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Home My WebLink AboutPacket - 10/04/2021 - City CouncilThe City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA REGULAR CITY COUNCIL MEETING Monday, October 4, 2021, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 In light of the current COVID-19 public health emergency, this meeting will be held remotely only. The public can observe and participate by connecting online via Zoom at https://cityofmchenry.zoom.us/j/87438282417 Or by phone at 312-626-6799, Meeting ID 874 3828 2417 1.Call to Order. 2.Roll Call. 3.Pledge of Allegiance. 4.Public Comments: 5.Consent Agenda. Motion to Approve the following Consent Agenda Items: A.Resolution requesting legislative assistance to increase the annual distribution of Township Road District Tax Levies that is returned to Illinois Municipalities, and to authorize staff to distribute the resolution to the City of McHenry’s State Representatives; (Public Works Director Strange) B.Authorize the Mayor and City Clerk to execute the negotiated four (4) year Collective Bargaining Agreement between the City of McHenry and the International Union of Operating Engineers, Local 150, Public Works Employees Division, for a term beginning May 1, 2021 and ending April 30, 2025; (Public Works Director Strange, Human Resources Director Campanella) C.Adoption of Quality Based Selection Policy for State and Federal Funding and Quality Based Selection Policy Local Funding policies; (Public Works Director Strange) D.Authorization for City Staff to submit identified Surface Transportation Project candidates for application to the 2022 McHenry County Council of Mayors Surface Transportation Program call for projects; (Public Works Director Strange) E.Approve a Parks Special Use Permit to allow multiple tents at 1202 Riverside Drive (Miller Point Park) with live music on Saturday, October 23rd from 3pm to 7pm; and, allow alcohol in the park aside from the designated areas adjacent to All Marine Retro Rentals; (Parks and Recreation Director Hobson) 1 F. Approve a quote from Cunningham Recreation in the amount of $102,601.54 for the installation of a neighborhood Park in the Legend Lakes Subdivision between Galway and Killala; (Parks and Recreation Director Hobson) G. September 20, 2021 City Council Meeting Minutes; H. Issuance of Checks in the amount of $236,655.51. 6. Individual Action Item Agenda. A. Motion to approve an Ordinance granting a Conditional Use Permit, and Zoning Variations, to accommodate the operation of a transitional living shelter at 2116 N. Ringwood Road . (Community Development Director Polerecky, City Planner Sheriff) 7. Discussion Items. A. 812 N. Mill Street – Conceptual Multifamily Redevelopment Presentation by North Pointe Development. B. 914 Front Street – Conceptual Multifamily Redevelopment Presentation by Common Wealth. 8. Executive Session. 9. Staff Reports. A. October 4, 2021 Staff Report Provided. 10. Mayor’s Report. 11. City Council Comments. 12. Adjourn. The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further information, please contact the Office of the City Administrator at 815-363-2108. 2 City of McHenry Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 tstrange@cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: October 4, 2021 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Township Road District Tax Levy ATT: Resolution Requesting Legislative Assistance BACKGROUND: Staff is presenting, for the consideration of the City Council, a Resolution Requesting Legislative Assistance to increase the annual distribution of Township Road District Tax Levies that is returned to Illinois Municipalities. SUMMARY: In Winter of 2021, staff was directed by the Public Works Committee to research the City’s history of municipal distribution receipts of Township Road District Tax Levies. This request was made due to recent adjustments of levy percentages by Nunda Townshi p, which have reduced the distributions received by the City of McHenry. This history was prepared and presented at the March 22, 2021 Public Works Committee Meeting, along with a number of options the City could pursue to increase its share of the Township Levies. The following options were presented for consideration: 1. Request that both Nunda Township and McHenry Township levy a larger percentage of their overall levy as Road and Bridge funds. As is shown above, Nunda Township has reduced its Road and Bridge levies dramatically in the past few years , but McHenry Township has not. Should Nunda restore its levy to its historical level of 0.1%, the City can expect to realize $50,000 of additional revenue per year. Neither of these Road and Bridge levies are currently set at the maximum level of 0.165%. An increase to the maximum levy would increase revenues to the City of McHenry , but would also increase overall taxation for City residents. 3 2. Lobby for a change in the State Statutes to allow for a larger municipal share of the collected Road and Bridge revenues. Right now municipal collections are capped at 50% of the Road and Bridge funds collected within the Municipality. An increase of this percentage up to possibly 100% distribution to municipalities would increase municipal revenues. This change will be extremely difficult to implement without the broader support of a coalition of municipal agencies which extends beyond McHenry County. This could reduce township revenues and ultimately result in higher levies to make up for lost revenue. 3. Lobby for a change in the State Statutes to allow for municipal sharing of Permanent Road Revenues. Any percentage sharing of this fund with municipal agencies would increase municipal revenues, but again, could result in higher levies should townships attempt to recoup lost revenues. Based upon Committee Discussion, staff worked with the City Attorney to draft a resolution requesting an amendment to 65 ILCS 5/6-501-507, which would increase the City’s share of all levies collected by the Township Road Districts. A draft resolution was presented to the Public Works Committee on July 27, 2021, and upon Committee review, staff were directed to make several revisions to the resolution before presenting to City Council at a later date. Committee further directed staff to send the final draft of the resolution to members of the Committee for any final comments prior to sending the final resolution to the City Council for adoption. The final draft was distributed to the entire City Council for the opportunity to provide final comments on September 10th and nor further comments were received, therefore, staff is presenting the final resolution to the City Council for approval. Upon execution of the resolution, the document will be distributed to local State representatives for presentation to the Illinois General Assembly. RECOMMENDATION: Therefore, if the City Council Concurs, it is recommended to adopt the attached Resoluti on Requesting Legislative Assistance to increase the annual distribution of Township Road District Tax Levies that is returned to Illinois Municipalities and to authorize staff to distribute the resolution to the City of McHenry’s State Representatives. 4 RESOLUTION NO. A Resolution Requesting Legislative Assistance City of McHenry, Illinois WHEREAS, dedicated streets located within municipalities are the responsibility of the municipalities, while dedicated streets located within Illinois Township Road Districts, but outside of municipalities, are the responsibility of the Township Road Districts; WHEREAS, funding for municipal street maintenance is extremely limited, while capital and maintenance needs and costs for municipal streets are high and continually increase; WHEREAS, Township Road Districts currently levy taxes through their General Road and Bridge Funds and Permanent Road Funds on residents within the Township Road Districts, including residents within municipalities; WHEREAS, Township Road Districts are required by the Illinois Highway Code, 605 ILCS 5/6-501 and 507 to share one half of the General Road and Bridge Funds collected from residents within municipalities; however, the Illinois Highway Code does not require sharing of Permanent Road Funds, even when those funds are collected from residents within municipalities; WHEREAS, the City of McHenry desires taxes collected from residents within its municipal limits be used for its municipal streets; WHEREAS, as a result of the municipalities not receiving any of the Permanent Road Funds, Township Road Districts can divert funds from the General Road and Bridge Funds (required to be shared with municipalities) to their Permanent Road Funds (not required to be shared with municipalities) by levying less for the General Road and Bridge Funds and more for the Permanent Road Funds; and WHEREAS, by way of example, since 2015, the tax levy for Nunda Township’s General Road and Bridge Fund (required to be shared with municipalities) has significantly declined. For comparison purposes, the tax levy for McHenry Township’s General Road and Bridge Fund is also provided. Year Nunda Township Road & Bridge Levy McHenry Township Road & Bridge Levy 2010 0.00085235 0.00120237 2011 0.00096554 0.00123179 2012 0.00105524 0.00133165 2013 0.00115791 0.00153660 2014 0.00116892 0.00165000 2015 0.00081090 0.00163005 2016 0.00055604 0.00155928 2017 0.00053495 0.00141184 2018 0.00051486 0.00137719 2019 0.00049364 0.00130623 5 Legislative Assistance, Page 2 The decline in Nunda Township’s tax levy resulted in significant decreases in the amount of funds to be shared with the City of McHenry. The revenues collected as a result of the decreased tax levy are provided. Year Nunda Township Road & Bridge Revenue 2010 $1,175,197.42 2011 $1,185,140.52 2012 $1,185,134.21 2013 $1,165,135.37 2014 $1,135,135.46 2015 $799,605.80 2016 $582,606.82 2017 $582,606.80 2018 $582,603.51 2019 $582,604.03 The amount of General Road and Bridge Funds received by the City of McHenry is determined by multiplying the levy times the equalized assessed value of the municipal properties located within Nunda Township. In 2014, the City of McHenry received $95,722.87, however, in 2015, the amount declined to $67,062.76, and in 2016 was down to $49,410.18…all while the equalized assessed values of the City of McHenry’s properties located in Nunda Township were increasing. (The equalized assessed values for the properties for 2014, 2015, and 2016 were $81,890,009.58, $82,701,640.15, and $88,860,837.35, respectively.) Since 2015, this amounts to the City of McHenry’s share being reduced by roughly $230,000. While the levy for the shared General Road and Bridge Fund has continually declined, the levy for Nunda Township’s Permanent Road Fund has correlated increases, so not only has there been a significant decrease in the amount of funds to be shared with the City of McHenry, but the Permanent Road Fund is not required to be shared with the City and has increased significantly. The revenues collected for the General Road and Bridge Fund (also shown above) and the Permanent Road Fund are provided. Year Nunda Township Road & Bridge Revenue Shared City and Township Nunda Township Permanent Road Levy Not shared, 100% Township 2010 $1,175,197.42 $1,981,628.13 2011 $1,185,140.52 $1,998,367.32 2012 $1,185,134.21 $1,998,366.92 2013 $1,165,135.37 $1,998,372.54 2014 $1,135,135.46 $1,998,373.29 2015 $799,605.80 $2,258,371.17 6 Legislative Assistance, Page 3 Year Nunda Township Road & Bridge Revenue Shared City and Township Nunda Township Permanent Road Levy Not shared, 100% Township 2016 $582,606.82 $2,358,371.55 2017 $582,606.80 $2,358,373.15 2018 $582,603.51 $2,358,375.31 2019 $582,604.03 $2,343,256.94 WHEREAS, the City of McHenry’s residents have suffered with the reduction and stagnation of the shared General Road and Bridge Funds, while Township Road Districts’ residents have benefited with the continued increase of the Permanent Road Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council, of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: The City of McHenry hereby requests its local State legislators introduce appropriate legislation providing relief for all Illinois municipalities that all General Road and Bridge Funds and Permanent Road Funds collected by Township Road Districts , within the corporate limits of a municipality, shall all be annually distributed back to the municipality. Aye: Nay: Absent: Abstain: Adopted this _____ day of __________, 2021. APPROVED: (SEAL) Mayor Wayne Jett ATTEST: City Clerk Monte Johnson Passed: Approved: Published: Z:\M\McHenryCityof\Resolutions\TownshipLeviesDistribution clean 09.08.21.docx 7 CERTIFICATION I, Monte Johnson, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the day of , 2021, the foregoing Resolution entitled “A Resolution Requesting Legislative Assistance City of McHenry, Illinois”, was duly passed by the City Council of the City of McHenry. The pamphlet form of Resolution No. , including the Resolution and a cover sheet thereof, was prepared, and a copy of such Resolution was posted in the City Hall, commencing on the day of 2021, and will continue for at least 10 days thereafter. Copies of such Resolution are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodi an and keeper of the same. GIVEN under my hand and seal this day of 2021. Monte Johnson, City Clerk City of McHenry, McHenry County, Illinois (SEAL) 8 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: October 4, 2021 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Authorization for the Mayor and City Clerk to Execute a Collective Bargaining Agreement Between the City of McHenry and The International Union of Operating Engineers, Local 150, Public Employees Division ATT: Collective Bargaining Agreement Between the City of McHenry and Local 150 ______________________________________________________________________________ AGENDA ITEM SUMMARY: Staff is presenting, for the consideration of the City Council, a proposed four (4) year contract renewal between the City of McHenry and The International Union of Operating Engineers, Local 150, Public Employees Division. BACKGROUND: The previous five (5) year contract term with Local 150 was between May 1, 2016 and April 30, 2021. As such, the previous contract is now expired. During the term of the previous contract, the annual cost of living wage increases were 2.25%, 2.5%, 2.5%, 2.5%, and 2.75%. City staff was notified of the Union’s intention to reopen negotiations in Spring of this year and began a series of negotiation meetings with Local 150 which concluded in August with the Union acceptance of the negotiated proposal. The negotiation process took longer than is ideal due to scheduling challenges with Local 150 and therefore retroactive pay will need to be accounted for when the contract is ratified. ANALYSIS: Beginning in Fall of 2020, City staff began preparations for the negotiations by developing a set of priorities and contract revisions that correspond with operational and structural changes to the Public Works Department. The text of the contract largely remains the same, however, the proposed contract modifications will make the current contract terms consistent which these changes. Staff’s focus for this contract has been to develop a grade and classification system that 9 is based upon credentialing and performance. This system will be utilized to develop staff for future management positions and to meet the City’s legal, statutory, and risk management obligations for its facilities and operations. Staff’s other primary focus for the negotiations was adjusting the contract terms regarding winter operations in terms of the duration of the winter operations season and allowable time off during the winter snow season. Non-Financial contract amendments include: • Section 5.2. Normal Work Period, Workday, and Work Schedule: This section has been modified to allow for the implementation of summer work hours of 6:30 am-3:00pm between May 1 and September 30 of each year. • Section 5.9 On-Call Pay: This section has been modified to include on call pay for Street and Utility Division staff as this practice has been implemented during the term of the previous contract. • Section 9.1 Holidays: This section has been modified to include the addition of Presidents’ Day and Veterans’ Day as recognized City Holidays. • Section 10.3 Scheduling and Accrual: This section has been modified to extend snow removal season from 12/1 though 3/31 to 11/15 through 3/31. The maximum number of Street Division staff allowed off at any given time has been reduced from two to one. • Section 16.2 Removal of Discipline: Duration of file retention for verbal reprimands has been reduced from 60 months to 24 mont hs and written reprimand file retention has been limited to 48 months. • Section 17.8 Maintenance of Specific Working Conditions: The reference to the City Personnel Policy Manual has been adjusted to the current manual adopted on September 20, 2021. • Section 17.13 Water/Wastewater Licensing: A reference limiting the number of employees allowed at each operator grade based upon Appendix B has been added. • Appendix A has been modified to list new grade classifications which are consistent with the Pay Grades identified in Appendix B. • Addition of Appendix B: Credential Tables for Job Classification & Pay Grades (5/1/21 - 4/30/25) Financial amendments to the contract include: • Section 13.1 Base Wages: Proposed annual wage increases are 2.25%, 2.25%, 2.25%, and 2.5% for each of the four years of the contract per the Appendix C Table. • Section 14.1 Uniform Allowances: Uniform allowances have been adjusted to $475 Total and $200 for boots in FY 21-22 & 22-23 contract years; uniform allowances have been adjusted to $500 Total and $225 for boots in FY 23-24 & 24-25 contract years. • Section 15.1 Union Health Plan: City contribution amounts for the Union Health Plan premiums have been adjusted to current rates. Plan increase percentage caps have been adjusted including a provision that the contract will be reopened for negotiations if the plan increases by greater than 7% in a given fiscal year. 10 Staff has reviewed the majority of Public Works contracts (Both Local 150 and Non-Local 150 Union Contracts) negotiated within a reasonable radius of the City of McHenry since April 30, 2020 and has found the negotiated pay increases to be representative of the current market for Public Works Contracts and associated wages. RECOMMENDATION: Therefore, if Council concurs, it is recommended that the City Council authorize the Mayor and City Clerk to execute the negotiated four (4) year collective bargaining agreement between the City of McHenry and the International Union of Operating Engineers, Local 150, Public Employees Division for a term beginning May 1, 2021 and ending April 30, 2025. 11 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, PUBLIC EMPLOYEES DIVISION AND CITY OF McHENRY, ILLINOIS May 1, 2021 through April 30, 2025 12 1 TABLE OF CONTENTS PAGE Preamble ..................................................................................................................................5 ARTICLE 1 RECOGNITION ..........................................................................................5 Section 1.1 Recognition ..................................................................................................5 Section 1.2 Duty of Fair Representation .........................................................................6 Section 1.3 New Classifications .....................................................................................6 ARTICLE II UNION SECURITY AND RIGHTS ...........................................................6 Section 2.1 Dues and Fair Share Check-off ....................................................................6 Section 2.2 Fair Share .....................................................................................................7 Section 2.3 Bulletin Board ..............................................................................................8 Section 2.4 Union Indemnification .................................................................................8 Section 2.5 Union Officials.............................................................................................8 ARTICLE III MANAGEMENT RIGHTS .........................................................................8 ARTICLE IV LABOR-MANAGEMENT MEETINGS.....................................................9 Section 4.1 Meeting Request ..........................................................................................9 Section 4.2 Content .........................................................................................................9 Section 4.3 Attendance ...................................................................................................9 ARTICLE V HOURS OF WORK AND OVERTIME ...................................................10 Section 5.1 General Provisions .....................................................................................10 Section 5.2 Normal Work Period, Workday and Work Schedule ................................10 Section 5.3 Changes in Normal Work Period, Workday and Work Schedule .............10 Section 5.4 Overtime Pay .............................................................................................11 Section 5.5 Call-Back Pay ............................................................................................11 Section 5.6 Required Overtime .....................................................................................11 Section 5.7 Minimum and Maximum Hours ................................................................12 Section 5.8 Compensatory Time ...................................................................................12 Section 5.9 On-Call Pay ................................................................................................13 ARTICLE VI SENIORITY, LAYOFF AND RECALL ...................................................13 13 2 Section 6.1 Definition of Seniority ...............................................................................13 Section 6.2 Probationary Period ...................................................................................13 Section 6.3 Seniority List ..............................................................................................14 Section 6.4 Layoff .........................................................................................................14 Section 6.5 Recall .........................................................................................................14 Section 6.6 Termination of Seniority ............................................................................15 Section 6.7 Job Posting .................................................................................................16 ARTICLE VII GRIEVANCE PROCEDURE ....................................................................16 Section 7.1 Definition ...................................................................................................16 Section 7.2 Procedure ...................................................................................................16 Section 7.3 Arbitration ..................................................................................................17 Section 7.4 Limitations on Authority of Arbitrator ......................................................18 Section 7.5 Time Limit for Filing .................................................................................18 Section 7.6 Miscellaneous ............................................................................................18 ARTICLE VIII NO STRIKE-NO LOCKOUT....................................................................19 Section 8.1 Strikes Prohibited .......................................................................................19 Section 8.2 Violations of This Article ..........................................................................19 Section 8.3 Union Notification of Employees ..............................................................19 Section 8.4 No Lockout ................................................................................................19 Section 8.5 Judicial Relief ............................................................................................19 ARTICLE IX HOLIDAYS AND PERSONAL LEAVE BUSINESS LEAVE ......................................................................................................19 Section 9.1 Holidays .....................................................................................................19 Section 9.2 Eligibility Requirements ............................................................................20 Section 9.3 Holiday Pay ................................................................................................20 Section 9.4 Personal Business Leave ............................................................................20 ARTICLE X VACATIONS ............................................................................................21 Section 10.1 Eligibility and Allowance ..........................................................................21 Section 10.2 Vacation Pay ..............................................................................................21 Section 10.3 Scheduling and Accrual .............................................................................21 ARTICLE XI SICK LEAVE ............................................................................................23 Section 11.1 Purpose and Allowance ..............................................................................23 14 3 Section 11.2 Days Earned in Accumulation ...................................................................23 Section 11.3 Notification ..............................................................................................234 Section 11.4 Medical Examination .................................................................................24 Section 11.5 Sick Leave Utilization ................................................................................24 Section 11.6 Unused Sick Leave ....................................................................................24 ARTICLE XII ADDITIONAL LEAVES OF ABSENCE .................................................25 Section 12.1 Unpaid Discretionary Leaves .....................................................................25 Section 12.2 Military Leave ............................................................................................25 Section 12.3 Funeral Leave.............................................................................................25 Section 12.4 Jury Leave ..................................................................................................25 Section 12.5 Family and Medical Leave Act (FMLA) Leave ........................................26 Section 12.6 Application for Leave ................................................................................26 Section 12.7 Benefits While on Unpaid Discretionary Leave ........................................26 Section 12.8 Non-Employment Elsewhere .....................................................................26 ARTICLE XIII WAGES .....................................................................................................26 Section 13.1 Base Wages ................................................................................................26 Section 13.2 Wage Rates for Working Out of Classification .........................................27 Section 13.3 Military Service Compensation .................................................................27 Section 13.4 Responsible Operator In Charge ................................................................27 ARTICLE XIV UNIFORM ALLOWANCE .......................................................................27 Section 14.1 Uniform Allowances ..................................................................................27 Section 14.2 Return of Uniforms and Equipment ...........................................................28 Section 14.3 Tool Allowance ..........................................................................................28 ARTICLE XV INSURANCE .............................................................................................28 Section 15.1 Union Health Plan ......................................................................................28 Section 15.2 Waiver of Insurance ...................................................................................29 Section 15.3 Insurance for Injured Employees ...............................................................30 Section 15.4 Life Insurance ............................................................................................30 Section 15.5 Hepatitis Vaccine .......................................................................................30 Section 15.6 Unsafe Conditions ......................................................................................30 ARTICLE XVI DISCIPLINE ..............................................................................................31 Section 16.1 Discipline ...................................................................................................31 15 4 Section 16.2 Removal of Disciplinary Records ..............................................................30 Section 16.3 Access to Arbitration .................................................................................30 ARTICLE XVII GENERAL PROVISIONS ........................................................................30 Section 17.1 Gender ........................................................................................................30 Section 17.2 Ratification and Amendment .....................................................................30 Section 17.3 Fitness Examinations .................................................................................30 Section 17.4 Physical Fitness Requirements ..................................................................30 Section 17.5 Drug and Alcohol Testing and Policies .....................................................31 Section 17.6 Outside Employment .................................................................................31 Section 17.7 Rules and Regulations................................................................................31 Section 17.8 Maintenance of Specific Working Conditions…………………………...31 Section 17.9 Use of Electronic Communication Devices ...............................................31 Section 17.10 Evaluation Copy …………………………………………………………31 Section 17.11 Opportunity Lists ………………………………………………………..31 Section 17.12 On Call and Snow Opportunity Lists ……………………………………32 Section 17.13 Water and Wastewater Licensing………………………………………..32 SUBCONTRACTING ...............................................................................32 SAVINGS CLAUSE ..................................................................................32 ENTIRE AGREEMENT ............................................................................32 DURATION AND TERM OF AGREEMENT .........................................33 CORRELATION OF JOB CLASSIFICATIONS TO PAY GRADES ....................................................................................34 CREDENTIAL TABLES ..........................................................................35 WAGE SCHEDULE ..................................................................................36 ARTICLE XVIII ARTICLE XIX ARTICLE XX ARTICLE XXI APPENDIX A APPENDIX B APPENDIX C APPENDIX D LIST OF CURRENT EMPLOYEES AND JOB CLASSIFICATION ...................................................................................37 16 5 AGREEMENT BETWEEN CITY OF McHENRY, ILLINOIS AND IUOE LOCAL 150 May 1, 2021 through April 30, 2025 PREAMBLE THIS AGREEMENT entered into by the CITY OF McHENRY, ILLINOIS (hereinafter referred to as the “City” or the “Employer”) and the INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 150 (hereinafter referred to as the “Union”) is in recognition of the Union’s status as the representative of certain specified full-time employees of the City’s Public Works, Parks and Recreation, and Administration Departments, and has as its intent and purpose the establishment of an entire agreement covering all rates of pay, hours of work and conditions of employment applicable to bargaining unit employees during the term of this Agreement; the promotion of good working relations between the Employer and the Union; to encourage and improve efficiency and productivity; to prevent interruptions of work and interference with the operation of the City; and the establishment of an orderly procedure for the resolution of grievances as provided herein. Therefore, in consideration of the mutual promises and agreements contained in this Agreement, the Employer and the Union do mutually promise and agree as follows: ARTICLE I RECOGNITION Section 1.1. Recognition. The City recognizes the Union as the sole and exclusive collective bargaining representative for all full-time employees of the City’s Department of Public Works and Department of Parks and Recreation in the following classifications: Building and Grounds Custodian, Maintenance Worker I (Parks, Streets, Utility, Water, Wastewater), Maintenance Worker II (Parks, Streets, Utility), Maintenance Worker III (Parks, Streets, Utility), Operator I (Water, Wastewater), Mechanic I, Maintenance Worker IV (Parks, Streets, Utility), Operator II (Water, Wastewater), Mechanic II, Wastewater Mechanic, Chief Water Operator, Chief Wastewater Operator, Master Operator. Excluded from the bargaining unit are all other employees, including, but not limited to, any employee holding the positions of Director of Public Works, Operations Managers, Superintendent, Assistant Superintendent, Streets Supervisor, Utilities Supervisor, Staff Engineer, Administrative Analyst, Office Assistant, Finance Specialist, or summer help; all part-time employees; all full or part-time seasonal or temporary employees; all Public Works and Parks administrative employees; all non-Public Works Department and Parks and Recreation Department employees; and all other managerial, supervisory, confidential, professional 17 6 and short-term employees, as defined by the Illinois Public Labor Relations Act (IPLRA) (as it existed January 1, 1995). Section 1.2. Duty of Fair Representation. The Union recognizes its responsibility as the exclusive bargaining agent for the employees in the bargaining unit covered by this Agreement, and Union agrees to fulfill its duty to fairly represent all employees in the bargaining unit, whether or not they are members of the Union. Section 1.3. New Classifications. The Employer shall promptly notify the Union of its decision to implement any new classifications pertaining to work of a nature performed by employees in the bargaining unit. If the new classification is a successor title to a classification covered by the Agreement and the job duties are not significantly altered or changed, the new classification shall automatically become a part of this Agreement. If the new classification contains a significant part of the work now being done by any of the classifications covered by this Agreement, or whose functions are similar to employees in this bargaining unit, the parties will then meet within thirty (30) days to review the proposed classification and, if unable to reach agreement as to its inclusion or exclusion from the unit, the Union may petition the ISLRB to seek the necessary unit clarification. The Employer shall be free to implement its decision pending the outcome of the unit clarification petition and/or negotiations. If the inclusion of the proposed classification is agreed to by the parties or found appropriate under the Illinois Public Labor Relations Act, the parties shall then negotiate as to the proper pay grade for the classification, provided, however, that (i) the City may establish a temporary pay grade pending the outcome of such negotiations, and (ii) the provisions of Article VIII (No Strike-No Lockout) shall remain in effect during such negotiations and in the event of an impasse in such negotiations. ARTICLE II UNION SECURITY AND RIGHTS Section 2.1. Dues and Fair Share Check-off. While this Agreement is in effect, the City will deduct the appropriate biweekly amount of dues or fair share fees from each employee in the bargaining unit who has filed with the City a lawful, voluntary, effective check-off authorization form. Check-off authorization forms shall be supplied by the Union. The City will honor all executed check-off authorization forms received not later than ten (10) working days (i.e., days the City’s administrative offices are open) prior to the next deduction date. If a conflict exists between the check-off authorization form and this Article, the terms of this Article and Agreement control. Total deductions collected for each month shall be remitted by the City to the Union by the tenth (10th) of the following month, together with a list of employees for whom deductions have been made. Dues and fair share fees deducted shall be sent to the official address designated in writing to the Employer by the Union. The Union agrees to refund to the employee any amounts paid to the Union in error on account of this dues deduction provision. 