HomeMy WebLinkAboutPacket - 10/2/2023 - 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 2, 2023, 7:00 p.m.
City Council Chambers, 333 S Green St, McHenry, IL 60050
1.Call to Order.
2.Roll Call.
3. Pledge of Allegiance
4. Public Comment
5. Consent Agenda. Motion to Approve the following Consent Agenda Items as presented:
A.Snow and Ice Control Policy. (Public Works Director Wirch)
B.Sidewalk and Curb Policy. (Public Works Director Wirch)
C.Authorization to enter into a class action settlement as a claimant for the PFAS contamination of
the Public Water Supply, utilizing Zukowski, Rogers, Flood & McArdle as representation.
(Public Works Director Wirch)
D.Ordinance amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and
Fees; Approval Authority; Limitation on Number of Licenses; and Title 4, Chapter 6, Video
Gaming Terminals, Editing Section 4-6-8, Subsection A – Number of Licenses, of the McHenry
City Code. (Deputy City Clerk Johnson)
E.Reject all submitted bids for the Sheriff’s Marine Unit Building at Miller Riverfront Park. (Parks
and Recreation Director Hobson)
F.September 18, 2023 City Council Meeting Minutes;
G.Issuance of Checks in the amount of $268,941.63.
6. Individual Action Item Agenda
A.Use Variation – 302 N. Front Street
Motion to approve an Ordinance granting a Use Variation for the property located at 302 N. Front
Street for the operation of a battery storage facility. (Community Development Director
Polerecky)
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B. Text Amendments - Building Regulations and Sign Code
Motion to approve an Ordinance granting Text Amendments to the McHenry Building Code
Regulations and Sign Code. (Community Development Director Polerecky)
C. Façade Grant – 5110 W. Elm Street
Motion to approve a Façade Grant in the amount of $6,573.50 for the property located at 5110
W. Elm Street. (Economic Development Director Martin)
7. Discussion Item Agenda
A. Establishment of a Downtown Dining and Entertainment District. (Staff)
8. Staff Reports.
Provided the 1st meeting of each month.
9. Mayor’s Report.
10. City Council Comments.
11. Executive Session as needed.
12. Adjourn.
The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further
information, please contact the Office of the City Administrator at 815-363-2108.
This meeting will be live streamed with a quorum of the City Council physically present. Public comments may only be
heard by members of the public physically present at the meeting. Remote public comments will not be heard. The public
can listen and view the meeting from the following link: https://cityofmchenry.zoom.us/j/86521787663
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Department of Public Works
Steve Wirch, 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 2, 2023
TO: Mayor and City Council
FROM: Steve Wirch, Director of Public Works
RE: Snow and Ice Control Policy Adoption
ATT: Snow and Ice Control Policy
AGENDA ITEM SUMMARY:
Staff requests that the City Council consider the adoption of the Snow and Ice Control Policy for the Public
Works Department’s winter operations.
BACKGROUND & ANALYSIS:
Since 2019, the Public Works Department has reformed its operations, structure, and budget to create
resources for capital maintenance construction and put maintenance operations on defined schedules
with defined resources. These reforms have led to the creation of a reliably funded local road resurfacing
program which on an annual basis is more than $2.4 million. One of the means through which these
resources were generated was through staff attrition. Prior to this process, the Public Works Department
performed maintenance tasks on a service request basis in which work was performed largely based upon
request only and not based upon a defined standard. As the transition to this new model has occurred,
staff created policies to define such standards and implement them consistently with the concurrence of
the City Council. The Snow and Ice Control Policy is utilized to define winter operations in terms of the
following:
1. Operational goals
2. Implementation strategy and prioritization of routes
3. Standard of care for routes and cul-de-sacs
4. Specific issues, types of services to be addressed, and driveway apron requests
5. Operational resources
On August 21, 2023, the Snow and Ice Control Policy was presented to City Council for discussion and
consideration. During the discussion, City Council did not request any changes to the policy presented.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to adopt the Snow and Ice Control Policy for the Public
Works Department’s winter operations.
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SNOW AND ICE
CONTROL POLICY
Public Works Department
October 2 , 2023
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Table of Contents
SNOW FIGHTING PLAN .......................................................................................................................4
Weather Prediction.................................................................................................................................... 4
Alerting Snow and Ice Control Personnel .................................................................................................. 4
Plow Routes ............................................................................................................................................... 5
Plowing Policy ............................................................................................................................................ 5
Salting Policy .............................................................................................................................................. 6
Downtown Business Districts, Sidewalks, Bike Paths and Municipal Lots ................................................ 7
Desired Results .......................................................................................................................................... 7
Property Damage ....................................................................................................................................... 7
Assistance to Private Property ................................................................................................................... 8
Departure from Policy ............................................................................................................................... 8
No Duty or Right Created........................................................................................................................... 9
SNOW REMOVAL RESPONSIBILITIES ...................................................................................................9
Police and Emergency Dispatch ................................................................................................................. 9
Public Works Department ......................................................................................................................... 9
Shift Supervisors .................................................................................................................................... 9
Snow Fighters....................................................................................................................................... 10
Home and Business Owners .................................................................................................................... 10
Motorists and Pedestrians ....................................................................................................................... 11
MANPOWER AND EQUIPMENT ......................................................................................................... 12
Personnel ................................................................................................................................................. 12
Vehicles and Equipment .......................................................................................................................... 12
Spreader Calibration ................................................................................................................................ 12
Route Marking ......................................................................................................................................... 13
Contracted Services ................................................................................................................................. 13
Two-way Radios ....................................................................................................................................... 13
Driver Notification ................................................................................................................................... 13
Smart Phones ........................................................................................................................................... 13
Service Requests ...................................................................................................................................... 13
USE OF DEICING CHEMICALS............................................................................................................. 15
Spreading Chemicals ................................................................................................................................ 16
Chemical Application Guidelines ............................................................................................................. 16
Use of Abrasives....................................................................................................................................... 17
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ACCIDENTS AND SAFETY ................................................................................................................... 18
Collision with Another Motor Vehicle ..................................................................................................... 18
Collision with Other Objects .................................................................................................................... 18
Requests for Reimbursement .................................................................................................................. 18
Safety ....................................................................................................................................................... 18
Drug and Alcohol Testing Procedures ..................................................................................................... 19
REFERENCES .................................................................................................................................... 19
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SNOW FIGHTING PLAN
The City of McHenry’s Public Works Department is responsible for the safe flow of traffic throughout the
city’s network of streets. The City of McHenry’s current roadway system, within its corporate limits,
includes about 131 center-line miles of pavement. Due to the topography of the city, these streets include
many steep grades and open areas where snow accumulations caused by drifting is extensive. These
conditions present some unique obstacles and are managed primarily with two (2) snow and ice control
tools:
1. Road salt may be applied before, during, and after a storm.
2. Roadway plowing is performed to remove accumulations from roadway surfaces.
These two tools may be utilized in various combinations dependent upon the variables of the storm, tool
effectiveness in each circumstance, and financial accountability.
Weather Prediction
Prediction of impending storms is imperative in the control of snow and ice. To keep staff directly aware
of a storm’s impact and evolution, the Public Works Department subscribes to a live, internet-based
weather radar service and a 24-hour staffed weather prediction service. In addition, local radar and
weather conditions are closely monitored. These types of data access are used by the Illinois Department
of Transportation (IDOT) and other local communities to provide accurate tracking of storms.
Each year, the City’s storm data access potential is reviewed and adjusted, especially as technology
evolves. An impending storm warning will initiate the assignment of snow and ice control tools and tasks
at the discretion of the Public Works Department’s Snow and Ice Control Supervisor. Impending storm
data is also relayed to the Snow Fighters to best prepare them for deployment.
Alerting Snow and Ice Control Personnel
When weather conditions call for snow and ice control operations, the Public Works Department’s Field
Operations Manager, his designee, or the Field Operations Supervisors will coordinate the snow fighting
effort as the Snow and Ice Control Supervisor. The Snow and Ice Control Supervisor will be charged with
the responsibility of keeping pertinent records of the event, responding to calls and concerns from
residents, the Police Department, or NERCOM, and making all decisions related to storm management.
During regular, daytime working hours, the Field Operations Manager or his designee will coordinate the
snow fighting effort. Utilizing the weather prediction resources, he will track the storm as well as possible,
deploy the Snow Fighters as necessary, and provide pertinent updates to field snow and ice control teams.
Furthermore, an assigned Field Operations Supervisor will be deployed to the streets to appraise plowing
activities and monitor progress.
For those hours other than regular, daytime working hours, a designated Snow and Ice Control Supervisor
will fulfill the aforementioned functions necessary to combat the winter event. More than likely, the Snow
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and Ice Control Supervisor will be a Field Operations Supervisor as each is assigned winter operations
responsibilities on a rotating shift basis. The Police Department can be field observers and notify the
appropriate shift Field Operations Supervisor. The Snow and Ice Control Supervisor will then determine if
and how many snow and ice control personnel are necessary, will contact the appropriate personnel for
deployment, and will assign each Snow Fighter to designated areas or plow routes.
Plow Routes
To coordinate snow and ice control effectively, the Public Works Department h as divided the city into
eleven (11) main plow routes. Route 1 and Route 2 are considered primary routes which consist of the
city’s heaviest traveled roads. The other nine (9) routes are broken up into sections that include all
residential neighborhoods.
Each truck is assigned a specific plowing route to maintain within the city. Plow routes are balanced
according to the number of miles serviced and the time required to complete each route. This ensures
that each route is completed in approximately the same amount of time. Those routes designated to, and
serviced by, our largest service vehicles are between ten (10) and fifteen (15) miles long. Most all able
equipment is assigned and utilized, with backup units available should units break down or the nature of
the event requires additional deployment.
The Illinois Department of Transportation (IDOT) generally plows and maintains the two (2) main State
routes (IL Route 31 & IL Route 120) within our corporate limits. Counties and Townships that overlap our
jurisdiction also manage snow and ice control routes within our corporate limits. I ntergovernmental
Agreements with McHenry Township and Nunda Township are in place for certain streets for continuity
of winter operations for both agencies.
The downtown business districts in the City of McHenry are the responsibility of the Parks & Downtown
Maintenance Department; snow and ice removal is done under the supervision of the Parks & Downtown
Maintenance Superintendent or his/her designee.
Plowing Policy
The goal of the Public Works Department is to clear the city streets as effectively and efficiently as possible
by utilizing an effective combination of snow and ice control methods. In the interest of protecting the
environment and controlling costs, storm duration application of deicers will be performed sparingly , and
typically only when mechanical plowing methods fail to provide desired results or when hazardous
conditions exist.
In order to maintain the safety of the street syst em that is necessary for routine travel and emergency
services during a winter storm event, the following snow removal priorities have been established:
•First priority is the primary snow routes. This includes arterial and main collector roadways which
connect major sections of the city to provide access for emergency fire, police, medical services,
schools, and commercial businesses or area bus routes. Based on the current weather prediction
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the two (2) primary snow routes will be given early service prior to the event to keep these roads
in a passable condition for as long as possible during the onset of the event.
• Second priority is the local roadways (neighborhood and residential streets). Overnight
snowplowing shifts (non-daytime hours) will be staffed in a mode which may lead to longer route
intervals in neighborhood routes.
• Third priority is the cul-de-sacs and dead-end streets. Cul-de-sac and dead-end street service is
no longer completed with a separate shift but completed as a follow-on operation during normal
business hours.
Those streets most heavily traveled are the arterial and collector roadways and are therefore, considered
higher on the service list of priority streets. Opening a typical street consists of making one pass with the
plow in each direction. This procedure may be done on several streets before the plow returns to push
back the remaining snow accumulation to the approximate curb line. If a snowstorm is extremely heavy,
this procedure may be repeated many times before the streets can be cleared completely or “curb-to-
curb” as it is often referred.
The next order of priority is the plowing and/or deicing of the local road ways within the subdivisions.
These roads are broken down into nine (9) plow routes and are generally staffed once the onset of the
event occurs. In the event of minor accumulations of snow or ice that may only require the application
of road salt the city will be broken into quadrants (NE, NW, SE, SW). This will allow the truck to make one
pass down each city street to either center line salt or spot salt based on conditions. The final order of
priority is the cul-de-sacs and dead-end streets which will be kept open by the route drivers during the
storm, but due to the much smaller amount of traffic and the extended length of time necessary to clear
the cul-de-sacs and dead-end streets, final “curb-to-curb” clean-up will occur as a follow-on operation
after the storm has subsided. This operation will take place during regular working hours whenever
possible. In all snow removal operations, cul-de-sacs are among the greatest operational challenges and
public relations issues.
The amount of snow, weather conditions, and the travel time required between neighborhoods within
the route may dictate the need for some modification of the plowing routines in actual practice.
Salting Policy
The City of McHenry’s 800-ton salt storage facility is located near the Wastewater Treatment Plant at 3200
Charles J. Miller Road. During the snow season, the Public Works Department utilizes an indoor storage
area at the Public Works Facility located at 1415 Industrial Drive that can store 600 tons of road salt. This
facility allows the Public Works Department the necessary reserves of salt.
In the Public Works Department’s commitment to protecting the environment and controlling costs, salt
is applied as sparingly as able, typically two to three hundred (200-300) pounds per lane mile as needed.
With the addition of a mix of salt brine and beet heat (70% salt brine and 30% beat heat) added to the salt
product, the Department has increased its ability to deal with colder temperatures, but often a
combination of tire traffic and/or sunshine is needed to enhance the workability of these treatments. For
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this reason, cul-de-sacs are salted only in extreme cases. The increased ability to melt snow and ice is still
not unlimited. Salt alone is effective to fifteen (15) degrees Fahrenheit. If street surface temperatures
drop below this temperature, salt becomes ineffective. If the salt is treated with the brine and beet heat
solution, it provides the salt product the ability to be effective down to a road surface temperature of five
(5) degrees Fahrenheit. For this reason, all Public Works salt capable units can apply this solution to the
salt product as it is distributed upon the roadway.
Finite quantities of ice control materials and/or conditions that may render ice control ineffective make
for extremely difficult decisions about when, where, and how much material to apply. These decisions
must ultimately rest with the Snow and Ice Control Supervisor. The Snow and Ice Control Supervisor will
attempt to respond to all problem areas, but sufficient stores of material must be preserved for the more
dangerous hills and more heavily traveled roadways.
Downtown Business Districts, Sidewalks, Bike Paths and Municipal Lots
Snow removal and/or deicing of the downtown business districts, sidewalks, bike paths, and m unicipally
owned and maintained parking lots are performed by the Parks & Downtown Maintenance Department,
completed at the direction of the Parks & Downtown Maintenance Superintendent or his/her designee.
Future consideration may be the combination of all winter operations into one (1) operation for continuity
and utilization of city assets.
Desired Results
All communities that publish a Snow and Ice Control Policy utilize the document to set a goal or standard
for their specific winter operation. In actuality, that standard is generally a measurement of effectiveness
on how quickly the roadways within the jurisdiction can be cleaned to bare pavement after all snowfall
has ceased.
Although the Public Works Department strives to clear all roads down to bare pavement and curb-to-curb,
the Department is unable to guarantee this due to extreme conditions and limits to manpower and
equipment. To that end, the Public Works Department cautiously sets the standards high but considers
current limitations. The overall goal in this Snow and Ice Control Policy is to clear all roadways (from
arterial to local roads) of all snow accumulation within eight (8) hours after the snow has stopped. This
policy dictates curb-to-curb snow removal on all roadways with an additional standard of bare pavement
on all arterial and collector roads, hills, curves, and intersections within the specified 8-hour period. Mid-
block hard packed snow, bladed to a minimum thickness, is acceptable on most local roads.
Ideally, this standard would be met every time. However, because of many uncontrollable variables, a
truly attainable result would be to meet the standard of a 12-hour completion for 80% of the storms in
any given season.
Property Damage
Throughout the course of operations of snow and ice removal, a certain amount of damage may occur to
the parkway and City property due to the plow riding up over the curb or traveling off the pavement. The
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Public Works Department will repair parkway damage with the use of pulverized dirt and seed in the
spring when weather permits. If the sod is rolled back in such a way that it could be restored, this repair
will be done by maintenance repair crews. However, the responsibility of watering repairs will fall to the
adjacent homeowner. Damage to sod due to the inadvertent splashing of salt brine will not be treated by
the City.
Concerning the installation and maintenance of mailboxes, the ordinances approved by City Council are
as follows:
• The homeowner will be responsible for the repair and replacement of the mailbox and post if it is
damaged or knocked down by the snow coming off of the plow (the windrow) and not the direct
hit from the city plow. Therefore, the City of McHenry will only replace mailboxes/posts if hit
directly by a city plow. (Ordinance No. MC-16-1133, Approved September 6, 2016)
• The Public Works Department will assess the mailbox to determine if it was damaged by a direct
hit from the city plow:
o Mailboxes will be replaced or repaired with a standard rural steel mailbox unit, and posts will
be replaced with a 4x4 wooden post.
o The City is not responsible for any c osts of repair or replacement in excess of $250.00 for
damage to any mailbox. All cost reimbursements of a damaged mailbox will be made only
with the presentation of sales receipts for materials used in such repair and replacement. A
Check Request Form must be completed.
o All labor or cost of labor to install the mailbox will be the responsibility of the owner of the
mailbox.
• Curbside mailboxes in the City right-of-way will be mounted on a wooden post no smaller than
four (4) inches by four (4) inches and firmly secured in the ground. Use of masonry columns and
structures erected on the parkway to protect mailboxes such as large boulders, steel beams,
concrete or brick structures, or similar devices are prohibited. Mailboxes and support structures
will be installed within but no closer than six (6) to eight (8) inches from the edge of the street
pavement or the back of the street curb if a curb exists. The bottom surface of the mailbox cannot
be less than forty-one (41) inches and not more than forty-five (45) inches from the ground.
