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HomeMy WebLinkAboutPacket - 04/25/2011 - City Council City of McHenryfi 333 South Green Street www.ci.mchenry.il.us McHenry,Illinois 60050-5495 - Mayor's Office (815) 363-2108 Fax (815) 363-2119 Administration f! (815) 363-2100 AGENDA Fax (815) 363-2119 ANNUAL CITY COUNCIL MEETING Construction and Monday, April 25, 2011, 7:30 PM Neighborhood Services (815) 363-2170 Fax (815) 363-2173 Finance Department 1. Call to Order (815) 363-2100 Fax (815) 363-2119 2. Roll Call Parks and Recreation (815) 363-2160 3. Pledge of Allegiance Fax (815) 363-3186 Police Non-Emergency 4. Public Input Session, 10 Minute Limitation (815) 363-2200 Fax (815) 363-2149 5. Consent Agenda: A. General Order 42.8, Street Crimes Unit Operations & Procedures; Public Works B. April 18, 2011 City Council meeting minutes; and (815) 363-2186 C. Fiscal Year 2010/201 1 Bills for Approval Fax (815) 363-2214 6. Request for minor variance at 614 John Street Mayor 7• Year 201 1/2012 Annual Liquor License Renewals Susan E. Low 8. Request from Regency Centers for Sales Tax Rebate City Clerk Janice C. Jones g Mayor, Statement, Reports, and Annual Appointments Treasurer Steven C. Murgatroyd 10. Adjournment Aldermen Posted and Mailed: April 20, 2010 WARD 1 Victor A. Santi WARD 2 Andrew A. Glab WARD 3 Jeffrey A. Schaefer WARD 4 Geoffrey T. Blake WARD 5 Richard W. Wimmer WARD 6 Robert J. Peterson WARD 7 Geri A. Condon CONSENT AGENDA The Consent Agenda for the April 25, 2011 Annual City Council meeting consists of the following items: A. General Order 42.8, Street Crimes Unit Operations & Procedures; B. April 18, 2011 City Council meeting minutes; and C. Fiscal Year 2010/2011 Bills for Approval Attachments REGULAR MEETING APRIL 18, 2011 Mayor Low called the regularly scheduled April 18, 2011 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, and Condon. Absent: None. Also in attendance were City Administrator Black, Deputy City Administrator Martin, Assistant City Administrator Hobson, Deputy City Clerk Kunzer, City Attorney McArdle, Construction and Neighborhood Services Director Schwalenberg, Public Works Director Schmitt, Parks and Recreation Director Merkel, Chief of Police Jones. PUBLIC INPUT SESSION Kevin Metz of 4320 Lakewood Road addressed Council regarding the City's location of a fence protecting City property adjacent to McCullom Lake. Mr. Metz stated the City's plan to install a fence affects his family's security, safety and privacy. He stated the installation of the fence would prohibit his direct access to the lake and the easement area to which he has become accustomed to using. He expressed his strong opposition to the installation of the fence. Mayor Low stated City Administrator Black would contact Mr. Metz on April 19, 2011 regarding this matter. CONSENT AGENDA Mayor Low noted Consent Agenda Items C. Temporary use permit for Nicolino's Trackside, 621 Ridgeview Drive and D. Special event liquor license for Nicolino's Trackside, 621 Ridgeview Drive, have been pulled from this evening's Agenda. Motion by Wimmer, seconded by Blake, to approve the Consent Agenda as amended: A. Resolution declaring April 29,2011 as Arbor Day in the City of McHenry; B. Transfer of Class B-3 liquor license to 7-Eleven Inc,3308 West Elm Street; E. Picnic Permits; F. City Council Minutes: April 11,2011 regularly scheduled meeting; G. List of As-Needed Checks: BANKCARD PROCESSING CENT 4,099.81 BATTERIES PLUS 303.00 BLUE CROSS BLUE SHIELD O 119,384.95 CHICAGO FLOWER & GARDEN 130.00 COMED 23,650.69 FEDEX 24.70 FOP UNITS I/II 1,824.00 HOME DEPOT/GECF 2,009.61 ILLINOIS STATE POLICE 20.00 IUOE, LOCAL 150 1,992.78 MCHENRY AREA CHAMBER OF 50.00 MCHENRY COUNTY SWCD 45.00 MCHENRY POLICE OFFICER'S 807.00 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 256.00 PITNEY BOWES INC 2,037.86 Regular Meeting Page 2 r April 18,2011 POSTMASTER MCHENRY IL 1,591.29 PRE-PAID LEGAL SERVICES 142.45 UNITED PARCEL SERVICE 132.60 UNITED WAY OF MCHENRY CO 168.24 UNUM 1,437.25 GRAND TOTALS 160,149.56 FUND TOTALS GENERAL FUND 39,470.81 MCHENRY AREA CHARACTER COUNTS 50.00 WATER/SEWER FUND 769.11 EMPLOYEE INSURANCE FUND 119,384.95 RISK MANAGEMENT FUND 24.70 INFORMATION TECHNOLOGY FUND 449.99 TOTALS 160,149.56 H. List of Bills: 7-ELEVEN INC 30.00 ACE HARDWARE, BJORKMAN'S 2,390.23 AFTERMATH INC 95.00 AHLBORN EQUIPMENT INC 276.98 AIRGAS SAFETY INC 35.07 ALDI INC 30.00 ALEXANDER EQUIPMENT COMP 296.40 ANDREWS, MAUREEN J 330.00 ARAMARK 426.37 AT&T 35.03 AUTO TECH CENTERS INC 208.50 BOTTS WELDING & TRUCK SE 32.00 BUCK BROS INC 24.16 BURRAFATO, SAM 94.12 CENTEGRA OCCUPATIONAL ME 284.20 CINTAS CORPORATION #355 1,778.58 COMED 99.53 CONSERV FS 48.54 CUTTING EDGE COMMUNICATI 92.50 D'ANGELO NATURAL SPRING 46.50 DURA WAX COMPANY INC, TH 4.80 EAST JORDAN IRON WORKS 1,844.65 FAMILY TAILOR SHOP 25.00 FAST EDDIES CAR WASH 274.30 FISCHER BROS FRESH 2,275.00 FLESCH COMPANY INC, GORD 160.46 GRAINGER 489.74 ILLINOIS DEPARTMENT OF P 35.00 INTOXIMETERS 51.00 J G UNIFORMS INC 100.72 KIMBALL MIDWEST 274.21 KING, LAURA 1,774.00 KULIK, KATHY 29.64 LEXISNEXIS 248.50 LONESTAR HEATING & AIR C 4,000.00 MANN, LUKE 108.00 MARATHON TOWING 165.00 MARTIN, ROWENA 350.00 MCCAFFERTY, BRITTANY 364.00 MCHENRY ANALYTICAL WATER 400.00 MCHENRY COUNTY RECORDER 520.00 MIDCO 744.52 MIDWEST OPERATING ENGINE 5,566.00 MYERS-SCHMITZ, CAROL 153.00 NAPA AUTO PARTS MPEC 2,181.09 NORTHWEST ELECTRICAL SUP 101.54 O'BRIEN, CHRISTINA 202.40 ON TIME INC 429.70 OTTOSEN BRITZ KELLY COOP 55.50 PEPSI BEVERAGE COMPANY 210.94 PETROLIANCE LLC 4,511.74 PRECISION SHARPENING 46.00 Regular Meeting Page 3 • April 18,2011 PROSAFETY INC 84.75 R&S FENCE COMPANY 50.00 REAL LIVING PROPERTY 61.84 REINWALL MARINE SERVICE 3,682.88 RELIABLE SAND & GRAVEL 130.79 RIVERSIDE BAKE SHOP 91.46 SCHEEL, BRYAN 119.28 SEC GROUP INC 27,855.74 SECRETARY OF STATE / POL 99.00 SHAW SUBURBAN MEDIA 524.40 SHERWIN INDUSTRIES INC 2,495.00 STANS OFFICE TECHNOLOGIE 179.00 UNITED PARCEL SERVICE 48.82 VERIZON WIRELESS 1,722.15 VIKING CHEMICAL COMPANY 8,738.28 WASTE MANAGEMENT OF WI P 10,300.52 ZAHN, DAN 240.00 GRAND TOTALS 90,774.07 FUND TOTALS GENERAL FUND 26,636.87 CAPITAL IMPROVEMENTS FUND 27,581.74 WATER/SEWER FUND 25,661.67 MARINA OPERATIONS FUND 3,682.88 EMPLOYEE INSURANCE FUND 5,566.00 RISK MANAGEMENT FUND 194.66 INFORMATION TECHNOLOGY FUND 964.45 RETAINED PERSONNEL ESCROW 485.80 TOTAL 90,774.07 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Mayor Low announced Agenda Item No 10, the Ordinance authorizing the third amendment to the Redevelopment Agreement for the Medical Arts Building site located at 1110 North Green Street has been pulled from the Agenda at the applicant's request. ORDINANCE AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE LANG ANNEXATION AGREEMENT In attendance was Gary Lang, owner of the Gary Lang Auto Group. Deputy Administrator Martin stated Council considered a proposed amendment to the Lang Annexation Agreement at its April 4, 2011 regularly scheduled meeting. At that time Staff was directed to revisit the proposed language amending the agreement and return a revised agreement to Council for further discussion and consideration. He noted the amendment concerns two matters: 1. The terms of delaying the Lang contribution for waiver of sidewalks on his property which abuts Route 31; 2. Language to permit dealership signs on the building as well as freestanding signs to advertise the additional dealerships on the premises. Deputy Administrator Martin noted Council at its April 4th meeting determined there was a consensus that the wall sign exhibit and the Plan B freestanding sign package would be Regular Meeting Page 4 April 18,2011 approved. Staff has recommended the following language be included in the amendment to address the contribution of$21,000 toward the waiver of sidewalks on the premises: "Lang shall install public sidewalks along the entire Route 31 frontage (approximately 1,770 lineal feet more or less) of the Lang Development, consisting of Lots 1 through 6 as depicted on the overall site plan prepared by SEC Group, Inc. dated 8/13/10, project no. 86100276 ("Site Plan") in accordance with the applicable provisions of the Subdivision Control and Development Ordinance immediately upon the earlier to occur of either: a. Issuance of a building permit for a permanent building relative to development of Lot 6 referenced as a "potential future building area" on the Site Plan; or b. Upon sidewalks being constructed contiguous to the Lang Development on its north or south border." Deputy Administrator Martin noted in order for the ordinance providing for the amendment to the Lang Annexation Agreement to pass, a 2/3 vote of the corporate authorities is required, 6 of 8 votes, including the Mayor. Alderman Schaefer stated the proposed language amendments are appropriate and make sense. Alderman Peterson inquired if the language requiring the installation of sidewalks relates only to a permanent building and that the use of Lot 6 for car display would not trigger the need to install sidewalks. Deputy Administrator Martin replied in the affirmative. Mr. Lang noted if there was a plan to bring sidewalks to this area, he would have them installed on his property. Alderman Condon expressed her support of the revised language relating to the installation of sidewalks. However she noted she still has an issue with the proposed two electronic message signs and stated she could support only one electronic message sign. Mr. Lang responded the electronic message board signs would be fairly well-spaced apart. There would be approximately 400 feet between them. They are necessary as they relate to different dealerships. He suggested he could look into having the signs more evenly spaced on his property frontage along Route 31. Alderman Santi inquired if the amendment to the annexation agreement is tied to the property. Attorney McArdle responded in the affirmative. Alderman Glab stated he would prefer to have the applicant pay the $21,000 for the waiver of sidewalks. He understands proposed paragraph b, but