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Packet - 04/19/2010 - City Council
� 11J�r City of McHenry �- 333 South Green Street _ , ' , www.ci.mchenry.il.us McHenry,Illinois 60050-5495 T i � Y I .. Mayor's Office AGENDA (815) 363-2108 REGULAR CITY COUNCIL MEETING Fax (815) 363-2119 Monday, April 19, 2010, 7:30 PM Clerk's Office (815)363-2100 Fax(815)363-2128 Administration 1. Call to Order (815)363-2108 2 Roll Call Fax(815)363-2119 Public Works 3. Proclamation: "Look at Local History Month" Community Development 4. Public Input Session: 10 Minute Limitation (815)363-2170 Fax(815)363-2173 5. Consent Agenda: A. Fiscal Year 2009/010 Supplemental Appropriation Ordinance Parks and Recreation B. Special Event liquor license for Nicolino's Trackside; (815)363-2160 C. MAYC request for waiver of Petersen Park Beach admission and canoe rental fees for Fax(815)363-3186 summer program field trip; D. Police General Order, Illinois Premise Alert Program; Police Non-Emergency E. List of Bills. (815)363-2200 Fax(815)363-2149 6. Request for use of Petersen Park, temporary signs, waiver of associated fees, and waiver of section 16-25 of the Municipal Code to allow for overnight stays in the park for annual Mayor Lions Club Carnival, June 9 through June 12, 2010 Susan E.Low 7. Request for minor variances, 500 Bally Road City Clerk Janice C.Jones 8. Request for a Class F2 liquor license for McHenry BP and Bull Valley BP from Graham Enterprises, Inc. and ordinance increasing number of Class F2 licenses from eight to ten Treasurer David M.Welter 9. Committee Recommendation: Ordinance amending Municipal Code Chapter 2.25 Code Hearing Department relating to Administrative Adjudication Aldermen 10. Mayor Statement and Reports WARD 1 Victor A. Sand 1 1. Committee Reports WARD 2 Andrew A.Glab 12. Staff Reports WARD 3 13. Future Agenda Items Jeffrey A. Schaefer 14. Executive Session: Property Acquisition WARD 4 Steven C.Murgatroyd 15. Action on item discussed in Executive Session WARD 5 16. Adjournment Richard W.Wimmer Posted: April 14, 2010 WARD 6 Robert J.Peterson WARD 7 Geri A.Condon PROCLAMATION WHEREAS, the National Trust for Historic Preservation created Preservation Week in 1971 to spotlight grassroots preservation efforts around the country; and WHEREAS,Preservation Week has grown into an annual celebration observed throughout small towns and big cities across America; and WHEREAS, the National Trust for Historic Preservation has declared May 2010 as National Historic Preservation Month; and WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride, and maintaining community character, while enhancing livability, and is relevant for people of all ages,all walks of life,and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to safeguard the tangible aspects of the heritage that has shaped us as a people and enhanced our lives; and WHEREAS, the Illinois House of Representatives on May 14, 2008, adopted House Resolution No. 1037 offered by Representatives Jack D. Franks and Mike Fortner, declaring the month of May as Look at Local History Month in the State of Illinois; and WHEREAS, the McHenry County Joint Council of Historic Groups, in conjunction with the National Trust for Historic Preservation and the State of Illinois, is promoting May 2010 as Look at Local History Month. NOW, THEREFORE, BE IT KNOWN that I, Mayor Susan E. Low, go'on record recognizing the efforts of the City of McHenry Landmark Commission in preserving the historic character of our City, and declare May 2010 as Look at Local History Month in the City of McHenry, and call upon the people of our community to join their neighbors in recognizing and participating in this special observance. FURTHER, that a copy of this proclamation be presented to the Landmark Commission for display in a prominent place during the month of May,2010. Passed and approved this 19ffi day of April,2010. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: Signed: Mayor ATTEST: City Clerk CONSENT AGENDA The Consent Agenda for the April 19, 2010, City Council meeting consists of the following items: A. Fiscal Year 2009/010 Supplemental Appropriation Ordinance B. Special Event liquor license for Nicolino's Trackside; C. MAYC request for waiver of Petersen Park Beach admission and canoe rental fees for summer program field trip; D. Police General Order, Illinois Premise Alert Program; E. List of Bills. CONSENT AGENDA TO: Mayor and City Council FROM: Chris Black,Finance Director FOR: April 19'h, 2010 Regular Council Meeting RE: 2009/10 Supplemental Appropriation Ordinance BACKGROUND: On July 20th, 2009 the City Council conducted a public hearing and considered the annual appropriation ordinance for the 2009/10 fiscal year. The appropriation ordinance provides the legal authority to allocate funds to specific spending activities and establishes the city's legal spending limit for the fiscal year. Throughout the year, the need for budget amendments becomes necessary. As a result, a supplemental appropriation ordinance must be passed prior to the conclusion of the fiscal year to amend the appropriation ordinance and the legal spending limit for the fiscal year. ANALYSIS: The supplemental appropriation ordinance for the 2009/10 fiscal year is attached. Changes can be classified as either transfers from one fund to another, omissions from the original appropriation ordinance, or increases in the appropriations due to spending requirements or new programs implemented during the year. The total increase in the appropriation is $4,609,912 and is primarily attributable to adjustments made due to spending requirements. The appropriation for all funds increases from the original $30.1 million to $34.7 million compared to last year's final appropriation of$42,811,268. The appropriation for the General Fund does not change. All increases in specific line items are offset by reductions in other areas. Total expenses for the General Fund will be less than the 2009/10 budget amount. The appropriation for all other funds increases $4.6 million. The Debt Service Fund appropriation increases $2.5 million for the early retirement of the 2000 MFT bond issue ($450,000) and the refunding of the 2002 Alternate Revenue Source bond issue ($2.05 million). Also, the Developer Escrow Fund appropriation increases $1.0 million to transfer funds to the Capital Improvement Fund, which will be used to complete public improvements in the Legend Lakes subdivision. Revenues to fund the improvements were obtained through a settlement with the surety company of the subdivision's developer. Finally, the Utility Improvements Fund increases $520,000 for expenses on the Central and South Wastewater Treatment Plant project. In reality, the supplemental appropriation ordinance is an accounting adjustment that brings city spending into compliance with state law. The City's internal spending control remains the budget document. RECOMMENDATION: Staff recommends consideration and approval of the attached supplemental appropriation ordinance for fiscal year 2009/10. ORDINANCE NO. Ord-09- AN ORDINANCE PROVIDING FOR THE SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR 2009-10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY,ILLINOIS as follows: SECTION 1: That it be deemed necessary in order to defray the necessary expenses and liabilities of said City for the fiscal year beginning May 1, 2009 and ending April 30, 2010; that there be and there is hereby appropriated to provide for the general tax levy and other revenue for the said fiscal year, the aggregate sum of Thirty-Four Million, Seven Hundred Sixty Thousand, One Hundred and Nine Dollars ($34,760,109) the object and purpose for which said appropriation is made and the amounts appropriated for the same are as follows, to wit: 2009/10 2009/10 Original Final Appropriation Change Appropriation GENERALFUND Administration (100.01) 4010 Salaries- Regular $ 636,475 $ 14,130 650,605 4050 Overtime- Regular 6,500 0 6,500 4110 Salaries -Seasonal 4,500 0 4,500 4190 Salary Adjustments 14,130 (14,130) 0 4220 Board &Commission Expense 24,750 (8,000) 16,750 4310 Health/Life Insurance 132,010 0 132,010 4320 Dental Insurance 5,856 0 5,856 4330 Life Insurance 550 310 860 4340 Vision Insurance 0 530 530 4410 FICA/Medicare 50,613 0 50,613 4420 IMRF Retirement 65,069 0 65,069 4510 Uniform Allowance 2,000 450 2,450 5110 Contractual Services 269,550 (19,790) 249,760 5230 Legal Fees 200,000 0 200,000 5310 Postage and Meter 750 2,000 2,750 5320 Telephone 12,510 0 12,510 5330 Printing and Publishing 7,000 0 7,000 5410 Dues 16,230 0 16,230 5420 Travel Expenses 1,600 0 1,600 5430 Training 1,930 2,000 3,930 5440 Tuition Reimbursements 1,500 (1,500) 0 5450 Publications 800 0 800 5510 Utilities 0 8,000 8,000 6110 Materials and Supplies 62,500 0 62,500 6210 Office Supplies 3,800 0 3,800 6250 Gasoline & Fuel 2,700 0 2,700 6270 Small Equipment 6,500 0 6,500 6940 Administrative Expenses 6,800 16,000 22,800 8200 Building Improvments 0 0 0 8300 Capital Equipment 0 0 0 8700 Capital-Furniture 0 0 0 9920 Purchase Service- Risk Management 72,857 0 72,857 9922 Purchase Service- Information Technology 23,954 0 23,954 9942 Transfer-Capital Improvement Fund 0 0 0 Total Administration Office 1,633,434 0 1,633,434 Elected Officials (110.02) 4010 Salaries - Regular 68,713 1,370 70,083 4050 Overtime- Regular 0 0 0 4190 Salary Adjustments 1,370 (1,370) 0 4210 Salaries - Elected Officials 54,050 (635) 53,415 4310 Health/Life Insurance 14,064 0 14,064 4320 Dental Insurance 630 0 630 4330 Life Insurance 69 0 69 4340 Vision Insurance 0 85 85 4410 FICA/Medicare 9,496 0 9,496 4420 IMRF Retirement 8,247 0 8,247 4510 Uniform Allowance 350 0 350 5110 Contractual Services 250 (250) 0 1 2009/10 2009/10 Original Final Appropriation Change Appropriation 5310 Postage and Meter 8,000 500 8,500 5320 Telephone 3,000 100 3,100 5330 Printing and Publishing 8,000 0 8,000 5410 Dues 350 0 350 5420 Travel Expenses 250 0 250 5430 Training 2,830 0 2,830 5450 Publications 100 200 300 6110 Materials and Supplies 875 0 875 6210 Office Supplies 1,400 0 1,400 6910 Employee Recognition 0 0 0 6940 Administrative Expenses 19,300 0 19,300 9922 Purchase Service- Information Technology 13,459 0 13,459 Total Elected Officials 214,803 0 214,803 Community Development Department(100.03) 4010 Salaries - Regular 333,244 35,195 368,439 4050 Overtime- Regular 1,500 (1,300) 200 4190 Salary Adjustments 35,195 (35,195) 0 4310 Health/Life Insurance 84,336 0 84,336 4320 Dental Insurance 2,792 800 3,592 4330 Life Insurance 449 0 449 4340 Vision Insurance 0 500 500 4410 FICA/Medicare 28,300 0 28,300 4420 IMRF Retirement 38,215 0 38,215 4510 Uniform Allowance 1,925 0 1,925 5110 Contractual Services 30,400 (8,000) 22,400 5310 Postage and Meter 3,000 0 3,000 5320 Telephone 6,145 0 6,145 5330 Printing and Publishing 3,000 0 3,000 5370 Repair and Maintenance-Vehicles 2,500 0 2,500 5410 Dues 1,000 0 1,000 5420 Travel Expenses 500 0 500 5430 Training 1,000 0 1,000 5440 Tuition Reimbursements 0 0 0 5450 Publications 300 0 300 6110 Materials and Supplies 300 0 300 6210 Office Supplies 5,000 0 5,000 6250 Fuel and Lubricants 9,000 0 9,000 6270 Small Tools and Equipment 1,250 0 1,250 8200 Capital - Building Improvements 0 0 0 8400 Capital -Vehicles 0 0 0 9920 Purchase Service- Risk Management 36,162 0 36,162 9922 Purchase Service- Information Technology 33,632 0 33,632 Total Community Development Department 659,145 (8,000) 651,145 Finance Department(100.04) 4010 Salaries - Regular 346,336 6,687 353,023 4190 Salary Adjustments 6,867 (6,687) 180 4310 Health/Life Insurance 65,673 0 65,673 4320 Dental Insurance 3,383 800 4,183 4330 Life Insurance 397 0 397 4340 Vision Insurance 0 500 500 4410 FICA/Medicare 27,020 0 27,020 4420 IMRF Retirement 36,486 0 36,486 2 2009/10 2009/10 Original Final Appropriation Change Appropriation 4510 Uniform Allowance 1,750 600 2,350 5110 Contractual Services 2,500 0 2,500 5310 Postage and Meter 20,000 500 20,500 5320 Telephone 1,500 0 1,500 5330 Printing and Publishing 8,000 3,000 11,000 5410 Dues 700 55 755 5420 Travel Expenses 450 (300) 150 5430 Training 660 (500) 160 5450 Publications 100 (100) 0 6110 Materials and Supplies 12,900 6,000 18,900 6210 Office Supplies 6,300 1,000 7,300 6270 Small Equipment 0 0 0 6940 Administrative Expense 0 60,000 60,000 9904 Debt Service Transfer 733,186 0 733,186 9906 Transfer to Band Fund - 0 0 9922 Purchase Service- Information Technology 39,742 0 39,742 Total Finance Department 1,313,950 71,555 1,385,505 Police Commission (100.21) 4220 Salaries - Boards and Commissions 1,350 0 1,350 5110 Contractual Services 12,200 (3,000) 9,200 5330 Printing and Publishing 4,000 (3,000) 1,000 5420 Travel Expenses 500 0 500 5430 Training 1,000 0 1,000 5450 Publications 500 0 500 Total Police Commission 19,550 (6,000) 13,550 Police Department(100.22) 4010 Salaries- Regular 773,916 0 773,916 4020 Salaries-Sworn 3,521,449 (100,000) 3,421,449 4030 Salaries- Part Time 20,000 (7,000) 13,000 4050 Overtime- Regular 20,000 30,000 50,000 4055 Overtime- Sworn 225,000 (20,000) 205,000 4080 Career Ladder 35,000 (5,000) 30,000 4190 Salary Adjustments 143,270 (25,000) 118,270 4310 Health/Life Insurance 797,594 0 797,594 4320 Dental Insurance 38,711 0 38,711 4330 Life Insurance 4,347 0 4,347 4340 Vision Insurance 0 5,000 5,000 4410 FICA/Medicare 362,506 0 362,506 4420 IMRF Retirement 77,287 3,000 80,287 4430 Employer Contribution - Police Pension 612,000 8,000 620,000 4510 Employee Uniforms 34,000 (4,000) 30,000 5110 Contractual Services 63,470 0 63,470 5310 Postage and Meter 3,000 0 3,000 5320 Telephone 31,360 5,000 36,360 5370 Repair and Maintenance-Vehicles 70,700 (10,000) 60,700 5410 Dues 2,000 0 2,000 5420 Travel Expense 6,425 0 6,425 5430 Training Expense 20,280 0 20,280 5440 Tuition Reimbursement 14,000 0 14,000 5450 Publications 1,900 4,000 5,900 6110 Materials and Supplies 23,620 18,000 41,620 6210 Office Supplies 21,350 0 21,350 3 2009/10 2009/10 Original Final Appropriation Change Appropriation 6250 Fuel and Lubricants 139,220 0 139,220 6270 Small Equipment 33,050 20,000 53,050 6310 Canine Unit 0 0 0 8300 Capital - Equipment 0 0 0 8400 Capital -Vehicles 0 0 0 8700 Capital - Furniture 0 0 0 9920 Purchase Service- Risk Management 239,230 0 239,230 9922 Purchase Service- Information Technology 191,881 0 191,881 Total Police Department 7,526,566 (78,000) 7,448,566 Public Works -Administration (100.30) 4010 Salaries - Regular 101,607 26,026 127,633 4050 Overtime- Regular 0 0 0 4190 Salary Adjustment 26,026 (26,026) 0 4310 Health/Life Insurance 29,324 3,000 32,324 4320 Dental Insurance 704 400 1,104 4330 Life Insurance 69 0 69 4340 Vision Insurance 0 130 130 4410 FICA/Medicare 9,764 0 9,764 4420 IMRF Retirement 13,184 0 13,184 4510 Uniform Allowance 0 0 0 5110 Contractual Services 15,490 (5,000) 10,490 5310 Postage and Meter 2,500 0 2,500 5320 Telephone 3,300 1,170 4,470 5410 Dues 380 0 380 5420 Travel Expense 100 0 100 5430 Training 550 300 850 6210 Office Supplies 2,600 0 2,600 6270 Small Tools & Equipment 0 0 0 9920 Purchase Service- Risk Management 11,301 0 11,301 9922 Purchase Service- Information Technology 12,891 0 12,891 Total Public Works -Administration 229,790 0 229,790 Public Works -Streets Division (100.33) 4010 Salaries- Regular 1,056,836 31,904 1,088,740 4050 Overtime- Regular 19,000 0 19,000 4060 Overtime-Snow Removal 80,000 0 80,000 4110 Salaries -Seasonal 0 0 0 4190 Salary Adjustment 31,904 (31,904) 0 4310 Health/Life Insurance 254,817 0 254,817 4320 Dental Insurance 3,304 1,500 4,804 4330 Life Insurance 1,311 0 1,311 4340 Vision Insurance 0 700 700 4410 FICA/Medicare 