18 7 Dues or fair share shall be withheld and remitted to the Union unless or until such time as the City receives ten (10) working days written notice a revocation of dues and fair share check-off from an employee, or other timely notice of an employee’s death, transfer from covered employment, termination of covered employment, or when there are insufficient funds available tin the employee’s earnings after withholding all other legal and required deductions. Information concerning dues and fair share not deducted under this Article shall be forwarded to the Union, and this action will discharge the City’s only responsibility with regard to such cases. The City shall provide the Union with a copy of any revocation of dues deduction authorization within seven (7) calendar days of the date the revocation is received by the City. Semiannually, the City shall provide the Union with a list of all employees in the bargaining unit, their fair share/dues status, and the amount paid in the previous six-month period. Deductions shall cease at such time as a strike or work stoppage occurs in violation of Article VIII (No Strike-No Lockout). The actual dues and fair share amounts to be deducted shall be certified in writing to the City by the Union. Dues and fair share fees shall each be uniform in dollar amount for all employees in order to ease the Employer’s burden of administering this provision. The Union may charge the fixed uniform dollar amounts of its regular monthly dues and fair share fees once each calendar year during the life of this Agreement. The Union will give the City thirty (30) calendar days’ notice of any such change in the mount of uniform dues or fair share fees to be deducted. Section 2.2. Fair Share. (a) During the term of this Agreement, bargaining unit members who are not members of the Union shall, commencing thirty (30) days after their employment or thirty (30) days after the effective date of this Agreement, whichever is later, pay a uniform fair share fee to the Union for collective bargaining and contract administration services rendered by the Union, provided that the fair share fee shall not exceed the dues attributable for being a member of the Union. A checkoff authorization card will not be required for the withholding of fair share fees. The Union shall periodically submit to the City a list of employees covered by the Agreement who are not members of the Union. The fair share fee shall not include contributions related to the election or support of any candidate for political office, or for any member only benefit. (b) The Union agreed to assume full responsibility to insure full compliance with the requirements set forth by the United States Supreme Court in Chicago Teachers Union v. Hudson, 106 U.S. 1066 (1986), with respect to the constitutional rights of fair share payers as well as all applicable provisions of the Illinois Public Labor Relations Act and rules and regulations promulgated thereunder relating to fair share fees. It is specifically agreed that any dispute a fair share fee payer may have with the Union concerning the amount of the fair share fee and/or the responsibilities of the Union with respect to fair share payers shall not be subject to the grievance and arbitration procedure set forth in this Agreement. (c) Non-members who object to this fair share fee based upon bona fide religious tenets or teachings shall direct the Union to pay an amount equal to such fair share fee to a non-religious charitable organization mutually agreed upon by the employee and the Union. If the affected non- 19 8 member and the Union are unable to reach agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois State Labor Relations Board and the payment shall be made to said organization. Section 2.3. Bulletin Board. The City will provide a 3’ x 4’ bulletin board or will make available space on a bulletin board (size – 3’ x 4’) in each of the following locations for the posting of official Union business which is germane to its role as the exclusive bargaining representative and which is not political, defamatory or derogatory in nature; Municipal Center, Public Works Facility, South Wastewater Treatment Plant, and Parks Maintenance garage. The Union will limit the posting of Union business to such bulletin boards. Section 2.4. Union Indemnification. The Union shall indemnify, defend and hold harmless the City and its officials, representatives and agents against any and all claims, demands, suits or other forms of liability (monetary or otherwise) and for all legal costs that shall arise out of or by reason of action taken or not taken by the City in complying with the provisions of this Article. Section 2.5. Union Officials. The Union shall advise the City Administrator of the names of the Union Stewards. It is expressly understood that the Stewards do not have authority to modify, alter, amend, etc. this collective bargaining agreement. ARTICLE III MANAGEMENT RIGHTS Except as specifically limited by the express provisions of this Agreement, the City retains all traditional rights to manage and direct the affairs of the City in all of its various aspects and to manage and direct its employees, to make and implement decisions with respect to the operation and management of its operations in all respects, including all rights and authority possessed or exercised by the City prior to the recognition of the Union as the bargaining agent for the employees covered by this Agreement. These rights and authority include, but are not limited to, the following: to plan, direct, control and determine all the operations and services of the City; to determine the City’s mission, policies, procedures, and to set all standards of service offered in the community; to determine the budget, and to allocate budgetary priorities; to utilize and select suppliers and subcontractors; to supervise and direct the working forces; to establish the qualifications for hire and conditions for continued employment; to determine reasonable standards of conduct, both on and off duty, to the extent permitted by federal and state law; to select, hire, train, evaluate, promote, demote and transfer employees; to discipline and discharge employees for just cause (probationary employees without cause); to schedule and assign work and work duties; to assign overtime; to establish and enforce reasonable work, productivity and performance standards and, from time to time, to change those standards; to determine the methods, means, organization and number of personnel by which City operations and services shall be provided or purchased; to determine whether services are to be provided by employees covered by this Agreement or by other employees or non-employees not covered by this Agreement; to make, alter and enforce reasonable rules, regulations, orders and policies; to change or eliminate existing methods, equipment or facilities; to layoff or otherwise relieve employees from duty because of lack of work or for other reasons; and to take any and all actions as may be necessary to carry out the mission, duties and responsibilities of the City in situations of local disaster or civil emergencies as may be formally declared by the Mayor or his designee to declare that a local disaster or civil emergency condition exists. In the event of 20 9 such emergency action, the provisions of this Agreement may be suspended, except for rates of pay. A local disaster or civil emergency shall include, but is not limited to, riots, civil disorder, and natural or manmade disaster conditions. For the purposes of this Agreement, an “emergency” is defined as a sudden, unexpected state of affairs requiring the immediate use of City resources. ARTICLE IV LABOR-MANAGEMENT MEETINGS Section 4.1. Meeting Request. The Union and the City agree that, in the interest of efficient management and harmonious employee relations, meetings to be held up to once quarterly at the request of either party or at other times mutually agreed between Union representatives and the Director of Public Works, Director of Parks and Recreation and/or the City Administrator. Such meetings may be requested by either party at least seven (7) days in advance by placing in writing a request to the other for a “labor-management meeting” and expressly providing the agenda for such meeting. Such meetings and locations, if mutually agreed upon, shall be limited to: (a) discussion on the implementation and general administration of this Agreement; (b) a sharing of general information of interest to the parties; (c) notifying the Union of changes in conditions of employment contemplated by the Employer which may affect employees; (d) issues or concerns involving safety. Section 4.2. Content. It is expressly understood and agreed that such meetings shall be exclusive of the grievance procedure. Specific grievances being processed under the grievance procedure shall not be considered at “labor-management meetings” nor shall negotiations for the purpose of adding to or altering ay of the terms of this Agreement be carried on at such meetings. Section 4.3. Attendance. Attendance at labor-management meetings shall be voluntary on the employee’s part, and attendance by off-duty personnel during such meetings shall not be considered time worked for compensation purposes. If the labor management meetings are scheduled at the request or consent of the City during the regularly scheduled duty hours of one or two employee Union representatives, and if it is mutually agreed between the Director of Public Works or his designee and the Union, such employee Union representative(s) shall be released from duty without loss of pay, provided they shall remain available to return to duty if needed. Normally, up to three (3) persons from each side shall attend these meetings, schedules permitting. 21 10 ARTICLE V HOURS OF WORK AND OVERTIME Section 5.1. General Provisions. A. Purpose of Article. The sole purpose of this article is to provide a basis for the calculation of straight time and overtime wage rates. The Employer’s pay records, practices, policies and other procedures shall govern the payment of all wages. This Article is intended only as a basis for computing overtime consistent with the provisions of the Fair Labor Standards Act. This Article is not intended to establish a right to compensation in any form for time not worked except as specifically provided for in this Agreement. B. No Pyramiding. Compensation shall not be paid more than once for the same hours under any provision of this Agreement. Section 5.2. Normal Work Period, Workday and Work Schedule. Except as provided elsewhere in this Agreement, the current normal work period shall be seven (7) days (normally starting at 12:01 a.m. Monday), and shall include 40 hours of work based on five consecutive 8-hour workdays (which may be scheduled Monday - Saturday) per week. The hours of work shall be 6:30 a.m. to 3:00 p.m. from May 1 through September 30 each year. A. Employees shall be granted one fifteen (15) minute paid morning break and a ten (10) minute paid break during the second half of the workday. Employees will take their breaks at their work site or as determined by the Supervisor overseeing the operation. In the event that employees are allowed to leave the work site during break, travel time will be included within the break period. No additional allowance for travel time outside the scope of the break period will be allowed. B. Employees shall be granted a one-half hour unpaid lunch near the midpoint of each day or as determined by the Supervisor overseeing the operation. Employees shall be permitted up to ten (10) minutes of drive/wash time in addition to the half hour lunch period. Additionally, where the requirements of the job dictate that employees work through their lunch period, employees shall be allowed to take their lunch break later in the shift as determined by the Supervisor overseeing the operation. Employees shall be on the work site ready to work up to the beginning of the drive/wash time and at the end of the lunch period. Employees will be allowed reasonable use of City vehicles during their lunch period. The employees shall receive a fifteen (15) minute clean/pick-up time at the end of their shift. Section 5.3. Changes In Normal Work Period, Workday and Work Schedule. The shifts, workdays and hours to which employees are assigned shall be stated on the Departmental work schedule. Should it be necessary in the interest of efficient operations to temporarily alter or reassign the regular and normal workday, work period, work shift or work schedule, absent unexpected circumstances or an emergency, the City shall give at least twenty-four (24) hours’ notice to the individuals affected by any such change. 22 11 If the City desires to permanently alter the normal scheduling arrangement as set forth in Section 5.2, the City shall (1) inform the Union of any such change thirty (30) days before it is implemented and (2) if requested, allow the Union an opportunity to comment on same through a labor-management meeting in accordance with Article IV. In either case (temporary or permanent) the City shall solicit volunteers and select the most qualified, senior volunteer. If an insufficient number of bargaining unit members volunteer, then the City shall assign the shift according to reverse seniority (least senior first). Section 5.4. Overtime Pay. When an employee works more than forty (40) hours in a 7- day work period, he shall be paid at a rate of one and one-half (1 1/2) times his regular straight-time hourly rate of pay for each overtime hour worked beyond forty (40) hours in a 7-day work period. Overtime pay shall be received in fifteen (15) minute segments as provided by the Fair Labor Standards Act (FLSA). For purposes of this Article, time worked shall include that time spent on duty as provided by the FLSA, plus any paid leave of absence (vacation, holidays, sick leave, etc.), but shall not include any unpaid leave of absence other than a worker’s compensation leave. All overtime shall be paid on the basis of a regular straight-time hourly rate calculated by dividing an employee’s annual salary by 2080. Section 5.5. Callback Pay. A.A call-back is defined as a work assignment which does not immediately follow an employee’s regularly scheduled working hours. An employee called back to work after having left work shall receive a minimum of two (2) hours pay at overtime rates, unless the individual is called back by his supervisor to rectify his own error. Once the employee completes the task for which he was called back, he shall be released unless additional work arises resulting in additional call-back situations prior to the employee completing the original call-back duties. For the purposes of this section, call-back duties will have concluded after the employee has completed the tasks assigned to the call-back situation and the employee departs from the city’s facilities. B.Employees, who respond to SCADA calls, during non-working hours, will receive a single two-hour call-back minimum per day upon the first occurrence, even if the employee is not required to leave home. Multiple SCADA calls, including nuisance calls, where an employee can respond via telecommunications, computer or internet, will not constitute an additional two-hour call-back minimum. SCADA calls requiring a field response will be handled as any other call-back as specified in paragraph A above and will open a two-hour window that will cover subsequent call- backs. Section 5.6. Required Overtime. The Director of Public Works, Director of Parks and Recreation or their designee(s) shall have the right to require overtime work and employees may not refuse overtime assignments. Overtime will be assigned as follows: A.In non-emergency situations, the Director of Public Works, Director of Parks and Recreation or their designee as a general rule shall take reasonable steps to obtain volunteers for 23 12 overtime assignments before assigning required overtime work. However, volunteers will not necessarily be selected for work in progress. Also, specific employees may be selected for assignments based upon specific skills, ability and experience they possess. Bargaining unit will be offered overtime before asking non-bargaining unit individuals to work. This will not affect the use of summer help. The Director Public Works, Director of Parks and Recreation or their designee will endeavor to equalize overtime opportunities among employees who share the same general duties and work schedule each calendar year. Each month, the City shall post a listing indicating the number of overtime hours an employee has worked. B. In the event of a non-snow or ice control emergency which occurs on a weekend, holiday or after the end of a normal shift, overtime opportunities will be offered on the basis of seniority until the required number of employees accept the overtime assignment. If the required number of employees do not accept the overtime assignment on a voluntary seniority-based basis, the assignment becomes a mandatory overtime assignment. Mandatory overtime assignments will then be filled on the basis of reverse seniority. In the event of a callout, supervisors will begin the callout in the Street Department at the point where the assignment was filled in the prior callout. C. For snow and ice control emergencies, overtime assignments will be based on two pre-scheduled shifts. Unit members will be assigned to one of the two shifts prior to the snow removal season using the reverse seniority process. During a snow or ice control event falling on a Saturday, Sunday, holiday, before a normal work day begins or after it ends, the Supervisor will notify the employees as they are needed for the mandatory shift. If the employee does not arrive at the City garage within thirty (30) minutes, they will not be paid from the time they were called, but rather from the time they arrive at work, but in no event shall the response time take longer than one (1) hour. Section 5.7. Minimum and Maximum Hours. Absent a mutual agreement between the City and Union to the contrary, the employees shall be provided a 40-hour work week. This 40 hours shall include all actual work time plus all paid and unpaid leaves of absence. Except in extreme emergency or by mutual agreement with the employee, no employee shall be required to work more than sixteen (16) hours in a twenty-four hour period. No employee shall be required to drive a vehicle requiring a commercial driver’s license (CDL) for more than twelve (12) consecutive hours. Individual bargaining unit members will track their hours worked with in a twenty-four hour period and will notify their supervisor if they have worked sixteen (16) hours in a twenty-four hour period. Section 5.8. Compensatory Time. Where requested by the affected employee and agreed to by the Director of Public Works, Director of Parks and Recreation, Director of the Department or their designee, the City shall grant compensatory time for all overtime hours worked, up to a maximum of forty-eight (48) hours of compensatory time per employee in any given calendar year. An employee may carry up to twenty-four (24) hours of compensatory time into the following calendar year. All other unused compensatory time will be paid out at the end of the calendar year at the employee’s then current straight-time rate of pay. Employees requesting the use of 24 13 compensatory time shall submit the request two (2) days in advance of the time-off requested. Compensatory time off shall be taken at such times and in such time blocks as are established or agreed to by the Director of Public Works, Director of Parks and Recreation or their designee. An employee who utilizes four (4) hours of compensatory time (or personal business leave as set forth in Section 9.4) on a Friday afternoon or a Monday morning will not be required to work on the contiguous Saturday or Sunday, except during snow removal season as stated in section 10.3. Section 5.9. On-Call Pay. Employees on-call according to the on-call rotation in the Streets, Utility, Wastewater and Water Divisions of Public Works and in the Parks Maintenance Division of the Parks and Recreation Department shall receive four (4) hours time-off (at straight pay) for every week they are scheduled to be on-call. This on-call time-off must be used within thirty (30) days after the call period ends. The four (4) hours on-call time-off shall constitute the sole compensation attributable to being on-call for the week. The provisions of this Section are not applicable to snow removal duties. During snow removal months (December 1st through March 31st), bargaining unit employees may request to use on-call time-off on a Friday or Monday if the maximum number of persons who will be permitted to be on vacation at any time has not been reached pursuant to Section 10.3. The granting or denial of on-call time-off shall be up to the City Administrator, Department Head, or supervisor. On-call time-off requests must be made no later than noon on the day preceding the requested time-off. If an employee fails to report when directed or cannot be reached within a reasonable amount of time when on-call, the employee will lose the supplemental on-call time-off provided by this Section for the on-call period and may be subject to appropriate discipline. ARTICLE VI SENIORITY, LAYOFF RECALL, AND JOB POSTING Section 6.1. Definition of Seniority. For purposes of this Agreement, seniority shall be defined as an employee’s length of continuous service from the last date of beginning continuous full-time employment in a position covered by this Agreement. Seniority shall accumulate during all authorized paid leaves of absence and during authorized unpaid leaves of absence, suspensions or lay offs of thirty (30) days or less. Seniority shall not accumulate from the first day of an authorized unpaid leave of absence, suspension or lay off of thirty (30) calendar days or more. Conflicts of seniority shall be determined on the basis of the alphabetical order of the employee’s last name. Section 6.2. Probationary Period. All new employees and those hired after loss of seniority shall be considered probationary employees until they have completed a probationary period of nine (9) months of work. The probationary period may be extended up to three (3) months by the Director of Public Works or the Director of Parks and Recreation. Should the Director of Public Works or the Director of Parks and Recreation determine to extend the probation of an employee, he shall provide a written notice to the employee of the extension and the reasons for the 25 14 extension. Time absent from duty or not served for any reason (such as, including but not limited to, unpaid leave of absence (including duty-related injury or illness), jury duty, military leave, etc.) shall not apply toward satisfaction of the probationary period, except for holidays, vacation and paid sick leave. Probationary employees shall be entitled to all rights, privileges and benefits provided for in this Agreement, except that during an employee’s probationary period, the employee may be terminated without cause. Such probationary employee shall have no recourse to the grievance procedure to contest a layoff, termination or extension of probation. Furthermore, there shall be no seniority among probationary employees for purpose of layoffs. Upon successful completion of the probationary period, an employee shall acquire seniority which shall be retroactive to his last date of hire with the City in a position covered by this Agreement. Section 6.3. Seniority List. On or about November 15 of each year, the City will provide the Union with a seniority list of all employees in the bargaining until setting forth each employee’s seniority date and job classification. The City shall not be responsible for any errors in the seniority list unless such errors are brought to the attention of the City in writing within fourteen (14) days after the Union’s receipt of the list. Upon requesting in writing to the Director of Public Works, an updated seniority list will be provided to the Union during the course of the year. Section 6.4. Layoff. The City, in its discretion, shall determine whether layoffs are necessary. If it is determined that layoffs are necessary, employees covered by this Agreement in the affected job classification(s) will be laid off in accordance with their length of service, provided, however, that (1) probationary employees shall be selected for layoff based on relative skill and ability as determined by the Director of Public Works or the Director of Parks and Recreation and not based on their seniority, and (2) the remaining employees must be qualified to do the remaining work without further training. If a non-probationary employee is laid off from their job classification, he may bump another less senior employee in an equal or lower-rated job classification in the bargaining unit if the City determines in its sole judgment that the employee to be bumped does not have greater skill and ability to carry out the duties of his job than the more senior employee. In the event a non-probationary employee is laid off pursuant to this Section 6.4 ahead of a probationary employee who possesses skills or qualifications not possessed by any non- probationary employee, said non-probationary employee(s) shall be given an additional six (6) months (up to a total of twenty-four (24) months) for purposes of recall pursuant to Section 6.5. Section 6.5. Recall. Employees (including probationary employees) who are laid off shall be placed on a recall list, in the reverse order of their layoff, for a period of eighteen (18) months. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they meet the City’s medical, physical fitness, and mental standards and are fully qualified to perform the work to which they are recalled without further training. An employee who is recalled and fails to meet such standards at the time of recall shall be passed over and returned to the top of the recall list; such an employee will be eligible for a second recall for a future vacancy so long as he remains on the recall list. An employee’s seniority will be terminated if he fails such standards upon a second recall. 26 15 Employees who are eligible for recall shall be given at least fourteen (14) calendar days’ notice of recall (with the first of the fourteen (14) days being the date the notice to the employee is postmarked). The notice of recall shall be sent to the employee by certified mail, return receipt requested, with a copy similarly mailed or personally delivered to a designated representative of the Union. The employee must notify the Director of Public Works, Director of Parks and Recreation or his designee of his intention to return to work within three (3) calendar days after receiving notice of recall (but in no event later than fourteen (14) days from the date of postmark of the notice of recall). The City shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the mailing address last provided by the employee, it being the obligation and responsibility of each employee to provide the Director of Public Works, Director of Parks and Recreation or his designee with his latest mailing address. If an employee fails to timely respond to a recall notice or if an employee either declines the recall or does not report to work as scheduled, his name shall be removed from the recall list. If the City has not heard from the employee within fourteen (14) calendar days of mailing a properly addressed notice of recall, or if the notice is returned as undeliverable by the United States Postal Service, whichever occurs first, the employee’s name shall be removed from the recall list. Section 6.6. Termination of Seniority. Seniority for all purposes and the employment relationship shall be terminated if the employee: (a) quits; (b) is discharged; (c) retires or is retired; (d) falsifies the reason for a leave of absence or is found to be working during a leave of absence without prior written approval of the Director of Public Works or the Director of Parks and Recreation. (e) fails to report to work at the conclusion of an authorized leave of absence, layoff or vacation; (f) is laid off and fails to respond to a notice of recall within three (3) calendar days after receiving notice of recall or to report for work at the time prescribed in the notice of recall or otherwise does not timely respond to a notice of recall as provided in Section 6.5 of this Agreement; (g) is laid off or otherwise does not perform bargaining unit work for the City for a period in excess of twelve (12) months; or (h) is absent for three (3) consecutive working days without notification to or authorization from the City, except for good cause shown due to circumstances beyond the control of the employee. 27 16 Section 6.7. Job Posting. The City will post, on the Union bulletin boards all city job openings. Union openings will not be filled until seven days after posting. ARTICLE VII GRIEVANCE PROCEDURE Section 7.1. Definition. "Grievance" is defined as a dispute or difference of opinion raised under and during the term of this Agreement by an employee or Union against the City involving an alleged violation, misinterpretation or misapplication of an express written provision of this Agreement. Section 7.2. Procedure. A grievance filed against the City will be processed in the following manner. The parties may bypass one or more steps of the following procedure by written mutual agreement: Step 1: The Union or an employee may file a grievance by submitting it in writing to the appropriate Superintendent within fourteen (14) calendar days after the occurrence or after the employee knew or should have known of the occurrence. The grievance shall specifically state the facts, relevant dates, provision violated and relief requested. The Superintendent shall meet to discuss the grievance with the grievant, the Steward and a Union Official at a mutually agreeable time within fourteen (14) calendar days of his receipt of the grievance. The Superintendent may have present other persons whom he deems appropriate. If no settlement of the grievance is reached, the Superintendent will provide a written answer within seven (7) calendar days of the meeting, or if no meeting is held, within seven (7) calendar days after his receipt of the grievance. Step 2: If the grievance is not settled at Step 1 and the grievant wishes to appeal to Step 2 of the grievance procedure, it shall be submitted in writing to the Director of Public Works or Director of Parks and Recreation within fourteen (14) calendar days after receipt of the City’s answer in Step 1 or within fourteen (14) calendar days of when the City’s answer in Step 1 was due. The grievance shall specifically state the basis upon which the grievant believes the grievance was improperly denied at the previous step of the grievance procedure. The Department Director shall meet to discuss the grievance with the grievant, the Steward and the Union Official at a mutually agreeable time within fourteen (14) calendar days of his receipt of the grievance. The Department Director will provide a written answer within seven (7) calendar days of the meeting or, if no meeting is held, within seven (7) calendar days after his receipt of the grievance. 