not paragraph a. He noted even if a building were constructed on Lot 6 there is no assurance that sidewalks would be constructed in this area. It would make no sense to construct a sidewalk that leads nowhere. Regular Meeting Page 5 April 18,2011 Once the sidewalks are installed, the City would have to maintain them, even if they were not being used. Alderman Schaefer inquired if there were sidewalks installed to the south of the Lang Property along Route 31 as a part of the McHenry Corporate Center. Mr. Lang responded in the negative. Alderman Peterson inquired if Lots 5 or 6 are sold, would the owner of those properties be bound by the terms of the Lang Annexation Agreement and its amendments. Mr. Lang responded the terms of the agreement would go with the land. Attorney McArdle stated this issue would have to be discussed and resolved at the time of the sale of the property. City Attorney McArdle stated Council could choose to address each issue of the proposed amendment independently. However, both matters would eventually have to be addressed and included in the final language of the amendment to the agreement. In response to Attorney McArdle's inquiry, Mr. Lang responded he is comfortable moving forward with the proposed amendment as presented this evening in its entirety. Motion by Schaefer, seconded by Wimmer, to accept Staff's recommendation to pass an ordinance providing for the amendment to the Lang Annexation Agreement relating to signage and sidewalks as presented: Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Low. Voting Nay: Condon. Absent: None. Motion carried. REQUEST FOR THE FOLLOWING FROM ST. VINCENT DE PAUL SOCIETY FOR THEIR ANNUAL "FRIENDS OF THE POOR" SK WALK ON SEPTEMBER 24, 2011: 1. USE OF VETERANS MEMORIAL PARK: 2. WAIVER OF PARK USE FEES Assistant Administrator Hobson stated a request was submitted by the St. Vincent de Paul Society to host their annual "Friends of the Poor" 5K Walk on September 24, 2011. The event would end at Veterans Memorial Park where participants would be offered light refreshments and entertained with live music from the gazebo. The request includes a waiver of park use fees. Staff supports the request as presented. Alderman Schaefer expressed his concern for participants' safety on the route of the walk in the area along Riverside Drive in which there are no sidewalks. Regular Meeting Page 6 April 18,2011 Motion by Schaefer, seconded by Condon, to accept Staffs recommendation to approve the request submitted by the St. Vincent de Paul Society to host their annual "Friends of the Poor" 5K walk on September 24, 2011 at Veterans Memorial Park as submitted and to approve the waiver of park use fees. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR THE FOLLOWING FROM MCHENRY LIONS CLUB FOR THEIR ANNUAL CARNIVAL TO BE HELD ON JUNE 9-JUNE 11, 2011: 1. USE OF PETERSEN PARK: 2. PERMISSION TO POST TEMPORARY ADVERTISING SIGNS: 3. WAIVER OF ALL ASSOCIATED FEES: 4. TEMPORARY WAIVER OF MUNICIPAL CODE SECTION 16-25 WHICH PROHIBITS OVERNIGHT STAYS IN THE PARK Assistant Administrator Hobson stated the McHenry Lions Club has requested permission to use Petersen Park on June 9, 2011 through June 11, 2011 for its annual carnival. The request also includes permission to post temporary advertising signs, waiver of all associated fees, and waiver of the provisions of Municipal Code Chapter 16 Section 16-25 which prohibits overnight stays in the park. Assistant Administrator Hobson noted this is the 191h year for this event. Staff supports the request as presented. Alderman Condon expressed her amazement that this is the 19th year for the event. The carnival is always a well-run event and is a great asset to the community. In response to Alderman Santi's inquiry, Assistant Administrator Hobson replied there is no anticipated conflict with the use of the park by any of the ball leagues. He opined the carnival would actually compliment any other uses ongoing during the event as it would offer additional recreational opportunities. Alderman Schaefer inquired if the carnival would be on the premises Wednesday night. Assistant Administrator Hobson responded the plans for the carnival indicate arrival on Thursday morning,June 9th Motion by Condon, seconded by Santi,to accept Staffs recommendation to approve the following as requested by the McHenry Lions Club for their annual carnival to be held on June 9, 2011 through June 11, 2011: 1. Use of Petersen Park; 2. Permission to post temporary advertising signs for the event; 3. Waiver of all associated fees; Regular Meeting Page 7 April 18,2011 4. Temporary waiver of Municipal Code Chapter 16, Section 15-25 to allow overnight stays in Petersen Park for the event from June 9, 2011 through June 11, 2011, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW THE SERVICE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT- BRUNCH CAFE.414 SOUTH ROUTE 31 Deputy Administrator Martin stated Bunch Cafe filed an application for a conditional use permit to allow the service of alcoholic beverages in conjunction with its restaurant. The Planning and Zoning Commission considered the request at its March 3, 2011 regularly scheduled meeting and unanimously recommended approval subject to the condition the conditional use permit would become null and void if the restaurant ceased operation, for six consecutive months. Staff concurs with the Planning and Zoning Commission and supports the granting of the conditional use permit. An ordinance providing for the issuance of the conditional use permit has been prepared for Council's consideration. Mayor Low stated she has met with business owner Andy Zatos and would recommend the approval of the issuance of a liquor license as requested. Alderman Santi inquired what hours the alcoholic beverages would be served and would there be a conflict with the Municipal Code relating to Sunday hours. Deputy Administrator Martin noted the applicant intends to serve beverages in conjunction with its brunch menu. Alderman Glab requested Staff investigate if there would be a conflict with the Municipal Code regarding the service of alcoholic beverages prior to 10 a.m. on Sundays. City Administrator Black stated Staff would confirm that no conflict exists. Motion by Santi, seconded by Blake, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass an ordinance granting a conditional use permit to Brunch Cafe, located at 414 South Route 31 to allow the service of alcoholic beverages in conjunction with a restaurant, subject to the condition that if the restaurant becomes vacant or closes for six consecutive months,the conditional use permit shall be revoked. Voting Aye: Santi, Glab,Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 8 April 18,2011 REQUEST FOR THE FOLLOWING FOR BRUNCH CAFE LOCATED AT 414 SOUTH ROUTE 31: 1. APPROVAL OF CLASS G1 LIQUOR LICENSE: FOR BRUNCH CAFE; 2. APPROVAL OF AN ORDINANCE PROVIDING FOR INCREASE IN THE NUMBER OF CLASS G1 LIQUOR LICENSES FROM FIVE TO SIX Mayor Low stated in order for the City to issue a Class G1 liquor license to Andy Zatos, owner of Brunch Cafe, an ordinance must be approved increasing the number of Class G1 liquor licenses in the City. Motion by Wimmer, seconded by Schaefer, to accept Mayor Low's recommendation to approve a Class G1 liquor license for Brunch Cafe, located at 414 South Route 31, and to pass an ordinance increasing the number of Class G1 liquor licenses from five to six. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AUTHORIZING THE THIRD AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE MEDICAL ARTS PROPERTY LOCATED AT 2110 NORTH GREEN STREET As previously stated, Mayor Low announced the ordinance authorizing the third amendment to the redevelopment agreement for the Medical Arts Property located at 1110 North Green Street was pulled from this evening's agenda for consideration at the applicant's request. MAYOR STATEMENT AND REPORT Mayor Low reported that Saturday's first annual United Way 5K Human Race was extremely successful and a well-run event. There were more than 700 who signed up for the event which involved 39 not-for-profit agencies. In spite of the poor weather, the event was well-attended.The McHenry Corporate Center was a great venue for the race. COMMITTEE REPORTS Character Counts! Coalition Council Liaison Alderman Condon reported the Coalition is sponsoring a "Towns Against Tragedy" event Tuesday evening, April 19th at West Campus High School at 7 p.m. She encouraged all to attend. Finance and Personnel Committee Chairman Alderman Schaefer announced a committee meeting has been scheduled for Thursday, April 21, 2011 at 7 p.m. in the Aldermen's Conference Room. STAFF REPORTS There were no Staff Reports. Regular Meeting Page 9 April 18,2011 FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:00 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:00 p.m. Mayor Deputy City Clerk ')ATE 4/20/2011 04:18 PM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 4/25/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11040630 100 33 1108 ADAMS ENTERPRISES INC, R 454746VEHICLE REPAIR PARTS 04/25/11 0 041911 107.40 100.33.5370 1104 041911 GLJ1942 107.40 041911 11040631 100 33 1106 ADAMS STEEL SERVICE INC 5153 YEARLY BOTTLE RENTAL 04/25/11 0 041911 120.00 100.33.6110 1104 041911 GLJ1942 120.00 041911 11040632 100 33 1256 AHLBORN EQUIPMENT INC 69866 SUPPLIES 04/25/11 0 041911 55.81 100.33.6110 1104 041911 GLJ1942 55.81 041911 11040633 100 33 1256 AHLBORN EQUIPMENT INC 70017 SUPPLIES 04/25/1.1 0 041911 250.94 100.33.6110 1104 041911 GLJ1942 250.94 041911 11040634 510 32 1258 AIRGAS SAFETY INC 9001035539SUPPLIES 04/25/11 0 041911 124.25 510.32.6110 1104 041911 GLJ1942 124.25 041911 11040635 100 33 1389 ALEXANDER EQUIPMENT COMP 75157 VEHICLE REPAIR PARTS 04/25/11 0 041911 594.40 100.33.5370 1104 041911 GLJ1942 594.40 041911 11040636 100 33 1389 ALEXANDER EQUIPMENT COMP 75407 SUPPLIES 04/25/11 0 041911 159.60 100.33.6110 1104 041911 GLJ1942 159.60 041911 11040637 100 42 1446 AMERICAN SOLUTIONS FOR B 778391POOL PASSES 04/25/11 0 