90,862 0 90,862 4420 IMRF Retirement 122,694 0 122,694 4510 Uniforms 11,550 0 11,550 5110 Contractual Services 155,500 0 155,500 5320 Telephone 7,000 5,000 12,000 5370 Repair and Maintenance-Vehicles 85,000 0 85,000 5430 Training 500 0 500 5520 Street Lighting 283,000 50,000 333,000 6110 Materials and Supplies 230,000 (19,555) 210,445 6210 Office Supplies 1,500 0 1,500 6250 Fuel and Lubricants-Vehicles 108,500 (18,200) 90,300 4 2009/10 2009/10 Original Final Appropriation Change Appropriation 6270 Small Tools and Equipment 1,000 1,000 2,000 6290 Safety Equipment and Supplies 1,500 0 1,500 8300 Capital - Equipment 0 0 0 8400 Capital -Vehicles 0 0 0 9920 Purchase Service- Risk Management 114,164 0 114,164 9922 Purchase Service- Information Technology 8,559 0 8,559 Total Public Works -Streets Division 2,668,501 20,445 2,688,946 Parks and Recreation Department(100.41) 4010 Salaries - Regular 643,912 10,112 654,024 4030 Salaries -Part Time 49,804 0 49,804 4050 Overtime- Regular 14,000 0 14,000 4110 Salaries -Seasonal 261,700 0 261,700 4190 Salary Adjustment 18,812 (18,812) 0 4310 Health/Life Insurance 149,332 5,000 154,332 4320 Dental Insurance 7,398 0 7,398 4330 Life Insurance 904 0 904 4340 Vision Insurance 0 700 700 4410 FICA/Medicare 75,599 0 75,599 4420 IMRF Retirement 75,050 0 75,050 4510 Uniform Allowance 5,471 0 5,471 5110 Contractual Services 186,850 0 186,850 5310 Postage and Meter 5,923 0 5,923 5320 Telephone 12,000 0 12,000 5330 Printing and Publishing 14,300 0 14,300 5370 Repair and Maintenance-Vehicles 8,000 3,000 11,000 5410 Dues 140,588 0 140,588 5420 Travel Expense 0 100 100 5430 Training 1,450 (100) 1,350 5440 Tuition Reimbursement 0 0 0 5450 Publications 500 0 500 5510 Utilities 46,300 0 46,300 6110 Materials and Supplies 123,000 0 123,000 6210 Office Supplies 3,000 0 3,000 6250 Fuel and Lubricants-Vehicles 21,600 0 21,600 6270 Small Tools & Equipments 2,500 0 2,500 6920 Special Events 31,600 0 31,600 6950 Forestry Expenses 20,000 0 20,000 8300 Capital - Equipment 0 0 0 8400 Capital -Vehicles 0 0 0 8800 Capital - Park Improvements 0 0 0 9920 Purchase Service- Risk Management 72,607 0 72,607 9922 Purchase Service- Information Technology 36,807 0 36,807 Total Parks and Recreation Department 2,029,007 0 2,029,007 Total General Fund 16,294,746 0 16,294,746 SPECIAL REVENUE FUNDS Tourism Fund (200) 5110 Contractual 14,500 0 14,500 5 2009/10 2009110 Original Final Appropriation Change Appropriation 6940 Administrative Expenses 35,750 (12,560) 23,190 9942 Transfer-CIF 0 12,560 12,560 Total Tourism Fund 50,250 0 50,250 Pageant Fund (205) 5110 Contractual 4,500 0 4,500 6110 Materials and Supplies 1,000 0 1,000 6940 Administrative Expense 600 0 600 Total Pageant Fund 6,100 0 6,100 Band Fund (210) 5110 Contractual 15,000 0 15,000 6110 Materials and Supplies 2,000 0 2,000 Total Band Fund 17,000 0 17,000 Civil Defense Fund (220) 5375 Repairs and Maintenance- Equipment 1,200 7,000 8,200 6110 Materials and Supplies 1,000 0 1,000 Total Civil Defense Fund 2,200 7,000 9,200 Audit Fund (230) 5110 Contractual Services 34,200 150 34,350 Total Audit Fund 34,200 150 34,350 Annexation Fund (260) 6970 Distribution Operating Fees 115,000 0 115,000 8100 Capital- Land Acquisition 0 0 0 9942 Transfer-Capital Improvement 33,000 45,000 78,000 Total Annexation Fund 148,000 45,000 193,000 Motor Fuel Tax Fund (270) 6110 Materials and Supplies 306,000 (50,000) 256,000 8600 Capital Street Improvements 0 0 0 9904 Transfer- Debt Service 493,650 410,000 903,650 9942 Transfer-Capital Improvements Fund 75,000 0 75,000 Total Motor Fuel Tax Fund 874,650 360,000 1,234,650 Developer Donation Fund (280) 6970 Distributions-Schools 115,000 (35,000) 80,000 6980 Distributions- Library District 25,000 (10,000) 15,000 6990 Distributions - Fire Protection District 25,000 (10,000) 15,000 Total Developer Donation Fund 165,000 (55,000) 110,000 Developer Donation Fund -Parks(280.41) 8800 Capital - Park Improvements 0 175,000 175,000 9902 Transfer- Rec Center Construction Fund 82,500 (15,000) 67,500 9942 Transfer-Capital Improvements 165,000 0 165,000 Total Developer Donation Fund -Parks 247,500 160,000 407,500 Tax Increment Fund (290) 5110 Contractual Services 25,000 0 25,000 8900 Public Improvements 0 0 0 9901 Transfer-General Fund 3,500 0 3,500 6 2009/10 2009/10 Original Final Appropriation Change Appropriation 9904 Transfer- Debt Service Fund 238,830 0 238,830 Total Tax Increment Fund 267,330 0 267,330 DEBT SERVICE FUNDS Debt Service Fund (300) 7100 Bond Principal Payments 1,095,000 400,000 1,495,000 7200 Bond Interest Payments 480,192 55,000 535,192 7300 Paying Agent Fees 2,125 60,000 62,125 7500 Bond Refunding 0 2,000,000 2,000,000 7510 Refunding Discount 0 7,862 7,862 Total Debt Service Fund 1,577,317 2,522,862 4,100,179 CAPITAL PROJECTS FUNDS Special Service Area#1A(420) 9904 Transfer- Debt Service 27,796 0 27,796 Total Special Service Area#1A 27,796 0 27,796 Special Service Area#4A(424) 9936 Transfer- Utility Improvements Fund 16,847 0 16,847 Total Special Service Area#1A 16,847 0 16,847 Capital Improvements Fund (440) 8100 Capital - Land Acquisition 0 0 0 8200 Capital - Building Improvements 50,000 0 50,000 8600 Capital -Street Improvements 282,500 0 282,500 8800 Capital - Park Improvements 165,000 0 165,000 8900 Capital -Other Improvements 0 0 0 Total Capital Improvements Fund 497,500 0 497,500 ENTERPRISE FUNDS WATERISEWER FUND Public Works -Water Division (510.31) 4010 Salaries- Regular 621,046 0 621,046 4050 Overtime- Regular 36,000 0 36,000 4110 Salaries-Seasonal 11,500 0 11,500 4190 Salary Adjustments 16,084 (16,084) 0 4310 Health/Life Insurance 140,499 16,084 156,583 4320 Dental Insurance 1,760 800 2,560 4330 Life Insurance 725 0 725 4340 Insurance Premiums Vision 0 500 500 4410 FICA/Medicare 52,374 0 52,374 4420 IMRF Retirement 71,823 0 71,823 4510 Uniform Allowance 5,225 0 5,225 5110 Contractual Services 82,500 0 82,500 5310 Postage and Meter 3,500 0 3,500 5320 Telephone 11,220 0 11,220 7 2009/10 2009/10 Original Final Appropriation Change Appropriation 5370 Repair and Maintenance-Vehicles 9,000 0 9,000 5410 Dues 500 0 500 5430 Training Expenses 3,000 0 3,000 5440 Tuition Reimbursement 1,750 0 1,750 5510 Utilities 150,000 0 150,000 6110 Materials and Supplies 297,000 (20,300) 276,700 6210 Office Supplies 1,250 0 1,250 6250 Fuel and Lubricants-Vehicles 18,000 0 18,000 6270 Small Tools and Equipment 2,500 0 2,500 8200 Capital - Buildings 55,000 0 55,000 8300 Capital - Equipment 12,000 0 12,000 8400 Capital -Vehicles 18,000 0 18,000 9510 Depreciation Expense 350,000 0 350,000 9904 Transfer- Debt Service Fund 73,553 0 73,553 9920 Purchase Service- Risk Management 52,296 0 52,296 9921 Purchase Service-General Fund 200,162 0 200,162 9922 Purchase Service- Information Technology 8,898 0 8,898 9923 Purchase Service-Audit Fund 3,638 0 3,638 9936 Transfer- Utility Improvements Fund 0 0 0 9942 Transfer-Capital Improvements Fund 17,400 19,000 36,400 Total Public Works -Water Division 2,328,203 0 2,328,203 Public Works -Wastewater Division (510.32) 4010 Salaries - Regular 629,658 0 629,658 4050 Overtime- Regular 40,000 0 40,000 4190 Salary Adjustments 5,000 (5,000) 0 4110 Salaries-Seasonal 17,264 0 17,264 4310 Health/Life Insurance 126,957 5,000 131,957 4320 Dental Insurance 4,817 0 4,817 4330 Life Insurance 690 0 690 4410 FICA/Medicare 52,932 0 52,932 4420 IMRF Retirement 73,295 0 73,295 4510 Uniform Allowance 5,225 0 5,225 5110 Contractual Services 94,500 0 94,500 5310 Postage and Meter 2,500 0 2,500 5320 Telephone 16,000 0 16,000 5370 Repair and Maintenance-Vehicles 15,000 0 15,000 5375 Repair and Maintenance- Equipment 75,000 0 75,000 5380 Repair and Maintenance- Utility System 30,000 0 30,000 5410 Dues 200 0 200 5430 Training Expenses 1,250 0 1,250 5440 Tuition Reimbursement 875 0 875 5450 Publications 100 0 100 5510 Utilities 315,000 0 315,000 5580 Disposal 170,000 0 170,000 6110 Materials and Supplies 180,000 0 180,000 6210 Office Supplies 500 0 500 6250 Fuel and Lubricants-Vehicles 20,000 0 20,000 8400 Capital -Vehicles 0 0 0 9510 Depreciation Expense 680,000 0 680,000 9904 Transfer- Debt Service Fund 9,348 0 9,348 9920 Purchase Service- Risk Management 59,471 0 59,471 9921 Purchase Service-General Fund 215,362 0 215,362 9922 Purchase Service- Information Technology 3,633 0 3,633 8 2009/10 2009/10 Original Final Appropriation Change Appropriation 9923 Purchase Service-Audit Fund 3,494 0 3,494 9936 Transfer- Utility Improvements Fund 0 0 0 9942 Transfer-Capital Improvements Fund 2,500 0 2,500 Total Public Works -Wastewater Division 2,850,571 0 2,850,571 Total Water/Sewer Fund 5,178,774 0 5,178,774 Capital Development Fund (550) 9940 Transfer- Utility Improvements Fund 0 0 0 Total Capital Development Fund 0 0 0.00% Utility Improvements Fund (580.31 &32) 8500 Capital -Water Utility Improvements 0 70,000 70,000 8500 Capital- Sewer Utility Improvements 0 450,000 450,000 Total Utility Improvements Fund 0 520,000 520,000 Marina Operations Fund (590) 5110 Contractual Services 30,000 0 30,000 6940 Administrative Expenses 19,000 0 19,000 Total Marina Operations Fund 49,000 0 49,000 INTERNAL SERVICE FUNDS Health Insurance Fund (600) 4310 Insurance Premiums- Health/Vision 1,380,875 280,000 1,660,875 4315 Insurance Premiums-Other 280,000 (280,000) 0 4320 Insurance Premiums - Dental 62,000 0 62,000 4340 Insurance Premiums -Vision 9,287 0 9,287 5240 Claims 160,000 0 160,000 6960 Miscellaneous Expense 1,000 0 1,000 1,893,162 1,893,162 Risk Management Fund (610) 5950 MCMRMA Premiums 700,000 0 700,000 5960 Insurance Premiums -Other 1,850 0 1,850 5980 Property Damage 50,000 0 50,000 6940 Administrative Expense 4,250 0 4,250 6960 Miscellaneous Expense 500 0 500 9921 Purchase of Service-General Fund 19,500 0 19,500 Total Risk Management Fund 776,100 0 776,100 Information Technology Fund (620) 4010 Salaries - Regular 131,592 0 131,592 4190 Salary Adjustment 2,609 0 2,609 4310 Health/Life Insurance 28,128 0 28,128 4320 Dental Insurance 886 0 886 4330 Life Insurance 138 0 138 4410 FICA/Medicare 10,266 0 10,266 4420 IMRF Retirement 14,319 0 14,319 4510 Uniforms 350 0 350 5110 Contractual Services 94,372 (7,000) 87,372 5320 Telephone 2,500 0 2,500 5410 Dues 750 0 750 9 2009/10 2009110 Original Final Appropriation Change Appropriation 5420 Travel 325 0 325 5430 Training 700 0 700 5440 Tuition Reimbursement 0 0 0 5450 Publications 100 0 100 6110 Materials &Supplies 15,140 0 15,140 6210 Office Supplies 17,200 0 17,200 6270 Small Tools and Equipment 44,450 7,000 51,450 9510 Depreciation Expense 10,500 0 10,500 Total Information Technology Fund 374,325 0 374,325 FIDUCIARY FUNDS Employee Flexible Spending Fund (700) 6965 Reimbursements 110,000 0 110,000 Total Employee Flexible Spending Fund 110,000 0 110,000 Police Pension Fund (760) 4910 Pension Payments 1,100,000 0 1,100,000 4920 Disability Payments 100,000 0 100,000 4930 Death Benefit Payments 48,000 0 48,000 4940 Non-Duty Disability Benefit Payments 60,000 0 60,000 5110 Contractual Services 45,000 0 45,000 5410 Dues 2,000 0 2,000 5985 Annual Compliance Fee 3,200 0 3,200 9923 Purchase of Service-Audit Fund 3,100 0 3,100 Total Police Pension Fund 1,361,300 0 1,361,300 Development Escrow(720) 6961 Miscellaneous Refunds 0 50,000 50,000 9901 Transfer General Fund 0 88,778 88,778 9942 Transfer Capital Improvements Fund 0 911,122 911,122 Total Development Escrow Fund 0 1,049,900 1,049,900 McHenry Economic Dev. Fund (730) 6960 Miscellaneous Expense 100 0 100 Total McHenry Economic Dev. Fund 100 0 100 Retained Personnel Fund (740) 5220 Engineering Fees -Consultant 150,000 0 150,000 5221 Engineering Fees -Staff 0 0 0 5230 Legal Fees 30,000 0 30,000 6960 Miscellaneous Expense 1,000 0 1,000 Total Retained Personnel Fund 181,000 0 181,000 Total All Funds $ 30,150,197 $ 4,609,912 34,760,109 10 SECTION 2: All unexpended of any item or items of general appropriations made by this Ordinance may be expended in making up any insufficiency in any items in the same general appropriation and for the same general purposes or in a like appropriation made by this ordinance. SECTION 3: This Ordinance shall take effect from and after its passage, approval and publication according to law. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. Voting Aye: Voting Nay: Absent: Abstain: APPROVED: Mayor Susan E. Low (SEAL) ATTEST: City Clerk Janice C. Jones Passed: Approved: CONSENT AGENDA TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: April 19, 2010, Regular City Council Meeting RE: Nicolino's Trackside, 621 Ridgeview Drive Joe Bono of Nicolino's Trackside located at 621 Ridgeview Drive is hosting a Kentucky Derby party on Saturday, May 1st from 11:00 AM to 7:00 PM. Mr. Bono is requesting a special event liquor license to allow outdoor service and consumption of alcohol in a tent setup in the parking lot of his establishment. Mr. Bono has submitted an application for special event liquor license, temporary use permit for a tent, and will have portable toilets available for his patrons at the event. Recommendation: To approve the request as presented from Nicolino's Trackside for a special event liquor license on Saturday, May 1, 2010, from 11:00 AM to 7:00 PM. CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: April 19, 2010 Regular City Council Meeting RE: McHenry Area Youth Commission Summer Program Field Trips Recommendation: To approve the request made by the McHenry Area Youth Commission to waive admission and canoe rental fees for the Petersen Park Beach on July 1, 2010. The McHenry Area Youth Commission has scheduled a field trip to the Petersen Park Beach this summer and is requesting that the city waive fees for admission to the beach and canoe rentals. The field trip is scheduled for Thursday, July 1st Approximately 50 children and five staff members will be participating in the event. CONSENT AGENDA TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: April 19, 2010 Regular City Council Meeting RE: Compliance with State of Illinois Premise Alert Program Recommendation: To approve the attached General Order as required by the State of Illinois Public Act 96-0788. The Illinois Premise Alert Program provides for public safety agencies in the State of Illinois to allow people with special needs to provide information to police, fire, and EMS personnel to be kept in a confidential database. When necessary, the information can then be provided to responders dealing with situations involving special needs individuals. Staff is recommending City Council approval of the attached General Order as required by Public Act 96-0788. • CITY OF MCHENRY POLICE DEPARTMENT [[ 333 S. Green Street, McHenry, Illinois 60050 General Order Number Effective Date GENERAL ORDER 81.4 April 1, 2010 Subject Premise Alert Program (DRAFT) Rescinds/Replaces Last Reviewed/Revised; Reference 430ILCS 132/1-99 CALEA Standard Distribution: Classification: -Pages Master File Copy Chapter 81,Sec.9 4. All Employees Auxiliary&Technical Services,Tab 9 I. PURPOSE The purpose of this order is to provide members of the McHenry Police Department with guidelines and procedures for compliance with the Illinois Premise Alert Program. H. POLICY It shall be the policy of the City of McHenry Police Department to fully comply with the Illinois Premise Alert Program, (430 MCS 132/1-99) in order to effectively and efficiently provide consistently high levels of public services to those citizens of the City of McHenry who may require special considerations in order to access those services. III. DEFINITIONS A. Computer Aided Dispatch (CAD): A database maintained by the public safety agency,or a public safety answering point used in conjunction with 9-1-1 caller data. B. Disability: An individual's physical or mental impairment that substantially limits one or more of the Major life activities;a record of such impairment;or when the individual is regarded as having such Impairment. C. Premise Alert Program(PAP): A computer aided dispatch database of individuals with special needs maintained by public safety agencies. D. Public Safety Agency: A functional division of a public agency that provides firefighting,police, medical,or other emergency services. E. Special Needs Individuals: Those individuals who have,or are at increased risk for a chronic physical, developmental,behavioral,or emotional condition, and who also require health and related services of a type or amount beyond that required by individuals,generally. IV. PROCEDURES A. GENERAL PROVISIONS 1.The ability for law enforcement to effectively deal with special needs individuals is enhanced with knowledge or information.The ability to identify special needs individuals,their places of employment,educational facilities, and residences are valuable resources during contacts with these individuals by law enforcement or fire/EMS personnel. 