28 17 Step 3: If the grievance is not settled at Step 2 and the grievant wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted in writing to the City Administrator within fourteen (14) calendar days after receipt of the City’s answer in Step 2 or within fourteen (14) calendar days of when the City’s answer in Step 2 was due. The grievance shall specifically state the basis upon which the grievant believes the grievance was improperly denied at the previous step of the grievance procedure. The City Administrator or his designee shall investigate the grievance and, in the course of such investigation, shall meet to discuss the grievance within fourteen (14) calendar days with the grievant, the Steward and a Union Official. The City Administrator may have present other persons whom he deems appropriate. If no settlement of the grievance is reached, the City Administrator or his designee shall provide a written answer to the grievant and a designated Union Official within seven (7) calendar days following the meeting or, if no meeting is held, within seven (7) calendar days after his receipt of the appeal. Section 7.3. Arbitration. If the grievance is not settled in Step 3 and the Union wishes to appeal the grievance from Step 3 of the grievance procedure, the Union may refer the grievance to arbitration, as described below, within fourteen (14) calendar days of receipt of the City’s written answer as provided to the Union in Step 3 or within fourteen (14) calendar days of when the City’s answer in Step 3 was due: (a) The parties shall attempt to agree upon an arbitrator within seven (7) calendar days after receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator within said seven (7) day period, the parties shall jointly request the Federal Mediation and Conciliation Service or American Arbitration Association (AAA) to submit a panel of seven (7) arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Both the City and the Union shall have the right to alternately strike names from the panel, with the Union striking first. The person remaining shall be the arbitrator. (b) The arbitrator shall be notified jointly by the parties of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and City representatives. (c) The City and the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the Union retain the right to employ legal counsel. (d) The arbitrator shall submit his/her decision in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later. 29 18 (e) More than one grievance may be submitted to the same arbitrator only if both parties mutually agree to do so in writing. (f) The fees and expenses of the arbitrator shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. The cost of a court reporter shall be borne on the party requesting the court reporter with a copy sent to the arbitrator, unless the other party requests a copy in which case the parties shall split the cost. Section 7.4. Limitations on Authority of Arbitrator. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the specific provisions of this Agreement. The arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing Step 2. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall be without power to make any decision or award which is contrary to or inconsistent with, in any way, applicable laws or court decisions, or rules and regulations of administrative bodies that have the force and effect of law. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. Any decision or award of the arbitrator rendered within the limitations of this Section 7.4 shall be final and binding upon the City, Union and the employees covered by this Agreement. Section 7.5. Time Limit For Filing. No grievance shall be entertained or processed unless it is submitted at Step 1 within fourteen (14) calendar days after the employee or Union through the use of reasonable diligence, could have obtained knowledge of the occurrence of the first event giving rise to the grievance. If a grievance is not presented by the employee within the time limits set forth above, it shall be considered “waived” and cannot be pursued further. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the City’s last answer. If the City does not hold a meeting or answer a grievance or an appeal thereof within the specified time limits, the aggrieved employee may elect to treat the grievance as denied at that step and immediately appeal the time limits set forth in this Article. Section 7.6. Miscellaneous. No member of any bargaining unit shall have any authority to respond to a grievance being processed in accordance with the grievance procedure set forth in this Article. Moreover, no action, statement, agreement, settlement, or representations made by any member of any bargaining unit or other City employee represented by any Union shall impose any obligation or duty or be considered to be authorized by or binding upon the City unless and until the City has agreed thereto in writing. 30 19 ARTICLE VIII NO STRIKE-NO LOCKOUT Section 8.1. Strikes Prohibited. During the term of this Agreement, neither the Union nor any of its officers or agents, nor any employees covered by this Agreement will, for any reason, instigate, promote, sponsor, aid, condone or engage in any strike, sympathy strike, boycott, secondary boycott, residential picketing or handbilling, work slowdown, speed-up, sit-down, concerted disobedience of lawful orders of a superior, concerted stoppage of work, concerted refusal to perform overtime, deliberate absenteeism, picketing of any kind or any other intentional interruption or disruption of the operations of the City. Section 8.2. Violations of This Article. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City, and the only issue that may be raised in any proceeding in which such discipline or discharge is challenged is whether or not he employee actually engaged in such prohibited conduct. Such discipline may include any, some or all of the employees involved. The failure to confer a penalty in any instance is not a waiver of such right in any instance nor is it a precedent. Any disciplinary action taken by the City for employee activities prohibited by this Article shall not be considered a violation of this Agreement and shall not be subject to the grievance and arbitration procedures of this Agreement. Section 8.3. Union Notification of Employees. The Union agrees to notify all Union Officials and agents of their obligations and responsibility for maintaining compliance with this Article, including their responsibility to abide by the provisions of this Article by remaining at work (that is, those who are employees of the City) during any interruption as outlined above. In addition, in the event of a violation of this Article, the Union agrees to inform its members of their obligations under this Agreement and to encourage and direct them to return to work by all means available under its Constitution, By-Laws, or otherwise. Section 8.4. No Lockout. The City will not lock out any employees during the term of this Agreement as a result of an actual or anticipated labor dispute with the Union so long as there is good faith compliance by the Union with this Article. Section 8.5. Judicial Relief. Nothing contained herein shall preclude the Employer from obtaining a temporary restraining order, damages and other judicial relief as determined appropriate by the Court in the event the Union or any employees covered by this Agreement violate this Article. ARTICLE IX HOLIDAYS AND PERSONAL BUSINESS LEAVE Section 9.1. Holidays. The following are recognized as holidays for eligible employees: New Year’s Day Presidents’ Day 31 20 Memorial Day Independence Day Labor Day Veteran’s Day Thanksgiving Friday after Thanksgiving Christmas Eve Christmas Day Section 9.2. Eligibility Requirements. Employees shall work all holidays when scheduled as part of their normal Departmental work schedule. To be eligible to receive pay in recognition of a holiday, an employee must work the full scheduled day before and after the holiday, in addition to the full holiday when scheduled as part of their normal Departmental work schedule. The Director of Public Works or the Director of Parks and Recreation in his discretion may permit an employee who was ill to verify his illness so as to qualify for holiday pay, and such qualification will not be unreasonable withheld. Section 9.3. Holiday Pay. Employees who satisfy the eligibility requirements of Section 9.2 shall be given the holidays off or, if they are required to work on the holiday, a regular day’s pay (eight (8) hours of pay at straight-time rates) as holiday pay plus double time for all hours actually worked. Section 9.4. Personal Business Leave. Effective January 1, 2000, employees, with prior approval of the Department Head, may request to use up to thirty-two (32) hours (four 8-hour days) per calendar year to attend to personal business. Newly hired regular full-time employees will receive the following number of personal leave days in their first calendar year: Number of Hiring Date Personal Business Leave Days Prior to April 1 4 Between April 1 and June 30 3 Between July 1 and October 31 2 November 1 or later 1 Personal business leave shall be used in one (1) hour increments for the first hour of such leave. The second and subsequent hours may be used in fifteen minute increments. In no event shall personal leave be converted to cash compensation or carried over into subsequent years. Personal business leave requests shall be made with as much advance notice as possible. The Director of Public Works, Director of Parks and Recreation or his designee may approve or deny such requests, but such approval shall not be unreasonably denied. In a case where a denial has occurred, the employee may advance the request with his/her union steward to the next level of management. Under no circumstances will such requests be approved if, at the time of the request, 32 21 the absence, in the judgment of the Director of Public Works or the Director of Parks and Recreation, would cause another employee to be held over or called back to work. ARTICLE X VACATIONS Section 10.1. Eligibility and Allowance. Every employee shall be eligible to take paid vacation time after the completion of one (1) year of continuous full-time employment with the City in a position covered by this Agreement. Employees shall start to earn vacation allowance as of their date of hire. Vacation allowances shall be earned monthly, based on the following schedule: Length of Completed Number of 8-Hour Work Continuous Service Days (Hours) Per Year After completion of one (1) year 10 days (80 hours) After completion of six (6) years 15 days (120 hours) After completion of thirteen (13) years 20 days (160 hours) After completion of twenty (20) years 25 days (200 hours) Employees shall earn vacation allowances for any month in which they receive compensation for more than one hundred twenty (120) “hours of work.” For purpose of this section only, actual work time plus paid vacations, compensatory time, sick time and personal days shall be considered “hours of work”; no other paid or unpaid absence from duty shall be counted as “hours of work.” Section 10.2. Vacation Pay. The rate of vacation pay shall be the employee’s regular straight-time rate of pay in effect for the employee’s regular job assignment. Section 10.3. Scheduling and Accrual. Bargaining unit employees shall be awarded vacation time by the City in accordance with City service needs and, if possible, the employee’s desires. On or before November 1st, the employer will post anticipated, accrued vacation time for each employee for the following calendar year (as of January 1st). On or before November 1st, the Director of the Department or his designee shall post a schedule of days available for vacation during the upcoming calendar year. The bargaining unit employees shall then select their vacation preferences in the order of their seniority, with the most senior employee having first choice, the next most senior having second choice, and so on. Bargaining unit employees must make an initial first choice vacation selection of no more than two calendar weeks (to be taken in amounts of no less than one week), consecutive or separate, if eligible, during the initial sign up. After the initial sign- up, bargaining unit employees may be required to schedule any other vacation days in half-day increments on a first-come first served basis. The Director of the Department may limit the number of employees who will be allowed to take vacation at any one time. The vacation periods requested pursuant to this procedure shall be submitted to the Director of the Department or his designee for approval no later than December 1st of each year. The 33 22 Department Director or his designee shall review the requests and post a vacation schedule on or before January 1st. If a designee denies a vacation request, the employee can appeal the denial to the Director of the Department, whose approval of a request shall not be unreasonably withheld. After the vacation schedule has been posted, employees can, with two (2) workday advanced request, trade or reschedule vacation days, only with the approval of the Department Director or his designee. Employees can request to schedule additional vacation days after the vacation schedule has been posted with two (2) days advanced notice only with the approval of the Department Director or his designee. The employee requesting the addition or modification to vacation leave will be notified of the approval or denial of such as soon as a decision has been made but in no case less than twenty- four (24) hours prior to the requested vacation time. Vacation allowances are earned on a calendar year basis with the following exceptions. First, new hires will not receive vacation time until the anniversary of their first year of employment, upon which they will receive ten shifts of vacation time (provided they meet the requirements of Section10.1) which must be used prior to the end of the calendar year. Beginning the following January 1 and every January 1 thereafter, such employees will receive the vacation time they accrued during the prior calendar year for use in the calendar year in which they are given. Second, on an employee’s anniversary date of employment in a year (after his first) in which he becomes eligible to earn additional vacation time (the employee’s sixth, thirteenth, and twentieth anniversaries), the employee will receive the additional time on his anniversary for use during the remainder of the calendar year. On the following January 1, the employee will receive the vacation time he accrued during the prior calendar year based upon the new rate of vacation accrual. Vacations to be scheduled and taken during a given calendar year are vacation allowances earned during the previous calendar year or provided the employee on his anniversary date of employment for use during the remainder of the calendar year. Employees are encouraged to utilize their accrued vacation time within a year from the time it is posted. However, a maximum of five (5) days may be carried over into the following calendar year. The period of time from November 15th through March 31st is considered “snow removal months.” During snow removal months, the maximum number of persons who will be permitted to be on vacation, compensatory time, or personal time at any one time shall be as follows: Division Maximum Street One Waste Water One Water One Utility One Parks One Should an employee who is considered a primary driver during the snow removal months take vacation, compensatory, or personal leave during the snow removal months, the City shall have the right to assign a replacement primary driver. If an employee signs the Employee Absence 34 23 Request and agrees to be available for snowplowing for the contiguous hours of the request, at the supervisor’s sole discretion, additional employees may be granted requested time off. The Director of the Department or his designee reserves the right to cancel any or all approved vacation leaves in advance of their being taken and/or recall any employees from vacations in progress. Such cancellations and revocations shall not be unreasonable. An employee’s vacation shall be considered to commence at the conclusion of his last scheduled pre-vacation workday, and will end at the start of the first scheduled post-vacation workday. During the “snow removal months” an employee must use four (8) hours of vacation, compensatory or personal time on a Friday or Monday to receive contiguous time off through the weekend, only a total of three (3) Street Division employees may utilize contiguous time per weekend during snow removal months. The parties agree to reopen the contract for the purposes of renegotiating Section 10.3 if staffing problems arise during the 2021-2022 snow season. ARTICLE XI SICK LEAVE Section 11.1. Purpose and Allowance. Sick leave with pay is provided as a benefit in recognition that employees and their immediate family members do contract various illnesses from time-to-time and that their financial resources may be diminished in such instances if pay is discontinued, and that it may not be in the best interest or health of the employee or fellow employees to work while sick. Any employee contracting or incurring any non-service connected sickness or disability (except where the injury or illness is incurred while the employee is performing compensated service outside of his employment with the City where compensation for such injury or illness is provided by the outside employer, i.e., workers’ compensation, sick leave, etc.) or for the illness of an immediate family member shall receive sick leave with pay as set forth in this Article. The City, at its discretion, may require an employee to produce a physician’s verification of illness as specified in Section 11.4 for the illness of the employee or the illness of a family member. Section 11.2. Days Earned in Accumulation. Employees shall be allowed one day of sick leave for each month of service (which equals a total accumulation of twelve workdays per year). Sick leave shall be earned by an employee for any month in which the employee is compensated for more than eighty (80) “hours of work.” For purposes of this section only, actual work time plus paid vacations, personal days, use of sick time, workers compensation status and FMLA time (while in pay status) is actual “hours of work”; no other paid or unpaid absence from duty shall be counted as “hours of work.” Sick leave cannot be taken before it is actually earned. Section 11.3. Notification. Notification of absence due to sickness shall be given to an individual designated by the Director of Public Works or Director of Parks and Recreation (normally the employee’s Superintendent) as soon as possible on the first day of such absence and every day 35 24 thereafter (unless this requirement is waived by the Director of Public Works in writing), but no later than the start of the employee’s work shift. Failure to properly report an illness without good cause may be considered as absence without pay and may subject the employee to discipline. Section 11.4. Medical Examination. The City may, at its discretion, require an employee to submit a physician’s verification of illness, and such verification normally will be required for sick leave of three (3) consecutive duty shifts or more. The City also may require a physician’s verification that the employee is well enough to return to work. Falsification of any verification of illness shall be grounds to subject the employee to disciplinary action, which may include reimbursement by the employee to the City for sick leave benefits wrongfully obtained. The City, at its option, may require an employee to submit to an examination by a physician or other medical professional chosen by the City; if the City requires an employee to submit to an examination by a physician designated by the City, the City will pay the expenses to the extent they are not covered by insurance (i.e., the employee shall not be responsible for such costs). Section 11.5. Sick Leave Utilization. Sick leave shall be used in no less than one hour increments. Sick leave may be utilized only for the purposes specified in Section 11.1. For purposes of Section 11.6(b), sick leave may accrue to a maximum of 800 hours (the equivalent of one hundred (100) eight-hour shifts) of sick leave as of the end of each fiscal year. There shall be no maximum accumulation or cap on sick days for use in accordance with Section 11.1. To the extent permitted by law, employees on sick leave are required to remain at home unless hospitalized, visiting their doctor, or acting pursuant to reasonable instructions for care. Section 11.6. Unused Sick Leave. (a) An employee who has used less than (3) sick days during any calendar year may elect to receive a sick leave cash payment for the difference between three days and the number of sick leave days actually used (3 days maximum). The number of days for which such employee elects cash compensation shall be deducted from such employee’s accumulated sick leave. (b) An employee (i) who has been placed on permanent disability pension, or (ii) who has at least twelve (12) years of service on the Department as a full-time employee, is eligible to retire and who elects to retire, or (iii) who dies while still employed after twelve (12) years of service shall be paid (or their designated beneficiary shall be paid) for unused sick leave days at the rate of fifty percent (50%) of his regular rate of pay in effect on the 1st day of May immediately preceding his last day of active work for the City for all accrued and unused sick leave time as of his last day of active work for the City, up to a maximum of eight hundred (800) hours (100 days), provided the employee has accumulated at least forty days (320 hours) of unused sick leave. In other words, the employee retiring or dying with at least forty days of sick leave will be paid fifty percent (50%) for all sick leave hours up to eight hundred (800), for a maximum of four hundred (400) hours of pay. In no event shall any employee be entitled to the benefits set forth in Section 12.6(b) if the employee is discharged. 36 25 ARTICLE XII ADDITIONAL LEAVES OF ABSENCE Section 12.1. Unpaid Discretionary Leaves. The City may grant leaves of absence, without pay or salary, to employees for job-related reasons (such as further training or study), which will enable employees to perform their usual and customary duties with greater efficiency and expertise, or other valid reasons (such as prolonged illness of the employee, his spouse, or his child or children or childbirth). No leave, if granted, shall be for a period exceeding three hundred sixty- five (365) consecutive calendar days. The denial of discretionary leaves shall not be subject to the dispute resolution and grievance procedure of this Agreement. Section 12.2. Military Leave. Military leave shall be granted in accordance with applicable law. Employees must apply for such leave as soon as they are aware of the need for such leave. Section 12.3. Funeral Leave. In the event of the death of an immediate family member, an employee may be permitted to be absent from his job for an appropriate number of days up to three (3) consecutive work days off within ten (10) days following the death with the City’s approval and receive regular straight-time pay. For purposes of this Section, immediate family shall include only the following persons related by blood, marriage or law to the employee; parents, spouse, children, siblings, mother-in-law, father-in-law, brother-in-law, sister-in-law, spouse’s child, spouse’s grandparent, grandparents, and grandchildren. In the event of the death of an extended family member, an employee may be permitted to be absent from his job for one(1) workday with the City’s approval and receive regular straight-time pay. For purposes of this Section, “extended family” shall include a daughter-in-law, son-in-law, aunts, uncles and cousins. Any absence to attend the funeral of anyone who is not a member of an employee’s immediate or extended family may be arranged with the City, without pay, but previously accrued and unused vacation leave may be utilized in such case with the consent of the City. An employee shall provide satisfactory evidence of the death and the employee’s attendance at the funeral if so requested by the City. At the City’s discretion, an employee may be permitted to use accrued sick leave up to a maximum of five (5) additional days, in connection with funeral leave days to extend funeral leave. Section 12.4. Jury Leave. An employee required to report for jury duty (including service on a grand jury) shall be excused from work without loss of pay for jury duty which occurs on the employee’s scheduled duty days and during the employee’s scheduled duty hours. An employee shall immediately notify the Director of Public Works, Director of Parks and Recreation or his designee as soon as he receives a notice to appear as a juror, and must provide the Director of Public Works, Director of Parks and Recreation or his designee with a copy of the jury summons prior to reporting for jury duty. In order for employees to receive compensation from the City for such jury duty, the employee must sign over to the City any compensation he receives for serving as a juror on days for which he was scheduled to be on duty, provided the employee may keep travel reimbursement he receives from the court for jury duty. 37 26 Section 12.5. Family and Medical Leave Act (“FMLA”) Leave. A leave of absence for reasons covered by the FMLA shall be granted in accordance with the City’s published Family and Medical Leave Act policy. Section 12.6. Application for Leave. Unless otherwise required by law, any request for a leave of absence other than funeral leave under this Article shall be submitted in writing by the employee to the City or its designee as far in advance as practicable. The request shall state the reason for the leave of absence and the approximate length of time off the employee desires. Authorization for a leave of absence, if granted, will be furnished to the employee and Union by the City and it shall be in writing. Section 12.7. Benefits While on Unpaid Discretionary Leave. (a) Unless otherwise required by law, and consistent with Sections 6.1, 10.1, and 11.2, length of service and other benefits shall not accrue for an employee who is on a worker’s compensation leave or other approved unpaid leave. Accumulated length of service shall remain in place during that leave and shall begin to accrue again when the employee returns to work on a pay status. Upon return from leave the City shall place the employee in his or her previous assignment, if vacant. If not vacant, an employee returning from leave will be placed in the first available assignment according to the employee’s seniority, where skill and ability to perform the work without additional training is equal. (b) If, upon the expiration of a leave of absence, there is no work available for the employee, he shall go directly on layoff. (c) During an approved unpaid leave of absence or layoff under this Agreement, an employee shall be entitled to coverage under applicable group medical and life insurance plans to the extent provided in such plan(s), provided the employee makes arrangements for the change and arrangements to pay the entire insurance premium involved, including the amount of the premium previously paid by the City. Section 12.8. Non-Employment Elsewhere. A leave of absence will not be granted to enable an employee to try for or accept employment elsewhere or for self-employment without prior written approval of the Director of Public Works or Director of Parks and Recreation. Employees who engage in employment elsewhere during such leave without such prior written approval may immediately be terminated by the City. ARTICLE XIII WAGES Section 13.1. Base Wages. Employees covered by this Agreement shall be compensated in accordance with the wage schedule attached hereto and incorporated herein as Appendix C, with increases retroactive to May 1, 2021. Retroactive compensation will be paid within 60 days of the ratification of this Agreement by both parties. The wage schedule reflects general wage increases 38 27 2.25% on May 1, 2021; 2.25% on May 1, 2022; 2.25% on May 1, 2023; and 2.5% on May 1, 2024. Appendix A specifies the employees’ job classifications and their corresponding pay grades. Appendix D includes a list of all current employees and their job classifications. The City’s ten-step pay plan will remain in effect for all employees. New employees shall progress through the wage schedule at the rate of one (1) step per year of service, with the step adjustments awarded at the start of the fiscal year after completion of the requisite year(s) of service. An employee hired prior to November 1 will receive a step increase on the next May 1st; an employee hired on or after November 1 will not receive a step increase on the next May 1st, but will wait instead to the start of the following fiscal year to progress to step 2 in their pay grade. Section 13.2. Wage Rates for Working Out of Classification. When an employee is required to assume the duties and responsibilities of a position that is compensated at a higher pay grade for more than three (3) consecutive workdays, he shall be paid at his same step in the higher pay grade for all hours actually worked in the higher rated job retroactive to the start of the assignment to the higher-rated job. Section 13.3. Military Service Compensation. Upon presentation of pay stubs evidencing an employee’s compensation for performing military reserve service, the City shall pay the employee the difference between the gross amount of such compensation and the employee’s regular compensation (excluding overtime) less withholding for a period not to exceed two weeks per calendar year. Section 13.4. Responsible Operator In Charge. In the event that the City determines the need for a responsible operator in charge with the IEPA, the qualified operator will receive step-up pay of $2.50 per hour for all hours worked in each pay period. The rate for overtime hours will be at the applicable rate. Step up pay is only in effect during the times in which the employee is the acting ROIC registered with the IEPA. If the City determines the need to transfer responsible operator in charge duties to another operator in charge, the City shall have the right to transfer such duties at its discretion upon 30 days written notice. ARTICLE XIV UNIFORM ALLOWANCE Section 14.1. Uniform Allowances. The mechanics, maintenance mechanics, wastewater treatment operators, wastewater maintenance workers and building & grounds custodians will be provided with specified uniforms by the City. All other employees shall receive an annual uniform allowance in the following amounts for the purchase of City-approved uniforms and boots (including safety shoes) from City-approved vendors will be charged: 39 28 2021-2022: $475, including $200 for boots; 2022-2023: $475, including $200 for boots; 2023-2024: $500, including $225 for boots; 2024-2025: $500, including $225 for boots. Employees may use the annual uniform allowance to purchase any seasonal or other workwear approved by the Department Director or City Administrator in addition to the normal complement of clothing paid by the City. The uniform allowance account shall not be carried over from year to year. All wastewater treatment operators, wastewater maintenance workers, mechanics, maintenance mechanics, and building and grounds custodians will receive One Hundred Seventy- Five Dollars ($175.00) per fiscal year allowance for the purchase of class 75 or better work boots. The allowance will be paid upon presentation of a paid receipt for the boots purchased. The City reserves the right to specify the work boot and vendors used. The City shall purchase and clean (at the City’s expense) winter coats for fleet maintenance and wastewater divisions’ employees every three years. The winter coats shall be considered, and will remain, the City’s property. Section 14.2. Return of Uniforms and Equipment. Upon separation from employment by the City, employees will be responsible for the return of uniforms and equipment purchased with City funds or issued directly by the City in good condition, less normal depreciation and destruction in the course of employment. Section 14.3. Tool Allowance. A $350.00 per year tool allowance will be paid to Street Division mechanics. ARTICLE XV INSURANCE AND HEALTH Section 15.1. Union Health Plan. A. Full-time bargaining unit employees will continue to participate in the health and welfare plans administered by the Midwest Operating Engineers Welfare Fund (“Fund”). The extent of coverage shall be governed by the terms and conditions set forth in the plans and/or Policies of the Agreement and Declaration of Trust of the Midwest Operating Engineers Welfare Fund, and all subsequent amendments made thereto, which shall be incorporated by reference herein. Any dispute concerning the coverage shall be resolved in accordance with the terms and conditions of the Declaration of Trust and shall not be subject to the grievance procedure of this Agreement. 