041911 290.07 100.42.6110 1104 041911 GLJ1942 290.07 041911 11040638 100 45 1632 ARAMARK 74650375 EMPLOYEE UNIFORMS 04/25/11 0 041911 74.97 100.45.4510 1104 041911 GLJ1942 74.97 041911 11040641 XXXXX XXXXX 1450 AT&T 8153632114CENTREX PHONE LINES 04/25/11 0 041911 2,773.37 100.01.5320 1104 041911 GLJ1942 578.08 041911 100.02.5320 1104 041911 GLJ1942 57.58 041911 100.22.5320 1104 041911 GLJ1942 692.93 041911 100.30.5320 1104 041911 GLJ1942 233.43 041911 100.33.5320 1104 041911 GLJ1942 586.44 041911 100.41.5320 1104 041911 GLJ1942 115.16 041911 100.42.5320 1104 041911 GLJ1942 57.58 041911 100.43.5320 1104 041911 GLJ1942 57.58 041911 100.44.5320 1104 041911 GLJ1942 115.16 041911 100.45.5320 1104 041911 GLJ1942 174.55 041911 100.42.5320 1104 041911 GLJ1942 .01CR 041911 100.43.5320 1104 041911 GLJ1942 .01CR 041911 620.00.5110 1104 041911 GLJ1942 104.90 041911 11040642 510 XXXXX 1450 AT&T 8153632114CENTREX PHONE LINES 04/25/11 0 041911 815.73 510.31.5320 1104 041911 GLJ1942 468.35 041911 510.32.5320 1104 041911 GLJ1942 347.38 041911 11040643 100 XXXXX 1450 AT&T APRIL 2011ALARM CIRCUITS 04/25/11 0 041911 91.41 100.43.5320 1104 041911 GLJ1942 30.30 041911 100.45.5320 1104 041911 GLJ1942 15.40 041911 100.46.5320 1104 041911 GLJ1942 15.40 041911 100.33.5320 1104 041911 GLJ1942 30.31 041911 DATE 4/20/2011 04:18 PM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 4/25/11 v 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 ------------------------------------------------------------------------------------------------------------------------------------ 11040639 100 XXXXX 1452 AT&T LONG DISTANCE 813828058 LONG DISTANCE PHONE SERVICE 04/25/11 0 041911 139.86 100.01.5320 1104 041911 GLJ1942 135.92 041911 100.22.5320 1104 041911 GLJ1942 .07 041911 100.30.5320 1104 041911 GLJ1942 .71 041911 100.33.5320 1104 041911 GLJ1942 2.42 041911 100.41.5320 1104 041911 GLJ1942 .60 041911 100.45.5320 1104 041911 GLJ1942 .14 041911 11040644 100 03 2246 BHFX DIGITAL IMAGING 35974 LARGE COPIER PAPER 04/25/11 0 041911 166.65 100.03.6210 1104 041911 GLJ1943 166.65 041911 11040645 100 33 2757 BURRAFATO, SAM CLOTHING ALLOWANCE REIMB 04/25/11 0 041911 21.36 100.33.4510 1104 041911 GLJ1943 21.36 041911 11040646 100 22 2765 BUSS FORD SALES 40345 VEHICLE REPAIR PARTS 04/25/11 0 041911 421.18 100.22.5370 1104 041911 GLJ1943 421.18 041911 11040647 100 22 2765 BUSS FORD SALES 40356 VEHICLE REPAIR PARTS 04/25/11 0 041911 227.30 100.22.5370 1104 041911 GLJ1943 227.30 041911 11040717 100 22 2765 BUSS FORD SALES 22709 USED VEHICLE PURCHASE 04/25/11 0 042011 8,600.00 100.22.8400 1104 042011 GLJ1947 8600.00 042011 100-VEHPD 11040648 510 31 3007 CAREY ELECTRIC 25143 WELL PUMP SERVICE CALL 04/25/11 0 041911 105.00 510.31.5110 1104 041911 GLJ1943 105.00 041911 11040649 100 XXXXX 3015 CARQUEST AUTO PARTS STOR MARCH 2011VEHICLE REPAIR PARTS 04/25/11 0 041911 488.38 100.22.5370 1104 041911 GLJ1943 263.27 041911 100.33.5370 1104 041911 GLJ1943 183.80 041911 100.45.5370 1104 041911 GLJ1943 41.31 041911 11040650 100 33 3020 CASSIDY TIRE & SERVICE 9052528 BACKHOE TIRES 04/25/11 0 041911 505.00 100.33.5370 1104 041911 GLJ1943 505.00 041911 11040651 620 00 3135 CDW GOVERNMENT INC XBZ4973 COMPUTER EQUIPMENT 04/25/11 O 041911 4,268.02 620.00.6270 1104 041911 GLJ1943 4268.02 041911 11040652 620 00 3135 CDW GOVERNMENT INC XCD2695 COMPUTER SUPPLIES 04/25/11 0 041911 892.92 620.00.6110 1104 041911 GLJ1943 892.92 041911 11040653 620 00 3135 CDW GOVERNMENT INC XBB2532 COMPUTER SUPPLIES 04/25/11 0 041911 116.57 620.00.6110 1104 041911 GLJ1943 116.57 041911 11040654 610 00 3157 CENTEGRA OCCUPATIONAL ME 92797 MEDICAL SERVICES 04/25/11 0 041911 58.80 610.00.6940 1104 041911 GLJ1943 58.80 041911 11040655 100 33 6635 CHICAGO INTERNATIONAL TR 112046738 VEHICLE REPAIR PARTS 04/25/11 0 041911 75.16 100.33.5370 1104 041911 GLJ1943 75.16 041911 DATE 4/20/2011 04:18 PM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 4/25/11 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 ----------------------------------------------------------------------------------------------------------------------------------- 11040663 100 33 6635 CHICAGO INTERNATIONAL TR 111141193 VEHICLE REPAIR PARTS 04/25/11 O 041911 1,910.21 100.33.5370 1104 041911 GLJ1943 1910.21 041911 11040656 100 33 3285 CINTAS CORPORATION #355 3685370001EMPLOYEE UNIFORMS 04/25/11 0 041911 159.99 100.33.4510 1104 041911 GLJ1943 159.99 041911 11040657 620 00 3420 CMS COMMUNICATIONS INC 1108818 2 LINE SPEAKER PHONE 04/25/11 0 041911 65.00 620.00.6270 1104 041911 GLJ1943 65.00 041911 11040658 100 33 3509 COMCAST CABLE 4/12-5/11 INTERNET SERVICE 04/25/11 0 041911 50.02 100.33.5320 1104 041911 GLJ1943 50.02 041911 11040659 510 XXXXX 3509 COMCAST CABLE 4/12-5/11 INTERNET SERVICE 04/25/11 0 041911 25.76 510.31.5320 1104 041911 GLJ1943 22.73 041911 510.32.5320 1104 041911 GLJ1943 3.03 041911 11040660 510 XXXXX 3565 CONSTELLATION NEWENERGY 3103778 WATER/SEWER PUMPING CHARGES 04/25/11 0 041911 41,087.30 510.31.5510 1104 041911 GLJ1943 8149.68 041911 510.32.5510 1104 041911 GLJ1943 32937.62 041911 11040736 510 XXXXX 3565 CONSTELLATION NEWENERGY 3195170 WATER/SEWER PUMPING CHARGES 04/25/11 0 042011 2,132.35 510.31.5510 1104 042011 GLJ1948 1890.74 042011 510.32.5510 1104 042011 GLJ1948 241.61 042011 11040661 100 01 3634 CRESCENT ELECTRIC SUPPLY 112179356 ELECTRICAL SUPPLIES 04/25/11 0 041911 12.91 100.01.6110 1104 041911 GLJ1943 13.17 041911 100.01.6110 1104 041911 GLJ1943 EARLY PAY DISCOUNT .26CR 041911 11040662 100 01 3634 CRESCENT ELECTRIC SUPPLY 112179368 ELECTRICAL SUPPLIES 04/25/11 0 041911 38.72 100.01.6110 1104 041911 GLJ1943 39.51 041911 100.01.6110 1104 041911 GLJ1943 EARLY PAY DISCOUNT .79CR 041911 11040758 100 33 3742 CURRAN CONTRACTING COMPA 75649 MATERIALS 04/25/11 0 042011 632.10 100.33.6110 1104 042011 GLJ1955 632.10 042011 11040739 620 00 4296 DISCOUNTECHNOLOGY IV6728COMPUTER EQUIPMENT 04/25/11 0 042011 187.20 620.00.6270 1104 042011 GLJ1948 187.20 042011 11040664 620 00 4530 DOCUMENT IMAGING DIMENSI 89818 PRINTER TONER CARTRIDGES 04/25/11 0 041911 1,679.38 620.00.6210 1104 041911 GLJ1943 22 1430.42 041911 620.00.6210 1104 041911 GLJ1943 01 119.00 041911 620.00.6210 1104 041911 GLJ1943 04 129.96 041911 11040759 100 22 4560 DOUG'S TRANSMISSIONS 11-1262 VEHICLE REPAIRS 04/25/11 0 042011 1,285.00 100.22.5370 1104 042011 GLJ1955 1285.00 042011 11040665 100 33 4760 DURA WAX COMPANY INC, TH 348098SUPPLIES 04/25/11 0 041911 60.65 100.33.6110 1104 041911 GLJ1943 60.65 041911 11040666 100 45 4760 DURA WAX COMPANY INC, TH 348192SUPPLIES 04/25/11 0 041911 190.10 100.45.6110 1104 041911 GLJ1943 190.10 041911 DATE 4/20/2011 04:18 PM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 4/25/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11040667 100 45 4760 DURA WAX COMPANY INC, TH 348307SUPPLIES 04/25/11 0 041911 42.00 100.45.6110 1104 041911 GLJ1943 42.00 041911 11040740 510 32 5050 EAST JORDAN IRON WORKS 3360333 SUPPLIES 04/25/11 0 042011 499.00 510.32.6110 1104 042011 GLJ1948 499.00 042011 11040668 100 45 5107 ED'S RENTAL & SALES INC 5064-1SUPPLIES 04/25/11 0 041911 30.95 100.45.6270 1104 041911 GLJ1943 30.95 041911 11040669 100 33 5309 EJ EQUIPMENT 43371 VEHICLE REPAIR PARTS 04/25/11 0 041911 1,014.51 100.33.5370 1104 041911 GLJ1943 1014.51 041911 11040670 100 33 5740 ETTEN, CHRISTOPHER CLOTHING ALLOWANCE REIMB 04/25/11 0 041911 215.00 100.33.4510 1104 041911 GLJ1943 215.00 041911 11040741 100 01 6566 FOUR SEASONS DISPLAY INC 2871 DOWNTOWN BANNERS 04/25/11 0 042011 1,394.75 100.01.6110 1104 042011 GLJ1948 1394.75 042011 11040671 100 33 6559 FOXCROFT MEADOWS INC 37428 GRASS SEED & STRAW BLANKETS 04/25/11 0 042011 161.00 100.33.6110 1104 042011 GLJ1944 161.00 042011 11040742 100 01 7149 G & E GREENHOUSES INC 154460SPRING PLANTINGS 04/25/11 0 042011 473.15 100.01.6110 1104 042011 GLJ1948 473.15 042011 11040743 100 45 7150 GEMPLER'S INC 1017144133SUPPLIES 04/25/11 0 042011 152.75 100.45.6110 1104 042011 GLJ1948 152.75 042011 11040672 100 01 7404 GLOBAL EQUIPMENT COMPANY 104009145 SUPPLIES 04/25/11 0 042011 467.40 100.01.6110 1104 042011 GLJ1944 467.40 042011 11040673 100 01 7404 GLOBAL EQUIPMENT COMPANY 104006869 SUPPLIES 04/25/11 0 042011 485.26 100.01.6110 1104 042011 GLJ1944 485.26 042011 11040674 100 45 7524 GOAL SPORTING GOODS INC 229508SOCCER NETS 04/25/11 0 042011 160.22 100.45.6110 1104 042011 GLJ1944 160.22 042011 11040675 100 45 7645 GROWER EQUIPMENT & SUPPL 46558 SUPPLIES 04/25/11 0 042011 57.82 100.45.6110 1104 042011 GLJ1944 57.82 042011 11040744 100 01 8022 HARM'S FARM 16963 SUPERTUNIA MOSS BASKETS 04/25/11 0 042011 3,850.00 100.01.5110 1104 042011 GLJ1948 3850.00 042011 11040676 510 32 8650 HRGREEN 73451 NPDES PERMIT RENEWAL 04/25/11 0 042011 137.00 CENTRAL PLANT 510.32.5110 1104 042011 GLJ1944 137.00 042011 11040677 100 22 8741 HUFFMAN, DAWN CLOTHING ALLOWANCE REIMB 04/25/11 0 042011 27.65 100.22.4510 1104 042011 GLJ1944 27.65 042011 11040678 100 22 11025 KALE UNIFORMS INC 542879EMPLOYEE UNIFORMS 04/25/11 0 042011 83.55 DATE 4/20/2011 04:18 PM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 4/25/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 100.22.4510 1104 042011 GLJ1944 83.55 042011 11040679 100 33 11286 KIMBALL MIDWEST 1910024 SUPPLIES 04/25/11 0 042011 103.49 100.33.5370 1104 042011 GLJ1944 114.96 042011 100.33.5370 1104 042011 GLJ1944 EARLY PAY DISCOUNT 11.47CR 042011 11040680 100 33 11286 KIMBALL MIDWEST 1900667 SUPPLIES 04/25/11 0 042011 176.73 100.33.5370 1104 042011 GLJ1944 188.20 042011 100.33.5370 1104 042011 GLJ1944 EARLY PAY DISCOUNT 11.47CR 042011 11040681 100 22 11287 KING KONSTRUCTION 4/13/11 TABLE TOP CITY MODEL 04/25/11 0 042011 500.00 100.22.6110 1104 042011 GLJ1944 500.00 042011 11040682 100 46 12530 LOCKER'S FLOWERS 492723DANCE RECITAL FLOWERS 04/25/11 0 042011 38.00 100.46.6110 1104 042011 GLJ1944 38.00 042011 11040683 100 01 13023 MAYFAIR CARPETS & FURNIT 580390TILE REPAIRS 04/25/11 0 042011 600.00 100.01.6110 1104 042011 GLJ1944 600.00 042011 11040684 100 01 13023 MAYFAIR CARPETS & FURNIT 579990CARPET REPAIRS 04/25/11 0 042011 845.00 100.01.5110 1104 042011 GLJ1944 845.00 