1 General Order Number 84.1 Premise Alert Program 2. By statute,it is the intent of the Premise Alert Program to offer guidance and direction to public safety workers in responding to, and assisting those people with special needs or disabilities or both,with whom they will have contact in the performance of their duties and responsibilities. 3. It should be noted that citizens electing to participate in the Illinois Premise Alert Program must be advised that the provision of special needs information will not result in preferential treatment toward the individual registered in the PAP. A. REPORTING OF SPECIAL NEEDS INDIVIDUALS I. By statute,public safety agencies shall make reasonable efforts to publicize the Premise Alert Program(PAP)database. Means of publicizing the database include,but are not limited to pamphlets and websites.The McHenry Police Department has developed a pamphlet which contains program information and a registration sheet to be completed by the appropriate person which provides the needed information to allow for verification of the disability or special need,and to allow entry into the CAD system. The information contained on the pamphlet is also posted on the Department's website. 2. Individuals qualifying for the PAP can have the necessary information entered into the CAD system in two methods: a. Families,caregivers, or the individuals with disabilities or special needs may contact their local law enforcement agency,fire department,or fire protection district and provide the necessary information and verification needed for entry. b. McHenry Police Department personnel are to be cognitive for special needs individuals they may encounter as they respond to calls for service.If police employees are able identify individuals who have special needs,they shall try to ascertain as specifically as possible what that special need might be.They should also attempt to verify the special need as provided in one or the following methods: I- Acceptable means of verifying a special need for purposes of this program shall include statements by: a) The individual b) Family members c) Friends d) Caregivers e) Medical personnel familiar with the individual 2- No individual may be entered into a PAP database unless the special need has been verified. B. COMMUNICATION DIVISION RESONSIBILITIES 1. The Communications Division will be the central point of contact for the processing of the Premise Alert Program information within the McHenry Police Department.It shall be the responsibility of the Communications Division to process a registration sheet for the McHenry Police Department and,after creating the appropriate record for retention within the Department,forward the original to the Emergency Telephone System Board for entry into the CAD system. 2 General Order Number 84.1 Premise Alert Program a. The appropriate record for retention for the McHenry Police Department will consist of the registration sheet copied to the back of the standardized record keeping sheet used to record the date of receipt,date of forwarding to E911,date of review,and renewal date, if appropriate. b. All information entered into the PAP database must be updated every two(2)years or when such information changes 2. Information received at the McHenry Police Department for one of the police or fire agencies for which we provide dispatch services, shall be accepted and forwarded to the correct agency as soon as possible for their processing. 3. When special needs information comes up in a CAD database in relation to a call for service,the Telecommunicator shall make certain that the information has also been included in any call for service information relayed by MDC,or they will relay that information to responding personnel,whether through directed message or voice communication. 4. Communications personnel designated by this policy to control data furnished to the E911 Office to be entered into the PAP database, shall adhere to this policy at all times,and shall not disseminate any such information without authorization. D. CONFIDENTIALITY I. The information gathered as part of PAP shall remain strictly confidential.The information shall be used only to provide assistance to Fire,EMS and Law Enforcement personnel. 2. No McHenry Police Department employee shall knowingly violate this confidentiality clause.It is strictly prohibited for any McHenry Police Department personnel to utilize any information obtained in conjunction with this program for any purpose other that law enforcement or public safety related purposes. 3. Except for willful or wanton misconduct,McHenry Police Department employees shall not be subject to civil liabilities for duties relating to the reporting of special needs individuals. Established by the Order of: City Council Review Effective Date Classification: Chapter 81,Sec.9 Auxiliary &Technical Services,Tab 9 Chief William J.Brogan 3 General Order Number 84.1 Premise Alert Program MCHENRY POLICE PREMISE ALERT PROGRAM NOTIFICATION FORM Please Print Legibly ❑ New ❑ Change Information ❑ Remove Information ❑ Renewal Special Needs Person Information: Name: Date of Birth: ❑ Male ❑ Female Height: Weight: Eyes: Hair: Home address: Apt. # City: State: Zip: Phone Home: Cell: Work: Place of employment: Address: City: State: Zip: Educational Facility: (if applicable) Phone Address: City: State: Zip: Special Needs Information: Please advise the nature of Special Needs for this individual: Please advise what type of precautions(if any)that Emergency Services Personnel should be aware of: Emergency Contact Name: Relationship: Address: City: State: ZIP: Phone Home: Cell: Work: I understand: ➢ By completing and submitting this form I hereby verify the above person has a physical or mental impairment requiring the above listed special needs and I hereby give permission to the McHenry Police Department to enter this information into the secured Premise Alert Program (PAP) database in the McHenry Police Department Communications Center.This information will be provided to first responders prior to their arrival at the scene. ➢ This information will remain confidential and used only by McHenry Police personnel and conforms to the Illinois Public Act 96-0788. ➢ By furnishing this information it does not result in preferential service or create a special duty on the part of the McHenry Police toward anyone associated with the listed person or the person themselves. ➢ This information is kept on file for two (2)years and if any of the above information changes I am responsible for notifying the McHenry Police Department by filing an amended request form. ➢ This information automatically expires in two (2)years from the date it is received by the Police Department and that I must renew the form prior to expiration if I want the information to remain in the database. ➢ By signing and submitting this form I certify I have read and understand this form in its entirety and I hereby give my permission for my name and phone number to be released to the emergency and law enforcement agencies of McHenry County. I understand this information will remain confidential and used only by police, fire, EMS and 9-1-1 personnel. Information Provider: Print Name: Relationship: Signed: Date: MPD USE ONLY: DATE RECEIVED: DATE FORWARDED TO E911: DATE CONFIRMED IN PAP DATABASE: EXPIRATION DATE: ,DATE 4/14/2010 10:53 AM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 4/19/10 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 -----=-------------------------------------------`----------------------------------- 10040319 100 33 1071 ACE HARDWARE, BJORKMAN'S OLD INV MATERIALS & SUPPLIES 04/19/10 0 041310 35.75 100.33.6110 1004 041310 GLJO108 35.75 041310 10040320 510 31 1071 ACE HARDWARE, BJORKMAN'S OLD INV MATERIALS & SUPPLIES 04/19/10 0 041310 109.81 510.31.6110 1004 041310 GLJO108 109.81 041310 10040321 100 XXXXX 1071 ACE HARDWARE, BJORKMAN'S MARCH 2O10MATERIALS & SUPPLIES 04/19/10 0 041310 1,981.18 100.01.6110 1004 041310 GLJO108 204.94 041310 100.33.6110 1004 041310 GLJ0108 755.75 041310 100.33.4510 1004 041310 GLJO108 339.15 041310 100.41.6950 1004 041310 GLJO108 30.58 041310 100.43.6110 1004 041310 GLJO108 99.99 041310 100.45.6110 1004 041310 GLJO108 446.31 041310 100.45.4510 1004 041310 GLJO108 104.46 041310 10040322 510 XXXXX 1071 ACE HARDWARE, BJORKMAN'S MARCH 2O10MATERIALS & SUPPLIES 04/19/10 0 041310 663.42 510.31.4510 1004 041310 GLJO108 149.63 041310 510.31.6110 1004 041310 GLJO108 193.67 041310 510.32.6110 1004 041310 GLJ0108 320.12 041310 10040605 100 33 1106 ADAMS STEEL SERVICE INC 289169SUPPLIES 04/19/10 0 041410 33.12 100.33.5370 1004 041410 GLJO115 33.12 041410 10040606 100 33 1106 ADAMS STEEL SERVICE INC 289050SUPPLIES 04/19/10 0 041410 576.00 100.33.6110 1004 041410 GLJO115 576.00 041410 10040607 100 33 1106 ADAMS STEEL SERVICE INC 4793 YEARLY BOTTLE RENT 04/19/10 0 041410 120.00 100.33.6110 1004 041410 GLJO115 120.00 041410 10040323 100 41 1 AGUILAR, JEAN PARKS PROGRAM REFUND 04/19/10 0 041310 36.00 100.41.3636 1004 041310 GLJO108 36.00 041310 10040324 100 47 1501 ANDREWS, MAUREEN J 3/18-4/8 VOLLEYBALL REF 04/19/10 0 041310 132.00 100.47.5110 1004 041310 GLJO108 132.00 041310 10040325 100 33 1632 ARAMARK 13388870 EMPLOYEE UNIFORMS 04/19/10 0 041310 174.97 100.33.4510 1004 041310 GLJO108 174.97 041310 10040326 100 33 1632 ARAMARK 13360097 EMPLOYEE UNIFORMS 04/19/10 0 041310 127.45 100.33.4510 1004 041310 GLJO108 127.45 041310 10040327 100 33 1632 ARAMARK 13356317 USE OF GIFT CARD 04/19/10 0 041310 1.01- 100.33.4510 1004 041310 GLJO108 1.01CR 041310 10040328 510 31 1632 ARAMARK 13301754 EMPLOYEE UNIFORMS 04/19/10 0 041310 220.85 510.31.4510 1004 041310 GLJO108 220.85 041310 10040329 100 33 1632 ARAMARK 13370483 EMPLOYEE UNIFORMS 04/19/10 0 041310 33.96 100.33.4510 1004 041310 GLJO108 33.96 041310 10040330 100 XXXXX 1450 AT&T APRIL 2010ALARM CIRCUITS 04/19/10 0 041310 105.93 DATE 4/14/2010 10:53 AM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 4/19/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 100.43.5320 1004 041310 GLJO108 28.02 041310 100.46.5320 1004 041310 GLJO108 28.52 041310 100.33.5320 1004 041310 GLJO108 49.39 041310 10040331 510 XXXXX 1450 AT&T APRIL 2010ALARM CIRCUITS 04/19/10 0 041310 10.99 510.31.5320 1004 041310 GLJO108 9.70 041310 510.32.5320 1004 041310 GLJO108 1.29 041310 10040332 XXXXX XXXXX 1450 AT&T APRIL 2010CENTREX PHONE LINES 04/19/10 0 041310 2,693.90 100.01.5320 1004 041310 GLJO108 550.58 041310 100.02.5320 1004 041310 GLJO108 54.63 041310 100.22.5320 1004 041310 GLJO108 673.24 041310 100.30.5320 1004 041310 GLJO108 224.52 041310 100.33.5320 1004 041310 GLJO108 564.59 041310 100.41.5320 1004 041310 GLJO108 109.27 041310 620.00.5110 1004 041310 GLJO108 131.85 041310 100.45.5320 1004 041310 GLJO109 166.39 041310 100.44.5320 1004 041310 GLJO108 109.56 041310 100.43.5320 1004 041310 GLJO108 54.63 041310 100.42.5320 1004 041310 GLJO108 54.64 041310 10040333 510 XXXXX 1450 AT&T APRIL 2010CENTREX PHONE LINES 04/19/10 0 041310 722.95 510.31.5320 1004 041310 GLJO108 446.85 041310 510.32.5320 1004 041310 GLJO108 276.10 041310 10040608 100 01 1452 AT&T LONG DISTANCE 857237047 LONG DISTANCE PHONE SERVICE 04/19/10 0 041410 .57 100.01.5320 1004 041410 GLJO115 .57 041410 10040609 100 XXXXX 1452 AT&T LONG DISTANCE 813828058 LONG DISTANCE PHONE SERVICE 04/19/10 0 041410 103.66 100.01.5320 1004 041410 GLJO115 97.20 041410 100.22.5320 1004 041410 GLJO115 .37 041410 100.30.5320 1004 041410 GLJO115 .35 041410 100.33.5320 1004 041410 GLJO115 5.11 041410 100.41.5320 1004 041410 GLJO115 .55 041410 100.45.5320 1004 041410 GLJO115 .08 041410 10040610 510 XXXXX 1452 AT&T LONG DISTANCE 813828058 LONG DISTANCE PHONE SERVICE 04/19/10 0 041410 7.91 510.31.5320 1004 041410 GLJO115 5.30 041410 510.32.5320 1004 041410 GLJO115 2.61 041410 10040611 100 41 7 AUBUCHON, CHRISTINE 7/20/09 CHECK RE-ISSUE FOR PARK REF 04/19/10 0 041410 12.00 100.41.3634 1004 041410 GLJO115 12.00 041410 10040334 100 00 2 BAGLIO, MICHAEL REFUND PERMIT #10-04-016 04/19/10 0 041310 30.00 100.00.3410 1004 041310 GLJO108 30.00 041310 10040336 300 00 2021 BANK OF NEW YORK, THE 2521459601BOND ADMINISTRATION FEE 04/19/10 0 041310 600.00 300.00.7300 1004 041310 GLJO108 600.00 041310 10040612 100 33 2023 BARTA, RON CLOTHING ALLOWANCE REIMB 04/19/10 0 041410 23.43 100.33.4510 1004 041410 GLJO115 23.43 041410 -DATE 4/14/2010 10:53 AM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 4/19/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 10040613 100 22 2765 BUSS FORD SALES 36156 VEHICLE REPAIR PARTS 04/19/10 0 041410 515.86 100.22.5370 1004 041410 GLJ0115 515.86 041410 10040614 100 22 2765 BUSS FORD SALES 36211 VEHICLE REPAIR PARTS 04/19/10 0 041410 58.10 100.22.5370 1004 041410 GLJ0115 58.10 041410 10040337 100 46 3265 CHRISTIE, BRITTANY 4/9/10PARKS PROGRAM INSTRUCTOR 04/19/10 0 041310 748.00 100.46.5110 1004 041310 GLJ0108 352.00 041310 100.46.5110 1004 041310 GLJ0108 396.00 041310 10040615 100 33 3266 CHRISTOPHER, DAVID CLOTHING ALLOWANCE REIMB 04/19/10 0 041410 103.76 100.33.4510 1004 041410 GLJ0115 103.76 041410 10040339 100 33 3509 COMCAST CABLE 4/12-5/11 INTERNET SERVICES 04/19/10 0 041310 50.01 100.33.5320 1004 041310 GLJO108 50.01 041310 10040340 510 XXXXX 3509 COMCAST CABLE 4/12-5/11 INTERNET SERVICES 04/19/10 0 041310 25.77 510.31.5320 1004 041310 GLJ0108 22.73 041310 510.32.5320 1004 041310 GLJ0108 3.04 041310 10040341 100 41 3538 CONNEY SAFETY PRODUCTS 3644459 SUPPLIES 04/19/10 O 041310 169.03 100.41.6110 1004 041310 GLJ0108 169.03 041310 10040342 100 33 3753 CUSTOM LANDSCAPING NO INV # TOPSOIL 04/19/10 0 041310 420.00 100.33.6110 1004 041310 GLJ0108 420.00 041310 10040343 590 00 3753 CUSTOM LANDSCAPING 4/8/10TOPSOIL 04/19/10 0 041310 60.00 590.00.5110 1004 041310 GLJO108 80.00 041310 10040344 100 45 3753 CUSTOM LANDSCAPING APRIL 1+2 TOPSOIL 04/19/10 0 041310 225.00 100.45.6110 1004 041310 GLJ0108 225.00 041310 10040345 510 32 4004 D'ANGELO NATURAL SPRING MARCH 2010DISTILLED WATER 04/19/10 0 041310 46.50 510.32.6110 1004 041310 GLJO108 46.50 041310 10040346 100 01 4317 D'S MARINE SERVICE INC 430693BOAT MOTOR REPAIRS 04/19/10 0 041310 42.50 100.01.5110 1004 041310 GLJ0108 42.50 041310 10040347 620 00 4530 DOCUMENT IMAGING DIMENSI 64567 PRINTER TONER CARTRIDGES 04/19/10 0 041310 318.00 620.00.6210 1004 041310 GLJ0108 33 318.00 041310 10040616 100 22 4560 DOUG'S TRANSMISSIONS 10-1081 VEHICLE REPAIRS 04/19/10 0 