Curbside mailboxes and support structures cannot be installed within ten (10) feet of the point of
curvature at any street intersection.
Assistance to Private Property
Under no circumstances will a City employee be allowed to use a City vehicle to push, pull, or tow a private
vehicle. The City employee should notify the Snow and Ice Control Supervisor if there is any possibility of
a hazard. Likewise, under no circumstances should a City vehicle be used to clear snow from private or
commercial property, and no employee is allowed to use privately-owned equipment during working
hours. This includes the removal of snow from driveway aprons, private residential sidewalks and multi -
use paths.
Departure from Policy
In recognition of the possibility of unusual or unexpected conditions, the City authorizes departure from
these general policies. In extreme cases where conditions warrant, the Public Works Director in
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consultation with the City Administrator or his/her representative may order departure from these
general rules.
No Duty or Right Created
The purpose of this policy is to establish goals for snow and ice control. It is not to be construed to create
any duty to any individual or entity. The policy does not provide or promise any special protection or
service to any particular individual or group of individuals. No additional rights shall be granted to any
individual or entity by adoption of strikes, equipment breakdown, weather conditions, inadequacy of
equipment, state or federal regulations, shortage of personnel, and any unforeseen, uncontrolled, or
unanticipated acts.
SNOW REMOVAL RESPONSIBILITIES
Responsibility for snow and ice control is shared by everyone throughout the City of McHenry. The most
efficient snow removal plan requires coordination of all City personnel as well as the cooperation of local
businesses and residents.
Police and Emergency Dispatch
The Police Department and Northeast Regional Communications Center (NERCOM) perform an important
and integral role in the snow fighting operation. Their critical functions include:
• Notifying the Public Works Department when street conditions become slippery and dangerous
(especially when this occurs after-hours) and weather conditions change unexpectedly.
• Assisting in keeping streets clear of parked vehicles during snow removal.
The Snow and Ice Control Policy cannot be successful without complete coordination and commitment
between the Police Department, NERCOM, and the Public Works Department. The Police Department and
NERCOM’s commitment in assisting to ensure safer roads and motorist safety will make the Public Works
Department’s snow and ice removal operations timelier, more efficient, and that much stronger.
Public Works Department
All Public Works staff is considered an important part of the snow and ice control efforts of th e City of
McHenry and all staff is expected to participate in this important aspect of public work.
Shift Supervisors
For the purpose of managing snow and ice control responses, Field Operations Supervisors are assigned
responsibility for snow and ice control events on a rotating shift basis.
During a snow event, the Shift Supervisor will be the Snow and Ice Control Supervisor and will be charged
with the responsibility of keeping pertinent records of the event, responding to the calls and concerns
from residents, the Police Department, or NERCOM, and making all decisions related to managing the
storm. The Supervisor will also be expected to patrol the city during the snow fighting operation to look
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for problem areas, assist where and when needed, and stay in constant communication with the Snow
Fighters to determine progress of the snow removal effort. When a storm can be handled simply by
salting, the Shift Supervisor will be responsible for determining if and how many snow and ice control
personnel are necessary, will contact the appropriate personnel for deployment, and will assign each
Snow Fighter to designated areas or plow routes.
Snow Fighters
For the purpose of this Snow and Ice Control Policy, there are two (2) designated shifts of Snow Fighters.
The shift times are 7:00 a.m. to 11:00 p.m. and 11:00 p.m. to 7:00 a.m. When snow events occur during
the regularly scheduled workday, Field Operations personnel will be responsible to fill all snow routes with
Snow Fighters.
The period of time from November 15th through March 31st is considered “snow removal months” per the
Collective Bargaining Agreement. Prior to November 15th every year, each Snow Fighter in the Public
Works Department will be notified of his/her shift, assigned route, and assigned truck with snow removal
equipment. It may be required during certain events that personnel may need to be reassigned to another
shift, route, and/or truck to fill each designated plow route with operable equipment. Each driver will be
responsible for general maintenance of trucks and equipment and will help do minor repairs as needed.
The Snow and Ice Control Supervisor may assign the driver to another truck if the repairs are not minor
and require too much time and effort to get the truck back on the road during a winter event.
When a Snow Fighter finishes his/her assigned area, he/she will check with the Snow and Ice Control
Supervisor for reassignment until all plow routes are completed. The snow and ice operation is a collective
effort and is not considered complete until all streets are cleared of snow, curb-to-curb, intersections are
pushed back for visibility, and all critical municipal properties are accessible.
When the snow and ice control operation is completed per the Snow and Ice Control Supervisor, Snow
Fighters shall wash the salt off the outside of the trucks, remove any trash and debris from the interior of
the truck’s cab, and make sure the trucks are loaded with salt and fuel, if necessary, for any more predicted
storms. If no further winter weather is anticipated, the trucks should be left clean and empty of salt,
making sure that the auger, spinner, and box are completely free of salt and residue and that the pre -
wetting equipment has been purged and washed as required. Once t he Snow Fighter’s truck has been
stowed properly, the driver shall check in with the Snow and Ice Control Supervisor prior to leaving for
home.
Home and Business Owners
Snow and ice control policies are valuable tools adopted by Public Works’ agencies to define snow and ice
removal standards for city rights-of-ways under its direct control. However, the operation is only partially
successful if it is not supported with a cooperative effort from each resident and business owner within
the community.
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Home and business owners must always refrain from depositing snow or ice from private property or
public aprons on to streets or alleys. This practice creates an unnecessary hazard for motorists and
pedestrians and costs additional expenses to dispatch drivers back into areas to remove such deposits.
Motorists and Pedestrians
The Public Works Department demands that its Snow Fighters follow all the rules of the road at a minimum
and take extra caution as conditions and situations demand. The motorist, on the other hand, may be at
the end of an already long commute and wants nothing more than to get home and not to be caught
behind a “lumbering” plow truck. Poor decisions on the part of motorists to pass, t ailgate, and even cut-
off a snowplow vehicle often create considerable danger for the motorist and the plow driver. Snow
Fighters must always be aware of the road around them and be ready to defend against mistakes and
random acts of indiscretion by the motoring public.
It is in everyone’s best interest for snow and ice removal to be completed as quickly and safely as possible.
The best decision a motorist can make in a winter storm situation is to not be a motorist at all. Stay home
whenever possible until the road conditions allow for safe travel. When driving during a winter storm is a
must, please remember to use extra caution and leave plenty of additional time to reach one’s
destination; rushing in treacherous conditions is always a mistake. Motorists are asked to adhere to the
following:
• Maintain a safe distance between snow removal equipment and your vehicle.
• Give snow removal equipment the right-of-way whenever possible.
• Never attempt to pass snow removal equipment on a City roadway! The only safe time to pass a
plow vehicle is on a multiple-lane highway when there is an open travel lane to the left side of the
equipment. When passing snow removal equipment, check to make sure that the driver is aware
of your presence and that you leave sufficient distance from the equipment to your vehicle before
moving back in front of the plow.
• Do not use high beams when driving behind snow removal equipment as the bright light can shine
in the driver’s side mirror and interfere with the operator’s vision.
• Do not park on City streets overnight or when snow accumulation exceeds 2 inches.
• Residents should keep all vehicles in private driveways.
• Snowmobiles and all-terrain vehicles are prohibited from being operated on City roadways and
properties. The dim lighting and erratic operation of such vehicles can easily confuse a plow driver
and presents an unnecessary hazard for all concerned.
Pedestrians, particularly children, should observe the following precautions in winter storm conditions:
• Walk during the daylight hours whenever possible. If walking at night, wear bright or reflective
clothing to stand out against the surroundings. Do not walk during blowing and severe conditions
when visibility is decreased. Stay back from roadways, use designated sidewalks and bike paths,
and where possible, use walking routes with less roadway traffic.
• Shovel snow to the right side of your driveway (as you face the street). This will limit the amount
of snow that the plow deposits in the driveway apron when the streets are cleared of snow. The
pile of snow being on the right side of the driveway will not block site lines from oncoming traffic
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moving along your street. For everyone’s safety, stockpile snow as far away from the curb line as
practicable.
• Discourage children from playing on and around snow piles near the street. Backyards are the
best location for children during and after winter storms, particularly when snow removal
operations are underway.
MANPOWER AND EQUIPMENT
The Public Works Department continues to monitor and assess its Snow and Ice Control Policy in an effort
to consistently improve practices, policies, and procedures and to provide the most effective and
responsible service to our citizens.
Personnel
As previously stated in the section of this document titled Snow Removal Responsibilities, snow and ice
control operations are the responsibility of every employee of the Public Works Department, as required.
Vehicles and Equipment
Various equipment is assigned to manage the city-wide snow and ice removal effort. To prepare for the
winter season, every year during the month of October, City Fleet Maintenance personnel inspect, repair,
and otherwise prepare all snow removal equipment for service. Snowplows, salt spreaders, and spreader
boxes shall be attached to the trucks, calibrated, and tested no later than November 1st of each year.
Once all equipment has been inspected, mounted, tested, and certified as ready for operation, the Snow
Fighters shall operate the vehicles over their routes on a dry run, in good weather, to ensure that it is
ready for service when the weather turns foul. This testing of equipment typically takes place as part of
the annual snow and ice control training meeting held every October. Any equipment failures or suspected
problems should be written up and reported immediately to Fleet Maintenance via current work order
submission processes. Repairs should be initiated as soon as possible and the equipment will be retested.
Spreader Calibration
No later than November 1st of each year, every salt spreader will be calibrated, and the calibration
settings will be loaded into the current computer operating system in each truck. Calibration is essential
for controlling application rates; different materials will spread at different rates, so spreaders should be
calibrated with the material intended to be used. Each spreader must be calibrated separa tely because
even the same model spreaders can vary widely in their performance and spreading capacity. Spreaders
operate in a very hostile climate (low temperatures, excessive moisture, and corrosive chemicals) so they
must be cleaned and checked regularly to guarantee proper operation.
For a detailed discussion of calibration and instructions on how to properly calibrate a salt spreader, refer
to the section of this document titled Use of Deicing Chemicals.
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Route Marking
When Snow Fighters perform their annual dry runs, they should be familiarizing themselves with their
designated route course and looking for any potential problems that will not be apparent when the
roadways are blanketed with snow. Both rotating shift route drivers should d rive their assigned route
together with the specific route’s sheets and maps and discuss the most efficient and effective method
for attacking the plow route. Any proposed changes to the route, in order of priority, should be recorded
on the route sheet and discussed with the Field Operations Manager following the dry run. Approved
changes can then be made to the route sheets and maps, only with the concurrence of the Shift
Supervisors.
Plowing hazards should be noted during the dry run, marked on the route map, and recorded in a list for
future reference by any substitute or alternate driver(s) who may need to plow that particular route. Such
hazards may include raised manholes, broken curbs, offset intersections, vertically shifted pavement,
potholes, bridge approach expansion joints, and any number of other roadway anomalies that could
unexpectedly catch a plow blade during an actual snow removal operation. These areas of concern should
be reported to Shift Supervisors for possible future correction.
Contracted Services
The City of McHenry reserves the right to contract snow removal services and/or routes if necessary.
Two-way Radios
All trucks are outfitted with two-way radios for communicating between drivers, the Snow and Ice Control
Supervisor, and the Public Works Department office during snow plowing operations.
Driver Notification
Each Public Works’ field employee is required to have a phone number on record. In the event that the
phone number is changed, it is the responsibility of the employee to notify the Field Operations Manager.
The Shift Supervisor will use the number on record to contact the Snow Fighter to inform him/her of
his/her need to report to the Public Works Facility for winter operations.
Smart Phones
In addition to trucks being equipped with two-way radios, the Director of Public Works, Field Operations
Manager, and Shift Supervisors have smart phones to enhance communication during a snow or ice event.
These devices have many different venues of communication allowing for expedited services and are vital
for calling in truck repairs from the field, requesting towing services, and communicating directly with City
offices.
Service Requests
The Public Works Department has a digital phone system with voicemail capability. The main number for
the public to contact with snow-related concerns or questions is (815) 363-2186. This number is staffed
by City Administration personnel Monday through Friday from 8:00 a.m. to 5:00 p.m. Additionally, the
public may also submit requests and concerns via the City’s website under “Service Requests” in the top
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toolbar. Adequate response to each request will be provided by either ensuring that the problem is
resolved or by contacting the caller/user personally to provide information relative to the concern.
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USE OF DEICING CHEMICALS
The City of McHenry contracts to purchase rock salt (sodium chloride) through a joint purchasing
agreement, private supplier, or other consortium as current season pricing dictates. Salt has proven over
time to be the fastest, cheapest, and most effective deicer for winter pavement management. Most Public
Works Managers agree that they “are not in the snow plowing business but are in the ‘bond breaking’
business and rock salt is the product of choice to make them successful in that venture.” In addition to
being an effective deicer, rock salt is also an abrasive that provides improved traction for vehicle tires
when applied to road surfaces.
Once bonded to pavement, ice cannot be removed by plowing without damaging the road surface or
plowing equipment. Salt is used as a deicer because it lowers the freezing point of water. It is usually
applied in conjunction with plowing because it will penetrate snow and ice left on the pavement. Brine
prevents water from freezing into ice and bonding to the pavement. Salt must sometimes be used alone
when there is insufficient snow accumulation to permit plowing. The action of vehicle tires p assing over
brine and hard snow or ice will break up surface ice and gradually move it toward the pavement’s edge.
Most ice storms and snowstorms occur between twenty -six and thirty-two (26-32) degrees Fahrenheit.
Often after the storm concludes, high pressure weather systems move into the Chicagoland area and
temperatures drop dramatically, sometimes reaching well below zero (0) degrees. Therefore, it is
important to apply salt early in the storm when it will be most effective as a melting agent and will prevent
ice and hard packed snow from bonding to the pavement. Rock salt is effective down to a temperature of
fifteen to twenty (15-20) degrees Fahrenheit and, if it is pre-wetted with a mix of seventy (70) percent salt
brine and thirty (30) percent beet juice, it is effective in melting ice down to approximately three (3)
degrees Fahrenheit. The City of McHenry has twelve (12), sixty-five to one-hundred (65-100) gallon pre-
wetting units. Additionally, the City has one (1) 10,000 gallon final storage tank as well as one (1) 3,500-
gallon tank for beet heat. These products can be mixed as needed.
The application of the liquid products (salt brine and beet juice) is done by a spray bar, directly sprayed
on the rock salt as it leaves the salt spreader and just before it is distributed on the roadway surface. These
systems utilize a chemical feed pump that is calibrated to apply the exact volume of liquid to the
proportionate quantity of rock salt being applied to the roadway. The electronically control led hydraulic
salt spreaders that the Public Works Department utilizes have the capability to control both an on-board
pre-wet system and the salt spreader simultaneously, based on the relative ground speed of the vehicle.
Pre-wetting the salt improves ice-melting capacities in several ways. First, it supplies moisture to the rock
salt, speeding the melting process. Second, it causes the rock salt to stick to the ice, snow, and pavement
instead of being thrown off the road, thereby eliminating waste. Finally, the chemical properties of pre-
wetting products cause it to melt snow and ice at lower temperatures than rock salt alone.
The purpose of a good Snow and Ice Control Policy is to make the roadways safe and passable for the
motoring public and emergency service vehicles; however, there is a general awareness that some ice
melting products have a negative environmental impact on nearby soils, vegetation, and waterways.
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Additionally, some products may also have corrosive effects on vehicles and distributio n equipment.
Therefore, it is the City’s policy to consistently review its application products and rates to ensure the
highest quality of program results, while being sensitive to the effects these products may have on the
environment and equipment assets.
Spreading Chemicals
Chemicals are usually applied as soon as there is a definite indication of snow sticking to the pavement or
the formation of ice. The initial application is very critical because the promptness of the application and
the amount of chemical applied will determine if the snow will stick to the pavement. When the pavement
is wet, it may be practical to make a chemical application slightly ahead of the storm to speed the melting
process and to prevent the development of slippery conditions.
Caution should be exercised in the use of chemicals during periods of extreme temperature drops because
slush and brine may refreeze (known as “freeze back”). When precipitation has stopped, all slush should
be plowed promptly from the road surface.
Anti-icing efforts involve applying liquid chemicals to the pavement prior to the storm’s arrival. There are
a couple of ways this is done. The most common, longest lasting, and cost effective is to apply the salt
brine/beet juice liquid to the roadway at a rate of forty (40) gallons per lane mile, utilizing a truck-
mounted boom sprayer system. This liquid will dry and remain on the pavement ready to work for up to
three (3) days without reapplication. The other way is to apply pre-wetted salt to the roadway. Pre-
wetting helps to hold the salt to the pavement; it begins working as soon as the storm begins. However,
this can only be done a few hours ahead of a storm. Both applications start to melt the snow as soon as it
begins and prevent the snow and ice from bonding to the pavement.
Chemical Application Guidelines
Because air temperature, type of precipitation, and road surface condition affect snow fighting
operations, the following guidelines have been instituted to assist with the decision -making process
concerning chemical applications:
CONDITION 1 Temperature near thirty (30) degrees Fahrenheit; precipitation of snow, sleet
or freezing rain; road surface is wet.
• If snow or sleet, apply wetted salt at a rate of one-hundred (100)
pounds per lane mile. If snow and sleet continue and accumulate, plow
and salt simultaneously.
• If freezing rain, apply wetted salt continuously at a rate of two-hundred
(200) pounds per lane mile. If rain continues to freeze, reapply salt at a
rate of two-hundred (200) pounds per lane mile, as required.
CONDITION 2 Temperature below thirty (30) degrees Fahrenheit or falling; precipitation of
snow, sleet, or freezing rain; road surface is wet or sticky.
• Plow snow and apply salt at a rate of two-hundred (200) pounds per
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lane mile depending upon accumulation rate.
• If freezing rain, continually apply wetted salt at a rate of two-hundred
to three-hundred (200-300) pounds per lane mile.