042011 11040753 510 31 14246 MCHENRY ANALYTICAL WATER 27197 WATER SAMPLE ANALYSIS 04/25/11 0 042011 90.00 510.31.5110 1104 042011 GLJ1954 90.00 042011 11040690 100 XXXXX 14275 MCHENRY COMMUNITY SCHOOL JAN-MAY 11PARKS PROGRAM RENTAL SPACE 04/25/11 0 042011 914.81 100.46.5110 1104 042011 GLJ1944 21.00 042011 100.47.5110 1104 042011 GLJ1944 893.81 042011 11040640 510 XXXXX 14252 MCHENRY COUNTRY CLUB 813828058 LONG DISTANCE PHONE SERVICE 04/25/11 0 041911 4.91 510.31.5320 1104 041911 GLJ1942 3.23 041911 510.32.5320 1104 041911 GLJ1942 1.68 041911 11040688 510 31 14255 MCHENRY COUNTY COLLEGE C294 WORKSHOPS 04/25/11 0 042011 138.00 510.31.5430 1104 042011 GLJ1944 138.00 042011 11040754 100 47 14267 MCHENRY FAVORITE SPORT C 284 NSA RULEBOOK 04/25/11 0 042011 21.00 100.47.6110 1104 042011 GLJ1954 21.00 042011 11040689 510 32 14266 MCHENRY FIRESTONE 17811 FLAT TIRE REPAIRS 04/25/11 0 042011 25.00 510.32.5370 1104 042011 GLJ1944 25.00 042011 11040762 510 32 14266 MCHENRY FIRESTONE 17812 TIRES 04/25/11 0 042011 1,489.00 510.32.5370 1104 042011 GLJ1955 1489.00 042011 11040691 100 33 14424 MCMASTER-CARR SUPPLY CO 79607920 VEHICLE REPAIR PARTS 04/25/11 0 042011 55.13 100.33.5370 1104 042011 GLJ1944 55.13 042011 11040686 100 00 2 MDC ENVIRONMENTAL SERVIC LICENSE OVERPAYMENT REFUND 04/25/11 0 042011 600.00 100.00.3320 1104 042011 GLJ1944 600.00 042011 DATE 4/20/2011 04:18 PM CITY OF MCHENRY PAGE 6 •� LIST OF BILLS COUNCIL MEETING 4/25/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11040760 100 33 13140 MEADE ELECTRIC COMPANY 1650036TRAFFIC SIGNAL CONTROL BOX 04/25/11 0 042011 587.63 100.33.6110 1104 042011 GLJ1955 587.63 042011 11040751 510 32 13164 METROPOLITAN INDUSTRIES 244227UTILITY SYSTEM REPAIRS 04/25/11 0 042011 258.77 510.32.5380 1104 042011 GLJ1954 258.77 042011 11040687 510 31 13309 MID AMERICAN WATER OF WA 405249W SUPPLIES 04/25/11 0 042011 24.10 510.31.6110 1104 042011 GLJ1944 24.10 042011 11040761 510 31 13309 MID AMERICAN WATER OF WA 124384W SUPPLIES 04/25/11 0 042011 509.50 510.31.6110 1104 042011 GLJ1955 509.50 042011 11040752 100 01 13277 MIDWEST HOSE AND FITTING M5062 SUPPLIES 04/25/11 0 042011 46.32 100.01.6110 1104 042011 GLJ1954 46.32 042011 11040692 740 00 15144 NEUMANN JR, EDWARD J MAY 2011 PARKING LOT RENTAL 04/25/11 0 042011 500.00 740.00.6960 1104 042011 GLJ1944 500.00 042011 11040693 100 XXXXX 15545 NICOR GAS MAR/APR 11UTILITIES 04/25/11 0 042011 119.18 100.45.5510 1104 042011 GLJ1944 59.59 042011 100.46.5510 1104 042011 GLJ1944 59.59 042011 11040694 510 32 15545 NICOR GAS MAR/APR 11UTILITIES 04/25/11 0 042011 768.63 510.32.5510 1104 042011 GLJ1944 768.63 042011 11040755 510 XXXXX 15545 NICOR GAS MARCH/APR UTILITIES 04/25/11 0 042011 1,236.47 510.31.5510 1104 042011 GLJ1954 307.26 042011 510.32.5510 1104 042011 GLJ1954 929.21 042011 11040695 100 33 16717 OTTER SALES & SERVICE IN P116965 MOWING TRACTOR REPAIR PARTS 04/25/11 0 042011 2,226.19 100.33.5370 1104 042011 GLJ1944 2226.19 042011 11040756 100 01 17005 PACE 119928LOCAL SHARE DIAL-A-RIDE 04/25/11 0 042011 8,033.32 FEB 2011 100.01.5110 1104 042011 GLJ1954 8033.32 042011 11040696 100 XXXXX 2532 PETROLIANCE LLC 8986026 VEHICLE FUEL 04/25/11 0 042011 1,552.52 100.33.6250 1104 042011 GLJ1944 1459.39 042011 100.01.6250 1104 042011 GLJ1944 93.13 042011 11040697 100 03 2532 PETROLIANCE LLC 8992744 VEHICLE FUEL 04/25/11 0 042011 73.84 100.03.6250 1104 042011 GLJ1944 73.84 042011 11040698 100 45 2532 PETROLIANCE LLC 8992747 VEHICLE FUEL 04/25/11 0 042011 234.91 100.45.6250 1104 042011 GLJ1944 234.91 042011 11040699 510 31 2532 PETROLIANCE LLC 8986024 VEHICLE FUEL 04/25/11 0 042011 548.47 510.31.6250 1104 042011 GLJ1944 548.47 042011 11040700 510 32 2532 PETROLIANCE LLC 8987824 VEHICLE FUEL 04/25/11 0 042011 629.30 510.32.6250 1104 042011 GLJ1944 629.30 042011 'DATE 4/20/2011 04:18 PM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 4/25/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11040701 510 32 2532 PETROLIANCE LLC 8987825 DRUM DEPOSIT CREDIT 04/25/11 0 042011 20.00- 510.32.6250 1104 042011 GLJ1944 20.000R 042011 11040763 510 32 2532 PETROLIANCE LLC 8986023 VEHICLE FUEL 04/25/11 0 042011 642.66 510.32.6250 1104 042011 GLJ1955 642.66 042011 11040764 510 32 2532 PETROLIANCE LLC 8988619 VEHICLE FUEL 04/25/11 0 042011 133.98 510.32.6250 1104 042011 GLJ1955 133.98 042011 11040765 510 32 2532 PETROLIANCE LLC 8989266 VEHICLE FUEL 04/25/11 0 042011 192.82 510.32.6250 1104 042011 GLJ1955 192.82 042011 11040766 100 22 2532 PETROLIANCE LLC 8992749 VEHICLE FUEL 04/25/11 0 042011 3,183.01 100.22.6250 1104 042011 GLJ1955 3183.01 042011 11040767 100 33 2532 PETROLIANCE LLC 8992748 VEHICLE FUEL 04/25/11 0 042011 1,054.70 100.33.6250 1104 042011 GLJ1955 1054.70 042011 11040768 510 31 2532 PETROLIANCE LLC 8992746 VEHICLE FUEL 04/25/11 0 042011 737.41 510.31.6250 1104 042011 GLJ1955 737.41 042011 11040769 100 22 2532 PETROLIANCE LLC 8988623 VEHICLE FUEL 04/25/11 0 042011 1,458.36 100.22.6250 1104 042011 GLJ1955 1458.36 042011 11040770 100 22 2532 PETROLIANCE LLC 8989269 VEHICLE FUEL 04/25/11 0 042011 1,270.58 100.22.6250 1104 042011 GLJ1955 1270.58 042011 11040702 100 22 17154 PETTIBONE & CO, P F 22629 EMPLOYEE UNIFORMS 04/25/11 0 042011 201.00 100.22.4510 1104 042011 GLJ1944 201.00 042011 11040703 100 22 17154 PETTIBONE & CO, P F 22630 EMPLOYEE UNIFORMS 04/25/11 0 042011 170.00 100.22.4510 1104 042011 GLJ1944 170.00 042011 11040704 100 22 17154 PETTIBONE & CO, P F 22622 EMPLOYEE UNIFORMS 04/25/11 0 042011 61.50 100.22.4510 1104 042011 GLJ1944 61.50 042011 11040705 100 22 17154 PETTIBONE & CO, P F 22601 EMPLOYEE UNIFORMS 04/25/11 0 042011 81.50 100.22.4510 1104 042011 GLJ1944 81.50 042011 11040706 100 22 17154 PETTIBONE & CO, P F 22583 EMPLOYEE UNIFORMS 04/25/11 0 042011 170.00 100.22.4510 1104 042011 GLJ1944 170.00 042011 11040707 100 22 17154 PETTIBONE & CO, P F 22579 EMPLOYEE UNIFORMS 04/25/11 0 042011 190.00 100.22.4510 1104 042011 GLJ1944 190.00 042011 11040708 100 22 17154 PETTIBONE & CO, P F 22582 EMPLOYEE UNIFORMS 04/25/11 0 042011 120.00 100.22.4510 1104 042011 GLJ1944 120.00 042011 11040709 100 22 17154 PETTIBONE & CO, P F 22581 EMPLOYEE UNIFORMS 04/25/11 0 042011 354.00 100.22.4510 1104 042011 GLJ1944 354.00 042011 DATE 4/20/2011 04:18 PM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 4/25/11 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 ------------------------------------------------------------------------------------------------------------------------------------ 11040710 100 22 17154 PETTIBONE & CO, P F 22578 EMPLOYEE UNIFORMS 04/25/11 0 042011 95.00 100.22.4510 1104 042011 GLJ1944 95.00 042011 11040711 100 22 17154 PETTIBONE & CO, P F 22580 EMPLOYEE UNIFORMS 04/25/11 0 042011 150.00 100.22.4510 1104 042011 GLJ1944 150.00 042011 11040712 100 22 17154 PETTIBONE & CO, P F 22584 EMPLOYEE UNIFORMS 04/25/11 0 042011 284.00 100.22.4510 1104 042011 GLJ1944 284.00 042011 11040713 100 45 19028 PITEL SEPTIC INC 7361 PORTABLE TOILET RENTALS 04/25/11 0 042011 675.00 100.45.5110 1104 042011 GLJ1944 675.00 042011 11040714 100 22 17640 PRECISION SERVICE & PART 06-119778 VEHICLE REPAIR PARTS 04/25/11 0 042011 296.99 100.22.5370 1104 042011 GLJ1944 296.99 042011 11040716 100 33 17656 PROSAFETY INC 11947 EMPLOYEE UNIFORM ITEMS 04/25/11 0 042011 62.80 100.33.4510 1104 042011 GLJ1944 62.80 042011 11040718 100 33 19015 RADICOM INC 01865PMOBILE RADIOS 04/25/11 0 042011 3,868.00 100.33.6110 1104 042011 GLJ1947 3868.00 042011 11040719 510 31 19157 REICHE'S PLUMBING SEWER 4/5/11PLUMBING SERVICES 04/25/11 0 042011 110.00 510.31.5110 1104 042011 GLJ1947 110.00 042011 11040720 100 47 19154 REISHUS, DEIRDRE 1/8-3/29 PARKS PROGRAM INSTRUCTOR 04/25/11 0 042011 504.00 100.47.5110 1104 042011 GLJ1947 504.00 042011 11040721 100 01 19152 RELIABLE MAINTENANCE INC 38326 CARPET CLEANING 04/25/11 0 042011 300.00 100.01.5110 1104 042011 GLJ1947 300.00 042011 11040722 100 33 19286 RIETESEL, BYRON 4/8/11SIGN REPAIRS 04/25/11 0 042011 20.00 100.33.6110 1104 042011 GLJ1947 20.00 042011 11040723 100 33 19531 ROC CONSTRUCTION SUPPLY 22859 SUPPLIES 04/25/11 0 042011 262.73 100.33.6110 1104 042011 GLJ1947 282.73 042011 11040728 100 46 20666 S&S WORLDWIDE INC 6906082 SUPPLIES 04/25/11 0 042011 69.00 100.46.6110 1104 042011 GLJ1947 69.00 042011 11040726 510 32 20174 S-F ANALYTICAL LABORATOR 11021035 SUPPLIES 04/25/11 0 042011 485.00 510.32.5110 1104 042011 GLJ1947 485.00 042011 11040724 580 32 20430 SEC GROUP INC 73450 SOLID HANDLING UPGRADES DESIGN 04/25/11 0 042011 30,228.18 560.32.8500 1104 042011 GLJ1947 30228.18 042011 580-CWWSWW 11040725 580 32 20430 SEC GROUP INC 73442 SEWER SYSTEM INPROVEMENTS 04/25/11 0 042011 5,916.25 580.32.8500 1104 042011 GLJ1947 5916.25 042011 580-SWWTP DATE 4/20/2011 04:18 PM CITY OF MCHENRY PAGE 9 LIST OF BILLS COUNCIL MEETING 4/25/11 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 ------------------------------------------------------------------------------------------------------------------------ 11040771 100 33 20430 SEC GROUP INC 73691 BRIDGE SAFETY INSPECTION 04/25/11 0 042011 1,014.50 100.33.5110 1104 042011 GLJ1955 1014.50 042011 11040727 100 47 20300 SIL FITNESS INC 37186 SUPPLIES 04/25/11 0 042011 370.20 100.47.6110 1104 042011 GLJ1947 370.20 042011 11040729 100 03 20707 STAN'S FINANCIAL SERVICE 12456 LARGE FORMAT COPIER/SCAN 04/25/11 0 042011 222.00 100.03.5110 11080352 1104 042011 GLJ1947 222.00 042011 222.00 11040730 100 XXXXX 20711 STAPLES ADVANTAGE 8018204314OFFICE SUPPLIES 04/25/11 0 042011 69.00 100.00.6210 1104 042011 GLJ1947 861.59CR 042011 100.01.6210 1104 042011 GLJ1947 31.80 042011 100.22.6210 1104 042011 GLJ1947 336.99 042011 100.04.6210 1104 042011 GLJ1947 492.80 042011 100.04.6210 1104 042011 GLJ1947 69.00 042011 11040731 100 45 21255 THOME, BRYAN CLOTHING ALLOWANCE REIMB 04/25/11 0 042011 16.62 100.45.4510 1104 042011 GLJ1947 16.62 042011 11040732 100 46 21535 TONYAN, LUCY STUDIO PRGPARKS PROGRAM INSTRUCTOR 04/25/11 0 042011 513.00 100.46.5110 1104 042011 GLJ1947 513.00 042011 11040733 100 33 21632 TRAFFIC CONTROL & PROTEC 68857 STREET SIGNS 04/25/11 0 042011 105.00 100.33.6110 1104 042011 GLJ1947 