debt Service Reserve(Annual) 57,000
$447,000
3
1
AGENDA SVPPLEMENT
TO: Mayor and City Council
FROM: Chris Black,Finance Director
FOR: July ffh,2010—Regular City Council Meeting
RE: Discussion regarding Local Municipal Retailers Occupation Tax and Local
Municipal Service Occupation Tax
ATTACffiVIENTS: 1.Table 1 —Three-Year General Fund Budget Projection
2.Table 2—Police Pension Funded Ratio
3.Table 3—Personnel Reductions 2008/09 though 2010/11
4.Table 4—Tax Rates—Comparison to Other Municipalities
5.Table 5—Tax Burden—Comparison to Other Municipalities
6.Table 6—FY 2011/12 Potential Budget Reductions
7. Table 7—Ordinance Establishing 0.5%Local Sales Tax
Background. The city conducted a public hearing at the June 7th meeting to solicit comments
and questions from the public to use the input in the decision making process on the proposed
sales tax increase. In response to public comment and inquires from council members, staff is
providing further information to explain the reasons additional revenue is required to meet the
financial obligation of the state mandated pension plan and to maintain current service levels. In
addition, more detailed information is presented regarding potential budget reductions that will
certainly be necessary in FY 2011/12 without additional revenue.
Analysis. The city used several cost cutting measures, including significant staff reductions, and
established new fees to arrive at a balanced budget for FY 2010/11. However, as shown in Table
1, the city will encounter significant budget deficits in the next two fiscal years unless there are
additional major reductions in staffing and service levels, an increase in revenues, or both. Even
with the increase in revenue generated by the proposed sales tax,the city will need to continue to
reduce spending in future years to maintain financial stability.
The budget deficits projected for future years are due, in large part, to an increase in the city's
contribution for police pension funding. In the FY 2010/11, the city's budgeted police pension
contribution is $640,000, $518,000 less than the $1.158 million required as.determined by the
actuarial valuation. The required funding level will be approximately $1.216 million next year.
As a result,the city's budgeted contribution for police pension funding will increase by$576,000
in FY 2011/12.
The shortfall in police pension funding is a serious issue that needs to be addressed. As shown in
Table 2, the funded ratio has declined from 82.8% in 2001/02 to 49.9% in 2009/10. Also, annual
employee and employer contributions are less than the benefits paid to retirees for the second
consecutive year. This situation requires fund reserves, which need to be invested to generate
income, to be used to pay benefits. It is important to note the state requires municipalities to
1
provide pension benefits and to fund them adequately, which is a cost of providing police
services.
A second contributing factor to the projected budget deficits is a fundamental gap between our
annual revenues and expenses in the General Fund that has been exacerbated by the economic
downturn and the slow recovery. Budgeted revenues for FY 2010/11 total $15.85 million,
$840,000 less than actual collections in FY 2007/08. Sales tax receipts, which account for
approximately 40% of total revenue, have been most affected most by the economic downturn.
This year sales tax revenue is budgeted at $5.98 million, which is $950,000 less than the city
collected in FY 2006/07 and slightly below collections in FY 2003/04.
The City has made significant spending reductions in an effort to address the structural deficit and
the decline in revenue.As detailed in Table 3,the last three budgets approved by the City Council
have eliminated 21 positions in the General Fund, which is 16.4% of the total workforce, and
deferred nearly all capital purchases. Despite the spending cuts, the city experienced budget
deficits in each of the last two fiscal years. The financial landscape has been permanently altered
for McHenry and other municipalities, and, as such, the city will need to continue to implement
measures to reduce costs and provide services more efficiently.
Because of the size of the projected deficits for the next two fiscal years, a local sales tax of 0.5%
that would generate an estimated $1.5 million annually has been proposed. This additional
revenue would allow the city to meet its annual required contribution for police pension funding,
address the expected budget deficit without implementing drastic service cuts, and begin to fund a
modest capital equipment replacement program.
The tax is imposed on all businesses selling general merchandise at retail within the taxing
jurisdiction. General merchandise includes many items, such as electronics, furniture, and other
consumer goods, as well as food purchased at a restaurant and alcoholic beverages and soft
drinks. The tax does not apply to registered or titled personal property (i.e., cars, trucks, boats,
trailers,and snowmobiles), groceries,and prescription and non-prescription drugs.
If the proposed local sales tax is approved,McHenry residents would continue to have a lower tax
burden than residents of other nearby municipalities. Using the assumptions shown in Table 5 for
spending, phone usage, and property values, the tax burden of for City residents totaling $497 is
substantially below the average tax burden of$816 per household for the other municipalities.
This lower tax burden occurs because McHenry has the lowest telecommunication tax rate at 1%
and second lowest property tax rate among the comparable municipalities. It is estimated that
25%or more of the city's sales tax receipts are generated by non-residents.