CONDITION 3 Temperature below twenty (20) degrees Fahrenheit and falling; precipitation
is dry snow; road surface is dry.
• Plow as soon as possible. Do not apply salt. Continue to plow and check
for wet, packed, or icy spots and treat them with wetted salt
applications at a rate of two-hundred to three-hundred (200-300)
pounds per lane mile.
CONDITION 4 Temperature below twenty (20) degrees Fahrenheit; precipitation of snow,
sleet, or freezing rain; road surface is wet.
• Apply wetted salt at a rate of two-hundred to three-hundred (200-300)
pounds per lane mile, as required. If snow or sleet continues and
accumulates, plow and salt simultaneously. If temperature starts to
rise, apply salt at a rate of two-hundred to three-hundred (200-300)
pounds per lane mile and wait for wetted salt to react before plowing.
Continue until safe pavement is obtained.
CONDITION 5 Temperature below ten (10) degrees Fahrenheit; precipitation of snow or
freezing rain; road surface has accumulation of packed snow or ice.
• Apply wetted salt at a rate of two-hundred to three-hundred (200-300)
pounds per lane mile, or utilize salt treated abrasives (anti-skids) at a
rate of one-hundred fifty to two-hundred (150-200) pounds per lane
mile. When snow or ice becomes mealy or slushy, begin plowing.
Repeat applications and plowing, as necessary.
Use of Abrasives
The Public Works Department stockpiles torpedo sand for the purpose of providing traction control during
severe situations and extreme cold when rock salt and other deicers become mostly ineffective. Use of
abrasives will also be initiated should the stockpile of rock salt diminish during extended snow and ice
control operations or should suppliers of rock salt not be able to keep up with the City’s demand.
The spreading of abrasives for traction control will be kept to a minimum due to numerous problems and
hidden costs related to its use. Sand is an inert substance and will not breakdown and dissolve in the
environment. While a layer of sand may improve traction in snow and ice conditions, the thin layer of
sand left after snow and ice melts can alter the traction on the roadway surface and must be cleaned up
directly. A buildup of abrasives can smother roadside vegetation, silt up waterways, and block drainage.
The cost of sweeping abrasives off roadways and from curb lines and the time required to vacuum these
materials from catch basins tend to make their use less attractive. Therefore, for the purpose of this policy,
abrasives remain a last-ditch effort in maintaining our streets in a safe and passable condition during
winter weather situations.
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ACCIDENTS AND SAFETY
Collision with Another Motor Vehicle
If an employee is involved in an accident while driving a city-owned vehicle, he/she must contact the Shift
Supervisor immediately. The supervisor should be notified of any injured victims. The supervisor will
contact the Police Department to request that the police and, if necessary, the paramedics respond to the
scene. The employee should make sure that any injured persons are comfortable and protected from
traffic; however, do not move an injured person. Reassure the person(s) that a rescue vehicle will be
arriving shortly. Do not move vehicles unless directed by the Police or a Public Works Supervisor. Write
down any details of the accident that you can remember while waiting for the police to a rrive. For
insurance reasons, do not discuss the accident with the other party. The Shift Supervisor should notify the
Field Operations Manager, Public Works Director, and Human Resource Director of the incident as soon
as possible. A complete accident report will have to be completed per the City of McHenry’s current
Accident/Injury Reporting Policy. If any parked vehicle is struck, the same procedures will apply. As CDL
drivers, Snow Fighters are subject to the City policy on accidents by CDL drivers in relation to drug testing
and procedure. This policy will be followed in any incident that occurs.
Collision with Other Objects
If garbage cans, mailboxes, or other such small objects are damaged by City snow and ice removal
equipment, the Snow Fighter shall document the occurrence and submit the information to the Shift
Supervisor at the next convenient moment, but no later than the end of the shift. Information provided
should include the address, the time the damage occurred, and an explanation of what ha ppened. If the
damage involves matters other than minor incidental snow and ice control incidents, the situation must
be immediately communicated to the Shift Supervisor.
Requests for Reimbursement
If a resident inquires about damage to his/her property potentially caused by a snow fighting effort, this
information shall be relayed immediately to the Shift Supervisor. The information shall include the
complainant’s name, address, phone number, and a summary of the claim. The Shift Supervisor will
investigate the claim, make the appropriate notifications to the Field Operations Manager, Public Works
Director, and Human Resources Director, file appropriate paperwork, and ensure timely follow-up with
the resident.
Safety
The following safety procedures shall be followed:
1. Prior to operation, Snow Fighters will always thoroughly inspect vehicles and equipment.
2. Snow Fighters shall report all mechanical problems to their supervisor immediately.
3. Snow Fighters shall obey all traffic laws and will not exceed the speed limit, will not use excessive
speed, and will be certain to stop for all stop signs and traffic signals.
4. Snow Fighters shall be as helpful and courteous as possible to those who are stranded or those
stuck in the snow. Snow Fighters shall not pass up a stranded motorist without offering some type
of assistance or ensuring that help is on the way. In an effort to ensure the safety of the motorist,
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Snow Fighters shall immediately notify the Snow and Ice Control Supervisor if the situation
requires Police or Fire Department response. Snow Fighters shall not risk injury by attempting to
manually push a vehicle out of the road. Snow Fighters shall never use a City vehicle to push or
pull a privately-owned vehicle that has become stuck or stranded.
5. Plowing speeds shall not exceed fifteen to twenty (15-20) miles per hour. Twenty-five (25) miles
per hour is allowed on outskirt streets away from residences. Plowing speed along the curb should
be reduced to ten (10) miles per hour. Salt spreading speed should not exceed twenty (20) miles
per hour. Driver performance must ensure the safety of the public and the diligent minimization
of potential damage to City equipment.
6. As a matter of policy, no Public Works snow and ice control driver shall drive for more than sixteen
(16) hours without at least eight (8) hours off of work.
Drug and Alcohol Testing Procedures
Drug and Alcohol testing is performed per the City’s current Drug and Alcohol Testing Policy.
REFERENCES
Due to the fact that drivers, routes, maps, and policies are reviewed and adjusted with frequency, they
are not included in this document but are available upon request.
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Department of Public Works
Steve Wirch, 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 2, 2023
TO: Mayor and City Council
FROM: Steve Wirch, Director of Public Works
RE: Sidewalk and Curb Policy Adoption
ATT: Sidewalk and Curb Policy
AGENDA ITEM SUMMARY:
Staff requests that the City Council consider the adoption of the Sidewalk and Curb Policy for the
Public Works Department’s maintenance and operations.
BACKGROUND & ANALYSIS:
Since 2019, the Public Works Department has reformed its operations, structure, and budget to
create resources for capital maintenance construction and put maintenance operations on
defined schedules with defined resources. These reforms have led to the creation of a reliably
funded local road resurfacing program which on an annual basis is more than $2.4 million. One
of the means through which these resources were generated was through staff attrition. Prior
to this process, the Public Works Department performed maintenance tasks on a service request
basis in which work was performed largely based upon request only and not based upon a
defined standard. As the transition to this new model has occurred, staff created policies to
define such standards and implement them consistently with the concurrence of the City Council.
The Sidewalk and Curb Policy is utilized to define operations in terms of the following:
1. Operational goals
2. Implementation strategy and priorities
3. Standard of care for safety/liability and not aesthetics
4. Specific issues and types of services to be addressed
5. Operational resources as in-house removal and replacement capacity is limited
6. Funding levels for capital removal and replacement program
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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.
On August 21, 2023, the Sidewalk and Curb Policy was presented to City Council for discussion
and consideration. During the discussion, City Council did not request any changes to the policy
presented.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to adopt the Sidewalk and Curb Policy for the
Public Works Department’s maintenance and operations.
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SIDEWALK AND
CURB POLICY
Public Works Department
October 2 , 2023
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Table of Contents
Operation Definition & Purpose .........................................................................................................3
Description of Assets ................................................................................................................................. 3
Purpose, Goals & Implications ................................................................................................................... 3
Standards of Service...........................................................................................................................4
Operational Resources ............................................................................................................................... 4
Strategy for Implementation of Level of Service ....................................................................................... 4
Operational Evaluation & Addressing of Service Shortfalls....................................................................... 5
Maintenance Conditions to be Addressed ................................................................................................ 5
Panel Differential ................................................................................................................................... 5
Settlement Adjacent to Structures ........................................................................................................ 5
Private Concrete Permit Process ........................................................................................................... 5
Standing Water on Sidewalks ................................................................................................................ 5
Tree Removal and Trim/Prune Operations ........................................................................................... 6
Driveway Aprons .................................................................................................................................... 6
Common Curb Conditions and Causes .................................................................................................. 6
Sidewalk Accident Investigation Form ................................................................................................7
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Operation Definition & Purpose
The City of McHenry’s Public Works Department is responsible for the maintenance of concrete sidewalks
for pedestrian travel within the City’s right of ways and the maintenance of concrete curbs which support
closed drainage systems. Concrete sidewalks allow for safe pedestrian travel and are maintained in order
to continue their functionality and to reduce risks to pedestrians due to dangerous sidewalk conditions.
Concrete curbs are maintained in order to preserve their functionality and support the carrying of surface
runoff to drainage structures connected to closed drainage systems.
Description of Assets
The City of McHenry maintains and operates approximately 125 centerline miles of roadway, all of which
are contained within a dedicated right of way. Approximately 70 centerline miles of this roadway include
concrete sidewalk which equates to approximately 3,000,000 square feet of sidewalk in the City ’s
inventory. Approximately 80 centerline miles of this roadway include concrete curb and gutter which
equates to approximately 160 miles or 845,000 lineal feet of concrete curb and gutter. Additionally, there
are approximately 1,730 sidewalk ramps which either have been upgraded or will need to be upgraded to
ADA compliance at some point in their service life.
Purpose, Goals & Implications
The primary purpose of the City’s maintenance operations for concrete sidewalks is to allow for safe
passage of pedestrians through City right of ways. Unsafe sidewalk conditions prohibit the ability of
pedestrians to safely travel and create a risk of a financial claim to the City of McHenry. The operation is
run with the goal of minimizing critical sidewalk conditions and minimizing the number of claims against
the City due to such conditions. It is crucial for the City to have a policy in place in order to confirm its own
due diligence in the case of any claim related to a sidewalk condition.
The sidewalk inventory shall be continually evaluated through staff monitoring and consulted condition
assessments to identify conditions o f concern. These identified conditions shall be addressed accordingly
and in manners consistent with City codes and ordinances, Federal and State standards, as well as other
industry standards.
The primary purpose of the City’s maintenance operations for concrete curb and gutter shall be performed
in order to retain function of the closed drainage systems and to keep the systems clean, flowing, and
operable. Non-functional curbs do not properly carry surface runoff which leads to deterioration of
infrastructure due to insufficient drainage.
Poorly maintained concrete curb and sidewalk infrastructure lead to negative public perception .
Therefore, the City’s Sidewalk and Curb Policy sets the goals and standards for this maintenance operation
performed by the Public Works Department.
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Standards of Service
Operational Resources
Concrete sidewalk and concrete curb maintenance work is performed by the Public Works Department’s
Field Operations Division. This Division includes Street and Utility employees and is made up of a staff of
15 maintenance workers. The following City-owned equipment is used to perform projects such as curb
and sidewalk replacement, sidewalk grinding, ADA ramp replacement, and other miscellaneous concrete
work:
• Backhoes – 3 each
• Front End Loaders – 2 each
• Skid Loader – 1 each
• Dump Trucks – City Fleet
• Mini Excavator – 1 each
Strategy for Implementation of Level of Service
In order to maintain the desired level of service for the maintenance of concrete sidewalks and curbs in
the City of McHenry, the Public Works Department will undertake the following operations:
1. Consult a sidewalk survey to be completed every 2 years which will identify and prioritize critical
conditions to be addressed by Public Works operations and/or Capital Projects.
a. Sidewalk locations identified in the survey which warrant replacement will be spot
replaced as soon as possible and other locations which are identified outside of the survey
will be replaced as needed and on an annual basis.
b. Sidewalk locations identified in the survey which do not warrant replacement will be
ground through an annual grinding and cutting program, and locations which are
identified outside of the survey will be ground on an as needed basis outside of the annual
program.
2. Staff and City Council will strive to fund a sidewalk and curb replacement program which
addresses deficient sections of curb and sidewalk on an annually scheduled basis.
3. A log of claims made by residents due to deficient locations will be kept for history, budgeting,
and planning purposes. Concrete curb and sidewalk projects will not be completed solely because
of a resident or business request but rather based upon a determination made by staff.
4. Curbs will be evaluated in conjunction with the City’s annual road program and citizen requests.
If deemed necessary, curb removal and replacement or ot her acceptable means (i.e., shotcrete)
will be done prior to or in conjunction with the City’s road program. Individual requests for curb
removal and replacement that are necessary will be performed as part of the Field Operations
Division’s daily operations.
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5. Concrete sidewalk ramps shall be continually improved to ADA compliance when a capital
resurfacing or reconstruction project of the adjacent street is completed. Spot replacement and
upgrades of sidewalk ramps will be completed “in house” on a case-by-case basis.
6. Following an individual request for service after a damage or injury claim, an investigation will be
done using the City’s Sidewalk Accident Investigation form (attached).
Operational Evaluation & Addressing of Service Shortfalls
As all maintenance operations require continual systematic analysis and reevaluation of performance, the
Public Works Department will conduct an annual performance review of this operation and report on this
review to City Council. Should shortfalls in performance or operational resources be identified through
the conducting of this review and presentation to City Council, such shortfalls will be address ed either
through reforms to the operation or addressing of resources. If resources are not available to meet
identified levels of service goals, these desired levels of service may be reevaluated and adjusted
accordingly.
Maintenance Conditions to be Addressed
Panel Differential
Panel Differential or uneven sidewalk panels that exceed 1” (one inch) or greater will be ground, cut or
replaced based on severity and condition of adjacent sidewalk panels. Any sidewalk panels that include
ramps will be replaced in compliance with ADA standards.
Settlement Adjacent to Structures
Concrete that has settled adjacent to structures such as storm sewer, sanitary sewer manholes, and water
valve vaults due to the natural compacting of the earth will be removed and replaced by the City of
McHenry.
Private Concrete Permit Process
If a resident or private business decides to replace any sidewalk in the City’s right-of-way, they shall follow
the permitting process outlined in the City of McHenry Code of Ordinances, Chapter 1, Section 8-1-2:
Construction Permits. The City of McHenry construction details and ADA compliance shall be adhered to.
Standing Water on Sidewalks
After rain events, water may remain in areas on sidewalks for a duration determined by how saturated
the ground may be. In the spring when the snow melts, water may also remain in areas on sidewalks if
the ground is still in a frozen state. This may lead to the water refreezing on the sidewalk due to
temperatures dropping back to below freezing. When the freezing of water on concrete sidewalks occurs,
it can be melted by applying salt. If water stands on a section of sidewalk for a prolonged period of time,
the Public Works Department will evaluate the situation and determine if a remedy exists.
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Tree Removal and Trim/Prune Operations
When homeowners have trees trimmed/pruned or removed, this operation may require large equipment
to access private property. In the event that a piece of equipment or large limb causes damage to City
sidewalk or curb, it will the homeowner’s sole responsibility to have any concrete damage repaired and
landscape restored to the City of McHenry standards.
Driveway Aprons
Driveway aprons, while constructed in the right-of-way, are the responsibility of the property owner to
maintain. The City of McHenry is not responsible for the replacement of deteriorated, cracked, or uneven
driveway aprons. When the City is required to remove the driveway apron for a utility repair of City-
owned facilities, the City of McHenry or its Contractor will replace the removed section after the necessary
repairs are completed. When curb repairs are deemed necessary and partial removal of the driveway
apron is required, only the removed section of the driveway apron will be replaced. The City of McHenry
will not be responsible to cut or replace the mountable curbs in place throughout City neighborhoods at
the end of driveways. If a property owner chooses to replace his/her driveway apron and/or mountable
curb, the property owner may do so at his/her own expense and is required to secure a permit through
the City of McHenry.
Common Curb Conditions and Causes
Some common curb conditions include but are not limited to:
o Cracking: Resulting from one or a combination of factors, such as drying shrinkage, thermal
contraction, subgrade settlement, and applied loads.
o Crazing: A network pattern of fine cracks that do not penetrate much below the surface caused
by minor surface shrinkage.
o Delamination: Similar to blisters caused by finishing the surface before bleeding has occurred.
o Scaling/Spalling: Scaling is generally the loss of surface mortar exposed to freezing and thawing.
Spalling is a deeper surface defect and often caused by pressure or expansion within the concrete.
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Sidewalk Accident
Investigation Form
PRESERVING EVIDENCE
An investigation of the case needs to be performed
immediately following the initial intake. The
location where the fall took place needs to be
visited informally and photographed. It may also be
appropriate to take video of the premises in the
event the location changes, which often occurs.
You should personally visit the site yourself.
Preservation of the evidence scene is critical, and
you cannot always anticipate what might need to be
photographed until you have visited the site. If you
send someone in your place and they miss
something, it may be lost forever, harming our
chances of a successful outcome.
Having someone else with you during the initial visit
to the scene is important because they can take
measurements, pictures, or offer you a different
perspective at the site and later use that
information at deposition and trial. Collecting the
evidence on your own can be troublesome because
it could lead to a request for your deposition or
testimony at trial.
PICTURE DOCUMENTATION
The following series of pictures should be taken:
_____1. A close-up picture from the side of the full
measurement (top to bottom) (Picture 1);
_____2. A picture taken from 4 feet from the
direction the person claimed they were
headed (Picture 2);
_____3. A picture taken from 16 - 20 feet from the
direction the person claimed they were
headed (Picture 3);
_____4. A picture taken from 4 feet from the
opposite direction the person claimed
they were headed;
_____5. A picture taken from 16 - 20 feet from the
opposite the direction the person claimed
they were headed (Picture 4);
_____6. A picture taken from across the street
(Picture 5);
_____7. A picture taken from the grass side
showing the measurement; (Picture 6)
PRESERVING WITNESS ACCOUNTS
If there are witnesses to the fall or to the conditions
of the location of the fall, they need to be located
and interviewed immediately. Oftentimes it seems
that there was no one at the scene that witnessed
the person’s fall. In those situations, there are still
multiple “witnesses” that may be helpful to your
case.