105.00 042011 11040772 100 22 22510 UNIVERSITY OF ILLINOIS UPIN5620 ACADEMY TRAINING/O'BRIEN 04/25/11 0 042011 4,489.00 100.22.5430 1104 042011 GLJ1955 4489.00 042011 11040773 510 32 22669 USA BLUEBOOK 374603SUPPLIES 04/25/11 0 042011 584.20 510.32.6110 1104 042011 GLJ1955 584.20 042011 11040734 510 31 23152 VERIZON WIRELESS 2554909270MOBILE BROADBAND 04/25/11 0 042011 45.13 510.31.5320 1104 042011 GLJ1947 45.13 042011 11040735 620 00 23152 VERIZON WIRELESS 2553487737MOBILE BROADBAND 04/25/11 0 042011 44.02 620.00.5110 1104 042011 GLJ1947 44.02 042011 11040736 100 45 24003 WABASH VALLEY MANUFACTUR 311227SUPPLIES 04/25/11 0 042011 383.20 100.45.6110 1104 042011 GLJ1947 383.20 042011 11040757 100 XXXXX 24020 WALMART COMMUNITY MARCH 2011SUPPLIES 04/25/11 0 042011 183.10 100.01.6110 1104 042011 GLJ1954 40.00 042011 100.22.6210 1104 042011 GLJ1954 88.76 042011 100.41.6110 1104 042011 GLJ1954 5.25 042011 100.41.6210 1104 042011 GLJ1954 7.94 042011 100.47.6110 1104 042011 GLJ1954 13.69 042011 100.46.6110 1104 042011 GLJ1954 19.96 042011 100.47.6920 1104 042011 GLJ1954 7.50 042011 11040774 510 31 24038 WATER SOLUTIONS UNLIMITE 29736 CHEMICALS 04/25/11 0 042011 5,000.00 510.31.6110 1104 042011 GLJ1955 5000.00 042011 DATE 4/20/2011 04:18 PM CITY OF MCHENRY PAGE 10 LIST OF BILLS COUNCIL MEETING 4/25/11 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 ----------------------------------------------------------------------------------------------------------- 11040737 100 33 27295 ZIMMERMAN, BOB CLOTHING ALLOWANCE REIMB 04/25/11 0 042011 91.58 100.33.4510 1104 042011 GLJ1947 91.58 042011 11040775 100 01 27765 ZUKOWSKI ROGERS FLOOD & 93030 LEGAL FEES - CORP 04/25/11 0 042011 7,950.00 100.01.5230 1104 042011 GLJ1955 7950.00 042011 EXPENDED LIQUID ACCRUAL GRAND TOTALS 177,692.09 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 75,071.11 222.00 510 WATER/SEWER FUND 58,559.74 580 UTILITY IMPROVEMENTS FUND 36,144.43 610 RISK MANAGEMENT FUND 58.80 620 INFORMATION TECHNOLOGY FUND 7,358.01 740 RETAINED PERSONNEL ESCROW 500.00 •ram• 177,692.09 222.00 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: April 25, 2011 Regular City Council Meeting RE: Minor Variance Request for the Property at 614 John Street Background. The applicant is seeking a 2.67' corner side yard building setback variance to construct a 22' X 24' attached garage. Analysis. When this lot was platted, a setback of ten feet was established along John Street. The applicant is proposing to construct a 22' X 24' garage as depicted on the attached site plan. In addition, he is proposing to remove his current driveway and construct a new driveway to the north of the proposed garage. The proposed garage will be built with a side-load entrance. A 2.7' corner side yard building setback variance is required to build the garage. The applicant is severely constrained by the physical layout of the property, the fact it's a corner lot and an existing utility easement on the south property line. Permanent structures are not permitted to be built in any part of an easement. Staff does not have any problems with this request. The proposed garage will enhance the property and have no adverse impacts to adjacent properties. Recommendation. The Planning and Zoning Commission(minutes attached)unanimously recommended approval to allow the construction of an attached 22' by 24' attached garage on the property located at 614 North John Street as presented and staff concurs with this recommendation. LOCATION MAP: 614 John Street 43r Ns, F t,.l .� � /' s••y .r � � may-^ ®�� t A. ,�� � s °, � N , 5 u', 3 � ��+ � ��pGp��1gY� � cy \j � �S'` , c; � "� J.u�'� �` 'M•n` Al Ay�Jtl s�. �,: : " f rP � t m y� `tip *G"S�?) \1� �V �a \ r� J�`•.. ~' CRSG.4{ 4 y+F ' \ H .1•'.:-�- GOLF VIEW AVE. ? >.Ns C-1 v as.�4 RlA "s VIC;TORIA ��. + bti � .�t�p311 s! a�tas�� t�S,F ",11�• � i .�-i -I 'I F Yid. r 4\� f V1Rdrv1A 1 -- V � I � 8 � B CORP. LINE „+ ORDINANCE NO. AN ORDINANCE GRANTING A CORNER SIDE YARD BUILDING SETBACK VARIANCE FOR THE PROPERTY LOCATED AT 614 JOHN STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed by Robert E. Martel for a variance to the required corner side yard building setback requirement for the property legally described on "Exhibit A", attached hereto and incorporated herein; the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 14, 2011, in the manner prescribed by ordinance and statute; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested variance is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY be granted a 2.67 foot corner side yard building setback variance to allow the construction of a 22' X 24' attached garage. SECTION 2: In granting said Variances, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2011 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2011 ATTEST: MAYOR Exhibit A (Legal Description of the Subject Property) City of McHenry Planning and Zoning Commission Minutes April 14, 2011 Public Hearing: Robert E Martel File No. Z-764 614 John Street Minor Variance Chairman Schepler called the Public Hearing to order at 7:31 p.m. regarding File No Z-764 an application for minor variance to the corner side yard setback requirements to allow the construction of an attached 22' by 24' garage on the property located at 614 John Street as submitted by Robert E. Martel. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on March 26, 2011. Notice was provided to all abutting property owners of record as required by ordinance. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was applicant Robert E Martel who was sworn in by Chairman Schepler. Mr. Martel provided a summary of the request before the Commission at this Hearing. He noted he would like to construct a 22' by 24' attached garage. When his house was constructed it was built in a utility easement. In order to construct his garage he requires a setback variance from the required corner side yard setback as noted on his plat of survey. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He stated the applicant needs a 32 inch variance from the corner side yard setback from his John Street property line in order to construct his garage. Construction of the garage presents a challenge to the applicant as there is a utility easement to the south on which is house was originally constructed. In addition the swooping curve configuration of the lot causes addition challenges to the requested garage addition. Deputy Administrator Martin noted the applicant intends to remove the existing driveway and put in a side load garage which necessitates the 32' variance. Staff has reviewed the application and the site and recommends approval of the variance as requested. Chairman Schepler invited questions and/or comments from the Commission. In response to an inquiry, Mr. Martel stated he would utilize concrete board on the exterior of the garage and it would coordinate with the existing exterior of the residence. Question was raised as to the possibility of the garage interfering with the utility easement. Mr. Martel responded the garage would not be constructed within the utility easement. The 32" variance will ensure that the new garage will not encroach in the utility easement. In response to Chairman Schepler's inquiry, there were not comments or questions from the audience regarding this matter. Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z-764, an application for minor variance of 32' from the required corner side yard setback along John Street to allow the construction of an attached 22' by 24' attached garage on the property located at 614 North John Street as presented by applicant Robert E. Martel be granted, and that Table 32, the Approval Criteria for Variances,pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Mr. Martel expressed his appreciation to the building department and Mr. Martin for their assistance in helping his to bring this matter forward. Chairman Schepler closed the Public Hearing regarding File No. Z-764 at 7:39 p.m. Robert E. Martel March 24, 2011 614 John Street McHenry IL, 60050 City of McHenry, I am proposing to build a 22 x 24 foot attached garage to the front of my existing residence. Unfortunately, when, and how my house was built, (back in 1950's), and due to utility easements, newer codes, and ordinance, I do not have the required dimensions or alternatives on my property to build my garage. I am requesting approximately a 32"corner side yard building set back variance to build a 22 x 24 attached garage. IPA YOU r your support, VRortE. Marte FORM A File Number Z-764 PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street c McHenry,IL 60050 a Tel:(815)363-2170 Fax:(815)363-2173 1. Name of Applicant Robert E.Martel Tel 1-815-385-0630 Address 614 John Street McHenry IL,60050 Fax 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 614 John Street McHenry IL,60050 6, Requested Action(s)(check all that apply) _Zoning Map Amendment(Rezoning) XX 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: I am requesting approximately a 32"corner side yard building set back variance to build a 22 x 24 attached garage. FORM A Page 1 of 3 7. Current Use of Property My primary residence. 8. Current Zoning Classification of Property,Including Variances or Conditional Uses RS4 High Density Single Family Residential 9. Current Zoning Classification and Land Use of Adjoining Properties North: RS-3 South: RS-4 East: RS-4 West: RS-4 10. Required Attachments(check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. XXX 1. Application Fee(amount)$ XXX 2. Narrative Description of Request XXX 3. FORM A—Public Hearing Application 4. FORM B—Zoning Map Amendment(Rezoning)Application 5. FORM C—Conditional Use Application XXX 6. FORM D—Zoning Variance Application 7. FORM E—Use Variance Application XXX 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit XXX 9. Plat of Survey with Legal Description XXX 10. List of Owners of all Adjoining Properties XXX 11. Public Hearing Notice XXX 12. Sign(Provided by the City,to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORM A Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s)shall be filed with the application stating that the Applicant has the authority from the owners(s)to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number,and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) Robert E. Martel Owner FORM A Page 3 of 3 FORM:D] File Number Z-764 ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street 13 McHenry,I1.,60050 a Tel: (815)363-2170 a 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 our 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. Special circumstances exist because of newer code ordinances that have been established since my house was built in the 1950's.Also because of how the house was built I have no other room on my property. 