041410 1,285.00 100.22.5370 1004 041410 GLJ0115 1285.00 041410 10040617 510 32 4742 DUFFY, DANIEL SAFETY BOOT REIMB 04/19/10 0 041410 87.95 510.32.4510 1004 041410 GLJ0115 87.95 041410 10040618 100 33 5107 ED'S RENTAL & SALES INC 135211001 VEHICLE REPAIR PART 04/19/10 O 041410 80.49 100.33.5370 1004 041410 GLJ0115 80.49 041410 DATE 4/14/2010 10:53 AM CITY OF MCHENRY PAGE- 4 4 LIST OF BILLS COUNCIL MEETING 4/19/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 10040619 100 33 5309 EJ EQUIPMENT 37547 VEHICLE REPAIR PART 04/19/10 0 041410 62.27 100.33.5370 1004 041410 GLJO115 62.27 041410 10040348 100 01 5393 ELM STREET DESIGN 7363 SIGNS 04/19/10 0 041310 90.00 100.01.6110 1004 041310 GLJO108 90.00 041310 10040349 100 22 6390 FLESCH COMPANY INC, GORD OR576ACOPIER SUPPLIES 04/19/10 0 041310 122.84 100.22.6110 1004 041310 GLJO108 122.84 041310 10040350 100 22 6390 FLESCH COMPANY INC, GORD OR576000PIER SUPPLIES 04/19/10 0 041310 428.03 100.22.6110 1004 041310 GLJO108 428.03 041310 10040620 100 33 6559 FOXCROFT MEADOWS INC 36217 GRASS SEED & STRAW BLANKET 04/19/10 0 041410 410.40 100.33.6110 1004 041410 GLJO115 410.40 041410 10040621 510 31 6559 FOXCROFT MEADOWS INC 36217 STRAW BLANKETS 04/19/10 0 041410 387.60 510.31.6110 1004 041410 GLJO115 387.60 041410 10040351 510 32 5 GENDE, MICHAEL 1320020909WATER/SWER OVERPAYMENT REFU 04/19/10 0 041310 28.03 510.32.3660 1004 041310 GLJO108 28.03 041310 10040360 100 01 7155 GERAGHTY, MARCI CLOTHING ALLOWANCE REIMB 04/19/10 0 041310 84.14 100.01.4510 1004 041310 GLJO109 84.14 041310 10040352 510 32 5 GETZ, JAMES 1078170900WATER/SEWER OVERPAYMENT REF 04/19/10 0 041310 44.29 510.32.3660 1004 041310 GLJO108 44.29 041310 10040622 100 33 7641 GREVE, CLINT CLOTHING ALLOWANCE REIMB 04/19/10 0 041410 121.66 100.33.4510 1004 041410 GLJO115 121.66 041410 10040623 100 47 7643 GROVE, KELLY 1/13-4/14 PARKS PROGARM INSTRUCTOR 04/19/10 0 041410 487.50 100.47.5110 1004 041410 GLJO115 487.50 041410 10040353 510 31 8009 HACH COMPANY 6676905 SUPPLIES 04/19/10 0 041310 338.06 510.31.6110 1004 041310 GLJO108 338.06 041310 10040624 100 33 8022 HARM'S FARM 15766 STRAW 04/19/10 0 041410 56.00 100.33.6110 1004 041410 GLJO115 56.00 041410 10040354 510 32 5 HENRY, WILLIAM 2011472000WATER/SEWER OVERPAYMENT REF 04/19/10 0 041310 36.62 510.32.3660 1004 041310 GLJO108 36.62 041310 10040355 510 32 5 HIGGINS, RICHARD 1027321407WATER/SEWER OVERPAYMENT REF 04/19/10 0 041310 10.20 510.32.3660 1004 041310 GLJO108 10.20 041310 10040625 100 XXXXX 8529 HOBSON, BILL FLEX REPLACEMENT CHECK 04/19/10 0 041410 192.31 100.220 1004 041410 GLJO115 192.31 041410 10040626 100 01 9500 INNOVATIVE PACKAGING INC IVC22864 SUPPLIES 04/19/10 0 041410 1,800.00 100.01.6110 1004 041410 GLJO115 1800.00 041410 ,DATE 4/14/2010 10:53 AM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 4/19/10 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 ---------------------------------------------------------------------------------------------------------------------------------- 10040356 510 31 10528 JOHNSON, SEAN CLOTHING ALLOWANCE REIMB 04/19/10 0 041310 117.69 510.31.4510 1004 041310 GLJ0108 117.69 041310 10040357 100 22 11025 KALE UNIFORMS INC 437375SUPPLIES 04/19/10 0 041310 597.81 100.22.6110 1004 041310 GLJ0108 597.81 041310 10040358 100 22 11025 KALE UNIFORMS INC 437844SUPPLIES 04/19/10 0 041310 40.99 100.22.6110 1004 041310 GLJ0108 40.99 041310 10040359 100 45 11286 KIMBALL MIDWEST 1451031 SUPPLIES 04/19/10 0 041310 159.07 100.45.6110 1004 041310 GLJ0108 191.93 041310 100.45.6110 1004 041310 GLJ0108 EARLY PAY DISCOUNT 32.86CR 041310 10040627 100 33 11286 KIMBALL MIDWEST 1451016 SUPPLIES 04/19/10 0 041410 117.36 100.33.5370 1004 041410 GLJO115 128.48 041410 100.33.5370 1004 041410 GLJO115 EARLY PAY DISCOUNT 11.12CR 041410 10040361 510 32 5 MATTOS, AL 2027171703WATER/SEWER OVERPAYMENT REF 04/19/10 0 041310 18.96 510.32.3660 1004 041310 GLJ0109 18.96 041310 10040367 100 33 14069 MCCANN INDUSTRIES INC 11023687 VEHICLE REPAIR PARTS 04/19/10 0 041310 2,179.13 100.33.5370 1004 041310 GLJ0109 2179.13 041310 10040368 100 33 14069 MCCANN INDUSTRIES INC 11023645 VEHICLE REPAIR PARTS 04/19/10 0 041310 601.54 100.33.5370 1004 041310 GLJ0109 601.54 041310 10040369 100 33 14069 MCCANN INDUSTRIES INC 11023783 VEHICLE REPAIR PARTS 04/19/10 0 041310 381.79 100.33.5370 1004 041310 GLJ0109 381.79 041310 10040632 100 33 14069 MCCANN INDUSTRIES INC 11023797 VEHICLE REPAIRS 04/19/10 0 041410 350.00 100.33.5370 1004 041410 GLJ0115 350.00 041410 10040629 100 43 14264 MCH COUNTY DEPT OFHEALT SUMMER2010BEACH SAMPLINGS 04/19/10 0 041410 800.00 100.43.5110 1004 041410 GLJO115 800.00 041410 10040637 100 XXXXX 14275 MCHENRY COMMUNITY SCHOOL WINTER/SPRPARKS RENTAL SPACE 04/19/10 0 041410 1,168.13 100.46.6110 1004 041410 GLJO115 212.63 041410 100.47.6110 1004 041410 GLJ0115 955.50 041410 10040630 740 00 14258 MCHENRY COUNTY RECORDER MARCH 2010RECORDING FEES 04/19/10 0 041410 62.00 740.00.6960 1004 041410 GLJ0115 62.00 041410 10040631 510 31 14258 MCHENRY COUNTY RECORDER MARCH 2010RECORDING FEES 04/19/10 0 041410 640.00 510.31.6940 1004 041410 GLJ0115 340.00 041410 510.326940 1004 041410 GLJ0115 300.00 041410 10040362 100 33 13140 MEADE ELECTRIC COMPANY 1645258TRAFFIC SIGNAL REPAIRS 04/19/10 0 041310 125.04 100.33.6110 1004 041310 GLJ0109 125.04 041310 10040363 100 33 13140 MEADE ELECTRIC COMPANY I 645259TRAFFIC SIGNAL REPAIRS 04/19/10 0 041310 122.42 100.33.6110 1004 041310 GLJ0109 122.42 041310 DATE 4/14/2010 10:53 AM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 4/19/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 510.32.3660 1004 041310 GLJO111 37.09 041310 10040589 440 00 20430 SEC GROUP INC 28/66677 MILLER ROAD IMPROVEMENTS 04/19/10 0 041310 22,248.50 440.00.8900 21587 1004 041310 GLJO111 PROJ# MILLERCMAQ 22248.50 041310 22248.50 440-MILLERCMA 10040590 100 01 20150 SECRETARY OF STATE #301 VEHICLE REGISTRATION RENEWAL 04/19/10 0 041310 99.00 100.01.6940 1004 041310 GLJO111 99.00 041310 10040591 100 41 1 SHERIFF, CHRISTY PARKS PROGRAM REFUND 04/19/10 0 041310 54.00 100.41.3636 1004 041310 GLJ0111 54.00 041310 10040592 100 02 20582 SPRINT 523579813 CELL PHONE USAGE 04/19/10 0 041310 117.44 100.02.5320 1004 041310 GLJO111 117.44 041310 10040638 100 XXXXX 20820 SWIFT CO INC, JOHN S 22762-10 PKS BROCHURE PRINTING/MAILI 04/19/10 0 041410 2,930.00 100.45.5330 1004 041410 GLJ0115 1465.00 041410 100.46.5330 1004 041410 GLJO115 1465.00 041410 10040593 100 45 21528 TOMARK SPORTS INC 93472373 SUPPLIES 04/19/10 0 041310 599.96 100.45,6110 1004 041310 GLJO111 599.96 041310 10040594 100 46 21535 TONYAN, LUCY SPRING 10 PARKS PROGRAM INSTRUCTOR 04/19/10 0 041310 1,587.60 100.46.5110 1004 041310 GLJO111 1587.60 041310 10040596 600 00 21547 TOTAL BROKER BENEFITS 200909078 INSUR CLAIMS ADMIN FEE 04/19/10 0 041310 510.00 600.00.4310 1004 041310 GLJO111 510.00 041310 10040597 600 00 21547 TOTAL BROKER BENEFITS 200912076 AIM HEALTHCARE COMMISSION 04/19/10 0 041310 385.00 600.00.4310 1004 041310 GLJO111 385.00 041310 10040639 100 33 21632 TRAFFIC CONTROL & PROTEC 66171 STREET SIGNS 04/19/10 0 041410 375.51 100.33.6110 1004 041410 GLJ0115 375.51 041410 10040598 100 33 15671 TRANSCHICAGO TRUCK GROUP 6116908 VEHICLE REPAIR PARTS 04/19/10 0 041310 155.69 100.33.5370 1004 041310 GLJO111 155.69 041310 10040640 100 45 22495 UNITED LABORATORIES 9658 SUPPLIES 04/19/10 0 041410 1,100.84 100.45.6110 1004 041410 GLJ0115 1100.84 041410 10040599 510 31 22669 USA BLUEBOOK 123933EQUIPMENT 04/19/10 0 041310 455.20 510.31.6270 1004 041310 GLJO111 455.20 041310 10040600 510 31 22669 USA BLUEBOOK 123932SUPPLIES 04/19/10 0 041310 75.34 510.31.6110 1004 041310 GLJO111 75.34 041310 10040641 510 31 22669 USA BLUEBOOK 122965SUPPLIES 04/19/10 0 041410 281.80 510.31.6270 1004 041410 GLJ0115 281.80 041410 10040642 510 32 22669 USA BLUEBOOK 116230SUPPLIES 04/19/10 0 041410 83.90 510.32.6110 1004 041410 GLJO115 83.90 041410 DATE 4/14/2010 10:53 AM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 4/19/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 10040601 510 32 5 VALENCIA, DIONETTE 1083390208WATER/SEWER OVERPAYMENT REF 04/19/10 0 041310 15.14 510.32.3660 1004 041310 GLJO111 15.14 041310 10040643 510 31 23152 VERIZON WIRELESS 2383492123MOBILE BROADBAND 04/19/10 0 041410 45.06 510.31.5320 1004 041410 GLJ0115 45.06 041410 10040644 620 00 23152 VERIZON WIRELESS 2382041524MOBILE BROADBAND 04/19/10 O 041410 44.02 620.00.5110 1004 041410 GLJ0115 44.02 041410 10040645 620 00 23152 VERIZON WIRELESS 2382041523MOBILE BROADBAND 04/19/10 0 041410 44.02 620.00.5110 1004 041410 GLJ0115 44.02 041410 10040602 510 32 24028 WASTE MANAGEMENT OF WI P 1610922906SLUDGE DISPOSAL SERVICES 04/19/10 O 041310 7,615.60 510.32.5580 1004 041310 GLJO111 7615.60 041310 10040646 510 31 24038 WATER SOLUTIONS UNLIMITE 28084 CHEMICALS 04/19/10 0 041410 4,700.00 510.31.6110 1004 041410 GLJ0115 4700.00 041410 10040603 510 32 24099 WEBB BUILDING MAINTENANC 36 SEWER PLANT ROOF REPAIRS 04/19/10 0 041310 350.00 510.32.5375 1004 041310 GLJO111 350.00 041310 10040647 510 32 24099 WEBB BUILDING MAINTENANC 35 TUCK POINT BUILDINGS 04/19/10 0 041410 3,800.00 510.32.5375 1004 041410 GLJO115 3800.00 041410 10040604 100 01 24302 WIRTZ, PAT REIMB JUNE 27, 2010 EVENT SUPPLIES 04/19/10 0 041310 43.60 100.01.4220 1004 041310 GLJO111 43.60 041310 100-LDMKCOM 10040648 100 22 25875 XYBIX SYSTEMS INC 13754 DISPATCH CONSOLE REPAIRS 04/19/10 0 041410 484.00 100.22.5370 1004 041410 GLJO115 484.00 041410 10040649 100 22 25875 XYBIX SYSTEMS INC 13643 DISPATCH CONSOLE REPAIRS 04/19/10 0 041410 659.00 100.22.5370 1004 041410 GLJO115 659.00 041410 EXPENDED LIQUID ACCRUAL GRAND TOTALS 85,240.24 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 33,633.69 300 DEBT SERVICE-1997A FUND 600.00 440 CAPITAL IMPROVEMENTS FUND 22,248.50 22,248.50 510 WATER/SEWER FUND 22,122.96 590 MARINA OPERATIONS FUND 5,140.00 600 EMPLOYEE INSURANCE FUND 895.00 DATE 4/14/2010 10:53 AM CITY OF MCHENRY PAGE 9 LIST OF BILLS COUNCIL MEETING 4/19/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 620 INFORMATION TECHNOLOGY FUND 537.89 740 RETAINED PERSONNEL ESCROW 62.00 **• 85,240.24 22,248.50 r, AGENDA SUPPLEMENT To: Mayor and City Council From: Bill Hobson,Assistant City Administrator For: April 19, 2010 Regular City Council Meeting Re: Lions Club Carnival Request Background. The McHenry Lions Club has hosted an annual carnival for over 26 years and has utilized Petersen Park for the past 18 years. This year's proposed dates for the carnival are June 9-12, 2010. Proceeds from the carnival provide aid for those people who are sight and hearing impaired. The Lions Club is requesting the temporary use of Petersen Park for the carnival and a waiver of fees for the use of the park along with any sign permit fees. The locations of the proposed signs are listed below: Riverside Drive &McCullom Lake Road Route 120 & Chapel Hill Road(southwest corner) Route 120 & Ringwood Road(northeast corner) Route 31 &Pearl Street Route 31 &High Street Route 31 &McCullom Lake Road In accordance with Chapter 5 of the Municipal Code, carnivals are required to submit an employee list for background checks in addition to the standard paper work such as site plan and insurance. As last year, carnival workers are requesting permission to stay overnight in campers on site. While this allows for greater oversight of carnival equipment during off hours it also requires the City Council to waive section 16-25 of the municipal code which prohibits overnight stays in the parks. Staff supports the request with the condition that the temporary signs are installed no earlier than 10-days prior to the event and are removed within 48-hours upon its conclusion. Recommendation. To approve the request from the McHenry Lions Club to utilize Petersen Park for their annual carnival, allow the placement of temporary signs in the municipal right-of- way at the locations specified, waive park use fees and sign permit fees for the carnival on June 9-12, 2010, and waive section 16-25 of the municipal code to allow for overnight stays in the park. Attachments: Request letter from the McHenry Lions Club 0 € y. We Serve MC HENRY LIONS CLUB P.O. Box 292 McHenry, IL 60051 April 5, 2010 Honorable Mayor, Council Members & Parks Director, Pete Merkel This request is for a special use permit for the Lions Club to hold the annual carnival on June 9, 2010 through June 12, 2010 in Peterson Park. As in the past, we request that the City waive park rental fees and allow overnight stays for Skinner Amusements personnel. Pat Skinner has confirmed she will provide the City with required background checks and we will provide proof of insurance from Lions International, as in the past. Advertising signs—yard sign sizes—will be displayed at the following locations: - Rt 120 & Chapel Hill Rd (Shell Station) - Chapel Hill Rd & Lincoln Rd (NE corner) - McCullom Lake Rd & Rt 31 (NW corner) - Ringwood Rd & McCullom Lake Rd (NW corner) - Miller Rd & River Rd (East side) - Bull Valley Rd & Crystal Lake Rd Thank you in advance for consideration of this request. As usual, we are grateful to the City for their assistance for this, our biggest project of the year. Sincerely, ion John Perschke irector 5114 N. Westwood Dr. McHenry, IL 60051 (847-497-3540-H) (815-236-7899-C) McHENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION Contact Person: 4 ,^� �,p�.� Date of Picnic:4�/f// Company or Organization: 1e� Address:_. _ ,(� LC/ �� a�/, City/State/Zip• � Home Phone: `�� dI -, 5' (J Phone: �/ Park: ❑ Knox Park Xetersen Park ❑Veteran's Memorial Park �� �� ��y J ❑ Shelter C ❑ Other: Area: 0 Shelter A ❑ Shelter B "' ! 0 6ti0 Arrival Time: Departure Time: Total Number Attending: Falsifying attendance numbers will result in loss of deposit Groups of 500 or more must obtain additional: 9 dumpsters X portable toilets Brief description of program(i.e. co picnic, car show, craft show,wedding, etc.): List all activities'that will be held: Items brought into park site: ❑ tent ❑ tables ❑ chairs ❑ benches carnival rides ❑ music ❑ animals ❑ model planes ❑ other ❑ other Water, electricity and restrooms are available at all sites. Please explain any additional utilities needed: Will beer/wine be present: ❑ Yes X No IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS "Indicate the number of beer/wine permits issued to the undersigned this calendar year. Indicate the number of beer/wine permits denied Indicate amount of beer/wine to be brought into the City Park under this permit on such date(number of wine bottles,beer cases,beer kegs, etc.) I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park pursuant to this application will be sold,it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the special use and/or beer/wine application(s) and will assume responsibility for any loss, damage or liability arising from the use of the p propert I also erstand that not complying with the Pa P rmit rules will result in loss of deposit. Signature: Date: Health p mi s are required by law for concessions and catering. Make arrangements to obtain permits NOTE: Approval-ill be bid on the items listed above. Any other requests are subject to further approval. Restrictions: ***********yx**x �#*FOR OFFICE USE ONLY**r*********t**************************t*******r********** Reservation Fee: $_ I ' ! 