Though you will be going to the site immediately to
investigate, it is important to go back to the site at
the specific time that the complainants fell. For
example, if the person indicates that they fell at 7:30
p.m. on a Tuesday, you should go to the site at that
time to look at, document, and take pictures of the
lighting (was it dark or light, was there a streetlight,
take pictures again under those conditions). Look
around the neighborhood and see if anyone is out
on their porches or walking around. Ask them if
they saw anything that occurred. When you go back
on a specific night (i.e., Tuesday) repeat those steps.
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Picture 1
Picture 3
Picture 5
Picture 3
Picture 4
Picture 6
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Department of Public Works
Steve Wirch, 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 2, 2023
TO: Mayor and City Council
FROM: Steve Wirch, Director of Public Works
RE: PFAS Litigation
AGENDA ITEM SUMMARY:
Staff requests that the City Council consider entering into class action settlement using ZRFM Law
as representation for the City of McHenry.
BACKGROUND & ANALYSIS:
In 2021, the Illinois Environmental Protection Agency (I EPA) completed a statewide
investigation into the prevalence and occurrence of Per - and Polyfluoroalkyl Substances
(PFAS) in finished water at 1,428 entry points to the distribution system.
In 2021, the City of McHenry participated in the statewide sampling of Community Water
Systems (CWS) for PFAS. Only one of the City’s water wells had PFAS in the sample result.
On September 5, 2023, the City was notified of a class action settlement against severa l
companies that would allow The City of McHenry to enter in as a claimant for the PFAS
contamination in the Public Water Supply.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended that the City of McHenry enter into class
action settlement using ZRFM Law as representation.
33
34
ORDINANCE NO. 23-43
Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees;
Approval Authority; Limitation on Number of Licenses; and Title 4, Chapter 6, Video
Gaming Terminals, Editing Section 4-6-8, Subsection A – Number of Licenses, of the
McHenry City Code
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of the State of
Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule
powers and functions as granted in the Constitution of the State of Illinois.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of
McHenry, McHenry County, Illinois, as follows:
SECTION 1: Section 4-2-6, subs ection D-1, of the Municipal Code relating to
liquor license clas sifications , shall be amended as follows :
D.1. Class A (Full Bar) License: Issuance of a Class A license shall authorize the sale of
alcoholic liquor for consumption on the premises, and the retail sale of packaged liquor.
The annual fee for such licenses shall be one thousand five hundred dollars ($1,500.00).
A Class A licensee shall be eligible to apply for a catering endorsement for an
additional fee of three hundred dollars ($300.00), which shall permit the servic ing of
alcoholic liquor for off -site consumption as an incidental part of food service, sold at a
package price, as agreed upon under contract. Nonprofit organizations with a Class A
license shall be eligible to pay a reduced fee of five hundred dollars ($500.00) per year
to receive and maintain a Class A license. No more than forty-eight (48) Class A
licenses shall be in force in the City at any time.
SECTION 3: Title 4, Chapter 6, Video Gaming Terminals, Section 4 -6-8,
Subsection A - Number of Licenses, of the Municipal Code shall be amended as follows:
4-6-8: Number of Licenses
A. The total number of location licenses for video gaming terminals issued under this
chapter shall not exceed 44.
SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of
this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such
judgment shall not effect, impair, invalidate or nullify the remainder thereof, which remainder
shall remain and continue in full force and effect.
SECTION 5: All ordinances, or parts thereof, in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 6: This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
SECTION 7: This ordinance shall be in full force and effect from and after its
35
passage, approval and publication, as provided by law.
Passed this 2nd day of October, 2023.
Ayes Nays Absent Abstain
Alderwoman Bassi _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Koch _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
36
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 2, 2023
TO: Mayor and City Council
FROM: Bill Hobson, Director of Parks and Recreation
RE: Rejection of the bids for the Sheriff’s Marine Unit Building
Attachment: Bid Tab Sheet
AGENDA ITEM SUMMARY:
The city opened bids for the construction of the McHenry County Sheriff’s Marine Unit Building
to be located at Miller Riverfront Park adjacent to the boat launch . Five bids were received, and
all were significantly over budget once again. Staff is requesting city council reject all the bids.
BACKGROUND:
The city entered into an intergovernmental agreement with the McHenry County Sheriff’s
Department in 2021 for the construction of piers and the placement of a trailer housing the
Sheriff’s Marine Unit at Miller Riverfront Park. The intent of the agreement however was to
further establish the Marine Unit presence with a permanent building that the city would build
based on the sheriff’s specifications and that the sheriff’s department would fund. Additionally,
as part of the building two single public bathrooms would be constructed. Within the agreement
the city would provide the electricity and fund a portion of the water and sewer costs at 50% of
the costs of the utilities, with the intention of a $50,000 cap on city exposure.
The Sheriff’s Department worked with their architect and refined the plans for the building. The
city re-bid those amended plans. Those bids were opened last week and once again greatly
exceeded the budget for the project, the bid results are attached to this document. The low bid
was $851,000. At this cost the project is simply not feasible. Staff will meet with the Sheriffs
Department next week to review alternatives for the project.
ANALYSIS:
The intergovernmental cooperation of the project and the location afford a great partnership
opportunity that is already benefitting both parties. This is certainly not a concept that either
party wishes to abandon but as with any project controlling costs is essentia l.
If City Council concurs then a motion should be considered to reject all submitted bids for
the Sheriff’s Marine Unit Building at Miller Riverfront Park.
37
Tabulation of BidsDate: 9/21/2023Kandu Construction Inc.KWCC, Inc.Manusos General Contracting Inc. Stuckey Construction Co. Wm. Tonyan and Sons, Inc.Time: 10:00 a.m.8055 Ridgeway Ave.111 S. Lake Street, Suite 10291 Christopher Way3045 West Washington Street 1400 South Route 31Skokie, IL 60076Montgomery, IL 60538Fox Lake, IL 60020Waukegan, IL 60085McHenry, IL 60050Bid BondBid BondBid BondBid BondBid BondUnit QtyTotalTotalTotalTotalTotalLUMP SUM 1$760,000.00$879,264.00$854,000.00$737,000.00$724,920.00LUMP SUM 1$50,000.00$147,245.00$67,000.00$70,700.00$135,680.00LUMP SUM 1$30,000.00$18,732.00$30,000.00$19,000.00$14,200.00LUMP SUM 1$29,000.00$23,639.00$23,000.00$24,500.00$23,200.00$869,000.00$1,068,880.00$974,000.00$851,200.00$898,000.00$869,000.00$1,068,880.00$974,000.00$851,200.00$898,000.00ALTERNATE BID ITEMSLOW BIDDERUnit QtyLUMP SUM 1-$10,000.00-$7,650.00-$1,000.00-$3,800.00$0.00LUMP SUM 1-$7,000.00$11,349.00-$5,500.00-$1,500.00$0.001 Remove Fire Treated Wood Requirements (Addendum #1)2 Window Substitution (Addendum #1)Alternate No. ItemLocal Public Agency: City of McHenryAddress of Bidder:County: McHenryName of Bidder:BASE BIDItem No. ItemProposal Guarantee:Terms:Estimate:Project: 2023 Miller Park Sheriff Station REBIDAttended By: See Attached Attendance Sheet4 SITE LIGHTING RELOCATION3 5-INCH WELL1BUILDING2 LIFT STATION, FORCEMAIN, SEWER SERVICETotal Base Bid:As Read:As Calculated:Printed 9/22/2023BLR 12315 (Rev. 07/16/13)38
City of McHenry
Council Meeting Minutes
9.18.23
MINUTES
REGULAR CITY COUNCIL MEETING
Monday, September 18, 2023, 7:00 p.m.
City Council Chambers, 333 S Green St, McHenry, IL 60050
Roll Call: Mayor Jett called the roll call.
Members present Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman
Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller -absent, and Mayor Jett. Others
present Attorney McArdle, Administrator Morefield, Director of Community Development
Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of
Economic Development Martin, Chief of Police Birk, City Planner Sheriff -absent, Director of
Public Works Wirch, Deputy Clerk Johnson, and City Clerk Ramel.
Pledge of Allegiance: Mayor Jett led the pledge.
Public Comment: none
Consent Agenda: Motion to Approve the following Consent Agenda Items as presented:
A. Resolution designating the importance of manufacturing to McHenry by identifying
October 6, 2023, as National Manufacturing Day in the City of McHenry. (Economic
Development Director Martin)
C. Ordinance Amending Title 4, Chapter 6, Video Gaming Terminals, Editing Section 4 -6-8,
Subsection A – Number of Licenses, of the McHenry City Code. (Deputy City Clerk Johnson)
F. Street Closure Request – Kane Street on Friday, October 6, 2023, from 8:00 a.m. until
1:00 p.m. (Deputy City Clerk Johnson)
G. Parks & Recreation Facilities & Special Use Permit Requests;
H. September 5, 2023, City Council Meeting Minutes;
I. Issuance of Checks in the amount of $291,088.11;
J. As Needed Checks in the amount of $321,517.60.
39
City of McHenry
Council Meeting Minutes
9.18.23
2
A motion was made by Alderman Santi and seconded by Alderman McClatchey t o
approve the Consent Agenda Item as presented: Roll Call: Vote: 6-ayes: Alderman Santi,
Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch,
Alderwoman Miller-absent. 0-nays, 0-abstained. Motion carried.
*Clerks note item pulled by Alderman McClatchey
B. Ratification of the appointment of Steve Wirch to the position of Director of Public
Works, retroactive to Monday, September 11, 2023. (Mayor Jett, City Administrator
Morefield)
Alderman McClatchey stated that this was one of the most important decisions that needed to
be made and wanted to give congratulations to Steve Wirch.
Public Comment: John Schmitt, retired from public works in 2019 after 35 years, stood at the
podium because he wanted to state that Steve Wirch was the correct choice for the new
Director of Public Works. Steve was his go-to guy things were always done 100% correctly as
he would have done. Congratulations Steve for the newly appointed position.
A motion was made by Alderman McClatchey and seconded by Alderman Glab t o
approve the Consent Agenda Item as presented: Roll Call: Vote: 6-ayes: Alderman Santi,
Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch,
Alderwoman Miller-absent. 0-nays, 0-abstained. Motion carried.
*Clerks Note item was pulled by Alderman Glab
D. Joint Funding Agreement for Construction Work and the Local Public Agency
Engineering Services Agreement and authorize the Mayor to sign the agreements with any
future revisions as requested by IDOT; and, to pass a Resolution appropriating $85,163 for
the City’s matching local funding requirement. (Public Works Director Wirch, Staff Engineer
Gruen)
Alderman Glab brought up the topic that there should be a 10% contingency on the price, it
should come back to the council if it is more than that, requesting that. Would like to add to the
motion to approve and authorize the mayor to pay up to 10% to any future IDOT revisions or it
would come back to the council.
A motion was made by Alderman Glab and seconded by Alderman Koch t o approve the
Consent Agenda Item as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab,
Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman
Miller-absent. 0-nays, 0-abstained. Motion carried.
40
City of McHenry
Council Meeting Minutes
9.18.23
3
Clerk’s Note: Alderman Santi left the room at 7:04 p.m.
Attorney McArdle announced that Alderman Santi left the meeting because of a potential
conflict of interest.
E. Contract Purchase Order to Water Well Solutions Illinois Division LLC of Elburn, Illinois
in the amount of $54,040.50 for the Water Well #7 Pump and Column Pipe Replacement
and Aquifer Rehabilitation Project. (Public Works Director Wirch)
A motion was made by Alderman Strach and seconded by Alderman Glab to approve
the Consent Agenda Item as presente d: Roll Call: Vote: 5-ayes: Alderman Glab, Alderman
McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, 2-absent: Alderwoman
Miller, Alderman Santi. 0-nays, 0-abstained. Motion carried.
Clerk’s Note: Alderman Santi rejoined the meeting at 7:06 p.m.
Individual Action Item Agenda
A. Redevelopment Agreement between the City of McHenry and Delights
Enterprises, LLC for the property located at 3319 W. Elm Street
Per previous Council authorization, a motion to pass an Ordinance and Authorization
for the Mayor to Execute a Redevelopment Agreement between the City of McHenry
and Delights Enterprises, LLC for property located at 3319 W. Elm Street . (Economic
Development Director Martin)
A motion was made by Alderman Glab and seconded by Alderman McClatchey to
approve Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi,
Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch,
Alderwoman Miller- absent. 0-abstained. Motion approved.
No public comment.
*Clerks note the following two Individual Items were not voted on at this meeting and
will be brought back to the October 2nd meeting agenda, due to a change in ownership,
and to licensing of the gaming process. The following motion was to postpone th ese
items.
B. Class B Liquor License to 4 Eggs Hospitality, LLC, at 3307 W Elm Street.
Transfer of a Class B liquor license from Windhill Pancake Parlor, Inc. to 4 Eggs
Hospitality, LLC, at 3307 W Elm Street, McHenry, IL, subject to the successful
completion of the background checks and for approval by the Local Liquor Control
Commissioner (Deputy City Clerk Johnson)
41
City of McHenry
Council Meeting Minutes
9.18.23
4
C. Video Gaming License to 4 Eggs Hospitality, LLC, at 3307 W Elm Street
Pending the approval of a Class B liquor license, approve a video gaming license to 4
Eggs Hospitality, LLC, at 3307 W Elm Street, McHenry, IL, subject to a video gaming
development agreement with the City Administrator (Deputy City Clerk Johnson)
A motion was made by Alderman Strach and seconded by Alderwoman Bassi to
postpone Individual Agenda Items, to be added to the next meeting agenda: Roll Call:
Vote: 6-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi,
Alderman Strach, Alderman Koch, Alderwoman Miller-absent. 0-abstained. Motion approved.
No public comment.
Discussion Item Agenda: None
Staff Reports:
Provided the 1st meeting of each month.
Director Hobson thanked everyone for a wonderful Light The Night.
Alderman McClatchey stated that Director Hobson did a great job, it was run very well and
extended a thank you to Chief Birk as well. Also noted that he loved the splash pad.
Alderman Glab stated that lots of accolades were given to many people, one main person,
Pam Althoff helped get the ball rolling and wanted to make sure that her name was
mentioned.
Mayor’s Report: None
City Council Comments: Alderman Glab wanted to know if the barn topic could be added
to the October 2nd meeting. Administrator Morefield stated it is on his list and would like to
know what meeting would allow the time to discuss the topic. November 20 th would be the
best item for that agenda noting there a several pending discussion items coming up in the
next few meetings.
Executive Session as needed: Not needed
Adjourn: A motion was made by Alderman Strach and seconded by Alderwoman Bassi
to adjourn the meeting at 7:18. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab,
Alderman McClatchey, Alderwoman Bassi, Alderman Strach , Alderman Koch, Alderwoman
Miller-absent. 0-nay-, 0-abstained. Motion carried.