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. The only affect the proposed garage and approved variance will have on the surrounding property is it will improve the aesthetics of the property and increase the value of the surrounding properties. FORM D Page 1 of 3 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. No,I believe the codes at the time allowed the house to be built in the position it was built. 4. UnnecesLM Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant,as distinguished from a mere inconvenience. With the utility easements to the back of the property, and limited lot dimensions it will make it impossible to build the garage and lot. 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. Granting this variance will not confer any special privileges ordinarily denied to other properties in the district. 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. With the approval of this variance I will be able build my garage,keep both of my vehicle indoors, and will be able to perform maintenance on them indoors and not on a open drive way. 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. By granting the variance it will increase the value of the property,and have no environmental,public safety, or welfare impact on the community. 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. Granting of this variance will continue with the general purpose and intent of the Zoning Ordinance and Comprehensive plan of the City. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. The minimum variance required to provide adequate space for the propose erecting the garage is 32". FORM D Page 3 of 3 PLAT OF SURVEY Lot 119 in McHenry Golf_Course Subdivision, Fox River Addition, being a Subdivision of part of the Northeast Quarter of Section 35 and the Northwest ' Quarter of Section 36, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded October 21, 1929 as Document No. 90215 in Book 8 of Plats, page 2, in McHenry County, Illinois. BRAUER ;LAND SURVEYING 803 N. Front St. McHenr�, IL 60050 81,5/385-1470 V oqr G Hbsi LoTTE — '�J�`ti�a� - 0 y°' �01 F S t} t 1 � c-a�o •. _ JI s �I Q -- �o / 70 `Qoay STATE OF ILLINOIS rL81 ur buKvt;Y Lot 119 in McHenry Golf Course Subdivision, Fox River Addition, being a Subdivision of part of the Northeast Quarter of Section 35 and the Northwest Quarter of Section 36, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded October 21, 1929 as Document No. 90215 in Book 8 of Plats, page 2, in McHenry County, Illinois. _ BRAUER ;LAND SURVEYING ` 803 N. Ftont St. F McHenry, IL 60050 ' 81,5/385-1470 M CSl V bQ rti a y m i �— • d ........ 30 . �........ Li N ti z..sus t J F° -7 /.-70 C�► l aP,p�f S` f3 STATE OF ILLINOIS mr wwmvv rnrrnr�v 0 i i Tom, L a V t i j 9 V O e IA [Ole} Qoor LZNS 3�� i V 1 f AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Christopher I Black, City Administrator FOR: April 25, 2011 Annual City Council Meeting RE: Year 2011/2012 Annual Liquor License Renewals Background. Pursuant to Chapter 4 of the City of McHenry Municipal Code, owners of establishments serving and/or selling alcoholic beverages located in the city limits must annually renew their liquor licenses by the end of the fiscal year. Analysis. Attached is a list of establishments requesting renewals for the 2011/2012 fiscal year. Applicants and managers have been fingerprinted and all license fees have been paid. Also attached is an ordinance reducing the number of Class H liquor licenses from two to one as Pizza Hut is no longer selling alcoholic beverages. As a point of information,the owner of Mondelli's Pub(Class A-18)has renamed the establishment to "Twisted Moose." The name change does not require Council action. Recommendation. As Local Liquor Commissioner,Mayor Low recommends renewing the liquor licenses presented on the attached list and an ordinance decreasing the number of Class H liquor licenses from two to one. FISCAL YEAR 2011/2012 CITY OF MCHENRY LIQUOR LICENSES CLASS A BEER&LIQUOR-$1,400 A-1 McHenry Country Club CLASS F3 PACKAGED BEER&LIQUOR-$800 A-2 Fire Wood Restaurant F3-1 McHenry BP A-3 Fox Hole Tap&Pizzeria F3-2 Bull Valley BP A-4 Ye Olde Corner Tap A-5 Chili's Grill&Bar A-6 The Gambler of McHenry CLASS G1 BEER&LIQUOR—SERVICE BAR-$700 A-7 N/A G1-1 Burrito City y Mariscos Estilo Nayarit A-8 Dunhill's Prime Steakhouse G1-2 Touch of Italy A-9 Bimbo's Bar&Grill G1-3 Toluca's III A-10 The Old Bridge Tavern G1-4 Windhill Restaurant A-11 Town Club G1-5 Green Street Cafe A-12 After the Fox G1-6 Brunch Cafe A-13 Main Street Saloon A-14 Windy City Wings Co. A-15 Route 31 Banquet&Conference Center CLASS H BEER&WINE ONLY-$700 A-16 Village Squire of McHenry H-1 N/A A-17 Main Street Station H-2 N/A A-18 Twisted Moose H-3 Jimano's Pizza A-19 Buddyz Riverwalk A-20 Corkscrew Pointe A-21 Plum Garden Restaurant A-22 Monaco's A-23 Vickie's Place A-24 Las Palmas Mexican Rest&Bar A-25 Applebee's Neighborhood Bar&Grill A-26 The Olive Garden Restaurant A-27 Nicolino's A-28 Green Peapod Restaurant CLASS Al BEER&WINE-$1,250 N/A CLASS B PACKAGED BEER&WINE-$700 B-1 Aldi B-2 N/A B-3 7-Eleven B-4 Walgreens CLASS D BEER&LIQUOR(NFP)-$100 D-1 Liberty Club of McHenry D-2 McHenry American Legion Post#491 D-3 VFW Veterans Club, Inc. CLASS E1 SPECIAL OCCASION FACILITY-$1 500 N/A CLASS E2 SPECIAL OCCASION FACILITY(NFP)$100 N/A CLASS F1 PACKAGED BEER&LIQUOR-$1 100 F1-1 Binny's Beverage Depot F1-2 McHenry Liquors, Inc. F1-3 Liquor&Wine Place F1-4 Sam's Liquors&Wine F1-5 Family Food Mart CLASS F2 PACKAGED BEER&LIQUOR-$800 F2-1 N/A F2-2 Osco Drug Store F2-3 Jewel Food Store F2-4 River Road Shell F2-5 Sunrise Grocery&Liquor F2-6 Wal-Mart Store#1377 F2-7 La Huerta Carniceria F2-8 Angelo's Fresh Market F2-9 Meijer Store#218 F2-10 Riverside Shop-N-Go Rev: April 2011 ORDINANCE NO. MC-11- AN ORDINANCE Decreasing Number of Class H Liquor Licenses [Pizza Hut] 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(7) of the Municipal Code relating to liquor license classifications is hereby amended by decreasing the number of Class"H" Liquor Licenses from two to one. 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 251h day of April, 2011. Voting Aye: Voting Nay: Absent: Not Voting: Abstained: Mayor ATTEST: City Clerk y,. AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Chris Black, City Administrator FOR: April 25, 2011 Regular City Council Meeting RE: Regency Centers Sales Tax Rebate Request Background. The McHenry Commons Shopping Center, at the northeast corner of McCullom Lake Road and Richmond Road, was constructed in 1987 and consists of approximately 203,000 square feet of inline retail space. The center, excluding outlots, is owned by two parties. The anchors for the center were Omni (Dominick's) and K-Mart/Sears. Currently, the shopping center has approximately 68,000 square feet of vacant inline retail space, including 52,334 square feet in the former Dominick's. Since the closure of Dominick's in 2007, McHenry Commons has struggled to remain a viable shopping center. In the last four years, Washington Mutual, LaSalle Bank, and Cookie Cutters have all closed. Barb's Hallmark, which relied heavily on the pedestrian traffic from Dominick's, lost their Hallmark status last year and Blockbuster, which is under separate ownership, could likely close due to its parent company's bankruptcy. In addition to the center's high vacancy rate, the shopping center's tenants are primarily service businesses that generate little revenue for the city. One positive note is Goodwill of Northern Illinois recently leased 23,000 square feet of the former Dominick's store. While- almost all retail outlets have struggled during the economic downturn, McHenry Commons has experienced greater problems with vacancies than other properties along the Richmond Road corridor. Wal-Mart's relocation to the Village of Johnsburg and the closing of Borders are two setbacks for the Richmond Road area. However, existing retailers, such as Maurice's and Petco, have relocated to different shopping centers to expand their businesses and new retailers, such as TJ Maxx, Chipotle and Party City,have chosen locate in the City. Analysis. Regency Centers, owner of the northern half of McHenry Commons, has worked with staff for several years to attract a tenant to fill the vacant former Dominick's. However, the underlying issues of filling a large amount of square footage and costs associated with retrofitting for a new tenant have been difficult to overcome. Consequently, they have approached staff and are requesting the city to consider financial assistance in the form of a sales tax rebate to partially offset the capital investment required to fill the remaining 52,334 square feet with a major retailer they have been in negotiations with for some time. Regency Centers is proposing to invest approximately $1.1 million dollars into the former Dominick's to retrofit it into a useable retail space for the proposed retailer. Due to the dollar amount of the necessary improvements, Regency has indicated they cannot absorb the entire AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Chris Black, City Administrator FOR: April 25, 2011 Regular City Council Meeting RE: Regency Centers Sales Tax Rebate Request Background. The McHenry Commons Shopping Center, at the northeast