40 29 Part-time and seasonal employees are not eligible to participate in the plan. Part-time or seasonal employees are those employees who regularly work less than 30 hours per week. New employees will be covered on the first day of the first month following date of hire B.Effective May 1, 2021, the City will submit to the Fund the following monthly contributions on behalf of each eligible employee: Single: $799 Single plus 1: $1,597 Family: $2,436 Thereafter, the rates shall increase on May 1 of each remaining contract year by an amount equal to the lesser of actual cost increases incurred by the Midwest Operating Engineers Health and Welfare Fund or 10%. If the cost of the Plan increases by more than 7% in a fiscal year, the parties agree to reopen the contract for purposes of negotiating wages for that respective fiscal year. C. Section 125 Pre-Tax Participation. Employees may continue to participate in the City’s Health Care Benefits Salary Reduction plan, in which they may pay their share of insurance premiums and other out-of-pocket medical costs with pre-tax dollars to the extent allowable by law. Section 15.2. Waiver of Insurance. Any employee shall have the option to waive the right to receive medical, dental and/or vision insurance coverage under the terms of this Section. If an employee waives any such insurance coverage but thereafter chooses to reverse his decision, the reinstatement of each such insurance shall be contingent upon the employee’s insurability and shall also be subject to such conditions, limitations and restrictions as the City’s insurers may prescribe as a consequence of the employee’s prior waiver and non-coverage. Section 15.3. Insurance for Injured Employees. The City shall pay the insurance premiums for employees unable to work because of an on-the-job injury for a period not to exceed six months subsequent to the injury. Section 15.4. Life Insurance. The current City coverage offered to all regular full time employees for life insurance for each employee covered by this Agreement in effect at the time of the signing of this Agreement shall continue for the life of the agreement, at no cost to the employee. Section 15.5. Hepatitis Vaccine. The City shall, at its expense, provide hepatitis vaccine inoculations to any employee whose job responsibilities bring him in contact with raw sewage. Section 15.6. Unsafe Conditions. Employees who reasonably and justifiably believe that their safety and health are in danger due to an alleged unsafe working condition or equipment, shall immediately inform their supervisor who shall have the responsibility to determine what action, if any, should be taken, including whether or not the job should be discontinued. 41 30 ARTICLE XVI DISCIPLINE Section 16.1. Discipline. As a matter of policy, the City recognizes the principles of progressive and corrective discipline, where applicable. Nothing, however, shall foreclose the City from seeking discipline commensurate with the offense. The City also acknowledges that non- probationary employees may only be disciplined for just cause. Section 16.2. Removal of Discipline. Verbal written reprimands shall be removed from an employee’s file after twenty four months from the occurrence, provided the conduct which led to the reprimand has not reoccurred during that time period. Written reprimands shall be removed from an employee’s file after 48 months from occurrence, provided the conduct that led to the reprimand has not reoccurred in that time period. Section 16.3. Access to Arbitration. The parties agree that an alleged violation of Section 16.1 above may not be taken to arbitration under the grievance procedure in Article VII, absent a specific, voluntary binding legal waiver of the employee’s right to sue in court over the same incident. ARTICLE XVII GENERAL PROVISIONS Section 17.1. Gender. Unless the context in which they are used clearly requires otherwise, words used in this Agreement denoting gender shall be deemed to refer to both the masculine and feminine. Section 17.2. Ratification and Amendment. This Agreement shall become effective when ratified by the Union and the City Council and signed by authorized representatives thereof and may be amended or modified during its term only with mutual written consent of both parties. Section 17.3. Fitness Examinations. The City may require, at its expense (to the extent not covered by insurance), that the employee have an examination by a qualified and licensed physician or other appropriate medical professional selected by the City if there is any question concerning an employee’s fitness for duty or fitness to return to duty. The City may also require any or all employees to take a complete physical exam as often as once a year. All physical examinations may include employee drug or alcohol testing when testing for fitness to return to duty or when appropriate under applicable policies (see Section 17.5). Section 17.4. Physical Fitness Examinations. In order to maintain and improve efficiency in the Public Works and Parks Departments, to best protect the public and to reduce insurance costs and risks, the City may establish reasonable physical fitness requirements for employees, which my include individualized goals and minimum fitness standards. All employees may be required to participate in any such program. Employees who fail to meet minimum fitness standards or who fail to make a good faith effort to achieve individualized goals shall be subject to progressive discipline 42 31 up to and including discharge. The City will meet with Union representatives in accordance with Article IV to discuss reasonable physical fitness requirements prior to their implementation or alteration. Section 17.5. Drug and Alcohol Testing Policies. The City shall implement a drug and alcohol testing policy for employees with commercial drivers licenses (CDL’s) consistent with applicable federal law. Other drug and alcohol testing shall be administered in accordance with applicable City policies. Section 17.6. Outside Employment. It is understood that the City is the employee’s primary employer and hours and schedule flexibility of any outside employment must be secondary to their obligations to the City, including response to call-backs. Employees may hold outside jobs, including self-employment, which will not result in a conflict of interest, infringe on their ability to do their job for the City, negatively reflect upon the City or be prohibited by law. Employees shall notify the Director of Public Works or Director of Parks and Recreation of any ongoing outside employment (name, address, phone number) where they can be contacted when necessary for callbacks. Section 17.7. Rules and Regulations. The Union acknowledges the right of the City to make, alter, interpret and enforce rules, orders and policies as it deems appropriate, consistent with the Management Rights Article of this Agreement. Other than in an emergency situation, where the City seeks to add to, modify, alter, change, delete, or otherwise amend or supplement the existing written policies, procedures, rules, regulations, orders or directives of the City or the Public Works and Parks Departments which directly relate to and significantly affect terms and conditions of employment for employees covered by this Agreement, the City shall notify the Union in writing of the proposed change(s), at least ten (10) days prior to the effective date of the modification, and shall provide a reasonable opportunity to the Union during the 10-day notice period to meet and discuss with the City the proposed modification. Any meeting that occurs pursuant to this Section shall be in the form of a labor-management conference pursuant to Article IV of this Agreement. Section 17.8. Maintenance of Specific Working Conditions. During the term of this Agreement, the City will continue to follow existing Personnel Policy Manual provisions (as last amended September, 2021) relative to (1) pool passes (Section 36.1 of The Manual) and (2) payment for commercial driver’s licenses (Section 36.2 of The Manual). Section 17.9. Use of Electronic Communication Devices. At no time shall an employee covered by this collective bargaining agreement operate heavy equipment or vehicles while using a personal electronic communication device. Section 17.10. Evaluation Copy. Employees shall be provided a copy of their evaluation at the time they are evaluated. Section 17.11. Opportunity Lists. Employees from the street department who are qualified to run and/or assist on the Aqua Tech work will be given the opportunity to be placed on that 43 32 opportunity list, in a secondary capacity, on if no Sewer Department employees are available on a call out. Section 17.12. On Call and Snow Opportunity Lists. The lists shall start using the seniority list with the most senior employee. Section 17.13 Water/Wastewater Licensing. Employees eligible to take a Water or Wastewater license shall be allowed to test during his/her normal shift. The Employer shall reimburse all test related costs to the employee after successful completion of the test. The number of employees at each operator grade shall be limited based upon the chart included as Appendix B. ARTICLE XVIII SUBCONTRACTING It is the general policy of the Employer to continue to utilize employees to perform work they are qualified to perform. However, the Employer reserves the right to contract out any work it deems necessary in the interests of efficiency, economy, improved work product or emergency as long as such subcontracting does not result in a layoff of any bargaining unit position or a reduction in normal hours of work without first providing the Union thirty (30) days notice and the opportunity to discuss alternatives to the layoffs or reduction of hours with the City. ARTICLE XIX SAVINGS CLAUSE In the event any Article, section or portion of this Agreement should be held invalid as unenforceable by any board, agency or court of competent jurisdiction or by reason of any subsequently enacted legislation, then such provision shall not be applicable or performed or enforced, except to the extent permitted or authorized by law, and such provision shall be deemed modified to the extent necessary to conform to law; provided that in such event all other provisions of this Agreement shall remain in full force and effect. If there is any conflict between the provisions of this Agreement and any legal obligations or affirmative action requirements imposed on the City by federal or state law, such legal obligations or affirmative action requirements thus imposed shall be controlling. ARTICLE XX ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no verbal statements shall supersede any of its provisions. Any amendment supplemental hereto shall not be binding upon either party unless executed in writing by the parties hereto. The Employer and Union Representative, for the life of this agreement, each voluntarily and unqualifiedly waive the right, and each agrees that the other shall not be obligated to bargain collectively with respect to: (1) any subject or matter specifically referred to or covered in this agreement; and (2) subjects or matters that arose as a result of the parties’ proposals during bargaining, but which were not agreed to. 44 33 ARTICLES XXI DURATION AND TERM OF AGREEMENT This Agreement shall be effective the day after the contract is executed by both parties, and shall remain in full force and effect until 11:59 p.m. on the 30th day of April 2025. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing at least sixty (60) days prior to the anniversary date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin no later than forty-five (45) days prior to the expiration date. Notwithstanding any provision of this Article or Agreement to the contrary, this Agreement shall remain in full force and effect after the expiration date and until a new agreement is reached unless either party gives at least ten (10) days’ written notice to the other party of its desire to terminate this Agreement, provided such termination date shall not be before the anniversary date set forth in the preceding paragraph. Executed this ____ day of , 2025. CITY OF MCHENRY: IUOE LOCAL 150: ___________________________________ ____________________________________ ___________________________________ ____________________________________ ___________________________________ ____________________________________ 45 34 Appendix A Job Classifications and Pay Grades IUOE Local #150 May 1, 2021 through April 30, 2025 Job Classification Grade Building & Grounds Custodian A Maintenance Worker I (Parks, Streets, Water, Utility, Wastewater) Maintenance Worker II B (Parks, Streets, Utility) Operator I (Water, Wastewater) C Mechanic I (Streets) Maintenance Worker III (Parks, Streets, Utility) Maintenance Worker IV (Parks, Streets, Utility) D Operator II (Water / Wastewater) E Mechanic II (Streets) Wastewater Mechanic Chief Water Operator Chief Wastewater Operator F Master Operator 46 CredentialsGradeMaintenance 1 (Parks)AMaintenance 1 (Streets, Utility, Water, Wastewater)AMaintenance 2 (Parks)1 of the following: Applicator License, Playground Inspector, Illinois ArboristBMaintenance 2 (Streets & Utility)1 of the following: Wastewater Collections, Class D Water, Illinois Arborist, Applicator LicenseBMaintenance 3 (Parks)C2Maintenance 3 (Streets & Utility)C9Operator 1 (Water)Class C & D WaterC2Operator 1 (Wastewater)Class 4 WastewaterC2Mechanic 1CMaintenance 4 (Parks)D1Maintenance 4 (Streets & Utility)DOperator 2 (Water)Class B WaterE2 plus current employees at gradeOperator 2 (Wastewater)Class 1 WastewaterE2 plus current employees grandfathered at E gradeMechanic 23 ASE CertificationsE2Wastewater MechanicLicensed Electrician & Class 4 WastewaterE1 plus current employees grandfathered at E gradeChief Water OperatorClass B Water & Facility ROICF1Chief Wastewater OperatorClass 1 Wastewater & Facility ROICF1Master OperatorClass B Water & Class 1 WastewaterF2Jason McMahon will remain at D grade per previous contract as he passed the exam under the previous contract effective dates.Benton Lesperance will be moved to D grade upon reciept of C & D water license per previous contract as he passed the exam under the previous contract effective dates.Applicator Licensese shall be Illinois Department of Agriculture licensee of one of the 3 following categories: Right of Way, Aquatic, OrnamentalShould Availability & Conduct Performance or any credentials lapse, the employees grade will be reduced to the former grade and an available position at the abandoned grade will be made available.Availability and Conduct Performance shall be considered lapsed due to any of the following: progressive discipline at the suspension level, overtime callout response drops below 75%, 3 plus current employees at D grade (subject to current employees passing D Water Exam per side letter agreement)Availability & Conduct Performance is defined as a current continous 24 month record of: 90% overtime callout response for all callouts, no missed/refused calls during assigned on call time, snow season time off (personal, vacation, comp) is only attached to 2 weekends per snow season, no new discipline above a verbal reprimand. FMLA time and personal or family medical treatment which is documented by a physician will not be counted against overtime callout response or on call Maximum # of Employees at GradeJob Classifications2 of the following: Applicator License, Playground Inspector, Illinois Arborist, Availability & Conduct Performance. 1 credential must be Illinois Arborist.2 of the following: Wastewater Collections, Class D Water, Illinois Arborist, Applicator License, Availability & Conduct Performance. 1 of the credential must be Illinois Arborist or Class D Water.3 of the following: Applicator License, Playground Inspector, Illinois Arborist, Availability & Conduct Performance. 1 credential must be Illinois Arborist3 of the following: Wastewater Collections, Class D Water, Illinois Arborist, Applicator License, Availability & Conduct Performance. 1 credential must be Class D Water or Illinois Arborist.All employees currently at C grade will remain at C gradeAppendix B: IUOE Local #150 Credential Table for Job Classifications and Pay Grades3547 May 1, 2020 ‐ April 30, 2021 Grade 12345678910 A ‐ Bldg. & Grounds $46,837 $48,716 $50,670 $52,701 $54,814 $57,012 $59,297 $61,675 $64,148 $66,721 B ‐ Maintenance Worker (Parks, Streets, Water, Utility, Wastewater)$52,339 $54,437 $56,976 $58,892 $61,252 $63,707 $66,262 $68,920 $71,684 $74,560 C ‐ Utility Division Operator I $54,815 $57,014 $59,478 $61,679 $64,152 $66,724 $69,399 $72,182 $75,077 $78,089 D ‐ Operator I Wastewater, Utility Division Operator II $57,291 $59,591 $61,980 $64,466 $67,052 $69,741 $72,536 $75,445 $78,471 $81,618 E ‐ Operator II Wastewater, Mechanic (Streets, Wastewater)$62,731 $65,247 $67,864 $70,582 $73,413 $76,358 $79,420 $82,603 $85,916 $89,362 May 1, 2021 ‐ April 30, 2022 2.25% Grade 12345678910 A ‐ Bldg. & Grounds, Maintenance I (Parks, Streets, Water, Utility, Wastewater)$47,890.83 $49,812.11 $51,810.08 $53,886.77 $56,047.32 $58,294.77 $60,631.18 $63,062.69 $65,591.33 $68,222.22 B ‐ Maintenance II (Parks, Streets, Utility) $53,516.63 $55,661.83 $58,257.96 $60,217.07 $62,630.17 $65,140.41 $67,752.90 $70,470.70 $73,296.89 $76,237.60 C ‐ Operator I (Water, Wastewater), Maintenance III (Parks, Streets, Water, Utility, Wastewater), Mechanic I (Streets)$56,048.34 $58,296.82 $60,816.26 $63,066.78 $65,595.42 $68,225.29 $70,960.48 $73,806.10 $76,766.23 $79,846.00 D ‐ Maintenance IV (Parks, Streets, Water, Utility, Wastewater)$58,580.05 $60,931.80 $63,374.55 $65,916.49 $68,560.67 $71,310.17 $74,168.06 $77,142.51 $80,236.60 $83,454.41 E ‐ Operator II (Water, Wastewater), Mechanic II, Wastewater Mechanic $64,142.45 $66,715.06 $69,390.94 $72,170.10 $75,064.79 $78,076.06 $81,206.95 $84,461.57 $87,849.11 $91,372.65 May 1, 2022 ‐ April 30, 2023 2.25% Grade 12345678910 A ‐ Bldg. & Grounds, Maintenance I (Parks, Streets, Water, Utility, Wastewater)$48,968.38 $50,932.88 $52,975.80 $55,099.22 $57,308.38 $59,606.40 $61,995.38 $64,481.60 $67,067.13 $69,757.22 B ‐ Maintenance II (Parks, Streets, Utility) $54,720.75 $56,914.22 $59,568.76 $61,571.95 $64,039.35 $66,606.07 $69,277.34 $72,056.29 $74,946.07 $77,952.95 C ‐ Operator I (Water, Wastewater), Maintenance III (Parks, Streets, Water, Utility, Wastewater), Mechanic I (Streets)$57,309.43 $59,608.49 $62,184.62 $64,485.78 $67,071.32 $69,760.36 $72,557.09 $75,466.73 $78,493.47 $81,642.54 D ‐ Maintenance IV (Parks, Streets, Water, Utility, Wastewater)$59,898.10 $62,302.76 $64,800.48 $67,399.61 $70,103.29 $72,914.65 $75,836.84 $78,878.22 $82,041.92 $85,332.13 E ‐ Operator II (Water, Wastewater), Mechanic II, Wastewater Mechanic $65,585.65 $68,216.15 $70,952.24 $73,793.92 $76,753.75 $79,832.77 $83,034.11 $86,361.95 $89,825.71 $93,428.53 May 1, 2023 ‐ April 30, 2024 2.25% Grade 12345678910 A ‐ Bldg. & Grounds, Maintenance I (Parks, Streets, Water, Utility, Wastewater)$50,070.16 $52,078.87 $54,167.76 $56,338.96 $58,597.82 $60,947.55 $63,390.28 $65,932.43 $68,576.15 $71,326.76 B ‐ Maintenance II (Parks, Streets, Utility) $55,951.97 $58,194.79 $60,909.06 $62,957.32 $65,480.23 $68,104.70 $70,836.08 $73,677.56 $76,632.36 $79,706.89 C ‐ Operator I (Water, Wastewater), Maintenance III (Parks, Streets, Water, Utility, Wastewater), Mechanic I (Streets)$58,598.89 $60,949.68 $63,583.77 $65,936.71 $68,580.42 $71,329.97 $74,189.62 $77,164.73 $80,259.58 $83,479.49 D ‐ Maintenance IV (Parks, Streets, Water, Utility, Wastewater)$61,245.81 $63,704.58 $66,258.49 $68,916.10 $71,680.61 $74,555.23 $77,543.17 $80,652.98 $83,887.86 $87,252.10 E ‐ Operator II (Water, Wastewater), Mechanic II, Wastewater Mechanic $67,061.33 $69,751.01 $72,548.66 $75,454.29 $78,480.71 $81,629.00 $84,902.37 $88,305.10 $91,846.79 $95,530.67 May 1, 2024 ‐ April 30 2025 2.50% Grade 12345678910 A ‐ Bldg. & Grounds, Maintenance I (Parks, Streets, Water, Utility, Wastewater)$51,321.92 $53,380.84 $55,521.95 $57,747.43 $60,062.76 $62,471.24 $64,975.04 $67,580.74 $70,290.55 $73,109.93 B ‐ Maintenance II (Parks, Streets, Utility) $57,350.77 $59,649.66 $62,431.79 $64,531.26 $67,117.24 $69,807.32 $72,606.98 $75,519.50 $78,548.17 $81,699.56 C ‐ Operator I (Water, Wastewater), Maintenance III (Parks, Streets, Water, Utility, Wastewater), Mechanic I (Streets)$60,063.86 $62,473.43 $65,173.37 $67,585.13 $70,294.93 $73,113.22 $76,044.36 $79,093.85 $82,266.07 $85,566.48 D ‐ Maintenance IV (Parks, Streets, Water, Utility, Wastewater)$62,776.95 $65,297.19 $67,914.95 $70,639.00 $73,472.62 $76,419.11 $79,481.75 $82,669.30 $85,985.06 $89,433.40 E ‐ Operator II (Water, Wastewater), Mechanic II, Wastewater Mechanic $68,737.86 $71,494.78 $74,362.38 $77,340.64 $80,442.73 $83,669.73 $87,024.93 $90,512.72 $94,142.96 $97,918.94 F ‐ Grade F shall include Chief Water Operator, Chief Wastewater Operator, Master Operator. Personnel at Grade F shall be paid $2.50/hour step up pay in addition to the current pay at Grade E Step 10 in the current contract year. Start of New Contract Appendix C IUOE Local #150 Wage Schedule 36 48 Appendix D IUOE Local #150 Employees and Job Classifications (as of 8/31/2021) Dept./Division Employee Name Job Classification/Grade Administration Dept. John Cummings Custodian (A) Parks Department Tracy Crowder John Dillion Christopher Etten Jacob Reilly Christopher Vanlanduyt Robert Zimmerman Maintenance Worker II (B) Maintenance Worker II (B) Maintenance Worker II (B) Maintenance Worker II (B) Maintenance Worker II (B) Maintenance Worker II (B) Street Division Nathaniel Banwart Ronald Barta Salvatore Burrafato Robert Glascott Nicholas Goettsche Jason Lamz Richard Leisten Henry Lobermeier Pedro Padro Christopher Sandoz Maintenance Worker II (B) Mechanic II (E) Maintenance Worker II (B) Maintenance Worker II (B) Maintenance Worker II (B) Mechanic II (E) Maintenance Worker II (B) Maintenance Worker II (B) Maintenance Worker II (B) Maintenance Worker II (B) Utility Division Sean Johnson Ryan Cheney Paul Clements Clinton Greve Timothy Lechner Patrick Maher Esteban Ramirez Todd Sasak Maintenance Worker III (C) Maintenance Worker III (C) Maintenance Worker III (C) Maintenance Worker (B) Maintenance Worker III (C) Maintenance Worker III (C) Maintenance Worker III (C) Maintenance Worker III (C) Wastewater Division Kevin Beggs Daniel Duffy David Fees Michael Freund John Kuhl Gregory Oliver Bryan Thome Wastewater Mechanic (E) Operator II (E) Maintenance Worker II (B) Maintenance Worker II (B) Operator II (E) Maintenance Worker II (B) Operator II (E) Water Division Benton Lesperance Douglas Mace Jason McMahon Bryan Scheel Maintenance Worker II (B) Operator II (E) Operator I (D) Chief Operator (F) 37 49 Department of Public Works Troy Strange, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: October 4, 2021 TO: Mayor and City Council FROM: Troy Strange, Director of Public Works RE: 2022 Surface Transportation Program Project Locations ATT: Quality Based Selection Policy State and Federal Funding Quality Based Selection Policy Local Funding Bureau of Local Roads Manual, Chapter 5 Excerpt (Engineering Agreements) AGENDA ITEM SUMMARY: Public Works Staff requests that the City Council consider the approval of Quality Based Selection Policies for Professional Engineering Services for both state and federally funded projects as well as locally funded projects. BACKGROUND: Professional engineering services are utilized for a number of projects and disciplines of engineering work and are utilized by City staff on a frequent basis. These services are provided by private engineering firms who specialize in various types of work. Historically, up until 2016, the City of McHenry “sole-sourced” its engineering work to a single firm that was appointed as the City Engineer. Beginning in 2016, the City of McHenry began developing processes which would allow for the utilization and consideration of multiple firms for City engineering projects. These efforts culminated with the development of a prequalified pool of engineering firms, from which staff would be able to select at times on a cost basis through an exercise of the City’s Home Rule Authority. This prequalification was enacted and made effective for a period of five yea rs. As this five-year period has now lapsed, staff has developed a new Locally Funded Quality Based Selection Policy which has been refined based upon staff’s experience with the previous prequalification process. Additionally, staff has developed a Quality Based Selection Policy specifically for state and federally funded projects. Approved consultant selection policies and procedures which are consistent with the requirement of the Brooks Act are now a requirement of Illinois Department of Transportation for utilization such funding. 50 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. Locally Funded Quality Based Selection Policy The Locally Funded Quality Based Selection policy is an update to the process for consultant selection for all locally funded work which is not subject to the requirements of the Brooks Act due to the City’s status as a Home Rule Community. Whereas projects would typically either be subject to the Brooks Act or the Illinois Local Government Professional Services Selection act, the City’s status as a Home Rule Community allows it to set separate selection procedures and to work with smaller pools of firms rather than go through a public advertisement process for each project. Staff has updated the previous local processes based upon experience from the last time the City prequalified engineering consultants. The most significant changes are to the number of firms prequalified, the categories in which they are prequalified, and the contract terms under which each prequalified consultant performs assigned tasks. In the past prequalification, two pools of consultants were prequalified, one pool of five firms was prequalified for water and sewer relate d work, and one pool of five firms was prequalified for transportation related work. Staff is recommending the creation of one pool of a minimum of four firms, with no maximum number of firms for general municipal engineering services. The other significant change adjusts the terms of the engineering agreement under which firms perform assigned tasks. In the past, firms were selected on an individual project basis and executed the City’s Engineering Services Agreement individually for each project. This contract governed only the projects which were awarded on an individual basis , but any small task orders or development review work were governed by agreements provided by the individual firm. Staff are recommending that the contract terms be changed suc h that each prequalified firm adopts a City master general services agreement, and then individual projects and small tasks will be assigned with the understanding that each project or task is performed under the terms of the general services agreement; this will streamline the award process and provide assurance that any small tasks or development review work will also be governed by the City’s agreement. Federally and State Funded Quality Based Selection Policy Whenever an engineering project which utilizes State or Federal Funding is undertaken, the project is subject to the requirements of the Brooks Act which requires a non -cost-based, but quality-based selection process to be utilized, which includes public advertisement, specified ranking criteria, and negotiations on cost after a firm has been selected. Staff have adhered to these requirements for the past several years for all projects of such type. However, the Illinois Department of Transportation now requires not just adherence to the Brooks Act , but the adoption and approval of selection policies. The requirements of the Illinois Department of Transportation Bureau of Local Roads for QBS policies are included in the attached excerpt from the Bureau of Local Roads Manual and staff has modeled the proposed policy from the manual recommendations. ANALYSIS: The attached policies are consistent with the City’s legal and statutory responsibilities and authority, with regard to consultant selection. Staff has worked with the City Attorney in the development of these policies, which are recommended for approval. 51 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. RECOMMENDATION: Therefore, if City Council concurs, it is recommended to make a separate motion to approve each of the following policies: • QBS Policy – Locally Funded • QBS Policy – Federal Funded and State Funded 52 1 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. QUALIFICATIONS BASED SELECTION (QBS) PROCUREMENT POLICY – STATE AND FEDERAL FUNDED PROJECTS CITY OF MCHENRY OCTOBER 4, 2021 The CITY OF MCHENRY is in need of professional design, engineering, planning and surveying services for various construction projects. The selected design will influence the entire course of the project, economy, feasibility, function, efficiency, construction costs, operating costs and maintenance costs during the life of the improvement. Therefore, it is very important that the public officials select the most qualified professional design firm. A Qualifications Based Selection (QBS) procedure facilitates professional design firm selection, based on qualifications and competence, in relation to the scope and needs of a particular project. The QBS process is required when the CITY OF MCHENRY receives funding from either the State of Illinois or the federal government, each of which have slightly different requirements. As such, the CITY OF MCHENRY’s specific policy for the QBS process is divided into two distinct procedures based on the funding mechanism for the design services and is intended to be compliant with the requirements in Section 5-5 for Engineering Agreements in the IDOT Bureau of Local Roads and Streets (BLRS) Manual. As guidance for the application of this these procedures, the CITY OF MCHENRY adopts and incorporates BLRS Manual Figure 5 -5A, Requirements for QBS. STATE FUNDED DESIGN SERVICES The CITY OF MCHENRY shall use the following QBS process for contracts over $40,000 in accordance with 50 ILCS 510 for any State, MFT or TBP funded engineering and professional services. 1. Define the Project – The CITY OF MCHENRY will clearly define the scope of services desired and will include the following: a. Description in general terms of the need, purpose and objective of the project; b. Identify the various project components; c. Establish the desired timetable for the effort; d. Identify any expected problems; and e. Determine the total project budget. 2. Public Notice, Evaluation and Selection – In accordance with IDOT’s QBS requirements, the state funded process steps for Public Notice, Evaluation and Selection will be omitted if the Public Works Director determines that the CITY OF MCHENRY has a satisfactory working relationship with a qualified consultant and the engineering services contract is not being paid for using federal funds. If a satisfactory relationship does not exist, then the Public Notice, Selection and Evaluation shall be performed in accordance with IDOT’s BLRS Manual Section 5-5.06(c). 3. Contract Negotiation – The CITY OF MCHENRY will prepare a written scope of services to be used as the basis for the negotiations, taking into account the estimated value, scope, complexity, and professional nature of the services to be rendered. The CITY OF MCHENRY shall negotiate a contract with the highest qualified consultant at compensation that the CITY OF MCHENRY determines in writing to be fair and reasonable. The negotiation shall include refinement, amendment , and a 53 2 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. complete definition of the services to be rendered. Special elements of the engineering portion of the project to be established during negotiation include: a. Project schedule; b. Manpower requirement and timing; c. Level of engineering effort; d. Avenues of research, and; e. Areas of responsibility/liability 3.1 Percentage Fee Contracts. Any percentage fee contract shall be fully supported by an acceptable estimate of man-hours, anticipated hourly payroll rates by classification of employee for the project, and applicable overhead and burden rates. These rates will be evaluated by the CITY OF MCHENRY and, if determined to be acceptable, the CITY may submit the percentage fee to IDOT for approval. 3.2 The consultant’s method of dividing the project into work units and calculating related time units are to be such that the estimate can be readily reviewed. The consultant w ill use its own estimates of man-hours, rates of pay, overhead, profit, and itemized non-salary costs based on the consultant’s work force and past job experience. 3.3 When the prime consultant requires the services of another consultant to provide expertise, advice, or information to the prime consultant, the prime consultant will complete an analysis of fee for engineering services (including a breakdown of direct salary and direct non - salary costs), or supply specific rate for services (e.g. testing). The prime consultant is responsible for ensuring that Disadvantage Business Enterprises (DBE’s) will have an equitable opportunity to complete for subcontracts. 3.4 Contracts between CITY OF MCHENRY and consultants must be set forth in fully executed agreements. If an agreement cannot be reached on the scope and fee, the CITY OF MCHENRY may discontinue negotiations with the top-ranked consultant and continue the procurement process with the second ranked consultant or with another consultant that the CITY OF MCHENRY has a satisfactory working relationship. 4. Summary – Ranking and negotiations involve a considerable amount of subjective judgement. Engineering projects involve a large expenditure of public funds, accountability for decisions, and value judgments, most importantly, to ensure adequate accountability: a. Involve more than one knowledgeable person in the evaluation process; b. Be consistent in reviewing each applicant; and c. Keep accurate and complete records of all correspondence, memoranda, evaluations, and decisions. The primary purpose of undertaking the QBS process is to locate the most qualified consultant to do the work and negotiate a fair and equitable agreement. Federal and Illinois law prohibits selecting consultants based on cost for any project exceeding $40,000. The selection shall be based on the consultant’s experience and expertise in projects of the same type as proposed. 