X
Mayor Wayne Jett
X
City Clerk Trisha Ramel
42
City of McHenry
Council Meeting Minutes
9.18.23
5
43
Expense Approval Register
McHenry, IL List of Bills Council Meeting- 10-2-23
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: BAKER & SON CO, PETER
BAKER & SON CO, PETER 43655 10/02/2023 SFC 100-33-6110 547.52
Vendor BAKER & SON CO, PETER Total:
547.52
Vendor: BAXTER & WOODMAN
BAXTER & WOODMAN 0250510 10/02/2023 RIVERSIDE SIDEWALK GAP 100-01-8900 3,923.75
Vendor BAXTER & WOODMAN Total:
3,923.75
Vendor: CHRISTOPHER B BURKE ENGINEERING, LTD
CHRISTOPHER B BURKE
185921
10/02/2023
MAIN STREET P LOT REHAB
100-01-8900
1,700.00
CHRISTOPHER B BURKE 185922 10/02/2023 RIVERSIDE DR STREETSCAPE 100-01-8900 1,575.00
CHRISTOPHER B BURKE
185923
10/02/2023
RT 120 & RT 31
100-01-8900
7,645.00
Vendor CHRISTOPHER B BURKE ENGINEERING, LTD Total:
10,920.00
Vendor: CURRAN CONTRACTING COMPANY
CURRAN CONTRACTING
28639
10/02/2023
SFC
100-33-6110
189.10
Vendor CURRAN CONTRACTING COMPANY Total:
189.10
Vendor: FIRE GUARD OF ILLINOIS INC
FIRE GUARD OF ILLINOIS INC
P23-07-057 RE
10/02/2023
REFUND PERMIT 23-07-057
100-00-3410
200.00
Vendor FIRE GUARD OF ILLINOIS INC Total:
200.00
Vendor: FOX VALLEY FIRE & SAFETY
FOX VALLEY FIRE & SAFETY
IN00629082
10/02/2023
MTHLY MAINT
225-00-5110
3,145.00
Vendor FOX VALLEY FIRE & SAFETY Total:
3,145.00
Vendor: GOVHR USA LLC
GOVHR USA LLC 2-09-23-577 10/02/2023 ADMIN RECRUIT 2/3 100-01-5110 10,084.00
Vendor GOVHR USA LLC Total:
10,084.00
Vendor: HLR
HLR 20232078 10/02/2023 DARTMOOR DR RESURF PH III 100-33-5300 542.50
Vendor HLR Total:
542.50
Vendor: IPPFA
IPPFA
7779
10/02/2023
2024 MSHIP DUES
760-00-5110
795.00
Vendor IPPFA Total:
795.00
Vendor: MASTER, RICHARD & PEGGY
MASTER, RICHARD & PEGGY
INV0015080
10/02/2023
2022 TIF INCREMENT
290-00-6940
685.20
Vendor MASTER, RICHARD & PEGGY Total:
685.20
Vendor: NICOR GAS
NICOR GAS
INV0015082
10/02/2023
UTILITIES
100-42-5510
776.16
NICOR GAS
INV0015082
10/02/2023
UTILITIES
100-43-5510
54.37
NICOR GAS
INV0015082
10/02/2023
UTILITIES
100-45-5510
169.97
NICOR GAS
INV0015082
10/02/2023
UTILITIES
100-46-5510
26.87
NICOR GAS INV0015082 10/02/2023 UTILITIES 400-00-5510 461.06
NICOR GAS
INV0015083
10/02/2023
UTIL
510-31-5510
296.75
NICOR GAS
INV0015083
10/02/2023
UTIL
510-32-5510
4,008.96
Vendor NICOR GAS Total:
5,794.14
Vendor: OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD
OTTOSEN DINOLFO
157946
10/02/2023
LABOR
100-01-5230
216.00
Vendor OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD Total: 216.00
Vendor: PITNEY BOWES INC
PITNEY BOWES INC 1023832549 10/02/2023 SVS AGREEMENT 6 MOS 100-04-5310 464.28
Vendor PITNEY BOWES INC Total:
464.28
Vendor: ROBINSON ENGINEERING LTD
ROBINSON ENGINEERING LTD
22-R0588
10/02/2023
MCH WELL NO 14
580-31-8500
1,679.75
ROBINSON ENGINEERING LTD 23090097 10/02/2023 MCH NORTH RIVERSIDE DRIVE 100-01-8900 1,969.75
9/27/2023 12:30:49 PM
44
Expense Approval Register Packet: APPKT02802 - 10-2-23 AP CKS
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
ROBINSON ENGINEERING LTD
23090152
10/02/2023
MCH WATER TOWER 4 PH I,II,III
510-31-8500
2,630.25
Vendor ROBINSON ENGINEERING LTD Total:
6,279.75
Vendor: US BANK EQUIPMENT FINANCE
US BANK EQUIPMENT FINANCE
511100190
10/02/2023
PW COPIER
620-00-5110
336.21
Vendor US BANK EQUIPMENT FINANCE Total:
336.21
Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE
ZUKOWSKI ROGERS FLOOD & 163781 10/02/2023 CORP 100-01-5230 11,281.89
ZUKOWSKI ROGERS FLOOD &
163782
10/02/2023
TRAFFIC
100-01-5230
6,344.50
ZUKOWSKI ROGERS FLOOD &
163783
10/02/2023
JACK PEASE
100-01-5230
2,900.00
Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total:
20,526.39
Grand Total:
64,648.84
9/27/2023 12:30:49 PM
45
Expense Approval Register Packet: APPKT02802 - 10-2-23 AP CKS
Fund Summary
Fund
Expense Amount
100 - GENERAL FUND
50,610.66
225 - ALARM BOARD FUND 3,145.00
290 - TIF FUND
685.20
400 - RECREATION CENTER FUND
461.06
510 - WATER/SEWER FUND
6,935.96
580 - UTILITY IMPROVEMENTS FUND
1,679.75
620 - INFORMATION TECHNOLOGY FUND 336.21
760 - POLICE PENSION FUND
795.00
Grand Total:
64,648.84
46
Expense Approval Register
McHenry, IL #2 List of Bills Council Meeting- 10-2-23
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: ADAMS STEEL SERVICE & SUPPLY, INC
ADAMS STEEL SERVICE & 384779 10/02/2023 Valve T-Handle Material INV# 510-32-6110 257.00
ADAMS STEEL SERVICE &
384791
10/02/2023
Stainless Steel Plate INV#
510-32-6110
83.00
ADAMS STEEL SERVICE &
384967
10/02/2023
Dryer Nitrogen Bottle INV#
510-32-6110
52.75
Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total:
392.75
Vendor: AMAZON CAPITAL SERVICES
AMAZON CAPITAL SERVICES
11LX-1PJR-7H9J
10/02/2023
Office Supplies
100-41-6210
20.90
Vendor AMAZON CAPITAL SERVICES Total: 20.90
Vendor: AQUA ILLINOIS
AQUA ILLINOIS
MS-4636233
10/02/2023
7/20-9/19 MCHENRY SHORES
510-32-5110
162.90
Vendor AQUA ILLINOIS Total:
162.90
Vendor: AQUALAB WATER TREATMENT, INC
AQUALAB WATER TREATMENT,
11700
10/02/2023
11700
100-03-5120
100.00
Vendor AQUALAB WATER TREATMENT, INC Total:
100.00
Vendor: ARAMARK REFRESHMENT SERVICES LLC
ARAMARK REFRESHMENT
3680938
10/02/2023
Water Filter #3680938
100-01-6110
82.63
Vendor ARAMARK REFRESHMENT SERVICES LLC Total:
82.63
Vendor: ARAMARK
ARAMARK
25770742
10/02/2023
Clothing allowance: Gorniak
100-45-4510
90.93
Vendor ARAMARK Total:
90.93
Vendor: AT&T
AT&T 1826342808 10/02/2023 Voice Over IP - IP-Flex 620-00-5320 379.18
Vendor AT&T Total:
379.18
Vendor: BRANIFF COMMUNICATIONS INC
BRANIFF COMMUNICATIONS 0034957 10/02/2023 Siren Maintenance 100-23-5110 830.90
Vendor BRANIFF COMMUNICATIONS INC Total:
830.90
Vendor: BROWN EQUIPMENT
BROWN EQUIPMENT
INV#22045
10/02/2023
Hydro reel bearing rebuilt kit
510-32-5370
943.68
BROWN EQUIPMENT
INV#22045
10/02/2023
Hydro reel bearing rebuilt kit
510-32-5370
-58.75
BROWN EQUIPMENT
INV22101
10/02/2023
Rebuilt kit Descaler
510-32-5370
301.85
Vendor BROWN EQUIPMENT Total:
1,186.78
Vendor: BUSS FORD SALES
BUSS FORD SALES
5048895
10/02/2023
331 (5048895)
100-22-5370
133.34
BUSS FORD SALES 5048901 10/02/2023 331 (5048901) 100-22-5370 144.86
Vendor BUSS FORD SALES Total:
278.20
Vendor: CABAY & COMPANY INC
CABAY & COMPANY INC
68380
10/02/2023
custiodial supplies
400-00-6111
41.44
CABAY & COMPANY INC 68380 10/02/2023 custiodial supplies 400-40-6110 198.26
CABAY & COMPANY INC
68392
10/02/2023
custodial supplies
400-00-6111
102.40
CABAY & COMPANY INC
68402
10/02/2023
custodial supplies
400-00-6111
18.04
CABAY & COMPANY INC
68402
10/02/2023
custodial supplies
400-40-6110
99.13
CABAY & COMPANY INC
68456
10/02/2023
custodial supplies
400-00-6111
210.64
CABAY & COMPANY INC 68456 10/02/2023 custodial supplies 400-40-6110 198.26
CABAY & COMPANY INC
68463
10/02/2023
68463
100-03-5120
493.66
CABAY & COMPANY INC
68480
10/02/2023
Office Can Liners #68480
100-33-6115
73.12
Vendor CABAY & COMPANY INC Total:
1,434.95
Vendor: CASTLE AUTOMOTIVE GROUP
CASTLE AUTOMOTIVE GROUP
5107789
10/02/2023
310 (5107789)
100-22-5370
220.33
Vendor CASTLE AUTOMOTIVE GROUP Total: 220.33
9/27/2023 12:32:56 PM
47
Expense Approval Register Packet: APPKT02806 - 10-2-23 RECT INV
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: CINTAS
CINTAS
1904240225
10/02/2023
Uniform Allowance L150 #
510-32-4510
244.12
Vendor CINTAS Total:
244.12
Vendor: CITY ELECTRIC SUPPLY
CITY ELECTRIC SUPPLY
MCH022212
10/02/2023
1-3/4 Hole saw INV#
510-32-6270
12.95
CITY ELECTRIC SUPPLY
MCH022316
10/02/2023
Ethernet Cable Crimper INV#
510-32-6110
112.96
Vendor CITY ELECTRIC SUPPLY Total:
125.91
Vendor: CONDUENT HR SERVICES LLC
CONDUENT HR SERVICES LLC
1694589
10/02/2023
AUGUST HSA FEES - 1694589
600-00-6960
81.00
Vendor CONDUENT HR SERVICES LLC Total:
81.00
Vendor: CRITICAL TECHNOLOGY SOLUTIONS
CRITICAL TECHNOLOGY
3224438
10/02/2023
Video Server
620-00-8300
39,054.44
Vendor CRITICAL TECHNOLOGY SOLUTIONS Total: 39,054.44
Vendor: DIXON ENGINEERING INC
DIXON ENGINEERING INC 23-0930 10/02/2023 Inv#23-0930 Dixon Engineering 510-31-5110 2,700.00
Vendor DIXON ENGINEERING INC Total:
2,700.00
Vendor: DREISILKER ELECTRIC MOTORS INC
DREISILKER ELECTRIC MOTORS
I250835
10/02/2023
SBR #3 Decanter Arm Gear Box
510-32-5375
582.74
Vendor DREISILKER ELECTRIC MOTORS INC Total:
582.74
Vendor: ED'S RENTAL & SALES INC
ED'S RENTAL & SALES INC
402054-1
10/02/2023
Equipmenet Rental
100-45-5110
513.33
Vendor ED'S RENTAL & SALES INC Total:
513.33
Vendor: EJ USA INC
EJ USA INC
110230066556
10/02/2023
Sanitary Sewer Manhole Covers
510-32-6110
1,263.64
Vendor EJ USA INC Total: 1,263.64
Vendor: FISCHER BROS FRESH
FISCHER BROS FRESH 20892 10/02/2023 Concrete for ADAs #20892 100-33-6110 1,043.25
FISCHER BROS FRESH
20907
10/02/2023
Concrete for ADAs #20907
100-33-6110
889.75
FISCHER BROS FRESH
20920
10/02/2023
Concrete for ADAs #20920
100-33-6110
1,043.25
FISCHER BROS FRESH
20941
10/02/2023
Concrete for ADAs #20941
100-33-6110
1,119.63
FISCHER BROS FRESH 20942 10/02/2023 Concrete for ADAs #20942 100-33-6110 490.63
FISCHER BROS FRESH 20957 10/02/2023 Concrete for ADAs #20957 100-33-6110 726.25
Vendor FISCHER BROS FRESH Total:
5,312.76
Vendor: FOX WATERWAY AGENCY
FOX WATERWAY AGENCY 0000890-IN 10/02/2023 Landscape Supplies 100-45-6110 60.00
Vendor FOX WATERWAY AGENCY Total:
60.00
Vendor: G & E GREENHOUSES INC
G & E GREENHOUSES INC
181947
10/02/2023
Landscape Supplies
100-45-6110
726.00
G & E GREENHOUSES INC 181980 10/02/2023 Landscape Supplies 100-45-6110 441.80
Vendor G & E GREENHOUSES INC Total:
1,167.80
Vendor: GALLS LLC
GALLS LLC
025583739
10/02/2023
Uniform Order - Fitzgerald
100-23-4510
101.52
GALLS LLC
025678007
10/02/2023
Uniform Order - McKeen
100-22-4510
170.99
Vendor GALLS LLC Total:
272.51
Vendor: GORDON FLESCH COMPANY INC,
GORDON FLESCH COMPANY
IN14352481
10/02/2023
PW Plotter Toner Cartridges -
620-00-6210
83.00
Vendor GORDON FLESCH COMPANY INC, Total:
83.00
Vendor: HANSEN'S ALIGNMENT, DON
HANSEN'S ALIGNMENT, DON
5517
10/02/2023
331 (5517)
100-22-5370
100.00
Vendor HANSEN'S ALIGNMENT, DON Total: 100.00
Vendor: HAWKINS INC
HAWKINS INC 6577819 10/02/2023 # 6577819 Hawkins invoice 510-31-6110 8,828.06
HAWKINS INC
6579336
10/02/2023
#6579336 Hawkins demurrage
510-31-6110
10.00
HAWKINS INC
6581047
10/02/2023
Chemical Delivery #6581047
510-32-6110
6,340.30
Vendor HAWKINS INC Total:
15,178.36
9/27/2023 12:32:56 PM
48
Expense Approval Register Packet: APPKT02806 - 10-2-23 RECT INV
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: HEARTLAND BUSINESS SYSTEMS, LLC
HEARTLAND BUSINESS
633715-H
10/02/2023
Microsoft Monthly M365
620-00-5110
4,372.50
Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total:
4,372.50
Vendor: HOLCIM-MAMR, INC
HOLCIM-MAMR, INC
718513643
10/02/2023
Virgin Grade 9 for Tower #3
510-31-6110
137.02
Vendor HOLCIM-MAMR, INC Total:
137.02
Vendor: HOT SHOTS SPORTS
HOT SHOTS SPORTS
3112
10/02/2023
Invoice 3112
100-47-5110
4,455.50
Vendor HOT SHOTS SPORTS Total: 4,455.50
Vendor: HRGREEN
HRGREEN 161915 10/02/2023 Riverwalk Phase 4 engineering 290-00-8900 13,215.25
HRGREEN
162913
10/02/2023
Riverwalk Phase 4 engineering
290-00-8900
8,212.00
Vendor HRGREEN Total: 21,427.25
Vendor: IMPRESSIVE IMAGES
IMPRESSIVE IMAGES 7067 10/02/2023 City Apparel #7067 100-01-6110 38.00
IMPRESSIVE IMAGES
7076
10/02/2023
Uniform Embroidery (City Pays)
100-33-4510
27.00
Vendor IMPRESSIVE IMAGES Total: 65.00
Vendor: IN-PIPE TECHNOLOGY COMPANY INC
IN-PIPE TECHNOLOGY 2402 10/02/2023 Monthly Invoice # 2402 510-32-5110 8,525.00
Vendor IN-PIPE TECHNOLOGY COMPANY INC Total:
8,525.00
Vendor: KIMBALL MIDWEST
KIMBALL MIDWEST
101407193
10/02/2023
kimball stock (101407193)
100-33-5370
294.78
Vendor KIMBALL MIDWEST Total:
294.78
Vendor: MAD BOMBER FIREWORKS
MAD BOMBER FIREWORKS
3023
10/02/2023
Light the Night Fireworks
100-41-6920
5,500.00
Vendor MAD BOMBER FIREWORKS Total:
5,500.00
Vendor: MCHENRY COUNTY COLLEGE
MCHENRY COUNTY COLLEGE
523
10/02/2023
DDI Classes (Watkins) #523
100-03-5430
342.00
Vendor MCHENRY COUNTY COLLEGE Total: 342.00
Vendor: MCHENRY COUNTY CONVENTION &
MCHENRY COUNTY #MCH024 10/02/2023 Naturally McH Cty/Datafy 200-00-5110 15,000.00
MCHENRY COUNTY
MCH024
10/02/2023
NATURALLY MCH
100-06-5110
15,000.00
Vendor MCHENRY COUNTY CONVENTION & Total: 30,000.00
Vendor: MCHENRY POWER EQUIPMENT INC
MCHENRY POWER EQUIPMENT 569551 10/02/2023 streets 569551 100-33-5370 66.41
Vendor MCHENRY POWER EQUIPMENT INC Total:
66.41
Vendor: MCHENRY SPECIALTIES
MCHENRY SPECIALTIES
2023-725
10/02/2023
Steve Wirch Name Plates
100-30-6210
16.00
Vendor MCHENRY SPECIALTIES Total:
16.00
Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC
MENDEZ LANDSCAPING &
15794
10/02/2023
Miller Point Blue Stone Repairs
100-01-8900
7,037.00
MENDEZ LANDSCAPING &
15795
10/02/2023
Miller Point Sod Installation
100-01-8900
9,300.00
Vendor MENDEZ LANDSCAPING & BRICK PAVERS INC Total:
16,337.00
Vendor: MID AMERICAN WATER OF WAUCONDA INC
MID AMERICAN WATER OF
263483W
10/02/2023
HYMAX couplers 6" 263483W
510-31-6110
1,066.00
Vendor MID AMERICAN WATER OF WAUCONDA INC Total:
1,066.00
Vendor: MIDWEST HOSE AND FITTINGS INC
MIDWEST HOSE AND FITTINGS
228999
10/02/2023
443 228999
510-35-5370
204.19
Vendor MIDWEST HOSE AND FITTINGS INC Total: 204.19
Vendor: MIDWEST POWER INDUSTRY, INC
MIDWEST POWER INDUSTRY, 1317 10/02/2023 sioux gen (1317) 510-31-5370 495.00
Vendor MIDWEST POWER INDUSTRY, INC Total:
495.00
Vendor: MULCH CENTER, THE
MULCH CENTER, THE
382029
10/02/2023
Playground supplies
100-45-6110
2,800.00
9/27/2023 12:32:56 PM
49
Expense Approval Register Packet: APPKT02806 - 10-2-23 RECT INV
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
MULCH CENTER, THE
382030
10/02/2023
Playground supplies
100-45-6110
140.00
Vendor MULCH CENTER, THE Total:
2,940.00
Vendor: NATURESCAPE DESIGN INC
NATURESCAPE DESIGN INC
88704
10/02/2023
RIverwalk Irrigation
100-45-5110
371.05
Vendor NATURESCAPE DESIGN INC Total:
371.05
Vendor: NCL OF WISCONSIN INC
NCL OF WISCONSIN INC 492274 10/02/2023 Lab Supplies # 510-32-6110 1,465.57
Vendor NCL OF WISCONSIN INC Total:
1,465.57
Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC
NORTHWEST ELECTRICAL 17582720 10/02/2023 Electrical supplies 100-45-6110 38.39
Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total:
38.39
Vendor: NORTHWEST POLICE ACADEMY, THE
NORTHWEST POLICE
1305
10/02/2023
Membership Dues
100-22-5410
75.00
Vendor NORTHWEST POLICE ACADEMY, THE Total:
75.00
Vendor: NORTHWESTERN MEDICINE OCC HEALTH
NORTHWESTERN MEDICINE
543328
10/02/2023
Randoms & New Hires #543328
100-05-5110
386.00
Vendor NORTHWESTERN MEDICINE OCC HEALTH Total: 386.00
Vendor: PANASONIC CONNECT NORTH AMERICA PROFESSIONAL SERVICES
PANASONIC CONNECT NORTH INV1171767 10/02/2023 Panasonic Support - Tablet 620-00-6270 418.77
Vendor PANASONIC CONNECT NORTH AMERICA PROFESSIONAL SERVICES Total: 418.77
Vendor: PETROCHOICE LLC
PETROCHOICE LLC
51312157
10/02/2023
51312157
100-03-6250
391.18
PETROCHOICE LLC 51314664 10/02/2023 Fuel - UTY - 51314664 510-35-6250 167.37
PETROCHOICE LLC
51314674
10/02/2023
Fuel - WW - 51314674
510-32-6250
242.01
PETROCHOICE LLC
51314675
10/02/2023
Fuel - WTR - 51314675
510-31-6250
89.78
PETROCHOICE LLC
51314676
10/02/2023
Fuel # 51314676
100-45-6250
340.89
PETROCHOICE LLC
51314677
10/02/2023
Fuel - STS - 51314677
100-33-6250
817.82
Vendor PETROCHOICE LLC Total:
2,049.05
Vendor: PITEL SEPTIC INC
PITEL SEPTIC INC
24769
10/02/2023
Monthly bathroom rentals
100-45-5110
800.00
PITEL SEPTIC INC 24838 ADJUST 10/02/2023 Toilet rentals 100-45-5110 720.00
Vendor PITEL SEPTIC INC Total:
1,520.00
Vendor: ROBINSON ENGINEERING LTD
ROBINSON ENGINEERING LTD
23090098
10/02/2023
Freund Lift Stat Pipe & Valve
510-32-8500
1,354.50
Vendor ROBINSON ENGINEERING LTD Total:
1,354.50
Vendor: TRAFFIC CONTROL & PROTECTION INC
TRAFFIC CONTROL &
116094
10/02/2023
Signage supplies
100-45-6110
553.25
Vendor TRAFFIC CONTROL & PROTECTION INC Total: 553.25
Vendor: ULTRA STROBE COMMUNICATIONS INC
ULTRA STROBE
083779
10/02/2023
GETAC Squad Tablet
620-00-8300
23,889.20
Vendor ULTRA STROBE COMMUNICATIONS INC Total: 23,889.20
Vendor: USA BLUEBOOK
USA BLUEBOOK INV00126922 10/02/2023 Maintenance Supplies 510-32-6110 254.06
Vendor USA BLUEBOOK Total:
254.06