If the sales tax proposal is not approved, staff and service reductions will be used to eliminate the
$975,000 deficit projected in FY 2011/12. The ability to reduce staff and expenses for
contractual services and supplies is made more difficult because significant reductions have
already been made during the last three budget cycles. Additional cuts will affect programs and
service levels. Table 6 shows the reductions required assuming the deficit was allocated
proportionally to each department. This information is intended only to illustrate the scale of
staff and service reductions to balance the budget. Actual budget priorities and commitments to
service levels will need to be decided by the City Council during the budget process. It is
important to note an additional $280,000 in reductions would be necessary in FY 2012/13 based
on current revenue and expense projections.
2
Recommendation. Staff recommends approval of the attached ordinance establishing 0.5%local
sales tax.
3
Table 1
City of McHenry
General Fund Budget-FY 2010/11 to FY 2011/12
(in$1,000)
FY 10/11 FY 11/12 11/12-10/11 FY 12/13
Budget Projection Change Projection
REVENUES
Sales Tax $5,989 $6,128 $139 $6,280
Property Tax 5,020 5,156 136 5,311
State Income Tax 2,119 2,183 64 2,248
Charges for Service 1,207 1,231 24 1,176
Police Fines 339 346 7 353
Vehicle Stickers 148 148 0 148
Bulding Permits 65 68 3 71
State Telecom. 195 200 5 206
Franchise Fees 163 167 4 170
Intertrack Wagering 103 106 3 109
Interest Income 10 15 5 30
Other 494 499 5 504
Total Revenues $15,852 $16,247 $395 $16,606
%Revenue Change 1.56% 2.49% 2.21%
EXPENSES
Salaries $8,281 $8,571 $290 $8,871
IMRF 460 492 32 526
Police Pension 1 640 1,216 576 1,277
Social Security 641 663 22 686
Health/Dental Insurance 1,515 1,667 152 1,800
Other Benefits 58 59 1 60
Contractual 1,698 1,756 58 1,809
Supplies 795 826 31 850
Risk Management 725 754 29 784
Debt Service 557 726 169 703
Other 482 492 10 529
Total Expenses $15,852 $17,222 $1,370 $17,895
%Expense Change 0.98% 8.64% 3.91%
Excess/(Deficit) $0 ($975) ($1,289)
Fund Balance $2,511 $1,536 $247
Percent of Expenditures 15.8% 9.5% 1.5%
1.Includes full funding of annual required contribution
4
Table 2
City of McHenry
Police Pension Fund
Funded Ratio
100.0%
80.0%
60.0%
40.0%
20.0%
0.0
2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10
—!:Ieries1 82.8% 73.1% 65.4% 62.6% 61.8% 61.6% 64.9% 64.3% 49.9%
5
Table 3
City of McHenry
General Fund Personnel Expense Reductions
FY 2008/09 through FY 2010/11
FY 2008/09
Patrol Officers(2)
Community Development Director
Building Maintenance Worker
Street Maintenance Workers (2)
Park Maintenance Worker
FY 2009/10
Patrol Officers(2)
Records Specialist(Police Dept.)
Land Use Planner
Building Inspector
Building Maintenance Worker
Office Assistant(Public Works)
Engineering Inspector
FY 2010/11*
Community Service Officer
Communications Dispatch
Office Assistant(1.6 Full-Time Equivalent)
Patrol Officer
Parks Maintenance Worker
*Note: Also includes wage concessions from Local 150 and FOP I bargaining units and a wage freeze for
non-represented personnel.
6
Table 4
Tax Rates
Comparison with Other Municipalities
2008
Local Sales Telecomm. Property
Tax Tax Tax *
Algonquin 0.75% 3.75% 0.4849
Cary 0.00% 6.00% 0.9024
Crystal Lake 0.75% 6.00% 0.5701
Harvard 0.00% 4.50% 1.4471
Huntley 0.00% 6.00% 0.6827
Lake in the Hills 0.50% 6.00% 0.6398
Lakewood** 1.00% 6.00% 0.9404
Marengo 0.00% 4.50% 0.7670
Woodstock 0.00% 6.00% 1.3457
McHenry*** 0.50% 1.00% 0.5134
* Includes park district rate if applicable
** Includes property tax levy for fire service
*** Proposed sales tax
7
Table 5
Tax Burden Per Household
Comparison with Other Municipalities
2008
Local Sales Telecomm. Property Total
Tax Tax Tax * Amount
Algonquin $77.25 $67.50 $404.08 $548.83
Cary 0.00 108.00 752.00 860.00
Crystal Lake 77.25 108.00 475.08 660.33
Harvard 0.00 81.00 1205.92 1286.92
Huntley 0.00 108.00 568.92 676.92
Lake in the Hills 51.50 108.00 533.17 692.67
Lakewood** 103.00 108.00 783.67 994.67
Marengo 0.00 81.00 639.17 720.17
Woodstock 0.00 108.00 1121.42 1229.42
McHenry*** $51.50 $18.00 $427.83 $497.33
* Includes park district rate if applicable
** Includes property tax levy for fire service
*** Proposed sales tax
Note: Sales tax amount based on$10,300 in purchases, telecommunication tax
amount based on$150 monthly bill,and property tax assumes home with
a market value of$250,000.