54 3 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. FEDERAL FUNDED DESIGN SERVICES For engineering agreements of $40,000 or greater, which include federal funds, the CITY OF MCHENRY shall use the following QBS process that is fully compliant with the Brooks Act (40 USC 11), the FHWA’s requirements for Procurement Management, and Administration for Engineering and Design related Services (23 CFR 172) when federal funds are used for design services. The CITY OF MCHENRY’s process includes competitive negotiation supported by qualification-based selection procedures as the primary method of procurement for engineering and design related services, using federal funding. 1. Initial Administration – The CITY OF MCHENRY QBS policy and procedures assigns responsibilities to the Public Works Director with the CITY OF MCHENRY organization for the procurement, management, and administration for consultant services. 2. Written Policies and Procedures - The CITY OF MCHENRY maintains written policies and procedures for the procurement, management, and administration of engineering and design related consultant services and believes their adopted ABS written policies and procedures substantially follows Section 5-5 of the BLRS manual and specifically Section 5-5.06(e), therefore; approval from IDOT is not required. 3. Project Description – The CITY OF MCHENRY will use the following five items when developing the project description and may include additional items when unique circumstances exist. a. Describe in general terms the need, purpose and objective of the project; b. Identify the various project components; c. Establish the desired timetable for the effort; d. Identify any expected problems; and e. Determine the total project budget. 4. Public Notice – The CITY OF MCHENRY will post an announcement on our website and/or publish an ad in a newspaper with appropriate circulation. The item will be advertised for at least 14 days prior to the acceptance of proposals, and at least twice in the newspaper and/or on continuous display on our website. 5. Conflict of Interest – The CITY OF MCHENRY will require consultants to submit a disclosure statement with their procedures. The CITY OF MCHENRY requires the use of the IDOT BDE DISC 2 Template as their conflict of interest form. 6. Suspension and Debarment – The CITY OF MCHENRY will use the SAM Exclusions, IDOT’s CPO’s website, and the three other state SPO’s websites to verify suspensions and debarments actions to ensure the eligibility of firms shortlisted and selected for projects. 7. Evaluation Factors – The CITY OF MCHENRY allows the Public Works Director or their designee to set evaluation factors for each project, but must include a minimum of 3 criterion and stay within the established weighting range. The maximum of DBE and local presence will not be more than 10% on projects where federal funds are used. Project specific evaluation factors will be included at a minimum in the Request for Proposals. 55 4 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. a. Project Understanding and Approach 25%-75% b. DBE and Local Presence 0%-10% c. Relevant Experience 25%-75% d. Firm/Subconsultant Capabilities 25%-75% e. General Knowledge of City of McHenry Infrastructure 0%-25% 7.1 Interviews. The CITY OF MCHENRY’S selection committee may conduct discussions with and require presentations by consultants deemed to be the most qualified based on their qualifications, approach to the project, and ability to furnish the required services. When conducted, interviews shall occur separately with a minimum of three consultants, or all qualified consultants, if less than three qualified consultants respond. If the CITY OF MCHENRY decides to conduct discussions with and/or require presentations by consultants deemed to be the most qualified, this information will be included in the public notice. 7.2 In no case will the CITY OF MCHENRY, prior to selecting a consultant for negotiation, seek formal or informal submission of verbal, written, or sealed estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation. 8. Selection – The CITY OF MCHENRY requires a minimum of a 3-person selection committee. Typically, the selection committee members include the Public Works Director, Engineer, and Division Manager. The selection committee members must certify that they do not have a conflict of interest. Selection committee members are chosen by t he Public Works Director for each project. The CITY OF MCHENRY requires each member of the selection committee to provide an independent score for each proposal using the form below prior to the selection committee meeting. Criteria Weighting Points Firm 1 Firm 2… Criterion 1 30% 30 0-30 Criterion 2 30% 30 0-30 Criterion 3 40% 40 0-40 Total 100% 100 0-100 8.1 The selection committee members’ scores are averaged for a committee score which is used to establish a short list of three firms. The committee score is adjusted by the committee based on group discussion and information gained from presentations and interviews to develop a final ranking. If there are other firms within 10% of the minimum score, the Public Works Director may choose to expand the short list to include more than three firms. 8.2 If fewer than three qualified consultants submit letters of interest or RFP responses and the CITY OF MCHENRY determines that one or both are so qualified, IDOT approval will be obtained prior to the CITY OF MCHENRY proceeding to negotiate a contract. 9. Independent Estimate – The CITY OF MCHENRY will prepare an independent in-house estimate for the project prior to contract negotiation. The estimate is used in the negotiation. 56 5 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. 10. Contract Negotiation – The CITY OF MCHENRY requires that the Public Works Director negotiate with the firms . The Public Works Director may delegate this responsibility to staff members. 11. Acceptable Costs – The CITY OF MCHENRY requires the Public Works Director to review the contract costs and the indirect cast rates to assure they are compliant with Federal cost principals prior to submission to IDOT or the governing agency. 12. Invoice Processing – The CITY OF MCHENRY requires the Public Works Director, assigned to any project using federal funds, to review and approve all invoices prior to payment and submission to IDOT for reimbursement. 13. Project Administration – The CITY OF MCHENRY requires the assigned Engineer to monitor work on the project in accordance with the contract and to file reports with the Public Works Director. The CITY OF MCHENRY procedures require an evaluation of the consultant’s work at the end of each project. These reports are maintained in the CITY OF MCHENRY consultant information database. CITY OF MCHENRY follows IDOT’s requirements and the required submission of Form BLRS 05613 to the IDOT district at contract close-out, along with the final invoice. Z:\M\McHenryCityof\QBS 2021\redline QBS Policy-StateAndFederal o82621.docx 57 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. QUALIFICATIONS BASED SELECTION (QBS) PROCUREMENT POLICY – LOCALLY FUNDED PROJECTS CITY OF MCHENRY OCTOBER 4, 2021 The City of McHenry is in need of professional design, engineering, planning and surveying services for various construction projects. The selected design will influence the entire course of the project, economy, feasibility, function, efficiency, construction costs, operating costs and maintenance costs during the life of the improvement. Therefore, it is very important that the public officials select the most qualified professional design firm. A Qualifications Based Selection (QBS) is a procedure that faci litates the selection of professional design firms. The selection is based on qualifications and competence in relation to the scope and needs of a particular project. LOCALY FUNDED DESIGN SERVICES The CITY OF MCHENRY has an ongoing need for various engineering design, planning, and construction services. In order to contract with qualified consultants, promote competition and obtain design services at a fair and reasonable cost, the CITY OF MCHENRY will implement the following QBS process as an exercise of our home-rule authority. The intent of this process is to develop a pool of pre-qualified consultants with various areas of expertise, the CITY OF MCHENRY may contract with to perform various design tasks and develop a satisfactory working relationship. The QBS process to obtain the pool of consultants should be performed every four (4) years. 1. Define Scope of Services – The CITY OF MCHENRY staff will define the anticipated scope of services that may be needed. The scope of services will be general municipal services since there is no defined project. 2. Public Notice – The CITY OF MCHENRY will advertise for the QBS process on the City website and solicit Statement of Qualifications (SOQ) from interested firms. An advertisement in the local newspaper will be performed at the discretion of the Public Works Director. 3. Evaluation – The CITY OF MCHENRY will establish a committee with a minimum of three (3) staff members including and selected by the Public Works Director. The committee will establish criteria for the evaluation, independently evaluate each SOQ, and then meet collectively to review and refine the ranking. A minimum of four (4) firms will be 58 selected for the pool of selected firms that the CITY OF MCHENRY will contract with over the term of the pre-qualification. 4. Selection – The selected firms will be presented to City Council for approval by resolution. All of the firms approved by City Council will become part of the City’s list of pre-qualified engineering firms. 5. Negotiation of Contract and Project Specific Tasks – The selected firms will submit a rate sheet for their firm’s staff with their title and hourly billing rate. The Public Works Director will review to determine if the rates are acceptable and customary. An annual increase in hourly rates from year-to-year will also be defined. The selected firms and the CITY OF MCHENRY will then enter into the City’s standard professional Services Contract. After the pre-qualified firms and the CITY OF MCHENRY have entered into the professional services contract, C ity staff will select the most appropriate firm to provide design or consulting services under the terms of the contract. For project specific tasks over $25,000, a defined scope of work and fee (either lump sum or time and material) will be developed by the firm, reviewed by the Public Works Director and approved by City Council. 6. Miscellaneous Services from Non Pre-Qualified Firms – In addition to the design services from pre-qualified firms, the CITY OF MCHENRY will need additional smaller services from other qualified firms with contract values under $25,000. For these tasks the selection will be based on the qualification of the firm and not the cost. The services include, but are not limited to, surveying, materials testing, environmental studies, and wetland consulting. For these tasks, the Public Works Director will obtain a proposal from a qualified firm and a purchase order will be issued with the approval of the Public Works Director and City Administrator (if less than $25,000). The CITY OF MCHENRY shall also have the ability to contract with a firm outside of the pre-qualified pool of firms with the recommendation of the Public Works Director and the approval of the City Council by resolution. 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Department of Public Works Troy Strange, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: October 4, 2021 TO: Mayor and City Council FROM: Troy Strange, Director of Public Works RE: 2022 Surface Transportation Program Project Locations ATT: Attachment A, EOPC for Recommended Program Candidates Attachment B, STP Eligible Route Scoring Projections Project Location Maps AGENDA ITEM SUMMARY: Staff requests the City Council to accept Staff’s recommendation for project candidates for application submittal to the 2022 McHenry County Council of Mayors Surface Transportation Program in the call for projects. BACKGROUND: The Surface Transportation Program (STP) is a source of federal funding by which local agencies including municipalities are able to fund maintenance and improvements of municipally maintained federal aid routes. The McHenry County Council of Mayors and Illinois Department of Transportation act as the liaison to local agencies with regard to the distribution of federal funding on local federal aid routes. In years past, STP projects have included the Crystal Lake Road Project, Bull Valley Road, and Curran Road Intersection Improvements. The program has also included the Pearl Street and Lincoln Road Improvements , which were completed in 2019. The STP projects selected in previous years were larger, non-resurfacing projects, which required significant local matches, more complex engineering work, and longer project development schedules. Because of the City’s dire need for resurfacing and maintenance of existing City streets, staff changed their approach for the STP program and began to focus on “resurfacing- only” projects which were more cost efficient. In the 2020 STP call for projects, two City of McHenry projects were selected for funding and are currently programmed to be completed within the next few years. Green Street is scheduled to be resurfaced in 2023 and Bull Valley Road is scheduled to be resurfaced in 2024. 97 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. Staff has prepared a spreadsheet of all STP eligible streets and developed an STP project candidate scoring projection to determine the best candidates for the 2022 call for projects. As there is currently no need for the construction of new alignments, intersection improvements, or channelization improvements staff are again focusing on “resurfacing-only” projects. ANALYSIS: Based upon staff prepared scoring projections, the following two projects scored the highest, are most financially feasible, and can be completed on an acceptable schedule. The following locations will be submitted for application to the 2022 McHenry County Council of Mayors Surface Transportation Program in the call for projects pending City Council approval: • Barreville Road (McHenry Corporate Limit to Charles J. Miller Road) • Riverside Drive (Pearl Street to McHenry Corporate Limit) Preliminary Engineer’s Estimate of Costs have been prepared for each projection location and have been provided for Council’s information. RECOMMENDATION: Therefore, if City Council concurs, it is recommended to allow staff to submit the identified Surface Transportation Program candidates for application to the 2022 McHenry County Council of Mayors Surface Transportation Program call for projects. 98 SCHEDULE I ‐ BARREVILLE ROAD (CONSTRUCTION ONLY) ‐ 7,400 LF (centerline) ‐ 24'E‐E No. Item Quantity Unit Unit Price Extension 1 HMA BC IL 19.0, N50 ‐ 2.25"2879 TON 75.00$ 215,951.48$ 2 HMA SC IL 9.5, N50 ‐ 1.5"1894 TON 80.00$ 151,536.00$ 3 HMA Surf Removal ‐ 3.5"22550 SY 4.00$ 90,200.00$ 4 Aggregate Wedge Shoulder, Type B ‐ 4"1316 TON 20.00$ 26,311.08$ 5 Comb Curb & Gutter Removal 160 LF 10.00$ 1,600.00$ 6 Comb. Curb & Gutter Type M3.12 160 LF 30.00$ 4,800.00$ 7 Class D Patch ‐ 4"1127 SY 50.00$ 56,350.00$ 8 Bit Driveway Removal and Replacement ‐ 3"50 SY 90.00$ 4,500.00$ 9 Thpl Pvt Marking ‐ 24" Line 200 LF 6.00$ 1,200.00$ 10 Thpl Pvt Marking ‐ 4" Double Yellow 7400 LF 2.00$ 14,800.00$ 11 Thpl Pvt Marking ‐ 4" Lane Line White 14800 LF 1.00$ 14,800.00$ 12 Signs 10 EA 500.00$ 5,000.00$ 13 Trees ‐ 2.5" Caliper 148 EA 500.00$ 74,000.00$ 14 PCC Sidewalk Removal & Replacement ‐ ADA Ramps only 800 SF 10.00$ 8,000.00$ 15 Detectable Warnings 32 SF 30.00$ 960.00$ 16 Traffic Control 1 LUMP SUM 20,000.00$ 20,000.00$ 17 Mobilization 1 LUMP SUM 20,000.00$ 20,000.00$ SUBTOTAL SCHEDULE I ‐ BARREVILLE ROAD (CONSTRUCTION ONLY)710,008.57$ Phase I Engineering, Surveying and Permitting @ 2%14,200.17$ Phase II Design Engineering and Permitting @ 10%71,000.86$ Phase III Construction Engineering and Testing @ 10%71,000.86$ SUBTOTAL SCHEDULE I ‐ BARREVILLE ROAD (ENGINEERING ONLY)156,201.89$ SUBTOTAL SCHEDULE I ‐ BARREVILLE ROAD (CONTINGENCY)10%71,000.86$ TOTAL COST SCHEDULE I ‐ BARREVILLE ROAD 937,211.31$ CITY PARTICIPATION (100% PHASE I AND II + 20% OF PHASE III ENG AND CONSTRUCTION)255,603.08$ FEDERAL PARTICIPATION (80% OF PHASE III ENG AND CONSTRUCTION)681,608.23$ Notes: 1)Project costs are in current year dollars. Contingency or cost escallation should be added to reflect projected construction year. 2) EOPC based on engineer's experience and research of other similar projects. Due to circumstances beyond staff's control such as the bidding environment, labor rates, material costs and contractor interest, the projected costs in this EOPC are not a guarantee or warantee. 3) Project limits from 700' south of Bull Valley Road to City Limits ENGINEER'S OPINION OF PROBABLE COST (EOPC) BARREVILLE ROAD 9/13/2021 STP FUNDED IMPROVEMENT Attachment A: 99 SCHEDULE I ‐ RIVERSIDE DRIVE (CONSTRUCTION ONLY) ‐ 4,000 LF (centerline) ‐ 24'E‐E No. Item Quantity Unit Unit Price Extension 1 HMA BC IL 19.0, N50 ‐ 2.25"1610 TON 75.00$ 120,771.09$ 2 HMA SC IL 9.5, N50 ‐ 1.5"1059 TON 80.00$ 84,746.67$ 3 HMA Surf Removal ‐ 3.5"12611 SY 4.00$ 50,444.44$ 4 Aggregate Wedge Shoulder, Type B ‐ 4"391 TON 20.00$ 7,822.22$ 5 Comb Curb & Gutter Removal 720 LF 10.00$ 7,200.00$ 6 Comb. Curb & Gutter Type M6.12 720 LF 30.00$ 21,600.00$ 7 Class D Patch ‐ 4"631 SY 50.00$ 31,527.78$ 8 Thpl Pvt Marking ‐ 24" Line 75 LF 6.00$ 450.00$ 9 Thpl Pvt Marking ‐ 4" Double Yellow 4000 LF 2.00$ 8,000.00$ 10 Thpl Pvt Marking ‐ 4" Lane Line White 4400 LF 1.00$ 4,400.00$ 11 Thpl Pvt Marking Letters and Symbols 40 SF 10.00$ 400.00$ 12 Signs 40 EA 500.00$ 20,000.00$ 13 Trees ‐ 2.5" Caliper 80 EA 500.00$ 40,000.00$ 14 PCC Sidewalk Removal & Replacement ‐ ADA Ramps only 2800 SF 10.00$ 28,000.00$ 15 Detectable Warnings 72 SF 30.00$ 2,160.00$ 16 Traffic Control 1 LUMP SUM 12,500.00$ 12,500.00$ 17 Mobilization 1 LUMP SUM 12,500.00$ 12,500.00$ SUBTOTAL SCHEDULE I ‐ RIVERSIDE DRIVE (CONSTRUCTION ONLY)452,522.20$ Phase I Engineering, Surveying and Permitting @ 2%9,050.44$ Phase II Design Engineering and Permitting @ 10%45,252.22$ Phase III Construction Engineering and Testing @ 10%45,252.22$ SUBTOTAL SCHEDULE I ‐ RIVERSIDE DRIVE (ENGINEERING ONLY)99,554.88$ SUBTOTAL SCHEDULE I ‐ RIVERSIDE DRIVE (CONTINGENCY)10%45,252.22$ TOTAL COST SCHEDULE I ‐ RIVERSIDE DRIVE 597,329.31$ CITY PARTICIPATION (100% PHASE I AND II + 20% OF PHASE III ENG AND CONSTRUCTION)162,907.99$ FEDERAL PARTICIPATION (80% OF PHASE III ENG AND CONSTRUCTION)434,421.32$ Notes: 1)Project costs are in current year dollars. Contingency or cost escallation should be added to reflect projected construction year. 2) EOPC based on engineer's experience and research of other similar projects. Due to circumstances beyond our control such and the bidding environment, labor rates, material costs and contractor interest, the projected costs in this EOPC are not a guarantee or warantee. 3)Project limits account for 1700' approximate township gap. 4) No bicycle accomodations. Add Street Trees. ENGINEER'S OPINION OF PROBABLE COST (EOPC) RIVERSIDE DRIVE 9/13/2021 STP FUNDED IMPROVEMENT Attachment A: 100 ATTACHMENT BSTP FUNDINGPRELIMINARY SCORING ‐ CMAP PCI9/13/20212456FAUFrom To Functional Class PCI PtsPts ReadinessADT Pts Pts SafetyPts Bicycle AccomodationsPts Com Cohort Complete StreetsGreen InfractructurePts TotalCommentsMcCullom Lake RdIL‐31Ringwood Major Collector 100 0 3 4,600 4.6 00000 7.6Recently Re‐surfacedRingwood RoadMcCullom Lk Rd Il‐120Minor Arterial99 0 3 7,900 7.9 00000 10.9Recently Re‐surfacedMartin RdIL‐120Ringwood Minor Collector41 25 3 1,700 1.7 00000 29.7Shore Drive/Meadow LnRingwoodIL‐120Minor Collector42 25 3 1,400 1.4 00000 29.4Shore Dr ONLY ‐ Meadow recently re‐surfacedOak Dr/Industrial Dr/Orleans St IL‐120McCullom Rd Major Collector75 0 3 4,500 4.5 00000 7.5Recently Re‐surfaced. Oak in bad shape. Orleans is GOOD.Front St/Millstream/MapleIL‐120IL‐31Major Collector45 25 3 2,250 2.3 00000 30.3N Riverside DrIL‐120Johnsburg Rd Major Collector60 17 3 4,650 4.7 000010 34.7Street Trees. Possible 6 points for partnership with twshpPearl StIL‐31River RdMajor Collector 100 0 3 4,800 4.8 000007.8Pearl/LincolnIL‐120Chapel Hill Rd Minor Arterial100 0 3 5,500 5.5 00000 8.5Recently Re‐surfacedN CurranIL‐120Bull Valley Rd Major Collector 100 0 3 5,950 6.0 00000 9.0W Dartmoor RdCurran RdW Crystal Lake Rd Major Collector31 25 3 2,350 2.4 060010 46.4From Bridge to Cry Lk Ave 3,352 LF. Add shared bike lane, signs. Add 50‐100 street trees.Front Royal DrIL‐120W Crystal Lake Rd Minor Collector67 0 3 1,150 1.2 00000 4.2Recently Re‐surfacedMain StW Crystal Lake Rd IL‐31Major Collector65 17 3 2,000 2.0 000010 32.0IL‐31 to Cry Lk Ave ONLY. 1,232 LF. Add planter boxes for green infrastructureW John StIL‐31N Green St Major Collector59 17 3 1,350 1.4 00000 21.4W Kane AveIL‐31N Green St Minor Collector100 0 3 950 1.0 00000 4.02022 Resurface programN Lillian StW Crystal Lake Rd IL‐31Major Collector68 0 3 3,200 3.2 00000 6.2Just Resurfaced 2012. No need to re‐surfaceN Green StIL‐120Charles Miller Rd Major Collector 100 0 3 5,250 5.3 060010 24.38800 LF. Add Sharrows. 8,200 LF to be paved. Barreville Rd ‐ Resurfacing Scoring Charles Miller IL‐176Major Collector50 25 3 1,200 1.2 000010 39.2Add Prairie plants to ditches, street trees, agg wedge shoulder and 12' lanes. 8,200lf in CityBarreville Rd‐Roadway/IntersectionCharles Miller IL‐176Major Collector50 9 4 1,200 1.2 000010 24.2Above + add left Turn Lane into Veterans ParkwayRidgeview Dr/Prime PkwyBull Valley Rd IL‐31Major Collector99 0 3 6,150 6.2 00000 9.2Recently Re‐surfacedVeterans PkwyIL‐31Barreville Minor Collector72 0 3 1,850 1.9 00000 4.9W Crystal Lake AveIL‐120IL‐176Major Collector90 0 3 14,000 14.0 00000 17.0Recently Re‐surfacedBull Valley RdCrystal Lake Ave DraperMajor Collector 100 0 3 10,000 10.0 000010 23.0 7,400 LF. 2,800Lf Needs to be resurfacedNotes:Barreville will be an intersection/roadway improvement if turn lanes are part of project137101 2 mi N➤➤N © 2018 Google © 2018 Google © 2018 Google 102 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation CONSENT AGENDA SUPPLEMENT DATE: October 3, 2021 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: Full Moon Harvest Fest AGENDA ITEM SUMMARY: The organizers of the Pearl Street Market have been working with the City of McHenry to coordinate a “Full Moon Harvest Festival” family event at Miller Point Park. They are requesting use of the space and city assistance for minor set up items to host the event on October 23, 2021 from 3pm – 8pm. The event would include music, food, alcohol, artisans/crafters and trunk or treat style event. BACKGROUND: The inaugural “Full Moon Harvest Festival” event would be similar to the recently hosted “Light the Night” event. The event would be hosted in the late afternoon into the early evening culminating with the city lighting the fire globes as we normally would on a Saturday evening. The event would include approximately 16 artisans/crafters that would be set-up in the parking lot. Three to Four food vendors would also be in the parking lot. Organizers would partner with All Marine Retro Rentals who currently holds a liquor license for this site. They would have beer and wine available for purchase and are also request participants be able to navigate the park with their drinks as opposed to being restricted to one area. In another part of the parking lot would be the designated kid’s area with face painting and a trunk or treat style event where kids would be encouraged to dress up in costumes and visit the stations. There will be two music acts for the event. All events are will be completed by 7pm and the anticipated attendance for the event is 1,000 people. 103 ANALYSIS: This proposed event is a low intensity event, yet one that takes advantage of the new space and continues to draw visitors downtown and notoriety to the city’s presence on the Fox River. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be considered to approve: 1) Parks Special use permit to allow multiple tents at 1202 Riverside Drive (Miller Point Park) with live music on Saturday 10/23 from 3pm to 7pm and 2) to allow alcohol in the park aside from the designated areas adjacent to All Marine Retro Rentals at Miller Point Park on Saturday 10/23 from 3pm – 8pm. 104 105 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation CONSENT AGENDA SUPPLEMENT DATE: October 3, 2021 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: Park Development in Legend Lakes ATT: Legend Lakes Galway Park Site Plan Cunningham Playground and Installation Quotes Gametime Grant Award Certificate AGENDA ITEM SUMMARY: Included in the FY 2021/22 budget is $100,000 for the development of a park in Legend Lakes subdivision between the streets of Galway and Killala. The city received a quote to complete the playground installation from Cunningham Recreation in the amount of $102,601.54. In addition, there will be some site work that will have to be completed to level the 1 acre parcel totaling $6,500. BACKGROUND: The Legend Lakes subdivision was initially developed by Kimball Hill homes. There were a number of neighborhoods to the subdivision and a total of three parks; the main Shamrock Farms Park, the Homestead Tot Lot and the Galway Tot Lot. The first two parks were developed as the homes were completed adjacent to the parcels. Shortly after the development of the neighborhoods with the parks, the home market collapsed and all building came to a halt. During that time Kimball Hill went bankrupt and the last neighborhoods in the subdivision were put on permanent hold. As part of the bankruptcy settlement $50,000 was set aside for the development of the park in the last neighborhood. As council is aware Lennar acquired the all the remaining lots in Legend Lakes and is in the process of wrapping up construction completing the neighborhoods in the subdivision. The city has been planning for this park to be developed and placed an additional $50,000 Parks Developer Donation money in the Capital budget to complete the park, which at this point would consist of a playground and site leveling for open space. A site plan of the park is included. Staff solicited a number of quotes and various site layout options before selecting a final layout from Cunningham Recreation. In addition, a playground grant was applied for and subsequently awarded to the city this September totaling over $42,000. The grant award is also attached. 106 ANALYSIS: With the homes in place, getting the park built is a priority. It is a lower impact neighborhood tot lot and so there are not a great deal of elements, simply a playground and open space. The quote is slightly over the budgeted amount however the Parks Developer Donation can absorb the overage for the installation of the new park. Staff is also working with Lennar on a possible donation of time and materials on a portion of the completion of the park. At this time, the builder had not made a final determination on what that donation would be. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be considered to approve a quote from Cunningham Recreation in the amount of $102,601.54 for the installation of a neighborhood park in the Legend Lakes subdivision between Galway and Killala. 107 108 109 City of McHenry Attn: Pat Gorniak 105 S. Green Street McHenry, IL 60050 Phone: 815-363-2282 Fax:815-578-4236 pgorniak@ci.mchenry.il.us Ship to Zip 60050 Quantity Part # Description Unit Price Amount 1 INSTALL MISC - Installation of New Installation - *Includes prevailing wages $24,465.00 $24,465.00 1 INSTALL MISC - Supply and Installation of 261 LF of Concrete Curbing- *Includes prevailing wages $13,500.00 $13,500.00 1 INSTALL MISC - Excavation of site, spoils can be left onsite (total footprint inside borders is 3,676 sq. ft.)- *Includes prevailing wages $3,006.00 $3,006.00 Contract: OMNIA Sub Total $40,971.00 Total $40,971.00 Comments *Site must be clear, level, free of obstructions, and accessible. Site should permit installation equipment access. Purchaser shall be responsible for unknown conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional costs *Taxes, if applicable, will be applied at the time of invoice. Please provide a copy of your tax exempt certificate to avoid the addition of taxes. *Customer responsible for safety surfacing (or priced upon request). *Installation pricing for quote #157080-01-03 GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/14/2021 Quote #157080-01-04 Galway Park- Installation- Revised Page 1 of 3 110 GAMETIME - TERMS & CONDITIONS: PRICING: Due to volitile economic demand, pricing is valid for 30 days. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. TERMS OF SALE: For equipment & material purchases, Net 30 days from date of invoice for governmental agencies and those with approved credit. All others, full payment for equipment, taxes and freight up front. Balance for services & materials due upon completion or as otherwise negotiated upon credit application review. Pre-payment may be required for equipment orders totaling less than $5,000. Payment by VISA, MasterCard, or AMEX is accepted. Checks should be made payable to Playcore Wisconsin, Inc. d/b/a GameTime unless otherwise directed. CREDIT APPLICATION: Required for all non-governmental agencies and those entities who have not purchased from GameTime within the previous twelve calendar months. FINANCE CHARGE: A 1.5% monthly finance charge (or maximum permitted by law) will be added to all invoices over 30 days past due. CASH WITH ORDER DISCOUNT: Orders for GameTime equipment paid in full at time of order via check or electronic funds transfer (EFT) are eligible for a 3% cash-with-order (CWO) discount. ORDERS: All orders shall be in writing by purchase order, signed quotation or similar documentation. Purchase orders must be made out to Playcore Wisconsin, Inc. d/b/a GameTime. FREIGHT CHARGES: Shipments shall be F.O.B. destination. Freight charges prepaid and added separately. SHIPMENT: Standard Lead time is 12-14 weeks (some items may take longer) after receipt and acceptance of purchase order, credit application, color selections and approved drawings or submittals. PACKAGING: All goods shall be packaged in accordance with acceptable commercial practices and marked to preclude confusion during unloading and handling. RECEIPT OF GOODS: Customer shall coordinate, receive, unload, inspect and provide written acceptance of shipment. Any damage to packaging or equipment must be noted when signing delivery ticket. If damages are noted, receiver must submit a claim to Cunningham Recreation within 15 Days. Receiver is also responsible for taking inventory of the shipment and reporting any concealed damage or discrepancy in quantities received within 60 days of receipt. RETURNS: Returns are only available on shipments delivered within the last 60 days. A 25% (min.) restocking fee will be deducted from any credit due. Customer is responsible for all packaging & shipping charges. Credit is based on condition of items upon return. All returns must be in unused and merchantable condition. GameTime reserves the right to deduct costs associated with restoring returned goods to merchantable condition. Uprights & custom products cannot be returned. TAXES: Sales tax is shown as a separate line item when included. A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. INSTALLATION CONDITIONS: ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost. UTILITIES: Installer will contact Miss Utility to locate all public utilities prior to layout and excavation of any footer holes. Owner is responsible for locating any private utilities. ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change. GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/14/2021 Quote #157080-01-04 Galway Park- Installation- Revised Page 2 of 3 111 ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed): _________________________________ Title: ________________________________ Telephone: __________________________________________ Fax: ________________________________ P.O. Number:_________________________________________ Date: _______________________________ Purchase Amount: $40,971.00 SALES TAX EXEMPTION CERTIFICATE #:___________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE) _______________________________________________ ____________________________________________ Salesperson's Signature Customer Signature BILLING INFORMATION: Bill to: ______________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ SHIPPING INFORMATION: Ship to: _____________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/14/2021 Quote #157080-01-04 Galway Park- Installation- Revised Page 3 of 3 112 City of McHenry Attn: Pat Gorniak 105 S. Green Street McHenry, IL 60050 Phone: 815-363-2282 Fax:815-578-4236 pgorniak@ci.mchenry.il.us Ship to Zip 60050 Quantity Part # Description Unit Price Amount 1 RDU GameTime - Powerscape Modular 5-12 Unit [Accent:__________] [Deck:Pvc:__________] [Basic:__________] [Metal Roof:__________] [Accent 2:__________] [Deck:Pvc:__________] [Roto Plastic:__________] [Basic:__________] [HDPE:__________] [2 Color HDPE:__________] [Accent:__________] [Metal Roof:__________] [Roto Plastic:__________] [Tube:__________] [Arch:__________] $84,881.00 $84,881.00 (1) 4841 -- Maze Wheel Ass'Y (1) 4842 -- Echo Chamber Ass'Y (1) 4843 -- Flat Mirror Ass'Y (1) 4844 -- Bubble Mirror Ass'Y (1) 4847 -- Hypno Wheel Ass'Y (1) 8666 -- 90 Deg Caterpillar F/S (1) 80000 -- 49" Sq Punched Steel Deck (1) 80078 -- 6"Stepped Platform (6) 80167 -- Roof Ext 24" W/Rivet (1) 80203 -- Tin Roof Gable (1) 80206 -- Tin Roof Hex (1) 80687 -- Handhold/Kick Plate Pkg (1) 80688 -- 2' Tri Transfer Platform (1) 80930 -- Gizmo Panel - 5 Gizmos (1) 80988 -- Train Half Panel (1) 81657 -- 2-Level Chin Bar (1) 81665 -- Seat And Table For Two (1) 81670 -- Crunch Bar (1) 81686 -- Locomotive (1) 81694 -- Panel Attachment Package GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/14/2021 Quote #157080-01-03 Galway Park- Revised- GameTime Grant- CWO Page 1 of 5 113 Quantity Part # Description Unit Price Amount (1) 81695 -- Train Whistle (1) 90004 -- Two Piece Hex Deck (1) 90022 -- 2'-6" Transfer System W/ Barrier (1) 90023 -- 3'-0" Transfer System W/ Barrier (2) 90266 -- 8' Upright, Alum (12) 90272 -- 14' Upright, Alum (2) 90273 -- 15' Upright, Alum (1) 90306 -- Climber Archway W/Socket & Barrier (2) 90465 -- Train Cabin Panel (1) 90503 -- 2'-6"/3' Single Wave Zip Slide (1) 90505 -- 5' Single Zip Slide (1) 90563 -- Sq Deck Internal Climb(8'-0") (1) 90578 -- Swerve Slide (1) 90636 -- Stego Climber (8'-0") (1) 90639 -- Spiral Climber (5'-0" & 5'-6") (2) 90704 -- Left Curve Section Wilderslide Ii (1) 90709 -- Support Wilderslide Ii (1) 90762 -- Long Exit ( Use On 7' & 8' Slides) (1) 90779 -- Over N Under (1) 90840 -- Xcelerator (1) 91088 -- Encl W/ Thunderring (3D) Above Deck (1) 91209 -- Climber Entryway - Barrier (2) G90266 -- 8' Upright, Galv (2) G90269 -- 11' Upright, Galv 1 RDU GameTime - Swings (2 Bays) [Basic:__________] $4,480.00 $4,480.00 (2) 8914 -- Encl Tot Seat 5"Od(8914) (2) 8918 -- Belt Seat Pkg 5"Od(8918) (1) 10847 -- Ada Two-Place Swing F/S, 5" Od (1) 10848 -- Ada Two-Place Swing Add-A-Bay, 5" Od 1 178749 GameTime - Owner's Kit $60.00 $60.00 GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/14/2021 Quote #157080-01-03 Galway Park- Revised- GameTime Grant- CWO Page 2 of 5 114 Quantity Part # Description Unit Price Amount 1 2021 GT Grant MISC - Grant Rules and Limitations:- To qualify for up to 100% matching grant, list price of the qualifying playground system must exceed $75,000, and payment in full must accompany your order. For play systems with a list price of less than $75,000 and greater than $15,000 with payment in full, GameTime playground grants are available with matching funds up to 75%. For play systems that exceed $15,000, and purchased with credit terms, matching funds are available up to 60%. Matching funds are subject to rounding rules and may vary based on qualified purchase. No other offer, discount, or special programs can be used with this grant program. This special matching fund offer applies to PowerScape, PrimeTime, Xscape, and IONiX systems only. THRIVE (up to $7,000), GTfit (up to $7,000), Challenge Course (up to $25,000), and KidCourse (up to $25,000) are also eligible for funding from GameTime. Modern City adventure climbing systems are eligible for up $20,000 in funding. All applications must be validated by the project administrator. GameTime reserves the right to decline any application for a GameTime grant. Orders accepted by GameTime must ship by December 31, 2021. GameTime will accept grant orders until November 2, 2021, or until all eligible funds are disbursed, whichever comes first. GameTime reserves the right to terminate this offer at any time without notice. GameTime playground grants can only be applied to additional GameTime purchases and only in conjunction with the original purchase. Standard policies and warranties as listed in the 2021 GameTime Playground Design Guide apply. Freight and applicable sales tax are extra and not included. Material surcharges apply. Contract: OMNIA Sub Total $89,421.00 Discount ($42,766.02) Material Surcharge $12,492.82 Freight $2,491.74 Total $61,639.54 Comments *MATERIALS ONLY: Quotation does not include any site work, off-loading, storage, safety surfacing, or installation. *Taxes, if applicable, will be applied at the time of invoice. Please provide a copy of your tax exempt certificate to avoid the addition of taxes. *Current lead times are 12-14 weeks for standard equipment *Cash with Order (CWO) discount requires payment (in full), via check or money order, at the time of order. GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/14/2021 Quote #157080-01-03 Galway Park- Revised- GameTime Grant- CWO Page 3 of 5 115 GAMETIME - TERMS & CONDITIONS: PRICING: Due to volitile economic demand, pricing is valid for 30 days. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. TERMS OF SALE: For equipment & material purchases, Net 30 days from date of invoice for governmental agencies and those with approved credit. All others, full payment for equipment, taxes and freight up front. Balance for services & materials due upon completion or as otherwise negotiated upon credit application review. Pre-payment may be required for equipment orders totaling less than $5,000. Payment by VISA, MasterCard, or AMEX is accepted. Checks should be made payable to Playcore Wisconsin, Inc. d/b/a GameTime unless otherwise directed. CREDIT APPLICATION: Required for all non-governmental agencies and those entities who have not purchased from GameTime within the previous twelve calendar months. FINANCE CHARGE: A 1.5% monthly finance charge (or maximum permitted by law) will be added to all invoices over 30 days past due. CASH WITH ORDER DISCOUNT: Orders for GameTime equipment paid in full at time of order via check or electronic funds transfer (EFT) are eligible for a 3% cash-with-order (CWO) discount. ORDERS: All orders shall be in writing by purchase order, signed quotation or similar documentation. Purchase orders must be made out to Playcore Wisconsin, Inc. d/b/a GameTime. FREIGHT CHARGES: Shipments shall be F.O.B. destination. Freight charges prepaid and added separately. SHIPMENT: Standard Lead time is 12-14 weeks (some items may take longer) after receipt and acceptance of purchase order, credit application, color selections and approved drawings or submittals. PACKAGING: All goods shall be packaged in accordance with acceptable commercial practices and marked to preclude confusion during unloading and handling. RECEIPT OF GOODS: Customer shall coordinate, receive, unload, inspect and provide written acceptance of shipment. Any damage to packaging or equipment must be noted when signing delivery ticket. If damages are noted, receiver must submit a claim to Cunningham Recreation within 15 Days. Receiver is also responsible for taking inventory of the shipment and reporting any concealed damage or discrepancy in quantities received within 60 days of receipt. RETURNS: Returns are only available on shipments delivered within the last 60 days. A 25% (min.) restocking fee will be deducted from any credit due. Customer is responsible for all packaging & shipping charges. Credit is based on condition of items upon return. All returns must be in unused and merchantable condition. GameTime reserves the right to deduct costs associated with restoring returned goods to merchantable condition. Uprights & custom products cannot be returned. TAXES: Sales tax is shown as a separate line item when included. A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. SUPPLY ONLY: All items are quoted supply only. Installation services are not included. Customer is responsible for coordinating delivery, receipt, unloading, and inventory equipment. Missing or damaged equipment must be reported within 60 days of delivery. GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/14/2021 Quote #157080-01-03 Galway Park- Revised- GameTime Grant- CWO Page 4 of 5 116 ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By (printed): _________________________________ Title: ________________________________ Telephone: __________________________________________ Fax: ________________________________ P.O. Number:_________________________________________ Date: _______________________________ Purchase Amount: $61,639.54 SALES TAX EXEMPTION CERTIFICATE #:___________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE) _______________________________________________ ____________________________________________ Salesperson's Signature Customer Signature BILLING INFORMATION: Bill to: ______________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ SHIPPING INFORMATION: Ship to: _____________________________________________________ Contact: ____________________________________________________ Address: ____________________________________________________ Address: ____________________________________________________ City, State: __________________________________ Zip: _____________ Tel: __________________________ Fax: __________________________ E-mail: ______________________________________________________ GameTime c/o Cunningham Recreation PO Box 240981 Charlotte, NC 28224 800.438.2780 704.525.7356 FAX 09/14/2021 Quote #157080-01-03 Galway Park- Revised- GameTime Grant- CWO Page 5 of 5 117 This drawing can bescaled only when inan 11" x 17" formatDrawing Name:Date:Drawn By:Minimum Area Required:Scale:This playequipment isrecommendedfor children agesRepresentativeIMPORTANT: Soft resilient surfacingshould be placed in the use zones of allequipment, as specified for each type ofequipment, and at depths to meet thecritical fall heights as specified by the U.S.consumer Product Safety Commission,ASTM standard F 1487 and CanadianStandard CAN/CSA-Z-614150 PlayCore Drive SEFort Payne, AL 35967www.gametime.comC E R T I F I E D1 4 0 0 1CERTIFIEDGalway Park- Revised City of McHenry McHenry, ILCunningham RecreationSA9/13/21157080-01-025-12NTS118 $&35*'*$"5&0'(3"/5"8"3% 5IJTDFSUJGJDBUFFOUJUMFT BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB UPB(BNF5JNF$BSFT1MBZHSPVOE(SBOU'VOEJOH"XBSEPG BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 'VOETNVTUCFDMBJNFE BOEPSEFSTNVTUCFSFDFJWFEOPMBUFSUIBO/PWFNCFS BOENVTUBDDPNQBOZBTVBMJGZJOHQMBZTZTUFNQVSDIBTF"XBSENBZOPUCF DPNCJOFEXJUIBOZPUIFSPSEFSPSTQFDJBMPGGFS0UIFSUFSNTBOEDPOEJUJPOTBQQMZ $POUBDUZPVSMPDBM(BNF5JNFSFQSFTFOUBUJWFBUGPSDPNQMFUFEFUBJMT BCPVUUIJTHSBOUBXBSE BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 44QFODFS$IFBL 1SFTJEFOU (BNF5JNF BBBBBBBBBBBBBBB 4 4$IL BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB City of McHenry-Galway Park $42,766.00 119 City of McHenry Council Meeting Minutes 9.20.21 Minutes REGULAR CITY COUNCIL MEETING Monday, September 20, 2021, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 In light of the current COVID-19 public health emergency, this meeting will be held remotely only. The public can observe and participate by connecting online via Zoom at https://cityofmchenry.zoom.us/j/82968252059 Or by phone at 312-626-6799, Meeting ID 829 6825 2059 Call to Order: The meeting was held remotely via Zoom due to the COVID -19 pandemic. The meeting was in compliance with the Open Meetings Act per guidelines by the Illinois Attorney General’s Office. Roll Call: Mayor Jett called the roll call. Members present: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Dev elopment Martin, Chief of Police Birk, City Planner Sheriff, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge. Public Comments: Tom- resident of North Oaks Subdivision, made comments regarding the street and concerns about the older neighborhood of the subdivision. Asking for consideration of resurfacinig of Chestnut and Redwood where the old section and new section meet in the subdivision. Consent Agenda: Motion to Approve the following Consent Agenda Items: A. Resolution Designating October 1, 2021 as National Manufacturing Day in the City of McHenry; (Economic Development Director Martin) C. Waiving of the competitive bidding process and award of a contract purchase order in the amount of $49,000.00 to Robert H. Ward & Associates for sprayed concrete curb repairs; (Public Works Director Strange) D. Award of a contract to Insituform Technologies USA, LLC for the 2021 -2022 Sanitary Sewer Lining Program in an amount of $190,881.60; (Public Works Director Strange) E. The minutes of the Public Works Committee meeting from July 26, 2021; the Parks & Rec Committee meeting from December 17, 2018; the Finance & Personnel Committee meeting from August 23, 2021; and the Community Development Committee meeting 120 City of McHenry Council Meeting Minutes 9.20.21 2 from February 26, 2021; with the understanding that the majority of the Council members were not present at these meetings to verify the accuracy of the minutes; F. Parks & Recreation Facilities & Special U se permit requests; (Parks & Recreation Director Hobson) G. Ordinance Authorizing the Purchase of and Accepting the Real Estate Contract for 1209 Green Street, McHenry, Illinois, Between McHenry Savings Bank and the City of McHenry; H. August 30, 2021 City Council Meeting Minutes; I. Issuance of Checks in the amount of $714,770.03; J. Issuance of As Needed Checks in the amount of $367,372.15. A motion was made by Alderwoman Miller and seconded by Alderman Strach to approve Consent Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach , Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. B. Ordinance Fully Amending and Restating the City of McHenry’s Personnel Policy and Manual; (Human Resources Director Campanella) *Clerks Note- Consent Agenda Item 3B *pulled by Alderman Santi- Alderman Santi had some questions regarding this item regarding the last time an employee handbook was completed as an update, Ann Campanella stated it was 1996 was when the entire handbook was created but updates have been done along the way. Also, it was touched upon those adjustments have been made as questioned, the directors were involved along with copies sent for review and to Administrator Morefield. The question of publishing the handbook on The City website, for potential employees to review would be an option. There is some confidential information so probably not, other City websites were compared and they do not employee handbooks online either. A motion was made by Alderman Santi and seconded by Alderman Harding to approve Consent Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach , Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Individual Action Item Agenda: None Discussion Items. *Clerks note 5A is being pulled from the agenda this evening., A. Update with request for input and direction regarding extension of Riverwalk from Elm Street/Route 120 north to Webers Park. (Parks & Recreation Director Hobson) 121 City of McHenry Council Meeting Minutes 9.20.21 3 B. Conceptual Presentation for Cunat Apartments. (Community Development Director Polerecky) Presented by Director Polerecky, in summary there will be 35 acers developed for 540 apartments, the location of Illinois Route 31/Veterans Parkway. The Cunat’s want to develop the entire site, which are currently empty lots. Brian Cunat, thanked The Council for their time, approached the owner of the current property, the demand and need is strong. This is a higher end apartment complex, similar project within The City of Volvo. This complex will be built in two phases. Indoor pool, outdoor pool, clubhouse, and playground areas were some amenities that were mentioned. All standards for fire code will be met. Stronger demand for 1- or 2-bedroom complex. Looking for a new signal light at 31 and Veterans Parkway, also looking for sewer system and increase in lift station. Wanted to get feedback from The City Council regarding this, to also check into the infrastructure of The City of McHenry. Mayor Jett, asked The City Council on their input regarding this. On the north and east side up against housing developments, per Alderman Santi would there be fencing on those borders or trees etc. Correct as confirmed by Director Polerecky. Also asked was walking paths, as confirmed by Brian & John Cunat these will be connected by walking paths along with indoor and outdoor swimming pools and conference space as well. Alderman McClatchey stated he liked the location of the complex. Alderman Glab, asked some questions regarding the Volvo complex that contained 17 acres, located behind the Home Depot. Alderman Glab expressed his concerns regarding the water system and pumps, per Director Strange this would not have any concerns regarding thi s. Had further questions regarding the walkway and the widening of route 31. Alderman Harding has some questions regarding the traffic signal, per Director Polerecky stated that these are all under review if this discussion goes further. Alderman Devine was concerned about the apartment amount, that is his only concern, happy with the location. Per City Planner Sheriff, stated it was hard to compare the market absorption because it has been 20 years since an apt. development had been built in McHenry County. Alderman Santi thanked the Cunats for their time and liked the style of the apartments. Alderwoman Miller feels this is filling a need for 1 or 2 bedroom housing along with the location, also thanked them for their time. Alderman Strach, would follow the comments of Alderwoman Miller, conceptually looks good and the demand is also supported for here. Per Mayor Jett on to the next step and time to move forward with this. Alderman McClathcey stated this could be a win to drive new restaurants and retail etc. 122 City of McHenry Council Meeting Minutes 9.20.21 4 C. Water and Sewer Base Fees continued discussion and City Council direction. (Public Works Director Strange) Presented by Director Strange recapping the presentation from August, did more research with finances, thankful to Director Lynch for that. Based on the current collections and fees there are two options: sewer lining / power painting / capital maint. replacement/.50 option per billing cycle. Or water main option $8. Wanted to bring the ideas to The Council to see what should be adopted and moved forward with. Alderwoman Miller feels the second option would have her support. Alderman Glab questioned the water usage and who is paying for it, questioned the fees and stated that there are many that cannot afford it. Alderman Devine agrees with Alderwoman Miller and Alderman Strach as well. Alderman Harding is leaning towards the first option and many people struggling. Alderman McClatchy stated that is against raising the pricing, also thanked Director Lynch. Alderman Santi has favor option A but has received some concerns from constituents. This discussion went on for some time, also talk about compromise regarding the pricing scenarios to accommodate in between. Mayor Jett would like to be more transparent about the needs and getting the residents informed as to what is going on. The consensus was $4 for th e fee increase, also waiting to see what this could do in regard to Director Strange to bring back to council. Executive Session to discuss the purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired (5 ILCS 120/2(c)(5).) Staff Reports: A. September 20, 2021 Staff Report Provided. - Director Polerecky talked about the roller rink property and the developer contacted the property owners as well regarding a multi - family developer but there is not much regarding info on it. Mayor’s Report: Big week for Rise Up Foundation, two years in the making. About 3,500 Saturday about 7,500 people. There will be fireworks as well 11 pm at night. City Council Comments: Alderman Santi stated that they are eliminated obstetrics and would like to request a letter from council to not support this Administrator would like to get feedback from the staff to help draft a letter to the hospital or he can help with a letter for aldermen as well. Per Major Jett we could get a letter out for sure. Alderman Glab stated he had some issues with the school and the parking now, especially with a senior area that is being dumped into a subdivision. Would like to send a letter to the school regarding the bus lane and the traffic. Chief Birk is going to monitor the cars on Oakwood all week and is watching the videos from the neighbor that has watched the traffic. This was discussed in 2019 as well regarding this 123 City of McHenry Council Meeting Minutes 9.20.21 5 being a right only traffic situation. Alderman McClatchey stated there are some complaints regarding dumpsters. Alderman Polerecky has helped answer some questions for Alderman McClatchey to help resolve issues. Alderman Glab had a question regarding the base of a tree that had fell, new growth wanted to know if the tree is being dug up. Director Strange stated that he will get him an ETA on that. Adjourn: A motion was made Alderman Santi and seconded by Alderman McClatchey to adjourn the meeting at 9:15 PM. Roll Call: Vote:7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding-absent, Alderman Strach-absent, Alderman Devine, Alderwoman Miller. 0 -nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel 124 Expense Approval Register McHenry, IL List of Bills Council Meeting ‐ 10‐4‐21 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: 1‐800‐BOARDUP 1‐800‐BOARDUP 247714 10/04/2021 BOARD UP INVOICE 100‐01‐5110 1,028.99 Vendor 1‐800‐BOARDUP Total: 1,028.99 Vendor: AQUA PA AQUA PA MS‐3294699 10/04/2021 533 READS 7/20‐9/19/21 510‐32‐5110 159.90 Vendor AQUA PA Total: 159.90 Vendor: BAKER & SON CO, PETER BAKER & SON CO, PETER 35027 10/04/2021 SFC 100‐33‐6110 402.78 Vendor BAKER & SON CO, PETER Total: 402.78 Vendor: COMED COMED INV0012056 10/04/2021 UTIL 100‐33‐5520 83.04 COMED INV0012057 10/04/2021 UTIL 510‐32‐5510 2,362.22 Vendor COMED Total: 2,445.26 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN00465167 10/04/2021 FIRE DOOR SVS/REPAIR 225‐00‐5110 1,470.00 Vendor FOX VALLEY FIRE & SAFETY Total: 1,470.00 Vendor: HEARTLAND BUSINESS SYSTEMS, LLC HEARTLAND BUSINESS 467611‐H 10/04/2021 TRENDNET 620‐00‐8300 191.11 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total: 191.11 Vendor: HLR HLR 20211717 10/04/2021 BV PHASE I BIKE PATH 440‐00‐8900 11,080.00 HLR 20211726 10/04/2021 DARTMOOR DR RESURF PH II 270‐00‐8600 671.25 Vendor HLR Total: 11,751.25 Vendor: IPPFA IPPFA 3504 10/04/2021 MSHIP DUES JAN‐DEC 2022 760‐00‐5110 795.00 Vendor IPPFA Total: 795.00 Vendor: LPL FINANCIAL LPL FINANCIAL INV0012058 10/04/2021 ADV FEE 8/31/21 760‐00‐5110 22,997.07 Vendor LPL FINANCIAL Total: 22,997.07 Vendor: MCHENRY COUNTY COLLEGE MCHENRY COUNTY COLLEGE 001123616 10/04/2021 LGMC YOUTH PGM LUNCHES 100‐01‐5430 230.00 Vendor MCHENRY COUNTY COLLEGE Total: 230.00 Vendor: NICOR GAS NICOR GAS INV0012059 10/04/2021 UTIL 100‐01‐5110 394.08 NICOR GAS INV0012059 10/04/2021 UTIL 100‐42‐5510 1.38 NICOR GAS INV0012059 10/04/2021 UTIL 100‐45‐5510 99.72 NICOR GAS INV0012059 10/04/2021 UTIL 400‐00‐5510 293.77 NICOR GAS INV0012060 10/04/2021 UTIL 510‐31‐5510 294.36 NICOR GAS INV0012060 10/04/2021 UTIL 510‐32‐5510 135.29 Vendor NICOR GAS Total: 1,218.60 Vendor: O'BRIEN, MICHAEL O'BRIEN, MICHAEL INV0012061 10/04/2021 REFUND AMOUNT WH BY 100‐22‐3510 202.50 Vendor O'BRIEN, MICHAEL Total: 202.50 Vendor: POSTMASTER MCHENRY IL POSTMASTER MCHENRY IL 126 9‐20‐21 10/04/2021 FIRST CLASS PRESORT PERMIT 100‐04‐5310 265.00 POSTMASTER MCHENRY IL 48000 9‐20‐21 10/04/2021 BRM PERMIT 100‐41‐5310 265.00 Vendor POSTMASTER MCHENRY IL Total: 530.00 Vendor: PRECISION PAVEMENT MARKINGS, INC PRECISION PAVEMENT 4011 10/04/2021 THERMO 100‐33‐5110 28,195.27 Vendor PRECISION PAVEMENT MARKINGS, INC Total: 28,195.27 9/29/2021 11:54:04 AM 125 Expense Approval Register Packet: APPKT02204 ‐ 10‐4‐21 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: SEMROW JR, HARRY H SEMROW JR, HARRY H INV0012062 10/04/2021 AUG 2021 ADJ JUDGE 100‐03‐5110 86.25 SEMROW JR, HARRY H INV0012062 10/04/2021 AUG 2021 ADJ JUDGE 100‐22‐5110 776.25 Vendor SEMROW JR, HARRY H Total: 862.50 Vendor: SYNCB/AMAZON SYNCB/AMAZON 1231 9‐10‐21 10/04/2021 MTHLY PD 100‐22‐6210 496.44 SYNCB/AMAZON 1231 9‐10‐21 10/04/2021 MTHLY PD 100‐23‐6210 263.48 SYNCB/AMAZON 7880 9‐10‐21 10/04/2021 MTHLY 100‐03‐5120 133.33 SYNCB/AMAZON 7880 9‐10‐21 10/04/2021 MTHLY 100‐03‐6270 299.00 SYNCB/AMAZON 7880 9‐10‐21 10/04/2021 MTHLY 100‐06‐6210 96.09 SYNCB/AMAZON 7880 9‐10‐21 10/04/2021 MTHLY 100‐41‐6210 5.86 SYNCB/AMAZON 7880 9‐10‐21 10/04/2021 MTHLY 100‐46‐6110 220.25 SYNCB/AMAZON 7880 9‐10‐21 10/04/2021 MTHLY 100‐46‐6920 7.99 SYNCB/AMAZON 7880 9‐10‐21 10/04/2021 MTHLY 100‐47‐6110 291.59 SYNCB/AMAZON 7880 9‐10‐21 10/04/2021 MTHLY 400‐00‐6210 22.11 SYNCB/AMAZON 7880 9‐10‐21 10/04/2021 MTHLY 620‐00‐6210 135.99 SYNCB/AMAZON 7880 9‐10‐21 10/04/2021 MTHLY 620‐00‐6270 1,397.89 Vendor SYNCB/AMAZON Total: 3,370.02 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 453363871 10/04/2021 PW COOPIER 620‐00‐5110 336.21 Vendor US BANK EQUIPMENT FINANCE Total: 336.21 Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILL CO 8525 10/04/2021 SLUDGE 510‐32‐5580 5,415.20 Vendor WINNEBAGO LANDFILL CO Total: 5,415.20 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 150744 10/04/2021 MCHENRY TOWNE CENTER 100‐01‐5230 870.00 ZUKOWSKI ROGERS FLOOD & 151591 10/04/2021 CORP 100‐01‐5230 11,647.85 ZUKOWSKI ROGERS FLOOD & 151592 10/04/2021 TRAFFIC 100‐01‐5230 8,976.56 ZUKOWSKI ROGERS FLOOD & 151593 10/04/2021 COVID 100‐01‐5230 971.25 ZUKOWSKI ROGERS FLOOD & 151594 10/04/2021 CONTINENTAL 100‐01‐5230 2,102.50 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 24,568.16 Grand Total: 106,169.82 9/29/2021 11:54:04 AM 126 Expense Approval Register Packet: APPKT02204 ‐ 10‐4‐21 AP CKS Fund Summary Fund Expense Amount 100 ‐ GENERAL FUND 58,412.45 225 ‐ ALARM BOARD FUND 1,470.00 270 ‐ MOTOR FUEL TAX FUND 671.25 400 ‐ RECREATION CENTER FUND 315.88 440 ‐ CAPITAL IMPROVEMENTS FUND 11,080.00 510 ‐ WATER/SEWER FUND 8,366.97 620 ‐ INFORMATION TECHNOLOGY FUND 2,061.20 760 ‐ POLICE PENSION FUND 23,792.07 Grand Total: 106,169.82 127 Expense Approval Register McHenry, IL #2 List of Bills Council Meeting ‐ 10‐4‐21 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ACRES GROUP ACRES GROUP AEI_0144469 10/04/2021 Donation Tree Planting Labor 100‐33‐6950 986.00 Vendor ACRES GROUP Total: 986.00 Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, R A SO44012 10/04/2021 Service Truck Crane 510‐32‐5380 106.43 ADAMS ENTERPRISES INC, R A SO44356 10/04/2021 Vehicle Repairs 100‐45‐5370 50.94 Vendor ADAMS ENTERPRISES INC, R A Total: 157.37 Vendor: ADVANCED WEIGHING SYSTEMS INC ADVANCED WEIGHING 30316 10/04/2021 Re‐Cert scales 100‐22‐5110 100.00 Vendor ADVANCED WEIGHING SYSTEMS INC Total: 100.00 Vendor: AGSCO CORPORATION/ILLINOIS AGSCO IN61852 10/04/2021 Sandblast glass #61852 510‐35‐6110 512.00 Vendor AGSCO CORPORATION/ILLINOIS Total: 512.00 Vendor: AMERICAN LITHO AMERICAN LITHO 257401‐01 10/04/2021 Brochure ‐ Fall Printing 100‐41‐5330 2,953.00 Vendor AMERICAN LITHO Total: 2,953.00 Vendor: AQUALAB WATER TREATMENT, INC AQUALAB WATER TREATMENT, 6937 10/04/2021 Water Treatment 100‐03‐5120 100.00 Vendor AQUALAB WATER TREATMENT, INC Total: 100.00 Vendor: AT&T AT&T 9184 9‐19‐21 10/04/2021 AT&T Network on Demand 620‐00‐5110 1,498.28 AT&T 9184 9‐19‐21 10/04/2021 AT&T Monthly Phone Invoice 620‐00‐5320 1,139.25 AT&T 9615 9‐19‐21 10/04/2021 AT&T Fiber Internet 100M 620‐00‐5110 1,129.25 AT&T 9662 9‐11‐21 10/04/2021 Voice Over IP ‐ IP‐Flex 620‐00‐5320 377.78 Vendor AT&T Total: 4,144.56 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC INV067830 10/04/2021 427 (67830) 100‐33‐5370 1,528.78 AUTO TECH CENTERS INC INV067831 10/04/2021 493 (67831) 100‐33‐5370 596.00 AUTO TECH CENTERS INC INV067832 10/04/2021 824 (67832) 510‐35‐5370 774.88 AUTO TECH CENTERS INC INV067833 10/04/2021 134 (67833) 100‐45‐5370 774.88 AUTO TECH CENTERS INC INV067834 10/04/2021 310 (67834) 100‐22‐5370 650.48 AUTO TECH CENTERS INC INV067894 10/04/2021 312/325 (67894) 100‐22‐5370 949.28 Vendor AUTO TECH CENTERS INC Total: 5,274.30 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 65013 10/04/2021 Toilet Paper Dispenser 100‐03‐5120 243.30 Vendor CABAY & COMPANY INC Total: 243.30 Vendor: CLEAN CUT TREE CARE CLEAN CUT TREE CARE 19614 10/04/2021 Contracted tree removal 100‐45‐5110 2,600.00 Vendor CLEAN CUT TREE CARE Total: 2,600.00 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 22927 10/04/2021 N50 Surface STS ‐ #49933 100‐33‐6110 47.17 CURRAN CONTRACTING 22943 10/04/2021 N50 Surface STS ‐ #22943 100‐33‐6110 45.39 Vendor CURRAN CONTRACTING COMPANY Total: 92.56 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS i195607 10/04/2021 Regiional Pump Exhaust Fan 510‐32‐5380 699.90 Vendor DREISILKER ELECTRIC MOTORS INC Total: 699.90 Vendor: DURA WAX COMPANY INC, THE DURA WAX COMPANY INC, THE 415465 10/04/2021 Shop Suppies 100‐45‐6110 64.00 Vendor DURA WAX COMPANY INC, THE Total: 64.00 9/29/2021 11:55:19 AM 128 Expense Approval Register Packet: APPKT02207 ‐ 10‐4‐21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: EJ USA INC EJ USA INC 110210071734 10/04/2021 9"round frames and riser 100‐33‐6110 1,816.22 EJ USA INC 110210072912 10/04/2021 Hydrant stock 510‐31‐6110 6,840.04 EJ USA INC 110210073142 10/04/2021 7"Round Frames 100‐33‐6110 999.06 Vendor EJ USA INC Total: 9,655.32 Vendor: ELECTRONIC ENTRY SYSTEMS INC ELECTRONIC ENTRY SYSTEMS 2021/08496 10/04/2021 Dog Park Passes 100‐41‐6110 835.00 Vendor ELECTRONIC ENTRY SYSTEMS INC Total: 835.00 Vendor: FAST EDDIES CAR WASH FAST EDDIES CAR WASH 91036645658 10/04/2021 Squad wash 100‐22‐5370 43.50 Vendor FAST EDDIES CAR WASH Total: 43.50 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 16531 10/04/2021 Concrete ‐ STS ‐ 16531 100‐33‐6110 1,248.50 FISCHER BROS FRESH 16532 10/04/2021 Concrete ‐ STS ‐ 16532 100‐33‐6110 335.50 FISCHER BROS FRESH 16562 10/04/2021 Concrete ‐ STS ‐ 16562 100‐33‐6110 677.00 FISCHER BROS FRESH 16569 10/04/2021 Concrete ‐ STS ‐ 16569 100‐33‐6110 571.50 FISCHER BROS FRESH 16583 10/04/2021 Concrete ‐ STS ‐ 16583 100‐33‐6110 673.13 FISCHER BROS FRESH 16607 10/04/2021 Concrete ‐ STS ‐ 16607 100‐33‐6110 710.88 FISCHER BROS FRESH 16629 10/04/2021 Concrete ‐ STS ‐ 16629 100‐33‐6110 677.00 FISCHER BROS FRESH 16653 10/04/2021 Concrete ‐ STS ‐ 16653 100‐33‐6110 744.75 Vendor FISCHER BROS FRESH Total: 5,638.26 Vendor: FRANCE MEDIA, INC FRANCE MEDIA, INC 2021‐42928 10/04/2021 PUBLISHING HEARTLAND AD‐ 100‐06‐5110 1,800.00 Vendor FRANCE MEDIA, INC Total: 1,800.00 Vendor: FUN EXPRESS LLC FUN EXPRESS LLC 711814113‐01 10/04/2021 Event ‐ Halloween Bash 100‐46‐6920 105.88 FUN EXPRESS LLC 711814113‐02 10/04/2021 Event ‐ Halloween Bash 100‐46‐6920 39.59 Vendor FUN EXPRESS LLC Total: 145.47 Vendor: G & E GREENHOUSES INC G & E GREENHOUSES INC 178606 10/04/2021 Landscape Suppies 100‐45‐6110 657.20 Vendor G & E GREENHOUSES INC Total: 657.20 Vendor: GALLS LLC GALLS LLC 019226503 10/04/2021 Uniform Order ‐ Garrett 100‐23‐4510 45.79 GALLS LLC 019226508 10/04/2021 Uniform Order ‐ Ellis 100‐22‐4510 60.70 GALLS LLC 019237766 10/04/2021 Uniform Order ‐ Joseph 100‐23‐4510 59.38 GALLS LLC 019237809 10/04/2021 Uniform Order ‐ Garrett 100‐23‐4510 179.32 GALLS LLC 019238364 10/04/2021 Uniform Order ‐ Joseph 100‐23‐4510 37.99 GALLS LLC 019238501 10/04/2021 Uniform Order ‐ Clesen 100‐22‐4510 89.82 GALLS LLC 019238502 10/04/2021 Uniform Order ‐ Noyes 100‐22‐4510 112.57 GALLS LLC 019259669 10/04/2021 Uniform Order ‐ McNamara 100‐23‐4510 10.41 GALLS LLC 019260002 10/04/2021 Uniform Order ‐ O'Herron 100‐22‐4510 34.12 GALLS LLC 019276203 10/04/2021 Uniform Order ‐ P. Prather 100‐22‐4510 45.37 GALLS LLC 019276204 10/04/2021 Uniform Order ‐ Klasek 100‐22‐4510 47.50 GALLS LLC 019293505 10/04/2021 Uniform Order ‐ Clesen 100‐22‐4510 47.30 GALLS LLC 019293843 10/04/2021 Uniform Order ‐ Noyes 100‐22‐4510 75.38 GALLS LLC 019294106 10/04/2021 Uniform Order ‐ Walsh 100‐22‐4510 18.66 GALLS LLC 019294264 10/04/2021 Uniform Order ‐ Rewiako 100‐22‐4510 86.70 GALLS LLC 019294290 10/04/2021 Uniform Order ‐ Schmitt 100‐22‐4510 42.91 GALLS LLC 019312352 10/04/2021 Uniform Order ‐ Veronese 100‐23‐4510 50.56 GALLS LLC 019314265 10/04/2021 Uniform Order ‐ Noyes 100‐22‐4510 42.42 GALLS LLC 019317900 10/04/2021 Uniform Order ‐ Lumber 100‐22‐4510 30.00 GALLS LLC 019366387 10/04/2021 Uniform Order ‐ Havens 100‐23‐4510 30.25 GALLS LLC 019366665 10/04/2021 Uniform Order ‐ Schmitt 100‐22‐4510 85.82 Vendor GALLS LLC Total: 1,232.97 Vendor: GRAINGER GRAINGER 9040679350 10/04/2021 MS Building Garage Door 510‐32‐5375 159.38 Vendor GRAINGER Total: 159.38 9/29/2021 11:55:19 AM 129 Expense Approval Register Packet: APPKT02207 ‐ 10‐4‐21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: GREEN DOOR PROMOTIONS LLC GREEN DOOR PROMOTIONS 21‐2216 10/04/2021 Program ‐ Bags 100‐46‐6110 307.50 Vendor GREEN DOOR PROMOTIONS LLC Total: 307.50 Vendor: HAWKINS INC HAWKINS INC 6020348 10/04/2021 Chemical Delivery #6020348 510‐32‐6110 4,854.76 HAWKINS INC 6020418 10/04/2021 Chemical Delivery INV# 510‐32‐6110 4,854.76 Vendor HAWKINS INC Total: 9,709.52 Vendor: HEARTLAND BUSINESS SYSTEMS, LLC HEARTLAND BUSINESS 467612‐H 10/04/2021 CradlePoint IBR900 / Axis 620‐00‐8300 1,245.74 HEARTLAND BUSINESS 469375‐H 10/04/2021 HBS Support ‐ AD Connect 620‐00‐5110 101.25 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total: 1,346.99 Vendor: ILLINOIS DEPT OF AGRICULTURE ILLINOIS DEPT OF 722‐244 10/04/2021 Re‐cert scales 100‐22‐5110 400.00 Vendor ILLINOIS DEPT OF AGRICULTURE Total: 400.00 Vendor: INFOSEND, INC INFOSEND, INC 197453 10/04/2021 INFOSEND AUG 21 W/S BILLS 100‐04‐5310 1,605.06 INFOSEND, INC 197453 10/04/2021 INFOSEND AUG 21 W/S BILLS 100‐04‐5330 572.17 Vendor INFOSEND, INC Total: 2,177.23 Vendor: IN‐PIPE TECHNOLOGY COMPANY INC IN‐PIPE TECHNOLOGY 1985 10/04/2021 Monthly service fee INV# 1985 510‐32‐5110 7,750.00 Vendor IN‐PIPE TECHNOLOGY COMPANY INC Total: 7,750.00 Vendor: INTERSTATE ALL BATTERY CENTER INTERSTATE ALL BATTERY 1903701045418 10/04/2021 12V Battery #1903701045418 100‐33‐6110 25.25 Vendor INTERSTATE ALL BATTERY CENTER Total: 25.25 Vendor: JET VAC JET VAC 4215 10/04/2021 Noz, Insert, M10X1, Ceramic, 510‐35‐6110 349.80 Vendor JET VAC Total: 349.80 Vendor: JG UNIFORMS INC JG UNIFORMS INC 89031 10/04/2021 Szoke ‐ New Hire Uniforms 100‐22‐4510 793.14 Vendor JG UNIFORMS INC Total: 793.14 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 9208111 10/04/2021 kimball‐ Lange stuff (9208111) 510‐35‐5370 919.20 KIMBALL MIDWEST 9234559 10/04/2021 kimball stock (9234559) 100‐33‐5370 448.49 Vendor KIMBALL MIDWEST Total: 1,367.69 Vendor: LANG AUTO GROUP, GARY LANG AUTO GROUP, GARY 5060431 10/04/2021 310 (5060431) 100‐22‐5370 314.80 Vendor LANG AUTO GROUP, GARY Total: 314.80 Vendor: MCHENRY MARLINS AQUATIC CLUB MCHENRY MARLINS AQUATIC 322 10/04/2021 Invoice 322 100‐47‐5110 42.00 Vendor MCHENRY MARLINS AQUATIC CLUB Total: 42.00 Vendor: MCHENRY POWER EQUIPMENT INC MCHENRY POWER EQUIPMENT 460145 10/04/2021 streets 460145 100‐33‐5370 46.26 MCHENRY POWER EQUIPMENT 460974 10/04/2021 streets 460974 100‐33‐5370 10.93 Vendor MCHENRY POWER EQUIPMENT INC Total: 57.19 Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC MENDEZ LANDSCAPING & 10979 10/04/2021 Landscaping City Hall 100‐03‐5120 360.00 Vendor MENDEZ LANDSCAPING & BRICK PAVERS INC Total: 360.00 Vendor: METRO DOOR AND DOCK INC METRO DOOR AND DOCK INC 61749 10/04/2021 MicroScreen Garage Door 510‐32‐5375 393.58 Vendor METRO DOOR AND DOCK INC Total: 393.58 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 243028W 10/04/2021 2" curb 510‐31‐6110 2,081.00 MID AMERICAN WATER OF 24833W 10/04/2021 B‐Box (inv#24833w 510‐31‐6110 182.00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 2,263.00 9/29/2021 11:55:19 AM 130 Expense Approval Register Packet: APPKT02207 ‐ 