1?1 Date Paid: Initials: Deposit Fee: $ ' Payment: ❑ Cash❑ Check❑ Charge Total Fee: $ Submitted to City Council: Confirmation Sent: Initials: City Council Approval: Forms\picnic forms\special use and beer and or wine application 4 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: April 19, 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 four minor variances to allow an existing 256 square foot shed built without a permit. The variances include a 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 a minor variance from the allowable separation distance between accessory structures on a property. Existing 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 these minor variances are required to comply with the City's zoning ordinance. Analysis. In accordance with the zoning ordinance an accessory building 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 to the north. 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. If the City Council does not approve all of these variances the homeowner would be required either to remove the shed from the property or move the shed to a different part of the property and obtain variances for number of accessory structures and total square footage permitted for accessory structures on a property in order to comply with the zoning ordinance. In addition, as a point of reference, the Construction and Neighborhood Services Department is also currently pursuing a similar zoning ordinance violation, on a different property, whereby an accessory structure was constructed without a permit and zoning relief is required. This property is also located on Bally Road. Recommendation. The Planning and Zoning Commission recommended denial of all requested variances (minutes attached) as presented and staff concurs with this recommendation. Due to the fact the Planning and Zoning Commission recommended denial and in accordance with Illinois state statutes, approval of two-thirds of all aldermen or five positive votes, is required to approve the minor variances. LOCATION MAP Subject Property ' '' •" r�fA.fR YI. i J PJ • r _ iiii r . . .. ,... fir . r - � ; �; :mot � l4��.Or • ��' - -• t .ii, pwOr a we i � I { P. A ei 4rV ww,4 - iw Parcel S fto pARCEI_ rj 3 VA jy��a� �y r ''�� V `T A- • s O ` K _PO4 l• I tii k CM l g 6i PARCEL k w CaS M , ri tt 50� or'd „ ,• ... A.rtti+ Ilnc +F 5-4 ► r s y J 3i F �a2 a k��1g �+ �„ • State of Illinois j c i g County of McHenry c on tInc k S We,Woodstock Lawl Surveyors,Inc.,P.C.,do hereby -c J.Co .F a�.:,�.+c r ` state that we have cauted the above described property Q�� sz �Vty� y pe,l bes Inn I n3 I� to be surveyed according to the found artificial monument- Iwt: •� %6r°sr"' anon and that the plat hereon drawn is a correct �floFssioun� LAND I representation of said, wrvey. N SURVEYOR �,, 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 275. 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 strictures 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 Scheeler: 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. Chairman Howell closed the Public Hearing at 7:55 p.m. 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 Community Development Department Report File #Z-752 March 4, 2010 LOCATION MAP A Subject Property I , I , I ' i 9.'•91. o . I I I r I r.I . r ' nurse n I I ; ' I I °:',I IIV<'Y VG^9lC 4r ° / !tlr ._.a �—•• I I� .• II .I � ��. Q I I ._ 'II • WKV 6 WW • ° I� r �tl=_ .... •_�.��. a ..n � �! i w .`f:IlktJtl VN. • "�-v;._ ,— .1 — .___ i ._ �,_ _ '-�n Q ,a1�1 aii, i I-r-olo. i �. I s i : •'L< o .r._ _ .«�4.i uae� • •tliw. •lone• raw.• ~..,,�'` - ,,. '�`^ !I• � ■ 1 n 1 a � a !i ° n I e II i T'°!o� 3� °! � a I i� i a� i I i�i a _ _"•'` _ —_"— — .. ..-....J._.__.....—p_:9`I.....�4 �I �r� TL�14—.�I �._ ~ •S.+ 4j_ _r 14 Z-752 FORMA File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street c McHenry,IL 60050 u Tel: (815)363-2170 o Fax: (815)363-2173 �1 a�i 1 ���A%A VA LL Y� Tel S d 1. Name of Applicant Address K\ k 40JTZ,./ -T-L 6,0 Q Fax Si i; N(4 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 4 aO i3 r4U,,II M c O W y'Z!/ T:L Iaoa 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: l LrLC. Sj'� P' (bX1lo 4.� �+ L41a �i h 'ti.1� 4ilulALz N i ti�C S'zV2vtL�t�i� !�i►\t •(7 �P��i IANLi N�4✓'J'�� I�Sit� XCECG o'F SQv t-42.�. Soot'A+ - u o yli•t AX i it , C. , 51''f o,"' 14iPrt Lit 11 , FORM A Page 1 of 3 7. Current Use of Property S. Current Zoning Classification of Property,Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: �t East: West: 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 fall 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 sl Print Name and Designation of Applicant(s) uN!r,--v i 1L,��/ Otu ry it2 FORM A Page 3 of 3 Gunstruction arul ntc�ighho-hood Services FORM D File Number ZONING VARIANCE'"ii" � f NlGHF1ilr}� Planning and Zoning Commission City of McHenry 333 South Green Street G 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•��. �`�� S i 1-t i ti�� a� {-h12£� pLo+S ,. Iry �Pu�. 2 �.N?la��.5 oN �,'F� Sr�� v + z �oc.LSE �;y�r un oA.) ��r: s+�?£>✓T 6n� A n s; E�L'���� . c)UZ�nr�n �S Cvn,�Lf �st,�, c�tiD41y 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. S k-un f PI&Av� m r3,ti F E/v r C L�'_'�,�JV\�/Q't aJ V-')V" 1�c.c F- ko FORM D Page 1 of 3 • ,r 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. I 1-��. G�cs w fJ c 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 froml a mere inconvenience. A J3o4i-kakSf bA,7 f�� 1�i13 �Ci NG 4- t�,i Ina) S a 27 vF ou.t P JJL�k U.S (,4y ' A tg, —Q y 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. ` apt hnH`. SU?JSS floc ��e rY• i� �n till S t��G! 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. l of J l,cS 1 N£U). m S-Kl c 4-,,)2 i. Eon. S fuEL46 L 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. r M/Vt EJ_l�' t L /4,2 0 to d�t� u�t v�2 c,S �R o f£C+ 1' �i{1Z+�-J U��t S . ! "l� G3 c f✓lC 1!vJ'?la �-4 c AA ��� �a v +�- �S s E s c DCF �r:�i t-I Wn rAX.R J)t% �r 8. Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. Q (� Sts c A-L Z i S c,F 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. f `�. '.Lf` 1"c�2 t'� (ufLL �ui1r e3, t+RJAc+iUL S(�4J3 1Fl�r�i' i S FORM D Page 3 of 3 N 4!: Y ��TF• il d. i 5t h,:�'!. r-�1 �: F k _ e to -''`' ' '14�� ©' t -top P•"OI eF ' y � ; j Apr greet 4 =s •�� PAIRCEL ;� t+ wk Ptr ep t•+n• ------------ „ ,• t ' tx ►note sa .; � .. - �� tti • Y ►. J a•CU 144 PAPCF—t— ct1E Sao �51 11C 4qt �6 M ,• j1 jam' ��'. �1�1'. t of 50.re ord o• . 4°� I ewe. %waif &LOS a,,, + oil `t 14 VS �• ' r1..r0v line aR State of I1linois )i S. bn line 8 County of McHe -- WO, Woodstock)<,iir�t',S„wey I:ar ..F Patr� ti atntc thnf,.w4 hnv.- � �'• tnc., P S . �► .0.dc►Iterc.h ` halt 1'.-:.. ,.. ;-..k*!?•�y.�filn •,a', < ,<; . �k�ttt�;ii'4,11t1!` iht�tt�.: w Y = -'w...'-.�. g _. .... a�.e •mil..:-:-:. ,.t--- • 1 't.�. AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Maxeiner, City Administrator FOR: April 19, 2010 Regular City Council Meeting RE: Request for Class F2 Liquor Licenses from Graham Enterprise, Inc. Recommendation: To consider the request for a Class F2 liquor license from Graham Enterprises, Inc. to sell packaged liquors for consumption off premises only at the McHenry BP located at 508 South Route 31 and Bull Valley BP located at 5301 Bull Valley Road effective May 1, 2010. Upon approval of this request, authorize the Mayor to sign the attached ordinance increasing the number of Class F2 liquor licenses from eight to ten. Attached is a letter from Patrick Graham of Graham Enterprises, Inc. requesting authorization to sell packaged liquors in the McHenry BP gas station located at 508 South Route 31 and the Bull Valley BP gas station located at 5301 Bull Valley Road. Graham Enterprises purchased the McHenry BP on Route 31 a few years ago and just recently purchased and reopened the Bull Valley BP. Including the sale of gasoline, each site operates a convenience store that sells food, snacks, lottery tickets, tobacco products, and miscellaneous auto care products. Graham Enterprises owns service stations in Lake Villa, Richmond, Carpentersville, Northlake, Waukegan, and the Johnsburg Citgo on Chapel Hill Road. Each of these businesses successfully operates convenience stores that sell packaged liquors. Mr. Graham would like the opportunity to sell alcohol in his two McHenry locations. His company is conversant in the sale of packaged liquors with strict policies established to prevent the sale of alcohol to intoxicated and underage persons. In addition, the manager for the McHenry locations is BASSET certified. Should the City Council grant this request, staff recommends approval of the attached ordinance increasing the number of F2 liquor licenses from eight to ten. 3 Heil' El' TE ISE, ETC. John C.Graham Eugene W.Graham III 446 N.Morris Street Area Code 847 Matthew X.Graham P.O.Box 777 Phone:837-0777 Patrick T.Graham Mundelein,Illinois 60060-0777 Fax: 837-0778 2/24/2010 Dear Doug, .,attached you willfind the applications and relevant information you requested: Thankyou in advance for your time and consideration on this matter. We feel that the addition of a liquor license widgive us the tools necessary to 6e successful. We have strict policies in place to prevent the sale to either into,-�icated or underage customers. Our local manager is Basset cert fled and we are already enrolled in Bars compliance testing at all of our fquor facilities. If there is any additional information you need to help in the approval process I can be reached on my cell C (847) 507-025.5 Thankyou very much! Sincerely, Patrlck�I: Gra am Graham: A Name Associated With Petroleum Since I92Z r AM GRAHAM EN`�.',cn Eo ESTC. John C.Graham Eugene W.Graham III 446 N.Morris Street Area Code 847 Matthew X.Graham P.O.Box 777 Phone:837-0777 Patrick T.Graham Mundelein,Illinois 60060-0777 Fax: 837-0778 Graham Liquor Sites Lake Villa Citgo 400 E. Grand Avenue Lake Villa IL 60046 Richmond Citgo 8606 US Route 12 Richmond IL 60071 Carpentersville BP 695 Barrington Ave Carpentersville, IL 60110 Northlake Citgo 5 W.North Avenue Northlake IL 60164 Johnsburg Citgo 3615 Chapel Hill Rd. Johnsburg, IL 60050 Waukegan Citgo 24.00 Grand Ave. Waukegan, IL 60085 Graham: A Name Associated With Petroleum Since 1922. ORDINANCE NO.MC-10- AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 4: INCREASING THE NUMBER OF CLASS F2 [McHenry BP and Bull Valley BP] 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY,McHENRY COUNTY,ILLINOIS,as follows: SECTION 1: Section 4-6 of the Municipal Code relating to liquor license classifications is hereby amended in Section 4-6(5)by increasing the number of Class"F2"Liquor Licenses from eight to ten. SECTION 2: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 3: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry,Illinois. SECTION 4.: This ordinance shall be in full force and effect from and after its passage, approval and publication,as provided by law. PASSED and APPROVED this 191h day of April,2010. VOTING AYE: VOTING NAY: ABSENT: NOT VOTING: ABSTAINED: Mayor ATTEST: City Clerk CITY OF MCHENRY License No. APPLICATION FOR LIQUOR LICENSE Fee Received Date Issued UNDER Date Received CITY OF MCHENRY LIQUOR CONTROL Date Effectiv RECEIVED ORDINANCE Receipt Issued On FISCAL YEAR 2010/2011 �I]�Q TO BE FILED TH THE FEB 2 OFFICE OF No. ENRY [1:7heck ashier's Chk. CITY OF McN ALL LICENSES EXPIRE APRIL 30 Cert.Check FOLLOWING DATE OF ISSUANCE Cash NAME OF BUSINESS,ADDRESS,&TELEPHONE#.: 1. Please indicate form of ownership:CORPORATION _PARTNERSHIP INDIVIDUAL/SOLE PROP. IF CORPORATION: 2. Corporation Name: �G`�� �l Gn Vic- Corporate Address: f® o X � � -1 M n Cad l L n �� r✓1 fJt`S lf��Q�� Corporate Phone Number: �s 7 1 6-1-7 3. State of Incorporation: T k t rl 4. IF PARTNERSHIP: Name: f Corporate Address: Corporate Phone Number: 5. State of Incorporation: IF INDIVIDUALISOLE PROP: 6. Applicant's Full Name: Social Security No.: \/ Date of Birth: Residence Address: `� 7. Home Phone: Z Business Phone: 8. Citizen of U.S.? If a naturalized citizen,when and where naturalized? Court in which (or law under which)naturalized: 9. (A)If Applicant is a PARTNERSHIP,give name and address of all partners holding 5%or more of the partnership interest: A ] . (B)If Applicant is CORPORATION,give name, address and telephone number of owners holding 5%or more shares and registered gent: ')e 2008 PACE THREE 31. List your occupation or employment with addresses thereof for the past 10 years(if partnership or corporation, list same iofmation for each partner and the local manager—(please attach). t'14,r i5Z J is. S i'1CC 1990 32.Have you ever been convicted of a gambling offense(if a partnership or corpo ation include all partners, owners of 5%or mershares of the corporation and the local manager)?6 If so,give all details: 33. Has any owner(s)or member(s)d a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager, or director thereof, or, any stockholdEuwning in the aggregate more than twenty(20)percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federajovernment for the current tax period? N D 34. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? `✓� 35. Have you, or any partner, or owner of 5%or more shares of the corporation or local manager,ever had a liquor license revokbor suspended? 'L\10 36. If so, give all details, including location of the licensed property(please attach). CAUTION: Failure to provide accurate or complete infomation may result in the suspension and/or revocation of your liquor license and/or the issuance of a fine. No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises,either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m.to 5:00 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta Days Celebrations on Parade Day,sell or serve(a)carryout alcoholic beverages(not including packaged liquor sales); or(b)alcoholic beverages in non-original containers,such as plastic cups. Only original containers,such as cans,bottle or glassware may be used. 6. Allowing fighting,disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code,to take place on the licensed premises or on, about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting,disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. 2008 PAGE FOUR AFFIDAVIT STATE OF ILLINOIS ) ss COUNTY OF MCHENRY ) I,the undersigned, being first duly sworn,deposes and says that I (we), have read the afore and foregoing Application, caused the answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation ash background check by the Local Liquor Control Commissioner or his designeeand agree to comply with all City Ordinances and the rules stated on this application. SOLE PR �OP, !23,�� 7 Signature of Applicant Subscribed and sworn to before me the OFFICIAL SEAL ` MARCIA A. ZIELINSKI 23� da of re r2cgAi� � ,20 i O [NARY PUBLIC,STATE OF ILLINOIS My COMMONEXPMES 415 2010 NOTARY PUBLIC PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title Subscribed and sworn to before me this day of 20 NOTARY PUBLIC CORPORATION: (Authorized Agent of the Corporation) Signature Print Name Title Subscribed and sworn to before me this day of ,20 NOTARY PUBLIC MANAGER: Signature of Local Manager // Subsgi ed and sworn to before me this / OFFICIAL SEAL day of 20 d 0 MARCIA A. ZELINSKt r C/Cf x NOTARY PUBLIC,STATE OF ILLINOIS NOTARY PUBLIC MY COMMISSION EYMES 4-15410 2008 CITY OF MCHENRY License No. APPLICATION FOR LIQUOR LICENSE Fee Received Date Issued UNDER Date Received TY OF MCHENRY LIQUOR CONTROL Date Effective 'ECE'D ORDINANCE Receipt Issued On G FISCAL YEAR 2010/2011 TO BE FILED WITH ME F E 8 2 6 2010 OFFICE OF THE COO No. PyCaiier's Chk. CITY OF MCHENRY JALL LICENSES EXPIRE APRIL 30 Cert-Check OLLOWING DATE OF ISSUANCE Cash NAME OF BUSINESS,ADDRESS,&TELEPHONE#.: _66_t3t-g I I Ved tev 'J P 5`�0 1 ��I Va-d1e y PV WG v-1 �-` is 1 vs.) (.,-I 1� - L.