corner of McCullom Lake Road and Richmond Road, was constructed in 1987 and consists of approximately 203,000 square feet of inline retail space. The center, excluding outlots, is owned by two parties. The anchors for the center were Omni (Dominick's) and K-Mart/Sears. Currently, the shopping center has approximately 68,000 square feet of vacant inline retail space, including 52,334 square feet in the former Dominick's. Since the closure of Dominick's in 2007, McHenry Commons has struggled to remain a viable shopping center. In the last four years, Washington Mutual, LaSalle Bank, and Cookie Cutters have all closed. Barb's Hallmark, which relied heavily on the pedestrian traffic from Dominick's, lost their Hallmark status last year and Blockbuster, which is under separate ownership, could likely close due to its parent company's bankruptcy. In addition to the center's high vacancy rate, the shopping center's tenants are primarily service businesses that generate little revenue for the city. One positive note is Goodwill of Northern Illinois recently leased 23,000 square feet of the former Dominick's store. While almost all retail outlets have struggled during the economic downturn, McHenry Commons has experienced greater problems with vacancies than other properties along the Richmond Road corridor. Wal-Mart's relocation to the Village of Johnsburg and the closing of Borders are two setbacks for the Richmond Road area. However, existing retailers, such as Maurice's and Petco, have relocated to different shopping centers to expand their businesses and new retailers, such as TJ Maxx, Chipotle and Party City, have chosen locate in the City. Analysis. Regency Centers, owner of the northern half of McHenry Commons, has worked with staff for several years to attract a tenant to fill the vacant former Dominick's. However, the underlying issues of filling a large amount of square footage and costs associated with retrofitting for a new tenant have been difficult to overcome. Consequently, they have approached staff and are requesting the city to consider financial assistance in the form of a sales tax rebate to partially offset the capital investment required to fill the remaining 52,334 square feet with a major retailer they have been in negotiations with for some time. Regency Centers is proposing to invest approximately $1.1 million dollars into the former Dominick's to retrofit it into a useable retail space for the proposed retailer. Due to the dollar amount of the necessary improvements, Regency has indicated they cannot absorb the entire cost and make the investment worthwhile. Staff believes the request for financial incentives is worthy of consideration for two reasons. First, and most importantly, McHenry Commons has been slowly dying for over four years and the other efforts to fill vacant retail space at the shopping center have been unsuccessful. Second, the request from Regency Centers provides specific financial information in an effort to support the need for incentives to attract a retailer. Based on past history of businesses leaving the center and large amount of vacant retail space, McHenry Commons seems unlikely to attract a significant retailer in the current economic environment. The shopping center owner believes it could work a deal out with the proposed tenant. However, as previously stated, Regency Center seeks financial assistance due to the cost of necessary improvements to the building combined with the below market lease it needs to attract the retailer to the site. The shopping center owner has proposed a sales tax rebate that would come solely from retail sales of the remaining 52,334 square feet of the building. Therefore, the city would realize sales tax revenue from the store and would not be required to continue to provide financial incentives if the store closed prior to the expiration of a rebate agreement. Staff believes it is important to make reasonable efforts to maintain a healthy retail presence along Richmond Road. The unoccupied space at McHenry Commons, along with an additional 116,000 square feet of vacant retail space created by the relocation of Wal-Mart will create a problematic area in the Richmond Road corridor. Hopefully an improved McHenry Commons center would prevent other retailers from relocating further north, to be as close to Wal-Mart as possible, and potentially out of the city limits. Providing economic development assistance or incentives has become more common due to the recent economic downturn and slow economic recovery, as well as the increase in competition between municipalities to attract a particular business. Recent examples of financial incentives include: • Woodstock reimbursing Kohl's 50% of the municipal sales tax for 20 years with no dollar cap; • Huntley entered into an economic incentive agreement with Wal-Mart; • Lake in the Hills entered into a sales tax rebate agreement with Costco in 2003 whereby Costco receives 50% of the sales tax generated on a quarterly basis for 12 years (capped at $1.6 million). This project is similar to the one proposed by Regency Centers in that the property was vacant and Costco would not have located on the property if the incentive was not provided; • The Villages of Arlington Heights, Tinley Park and Buffalo Grove have entered into sales tax rebate agreements with automobile dealerships and the Village of Libertyville created a business district along a specific road corridor for the same purpose; and • The DeKalb County Economic Development Corporation provided property tax abatement to a company which constructed a new 1.7 million square foot distribution center. At this time staff is looking for direction from the City Council on how to address the request from Regency Centers regarding a sales tax rebate. The major issues to consider are whether this would be a suitable circumstance to consider a sales tax rebate and, if so, what would be the appropriate level of financial participation by the city. At the meeting Monday, representatives of Regency Centers will be on-hand to present additional information to answer any questions. MAYOR'S REPORT TO: McHenry City Council FROM: Mayor Susan E. Low FOR: April 25, 2011 Annual City Council Meeting RE: Year 2011/2012 Mayoral Annual Appointments At the April 25, 2011 annual City Council meeting, I intend to approve the following appointments for City Administrator/Department Heads, Municipal Consulting Firms, Boards, Commissions, and Standing Committees of the Council. Please do not hesitate to contact me prior to the meeting if you have any comments and/or concerns regarding the appointments. City Administrator/Department Heads Expiration City Administrator Christopher J. Black 04/30/12 Director, CNS Ryan L. Schwalenberg 04/30/12 Director, Parks & Recreation Peter J. Merkel 04/30/12 Chief of Police John M. Jones 04/30/12 Director, Public Works Jon M. Schmitt 04/30/12 Municipal Consulting Firms Corporate Attorney Zukowski, Rogers, Flood & McArdle 04/30/12 Labor Attorney Ottosen Britz Kelly Cooper & Gilbert, Ltd 04/30/12 Traffic Court Attorney Patrick J. McAndrews 04/30/12 City Engineer HR Green, Inc. 04/30/12 Administrative Adjudication Officer Harry Semrow 04/30/12 Boards/Commissions Planning/ and Zoning Commission: Joseph Doherty 04/30/16 Landmark Commission: Lauren Adams 04/30/14 Chris Bassi 04/30/14 Kaaren Gies 04/30/14 Michelle Peterson 04/30/14 Marie Wilt 04/30/14 Student Member Lauren Adams 04/30/12 Environmental Advisory Commission: Margie McCarthy 04/30/13 Police Commission: Michael Roberts 04/30/14 Police Pension Board: Jon Meyer * 04/30/13 Emergency Services & Disaster Jon Schmitt 04/30/12 Agency (ESDA) Sgt. Tom Walsh 04/30/12 Ryan Schwalenberg 04/30/12 Fire Chief Anthony Huemann 04/30/12 Standing Committees of the Council Community Development: Chair Condon, Santi, Peterson Finance and Personnel: Chair Schaefer, Blake, Wimmer Parks and Recreation: Chair Peterson, Glab, Schaefer Public Works: Chair Wimmer, Santi, Blake * Appointed to term vacated by Robert Hettermann — application attached. -2- CONSENT AGENDA TO: Mayor and City Council FROM: John Jones, Chief of Police FOR: April 25, 2011 Annual City Council Meeting RE: Proposed General Order 42.8, Street Crimes Unit Operations & Procedures ATT: Executive Summary Background. The City of McHenry Police Department has developed a special enforcement unit called the Street Crimes Unit. The purpose of the unit is to conduct investigations of criminal activities occurring and/or reported within the jurisdictional boundaries of the City of McHenry. These investigations usually are considered to be beyond the time constraints and resources of patrol personnel, and can be more effectively investigated by officers of a specialty unit. The Street Crimes Unit is comprised of two patrol officers and a patrol sergeant that activates on average one work week a month for more time consuming investigations,predominately drug cases, that cannot be investigated in conjunction with their regular patrol duties. The unit has been in operation for the past nine months. Analysis: Command staff is of the opinion that the operational structure of the unit does not fall within the Patrol or Investigative sections of the existing General Orders. The attached General Order is proposed to better guide those members that are or will be selected to participate in the Street Crime Unit. Recommendation: Staff recommends approval of the attached General Order 42.8, Street Crimes Unit Operations & Procedures. CITY OF McHENRY POLICE DEPARTMENT 333 S. Green.Street, McHenry,.Illinois 60050 April 11,2011 General Order Number Subject i 42.8 Street Crimes Unit Operations & Procedures References Rescinds/Replaces Last Reviewed/Revised: Alt 0 CALEA Standards Distribution: Classification: No.Pages Master File Copy Law Enforcement- All Department Personnel Operations-Patrol I. PURPOSE The purpose of this order is to establish guidelines for the use and operation of the McHenry Police Street Crimes Unit within the City of McHenry. H. POLICY