10‐4‐21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: MIDLAND STANDARD ENGINEERING & TESTING, INC MIDLAND STANDARD 250007 10/04/2021 2021 Vet's Park Rd Pgm ‐ 100‐33‐5110 1,700.00 Vendor MIDLAND STANDARD ENGINEERING & TESTING, INC Total: 1,700.00 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 96077 10/04/2021 w/s final read forms 100‐04‐5330 302.91 Vendor MINUTEMAN PRESS OF MCH Total: 302.91 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 17514276 10/04/2021 Electrical Supplies 100‐45‐6110 2.28 NORTHWEST ELECTRICAL 17514409 10/04/2021 Electrical Supplies 100‐45‐6110 377.25 NORTHWEST ELECTRICAL 17514411 10/04/2021 Electrical Supplies 100‐45‐6110 467.00 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 846.53 Vendor: NORTHWESTERN MEDICINE OCC HEALTH NORTHWESTERN MEDICINE 517666 10/04/2021 Post Accident (Crowder, 610‐00‐6940 310.00 NORTHWESTERN MEDICINE 517666A 10/04/2021 Randoms/New Hires #517666 100‐05‐5110 3,252.66 Vendor NORTHWESTERN MEDICINE OCC HEALTH Total: 3,562.66 Vendor: PETROCHOICE LLC PETROCHOICE LLC 50625687 10/04/2021 Fuel ‐ UTY ‐ 50625687 510‐35‐6250 381.73 PETROCHOICE LLC 50625704 10/04/2021 Fuel Bill 100‐03‐6250 241.59 PETROCHOICE LLC 50625705 10/04/2021 Fuel ‐ WW ‐ 50625705 510‐32‐6250 182.46 PETROCHOICE LLC 50625706 10/04/2021 Fuel ‐ WTR ‐ 50625706 510‐31‐6250 128.35 PETROCHOICE LLC 50625707 10/04/2021 Fuel 100‐45‐6250 540.56 PETROCHOICE LLC 50625708 10/04/2021 Fuel ‐ STS ‐ 50625708 100‐33‐6250 508.70 PETROCHOICE LLC 50625709 10/04/2021 Fuel ‐ 50625709 100‐22‐6250 1,864.46 PETROCHOICE LLC 50630467 10/04/2021 Fuel ‐ UTY ‐ 50630467 510‐35‐6250 217.10 PETROCHOICE LLC 50630477 10/04/2021 Fuel Bill 100‐03‐6250 124.50 PETROCHOICE LLC 50630478 10/04/2021 Fuel ‐ WW ‐ 50630478 510‐32‐6250 345.61 PETROCHOICE LLC 50630479 10/04/2021 Fuel 100‐45‐6250 175.20 PETROCHOICE LLC 50630480 10/04/2021 Fuel ‐ STS ‐ 50630480 100‐33‐6250 637.12 PETROCHOICE LLC 50630481 10/04/2021 Fuel ‐ 50630481 100‐22‐6250 1,102.34 PETROCHOICE LLC 50645999 10/04/2021 Fuel ‐ UTY ‐ 50645999 510‐35‐6250 832.72 PETROCHOICE LLC 50646014 10/04/2021 Fuel Bill 100‐03‐6250 321.88 PETROCHOICE LLC 50646015 10/04/2021 Fuel ‐ WW ‐ 50646015 510‐32‐6250 666.64 PETROCHOICE LLC 50646016 10/04/2021 Fuel ‐ WTR ‐ 50646016 510‐31‐6250 238.98 PETROCHOICE LLC 50646017 10/04/2021 Fuel 100‐45‐6250 873.99 PETROCHOICE LLC 50646018 10/04/2021 Fuel ‐ STS ‐ 50646018 100‐33‐6250 3,658.76 PETROCHOICE LLC 50646019 10/04/2021 Fuel ‐ 50646019 100‐22‐6250 4,309.69 PETROCHOICE LLC 50659902 10/04/2021 Fuel ‐ UTY ‐ 50659902 510‐35‐6250 755.20 PETROCHOICE LLC 50659918 10/04/2021 Fuel Bill 100‐03‐6250 363.18 PETROCHOICE LLC 50659919 10/04/2021 Fuel ‐ WW ‐ 50659919 510‐32‐6250 1,056.59 PETROCHOICE LLC 50659920 10/04/2021 Fuel ‐ WTR ‐ 50659920 510‐31‐6250 187.62 PETROCHOICE LLC 50659921 10/04/2021 Fuel 100‐45‐6250 1,148.76 PETROCHOICE LLC 50659922 10/04/2021 Fuel ‐ STS ‐ 50659922 100‐33‐6250 2,793.39 PETROCHOICE LLC 50659923 10/04/2021 Fuel ‐ 50659923 100‐22‐6250 4,923.98 PETROCHOICE LLC 50665369 10/04/2021 Fuel ‐ UTY ‐ 50665369 510‐35‐6250 474.21 PETROCHOICE LLC 50665381 10/04/2021 Fuel Bill 100‐03‐6250 182.61 PETROCHOICE LLC 50665382 10/04/2021 Fuel ‐ WW ‐ 50665382 510‐32‐6250 260.75 PETROCHOICE LLC 50665383 10/04/2021 Fuel ‐ WTR ‐ 50665383 510‐31‐6250 111.51 PETROCHOICE LLC 50665384 10/04/2021 Fuel 100‐45‐6250 74.31 PETROCHOICE LLC 50665385 10/04/2021 Fuel ‐ STS ‐ 50665385 100‐33‐6250 545.89 PETROCHOICE LLC 50665386 10/04/2021 Fuel ‐ 50665386 100‐22‐6250 1,988.51 PETROCHOICE LLC 50672413 10/04/2021 Fuel ‐ UTY ‐ 50672413 510‐35‐6250 231.28 PETROCHOICE LLC 50672426 10/04/2021 Fuel Bill 100‐03‐6250 172.86 PETROCHOICE LLC 50672427 10/04/2021 Fuel ‐ WW ‐ 50672427 510‐32‐6250 382.93 PETROCHOICE LLC 50672428 10/04/2021 Fuel ‐ WTR ‐ 50672428 510‐31‐6250 72.86 PETROCHOICE LLC 50672429 10/04/2021 Fuel 100‐45‐6250 320.58 PETROCHOICE LLC 50672430 10/04/2021 Fuel ‐ STS ‐ 50672430 100‐33‐6250 613.40 PETROCHOICE LLC 50672431 10/04/2021 Fuel ‐ 50672431 100‐22‐6250 2,025.92 PETROCHOICE LLC 50678931 10/04/2021 Fuel ‐ UTY #50678931 510‐35‐6250 302.24 PETROCHOICE LLC 50678944 10/04/2021 Fuel Bill 100‐03‐6250 223.04 9/29/2021 11:55:19 AM 131 Expense Approval Register Packet: APPKT02207 ‐ 10‐4‐21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount PETROCHOICE LLC 50678946 10/04/2021 Fuel ‐ WW #50678946 510‐32‐6250 454.89 PETROCHOICE LLC 50678947 10/04/2021 Fuel ‐ WTR #50678947 510‐31‐6250 154.93 PETROCHOICE LLC 50678948 10/04/2021 Fuel #50678948 100‐45‐6250 282.29 PETROCHOICE LLC 50678949 10/04/2021 Fuel ‐ STS #50678949 100‐33‐6250 1,119.92 PETROCHOICE LLC 50678950 10/04/2021 Fuel 50678950 100‐22‐6250 2,088.96 PETROCHOICE LLC 50679565 10/04/2021 oil/coolant (50679565) 510‐32‐6250 2,379.84 Vendor PETROCHOICE LLC Total: 43,044.83 Vendor: PITEL SEPTIC INC PITEL SEPTIC INC 20447 10/04/2021 Toilet Rentals 100‐45‐5110 85.00 Vendor PITEL SEPTIC INC Total: 85.00 Vendor: PRECISION PAVEMENT MARKINGS, INC PRECISION PAVEMENT 4010 10/04/2021 2021 Regular Paint Pavement 100‐33‐5110 7,375.52 Vendor PRECISION PAVEMENT MARKINGS, INC Total: 7,375.52 Vendor: REX 24/7 TOWING REX 24/7 TOWING 3694 10/04/2021 Seizure Tow 100‐22‐5110 300.00 Vendor REX 24/7 TOWING Total: 300.00 Vendor: SENCOMMUNICATIONS INC SENCOMMUNICATIONS INC IN0995633 10/04/2021 Headset Repair 100‐23‐6110 122.00 Vendor SENCOMMUNICATIONS INC Total: 122.00 Vendor: TOPS IN DOG TRAINING CORP TOPS IN DOG TRAINING CORP 23608 10/04/2021 K9 Food/Boarding 100‐22‐6310 456.49 Vendor TOPS IN DOG TRAINING CORP Total: 456.49 Vendor: TRAFFIC CONTROL & PROTECTION INC TRAFFIC CONTROL & 108623 10/04/2021 Speed Limit and No Left Turn 100‐33‐6110 427.10 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 427.10 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 079562 10/04/2021 Remove/Install Keyboard 100‐22‐5370 109.95 ULTRA STROBE 079723 10/04/2021 Speaker ‐ 311 100‐22‐5370 169.95 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 279.90 Vendor: VERMEER‐ILLINOIS INC VERMEER‐ILLINOIS INC PG8685 10/04/2021 442 pg8685 100‐33‐5370 189.50 Vendor VERMEER‐ILLINOIS INC Total: 189.50 Vendor: VICTOR FORD, INC VICTOR FORD, INC 159721 10/04/2021 323 (159721) 100‐22‐5370 71.76 VICTOR FORD, INC 159722 10/04/2021 325 (159722) 100‐22‐5370 296.12 VICTOR FORD, INC 159740 10/04/2021 315 (159740) 100‐22‐5370 87.75 VICTOR FORD, INC 159757 10/04/2021 325 (159757) 100‐22‐5370 105.76 VICTOR FORD, INC 159758 10/04/2021 323 (159758) 100‐22‐5370 265.38 VICTOR FORD, INC 159759 10/04/2021 325 (159759) 100‐22‐5370 2.96 VICTOR FORD, INC 159813 10/04/2021 325 159813 100‐22‐5370 497.99 VICTOR FORD, INC 159815 10/04/2021 312 159815 100‐22‐5370 275.45 Vendor VICTOR FORD, INC Total: 1,603.17 Vendor: WATER PRODUCTS ‐ AURORA WATER PRODUCTS ‐ AURORA 0305236 10/04/2021 Repair clamps and B‐Boxs and 510‐31‐6110 2,068.00 WATER PRODUCTS ‐ AURORA 0305443 10/04/2021 Repair curb stop comp 510‐35‐6110 1,548.30 Vendor WATER PRODUCTS ‐ AURORA Total: 3,616.30 Vendor: WELCH BROS INC WELCH BROS INC INV3150127 10/04/2021 24"x24" risersand 30" concrete 100‐33‐6110 822.00 Vendor WELCH BROS INC Total: 822.00 Grand Total: 130,485.69 9/29/2021 11:55:19 AM 132 Expense Approval Register Packet: APPKT02207 ‐ 10‐4‐21 RECT INVOICE Fund Summary Fund Expense Amount 100 ‐ GENERAL FUND 80,771.67 510 ‐ WATER/SEWER FUND 43,912.47 610 ‐ RISK MANAGEMENT FUND 310.00 620 ‐ INFORMATION TECHNOLOGY FUND 5,491.55 Grand Total: 130,485.69 133 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org ACTION ITEM SUPPLEMENT TO: Mayor and City Council FOR: October 4, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Z-993 - A Conditional Use Permit for an Institutional Use and Zoning Variations for the continued operation of a transitional living shelter commonly known as Home of the Sparrow ATT: 1. Unapproved Planning and Zoning Commission Minutes dated September 15, 2021 2. Ordinance granting a Conditional Use Permit and Zoning Variations for 2116 N. Ringwood Road 3. Planning & Zoning Commission Staff Report 4. Application Packet AGENDA ITEM SUMMARY: Home of the Sparrow, Inc., is requesting approval of a Conditional Use Permit for an Institutional Use for the continued operation of a transitional living shelter and Zoning Variations to minimum lot width, parking lot perimeter landscaping, interior side yard setback for the existing playground structure, and any other zoning relief necessary to accommodate the existing principal building and accessory structures. The Planning & Zoning Commission met on September 15, 2021 and unanimously recommended approval subject to the following condition: 1. The property owner shall be required to install parking lot perimeter landscaping as required by the Zoning Ordinance should the existing trees east of the southernmost parking lot be removed as determined by the Zoning Administrator or if the vacant lots east of the south parking lot are developed. BACKGROUND: Home of the Sparrow provides affordable housing, rapid re-housing, and other supportive services for single women, pregnant women, and women with children – 93 percent of women served are domestic abuse survivors. The petitioner has operated the shelter at 2116 N. Ringwood Road since 1991 (30 years). 134 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org The City of McHenry and the petitioner successfully applied and received $120,000.00 in Community Development Block Grant (2019) funding for the extension of the water main along Ringwood Road. The goal of the project was to provide water sprinklers to the site for the safety of the occupants served by Home of the Sparrow. The property was recently annexed to the City of McHenry on April 5, 2021 as part of the agreement for connecting to City Water services. Approval of a Conditional Use Permit and Zoning Variations to continue to operate as a transitional living shelter is the final step in the process. RECOMMENDATION: If the City Council concurs, it is recommended the attached ordinance granting a Conditional Use Permit, and Zoning Variations to accommodate the operation of a transitional living shelter at 2116 N. Ringwood Road be approved (Mayor and City Council vote-simple majority). 135 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 2 Unapproved Planning & Zoning Commission Minutes from September 15, 2021 Public Hearing: Home of the Sparrow, Inc. Z-993 2116 N Ringwood Road Z-993 - A Conditional Use Permit for an Institutional Use for the continued operation of a transitional living shelter and Zoning Variations to minimum lot width, parking lot perimeter landscaping, interior side yard setback, and any other zoning relief necessary to accommodate the existing principal building and accessory structures. Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z-993 a Conditional Use Permit for an Institutional Use for the continued operation of a transitional living shelter and Zoning Variations to minimum lot width, parking lot perimeter landscaping, interior side yard setback, and any other zoning relief necessary to accommodate the existing principal building and accessory structures at 2116 N. Ringwood Rd. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Debbie DeGraw and Matthew Kostecki were sworn in and stated Home of the Sparrow operates a Transitional Shelter located at the subject property and has for 30 years since 1991. The shelter was previously located in McHenry County and was recently annexed into the City of McHenry. They are requesting a conditional use for the City of McHenry to operate the shelter within conforming use. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating The City of McHenry and the petitioner successfully applied and received $120,000.00 in Community Development Block Grant (2019) funding for the extension of the water main along Ringwood Road. The goal of the project was to provide fire sprinklers to the site for the safety of the occupants served by Home of the Sparrow, upon recent annexation to the City of McHenry as part of the agreement for connecting to City Water services. Approval of a Conditional Use Permit and Zoning Variations to continue to operate as a transitional living shelter is the final step in the process. Staff believes the proposed development is consistent with the future land use map recommendation. Planning and Zoning Commission September 15, 2021 Page 2 136 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 3 Given the longevity of the operation, staff does not believe the continuation of the use would generate any adverse impacts on the surrounding property owners. Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies, stating approval of the petitioner’s request would be supportive of the City’s growth objectives and policies. City water services have been extended to service the site. Also, although many policies and objectives do not apply in this specific circumstance, staff believes approval of the request would be supportive of promoting responsible growth while providing a high quality of life to our residents. Transitional living shelters provide a much- needed form of housing for vulnerable populations. With not many transitional housing options currently available in McHenry County, staff believes approval of the request would be supportive of the broader idea of creating a mix of diverse housing options and services for the City’s residents should those services be required. The petitioner is not proposing any changes to the site. The Zoning Ordinance requires a minimum lot width of 50-feet per dwelling unit in the RS-4 District for a combined total of 300 feet. The petitioner will need to receive approval of a zoning variation to allow a minimum lot width of 125 feet in lieu of the required 300 feet. The striped spaces on the north side of the property do not have perimeter landscaping. This is primarily related to existing site constraints of the property which does not reasonably allow perimeter landscaping at this location. The east side of the south parking lot is also missing perimeter landscaping; however, there are numerous decidious trees to the east that provide natural screening of the parking lot area. Staff is recommending that a condition of approval be added that the petitioner would be required to install parking lot perimeter landscaping should those trees be removed. The Ordinance requires a minimum of a 6-foot setback from the property line. Although the principal building complies, playground equipment appears to encroach within the setback. Staff has placed a general interior side yard setback provision within the request to accommodate all existing accessory structures on site. Planner Sheriff stated Staff is recommending a condition of approval be added regarding the variance for the south parking lot perimeter landscaping that the property owner shall be required to install parking lot perimeter landscaping should the deciduous trees east of the subject property be removed. Overall, the proposal appears to be in substantial conformance with the City’s Comprehensive Plan and Development Policies. Given the longevity of the use, and the value our community receives for having close access to a transitional living shelter, Staff does not object to the petitioner’s request subject to appropriate conditions. 137 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 4 Planner Sherriff stated if the Planning & Zoning Commission agrees with staff’s assessment then two motions are recommended, as presented in the Staff Report. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. There were no questions from any of the Commissioners. Chairwoman Rockweiler stated the staff report was very clear in explaining the request. Planning and Zoning Commission September 15, 2021 Page 3 Chairwoman Rockweiler invited questions and/or comments from the Public. There were no comments from the public. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:08 p.m. Motion by Walsh seconded by Smale with regard to File No. Z-993, to recommend approval of the petitioner’s request for a Conditional Use Permit for an Institutional Use to operate a transitional living shelter on the subject property as outlined in the staff report, as presented, and by making said motion, we agree with staff’s assessment that the approval criteria for Conditional Uses have been met as outlined in the Staff Report. Roll Call: Vote: 6-ayes: Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0- abstained, 1-absent: Bremer. Motion Carried. Motion by Smale seconded by Lehman with regard to File No. Z-993, to recommend approval of the petitioner’s request for the following Zoning Variations: 1) to allow a minimum lot width of 125 in lieu of the required 300 feet; 2) to allow no parking lot perimeter landscaping along the north side of the northernmost parking lot and east side of the southernmost parking lot subject to the condition that the property owner shall be required to install parking lot perimeter landscaping as required by the Zoning Ordinance should the existing trees east of the parking lot be removed as determined by the Zoning Administrator or if the vacant lots east of the south parking lot are developed; 3) to allow an interior side yard setback of 2 feet in lieu of the required 6 feet for the existing playground equipment; and 4) any other zoning relief necessary to accommodate the existing principal building and accessory structures. 138 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 5 AND by making said motion, we agree with staff’s assessment as outlined in the staff report and that the approval criteria for Variances have been met. Roll Call: Vote: 6-ayes: Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0- abstained, 1-absent: Bremer. Motion Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-993 at 7:15 p.m. 139 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 6 ORDINANCE NO 21- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT, AND ZONING VARIATIONS TO ACCOMMODATE A TRANSITIONAL LIVING SHELTER AT 2116 N RINGWOOD ROAD 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 with the City by Home of the Sparrow, Inc. (“PROPERTY OWNER”) requesting approval of a Conditional Use Permit and Zoning Variations to operate a transitional living shelter for the property located at 2116 N. Ringwood Road and 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 September 15, 2021 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Zoning Map Amendment, Conditional Use Permit, and Zoning Variations; 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 Conditional Use Permit, and Zoning Variations are consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit for the operation of a Transitional Living Shelter. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the Approval Criteria for Conditional Uses listed in §11-15-5 of the City of McHenry Zoning Ordinance have been met. SECTION 3: That the SUBJECT PROPERTY is hereby granted the following Zoning Variations: 1) Variation to allow a minimum lot width of 125 in lieu of the required 300 feet; 140 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 7 2) Variation to allow no parking lot perimeter landscaping along the north side of the northernmost parking lot and east side of the southernmost parking lot subject to the condition that the property owner shall be required to install parking lot perimeter landscaping as required by the Zoning Ordinance should the existing trees east of the parking lot be removed as determined by the Zoning Administrator or if the vacant lots east of the south parking lot are developed; 3) Variation to allow an interior side yard setback of 2 feet in lieu of the required 6 feet for the existing playground equipment; and 4) Variation to allow any other zoning relief necessary to accommodate the existing principal building and accessory structures identified in the 2018 Aerial attached hereto as “EXHIBIT B”. SECTION 4: In granting said Variances, the City Council finds that the Approval Criteria for Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 5: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 4th day of October, 2021. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 141 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 8 Exhibit A Legal Description of the Subject Property LOTS 1 THRU 17, IN BLOCK 9 IN WESTSHORE BEACH MCCULLOM LAKE, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 6, 1939 AS DOCUMENT 138736, IN BOOK 9 OF PLATS, PAGE 32, IN MCHENRY COUNTY, ILLINOIS. 142 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 9 Exhibit B – 2018 Aerial 143 EXHIBIT B - 2018 Aerial Copyright County of McHenry 2021. All information is provided 'as-is' with no guarantee of accuracy, completeness, or currency. Page 1 of 1 144 145 146 147 Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The petitioner, Home of the Sparrow, Inc., (“Owner of Record”), is requesting approval of a Conditional Use Permit for an Institutional Use for the continued operation of a transitional living shelter and Zoning Variations to minimum lot width (125 feet existing, estimated 300 feet required), parking lot perimeter landscaping (north parking lot, and east portion of south parking lot), interior side yard setback for the existing playground structure (estimated existing 3 feet, 6 feet required), and any other zoning relief necessary to accommodate the existing principal building and accessory structures. Home of the Sparrow provides affordable housing, rapid re-housing, and other supportive services for single women, pregnant women, and women with children – 93 percent of women served are domestic abuse survivors. The petitioner has operated the shelter at 2116 N. Ringwood Road since 1991 (30 years). The site consists of 1.26 acres, more or less, and is located on the southeast corner of the intersection of W. West Shore Drive and N. Ringwood Road, with a common address of 2116 N. Ringwood Road, McHenry, IL 60050 (“Subject Property”). The City of McHenry and the petitioner successfully applied and received $120,000.00 in Community Development Block Grant (2019) funding for the extension of the water main along Ringwood Road. The goal of the project was to provide water sprinklers to the site for the safety of the occupants served by Home of the Sparrow. The property was recently annexed to the City of McHenry on April 5, 2021 as part of the agreement for connecting to City Water services. Approval of a Conditional Use Permit and Zoning Variations to continue to operate as a transitional living shelter is the final step in the process. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS FUTURE LAND USE MAP RECOMMENDATION The future land use map recommends Medium-Density Residential for the property. Institutional uses are allowed in all zoning districts subject to approval of a conditional use permit. Staff believes the proposed development is consistent with the future land use map recommendation. CURRENT LAND USE AND ZONING The subject property is zoned RS-4 High-Density Single Family on the north half of the property and RS-3 Medium-Density Single Family on the south half. The petitioner has operated a not-for-profit transitional living shelter on the property since 1991. Given the longevity of the operation, staff does not believe the continuation of the use would generate any adverse impacts on the surrounding property owners. 148 COMPREHENSIVE PLAN OBJECTIVES AND POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. • Growth, Goal – “Encourage responsible, orderly growth in the City by assisting property owners with annexation, supporting development plans, and promoting redevelopment.” (p. 28) o Objective – “Work to annex land into the City, especially unincorporated islands.” (p. 28)  Policy – “Establish annexation priorities based upon the ability to logically extend and fund sewer and water lines to encourage growth and to discourage leapfrog development.” (p. 28) • Approval of the petitioner’s request would be supportive of the City’s growth objectives and policies. City water services have been extended to service the site. • Land Use, Objective – Allow a mixture of land uses in appropriate areas to promote responsible growth while providing a high quality of life to the residents. o Although many policies and objectives do not apply in this specific circumstance, staff believes approval of the request would be supportive of promoting responsible growth while providing a high quality of life to our residents. Transitional living shelters provide a much-needed form of housing for vulnerable populations. With not many transitional housing options currently available in McHenry County, staff believes approval of the request would be supportive of the broader idea of creating a mix of diverse housing options and services for the City’s residents should those services be required. SITE PLAN ANALYSIS The petitioner is not proposing any changes to the site. See below for staff comments on zoning district bulk and setback requirements. Minimum Lot Width. Staff estimates there are approximately 6 dwelling units total - 4 2-bedroom living units, and 9 dorm rooms with access to 2 kitchens. The Zoning Ordinance requires a minimum lot width of 50-feet per dwelling unit in the RS-4 District for a combined total of 300 feet. The petitioner will need to receive approval of a zoning variation to allow a minimum lot width of 125 feet in lieu of the required 300 feet. Parking Lot Perimeter Landscaping. The stripped spaces on the north side of the property do not have perimeter landscaping. This is primarily related to existing site constraints of the property which does not resonably allow perimeter landscaping at this location. The east side of the south parking lot is also missing perimeter landscaping; however, there are numerous decidious trees to the east that provide natural screening of the parking lot area. Staff is recommending that a condition of approval be added that the petitioner would be required to install parking lot perimeter landscaping should those trees be removed. Interior Side Yard Setback. The Ordinance requires a minimum of a 6-foot setback from the property line. Although the principal building complies, playground equipment appears to encroach within the setback. Staff has placed a general interior side yard setback provision within the request to accommodate all existing accessory structures on site. 149 STAFF RECOMMENDATION & MOTION In summary, the petitioner is requesting approval of a Conditional Use Permit and Zoning Variations to accommodate the continued operations of a transitional living facility. Home of the Sparrow has utilized the property as a transitional living shelter since 1991. The property was recently annexed into the City on April 5, 2021 as part of an agreement to extend city water services. This connection was part of a Community Development Block Grant that both the City and the petitioner applied successfully for in 2019. Staff is recommending a condition of approval be added regarding the variance for the south parking lot perimeter landscaping that the property owner shall be required to install parking lot perimeter landscaping should the deciduous trees east of the subject property be removed. Overall, the proposal appears to be in substantial conformance with the City’s Comprehensive Plan and Development Policies. Given the longevity of the use, and the value our community receives for having close access to a transitional living shelter, staff does not object to the petitioner’s request subject to appropriate conditions. If the Planning & Zoning Commission agrees with staff’s assessment, then two motions are recommended: 1st MOTION: I motion to recommend approval of the petitioner’s request for a Conditional Use Permit for an Institutional Use to operate a transitional living shelter on the subject property. AND by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses have been met as outlined in the Staff Report. APPROVAL CRITERIA FOR CONDITIONAL USES (11-15-5). Staff comments italicized below. A. Traffic: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. a. Staff does not believe approval of the petitioner’s request would generate any adverse traffic impacts. B. Environmental Nuisance: Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. a. Staff does not believe approval of the petitioner’s request would generate any environmental nuisances. C. Neighborhood Character: The proposed use will fit harmoniously with the existing natural or manmade character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. a. Given that the property has operated as a transitional living facility since 1991, staff does not believe approval of the petitioner’s request would generate any additional adverse impacts on the surrounding property owners. D. Public Services and Facilities: The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. a. The site is presently serviced by City Water. E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. a. Staff does not believe the proposed use will generate any adverse impacts on public safety and health. F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. a. Overall, staff believes the proposed use is compatible with the surrounding residential land uses. (Staff report continues on next page) 150 2nd MOTION: I motion to approve the petitioner’s request for the following Zoning Variations: 1) to allow a minimum lot width of 125 in lieu of the required 300 feet; 2) to allow no parking lot perimeter landscaping along the north side of the northernmost parking lot and east side of the southernmost parking lot subject to the condition that the property owner shall be required to install parking lot perimeter landscaping as required by the Zoning Ordinance should the existing trees east of the parking lot be removed as determined by the Zoning Administrator or if the vacant lots east of the south parking lot are developed; 3) to allow an interior side yard setback of 2 feet in lieu of the required 6 feet for the existing playground equipment; and 4) any other zoning relief necessary to accommodate the existing principal building and accessory structures. AND by making said motion, I agree with staff’s assessment as outlined in the staff report and that the approval criteria for Variances have been met. VARIANCE APPROVAL CRITERIA (11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. The subject property was annexed into the City of McHenry in April 2021. Previously subject to the McHenry County Unified Development Ordinance, the annexation of the property now requires the property to conform with the City of McHenry Zoning Ordinance. Staff believes the petitioner’s request is related to this special circumstance not found elsewhere. B. Circumstances Relate to the Property Only. Staff believes this is a special circumstance as it relates to this property only and not all property within the RS-4 Residential District. C. Not Resulting From Applicant Action. The existing zoning nonconformities were created as a result of the annexation and not the property owner. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship onto the property owner since it has operated in its current capacity as a transitional living shelter for approximately 30 years. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Staff believes that without approval, the petitioner would be denied reasonable use and enjoyment of the property. G. Not Alter Local Character: Staff believes approval of the petitioner’s request would not substantially alter essential character of the locality nor have any other adverse impacts given the property has been operated as a transitional living shelter since 1991. H. Consistent With Title And Plan: Staff believes the proposed development is appropriate for the residential zoning district since transitional living shelters (institutional uses) are allowed as a conditional use which is consistent with the Comprehensive Plan. I. Minimum Variance Recommended: Staff believes the proposed variations requested are the minimum required. Attachments: • Petitioner’s Application and attachments • Receipt of publication of legal notice 151 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION Salesperson: BARBARA BEHRENS Printed at 08/26/21 13:45 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10041420 Ad #: 1914736 Status: New HOME OF THE SPARROW Start: 08/27/2021 Stop: 08/27/2021 4209 W SHAMROCK LANE Times Ord: 1 Times Run: *** MCEHNRY IL 60050 CLEG 1.00 X 85.00 Words: 266 Total CLEG 85.00 Class: C8100 PUBLIC NOTICES Rate: LEGAL Cost: 129.40 # Affidavits: 2 Ad Descrpt: RINGWOOD ROAD CUP Z-993 Contact: DEBBIE DEGRAW Descr Cont: 1914736 Phone: (815)271-5444 Given by: DEBBIE MCGRAW Fax#: P.O. #: Email: accounting@hosparrow.org Created: bbehr 08/26/21 11:37 Agency: Last Changed: bbehr 08/26/21 13:45 ----------------------------------------------------------------------------- URL: _________________________________ ----------------------------------------------------------------------------- Source: ______________________________ Section: _______________ Page: __ Camera Ready: N Group: LEGALS AdType: ___________ Misc: _______________________________ Color: _____________ Proof: __ _____________________ Pickup Date: __________ Ad#: _________ Delivery Instr: ______________________ Pickup Src: ____________ Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __ Coupon: __ Gang Ad #: _________ Ad Copy Method: ________________________________________ Special Instr: ______________________________ ----------------------------------------------------------------------------- COMMENTS: Cx per Aileen ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES NW CL 97 S 08/27 WEB CL 99 S 08/27 APNW CL 97 S 08/27 ----------------------------------------------------------------------------- (CONTINUED ON NEXT PAGE) 152 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION (CONTINUED) Salesperson: BARBARA BEHRENS Printed at 08/26/21 13:45 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10041420 Ad #: 1914736 Status: New PUBLIC NOTICE PUBLIC HEARING NOTICE FILE Z-993 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing using the Zoom Internet Conferenc- ing Application which can be accessed through https://cityofmchenry. zoom.us/j/83342229340 or by dialing +1-312-626- 6799 (Meeting ID: 833 4222 9340) at 7:00 P.M. on September 15, 2021 to consider an application by Home of the Sparrow, Inc. ("Property Owner") of 4209 W. Shamrock Ln., Unit B, McHenry, IL 60050 for the following request(s), in accordance with the City of McHenry Zoning Ordinance: A Conditional Use Permit for an Institutional Use for the continued operation of a transitional living shelter and Zoning Variations to minimum lot width, parking lot perimeter landscaping, interior side yard setback, and any other zoning relief necessary to accommodate the existing principal building and accessory structures. Location: The site consists of 1.26 acres, more or less, and is located on the south- east corner of the intersection of W. West Shore Drive and N. Ringwood Road, with a common address of 2116 N. Ringwood Road, McHen- ry, IL 60050 ("Subject Property"). PIN: 09-21-452-041, 09-21-452-040, 09-21- 452-009, 09-21-452-010, 09-21-452-039 The property is currently zoned RS-4 High-Density Single Family Residential District. A copy of the application is on file and may be exam- ined by contacting Cody Sheriff, City Planner by email at csheriff@cityofmchenry. org or by calling 1-815- 363-2181. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Com- mission, City of McHenry, McHenry County, Illinois. /s/ Stacy Rockweiler Chairwoman, Planning and Zoning Commission (Published in the Northwest Herald on August 27, 2021) 1914736 153 Public Hearing Application Packet Page 1 of 22 PUBLIC HEARING REQUIREMENTS Planning and Zoning Commission (2021) City of McHenry www.cityofmchenry.org/planning_zoning 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2181  Fax: (815) 363-2173 The following information is intended to assist a petitioner applying for any development action requiring a public hearing before the Planning and Zoning Commission, including Map Amendments, Conditional Use Permits, Zoning Variances and Minor Variances, and Zoning Text Amendments. A typical development action will take from 45 to 90 days to process. REQUIRED FORMS AND ATTACHMENTS For all actions requiring a public hearing, information must be submitted in accordance with the following checklist: CHECKLIST Zoning Map Amendment Conditional Use Permit Zoning Variance Zoning Text Amendment Zoning Variance-Minor Use Variance Staff Plat Review Subdivision 1 Application Fee (Page 2) X X X X X X X X 2 Narrative Description of Proposal X X X X X X X X 3 FORM A - Public Hearing Application (Page 5) X X X X X X X X 4 FORM B – Zoning Map Amendment Application (Page 9) X 5 FORM C – Conditional Use Permit Application (Page 10) X 6 FORM D – Zoning Variance Application (Page 12) X X 7 FORM E – Use Variance Application (Page 15) X 8 FORM F – Plat/Development Application X 9 Proof of Ownership and/or Notarized Written Consent from the Property Owner X X X X X X 10 Plat of Survey with Legal Description X X X X X X 11 List of Owners of all Abutting Properties X X X X X 12 Public Hearing Notice (Created by staff, sent by petitioner) X X X X X X 13 Site Plan X X X X X X X 14 Landscaping Plan ? ? ? ? X 15 Architectural Rendering of Building Elevations ? ? ? ? ? 16 Traffic Analysis ? ? ? ? ? 17 School Impact Analysis ? ? ? ? ? 154 Public Hearing Application Packet Page 2 of 22 SUBMITTAL OF APPLICATION FORMS AND ATTACHMENTS - REQUIRED COPIES A preliminary draft of the application forms and attachments should be submitted to City Staff for review before finalizing the application. This review will help ensure that the application forms have been completed correctly and that all required attachments have been included. After receiving confirmation from City Staff, a petitioner can proceed by providing one (1) original plus fifteen (15) copies of all required application forms and attachments and a full legal description of the property prior to the application deadline, as listed below. All plans and oversized documents must be folded to 9” x 12” or smaller; rolled sheets will not be accepted. COVID 19 Note: Please submit all applications and attachments electronically via email to csheriff@cityofmchenry.org until further notice. All meetings shall be conducted via the Zoom Web Conferencing Application. 2021 PUBLIC HEARING DATES AND APPLICATION DEADLINES Public hearings before the Planning and Zoning Commission are held at 7:00 p.m. in the City Council Chambers, at the McHenry Municipal Center, 333 S. Green Street, McHenry, IL 60050. To be considered for scheduling before the Planning and Zoning Commission, all required application forms and attachments must be submitted to the City Planner, Cody Sheriff csheriff@cityofmchenry.org, who is located at the McHenry Municipal Center, no later than 4:30 p.m. on the date of the application deadline. A public hearing date will be confirmed only if all application forms have been completed correctly and all required attachments have been provided. APPLICATION FEES Note: * The applicant is required to pay all of the City’s personnel expenses incurred in relation to their request which may require a retained personnel deposit for any outside consultation. Public Hearing Dates Application Deadlines Public Notice Deadline January 27, 2021 January 1, 2021 January 8, 2021 February 17, 2021 January 22, 2021 January 29, 2021 March 17, 2021 February 19, 2021 February 26, 2021 April 21, 2021 March 26, 2021 April 2, 2021 May 26, 2021 April 30, 2021 May 7, 2021 June 16, 2021 May 21, 2021 May 28, 2021 July 14, 2021 June 18, 2021 June 25, 2021 August 18, 2021 July 23, 2021 July 30, 2021 September 15, 2021 August 20, 2021 August 27, 2021 October 20, 2021 September 24, 2021 October 1, 2021 November 17, 2021 October 22, 2021 October 29, 2021 December 15, 2021 November 19, 2021 November 26, 2021 Zoning Map Amendment (Rezoning)$950 Conditional Use Permit (CUP)$950 Zoning OR Use Variance $950 Zoning Ordinance Text Amendment $950 Staff Plat Review $950 Zoning Variance – Minor $175 155 Public Hearing Application Packet Page 3 of 22 PUBLIC NOTIFICATION REQUIREMENTS In order to advise adjacent property owners and the general public of a public hearing, the petitioner must complete certain public notice requirements, including: 1) A hearing notice must be published in a local newspaper; 2) A notice must be sent to all property owners abutting or across the street (right-of -way) from the subject property; and 3) A sign must be posted on the property (except for minor variances). 1. Publish a hearing notice in the local edition of Northwest Herald newspaper for one day. The City Planner will draft a legal notice for the petitioner to send to the Northwest Herald. After reviewing the notice, and the information provided is deemed correct by the petitioner, the notice should be sent directly to the Northwest Herald, preferably by electronic mail, also indicating billing for the notice should be sent directly to the applicant rather than the City of McHenry: Shaw Media – Northwest Herald (815) 526-4459 (630) 368-8809 fax P.O. Box 250 Crystal Lake, IL 60039 publicnotice@nwherald.com If you e-mail the public notice, please call and confirm receipt of said notice at 815-526-4459 or the Classified Manager at 815-526-4439. NOTE: The notice must be provided to the newspaper at least three days prior to the desired publication date by 11:00 a.m. 2. Send a copy of the hearing notice via certified mail, return receipt requested, to the owners (last known taxpayer) of all parcels of property that are abutting or across the street (right-of-way-improved or unimproved public street, alley, body of water or railroad) from the subject property. The City Planner will provide the petitioner with a list of adjacent property owners. Property mapping and locations of abutting properties, parcel pin numbers and addresses can be most easily obtained by utilizing the following McHenry County mapping system link http://www.mchenrycountygis.org/Athena/ however the most accurate property ownership (most recent taxpayer) information should be obtained by utilizing the McHenry County Treasurer’s Office on-line parcel search function which can be accessed using the following website http://mchenryil.devnetwedge.com/. 3. Post a sign in the front yard of the subject property where it is visible from a public street and no further than thirty (30) feet from the edge of the right-of-way. A poster sign is provided by the City but it must be posted by the applicant if requested by City Staff. The sign must remain in place until the public hearing is concluded, and should be removed immediately thereafter. NOTE: Requests for Minor Variance are exempt from sign posting requirements. A Minor Variance is defined as follows: MINOR VARIANCE: a variance granted to the fee owner, contract purchaser or option holder of a single-family detached or attached dwelling or single-family detached or attached building lot for that dwelling or lot. 156 Public Hearing Application Packet Page 4 of 22 VERIFICATION OF PUBLIC NOTICE In order to verify the completion of the public notice requirements, the applicant must provide the following items to the City Planner preferably at least five (5) days in advance of the public hearing (or on the date of the hearing with City of McHenry approval): 1. A “Certificate of Publication” from the Northwest Herald for the hearing notice. 2. Postal Return Receipts (white mailing receipts and green return cards) from the certified mailing along with any returned mail. 3. A signed and notarized affidavit stating that the applicant has completed all of the public notice requirements. (located on Form A) The affidavit should not be submitted until all notification requirements have been met. If you don’t have access to a notary, you can complete this document at City Hall, where a notary is available. Quick Links: • Interactive Planning, Land Use, and Zoning Maps 157 Public Hearing Application Packet Page 5 of 22 File Number PUBLIC HEARING APPLICATION Plan ning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 1. Name of Applicant Home of the Sparrow, Inc. Tel 815-271-5444 Address 4209 W. Shamrock Unit B McHenry, IL 60050 Email ddegraw@HOSparrow.org 2. Name of Property Owner Tel (If other than Applicant) Address Fax Email ______________________________________________________ 3. Name of Engineer Tel (If represented) Address Fax Email ______________________________________________________ 4. Name of Attorney Tel (If represented) Address Fax Email ______________________________________________________ 5. Common Address or Location of Property 2116 N. Ringwood Rd McHenry, IL 60050 6. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) Zoning Variance – Minor (Residential) X Conditional Use Permit Zoning Text Amendment X Zoning Variance (Non-residential) Use Variance NARRATIVE FORM A 158 Public Hearing Application Packet Page 6 of 22 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: Home of the Sparrow operates a Transitional Shelter located at 2116 Ringwood Rd McHenry Il and has for 30 years since 1991. The shelter was previously located in McHenry County and was recently annexed into the City of McHenry, therefore, requesting a conditional use for the City of McHenry to operated the shelter within conforming use, 159 Public Hearing Application Packet Page 7 of 22 7. Current Use of Property The property is currently being used as a Transitional Shelter and was previously in the jurisdiction of McHenry County. This property was annexed into the City of McHenry and therefore requesting a conditional use. 8. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning Map) The property is currently defined by the City of McHenry ordinance as an ‘Institutional Use”. Which requires a conditional use permit. Since the property was annexed into the City we are requesting a re- classification as conforming vs. being classified as legal nonconforming use which would negatively impact our ability to seek financing/insurance since the use would not be able to be re-established if the property is damaged or destroyed to the extent of 50% or more of the replacement value. 9. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map) North: RS3 South: RS4 East: RS3 West: C2 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee (amount) $ 2. Narrative Description of Request 3. FORM A – Public Hearing Application 4. FORM B – Zoning Map Amendment (Rezoning) Application 5. FORM C – Conditional Use Application 6. FORM D – Zoning Variance Application 7. FORM E – Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis 160 Public Hearing Application Packet Page 8 of 22 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) 161 Public Hearing Application Packet Page 9 of 22 AFFIDAVIT OF COMPLIANCE WITH PUBLIC NOTICE REQUIREMENTS (TO BE COMPLETED AFTER ALL PUBLIC HEARING REQUIREMENTS ARE FULFILLED) The undersigned, being first duly sworn, on oath deposes and states that all public notice requirements provided in the City of McHenry Zoning Ordinance have been met in connection with the current application before the City of McHenry Filed by: (Applicant’s Name and Address) For approval of: (Requested Action) ______________________________________ (Applicant’s Signature) ______________________________________ (Applicant’s Name and Address) ______________________________________ Subscribed and sworn to before me this ___ ______ day of ___________, 2020. __________ Notary Public 162 Public Hearing Application Packet Page 10 of 22 FORM B File Number ZONING MAP AMENDMENT (REZONING) Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 Table 33 of the City of McHenry Zoning Ordinance provides that in recommending approval of a Zoning Map Amendment (Rezoning), the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Compatible with Use or Zoning of Environs The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs. 2. Supported by Trend of Development The trend of development in the general area since the original zoning of the affected property was established supports the proposed use(s) or zoning classification. 3. Consistent with Comprehensive Plan Objectives The proposed use(s) or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. 4. Furthers Public Interest The proposed use(s) or zoning classification promotes the public interest and not solely the interest of the applicant. 163 Public Hearing Application Packet Page 11 of 22 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. There are no impact to traffic flow 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. The Shelter has been in operation for 30 years at this location, and has been a good neighbor providing NO effects on the environment. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. The Shelter has been located in this plot for 30 years and has harmoniously fit into the area with no bearing on property values and has been a good neighbor. 164 Public Hearing Application Packet Page 12 of 22 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The proposed use will not impact the public services to a degree that us disproportionate that would normally be expected. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. The proposed use will not be detrimental to the vicinity. The shelter has been located on this property since 1991. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The proposed use is compatible to its current location as demonstrated since 1991. 165 Public Hearing Application Packet Page 13 of 22 FORM D File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. Home of the Sparrow is requesting the conditional use because of the annexation to the City. The shelter is now on City water and has installed a Fire Suppression System for safety measures to the community and its clients. The Shelter is on a main thoroughfare where other businesses, Churches reside. In order to have a conforming property the organization is requesting this conditional use since the annexation. 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 change to the property is that City water was brought into the building and a fire suppression system is installed. 166 Public Hearing Application Packet Page 14 of 22 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. The request is only for the operation of the Transitional Shelter by Home of the Sparrow to conform with City guidelines. 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. The shelter has been in operation since 1991 where annually 100 individuals of which 60% are children reside and call this home. Without this location women and children would be on the street in the community. This would present a severe hardship to all involved. 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. There are other businesses and churches located on Ringwood Rd. This does not represent a special privilege but rather a extraordinary service to the community _____________________________________________________________ 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. 167 Public Hearing Application Packet Page 15 of 22 This variance and conditional use is necessary in order to continue to provide services to the community at large. This shelter is a huge asset to the City of McHenry and its residents. 168 Public Hearing Application Packet Page 16 of 22 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. The shelter has been located on this parcel since 1991 with no adverse effects to the vicinity. 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. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. The variance will provide the City of McHenry and its residents a local resource to help people in need that otherwise might be on the streets. The use is reasonable and minimal. 169 Public Hearing Application Packet Page 17 of 22 FORM E File Number USE VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. The use of the building is to provide safe and decent short-term shelter to homeless women and children. Of which 65% are children without this facility there would be an impact of increased homeless individuals on the street in the community. This facility is an asset to the City. 2. Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. The property is geared to provide shelter and will be used only accordance with the conditional use permit guidelines. 3. Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. 170 Public Hearing Application Packet Page 18 of 22 There are other businesses on Ringwood Rd. However, this is the only shelter located on this roadway and location. Therefore, the organization is requesting the conditional use within this vicinity, 4. Not Alter Local Character The granting of the use 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. The Transitional Shelter has been on this site location for 30 years without an impact. 5. Consistent with Comprehensive Plan The granting of the use 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. 171 Public Hearing Application Packet Page 19 of 22 Form F PLAT/DEVELOPMENT APPLICATION City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 1. Name of Applicant Tel Address 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 6. Requested Action Preliminary Plat Final Plat Development Provide a brief description of the Requested Action. For example, indicate the number of lots and the type of subdivision (single-family, townhome, commercial, industrial, etc.) or include a description of the development project: 172 Public Hearing Application Packet Page 20 of 22 173 Public Hearing Application Packet Page 21 of 22 7. Current Use of Property The current use is a Short Term Transitional Shelter for Homeless Women and Children and has been since 1991. 8. Current Zoning Classification of Property, Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: East: West: 10. Required Attachments - Please refer to the attached checklist. 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. 174 Public Hearing Application Packet Page 22 of 22 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 the City process this application in accordance with the codes and ordinances of the City. Signature of Applicant(s) Print Name and Designation of Applicant(s) 175 Copyright County of McHenry 2021. All information is provided 'as-is' with no guarantee of accuracy, completeness, or currency. Page 1 of 1 176 177 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org DISCUSSION AGENDA SUPPLEMENT TO: Mayor and City Council FOR: October 4, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: North Pointe Development – 812 N. Mill Street – Conceptual Multifamily Redevelopment Presentation ATT: 1. North Pointe Development – Portfolio and Site Plan AGENDA ITEM SUMMARY: North Pointe Development is proposing to redevelop 812 N Mill Street (former Taylor Made Golf historic site) that involves the construction of a 46-unit apartment building, adaptive repurpose of the historic Mill Building, and the construction of a new 4-unit townhouse. The developer met with adjoining residents on Wednesday, September 22, 2021 to seek feedback. The developer is presenting their conceptual plan to City Council to gain feedback on the proposed use of the property prior to the October 20th Planning & Zoning Commission Meeting and the November 1st City Council Meeting. North Pointe Development is requesting feedback on the proposed site plan and potential façade elevations prior to the October 20th Planning & Zoning Commission Meeting. 178 Preliminary Development Meeting Site: Mill Street & W. Crystal Lake Road Assemblage August 18, 2021 179 180 Multifamily Developments Project Name Location Units Property Type Rivers Senior Living Oshkosh WI 60 New Construction Bayshore Townhomes Sparta WI 32 New Construction Fair Acre Townhomes Oshkosh WI 55 New Construction Kenwood Senior Living Ripon WI 24 New Construction The Fountains of West Allis West Allis WI 35 Acquisition/Rehab Blackstone Harbor Apts. Sister Bay WI 24 New Construction Oconomowoc School Apts. Oconomowoc WI 55 Adaptive Reuse/Historic Nicolet Townhomes De Pere WI 60 New Construction Anthem Luxury Living Oshkosh WI 80 New Construction Mercantile Lofts Milwaukee WI 36 Adaptive Reuse/Historic Shoe Factory Lofts Milwaukee WI 55 Adaptive Reuse/Historic The Rivers Phase II – Senior Oshkosh WI 40 New Construction Woolen Mills Lofts Appleton WI 60 Adaptive Reuse/Historic Century Building Milwaukee WI 44 Adaptive Reuse/Historic Cranberry Woods Wisconsin Rapids WI 40 New Construction Bayside Senior Apartments Oconto WI 42 New Construction Whispering Echoes Winneconne WI 28 New Construction Regency Place Senior Little Chute WI 40 New Construction Centralia View Wisconsin Rapids WI 40 New Construction City Center Brillion WI 40 New Construction Crescent Lofts Appleton WI 69 Adaptive Reuse/Historic Under Construction The Limerick Fitchburg WI 125 New Construction Cabrini School Apts. Oshkosh WI 33 Adaptive Reuse/Historic 2021 Awards Sawyer School Lofts Sturgeon Bay WI 15 Breakwater Apts. Sturgeon Bay WI 53 Oak Meadow Senior De Pere WI 55 Uno’s Madison Madison WI 61 Prairie Place McFarland WI 49 Smith School Lofts Oshkosh WI 31 Quentin Road Apts. Palatine IL 58 Total Units 1,439 181 182 183 184 185 186 187 188 189 190 191 192 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org DISCUSSION AGENDA SUPPLEMENT TO: Mayor and City Council FOR: October 4, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Common Wealth - 914 Front Street - Conceptual Multifamily Redevelopment Presentation ATT: 1. Common Wealth – Portfolio and Site Plan AGENDA ITEM SUMMARY: Common Wealth Development is proposing to redevelop 914 Front Street (former Roller Rink site) that involves the construction of a 50-unit, 3-story apartment building. The developer is presenting their conceptual plan to City Council to gain feedback on the proposed use of the property prior to the October 20th Planning & Zoning Commission Meeting. Common Wealth Development is requesting feedback on the proposed site plan and potential façade elevations prior to the October 20th Planning & Zoning Commission Meeting. 193 Mid-rise For more information, go to: www.commonwealthco.net/development 920.922.8170 info@commonwealthco.net Auxiliary Court 59 senior units 194 For more information, go to: www.commonwealthco.net/development 920.922.8170 info@commonwealthco.net OUR PORTFOLIO Commonwealth is unique in our breadth of knowledge, experience and ability to deliver housing that exceeds expectations, adds value and enhances the lives of the residents we serve and the communities in which we work. Our new construction developments are constantly evolving to provide our residents with the amenities and design features that they are looking for in the place they call home. To date, we have developed over 100 multifamily communities across 17 states; and have been cited as the nation’s 7th (2018) and 11th (2019) largest affordable housing developer by Affordable Housing Finance (AHF), and Best Affordable Housing Developer 2020 – USA by BUILD Review. FEATURE MIDRISE PROJECTS* l AUXILIARY COURT West Bend, WI 59 Senior Units l HARBORSIDE COMMONS Kenosha, WI 89 Senior Units l LYNNDALE VILLAGE Grand Chute, WI 60 Senior Units l MADISON PLACE Beaver Dam, WI 62 Senior Units l MARQUETTE MANOR Milwaukee, WI 74 Senior Units l RIVERSIDE SENIOR APARTMENTS Fond du Lac, WI 46 Senior Units l RIVER FLATS Janesville, WI 96 Family Units l ST. PETER’S PLACE Fond du Lac, WI 46 Senior Units l THE ACE APARTMENTS Madison, WI 70 Family Units l THE EDGE ARTIST FLATS Fargo, ND 42 Family Units l THE EDGE FLATS ON SEWARD Grand Rapids, MI 34 Family Units l UNION SQUARE APARTMENTS Appleton, WI 50 Family Units *To view additional projects, visit www.commonwealthco.net/portfolio/. 195 Mid-rise For more information, go to: www.commonwealthco.net/development 920.922.8170 info@commonwealthco.net Edge Artist Flats 42 family units 196 Mid-rise For more information, go to: www.commonwealthco.net/development 920.922.8170 info@commonwealthco.net Riverside Senior Apts 47 senior units 197 198 STAFF REPORT FOR October 4, 2021 The purpose of this report is to provide the City Council and public with the most up-to-date information regarding the latest projects and happenings within the municipal government of the City of McHenry. This report is organized by operating department and will be updated and transmitted as part of each City Council Agenda Packet. Council is welcome to contact any Department Director for more information on any item included in this report, as well as topics from previous reports or items not included in the report. This report does not include projects or other information that is considered confidential in nature. ADMINISTRATION/FINANCE/HUMAN RESOURCES Contacts: Derik Morefield, City Administrator – 815/363-2109; Carolyn Lynch, Director of Finance –815/363-2117; Ann Campanella, Director of Human Resources – 815/363-2112 FY20/21 Financial Audit Director Lynch and Administrator Morefield, along with Alderwoman Miller as former Chair of the Finance and Personnel Committee, met remotely with city’s audit firm to review the results of the FY20/21 audit. The audit will now be finalized and brought before Council in October for reporting. Community Investment Plan Public Works Director Strange and Administrator Morefield are finalizing information for a presentation to City Council on the new General Fund Community Investment Plan. When complete, this document will serve as a capital improvement/equipment plan for the replacement and maintenance of improvements and equipment funded through the city’s General Fund. This will replace the city’s 5-year capital improvement plan (CIP). Finally, the document will identify funding sources for the General Fund to ensure that the replacement and maintenance of improvements and equipment can be completed. This information will be presented to the City Council in November. COMMUNITY DEVELOPMENT Contact: Ross Polerecky, Director of Community Development – 815/363-2182 Former Town Club Staff received word that plans for renovations are being finalized, construction should start soon on a new Tavern with a projected opening date of March 2022. 199 Authentix of McHenry Continental Properties informed staff that they closed on the Blake Farm property, permits are expected to be picked up and earthwork will begin immediately. Ride and Shine Car Wash 919 Front Street Work has started on a new Ride and Shine car wash at 919 Front Street. Downtown Streetscape Design A second steering committee meeting was held last week with Christopher Burke Engineering. Plans are still in the design phase. ECONOMIC DEVELOPMENT Contact: Doug Martin, Director of Economic Development – 815/363-2110 Illinois Municipal League Conference Director Martin and Coordinator Wolf attended the Illinois Municipal League Conference in Chicago. They attended sessions on Adult Use Cannabis, Downtown Revitalization, Streetscape, Ethics, How Retail was Impacted by Covid and TIF Districts. Tiny Shops sin the Downtown Area The Committee exploring tiny shops in the downtown area continues to meet and has narrowed its potential sites to three. After choosing a final site, the Committee will begin seeking sponsorships and working with its other committees. Retail Coach Staff is working on bringing the City Council an update from the Retail Coach on the progress that has been made over the past six months working with the City. More will follow on this. POLICE Contact: John Birk, Chief of Police – 815/363-2200 Calls For Service From September 1st, 2021 through September 26th, 2021 the McHenry Police Department handled 1862 calls for service. During the same timeframe, the police department’s very own dispatch center, Northeast Regional Communications Center (NERCOM) handled 9402 incoming telephone calls, 3350 of which were 9-1-1 emergency calls. 200 Calls of Note During the early morning hours of September 23rd, 2021, unknown offenders committed a burglary at Auto Villa, 3017 W. IL Route 120, and took a Jeep Grand Cherokee. The offenders then committed a burglary at Liquor and Wine Place, 2202 W. IL Route 120. Taken in this incident was an ATM machine. The suspect vehicles were last seen travelling east on I-290 at a high rate of speed. These types of burglaries have been reported in numerous Chicagoland area communities, including one in Lakemoor the same morning. Public Relations / Affairs The Special Olympics - Illinois Truck Convoy took place on September 25th, 2021. Officer Marc Fisher and Officer Ashley O’Herron both participated in the event to raise money for Special Olympics - Illinois. The Lake in the Hills Police Department joined with us this year by sending an officer and a squad to participate in the event. Personnel Update The following personnel have recently completed the respective years of service with the McHenry Police Department: • Chief John Birk – 22 years • Detective Robert Roske – 22 years • Officer Jill Foley – 22 years • Executive Assistant Debora Shuett – 18 years • Telecommunicator Tracy McNamara – 17 years • Officer Jack Zumwalt – 10 years • Officer Samuel Shafer – 7 years • Telecommunicator Kelly Schmitt – 7 years • Officer Ryan Ehardt – 6 years • Telecommunicator Ryan Miller – 6 years • Telecommunicator Dexter Barrows – 5 years • Telecommunicator Patricia Garrett – 5 years • Telecommunicator Maria Joseph – 5 years • Officer Susan Ellis – 2 years On September 10th, 2021 the police department conducted a swearing-in ceremony for Officer Matthew Szoke. Officer Szoke in currently attending basic training at the Police Training Institute of the University of Illinois at Urbana-Champaign. Training Sergeant Kelly Ducak completed a Sexual Assault Investigator course hosted by the Crystal Lake Police Department. Public Affairs Officer Michael Spohn completed an Implementing Social Media Strategy for Law Enforcement Agencies course hosted by the Burr Ridge Police Department. 201 McHenry Police Department officers are participating in annual Use of Force / Defensive Tactics Training. PUBLIC WORKS Contact: Troy Strange, Director of Public Works – 815/363-2126 Street Division Street Division staff efforts to complete ADA sidewalk ramps in advance of the 2022 Road Resurfacing Program are ongoing. Other ongoing work includes rural right of way mowing, street sweeping, and pothole patching. Street Division staff assisted with setup of no parking signs and delivery of equipment for the Rise Up Foundation benefit concert the weekend of 9/24 & 9/25. Utility Division Fall hydrant flushing is now completed and Utility Division staff are returning to normal Fall maintenance operations. Hydrant repair/replacement work at Shopper’s Way and Water’s Edge Drive was completed the week of September 27. Televising work of sanitary sewers along Route 31 for condition inspections will continue through the Fall. This televising work is being completed to assist Patrick Engineering with its design services for the Route 31 Utility Relocation Project. Water Division A ComEd surge caused damage to the electric service feed for Water Well #9 on Saturday September 18. Staff responded to the event on overtime that weekend, brought in an electrical contractor for repairs and monitored tower levels until repairs were completed on Monday September 20. Veteran’s Park Resurfacing All concrete work was completed the week of 9/27. Asphalt milling and structure adjustments will follow shortly and the project is anticipated to be 100% complete by the beginning of November. Knox Park Parking Rehabilitation The project was released for bidding the week of 9/20. Bids will be received on October 6th and construction is intended to begin this fall. The completion date for the project is set to be complete before Memorial Day weekend in 2022. 202 PARKS AND RECREATION Contact: Bill Hobson, Director of Parks and Recreation – 815/363-2159 Riverwalk Bridge Closed The Cunat Bridge over the Riverwalk will be closed October 4 – 6 as crews work on replacing brick pavers on the ramps leading onto either end of the bridge. Public Piers Staff anticipates construction of the new public piers off of the Riverwalk to begin construction late next week. The three new finger piers will add at a minimum 6 additional public pier spaces for boaters. McCullom Lake Staff are receiving quotes at this time for a treatment of the Eurasian Milfoil in McCullom Lake for the Spring of 2022. TIF District Extension Director Hobson will attend the McHenry Library District Board meeting on October 19th to discuss the extension of the TIF district. 203