Vendor: VERIZON CONNECT FLEET USA LLC
VERIZON CONNECT FLEET USA
352000049426
10/02/2023
GPS For PW Vehicle Fleet
620-00-5110
952.30
Vendor VERIZON CONNECT FLEET USA LLC Total:
952.30
Vendor: VERIZON WIRELESS
VERIZON WIRELESS
9943530879
10/02/2023
Monthly Cell Phone
620-00-5320
2,426.43
Vendor VERIZON WIRELESS Total:
2,426.43
Vendor: VILLAGE OF LAKE IN THE HILLS
VILLAGE OF LAKE IN THE HILLS 2023-50000113 10/02/2023 Trip - Club 400 100-46-5110 93.51
Vendor VILLAGE OF LAKE IN THE HILLS Total:
93.51
9/27/2023 12:32:56 PM
50
Expense Approval Register Packet: APPKT02806 - 10-2-23 RECT INV
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: WATER PRODUCTS - AURORA
WATER PRODUCTS - AURORA
0318461
10/02/2023
B-Box lids and plugs
510-31-6110
282.00
Vendor WATER PRODUCTS - AURORA Total:
282.00
Grand Total: 204,292.79
9/27/2023 12:32:56 PM
51
Expense Approval Register Packet: APPKT02806 - 10-2-23 RECT INV
Fund Summary
Fund
Expense Amount
100 - GENERAL FUND
59,220.85
200 - TOURISM FUND 15,000.00
290 - TIF FUND
21,427.25
400 - RECREATION CENTER FUND
868.17
510 - WATER/SEWER FUND
36,119.70
600 - EMPLOYEE INSURANCE FUND
81.00
620 - INFORMATION TECHNOLOGY FUND 71,575.82
Grand Total:
204,292.79
52
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
REGULAR AGENDA SUPPLEMENT
TO: Mayor and City Council
FOR: October 2, 2023 City Council Meeting
FROM: Cody Sheriff, City Planner
RE: Ordinance granting a Use Variation for the property located at 302 N Front Street
for the operation of a Battery Storage Facility
ATT:
1.Unapproved Planning and Zoning Commission Minutes dated September 20, 2023
2.Planning & Zoning Commission Staff Report & Petitioner’s Application Packet
3.Ordinance granting a Use Variation for the property located at 302 N Front Street for the
operation of a Battery Storage Facility
AGENDA ITEM SUMMARY:
The property located at 302 N Front Street was first approved for a Use Variation to operate a
battery storage facility in 2014. The facility functions by charging during low -demand periods of
energy usage and provide supplemental energy to the power grid during peak-demand. The
existing batteries on site have remained inoperable for several years and a new owner is
proposing to replace and upgrade the units. Due to changes in regulations, larger units and
spacing requirements between units require an expansion of the site by approximately 20 feet
east, and 9 feet south. The batteries will remain approximately 140 feet away from the nearest
single-family residence. The petitioners will continue to provide canopy-canopy, evergreen
screening to screen the batteries from view from the adjoining property owners as well as paint
the units earth-tone colors.
PLANNING & ZONING COMMISSION DISCUSSION & RECOMMENDATION:
A public hearing for the request was held on September 20, 2023. There were no objectors
present at the hearing and the Planning & Zoning Commission unanimously voted to recommend
approval of the request.
53
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
If the City Council concurs, it is recommended the attached ordinance granting a Use Variation
for the property located at 302 N Front Street for the operation of a battery storage facility be
approved. (City Council vote-simple majority).
54
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Unapproved Planning & Zoning Commission Minutes from September 20, 2023
File No. Z-2023-15
McHenry Battery Storage LLC of 132 N York St, Suite 3L, Elmhurst, IL 60126
Request for a Use Variance to allow an expansion of the existing footprint of the Battery Storage
Facility by approximately 20 feet east, and 9 feet south, for an overall footprint of 24,123 square feet
on the property commonly known as 302 N. Front Street
Chairwoman Rockweiler opened the file at 5:31 p.m. Planner Sheriff stated that all
publication requirements have been met. Patrick Hart of McHenry Battery Storage LLC and
Chris Meyers, doing construction management, were sworn in by Chairwoman Rockweiler.
Mr. Hart explained that they are applying for an expansion of the existing site. Last fall his
company took over the site from a previous owner. They are working to re-power the site.
They will remove the outdated technology and replace it with advanced technology and
use the site as it was in the past. Due to changes in safety standards, they are required to
increase pacing between containers, which is causing the request to increase the size of
the project.
Planner Sheriff stated that they are seeking an amendment of use variance by 20 feet east
and 9 feet south. There is 140 feet of separation from the adjoining sing-family residences,
there are trees and landscaping surrounding the site, and the must adhere to the
landscape plan. The units must also be painted an earth tone. Staff does not see any
adverse impacts from the property.
Commissioner Locke asked what caused the operation to break down years ago. Mr. Hart
explained that the ISO for the region changed the duration of the signal it sends to the site.
The plant operates on frequency regulation. The signal was at a shorter duration but
increased, and that caused the site not to respond. The new technology has been built to
handle future changes, so they won’t be subject to issues if frequency changes are made in
the future. Commissioner Locke asked how the batteries generate power. Mr. Hart
explained that the batteries charge during peak solar and wind hours, and discharge at
other times. He expects this site to operate 22-23 hours a day. Commissioner Locke asked
how they are integrated and how they sell the energy. It was explained that the ISO
purchases their energy when needed. The power is generally localized to the area where it
operates, but there is no way to tell exactly where the power goes.
55
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Commissioner Davis asked if the new technology would increase noise, light, or radiation.
Mr. Hart stated that none of those are a factor.
Chairwoman Rockweiler opened the public hearing at 5:39 p.m. With nobody wishing to
speak, she closed the public hearing at 5:39 p.m.
Commissioner Locke asked what measures are taken for runoff or spills, or if there was a
fire in the battery. Mr. Hart explained that each container has a secondary containment
within it. Any liquid spilled would stay inside the container. Each container also contains
fire detection, gas detection, and fire suppression. The overall site has detection software
that monitors the temperature of each container. If a container experienced an increase
thermal event, the container would be shut down and isolated.
Commissioner Locke sated that he is in favor of the project as it is simply replacing the
footprint, using better technology, and nobody from the public was present to object to
the project. All other commissioners agreed with Commissioner Locke and there were no
issues brought up.
A motion was made by Commissioner Lehman and seconded by Commissioner Locke to
recommend approval of the petitioner’s request for a Use Variance to allow an expansion
of the existing footprint of the Battery Storage Facility by approximately 20 feet east, and 9
feet south, for an overall footprint of 24, 123 square feet subject to the following
conditions:
1.All development on site shall be in substantial conformance with the submitted plans.
2.All containers located within the fenced-in area shall be painted an earth-tone color.
AND, by making said motion, I agree that the approval criteria for Use Variances have been
met as outlined in the staff report. Roll Call Vote: 5-ayes: Commissioners Bremer,
Rockweiler, Locke, Davis, and Lehman. 0-nay; 0-abstained; 2-absent: Riley, Gleason. Motion
Carried.
Chairwoman Rockweiler closed file Z-2023-15 at 5:43 p.m.
56
57
58
59
SStaff 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, McHenry Battery Storage LLC., is seeking the following zoning approval(s):
x Use Variance to allow an expansion of the existing footprint of the Battery Storage Facility by
approximately 20 feet east, and 9 feet south, for an overall footprint of 24,123 square feet.
The subject property was approved for the operation of a battery storage facility in 2014 by City Council. The
site operated for several years but encountered technical complications and the battery units have remained
out of service. The new battery units are somewhat wider than the original units and therefore required
additional spacing. The petitioner is proposing to expand the existing battery storage facility by approximately
20 feet east, and 9 feet south, for an overall footprint of 24,123 square feet. The eastern-most unit is
approximately 139.45 feet away from the property line of the nearest single-family residence. The petitioner is
proposing to screen the units from view with canopy-canopy, 6-foot-tall evergreen trees. Overall, staff does
not anticipate any adverse impacts resulting from the requested expansion.
CITY OF MCHENRY ORDINANCES
• The petitioner must meet the Approval Criteria for Use Variances listed in §11-19-6 of the City of
McHenry Zoning Ordinance.
STAFF ANALYSIS
FUTURE LAND USE MAP RECOMMENDATION
The proposed use of the site as a battery storage facility is not in compliance with the Future Land Use Map’s
recommendation for office space.
CURRENT LAND USE & ZONING
The subject property is currently zoned O-2 Office Park District. The purpose of this district is intended to
provide locations on larger sites for large office buildings and planned office park developments, including
office related retail and service uses. Battery Storage and similar uses are not allowed within this zoning
district and therefore requires a Use Variance to operate.
The surrounding property primarily consists of commercial offices to the north and Medium High Density
Single Family Residential to the east. The primary concern is how the property will integrate aesthetically with
the adjoining single-family homes. The submitted landscape plan includes 6-feet-tall (at planting), canopy-
canopy, evergreen screening which should effectively screen the units from view. The originally approved Use
Variance required the property owner to also paint the units earth-tone colors. Staff have incorporated these
items into conditions of approval. The landscape screening combined with the earth-tone paint requirement
should effectively mitigate any negative aesthetic impacts.
60
CCOMPREHENSIVE PLAN OBJECTIVES & POLICIES
Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives
and policies. Staff comments italicized.
View full list of City Plans at www.cityofmchenry.org/planningdocuments
x 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.” (p. 27)
Overall, staff believes the proposed development is consistent with providing a mixture of land uses in
appropriate areas to promote high quality growth and development. The proposed battery storage
units would provide a service to the residents of McHenry by providing energy storage to support the
grid in times of high-demand energy usage.
x Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect
residential or open space uses.” (p. 27)
Staff believes approval of the request for a battery storage facility would generate fewer negative
externalities for the adjoining single family residential homes than other intense office uses currently
allowed within the O-2 Office Park District. Therefore, staff believes approval of the request would be
supportive of locating intense commercial and office uses where they would not negatively affect
residential or open space uses.
x Growth, Policy – “Encourage responsible, orderly growth in the City by assisting property owners with
annexation, supporting development plans and promoting redevelopment.” (p. 28)
Although it is difficult to quantify exactly how much benefit is received from having redundant private
utility services, staff believes approval of the request would promote supporting development plans.
STAFF SUMMARY ANALYSIS
x The site was originally approved for a battery storage facility in 2014.
x The petitioner is proposing an expansion of the footprint of the battery storage facility by
approximately 20 feet east, and 9 feet south.
x Given the approximate 140-foot separation distance from the adjoining single-family residences, and
the landscape screening, staff does not anticipate any adverse impacts on the adjoining property
owners.
x Staff have included conditions of approval that would require the petitioner to develop and maintain
the site in conformance with the submitted landscape plan and to paint the individual units earth-tone
colors.
x The site is currently zoned O-2 Office Park district with the adjoining properties primarily consisting of
single-family residential and health offices. O-2 Office Park District allows more intense office
developments to locate on site. Battery storage facilities require fewer employees and are a less
intense use than office developments. Staff believes the proposed development is consistent with the
Comprehensive Plan’s recommendation to not locate intense Office Uses next to adjoining residential.
61
If the Planning & Zoning Commission agrees with staff’s assessment, then the following motion is
recommended:
MOTION: I motion to recommend approval of the petitioner’s request for a Use Variance to allow an
expansion of the existing footprint of the Battery Storage Facility by approximately 20 feet east, and 9 feet
south, for an overall footprint of 24,123 square feet subject to the following conditions:
1.All development on site shall be in substantial conformance with the submitted plans.
2.All containers located within the fenced-in area shall be painted an earth-tone color.
AND
By making said motion, you agree that the approval criteria for Use Variances have been met as outlined in
the staff report.
APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) Comments of staff italicized below.
A.Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict
application of the provisions of this title 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
mere inconvenience.
Staff believes the strict application of the provisions of the Zoning Ordinance would result in an
unnecessary and undue hardship given the longevity of the use of the site as a battery storage facility
for 10 years.
B.Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations in this title for the pertinent zoning district.
N/A
C.Unique Circumstance: Special circumstances, fully described in the written findings, exist that are
peculiar to the property for which the use variance is sought and that they do not apply generally to
other properties in the same zoning district.
Staff does believe the request is under special circumstances uniquely for this property because the
property has operated for ten years as a battery storage facility. The Comprehensive Plan recommends
not locating intense office-uses next to adjoining single-family residential. Therefore, a battery-storage
facility would require fewer employees and have less of an impact than an office development.
D.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.
Staff does not believe approval of the request will generate any adverse impacts on the surrounding
area. Already approved for a battery storage facility, the requested expansion is to accommodate the
new battery technology. Staff believes redundant services such as battery storage facilities do provide a
public benefit by providing emergency supplementation to the energy-grid.
E.Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with
the general purpose and intent of this title and of the Comprehensive Plan of the City.
Staff believes the overall request is consistent with the Title and Comprehensive Plan of not placing
intense office uses next to residential. The proposed battery storage facility would have fewer
employees in comparison to a more intense office-oriented use.
Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice.