It is the policy of the City of McHenry Police Department to maintain a Street Crimes Unit within its organizational structure to conduct investigations of criminal activities occurring and/or reported within its jurisdictional boundaries. These investigations normally are those considered to be beyond patrol personnel's time constraints and resources, which can be more effectively investigated by officers of a specialty unit. III. DEFINITIONS Street Crimes Officer: An Officer assigned to the Street Crimes Unit from the Patrol Section of the agency. This position will be primarily a plainclothes position that is charged with the responsibility of investigating a broad range of criminal activity. This Officer will possess an above average knowledge of police work in the areas of narcotics investigation, undercover operations, and tactical operations. Street Crimes Supervisor: A Supervisor within the McHenry Police Department that holds the minimum rank of Sergeant, who is assigned by the Deputy Chief of Support Services to oversee and manage the logistical and operational aspects of the Street Crimes Unit. Covert Enforcement: Work assignments performed by members of the Street Crimes Unit that are undercover in nature. Overt Enforcement: Work assignments performed by members of the Street Crimes Unit that require the high visibility of police involvement. IV. PROCEDURES A. STREET CRIMES UNIT PROCEDURES Street Crime Officers will fairly and impartially investigate all cases assigned to them for follow-up. There are certain standard practices and methods that should be considered during Street Crime Investigations. These practices and methods include: 1. Unit Structure: a. The Street Crimes Unit is currently a three man unit comprised of two officers and one supervisor. Officers assigned to this unit are chosen from Patrol after an opening is posted and said officer is selected according General Order Number 42.8 Street Crimes Unit Operations and Procedures Page 2 of 4 to departmental policy. Officers assigned to this unit will serve a minimum term of 1' year, which may be extended at the request of the unit supervisor and approval of the Chief of Police. b. The Supervisor Assigned to this Unit is selected by the Deputy Chief of Support Services and the Chief of Police. This position is a non-rotating position. c. The Street Crimes Unit is a function of the Support Services Division of the McHenry Police Department and in effect works under the authority of the Deputy Chief of Support Services. d. Due to the nature of its police work the Street Crimes Unit works directly in partnership with the Investigation Section of the McHenry Police Department. 1) During any activation the Supervisor of the Street Crimes Unit has the authority to request manpower from the Investigation Section. This request can be a call-out or on duty request. 2) Detectives assigned to the Street Crimes Unit for a specific detail will fall under the command of the Street Crimes Unit Supervisor. e. Due to the nature of the units work, specialty skills, and abilities, the resources of the Street Crimes Unit will be utilized by the Investigation Section in the assistance of criminal investigations. 1) The Supervisor of the Investigations Section has the authority to request the activation and assistance of the Street Crimes Unit regarding criminal investigations. Upon activation by the Investigation Section Supervisor, nonsupervisory members of the Street Crime Unit will fall under the command of the Investigation Section Supervisor. 2. Unit Activation: a. Activation of the Street Crimes unit will be done in two ways: 1) Traditional Activation: Activation of the Street Crimes Unit in a pre-planned manner. This activation will typically be done with a 6 day work week to coincide with a patrol officer's rotating 6/3 work schedule. When manpower allows pre-Planned activation will typically occur once a month with an average of 12 pre-planned activations per calendar year. Each day of activation will be an 8 %z hour work day. 2) Call-Out Activation: Activation of the Street Crimes Unit that is not pre-planned. Upon the request of the Investigation Section Supervisor, Street Crimes Unit Supervisor, Deputy Chief of Support Services, Deputy Chief of Field Operations and Chief of Police, the Officers and Supervisor of the Street Crimes Unit can be activated on an"as needed"basis. 1) Call-Out Activations include,but are not limited to: i. Execution of Search Warrants ii. Surveillance Details iii. Undercover Operations iv. Execution of Arrest Warrants 3. Task Assignments: a. The Street Crimes Unit is tasked with conducting criminal investigations that include: 1) Narcotics Investigations(Covert&/Or Overt): 2) Gang Suppression 3) Apprehension of wanted individuals 4) Preparation and Execution of Search Warrants/Raids 5) Surveillance 6) Asset Forfeiture 7) Development of Confidential Informants 8) Assists to the Investigation Section as needed 9) Any other investigation into criminal activity that is deemed appropriate by police administration. 4. Unit Responsibilities: Officers of the Street Crime Unit will adhere to a]departmental procedures specific to the tasks executed by the Street crime Unit. 5. Unit Jurisdiction: a. The Street Crimes Unit will primarily work within the corporate limits of the City of McHenry, however assisting neighboring agencies may be allowed with the approval of the unit supervisor. Assisting other agencies outside the primary jurisdiction of the McHenry Police will be approved by the unit supervisor in either of the following situations: 1) A formal request is made from the outside agency for assistance. 2) The City of McHenry has a signed written agreement with another agency that allows the Street Crimes Unit to perform law enforcement tasks in the outside jurisdiction. General Order Number 42.8 Street Crimes Unit Operations and Procedures Pa()rc ; of 4 6. Intelligence Gathering/Sharing: a. The Supervisor of the Street Crimes Unit or his/her representative will meet with the Supervisor of the Investigation Section on a weekly basis to gather and share intelligence as it relates to the tasks of the Street Crimes Unit and Investigation Section of the McHenry Police Department. Intelligence gathered will be stored and maintained by the Supervisor of the Investigation Section according to all applicable laws. 7. Informant development: a. Due to the nature of work, Officers assigned to the Street Crimes Unit will develop and use both Confidential and Non-Confidential Informants in the course of the job tasks. The development and management of these informants will be conducted under the guidelines listed in the Use of Informants Policy. General Order 42.4. 8. Collection,preservation,and use of physical evidence: Physical evidence may be searched for, collected, and preserved during the investigation of any crime scene in compliance with Constitutional guidelines. Officers of the Street Crimes Unit will follow proper evidence collection and preservation procedures and recognize their importance in thorough investigations. 9. Background investigation: Criminal investigations may involve background investigations of the persons in the investigation. a. Potential sources of information include, but are not limited to: 1) Financial checks. 2) Employment histories. 3) Credit histories. 4) License checks. 5) Criminal histories. 6) Police records checks. 7) Business checks 8) Friends,relatives, and neighbors. 9) Other Law Enforcement Agencies. b. The information may be used in a criminal prosecution or administrative hearing. c. Pursuant to the guidelines by the State of Illinois, information collected shall only be accessible to law enforcement personnel at the discretion of the assigned investigator or the investigative supervisor. 10. Constitutional Requirement: a. Street Crimes Unit Officers, in discharging their authorized duties shall not violate the constitutional rights and protections of any individual as identified in legal statutes operational procedures and prevailing case law. b. The decision to waive Constitutional Protections remains with the accused and shall not be subject to undue influence. When a protection is invoked, no attempt shall be made to abrogate it. c. Warning of Rights 1) The law requires that before any interrogation, an accused individual in custody is entitled to be warned of his/her rights to remain silent and his/her right to an attorney at this critical stage of the criminal prosecution. Failure to warn renders the product of interrogation (confession or admission) subject to exclusion. Both the right against self-incrimination and the right to counsel may be waived; however, giving the appropriate warnings and obtaining a valid waiver is an appropriate way for an officer to discharge his/her responsibility in this regard. 2) A person must be advised of the names and official identity of the interviewing officer(s), the nature of the inquiry, and must be warned of his/her rights if the person: 1) Has been arrested and is in custody 2) Is not under arrest, but an arrest is clearly intended either during or upon conclusion of the interview. 3) Is significantly restricted in his freedom of actions,and 4) Whether in custody or not, has been previously arrested or otherwise formally charged and prosecution is pending, when the subject matter of the interview concerns the pending charge, or a related offense. General Order Number 42.8 Street Crimes Unit Operations and Procedures Pa le 4 of 4 3) Waiver of Rights 1) In a custodial arrest situation, before questioning commences, the investigating officer will administer the arrestee his/her Miranda Rights. 2) If an arrestee waived his/her Miranda Rights, the investigating officer will request the arrestee to read and initial the Waiver of Rights form. This document will be made part of the case file. Established by the Order of: City Council Review Effective Date Classification: Law Enforcement- Chief John M.Jones Operations—Support Services,Tab -