-vs-1 1. Please indicate form of ownership:CORPORATION PARTNERSHIP INDIVIDUAL/SOLE PROP. IF CORPORATION: of 2. Corporation Name: G"4�yy"N �h�-e` yt! ,SC Ell Z. - Corporate Address: �� a/ 0 X Corporate Phone Number. C y 73-Y1 4- i 3. State of Incorporation: I> 4. IF PARTNERSHIP: Name: ) Corporate Address: Corporate Phone Number: 5. State of Incorporation: ' IF INDIVIDUAL/SOLE PROP: r 6. Applicant's Full Name: Social Security No.: - Date of Birth: Residence Address: 7. Home Phone: Business Phone: 8. Citizen of U.S.? If a naturalized citizen,when and where naturalized? Court in which(or law under which)naturalized: 9. (A)If Applicant is a PARTNERSHIP,give name and address of all partners holding 5%or more of the partnership interest: 1\/ / (B)If Applicant is CORPORATION, give name, address and telephone number of owners holding 5%or more shares and registered gent: e� 2008 PAGE THREE 31.List your occupation or employment with addresses thereof for the past 10 years(if partnership or corporation, list same iodination for each partner and the local manager—(please attach). �� wi �4_ S�, Vic 32.Have you ever been convicted of a gambling offense(if a partnership or corporatia include all partners, owners of 5%or mershares of the corporation and the local manager)? JQ 0 If so, give all details: 33.Has any owner(s)or member(s)d a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager, or director thereof; or, any stockholdwwning in the aggregate more than twenty(20)percent of the stock,been issued a federal wagering devise stamp or a federal wagering stamp by the federoovernment for the current tax period? , 4 34. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? V 35. Have you,or any p rt er, or owner of 5%or more shares of the corporation or local manager, ever had a liquor license revoktror suspended? 36. If so,give all details, including location of the licensed property(please attach). CAUTION: Failure to provide accurate or complete infomation may result in the suspension and/or revocation of your liquor license and/or the issuance of a fine. No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises,either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m. to 5:00 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta Days Celebrations on Parade Day,sell or serve(a)carryout alcoholic beverages(not including packaged liquor sales); or(b)alcoholic beverages in non-original containers,such as plastic cups. Only original containers,such as cans,bottle or glassware may be used. 6. Allowing fighting,disorderly conduct or excessive noise constituting a nuisance ortumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code,to take place on the licensed premises or on,about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting,disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. 2008 PAG*EFOUR AFFIDAVIT STATE OF ILLINOIS ) ss COUNTY OF MCHENRY ) I,the undersigned, being first duly sworn, deposes and says that I (we), have read the atwe and foregoing Application, caused the answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation a7h background check by the Local Liquor Control Commissioner or his designeeand agree to comply with all City Ordinances and the rules stated on this application. SOLE PRO Signature of Applicant Subscribed and sworn to before met's day of 20 FOTMARY AL SEAL . ZEUNSKI e STATE OF N.LfWOIS NOTAR PUBLIC EXPIRES 4-15-2010 PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title Subscribed and sworn to before me this day of 20 NOTARY PUBLIC CORPORATION: (Authorized Agent of the Corporation) Signature Print Name Title Subscribed and sworn to before me this day of 20 NOTARY PUBLIC MANAGER: Sign re of Local Manager 7 / Subscribe d sworn to befo me this =PUBLIC, EAL f day o ,`rk� t1el e'p 120 _. P�SKI 1 � �/ ' OF IL-LINOISS4-15.2010 NOTARY PUBLIC L 2008 ORDINANCE NO. MC-10- AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 4: INCREASING THE NUMBER OF CLASS F2 [McHenry BP and Bull Valley BP] 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY,McHENRY COUNTY,ILLINOIS,as follows: SECTION 1: Section 4-6 of the Municipal Code relating to liquor license classifications is hereby amended in Section 4-6(5)by increasing the number of Class"F2"Liquor Licenses from eight to ten. SECTION 2: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 3: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry,Illinois. SECTION 4.: This ordinance shall be in full force and effect from and after its passage, approval and publication,as provided by law. PASSED and APPROVED this 19`h day of April,2010. VOTING AYE: VOTING NAY: ABSENT: NOT VOTING: ABSTAINED: Mayor ATTEST: City Clerk AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: April 19, 2010, Regular City Council Meeting RE: Amendments to the Administrative Adjudication Ordinance Background. The City established the Code Hearing Department in 2002 for the purpose of expediting the prosecution and correction of City code violations. Administrative adjudication, as it is commonly referred to, has become a means for local units of government to streamline building code, property maintenance, zoning and non-moving vehicular violations. The City attorney has informed staff that since the City recently obtained home-rule status this ordinance needs to be updated. Staff from the Construction and Neighborhood Services Department and Police Department met with the City attorney to review the current ordinance and recommend changes. Analysis. Attached is the proposed revised ordinance. The ordinance mirrors the statutory requirements. In addition, staff is proposing to formalize the administrative adjudication process whereby property maintenance, building and zoning code violations would be processed in addition to police non-moving violations. All hearings would be presided over by an administrative law judge. Staff has attended these types of formalized hearings recently in other parts of the county to understand exactly how they are run and also to observe the different administrative law judges that the other municipalities utilize. Committee Recommendation. At its meeting on March 16 of this year (minutes attached) the Community Development Committee directed staff to present the Ordinance repealing Municipal Code Chapter 2.25 in its entirety and replacing it with an ordinance in compliance with state statutes and the City's Home Rule status for full Council consideration. Staff concurs with this recommendation and would recommend approval of the attached ordinance. Discussion Regarding Revised Administrative Adjudication Ordinance Deputy City Administrator Martin informed the Committee that the City established the Code Hearing Department in 2002 for the purpose of expediting the prosecution and correction of City Code violations. He stated that Administrative Adjudication, as it is commonly referred to, has become a means for local units of government to streamline building code, property maintenance, zoning and non-moving vehicular violations. The City Attorney has informed Staff that since the City recently obtained Home Rule Status the Ordinance needs to be updated. Deputy City Administrator Martin stated that Staff from the Construction and Neighborhood Service Department and representatives from the Police Department have met with the City Attorney to review the current ordinance and recommended changes. Deputy City Administrator Martin noted that the revised Ordinance mirrors the statutory requirements. Additionally, Staff is proposing to formalize the Administrative Adjudication process, whereby property maintenance, and building and zoning code violations would be processed in addition to police non-moving violations. All hearings would be presided over by an administrative law judge, who is required to be an attorney. Staff has attended this type of formal hearing recently in other parts of the county in an effort to understand the procedures, how the hearings are held and to observe the different administrative law judges the other municipalities are currently utilizing. He noted that members of the Police Department have expressed support regarding the administrative adjudication process. The hearings would be used as a tool to bring individuals into compliance. Staff is requesting the Committee review the proposed amendments to the Ordinance. Responding to an inquiry from the Committee, Deputy City Administrator Martin stated that the Judge would be a subcontractor hired by the City. Staff is negotiating in an effort to have the Judge bill on a per case or per session basis rather than an hourly rate. Chairman Alderman Condon opined that the process appears to be a good one. She noted that she believes at Chapter 2.25 on Page 8 the word should be Prima Facia Evidence, rather than Prima Facie Evidence. Deputy City Administrator Martin assured he would look into the correct wording and correct it as necessary. Responding to an inquiry from Alderman Santi, Deputy City Administrator Martin stated that Staff is planning on scheduling the hearings on a set day, at a set time, once a month initially. Should it become necessary to schedule the hearings more frequently it will be addressed at a later date. Motion by Santi, seconded by Condon, to direct Staff to present the Ordinance repealing Municipal Code Chapter 2.25 in its entirety and replacing it with an ordinance in compliance with State statutes and the City's Home Rule status for full Council consideration. Aye: Condon, Santi. Nay: None. Absent: Glab. Motion carried. ORDINANCE NO. An Ordinance Repealing Chapter 7.50, Code Hearing Department, and Adding 2.25, Administrative Adjudication, in the Municipal Code, City of McHenry,Illinois WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: Chapter 7.50, Code Hearing Department, of the Municipal Code, City of McHenry, Illinois, is hereby repealed. SECTION 2: The Municipal Code, City of McHenry, Illinois, shall be amended to add Chapter 2.25, Administrative Adjudication, attached hereto and made a part hereof. SECTION 3: 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 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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: Absent: Abstain: APPROVED: Mayor Susan E. Low (SEAL) ATTEST: City Clerk Janice C. Jones Passed: Approved: Z:W McHenryCityof(Ordinances UdministrativeAdjudication.ord.doc MUNICIPAL CODE CHAPTER 2.25 ADMINISTRATIVE ADJUDICATION Sec. 2.25-1 Adoption of State Statutes Sec. 2.25-2 Office of Administrative Adjudication Sec. 2.25-3 Director Sec. 2.25-4 Compliance Administrators Sec. 2.25-5 Administrative Law Judge Sec. 2.25-6 Notice of Violation (Non-Vehicular) Sec. 2.25-7 Service (Non-Vehicular) Sec. 2.25-8 Administrative Hearings Sec. 2.25-9 Defenses to Building Code Violation Sec. 2.25-10 Sanctions Applicable to Owner; Property Sec. 2.25-11 Subpoenas Sec. 2.25-12 Default; Motion to Set Aside Default Judgment Sec. 2.25-13 Judicial Review Sec. 2.25-14 Enforcement of Judgment Sec. 2.25-15 Parking and Standing of Vehicles and the Condition and Use of Vehicle Equipment Sec. 2.25-16 Election of Remedies Sec. 2.25-17 Fines Applicable to All Offenses Sec. 2.25-1. Adoption of state statutes. The City adopts 65 ILCS 5/1-2.1-1 et seq., which authorizes a home rule municipality to create and implement a system of Administrative Adjudications for code violations and 625 ILCS 5/11- 208.3 et seq., which authorizes a municipality to create and implement a system of Administrative Adjudication of Violations of Traffic Regulations Concerning the Standing, Parking, and Condition of Vehicles. The adoption of these statutes shall not preclude the City from using other methods to enforce City ordinances. Sec. 2.25-2. Office of administrative adjudication. (A) Creation: An Office of Administrative Adjudication is established pursuant to the authority of 65 ILCS 5/1-2.1-1 et seq. and 625 ILCS 5/11-208.3 et seq., the function of which is to administer a system of administrative adjudication provided for in this Chapter. The Office of Administrative Adjudication shall administer, manage and conduct administrative adjudication proceedings in the manner provided for in this Chapter. The creation of the Office of Administrative Adjudication shall not preclude the City from using other methods to enforce City ordinances. The Office of Administrative Adjudication shall be comprised of the following individuals appointed by the City Administrator: (1) Hearing officer, who may also be referred to as an administrative law judge; (2) The Chief of Police or designee; (3) The City Administrator; (4) A code administrator; and (5) Any person or persons deemed necessary for the efficient administration of the Office of Administrative Adjudication. (B) Jurisdiction: The Office of Administrative Adjudication shall have the authority to conduct the administrative adjudication of charges of all code violations of this Code, as amended, and vehicular standing, parking and compliance violations, except the following: (1) Any offense under the Illinois Vehicle Code or this Code governing the movement of vehicles; (2) Any reportable offense under Section 6-204 of the Illinois Vehicle Code (625 ILCS 5/6-204); (3) Violations punishable by a penalty of incarceration; and (4) Violations punishable by a fine in excess of $50,000 per violation excluding allowable costs, provided, however, that the maximum fine amount of $50,000 does not apply to cases brought to enforce the collection of any tax imposed and collected by the City. (C) Adjudication of Matters: Charges of violations of this Code, as amended from time to time, and any other matter falling within the jurisdiction of the Office of Administrative Adjudication shall be heard and adjudicated by an Administrative Law Judge. Sec. 2.25-3 Director. The director of the Office of Administrative Adjudication shall be the City Administrator or his or her designee, or an independent contractor or agency contracted by the City to perform such duties as enumerated herein. The director is authorized, empowered and directed to: (1) Operate and manage the system of administrative adjudication of vehicular standing and parking regulation violations, vehicle compliance violations, vehicle license or sticker requirement violations, building, fire and health code violations, and all other City ordinance violations as may be permitted by law and directed by ordinance or this Code. (2) Adopt, distribute and process all notices as may be required under this Chapter or Code or as may reasonably be required to carry out the purpose of this Chapter. (3) Collect moneys paid as fines and/or penalties assessed after a final determination of liability. (4) Certify copies of final determinations of building, fire and health code violations or any other ordinance violation adjudicated pursuant to this Chapter and Code. (5) If also appointed as Traffic Compliance Administrator pursuant to Section 2.25-15, certify copies of final determinations of vehicular standing and parking regulation violation liability, vehicle compliance violations, vehicle license or sticker requirement violations, and any factual reports verifying the final determination of any violation liability which were issued in accordance with this Chapter or the laws of the State, including 625 ILCS 5/11-208.3, as from time to time amended; and also certify reports to the Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this Chapter and those of 625 ILCS 5/6-306.5. (6) Promulgate rules and regulations reasonably required to operate and maintain the system of administrative adjudication hereby established. (7) Collect unpaid fines and penalties