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5 P-A5 P-O4 P-GNNOTES:1. CROWN OF ROOT BALL TO BEAR THE SAME RELATION TO FINISHGRADE WHICH IT WAS GROWN AT THE NURSERY.2. DO NOT DAMAGE ROOTS OR DESTROY ROOT BALL WHENINSTALLING TREE STAKES.3. REMOVE TREE RINGS, TREE WRAP AND STAKES 1 YEAR AFTERINSTALLATION. NOTIFY OWNER PRIOR TO REMOVAL.PLANT MIX,TAMPED IN LAYERS2-3 TIMES DIA.OF ROOT BALLTHIN BRANCHES BY 1/3RETAINING NORMALPLANT SHAPE3" MIN. SHREDDEDHARDWOOD MULCHREMOVE BURLAP, ROPEAND WIRE FROM BALLTOP AND SIDES2-1/4" X 2-1/4" X 8'HARDWOOD STAKE:x2 PER SHADE TREEx1 PER ORNAMENTALx3 PER EVERGREEN#12 GAUGE DOUBLETWISTED WIREBLACK RUBBER HOSEAROUND TREE4" HIGH SAUCERAROUND PIT PERIMETER5'-0"3'-0"BASE OF PIT ONUNDISTURBED SOILTREEWRAPSCALE: NONEQTY KEY BOTANICAL NAME COMMON NAME SIZE NOTES15 P-A PICEA ABIES NORWAY SPRUCE 6' HT B&B16 P-G PICEA GLAUCA WHITE SPRUCE 6' HT B&B11 P-O PICEA OMORIKA SERBIAN SPRUCE 6' HT B&B1) ALL DISTURBED AREAS SHALL BE SEEDED PER PLAN.2) ALL LAWN, TREE AND PLANT INSTALLATION SHALL BE PERFORMED BY A FIRMSPECIALIZING IN LANDSCAPE WORK.3) THE CONTRACTOR MUST DETERMINE THE LOCATION OF ALL EXISTING AND NEWUNDERGROUND UTILITIES AND THEIR EASEMENTS AND PERFORM WORK IN A MANNERTHAT WILL AVOID DAMAGE OF UTILITIES. HAND EXCAVATE, AS REQUIRED.4) THE CONTRACTOR SHALL PROTECT EXISTING TREES AND PLANTS NOT DESIGNATEDFOR REMOVAL. ANY TREE OR PLANT, INCLUDING ROOTS, DAMAGED BYCONSTRUCTION SHALL BE REPLACED BY THE CONTRACTOR WITH LIKE SPECIES ANDSIZE WITH NO ADDITIONAL COMPENSATION.5) ALL TREES AND PLANTS SHALL CONFORM TO ANSI Z60.1 "AMERICAN STANDARD FORNURSERY STOCK", AND BE LABELED WITH A WATERPROOF TAG INDICATING SPECIESAND SIZE. SPECIFIED TREE AND PLANT SIZES ARE MINIMUM SIZES TO BE INSTALLED.ANY PLANT SUBSTITUTION MUST BE APPROVED BY THE ARCHITECT. IF QUANTITIESLISTED IN PLANT MATERIAL LIST DO NOT CORRELATE WITH PLANTINGS INDICATED ONPLAN, THE QUANTITIES SHOWN ON THE PLAN SHALL GOVERN.6) TREE TRUNKS SHALL BE WRAPPED PRIOR TO LEAVING THE NURSERY TO PROTECTFROM INJURY DURING TRANSPORT. WRAPPING SHALL BE REMOVED, BUT ONLY AFTERPLANTED. PLANT MATERIALS SHALL BE PROVIDED WITH PROTECTIVE COVERINGSDURING TRANSPORT TO REDUCE DESICCATION.7) THE CONTRACTOR SHALL HAVE SOIL TESTS PERFORMED AT HIS EXPENSE BY ATESTING LABORATORY TO DETERMINE AMENDMENTS, IF ANY, TO EXISTING SOILS.8) PLANT MIX SHALL CONSIST OF EXISTING SOIL FREE OF DEBRIS, STICKS AND STONESGREATER THAN 1/2", AND CONTAIN TWENTY PERCENT (20%) ORGANIC MATTER BYVOLUME. 95% OF TOPSOIL SHALL PASS A 2.0 MIL SIEVE. ADD SOIL AMENDMENTS TOTHE EXISTING SOIL AS REQUIRED BY THE SOIL TEST. ORGANIC MATTER SHALLCONSIST OF COMPOSTED LEAVES, COMPOSTED SLUDGE OR OTHER APPROVEDMATERIAL. PEAT MOSS IS NOT AN ACCEPTABLE MATERIAL. ADD GRANULAR 'SOILMOIST' TO TOPSOIL MIX, APPLIED PER MANUFACTURER'S RECOMMENDED RATES FORTHE SIZE AND TYPE OF PLANT MATERIAL SPECIFIED, IF NO IRRIGATION IS APPLIED.9) TREES AND PLANTS SHALL BE DELIVERED AFTER PREPARATION FOR PLANTING HASBEEN COMPLETED, BUT NOT STORED MORE THAN 2 WEEKS. PLANT IMMEDIATELYUPON DELIVERY, OR PROTECT FROM WEATHER AND MECHANICAL DAMAGE AND KEEPROOTS MOIST.10) LAYOUT OF TREES AND PLANT MATERIALS MUST BE ACCEPTED BY THE ARCHITECTPRIOR TO PLANTING. NO PLANT, EXCEPT GROUND COVERS, SHALL BE PLANTED LESSTHAN 24" FROM A BUILDING, CURB, PAVEMENT OR SIDEWALK.11) PLANTING BED PREPARATION: LOOSEN EXISTING SOIL; ADD TOPSOIL IN SUFFICIENTQUANTITY TO RAISE BED 4-5" ABOVE FINISHED LAWN GRADE. PROVIDE POSITIVEDRAINAGE AWAY FROM ALL BUILDINGS AND AROUND OR AWAY FROM PLANTING BEDSTO PREVENT PONDING OF WATER. DO NOT RAISE BED GRADES, FINISHED GRADES, ORMULCH ABOVE FINISHED FLOOR ELEVATIONS. PLANTING BEDS AGAINST BUILDINGWALLS SHALL BE SLOPED AWAY FROM THE BUILDING AT A MINIMUM 1% SLOPE. ALLPLANTING BEDS TO RECEIVE A MINIMUM OF 6" TOPSOIL.12) MULCH ALL PLANTING BEDS, AND DISTURBED AREAS WITH A 3" DEPTH OF DOUBLESHREDDED HARDWOOD BARK.13) ALL NYLON ROPING, TWINE, SHALL BE REMOVED, PRIOR TO PLANTING. ALLNON-TREATED BURLAP AND/OR NON-ROT PROOF BURLAP TO BE REMOVED FROM TOPHALF OF ROOTBALL. ALL TREATED BURLAP OR POLYPROPYLENE BURLAP TO BECOMPLETELY REMOVED FROM PLANTING PIT.14) FERTILIZER: EACH TREE AND SHRUB PLANTING TO RECEIVE GRANULAR NITROFORM(18-6-12) FERTILIZER OR EQUAL.15) WATER SHALL BE FURNISHED FOR WATERING TREES AND PLANTS ON A WEEKLY BASISIN ABSENCE OF 1-1/2" RAINFALL. TREES AND PLANTS SHALL BE THOROUGHLYWATERED THROUGHOUT THE PERIOD OF ESTABLISHMENT. SATURATE THE ROOTZONE AND MULCHED AREA OF EACH TREE OR PLANT WITHOUT CAUSING RUN-OFF.DRIP IRRIGATION BAGS MAY BE USED ON INDIVIDUAL TREES.16) TAGS, STRINGS, ROPES AND WIRES SHALL BE REMOVED FROM TREES AND PLANTSABOVE AND BELOW GRADE.17) BEFORE FINAL INSPECTION BY THE ARCHITECT, ALL TREES AND PLANTS SHALL BE INPLACE AND UNDER THE CARE OF THE CONTRACTOR FOR A PERIOD OFESTABLISHMENT. THIS PERIOD SHALL BEGIN UPON COMPLETION OF PLANTINGOPERATIONS AND CONTINUE UNTIL OCTOBER 1ST, BUT IN NO CASE BE LESS THAN ONE(1) GROWING SEASON FROM JUNE 1ST TO OCTOBER 1ST. DURING THIS PERIOD,HORTICULTURAL PRACTICES SHALL BE FOLLOWED THAT WILL ENSURE THE VIGOR ANDGROWTH OF TRANSPLANTED MATERIAL INCLUDING WATERING, MULCHING, STAKING,GUYING, WEEDING, CULTIVATING AND PRUNING.18) ALL TREES AND PLANTS SHALL BE GUARANTEED AND COVERED BY A MAINTENANCEBOND FOR A PERIOD OF ONE (1) YEAR BEGINNING ON THE DATE OF ACCEPTANCE BYTHE ARCHITECT. ANY TREE OR PLANT WHICH DIES, TURNS BROWN OR DEFOLIATESPRIOR TO ACCEPTANCE SHALL BE REMOVED AND REPLACED WITH THE SAME SPECIES,QUANTITY AND SIZE AND MEET ALL SPECIFICATIONS BEFORE OR AT THE END OF THEGUARANTEE PERIOD AT NO ADDITIONAL COST TO THE OWNER. TREES OR PLANTSREPLACED IN THE FALL THAT DIE BEFORE OR DURING THE SPRING PLANTING SEASONSHALL BE REPLACED IMMEDIATELY.19) ALL AREAS DISTURBED DURING CONSTRUCTION SHALL BE FINE GRADED TO ASMOOTH, UNIFORM SURFACE WITH LOOSE UNIFORMLY FINE TEXTURE INCLUDINGREMOVAL OF ALL STONES GREATER THAN 1/2", STICKS, ROOTS, RUBBISH AND OTHEREXTRANEOUS MATTER BEFORE PLACING TOPSOIL USING ROCKHOUND LANDSCAPERAKE EQUIPMENT. RESEED ALL DISTURBED AREAS WITH APPROPRIATE SEED MIX.20) BED EDGES SHALL BE CUT IN A DEFINED "V" SHAPE WITH AN APPROXIMATE 60° ANGLETO THE GROUND AND TO A MINIMUM OF 2" DEPTH. TAKE SPECIAL CARE TO INSURETHAT PLANTING BEDS DO NOT INHIBIT DRAINAGE.21) BOTH STOCKPILED AND FURNISHED TOPSOIL SHALL BE SCREENED FROM CLAY LUMPS,BRUSH, WEEDS, LITTER, ROOTS, STONES LARGER THAN 1/2", AND OTHER EXTRANEOUSMATTER BEFORE PLACEMENT. TOPSOIL SHALL BE LOAMY, NOT CONSIST OF MORETHAN 38% CLAY AND CONFORM TO THE U.S. DEPARTMENT OF AGRICULTURE SOILTEXTURING TRIANGLE. ANY TOPSOIL LEFT OVER AFTER PROJECT COMPLETION SHALLBE DISPOSED OF OFF-SITE.22) IF THERE IS NOT ENOUGH TOPSOIL FROM THE INITIAL STRIPPING OPERATIONS, THECONTRACTOR SHALL FURNISH ADDITIONAL TOPSOIL AS NEEDED.23) LAWN AREAS SHALL RECEIVE A 4" MINIMUM THICKNESS OF TOPSOIL AND, AFTER LIGHTROLLING, MEET THE GRADES AND ELEVATIONS SHOWN ON THE GRADING PLAN.24) DO NOT SEED UNTIL ACCEPTANCE OF FINISH GRADE BY THE ARCHITECT.25) THE CONTRACTOR SHALL ESTABLISH A SMOOTH ACCEPTABLE LAWN INCLUDING SOILCONDITIONING, FINE GRADING, WATERING, FERTILIZING, WEEDING, MOWING,TRIMMING AND OTHER OPERATIONS SUCH AS ROLLING AS NEEDED. THE OWNER WILLPROVIDE A FINISHED GRADE WITHIN 3" OF FINAL GRADE.26) SEEDING MIXTURE: MIX SHALL BE 65% 3 VARIETY BLEND CREEPING RED FESCUE, 20%3 VARIETY BLEND PERENNIAL RYE AND 15% KENTUCKY BLUEGRASS BLEND. FERTILIZEWITH A NON-BURNING MEASURED RELEASE FERTILIZER, OR RAKE IN A LIGHTAPPLICATION OF 12-12-12 AT A RATE OF 15 LB. PER 1,000 S.F. BEFORE SEEDING.27)DO NOT SEED OR SOD IF GROUND IS FROZEN OR EXTREMELY WET.49) MAINTAIN LAWNS THROUGH TWO CUTTINGS AND ASSUME FULL RESPONSIBILITY FOR AFULL AND HEALTHY GROWTH. RESEED ALL BARE SPOTS.50) THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR ALL CLEAN-UP ASSOCIATED WITHTHEIR CONSTRUCTION PROCEDURES.79
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
ORDINANCE NO 23-
ORDINANCE GRANTING A USE VARIATION FOR THE PROPERTY LOCATED AT 302 N FRONT
STREET FOR THE OPERATION OF A BATTERY STORAGE FACILITY
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions
as granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed by McHenry Battery Storage LLC, (“APPLICANT”), on
behalf of the property owner, requesting approval of a use variation for the property commonly
known as 302 N Front Street, legally described on “EXHIBIT A”, attached hereto and incorporated
herein, “SUBJECT PROPERTY”; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on September 20, 2023 in the manner prescribed by ordinance and statute, and as
a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the
City Council the granting of the requested Use Variation; and
WHEREAS, the City Council has considered the evidence and recommendations from the
Planning and Zoning Commission and finds that the approval of the request is consistent with the
objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals,
and general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the SUBJECT PROPERTY is hereby granted approval of a Use Variation
to operate a Battery Storage Facility with an overall footprint of approximately 24,123 square
feet, subject to the following conditions:
1. All development on site shall be in substantial conformance with the site plan and
landscape plan attached hereto in “EXHIBIT B”;
2. All containers located within the fenced-in area shall be painted an earth-tone color.
SECTION 2: In granting said Use Variation, the City Council finds that the approval criteria
for Use Variances listed in §11-19-6 of the City of McHenry Zoning Ordinance have been met.
80
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
SECTION 3: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 4: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
Passed this 2nd day of October, 2023.
Ayes Nays Absent Abstain
Alderwoman Bassi _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Koch _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Trisha Ramel, City Clerk
81
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
EXHIBIT A
Legal Description
THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER AND RUNNING THENCE SOUTH ALONG THE EAST LINE OF SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, 382.7 FEET; THENCE WEST
PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER, 564.24 FEET TO THE EAST LINE OF U.S. ROUTE 12; THENCE NORTH ALONG THE
EAST LINE OF SAID U.S. ROUTE NO. 12, TO THE NORTH LINE OF SAID SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER TO THE PLACE OF BEGINNING, (EXCEPT THE
NORTH 155.0 FEET), IN MCHENRY COUNTY, ILLINOIS.