8
Table 6
City of McHenry
Fiscal Year 2011/12
Potential Budget Reductions
Projected
2011/12 Reduction
Department Bud¢et Amount Possible Position Reductions
ADMINISTRATION $1,598,408 $90,500 Elimination of 1 or more positions
ELECTED 214,500 12,100 Only 1 position in department
C&NS 633,102 35,800 Reduction of 2 part-time or 1 full-time position(office specialists or inspectors)
FINANCE 1,305,225 73,900 Reduction of 1 full-time(finance specialists,accountant,or director)
POLICE 8,350,833 472,800 Reduction of 4 to 6 positions(patrol or sergeants)
PW-ADMINISTRATION 253,692 14,400 Only 2 positions in department
PW-STREET 2,826,589 160,000 2 positions(crew leader,street maintenance worker,or mechanic)
POLICE COMM 1,453 100
PARKS 2,038,219 115,400 1 full-time positions and part-time park maintenance workers
TOTAL $17,222,021 $975,000
9
Ordinance No. ORD-10-
An Ordinance Amending Chapter 23 Taxation of the City of McHenry
Municipal Code, Imposing a Home Rule Municipal Retailers' Occupation Tax and a Home Rule
Municipal Service Occupation Tax within the City of McHenry, Illinois
WHEREAS, pursuant to 65 ILCS 5/8-11-1 and 5/8-11-5 of the Illinois Municipal Code, a
home rule municipality may impose a municipal retailers' occupation tax and a municipal service
occupation tax; and
WHEREAS, the City of McHenry has attained Home Rule status as recognized by the
Secretary of State of the State of Illinois; and
WHEREAS, the Mayor and City Council are desirous of imposing a %2 of 1% Home Rule
Municipal Retailers Occupation Tax and a %Z of 1% Home Rule Municipal Service Occupation Tax
within the City of McHenry.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the City of
McHenry, McHenry County, in the State of Illinois, that the McHenry Municipal Code be amended as
follows:
SECTION 1: Chapter 23 of the McHenry Municipal Code shall be and is hereby amended by
adding the following:
Article IV.
Home Rule Municipal Retailers' Occupation Tax
and Home Rule Service Occupation Tax
Sec. 23-37. Home Rule Municipal Retailers' Occupation Tax. A tax is hereby imposed upon all
persons engaged in the business of selling tangible personal property (other than an item of
tangible personal property titled and registered with an agency of this State's government) at
retail in the City of McHenry at the rate of% of 1% of the selling price of the gross receipts from
such sales made in the course of such business. Such "Home Rule Municipal Retailers'
Occupation Tax" shall not be applicable to the sale of food for human consumption that is to be
consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food
that has been prepared for immediate consumption) and prescription and non-prescription
medicines, drugs, medical appliances, and insulin, urine testing materials, syringes and needles
used by diabetics.
Sec. 23-38. Home Rule Municipal Service Occupation Tax. A tax is hereby imposed upon all
persons in the City of McHenry making sales of service at the rate of% of 1% of the selling price
of all tangible personal property transferred by such servicemen either in the form of tangible
personal property or in the form of real estate in an incident to a sale of service. Such "Home
Rule Municipal Retailers' Occupation Tax" shall not be applicable to the sale of food for human
consumption that is to be consumed off the premises where it is sold (other than alcoholic
beverages, soft drinks and food that has been prepared for immediate consumption) and
prescription and non-prescription medicines, drugs, medical appliances, and insulin, urine testing
materials, syringes and needles used by diabetics.
Sec. 23-39. The taxes hereby imposed, and all civil penalties that may be assessed as an incident
thereto, shall be collected and enforced by the Department of Revenue of the State of Illinois.
The Department of Revenue shall have full power to administer and enforce the provisions of this
ordinance.
SECTION 2: Said Home Rule Municipal Retailer's Occupation Tax and Home Rule
Municipal Service Occupation Tax shall be effective January 1,2011.
SECTION 3: The City Clerk is hereby directed to file a certified copy of this ordinance with
the Illinois Department of Revenue as soon as practicable after its passage.
SECTION 4: Chapter 23, Tax Abatement shall be retitled Article V, and Simplified Municipal
Telecommunications Tax shall be retitled Article VI.
SECTION 5: This ordinance shall be in effect upon its passage, approval and publication as
provided by law.
PASSED and APPROVED this day of ,
Voting Aye:
Voting Nay:
Not Voting:
Abstaining:
Absent:
Signed:
Susan E. Low,Mayor
Attest:
Janice C. Jones, City Clerk