through private collection agencies that may be retained by the City or by filing citations in the 22nd Judicial Circuit Court, or by selecting or appointing an individual or agency to act on behalf of the City in filing citations, seeking judgments for unpaid fines or penalties and pursuing all post judgment remedies available under current law. (8) Operate and maintain, or delegate the operation and maintenance of any computer program(s) for the system of administrative adjudication hereby established, on a day-to- day basis, including, but not limited to: (a) Inputting of violation notice information; (b) Establishing hearing dates and notice dates; (c) Recording fine and penalty assessment and payments; (d) Issuing payment receipts; (e) Issuing succeeding notices of hearing dates and/or final determination of liability, issuing notices of immobilization, issuing notices of impending impoundment, and issuing notices of impending driver's license suspension as may be required, in accordance with the Illinois Vehicle Code; and (f) Keeping accurate records of appearances and non-appearances at administrative hearings,pleas entered and fines and other penalties assessed and paid. Sec. 2.25-4 Compliance administrators. The City Administrator, or designee, shall appoint Compliance Administrators who are authorized to issue Code violation notices and citations. Compliance Administrators are any and all police and community service officers, Director of Construction and Neighborhood Services, building code and property maintenance inspectors, Public Works Director, supervisors in the Public Works Department and any other person appointed to issue Code violation notices and citations. Sec. 2.25-5 Administrative law judge. (A) Appointment: The City Administrator, with advice and consent of the City Council, shall appoint an Administrative Law Judge to hear all matters under this Chapter. The Administrative Law Judge must be an attorney licensed to practice law in this State for at least 3 years. In the event the Administrative Law Judge is unavailable for any regular or special court date, the City Administrator shall appoint a temporary Administrative Law Judge. The temporary appointee must be an attorney licensed to practice law in this State for at least 3 years. (B) Training: Prior to conducting proceedings under this Chapter, Administrative Law Judges shall successfully complete a formal training program that includes the following: (1) Instruction on the rules of procedure of the hearings which they will conduct; (2) Orientation to each subject area of the Code violations they will adjudicate; (3) Observation of administrative hearings; and (4) Participation in hypothetical cases, including ruling on evidence and issuing final orders. (C) Powers and Duties: The powers and duties of the Administrative Law Judge shall include: (1) Hearing testimony and accepting evidence that is relevant to the existence of the Code violation; (2) Administering oaths and affirmations to witnesses; (3) Issuing subpoenas, at the request of any party or on the Administrative Law Judge's own motion for the appearance of witnesses or for the production of relevant books, records or other information, subject to Section 2.25-11; (4) Regulating the course of the hearing in accordance with this Chapter, the rules and regulations adopted by the Office of Administrative Adjudication or other applicable law; (5) Preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the hearing; (6) Holding conferences for the settlement or simplifications of issues; (7) Issuing a determination, based on the evidence presented at the hearing, of whether a Code violation exists. The determination shall be in writing and shall include the fine, penalty or action with which the respondent must comply; (8) Imposing penalties consistent with applicable Code provisions and assessing costs* upon finding a party liable for the charged violation. However, in no event shall the Administrative Law Judge have authority to (i) impose a penalty of incarceration, or (ii) impose a fine in excess of $50,000, or at the option of the City, such other amount not to exceed the maximum amount established by the Mandatory Arbitration System as prescribed by the Rules of the Illinois Supreme Court from time to time for the 22"d Judicial Circuit. The maximum monetary fine under this Section shall be exclusive of costs of enforcement or costs imposed to secure compliance with the City's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the City; (9) Ordering a respondent to comply with the appropriate relevant Code section(s) that the respondent has been found liable of violating during the course of the administrative hearing; (10) Imposing, in addition to fines and costs assessed, costs related to the enforcement of this Code's provisions for which the respondent has been found liable; and (11) Granting equitable relief as otherwise authorized by law or local ordinance. Sec. 2.25-6 Notice of violation (non-vehicular). The form and manner of notice for a vehicular parking, standing and compliance violation shall be as provided in Section 2.25-15. All matters, excepting vehicular parking, standing and compliance violations, to be adjudicated by the Office of Administrative Adjudication shall be commenced against the party alleged to have violated one or more Code provision(s) by issuing and serving upon that party a charging document in accordance with the following procedures: (1) Issuance of Citation: The charging document for a violation of any provision of this Code subject to the system of administrative adjudication provided in this Chapter, other than vehicular parking, standing and compliance violations, shall be issued by a City officer or employee as authorized in Section 2.25-4, and served as provided for in Section 2.25-7. (2) Contents: The charging document shall contain the following information: (a) The name, City department and identification number, if applicable, of the person issuing the charging instrument; (b) The name and address of the person or entity being charged with the violation; (c) The name and address of the person to whom the charging document is served upon if that person is not the respondent; (d) The section(s) of the Code alleged to have been violated; (e) The date, time and place of the alleged violation(s); (f) A legally sufficient description of the activity or conduct alleged to constitute a violation of each Code section set forth in the charging document; and (g) The name of the complaining witness(es) if the violation was not witnessed by the City officer or employee issuing the charging document. (3) Certification: The City officer or employee issuing the charging document shall certify the correctness of the information required by this Section by signing his or her name to the charging document. (4) Prima Facie Evidence: Charging documents which comply with this Section will be sufficient to establish a prima facie case of liability for the Code violation charged. (5) Hearing Information: A charging document issued pursuant to this Section shall also set forth: (a) the date, time and place of the adjudication hearing to be held with respect to the violation; (b) the legal authority and jurisdiction under which the hearing will be held; (c) the penalties for failure to appear at the hearing; and (d) the fine to be paid within the time frame set forth in Section 1-12, Settlement of Offenses, of this Code, and/or noting that appearance is required on the hearing date. Sec. 2.25-7 Service (non-vehicular). (A) The form and manner of service for a vehicular parking, standing and compliance violation shall be as provided in Section 2.25-15. A proceeding before the Administrative Law Judge shall be instituted upon the filing of a written sworn pleading or citation by any authorized official of the City, including police officers, code enforcement officers and such other employees as authorized with the Office of Administrative Adjudication. (B) Respondents shall be served with a copy of the written sworn pleading or citation along with a notice of the hearing in any manner reasonably calculated to give them actual notice of the proceeding instituted against them including: (1) Personal service upon a party or its employees or agents; (2) Service by first class mail, certified mail return receipt requested, or express mail at the party's last known address; or (3) Service by posting a copy of the sworn pleading or citation upon the property when a structure is involved where the violation is found if service on the owner cannot be made by mail. Posting shall be on the front door of the structure not less than 20 days before the hearing is scheduled. However, notice by posting shall not be effective notice if the property at issue is a vacant lot or a vacant building. Sec. 2.25-8 Administrative hearings. (A) Hearings shall be scheduled with reasonable promptness, provided that for hearings scheduled in all non-emergency situations, if requested by the respondent, the respondent shall have at least 15 days after service of process to prepare for a hearing. For purposes of this Section, "non-emergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety, health or welfare. If service is provided by mail,the 15-day period shall begin to run on the day the notice is deposited in the mail. (B) All hearings shall be open to the public, shall be recorded, and shall be conducted before an Administrative Law Judge. (C) Documentary evidence, including the notice of violation, citation and attached exhibits, may be presented to the Administrative Law Judge. (D) Respondents appearing at the hearing and their authorized agent or counsel shall file with the Office of Administrative Adjudication a written appearance on a form provided by the Office of Administrative Adjudication. (E) All testimony shall be given under oath or affirmation. (F) The formal and technical rules of evidence shall not apply in an adjudicatory hearing authorized under this Chapter. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. (G) Parties shall be provided with an opportunity for a hearing during which they may be represented by counsel, present witnesses and cross-examine opposing witnesses. Parties may request the Administrative Law Judge to issue subpoenas to direct the attendance and testimony of relevant witnesses and the production of relevant documents; however issuance of the subpoena shall be at the discretion of the Administrative Law Judge where it is determined the witness or documents are material and do not constitute a needless presentation of cumulative or repetitive evidence. (H) Continuances may be granted at the discretion of the Administrative Law Judge upon a finding of good cause. (I) Upon the conclusion of a hearing the Administrative Law Judge shall issue a final determination of liability or no liability. No violation may be established except by proof by a preponderance of the evidence. (J) Upon issuing a determination of liability, the Administrative Law Judge may impose penalties and/or fines that are consistent with applicable provisions of this Code, impose a term of community service, assess costs reasonably related to instituting the administrative adjudication proceeding, if applicable, order the respondent to immediately correct the violation, and impose any other penalties or remedies available at law. (K) Payment in full of any fine or penalty resulting from a violation shall constitute a final disposition of that violation. Sec. 2.25-9 Defenses to a building code violation. Except for violations of Article VIII in Chapter 7, International Property Maintenance Code, of this Code, as amended, it shall be a defense to a building code violation charged if the owner, his attorney or any other agent or representative proves to the Administrative Law Judge's satisfaction that: (1) The building code violation alleged in the citation does not in fact exist or, at the time of the hearing, the violation has been remedied or removed; (2) The building code violation has been caused by the current property occupants and, in spite of reasonable attempts by the owner to maintain the dwelling free of such violation, including filing civil action to evict current occupants, the current occupants continue to cause the violation; (3) An occupant or resident of the dwelling has refused entry to the owner or his agent to all or part of the dwelling for the purpose of correcting the building code violation. Sec. 2.25-10 Sanctions applicable to owner; property. The order to correct a building code violation and the sanction imposed by the City as the result of a finding of a building code violation under this Chapter, shall attach to the property as well as to the owner of the property so that a finding of a building code violation against one owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of the subject structure or property shall be subject to the findings, decision and order of a hearing officer. Sec. 2.25-11 Subpoenas. (A) Issuance: Issuance of a subpoena shall be at the discretion of the Administrative Law Judge and shall only be enforceable for the attendance of persons or the production of books, records or other documents that have a relevant evidentiary connection with the: 1) subject matter, and 2) facts which are relevant to the case and relate to a contested issue in the case. A party's request to an Administrative Law Judge for a subpoena must be timely. Service of subpoenas shall be made in the same manner as summons in a civil action. Issuance shall be based upon whether the evidence sought is relevant and necessary to the defense of a violation, where without the issuance of the subpoena, the defense could not otherwise be established by the requesting party. (B) Content: A subpoena issued under this Chapter shall identify: (1) The person to whom it is directed; (2) The documents or other items sought by the subpoena, if any; and (3) The date, time and place for the appearance of the witnesses and the production of the documents or other items described in the subpoena. (C) Appearance: The date identified for the appearance of the witnesses or the production of the documents or other items shall not be less than 7 days after service of the subpoena. (D) Contesting a Subpoena: Within 5 business days of being served with a subpoena issued in accordance with this Chapter, the person or entity to whom the subpoena is directed may contest the issuance of the subpoena by filing a written motion with the Office of Administrative Adjudication, and with proper notice to all parties. The motion shall specify the grounds therefore, and shall be heard by an Administrative Law Judge on the return date indicated on the subpoena, or at the next hearing date scheduled for the case, whichever occurs earlier. Sec. 2.25-12 Default; motion to set aside default judgment. (A) Default: The Administrative Law Judge may find a respondent in default if the respondent, his attorney or authorized representative fails to appear at a hearing where proper service of notice of the hearing has been provided to the respondent, in accordance with this Chapter, and where there is not a finding of good cause by the Administrative Law Judge for the respondent's absence. Upon a finding of default, the hearing shall then proceed in absence of the respondent and evidence may be accepted relevant to the Code violation. A copy of the findings, decision and order resulting from the hearing shall be served on the respondent