EXHIBIT B
82
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Landscape Plan/Site Plan
83
5 P-A5 P-O4 P-GNNOTES:1. CROWN OF ROOT BALL TO BEAR THE SAME RELATION TO FINISHGRADE WHICH IT WAS GROWN AT THE NURSERY.2. DO NOT DAMAGE ROOTS OR DESTROY ROOT BALL WHENINSTALLING TREE STAKES.3. REMOVE TREE RINGS, TREE WRAP AND STAKES 1 YEAR AFTERINSTALLATION. NOTIFY OWNER PRIOR TO REMOVAL.PLANT MIX,TAMPED IN LAYERS2-3 TIMES DIA.OF ROOT BALLTHIN BRANCHES BY 1/3RETAINING NORMALPLANT SHAPE3" MIN. SHREDDEDHARDWOOD MULCHREMOVE BURLAP, ROPEAND WIRE FROM BALLTOP AND SIDES2-1/4" X 2-1/4" X 8'HARDWOOD STAKE:x2 PER SHADE TREEx1 PER ORNAMENTALx3 PER EVERGREEN#12 GAUGE DOUBLETWISTED WIREBLACK RUBBER HOSEAROUND TREE4" HIGH SAUCERAROUND PIT PERIMETER5'-0"3'-0"BASE OF PIT ONUNDISTURBED SOILTREEWRAPSCALE: NONEQTY KEY BOTANICAL NAME COMMON NAME SIZE NOTES15 P-A PICEA ABIES NORWAY SPRUCE 6' HT B&B16 P-G PICEA GLAUCA WHITE SPRUCE 6' HT B&B11 P-O PICEA OMORIKA SERBIAN SPRUCE 6' HT B&B1) ALL DISTURBED AREAS SHALL BE SEEDED PER PLAN.2) ALL LAWN, TREE AND PLANT INSTALLATION SHALL BE PERFORMED BY A FIRMSPECIALIZING IN LANDSCAPE WORK.3) THE CONTRACTOR MUST DETERMINE THE LOCATION OF ALL EXISTING AND NEWUNDERGROUND UTILITIES AND THEIR EASEMENTS AND PERFORM WORK IN A MANNERTHAT WILL AVOID DAMAGE OF UTILITIES. HAND EXCAVATE, AS REQUIRED.4) THE CONTRACTOR SHALL PROTECT EXISTING TREES AND PLANTS NOT DESIGNATEDFOR REMOVAL. ANY TREE OR PLANT, INCLUDING ROOTS, DAMAGED BYCONSTRUCTION SHALL BE REPLACED BY THE CONTRACTOR WITH LIKE SPECIES ANDSIZE WITH NO ADDITIONAL COMPENSATION.5) ALL TREES AND PLANTS SHALL CONFORM TO ANSI Z60.1 "AMERICAN STANDARD FORNURSERY STOCK", AND BE LABELED WITH A WATERPROOF TAG INDICATING SPECIESAND SIZE. SPECIFIED TREE AND PLANT SIZES ARE MINIMUM SIZES TO BE INSTALLED.ANY PLANT SUBSTITUTION MUST BE APPROVED BY THE ARCHITECT. IF QUANTITIESLISTED IN PLANT MATERIAL LIST DO NOT CORRELATE WITH PLANTINGS INDICATED ONPLAN, THE QUANTITIES SHOWN ON THE PLAN SHALL GOVERN.6) TREE TRUNKS SHALL BE WRAPPED PRIOR TO LEAVING THE NURSERY TO PROTECTFROM INJURY DURING TRANSPORT. WRAPPING SHALL BE REMOVED, BUT ONLY AFTERPLANTED. PLANT MATERIALS SHALL BE PROVIDED WITH PROTECTIVE COVERINGSDURING TRANSPORT TO REDUCE DESICCATION.7) THE CONTRACTOR SHALL HAVE SOIL TESTS PERFORMED AT HIS EXPENSE BY ATESTING LABORATORY TO DETERMINE AMENDMENTS, IF ANY, TO EXISTING SOILS.8) PLANT MIX SHALL CONSIST OF EXISTING SOIL FREE OF DEBRIS, STICKS AND STONESGREATER THAN 1/2", AND CONTAIN TWENTY PERCENT (20%) ORGANIC MATTER BYVOLUME. 95% OF TOPSOIL SHALL PASS A 2.0 MIL SIEVE. ADD SOIL AMENDMENTS TOTHE EXISTING SOIL AS REQUIRED BY THE SOIL TEST. ORGANIC MATTER SHALLCONSIST OF COMPOSTED LEAVES, COMPOSTED SLUDGE OR OTHER APPROVEDMATERIAL. PEAT MOSS IS NOT AN ACCEPTABLE MATERIAL. ADD GRANULAR 'SOILMOIST' TO TOPSOIL MIX, APPLIED PER MANUFACTURER'S RECOMMENDED RATES FORTHE SIZE AND TYPE OF PLANT MATERIAL SPECIFIED, IF NO IRRIGATION IS APPLIED.9) TREES AND PLANTS SHALL BE DELIVERED AFTER PREPARATION FOR PLANTING HASBEEN COMPLETED, BUT NOT STORED MORE THAN 2 WEEKS. PLANT IMMEDIATELYUPON DELIVERY, OR PROTECT FROM WEATHER AND MECHANICAL DAMAGE AND KEEPROOTS MOIST.10) LAYOUT OF TREES AND PLANT MATERIALS MUST BE ACCEPTED BY THE ARCHITECTPRIOR TO PLANTING. NO PLANT, EXCEPT GROUND COVERS, SHALL BE PLANTED LESSTHAN 24" FROM A BUILDING, CURB, PAVEMENT OR SIDEWALK.11) PLANTING BED PREPARATION: LOOSEN EXISTING SOIL; ADD TOPSOIL IN SUFFICIENTQUANTITY TO RAISE BED 4-5" ABOVE FINISHED LAWN GRADE. PROVIDE POSITIVEDRAINAGE AWAY FROM ALL BUILDINGS AND AROUND OR AWAY FROM PLANTING BEDSTO PREVENT PONDING OF WATER. DO NOT RAISE BED GRADES, FINISHED GRADES, ORMULCH ABOVE FINISHED FLOOR ELEVATIONS. PLANTING BEDS AGAINST BUILDINGWALLS SHALL BE SLOPED AWAY FROM THE BUILDING AT A MINIMUM 1% SLOPE. ALLPLANTING BEDS TO RECEIVE A MINIMUM OF 6" TOPSOIL.12) MULCH ALL PLANTING BEDS, AND DISTURBED AREAS WITH A 3" DEPTH OF DOUBLESHREDDED HARDWOOD BARK.13) ALL NYLON ROPING, TWINE, SHALL BE REMOVED, PRIOR TO PLANTING. ALLNON-TREATED BURLAP AND/OR NON-ROT PROOF BURLAP TO BE REMOVED FROM TOPHALF OF ROOTBALL. ALL TREATED BURLAP OR POLYPROPYLENE BURLAP TO BECOMPLETELY REMOVED FROM PLANTING PIT.14) FERTILIZER: EACH TREE AND SHRUB PLANTING TO RECEIVE GRANULAR NITROFORM(18-6-12) FERTILIZER OR EQUAL.15) WATER SHALL BE FURNISHED FOR WATERING TREES AND PLANTS ON A WEEKLY BASISIN ABSENCE OF 1-1/2" RAINFALL. TREES AND PLANTS SHALL BE THOROUGHLYWATERED THROUGHOUT THE PERIOD OF ESTABLISHMENT. SATURATE THE ROOTZONE AND MULCHED AREA OF EACH TREE OR PLANT WITHOUT CAUSING RUN-OFF.DRIP IRRIGATION BAGS MAY BE USED ON INDIVIDUAL TREES.16) TAGS, STRINGS, ROPES AND WIRES SHALL BE REMOVED FROM TREES AND PLANTSABOVE AND BELOW GRADE.17) BEFORE FINAL INSPECTION BY THE ARCHITECT, ALL TREES AND PLANTS SHALL BE INPLACE AND UNDER THE CARE OF THE CONTRACTOR FOR A PERIOD OFESTABLISHMENT. THIS PERIOD SHALL BEGIN UPON COMPLETION OF PLANTINGOPERATIONS AND CONTINUE UNTIL OCTOBER 1ST, BUT IN NO CASE BE LESS THAN ONE(1) GROWING SEASON FROM JUNE 1ST TO OCTOBER 1ST. DURING THIS PERIOD,HORTICULTURAL PRACTICES SHALL BE FOLLOWED THAT WILL ENSURE THE VIGOR ANDGROWTH OF TRANSPLANTED MATERIAL INCLUDING WATERING, MULCHING, STAKING,GUYING, WEEDING, CULTIVATING AND PRUNING.18) ALL TREES AND PLANTS SHALL BE GUARANTEED AND COVERED BY A MAINTENANCEBOND FOR A PERIOD OF ONE (1) YEAR BEGINNING ON THE DATE OF ACCEPTANCE BYTHE ARCHITECT. ANY TREE OR PLANT WHICH DIES, TURNS BROWN OR DEFOLIATESPRIOR TO ACCEPTANCE SHALL BE REMOVED AND REPLACED WITH THE SAME SPECIES,QUANTITY AND SIZE AND MEET ALL SPECIFICATIONS BEFORE OR AT THE END OF THEGUARANTEE PERIOD AT NO ADDITIONAL COST TO THE OWNER. TREES OR PLANTSREPLACED IN THE FALL THAT DIE BEFORE OR DURING THE SPRING PLANTING SEASONSHALL BE REPLACED IMMEDIATELY.19) ALL AREAS DISTURBED DURING CONSTRUCTION SHALL BE FINE GRADED TO ASMOOTH, UNIFORM SURFACE WITH LOOSE UNIFORMLY FINE TEXTURE INCLUDINGREMOVAL OF ALL STONES GREATER THAN 1/2", STICKS, ROOTS, RUBBISH AND OTHEREXTRANEOUS MATTER BEFORE PLACING TOPSOIL USING ROCKHOUND LANDSCAPERAKE EQUIPMENT. RESEED ALL DISTURBED AREAS WITH APPROPRIATE SEED MIX.20) BED EDGES SHALL BE CUT IN A DEFINED "V" SHAPE WITH AN APPROXIMATE 60° ANGLETO THE GROUND AND TO A MINIMUM OF 2" DEPTH. TAKE SPECIAL CARE TO INSURETHAT PLANTING BEDS DO NOT INHIBIT DRAINAGE.21) BOTH STOCKPILED AND FURNISHED TOPSOIL SHALL BE SCREENED FROM CLAY LUMPS,BRUSH, WEEDS, LITTER, ROOTS, STONES LARGER THAN 1/2", AND OTHER EXTRANEOUSMATTER BEFORE PLACEMENT. TOPSOIL SHALL BE LOAMY, NOT CONSIST OF MORETHAN 38% CLAY AND CONFORM TO THE U.S. DEPARTMENT OF AGRICULTURE SOILTEXTURING TRIANGLE. ANY TOPSOIL LEFT OVER AFTER PROJECT COMPLETION SHALLBE DISPOSED OF OFF-SITE.22) IF THERE IS NOT ENOUGH TOPSOIL FROM THE INITIAL STRIPPING OPERATIONS, THECONTRACTOR SHALL FURNISH ADDITIONAL TOPSOIL AS NEEDED.23) LAWN AREAS SHALL RECEIVE A 4" MINIMUM THICKNESS OF TOPSOIL AND, AFTER LIGHTROLLING, MEET THE GRADES AND ELEVATIONS SHOWN ON THE GRADING PLAN.24) DO NOT SEED UNTIL ACCEPTANCE OF FINISH GRADE BY THE ARCHITECT.25) THE CONTRACTOR SHALL ESTABLISH A SMOOTH ACCEPTABLE LAWN INCLUDING SOILCONDITIONING, FINE GRADING, WATERING, FERTILIZING, WEEDING, MOWING,TRIMMING AND OTHER OPERATIONS SUCH AS ROLLING AS NEEDED. THE OWNER WILLPROVIDE A FINISHED GRADE WITHIN 3" OF FINAL GRADE.26) SEEDING MIXTURE: MIX SHALL BE 65% 3 VARIETY BLEND CREEPING RED FESCUE, 20%3 VARIETY BLEND PERENNIAL RYE AND 15% KENTUCKY BLUEGRASS BLEND. FERTILIZEWITH A NON-BURNING MEASURED RELEASE FERTILIZER, OR RAKE IN A LIGHTAPPLICATION OF 12-12-12 AT A RATE OF 15 LB. PER 1,000 S.F. BEFORE SEEDING.27)DO NOT SEED OR SOD IF GROUND IS FROZEN OR EXTREMELY WET.49) MAINTAIN LAWNS THROUGH TWO CUTTINGS AND ASSUME FULL RESPONSIBILITY FOR AFULL AND HEALTHY GROWTH. RESEED ALL BARE SPOTS.50) THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR ALL CLEAN-UP ASSOCIATED WITHTHEIR CONSTRUCTION PROCEDURES.84
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
REGULAR AGENDA SUPPLEMENT
TO: Mayor and City Council
FOR: October 2, 2023 City Council Meeting
FROM: Cody Sheriff, City Planner
RE: Ordinance Granting Text Amendments to the City of McHenry Building and Sign
Regulations
1. Draft Text Amendments
2. Ordinance Granting Text Amendments To The City Of McHenry Building and Sign Code
AGENDA ITEM SUMMARY:
Staff is requesting approval of minor text amendment updates to the City’s building and sign
regulations regarding requirements to maintain a garage for existing single -family residences,
prohibited fence materials, and sign code updates for menu boards. The requested text
amendments are in response to recent code enforcement activity and adjudication efforts as well
as sign variance requests for drive -thru restaurants.
DRAFT TEXT:
§10-1-22: Garages Required
<insert> C. Maintenance: All single-family residences constructed with a garage shall be required
to continue to maintain a garage. In the event that a required garage is damaged or destroyed
the property owner shall obtain a building permit for repairs or a replacement garage within one
hundred eighty (180) days.
(Fences) §10-13-4: RESIDENTIALLY ZONED LOT STANDARDS
<delete> E. Use of Barbed Wire Prohibited: The use of barbed wire in Residential Zoned Districts
is prohibited. (Relocated to prohibited fences section)
<insert> E. Fence Materials
1. Permitted Fences. Fences shall only be constructed of the following materials:
85
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
a. Wood or simulated wood;
b. Wrought iron or simulated wrought iron;
c. Decorative brick or stone;
d. Masonry or stucco wall;
e. PVC; or
f. Chain link
2. Prohibited Fences. The following fences are prohibited:
a. Chicken wire, barbed wire, welded mesh wire and electrically charged
wire fences.
b. Snow fences, except for exclusive control of snow between November
1 and March 31 and as authorized by the Zoning Administrator for
special events or construction sites.
c. Fences made of solid plywood, scrap lumber, temporary fencing and
similar noncustomary materials.
d. Fences on any portion of any public right-of-way, except fences erected
by a governmental entity.
e. All other noncustomary materials as determined by the Zoning
Administrator.
§10-20-13 - Table 1 – Sign Regulations Table
Sign Type Number
Permitted
Maximum
Area (Square
Feet)
Maximum
Height (feet)
Minimum
Setback
(Feet)
Menu Board Wall 1 (drive-thru
only) 2 per
drive-thru
lane
32 100 - -
FS 32 100 8 See Note 2
(Shall be
located in
side or rear
yard only)
If the City Council concurs, it is recommended the attached ordinance granting text
amendments to the City of McHenry Building Regulations and Sign Code be approved. (City
Council Vote, simple-majority)
86
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
ORDINANCE NO 23-
ORDINANCE GRANTING TEXT AMENDMENTS TO THE CITY OF MCHENRY BUILDING
REGULATIONS AND SIGN CODE
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions
as granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed by the City of McHenry requesting approval of text
amendments to the City of McHenry Building Regulations and Sign Code in the City of McHenry
Municipal Code; and
WHEREAS, the City Council has considered the evidence and staff recommendations from
and finds that the approval of the request is consistent with the objectives of the City of McHenry
Zoning Ordinance to protect the public health, safety, morals, and general welfare of its
residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the City of McHenry Building Regulations are hereby amended as
follows:
Ҥ10-1-22: Garages Required
<insert> C. Maintenance: All single-family residences constructed with a garage shall be
required to continue to maintain a garage. In the event that a required garage is damaged or
destroyed the property owner shall obtain a building permit for repairs or a replacement
garage within one hundred eighty (180) days.
§10-13-4: RESIDENTIALLY ZONED LOT STANDARDS
<delete> E. Use of Barbed Wire Prohibited: The use of barbed wire in Residential Zoned
Districts is prohibited.
<insert> E. Fence Materials
1. Permitted Fences. Fences shall only be constructed of the following
materials:
a. Wood or simulated wood;
b. Wrought iron or simulated wrought iron;
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Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
c. Decorative brick or stone;
d. Masonry or stucco wall;
e. PVC; or
f. Chain link
2. Prohibited Fences. The following fences are prohibited:
a. Chicken wire, barbed wire, welded mesh wire and electrically charged
wire fences.
b. Snow fences, except for exclusive control of snow between
November 1 and March 31 and as authorized by the Zoning
Administrator for special events or construction sites.
c. Fences made of solid plywood, scrap lumber, temporary fencing and
similar noncustomary materials.
d. Fences on any portion of any public right-of-way, except fences
erected by a governmental entity.
e. All other noncustomary materials at the determination of the Zoning
Administrator.”
SECTION 2: That §10-20-13 - Table 1 in the City of McHenry Sign Regulations is hereby
amended as follows:
Sign Type Number
Permitted
Maximum
Area (Square
Feet)
Maximum
Height (feet)
Minimum
Setback
(Feet)
Menu Board Wall 1 (drive-thru
only) 2 per
drive-thru
lane
32 100 - -
FS 32 100 8 See Note 2
(Shall be
located in
side or rear
yard only)
SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
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Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
Passed this 2nd day of October, 2023.
Ayes Nays Absent Abstain
Alderwoman Bassi _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Koch _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Trisha Ramel, City Clerk
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Office of the Chief of Police
John R. Birk
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2200
Fax: (815) 363-2149
www.ci.mchenry.il.us
Discussion Agenda Item
TO: Mayor and City Council
FROM: John R. Birk, Chief of Police
Bill Hobson, Director of Parks and Recreation
FOR: October 2, 2023, Regular City Council meeting
RE: Dining and Entertainment District
Discussion Summary:
This is a discussion item with Council to review the concept of creating a Dining and Entertainment D istrict in
McHenry, in which (1) participating licensed establishments would be authorized to sell alcoholic beverages to
go for (2) the outside consumption of alcohol within a defined space of the McHenry Downtown Business
District. Upon the conclusion of this discussion Staff is seeking direction on whether to move forward with an
Agenda Item on this topic for approval consideration.
Background:
Over the past several years Staff has worked diligently to develop and define the McHenry Downtown
Business District, which includes the areas of Riverside Drive, Green Street, Pearl Street, and Main Street. We
have seen the successful buildout of the first three phases of the Riverwalk with the fourth phase expected in
the near future. In FY 23/24 Council approved the full redevelopment of Miller Point Park which was
completed in September of 2023.
Through collaboration, partnerships, and community support the city is finally seeing their downtown and
waterfront vision come to life. As we continue to move forward staff has worked to provide Council with
another new option to further promote and define our unique waterfront downtown business district.
Proposal:
Staff is formally proposing the implementation of a Dining and Entertainment District imbedded within our
Downtown Business District. Within this new Dining and Entertainment District it is proposed that a
designated area to allow the regulated consumption of alcoholic beverages in public areas, including
sidewalks, Miller Point Park and the Riverwalk.
Similar to the “Social Districts” established in other communities, Staff feels that a Dining and Entertainment
District in McHenry would increase the amount of pedestrian traffic within our downtown business district
and promote growth for all downtown businesses.
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Staff is proposing the following regulations regarding the Dining and Entertainment District:
Location:
• The Riverwalk in its entirety
• Riverside Drive from Weber’s Park to Miller Point Park
• Park Street from Route 120 to Pearl Street
• Pearl Street from Riverside Drive to Green Street
• Green Street from Pearl Street to Waukegan Road
• Main Street from Route 31 to the Railroad Tracks
Operational Time Frame:
• Time of Year: May 1, 2024 through November 1, 2024
• Days of Week: Sunday through Saturday
• Time of Day: 12:00pm to 9:00pm daily
Businesses with Liquor Licenses Participating:
• Bars and Restaurants with a Class A Liquor License are eligible to participate.
• Special alcohol endorsement on local license required. $300 annually.
• Required waiver releasing the City from liability.
• Required signage with regulations clearly posted at each establishment.
• Certificate of Insurance listing the City of McHenry as additional insured.
Alcohol Restrictions:
• Limit of two drinks sold per transaction.
• Limited to beer, wine, pre-packaged alcoholic seltzer
• All drinks to be served in approved clear plastic (per ordinance) 16-ounce cups.
• Only participating alcohol establishments may sell.
• Outside possession and consumption is permitted from alcohol purchases at participating
establishments. You cannot bring in your own alcohol to drink, you must buy from local license
businesses.
Signage and Educational Awareness:
• Signage will be installed throughout the designated area informing the public of the location of the
Dining and Entertainment District along with local regulations. Examples of signage can be seen on the
following pages.
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Enforcement:
• Law enforcement will conduct regular patrols of the area to ensure compliance with all regulations.
Citations will be issued for violators.
• The use of designated cups, approved by ordinance will allow law enforcement to enforce outside
alcohol violations more easily and better determine point of sale. See examples below.
Ordinance Changes Required:
If approved by Council revisions to the McHenry City Code will include:
• Title 4: Business and License Regulations, Chapter 2 Alcoholic Liquor
o (1) Dining & Entertainment District rules and reg ulations (2) License Endorsement for Dining and
entertainment.
• Title 6: Public Safety, Chapter 5 Offenses
o 6-5A-30 Alcoholic Beverages
Term: It is recommended that this Ordinance be drafted with an automatic expiration of December 31, 2024
unless Council takes actions to enacted the Ordinance permanently. Much like our Golf Cart / UTV
ordinance this will allow Staff to monitor the Dining and Entertainment District for one full season and
report back to Council with issues or concerns before making the Ordinance permanent.
Conclusion:
Upon the conclusion of this discussion, Staff is seeking a consensus from Council if they would like us to bring
forth an Ordinance which would create a Dining and Entertainment District and allow the open possession and
consumption of alcohol inside said District. Staff is available to answer any further questions Council may
have.
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