within 5 days after it is issued. (B) Motion to Set Aside Default Judgment: The Administrative Law Judge may set aside any judgment entered by default and set a new hearing date, upon a petition filed by the respondent within 21 days after the issuance of the order of default, if the Administrative Law Judge determines that the respondent's failure to appear at the hearing was for good cause, or at any time if the respondent establishes, by a preponderance of the evidence, that the City did not provide proper service of process. If any judgment is set aside pursuant to this Section, the Administrative Law Judge shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the City as a result of the vacated default judgment. When a judgment is vacated, the Administrative Law Judge shall proceed immediately with a new hearing on the underlying violation(s) as soon as practical. Sec. 2.25-13 Judicial review. Any final decision by an Administrative Law Judge that a Code violation does or does not exist shall constitute a final determination for purposes of judicial review and shall be subject to review under the Illinois Administrative Review Law(735 ILCS 5/3-101 et seq.). Sec. 2.25-14 Enforcement of judgment Any fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of or the failure to exhaust judicial review procedures under the Illinois Administrative Review Law are a debt due and owing the City and may be collected in accordance with applicable law. Additionally, after expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought for a final determination of a Code violation, unless stayed by a court of competent jurisdiction, the findings, decision and order of the Administrative Law Judge may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. (1) Failure to Comply; Costs of Enforcement: In any case in which a respondent has failed to comply with a judgment ordering that respondent to correct a Code violation or imposing any fine or other sanction as a result of a Code violation, any expenses incurred by the City to enforce the judgment entered against that respondent, including, but not limited to, attorneys' fees, court costs and costs related to property demolition or foreclosure, repair and/or enclosure of dangerous or unsafe buildings or uncompleted and abandoned buildings, costs for the removal of garbage, debris and other hazardous, noxious or unhealthy substances or materials from buildings or other real property after they are fixed by a court of competent jurisdiction or an Administrative Law Judge, shall be a debt due and owing the City and may be collected in accordance with applicable law. Prior to any expenses being fixed by the Administrative Law Judge pursuant to this Section, the City shall provide a notice to the respondent that states the respondent shall appear at a hearing before the Administrative Law Judge to determine whether the respondent has failed to comply with the judgment. The notice shall set the date for such hearing, which shall not be less than 7 days from the date that notice is served. If notice is served by mail, the 7-day period shall begin to run on the date the notice was deposited in the mail. (2) Lien: Upon being recorded in the manner required by Article XII of the Illinois Code of Civil Procedure (735 ILCS 5/12-10 1 et seq.), or by the Uniform Commercial Code (810 ILCS 5/1-101 et seq.), a lien shall be imposed on the real estate or personal estate, or both, of the respondent in the amount of any debt due and owing the City under this Code. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction. (3) Denial of Services: If the respondent fails to pay any debt due and owing the City as described in this Section within 14 days after service of the notice of debt, the City may take the following actions in addition to any debt collection authorized by law: (a) Decline to issue, renew or provide any license, permit, zoning variance or permission applied for or requested by respondent under any Code or ordinance of the City until the respondent pays such debt; or (b) Decline to issue or renew residential parking permits, temporary residential parking permits or passes, or any other permit required and applied for by the respondent under any Code or ordinance of the City, until the respondent pays such debt. Sec. 2.25-15 Parking and standing of vehicles and the condition and use of vehicle equipment. (A) This Section shall be applicable to violations of City ordinances regulating the parking and standing of vehicles and the condition and use of vehicle equipment. (B) Definitions: In addition to the definitions found in Appendix A of this Code, terms used in this Section, whether capitalized or not, shall have the following meanings: Compliance violation: A violation of a City ordinance or code governing the condition or use of equipment on a vehicle. Traffic Compliance Administrator: The City Administrator or designee, Vehicle Code: The Illinois Vehicle Code, 625 ILCS 511-100 et seq. Violation notice: A violation notice issued pursuant to 625 ILCS 5/11-208.3 and the provisions of this Section. (C) Traffic Compliance Administrator: Unless otherwise designated by the City Administrator, the director of the Office of Administrative Adjudication shall serve as the Traffic Compliance Administrator. The Traffic Compliance Administrator shall: (1) Operate an administrative adjudication system for the adjudication of violations of City ordinances regulating the parking and standing of vehicles and the condition and use of vehicle equipment; (2) Adopt, distribute and process violations of City ordinances regulating the parking and standing of vehicles and the condition and use of vehicle equipment and other notices required by 625 ILCS 5/11-208.3; and (3) Collect money paid as fines and penalties for violations of City ordinances regulating the parking and standing of vehicles and the condition and use of vehicle equipment (4) Make a certified report to the Secretary of State pursuant to 625 ILCS 5/6-306.5. Any such certified report shall contain the information required under 625 ILCS 5/6-306.5(c). (D) Administrative Law Judge: The adjudication of all notices of violation of City ordinances regulating the parking and standing of vehicles and the condition and use of vehicle equipment shall be conducted by an Administrative Law Judge conforming to all provisions of this Chapter. (E) Issuance of Citation: Police and community service officers shall have the authority to issue notices of violation for any vehicular parking, standing or compliance violation. (F) Notice Requirements: A violation notice shall include: (1) The date, time and place of the violation; (2) The particular regulation violated; (3) The fine and any penalty that may be assessed for late payment; (4) The vehicle make and state registration number; (5) The identification number of the person issuing the notice; (6) That the payment of the indicated fine, and any applicable penalty for late payment, shall operate as a final disposition of the violation; (7) Information on the availability of a hearing in which the violation may be contested on its merits; and (8) The time and manner in which a hearing will be held. (G) Service: (1) The original or a facsimile of the notice shall be affixed to the vehicle or by handing the notice to the operator of a vehicle if present. (2) When Traffic Compliance Administrators issue violation notices they shall certify to the correctness of the facts on the violation notice by signing their name to the notice at the time of service. The original or a facsimile of the violation notice shall be retained by the Traffic Compliance Administrator. A record of the proceeding shall be kept in the ordinary course of business. (3) A violation notice issued, signed and served in accordance with this Section, or a copy of the notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. The notice shall be admissible in any subsequent administrative or legal proceedings. (4) Service of additional notices may be sent by first class United States mail,postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State, or, under 625 ILCS 5/11-1306, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of lease. If notice to that address is returned as undeliverable, service shall be to the last known address recorded in a United States postal service database. The service shall be deemed complete as of the date of deposit with the United States postal service. (5) Second Violation Notice: A second notice of violation shall include: (a) The date and location of the violation cited in the violation notice; (b) The particular regulation violated; (c) The vehicle make and state registration number; (d) The fine and any penalty that may be assessed for late payment; (e) The method in which a hearing to contest the violation on its merits may be obtained by the respondent, and the time and manner in which the hearing may be requested; (f) A statement that failure either to pay the fine and any applicable penalty or to appear at the scheduled hearing will result in a final determination of violation liability for the cited violation in the amount of the fine and penalty indicated; and (g) A statement that, upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the City. (6) Final Notice of Determination: A notice of final determination of parking, standing and compliance violation liability shall be issued following a final determination of parking, standing and compliance violation liability and the conclusion of the judicial review procedures taken pursuant to this Section. The notice shall: (a) State the unpaid fine or penalty is a debt due and owing the City; and (b) Contain warnings that failure to pay any fine or penalty due and owing the City within the time specified may result in the City filing a petition in the 22°a Judicial Circuit Court to have the unpaid fine or penalty rendered a judgment as provided by this Section, or may result in suspension of the person's drivers license for failure to pay fines or penalties for 10 or more parking violations under 625 ILCS 5/6-306.5. (7) Driver's License Suspension: A notice of impending driver's license suspension shall: (a) Be sent to the person liable for any fine or penalty that remains due and owing on 10 or more parking violations; (b) State that failure to pay the fine or penalty owing within 45 days of the notice's date will result in the City notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under 625 ILCS 5/6-306.5; (c) State that the person may obtain a photostatic copy of an original ticket imposing a fine or penalty by sending a self-addressed, stamped envelope to the City with a request for a copy; and (d) Be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States postal service approved database. (H) Evidence Rules: An opportunity for a hearing for the registered owner of the vehicle cited in the violation notice in which the owner may contest the merits of the alleged violation, and during which formal or technical rules of evidence shall not apply; provided, however, that under 625 ILCS 5/11-1306, the lessee of a vehicle cited in the violation notice shall be provided an opportunity for a hearing as afforded the registered owner. (I) Defenses: For matters relating to parking and standing of vehicles and the condition and use of vehicle equipment, the Administrative Law Judge may consider in defense of a violation: (1) The motor vehicle, or registration plates, of the motor vehicle was stolen before the violation occurred and not under the control of or in the possession of the owner at the time of the violation; (2) The relevant required signs prohibiting or restricting parking were missing or obscured; (3) The facts alleged in the parking, standing or compliance violation notice are not correct, are materially inconsistent or do not support a finding that the specified regulation was violated; and (4) Any other evidence or issues provided by City ordinance. To demonstrate that the motor vehicle, or the registration plates, was stolen before the violation occurred and was not under the control or possession of the owner at the time of the violation, the owner must submit proof that a report concerning the stolen motor vehicle or registration plates was filed with a law enforcement agency in a timely manner. (J) Final Determination of Violation Liability: A final determination of violation liability shall occur following failure to pay the fine and any applicable penalty, or to appear at a hearing on the merits, and upon the exhaustion of the administrative review procedures. When a person fails to appear at his/her scheduled hearing to contest an alleged violation, the Administrative Law Judge's determination of violation liability shall become final (i) upon denial of a timely petition to set aside that determination; or (ii) upon expiration of the period for filing the petition without a filing having been made. (K) Appeals: A petition to void a determination may be filed by a person owing an unpaid fine or penalty and shall be filed within 30 days of the finding of liability and shall be ruled upon by the Administrative Law Judge. The grounds for such a petition are limited to: (1) The person was not the owner or lessee of the cited vehicle on the date the violation notice was issued; or (2) The person had paid the fine or penalty for the violation in question; or (3) Excusable failure to appear at or request a date for a hearing. When it has been determined there is just cause, the registered owner shall be provided with a hearing on the merits for the violation. (L) Procedures for Non-Residents: If an alleged violator does not reside within the City, the violation may be contested in writing pursuant to the notice of violation. In such circumstances, the non-resident may submit his or her position, in writing, signed and under oath, to the Administrative Law Judge, setting forth the reasons why a finding of liability should not be entered and why the issuance of the violation was improper. Said written challenge must be submitted not less than 14 days prior to the hearing as noted on the notice of violation. Sec. 2.25-16 Election of remedies. In no case may the Office of Administrative Adjudication conduct an administrative adjudication proceeding for an alleged violation of this Code where the remedy provided is a punishment of imprisonment; provided, however, where a violation of the Code is punishable by fines and other penalties in addition to imprisonment, the City may elect to institute an action with the Office of Administrative Adjudication and waive any imprisonment for the Code violation. Nothing in this Section, however, shall preclude the City from seeking the remedy of imprisonment in a court of competent jurisdiction. Sec. 2.25-17 Fines applicable to all offenses. Ordinance and Code violations that may be heard in an administrative adjudication as set forth in this Chapter shall carry the fines listed in this Code, with the maximum fines being $1,000 or as provided for in the State statutes, whichever is greater. CERTIFICATION I, JANICE C. JONES, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the day of , 2010, the foregoing Ordinance entitled An Ordinance Amending the Municipal Code, City of McHenry, Illinois, to Add Chapter 2.25, Administrative Adjudication, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the day of 2010, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of 2010. Janice C. Jones, Clerk City of McHenry, McHenry County, Illinois (SEAL)